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HomeMy WebLinkAbout2002-02-05 Resolution RESOLUTION NO. 02-36 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wit: R.T.'s 826 S. Clinton Street It was moved by Vand~rhn~f and seconded by (3'l~nnnel]. that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell × Pfab X Vanderhoef X Wilburn Passed and approved this 5th day of Februar , 20 02 · CITY"~LERK City Attorney's Office clerk\res\danceprm.doc Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City IA 52240 (319)356-5053 RESOLUTION NO. 02-37 RESOLUTION SE'Iq'lNG A PUBLIC HEARING TO DISCUSS THE PROPOSED OPERATING BUDGET FOR THE FISCAL YEAR JULY 1, 2002, THROUGH JUNE 30, 2003, THE PROPOSED THREE-YEAR FINANCIAL PLAN, AND ALSO THE MULTI-YEAR CAPITAL IMPROVEMENTS PROGRAM THROUGH FISCAL YEAR 2006. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that public hearings be held in the Civic Center at 7:00 p.m., February 19, 2002, to permit any taxpayer to be heard for or against the proposed FY2003 Operating Budget and the Proposed FY2003-FY2005 Financial Plan and also the multi-year Capital Improvements Program through Fiscal Year 2006. Passed and approved this 5th day of February ,2002. Approved by A EST: ./. cI'r~LERK - - - City Attsrney's Office It was moved by Vandevhoe¢ and seconded by 0'Donne] ] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman × O'Donnell X Pfab X Vanderhoef X Wilburn flnadm~budget~pubh~g doc Prepared by: Klm Johnson. Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)356-5139 RESOLUTION NO. 02-38 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE PRAIRIE DU CHIEN ROAD TO DODGE STREET WATER MAIN 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 headng on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 19th day of February, 2002, at 7:00 p.m. in the Emma J. Harvat Hall, 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 headng. 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 5th day of February ,20 02 ' ~C~it~y Atto'r'ney's Office//~,/'O ~ It was moved by Vanderhoef and seconded by 0' Donne] ] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn pweng/res/prairie-dodge.doc Prepared by: Ron Knoche, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356-5138 RESOLUTION NO. 02-39 RESOLUTION SE'I-rING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MORMON TREK BOULEVARD LANDSCAPE IMPROVEMENTS PRO- JECT, 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 19th day of February, 2002, at 7:00 p.m. in the Emma J. Harvat Hall, Civic Center, lo'va 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 cimulation 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 5th dayof February ,20 02 Approved by (~I~LERK / ~i~, ~'tt~r'~y's ~ee' pwer;g~res\mt rkJnd scape-set ph doc Resolution No,. 02-39 Page 2 It was moved by Vanden'hoer and seconded by O! Donne] 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell ' X Pfab X Vanderhoef × Wilburn Prepared by: Stephanie Hubler, Asst, Housing, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5400x14 RESOLUTION NO. 02-40 RESOLUTION SETTING A PUBLIC HEARING ON APRIL 2, 2002 FOR THE IOWA CITY HOUSING AUTHORITY'S UPDATED ANNUAL PLAN. 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 Annual Plan; and WHEREAS, the Annual Plan provides details about the agency's immediate operations, program participants, programs and services, and the agency's strategy for handling operational concerns, residents' concerns and needs, programs and services for the upcoming fiscal 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 updated Annual Plan be set for April 2, 2002. 2. The City Clerk is hereby authorized and directed to certify appropriate copies of this resolution together with any necessary certifications as may be required by the Department of Housing and Urban Development Passed and approved this 5th day of February ,20 02 Appr.o_v_ed by CIT'?'~-~ERK City Attorney's Office It was moved by Vanderhoef and seconded by 0'Donne'l'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 H~SAs st/r esJannualpla n 02 doc Prepared by: Kevin L. Doyle, Assistant Trans. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5253 RESOLUTION NO. 02-41 RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND FILE AN APPLICATION WITH THE UNITED STATES DEPART- MENT OF TRANSPORTATION FOR A GRANT UNDER 49 U.S.C. 5307, TO BE USED FOR FY2002 TRANSIT OPERATING AND CAPITAL ASSISTANCE FUNDING. WHEREAS, the City of Iowa City operates a municipal transit system; and WHEREAS, Section 5307 of Title 49 of the United States Code (U.S.C.) authorizes the Secretary of Transportation to provide grants for mass transportation projects; and WHEREAS, if the City receives a grant from the U.S. Department of Transportation, the contract for financial assistance will impose certain obligations upon the City, including the obligation to provide the local share of projects costs; and WHEREAS, pursuant to the provisions of Title VI of the Civil Rights Act of 1964, the Department of Transportation, in conjunction with the filing of applications for assistance under Title 53 U.S.C. requires an applicant to provide assurances that it will comply with Title VI of the CiviJ Rights Act of 1964 and the Department of Transpodation's requirements under Titre 53 U.S.C.; and WHEREAS, it is the City's goal to utilize disadvantaged business enterprise to the fullest extent possible in conjunction with this project, and to establish and administer definitive procedures to ensure that disadvantaged businesses shall have the maximum feasible opportunity to compete for contracts when the City procures construction contracts, supplies, equipment contracts, consultants or other services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Manager is authorized to execute and file an application with the U.S. Department of Transportation, on behalf of the City of Iowa City, to' aid in financing the City's transit operations pursuant to 49 U.S.C. {}5307. 2. The City Manager is authorized to execute and file with said application the required assurances and any other documents required by the U.S. Depadment of Transportation to satisfy the requirements of Title VI of the Civil Rights Act of 1964. 