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HomeMy WebLinkAbout2010-04-06 Resolution3c11 Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. l0-106 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his/her filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, having a valid beer, liquor, or wine license/permit, to wit: Caliente Night Club, Inc. - 171 Highway 1 West Passed and approved this 6th day of April , 20 10 /i• " ~~ V /~ ~ w MAYOR Approved by ATTEST: ~c~ ~~, ~,~ti~~~ ~ ~~- CIT CLERK f City Attorney's Office ~ ~~~"' It was moved by Champion and seconded by Resolution be adopted, and upon roll call there were: Wilburn the AYES: NAYS: ABSENT: ~ Bailey _ g Champion x Dickens x Hayek x Mims ~ Wilburn _ x Wright M~~, 3d 1 Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139 RESOLUTION NO. 10-107 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK _~ TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY _. USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER THREE GUYS HOLDINGS, LLP, AND TENANT J.J.G., L.L.C. D/B/A T-SPOONS, FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Three Guys Holdings, LLP, as landlord, and J.J.G., L.L.C., d/b/a T-Spoons, as tenant, applied for a renewal of a temporary use of the public right-of-way agreement at 301 Market St., Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10-3-3; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: The Mayor and City Clerk are hereby authorized and directed to respectively sign the 2010 renewal of License Agreement for.Temporary Use of Public Right-of-Way, copy of which is on file with the Public Works Department. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this 6th day of April , 2010. ~~~- ~'1 ~ MAYOR s ATTEST:, . e C CIT LERK Approved by: 3 ~~ 5^Y~, City Attorney's Office Resolution No. 10-107 Page 2 It was moved by champion and seconded by wil b „-„ the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey ~ Champion _ ~ Dickens _ x Hayek x Mims x Wilburn x Wright wpdata/glossarylresolution-ic.doc M~ 3d 2 Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139 RESOLUTION NO. 10-108 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER UNIVERSITY VIEW PARTNERS, AND TENANT TAKANAMI LLC D/B1A TAKANAMI, FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, University View Partners, as landlord, and Takanami LLC, d/b/a Takanami, as tenant, applied for a renewal of a temporary use of the public right-of-way agreement at 219 Iowa Ave., Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10-3-3; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: The Mayor and City Clerk are hereby authorized and directed to respectively sign the 2010 renewal of License Agreement for Temporary Use of Public Right-of-Way, copy of which is on file with the Public Works Department. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this 6th day of April , 2010. ~] MAYOR ATTEST: / CI CLERK Approved by: ~~~~~ ~ ` t g' ~ tc. City Attorney's Office Resolution No. l0-l08 Page 2 It was moved by Champion and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x ~._ x x _ ~ x Bailey Champion Dickens Hayek Mims Wilburn Wright wpdata/glossary/resolution-ic.doc ~~ 3d 3 Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139 RESOLUTION NO. 10-109 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER LAURENCE SHORT, ET AL, AND TENANT SHORT'S BURGER AND SHINE LLC D/B/A SHORT'S BURGER AND SHINE, FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Laurence Short, Et AI, as landlord, and Short's Burger and Shine LLC, d/b/a Short's Burger and Shine, as tenant, applied for a renewal of a temporary use of the public right-of-way agreement at 18 S. Clinton St., Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10-3-3; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: The Mayor and City Clerk are hereby authorized and directed to respectively sign the 2010 renewal of License Agreement for Temporary Use of Public Right-of-Way, copy of which is on file with the Public Works Department. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this 6th day of April , 2010. ATTEST: ~.,,~ • ~f~ CI CLERK /~.