CITY COUNCIL STUDY SESSION CITY COUNCIL CHAMBERS … · 2015-08-12 · CITY COUNCIL STUDY SESSION CITY HALL CITY COUNCIL CHAMBERS SECOND FLOOR 209 PEARL STREET COUNCIL BLUFFS IOWA

CITY COUNCIL STUDY SESSION

CITY HALL CITY COUNCIL CHAMBERS

SECOND FLOOR 209 PEARL STREET

COUNCIL BLUFFS IOWA 51503

MONDAY, JULY 27, 2015 3:45 P.M.

AGENDA

A. Special Event Process

B. Playland Park Update

C. West Broadway Plan

D. Review Agenda

COUNCIL AGENDA, CITY OF COUNCIL BLUFFS, IOWA REGULAR MEETING, JULY 27, 2015, 7:00 PM

COUNCIL CHAMBERS, 2ND FLOOR, CITY HALL 209 PEARL STREET

AGENDA

1. PLEDGE OF ALLEGIANCE

2. CALL TO ORDER

3. CONSENT AGENDA

A. Approval of agenda and tape recording of this proceeding to be incorporated into the official minutes

B. Reading, correction and approval of the July 13, 2015 City Council meeting minutes

C. Resolution 15-192, setting a Public Hearing for August 10, 2015, 7:00 p.m. for the 8th

Street and 12th Avenue Sewer Relocation and the 20th Avenue Sewer Relocation Projects (FY15-15B & C)

D. Resolution 15-193, intent to vacate a 16-foot wide alley running northeasterly from

Huntington Avenue for approximately 236 feet where it joins with Ellicott Place and setting a Public Hearing for August 10, 2015, 7:00 p.m.

E. Resolution 15-194, setting a Public Hearing for August 10, 2015, 7:00 p.m. intent to

vacate and dispose of that part of 42nd Avenue lying east of South 19th Street right-of-way and abutting Lots 3 & 6, South Pointe Subdivision

F. Resolution 15-195, setting a Public Hearing for August 10, 2015, 7:00 p.m. for the

I-80 Pump Station Control Panel Replacement Project (FY15-17A)

G. Mayor's Appointments H. Notice of Right of Redemption (1)

4. PUBLIC HEARINGS

A. Resolution 15-196, authorizing disposal of City property legally described as Lots 21 and 23, Nash Subdivision, Replat 1

B. Resolution 15-197, approving the Plans, Specifications, Form of Contract and Cost

Estimate for the River's Edge Subdivision Improvement Project - Phase II

DISCLAIMER: If you plan on attending this meeting and require assistance please notify

the City Clerk’s Office at (712) 328-4616 by Friday, July 24, 2015, 5:00 p.m.

C. Resolution 15-198, approving the Plans, Specifications and Form of Contract for the Broadway Shelter Improvement Project

D. Resolution 15-199, granting final plat approval of a 3-lot subdivision to be known as

Evan's Subdivision, being a replat of Lots 31-34 and all of vacated Michigan Avenue lying east of South 11th Street and abutting said lots; and Lots 53 through 68 and the south half of vacated Michigan Avenue lying north of and adjacent to Lots 53 through 56, all in Rayoma Subdivision, except parts of Lots 60 and 61, adjacent to South 11th Street

5. RESOLUTIONS

A. Resolution 15-200, authorizing the Mayor to execute the Order Accepting the Acknowledgement/Settlement Agreement from Gas-Mart USA, Inc. d/b/a Eddy's #503, 503 9th Avenue, for a violation of Iowa Code Section 453A.2(1)

B. Resolution 15-201, authorizing the Mayor to execute a RISE Agreement by and

between the City of Council Bluffs and the Iowa Department of Transportation for the grant award of $1,909,539 for the improvements in River's Edge Subdivision

C. Resolution 15-202, authorizing the Mayor and City Clerk to execute an agreement

with Valley Corporation, Inc. for the River's Edge Subdivision Improvement Project - Phase 1

D. Resolution 15-203, authorizing the Mayor and City Clerk to execute an agreement

with Judds Bros. Construction Co. for the 3rd Street Sewer Relocation Project (FY15-15A)

E. Resolution 15-204, amending the Bluffs Tomorrow: 2030 Plan (Comprehensive Plan)

through the adoption and incorporation of the West Broadway Corridor Plan

F. Resolution 15-205, authorizing the Mayor and City Clerk to execute an agreement with Rife Construction for the Central Fire Station Window Project

G. Resolution 15-206, authorizing the Department of Parks, Recreation and Public

Property to submit a Resource Enhancement and Protection (REAP) grant application for the Fairmount Park Woodland Restoration Phase II Project and authorizing the Mayor to enter into a contact if approved

H. Resolution 15-207, authorizing the Mayor and City Clerk to execute an agreement

with D&D Construction for the Valley View Park Culvert Project

I. Resolution 15-208, authorizing the Mayor and City Clerk to execute and agreement with Bluffs Paving and Utility for the Recreation Complex West Ball Fields – Drainage Improvement Project

6. APPLICATIONS FOR PERMITS AND CANCELLATIONS

A. Renewal of Beer/Liquor/Wine and Outdoor Permit Applications: 1. Fox Run, 3001 MacIneery Drive

B. Special Event Permits for Beer/Liquor/Wine and Outdoor Applications:

1. Lighthouse Lounge, 401 Veterans Memorial Highway 2. Underground Restaurant and Lounge Billiards, 28 South 29th Street (contingent upon department approvals)

C. 2015-2016 Cigarette Permit (1) 7. CITIZENS REQUEST TO BE HEARD

8. OTHER BUSINESS

9. ADJOURNMENT

CALL TO ORDER

ATTE!'liDANCE

CONSENT AGENDA

PUBLIC HEARINGS Resolution 13-177

Resolution 15-178

Resolution 15-179

Resolution 15-180

Ordinance 6240

ORDINANCE ON 3R0 READING Ordinance 6238

RESOLUTIONS Resolution 15-172 (Postponed from 6/22/2015)

Resolution 15-181

A regular meeting of the Council Bluffs City Council was called to order by Mayor Pro-tern Lynne Branigan on Monday, July 13, 2015 at 7:00 p.m.

Council Members present: Lynne Branigan, Melissa Head, Al Ringgenberg, Nate Watson and Sharon White. Staff present: Richard Wade and Marcia Worden.

Once the meeting was Called or Order, Mayor Walsh resided over the remainder of the meeting beginning at 7:03 p.m. Branigan and Watson moved and seconded approval of the consent agenda. 3A Agenda and tape recording of this proceeding to be incorporated into the official minutes; 38. Reading, correction and approYal of the June 22, 2015 meeting minutes; 3C. Resolution 15-174, setting a Public Hearing for July 27, 2015, 7:00 p.m. on the Plans, Specifications, Cost Estimate and Form of Contract for the Broadway Shelter Improvement Project; 3D. Resolution 15-175, accepting the work of Cramer & Associates, Inc. as complete and authorizing release of the retainage fee after 30 days if no claims are filed in connection with the Indian Creek Conduit Emergency Repair; 3 E. Resolution 15-176, accepting the work of Eriksen Construction as complete and authorizing release of the retainage fee after 30 days if no claims are filed in connection with the IPL Stormwater Outfall Improvements Project (FY15-23B); 3F. Resolution 15-189, directing the City Clerk to publish notice setting a Public Hearing for July 27, 2015, 7:00 p.m. on the Plans, Specifications, Cost Estimate and Form of Contract for the River's Edge Subdivision Improvement Project - Phase II; 3G. Resolution 15-190, intent to dispose of City property legally described as Lots 21 and 23, Nash Subdhision, Replat I, setting a Public Hearing for July 27, 2015, 7:00 p.m.: 3H. Mayor's Appointments, 31. Notices of Right of Redemption (6) and 3J. Offer's to Buy (2). Unanimous, 5-0 vote.

Held Public Hearing, vacating a'ld disposing of the unimpro\ed portion of Warren Street right-of-~ay I) i;:ig west of the \\est right-of-wa; line of Harr; son Street. ·white and Watson moved and seconded approval per staff's recommendation. Unanimous, 5-0 vote.

Held Public Hearing, vacating and disposing of the east eight feet ofNorthshore DriYe right-of-~ay lying south of Comanche Street and abutting Lot 1, Block B, Replat of Blocks 27-31. Manawa Park Addition. Branigan and White moved filld seconded approYal. Unanimous, 5-0 vote.

Held Public Hearing, appro\ ing the Plans, Specifications, Form of Contract and Cost Estimate for the Central CBIS Woodbury Avenue Sewer Relocation Project (FY16-15A). Branigan and Ringgenberg moved and seconded approval. Unanimous, 5-0 vote.

Held Public Hearing, approving the Plans, Specifications, Form of Contract and Cost Estimate for the Gifford Road Reconstruction Project (FY15-24). White and Head moved and seconded approval. Unanimous, 5-0 rnte.

Held Public Hearing, amending the zoning map as adopted by reference in Section 15.02.040, b) rezoning the property legally described as the southerly portion of Lot 26 and all of Lot 27, Countl) Club Acres from C-2/Commercial District to I-2/General Industrial District, as defined in Chapter 15.21. White and Ringgenberg moved and seconded approval. Unanimous, 5-0 vote. Watson and Ringgenberg moved and seconded to waive 3rd reading. Unanimous, 5-0 vote. Ordinance 6240 passed into law.

White and Ringgenberg moved and seconded approval, amending the zoning map as adopted by reference in Section 15.02.040, by rezoning the east two-thirds of3201 5th Avenue and the east two-thirds of the property at 510 South 32nd Street from C-1/Commercial to R-2/Two Family Residential, as defined in Chapter 15.09. Unanimous, 5-0 vote. Ordinance 6238 passed into law.

Branigan and Ringgenberg moved and seconded apprmal, authorizing and adopting the Operations and Maintenance l\1anual for the J\.lissouri River Industrial Park Levee in connection with FEMA Certification. Unanimous, 5-0 vote.

Branigan and Ringgenberg moved and seconded approval, authorizing acquisition of property from Lanes Real Estate LC for right-of-way in connection with the Gifford Road Reconstruction Project (FY15-24). Unanimous, 5-0 \Ote.

Resolution 15-182

Resolution 15-183

Resolution 15-184

Resolution 15-185

Resolution 15-186

Resolution 15-187

Resolution 15-188

Resolution 15-191

APPLICATIONS/PERMITS & CAN CELLA TIO NS

ADJOURNMENT

Watson and Head moved and seconded approval. authorizing the Mayor and City Clerk to execute Iowa Department of Transportation Addendum No. 2012-4-189C to Agreement No. 2012-4-189 in connection with I-29.11-80 Interstate Improvements. Unanimous, 5-0 vote.

White and Head moved and seconded approval, authorizing a $20,000 Forgivable Loan and a $150,000 Zero-Interest Five-Year Loan from the Iowa Department of Natural Resources and a $250,000 Zero-Interest Three Year Loan from Closed Loop Fund for the purchase of a new 2 Ram-Horizontal Baler and In-Feed Conveyor. Unanimous, 5-0 vote.

Ringgenberg and Head moved and seconded apprO\.-al, authorizing the Mayor and City Clerk to execute an agreement for the purchase of a new 2 Ram-Horizontal Baler and In-feed Conveyor. Ringgenberg mentioned this equipment will be used at the Recycling Center and over time will pa) for itself. Unanimous, 5-0 vote.

Branigan and Head mo\ed and seconded approval, authorizing the City Clerk to certify the Weed Assessments to the Pottawattamie County Treasurer. Unanimous, 5-0 vote.

Branigan and Head moved and seconded approval, authorizing the City Clerk to certify the Solid Waste Nuisance Assessments to the Pottawattamie County Treasurer. Unanimous, 5-0 vote.

Watson and Ringgenberg moved and seconded appro\al, creating a new position in the Information Technology Department. Ringgenberg noted this position will allow the City to reduce contract services. Unanimous, 5-0 vote.

White and Head moved and seconded approval, authorizing the Mayor and City Clerk to execute an agreement with D & D Construction Services for the Katelman Site Restoration Project. Unanimous, 5-0 rnte.

Branigan and Ringgenberg moved and seconded appronl, authorizing the Mayor and City Clerk to execute Iowa Department of Transportation Agreement No. 2016-16-001 in connection with I-29\I-80 Interstate Improvements. Unanimous, 5-0 vote.

White and Head moved and seconded approval of Item's 7 A. ( 1-11 ). Renewal of Beer/Liquor/Wine and Outdoor Permit Applications: 1. American Legion, 716 4th Street, 2. Casey's General Store #3201, 710 32nd Avenue, 3. Casey's General Store #3203, 1928 Sherwood Drive, 4. Hooters of Council Bluffs, 2910 23rd AYenue, 5. Hy-Vee Food Store, 2323 West Broadway, 6. Jonesy's Taco House, 1117 16th A;enue, 7. Pilot Travel Center, 2647 South 24th Street, 8. Quaker Steak and Lube, 3320 Mid America Drive, 9. Red Lobster #779, 3040 Dial Drive, 10. The Olive Garden, 3707 Denmark Drive, 11. Wal-Mart, 3200 Manawa Drive; 7B 1. Special Event Permit Application for Grass Roots Festirnl, July 31 -August 2, 2015 at Tom Hanafan River's Edge Park and 7C. 2015-2016 Cigarette Permits. Unanimous, 5-0 vote.

Council Member Watson thanked the Boy Scouts for attending the meeting.

Mayor Walsh adjourned the meeting at 7:14 p.m. Unanimous.

The tape recording of this proceeding, though not transcribed, is part of the record f each respective action of the City Council. The tape recording of this proceeding is incorporated into these official minutes of this Council meeting as if they were transcribed herein.

Matthew J. Walsh, Mayor ATTEST:

Marcia L. Worden, City Clerk

COUNCIL COMMUNICATION

Department: Public Works Case/Project No.: FY15-15B & C Applicant: Matthew Cox, City Engineer

Ordinance No. ---Resolution No.15-192

SUBJECTffITLE

First Reading July 27. 2015

Council consideration of a resolution setting a public hearing for 7:00 p.m. on August 10, 2015, for the gth Street and 12th A venue Sewer Relocation and the 20th A venue Sewer Relocation. Projects FY 15-1 SB & C.

BACKGROUND/DISCUSSION

• The sewer relocation is required to accommodate the interstate improvements and railroad consolidation projects. The project is identified in the CIP as FY15-15B & C. The relocation will be constructed as part of the DOT project IMN-080-1(366)4--0E-78.

• The plans, specifications, form of contract and estimate are available for viewing through the DOT at the following URL link: http://www.councilbluffsinterstate.iowadot.gov/resources/contractors-corner/

• Project FY15-15B (20th Avenue Sewer Relocation) is in private easement and will be reimbursed 100% by the DOT as part of Agreement No. 2012-4-189C. The engineers estimate for FY15-15B is $144,333.

• Project FY15-15C (8th Street and 12th Avenue Sewer Relocation) is in right-of-way and will not be reimbursed. The engineers estimate for FY15-15C is $142,800.

• FY15-15C will be funded with STP-33C federal funds with a 20% local match paid with Sales

~~- 1

• New railroad lines will be constructed just north of the gth Street and 12th Avenue intersection and 1

across the 20th A venue sewer line. The sewers in these areas \\ill be under new railroad tracks and are required to be encased in steel casing to meet railroad requirements.

• The project schedule is as follows: Set Public Hearing Hold Public Hearing Letting Construction Start Construction End

I Approval of this resolution. RECOMMENDATION

Greg Reeder, Public Works Director

3.C.

July 27, 2015 August 10, 2015 August 18, 2015 September 2015 May2017

-1-

RESOLUTION NO 15-192

RESOLUTION DIRECTING THE CLERK TO PUBLISH NOTICE AND SETTING A PUBLIC HEARING ON THE

WHEREAS,

WHEREAS,

PLANS, SPECIFICATIONS, FORM OF CONTRACT AND COST ESTIMATES FOR THE

8rn STREET AND 12rn A VENUE SEWER RELOCATION AND THE 20TH AVENUE SEWER RELOCATION

PROJECTS #FY15-15B & C

the City wishes to make improvements known as the gth Street and 12th Avenue Sewer Relocation and the 20th Avenue Sewer Relocation within the City, as therein described; and

the plans, specifications, form of contract and cost estimates are available electronically through the DOT.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL

OF THE CITY OF COUNCIL BLUFFS, IOWA

That the City Clerk is hereby ordered to set a public hearing on the plans, specifications, form of contract and cost estimates for the 8th Street and 12th Avenue Sewer Relocation and the 20th Avenue Sewer Relocation setting August 10, 2015 at 7:00 p.m. as the date and time of said hearing.

AND BE IT FURTHER RESOLVED

That the aforementioned project is encompassed by the language of the 1989 Local Option Sales Tax Ballot and as such this is an appropriate expenditure of the Local Option Sales Tax Revenues.

ADOPTED AND

APPROVED

ATTEST:

3.C.

Matthew J. Walsh,

Marcia L. Worden,

July 27, 2015

Mayor

City Clerk

-2-

Department: Community Development

Case #SAV-15-004

Applicant: James Roarty 409 Huntington A venue Council Bluffs, IA 51503

Council Communication

Resolution of Intent No. --- City Council: 7 /27 /15

Resolution to Dispose No. _ _ _ Planning Commission: 07 /141 5

Subjectffitle Request of James Roarty to vacate a 16-foot wide alley running northeasterly from Huntington Avenue for approximately 236 feet where it joins with Ellicott Place. This alley abuts 409 and 415 Huntington Avenue and 200 and 209 Ellicott Place.

I Background

James Roarty is asking that the above described right-of-way be vacated so he may acquire the portion that abuts his property at 409 Huntington A venue. It is believed that this right-of-way was the site of a stairway (now removed) which led from Ellicott Place up to Huntington A venue. It is 16 feet wide and approximately 236 feet long for a total of 3,776 square feet, more or less. The right-of-way is unopened, unimproved an not maintained by the City.

Public Works has indicated they have sanitary sewer in the eastern end of the alley and request that an easement be retained. No other comments have been received from any City Department or public utility.

All four abutting property owners have been notified of the requested vacation. The applicant and Muriel Huckins, 415 Huntington A venue, have indicated they are in favor of the request and willing to acquire their portions of right-of-way, if vacated. No response has been received from the owners of200 and 209 Ellicott Place.

Comments 1. The alley is unopened, unimproved and not maintained by the City. 2. The right-of-way is not needed by the City and vacating it will eliminate the City's liability. 3. No property owner will be deprived of any required or reasonable access.

Recommendation The Community Development Department recommends vacating the 16-foot wide alley running northeasterly from Huntington Avenue for approximately 236 feet where it joins with Ellicott Place, subject to a utility easement and that all portions be acquired by the abutting property owners.

Public Hearing Speakers in favor: James Roarty, 409 Huntington Avenue, Council Bluffs, IA 51503

Speakers against: None.

3.D. -3-

Planning Commission Recommendation The Planning Commission recommends vacating the 16-foot wide alley running northeasterly from Huntington Avenue for approximately 236 feet where it joins with Ellicott Place, subject to a utility easement and that all portions be acquired by the abutting property owners.

I VOTE: A YE 9 NAY 0 ABSTAIN 0 ABSENT 2 Motion: Carried.

I

Attachments: Maps showing requested right-of-way vacation (without and with aerial photograph) Prepared By: Rebecca Sall, Assistant Planner, Community Development Department

3.D. -4-

':1 C-:!"1 125.37 L___JJ

7

3.D. -5-

CASE #SAV-15-004

3.D. -6-

Prepared by: Community Development Dept .. Co. Bluffs. IA 51503-Phone: 328-4629 Return to: City Clerk. 209 Pearl Street. Co. Bluffe. IA 51503-Phone: 328-4616

RESOLUTION NO. ---

A RESOLUTION OF INTENT TO VACATE A 16-FOOT WIDE ALLEY RUNNING NORTHEASTERLY FROM HUNTINGTON AVENUE FOR APPROXIMATELY 236 FEET WHERE IT JOINS WITH ELLICOTT PLACE, CITY OF COUNCIL BLUFFS, POTTAWATTAMIE COUNTY, IOWA.