3. The City Manager, or the Johnson County Council of Governments (JCCOG) Transportation Planning Division (Transportation Planner or Assistant Transportation Planner) acting as the City Manager's representative, are authorized to furnish such additional information required by the Department of Transportation in connection with said application. Resolution No. 02-41 Page 2 4. The City Manager is authorized to develop and execute affirmative disadvantaged business policies with respect to the project and the project's procurement needs. 5. The City Manager is authorized to execute grant agreements with the U.S. Department of Transportation, on behalf of the City of Iowa City, for aid in financing transit operations and capital improvements. 6. The Johnson County Council of Governments (JCCOG) - Transpodation Planning Division - Assistant Transportation Planner [Kevin L. Doyle] is authorized to: (a) submit and review Federal Transit Administration grant applications, quarterly reports, and any other required information; (b) electronically submit the FTA Annual Certification and Assurances required from grantees electronically on behalf of the City of Iowa City and Iowa City Transit with the Federal Transit Administration. An original copy of the FTA Annual Certifications and Assurances will be kept by the City of Iowa City. 7. Upon approval of the grant application by FTA, the grant agreement may be executed electronically by JCCOG Assistant Transportation Planner (Kevin L. Doyle) on behalf of the City Manager, City of Iowa City. Passed and approved this 5th dayof February ,20 02. Approved by C'ITY"CLE-RK ' -'Cit~ At~orn-e~ s Office It was moved by Vanderh0ef and seconded by 0'Dnnn~ll the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner x Lehman' × O'Donnell × Pfab X Vanderhoef × Wilburn Prepared by: Ron Knoche, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. 02-42 RESOLUTION ACCEPTING THE WORK FOR THE SOUTH SYCAMORE REGIONAL GREENSPACE AND STORMWATER PROJECT WHEREAS, the Engineering Division has recommended that the work for construction ot' the South Sycamore Regional Greenspace and Stormwater Project, as included in a contract between the City of Iowa City and DeLongoKeith Construction, Inc., of Washington, Iowa, dated May 3, 2001, be accepted; and WHEREAS, the per[ormance and payment bond has been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CiTY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of iowa City, Iowa. Passed and approved this 5th dayof Feb~ 20 02 Approved by CITY-CLERK ' Cit~-/~t-to'rney's Office It was moved by Vanden'hoer and seconded by 0'Donnel'l the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donn~ll × Pfab X Vanderhoef X Wilburn ENGINEER'S REPORT Januaw 24,2002 Honorable Mayor and City Council Iowa City, Iowa Re: South Sycamore Greenspace and Storm Water Project Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the South Sycamore Greenspace and Storm Water Project has been completed by DeLong-Keith Construction, Inc. of Washington, Iowa in substantial accordance with the plans and specifications prepared by MMS Consultants, Inc. of Iowa City, Iowa. The required performance and payment bond is on file in the City Clerk's office. The final contract price is $1,215,530.50. I recommend that the City of Iowa City accept the above-referenced improvements. Sincerely, Ricl~'ard Fosse, P.E. City Engineer 410 EAST WASHINGTON STREET * IOWA CITY, IOWA 52240-1826 · (319) 356~5000 · FAX (319} 356-5009 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, iA 52240 (319)356-5246 RESOLUTION NO, 02-43 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO Al-rEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1517 BURNS AVENUE, IOWA CITY, IOWA. WHEREAS, on December 21, 1998, the owners of 1517 Burns Avenue executed a conditional occupancy Modgage in the amount of $3,000; and WHEREAS, the loan was paid off on January 29, 2002; 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 1517 Burns Avenue, Iowa City, Iowa from the Modgage recorded on December 22, 1998, Book 2643, Page 310 through Page 313 of the Johnson County Recorder's Office. Passed and approved this 5th day of February , 20 02 Approved by ClTY"'C--L~ RK ~'i[~; ~Attorney'~ (~f~ce~ It was moved by Vanderhoef and seconded by 0' Donne1 ] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab × Vanderhoef X Wilbum 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 1517 Burns Avenue, Iowa City, Iowa, and legally described as follows: Lot 327 in Part Five, Hollywood Manor Addition to Iowa City, Iowa, according to the plat thereof recorded in Plat Book 13, page 18, Plat Records of Johnson County, Iowa. from an obligation of the owners, Michael R. Keating and Martha J. Keating, to the City of Iowa City in the total amount of $3,000 represented by a Mortgage recorded on December 22, 1998, Book 2643, Page 310 through Page 313 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. MAYOR Approved by CITY"C-LERK City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of --~-,5,~u.~ , A.D. 20 ~.~ , before me, the undersigned, a Notary Pu~n and for said County, i-n 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. ~-~ , adopted by the City Council on the .~ ~-'~ day ~-~t,~0 o2 and that the said Ernest W. Lehman and Madan 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 j o~.. ,t.,, J SONDRAE FORT [~'~. Commission Number 1597911 r,,~,~' My Comm,sslon Expire, I Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 02-44 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING TWO MORTGAGES FOR THE PROPERTY LOCATED AT 1019 GINTER AVENUE, IOWA CITY, IOWA. WHEREAS, on March 2, 2001, the property owners of 1019 Ginter Avenue executed a Mortgage through the City's Housing Rehabilitation Program. The Mortgage was in the form of a conditional occupancy loan in the amount of $4,860; and WHEREAS, on December 31, 2001, the property owners executed another Mortgage. The Modgage was in the form of a conditional occupancy loan in the amount of $1,821.70; and WHEREAS, the loans were paid off on February 1, 2002; 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 1019 Ginter Avenue, Iowa City, Iowa from the Mortgage recorded on March 14, 