- ~'/ . MAYOR Approved b City Attorney's Office Resolution No. 10-109 Page 2 It was moved by ~am~~ on and seconded by adopted, and upon roll call there were: Wilburn the Resolution be AYES: NAYS: ABSENT: x Bailey x Champion X Dickens x Hayek ~ Mims _ x Wilburn x Wright wpdata/glossary/resolution-ic.doc U4-Uti-7 U ~~ 3d 4 Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139 RESOLUTION NO. 10-110 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MARC MOEN ET AL, AND TENANT LINN STREET CAFE INC. D/B/A LINN STREET CAFE, FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Marc Moen et al, as landlord, and Linn Street Cafe Inc., d/b/a Linn Street Cafe, as tenant, applied for a renewal of a temporary use of the public right-of-way agreement at 121 N. Linn St., Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10-3-3; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: The Mayor and City Clerk are hereby authorized and directed to respectively sign the 2010 renewal of License Agreement for Temporary Use of Public Right-of-Way, copy of which is on file with the Public Works Department. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this 6th day of April , 2010. MAYOR ATTEST: "~' CIT CLERK Approved by: City Attorney's Office Resolution No. 10-110 Page 2 It was moved by champion and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: x ~- x x x x x NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright wpdatalglossary!resolution-ic.doc ~ 3d 5 Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139 RESOLUTION NO. 10-111 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER BILL MIHALOPOULOS, AND TENANT ATLAS WORLD GRILL, INC.D/B/A ATLAS WORLD GRILL, FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Bill Mihalopoulos, as landlord, and Atlas World Grill, Inc, d/b/a Atlas World Grill, as tenant, applied for a renewal of a temporary use of the public right-of-way agreement at 127 Iowa Ave., Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10-3-3; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: The Mayor and City Clerk are hereby authorized and directed to respectively sign the 2010 renewal of License Agreement for Temporary Use of Public Right-of-Way, copy of which is on file with the Public Works Department. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this 6th day of April , 2010. MAYOR ATTEST: ,J ~~~ CIT - LERK Approved by: City Attorney's Office Resolution No. 10-111 Page 2 It was moved by Champion and seconded by wiiburn the Resolution be adopted, and upon roll call there were: AYES: x x _~_ x x x x NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright wpdata/glossary/resolution-ic.doc ^"~~ sa s Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., -owa City, IA (319)356-5139 RESOLUTION NO. 10-112 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER UNIVERSITY VIEW PARTNERS, AND TENANT DAWIT'S RESTAURANT, INC D/B/A DAVID'S PLACE, FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, University View Partners, as landlord, and Dawit's Restaurant, Inc, d/b/a David's Place, as tenant, applied for a renewal of a temporary use of the public right-of-way agreement at 100 S. Linn St., Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10-3-3; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: The Mayor and City Clerk are hereby authorized and directed to respectively sign the 2010 renewal of License Agreement for Temporary Use of Public Right-of-Way, copy of which is on file with the Public Works Department. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this 6th day of April , 2010. / ~1 MAYOR ATTEST: - y CIT 'ELERK Approved by: City Attorney's Office Resolution No. 10-112 Page 2 It was moved by Champion and seconded by wiiburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x ~_ x x ~_ x x Bailey Champion Dickens Hayek Mims Wilburn Wright wpdata/glossary/resolution-ic.doc M~-~ - - 3d(7) Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139 RESOLUTION NO. 10-113 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MAUREEN MONDANARO, AND TENANT SALOON OF IOWA CITY, L.C. D/B/A SALOON, FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Maureen Mondanaro, as landlord, and Saloon of Iowa City, L.C., d/b/a Saloon, as tenant, applied for a renewal of a temporary use of the public right-of-way agreement at 112 College St., Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10-3-3; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. The Mayor and City Clerk are hereby authorized and directed to respectively sign the 2010 renewal of License Agreement for Temporary Use of Public Right-of-Way, copy