WHEREAS, James Roarty has requested vacation of a 16-foot wide alley running northeasterly from Huntington Avenue for approximately 236 feet where it joins with Ellicott Place; and

WHEREAS, This City Council hereby declares its intent to consider disposition of this City right-of-way by conveying and quitclaiming all of its right, title and interest in it to the abutting property owner(s).


OF THE CITY OF COUNCIL BLUFFS, IOWA:

That this City Council hereby declares its intent to consider disposition of the above described City property; and

BE IT FURTHER RESOLVED

That a public hearing on the City's intent to dispose of this property is hereby set for August 10, 2015 .

Planning Case #SAV-15-004

ADOPTED AND APPROVED: 2015

----------~

Matthew J. Walsh, Mayor

ATTEST: Marcia L. Worden, City Clerk

3.D. -7-


CASE #SA V-15-005

Applicant: Council Bluffs Industrial Foundation 149 West Broadway Council Bluffs, Iowa 51503

Representatives: Lyle Ditmars, President Council Bluffs Industrial Foundation 149 West Broadway Council Bluffs, Iowa 51503

Terry Bailey 149 West Broadway Council Bluffs, Iowa 51503


Resolution of Intent No. 15-194 City Council: 07/27/15

Resolution to Dispose No. Planning Commission: 07/14/15

Subject/Title Re~uest: Public hearing on the request of the Council Bluffs Industrial Foundation to vacate that portion of 42n A venue lying east of South 19th Street right-of-way and abutting Lots 3 & 6, South Pointe Subdivision, City of Council Bluffs, Pottawattamie County, Iowa.

Location: South of Veterans Memorial Highway and east of South 19th Street.

Background The Council Bluffs Industrial Foundation requests approval to vacate that portion of 42nd Avenue lying east of South 19th Street right-of-way and abutting Lots 3 & 6, South Pointe Subdivision (see Attachment A). The purpose of the request is so the applicant can replat the subject right-of-way and abutting lots into a 14.74 acre parcel to be known as South Pointe Subdivision, Replat 2 (see Attachment B). The subject 42°d Avenue right-ofway measures 66 feet by 578.10 feet mil (37,580.06 square feet) and was created to provide access to a landlocked parcel associated with property at 1705 Veterans Memorial Highway. The subject right-of-way is not improved to City standards and is inaccessible to vehicular traffic.

Included on the South Pointe Subdivision, Replat 2, final plat is a proposed new section of 43rd Avenue right-ofway which the applicant proposes to dedicate to the City for access to the land-locked parcel immediately east and associated with property at 1705 Veterans Memorial Highway. The final plat is scheduled for public hearing by the City Council on August 10, 2015. The City Council must first vacate and dispose of the subject 42nd A venue right-of-way in order for the proposed South Pointe Subdivision, Replat 2 final plat to be considered as submitted.

3.E. -8-

Case #SAV-15-005 Page 2 City Council Staff Report

Comments All City departments and local utility providers were notified of the proposed vacation request. The following comments were received: 1. Council Bluffs Public Works has no utilities within said portion of 42nd Avenue right-of-way. CBPW has no

concerns with the vacation request or relocation of access for property located east of the subject right-ofway.

2. Council Bluffs Building Division has no comments for the proposed vacation request. 3. Council Bluffs Water Works has no comments regarding the proposed vacation request. 4. Black Hills Energy Corporation does not have any utilities within the subject 42nd Avenue right-of-way. 5. CenturyLink aas a majer tiuet liI'ie vlitfti.B the sal>jeet 4211& P...vceftae right ef ·.vay does not have utilities

located in the subject 42nd Avenue right-of-way. as per email from Justin D. Melcher. Engineer II. with CenturvLink dated 7-16-15. This information was provided to City staff after the Planning Commission meeting.

6. MidAmerican Energy Company has electrical utilities within the subject 42nd Avenue right-of-way. 7. Cox Communication has utilities within the subject 42nd Avenue right-of-way.

On August 25, 2003 the City Council amended the adopted Policy and Procedures for Alley, Street and Rightof-way Vacations. The objectives of the amended Policy are as follows:

1. To provide due process and citizen participation in the application and review process for vacations. The applicant is the sole property owner who abuts the subject 42nd Avenue right-of-way. The City sent the applicant a petition to sign asking whether they are in favor of/opposed to the proposed vacation request and if they are willing to purchase the subject right-of-way for the amount $16,965.03, as calculated using the City's current adopted fee schedule. The Community Development Department also notified the property owner immediately east of the subject 42nd Avenue right-of-way of the proposed vacation request.

2. To ensure that no property owner is deprived of required and reasonable access. The properties owned by the applicant (Lots 3 & 6, South Pointe Subdivision) which abut the subject 42nd Avenue right-of-way have access to South 19th Street. Approval of the vacation request will not deprive these lots of reasonable access. The property located immediately east of the subject right-of-way is land-locked and dependent upon the subject 42nd Avenue right-of-way for access. The owner is not eligible to purchase any of the subject right-of-way. As previously stated, the Community Development Department notified this property owner of the proposed vacation request. The letter also explained the proposed South Pointe Subdivision, Replat 2, final plat and the proposed 43rd Avenue extension to their property.

The following comments below were provided to the Community Development after this report was mailed to the City Planning Commission for review. City staff made the Planning Commission aware of these comments during the public hearing for this request on July 14, 2015.

Diana Geiger. property owner of 1705 Veterans Memorial Highway. stated she is opposed to the vacation request as it will impact stormwater drainage from her property. Mrs. Geiger stated there is a drainage ditch on the southwest comer of said property that drains run-off through the subject 42nd Avenue right-of-way and into a storm sewer inlet on South 19th Street. Mrs. Geiger stated she is not opposed to the proposed 43rd : A venue right-of-way extension. Mrs. Geiger provided City staff photographs of the drainage ditch on her property and the storm sewer inlet in South 19th Street. These photographs are included with this report as Attachment 'C'.

3.E. -9-


The Community Development Department spoke with the Public Works Department regarding Mrs. Geiger drainage concern. Public Works stated there are no recorded stormwater easements within the subject 42nd Avenue right-of-way to allow Mrs. Geiger to drain run-off from her property into the storm sewer inlet on South 19th Street. Public Works stated that Mrs. Geiger can drain run-off into the storm sewers on Veterans Memorial Highway or into the storm sewers in proposed 43rd Avenue right-of-way once it's improved to City standards in the future.

3. To discourage the creation and eliminate or reduce existing dead-end alleys, streets or other rights-of-way. Not applicable.

4. To reduce or eliminate hazardous and dangerous traffic conditions. Not applicable.

5. To protect all existing and proposed public utilities located in the right-of-way and to maintain necessary utility easements. Mid-American Energy Company, Cox Communications and Century Link have utilities within the subject 42nd Avenue right-of-way. An access easement must be retained for these existing utilities.

6. To maintain appropriate right-of-way width to ensure that an adequate pedestrian and vehicular circulation system is retained Not applicable.

7. To discourage the vacation of portion of an existing alley, street or other right-of-way. Not applicable.

8. To assist in the implementation of the goals and objectives of the Comprehensive Plan. The request is consistent with the Bluffs Tomorrow: 2030 Comprehensive Plan relative to transportation and economic development. The request is also consistent with the objectives of the City's adopted Policy and Procedures for Alley, Street and Right-of-way Vacations.

9. To reduce the City's maintenance liability on previously vacated right-of-way parcels from public improvement projects and various lots acquired through delinquent taxes or assessments. Not applicable.

10. To establish an equitable price for surplus public property. The cost to purchase the subject 42nd Avenue right-of-way is $16,965.03. The applicant submitted a signed petition to the City stating they are willing to purchase the subject right-of-way for $2,047.15 and will dedicate land for a new section of 43rd Avenue (as proposed on South Pointe Subdivision, Replat 2, final plat). The amount of $2,047.15 is the difference in costs between the subject 42nd Avenue right-of-way and the proposed new section of 43rd Avenue. The City Council has the following options to dispose of the subject right-of-way:

• Option 1 - Require the applicant pay the full amount of $16,965 .03 • Option 2-Accept the applicant's offer to pay $2,047.15 plus dedication ofland to the City for a new

section of 43rd Avenue. Recommendation

The Community Development Department recommends the following:

l. Approval of the request to vacate that portion of 42nd Avenue lying east of South 19th Street right-of-way and abutting Lots 3 & 6, South Pointe Subdivision. An access easement must be retained for existing utilities.

3.E. -10-


2. Approval of the applicant's purchase offer for the subject 42na Avenue right-of-way as it's fair and consistent with the City's adopted Policy and Procedures for Allev. Street and Right-ofway Vacations relative to an equitable price of surplus public property.

Public Hearing Speakers in favor: Terry Bailey, 212 Upland Avenue, Council Bluffs, Iowa 51503 Tom Slobodnik, 2097 County Road 7, Yutan, NE 68073

Speakers: Diana Geiger, 1705 Veteran's Memorial Highway, Council Bluffs, IA, stated that she uses 42nd Avenue for storm drainage. She is not opposed to a street for access being located further south.

Planning Commission Recommendation The Planning Commission recommends:

1. Approval of the request to vacate that portion of 42nd A venue lying east of South 19th Street right-of-way and abutting Lots 3 & 6, South Pointe Subdivision. An easement must be retained for existing utilities.

2. Accept the applicant's offer to pay $2,047.15 plus dedication ofland to the City for a new section of 43rd Avenue.

VOTE: A YE 9 NAY 0 ABSTAIN 0 ABSENT 2 Motion: Carried.

Attachment A - Right-of-way vacation map Attachment B - Proposed South Pointe Subdivision Replat 2, Final Plat Attachment C - Photographs from Diana Geiger

Prepared By: Christopher Gibbons, Planner, Community Development Department

3.E. -11 -

I ..... IV I

CITY OF COUNCIL BLUFFS - CITY PLANNING COMMISSION RIGHT-OF-WAYVACATION MAP- CASE #SAV-15-005

Map legend

c:J Parcel

• Address

0 112.5 225

t Inch = 225 Feet

LaGt.Aincndcd:6/4/15

e CouncllBlul& C..mm1111lty Dcvelnpmenl Dep11rltllent 209 Putt Street Co11ncD Blulr1, IA 51503 Telephone (712} 328.4629

.... t..l I

FINAL PLAT SOUTH POINTE SUBDIVISION REPLAT 2

-- ·~ lllL\111 a. PJ.S.11111 ADIXIA1D t11C.. I'll

~,.llllN.f'llUHOA-1411 "EST IROHllll\Y, OCIUll!a. 1U1111. - ITllOJ

• I_: I t ~ t "1 It I . •

IWI COUHCll. l!LUIFS, U.C

AU t1F LOlS 3 ANO e IN 9DU1H JIClltlE llllllOllllSICN, ALL CW VACA1ED 42nd AWNUE AINACENT 10 SAID l.01S 3 AND I ANO LOT I IN SOUlH PQN1E BUBDl'milCN llEPLAT 1, ALL IN 111! QTY or CGUNaL BLUFFS, POTTAWATIMllE COUNTY, IOWA.

W3F.fJl!fllfJ Ml:MOFllA!... /-/,'OHl:~ Y

in

:ii;; ;~ ~

tXISTINli ID'x20' SUiNAGE EAUMENT

'25 . ·5

••J• •t)'l•' •f•l, lfl

•. l1•:1 · 1· 11)tt

--

1 ··· o Nl/4 CCRNER

---------1L_,!.:!~ 8 -·····---_J_-- - --~~f~?~iA __ _ ~ VACATED 42nd AVENUE

.~ . . , .... ,. , ..... • 111•111 ·, ·:. -

I

\

RiliHT•DF'-VAY 66.cJO'

--------r-----------slf9¥25"r:

LOT 1 17'380

14.740 ACRES :I: (942,0BS s.f.)

._1i · • 11'11••!"•11,111· . 11o1111vr : , . 1, •

'!'" ---- ·-!·--. .. "--==" ·-·'"-:::-::"'-·="'-=--~ :--~-~~......c:;. .. -.,..,

• IH ·• i ·•1f;!11 11 .t1• • . .... , •• • , 1(1·

. -~, I 0 1 I

llCAU.DI PllCIPERTIE8 OllNIAU.C Sll9'48'47'E !507.3&'

tl'lr ..... , ....... , .. . I.I.I•·•

n1 .. 11r,1o11· fl· 111 ·Jt · 1rr • 11,1 . I

4Jrd AVENUE

NB9.484-7 -MDL

GLIMI 'IRUlf

1 UT ·•1 ~·uu1H i-IOlllTC

... 111f1f'll~lfft• r.rf!._;;} I

N

I 'I •

BEING A REPLAT OF' LOTS 3, 6 AND VACATED 42nd AVENUE IN SOUTI-1 POINTE SUBDIVISION AND LOT 1 IN SOUlH POINTE SUBDIVISION REPLAT

1, ALL IN lHE CITY OF COUNCIL BLUFl"S, POTTAWATTAMIE COUNTY, IOWA.

--fi 1111H!lll !IDEIF, I DD fflllllll' ffATIPY AHO IV'l'lltlW: or 1HE Dl-TIClll Olf CllUNaL IWFFB IND111111UM. IOUHOAlHlll'S FRCIPER1Y NJ CONTMllD HERON GN lllS _______ DAY Ill' , IOll.

NOl'MY PUllJD IN Niil fllll SAID 9TA1E llYCCll __ .._ _____ _

IV',_ wt llA'l'lllh lift HCllCIUILE llA1HEW A WAI.Ill DATE

ATIEITBI 111 Im

C11Y tuRlll llAllCIA L -DDf callllllHllY lllWLGl'llOll' DlllE01'llll DCllAU> a. GR098 OA1E

r.Ell1111CA'lt: or lREASIAER IF PDnAWA1TAME OCIUllTY, ICIWA

~111\im=.ll'~Af~'=I'i&r:rm~':ll"~ :.bi,~~ IN BaU1ll

--10671!! -1 OF 1

View of subject 42"d Avenue right-of-way and storm water inlet in South 19th Street.

CASE #SAV-15-005 ATIAI 3.E. ~TC -14~

View of storm water inlet in South 19th Street.

CASE #SAV-15-005 A3.E. IMENT C -15-

View of drainage ditch along the southwest corner of property at 1705 Veterans Memorial Highway

CASE #SAV-15-005 Ar 3.E. •ENT C -16-

~-·---- ---~-----~-·-

1

View of drainage ditch along the southwest corner of property at 1705 Veterans Memorial Highway

CASE #SAV-15-005 AIT.3.E. ~NT C -17-

Prepared by: Community Development Dept .. Co. Bluffe. IA 51503 -Phone: 328-4629 Return to: City Clerk. 209 Pearl Street. Co. Bluffe. IA 51503-Phone: 328-4616

RESOLUTION NO. 15-194

A RESOLUTION OF INTENT TO VACATE THAT PART OF 42ND AVENUE LYING EAST OF SOUTH 19TH STREET RIGHT-OF-WAY AND ABUTTING LOTS 3 & 6, SOUTH POINTE SUBDIVISION, CITY OF COUNCIL BLUFFS, POTTAWATTAMIE COUNTY, IOWA.

WHEREAS, The Council Bluffs Industrial Foundation has requested vacation of 42nd Avenue lying east of South 19th Street right-of-way and abutting Lots 3 & 6, South Pointe Subdivision, City of Council Bluffs, Pottawattamie County, Iowa; and

WHEREAS, This City Council hereby declares its intent to consider disposition of this City right-of-way by conveying and quitclaiming all of its right, title and interest in it to the abutting property owner(s).


OF THE CITY OF COUNCIL BLUFFS, IOWA:

That this City Council hereby declares its intent to consider disposition of the above described City property; and


That a public hearing on the City's intent to dispose of this property is hereby set for August 10, 2015.

Planning Case #SAV-15-005

ADOPTED AND APPROVED:

ATTEST:

3.E.

July 27. 2015

Matthew J. Walsh, Mayor

Marcia L. Worden, City Clerk

-18-


Department: Public Works Ordinance No. __ _ First Reading July 27, 2015 Case/Project No.: FY15-l 7A Resolution No.I5-195 Applicant: Matthew Cox, City Engineer

SUBJECTffITLE Council consideration of a resolution setting a public hearing for 7:00 p.m. on August 10, 20I5 for the 1-80 Pump Station Control Panel Replacement. Project# FYI 5-I 7 A.


• The 1-80 sanitary sewer pump station is the largest station in the sanitary collection system with nearly 75% of the City's sewage passing through this station. Waste is conveyed through a force main to the Water Pollution Control Plant by pressure created from the station's two electric pumps and three diesel powered pumps.

• The pump station was originally constructed in I973. This project will replace process control gear that is beyond its useful life and obsolete. The control panel upgrades include telemetry, electric load filters, two electric pump variable frequency drives (VFD's), and diesel pump actuators and speed sensors.

• The project will allow the station to operate more efficiently and be more reliable.

• This project is included in the FYI 5 CIP and includes a budget of $400,000 in sales tax funds.

• The project schedule is as follows:

Approval of this resolution.


Set Public Hearing Hold Public Hearing Bid Letting Award

RECOMMENDATION

3.F.

July 27, 2015 August 10, 2015 September 10, 2015 September 28, 2015

-19-


RESOLUTION DIRECTING THE CLERK TO PUBLISH NOTICE AND SETTING A PUBLIC HEARING ON THE

WHEREAS,

WHEREAS,

PLANS, SPECIFICATIONS, FORM OF CONTRACT AND COST ESTIMATE FOR THE

I-80 PUMP STATION CONTROL PANEL REPLACEMENT PROJECT #FY15-17 A

the City wishes to make improvements known as the I-80 Pump Station Control Panel Replacement, within · the City, as therein described; and

the plans, specifications, form of contract and cost estimate are on file in the office of the city clerk.



That the City Clerk is hereby ordered to set a public hearing on the plans, specifications, form of contract and cost estimate for the I-80 Pump Station Control Panel Replacement setting August 10, 2015 at 7:00 p.m. as the date and time of said hearing.



ADOPTED AND

APPROVED

ATTEST;

3.F.

Matthew J. Walsh,

Marcia L. Worden,

July 27. 2015

Mayor

City Clerk

-20-

Memo To: Members of City Council

From: Mayor Matt Walsh

Date: July 21, 2015

Re: Appointments for July 27, 2015 City Council Meeting

With City Council concurrence, I would like to make the following appointment:

Board of Library Trustees

Appoint the following with term expiring on July 1, 2020

Jennifer Barnett 1315 N 22nd St

Civil Rights Commission

Reappoint the following with term expiring on August 1, 2018

Linda Rhatigan 502 N Sierra Dr

3.G. 11 Page

-21-

NOTICE TO REDEEM FROM TAX SALE

TO: Nancy R. Grant 15490 214th Street Council Bluffs, IA 51503 and any unknown heirs, devisees, grantees, assignees, successors in interest, unknown parties in possession, unknown spouses and claimants.

Unknown Spouse of Nancy R Grant, if any 15490 214th Street Council Bluffs, IA 51503 and any unknown heirs, devisees, grantees, assignees, successors in interest, unknown parties in possession. unknown spouses and claimants.

Parties in Possession of 15490 214th Street Council Bluffs, IA 51503

Council Bluffs City Clerk 209 Pearl Street, Ste. 102 Council Bluffs, IA 51503

Pottawattamie County Treasurer Pottawattamie County Courthouse 227 South 6th Street Council Bluffs, IA 51501

Any and all person(s) in possession of the parcel hereinafter described.

