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HomeMy WebLinkAbout2006-01-23 Resolution ~~ D:rJ Prepared by: Marian K. KaIT, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 06-17 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his/her filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, having a valid beer, liquor, or wine license/permit, to wit: Quality Inn & Suites, Highlander Conference Center 2545 N.Dodge Street Passed and approved this 23rd day of Januarv ,20 06 ~ G-J~ MAYOR ATTEST: ~ ,r ~ CIT CLERK Approved by ~~ \_ ~-Ol,.. City Attorney's Office It was moved by Champion and seconded by Resolution be adopted, and upon roll call there were: Bailev the AYES: ~ x X ----X- X x -X- NAYS: ABSENT: _ Bailey _ Champion Correia Elliott O'Donnell Vanderhoef Wilburn M~ IJ:D Prepared by: Eric Goers, Assistant City Attorney, 410 E. Washington St., iowa City, tA 52240 (319) 356-5030 RESOLUTION NO. 06-18 RESOLUTION SETTING A PUBLIC HEARING FOR FEBRUARY 13, 2006, REGARDING THE INTENT TO ENTER INTO A LEASE AGREEMENT WITH LEADING EDGE ENTERPRISES, L.L.C. D/B/A NEW YORK NY DELI FOR THE LEASE OF THE GROUND FLOOR COMMERCIAL SPACE IN THE IOWA CITY PUBLIC LIBRARY BUILDING. WHEREAS, the Iowa City Public Library Building contains commercial space being marketed for lease for commercial use; and WHEREAS, the Library Director has negotiated a lease agreement with Leading Edge Enterprises, L.L.C. d/b/a New York NY Deli for the ground floor Commercial space for a term of five (5) years with three 3-year renewable options; and WHEREAS, the lease of said commercial space is in the public interest. 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 enter into the above-referenced lease agreement. 2. A public hearing on said proposed lease agreement should be and is hereby set for February 13, 2006 at 7:00 p.m. in the Emma J. Harvat Hall at City Hall, 410 E. Washington St., 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 Public Hearing to be published as provided by law. Passed and approved this 23rd day of January , 20...QL. ~W~1- MAYOR ATTEST: ~)(. ~~ CI LERK .AP,Wved by r / .L- -V 1/ ('6/0" City Attorney's Office Annielforms\resofintenttoapprove.doc Resolution No. Page 2 06-18 It was moved by r.n~mp; nn and seconded by adopted. and upon roll call there were: AYES: NAYS: x x x x " x x ABSENT: Bailey the Resolution be Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn M+t~ I::[] Prepared by: Steven J. Rackis, ICHA Administrator 410 E. Washington St., Iowa City, IA 52240; 319-887.{l065 RESOLUTION NO. 06-19 RESOLUTION SETTING A PUBLIC HEARING FOR MARCH 21, 2006 ON THE IOWA CITY HOUSING AUTHORITY'S STREAMLINED ANNUAL PLAN FOR FISCAL YEAR 2006 AND DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority and the Department of Housing and Urban Development requires adoption of an updated Streamlined Annual Plan; and WHEREAS, the Streamlined Annual Plan provides details about the Housing Authority's immediate and ongoing operations, program participants, programs and services, and the strategy for handling operational concerns, residents' concerns and needs, programs and services for the next year. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. A public hearing for the Iowa City Housing Authority's Streamlined Annual Plan for Fiscal Year 2006 should be and is hereby set for 7:00 PM, March 21, 2006, in Emma Harvat Hall of City Hall, 410 E Washington Street, Iowa City, Iowa or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above named proposal in a newspaper published at least once weekly and having a general circulation in the City, in accordance with applicable laws. Passed and approved this 21rd day of .."'