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HomeMy WebLinkAbout2014-06-10 Resolution06 -10 -14 2a(1) Prepared by: Susan Dulek, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 14 -181 RESOLUTION SETTING A PUBLIC HEARING FOR JUNE 17, 2014 TO CONSIDER A PROPOSAL TO DEDICATE LOT 2 IN RYERSON'S WOODS AS A STATE PRESERVE. WHEREAS, the City owns Lot 2 in Ryerson's Woods subdivision, which is approximately 49 acres of park land located south of the fairgrounds on old Highway 218 in Johnson County; WHEREAS, staff recommends dedicating the land as a "state preserve," which will restrict development on the land; WHEREAS, by the City dedicating the land as a preserve, the State of Iowa will hold the property in trust, and the City will not be able to convey it except for public use and upon approval by the State Preserves Advisory Board; WHEREAS, it will be known as Ryerson's Woods State Preserve; and WHEREAS, Council should hold a public hearing on the proposed dedication. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council does hereby declare its intent to dedicate Lot 2 of Ryerson's Woods, a subdivision in Johnson County, Iowa, to the State of Iowa as a preserve pursuant to Chapter 465C of the Code of Iowa. 2. A public hearing on said proposed agreement should be and is hereby set for June 17, 2014 at 7:00 p.m. in Emma J. 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. The City Clerk is hereby directed to cause notice of public hearing to be published as provided by law. r ' „ Passed and approved this 10th day of ;Tithe 2014. MAYOR ATTEST: /Z",) CITY C'ERK Approved City Attorney's Office -/1� Resolution No. Page 2 14 -181 It was moved by Dickens and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: DAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton Prepared by: Denny Gannon, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319)356 -5142 RESOLUTION NO. 14 -182 RESOLUTION SETTING A PUBLIC HEARING ON JUNE 17, 2014 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MOSS RIDGE ROAD PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. WHEREAS, funds for this project are available in the Moss Ridge Road account # S3802. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 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 17th day of June, 2014, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above -named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above -named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 10th day of June , 2014. MAYOR Approved by ATTEST: CITY CLERK c City Attorney's Office pweng\ma sters \setph. doc 1111 y Resolution No. 14 -182 Page 2 It was moved by Dickens and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton r 2a(2) �9~• A CITY OF IOWA CITY , � RE MEMORANDUM DATE: June 5, 2014 TO: Tom Markus, City Manager FROM: Ron Knoche, City Engineer& RE: Moss Ridge Road Project - June 10, June 17 and July 15, 2014 Introduction: This project will construct the Moss Ridge Road Project. Plans and specifications for this project have been completed by Shive - Hattery, Inc. History /Background: As per the Iowa City Comprehensive Plan, adopted in 1997, the area west of the Pearson property is identified as ideally suited for the expansion of the major employment center that has developed around the Interstate 80 interchange with State Highway 1 and should be preserved for office and research park development. However, because the property is currently landlocked, a public street will need to be extended from Highway 1 to the property west of Pearson in order for it to develop per the Comprehensive Plan. Discussion of Solution: The Moss Ridge Road Project will include the construction of a street from Highway 1 to Moss Ridge Campus at Rapid Creek Preserve, N. Dodge Street / Highway 1 improvements, sidewalk, sanitary sewer, water main, traffic signals, and a storm sewer system. Financial Impact: The estimated construction cost for this project is $4,210,000. It will be funded with General Obligation bond proceeds, tax increment financing, and RISE Grant funds. Recommendation: Staff recommends proceeding with the following schedule for this project: • June 10- Set Public Hearing • June 17 - Hold Public Hearing • July 15 - Award Project cc: Denny Gannon NOTICE TO BIDDERS ANIMAL CARE AND ADOPTION CENTER 2014 PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, before 2:30 P.M. on the 5th day of June 2014. 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 received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 5:00 P.M. on the 10th day of June, 2014, or at a special meeting called for that purpose. The Project will involve the following: the construction of a new freestanding Animal Care and Adoption facility at 3910 Napoleon Lane, in Iowa City, Iowa. The new building will have 9,180 SF occupied space consisting of animal holding, animal support, and office space. The new building will be of wood frame and mason construction. The work includes site work, general building construction, mechanical, electrical, communication, along with security and specialty systems required by owner. A ground source heat pump system is a major portion of the new building's mechanical package. All work is to be done in strict compliance with the plans and specifications prepared by Neumann Monson Architects, 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 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. 