.....

.. . ,

' .. :;. I •J,'° •• ,,.. :. 1 . .. · ·-.. -- .. <:-? • • -: ·i N c.-: U1

All of the heirs, spouses, assignees, grantees, legatees, devisees, and successors in interest both known and unknown, and all unknown claimants claiming to have any recorded or unrecorded right, title, or interest in and to the parcel hereinafter described.

YOU ARE NOTIFIED that on the 17fll day of June, 2013, the following described parcel, situated in Pottawattamie County, Iowa, to-wit:

The East 145.00 feet of that part of the NW* NE* SW* of Section 3, Township 74, Range 43, Pottawattamie County, Iowa, more particularly described as follows: Commencing at the West Quarter corner of said Section 3,' thence 1536.53 feet to an iron pipe, being the point of beginning; thence East 429.2 feet, more or less, to an iron pipe on the East line of the NW* NE* SW* of said Section 3; thence South along said East line (said line bearing South 0 degrees 05 minutes West) 363.23 feet to an iron pipe at the center line of a ditch,' thence along the center line of said ditch as follows: North 62 degrees 11 minutes West, 131.64 feet to an iron pipe; thence North 78 degrees 08 minutes 30 seconds West, 168.55 feet to an iron pipe,· thence South 75 degrees 40

3.H. -22-

minutes West 168. 79 feet to an iron pipe; thence from said iron pipe in said ditch North 0 degrees 05 minutes East 317.25 feet to the point of beginning.

DISTRICT 049 PARCEL NO. 744303326003 CERTIFICATE NO. 13-0386

was sold at tax sale by the Treasurer of Pottawattamie County for the then delinquent and unpaid taxes against the parcel, that a Certificate of Purchase was duly issued by the County Treasurer of Pottawattamie County, Iowa. pursuant to said tax sale, which Certificate is now lawfully held and owned by ACC5, LLC, and that the right of redemption will expire and a deed to the said parcel will be made to ACCS, LLC, by the Treasurer of Pottawattamie County, Iowa, thereby relinquishing all your rights, title and interest in the above-described parcel unless redemption from said tax sale is made within ninety (90) days from the completed service of this Notice.

Dated this ___ day of ____ , 20_.

ACCS,LL~

By:~~~"-==-----"=--~~---David L. Clemens-#000000880

Of Clemens, Walters, Conlon, Runde & Hiatt L.L.P.

2080 Southpark Court Dubuque, IA 52003 Tel: (563)582-2926 Fax: (563)582-2998 Email: [email protected]

NOTE: Do Dru contact the purchaser at the tax sale or his attorney in order to arrange for payment of the amounts necessary to redeem this property. The only means by which you may redeem this property is through payment of the amounts due through the Pottawattamie County Treasurer, Pottawattamie County Courthouse, Council Bluffs, Iowa, 7121328-!5627.

3.H. -23-


Department: Resolution of Intent No. 15-190 Set Public Hearing: 07113115 Community Development

Resolution to Dispose No. 15-196 Public Hearing: 07/27/15 Case #OTB-15-004

Applicant: NeighborWorks Home Solutions 222 South 6th Street Council Bluffs, IA 51501

Represented by: Joe Kueper

Subject/Title Request of Neighbor Works Home Solutions to purchase Lots 21 and 23, Nash Subdivision, Replat 1, located south of Nash Boulevard on the west side of Avenue M Way.

Background/Discussion NeighborWorks Home Solutions has submitted an Offer to Buy the City owned property described as Lots 21 and 23, Nash Subdivision, Replat 1. NeighborWorks proposes to construct a single family home on each lot, both of which are currently vacant. These lots are both zoned R-1/Single Family Residential and are located on the west side of Avenue M Way, south of Nash Boulevard. Lot 21 measures 55 feet x 100 feet for a total of 5,500 square feet. Lot 23 measures 72 feet (mil) x 100 feet (mil) for a total of approximately 7,200 square feet.

The applicant has offered the following: "Closing shall be on or before July 29, 2015. Purchase price to be paid as follows: $41,000 ($20,500 per lot) to be loaned to Buyer, principal only, with no interest charged and paid upon the construction and sale of each single family home as evidenced by the issuance of a certificate of occupancy and HUD form 1 for a City approved Infil buyer."

Recommendation The Community Development Department recommends disposal of Lots 21and23, nash Subdivision, Replat 1, for the sum of $41,000 as set out in the Offer to Buy,

Attachment: Location map without and with aerial Prepared By: Rebecca Sall, Assistant Planner, Community Development Department

4.A. -24-

~ I')

II

m l2"2

c LOT 1

$ ~ , ... , 7

LOT 19 ~ a LOl t.

0

:I

125.50 121 (14

~ LOT 1 0

$

lC-1 t LCiT 24

1~.3

a LOT 1 t.r) t.c') LOCATION OF H9 C'\l PROPERTIES LOT 1 ~

11903

Lor 1

NS.OI U7 .

AVENUEMWY l.07

3300 511500 soo 5600 S600 5800 56.0()

..... U)

~ LOT Iii ~

L.OT2 i LOT 4 t.Ol S ,. LOT1 LOTS :z: QIL 1 lOTt

i LOT) - • -

58.0D ~DO Slll .01 ~ t'

.u t!> M;DQ S&oti 5600 !leOO saoa

~*' 315.28 10ll 15 ~ QI

m 4 "" t, 2 "1

<t. "· .,. .... ... CASE #OTB-15-004

4.A. -25-

CASE #OTB-15-004

4.A. -26-

Prepared bv: Community Development Dept .. Co. Bluffs, IA 51503-Phone: 328-4629 Return to: City Clerk. 209 Pearl Street. Co. Bluffs. IA 51503-Phone: 328-4616


A RESOLUTION AUTHORIZING DISPOSAL OF CITY PROPERTY LEGALLY DESCRIBED AS LOTS 21 AND 23, NASH SUBDIVISION, REPLAT 1.

WHEREAS,

WHEREAS,

this City Council previously expressed its intent to dispose of the property described as Lots 21 and 23, Nash Subdivision, Replat 1; and

a public hearing has been held in this matter.



That the Mayor and the City Clerk be and are hereby authorized, empowered and directed to execute a quit claim deed conveying the City's interest in the above-described property as follows:

NeighborWorks Home Solutions. and all successors in interest: Lots 21 and 23, Nash Subdivision, Replat 1.


That the following conditions shall apply: Closing shall be on or before July 29, 2015. Purchase price to be paid as follows: $41,000 ($20,500 per lot) to be loaned to Buyer, principal only, with no interest charged and paid upon the construction and sale of each single family home as evidenced by the issuance of a certificate of occupancy and HUD form 1 for a City approved Infil buyer.

Case #OTB-15-004

4.A.


ATTEST:

July 27. 2015

Matthew J. Walsh Mayor

Marcia L. Worden City Clerk

-27-

LOT f

3300 SISOQ

LOT1

ll 15 '6 DO

Case #OTB-15-004

LOCATION OF PROPERTIES

AVENUEMWY

6600 5600 5&00

LOT2 $ l..Ot 3 LOT<\

...

5600 seoo

315.28

4.A.

$.00

LOT1

!115.00 soo

l22 g l . .oT,

121 7

a LOT I 0

:t 121 04

g LOT'

:# 120 .3

LOT 1

1'9 LOT 1

usm LOT 1

lOHI

CASE #OTB-15-004

-28-

Department/ Applicant:

Community Development Department


Resolution No. 15-197 City Council - July 27, 2015

Subjectffitle After the Public Hearing city council consideration of a resolution approving the plans, specifications, form or contract, and cost estimate and authorizing the City Clerk to advertise for bids setting August 27, 2015 at 10:00 a.m. as the date and time for the bid opening for the Rivers Edge Subdivision Improvement Project -Phase II.

Background The Community Development Department is requesting city council approval of the plans, specifications, form or contract, and cost estimate for Phase II of the River's Edge Subdivision Improvement Project located at the former Playland Park. A preliminary subdivision plan for River's Edge was approved by City Council Resolution No. 15-86 on March 23, 2015. The project is proposed to be implemented in two phases. Phase I will include: installation storm sewer mains throughout the subdivision connecting to the trunk storm sewer along the 1-480 through the Missouri River levee and discharging to the Missouri River; extension of sanitary sewer mains from the existing sanitary sewer main in North 40th Street; and grading and fill activities primarily east of North 41 st Street. Phase II includes the installation of water mains, private energy and communication utilities, street paving, sidewalks, trails, and streetscapes.

Discussion Before the land can be sold for private development, the land must be further subdivided and appropriate infrastructure must be installed. The public hearing is scheduled for July 27, 2015 at 7:00 p.m. in the City Council Chambers. The timeline for remaining Phase II actions are as follows:

Bid opening - August 27, 2015 City Council award - September 14, 2015

Proceed Order- September 28, 2015 Construction work complete - August 31, 2016

The current cost estimate for phase II improvements is $4,092,130. Funding for the project will be covered by CIP allocations, IDOT RISE, and land sale proceeds.

Recommendation Approval of the resolution.

Attachments: Resolution and Map Prepared By: Donald Gross, Community Development Department

4.B. -29-


-30-

CITY OF COUNCIL BLUFFS, IOWA Rivers Edge Subdivision

OPINION OF PROBABLE CONSTRUCTION COSTS Paving and Streetscape

July 17, 2015

Bid I Item Description EST QTY UNIT UNIT PRICE TOTAL

SCHEDULE A: RISE ELIGIBLE DIVISION I - GENERAL

1 Mobilization 1 LS $100,000.00 $100,000 2 Saw Cut - Full Depth 40 LF 4.00 $160 3 Remove 12" Pipe - Storm Sewer 40 LF 15.00 1 $600 4 Remove Inlet 1 EA 400.00 $400 5 Remove Inlet and Replace w/ 15" RCP 1 LS 750.00 $750 6 Remove Sidewalk 80 SY 4.00 $320 7 Remove Pavement 1,400 SY 5.00 $7,000 8 Remove Sign 4 EA I 100.00 $400 9 Silt Fence 500 LF 3.50 $1,750 10 Curb Inlet Protection 12 EA 200.00· $2,400 11 Seeding 2,000 SY 0.30 $600 12 Concrete Washout 2 EA 1,500.00 $3,000 13 Traffic Control 1 LS 10,000.00 $10,000 14 Dewatering 1 LS ! 20,000.00 $20,000 15 Remove Silt Fence 2,000 LF 1.00 $2,000

Subtotal - Schedule A Division I $149,380

DIVISION II - PAVEMENT AND APPURTENANCES 1 Geotextile Fabric 4,700 SY 4.00 $18,800 2 4" Longitudinal Subdrain 3,600 LF 10.00, $36,000 3 4" Longitudinal Subdrain Outlet 16 EA ! 210.001 $4,320 4 611 Granular Subbase 1,600 TN I 32.001 $51,200 5 6" Concrete Sidewalk 23,100 SF 5.00 $115,500 6 6" Concrete Sidewalk - Acid Washed 10,400 SF 7.00 $72,800 7 7" Concrete Pavement 2,520 SY 55.00 $138,600 8 7" Concrete Pavement - Acid Washed 870 SF 7.00 $6,090 9 9" Concrete Pavement 1,350 SY 80.00 $108,000 10 6" Concrete Base 5,240 SF I 5.00 $26,200 11 7" Concrete Base 6,760 SF 6.00 $40,560 12 Brick Pavement 11,920 SF 12.50 $149,000 13 Cycle Path - 6" 9,150 SF 8.00 $73,200 14 Cycle Path - 7" 730 SF 9.00 $6,570 15 Detectible Warning Panel 380 SF 22.00 $8,360 16 Adjust Manhole to Grade 16 EA I 250.00 $4,000 I

Subtotal - Schedule A Division II $859,200

DIVISION Ill - STORM SEWER APPURTENANCES 1 Construct 18" R.C.P., Class Ill 210 LF 55.00 $11,550

I construct 18" R.C.P., Class Ill w/ 0-Ring Joints and

Construct 24" R.C.P., Class Ill w/ 0-Ring Joints and

3 External Joint Wrap 70 LF 75.00 $5,250

4 Construct Curb Inlet 12 EA 4,000.00 $48,000

5 Perform Television Inspection 370 LF 3.00 $1,110

Subtotal - Schedule A Division Ill $71,310

DIVISION VI - TRAFFIC SIGNALIZATION

1 Bike Lane Striping 260 LF 1.80 $468

2 Traffic Signs 1 LS 6,800.00 $6,800

3 Street Markings 1 LS 2,000.00 $2,000

Subtotal - Schedule A Division VI $9,268

DIVISION VIII - MISCELLANEOUS

1 Electrical Duct- 1" Sch. 40 w/ 4#6 and 1#10G 5,300 LF 12.00 $63,600

2 Electrical Duct- 1" Sch. 40 w/ 4#8 and l#lOG 1,600 LF 12.00 $19,200

3 Electrical Duct - 1" Sch. 40 1,330 LF 11.50 $15,295

4 Electrical Duct - 1-1/4" Sch. 40 w/ 4#4 and 1#8G 150 LF 13.00 $1,950

5 Electrical Duct - 1-1/2" Sch. 40 w/ 4#1 and 1#6G 340 LF 14.00 $4,760

6 Electrical Duct - 2" Sch. 40 w/ 4#1/0 30 LF 15.00 $450

7 Hand hole 10 EA 250.00 $2,500

8 Streetlight w/ Base 56 EA 6,000.00 $336,000

9 Pedestrian Light w/Base 21 EA 4,000.00 $84,000

Subtotal - Schedule A Division VIII $527,755

Subtotal Schedule A: $1,616,913

SCHEDULE B: RISE NON-ELIGIBLE

DIVISION I - GENERAL

1 Mobilization 1 LS $50,000.00 $50,000

2 Saw Cut - Full Depth 600 LF 4.00 $2,400

3 Remove 12" Pipe - Storm Sewer 130 LF 15.00 $1,950

4 Remove 24" Pipe - Storm Sewer 150 LF 15.00 $2,250

5 Remove Inlet 1 EA 400.00 $400

6 Remove Sidewalk 70 SY 4.00 $280

7 Remove Pavement 1,400 SY 5.00 $7,000

8 Remove Sign 2 EA 200.00 $400

9 Silt Fence 500 LF 3.50 $1,750

10 Curb Inlet Protection 10 EA 200.00 $2,000

11 Area Inlet Protection 3 EA 200.00 $600

12 Construction Entrance 1 EA 1,700.00 $1,700

13 Seeding 1,000 SY 0.30 $300

14 Concrete Washout 1 EA 1,500.00 $1,500

15 Traffic Control 1 LS 5,000.00 $5,000

16 Dewatering 1 LS 20,000.00 $20,000

17 Miscellaneous Grading 1 LS 10,000.00 $10,000

Subtotal - Schedule B Division I $107,530

DIVISION II - PAVEMENT AND APPURTENANCES 1 Geotextile Fabric 6,700 SY 4.00 $26,800 2 4" Longitudinal Subdrain 2,200 LF 10.00 $22,000 3 4" Longitudinal Subdrain Outlet 10 ' EA 270.00 $2,700 4 6" Granular Subbase 2,000 TN 32.001 $64,000 5 6" Concrete Sidewalk 15,410 SF 5.oo 1 $77,050 6 6" Concrete Sidewalk - Acid Washed 210 SF 7.00 $1,470 7 7" Concrete Pavement 5,030 SY 55.00 $276,650 8 9" Concrete Pavement 1,330 SY 80.00, $106,400 9 6" Concrete Base 520 SF 5.00 $2,600 10 7" Concrete Base 1,600 SF 6.00 $9,600 11 Brick Pavement 2,120 SF 12.50 $26,500 12 Cycle Path - 6" 50 SF 8.00 $400 13 Detectible Warning Panel 72 SF 22.001 $1,584 14 Adjust Manhole to Grade 8 EA 250.00 $2,000

Subtotal - Schedule B Division II $619,754

DIVISION Ill - STORM SEWER APPURTENANCES 1 Construct 18" R.C.P., Class Ill 200 LF 55.00 $11,000

Construct 18" R.C.P., Class Ill w/ 0-Ring Joints and I I

2 External Joint Wrap 35 LF ! 60.001

$2,100 3 Construct 18" CM P 90 LF 52.00 $4,680 4 Construct 24" R.C.P., Class Ill 40 LF 70.00 $2,800 5 Construct 48" l.D. Manhole 6 VF 450.00 $2,700 6 Construct Curb Inlet 9 EA 4,000.00 $36,000 7 Construct Area Inlet 2 EA 3,000.00 $6,000 8 Construct Curb Inlet - Modified 1 EA 5,000.00 $5,000 9 Construct 18" Flared End Section 1 EA ' 500.00 $500

10 Perform Television Inspection 360 LF 3.00 $1,080

Subtotal - Schedule B Division Ill $71,860

DIVISION V - WATER MAINS 1 Water Mains 1 LS 780,000.00 $780,000

Subtotal - Schedule B Division V $780,000

DIVISION VI-TRAFFIC SIGNALIZATION 1 Traffic Signs 1 LS 5,000.00 $5,000 2 Street Markings 1 LS 6,000.00 $6,000 3 End of Road Barricade 5 EA 500.00 $2,500

Subtotal - Schedule B Division VI $13,500 I

DIVISION VIII - MISCELLANEOUS ! 1 Electrical Duct - 1" Sch. 40 w/ 4#6 and l#lOG 2,520 LF I 12.00 $30,240 I

2 Electrical Duct - 1" Sch. 40 w/ 4#8 and l#lOG 1,300 LF 12.00 $15,600 3 Electrical Duct - 1" Sch. 40 350 LF 11.50 $4,025 4 Electrical Duct - 1-1/4" Sch. 40 w/ 4#4 and 1#8G 300 LF 13.00 $3,900 5 Electrical Duct - 1-1/2" Sch. 40 w/ 4#1 and 1#6G 900 LF 14.00 $12,600 6 Electrical Duct - 4" Sch. 40 560 LF 18.00 $10,080 7 Electrical Duct - 5" Sch. 40 3,800 LF 21.00 $79,800 8 Electrical Duct - 6" Sch. 40 1,300 LF 22.00 $28,600

10 Flowable Fill Bedding 100 CY 125.00 $12,500

11 Hand hole 1 EA 250.00 $250

12 Service Transformer and Pad 2 EA 9,000.00 $18,000

13 Lighting Controller and Pad 2 I EA 9,000.00 $18,000 I

14 Concrete Encasement 640 ! LF 10.00 $6,400

15 Streetlight w/ Base 18 ! EA 6,000.00 $108,000 i

16 Street Tree 228 EA 400.00 $91,200

17 Shrubs 21 EA 50.00 $1,050

18 Perennials 671 EA 10.00 $6,710

19 Amended Topsoil 900 ' CY 30.00 $27,000

20 Mulch 120 I CY 50.00 $6,000

21 Irrigation 1 LS 150,000.00 $150,000

22 Native Grass and Wildflowers 3,450 SF 0.50 $1,725

23 No-Mow Lawn Seed Mix 21,970 i SF 0.30 $6,591 I

24 Floodplain Grass 18,550 ! SF 0.40 $7,420

25 Grasses 2,589 ! EA 8.00 $20,712

26 Seeding 2,900 I SY 0.30 $870

27 Straw Matting 2,900 I SY 2.50 $7,250

28 Planter Curb 2,950 LF 20.00 $59,000

29 Node Paving - 6" PCC 1,150 i SF 6.00 $6,900

30 Bike Rack 10 ! EA 500.00 $5,000

31 Bollard 12 EA 200.00 $2,400

32 Metal Tree Grate 37 EA 1,800.00 $66,600

33 Trash Receptacle 14 EA 1,600.00 $22,400

34 Galvanized Steel Edging 275 ! LF 10.00 $2,750

Subtotal - Schedule B Division VIII $882,573

Subtotal Schedule B: $2,475,217

TOTAL CONSTRUCTION $4,092,130


RESOLUTION APPROVING THE PLANS, SPECIFICATIONS, FORM OF CONTRACT AND COST ESTIMATE FOR THE RIVER'S EDGE SUBDIVISION IMPROVEMENT PROJECT- PHASE II.