~u~ MAYOR ATTEST: ~-"~~~ K. Jr::d,~ CityC Appro~~ by ~ ~~ \-\t-Cl>- City Attorney's Office It was moved by Champion adopted, and upon roll call there were: and seconded by Bailev the Resolution be AYES: NAYS: ABSENT: J{ J{ J{ Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn x y y J{ HisassUresffy06 pha planphg.doc w) ~ Prepared by: Denny Gannon, Ass\. City Engineer, 410 E. Washington S\., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 06-20 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, TILE LINE, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR VILLAGE GREEN - PART XX, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer, storm sewer, tile line, and water main improvements for Village Green - Part XX, as constructed by Carter-Kirkpatrick Services, Inc. of North Liberty, Iowa. Paving improvements for Village Green - Part XX, as constructed by Streb Construction Co., of Iowa City, Iowa. WHEREAS, the maintenance bonds have been filed in the City Clerk's office; and WHEREAS, the traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 23rd day of January ~6W~ MAYOR ATTEST: ~~ k. ~ CITY ERK Approved by 4~ ,,1., ItJro It was moved by Champion and upon roll call there were: and seconded by Bailey the Resolution be adopted, AYES: NAYS: ABSENT: x X X J{ J{ J{ J{ Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn pwenglreslvillagegreen20.doc /) \ ( \) ,~ 1 -~= -....!t ..... :....-.- .... .... ~~W;ti ~~"IIII" .......~ CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (3 I 9) 356-5000 (3 I 9) 356-5007 FAX www.icgov.org ENGINEER'S REPORT January 19, 2006 Honorable Mayor and City Council Iowa City, Iowa Re: Village Green - Part XX Dear Honorable Mayor and Council persons: I hereby certify that the construction of the sanitary sewer, storm sewer, tile line, water main, and paving improvements for Village Green - Part XX has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's Office for the sanitary sewer, storm sewer, tile line, and water main improvements constructed by Carter-Kirkpatrick Services, Inc. of North Liberty, Iowa, and for the paving improvements constructed by Streb Construction Co., Inc. of Iowa City, Iowa. I recommend that the City of Iowa City accept the above-referenced improvements. Sincerely, R~:;R~Ch~:.L b~ ro~) ~ City Engineer pwenglengrpt.villagegreen20.doc ~t; ;l.-j; 3 ~ ~ Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 (SUB05-00027) RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT OF JJR DAVIS FOURTH ADDITION, IOWA CITY, IOWA. WHEREAS, the owner, James R. Davis, Robert A. Davis and Jan Ellen Smith, filed with the City Clerk the final plat of JJR Davis Fourth Addition, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: Outlot "A" of JJR Davis Second Addition, Iowa City, Iowa, according to the Plat thereof recorded in Plat Book 49, Page 101, of the Records of the Johnson County Recorder's office, which Outlot "A" is a portion of the Southeast Quarter of the Northeast Quarter and a Portion of the Northeast Quarter of the Southeast Quarter of Section 20, Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa. Said Outlot "A" contains 6.68 acres, more or less, and is subject to easement and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2003) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets, easements 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. Resolution No. Page 2 Passed and approved this day of ,20_. MAYOR Approved by ATTEST: CITY CLERK City Attorney's Office It was moved by and seconded by adopted, and upon roll call there were: AYES: NAYS: ABSENT: ppdadminlresf~rdavis final plat.doc Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn the Resolution be To: Planning & Zoning Commission sc/ STAFF REPORT Prepared by: Robert Miklo Item: SUB05-00027 JJR Davis Fourth Addition Date: January 5, 2006 GENERAL INFORMATION: Applicant: Applicant's Engineer: Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Comprehensive Plan: File Date: 45-Day Limitation Period: 60-Day Limitation Period: James R. Davis, Robert A Davis Jan Ellen Smith, clo James R. Davis 4097 Kitty Lee Road Iowa City, IA 52240 Phone: 338-5327 MMS Consultants 1917 S. Gilbert Street Iowa City, IA 52240 Phone: 351-8282 Final plat approval A 4-lot commercial subdivision East of Mormon Trek Boulevard, south of Highway 1 6.68 acres Undeveloped, CI-1 North: Airport property; P South: Undeveloped; CI-1 East: Residential, Agricultural; County RS West: Commercial & undeveloped; CH-1 The South Central District Plan identifies this area as appropriate for intensive or highway commercial development. December 8. 