of which is on file with the Public Works Department. , 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this 6th day of April , 2010. MAYOR ATTEST: CI CLERK ~ Approved by: City Attorney's Office Resolution No. 10-113 Page 2 It was moved by Champion and seconded by wiiburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x ~_ x ~_ x x Bailey Champion Dickens Hayek Mims Wilburn Wright wpdatalglossary/resolution-ic.doc `~`"b sd a Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139 RESOLUTION NO. 10-114 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MAUREEN MONDANARO, AND TENANT GIVANNI'S OF IOWA CITY D/B/A GIVANNI'S, FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Maureen Mondanaro, as landlord, and Givanni's of Iowa City, d/b/a Givanni's, as tenant, applied for a renewal of a temporary use of the public right-of-way agreement at 109 College St., Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10-3-3; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: The Mayor and City Clerk are hereby authorized and directed to respectively sign the 2010 renewal of License Agreement for Temporary Use of Public Right-of-Way, copy of which is on-file with the Public Works Department. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this 6th day of April , 2010. /-aGle~,c 1°~7 MAYOR ATTEST: CIT CLERK Approved by: City Attorney's Office Resolution No. 10-114 Page 2 It was moved by Champion and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS:. ABSENT: x Bailey ~ Champion _ x Dickens x Hayek x Mims x Wilburn ~_ Wright wpdata/glossarylresolution-ic.doc 04-06-10 M~. 3d 9 Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139 RESOLUTION NO. 10-115 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER THREE GUYS HOLDINGS LLP, AND TENANT CORNER OF THE MEADOW, INC. D/B/A MOTLEY COW CAFE, FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Three Guys Holdings LLP, as landlord, and Corner of the Meadow, Inc., d/b/a Motley Cow Cafe, as tenant, applied for a renewal of a temporary use of the public right-of-way agreement at 160 N. Linn St., Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10-3-3; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: The Mayor and City Clerk are hereby authorized and directed to respectively sign the 2010 renewal of License Agreement for Temporary Use of Public Right-of-Way, copy of which is on file with the Public Works Department. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this 6th day of April , 2010. ' !~` ~ A MAYOR ATTEST: CIT ERK Approved City Attorney's Office Resolution No. 10-115 Page 2 It was moved by Champion and seconded by Wi lhiirn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~_ Bailey x Champion X Dickens ~_ Hayek x Mims ~_ Wilburn ~_ Wright wpdatalglossary/resolution-ic. doc M~`~ ~~ Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 (SUB10-00001) RESOLUTION NO. 10-116 RESOLUTION APPROVING FINAL PLAT OF WAL-MART SUBDIVISION, IOWA CITY, IOWA. WHEREAS, the owner, Wal-Mart Reality Company, filed with the City Clerk the final plat of Wal-Mart Subdivision, 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: Auditor's Parcel 2008103, Johnson County, Iowa, in accordance with the Plat thereof recorded in Book 53, at Page 269, in the records of the Johnson County Recorder's Office, containing 25.16 acres and subject to the 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, a dedication of certain easements 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 (2009) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 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 easements as provided by law and specifically sets aside portions of the dedicated easements as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Resolution No. ~ 116 Page 2 Passed and approved this 6th day of April , 20 l0 ~~'tti~,, MAYOR Approved by ATTEST: ~~" ~``' CIT ERK City Attorney's Office c..~ ~~ ~ ~ It was moved by Bailey and seconded by adopted, and upon roll call there were: Wilburn the Resolution be AYES: NAYS: ABSENT: x Bailey x Champion ~_ Dickens ~ Hayek x Mims x Wilburn ~_ Wright I pcdttemplates/Wal-Mart Final Plat - Resolution.docWal-Mart-FinaF-Rlat--Resolation:docF+nal-P4at--~iesolution:doe.doc ~~. 