WHEREAS, the plans, specifications, form of contract and cost estimate are on file in the office of the City Clerk of the City of Council Bluffs, Iowa for the River's Edge Subdivision Improvement Project - Phase II; and

WHEREAS, A Notice of Public Hearing was published as required by law, and a public hearing was held on July 27, 2015.



That the plans, specifications, form of contract and cost estimate are hereby approved for the River's Edge Subdivision Improvement Project - Phase II and the City Clerk is hereby authorized to advertise for bids for said project.

ADOPTED AND

APPROVED

ATTEST:

4.B.

Matthew J. Walsh,

Marcia L. Worden,

July 27. 2015

Mayor

City Clerk

-35-

Department: Parks, Recreation And Public Property Case/Project No.

Applicant: Larry N. Foster


Ordinance No. Resolution No. 15-198

Subject/Title

I ! Council Action: 7/27/2015

Council consideration of a resolution approving the plans, specifications, and form of contract and authorizing the City Clerk to advertise for bids, setting August 27, 2015, at 10:00 a.m. as the date and time for the bid letting for the Broadway Shelter Improvement project.

Background/Discussion This project represents the efforts of a number of community groups and foundations to renovate a

. deteriorated, but unique structure located in Broadway Park. Initially, the Department of Parks, i Recreation and Public Property secured fiancial support from the Council Bluff Community School

District and the Arby's Foundation. Then, on February 23rd the City Council authorized the Department to apply for a grant from the Iowa West Foundation, a grant which has since been awarded. The finial funding sourse is now inplace; the Building Maintenance Division's 2016 Budget provides the City funding necessary to advance this project.

In addition to its very popular skateboard park and playground, Broadway Park currently hosts one ofCBPSD'S most popular Summer Food Service Programs. The District's summer program provides not only education and recreation, but it also offers meals; a covered shelter is now necessary to protect participants from the elements.

Prior to city ownership, the building located in this park had been converted to apartments. This ! boarded up structure remains the only unsightly element in a park which is otherwise relatively

new and well used. Engineering evaluation determined the structure can be converted to an open air shelter and still retain its current unique exterior appearance. Currently there is no shelter in the park and such an amenity will be popular both with the neighborhood and other users. Additionally, renovating this structure and returning it to public use, will meet CBPSD's needs for a covered shelter for their Summer Food Service Program.

Completion of this project preserves the architectureal essence of a unique structure. By repurposing this building, it can be saved from eventual demolition and provide a public service in

1 this popular City park.

Funding will be provided by:

Building Maintenance, 2016 Building Services Budget, Other Capital Equipment, $85,000 Neighborhood Park Rehab, PR-16-03, $17,000 Council Bluffs Public School District, $25,000 Arby's Foundation, $15,000 Iowa West Foundation, $15,000

4.C. -36-

The engineer's cost estimate for this project is $156,945.60.

The project schedule is as follows: Public Hearing-July 27, 2015 Bid Letting-August 27, 2015 Award Contract - September 4, 2015

Recommendation I recommend that the City Council adopt the resolution approving the plans, specifications, and form of contract and authorizing the City Clerk to advertise for bids, setting August 27, 2015, at 10:00 a.m. as the date and time for the bid letting for the Broadway Shelter Improvement project.

Larry N. Foster Matthew J. Walsh

4.C. -37-

OPINION OF PROBABLE CONSTRUCTION COST Skate Park Building Renovation

City of Council Bluffs - Parks, Recreation and Public Property

June 26, 2013 ITEM UNIT

NO. ITEM DESCRIPTION QUANT. UNIT PRICE

Demolition

Demo inside of building 1.00 LS $ 10,000.00

Remove existing pavement/sidewalk 510.00 SF $ 1.00

Strip sod 1.00 LS $ 500.00

Fill basement areas• 1.00 LS $ 4,000.00

Grading and Earthwork

Fill Material and Grading 60.00 CY $ 50.00

Improvements

Partial Concrete Slab with Reinforcement (4" 150.00 SF $ 7.00

Concrete Sidewalk (6" thick) 480.00 SF $ 5.50

Ornamental Rall (3.5' High) 36.00 LF $ 150.00

Steel Frame @ openings (and windows) 1.00 LS $ 50,000.00

Brick Openings/sawcut in window lines 1.00 LS $ 15,000.00

Tongue and Groove Wood Soffit 1.00 LS $ 5,000.00

Bird Protection 1.00 LS $ 10,000.00

Epoxy Floor Coating 1.00 LS $ 4,000.00

Clean interior stone & stone sealer 1.00 LS $ 10,000.00

Electrical

Electrical (service, lighting, outlets, etc) 1.00 LS $ 15,000.00

Landscaping

Sod 3,050.00 SF $ 0.40 Irrigation modifications 1.00 LS $ 2,000.00

Site Furnishings

Picnic Tables 4.00 SF $ 1,500.00

Sub Total:

Contingency (8%):

Construction Total:

*Note: Exact size of void spaces are under existing floor slab are not known at this time.

4.C.

HGM Associates Inc.

TOTAL

$ 10,000.00

$ 510.00

$ 500.00

$ 4,000.00

$ 3,000.00

$ 1,050.00

$ 2,640.00

$ 5,400.00

$ 50,000.00

$ 15,000.00

$ 5,000.00

$ 10,000.00

$ 4,000.00

$ 10,000.00

$ 15,000.00

$ 1,220.00

$ 2,000.00

$ 6,000.00

$ 145,320.00 $ 11,625.60 $ 156,945.60

-38-


RESOLUTION APPROVING THE PLANS, SPECIFICATIONS AND FORM OF CONTRACT FOR THE BROADWAY SHELTER IMPROVEMENT PROJECT AND SETTING A BID DATE OF AUGUST 27, 2015, AT 10:00 A.M.

WHEREAS, the City of Council Bluffs desires to improve the Trolley Building at Broadway Park; and

WHEREAS, HGM was hired for professional services related to this project; and

WHEREAS, the plans, specifications and form of contract as prepared by HGM are on file in the Office of City Clerk; and

WHEREAS, a Notice of Public Hearing was published as required by law and a Public Hearing was held on July 13, 2015.

NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL


The plans, specifications and form of contract for the Central Fire Station Window Project are hereby approved and the City Clerk is hereby directed to advertise for bids for said project and set the bid date for August 27, 2015, at 10:00 a.m.

Attest:

4.C.

ADOPTED AND APPROVED

Matthew J. Walsh

Marcia L. Worden

July 27. 2015

Mayor

City Clerk

-39-


CASE #SUB-15-005

Owner/ Applicant: R&R Equities Jim Ratliff 19900 Custer Lane Council Bluffs, IA 51503

Surveyor: Rogers Surveying Carl Rogers 1688 Rolling Hills Loop Council Bluffs, IA 51503

City Council Communication

Resolution No. --- Public Hearing: July 27, 2015

Subjectff itle Request: Final plat approval of a 3 lot subdivision to be known as Evan' s Subdivision.

Legal Description: A replat of Lots 31-34 and all of vacated Michigan Avenue lying east of South 11th Street and abutting said lots; and Lots 53 through 68 and the south half of vacated Michigan Avenue lying north of and adjacent to Lots 53 through 56, all in Rayoma Subdivision, except parts of Lots 60 and 61, adjacent to South 11th Street, all in the City of Council Bluffs, Pottawattamie County, Iowa.

Location: Generally the northeast comer of South 11th Street and Wright Road.

Background/Discussion The Community Development Department has received a request for final plat approval for a three lot commercial development to be known as Evan's Subdivision. The subdivision is located at the northeast comer of South 11th Street and Wright Road, south of Veteran's Memorial Highway. Building permit application(s) have been received to construct contractor shops on proposed Lot 3.

Comments 1. The land use plan contained in the Bluffs Tomorrow: 2030 Comprehensive Plan identifies this area as

'local commercial' . The property is zoned C-2 Commercial; contractor shops are a permitted use in the C-2 district.

2. Sanitary sewer and storm sewer easements have been included across portions of proposed Lots 1 and 2 to allow for the connection to public utilities within existing public rights-of-way.

3. Outlot 'A' is for the purpose of stormwater management and shall be owned and maintained privately and will not be accepted for dedication by the City.

4. There is an existing water main in vacated Michigan Avenue. Michigan Avenue was vacated by Ordinance No. 4985 on September 24, 1990 and reserved an easement across the entirety of the former right-of-way. An easement referencing said vacation/easement shall be added to the plat prior to execution of the instrument. No structure shall be built in said easement.

5. The proposed subdivision shall comply with all applicable City of Council Bluffs municipal codes and Iowa Statewide Urban Design and Specifications (SUDAS) regarding off-street parking, grading, surface paving and stormwater management.

4.D. -40-

Case #SUB-15-005 Staff Report Page2

6. The plat indicates that no private restrictions and/or covenants will be established for the subdivision.

7. A note shall be added to the plat stating the following: 'A 5-feet wide permanent easement on each side and rear property line(s) and a 10-feet wide easement along all front lot lines is reserved for the installation and maintenance of utilities. '

8. The following easement language shall be added to the plat: a) ERECTION OF STRUCTURES PROHIBITED: Grantor shall not erect any structure over or within the Easement Area without obtaining the prior written consent of the City Engineer which shall not be unreasonably withheld, provided however grantor shall have the right to place and maintain a surfaced roadway over and within the Easement Area. b) CHANGE OF GRADE PROHIBITED: Grantor shall not change the grade, elevation or contour of any part of the Easement Area without obtaining the prior written consent of the City Engineer which shall not be unreasonably withheld. c) RIGHT OF ACCESS: City shall have the right of access to the Easement Area and have all right of ingress and egress reasonably necessary for the use and enjoyment of the Easement Area as herein described. d) REMOVAL AND REPLACEMENT: With the exception of existing structures, the cost of removal and replacement of any unauthorized improvement or structures within the Easement Area, necessitated by the exercise of the rights under this easement, shall be borne by the Grant or or their successors or assigns. e) SURFACE RESTORATION: City's liability to restore the surface within the Easement Area shall be limited only to grading and seeding. f) DUTY TO REP AIR: City agrees that any drain tile, drive or access way, fence, or yard or other improvements outside of the Easement Area which may be damaged as a result of any entry made through an exercise of the City 's right of access shall be repaired at no expense to Grantor and to Grantor's satisfaction. g) EASEMENT RUNS WITH LAND: This easement shall be deemed to run with the land and shall be binding on Grantor and on Grantor's successors and assigns.

9. No additional comments from City Departments or utility providers have been received.

Recommendation The Community Development Department recommends approval of a 3 lot subdivision to be known as Evan's Subdivision, being a replat of Lots 31-34 and all of vacated Michigan Avenue lying east of South 11th Street and abutting said lots; and Lots 53 through 68 and the south half of vacated Michigan A venue lying north of and adjacent to Lots 53 through 56, all in Rayoma Subdivision, except parts of Lots 60 and 61, adjacent to South 11th Street, all in the City of Council Bluffs, Pottawattamie County, Iowa, subject to compliance with all above stated comments and the following conditions: 1. The final plat shall be recorded within 90 days of City Council approval or the plat will become null

and void unless an extension has been requested and granted by the Community Development Department Director.

2. All technical corrections discussed above shall be made on the fmal plat prior to execution of the document.

3. Conform to all City standards and specifications, the zoning and subdivision ordinances and the Department of Public Works Standards for Public Improvements.

4. All utilities shall be installed underj.!;round. Attachment A: Evan's Subdivision Final Plat Surveyor: Rogers Surveying, 1688 Rolling Hills Loop, Council Bluffs, IA 51503 Prepared by: Rose E. Brown, AICP, Planning Coordinator

4.D. -41-

PREPARBD BY: CARL lL ROGERS.JR. PJIONE: (71Z) ~9 16811 ROLi.iNC lllLLS LOOP, COUl'ICJL Bl,UFFS, IOWA SISOJ

I llEREDY CERTIFY THAT I WILL MEET AU.. EQUAt. OPPORTtJNITY AND FAIR MARKETING OBJECTIVES CONSISJE.Yr WJ'fH FEDERAL, STATE AND l.ocAL C:l!IDEUNE!I.

I HEREBY CERl"WY THAT l'llE FOLLOWING DOCUMENTS WILL BE RECORDEI) Wl'fH THE OF'f'ICE OF THE .t'O'l'TAWATTAMIE COUl'TY RECORDER CONTEMPORANEOUSLVWITHTHEF1LINCOrnlEFINALPLAT:

A. THERE WILL BE NO PRIVATE RF-'ITRIC'l'IONS AND/OR COVENANTS FOR TlllSSUBl>IVISION.

B. CERTlnED STATEMEl\T RESOLUTION or E"CH GOVERNING BOD\' ArPROVINC TllE StlBDIVJSION OR WA YING THE RIGllT TO REVIEW.

C. STATEMENI' OF lltOR'fGAGE HOLDER. IF ANY, THA'f TllE PLAT IS PREPARED WITH THE FREE CONS.£.'IT AND JN ACCORDANCE WITH TIIE DESIRE OF 1118 MORTCACE HOLDKR. AND ISSUED A RELEASE FOR ALI. AREAS CONVEYED TO TIJE GOVERNING BODY OR DEl>ICATED TO TUE PUBLIC.

IN WITNESS Tllf.:REOF. I 00 HEREBY RATIF\" AND APPRO\'E or THIS DISPOSITION OF R It R EQUITIES. LLC PROPERTY AS CONTAINED llEREIN ON llllS DAV OF , 2015. .

R & R F.QUITIF.S, U.C. MANAGING MElllRER. llERSHEI, J, RATLIFF

STATEOFIOWA I I S.<i

COUNTY OF l'OTTAWATTAl\UE I

ON THIS __ DAV OF , 2015, BEFORE ME. A NOTARY PUllUC IN AND FOR THE STATK OF IOWA, PERllONALLY APPl:ARED llERSllF.L J, RATLIFF, TO ME PnsC>:'iALLV KNOWN, WllOM BEING BY ME DULY SWORN. Dm SAY RE IS THE MANAGINC MEMBF.R or R" R EQUTTIES. LLC. AND SAID llER.~HEL I . RATLIFF ACKNOWLEDGI: THI!. EXECUTION OF THIS INSTllUalEXT TO BE ms VQLUNTARV ACT AND DEED.

I -

FJNAL PLAT OF EVANS SUBDMSION ~

DIEING I\ RE-PlA1TTNG OF LOTS ll, 32, J3 ANO 34 Ai~ ALL OF VACATED MICHIGAN AVF.NUE LYING EAST OF SOUTH 1 ITll STREET A.'il> ABUlTING SAID LOTS: AND LOTS 53 TIIROUGH 611, INCWSIVE. AND Tll!l: SOUfff HALF OF VACATED MICHIGAN AVENUtt LYINC NORTll OF AND AOJACEl\TTO LOTS 53, 54. 55 ANO 56. ALL IN RAVOMA SUBDIVISIO.'i. A SUBDIVISION OFTifE SOUTIIWl!St' QUARTER OFTIIE SOUTIIWEST QUARTER OF SECTION 12, TOWNSHIP 74 NORTH. RANCE 44 WF.ST OF THE flFnt PRINCIPAL Ml:RIDIAN, POTTAWATI/\MIE COUNIY, COUNCIL Bf,UFFS. IOWA. EXCEPT A PARCEL OF I.AND LOCATED IN SAID LOTS GO AND 61. SAID PARCEL BEING MORE P.ARTIClll.ARLV DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTil\VEST CORNER OF SAID LOT 61; THENCE NORTII %"0'1'05" Ei\S"1' 2211-00 FEET ALONG TIIE WEST LINES OF SA.ID LOTS 61 AND 60 TO THE NOR'JllWEST CORNER OF SAlD LO'f 611; THENCE SOUTH 118"115'39" EAST l2M FEET ALONG THE NOR'Dt UNE OF SAID LOT 60: TIIENCE SOlrrH 2"0'7'00" WEST 39.74 FEET; TIIENCE SOUTH 11"5'7'34" wur 100.71 pg&T; 'lllDICE SOURi 2"07'00" WEST 80.30 FEET TO A POINT ON 11 IE SOUllt LINE OF SAID LOT 61 111ENCE NOfl'lll 88"05'39" \Vl'Sf 10.00 !FEET ALONG TH£ SOUllt LINE OF SAID LOT 6\ TOTIIE ro1NI' OF 81tGlNNING. <

OWNF.R: R&<R KQUmES,U.C ~ w ::!

19900 CUSTI:R LA.NE. COUNCIL BLUFFS. IOWA 515113

CIT\' COUNCIL

APl'RO\'EO RV MAYOR: THE llONORABl..E MATTllEW J. WAI.Sii DA.1'E

ATTFSITJITO BY

CITY CU!RK: MARCIA I. WORDEN DATB

COMMUNITY DE\'F.IA>PMF)'.'T DIRF.CTI>R: DONAIJ> GRO!lS DATE

CERT!nc.m; OFT8EMIJm Of rqITA)fATTAM!E COUNTY IQWA.

L 1l!E TREASURER OF P01TAWATTAMIE COUNTY, IOWA, HEREBY CPTIFV THAT TllE PROPltRTY INC:WDED IN EVANS SUBDIVISION, IS FRI!.£ .-ROM CERTIFY TAXES ANO CERTIFY SPECIALllSSl!SSMEN"ts.

TREASURER OF POTTAWATT/\MIE COUNTV. IOWAr I.FA A. \'OSS DATE

FROPRIETQR'S DEQIC\TION AND STAJEMENT

R 8c R EQUITIES, U.C. Bl!.ING TIIE SOL! OWNER OF THE PROPERTY DESCRIBED IN TIIE LEGAL Dll..'!CRll'TIOl'I AND EMBRACED WITHL'I TI11S PLAT, HAYE C/\U.'IED 111£ MM£ TO BE SllBDlVIDW IJ'fTO LOT I, LOT l, LOT J AND OUT I.OT "A" AND TO BE KNOWN AS EVANS S'UBDMSION.

THE PERl'ETUAL SA.l'llTARV SEWER EASEMENT, STORM SEWER EASEMENT AND DRAINAGE E.\SEMl!NI' FOR THE DETENTION BASIN LOCATED ll'i our LOT MA" IS RESERVED BY R & II EQUITIES. Ll.C SAID R & R EQUmES, LLC SHALL BE R'ESPONSIBLt l'OR TllE COl'rllNUED MAINT£NANc:it or SAJ1) &\SEMBNTS INCLUDING. BUT NOT LIMITED TO TIIE MAL''TENANCE OF All. IMPROVElllENTll ON SAID ~1ENTS. UN11L SUCR A TIJllE WHEN OWNllRSlllP OF EACH WT IS COff\'EVED.

IN WITNFSS THEREOF I DO HEREUNTO SET MY HAND THIS ____ DAYOF _________ _,,2015.

