HomeMy WebLinkAbout2000-04-04 Resolution 04-04-00
4d(2)
Prepared by: Kumi Morris, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319)356-5436
RESOLUTION NO. 00-119
RESOLUTION SETrING A PUBLIC HEARING ON PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION
OF THE CITY OF IOWA CITY POLICE 2ND FLOOR CONSTRUCTION PROJECT,
DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID'HEARING, AND
DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR
PUBLIC INSPECTION.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
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 18'rH day of April,
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 4th day of ApY-i 1 ,20 00
,
~MAYOR
rove
CI City Attorney's Office
pweng\res~nd~r.doc
9~99
Resolution No. 00-119
Page 2
It was moved by 0'Donnel 1 and seconded by Pfab the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehn~an
X O'Donnell
X Pfab
X Vanderhoef
X Wilbum
Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246
RESOLUTION NO. 00-120
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE
CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT
UNION FOR PROPERTY LOCATED AT 430 NORTH VAN BUREN STREET,
IOWA CITY, IOWA.
WHEREAS, the City of Iowa City is the owner and holder of a Mortgage in the amount of
$5,463, executed by the owner of the property on February 24, 1997 recorded on September
29, 1998, in Book 2586, Page 207 through Page 211, and the City of Iowa City is also the owner
and holder of another Mortgage in the amount of $5,700, executed by the owner on October 21,
1998 and recorded on October 30, 1998, in Book 2607, Page 17 through Page 21 in the
Johnson County Recorder's Office covering the following described real estate:
The North 50 feet of Lot 2, in the North 50 'feet of the West 20 feet of Lot 1, Block 36,
Iowa City, Iowa.
WHEREAS, University of Iowa Community Credit Union, has refinanced the first mortgage in
the amount of $60,000 to the owner of 430 North Van Buren Street to secure the loan by a
mortgage covering the real estate described above; and
WHEREAS, it is requested the Mortgages held by the City be subordinated to the revised first
mortgage to accommodate University of Iowa Community Credit Union; and
WHEREAS, University of Iowa Community Credit Union has requested that the City execute the
attached subordination agreement thereby making the City's lien subordinated to the lien of said
mortgage with University of Iowa Community Credit Union, 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 University of Iowa Community
Credit Union, Iowa City Iowa.
Passed and approved this 4th day of Ap~'i ] ,20 00
Approved by
ATTEST:Ci~-~,E~.~'~- ';~z,4~ CityXT~-c;rn~
pl:x:lrehab/res/43Ovanburen,doc
Resolution No. 00-1Z0
Page 2
It was moved by 0'Donnel 1 and seconded by Pfab the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilbum
SUBORDINATION AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and
The University of Iowa Community Credit Union
Of Iowa City, Iowa , herein the Financia~ Institution.
WHEREAS, the City is the owner and holder of a certain mortqaq es
which at this time is in the amount of $ 11,162.65 and were executed by
Colleen Keith (herein the Owner), dated
February ~.4 19 97, recorded ReDt-ember :>9 , 1998 , in
Book 2586, Page 207 'through 211 , and dated October-21 , 19 98,
recorded October 30 , 1998, in Book_ 2607, Page 17 through
-21 , Johnson County Recorders Office, covedng the following described real property:
The North 50 feet of Lot 2, and the West 20 feet of the North 50
feet of Lot 1, all in Block 36, Iowa City, Iowa, according to the
recorded plat thereof in Book 4, Page 421.
WHEREAS, the Financial Institution proposes to loan the sum of $ 60,000.00 on a
promissory note to be executed by the Financial Institution and the Owner, secudng a mortgage
covering the real property described above; and
WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the
mortgages held by the City be subordinated to the lien of the
mortgage proposed to be made by 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 mnrt-gage,~ held by 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.
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.
SUBORDINATION AGREEMENT Page 2
3. Senlor Mortgage. The mortgage in favor of the Finandal Institution is hereby
acknowledged as a lien superior to the mortQacres of the C_Aty.
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 parties hemto.
Dated this '7 day of I-%,~,-ck , +gac~b
By
Attest: z erly o
CITY'S ACKNOWLEDGEMENT ~31ty Attomey's Office
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this 4
day of Ck i'~L , Lqg-l-r, before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared
Ern~.s~' (--,O. L~lnr,-,o.r,, and Madan K. Karr, to me personally known, and, who,
being by me duly swom, 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 (Ordinance) (Resolution) No. c~ - f Zj~
passed (the Resolution adopte~,) by the City Council, under Roll Call No. of the
City Council on the 'f-- day of /X,p~,~ .1~ .~zrc~ and that
E~h~s~- Cd. [ ~g, rn.r, v~ and Madan K. Karr acknowled'ged the execution of the
instrument to be their voluntary act and deed and the voluntary act and deed of the corporation,
by it voluntarily executed.
Notary Public in and for the State of Iowa
T~.~ r_Z~.~4~% ~p',r~s:--~7~o-3
SUBORDINATION AGREEMENT Page 3
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this 23r~ day of V"6brLl~LlrL( , A.D. 19 2-COO, before me, the
undersigned, a Notary Public in and for the State of Iowa, personally appeared
Donald R Wells and KimberlV McCoV , tome personally known, who
being by me duly sworn, did say that they are the Senior vice President and
First Vice 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
Donald R Wells and Kimber]y McCoy as such officers
acknowledged the execution of said instrument to be the voluntary act and deed of said
corporation, by it and by them voluntarily executed.
Notary Public in and for the State of Iowa
ppdcdbg~subrdntn.sgt ,""' .' DAVID VAN DUSSELDORP
~.~"j~t,.. MY COMMISSION EXPIRES
4e(2)
Prepared by: Liz Osbome, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RESOLUTION NO. 00-]-2].
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST TO THE RELEASE OF A LIEN REGARDING TWO MORTGAGES FOR THE
PROPERTY LOCATED AT 1202 MARCY STREET, IOWA CITY, IOWA.
WHEREAS, on July 10, 1992, the owner of 1202 Marcy Street executed a Second Mortgage
through the City's Down Payment Assistance Program for the amount of $2,000; and
WHEREAS, on January 14, 1998, the owner also executed a Mortgage through the City's
Housing Rehabilitation Program for the amount of $5,486 plus a one-time interest charge of
$274; and
WHEREAS, these documents created liens against the property in the total amount of $7,760;
and
WHEREAS, the loans were paid off on March 16, 2000; and
WHEREAS, it is the City of Iowa City's responsibility to release these liens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached
Release of Lien for recordation, whereby the City does release the property located at 1202
Marcy Street, Iowa City, Iowa from a Second Mortgage recorded on July 14, 1992, Book 1403,
Page 163 through Page 166, and another Mortgage recorded on January 15, 1998, Book 2405,
Page 243 through Page 247 of the Johnson County Recorder's Office.
Passed and approved this 4th day of Apri 1 ,20 00
R
Approved by
City Attorney's Office
It was moved by 0'Donnel 1 and seconded by Pfab the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
× Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilburn
ppdrchab/res/1202 m~rcy.
Prepared by: Liz Osbome, CD Division, 410 E, Washington St., Iowa City, IA 52240 (319)356-5246
RELEASE OF LIEN
The City of Iowa City does hereby release the property at 1202 Marcy Street, Iowa City, Iowa,
and legally described as follows:
Lot 1 in Block 1 in Sunnyside Addition to Iowa City, Iowa, according to the recorded plat
thereof, subject to easements and restrictions of record
from an obligation of the owner, Carol L. Hogan, to the City of Iowa City in the total amount of
$7,760 represented by a Second Mortgage recorded on July 14, 1992, Book 1403, Page 163
through Page 166, and another Mortgage recorded on January 15, 1998, Book 2405, Page 243
through Page 247 of the Johnson County Recorder's Office.
This obligation has been satisfied and the property is hereby released from any liens or clouds
upon title to the above property by reason of said prior recorded document.
Approved by
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this + ~''~ day of ~- :. l , A.D. 20 <~? , before me, the undersigned, a
Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and
Madan K. Karr, to me personally known, who being by me duly sworn, did say that they are the
Mayor and City Clerk, respectively, of said municipal corporation executing the within and
foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the
instrument was signed and sealed on behalf of the corporation by authority of its City Council, as
contained in Resolution No. ~-lZ/, adopted by the City Council on the '~ ~' day
,20 00 and that the said Ernest W. Lehman and Marian K. Karr as such officers
acknowledged the execution of said instrument to be the voluntary act and deed of said
corporation, by it and by them voluntarily executed.
Notary Public in and for Johnson County, Iowa
ppdrehab/1202marcy. doc
Prepared by: Liz Osborne, Housing Rehab, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246
RESOLUTION NO. 00-122
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST TO THE RELEASE OF A LIEN REGARDING A MORTGAGE FOR THE
PROPERTY LOCATED AT 804 4TH AVENUE, IOWA CITY, IOWA
WHEREAS, on May 14, 1997, the owners of 804 4t~ Avenue executed a. Mortgage in the form
of a payback loan for the amount of $4,250 through the City's Housing Rehabilitation Program;
and
WHEREAS, this document created a lien against the property; and
WHEREAS, the balance of the Mortgage ($2,940) was paid off on March 21, 2000; and
WHEREAS, it is the City of Iowa City's responsibility to release this lien.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached
Release of Lien for recordation, whereby the City does release the property located at 804 4th
Avenue, Iowa City, Iowa from a Housing Rehabilitation Lien recorded on July 25, 1997, Book
2313, Page 185 through Page 189 of the Johnson County Recorder's Office.
Passed and approved this 4th day of~~AV~'i.~{4~/.. ,20 0/~w
MAY R
Approved by
CI ~
It was moved by 0'Donne] ] and seconded by Pfab 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
pp~ehab/res/804--4th,doc
Prepared by: Liz Osborne, Housing Rehab, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246
RELEASE OF LIEN
The City of Iowa City does hereby release the property at 804 4th Avenue, Iowa City, Iowa, and
legally described as follows:
North sixty feet of Lot 8, Block 25, East Iowa City, Iowa, according to the recorded plat
thereof
from an obligation of the owners, Elsie H. Barkalow and Ronald Elmer Barkalow, to the City of
Iowa City in the amount of $4,250 represented by Mortgage recorded on July 25, 1997, Book
2313, Page 185 through Page 189 of the Johnson County Recorder's Office.
This obligation has been satisfied and the property is hereby released from any liens or clouds
MAYOR
Approved by
IT e.~- z2'~;i~
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this ~ ~ day of d~s~ , A.D. 20 OD , before me, the under-
signed, a Nota~ Public in an d County, in said State, personally appeared Ernest W.