1' STAFF REPORT To: City Council Prepared by: Robert Miklo Item: SUB10-00001 Date: April 1, 2010 Wal-Mart Subdivision GENERAL INFORMATION: Applicant: Wal-Mart Stores, Inc. P.O. Box 8050 Bentonville, AR 72716-8050 Contact Person: Dennis Mitchell 122 S. Linn Street Iowa City, IA 52240 Requested Action: Final Plat Purpose: To create 3 commercial lots Location: 1001 Highway 1 West Size: 25.16 acres Existing Land Use and Zoning: Commercial (CC-2) Surrounding Land Use and Zoning: North: Commercial - CC-2 and CI-1 South: Undeveloped Airport - CI-1 and P1 East: Commercial -CI-1 West: Undeveloped - CI-1 Comprehensive Plan: South Central District -Commercial File Date: March 17 2010 60-Day Limitation Period: May 16, 2010 BACKGROUND INFORMATION: In January, the City Council approved amendments to the Conditional Zoning Agreement (CZA) and a preliminary plat for Wal-Mart to allow the reconfiguration of the previously approved plan. The preliminary plat allows fora 3-lot subdivision with one large lot for the Wal-Mart store and two approximately 46,000 square foot lots in the western part of their property. These lots would be sold for future development. ANALYSIS: The final plat is in general conformance with the approved preliminary plat and the subdivision regulations. Construction plans are being reviewed by the City Engineer. The City Attorney's Office is reviewing the legal papers. It is anticipated that staff will approve these documents prior 2 to the April 6 City Council meeting. STAFF RECOMMENDATION: Staff recommends that SU610-00001, a final plat for Wal-Mart Subdivision, a 3-lot, 25.16-acre commercial subdivision located at 1001 Highway 1 West, be approved provided that legal papers and construction drawings have been approved. ATTACHMENTS: 1. Location Map 2. Final Plat ~-- ,9 j~ ~--~ ~y/ / ~ /2~,-~ C `~ Approved by: `l ~"--- Jeff Davidson, Director, Department of Planning and Community Development PCD\Staff Reports\sub09-00008 wal-mart.final. doc.doc ` C11 ~~ b0. ~~~ ~~ ~~~~<~ ~F~ ~~~ Y aA $°^^-~8~ / ~1~~9} i~Fe`ad i & - 0 _ ~~~ -~ ® ~ 9 S a~ --------- ~ ~ O ---------- -- -- h'°~.w~'~' a ~ U yes $5 ~~ 3 Z ~-' ~ ps~~ ~5~~ e ~ ~ o ~Ra ~~~~ ~~ ~~~ ~ s• ~33 ~•~4 ,' . §~ ~ .~~~~ ;~ %~'; ;/ -'.F i j' _ {~( I j~ // i r• i i i ~ ~ ~ n ®~~ ~~ $~ a ~ ,, ~~ `~ ~;~ \';~' ~ 4, ~~a \~`~. ~~ ~~, ~ g \. 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J SITU. LO~A'I"ION: ~f~[~I Hi~t~u-a~F 1 ~T~st SLTI3a~~p~00~ r.,_.~ _.:._m I V a L I' .;i I' I( -~ (;ITI IOTta ~~ m~~ f .. ,. ~ oU~ E _ _,~e ~ e . rN~.. F ~ AA # T. FQ ~;z r crn w~c.nw.~s L'~ll 1'LhNN},Hy t ~n r r cas I;~NI F h„HII4f; ': fl'.PW IF I~l -F~;'I~.II'-T I FINAL PLAT WAL-MART SUBDIVISION Inv~rn r.ITv JOHNSON COUNTY InVlh Ln:as cnmsuira+rts. a.a. .. n 16- 5n'I~I OOS „ Mlo~ 5 Prepared by: Jason Havel, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5410 RESOLUTION NO. 10-117 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2010 MUSCATINE AVENUE WATER MAIN REPLACEMENT PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not more than 45 days before the date for filing the bids, for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 2:30 P.M. on the 4th day of May, 2010. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 10th day of May, 2010, or at a special meeting called for that pur- pose. Passed and approved this 6th day of April , 2010 ~-~ Sfl _ MAYOR Approved by ATTEST: ,r ~ CITY ERK City Attorney's Office 3~3d ~fD pwengVes/2010muscave watermain appp&s.doc 3/10 Resolution No. 10-117 Page 2 It was moved by Wilburn and seconded by wr~gnt the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey g Champion x Dickens g Hayek x Mims x Wilburn x Wright wpdata/glossary/resolution-ic. doc ~~~ Prepared by: Dave Panos, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 RESOLUTION NO. 10-118 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SYCAMORE STREET FROM LANGENBERG AVENUE TO U.S. HIGHWAY 6 IMPROVEMENTS PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not more than 45 days before the date for filing the bids, for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 10:00 A.m. on the 28th day of April, 2010. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meetin~, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 10 day of May, 2010, or at a special meeting called for that purpose. Passed and approved this 6th day of April , 20 10 MAYOR ATTEST: - Ste(' CIT LERK Appr ved by . ~~y~~ City Attorney's Office pwengVes/sycamore-Iangenberg appp&s.doc 3/10 Resolution No. 10-118 Page Z It was moved by Bailev and seconded by wrignt the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Dickens g Hayek x Mims g Wilburn x Wright wpdatalgtossarylresolution-ic. doc ,~ Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139 RESOLUTION NO. 10-119 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER PLAZA TOWERS LLC, AND TENANT ETRE PLAZA TOWERS RESTAURANT LLC, D/B/A FORMOSA ASIAN CUISINE, FOR A SIDEWALK CAFE.. WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Plaza Towers LLC, as landlord, and Etre Plaza Towers Restaurant LLC, d/b/a Formosa Asian Cuisine, as tenant, applied for a temporary use of the public right-of-way at 241 College Street, Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10-3-3; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; and WHEREAS, it is in the public interest to set forth the conditions regarding such use of the public right-of-way, as enumerated in the License Agreement for Temporary Use of Public Right-of- Way (hereinafter "license agreement"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. The Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said license agreement, copy of which is on file with the Public Works Department. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this 6th day of April , 2010. MAYOR ATTEST: ~ ~ Q~ CI LERK Approved by: City Attorney's Office Resolution No. 10-119 Page 2 It was moved by Wilburn and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: X ~_ x x ~- x x NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright wpdata/glossarylresolution-ic.doc "u9 10 Prepared by: Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5138 RESOLUTION NO. 10-120 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT FOR THE BRIDGE DECK OVERLAY ON IOWA 1 OVER THE IOWA RIVER PROJECT [FS5N-1-5(87)--3T 52]. WHEREAS, the City of Iowa City, Iowa has negotiated an agreement with the Iowa Department of Transportation, said agreement being attached to this Resolution and by this reference made a part hereof; and WHEREAS, the City Council deems it is in the public interest to enter into said agreement with the Iowa Department of Transportation for [FS5N-1-5(87)- - 3T 52] for the design and construction of the Bridge Deck Overlay on Iowa 1 over the Iowa River Project to provide funding for upgraded handrails along the westbound Highway 1/Burlington Street bridge. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: It is in the public interest to enter into the above-mentioned agreement, and the agreement is hereby approved as to form and content. 2. The Mayor is authorized to sign and the City Clerk to attest the agreement between the City of Iowa City and the Iowa Department of Transportation in duplicate. 3. The City Clerk shall furnish copies of said agreement to any citizen requesting same. Passed and approved this 6th day of April , 20 10 . ^~ ~o MAYOR Approved by ATTEST: /!/liz~~ ~ - `~'~Q~= CIT LERK "Oity Attorney's Office 31 ' ~ 3~ It was moved by Bailey and seconded by adopted, and upon roll call there were: AYES:. NAYS: X X X x x X X Mims the Resolution be ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright Pwenglresfia nverprojecldoc 3/10 October 2009 IOWA DEPARTMENT OF TRANSPORTATION Preconstruction Agreement For Primary Road Project County City Project No. Iowa DOT Agreement No. Staff Action No. Johnson Iowa City FSSN-1-5(87)--3T-52 2010-12-148 This Agreement, is entered into by and between the Iowa Department of Transportation, hereinafter designated the "DOT", and the city of Iowa City, Iowa, a Local Public Agency, hereafter designated the "LPA" in accordance with Iowa Code Chapters 28E, 306, 306A and 313.4 as applicable; The DOT proposes to establish or make improvements to Iowa 1 within Johnson County, Iowa; and The DOT and the LPA are willing to jointly participate in said project, in the manner hereinafter provided; and This Agreement reflects the current concept of this project which is subject to modification by mutual agreement between the LPA and the DOT; and Therefore, it is agreed as follows: 1. Project Information a. The DOT will design, let and inspect construction of the following described project in accordance with the project plans and DOT standard specifications: The southbound Iowa 1 bridge over the Iowa River will receive a deck overlay. The project provides for repairs to back walls; replacement of expansion