R &. R 'EQUmES, U.C. MA!'(AGINC l\tl!J\'IBER. HERSHELJ. RA TUFF

!.WJ\LDESC!IPTION: a A R£.PLATTTNC OF l.OTUl,3Z.J.l AND ,4 AND ALL OP VACATED MICHIGAN AVENUI!: <( LYING EAST OF SOUTH 1 ITll STREET ANll ABUTTl:llG SAID 1.0TS: ANll t.OTS 53 ITHROUGH '1. INCLUSIVS, AND THE sou·rn HALF OF VACATl!.O ~UClllGA!'I /\\'&.'IU!tlLYING NORTH OF AND AD.IACE?iT TO LOTS 53, 54, SS AND 56, At.I.. IN RAVO~IAC( WBDIVISION. A SUBDIVISION OF TllE SOUTHWEST QUARn:R OF TllE sounlWl!llT ' QUARTER OF HC.TION 1%., TOWNSHll' 74 NORTll, RANGE 44 WEST OF THE l'IFl'H PRINCIPAL MERIDIAN, POTTAWATTAMIE COU:llTV, COllJllCIL BLUFFS. KIWA, ltXCErT A PARCEL OF LAND LOCATED 1!'1 SAID LOTS 6D AND 61. SAID PARCEL BEING MORE PA.RTICULAlll.V DF-'ICRIDF.D AS FOIJ.OWS: REGINNING AT THE SOtn11WE.~T CORNl!:R OF SAID LOT "' TllENCI!. NORTH Zo07'D5" EAST lZ0,00 FEET ALONG THE Wl!ST LlHl!S OF SAID LOTS '1 AND 60 TU THE NORTHWEST CORNER OF SAID LOT M: THENCE SOUTH 11°05'3t" &\ST lZ.00 FEET ALONG TllE NORTll LINE OF SAID LOT ff• THENCE SOUTH l"O'l'OO" WEST 39.14 FEET; THENCE soun1 •"57'J.j" WEST I00.72 FEF.T; THENCE SOUTH 2"07'00" W.EST Ill.JU FEET TO A. POINT ON TllE SOUTll LINE OF P• •n LOT" TllENCE NORTH 118'05"3'" WEST 10.uo FEET ALONG TllE SOlml LINE or t • I.OT 61 TO THE POINT OF BEGINNING, Al.I. THF. AROVF. REING MORK PARTICUl.A ,...... DESCRJHD AS FOLLOWS: f.--4 . COMMENCING AT TIIE SOUTUWES'r COlt."IER OF SAID LOT 61; TllENCE SO ~ llll'llS"n' EAST, ALONG THE SOUTH LINE OF SAID LOT &I. A DISTANCE OF 10.00 FEET TO TllE POINT 01' BEGINNING; THENCE NORTll Z"07'00"' EAST A DISTANCE OF 10.30 FEET: THENCE NORTH 11'57"~" EAST A DJSTANCI'.: or 100.n FEET• THENCE NORTH 1'0Tll0" £AST A DISTANCE OF >9.14 FEET TO A POINT ON TllE NORTH LINE OP SAID I.GT GD; Tlle:NCE NORTH M'DS'Jr WEST, ALONG THE NORTU LINE OF SAID LOT 60, A DISTANCE o'F n.oo FEET TO THE NORTHWEST CORNER or SAID LOT 60: THENCE NORTH l"ITIMI" EAST. ALONG TllE WEST UNE OF SAID VACATED MICHIGAN A\' l!NUE AND ALONG Tiii!. Wl!ST Ll!'lll OF SAID l.O'I' 31, A lllSTANCE OF 145.00 FEET TO THE JIORTHWEST COR.'l!ll OF SAID LOT JI; THENCE SOUTll llll"G6'S3" EAST, ALONG THE NORTH UNI! or SAID l.oT JI THRU SAID I.OT 3', INCl.U51VE. A DISTANCE OF 15"5' i'J!ET TO THE NOUll!tA-'IT COR.'IER OF SAID LOT 34: 1'11ENCI soun1 J'04'0S" WUT, Al.OlfC nu: EAST LINE OF SAID t.OT 34," OISTANCF. OF IDt.94 FEF.T TO TllF. SOU"m'EAST CORNER OF SAID LOT 34; TllENCE CONTL"IUll"'C SOUTH %'04"0I" WEST A DISTANCE: Ot' 17.50 FEET TO A POINT ~ THE CE."'ITERUNI OF SAID VACA1'ED MICttlGAN AVl!Nlllt; TilltN'CE sotml 111"01'15" EAST. Al.ONG THE CEN'RRLINE OF SAID VACATED MIClllCAl'I AVENUE. A Dll'TANCE OF ISt.74 FEET; TDENCE SOUTH 2"1JO'U" \VEST A DISTANCE or 17.50 FEET TO THE NORTHEAST CORN&R OF SAID t.QT 53; THtl'ICE COlllTINll!NG SOUTH Z"OO'll" WEST, ALONG THE EAST l.INE Of SAID LOT 53 AND ALOl'IG THE EAST UN£ OF SAID LOT •&. A DISTAl'ICE OF 219.t!I FEET TO TH& SOUTHEAST CORNER OF SAID LOT A: 1'11E.'ICE NORTH 18"t!'l9" WEST, ALONG THE SOUTH UNI! OF SAID LOTS 6ll. 67, '6.. 65. 64. 6J. 62 A.'ID A PORTION OF SAID LOT 61. A DJSTAl'ICE Of 30'1.90 FEET TO THE POU\'T or BEGINNING. PARCEL CO:llTAINS 2.135 ACRES, MO'RI! OR LESS. SAID \ 'ACATED MIClllGAl'I AVF.l'IUE IS SUBJECT TO TRE RESERV/\TION OP AN E/\S.EMl!NT AS STATED IN CITY ORDINANCE NO. 4•R~. SAID PARCEL IS SUBJECT TO ALL OTHER IASEl\IENTS OF RECORD. IF AN\".

NOTE: THI!. SOUTH LINt: or SAID SOUTHWEST QUARTER or THE SOUTHWIST QUARTER IS ASSUMED TO BEAR NORTll H ' OS'Jt" WEST FOR THIS DESCRIPTION.

I HEREBY CERTIFY THAT THIS I.AND SURVEYING DOCU111ENT WAS PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED B\" ME OR. UNDER l'llY DIRECT PERSONAL SUPERVISION AND THAT l AM A DUl.Y LlCENSED I.AND SURVEYOR UNDER TRE LAWS or THE STATE OF IOWA.

THIS DOCUMENT HAS BEEN REDUCED. NOTE: IEi o:<0/5

)' DATE ROGERS SURVEYING 1688 ROUJNG HD.LS LOOP COUNCIL BLUFFS, IOWA

t..1CENSE NUMBER: l2!l PHONE:

MY LICENS£ RENEWAL DATE IS DECEMBER 31, 2016. DATE• 7·13-1!1115 <712> 366-9009

NUMBER OF SHEETS COVERED BY THIS HAL: !!JIEEI I Of 2 ".!!!!!" !.B!.!_ __ _ TITLE• rnw .. PLAT or EVANS SUBDIVISION

R t. R EQUITIES, LLC

SDUTH\IEST CORNER. '!i.ECTION 12. T74N, R44W <ClJNll SIB' REBAR

"-r.«RTtl\olE:ST ctJRNER Of S\I 114 sv 114, S£CTJC1'1 12, T74N, RHll F1JIJND CHISELED •x•

VETERANS MEMORIAL HIGHWAY

. D' -1 ~, ~J ~11

~ ' " (¥ ~DT 3c:: LllT 33::

se~-s4·22·rl ~I ~1 '7

• j LOTj 1 l 31.266 $0, f'T.,!: .

io.IJO' l I

FINAL PLAT OF EV ANS SUBDIVISION

KINC /I. u;..n.ATTmG OF LO'IS 31, 32. 33 AND 3" Al'ID ALL OF V/l.C/l.Tm MlCfflCAl'I' J1.\ll:Ml£LYINCE/l.Sl'OFSOl1I'B ltnl 151'RUT ANDJJIVOlNGS/l.ID t.OTS: Al'IOU1fSS.\ nttWVCH 61. INQ.USIVE, ANO TBl: SOUT11 HALF OF VJl.CATED MICRJOAl'I AVDrul!. LYING NOKl'H OF A.NI> ADU.CE!'>,. TO LOTS 53. S4. 55 AND 56. ALL llC JV. YOJllA SUBDIVISION, /I. SUllOlvtSIO!I .OF THlt SOUTHWEST QU/l.R.TEI\ OF THE SOUTHWEST QU/l.ll'l'l.R Of S£C1101'I u. TOWNSHll' 14 l''OllTB. RANGE 44 WEST or THI!. FJFnl PRINCIP/\L l>JOUDIAI'. rorT/l.WATTM11&COIJm"Y,COllNCIL Bl.Alm, IOWA. EXCEPT A PAlU:EL or LAND LOCA'BD IN SAll) LOTS 60 AND , .. SAID PARCEL BEING MPRE PAIUICUIARLY DESCRIBED M> fOLL()WS: 111!.Cll'll'lll'IC /l.T nu: sotJTHWEST COWIER OF SAID LOT 'I' mv!CJ: NOlCTll 2"IJ7'll5" EAST ll0.00 FEET Al.ON(;: THE WEST LINES OF SAID LOTS 61 A.~ 60 TO TSE NOitTR\\l!ST CORNER OF S"1II LOT 60; nu:NCE SOllTH 88'05" Jr MST n.ao FEET ALONG THE NOllTH LINE OF s.un LOT fiO: THENCE SOUTH ll"07'QO"' WEST D.'4FUT;1111NC& SOUTH rsr.M· WEST 100.'1 FUT; THtNCE SOl11H :rvroo- WEST IQ.JO FEET TO A POINT ON mE sovnt U!Q: OF SAID LOT ·,1 Tiltl'ICE NORTH aros.,,- WEST JG.to FEET ALONG TflE SOUTH LINE OF SAID l.OT 61 TO TH!.

POINT OF BEGINNING.

OWNl!.R: Rf<R ltQIJTTIES,U.C 17900 C\JSTI:ll LA.Nit. COIJNCIL BLUFFS. IOWA SISll3

RIGHT or \I AY LlNE ......

LOT ~l gj

l

• ! LOT 39~l

~I I

! l .J... _ _ L_ _I_ -· ..l. - - - L - _f _ - _l

S 88"D2'1:S' E <S> 159.74' cR> 1'0.00' s 2·00•22· \I 17.:SO'

SCALE: 1• = 40'

0 40' BO'

~ 0 - SE:T 5/B• RE:BAR VITH

ALUMINUM Ci'i' HARKE:D 17717, Ul'U.E:SS DTHERVl~ DEttRlll'D IJll DRA\llNG

• - raul'ID 5/8" REBAR VlTH YELLOll PLASTIC CAP MARKED 115414, UNLE:SS DTH£R\II$E: JIE:SCR!llED DN DAAVJl\Ki

(S) - SURllE"IED 1'S

{R) - RECORDED AS

~ - INDICATES LINE NOT TO SCA!..E

. I

·~

L01 66~ LOT 67~ NOTE: THIS DOCUMENT HAS BEEN REDUCED.

<R> 40'

~I [

I IR> 40'

~ I

i

I I

<Rl 40'

N 88'05'39" II 170.67' •

~ N sa·o5'39" v ~.90•

N ee·q5•39• " <s> 1320-76' <R> 1320.67'

SSCTION L111B

SOUTHEAST CDRNE:R or sv 114 sv l/4, SECTION 11!, T 7_. N, R 44 \I rDUJolD 2-1/Z' DIA. ALUMINUM CAP

ROGERS SURVEYING 1688 ROUJNG HlUS LOOP COUNCIL BLUFFS, lO'WA

SCALEi 1· • 40' I PHONE• I DRAWN 8Y: SJIJI,

MTE• 7-13•2015 l <712> 366-<jQCJ<; I REVISED

TJlL[• FlNAL 1'1..AT OF £VANS SUBD!VlSlON

Cl.I£NTt R lo R £0UJTI£S, LLC l <J90o · CUSTER 1.ANE:

RESOLUTIONNO. 15-199

A RESOLUTION GRANTING FINAL PLAT APPROVAL OF A 3 LOT SUBDIVISION TO BE KNOWN AS EVAN'S SUBDIVISION, BEING A REPLAT OF LOTS 31-34 AND ALL OF VACATED MICHIGAN AVENUE LYING EAST OF SOUTH 11 rn STREET AND ABUTTING SAID LOTS; AND LOTS 53 THROUGH 68 AND THE SOUTH HALF OF VACATED MICHIGAN AVENUE LYING NORTH OF AND ADJACENT TO LOTS 53 THROUGH 56, ALL IN RA YOMA SUBDIVISION, EXCEPT PARTS OF LOTS 60 AND 61, ADJACENT TO SOUTH llrn STREET, ALL IN THE CITY OF COUNCIL BLUFFS, POTTAWATTAMIE COUNTY, IOWA.

WHEREAS, R&R Equities, is requesting final plat approval for a three lot commercial development to be known as Evan's Subdivision; and

WHEREAS, The subdivision is located at the northeast comer of South 11th Street and Wright Road, south of Veteran's Memorial Highway; and

WHEREAS, The following comments have been received from City Departments and utility providers: 1. The land use plan contained in the Bluffs Tomorrow: 2030 Comprehensive Plan identifies this area as 'local commercial'. 2. Sanitary sewer and storm sewer easements have been included across portions of proposed Lots 1 and 2 to allow for the connection to public utilities within existing public rights-of-way. 3. Outlot 'A' is for the purpose of stormwater management and shall be owned and maintained privately and will not be accepted for dedication by the City. 4. There is an existing water main in vacated Michigan Avenue. Michigan A venue was vacated by Ordinance No. 4985 on September 24, 1990 and reserved an easement across the entirety of the former right-of-way. An easement referencing said vacation/easement shall be added to the plat prior to execution of the instrument. No structure shall be built in said easement. 5. The proposed subdivision shall comply with all applicable City of Council Bluffs municipal codes and Iowa Statewide Urban Design and Specifications (SUDAS) regarding off-street parking, grading, surface paving and stormwater management. 6. The plat indicates that no private restrictions and/or covenants will be established for the subdivision. 7. A note shall be added to the plat stating the following: 'A 5-feet wide permanent easement on each side and rear property line(s) and a JO-feet wide easement along all front lot lines is reserved for the installation and maintenance of utilities. ' 8. The following easement language shall be added to the plat:

A) ERECTION OF STRUCTURES PROHIBITED: Grantor shall not erect any structure over or within the Easement Area without obtaining the prior written consent of the City Engineer which shall not be unreasonably withheld, provided however grantor shall have the right to place and maintain a surfaced roadway over and within the Easement Area.

4.D. -44-

RESOLUTION NO. PAGE 2 ------

B) CHANGE OF GRADE PROHIBITED: Grantor shall not change the grade, elevation or contour of any part of the Easement Area without obtaining the prior written consent of the City Engineer which shall not be unreasonably withheld. C) RIGHT OF ACCESS: City shall have the right of access to the Easement Area and have all right of ingress and egress reasonably necessary for the use and enjoyment of the Easement Area as herein described. D) REMOVAL AND REPLACEMENT: With the exception of existing structures, the cost of removal and replacement of any unauthorized improvement or structures within the Easement Area, necessitated by the exercise of the rights under this easement, shall be borne by the Grantor or their successors or assigns. E) SURFACE RESTORATION- City's liability to restore the surface within the Easement Area shall be limited only to grading and seeding. F) DUTY TO REPAIR: City agrees that any drain tile, drive or access way, fence, or yard or other improvements outside of the Easement Area which may be damaged as a result of any entry made through an exercise of the City's right of access shall be repaired at no expense to Grantor and to Grantor's satisfaction. G) EASEMENT RUNS WITH LAND: This easement shall be deemed to run with the land and shall be binding on Grantor and on Grantor's successors and assigns.

WHEREAS, The Community Development Department recommends approval of a final plat for proposed Evan's Subdivision, Final Plat, subject to the comments above.



That the final plat for Evan's Subdivision, as shown on Attachment "A", is hereby approved subject to the conditions set forth above; and


That the Mayor and City Clerk are hereby authorized and directed to endorse the final plat.

Attest:

Planning Case No. #SUB-15-005


MATTHEW J. WALSH

MARCIAL. WORDEN

4.D.

July27, 2015

Mayor

City Clerk

-45-


Department: Legal Resolution No. 15-200 Council Action: 7 /27/2015

Case/Project No.

Subjectffitle Resolution authorizing the Mayor to execute the Order Accepting the Acknowledgement/Settlement Agreement from Gas-Mart USA, Inc. d/b/a Eddy's #503, 503 9th Ave., Council Bluffs, IA 51503, for a violation of the State's tobacco laws.

Background/Discussion On or about January 15, 2015, a citation was issued to an employee of Gas-Mart USA, Inc. d/b/a Eddy's #503, 503 9th Ave., Council Bluffs, IA 51503, for providing tobacco to a minor. The permittee has elected to assert an affirmative defense allowed under Iowa Code Section 4.53A.22(3) because their employee had completed the tobacco compliance employee training program entitled "Iowa Pledge Retailer Training Program". The legal owner of the business may only assert this defense once in a four year period.

Recommendation Authorize the Mayor to execute the Order Accepting the Acknowledgement/Settlement Agreement from Gas-Mart USA, Inc. d/b/a Eddy's #503, 503 9 Ave., Council Bluffs, IA 51503, asserting an affirmative defense.

Don Bauermeister, Assistant City Attorney

Department Head Signature Mayor Signature

5.A. -47-

BEFORE THE CITY COUNCIL FOR THE CITY OF COUNCIL BLUFFS

INRE:

Gas-Mart USA, Inc. d/b/a Eddy's #503 503 9th A venue Council Bluffs, IA

ORDER ACCEPTING THE ACKNOWLEDGEMENT/SETTLEMENT

AGREEMENT

ON THIS 27TH DAY OF JULY, 2015, in lieu of public hearing on this matter, the

Council Bluffs City Council Approves the affirmative defense of the above-captioned

permittee's cigarette permit pursuant to Iowa Code Section 453A.22 resulting from a violation of

Iowa Code Section 453A.2(1) on January 15, 2015.

The Council Bluffs City Council therefore, finds that the above-captioned permittee was

granted the affirmative defense and no further action by the above-captioned permittee regarding

this violation is required.

IT IS THEREFORE ORDERED that the judgment in this matter is hereby satisfied.

MATTHEW J. WALSH Mayor

MARCIAL. WORDEN City Clerk

5.A. -48-

JU I. I. LU I '.l j: I HIVI

Jun. 2~ 2015 9:34AM

lNRB:

BBPORB THB CITY COUNCIL POR 'tRB CITY OF COUNCIL BLUFFS

Gas-Mtl1 USA, Ine, d/b/a Bddy's #503 503 9'1\ Avenue Council BluaaJ IA

IVO. /'J'f'J r. L No. 6546 P. 2

ACKNOWLEDGEMENT~ETl'LEMENT AGRElcMRNT

ACKNOWL~nGEMENT~ETl'LEMENTAGRBEMENT

J/We hereby knowingly and voluntarily acknowledg6 that we have received. tho Notice of Heari11g and 1he Complalnt in dle abovC' oase. I/We hei·eby knowingly and voluntarily aoknowled80 tho facts and allesattons contained In tho Complaint, attaohed hereto and incorporated hCl-eln by i-oforenct>, and lcn()wb1gly Rnd voluntadly admit that the same aro true and correot. I/We hereby knowingly and voluntadly admit 8hAW» Adkins sold tobacco to a minor on JRnua1115, 2015. I/We submitted tho l'equired doouments to show SbRWn Adkins completed the tobacco compllance employee training pl'ogram developed by the AicohoJlo )leverages Division pursuant to Scodon 4S9A.S at the timo of tho violation, J/Wo ho1"Cby ossort an aftlrmatj\lo defense under Iowa Code Section 453A.22(S) 01· 453A.22( 4). J/We undeiitand that the affirmative defense asserted for this violation, may only be used pnoe tn a fo1u .. year iw:1ml to bar prosecution of a olvil penalty against the legal owner. J/Wo understand ihat in order to conclude this matter the Council Bluffs City Council must approve rhis Acknowledgemenf/Scttlomeltt Agreemont.