Lehman and Marjan K. Karr, to me personally known, who being by me duly sworn, did say
that they are the Mayor and City Clerk, respectively, of said municipal corporation executing
the within and foregoing instrument; that the seal affixed thereto is the seal of said
corporation, and that the instrument was signed and sealed on behalf of the corporation by
authority of its City Council, as contained in Resolution No. ~-iZ ~, adopted by the City
Council on the ~ t~ day ~ ~, .'( ,20 ~c and that the said Ernest W.
Lehman and Marian K. Karr as such ~fficers acknowledged the execution of said instrument
to be the voluntary act and deed of said corporation, by it and by them voluntarily executed.
Notary Public in and for Johnson County, Iowa
ppdrehab/804-4th.doc
04-04-00
4e(4)
Prepared by: Liz Osborne, Housing Rehab, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246
RESOLUTION NO. (19-1
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST TO THE RELEASE OF A LIEN REGARDING TWO PROMISSORY NOTES
FOR THE PROPERTY LOCATED AT 617 KEOKUK COURT, IOWA CITY, IOWA
WHEREAS, on December 1, 1987, the owner of 617 Keokuk Court executed a Promissory Note
in the form of a Statement of Life Lien through the City's Housing Rehabilitation Program for the
amount of $3,000; and
WHEREAS, on June 8, 1988, the owner executed another Promissory Note in the form of a
Statement of Life Lien for the amount of $7,250; and
WHEREAS, these documents created liens against the property in the total amount of $10,250;
and
WHEREAS, the Promissory Notes were paid off on March 21, 2000; and
WHEREAS, it is the City of Iowa City's responsibility to release these liens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached
Release of Lien for recordation, whereby the City does release the property located at 617
Keokuk Court, Iowa City, Iowa from a Promissory Note recorded on December 7, 1987, Book
988, Page 862, and another Promissory Note recorded on June 16, 1988, Book 1008, Page 277
of the Johnson County Recorder's Office.
Passed and approved this 4th day of Apr-'i '1 ,20
CI'~'CLERK City Attorn'ey's Office
It was moved by 0'Donne'l I and seconded by Pfab 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
ppdrehab/res/617keok.doc
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RELEASE OF LIEN
The City of Iowa City does hereby release the property at 617 Keokuk Court, Iowa City, Iowa,
and legally described as follows:
Lot 60, Part Two, Plum Grove Acres Subdivision, Iowa City, Iowa according to the
recorded plat thereof, recorded in Plat Book 2, Page 151, Plat Records of Johnson
County, Iowa
from an obligation of the owner, Edna G. Blecha, to the City of Iowa City in the total amount of
$10,250 represented by a Promissory Note ($3,000) recorded on December 7, 1987, Book 988,
Page 862, and another Promissory Note ($7,250) recorded on June 16, 1988, Book 1008, Page
277 of the Johnson County Recorder's Office.
This obligation has been satisfied and the property is hereby released from any liens or clouds
upon title to the above property by reason of said prior recorded document.
Approved by
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this ~ *]' day of -/~L~/~I~ , A.D. 20 ~ , before me, the under-
signed, a Notary Public in and for said County, in said State, personally appeared Ernest W.
Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say
that they are the Mayor and City Clerk, respectively, of said municipal corporation executing
the within and foregoing instrument; that the seal affixed thereto is the seal of said
corporation, and that the instrument was signed and sealed on behalf of the corporation by
authority of its City Council, as contained in Resolution No. Ct~-/Z-,~ , adopted by the City
Council on the ~r -r~- day r~c q~? p,~ ~ _ ,20 ~(2 and that the said Ernest W.
Lehman and Marian K. Karr as such officers acknowledged the execution of said instrument
to be the voluntary act and deed of said corporation, by it and by them voluntarily executed.
-.%o,,~r~-~/.
Notary Public in and for Johnson County, Iowa
Prepared by: Dennis Mitchell, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 00-124
RESOLUTION AUTHORIZING REDUCTION OF ANIMAL LICENSE FEES IN
CONNECTION WITH NATIONAL TAG DAY.
WHEREAS, National Tag Day takes place on April 8, 2000; and
WHEREAS, one of the goals of National Tag Day is to encourage owners to register their pets with
the Animal Shelter; and
WHEREAS, in an effod to encourage pet owners to register their pets with the Animal Shelter, it
would be in the public interest to offer a discount on new licenses for animals which are registered
at the Iowa City Animal Shelter on April 8, 2000 in connection with National Tag Day; and
WHEREAS, it would be in the public interest to authorize the City Manager or designee to reduce
Animal Shelter fees during future National Tag Days.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, that:
1. In connection with National Tag Day, license fees charged for animals registered for the
first time with the Iowa City Animal Shelter on April 8, 2000 shall be 50% of the fees
normally charged.
2. The City Manager or designee is hereby authorized to permit the reduction of animal
control fees in connection with all future National Tag Days.
3. All other provisions of Resolution No. 97-233, which sets forth the schedule of fees for
animal control services, not inconsistent with the above shall remain in effect.
Passed and approved this 4th day of Apri 1 ,2000.
Approved by
CI City Attorney's Office
Resolution No, NN-124
Page 2
It was moved by 0'Donne] ] and seconded by Pfab the Resolution be
adopted, and upon roll call them were:
AYES: NAYS: ABSENT:
X Champiqn
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilbum
Prepared by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030
RESOLUTION NO.
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST A LIMITED RELEASE/ESCROW AGREEMENT .FOR IMPROVEMENTS
WITHIN LOUIS CONDOMINIUMS DEVELOPMENT, IOWA CITY, IOWA
WHEREAS, pursuant to Title14, Chapter 6, "Zoning", of the Iowa City City Code, approval was
obtained on the final planned development plan and rezoning for the development known as Louis
Condominiums, Iowa City, Iowa, hereinafter referred to as "Development'"; and
WHEREAS, pursuant to the original Conditional Zoning Agreement and Developer's Agreement
between the original Developer and City, the westerly private driveway connecting the existing
Louis household and Foster Road was to be closed at such time as Norwood C. Louis II and Betty
Louis ceased to occupy the existing single family residence, or the Foster Road widening project
was commenced, whichever occurred first;
WHEREAS, the Developer has requested that the requirement for closing the westerly driveway
between the existing Louis residence and Foster Road be amended to allow the driveway to
remain open until such time as 250 additional occupancy permits are issued for within the area to
the west of the Louis driveway or until Norwood and Betty Louis cease to occupy the existing
residence, whichever occurs first; and
WHEREAS, City and Developer agree that it is reasonable to allow the driveway to remain open
under the preceding conditions provided the Developer agrees to ensure the satisfactory closure
of the existing driveway and completion of an alternative driveway between the existing residence
and Louis Place as shown on the approved final plan by depositing with the City, in escrow, a sum
sufficient to cover the costs of closing the existing driveway and paving such alternative driveway,
and to execute an agreement providing that the City may use such escrow to complete said
closure and paving should the Developer fail to accomplish same; and
WHEREAS, in order to facilitate and ensure the satisfactory completion of the required closure
and paving, the Parties also agree to create a lien which shall immediately attach to the escrow on
deposit with the City of Iowa City for Louis Condominiums, such escrow to be in the amount of
$16,500, and that this lien shall remain attached to this escrow until such time as, in the opinion of
the City Engineer, the closure and paving requirement been completed; and
WHEREAS, the parties wish to execute an agreement memorializing these terms.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. It is in the public interest to execute the Limited Release/Escrow Agreement for Louis
Condominiums in order to allow the existing driveway to conditionally remain open while
protecting the City's interests.
2. The Council finds that transferring any real estate lien to the escrow account is reasonable
under the circumstances and protects the City's interests.
3. The Mayor is hereby authorized to execute and the City Clerk to attest the Limited
Release/Escrow Agreement, a copy of which is attached hereto. The City Clerk is further
directed to record the Limited Release/Escrow Agreement along with a certified copy of
this Resolution in the Johnson County Recorder's Office at Developer's expense.
4. Upon certification from the City Engineer that construction of the improvements is
satisfactorily completed to City specifications, the Mayor and City Clerk are authorized to
execute a final release for recordation in the Johnson County Recorder's Office.
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
//
\landuse\esorow.res
DRAFT
Prepared by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030
LIMITED RELEASE/ESCROW AGREEMENT FOR PUBLIC IMPROVEMENTS
This Agreement is made by and between Norwood C. Louis II and Betty Louis, husband and
wife, and H&O, LC, as property owners, hereinafter collectively referred to as "Developer,"
and the City of Iowa City, a municipal corporation, hereinafter referred to as "City."
WHEREAS, pursuant to Title14, Chapter 6, "Zoning", of the Iowa City City Code, approval
was obtained on the final planned development plan and rezoning for the development known
as Louis Condominiums, Iowa City, Iowa, hereinafter referred to as "Development"; and
WHEREAS, pursuant to the original Conditional Zoning Agreement and Developer's
Agreement between the original Developer and City, the westerly private driveway
connecting the existing Louis household and Foster Road was to be closed at such time as
Norwood C. Louis II and Betty Louis ceased to occupy the existing single family residence, or
the Foster Road widening project was commenced, whichever occurred first;
WHEREAS, the Developer has requested that the requirement for closing the westerly
driveway between the existing Louis residence and Foster Road be amended to allow the
driveway to remain open until such time as 250 additional occupancy permits are issued for
within the area to the west of the Louis driveway or until Norwood and Betty Louis cease to
occupy the existing residence, whichever occurs first; and
WHEREAS, City and Developer agree that it is reasonable to allow the driveway to remain
open under the preceding conditions provided the Developer agrees to ensure the satisfactory
closure of the existing driveway and completion of an alternative driveway between the
existing residence and Louis Place as shown on the approved final plan by depositing with the
City, in escrow, a sum sufficient to cover the costs of closing the existing driveway and
paving such alternative driveway, and to execute an agreement providing that the City may
use such escrow to complete said closure and paving should the Developer fail to accomplish
same; and
WHEREAS, in order to facilitate and ensure the satisfactory completion of the required
closure and paving, the Parties also agree to create a lien which shall immediately attach to
the escrow on deposit with the City of Iowa City for Louis Condominiums, such escrow to be
in the amount of $16,500, and that this lien shall remain attached to this escrow until such
time as, in the opinion of the City Engineer, the closure and paving requirement been
completed.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES SET FORTH BELOW,
IT IS AGREED AS FOLLOWS:
1. Developer acknowledges that, pursuant to Title 14, Chapter 6, "Zoning", of
the Iowa City City Code, approval was obtained on the final planned
development plan and rezoning for the development known as Louis
Condominiums, Iowa City, Iowa, hereinafter referred to as "Development".