2005 January 22, 2006 February 6, 2006 2 BACKGROUND INFORMATION: This property was annexed to Iowa City in 2003, as part of a larger annexation including property on the west side of Mormon Trek Boulevard and properties owned by the Iowa City Municipal Airport. The extension of Mormon Trek Boulevard and associated public utilities were recently completed adjacent to this property, providing the infrastructure to support commercial development. This property is zoned CI-1, Intensive Commercial, which is a zone intended to provide for those businesses characterized by outdoor display, storage and/or sales of merchandise, repair of motor vehicles, and other operations conducted in buildings that may not be completely enclosed such as contractor pre-assembly yards, hardware stores, etc. The CI- 1 zone also allows office uses. A preliminary plat was approved in November, 2004. The final plats for JJR Davis, Second and Third Additions, which include the property to the west and south were approved in April, 2005. ANALYSIS: The final plat as submitted is in general conformance with the approved preliminary plat. Construction plans and legal papers are being reviewed by the City Engineering Division and City Attorney's office. They must be approved by staff prior to Council consideration of the final plat. The preliminary plat had indicated the use of airport property to provide for a portion of the storm water management facilities for this subdivision. The construction plans for the final plat indicate that the use of airport property is no longer necessary, but that portions of the storm water management facilities will be on the adjacent property owned by the Danes. Easements have been provided for these off site facilities. A water main extension fee of $395 / acre will be required. A sanitary sewer tap-on fee of $3,986.12 / acre will be required. The legal papers must address the developer'S responsibility for improving Dane Road on the east side of this subdivision. STAFF RECOMMENDATION: Staff recommends that SUB05-00027, a final plat of JJR Davis Fourth Addition, a 6.68- acre, 4-lot commercial subdivision, be approved, subject to legal papers and construction plans being approved prior to Council consideration. ATTACHMENTS: 1. Location map 2. Final plat Approved by: '~~iL Karin Fr nklin, Director, Department of Planning and Community Development S:\PCD\Slaff Reports\SUBOS-00027 JJRDavis-final.doc ~ , CITY OF IOWA CITY 1 C 1=1 @ ~ ~~i OSA/ CI1 ESCORT " t; i CC2 C01 CI1 SUB05-00027 JJR Davis Fourth Addition SITE LOCATION: ~ > , ~ " " . . ~ ~ " " o 0 ~ ~ mrr;;-- .!. J, o " ,!. .4 ;...:;;........- . , ~ 0", ...... "'~ - B ~~, ~ i ~~~ ~ oj., E-o i ~o~ 51 ~ ", ~ ~dl t..> 6 ~.~ j ';' lZl .~ :::a o. :::a " , I~~. = ~ - ~ .Il ~ t ~ ..s =..9 c.. = - ...... r. i';' '" .- l:::: fI'lU r;: i ~ =- ~ Final Plat "elK Davis Fourth Addition A RESUBDIVISION OF OUTLOT "A" OF JJR DAVIS SECOND ADDITION Iowa City, Iowa ~- sEC1lON20-T7IN-_ f~~::- pI.AT1>Rr.P.RmlJ'f- llOIIIlJ5AT~_2J< MWS CONSULTlNTS INC. 1917 SOUTH GILBERT ST. IOlI'ACITY,lOlfA,522-40 , , i! " ,i I , ..J" ""." OWNF.llS/!nIllllTVmJ:JN- IllDIIeIlt n....., RoberlA. and Ian Ellen Smith e/o lama It Do.~ 4OV7 X1lty Lee Road 10... Clt)',1owa 52240 01lJl6S"lTl'ORNt:'Y; ThomulL Gelman 321E.lfarketstreet Io_Clty,1ow.52245 I certify that during the montk of September. 2005. at the direction of Joma R. Davis. 0 SUl"Jeywos mQd.. under mysupnslon ofo..Uot ",," of J..R Davis Second Additi"",lowoCity, IO,"",in accordance with the Plot thl!.eof recor<Ied il8ock49,oIPog81010ftheRecordsoflheJohnsonCountyRecorder'sOffice. which is 0 Portion of the Southe<Jst OuorterofSectIon 2Q. To-<mshlp79North. R~ge6_West,oftheFifthPrincipOll.leridlon,lowoC.,ty,JohnsonCount)',lowo,the bounda"e. of which ore described os foIloW'S: Outlot oAo of J..R 00';. Second Addition, loW(! City, 10'"", in accordance wlth the Plot thereof recorded In Book 49,otPogel0l of the Record. of the John:lOt'l County RecCO"der's Office, conto......q 6.68 ocres, and SYbject to easement. OI'1d restrictions of record. -~- .....-..,- ~~ "- .. Sipod__...IIIlo_do,,,*~.20- t;oIafyPubll<.InO'OCllorlho_oI...... - Harold Jobn Dane, Jr. &; Allegra G. Dane -4082 Dane Rd SE Io_City,Io-.522-40 EASTl/+CCfiIEJl sn:1ICI42Cl-~___ OFlHEFFlHP.... ~~ EIOO(....TP.u;['n = .U7AC J.01"'C i:ii"AC ~~ .~~ ro,~ ~ " JlslJ5'-82112 ~ Ii! . . ,. o I'~ ~ ,I , I I I I I I I I ....~~ n~ ~ ! ! PIlEP4IlEllBY:.....SCON5U..T.....YSINC.-'llt75. ;END AND NO- . -~~ 4 _~~ tJ. _~~ . ~ PIU'EIflY al'!NDl(S). o _PIU'EIflYctIIlNDISS 1',............/.. --- . -"""X" -PlIll"OIT"I'liforll<Ul ~--_~lIEC" --------_JIIGIfI-of"_1lIlYUNES --_CDfIEIIIMES -lOTLNES."