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 ) year(s) from and after its com- pletion and formal acceptance by the City Council. The following limitations shall apply to this Project: Specified Final Completion Date: May 4, 2015 Liquidated Damages: $950.00 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 Technigraphics, a division of Rapids Reproductions located at 415 Highland Ave, Suite 100, Iowa City, Iowa 52240, Phone :319- 354 -5950 Fax:319- 354 -8973 Toll -Free 800 - 779 -0093 by bona fide bidders. A $125.00 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 a check, made payable to Technigraphics. The fee will be returned if the plans are returned in unmarked and reusable condition within 15 days of Council Award. A separate and nonrefundable $25.00 shipping and handling fee will apply to plans that are sent through postal mail. 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. 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 /noticetobidders.doc 2b(1) Prepared by: Kumi Morris, Engineering Division, 410 E. Washington St., fowa City, IA 52240 (319)356 -5044 RESOLUTION NO. 14 -183 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE ANIMAL CARE AND ADOPTION CENTER 2014 PROJECT. WHEREAS, Todd Hackett Construction Company of Muscatine, Iowa has submitted the lowest responsible bid of $2,806,900.00 for construction of the above -named project; and WHEREAS, the bid includes the base bid and Alternates #1; and WHEREAS, funds for this project are available in Animal Shelter in CIP account # Y4422. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The contract for the construction of the above -named project for the base bid plus Alternates #1 is hereby awarded to Todd Hackett Construction Company, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign the contract for construction of the above -named project and the Contractor's Bond, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 3. The Police Chief is authorized to execute change orders as they may become necessary in the construction of the above -named project. Passed and approved this 10th day of June 2014. ATTEST: CITY CtERK It was moved by Dickens adopted, and upon roll call there were: MAYOR Approved by skwt k City Attorney's Office (" , S-,( T and seconded by Payne the Resolution be AYES: NAYS: ABSENT: X Botchway X Dickens X Dobyns X Hayek X Mims X Payne X Throgmorton S: \ENG \PW\Resolutions \Project Resolutions\Award ContractWnimal Care and Adoption Center 2014 Project - REBID Award for June 10 2014 council meeting.doc 6/14 2b(2) Prepared by: Dave Panos, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5145 RESOLUTION NO. 14 -184 RESOLUTION AUTHORIZING MAILING AND PUBLICATION OF NOTICE OF INTENT TO COMMENCE PUBLIC IMPROVEMENT PROJECT TO CONSTRUCT THE SYCAMORE STREET - CITY LIMITS TO SOUTH GILBERT STREET, PHASE 1 PROJECT AND TO ACQUIRE PROPERTY FOR THE PROJECT; AND SETTING DATE OF PUBLIC HEARING ON JULY 15, 2014. WHEREAS, under the provisions of Sections 6B.2A and 613.213 of the Iowa Code, a governmental body which proposes to acquire property under power of eminent domain for a public improvement project is required to give notice of intent to commence the project to all property owners whose properties may be acquired in whole or in part for the project; and WHEREAS, the City Council of the City of Iowa City intends to commence Sycamore Street -City Limits to South Gilbert Street, Phase 1 Project, which includes the reconstruction of Sycamore Street from the South City Limits to Lehman Avenue, which project is to be known as the Sycamore Street - City Limits to South Gilbert Street, Phase 1 Project; and WHEREAS, funds for this project are available in the Sycamore Street -City Limits to South Gilbert Street account #S3931. WHEREAS, before the City of Iowa City can proceed with said project, the City Council must: a. Hold a public hearing, providing the opportunity for public input on the question of proceeding with the public improvement and on the acquisition or condemnation of property interests for the project; and b. Adopt a resolution declaring its intent to proceed with said project and authorizing the acquisition of property interests required for the project by negotiation or condemnation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Documentation showing the proposed location of the Sycamore Street -City Limits to South Gilbert Street, Phase 1 Project shall be placed on file in the office of the City Clerk and made available for public viewing. 