Pursuant to the Original Conditional Zoning Agreement and Developer's
Agreement between the Developer and City for said development, the westerly
private driveway connecting the existing Louis household and Foster Road was
to be closed at such time as Norwood C. Louis II and Betty Louis ceased to
occupy the existing single family residence, or the Foster Road widening
project was commenced, whichever occurred first
2. The Parties hereto acknowledge that Developer has' requested that the
requirement for closing the westerly driveway between the existing Louis
residence and Foster Road be amended to allow the driveway to remain open
until such time as 250 additional occupancy permits are issued for within the
area to the west of the Louis driveway or until Norwood and Betty Louis cease
to occupy the existing residence, whichever occurs first. Further, Developer
acknowledges and agrees that the requirement and retention of an escrow is a
reasonable method to ensure closure of the existing driveway and completion
of an alternative driveway between the existing residence and Louis Place as
shown on the approved final plan, and Developer agrees that the City may use
such escrow to complete said closure and paving should the Developer fail to
accomplish the paving requirement.
3. Developer and City acknowledge and agree that closure of the existing
driveway and completion of an alternative driveway between the existing
residence and Louis Place as shown on the approved final plan (hereinafter
"improvements") is hereby guaranteed by an escrow in the sum of $16,500.00
(hereinafter "improvements escrow). The above referenced improvements
shall be made in accordance with the City-approved final OPDH plan and in
accordance with applicable City specifications as reviewed and approved by
the City Engineer.
4. The above-referenced improvements shall be completed within ninety (90)
calendar days after the occurrence of either of the conditions outlined in
paragraph 2 above, and the failure of the Developer to timely complete said
improvements within the above time period may be considered a default by the
City under the terms of this agreement, and the City may then use said sum
within the improvements escrow for completion of the required improvements.
5. In the event the Developer defaults in making the above-referenced
improvements for which the improvements escrow has been deposited, or in
the event the Developer fails to complete the above-referenced improvements
within the ninety (90) calendar day time period, the City shall have the right,
but not the obligation, to use the improvements escrow to complete the
improvements through contract or otherwise. This includes the specific right
to enter upon the subject property to make the improvements. If the
improvements escrow is not sufficient to allow the City to complete the
required improvements, the Developer shall be required to pay the City the
amount by which the cost of completing the improvements exceeds the
amount of the improvements escrow deposited. Should the City use the
improvements escrow or a portion thereof the complete the required
improvements, any amounts remaining after completion shall be applied first to
the City's administrative costs in completing the improvements, with any
balance remaining being refunded to the Developer. Nothing in this Agreement
shall be construed to impose any requirement on the City to install the original
improvements at issue herein. Further, the remedies outlined in this agreement
are non-exclusive, and shall not be construed to restrict, abridge or limit those
additional remedies available to the City as provided by law.
6. The parties acknowledge and agree that this agreement is being entered into in
consideration of the City's amendment and release of the Original Conditional
Zoning Agreement and Developer's Agreement requirement that the westerly
private driveway connecting the existing Louis household and Foster Road shall
be closed at such time as Norwood C. Louis II and Betty Louis ceased to
occupy the existing single family residence, or the Foster Road widening
project was commenced, whichever occurred first, as recorded in Book __,
Pages , and Book , Pages , respectvely, Johnson County
Recorder's Office. This Limited Release/Escrow Agreement shall not be
construed as a release of any of the original obligations under said Conditional
Zoning Agreement and/or Developer's Agreement or other covenants and
agreements, which obligations shall remain the responsibility of said Developer
and its successors until finally released by the City. Nor shall this Limited
Release/Escrow Agreement in any way alter, amend or modify the Original
Conditional Zoning Agreement and/or Developer's Agreement recorded in the
Johnson County Recorder's Office except as provided in this agreement.
7. The provisions of this Agreement shall inure to the benefit of and bind the
parties, their successors and assigns.
Dated this day of , 2000
CITY OF IOWA CITY, IOWA
BY:
Ernie Lehman, Mayor
Attest:
Marian K. Karr, City Clerk
Approved by:
C~ty A to y 3-.~a-2.dc-fJ
Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243
RESOLUTION NO.
RESOLUTION APPROVING THE FINAL PLAT OF WINDSOR RIDGE, PART FIFTEEN,
JOHNSON COUNTY, IOWA.
WHEREAS, the owner, Arlington, L.C., filed with the City Clerk the final plat of Windsor
Ridge, Part Fifteen, Johnson County, Iowa; and
WHEREAS, said subdivision is located on the following-described real estate in Johnson
County, Iowa, to wit:
A portion of the West One-Half of the Southeast Quarter of Section 7,
Township 79 North, Range 5 West, of the Fifth Principal Meridian, Iowa City,
Johnson County, Iowa, the boundaries of which are described as follows:
Beginning at the Northwest Corner of the Southeast Quarter of Section 7,
Township 79 North, Range 5 West, of the Fifth Principal Meridian; Thence
S89°58'56"E, along the North Line of said Southeast Quarter, 771.89 feet, to
the Northwest Corner of a Plat of Survey in accordance with the Plat thereof
Recorded in Plat Book 15, at Page 53, of the records of the Johnson County
Recorder's Office; Thence SO0°O0'20"W, along the West Line of said Plat of
Survey, 326.03 feet to the Southwest Corner thereof, and a Point on the
West Line of Parcel "A" of a "Boundary Survey and Legal Description" in
accordance with the Plat thereof recorded in Plat Book 30, at Page 48, of the
Records of the Johnson County Recorder's Office; Thence S00°29'10"E,
along said West Line and Southerly projection thereof 1930.37 feet, to a
Point on the Northerly Right-of-Way Line of Court Street; Thence
Southwesterly, 598.90 feet, along said Northerly Right-of-Way Line on a
2926.05 foot radius curve, concave Southeasterly whose 597.85 foot chord
bears S85°33'19"W; Thence S79°41'30"W, 175.21 feet, to a Point on the
West Line of said Southeast Quarter; Thence N00°29'10"W, along said West
Line, 2334.34 feet to the Point of Beginning. Said Tract of Land contains
40.27 Acres, more or less, and is subject to easements and restrictions of
record.
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the proposed final plat and subdivision, and recommended approval;
and
WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and
recommended that said final plat and subdivision be accepted and approved; and
WHEREAS, a dedication has been made to the public, and the subdivision has been made
with the free consent and in accordance with the desires of the owners and proprietors; and
Resolution No.
Page 2
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 and easements as provided by law and
specifically sets aside portions of the dedicated land, namely-streets, as not being
open for public access at the time of recording for public safety reasons.
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.
CITY CLERK
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
ppdadmin/resAvndsrdgel 5.doc
Prepared by: Dan Scott, Public Works. 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144
RESOLUTION NO. 00-125
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON-
TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA
CITY LANDFILL SITE PAVING 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 appreved.
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 25TM day of April, 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
May, 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 4th day of Apri 1 ,20 rift
ATTEST:
C City Attorney's O~ce
~engVes~ite~vg.d~ 3/00
Resolution No. NN-125
Page 2
It was moved by Wi 1 burn and seconded by 0' Donnel 1 the Resolution be
adopted, and upon roll call them were:
AYES: NAYS: ABSENT:
X Champio. n
X Kanner
X Lehman
~ O'Donnell
X Pfab
X Vanderhoef
X Wilbum
Prepared by: Daniel Scott, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5144
RESOLUTION NO. 00-126
RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR
CONSTRUCTION OF THE IOWA CITY LANDFILL RECYCLING PROJECT,
PHASE 2.
WHEREAS, Apex Construction Company of Iowa City, Iowa, has submitted the lowest
responsible bid of $360,000.00 for construction of the above-named project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The contract for the construction of the above-named project is hereby awarded to Apex
Construction Company, subject to the condition that awardee secure adequate
performance and payment bond, insurance certificates, and contract compliance program
statements.
2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for
construction of the above-named project, subject to the condition that awardee secure
adequate performance and payment bond, insurance certificates, and contract compliance
program statements.
Passed and approved this 4th day o_.f Ap~'i ] ,2000.
,,
YOR
CI City Afiorney's Office
pwengVesV~r,d~
4/4/00
Resolution No. 00-3.26
Page 2
It was moved by Pfab and seconded by Champi on the Resolution be
adopted. and upon roll call them were:
AYES: NAYS: ABSENT:
X Champiqn
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilbum
ADVERTISEMENT FOR BIDS
LANDFILL RECYCLING CENTER PROJECT,
PHASE 2
Sealed proposals will be received by the City
Clerk of the City of Iowa City, Iowa, until 2:00 PM
on the 4th- day of April, 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. Sealed proposals will be opened immediately
thereafter by the City Engineer or designee. Bids
submitted by fax machine shall not be deemed a
"sealed bid" for purposes of this Project. Pro°
posals will be acted upon by the City Council at a
meeting to be held in the Council Chambers at
7:00 P.M. on the 4th day of April, 2000, or at such
later time and place as may be scheduled.
The Project will involve the following:
Landfill Recycling Center Project, Phase 2
All work is to be done in stdct compliance with
the plans and specifications prepared by Architect
- John F. Shaw, AIA, of Iowa City, Iowa, which
have heretofore been approved by the City
Council, and are on file for public examination in
the Office of the City Clerk.
Each proposal shall be completed on a form
fumished by the City and must be accompanied in
a sealed envelope, separate from the one
containing the proposal, by a bid bond executed
by a corporation authorized to contract as a surety
in the State of Iowa, in the sum of 10% of the bid.
The bid secudty shall be made payable to the
TREASURER OF THE CITY OF IOWA CITY,
IOWA, and shall be forfeited to the City of Iowa
City in the event the successful bidder fails to
enter into a contract within ten (10) calendar days
of the City Council's award of the contract and
post bond satisfactory to the City ensudng the
faithful performance of the contract and mainte-
nance of said Project, if required, pursuant to the
provisions of this notice and the other contract
documents. Bid bonds of the lowest two or more
bidders may be retained for a period of not to
exceed fifteen (15) calendar days following award
of the contract, or until rejection is made. Other
bid bonds will be returned after the canvass and
tabulation of bids is completed and reported to the
City Council.
The successful bidder will be required to furnish
a bond in an amount equal to one hundred
percent (100%) of the contract price, said bond to
be issued by a responsible surety approved by the
City, and shall guarantee the prompt payment of
all materials and labor, and also protect and save
harmless the City from all claims and damages of
any kind caused directly or indirectly by the
AF-1
t
operation of the contract, and shall also guarantee
the maintenance of the improvement for a pedod
of two (2) year(s) from and after its completion
and formal acceptance by the City.