DATBD lhis~dayof Ju\~ .~01s.-

~-el~ over11 elcL

N01'E1 This must be signed by an lndtridUftl olgftrette pei•.mtttee cu.·, In the caae of anotl1er buJh1ess enClly, by fndivtdual{s) who hRVo f\UChorf(y fo bjttd fh~ enUty.

Plcaso sign, dQte and l'chlrn this Agreement·to;

bon R.1. Bauermeisfel' City Attorney's Office 209 Pearl Sueet Co\lneil Blufta. IA SI 503

5.A. ---------------49-,


A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE THE ORDER ACCEPTING THE ACKNOWLEDGEMENT/ SETTLEMENT AGREEMENT FROM GAS-MART USA, INC. D/B/A EDDY'S #503, 503 9111 A VE., COUNCIL BLUFFS, IA 51503 FOR A VIOLATION OF IOWA CODE SECTION 453A.2(1).

WHEREAS, the Iowa Alcoholic Beverages Division has enacted a comprehensive program aimed at reducing underage tobacco use; and

WHEREAS, compliance checks in Council Bluffs resulted in a citation being issued to an employee of Gas-Mart USA, Inc. d/b/a Eddy's #503, 503 9th Ave., Council Bluffs, IA 51503, on or about January 15, 2015; and

WHEREAS, the pennittee has elected to assert an affirmative defense under Iowa Code Section 453A.22(3) and this defense is allowed because the employee charged with the violation had completed the Iowa Pledge Retailer Training Program; and

WHEREAS, it is in the best interest of the City to execute the Order Accepting the Acknowledgement/Settlement Agreement with Gas-Mart USA, Inc. d/b/a Eddy's #503, 503 9th Ave., Council Bluffs, IA 51503 for this violation.



That the Mayor is hereby authorized to execute the Order Accepting the Acknowledgement/ Settlement Agreement from Gas-Mart USA, Inc. d/b/a Eddy's #503, 503 9th Ave., Council Bluffs, IA 51503, for a violation of Iowa Code Section 453A.2.

Attest:


MATTHEW J. WALSH

MARCIAL. WORDEN

5.A.

July 27. 2015

Mayor

City Clerk

-50-

Council Communication City Council Agenda - July 27, 2015

Department: Community Development Resolution No. 15-201 Council Action: 7/27/2015

Case/Project No.: NIA

Subject/Title

RISE Grant Agreement for improvements to River's Edge Subdivision.

Background

The Revitalize Iowa's Sound Economy (RISE) fund was created in 1985 to promote economic development in Iowa through the establishment, construction, improvement of roads and streets. City or county governments may apply for RISE funds for the following: (1) Immediate opportunity projects related to an immediate opportunity for job creation or retention; and (2) Competitive rating for local development projects that do not require immediate funding, but yet still support local economic development.

On May 18, 2015, City Council passed a resolution of support for the submission of the RISE application to the Iowa Department of Transportation for the construction of street and other RISE eligible costs within River's Edge Subdivision. The RISE eligible portion of the improvements includes the southern segment of North 40th Street, all of River's Edge Parkway and the southern segment of North 42nd Street. This includes 1,970 lineal feet of roadway estimated at a construction cost of $3,441,962.

Discussion

On July 14, 201 5, the City was awarded RISE funding in the amount of $1,909,539 under the local development category. The City's portion of the project is $1,532,423 plus all non RISE eligible costs. The IDOT has prepared a contract for the City's execution. A resolution authorizing the Mayor to execute a RISE agreement has been prepare and is attached.

Recommendation

That the City Council adopt the resolution authorizing the Mayor to execute the RISE agreement and any accompanying documents by and between the City of Council Bluffs and the Iowa Department of Transportation for the $1,909,539 grant award.

Prepared by: Donald D. Gross, Director, Community Development Department

5.B. -51 -


A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A RISE AGREEMENT BY AND BETWEEN THE CITY OF COUNCIL BLUFFS AND THE IOWA DEPARTMENT OF TRANSPORTATION FOR THE GRANT AWARD OF $1,909,539 FOR THE IMPROVEMENTS IN RIVER'S EDGE SUBDIVISION.

WHEREAS, the City of Council Bluffs desires to install public improvements in River's Edge Subdivision between Avenue Band 1-480, west of North 40th Street; and

WHEREAS, the construction of 1,970 lineal feet of roadway in River's Edge Subdivision has been determined RISE eligible; and

WHEREAS, the RISE eligible public improvements are estimated to cost $3,441,962; and

WHEREAS, RISE funds have been awarded in the amount of $1,909,539 for the construction of said public improvements; and

WHEREAS, the said public improvements are necessary for the construction of two office buildings containing multiple tenants; and

WHEREAS, the RISE program was created to promote economic development in Iowa through the establishment, construction, improvement and maintenance of roads and streets and the public improvements in River's Edge Subdivision qualifies as an eligible expense.


OF THE CITY OF COUNCIL BLUFFS, IA

That the City Council hereby authorizes the Mayor to execute the RISE agreement and any accompanying documents by and between the City of Council Bluffs and the Iowa Department of Transportation to fund public improvements in the River's Edge Subdivision.


ATTEST:

Matthew J. Walsh

Marcia L. Worden

5.B.

July 27. 2015

Mayor

City Clerk

-52-

Council Communication July 27, 2015 City Council Meeting

Department: Ordinance No.: NIA Community Development

Resolution No.: 15-202 Council Action: 712512015 Case/Project No.: NIA

Subjectffitle River's Edge Subdivision Improvement Project- Phase I

Location East of North 40th Street Between Avenue Band I-480

Background/Discussion Background The Community Development Department is requesting city council to award a contract to Valley Corporation, Inc. for Phase I of the River's Edge Subdivision Improvement Project located at the former Playland Park. A preliminary subdivision plan for River's Edge was approved by City Council Resolution No. 15-86 on March 23, 2015. Before the land can be sold for private development, the land must be further subdivided and appropriate infrastructure must be installed. The project is proposed to be implemented in two phases. Phase I will include: installation storm sewer mains throughout the subdivision connecting to the trunk storm sewer along the 1-480 through the Missouri River levee and discharging to the Missouri River; extension of sanitary sewer mains from the existing sanitary sewer main in North 40th Street; and grading and fill activities primarily east of North 41 st Street. A public hearing was held on April 20, 2015 on the plans and specifications for the River's Edge Subdivision Improvement Project - Phase I.

Discussion

Five (5) bids were received from interested contractors in the City Clerk's office on May 28, 2015. They are summarized below

Bidder Total Bid MFT Construction $4,787,616.10 Judds Brothers Construction $3,680,035 .00 Valley Corporation $2,983,674. 77 Hawkins Construction $3,703,794.64 Eriksen Construction $3,862,040.00

The engineer's estimate was $2,636,525. After reviewing and verifying the bids, Valley Corporation., Inc. was determined to be the low bidder. This project has an estimated start date of August 3, 2015 and should be completed by April 30, 2016. Funding has been allocated in the FY 11-12, FY 12-13, and FY 13-14 CIP for the project.

Engineering Recommendation HDR has reviewed and tabulated the bids received for this project. They recommend award of the contract to Valley Corporation, Inc.

Staff Recommendation The Community Development Department recommends acceptance of the bid from Valley Corporation, Inc. in the amount of $2,983,674. 77 for the River's Edge Subdivision Improvement Project- Phase I Project.

Submitted by: Donald D. Gross, Director, Community Development Department

5.C. -53-


A RESOLUTION AUIBORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT Wim VALLEY CORPORATION, INC. FOR THE RIVER'S EDGE SUBDIVISION IMPROVEMENT PROJECT- PHASE I.

WHEREAS, The City wishes to make improvements known as the River's Edge Subdivision Improvement Project - Phase I; and

WHEREAS, This project will involve grading, and sanitary and storm water extensions east of North 40th Street between Avenue Band 1-480; and

WHEREAS, Such improvements are required to accommodate the further redevelopment of the area commercially and residentially; and

WHEREAS, The plans, specifications and form of contract for the River's Edge Subdivision Improvement Project- Phase I are on file in the office of the City Clerk; and

WHEREAS, A Notice of Public Hearing was published as required by law and a public hearing was held on April 20, 2015 and the plans, specifications and form of contract were approved; and

WHEREAS, Valley Corporation, Inc. has submitted a low bid in the amount of $2,983,674.77 for this contract.



That the bid from Valley Corporation, Inc. in the amount of $2,983,674.77 is hereby accepted as the lowest and best bid received for said work; and

BEITFURTHERRESOLVED

That the City Council does hereby award the contract in connection with the River's Edge Subdivision Improvement Project - Phase I; and


That the Mayor and City Clerk are hereby authorized, empowered and directed to execute an agreement with Valley Corporation, Inc. for and on behalf of the City of Council Bluffs, upon approval by the City Attorney of the certificate of insurance and payment and performance bonds as required by the contract specifications.


ATTEST:

5.C.

Matthew J. Walsh

Marcia L. Worden

July 27. 2015

Mayor

City Clerk

-54-


Department: Public Works Ordinance No. __ _ First Reading July 27. 2015 Case/Project No.: FY15-15A Resolution No. 15-203 Applicant: Matthew Cox. City Engineer

SUBJECT/TITLE Council consideration of a resolution accepting the bid of Judds Bros. Construction Co. in the amount of $1,287,891.00 for the 3rd Street Sewer Relocation Project. Project# FY15-15A.

•

• •

• • •

•


On June 30, 2015 bids were received in the city clerk's office as follows:

Site A Non-Participating Division I Division IV ~ San Sewer I2lil.

Judds Bros. Construction Co., Lincoln, NE $104,240.00 $116,290.00 $220,530.00

Engineer's Opinion $93,455.00 $93,852.00 $187,307.00

Site B Participating Division I Division II Division III Division IV General Pavement Storm Sewer San. Sewer Total

Judds Bros. Construction Co., Lincoln. NE $114,596.00 $67,040.00 $658,930.00 $226,795.00 $1,067,361.00

Engineer's Opinion $353,165.00 $80,800.00 $631.420.00 $110,297.00 $1,175,682.00

Total Project Cost for Site A and Site Bis $1,287,891.00 .

Railroad track improvements are being constructed in the Iowa Interstate Railroad yard, south of the intersection of 3rd Street and 18 Avenue. The track improvements are required to accommodate the railroad consolidation project as part of the Council Bluffs Interstate System Improvements.

The storm and sanitary sewers in this area are very old and in poor condition .

The project is identified in the CIP as FY15-15A.

The project involves constructing storm and sanitary sewer under and adjacent to existing and proposed tracks.

Iowa DOT Agreement No. U-2015-16952 allows 94% of the Site B cost to be reimbursed by the DOT. Site A will be funded with sales tax funds.

• The project schedule is as follows: Award Construction Start Construction End

July 27, 2015 August 2015 November 2015

RECOMMENDATION Approval of this resolution.


5.D. -55-

WHEREAS,

WHEREAS,

WHEREAS,


RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH

JUDDS BROS. CONSTRUCTION CO. FOR THE 3RD STREET SEWER RELOCATION

PROJECT #FY15-15A

the plans, specifications, and form of contract for the 3rd Street Sewer Relocation are on file in the office of the City Clerk; and

a Notice of Public Hearing was published, as required by law, and a public hearing was held on June 8, 2015, and the plans, specifications and form of contract were approved; and

Judds Bros. Construction Co. has submitted a low bid in the amount of $1,287,891.00 for this contract.



That the bid of Judds Bros. Construction Co. in the amount of$1,287,891.00 is hereby accepted as the lowest and best bid received for said work; and


That the City Council does hereby award the contract in connection with the 3rd Street Sewer Relocation; and


That the Mayor and City Clerk are hereby authorized, empowered, and directed to execute an agreement with Judds Bros. Construction Co. for and on behalf of the City of Council Bluffs, upon approval by the City Attorney of the certificate of insurance and payment and performance bonds as required by the contract specifications.



ADOPTED AND

APPROVED

Matthew J. Walsh,

ATTEST: Marcia L. Worden,

5.D.

July 27. 2015

Mayor

City Clerk

-56-

Department: Community Development Department

CASE #CP-15-001


City Council: 7-27-15 Resolution No.: 15-204

Planning Commission: 7/14/2015

Subjectffitle Request: Public hearing on the request of the Community Development Department to amend the Bluffs Tomorrow: 2030 Plan (comprehensive plan) through the adoption and incorporation of the West Broadway Corridor Plan.

Background/Discussion The City Council approved Resolution No. 14-254 on September 22, 2014 which adopted the Bluffs Tomorrow: 2030 Plan as the City's Comprehensive Plan. Chapter 11 of the Bluffs Tomorrow: 2030 Plan includes a sub-area plan of the West Broadway Corridor which covers from 13th Street to the 1-480/1-29 interchange and Avenue 'A' to 2nd Avenue. The purpose of the sub-area plan was to provide the City with broad recommendations that would have a significant impact on future redevelopment efforts within the West Broadway corridor. The sub-area plan recommendations provided the City the impetus to create a West Broadway Corridor Plan in order to further study the following topics:

1. Street profiles and configurations of Avenue 'A', West Broadway, 1st Avenue and 2nd Avenue; and 2. Landscaping and streetscapes improvements within the West Broadway Corridor; and 3. Market conditions and development opportunities within the West Broadway Corridor; and 4. Transit and cycle/pedestrian trail opportunities within the West Broadway Corridor; and 5. Regulatory standards to enhance the visual appearance of and encourage redevelopment

opportunities within the West Broadway Corridor; and 6. Redevelopment opportunities and appropriate land uses within the West Broadway Corridor; and 7. Programs and/or incentives to encourage renovation/rehabilitation of existing properties within the

West Broadway Corridor; and 8. Encouraging and facilitating economic development and job creation opportunities within the West

Broadway Corridor.

In April 2014, the Community Development Department released a Request for Proposals (RFP) to more than 100 professional planning consulting firms to assist with the completion of the West Broadway Corridor Plan. The RFP was posted on the American Planning Association and Iowa Chapter of the American Planning Association websites. A total of 12 proposals were received in response to the RFP. In June 2014, a five member selection committee reviewed and ranked all the proposals. On July 1, 2014, the selection committee interviewed the top four ranked firms. At the completion of the interview process, the selection committee recommended that the City Council hire the architecture/planning consulting firm Urban Design Associates (UDA) from Pittsburgh, Pennsylvania and sub-consultants HDR, Inc. (Omaha, NE) and S.B. Friedman & Company (Chicago, IL) to complete the West Broadway Corridor Plan. The project budget was $250,000 and was paid for by a grant from the Iowa West Foundation. The corridor plan was anticipated to be complete within nine months of the project start date.

5.E. -57-

Case #CP-15-001 Page 2 City Council Staff Report

Planning Process & Public Involvement The West Broadway Corridor Plan was completed using a three phase planning process and was led by a team of professional consultants and City staff with assistance from a thirteen member steering committee comprised of local residents, business owners and community participants. The steering committee was tasked with reviewing all corridor plan recommendations and design alternatives and then providing feedback to the consultant team and City staff. A project website titled: www.westbroadwayinmoiion.com was created by the Community Development Department and was used to provide the public with information on open houses, public meetings, draft plan documents and presentations. Additionally, all draft plans were made available for review at the Council Bluffs Public Library reference desk, the City Clerk's office, the Community Development Department front desk.

A brief overview of the planning process is stated below:

Phase 1 - "Understanding" Data Collection and Analysis The planning consultant team visited the City and collected hard data on existing conditions (e.g., traffic counts, right-of-way widths, market analysis, land uses, etc.) within the corridor study area. The consultant team held focus group sessions ·with City Department heads, Iowa Department of Transportation (IDOT), Metropolitan Area Planning Agency (MAP A), private developers, non-profit developers, institutions and realtors to discuss the strengths and weaknesses of the corridor smdy area. The consultant team and City staff also held a kick-off meeting with the general public to obtain their comments on the strengths and weaknesses of the corridor study area.

Phase 2 - "Exploring" Design Alternatives Using information obtained during Phase I, the planning consultant prepared a series of draft design alternatives for street profiles, streetscapes, landscaping, land uses, redevelopment opportunities, pedestrian and cycle trails within the corridor study area. All of the draft design alternatives were presented to the focus groups discussed above as well as to the City Council and City Planning Commission for comments. During this phase, the consultant team and City staff held an open house and public meeting to provide feedback on the proposed design alternatives. During this phase, the consultant team identified five key locations that could have a significant impact on future redevelopment of the West Broadway Corridor. These locations include the Western Gateway (34th Street to the I-480/1-29 Interchange), Bungee Grain Elevator Site, Thomas Jefferson High School, Cochran Park and the Eastern Gateway (South 13th Street to South 16th Street). Additionally, the consultant team introduced the concept of converting 1st A venue into a complete street that is capable of supporting multi-modal traffic (e.g., pedestrian & bicycle), future Bus Rapid Transit (BRT) and Transit Oriented Development (TOD). Other design alternatives include, but are not limited to, the following:

1. Converting Avenue 'A' from a one-way street into a two-way street to help stabilize the adjacent residential neighborhood.

2. Incorporating a cycle-track on 2nd A venue as new mode of transportation. 3. Creating five street profiles for West Broadway which includes landscaping and streetscape

amenities within and outside of the street right-of-way as well as on the intersecting north/south streets.

Phase 3 - "Deciding" West Broadway Corridor Plan The planning consultant team refined the draft design alternatives to address comments and feedback obtained during Phase 2 meetings. The document was also updated with an implementation strategy that rovides guidance on regulatory standards, ublic and rivate ro · ects and hasing to achieve the desired

5.E. -58-


outcome of the plan. In April 2015, the planning consultant team and City staff held a third public meeting to discuss the content of the draft final corridor plan with the public. In June 2014, the planning consultant team presented a draft final corridor plan to City staff.

The following list is a summary of content contained in the draft final plan:

1. Introduction & Executive Summary 2. Analysis

a. UDA X-Rays (existing conditions) b. Public Outreach c. Development Catalysts d. Summary of Market Analysis

3. Street & Infrastructure Opportunities a. Transportation Strategy b. Modal Alternative 'A' c. Modal Alternative 'B' d. Street Design e. Landscape Strategy f. Open Space and Recreation Opportunities

4. Land Use Strategy a. Opportunity Sites b. Illustrative Master Plan c. Development Quantities

5. Redevelopment Strategy a. Places in the Plan b. Western Gateway c. Bungee Grain Elevator Site d. Thomas Jefferson High School e. Cochran Park f. Eastern Gateway g. Block Typologies h. Off-Street Parking/Typologies

6. Implementation a. Zoning and Regulations b. Public and Private Projects c. Phasing

7. Appendix

Comments All City Department heads were sent a copy of the draft final corridor plan. No comments have been received as of the date of this report.

The West Broadway Corridor Plan is a long-range redevelopment strategy that includes transportation and transit, trails, architectural and landscape design, land use, and redevelopment opportunities between downtown Council Bluffs and downtown Omaha. The plan is the first opportunity for Council Bluffs to comprehensively study design alternatives to improve the built environment for West Broadway and abutting areas without being limited by the former active railroad line in 1st Avenue.

5.E.

I

-59-


The recommendations and design alternatives stated in the Plan provide the City with a guide to completely transform the west-end area into vibrant, mixed-use urban corridor. All plan recommendations and design alternatives can be achieved with a strong civic commitment and on-going public/private partnerships. The City should reference this plan as part of the decision-making for all public infrastructure/investment projects within the corridor study area.

The following .QUblic comments were received after the staff re12ort was mailed to the Planning Commission.