joints, bridge approaches, tubular pedestrian handrails, concrete bridge barrier rail; concrete deck and sidewalk repair and overlay; and installation of a concrete separation rail and decorative tubular railing adjacent to the sidewalk. b. As part of the project, the LPA has requested 371.3 feet of special rail to be installed on one side of the bridge to match a nearby pedestrian bridge within the city. 2. Project Costs a. DOT was planning to install a chain link fence at a cost of $40 per lineal foot. The special rail system requested by the LPA is estimated to cost $200 per lineal foot. The LPA will be responsible for the difference in the cost as estimated below: Special. Rail System $200/LF $74,000 Chain Link Fence $40/LF $14,800 Total Estimated LPA Cost $59,200 b. The LPA shall reimburse the DOT for its share of the project costs estimated at $59,200. Reimbursement shall be paid by the LPA upon completion of construction and proper billing by the DOT. The amount of reimbursement will be determined by the actual quantity of decorative rail in place and the accepted bid at the contract letting minus estimated cost of a chain link fence at $40 per lineal foot up to the maximum local participation of $59,200. 2010121481 owaCity_031610 October 2009 c. The DOT will bear all costs except those allocated to the LPA under other terms of this Agreement. 3. Traffic Control a. Iowa 1through-traffic will be maintained during the construction. 4. Right of Way and Permits a. Subject to the provisions hereof, the LPA in accordance with 761 Iowa Administrative Code sections 150.3(1 )c and 150.4(2) will remove or cause to be removed (within the corporate limits) all encroachments or obstructions in the existing primary highway right of way. The LPA will also prevent the erection and/or placement of any structure or obstruction on said right of way or any additional right of way which is acquired for this project including but not limited to private signs, buildings, pumps, and parking areas. b. The DOT will be responsible for the coordination of utility facility adjustments for the primary road project. c. The LPA agrees to relocate all utilities necessary for construction which are located within the existing street or alley right of way, subject to the approval of and without expense to the DOT and in accordance with Chapter 761 Iowa Administrative Code section 150.4(5) and the DOT Utility Accommodation Policy. d. With the exception of service connections no new or future utility occupancy of project right of way, nor any future relocations of or alterations to existing utilities within said right of way will be permitted or undertaken by the LPA without the prior written approval of the DOT. All work will be performed in accordance-with the Utility Accommodation Policy and other applicable requirements of the DOT. 5. Construction & Maintenance a. Upon completion of the project, no changes in the physical features thereof will be undertaken or permitted without the prior written approval of the DOT. b. Future maintenance of the primary highway within the project area will be carried out in accordance with the terms and conditions contained in 761 Iowa Administrative Code Chapter 150. c. Structures built by the DOT over or under a primary road will be maintained structurally sound by the DOT, including repairs to floors and railing and painting. For structures serving roadways which are not on the primary road system, the cleaning and removal of snow, debris and foreign objects from local road traffic lanes, sidewalks or walkways within the project limits (if any) including pedestrian overpasses or underpasses will be the responsibility of the LPA. 6. General Provisions a. If the LPA has completed a Flood Insurance Study (FIS) for an area which is affected by the proposed Primary Highway project and the FIS is modified, amended or revised in an area affected by the project after the date of this Agreement, the LPA shall promptly provide notice of the modification, amendment or revision to the DOT. If the LPA does not have a detailed Flood Insurance Study (FIS) for an area which is affected by the proposed Primary Highway project and the LPA does adopt an FIS in an area affected by the project after the date of this Agreement, the LPA shall promptly provide notice of the FIS to the DOT. 2010121481owaCity_031610 2 October 2009 b. The