2. A public hearing on the City's intent to proceed with the Sycamore Street - City Limits to South Gilbert Street, Phase 1 Project, to acquire property rights therefore is to be held on the 15th day of July, 2014, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 3. The Department of Public Works and City Clerk are hereby authorized and directed to cause notice of the City's intent to proceed with said project and authorize the acquisition of property for said project to be mailed and published as required by law with said Notice of Intent to be in substantially the attached form; said publication to be published in a newspaper published Resolution No. 14 -184 Page 2 at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. Passed and approved this 10th day of June , 201_4 . L"-� "I MAYOR Approved by ATTEST: < � (a S ^ r CI C -RK City Attorney's Office It was moved by Dickens adopted, and upon roll call there were: AYES: IN x x x x x pweng /mastersfimprovres.doc 1/11 and seconded by Payne the Resolution be NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne x Throgmorton NOTICE OF INTENT TO ACQUIRE PROPERTY RIGHTS WHICH MAY BE NEEDED FOR Sycamore Street — City Limits to South Gilbert Street, Phase 1 TO: 1 PROSPECT FARMS, A GENERAL PARTNERSHIP 11 TIMOTHY LEHMAN 5376 420TH STREET SE 4715 CANTERBURY CT. IOWA CITY, IA 52240 IOWA CITY, IA 52245 2 MAUREEN GATENS, ANDREW BOCKENSTEDT, 12 PLEASANT VALLEY LP CAITLIN HARRINGTON, ET AL 4295 SYCAMORE STREET 4715 CANTERBURY CT. IOWA CITY, IA 52240 IOWA CITY, IA 52245 3 BARTON AND KIMBERLY HAIGH 13 PLEASANT VALLEY LP 4236 SYCAMORE STREET 1301 S GILBERT STREET IOWA CITY, IA 52240 IOWA CITY, IA 52240 4 PAMELA RODGERS 14 RONALD JENN 4302 DANIEL PLACE SE 4306 DANIEL PLACE SE IOWA CITY, IA 52240 IOWA CITY, IA 52240 5 STEVE PAULSEN 15 PAUL AND BECKY KAEFRING 4303 DANIEL PLACE SE 4312 DANIEL PLACE SE IOWA CITY, IA 52240 IOWA CITY, IA 52240 6 IOWA CITY COMMUNITY SCHOOL DISTRICT 16 VICKI ISSEN 1725 N DODGE STREET 4316 DANIEL PLACE SE IOWA CITY, IA 52245 IOWA CITY, IA 52240 7 TIMOTHY AND KATHLEEN LYNCH 17 JULIUS DUSTERHOFT 4302 MOIRA AVENUE SE 4320 DANIEL PLACE SE IOWA CITY, IA 52240 IOWA CITY, IA 52240 8 ELLIS SHULTZ 18 RANDY MOORE 4303 MOIRA AVENUE SE 4322 DANIEL PLACE SE IOWA CITY, IA 52240 IOWA CITY, IA 52240 9 DONNA DASHER 19 JOSHUA ADAM 4288 SYCAMORE STREET 4319 DANIEL PLACE SE IOWA CITY, IA 52240 IOWA CITY, IA 52240 10 MAKADA DEVELOPMENT ASSOC. 20 TONY KLEIN 4320 MOIRA AVE SE 4322 MOIRA AVENUE IOWA CITY 52240 IOWA CITY, IA 52240 Chapter 6B of the Iowa Code requires a governmental body which proposes to acquire property rights under power of eminent domain for a public improvement project to give notice of the project to all agricultural property owners whose properties may be affected and to hold a public hearing. 1. DESCRIPTION OF THE PROJECT. NOTICE IS HEREBY GIVEN to the above - identified agricultural property owners that the City Council of the City of Iowa City will consider funding of the site - specific design for the Sycamore Street — City Limits to South Gilbert Street, Phase 1 project making the final selection of the route or site location, or acquiring or condemning property rights, if necessary, required for the project. Said project involves reconstruction of Sycamore Street from the south city limit line to Lehman Avenue. The project will also include intersection reconstruction at Lehman Avenue, construction of an intersection at the future McCollister Blvd. crossing, installation of a City fiber ductbank, and installation of a sidewalk along both sides of Sycamore Street. 2. PRIVATE PROPERTY RIGHTS MAY BE ACQUIRED BY NEGOTIATION OR CONDEMNATION. If the above - described project is approved by the City Council, the City may need to acquire property rights for the project improvements. Property rights may include a temporary construction easement, a permanent easement, and /or a fee simple parcel (complete ownership). Upon review of the records of the Johnson County Auditor, it appears that portions of properties owned by the above - identified persons may have to be acquired for the project by the methods described above. The City will attempt to purchase the required property by good faith negotiations. If negotiations are unsuccessful, the City will condemn those property rights which it determines are necessary for the project. The proposed location of the above - described public improvement is shown on documentation which is now on file in the office of the City Clerk and available for public viewing. 