1. Aimee Carlson, 2312 West Broadway, Council Bluffs, IA 51501 emailed City staff on July 13. 2015 and asked if the intent of the West Broadway Corridor Plan is to convert Avenue 'A' and 2nd A venue into traffic thoroughfares. Mrs. Carlson stated she is 01212osed to the raised medians in West Broadway as they will im12act access to businesses on West Broadway. Mrs. Carlson also stated she is concerned the 12ro12osed landsca12e enhancements on West Broadway would interfere with business visibility.

2. Anne Hawkes, 1422 Madison Avenue. Council Bluffs, Iowa contacted City staff on July 13, 2015 and asked ifthe adult bookstore at South 32nd Street and 1st Avenue would be acguired by the City for redevelo12ment

Recommendation The Community Development Department recommends approval to amend the Bluffs Tomorrow: 2030 Plan (comprehensive plan) through the adoption and incorporation of the West Broadway Corridor Plan.

Public Hearing Speakers in favor:

1. Rose Brown, representing Community Development Department, City of Council Bluffs, 209 Pearl Street, Council Bluffs, IA 51503.

Speakers against or with questions: 1. Nancy Jones, 1728 Avenue F, Council Bluffs, IA 51501. Does not want limitations to turn lanes

or reduction in lane width; likes the idea of rapid transit. 2. Penny Farrell, 2623 Avenue L, Council Bluffs, IA 51501. Opposed to any plan that would direct

traffic from West Broadway to other Avenues. Concerned about amount of traffic on West Broadway and all the pedestrians in area.

3. Theresa Jacoby, 38 Dillman Drive, Council Bluffs, IA 51501. Asked about former 1st A venue through Thomas Jefferson High School campus.

4. John Barber, 3621 4th Avenue, Council Bluffs, IA 51501. Asked questions about study area and the interstate reconstruction.

5. Debra White, 2502 Iowa Avenue, Omaha, NE 68112. Asked question about the South side of 2nd Avenue and indicated she was considering purchasing a property.

6. Linda Henrikus, 3118 4th Avenue, Council Bluffs, IA 51501. What is the City going to do with their property until it is redeveloped.

5.E. -60-


Planning Commission Recommendation The Planning Commission recommends approval to amend the Bluffe Tomorrow: 2030 Plan (comprehensive plan) through the adoption and incorporation of the West Broadway Corridor Plan.

VOTE: AYE 8 NAY 0 ABSTAIN 1 ABSENT 2 Motion: Carried.

Attachments Attachment A: \Vest Broadway Corridor Plan Attachment B: Existing Conditions Maps* Attachment C: West Broadway Market Analysis*

*These items are available for review in the Community Development Department located at 403 Willow Avenue and online at www.westbroadwayinmotion.com under the 'Document' header.

Prepared by: Christopher Gibbons, Planner, Community Development Department Approved by: Rose Brown, Planning Coordinator, Community Development Department

5.E. -61-


A RESOLUTION TO AMEND THE BLUFFS TOMORROW: 2030 PLAN (COMPREHENSIVE PLAN) THROUGH THE ADOPTION AND INCORPORATION OF THE WEST BROADWAY CORRIDOR PLAN.

WHEREAS, on September 22, 2014 the Council Bluffs City Council approved Resolution No. 14-254 which adopted the Bluffs Tomorrow: 2030 Plan as the City's Comprehensive Plan; and

WHEREAS, the Bluffs Tomorrow: 2030 Plan contains a sub-area plan that provides broad recommendations for future redevelopment efforts in an area of the City known as the West Broadway Corridor which is bounded by 13th Street to I-480/1-29 interchange (east/west) and Avenue 'A' to 2nd Avenue (north/south); and

WHEREAS, the West Broadway Corridor Plan recommendations were created using input obtained through a robust public outreach campaign; and

WHEREAS, a steering committee comprised of local residents, business owners and community participants was formed to assist with the preparation of the West Broadway Corridor Plan; and

WHEREAS, it is the responsibility of the City Planning Commission, as indentified in Chapter 1.56.090 of the Municipal Code, to prepare and recommend a general plan for the physical development of the city and any subsequent amendments or modifications thereto; and

WHEREAS, the West Broadway Corridor Plan is a long-range plan that includes recommendations on street configurations, landscaping and streetscape improvements, transit and bicycle/pedestrian trail opportunities, redevelopment and job creation opportunities; and

WHEREAS, the City Planning Commission after careful consideration and following a public hearing recommends adoption of said Plan.



That amending the Bluffs Tomorrow: 2030 Plan (Comprehensive Plan) through the adoption and incorporation of the West Broadway Corridor Plan is in the best interest of the City and is hereby adopted.

CASE #CP-15-001


ATTEST:

5.E.

July 27. 2015

Matthew J. Walsh Mayor

Marcia L. Worden City Clerk

-62-


Aoolicant: LarrvN. Foster



Subject/Title

Council Action: 7/27/2015

Council consideration of a resolution awarding a contract to Rife Construction for the Central Fire Station Window project and accepting their bid of $144,750.00.

Background/Discussion The existing windows are original to the Central Fire Station and Community Development building which was constructed in 1973. The window perimeter gaskets have deteriorated allowing large volumes of outside air into the building envelope. The thermal pains have also failed causing clouding or a fogging condition. Both of these conditions have caused condensation which has contributed to damaging window sills and the interior walls.

The installation of new windows will reduce the loads on the heating and air conditioning equipment, provide superior energy efficiency and reduce utility costs.

The Opinion of Probable Construction Cost is $175,000.00.

The need to replace these windows was anticipated and funds were provided, for this purpose, in the following CIP Project:

BM-15-01, Central Fire Station Windows, $175,000

The project schedule is as follows: Public Hearing - June 22, 2015 Bid Letting-July 9, 2015 Award Contract-July 27, 2015

On July 9, 2015 at 10:00 a.m., the City Clerk received bids for the Central Fire Station Window Project. The following bids were received:

Company Total Base Bid Calendar Days

McGinnis $135,563.00 40 Andersen $158,808.00 60 Olson $149,788.00 150 Rife $144,750.00 180

Following receipt of bids, HGM reviewed all submittals. As a result of a mistake in their completion day submittal, McGinnis Construction, the apparent Low Bidder, was found to have an incomplete bid. Specific details are provided in the attached letter from Dean Fajen the project architect. Both the Parks and Recreation Department and the City Legal Department are in concurrence with the assessment of the project architect. The second low bid of Rife Construction was determined to represent the lowest responsive bid for the Central Fire Station Project.

Recommendation I recommend that the City Council adopt the resolution awarding a contract to Rife Construction for the Central Fire Station Window Project.

Larry N. Foster Matthew J. Walsh, Mayor

5.F. -63-

_hgm_ ASSOCIATES INC.

PRELIMINARY OPINION OF PROBABLE COST CENTRAL FIRE STATION WINDOW REPLACEMENT

CITY OF COUNCIL BLUFFS HGM PROJECT NO. 150715

MAY26,2015

1. Remove Windows, Applicable Doors(2±), Drywall, and Trim ...................... $25,000

2. New Windows and Applicable Doors(2±), Installed ...................................... $85,000

3. Patch Drywall Finishes .................................................................................... $30,000

4. New Solid Surface Sills ................................................................................... $55.000

Subtotal ................................................................................................................... $195,000

Construction Contingency (10%) ............................................................................. $20,000

Total ....................................................................................................................... $215,000

P:\150715 CB Central FS Windows\Word·XLIPOPC CB Central FS Windows 150526.doc

640 FIFTH AVENUE, COUNCIL BLUFFS, I 5 .f. lSOl-6427, (712) 323-0530, FAX (712) 323-0779 -64-

_hgm ASSOCIATES INC.

July 15, 2015

Rick Reichenberg Council Bluffs Department of Parks, Recreation, and Public Property 209 Pearl Street Council Bluffs, Iowa 51503

Subject: Central Fire Station Window Replacement HGM Project #150715

Dear Rick:

Attached is the bid tabulation for the above referenced project.

Based upon bids received Thursday, July 9, 2015, McGinnis Roofing had the lowest bid in the amount of $135,563.00. However, as discussed, there is an issue with the number of calendar days (40) set forth on McGinnis's bid proposal. We specified the calendar days begin the day the agreement is signed by the City. In speaking with Mel McGinnis, we learned that the 40 calendar days he entered was a mistake and so, McGinnis did not provide a completion date. McGinnis's bid is not complete and therefore not responsive to the request for bids. The next lowest responsible bidder is Rife Construction with the bid amount of$144,750.00 and calendar days of 180 days.

We hereby recommend award of the subject roof repair projects to Rife Construction as set forth above.

Sincerely, HOM ASSOCIATES INC.

~:\:;: Dean S. Fajen, P.E., AIA Project Manager

Attachment: Bid Tabulation

P;\150715 CB Central FS Windows\Word-XL\150714 Award LTC (mmm).docx

640 FIFTH A VENUE, COUNCIL BLUFFS, IOWA 51501-6427, (712) J23-0S30, FAX (712) 323-0779

5.F. -65-

I

°' 0\ I

TABULATION OF BIDS Project CB Central Fire Station Window Maintenance Project

Bid Date: Thursday, July 9, 2015 Bid Location: City Clerk's Office

BIDDER:

ITEM NO. DESCRIPTION McGinnis Andersen

A Bid Bond

Included x x B Addenda

Acknowledged x x c Lump Sum Bid

$135,563.00 $158,808.00

D Calendar Days 40 60

BIDDER:

ITEM NO. DESCRIPTION

A Bid Bond

Included

B Addenda

Acknowledged

c Lump Sum Bid

D Calendar Days

P:\15071!1 C8 c...tr1ll FS Wlndows\Won:l-XL\bicl lab.xis

HGM ASSOCIATES INC.

640 Fifth Avenue Council Bluffs, Iowa 51501 HGM Project No. 150715

Olson Rife

x x

x x

$149,788.00 $144,750.00

150 180

Page J of l


RESOLUTION APPROVING THE MAYOR AND CITY CLERK TO ENTER INTO AN AGREEMENT WITH RIFE CONSTRUCTION FOR THE CENTRAL FIRE STATION WINDOW PROJECT.

WHEREAS, the City of Council Bluffs desires to replace failing windows in the Central Fire Station; and

WHEREAS, HGM Associates was hired for professional services related to this project; and

WHEREAS, the plans, specifications and form of contract as prepared by HGM Associates are on file in the Office of City Clerk; and

WHEREAS, a Notice of Public Hearing was published as required by law and a Public Hearing was held on June 22, 2015; and

WHEREAS, Rife Construction has submitted the lowest, complete bid, to provide windows for this contract.



That the bid of Rife Construction in the amount of $144,750.00 is hereby accepted as the lowest and best bid received for said work; and


That the City Council does hereby award the contract in connection with the Central Fire Station Window Project; and


That the Mayor and City Clerk are hereby authorized, empowered and directed to execute a contract with Rife Construction for and on the behalf of the City of Council Bluffs, upon approval of the City Attorney of the certificate of insurance and payment of performance bonds as required by the contract specifications.

Attest:

5.F.


Matthew J. Walsh

Marcia L. Worden

July 27. 2015

Mayor

City Clerk

-67-


Aoolicant: LarryN. Foster



Subject!fitle


City Council consideration is a resolution authorizing the Department of Parks, Recreation and Public Property to submit a REAP (Resource Enhancement and Protection) grant application for the Fairmount Park Woodland Restoration Phase II and authorizing the Mayor to enter into a contact if approved.

Baclm:round/Discussion The purpose of this Resolution is to authorize the Department of Parks, Recreation and Public Property to apply for a REAP grant for the construction of the Fairmount Park Woodland Restoration Phase II. Fairmount Park is located at Graham and Park Street.

This project would continue the woodland improvements initiated last fall as a part of the Return to Fairmount Park project. This Phase II seeks to extend the restoration of our oak savannah and understory trees, along with remnant Loess prairies within additional areas of Fairmount Park. Other priorities include restoration of the native vegetation and utilization of wood chips to surface the trails as designated in the Fairmount Master Plan. The wood chips will create a nature trail and neighbor hood trail connections to the restored areas of the park.

The ecological and cultural significance of this historic Council Bluffs Park is unrivaled. Fairmount Park, from a forestry/ecology perspective, holds great potential for showcasing natural resource conservation and restoration techniques. Restoration efforts will not only contribute enormous environmental benefits (in terms of reduced soil erosion, improved hydrology, and preservation of rare and declining habitat), but will undoubtedly increase interest and possibly use of the park. Many areas, even through the restoration process, would serve as excellent outdoor classrooms for environmental education and local history.

Almost every timber unit within Fairmount Park has been affected by invasive species colonization. Tree of Heaven, Black locust, Autumn Olive, Bush Honeysuckle, Buckthom, and Escaped Ohio Buckeye are the largest threats to this park's oak woodland longevity.

Passage of this Resolution will authorize the Department of Parks, Recreation and Public Properly to apply for a REAP Grant which would fund 100% of this project. Other funding sources are being considered to supplement the REAP application.

Recommendation I recommend that the City Council approve application for a REAP (Resource Enhancement and Protection) grant application for the Fairmount Park Woodland Restoration Phase II and authorizing the Mayor to enter into a contact if approved.


5.G. -68-


RESOLUTION GRANTING APPROVAL TO APPLY FOR RESOURCE ENHANCEMENT AND PROTECTION FUNDING FOR THE FAIRMOUNT PARK WOODLAND RESTORATION PHASE II PROJECT.

WHEREAS, the City of Council Bluffs, Iowa, wishes to restore the native vegetation and build the trail system for use by the public; and

WHEREAS, the Fairmount Master Plan identifies the woodland vegetation as a valued asset of the park; and

WHEREAS, the project will enhance the park, increase usage and improve access to the surrounding neighborhood; and

WHEREAS, should REAP funding be secured and the Fairmount Park Woodland Restoration completed, the City of Council Bluffs agrees to keep and maintain the park use as intended in the grant application ;



The Department of Parks, Recreation and Public Property is granted approval to submit a REAP Grant application for the Fairmount Park Woodland Restoration Phase II Project.

Attest:

5.G.


Matthew J. Walsh

Marcia L. Worden

July 27, 2015

Mayor

City Clerk

-69-


Applicant: Lany N. Foster



Subject!I'itle


Council consideration of a resolution awarding a contract to D&D Construction for the Valley View Park Culvert project and acceptim~ their bid of $60,242.88.

Background/Discussion In Valley View Park, area storm water is carried through the park within a major, 72" high culvert. This culvert is over 30 years old and is comprised of corrugated, metal pipe. Last year, this pipe began to deteriate and cave in. As a result, unless this culvert is repaired, the park's interior road, used to access the ballfields, will be lost. The scope of work for this project includes removal and replacement of the pipe and modification of the existing headwall necessary to accommodate the pipe removal and replacement. The project also includes cleaning and shaping the existing ditch between the new culvert and the property to the north.

HGM was hired to provide professional services for this project.

The Opinion of Probable Construction Cost is $63,130.00.

Funding for this project will be provided by: FY 16 General Operating Budget, Bridge and Culvert Repair, $60,000 CIP-16-01, Trails, $10,000 ·

The project schedule is as follows: Public Hearing - June 22, 2015 Bid Letting - July 16, 2015 Award Contract-July 27, 2015

On July 16, 2015 at 10:00 a.m. the City Clerk received bids for the Valley View Park Culvert Project. The following bids were received:

Company

D&D Construction Neuvirth Construction Larson Backhoe Compass Utilities

Total Base Bid

$60,242.88 $63,909.00 $64,700.00 $73,635.50

Recommendation I recommend that the City Council adopt the resolution awarding a contract to D&D Construction for the Valley View Park Culvert Project.


5.H. -70-

ITEM ITEM NO. CODE

1. 2010-108-C

2. 9010-108-A

3. 9040-108-N

4. 5. 2010-108-E

6. 4020-108-C

7. 7030-108-A

8.

9. 4030-108-A

10. 4030-108-A

11. 4030-108-B

12. 4030-108-C

13. 7030-108-E

_hgm _ _ ASSOCIATES INC.

ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST VALLEY VIEW PARK CULVERT REPLACEMENT

CITY PROJECT NO. HGM PROJECT NO. 151714

May28, 2015

ESTIMATED DESCRIPTION QUANTITY

CLEARING AND GRUBBING 1.00 LS CONVENTIONAL SEEDING, FERTILIZING AND MBFM MULCHING, URBAN 0.40 ACRE SILT FENCE 800.00 LF SAFETY FENCE 600.00 LF EXCAVATION, CIASS 10 1.00 LS REMOVAL OF STORM SEWER, CMP, 72" 53.00 LF REMOVAL OF SIDEWALK 15.00 SY

MODIFY CONCRETE HEADW AIL, AS PER PLAi""l' 1.00 LS PIPE CULVERT, TRENCHED, CMP, 72" 40.00 LF PIPE APRON, METAL, 72" 1.00 LF FOOTING FOR PIPE APRON, MET AL, 72" 1.00 EA SIDEWALK, PCC, 4" 15.00 EA RIP RAP, CIASS A REVETMENT 108.00 SY

5.H.

UNIT PRICE

$2,000.00

5,000.00 2.00 4.00

8,000.00 60.00 20.00

15,000.00 400.00

4,000.00 2,500.00

50.00 50.00

TOTAL:

TOTAL AMOUNT

$2,000.00

2,000.00 i,600.00 2,400.00 8,000.00 3,180.00

300.00

15,000.00 16,000.00 4,000.00 2,500.00

750.00 5,400.00

$63,130.00

Page 1 ofl

-71-


July 16, 2015

Mr. John Batt, Assistant Director Department of Parks, Recreation, and Public Property 209 Pearl Street Council Bluffs, Iowa 51501

Subject: Recommendation of Award Valley View Park Culvert Replacement HGM Project No. 151714

Dear John:


Based upon bids received today, D&D Construction Services had the lowest bid for Contract in the amount of $60,242.88.

I hereby recommend award of the subject project to D&D Construction Services of Council Bluffs, Iowa.

Sincerely, HGM ASSOCIATES INC.