LPA will comply with all provisions of the equal employment opportunity requirements prohibiting discrimination and requiring affirmative action to assure equal employment opportunity as required by Iowa Code Chapter 216. No person will, on the grounds of age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which State funds are used. c: It is the intent of both (all) parties that no third party beneficiaries be created by this Agreement. d. If any section, provision, or part of this Agreement shall be found to be invalid or unconstitutional, such finding shall not affect the validity of the Agreement as a whole or any section, provision, or part thereof not found to be invalid or unconstitutional, except to the extent that the original intent of the Agreement cannot be fulfilled. e. This Agreement may be executed in (two) counterparts, each of which so executed will be deemed to be an original. f. This Agreement, as well as the unaffected provisions of any previous agreement(s), addendum(s), and/or amendment(s); represents the entire Agreement between the LPA and DOT regarding this project. All previously executed agreements will remain in effect except as amended herein. Any subsequent change or modification to the terms of this Agreement will be in the form of a duly executed amendment to this document. 2010121481owaCity_031610 3 October 2009 IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No.2010-12-148 as of the date shown opposite its signature below. CITY OF IOWA CITY: By; ~~f~~.~`~ _v Date A= r; 1 h , 20~. Title: Mayor I, '~Tari an K Karr ,certify that I am the Clerk of the City, and that Matthew .T. Hayek ,who signed said Agreement for and on behalf of the City was duly authorized to execute th~~es,ame on the hthday of _aTnr/; ~ , 20~. Signed: T~ .Y_,Si/.f~~r ~ ~ - ~~~/ City rk of Iowa City, Iowa. IOWA DEPARTMENT OF TRANSPORTATION: By: C+~' ~ _ Date y l ZU , 20 ~ J mes R. Schnoebelen District Engineer District 6 2010121481owaCity_031610 4 M~~ 11 Prepared by: Sarah Holecek, 1St Asst. City Atty, 410 E. Washington St, Iowa City, IA 52240 319/356-5030 RESOLUTION NO. 10-121 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A COST REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, JOHNSON COUNTY, IOWA AND THE JOINT EMERGENCY COMMUNICATION SERVICES ASSOCIATION OF JOHNSON COUNTY (JECSA) WHEREAS, the Joint Emergency Communications Center (JECC) is preparing to go "live" as of July 1, 2010; and WHEREAS, to facilitate the timely transition from separate County and City emergency communications centers to a unified center, JECSA desires to begin training existing County and City dispatchers on JECC equipment on a voluntary basis with JECSA reimbursing the City and County for any overtime costs associated with that training, as said personnel will not be employees of JECSA, only each individual locality; WHEREAS, the City of Iowa City, Johnson County, Iowa and the Joint Emergency communication Services Association of Johnson County wish to facilitate training of current City and County employees to support the opening of the JECC prior to its initial "live" date of July 1, 2010 or the employment of said employees by JECC, the parties have arrived at an agreement outlining the terms and conditions for training said employees and for reimbursement of overtime costs associated with such training. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, AS FOLLOWS: The Mayor is authorized to sign and the City Clerk to attest the attached Cost Reimbursement Agreement between the City of Iowa City, Iowa, Johnson County, Iowa and the Joint Emergency Communication Services Association of Johnson County. Passed and approved this 6ht day of April , 2010. /~10~-., MAYOR ATTEST: ~ ~~~ ~FY CLERK Resolution No. 10-121 Page 2 It was moved by Wright and seconded by Wi 1 hi~rn the Resolution be adopted, and upon roll call there were: AYES: x x x x x x ~_ NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright wpdata/glossarylresolution-ic.doc COST $EnbIBURSEMENT AGREEMENT THIS COST REIlVIBURSEMENT AGREEMENT (this "Agreement") is entered into on 2010 (the "Ef}ective Date") between The City of Iowa City, Iowa ("Iowa City"), Johnson County, Iowa ("Tohnson County") (Iowa City and Johnson County will collectively be referred to in this Agreement as the "Local Governments"), and the Joint Emergency Communication Services Association of Johnson County ("JECSA"). 