2001, Book 3043, Page 272 through Page 276; and from the Mortgage recorded on January 3, 2002, Book 3202, Page 271 through Page 275 of the Johnson County Recorder's Office. Passed and approved this 5th dayof Februa~'.,v ,20 02 Approved by CITY ~LERK - ' ~ty Attorney's Office It was moved by Vanderhoef 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 × Wilburn 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 1019 Ginter Avenue, Iowa City, Iowa, and legally described as follows: Lot 5, Block 3, Sunnyside Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 1, Page 136, Plat Records of Johnson County, Iowa, subject to easements and restrictions of record from an obligation of the property owners, Franco and Judith Alvarez, to the City of Iowa City in the total amount of $6,681.70 represented by a Mortgage recorded on March 14, 2001, Book 3043, Page 272 through Page 276; and from the Mortgage recorded on January 3, 2002, Book 3202, Page 271 through Page 275 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 (~it'y Attorney's Office' STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this .~ ~-~- day of i-~R~.~:y , A.D. 20 o~Y- , before me, the undersigned, 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. z:Y~ --'+~) , adopted by the City Council on the ~ ~ day ~'~'~-0~-"~'~- and that the s~id 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/1019ginter.doc ',,¢~ ... SONDRAE FORT ~°',~l,~ Commission Number tSgTgl '.~L ' My Commission Expires Prepared by: Mitchel T. Behr, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 02-45 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A DRAINAGE EASEMENT AGREEMENT IN CONNECTION WITH STONE BRIDGE ESTATES, PART ONE, IOWA CITY, IOWA. WHEREAS, the City approved the final plats of Stone Bridge Estates, Part One, Iowa City, Iowa, on July 31, 2001, by Council Resolution NO. 01-228 B; WHEREAS, the City Public Works Department and developer have determined that another drainage easement is necessary in connection with the subdivision; and WHEREAS, property owner Arlington Development, Inc. has executed the necessary permanent drainage easement; and WHEREAS, the Public Works Department has reviewed the permanent easement agreement and recommends its execution by the City; and WHEREAS, it is in the public interest to execute said easement agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council finds that it is in the public interest to execute the permanent drainage easement agreement with the above-named property owner. 2. The Mayor is hereby authorized to sign and the City Clerk to attest, the drainage easement agreement with the above-named property owner attached hereto. 3. The City Clerk is hereby authorized and directed to certify a copy of this resolution for recordation in the Johnson County Recorder's Office, together with the attached easement agreement, said recording costs to be paid by the above-named property owner. Passed and approved this 5th day of Februar ,20 02 · Approved by ClT'Y'-GLERK /~'~ t'y "A~'t o"~-/~ e y' s ~)ffi ce mitch/B/stonebddgeestates/res doc Resolution No. 02-45 Page 2 It was moved by Vanderhoef and seconded by 0'Donne11 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell ' X Pfab X Vanderhoef X Wilburn Prepared by: Philip A. Leff, 222 S. Linn St., Iowa City, IA 52244-2447; 319/338-7551 DRAINAGE EASEMENT AGREEMENT THIS AGREEMENT is made and entered into this ~ ~ day of ~eL~u~v , 2002, by and between Arlington Development, Inc. (hereinafter referred to as "OWNER") and the City of Iowa City, Iowa (hereinafter referred to as "CITY"). R E C I T A L S A. OWNER is the developer and titleholder of a subdivision in Iowa City, Iowa, known as Stone Bridge Estates, Part One, Iowa City, Iowa. B. OWNER is required by CITY to provide a surface drainage easement over portions of Lots 10 through and including 16 in said subdivision, and this Agreement sets forth the terms and conditions thereof. NOW, THEREFORE, IT IS HEREBY UNDERSTOOD AND AGREED AS FOLLOWS: 1. For the sum of One Dollar and other valuable consideration, receipt of which is hereby acknowledged, OWNER hereby grants and conveys to CITY an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such drainage ways as CITY shall from time to time elect for conveying storm water, together with adequate protection thereof and also a right-of-way with right of ingress and egress thereto, over and across the areas designated as Drainage Easement (hereinafter "easement areas") as shown on Exhibit "A". 2. OWNER further grants to CITY the following rights in connection with the above: A. The right of grading said easement areas for the full width thereof, and the right to extend the cuts and fills for such grading into and on said land along and outside of said easement areas, to such extent as CITY may find reasonably necessary. B. The right from time to time to trim, cut down, and clear away all trees and brush on said easement areas, and on either side of said easement areas which now or hereinafter in the opinion of CITY may be a hazard to said areas or may interfere with the exercise of CITY's rights hereunder in any manner. 3. CITY shall indemnify OWNER against any loss and damage which shall be caused by the negligent exercise of any said ingress or egress, construction, maintenance or use by CITY or its agents or employees in the course of their employment. 4. OWNER reserves the right to use said easement areas for purposes which will not interfere with CITY's full enjoyment of its rights hereby granted; provided that OWNER and lot owners shall not erect or construct any building, fence, retaining wall or other structures; plant any trees, drill or operate any well; or construct any reservoirs or other obstructions on said easement areas; or diminish or substantially add to the ground cover upon said easement areas. 5. OWNER hereby covenants with CITY that it has lawfully seized and possessed of the real estate above described, and that is has good and lawful right to convey it or any part thereof. 