-'" -_lOTLNES........mI>Q -------LO!BOD<TLNES.~ nn__nn__DISIMOU!DOOITU (RJ -__ IW) _>EOSUOED~ CZI_t _DJlM:_T_ ~-.IU__.fEET"""llI a..o9.lREISlLSS1HANl FOOTlN 2lI,1II ~ ~.. '\~/ '\ ..- , ,. , ~ \ " / " ";..-/ \ \ \ " \. ~..\ ,. " ',.\ \ -', - \- , , \" ....\ \\ . I'! UJl/,i\ '\I~:O; \ ... \ jUJl~'i'll<<dJilI \~.. \ 1,;) , /'>""",,~ ;;;;~"..;. ... ~::~ ..--;:>-'" \.. /',/~ \ !ii PLAT/PLAN APPROVED by'" City of Iowa City _ . - ...-n..., lAY'" =~-: :""ari ~..: ~~ - - --"... g;;;- ...,... --..- ~ .. STATE OF IOWA ) )ss: JOHNSON COUNTY ) W aOD5 On this 0%11. eill.<.{ of .Dac.Q)", before me, the undersigned, a tt,otalY Public i~ and for the State of Iowa, personally appeared Jim Swaim and ar. G.. A.'l...a.(~8n me personally known, who, being by me duly sworn, did say that they are the Executive Director and Chairman of Board of Directors, respectively, of the corporation executing the foregoing instrument; that the instrument was signed on behalf of the cO!for~ti2n b\~thority of its Board of Directors; that Jim Swaim and. ars .. n ex: nowledged the execution of the instrument to be the voluntary act and deeu of the corporation, by it, by them voluntarily executed. JACKIE MORROW \. COmmIuIOn Nu.-730921 . My COmmIuIOn E>cpiroo Oclober a 2007 ;;;:hcti; IU ()'l/Vi.JJ Notary Public in and for the State of Iowa. STATE OF IOWA ) )ss: ) JOHNSON COUNTY On this day of , 2006, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ross Wi] burn 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 municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City Council of said municipal corporation; and that the said Ross Wi 1 burn and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed and said municipal corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa tit UAY _ United Action for Youth _ 410 Iowa Avenue - P.O. Box 892 - Iowa City, IA 52244 - 319-338-7518 December 20, 2005 Stephen Atkins City Manager City ofIowa City 410 Washington Street Iowa City, IA 52240 Dear Stephen, United Action for Youth was pleased to open the new Youth Center in May. The space has enhanced our programs tremendously and we think it has contributed to the downtown environment. As we discussed this week, I am requesting an adjustment in UA Y's payment schedule to the City ofIowa City. We invested nearly $200,000 in finishing the Youth Center this year, in addition to the donations and in-kind work of many local contractors. While we continue to make progress on our capital campaign we have not yet reached our goal. On behalf ofUA Y I am requesting that VA Y pay $25,000 to the City ofIowa City now and extend the payment schedule an additional year, into 2007. With the pledge payments that we expect to come in this month we will have the funds on hand to make this modified payment. The UA Y board continues to work hard to raise funds, but we have not had a development director up until now. This week we hired a development director to assist the board and me in our fundraising efforts. We will be making an announcement to the community the first week of January about this addition to our staff. I think that this will help VA Y complete the Building Bright Futures capital campaign. The staff, board, volunteers, and especially the young people we serve, wish to express our gratitude to the City of Iowa City in providing us with this wonderful new environment. It is truly a great space and demonstrates Iowa City's commitment to youth and families. Thank you for your consideration. Yours ~ulJ' ~'<7~ #m Swaim Executive Director Cc: Linda Severson, JCCOG Human Services Coordinator Tracy Hightshoe, Associate Planner, City of Iowa City Lars Anderson, VA Y Board Chairperson ,.' tV1~ ~ Prepared by: Mitchel T. Behr, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 06-21 RESOLUTION APPROVING OF AN AMENDMENT TO A REAL ESTATE CONTRACT - INSTALLMENTS BETWEEN THE CITY OF IOWA CITY AND UNITED ACTION FOR YOUTH FOR CONDOMINIUM UNIT 1-C IN TOWER PLACE AND PARKING. WHEREAS, Tower Place and Parking includes commercial space which has been marketed for sale to the general public; and WHEREAS, In June of 2002, the City Council approved a Real Estate Contract - Installments pursuant to which the City is selling Unit 1-C of the Tower Place & Parking condominium regime to United Action for Youth (UAY) for a total price of $500,000; and WHEREAS, the contract as amended currently provides for payment of the $250,000 remaining balance of the purchase price in installments of $125,000 on or before December 31, 2005, and $125,000 on or before December 1,2006; and WHEREAS, UAY has requested that the contract be amended to provide for payment of the balance of the purchase price in installments of $25,000 by March 1, 2006, $75,000 at the end of 2006 and $150,000 at the end of 2007; and WHEREAS, following public hearing on the City Council's intent to approve the amendment to said purchase agreement and to dispose of the property in accordance therewith, City Council finds that the amendment to the purchase agreement should be approved and that said property should be conveyed in accordance with said amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council hereby approves in form and substance the attached Fourth Amendment to the purchase agreement between the City of Iowa City and United Action for Youth for Unit 1-C in Tower Place and Parking and the disposition of said property in accordance with the purchase agreement as amended. 2. Upon direction of the City Attorney's Office the Mayor and the City Clerk are hereby authorized to execute the attached amendment to the purchase agreement and take any further action necessary to dispose of said property in accordance with said amendment. 3. The City Clerk is hereby authorized and directed to certify the necessary copies approving said amendment of the purchase agreement and record said certified copies with the Johnson County Recorder at UA Y's expense. Passed and approved this 23rd day of .Januarv , 20-'l.L. (;1,,- LJ:!L- MAYOR Approved by ATTEST: fu~U'.J R. ~fA) CITY RK ( It, 1,,& Resolution No. 06-71 Page ? It was moved by Champion and seconded by adopted, and upon roll call there were: AYES: NAYS: x x x x x x X Bailey ABSENT: the Resolution be Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn Prepared by: Mitchel T. Behr, Asst. City Attorney, 410 East Washington St., Iowa City, IA 52240; (319) 356-5030 FOURTH AMENDMENT TO REAL ESTATE CONTRACT-INSTALLMENTS WHEREAS, the City of Iowa City ("Sellers") and United Action for Youth ("Buyers") executed a REAL ESTATE CONTRACT -INSTALLMENTS for the sale of Unit 1C, Tower Place & Parking, as legally described therein, dated May 11, 2002, which is recorded at Book 3343, Page 137 of the records of the Johnson County Recorder, and modified by amendments recorded at Book 3357, Page 352 , Book 3785, Page 298 and Book 3842, Page 237 of the records of the Johnson County Recorder; and WHEREAS, Buyers and Sellers wish to further amend said REAL ESTATE CONTRACT -INSTALLMENTS to modify the provisions thereof relating to payment of the purchase price and "finish work" to completed on the property by Buyers, as agreed to and understood by the parties. FOR GOOD AND VALUABLE CONSIDERATION, IT IS AGREED that the above-referenced contract is hereby further amended as follows: Paragraph 1 (b) of the contract as amended is deleted in its entirety and replaced with the following: "BALANCE OF PURCHASE PRICE. $275,000 as follows: $25,000 on or before March 1, 2005; $25,000 on or before March 1, 2006, $75,000 on or before December 31, 2006, and; $150,000 on or before December 31,2007." , ~C~ By: Ross Wi 1 burn, Mayor UNITED ACTION FOR YOUTH :;;=m,]~;~ By: Lars G. Anderson Chairman of Board of Directors ~~.~ By: rian K. Karr, City Clerk STATE OF IOWA ) )ss: JOHNSON COUNTY ) ~r, aOD5 On this c$BTh. "IlL'! nf..D2t.QJ"', before me, the undersigned, a Nota~ Public i~ and for the State of Iowa, personally appeared Jim Swaim and Lar. G.. Ail....a&~8n me personally known, who, being by me duly sworn, did say that they are the Executive Director and Chairman of Board of Directors, respectively, of the corporation executing the foregoing instrument; that the instrument was signed on behalf of the cOH'or~ti~ by iluthority of its Board of Directors; that Jim Swaim and ~ars .' n er'lfCRnowledged the execution of the instrument to be the voluntary act and deeu of the corporation, by it, by them voluntarily executed. JACKIE MORROW '- Commillion Nu_730921 . My CommiI8ion Expi... Oclollet a 2007 ~c0LU I\J ()vvlY Notary Public in and for the State of Iowa. STATE OF IOWA ) )ss: ) JOHNSON COUNTY On this ~3...J day of JA"'UA~' , 2006, before me, the undersigned, a Notary Public in and for sal County, In said State, personally appeared Ross Wi] burn 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 municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City Council of said municipal corporation; and that the said Ross Wi] burn and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed and said municipal corporation, by it and by them voluntarily executed. Sm,.