The following limitations shall apply to this
Project:
Specified Start Date: 1 May 2000
Specified Completion Date: I November 2000
Liquidated Damages: None
The plans, specifications and proposed contract
documents may be examined at the office of the
City Clerk. Copies of said plans and specifications
and form of proposal blanks may be secured at
the Office of Architect - John F. Shaw, AIA, Iowa
City, Iowa, by bona fide bidders.
Bidding Documents may be obtained from the
office of Architect - John F. Shaw, AIA, Iowa City,
Iowa, upon depositing of the sum of fifty dollars
($50.00). This deposit will be refunded upon
return of the Bidding Documents in good condition
within 15 days after receipt of bids.
Prospective bidders are advised that the City of
Iowa City desires to employ minodty contractors
and subcontractors on City projects. A listing of
minority contractors can be obtained from the
Iowa Department of Economic Development at
(515) 242-4721.
Bidders shall list on the Form of Proposal the
names of persons, firms, companies or other
parties with whom the bidder intends to subcon-
tract. This list shall include the type of work and
approximate subcontract amount(s).
The Contractor awarded the contract shall
submit a list on the Form of Agreement of the
proposed subcontractors, together with quantities,
unit prices and extended dollar amounts.
By virtue of statutory authority, preference must
be given to products and provisions grown and
coal produced within the State of Iowa, and to
Iowa domestic labor, to the extent lawfully re-
quired under Iowa Statutes. The Iowa reciprocal
resident bidder preference law applies to this
Project.
The City reserves the right to reject any or all
proposals, and also reserves the right to waive
technicalities and irregularities.
Published upon order of the City Council of Iowa
City, Iowa.
MARlAN K. KARR, CITY CLERK
peng~adrcyc~'.doc
AF-2
Prepared by: Ron Knoche, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5138
RESOLUTION NO. 00-127
RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO A'I'rEST A CONTRACT FOR
CONSTRUCTION OF THE BENTON STREET TURN LANE AND NED ASHTON
MEMORIAL PARK PROJECT.
WHEREAS, Streb Construction Co., Inc. of Iowa City, has submitted the lowest responsible bid of
$171,804.75 for construction of the above-named project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The contract for the construction of the above-named project is hereby awarded to Streb
Construction Co., Inc., subject to the condition that awardee secure adequate
performance and payment bond, insurance certificates, and contract compliance program
statements.
2, The Mayor. is hereby authorized to sign and the City Clerk to attest the contract for
construction of the above-named project, subject to the condition that awardee secure
adequate performance and payment bond, insurance certificates, and contract compliance
program statements.
Passed and approved this 4th day of Ap~.i ] ,20 00
CI City Attorney's Office
pwengVesV, umlane.doc
3/00
Resolution No. 00-127
Page 2
It was moved by. 0'Donnel 1 and seconded by ~hampinn the Resolution be
adopted, and upon roll call them were:
AYES: NAYS: ABSENT:
x Champiqn
X Kanner
X Lehrrfan
X O'Donnell
x Pfab
X Vanderhoef
X Wilbum
City of Iowa City
MEMORANDUM
Date: March 31,2000
To: Steve Atkins, City Manager ~
From: Rick Fosse, City Engineer
Re: Benton Street Turn Lane and Ned Ashton Memorial Park Project
Bids for this project were opened on March 24, 2000. Four bids were received.
The low bidder was Streb Construction Company, Inc. of Iowa City, Iowa, at
$171,804.75. The low bid was 27% over Shoemaker & Haaland's estimate of
$134,560.00. Two of the other three bids were within 1% of the low bid. The
closeness in the bids indicates that this is a fair market value of this work.
The work for the monument seems to be the outlyer for this bid. The bid for the
limestone alone was $13,000.00 above the estimate.
We recommend awarding this project as bid with the intention of working with the
contractor to eliminate some items from the plans. This would eliminate the
supply and installation of the limestone monument, installation of the bridge
beam, installation of some landscaping in the monument area, lighting for the
monument, and some empty conduit for future traffic signal work. The foundation
for the monument would remain as part of the contract.
We recommend rebidding the monument work at a later time. This would allow
for a contractor who is specialized in this work to bid, hopefully resulting in lower
prices.
cc: Chuck Schmadeke
Kevin O'Malley
Terry Trueblood
ADVERTISEMENT FOR BIDS
BENTON STREET TURN LANE &
NED ASHTON MEMORIAL PARK PROJECT
Sealed proposals will be received by the City
Clerk of the City of Iowa City, Iowa, until 10:30
A.M. on the 24th day of March, 2000, and shall
be received in the City Clerk's office no later
than said date and time. Sealed proposals will
be opened immediately thereafter by the City
Engineer. Bids submitted by fax machine shall
not be deemed a "sealed bid' for purposes of
this Project. Proposals will be acted upon by the
City Council at a meeting to be held in the
Council Chambers at 7:00 P.M. on the 4th day
of Apdl, 2000, or at such later time and place as
may be scheduled.
The Project will involve the following:
1. Construction of approximately 420 SY of
PCC pavement for the proposed tum lane
on Benton Street.
2. Construction of approximately 650 LF of 8'
wide PCC trail along Benton Street.
3. Construction of Ned Ashton Memodal
including installation of monument, lighting
and landscaping.
4. Construction of approximately 575 SY of
PCC Pavement for a trail entrance parking
lot.
The work included is cleadng and grubbing,
grading and subgrade compaction, street and
sidewalk removal, storm sewer intakes and
pipes, PCC street, parking lot and sidewalk
pavements, impod earlhen and topsoil material,
granular subbase and longitudinal subdrains,
construction of memorial and amenities,
landscaping, lighting and electrical service,
surface restoration and all related work to
complete the project.
All work is to be done in stdct compliance with
the plans and specifications prepared by
Shoemaker & Haaland Professional Engineers,
of Coralville, Iowa, which have heretofore been
approved by the City Council, and are on file for
public examination in the Office of the City
Clerk.
Each proposal shall be co~npleted on a form
furnished by the City and must be accompanied
in a sealed envelope, separate from the one
containing the proposal, by a bid bond executed
by a corporation authorized to contract as a
surety in the State of Iowa, in the sum of 10% of
the bid. The bid secudty shall be made payable
to the TREASURER OF THE CITY OF IOWA
CITY, IOWA, and shall be forfeited to the City of
Iowa City in the event the su~ful bidder fails
to enter into a contract within ten (10) calendar
days and post bond satisfactory to the City
ensudng the faithful performance of the contract
and maintenance of said Project, ff required,
pursuant to the provisions of this notice and the
other contract documents. Bid bonds of ~e
lowest two or more bidders may be retained for
a period of not to exceed fifteen (15) calendar
days until a contract is awarded, or until rejec-
tion is made. Other bid bonds will be retumed
after the canvass and tabulation of bids is
completed and repoded to the City Council.
The successful bidder will be required Io
fumish a bond in an amount equal to one hun-
dred percent (100%) of the contract pdce, said
bond to be issued by a responsible surety ap-
proved by the City Council, and shall guarantee
the prompt payment of all materials and labor,
and also protect and save harmless the City
from all claims and damages of any kind caused
directly or indirectly by the operation of the
contract, and shall also guarantee the mainte-
nance of the improvement for a pednd of five
(5) year(s) from and after its completion and
formal acceptance by the City.
The following limitations shall apply to this
Project:
Working Days: 66
Specified Start Date: May 1, 2000
Liquidated Damages: $200 per day
The plans, specifications and proposed con-
tract documents may be examined at the office
of the City Clerk. Copies or said plans and
specifications and form of proposal blanks may
be secured at the Office of Shoemaker &
Haaland Professional Engineers of Coralville,
Iowa, by bona fide bidders.
A $70.00 fee is required for each set of plans
and specifications provided to bidders or other
interested persons, $30.00 shall be refunded
after bid when bidders return the plans and
specifications in good condition. The fee shall
be In the form .of a check, made payable to
Shoemaker & Haaland Professional Engineers.
A Pre-bid Conference for prospective bidders
will be held at the Iowa City Civic Center, 410
East Washington Street, Iowa City, Iowa on
Fdday March 17, 2000 at 10:00 a.m. Bidders
are encouraged to attend to meet the design
engineer and city representatives to discuss
project requirements.
Prospective bidders are advised that the City
of Iowa City desires to employ minodty contrac-
tors and subcontractors on City projects.
Bidders shall list on the Form of Proposal the
names of persons, firms. companies or other
parties with whom the bidder intends to subcon-
tract. This list shall include the type of work and
approximate subcontract amount(s).
The Contractor awarded the contract shall
submit a list on the Form of Agreement of the
proposed subcontractors, together with quanti-
ties, unit I:Nices .and extended dollar amounts.
no minority business enteq~ses 0gIBE) are
utilized, the Contractor shall fumish documenta-
tion of all reasonable, good faith efforts to
recruit MBE's.
A listing of minority contractors can be ob-
talned from the Iowa Department of Economic
Development at (515) 2424721.
By virtue of s~atutory authority, preference will
be given to produc~ and provisions grown and
coal produced within the State of Iowa, and to
Iowa domestic labor, to the extent lawfully re-
quired under Iowa Statutes. The Iowa Recipro-
cal Preference Act applies to the contract with
respect to bidders who am not Iowa residents.
The City reserves ~e right to reject any or all
proposals, and also reserves the dght to waive
technicalities and irregularities.
Published upon order of the City Council of
Iowa City, Iowa.
MARlAN K. KARR, CITY CLERK
AF-3
Prepared by: Kumi Morris, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5436
RESOLUTION NO. 00-].28
RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR
CONSTRUCTION OF THE PUBLIC WORKS COMPLEX ADMINISTRATION
BUILDING PROJECT.
WHEREAS, Apex Construction Company of Iowa City, Iowa has submitted the lowest responsible
bid of $730,000 for construction of the above-named project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The contract for the construction of the above-named project is hereby awarded to Apex
Construction Company, subject to the condition that awardee secure adequate
performance and payment bond, insurance cedificates, and contract compliance program
statements.
2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for
construction of the above-named project, subject to the condition that awardee secure
adequate performance and payment bond, insurance certificates, and contract compliance
program statements.
Passed and approved this 4th day of April, 200~~,
MAYOR
rA~.~%y.
ATTEST: ~2 f~- ¢/~'j
C I City Attorney's Office
It was moved by 0'Donnel 1 and seconded by Pfab 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
pweng~res~apex.doc
ADVERTISEMENT FOR BIDS
PUBLIC WORKS COMPLEX
ADMINISTRATION BUILDING PROJECT
Sealed proposals will be received by the City
Clerk of the City of Iowa City, Iowa, until 2:30 P.M.
on the 28TM day of March, 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. Sealed proposals will be opened immediately
thereafter by the City Engineer or designee. Bids
submitted by fax machine shall not be deemed a
"sealed bid" for purposes of this Project. Pro-
posals will be acted upon by the City Council at a
meeting to be held in the Council Chambers at
7:00 P.M. on the 4TM day of April, 2000, or at such
later time and place as may be scheduled.