3. CITY PROCESS TO DECIDE TO PROCEED WITH THE PROJECT AND TO ACQUIRE PROPERTY RIGHTS; CITY COUNCIL ACTION REQUIRED TO FUND PROJECT. The City has provided funding in its budget for this project, as well as funding to acquire any property rights that may be needed for the project. City staff has analyzed the options for how to proceed with this project and has coordinated project planning with other appropriate agencies. The planning has reached the point where preliminary designs now indicate that certain property rights may need to be acquired. Any public comment will be considered in preparing the final designs, particularly as private property may be affected. In making the decision to fund the site - specific design for the public improvement, to make the final selection of the route or site location, or to acquire or condemn property rights, if necessary, the City Council is required to hold a public hearing, giving persons interested in the proposed project the opportunity to present their views regarding the decision to fund the site - specific designs for the project, make the final selection of the route or site location, or to acquire or condemn, if'necessary, property or an interest in property for the project. The public hearing will be held on the 15th day of July, 2014 in the City Council Chambers, Civic Center, 410 East Washington Street, Iowa City, Iowa, commencing at 7:00 p.m. or, if cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. In order to fund the site - specific design for the public improvement, to make the final selection of the route or site location, or to commence the acquisition or condemnation of property rights, if necessary, for the above - described project, City Council will be required to approve the project and authorize acquisition of private property rights for the project by Council resolution. The City Council is scheduled to consider adoption of a resolution authorizing acquisition of property rights for the above - described project following the public hearing. 2 When an appraisal is required, if the project is approved by the City Council, an appraiser will determine the compensation to be paid for easements and /or property acquired in fee simple. The City will offer no less than the appraised value and will attempt to purchase only the needed property by good faith negotiations. If the City is unable to acquire properties needed for the project by negotiation, the City will acquire those property rights by condemnation. 4. CONTACT PERSON If you have any questions concerning the Sycamore Street — City Limits to South Gilbert Street, Phase 1 Project please contact the following person: Dave Panos City of Iowa City 410 E. Washington Street Iowa City, IA 52240 (319) 356 -5145 5. THIS NOTICE IS FOR INFORMATION ONLY AND IS NOT AN OFFER TO PURCHASE PROPERTY RIGHTS. The City Council of the City of Iowa City, Iowa has not yet determined to undertake the above - described project or to acquire property rights for the project. This Notice does not constitute an offer to purchase property rights. 6. STATEMENT OF RIGHTS. Just as the law grants certain entities the right to acquire private property, you as the owner of property have certain rights. You have the right to: a. Receive just compensation for the taking of property. (Iowa Const., Article I, Section 18) b. An offer to purchase which may not be less than the lowest appraisal of the fair market value of the property. (Iowa Code §§ 66.45, 6654) c. Receive a copy of the appraisal, if an appraisal is required, upon which the acquiring agency's determination of just compensation is based not less than 10 days before being contacted by the acquiring agency's acquisition agent. (Iowa Code §66.45) d. When an appraisal is required, an opportunity to accompany at least one appraiser of the acquiring agency who appraises your property. (Iowa Code §613.54) e. Participate in good faith negotiations with the acquiring agency before the acquiring agency begins condemnation proceedings. (Iowa Code §613.213) f. If you cannot agree on a purchase price with the acquiring agency, a determination of just compensation by an impartial compensation commission 3 and the right to appeal its award to district court. (Iowa Code §§ 6B.4, 6B.7, 6B.14, and 6B.18) g. Payment of the agreed upon purchase price, or if condemned, a deposit of the compensation commission award before you are required to surrender possession of the property. (Iowa Code §§ 6B.25 and 6B.54(11)) h. Reimbursement for expenses incidental to transferring title to the acquiring agency. (Iowa Code §§ 613.33 and 613.54(10)) i. Reimbursement of certain litigation expenses: (1) if the award of the compensation commissioners exceeds 110 percent of the acquiring agency's final offer before condemnation; and (2) if the award on appeal in court is more than the compensation commissioner's award. (Iowa Code §66.33) j. At least 90 days written notice to vacate occupied property. (Iowa Code § 6B.54(4)) k. Relocation services and payments, if you are eligible to receive them, and the right to appeal your eligibility'for and amount of payments. (Iowa Code §316.9) The rights set out in this Statement are not claimed to be a full and complete list or explanation of an owner's rights under the law. They are derived from Iowa Code Chapters 6A, 6B and 316. For a more thorough presentation of an owner's rights, you should refer directly to the Iowa Code or contact an attorney of your choice. Marian X. Karr City Clerk 4