6. Nothing in this Agreement shall be construed to impose a requirement on CITY to install the original public improvements at issue herein. Nor shall OWNER be deemed acting as CITY's agent during the original construction and installation of said improvements. The parties agree that the obligation to install the public improvement(s) herein shall be in accordance with CITY specifications, and the obligation shall remain on OWNER until completion by OWNER, and until acceptance by CITY, as provided by law. 7. The provisions herein shall inure to the benefit of and bind the successors and assigns of the respective parties hereto and all covenants shall be deemed to apply to and run with the title to the land. SIGNED this -~!' ~ L day of ~-~ ~'~C~,~y 2002. my:~~, ~ By: ~~-> ~ ~ J~ Moreland, Jr., ~retary Marina K. Karr, City Clerk - OWNER CITY 2 STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) On this 15th day of January , 2002, before me, the under- signed, a Notary Public in and for the State of Iowa, personally appeared Gary D. Watts and John Moreland, Jr., to me personally known, who, being by me duly sworn, did say that they are the President and Secretary, respectively, of said corporation executing the within and foregoing instrument; that no seal has been procured by the said corporation; that said instrument was signed on behalf of said corporation by authority of its Board of Directors and that the said Gary D. Watts and John Moreland, Jr. as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of said corporat~d by them voluntarily executed. --~tary ~ubliy~ and for the Sta~e of Iowa STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) On this ~;~ day of F~c~Cy , 2002, before me, the under- signed, a Notary Public in and four the State of Iowa, personally appeared Ernie Lehman and Marian K. Karr, to me personally known, who, being by me ~aly 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 Ernie Lehman and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. ~ Commission N~r 159791~ '~'1 MyC0mmi~n~ims Notary Public in and for the [_-~1-- ~-7.-o~ State of Iowa /cap 3 EXHIBIT "A" PREPARED BY: MMS CONSULTANTS 1917 S, GILBERT ST, IOWA CITY, IOWA 52240 (319) 351-8282 Easement Plat DATE O,~UR~: 1:~/!9/0l , I ~.~ Bridge Estates, Part One Iowa City, Iowa FA¢&~L "A" I ~ LEOERD AND NOTES ~ ~ ~ Easement Plat City of Iowa City MEMORANDUM Date: January 30, 2002 0~¢¢'~1~~ ~`~J To: Steve Atkins From: Denny Gannon .~ Re: City Council Agenda (Feb. 5) The Developer of Stone Bridge Estates is in the process of final platting Pads Two, Three and Four, and during the design, it has been determined that drainage swales and easements are required not only with the new and proposed parts of Stone Bridge Estates but also with the existing and adjoining Pad One. Therefore, City Council agenda item no. 12 for the February 5th City Council meeting involves obtaining the necessary drainage easements along the back lot lines of lots 10-16 of Stone Bridge Estates, Pad One. The drainage swales and easements required for Stone Bridge Estates - Pads Two, Three and Four will be approved with the final platting of these pads. Cc: Chuck Schmadeke Rick Fosse Prepared by: Robed Miklo, PCD, 410 E. Washington St., Iowa City, iA 52240; 319-356-5240 (ANN 01-00005) RESOLUTION NO. 02-46 RESOLUTION APPROVING THE ANNEXATION OF 4.0'1 ACRES OF PROPERTY LOCATED SOUTH OF HERBERT HOOVER HIGHWAY AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE ANNEXATION AGREEMENT. WHEREAS, the owner, The Waverly Group, has requested annexation of the 4.01 acre tract into the City of Iowa City; and WHEREAS, pursuant to Iowa Code Section 368.5 and Section 368.7 (2001), notice of the application for annexation was sent by cedified mail to the Johnson County Board of Supervisors, the Johnson County Attorney, each affected public utility, the Johnson County Council of Governments, and the East Central Iowa Council of Governments; and WHEREAS, the request annexation complies with the Comprehensive Plan; and WHEREAS, the Planning and Zoning Commission has recommended approval of the annexation subject to an agreement pertaining to City water and sewer service and fire hydrants; and WHEREAS, the applicant has submitted and signed an acceptable agreement, which is attached hereto, pertaining to City water and sewer service and fire hydrants, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The following described land should be annexed to the City of Iowa City: A PORTION OF THE NORTHWEST ONE-QUARTER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA, THE BOUNDARIES OF WHICH ARE DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE § WEST OF THE 5TM P.M. JOHNSON COUNTY, IOWA, THENCE S00°35'42"W, ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 7, A DISTANCE OF 964.84 FEET; THENCE N76°36'52"E, 916.97 FEET; THENCE S01°19'52"W, 324.75 FEET, TO THE POINT OF BEGINNING; THENCE S68°40'06"E, 325.96 FEET; THENCE S01°19'52"W, 404.00 FEET; THENCE N88°40'08"W, 432.00 FEET; THENCE N01°19'52"E, 404.00 FEET; THENCE S88°40'08"E, 106.04 FEET, TO THE SAID POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 4.01 ACRES AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 2. The Mayor is authorized to sign and the City Clerk to attest the attached Annexation Agreement. 3. The City Clerk is hereby authorized and directed to certify, file, and record all necessary documents as required by Iowa law under Section 368.7 (2001) at applicant's expense. Resolution No. 02-46 Page 2 4. Further, the City Clerk is authorized and directed to certify and file all necessary documents for certification of the population of the annexed territory to Johnson County and the State Treasurer, said population being seventy-eight (78). Passed and approved this ~th day of ~L~~~ MAYOR CIT'~LERK City Attorney's Office ppdadmin~reslwavedyannex doc Resolution No. 02-46 Page 3 It was moved by Wil burn and seconded by 0~Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman ;~ O'Oonnell ' X Pfab X Vanderhoef X Wilburn ANNEXATION AGREEMENT This Annexation Agreement is entered into this 2002 by and between the City of Iowa City, · ..... Iowa, a municipal corporation ( City ), and the Waverley Group, Inc., d/b/a Iowa City Rehabilitation and Health Care Center ("Iowa City Care Center"). WHEREAS, the Iowa City Care Center is located at 4635 Herbert Hoover Highway SE on approximately four