-lnr," \;....-6 Notary Public in and for the State of Iowa M~ ~ Prepared by: Terry Trueblood, Parks & Recreation Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5110 RESOLUTION NO. 06-22 RESOLUTION NAMING THE PENINSULA PARKLAND AREA "PENINSULA PARK" WHEREAS, the City owns 143.52 acres within the property legally described as Johnson County Auditor's Parcel 95080, containing 190,02 acres and described on the plat of survey recorded August 10, 1995, in Book 35, Page 267, Records of the Johnson County Recorder; and WHEREAS, said 143,52 acres was officially designated for public park purposes by action of the City Council in Resolution 05-327, dated October 4, 2005; and WHEREAS, said property has been know as the "Peninsula Parkland Area" for a number of years; and WHEREAS, the Parks and Recreation Commission, as voted upon at their meeting of December 14, 2005, unanimously supports naming this area "Peninsula Park". NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that: 1. The following-described City land situated in Johnson County of the State of Iowa is hereby named "Peninsula Park": a. Johnson County Auditor's Parcel 95080, containing 190.02 acres and described on the plat of survey recorded August 10, 1995, in Book 35, Page 267, Records of the Johnson County Recorder, including the portion thereof depicted and described as Outlot N in the approved preliminary plat for the Peninsula Neighborhood, Iowa City, Iowa, but excluding the balance of the property contained within the approved preliminary plat for the Peninsula Neighborhood, Iowa City, Iowa, and also excluding Johnson County Auditor's Parcel 97099, containing 24.00 acres. Passed and approved this ? 1 rn d~~''uL MAYOR Approved by '~4 6i~~tto;~~ I jo,0(." ATTEST:~i(4') ~, ~,J CI CLERK It was moved by Bailev and upon roll call1here were: and seconded by r.nrr~;::l the Resolution be adopted, AYES: NAYS: ABSENT: x x y X X X y Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn wpdata/parks&redres/peninsula06.doc M.tCj u ~ Prepared by: Ronald Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5138 RESOLUTION NO. 06-23 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE SOUTH GILBERT STREET/SAND ROAD IMPROVEMENTS - NAPOLEON LANE TO SYCAMORE STREET PROJECT. WHEREAS, Metro Pavers, Inc. of Iowa City, Iowa, has submitted the lowest responsible bid of $1,396,068.73 for construction of the above-named project; and WHEREAS, the City of Iowa City has entered into a 28E agreement with Johnson County, Iowa, for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above-named project is hereby awarded to Metro Pavers, 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 21rd d", of a MAYOR ,20 06 . (~~ - ~ ATTEST:~""'~ J(, cJ.(~ CIT LERK Approved by Jl!~ ! )dp(., City Attorney's Office It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: Bailev the Resolution be AYES: NAYS: ABSENT: x x x x x x x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn pweng\res\sandrd accept.doc 1/06 ~';X ADVERTISEMENT FOR BIDS SOUTH GILBERT STREET / SAND ROAD - NAPOLEON LANE TO SYCAMORE STREET IMPROVEMENTS PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 11th day of January, 2006 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. Proposals will be acted upon by the City Council at the next regular meeting to be held in the Emma J. Harvat Hall, or at such later time and place as may be scheduled. The Project will involve the following: 21,000 CY of Class 10 Excavation, 24,000 SY of 9-inch thick PCC pavement and six- inch granular subbase, 3,800 LF of storm sewer pipe, 26 storm sewer intakes, and 5,600 LF ofType 47 Field Fence. All work is to be done in strict compliance with the plans and specifications prepared by the Iowa City Engineers Office, 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 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 