The Project will involve the following:
The construction of a new Public Works
Complex Administration Building and
associated site work, housing the
administrational offices of streets, traffic
engineering and solid wastes.
All work is to be done in strict compliance with
the plans and specifications prepared by the City
of Iowa City, of Iowa City, Iowa, which have
heretofore been approved by the City Council, and
are on file for public examination in the Office of
the City Clerk.
Each proposal shall be completed on a form
furnished by the City and must be accompanied in
a sealed envelope, separate from the one
containing the proposal, by a bid bond executed
by a corporation authorized to contract as a surety
in the State of Iowa, in the sum of 10% of the bid.
The bid security shall be made payable to the
TREASURER OF THE CITY OF IOWA CITY,
IOWA, and shall be forfeited to the City of Iowa
City in the event the successful bidder fails to
enter into a contract within ten (10) calendar days
and post bond satisfactory to the City ensudng the
faithful performance of the contract and mainte-
nance of said Project, if required, pursuant to the
provisions of this notice and the other contract
documents. Bid bonds of the lowest two or more
bidders may be retained for a period of not to
exceed fifteen (15) calendar days until a contract
is awarded, or until rejection is made. Other bid
bonds will be returned after the canvass and
tabulation of bids is completed and reported to the
City Council.
The successful bidder will be required to furnish
a bond in an amount equal to one hundred
percent (100%) of the contract price, said bond to
be issued by a responsible surety appreved by the
City Council, and shall guarantee the prompt
payment of all materials and labor, and also
protect and save harmless the City from all claims
and damages of any kind caused directly or
indirectly by the operation of the contract, and
shall also guarantee the maintenance of the
improvement for a period of one (1) year from and
after its completion and formal acceptance by the
City.
The following limitations shall apply to this
Project:
Completion Date: June 1, 2001
Specified Start Date: June 1., 2000
Liquidated Damages: $300 per day
The plans, specifications and proposed contract
documents may be examined at the office of the
City Clerk. Copies of said plans and specifications
and form of proposal blanks may be secured at
the Office of Engineering Division, City of Iowa
City, Iowa, by bona fide bidders.
A $50 refundable fee is required for each set of
plans and specifications provided to bidders or
other interested persons. The fee shall be in the
form of a check, made payable to the City of Iowa
City.
Prospective bidders are advised that the City of
Iowa City desires to employ minodty contractors
and subcontractors on City projects.
Bidders shall list on the Form of Proposal the
names of persons, firms, companies or other
parties with whom the bidder intends to subcon-
tract. This list shall include the type of work and
approximate subcontract amount(s).
The Contractor awarded the contract shall
submit a list on the Form of Agreement of the
proposed subcontractors, together with quantities,
unit pdces and extended dollar amounts. If no
minority business enterprises (MBE) are utilized,
the Contractor shall furnish documentation of all
reasonable, good faith'efforts to recruit MBE's.
A listing of minority contractors can be obtained
from the Iowa Department of Economic
Development at (515) 242-4721.
By virtue of statutory authority, preference will be
given to products and provisions grown and coal
produced within the State of Iowa, and to Iowa
domestic labor, to the extent lawfully required
under Iowa Statutes. The Iowa Reciprocal
Preference Act applies to the contract with respect
to bidders who are not Iowa residents.
The City reserves the right to reject any or all
proposals, and also reserves the right to waive
technicalities and irregularities.
Published upon order of the City Council of Iowa
City, Iowa.
MARlAN K. KARR, CITY CLERK
Prepared by: Kim Shera, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5437
RESOLUTION NO. 00-].29
RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO'ATTEST A CONTRACT FOR
CONSTRUCTION OF THE DODGE STREET BRIDGE WATER MAIN PROJECT.
WHEREAS, Maxwell Construction, Inc. of Iowa City, Iowa has submitted the lowest responsible
bid of $57,636.00 for construction of the above-named project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The contract for the construction of the above-named project is hereby awarded to
Maxwell Construction, Inc., subject to the condition that awardee secure adequate
performance and payment bond, insurance certificates, and contract compliance program
statements.
2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for
construction of the above-named project, subject to the condition that awardee secure
adequate performance and payment bond, insurance certificates, and contract compliance
program statements.
Passed and approved this 4th day of April ,20 00
R
City Attorney's Office
pweng~res~naxwell .doc
9/99
Resolution No. t~0-129
Page 2
It was moved by Pfab and seconded by Champ~ on the Resolution be
adopted, and upon roll call them were:
AYES: NAYS: ABSENT:
Champiqn
Kann.er
Lehman
O'Donnell
Pfab
Vanderhoef
Wilbum
ADVERTISEMENT FOR BIDS
DODGE STREET BRIDGE
WATERMAIN PROJECT
CITY OF IOWA CITY
Sealed proposals will be received by the City
Clerk of the City of Iowa City, Iowa, until 2:00 P.M.
on the 28th day of March, 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. Sealed proposals will be opened immediately
thereafter by the City Engineer. Bids submitted by
fax machine shall not be deemed a "sealed bid"
for purposes of this Project. Proposals will be
acted upon by the City Council at a meeting to be
held in the Council Chambers at 7:00 P.M. on the
4th day of Apdl, 2000, or at such later time and
place as may be scheduled.
The Project will involve the following:
321 L.F. of watermain work, including 203
L.F. on bridge.
All work is to be done in strict compliance with
the plans and specifications prepared by NNW,
Inc., of Iowa City, Iowa which have heretofore
been approved by the City Council, and are on file
for public examination in the Office of the City
Clerk.
Each proposal shall be completed on a form
furnished by the City and must be accompanied in
a sealed envelope, separate from the one
containing the proposal, by a bid bond executed
by a corporation authorized to contract as a surety
in the State of Iowa, in the sum of 10% of the bid.
The bid security shall be made payable to the
TREASURER OF THE CITY OF IOWA CITY,
IOWA, and shall be forfeited to the City of Iowa
City in the event the successful bidder fails to
enter into a contract within ten (10) calendar days
and post bond satisfactory to the City insuring the
faithful performance of the contract and mainte-
nance of said Project, if required, pursuant to the
provisions of this notice and the other contract
documents. Bid bonds of the lowest two or more
bidders may be retained for a period of not to
exceed fifteen (15) calendar days until a contract
is awarded, or until rejection is made. Other bid
bonds will be returned after the canvass and
tabulation of bids is completed and reported to the
City Council.
The successful bidder will be required to furnish
a bond in an amount equal to one hundred
percent (100%) of the contract price, said bond to
be issued by a responsible surety approved by the
City Council, and shall guarantee the prompt
payment of all materials and labor, and also
protect and save harmless the City from all claims
and damages of any kind caused directly or
indirectly by the operation of the contract, and
shall also guarantee the maintenance of the
improvement for a period of two (2) year(s) from
and after its completion and formal acceptance by
the City.
The following limitations shall apply to this
Project:
Working Days: 20 days
Specified Start Date: May 1,2000
Liquidated Damages: $300/day
The plans, specifications and proposed contract
documents may be examined at the office of the
City Clerk. Copies of said plans and specifi-
cations and form of proposal blanks may be
secured at the office of the Project Engineer,
NNW, Inc., 316 E. College St., Iowa City, Iowa, by
bona fide bidders.
A $30 non-refundable fee is required for each
set of plans and specifications provided to bidders
or other interested persons. The fee shall be in
the form of a check, made payable to NNW, Inc.
Plans and specifications will be available
Wednesday, March 8, 2000.
Prospective bidders are advised that the City of
Iowa City desires to employ minority contractors
and subcontractors on City projects. A listing of
minority contractors can be obtained from the
Iowa Department of Economic Development at
(515) 242-4721.
Bidders shall list on the Form of Proposal the
names of persons, firms, companies or other
parties with whom the bidder intends to subcon-
tract. This list shall include the type of work and
approximate subcontract amount(s).
The Contractor awarded the contract shall
submit a list on the Form of Contract of the
proposed subcontractors, together with quantities,
unit prices and extended dollar amounts.
By virtue of statutory authority, preference will be
given to products and provisions grown and coal
produced within the State of Iowa, and to Iowa
domestic labor, to the extent lawfully required
under Iowa Statutes. The Iowa reciprocal resident
bidder preference law applies to this Project.
The City reserves the right to reject any or all
proposals, and also reserves the right to waive
technicalities and irregularities.
Published upon order of the City Council of Iowa
City, Iowa:
MARlAN K. KARR, CITY CLERK
pwe.ng~bldaddodg.doc
Prepared by: Kim Shere,, 410 E. Washington St., Iowa City, IA 52240 (319)356-5437
RESOLUTION NO. 00-130
RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR
CONSTRUCTION OF THE IOWA AVENUE STREETSCAPE, PHASE I
PROJECT.
WHEREAS, All American Concrete, Inc., of West Liberty, Iowa has submitted the lowest
responsible bid of $1,098,758.10 for construction of the above-named project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The contract for the construction of the above-named project is hereby awarded to All
American Concrete, Inc., subject to the condition that awardee secure adequate
performance and payment bond, insurance certificates, and contract compliance program
statements.
2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for
construction of the above-named project, subject to the condition that awardee secure
adequate performance and payment bond, insurance certificates, and contract compliance
program statements.
Passed and approved this 4th day of
A rve
City Attorney's Office
pweng~res~allameri.doc
9/99
Resolution No. i~f)-130
Page 2
It was moved by' Champion and seconded by Wi 1 burn the Resolution be
adopted, and upon roll call them were:
AYES: NAYS: AJ3SEN'I':
X Champio, n
X Kann,er
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
x Wilbum
ADVERTISEMENT FOR BIDS
IOWA AVENUE STREETSCAPE -
PHASE I PROJECT
Sealed proposals will be received by the City
Clerk of the City of Iowa City, Iowa, until 2:00 P.M.
on the 28u~ day of March, 2000, or at a later date
and/or tim 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. Sealed proposals will be opened immediately
thereafter by the City Engineer or designee. Bids
submitted by fax machine shall not be deemed a
"sealed bid" for purposes of this Project. Pro-
posals will be acted upon by the City Council at a
meeting to be held in the Council Chambers at
7:00 P.M. on the 4~ day of April. 2000. or at such
later time and place as may be scheduled. The Project will involve the following:
The proposed project includes construction of
Portland cement concrete street paving, Portland
cement concrete sidewalk paving, together with
necessary grading; construction of storm sewers,
sanitary sewer, water main; construction of street
light bases and related wiring, and related work on
Iowa Avenue and Beer Creek Sewer in Iowa City,
Iowa.