acres of property, hereinafter described, which is contiguous to the City limits of City (the "Property"); and WHEREAS, the Iowa City Care Center desires that the Property be voluntarily annexed into City; and WHEREAS, the City desires to annex the Property, and in consideration of such annexation the Iowa City Care Center is willing to take certain steps related to the provision of City services and infrastructure to the Property. NOW, THEREFORE, the parties agree as follows: 1. Property. The Iowa City Care Center represents and warrants that it is the owner of 4.01 acres located at 4635 Herbert Hoover Highway SE, Iowa City, Iowa, and legally described on the plat attached as Exhibit A. The parties agree and stipulate that the Property is contiguous to the city limits of City. 2. Voluntary Annexation. In consideration of City's annexation of the Property pursuant to the application for voluntary annexation filed by the Iowa City Care Center on November 15, 2001, the Iowa City Care Center agrees to the terms and conditions described in paragraph 3 of this Agreement. 3. Terms and Conditions. The Iowa City Care Center acknowledges that City sanitary sewer is not yet available to the Property. The Iowa City Care Center further acknowledges that City water is available to the Property. The Iowa City Care Center hereby agrees: a. To connect to City water service within five years following annexation. b. To install fire hydrants per the City Fire Marshal's specifications upon connection to city water service. c. To connect to the City's sanitary sewer system within twelve (12) months after it becomes available to the Property. 4. Governing Law. This Agreement shall be governed under the laws of the State of Iowa. 5. Entire Agreement. This Agreement constitutes the entire agreement between the parties relative to the annexation of the Property into City. No change, alteration, amendment, modification, or assignment of this Agreement shall be effective unless set forth in writing and signed by all parties. 6. Agreement Binding on Successors in Interest. The document shall apply to and bind the heirs, executors, administrators, partners, assigns, and successors in interest of the respective parties. THE WAVERLEY GROUP, INC. d/b/a Iowa City Rehabilitation and Health Care Center CITY OF IOWA CITY, IOWA By' Ernest W. Lehm~a~, Mayor Mari~n K. Karr, City Clerk · ~'gr~Y ~orney's Office 2 ACKNOWLEDGEMENTS STATE OF MISSISSIPPI ) )SS: .~ ~:~,.~ COUNTY ) On this/P day of~ 2002, before me, the undersigned, a Notary Public in and for the State of Mississippi, personally appeared~c~a~and ~ t~ ~ to me personally known, who, being by me duly~~sworn, klid say that the~'~are the ~ and ~ respectively, of the corporation executing the foregoing instrument; that the instrument was signed on behalf of the corporation by authority of its Board of Directors; that C~a~.~~and ~cknowledged the execution of the instrument to be the act voluntary and d~eed of the corporation and of the fiduciary, by it, by them and as the fiduciary voluntarily executed. Notary Public in and for the State of Mississippi NOTARY PUBLIC STATE OF MISSISSIPPI AT LARGE MY COMMISSION {,'~!?~¢ES: Apr. 30, 2003 STATE OF IOWA ) SS: JOHNSON COUNTY ) On this 5 Cb day of ~-e }~r'~lar- ~ ,2002, before me, the undersigned, a Notary Public in and for said County, in said ~tate, 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 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 Ernest W. Lehman 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. ~o~.ff. SONDRAE FORT Cemmission Number 159791 : ~[" My Commission_E_xpires ~Oll~n~c~ ~-~T-'I~ ~ .3- 7- c.~ Notary Public in and for the State of Iowa 3 Prepared by: Robert Miklo, PCD, 410 E. Washington St., Iowa City, IA 52240; 319-356-5240 (ANN 01-00005) RESOLUTION NO. RESOLUTION APPROVING THE ANNEXATION OF 4.01 ACRES OF PROPERTY LOCATED SOUTH OF HERBERT HOOVER HIGHWAY. WHEREAS, the owner, TF~e Waverly Group, has requested annexation of the 4.01 acre tract into the City of Iowa City; and ~. WHEREAS, pursuant to Code Section 368.5 and 368.7 (2001), notice of the application for annexation ' certified mail to the of Supervisors, the Johnson affected public utili the Johnson County Council of Governments, and owa and WHEREAS, the request annexation, nplies with the (: ~rehensive Plan; and WHEREAS, the Planning and Zoning approval of the annexation subject to an agreement pedaining service and fire hydrants; and WHEREAS, the applicant has submitted agreement pertaining to City water and sewer service and fire hydrants. NOW, THEREFORE, BE IT RESOLVED THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The following described land should be a exed to the City of Iowa City: A PORTION OF THE NORTHWEST ONE-C SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE FIFTH PRINCIPAL ,,IERIDIAN, JOHNSON COUNTY, IOWA, THE BOUNDARIES OF WHICH ARE DESCRIBED AS COMMENCING AT THE NORTHWEST )F SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE 5TM P.M. JOHNSON IOWA, THENCE S00°35'42"W, ALONG THE WEST LINE OF THE NORTHWEST )F SAID SECTION 7, A DISTANCE OF 964.84 FEET; THENCE N76°36'52"E, 916.97 FEET; ENCE S01°19'52"W, 324.75 FEET, TO THE POINT OF BEGINNING; THENCE S88°40'08"E, FEET; THENCE S01°19'52"W, 404.00 FEET; THENCE N88°40'08"W, 432.00 FEET; THENCE )1°19'52"E, 404.00 FEET; THENCE S88°40'O8"E, 106.04 FEET, TO THE SAID POINT OF INNING. SAID TRACT OF LAND CONTAINS 4.01 ACRES AND IS SUBJECT TO NTS AND RESTRICTIONS OF RECORD. /' 2. The City Clerk is hereby authorized and directed to certify, record all necessary documents as required by Iowa law under Section 368.7 (2001) at applicant's expense. 