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 AF-1 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 period of five (5) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Working Days: 100 Days Late Start Date: April 1, 2006 Liquidated Damages: $500.00 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifi- cations and form of proposal blanks may be secured at the Office of the Iowa City Engineer, Iowa City, iowa, by bona fide bidders. A $ 40.00 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 payabie to the City of Iowa City. Prospective bidders are advised that the City of iowa City desires to empioy 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 and the Iowa Department of Transportation Contracts Office at (515) 239- 1422. 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 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 law1ully 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. MARIAN K. KARR, CITY CLERK AF-2 ~ :J--;;3 ~ Prepared by: Sarah Okerlund, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5149 RESOLUTION NO. RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE MORMON TREK BOULEVARD EXTENSION - WILLOW CREEK TO OLD HIGHWAY 218 PROJECT. WHEREAS, Iowa Bridge & Culvert, L.C. of Washington, Iowa, has submitted the lowest responsible bid of $3,535,397.98 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 Iowa Bridge & Culvert, L.C., 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 day of ,20 MAYOR Approved by ATTEST: CITY CLERK Jf~~ ~ ,jshee, {'ftt:~Offi~ It was moved by and seconded by adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn Pwenglres/mormonwillowcrkawrdcon.doc 1/06 ADVERTISEMENT FOR BIDS MORMON TREK BOULEVARD EXTENSION PROJECT t.:lo " Sealed proposals will be received by the City Clerk of the Citx of Iowa City, Iowa, until 10:30 A.M. on the ~day of January. 2006, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date andlor time to be published as (\.....r C', \-" ~ "" '\ '(' . required by law. Sealed proposals will be opened ...J \,) immediately thereafter by the City Engineer or b ~ designee. Bids submitted by fax machine shall , <:l f ",-" \ '" '\ \AI ~ \ \ not be deemed a "sealed bid" for purposes of this \, -:s-: --J Project. Proposals will be acted upon by the City "-- Go, y.,. \ \ ~ ","I Council at a meeting to be held in the Emma J. \ O' .::; Cl (0 Harvat Hall at 7:00 P.M. on the 17'" day of , \. '\''<.\. ~... 1; . t>.,. 38~nuarv, 2006, or at such later time and place as ay be scheduled. The Project will involve the following: The extension of Mormon Trek Boulevard to a point approximately 350 feet southeast of Old Highway 218, the lane widening and addition of a right-turn lane to Old Highway 218 at its intersection with Mormon Trek Boulevard, and the construction of a triple 12'x10'x809' reinforced concrete box culvert. All work is to be done in strict compliance with the plans and specifications prepared by Earth Tech. of Waterloo. 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 of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days 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. AF-1 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 operation of the contract, and shall also guarantee the maintenance of the improvement for a period of five (5) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Completion Date: June 30, 2007 Specified Start Date: April 3, 2006 Access to Airport property west of Old Highway 218 will not be available until August 1, 2006, unless authorized earlier by Airport Director. Liquidated Damages: $600.00 per day, except liquidated damages for exceeding specified completion for work in railroad right-of-way shall be $1.000.00 per calendar 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 the City Enaineer. Iowa Citv. Iowa, by bona fide bidders. A $45.00 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 Treasurer of the City of Iowa City, Iowa. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721 and the Iowa Department of Transportation Contracts Office at (515) 239- 1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of 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 required under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. AF-2 The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK AF-3