Major bid items include approximately 4,425 S.Y.
of 8oinch P.C.C. pavement, 19.000 S.F. of 6-inch
sidewalk P.C.C. pavement, 1755 S.F. of concrete
pavers, 488 L.F. of 48-inch R.C.P. storm sewer,
522 L.F. of sanitary sewer. 4 manhole structures,
6 intake structures, 691 L.F. of water main, 10
Decorative lights, footings and bases, and 60 tree
grates.
All work is to be done in strict compliance with
the plans and specffications prepared by Bdan
Clark and Associates of Des Moines, Iowa. which
have heretofore been approved by the City
Council, and are on file for public examination in
the Office of the City Clerk.
Each proposal shall be completed on a form
furnished by the City and must be accompanied in
a sealed envelope, separate from the one
containing the proposal, by a bid bend executed
by a corporation authorized to contract as a surety
in the State of Iowa, in the sum of 10% of the bid.
The bid security shall be made payable to the
TREASURER OF THE CITY OF IOWA CITY,
IOWA, and shall be forfeited to the City of Iowa
City in the event the successful bidder fails to
enter into a contract within ten (10) calendar days
of the City Council's award of the contract and
post bond satisfactory to the City ensuring the
faithful performance of the contract and mainte-
nance of said Project, if required, pursuant to the
provisions of this notice and the other contract
documents. Bid bonds of the lowest two or more
bidders may be retained for a pedod of not to
exceed fifteen (15) calendar days following award
of the contra~ or until rejection is made. Other
bid bonds will be retumed after the canvass and
tabulation of bids is completed and reported to the
City Council.
The successful bidder will be required to fumish
a bond in an amount equal to one hundred
percent (100%) of the contract pdce, said bond to
be issued by a responsible surety approved by
the City, and shall guarantee the prompt payment
of all materials and labor, and also protect and
save harmless the City from all claims and
damages of any kind caused directly or indirectly
by the operation of the contract, and shall also
guarantee the maintenance of the improvement
for a peded of five (5) year(s) from and after its
completion and formal acceptance by the City.
The following limitations shall apply to this
Project:
Total Project Working Days: 70
Phase 1, 2, 3 Working Days: 32
Gilbert Street Closing Working Days: 12
Specified Start Date: May 15, 2000
Liquidated Damages / Incentive:
Total Project: $500 per day
Phase 1, 2, 3:$250 per day
Gilbert Street Closing: $500 per day
The plans, specifications and proposed contract
documents may be examined at the office of the
City Clerk. Copies of said plans and specifications
and form of proposal blanks may be secured at
the Office of City of Iowa City, Engineering
Department, Iowa, by bona fide bidders.
A $50 non-refundable fee is required for each set
of plans and specifications provided to bidders or
other interested persons. The fee shall be in the
form of a check, made payable to City of Iowa
City.
Prospective bidders are advised that the City of
Iowa City desires to employ minodty contractors
and subcontractors on City projects. A listing of
minodty contractors can be obtained from the
Iowa Department of Economic Development at
(515) 242-4721.
Bidders shall list on the Form of Proposal the
names of persons, firms, companies or other
parties with whom the bidder intends to subcon-
tract. This list shall include the type of work and
approximate subcontract amount(s).
The Contractor awarded the contract shall
submit a list on the Form of Agreement of the
proposed subcontractors, together with quantities,
unit pdces and extended dollar amounts.
By virtue of statutory authority, preference must
be given to products and provisions grown and
coal produced within the State of Iowa, and to
Iowa domestic labor, to the extent lawfully re-
quired under Iowa Statutes. The Iowa reciprocal
resident bidder preference law applies to this
Project.
The City reserves the dght to reject any or all
proposals, and also reserves the dght to waive
technicalities and irregularities.
Published upon order of the City Council of Iowa
City, Iowa.
MARlAN K. KARR, CITY CLERK
Prepared by: Erin Herting, Controller, 410 E. Washington St., Iowa City, IA 52240; 319-356-5085
RESOLUTION NO. 00-131
RESOLUTION CFRTIFYING UNPAID MOWING AND 'CLEAN-UP OF
PROPERTY CHARGES, SNOW REMOVAL CHARGES, SIDEWALK REPAIR
CHARGES AND STOP BOX REPAIR CHARGES TO JOHNSON COUNTY FOR
COLLECTION IN THE SAME MANNER AS A PROPERTY TAX.
WHEREAS, Sections 364.12 of the Code of Iowa provides that the City Council may certify unpaid
mowing and clean-up of property charges, snow removal charges, sidewalk repair charges and
stop box repair charges to Johnson County, for collection in the same manner as a property tax;
and
WHEREAS, there exist unpaid mowing and clean-up of property charges, snow removal charges,
sidewalk repair charges and stop box repair charges for the owners and properties, and in the
amounts specified in Exhibit A, attached to this Resolution and by this reference made a part
hereof; and
WHEREAS, the Council finds that the property owners have received a written notice of the date
and time for the City Council's consideration of this resolution, at which time the property owners
may appear before the Council and be heard concerning the unpaid charges.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
That the City Clerk is hereby authorized to certify to Johnson County, Iowa, for collection in the
same manner as a property tax, unpaid mowing and clean-up of property charges, snow removal
charges, sidewalk repair charges and stop box repair charges as stated in Exhibit A attached.
Passed and approved this 4th day of Apf-i ] ,2000.
MAYOR
City Attorney's Office
anNar/cleanupOO.doc
Resolution No. 00-133.
Page 2
It was moved by Pfab and seconded by Champi on the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X ChampiOn
X Kann. er
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilbum
REVISED 3/31/00 12:36 PM
EXHIBIT A
MOWING AND CLEAN-UP OF PROPERTY
Sections 6-1-2A-C, 6-1-4A, B, 6-3, City Code
Section 364.12 (3), Code of Iowa (1999)
PROPERTY OWNER: Dale A. and Jeanne E. Deines
PROPERTY OWNER'S ADDRESS: 2160 Hendersonville Rd, Arden, NC 28704
PROPERTY: 656 S. Governor Street
LEGAL DESCRIPTION: Sirohms Add S 40' Lot 9 Blk 2
PARCEL NUMBER: 10-15-177-006
CHARGES: Mowing- 7-1-99 $62.50
10-11-99 $639.25
$701.75
PROPERTY OWNER: Laurance Goodwin, Robert William & Ellinor Goodwin Green Trust
PROPERTY OWNER'S ADDRESS: 4545 Freund Rd SE, Iowa City, IA 52240
PROPERTY: 414 S Madison
LEGAL DESCRIPTION: N 40' of Lot 7 Blk 3 County Seat Addition
PARCEL NUMBER: 10-15-226-003
CHARGES: Mowing - $68.75
PROPERTY OWNER: Laurance Goodwin, Robert William & Ellinor Goodwin Green Trust
PROPERTY OWNER'S ADDRESS: 4545 Freund Rd SE, Iowa City, IA 52240
PROPERTY: 416 S Madison Street
LEGAL DESCRIPTION: S 40' of Lot 7 Blk 3 County Seat Addition
PARCEL NUMBER: 10-15-226-002
CHARGES: Mowing - $68.75
1
PROPERTY OWNER: Laurance Goodwin, Robert William & E!linor Goodwin Green Trust
PROPERTY OWNER'S ADDRESS: 4545 Freund Rd SE, Iowa City, IA 52240
PROPERTY: 416 S Madison Street
LEGAL DESCRIPTION: S 40' of Lot 7Blk 3 County Seat Addition
PARCEL NUMBER: 10-15-226-002
CHARGES: Property cleanup - $121.00
PROPERTY OWNER: Harry Hinckley
PROPERTY OWNER'S ADDRESS: 886 Park Place, Iowa City, IA 52246
PROPERTY: 326 Fairchild Street
LEGAL DESCRIPTION: Original Town of Iowa City W 40' ors 70' Lot 8 Blk 55
PARCEL NUMBER: 10-10-155-004
CHARGES: Property clean-up - $137.00
PROPERTY OWNER: Roger Larson
PROPERTY OWNER'S ADDRESS: 802 S. Clinton St., Iowa City, IA 52240
PROPERTY: 802 S. Clinton Street
LEGAL DESCRIPTION: County Seat Addition N 55' of W 85' Lot 8Blk27 & S 25' of W 85 feet Lot 8
Blk 27 & N 10' of W 85' Lot 7Blk 27
PARCEL NUMBER: 10-15-281-013
CHARGES: Mowing - $452.85
CONTRACT PURCHASER: Mary Lea
CONTRACT PURCHASER'S ADDRESS: 426 Bayard St., Iowa City, IA 52240
LEGAL TITLE HOLDER: Lewis Investments Inc.