1. Purpose. The purpose of this Agreement is to facilitate training in the use of JECSA's emergency communication system by dispatchers currently employed by the Local Governments. This Agreement provides for the reimbursement of overtime costs incurred by the Local Governments associated with such training. 2. Participation. The Local Governments agree to identify certain of their employ, ees for voluntary participation in the training facilitated by JECSA as contemplated by this Agreement. Participation by employees of the Local Governments shall be strictly voluntary and any participation shall occur outside the employee's regularly scheduled hours of work for the Local Governments, unless otherwise authorized by the employee's direct supervisor. If an employee is released from regular duties for the Local Governments in order to participate in said training and it is necessary to pay overtime to another employee to fulfill those duties, JECSA agrees to reimburse the Local Governments for any overtime expense so incurred. 3. Reimbursement. The Local Governments agree to famish JECSA with monthly invoices of overtime expenditures, which must include the name, overtime compensation rate, number of reimbursable hours claimed, and the dates of those hours for each employee for whom reimbursement is sought. JECSA agrees to reimburse Iowa Ciry and Johnson County on a monthly basis for one hundred percent (100%) of the actual overtime payroll expenses of the employees related to the training. 4. Liabili In addition to any insurance coverage otherwise required by law or agreement, each party agrees that it will be solely responsible for and will assume sole liability for its employee's negligent acts or omissions of any kind, while performing any service or activity under this Agreement. 5. Termination. Any party may terminate this Agreement for convenience or cause upon thirty (30) days written notice to the other parties. Upon termination, JECCA shall pay all outstanding amounts due hereunder up through the time upon which the termination becomes effective. 6. Recordkeepin~. All records regarding this Agreement, including without limitation time accounting logs, must be maintained for five years and otherwise in compliance with Iowa law. 7. Fees. In no event may any party charge another party for any administrative fees for any work performed pursuant to this Agreement. 8. Effective Date/Duration. This Agreement will become effective upon the Effective Date and remain in force through June 30, 2010. 9. Worker's Compensation Benefits. Each party must at all times provide and keep in full force and effect worker's compensation insurance as required by law. No party may allow its coverage to change, be cancelled, or fail to renew without giving the other party a least 30 calendar days advance written notice. For the purposes of worker's compensation coverag , an employee of any party to this Agreement, who works under the jurisdiction or control of, or w o works within the jurisdictional boundaries of any other party pursuant to this Agreement will be de med to be an employee of the party who is his or her primary employer. The primary employed of such an employee will be solely liable for payment of worker's rnmpensation benefits. 10. Not an Offer of Employment. No party to this Agreement will be deemed to make an offer of employment to any employee of any other party to this Agreement unless uch offer is extended to the employee in writing. Participation in training by an employee of a Local Governments does not rnnstitute an offer or guarantee of employment by JECSAj 11. 1`tot a_r: mnloyee of JECSA. Notwithstanding the foregoing, dur g the term of this Agreement each party's employees will remain employees of that party. It is the i~tent of the parties that all participants in the training shall remain as employees of the Local Governments while this agreement is in effect. WITNESS WHEREOF, the parties hereto have executed this Agreement effective as of the day and year first above written. IOWA CITY: By; /tiA~h~'~.. Matthew J. Hayek, Mayo~~- Attest: Maria .Kan, City Cler Date: April 6, 2010 JECSA: sy: .~ ~ ~ . Mike Wright, C airperson Attest: Executive Director JOHNSON COUNTY: By: 'Sally Sluts an, Chairpers n Johnson Coun Board of L Attes~ om ockett, Audi Date: 6 Date: ~ -3 3/