3. Further, the City Clerk is authorized and directed to certify and file all necessary documents for certification of the population of the annexed territory to Johnson County and the State Treasurer. Resolution No. Page 2 Passed and approved this day of ,20 MAYO R by ATTEST: ! CITY CLERK / / Prepared by: John Yapp, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 (SUB01-00033) RESOLUTION NO. 02-47 RESOLUTION APPROVING FINAL PLAT OF DEAN OAKES SIXTH ADDITION, IOWA CITY, IOWA. WHEREAS, the owner, Oakes Construction, Inc., filed with the City Clerk the final plat of Dean Oakes Sixth 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: Beginning at the Northwest Corner of Dean Oakes Fifth Addition, in accordance with the Plat thereof Recorded in Plat Book 35 at Page 296, Thence S07°16'31", along the West Line of said Dean Oakes Fifth Addition, 127.75 feet; Thence Northwesterly, 26.64 feet, along said West Line on a 1676.74 foot radius curve, concave Southwesterly, whose 26.64 foot chord bears N83°10'49"W; Thence S06°21'53"W, along said West Line, 90.29 feet, to the Southwest Corner thereof, and a Point on the North Line of Dean Oakes Second Addition, in accordance with the Plat thereof Recorded in Plat Book 30, at Page 18, of the Records of the Johnson County Recorder's Office; Thence S00°38'48"W, along said North Line, 108.00 feet; Thence S89°08'51"W, along said North Line, 192.99 feet; Thence S57°59'59"W, along sold North Line, 240.00 feet to the Westerly Most Corner thereof, and a Point on the North Line of Dean Oakes Third Addition, in accordance with the Plat thereof Recorded in Plat Book 25, at Page 19, of the Records of the Johnson County Recorder's Office; Thence S87°10'32"W, along the North Line of said Dean Oakes Third Addition, 261.73 feet; Thence N85°ll'39"W, along said North Line, 345.00 feet, to the Northwest Corner thereof; Thence S04°30'30"W, along the West Line of said Dean Oakes Addition, 365.49 Feet; Thence S89°20'39"E, along said West Line, 58.51 feet; Thence S00°39'21"W, along said West Line, 126,58 feet, to its intersection with the North Line of a Parcel of Land Conveyed by Warranty Deed recorded in Book 1131, at Page 7, of the Records of the Johnson County Recorder's Office; Thence N89°31'01"W, along said North Line, 249.44 feet, to its intersection with the East Line of a Plat of Survey, in accordance with the Plat thereof recorded in Plat Book 26, at Page 24, of the Records of the Johnson County Recorder's Office; Thence N00°17'59"E, along s~id East Line, 309.89 feet, to the Northeaster Corner thereof, and the Southeast Corner of Miller Subdivision, in accordance with the Plat thereof Recorded In Plat Book 4, at Page 375, of the Records of the Johnson County Recorder's Office; Thence N00°17'59"E, along the East Line of said Miller Subdivision, and the "North Tract", of a "Survey and Subdivision of Tract IN NE ¼ NE ¼ SECTION 3-T79N-R6W", in accordance with the Plat thereof Recorded in Plot Book 16, at Page 59, of the Records of the Johnson County Recorder's Office, 601.10 feet, to the Northwest Corner of Section 2, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence N87°52'02"W, 9.40 feet, to the Southeast Corner of a Tract of Land conveyed by Warranty Deed, as Recorded in Book 1070 at Page 207, of the Records of the Johnson County Recorder's Office; Thence N00°17'46"E, along the East Line of said Conveyed Tract, 327.47 feet, to its intersection with the Southerly Right of Way Line Resolution No. 02-47 Page 2 of U.S. Interstate No. 80; Thence S86°30'09"E, along said Southerly Right of Way Line, 1214.50 feet, to a Point 230.0 feet normally distant Southerly of Centerline Station 981+00; Thence N85°54'10"E, along said Southerly Right-of-Way Line, 605.31 feet, to a Point 150.0 feet normally distant Southerly of Centerline Station 987+00; Thence S77'°41'56'E, along said Southerly Right of Way Line, 392.04 feet; Thence S07°45'54"E, 229.57 feet, to the Nodheast Corner of said Dean Oakes Fifth Addition; Thence N88°02'12"W, along the North Line of said Dean Oakes Fifth Addition, 788.90 feet, to the Point of Beginning. Said Tract land contains 30.11 acres, more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2001) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets, easements and public open space as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety 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 Paw. 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 ownedsubdivider. Passed and approved this 5th day of Febr'2Aaf'~' ,20 02 . Approved by (~I'T~LERK Ei[y ~,t(orne~s O"'~'~e Resolution No. 02-47 Page 3 It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: (7/0 In acc§~:with Resolution 00-117 X Champion Abstention is consider X Kanner ed an affirmative vote X Lehman X O'Donnell Pfab X X Vanderhoef X Wilbum ppdadmin~res~oakes.doc Prepared by: Andrew Chappell, Assistant County A'~omey, P,O. Bo~ 2450, iowa Ci~, IA 52244, 319.339.6100 KESOLUTION NO. 02-48 RESOLUTION ASSESSING SB00.00 CIV1L PENALTY AOAINST DEADWOOD TAVERN WHEREAS, on May 21, 2001, Amanda Nichole Pareish was convicted/pled guilty in Johnson County District Couxt, Docket No. STIC107007 of viohtlng Jows Code § 453A.2(1 ); and WHEREAS, at the time of the violation underlying the above conviction/plea, Parrish was an employee of thc esmbhshmcnt operetmg under the retail cigarette permit issued to Deadwood Tavern, 6 Dubuqu~ Street, Iowa City; and WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit shall be subjected to a civil p~nalty of $300.00 as a result of its employee being convicted of or pleading guilty to a violation of Iowa Code § 453A.2(1), after a hearing and proper notice; and WHEREAS, a hearing was held on this date by the City Council to determine whether to assess the civil penalty against Deadwood Tavern and at said besting the City Council heard the facts of the violation and the arguments of the permitee; and WHEREAS, this violation occurred prior to any other civil penalties were assessed against Deadwood Tavern by the City Council under Iowa Code § 453A.22(2). NOW, THEREFORE, BE 1T RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council, after notice and hearing, and pursuant to Iowa Code § 453A.22(2) hereby imposes a civil penalty in the amount of $300.00 against Deadwood Tavern. BE IT FURTHER RESOLVED, that said retail cigarette permitee has twcmy (20) days from the date of this Kesolufion to pay the civil penal~y in full, and if the civil penalty is not thnely paid the retail cigarcue permit held by the pcrmitee shall amomatically be suspended for a period of fourteen (14) days. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Iohnson County Attorney's Office, which wi[1 then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: Febt'~avv ~: ?002 Mayor, City of Iowa City City ~9~1c, City of lowa City Resolution No. 02-48 Page 2 It was moved by 0' Donnel 1 and seconded by KannPt- the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman ~ O'Donnell X Pfab X Vanderhoef X Wi lburn Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 02-49 RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM QU1NTON'S BAR & DELI WHEREAS, on May 31, 2001, Leslie Ann Wheeler was convicted/pled guilty in Johnson County District Court, Case No. STIC107013 of violating Iowa Code § 453A.2(1); and WHEREAS, at the time of the violation underlying the above conviction/plea, Wheeler was an employee of the establishment operating under the retail cigarette permit issued to Quinton's Bar & Deli, 215 E. Washington Street, Iowa City; and WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee being convicted of or pleading guilty to a violation of Iowa Code § 453A.2(1), after a hearing and proper notice; and WHEREAS, on February 4, 2002, Quinton's Bar & Deli waived its right to the hearing required by Iowa Code § 453A.22(2) and accepted responsibility for its employee's violation of Iowa Code § 453A.2(1), by paying a $300.00 civil penalty to the City Clerk of the City of Iowa City; and WHEREAS, the violation underlying the above civil penalty is the first such violation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council should accept the waiver of right to hearing and payment of $300.00 civil penalty on behalf of Quinton's Bar & Deli. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: February 5, 2002 ATTEST: City ~ City of Iowa City Resolution No. 02-49 Page 2 It was moved by 0' Donne11 and seconded by Vanderhoef the Resolution be adopted, and upon mil call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell ' X Pfab X Vanderhoef X VVilbum Prepam:l by: Andrew Chappell, Assistant Coanw Attorney, P,O. Box 24f0, Iowa Ci~J, IA 52244, ] I~SOLUTION NO. ,OLUTION ASSESSING $ ~ BAR DELI 31, 2001, Leslie Ann Wheeler was convicted/pie in Johnson County ITIC107013 of violating Iowa Code § and violation underlying Wheeler was an emp under the retail ~ .'o Quinton's Bar & Deli, 215 E. Iowa City; and WHEREAS, ~Code § holds a rgtail cigarette permit shall be subj~ 1 penalty of $300.00 convicted of or pleading guilty m 'Iowa Code §, after a hearing m~d proper notice; and Wt-IEKEAS, a hearing waS t t Council to determine whethor to assess the civil penalty against Quinto~ and at said hearing the City Council heard the facts of the violation and the argumcn~ of the and WHEP,.EAS, ti,ds violation be considered by the City Council § 453A~22(2). NOW, THEREFORE IOWA CITY CITY COUNCIL that the Ci~ hearln ~ Code § 453A.22(2) hereby imposes a civil penalty m ti noum of $300.00 ~ Z Deli. · BE IT that said retail, twenty (20) days from the date of thi, , the civil penalg penalty is not timely paid the retail cigarette shall a period of fourteen (14 BE ti'att the City Clerk will copy of this Resolution to the which will then provide aec of the same w the rotail aim' mai[ sent to the permk holder's mess as it appears on the a pgrmit. ~ / of Iowa City ATTEST: City Clerk, City of Iowa Cit,SX -\ Prepared by: Kumi Morris, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5044 RESOLUTION NO. RESOLUTIO~I AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND '\THE CITY CLERK TO Al-rEST A CONTRACT FOR CONSTRUCTION OF THE IOWA CITY LANDFILL SALVAGE BARN & FURNITURE PROJECT BUILDING PROJECT. WHEREAS, of has submitted the lowest responsible bid of $ 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 , subject to the condition that awardee secure adequate performance and'~ayment bond, insurance certifiCates, and contract compliance program statements. The Mayor is hereby authorized to sign and th~ City Clerk to attest the contract for 2. construction of the above-narr~d project, subie¢~ to the condition that awardee secure adequate performance and payfl~ent bond, insu~ance-~ certificates, and contract compliance program statements, ay~f, Passed and approved this d ,20 /~ OR // Approved by A'I-I'EST:cITY CLERK // City Attorney's Office 9P~9;ng'REs~Jandfillsalvage'd ADVERTISEMENT FOR BIDS IOWA CITY LANDFILL SALVAGE BARN & FURNITURE PROJECT BUILDING PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2 P.M. on the 31st day of January, 2002, 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 / the City Engineer or designee. Bids Jbmitted by fax machine shall not be deemed a // bid" for purposes of this Project. Pro- /, be acted upon by the City Council at a to be held in the Emma J. Harvat Hall at 7:00 on the 5th day of February, 2002, or at such la 'time and place as may be scheduled. involve the following: A D, n-Build Pre-Engineered 4000 S.F. Metal Building for the Iowa City Landfill, Salva the Furniture Project There will meeting held at the IoWa City Landfill Center at 3900 Hebl Avenue, S.W. on ~esday, January 15th, 2002 at 2 P.M. All work is to be in strict compli~i'nce with the plans and PrePared by Engineering Division qe City of .IOwa City, of Iowa City, Iowa, hecetofore been approved an~d are on file for public examination Cf the City Clerk. Each proposal shall be on a form furnished by the City and mt ~ accompanied in a sealed envelope, from the one containing the proposal, executed :t as a surety in the State of Iowa, ir of the bid. The bid security be made 3le to the TREASURER OF CITY OF CITY, IOWA, and shall forfeited to the Ci Iowa City in the the successful ~ils to enter ten (10) calend~ and ~ to the Cit~ faithful of the contract and nance of ,. Project, if required, r ' ' of this notice and the other contract \ docum< Bid bonds of the lowest two or more bidde may be retained for a period of not to fifteen (15) calendar days until a contract is or until rejection is made. Other bid will be returned after the canvass and s is completed and reported to the 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 Start Date: March 1,2002 End Date: June 15, 2002 $100.00 per day The ~, specifications and proposed contract ,. ay be examined at the office of the City Clerk. )ies of said plans and specifications and form of blanks may be secured at the Office of the Division of the City of .' Iowa