LEGAL TITLE HOLDER' S ADDRESS: C/O Marty Diaz, 528 S. Clinton St., Iowa City, IA 52240
PROPERTY: 426 Bayard Street
LEGAL DESCRIPTION: Lot 7 & 8 Blk 12 Manville Addition
PARCEL NUMBER: 10-09-151-008
CHARGES: Weed removal - $168.85
2
PROPERTY OWNER: Charles Jeffrey Morgan
PROPERTY OWNER'S ADDRESS: 2923 Cornell Avenue, Iowa City, IA 52245
PROPERTY: 2923 Cornell Avenue
LEGAL DESCRIPTION: Oak Woods Addition Part 1 Lot 25D
PARCEL NUMBER: 10-12-462-009
CHARGES: Property dean-up - $130.00
PROPERTY OWNER: Bruce L. and Mary E. Vrchoticky
PROPERTY OWNER'S ADDRESS: 3423 Court Street, Iowa City, IA 52245
PROPERTY: 60 Amber Lane
LEGAL DESCRIPTION: Lakeside Addition Lot 54
PARCEL NUMBER: 10-23-409-003
CHARGES: Mowing ~ $37.50
CONTRACT PURCHASER: Doug Woods
CONTRACT PURCHASER'S ADDRESS: 529 College Street, Iowa City, IA 52240
LEGAL TITLE HOLDER: Matthew Spinelli
LEGAL TITLE HOLDER'S ADDRESS: unknown
PROPERTY: 405 Reno Street
LEGAL DESCRIPTION: Woods Addition S ¼ of Lot 5 Blk 3
PARCEL NUMBER: 10-11-256-011
CHARGES: Weed removal - $68.75
SNOW REMOVAL
Sections 14-1A-SA, B, City Code
&
Sections 364.12 (2) (b) and (c) and 364.12 (3), Code of Iowa (1999)
PROPERTY OWNER: Ahn N. and Khaled J. Habib
PROPERTY OWNER'S ADDRESS: PO Box 223, Iowa City, IA 52244
PROPERTY: 1 Regal Lane
LEGAL DESCRIPTION: Lakeside Addition Lot 82
PARCEL NUMBER: 10-23-408-002
CHARGES: Snow removal - $57.50
PROPERTY OWNER: Margaret L. ToeIt
PROPERTY OWNER'S ADDRESS: % Virgil Pollard, 78 Holiday Lodge Rd, North L~erty, IA, 523 17
PROPERTY: 925 Washington Street
LEGAL DESCRIPTION: W 55' ore 113' of N 100' of Outlot 3, Iowa City OutloB
PARCEL NUMBER: 10-10-480-002
CHARGES: Snow removal - $101.75
CONTRACT PURCHASER: Doug Woods
CONTRACT PURCHASER'S ADDRESS: 529 College Street, Iowa City, IA 52240
LEGAL TITLE HOLDER: Matthew Spinelli
LEGAL TITLE HOLDER'S ADDRESS: unknown
PROPERTY: 405 Reno Street
LEGAL DESCRIPTION: Woods Addition S ¼ of Lot 5 Blk 3
PARCEL NUMBER: 10-11-256-011
CHARGES: Snow removal - $87.00
4
SIDEWALK REPAIR
Section 14 -1C - 3(C) and 14 - 1A - 6, City Code
&
Section 364.12 (2) (d) and (e) Code of Iowa (1997)
PROPERTY OWNER: Marilyn J. Degeus
PROPERTY OWNER'S ADDRESS: 711 Westgate Street, Iowa City, IA 52246
PROPERTY: 709-711 Westgate Street
LEGAL DESCRIPTION: Westgatc Subdivision Lot 73
PARCEL NUMBER: 10-17-155-015
CHARGES: Sidewalk repair - $243.00
PROPERTY OWNER: Irene Neubauer
PROPERTY OWNER'S ADDRESS: 1902 Kathlin Drive, Iowa City, IA 52246
PROPERTY: 1902 gLathlin Drive
LEGAL DESCRIPTION: Penny Bryn Addition Part 2 Lot 28
PARCEL NUMBER: 10-17-429-001
CHARGES: Sidewalk repair - $216.00
PROPERTY OWNER: Joseph S. and Becky Parrish
PROPERTY OWNER'S ADDRESS: 711 Wheaton Road, Iowa City, IA 52246
PROPERTY: 711 Whcaton Road
LEGAL DESCRIPTION: Westgate Subdivision Lot 41
PARCEL NUMBI~R: 10-17-154-013
CHARGES: Sidewalk repair - $108.00
STOP BOX REPAIR
Section 14-3C-3(B)(5) City Code
&
Section 364.12(2) (c) and (e) Code of Iowa, 1999
PROPERTY OWNER: Shawn C. & Miehele L. Countryman
PROPERTY OWNER'S ADDRESS: 2854 Sterling Drive, Iowa City, IA 52240
PROPERTY: 2854 Sterling Drive
LEGAL DESCRIPTION: Village Green South Part 2 Lot 101
PARCEL NUMBER: 10-24-127-007
CHARGES: stop box repair - $150.00
PROPERTY OWNER: James R. Reemtsma
PROPERTY OWNER'S ADDRESS: 218 W 5t~ Street, Davenport, IA 52801
PROPERTY: 528 E. College Street
LEGAL DESCRIPTION: S 75.5' Lot 8 Blk 41 & E 2.42' of S 75' of Lot 7Blk 41 Original Town of Iowa
City
PARCEL NUMBER: 10-10-454-011
CHARGES: stop box repair - $75.96
PROPERTY OWNER: Scott Ronny Tomer
PROPERTY OWNER'S ADDRESS: 319 N. VanBuren Street, Iowa City, IA 52240
PROPERTY: 319 N. Van Buren Street
LEGAL DESCRIPTION: S 35' of Lot 1 Blk 48 Original Town of Iowa City
PARCEL NUMBER: 10-10-162-004
CHARGES: stop box repair - $250.00
STOP BOX REPAIR
Section 14-3C-3(B)(5) City Code
&
Section 364.12(2) (c) and (e) Code of Iowa, 1999
PROPERTY OWNER: Shawn C, & Michele L, Countryman
PROPERTY ADDRESS: 2854 Sterling Drive, Iowa City, IA 52240
PROPERTY: 2854 Drive
LEGAL Village Green South Part 2 Lot 101
PARCEL NUMBER: 127-007 /
CHARGES: stop box repair - 50.00
PROPERTY OWNER: Reemtsma
PROPERTY OWNER'S ADDRESS: Davenport, IA 52801
PROPERTY: 528 E. College Street
LEGAL DESCRIPTION: S 75.5' Lot 8 B & E 2.42' of S 75' of Lot 7Blk 41 Original Town of Iowa
City
PARCEL NUMBER: 10-10-454-011
CHARGES: stop box repair ~ $75.96
PROPERTY OWNER: Scott onny Tomer
' : . , ', 52240
PROPERTY OWNER S ADD Van Bur n Street Iowa C~ty IA
PROPERTY: 319 N. Van Bure: ~ Street
5 t 1 B wn of Iowa C~ty
1
CHARGES: stop box repair - $250.00
PROPER .WNER: Gloria S, alsh
PROPERTY OWNER'S S . 930 Iowa Avenue, Iowa City, IA 52240
PROPER :
LEGAL DESCRIPTION: 928 -ComllO WofSECorOL4;W35';N137.9';Ealong
creek to Pt N 125.2' to Beg, Iowa City OutloB
930 Iowa 86.5' W of SECor of OL 4 W 24' N 125.2' E along
creek to Pt 160' S 160' to Beg OT, Iowa City Outlots
PARCEL NUMBER: 928 Iowa Avenue
930 Iowa Avenue |08-014
CHARGES: stop box repair - $502.50 928 Iowa Avenue -
930 Iowa Avenue -: !51.25
7
LEGAL DESCRIPTION: 928 Iowa Avenue -Com 110.5' W of SE Cor OL 4; W 35'; N 137.9'; E along
creek to Pt 125.2' N of Beg; S 125.2' to Beg, Iowa City Outlots
930 Iowa Av ue - Beg 86.5' W of SE Cor of OL 4 W 24' N 125.2' E along
creek to Pt 160 N of Beg S 160' to Beg OT, Iowa Outlots
PARCEL NUMBER: 928 Iowa Avenue - 1 10-408-012
930 Iowa Avenue - 10- 0-408-014
CHARGES: stop box repair - $502.50 928 Iowa Avenue - $251.25
930 Iowa Avenue - $251.25
PARCEL NUMBER: 10-24-127-007
: · _ .
CHARGES stop box repmr $150 00
7
AR\LIEN00.DOC
March 27, 2000
EXHIBIT A
MOWING AND CLEAN-UP OF PROPERTY
Sections 6-1-2A-C, 6-1-4A, B, 6-3, City Code
&
Section 364.12 (3), Code of Iowa (1999)
/
/
PROPERTY OWNER: A. and Jeanne E. Deines / /
PROPERTY OWNER'S iSS: 2160 Hendersonville Rd, NC 28704
PROPERTY: 656 S. Governor
LEGAL DESCRIPTION: Strohms S 40' Lot 9 Blk 2
PARCEL NUMBER: 10-15-177-006
CHARGES: Mowing- 7-1-99
10-11-99
PROPERTY OWNER: Laurance Goodwi bert William & Ellinor Goodwin Green Trust
PROPERTY OWNER'S ADDRESS: 4545 d SE, Iowa City, IA 52240
PROPERTY: 414 S Madison
LEGAL DESCRIPTION: N 40' of L at Addition
PARCEL NUMBER: 10-15-226-0
CHARGES: Mowing - $68.75
PROPERTY OWNER: Lau Ellinor Goodwin Green Trust
PROPERTY OWNER'S AD , IA 52240
: ·
PROPERTY 416 S Ma&s
LEGAL DESCRIPTION: ~0' of Lot 7 Blk 3 County Seat Addition
PARCEL NUMBER: 10-15-226-002
CHARGES: Mowing - $68.75
PROPERTY OWNER: Laurance Goodwin, Robert William & Ellinor Goodwin Green Trust
PROPERTY OWNER'S ADDRES~ 4545 Freund Rd SE, Iowa City, IA 52240
PROPERTY: 416 S Madison Stree'
LEGAL DESCRIPTION: S 40' 7 Blk 3 County Seat Addition
PARCEL NUMBER: 10-15-226-002
CHARGES: Property cleanup - $121.00
PROPERTY OWNER: Harry
PROPERTY OWNER'S ADDRESS: 886 Iowa IA 52246
PROPERTY: 326 Fairchild Street
LEGAL DESCRIPTION: Original Town of Iowa C of S 70' Lot 8 Blk 55
PARCEL NUMBER: 10-10-155-004
CHARGES: Property clean-up - $137.00
PROPERTY OWNER: Roger Larson
PROPERTY OWNER'S ADDRESS: 802 S. ~ St., Iowl IA 52240
PROPERTY: 802 S. Clinton Street
LEGAL DESCRIPTION: County Seat N 55' of W 85 8 Blk 27 & S 25' of W 85 feet Lot 8
Blk 27 & N 10' of 85' Lot 7 Blk 2
PARCEL NLrMBER: 10-15-281-013
CHARGES: Mowing - $452.85
CONTRACT PURCHASER: Mary Leg
CONTRACT PURCHASER'S ADDRESS: 426 Bayard St., Iowa City, 52240
LEGAL TITLE HOLDER: Lewis Investments Inc.
LEGAL TITLE HOLDER'S ADDRESS: C/O Marty Diaz, 528 S. Clinton St., Iowa City, IA 52240
PROPERTY: 426 Bayard Street
LEGAL DESCRIPTION: Lot 7 & 8 Blk 12 Manville Addition
PARCEL NUMBER: 10-09-151-008
2
CHARGES: Weed removal - $168.85
PROPERTY OWNER: Charles Jeffrey Morgan
PROPERTY OWNER'S 2923 Cornell Avenue, Iowa City, IA
PROPERTY: 2923 Cornell Avenue
LEGAL DESCRIPTION: Oak Woods 1 Lot 25D
PARCEL NUMBER: 10-12-462-009
CHARGES: Property clean-up - $130.00
PROPERTY OWNER: Bruce L. and E. Vrchotic]
PROPERTY OWNER'S ADDRESS: 3423 Court ~ ,, IA 52245
PROPERTY: 60 Amber Lane
LEGAL DESCRIPTION: Lakeside Addition Lot 54
PARCEL NUMBER: 10-23-409-003
CHARGES: Mowing - $37.50
PROPERTY OWNER: Robert L. Williams
PROPERTY OWNER'S ADDRESS: 15 Regal Iowa 52240
PROPERTY: 2231 Davis Street
LEGAL DESCRIPTION: Hollywood Manor ~ 5 Lot 281
PARCEL NUMBER: 10-23-261-005
CHARGES: Property clean-up - $105.00
CONTRACT PURCHASER: Dou'
CONTRACT PURCHASER'S ADDRESS: 529 College Street, Iowa City, IA 5'2240
LEGAL TITLE HOLDER: Matthew Spinelli
LEGAL TITLE HOLDER'S ADDRESS: unknown
PROPERTY: 405 Reno Street
LEGAL DESCRIPTION: Woods Addition S ~/2 of Lot 5 Blk 3
PARCEL NUMBER: 10-11-256-011
3
CHARGES: Weed removal - $68.75
' OW REMOVAL
14-1A-8A, B, City Code
/'
& /
Sections 364.12 (2) (b) and 364.12 (3), Code of lowa/(i 999)
PROPERTY OWNER: Ahn N. and
PROPERTY OWNER'S ADDRESS: PO Box 223, IA
PROPERTY: 1 Regal Lane
LEGAL DESCRIPTION: Lakeside Addition Lot 82
PARCEL NUMBER: 10-23-408-002
CHARGES: Snow removal - $57.50
PROPERTY OWNER: Margaret L. Toch
PROPERTY OWNER'S ADDRESS: % Virgil Pollard, 8 Lodge Rd, North Liberty, IA, 52317
PARCEL NUMBER: 10-10-480-002
CHARGES: Snow removal - $101.75
Street, Iowa Ci IA 52240
n .
known
PROPERTY: 405 Reno Street
LEGAL DESCRIPTION: Woods Addition S~A of Lot 5 Blk 3
PARCEL NUMBER: 10-11-256-011 ~
CHARGES: Snow removal - $87.00
4
SIDEWALK REPAIR
Section 14 -1C - 3(C) and 14 - 1A - 6, City Code
&
Section (d) and (e) Code of Iowa (1997)
PROPERTY OWNER: Marilyn J legeus //
PROPERTY OWNER'S ADDRESS: 711 Iowa City, IA 5224(
PROPERTY: 709-711 Westgate Street
LEGAL DESCRIPTION: Westgate ~ot 73
PARCEL NUMBER: 10-17-155-015
CHARGES: Sidewalk repair - $243.00
PROPERTY OWNER: Irene Neubauer
PROPERTY OWNER'S ADDRESS: 1902 Kathlin Drive. IA 52246
PROPERTY: 1902 Kathlin Drive
LEGAL DESCRIPTION: Penny Bryn Addition
PARCEL NLrMBER: 10-17-429-001
CHARGES: Sidewalk repair - $216.00
PROPERTY OWNER: Joseph S. Parrish
PROPERTY OWNER'S ADDRESS: 711 Iowa City., IA 52246
PROPERTY: 711 Wheaton Road
LEGAL DESCRIPTION: Westgate S~ 41
PARCEL NUMBER: 10-17-154-013 1
CHARGES: Sidewalk repair - $108.( 0
STOP BOX REPAIR
~ection 14-3C-3(B)(5) City Code
SectionS4.12(2) (c) an~ (e) Code of Iowa, 1999
PROPERTY OWNER: Shawn C. & ichele L. Countryman
PROPERTY OWNER'S ADDRESS: 2854 St ling Drive, Iowa City, IA :40
PARCEL NUMBER: 10-24-127-007
CHARGES: stop box repair - $150.00
PROPERTY OWNER: James R. Reemtsma
PROPERTY OWNER'S ADDRESS: 218 W 5th Street, IA 52801
PROPERTY: 528 E. College Street
LEGAL DESCRIPTION: S 75.5' Lot 8 Blk 41 & E of S 7. of Lot 7 Blk 41 Original Town of Iowa
City
PARCEL NUMBER: 10-10-454-011
CHARGES: stop box repair - $75.96
PROPERTY OWNER: Scott Ronny T
PROPERTY OWNER'S ADDRESS: Van Buren Street, Iowa City, 52240
PROPERTY: 319 N. Van Buren Street
LEGAL DESCRIPTION: S 35' of Lot 1 48 Original Town of Iowa City
PROPERTY OWNER: Gloria S. Walsh
PROPERTY OWNER'S ADDRESS: 930 Iowa Avenue, Iowa City, IA 52240
PROPERTY: 928 Iowa Avenue and 930 Iowa Avenue
6
Prepared by: Kim Shera, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5437
RESOLUTION NO. 00-132
RESOLUTION AUTHORIZING MAILING AND PUBLICATION OF NOTICE OF
INTENT TO COMMENCE PUBLIC IMPROVEMENT PROJECT TO CONSTRUCT
THE FOSTER ROAD GRADING AND WATER MAIN 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 governmental
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 Foster Road Grading and Water Main Project, which includes grading, sanitary sewer, water
main, and storm sewer construction from Dubuque Street to Prairie du Chien Road, which project
is to be known as the Foster Road Grading and Water Main Project; 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
property interests for the project; and
b. Adopt a resolution declaring its intent to proceed with said project and authorizing the
acquisition of property interests required for the project by negotiation or condemnat[on.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF iOWA
CITY, IOWA, THAT:
1. Documentation showing the proposed location of the Foster Road Grading and Water Main
Project shall be placed on file in the office of the City Clerk and made available for public
viewing.
2. A public hearing on the City's intent to proceed with the Foster Road Grading and Water Main
Project and to acquire property rights therefore is to be held on the 16t~ day of May, 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.
4. The Department of Public Works 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
t
Resolution No. 00-:132
Page 2
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 4th day of Apri] ,20 OO
City Attorney's Office
It was moved by Pfab and seconded by 0' Donne'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
X Wilburn
pweng/masterUToster3.doc
NOTICE OF INTENT TO COMMENCE A PUBLIC IMPROVEMENT PROJECT
AND TO ACQUIRE PROPERTY RIGHTS WHICH MAY BE NEEDED FOR THE FOSTER
ROAD GRADING AND WATER MAIN PROJECT
TO: Steven &Kitty Highly Charles Alberhasky
1823 Prairie du Chien Road 227 Elizabeth Street
Iowa City, IA 52245 Iowa City, IA 52245
Charles Bartholomew Daniel Alberhasky
1805 Prairie du Chien Road 300 B'jaysville
Iowa City, IA 52245 Iowa City, IA 52245
Washington Park Partners Raymond Alberhasky
PO Box 2208 4756 Dingleberry Road NE
Iowa City, IA 52244-2208 Iowa City~ IA '52240
William J. II & Lynette A. Lancial Peter & Patricia Van Gerpen
1824 N. Dubuque Street 1546 Priaire du Chien Road
Iowa City, IA 52245 Iowa City, IA 52245
Gary &Judith Calhoun Kathleen Reichert
1832 N. Dubuque Street 459 250t~ Street
Iowa City, IA 52240 West Branch, IA 52358-9801
David Lee Alberhasky
528 Davenport Street
Iowa City, IA 52245
Under the provisions of House File 476, enacted by the General Assembly and signed by the
Governor during the 1999 Legislative Session, 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. (See new Sections 6B.2A and 6B.2B of the Iowa Code)
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 install water
main, sanitary sewer and storm sewer, and grading of a proposed roadway from Dubuque
Street to Prairie du Chien Road, which project is to be known as the Foster Road Grading
and Water Main Project.
Property rights acquired for the project will be used for: · Establishment of road right-of-way
· Installation of water main
· Construction of storm sewer and sanitary sewer
· Grading of proposed roadway
· Temporary storage of construction materials and equipment
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 temporary
construction easement, a permanent easement, and/or a fee simple parcel (complete
ownership). 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
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 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 has reached the point where preliminary design 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 '16th day of May, 2000 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 this project and commence the acquisition of property rights for the project, the
City Council will be required to approve the project and authorize acquisition of private
property rights by Council resolution. The City Council is scheduled to consider adoption of a
resolution of the City's intent to proceed with this 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 easements and/or property acquired in fee
simple. 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 above-described project was identified for construction as part of the Capital
Improvement Program approved by the City Council on March 7, 2000 pursuant to
Resolution No. 00-84. The project is currently scheduled for construction in the 2000
construction season.
5. THIS NOTICE IS FOR INFORMATION ONLY AND IS NOT AN OFFER TO
PURCHASE PROPERTY RIGHTS.
The City Council of the City of Iowa City, Iowa has not yet determined to undertake this
project or to acquire property rights for the project. This Notice does not constitute an offer to
purchase property rights.
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 DroDertV. (Iowa Oode ~.6 6B.45, 6854)
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)
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 Code §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 right 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))
I. 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
Prepared by: Dennis Mitchell, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 00-133
RESOLUTION OF INTENT TO APPROVE A PURCHASE AGREEMENT BETWEEN THE
CITY OF IOWA CITY AND GREG AND BETH VAN DUSSELDORP FOR .77 ACRES OF
PROPERTY LOCATED ADJACENT TO 4387 KOUNTRY LANE, SE AND TO DISPOSE
OF SAID PROPERTY IN ACCORDANCE THEREWITH, AND .SETTING A PUBLIC
HEARING FOR APRIL 18, 2000.
WHEREAS, the South Sycamore Regional Greenspace and Stormwater Project requires the
acquisition of a portion of the property owned by Greg and Beth Van Dusseldorp at 4387
Kountry Lane, SE; and
WHEREAS, the City recently took possession a .77 acre parcel of property directly adjacent to
4387 Kountry Lane; and
WHEREAS, the City and the Van Dusseldorps are negotiating an agreement whereby the Van
Dusseldorps would convey to the City the property interests the City needs for the South
Sycamore Regional Greenspace and Stormwater Project in exchange for the City conveying to
the Van Dusseldorps the .77 acre of parcel of property; and
WHEREAS,it is anticipated that the terms of said agreement will be finalized in time for proper
notice of a public hearing thereon for April 18, 2000.
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 a purchase agreement between
the City of Iowa City and Greg and Beth Van Dusseldorp for a .77 acre parcel of property
located adjacent to 4387 Kountry Lane, SE, Iowa City, Johnson County, Iowa, and to
dispose of the property in accordance with that agreement.
2. A public hearing on said proposal should be and is hereby set for April18, 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. The City Clerk is hereby directed to cause notice of the public
hearing to be published as provided by law.
Passed and approved this 4th day of Apri 1 9 ,2000.
ATTEST:CiT~I<,~R~.) 7/f/, 2/f/~ .
City Attorney's Office
Resolution No. ~0-133
Page 2
It was moved by Pfab and seconded by W~ 1 bur'n the Resolution be
adopted. and upon roll call them were:
AYES: NAYS: ABSENT:
X Champio. n
X Kanner
X Lehman
x O'Donnell
X Pl'ab
X Vanderhoef
X Wilbum