City, 410 Street, Iowa City ,." Iowa, by bona No fee is each set of plans and specifications to bidders or other / interested persons. Prospective bidders that the City of Iowa City desires to err minority contractors and subcontractors on Cit, acts. Bidders shall list on the of Proposal the names of persons, firms, or parties with whom the bidder nds to sul tract. This list shall include th~ approximate subcontract The Contractor awarded the shall submit a list on the Form of of the proposed subcontractors, togethE uantifies, unit prices and extended doll; s. If no minority business the Contractor shall f of all reasonable, good faith A listing of minority can be from the Iowa of Econ, r~ic Development at I ~ 242-4721. B~ preference will given to prodL provisions grown and produced the State of Iowa, and to domestic to the extent lawfully under Statutes. The Iowa Reciprocal pplies to the contract with respect to bic ~re not Iowa residents. City reserves the right to reject any or all and also reserves the right to waive ularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK pweng\masters~adbids.dcc 9/99 ADVERTISEMENT FOR BIDS IOWA CITY LANDFILL SALVAGE BARN & FURNITURE PROJECT BUILDING PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2 P.M. on the 12th day of February, 2002, 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 Emma J. Harvat Hall at 7:00 P.M. on the 19th day of February, 2002, or at such later time and place as may be scheduled. The Project will involve the following: A Design-Build Pre-Engineered 4000 S.F. Metal Storage Building for the Iowa City Landfill, Salvage Barn and the Furniture Project All work is to be done in strict compliance with the plans and specifications prepared by Engineering Division of 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 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 per[od 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: Specified Stad Date: March 1, 2002 Specified End Date: June 15, 2002 Liquidated Damages: $100.00 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of the Engineering Division of the City of Iowa City, 410 E. Washington Street, Iowa City Iowa, by bona fide bidders. No fee is required for each set of plans and specifications provided to bidders or other interested persons. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other padies 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. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documentation of all reasonable, good faith effods 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. MARIAN K. KARR, CITY CLERK pweng~masters~adblds doc 9/99 Prepared by: Kim Shera, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5437 RESOLUTION NO. 02-50 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE SCOTT BOULEVARD EXTENSION - ACT TO ROCHESTER AVENUE, F/K/A SCOTT BOULEVARD EXTENSION PHASE IV PROJECT, WHEREAS, Peterson Contractors, Inc. of Reinbeck, Iowa has submitted the lowest responsible bid of $2,509,665.32 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 Peterson Contractors, 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 5th day of February ,20 02 MAYOR Approved by CITY-CLERK C ~/~'r n'e y' st~O ffi ce It was moved by 0' Donne.l ] and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AVl:S: NAYg: ABgI:NT: X Champion x Kanner X Lehman X O'Donnell X Pfab × Vanderhoef X Wilburn ADVERTISEMENT FOR BIDS SCOFF BOULEVARD EXTENSION - ACT TO ROCHESTER AVENUE PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 29th day of January, 2002, 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 a meeting to be held in the Emma J. Harvat Hall at the Civic Center at 7:00 P.M. on the 5th day of February, 2002, or at such later time and place as may be scheduled. The Project will involve the following: 1. Construction of approximately 5,400 linear feet of arterial roadway improvements. 2. Construction of approximately 250 linear feet of a twin 12'x12' Reinforced Concrete Box with aprons. 3. Construction of Approximately 200 linear feet of 10'x10' Reinforced Concrete Box Pedestrian Tunnel with aprons. 4. Grading and planting of approximately 3.5 acre Wetland Remediation Area. 5. Construction of approximately 340 linear feet of sanitary sewer pipe. The work included is clearing and grubbing, topsoil stripping, stockpiling and respreading, roadway embankment construction, wetland remediation grading and planting, building and pavement removals, reinforced concrete box culverts, storm sewers, intakes, sanitary sewer improvements, granular sub-base, longitudinal subdrains, P.C. concrete pavement, finish grading, fertilizing, seeding mulching, temporary and permanent field fence installation, temporary and permanent erosion control systems, pavement marking and symbols, street signs, temporary traffic control and all related incidentals. All work is to be done in strict 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 completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one AF-i 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 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 one (1) to five (5) year(s) from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Specified Completion Dates: Phase 1 - May 15, 2002 Liquidated Damages/Incantive: $500 per calendar day Phase II - September 5, 2002 Liquidated Damages/incentive: $200 per calendar day Phase III - October 31, 2002 Liquidated Damages/Incentive: $1,200 per calendar day Phase IV - December 1,2002 The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifl- cations and form of proposal blanks may be secured at the Office of Shoemaker & Haaland Professional Engineers, Coralville, Iowa, by bona fide bidders. A $100.00 plan deposit with $40.00 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 AF-2 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 Tuesday, January 22, 2002, at 10:30 a.m. Bidders are encouraged to attend to meet with the design engineer and city representatives to discuss project requirements. 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 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 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. MARIAN K. KARR, CITY CLERK AF-3