J~~ Project Manager

Attachment

1L'\derical\workdata\ISI 71'4 valley viaw pult culvert\150716 valley view par1i: culvert Ito te lwanl (mmm).~

640 FIFI'H A VENUE, COUNCIL BLUFFS, IOWA 51501-6417, (712) 323-0530, FAX (712) 323-0779

5022 SOUTH 1141h STREET, SUITE lOO, OMAHA NEBRASKA 68137-2329, (402) 346-7559, FAX (402) 346-0224

5.H. -72-

BIDS rk-Culvert Replacement 3Juffs, Iowa

Descrintion Estimated Quantities

Engineers Opinion of Probable Constr Cost Unit I Total Price Price

D&D Construction Neuvirth Const Council Bluffs, IA Blair, NE Unit r Total Unit I Total Price Price Price Price

Larson Backhoe Crescent, IA

Unit r Total Price Price

HOM ASSOCIATES INC. 640 STH A VENUE COUNCIL BLUFFS, IOWA 51:

Compass Utilities Council Bluffs, IA AVERAGE Unit I Total UNIT Price Price PRICE

NG AND GRUBBING ·-----·----·--------~----·--·· t ..... __ ·----·---·-·- - ·-----

LS -· --~QOO~---· $2,000.00 : $3,500.00 ___ J3i5~0.00 : $8,4~.Q-~O_ -- _$8,450.QO .. ~~.~~-~~- ·- - $~~6:65 . --~$_9,___,8_00_.0_0_'_$'-9,___,8_00_.o_o_. ---'-$7_,_,9_2_4._16 __ . 1.00 . - ·--- --

'1TIONAL SEEDING, ZING AND MBFM MULCHING,

0.40 ACRE 5,000.00 2,000.00' . 5,227.20 2,090.88 ; 5,000.00 2,000.00 3,000.00 1,200.00 :• · 5,500.00 2,200.00 · ~~~_l_~_ ·-------------'---...,--~---~

NCE 800.00 LF 2.00 . 1,600.00. 4.50 3,600.00 : 4.00 3,200.00 5_.oo ____ -"4,c:...000~.o--'-o - ~----3.78_ ____ 3,024.00 : ___ 4_.3_2_._ ~~c;:~- -----· -- _____ ·- .. . . . . .. _ . -···-·----~OQ:OQ __ .. !:-!:-.. ~ ·- ·-· _ -~·~.!>.~ ---~40~:..~~- -~.5<!_ ________ -~·?00.00 :-~---· 2,400.0q ~. ___ I. 75 1,050.00 '. 8.00 4,800.00 . 4.56 : i\.TION, CLASS 10 . 1.00 LS 8,000.00 . 8,000.00 13,444.00 13,444.00 . 14,000.00 14,000.00 _1~9,'-61_1_.0_5--'-_1 __ 9,___,6_11_.0_5~:~_1_9.:._,5_00_.o_o __ l9,500.00 16,638.76 : AL OF STORM SEWER, CMP,_?2" 53.00 LF 60.00 3,180.00 66.00 3,498.00 '. 100.00 5,300.00 : 104.00 5,512.00 ; 15.00 795.00 71.25 . AL OF SIDEWALK 15.00 SY __ _..::..;20'-'-.0'--'0 ___ __:3:....:;0..:..0.:..:..00'---~1.=.:8 . .c...00'-------2-70_._oo_: _.;_9.;..;..o~o __ -'----_..:..13_5_.o_o_•_3_6_.o_o ___ 5_4_0._00__,_! __ 9._00_ 135.00 . 18.00 ; ~EXISTING CONCRETE -·-·--·---·- ··--·- ~ ··--· -· .. ··----, -

ALL,ASPERPLAN , ____ ...___1_.o_o __ LS_~1_5,~oo_o_.o_o~: __ 1s~,o_o_o._oo_ 5,ooo.oo _ 5,ooo.oo: 6,230.00 6,230.00 ' 2.1~_-'-o'--'-.o.C...o--'----'2"'-,1.:....0--'-o . .c:.o._o...:...: _s_,_,1_0_0_.o_o__ s,100.00 . 4,907.50 i ~VERT, TRh"NCHED, Cf..;fl>, 72" 40.00 LF 400.00 16,000.00 319.00 : 12,760.00 ; 150.20 6,008.00 . 259.72 10,388.80 j 305.00 12,200.00 · 258.48 ! RON, METAL, 72" . 1.00 ~---- 4,0QQ_.00 : __ 4,000.00 . 2,950.00 i 2,950.00 I 2,300.00 2,300.00 ' 2,568.00 2,568.00 i 1,970.00_ . .., --i:-910.00: GFORPIPEAPRON,METAL, 72" 1.00 EA 2,500.00 2,500.00 . 3,5{)0.00 __ ..::.3=,50.:...:0;.;:..;.00~i-=2.=60c.::..O:..:..o:...:o _ __;2::,<,60.o..:..;;..O.;..;;..OO;;.....: 1,500.00 1,500.00; 3,400.00 3,400.00 . .LK, PCC, 4" 15.00 SY ' 50.00 . 750.00 66.00 990.00 ! 90.00 1,350.~-40.50 - ·- - 607.50 : ' 40.50 607.50 ' ·,CLASS A REVETMENT 108.00 TON , 50.00 5,400.00 55.00 5,940.00 ; 92.00 9,936.00 . 47.00 5,076.00 ; 88.00 9,504.00 .

2,447.00 i 2,750.00 !

59.25 ; 70.50 :

TOTAL: : $63,130.00 560,242.88 ! $63,909.00 ; ' $64,700.00 I* _.:.._.~73,635.50 ~ __ . I i I : •

----·--- ---•••--- ••• •• • •-• •-•• • • •• •• -·· - - ·-- •••• ·----·---·•n·• " ·• •• ---·-~ '· - • - •• ••••• • ••• '' ''" - ·-----·- ••• •·-•-• •• ·•- ·-----·-...:•••• • -----· -----l--------------~---• ' ---- -~---·--· r-- ---~---. _--_-_---~~---------- .-. ___ -J--_----i----_..L __ -__ ----,---_-__ .:....L---~~----~_-'-_ _,_ ____ ~------------r- --· ··- .. - ----;-

' ·-----·---·-- ·---;-----·-'---- -·- ---------·~---~

: - - ---·- -- ~-- - -· -- ----~- ---· -- - -- -------~--------~------··------------- ._...!.-.----: -

----------- ·---·---- -·-----. ----··--------·~· ·---- --· --·-- --- ---· - ·-··-···--,--------· ---- ··-- -- ·-----·····- ·---·· - --··---~--------'------'--I -

l ----------· · ·· ------ - -· ... . ..... . - · - ·· - ·--- ----·--·-·- ·•··•· ... .._ . ·- . ... - ...... .. . ·· - -· ·- ·- -···-- -- - ··- ·· -- ·-··- ---- ··--- - - .. ) __________ ..... - ---·- ····- -·--------

' i . i ·--------·-·----------~-·-·--·-------.:.- · ·-----------··-···-----: _____ I ------- ~- ·---'--------'----------------- - - - --- -

··--·-··-· --· - ------------,-. I

Letting: Thursday, July 16, 2015 at 10:00 a.m. Office, City Hall 151714

---~-----------·· - ·--·· -- --------·-··· - - -- -·- ·· ·--~ ··- _! ____ _l ___ ---· '··-· .. ; __ ,. ___________ ! _____ _ i ! I


RESOLUTION APPROVING THE MAYOR AND CITY CLERK TO ENTER INTO AN AGREEMENT WITH D&D CONSTRUCTION FOR THE VALLEY VIEW PARK CUL VERT PROJECT.

WHEREAS, the City of Council Bluffs desires to replace a failing, thirty plus year old culvert at Valley View Park; and

WHEREAS, HGM Associates was hired for professional services related to this project; and

WHEREAS, the plans, specifications and form of contract as prepared by HGM Associates are on file in the Office of City Clerk; and

WHEREAS, a Notice of Public Hearing was published as required by law and a Public Hearing was held on June 22, 2015; and

WHEREAS, D&D Construction has submitted the lowest, complete bid to repair the culvert.



That the bid of D&D Construction in the amount of $60,242.88 is hereby accepted as the lowest and best bid received for said work; and


Thatthe City Council does hereby award the contract in connection with the Valley View Park Culvert Project; and


That the Mayor and City Clerk are hereby authorized, empowered and directed to execute a contract with D&D Construction for and on the behalf of the City of Council Bluffs, upon approval of the City Attorney of the certificate of insurance and payment of performance bonds as required by the contract specifications.

Attest:

5.H.


Matthew J. Walsh

Marcia L. Worden

July 27. 2015

Mayor

City Clerk

-74-


Aoolicant: Larry N. Foster



Subject/Title


Council consideration of a resolution awarding a contract to Bluffs Paving and Utility for the Recreation Complex West Ball Fields- Drainage Improvement project.

Background/Discussion The Council Bluffs Recreation Complex is regarded as one of the areas finest sports facilities and has been the receipicant of numerous awards. A constant challenge, faced by the Complex crew, is the Complex's flat terrain and high water table. As a result of these two conditions, there are some areas of the Complex where standing water is an issue. This standing water results in occasional game cancellation. Additionally these areas present difficulities for maintaining quality turf and tend to create mosiquitoe breading spots. The most significant drainage issues exist in western most comer of the complex's baseball fields.

This improvement project consists of installing drainage basins, bio-swales and perforated subdrains around this area of the complex. Once completed, these improvements will improve the areas drainage and address the current issues. The work also includes removal and replacement of concrete sidewalk and trail pavement.

HGM and Associates was hired to provide professional services for this project.

The Opinion of Probable Construction Cost is $59,126.00 for the Base Bid and $24,980.00 for the Alternate Bid.

Funding will be provided by:

CIP, PR-15-04, Sports Facilities, $41,300 CIP, PR-16-05, Sports Facilities, $53,628.25

The project schedule is as follows: Public Hearing- June 22, 2015 Bid Letting - July 16, 2015 Award Contract-July 27, 2015

On July 16, 2015 at 10:00 a.m., the City Clerk received bids for the Recreation Complex West Ball FieldsDrainage Improvement Project. The following bids were received:

Company BaseBid Alternate Total Bid Bluffs Paving $67,112.75 $27,815.50 $94,928.25 Olson Brothers $71,982.00 $28,532.00 $100,514.00 Neuvirth Const. $74,030.75 $27,170.20 $101,200.95 Dostal Const. $98,965.00 $40,550.00 $139,515.00

The bid of Bluffs Paving and Utility was determined to represent the lowest responsive bid for the Recreation Complex West Ball Fields - Drainage Improvement Project

Recommendation I recommend that the City Council adopt the resolution awarding a contract to Bluffs Paving and Utility for the Recreation Complex West Ball Fields - Drainrure Improvement project.


5.1. -75-

ITEM

NO.

1.

2.

3.

4.

5.

6.

7.

8.

ITEM

NO.

1.

2.

3.

4.

5.

6.

7.

8.

_h_g1_-_rt_ ASSOCIATES INC.

ENGINEER'S PRELIMINARY OPINION OF PROBABLE CONSTRUCTION COST COUNCIL BLUFFS RECREATION COMPLEX

WEST BAEBALL FIELDS - DRAINAGE IMPROVEMENTS HGM Project No. 151014

May 28, 2015

BASE BID

ESTIMATED UNIT TOTAL

DESCRIPTION QUANTITY PRICE AMOUNT

15" PVC Drain Basin with H-10 Rated Pedestrian Grate 4.00 EA $1,500.00 $6,000.00

Bioswale Subdrain 1,117.00 LF 22.00 24,574.00

8" Perforated HDPE Pipe 1,117.00 LF 16.00 17,872.00

Remove and Replace 5" PCC Sidewalk 104.00 SY 50.00 5,200.00

Remove and Replace 6" PCC Trail 28.00 SY 60.00 1,680.00

PC Concrete Apron, 18" x 18" x 5" Thick 2.00 EA 300.00 600.00

8" Fabricated Tee or Elbow with Round Drop-In Grate 4.00 EA 400.00 1,600.00

Sod 4,000.00 SF 0.40 1,600.00

Base Bid: $59,126.00

ALTERNATE BID

ESTIMATED UNIT TOTAL

DESCRIPTION QUANTITY PRICE AMOUNT

15" PVC Drain Basin with H-10 Rated Pedestrian Grate 2.00 EA $1,500.00 $3,000.00

Bioswale Subdrain 470.00 LF 22.00 10,340.00

8" Perforated HDPE Pipe 470.00 LF 16.00 7,520.00

Remove and Replace 5" PCC Sidewalk 0.00 SY 50.00 0.00

Remove and Replace 6" PCC Trail 32.00 SY 60.00 1,920.00

PC Concrete Apron, 18" x 18" x 5" Thick 2.00 EA 300.00 600.00

8" Fabricated Tee or Elbow with Round Drop-In Grate 3.00 EA 400.00 1,200.00

Sod 1,000.00 SF 0.40 400.00

Alternate Bid: $24,980.00

TOTAL: $84,106.00

5.1. -76-


July 17, 2015

Mr. John Batt, Assistant Director Department of Parks, Recreation, and Public Property 209 Pearl Street Council Bluffs, Iowa 51501

Subject: Recommendation of Award Recreation Complex- West Ball Fields Drainage Improvements HGM Project No. 151014

Dear John:


Based upon bids received today, Bluffs Paving and Utility had the lowest base bid for Contract in the amount of $67,112.75 and the lowest alternate bid in the amount of$27,815.50.

I hereby recommend award of the subject project including alternate bid to Bluffs Paving and Utility of Crescent, Iowa.

Sincerely, HGM ASSOCIATES INC.

John E. Jorgensen, P.E. Project Manager

Attachment

s:\clerical\worlalata\151014 cb rec complex\150717 cb =lie ie awanl (mmm).doc

640 FIFTH A VENUE, COUNCIL BLUFFS, IOWA 51501-6427, (712) 323-0530, FAX (712) 323-0779

5022 SOUTH 1141b STREET, SUITE 200, OMAHA l""-..o 4 IJKA 68137-2329, (402) 346-7559, FAX (402) 346-0224

5.1. -77-

BIDS mplex - West Ball Fields Drainage Improvements wa

Engineers Opinion of Probable Constr Cost

Estimated Unit Description Quantities Price

sin with H-10 Rated 4.00 EA $1,500.00

1 1,117.00 LF 22.00 ,E Pipe 1,117.00 LF 16.00 lee 5" PCC Sidewalk 104.00 SY 50.00 lee 6" PCC Trail 28.00 SY 60.00 n, 18"x18"x5" Thick 2.00 EA 300.00 or Elbow with Round Drop-

4.00 EA 400.00 4,000.00 SF 0.40

BASE BID:

------f--· sin with H-10 Rated

2.00 EA $1,500.00 1 470.00 LF 22.00 'EPipe 470.00 LF 16.00 ice 5" PCC Sidewalk 0.00 SY 50.00 - - - -- ---------- -- - - ·----,~

ice 6" PCC Trail 32.00 SY 60.00 n, 18"x18"x5" Thick 2.00 EA 300.00 or Elbow with Round Drop-

3.00 EA 400.00 1,000.00 SF 0.40

ALTERNATE BID:

I

Letting: Thursday, July 16, 2015 at 10:00 a.m. Office, City Hall 151014

--

Total Price

~-

$6,000.00 24,574.00 17,872.00 5,200.00 1,680.00

600.00

1,600.00 1,600.00

$59,126.00

·- ----

$3,000.00 10,340.00

7,520.00 0.00 - --·-------

1,920.00 600.00

1,200.00 400.00

$24,980.00 1-----·---·-

Bluffs Paving & Utility Olson Brothers Crescent, IA Council Bluffs, IA

Unit Total Unit Total Price Price Price Price

..

$1,550.00 $6,200.00 $1,062.00 - $4,248.~Q_ 25.00 27,925.00 17.00 18,989.00 16.75 18,709.75 29.00 32,393.00 59.00 6,136.00 100.00 10,400.00 69.00 1,932.00 109.00 3,052.00

455.00 910.00 250.00 500.00

325.00 1,300.00 100.00 400.00 1.00 4,000.00 0.50 2,000.00

$67,112.75 $71,982.00

$1,550.00 $3,100.00 $1,062.00 $2,124.00 25.00 11,750.00 17.00 7,~0.00

16.75 7,872.50 29.00 13,630.00 59.00 0.00 100.00 0.00 f----- -·--...... , .... , - - -----.--··-·-I----f--------69.00 2,208.00 109.00 3,488.00

455.00 910.00 250.00 500.00

325.00 975.00 100.00 300.00 1.00 1,000.00 0.50 500.00

$27,815.50 $28,532.00 ~---------·-----

• =Changed by Engineer

Neuvirth Const Blair, NE

Unit Total Price Price

~2,460_.00 $9,840.00 16.75 18,709.75 20.80 23,233.60 108.60 11,294.40 135.25 3,787.00 485.00 970.00

249.00 996.00 1.30 5,200.00

$74,030.75

$2,460.00 $4,920.00 17.70 8,319.00 17.80 8,366.00 0.00 0.00 ---------75.60 2,419.20

485.00 970.00

242.00 726.00 1.45 1,450.00

$27,170.20

HGM ASSOCIATES INC. 640 5TH A VENUE

COUNCIL BLUFFS, IOWA 515(

Dostal Construction Gretna, NE AVERAGE

Unit Total UNIT Price Price PRICE

$2,000.00 $8,000.00 $1,768.00 50.00 55,850.00 • 27.19 15.00 16,755.00 20.39 90.00 9,360.00 89.40 100.00 2,800.00 103.31 300.00 600.00 372.50

400.00 1,600.00 268.50 1.00 4,000.00 0.95

$98,965.00 * -

$2,000.00 $4,000.00 $1,768.00 50.00 23,500.00 27.43 15.00 7,050.00 19.64

100.00 0.00 64.75 100.00 3,200.00 88.40 300.00 600.00 372.50

400.00 1,200.00 266.75 1.00 1,000.00 0.99

$40,550.00


RESOLUTION APPROVING THE MAYOR AND CITY CLERK TO ENTER INTO AN AGREEMENT WITH BLUFFS PAVING AND UTILITY FOR THE RECREATION COMPLEX WEST BALL FIELDS - DRAINAGE IMPROVEMENT PROJECT.

WHEREAS, the City of Council Bluffs desires to improve the drainage at the Recreation Complex; and

WHEREAS, HGM was hired for professional services related to this project; and

WHEREAS, funding for this project will be provided by CIP, PR-15-04 in the amount of $41,300 and CIP, PR-16-05 in the amount of$53,628.25; and

WHEREAS, the plans, specifications and form of contract as prepared by HGM are on file in the Office of City Clerk; and

WHEREAS, a Notice of Public Hearing was published as required by law and a Public Hearing was held June 22, 2015.



That the bid of Bluffs Paving and Utility in the amount of $94,928.25 is hereby accepted as the lowest and best bid received for said work; and


That the City Council does hereby award the contract in connection with the Recreation Complex West Ball Fields - Drainage Improvement Project; and


That the Mayor and City Clerk are hereby authorized, empowered and directed to execute a contract with Bluffs Paving and Utility for and on the behalf of the City of Council Bluffs, upon approval of the City Attorney of the certificate of insurance and payment of performance bonds as required by the contract specifications.

Attest:

5.1.


Matthew J. Walsh

Marcia L. Worden

July 27. 2015

Mayor

City Clerk

-79-

CITY CLERK (712) 328-4616

Liquor Violations City Council Agenda

Monday, July 27, 2015

Listed below are locations set for Council approval. Please note the violation that occurred during the last licensing period.

Renewal Applications

• Fox Run, 1003 Maclneery Drive

• •

Special Event Permit Application

Lighthouse Lounge, 401 Veterans Memorial Highway Underground Restaurant and Lounge Billiards, 28 S. 291

h Street • Serious assault and a complaint report - 61612015

../ It should be noted that the establishment had a permit on the date in question for an outdoor beer garden. Police were called because of a disturbance which resulted in the complain report. According to the report there was an "overflow" crowd and several people were causing problems but they left before officers arrived. The officers also investigated an assault at that location and a report was filled out. No arrest was made at the time of the report.

CITY OF COUNCIL BLUFFS, IOWA - 209 PEARL STREET - 51503-4270 FAX (712) 328-2137

"An Equal Opportunity Employer"

ABO Licensing - Applicant Pa e 1 of I

>f'lfllhgel

• ApplDnl

.. stnll Of Bullinua

> °"'*""Ip

.. CrtmnlllHlatllry

• Pn1mi111

" General PremiM1

z Applielnt Signllllra

• DrlmCtrl

• LomlEndorM

• Hlnny

•

Stal! of Iowa ALCOHOLIC BEVER~ DIVISION

nlcohol Tobacco

Links Conlact

RENEWAIJJ NEW D SPECIAL EVENT POLICE /!!&_ local Amt ___ _

FIRE ~ Endorsed ------HEALTH ~ Issued ------:~Mie,,~""""!1-- Expires ___ _

Applicant LC0033993, Fox Run Golf Course, Council Bluffs After completion click on the NEXT Hnk to continue to U11111Jlt 1cn111, or the BACK llnk to ntum to tfle pn!lllou• •c...,n. The navlg1llon llnlca on the tap 1111y •l•o be ueed to move 1round the appllcllllon.

l:1J Prev

Corporation NamllSole Proprll!lol};,;;;'"-- · · ·• ··- ··-· ·----, Name/Parlnenlllp Nlllllllj•): ~~i~_!'.~~~.__J I~• ""'P-ip, P011n•rohlp, Corporau..,, lie.I

NameufBUtllneM(DIBIA): Fo~un'Golf~.- . . _ _ _,_ ··--·- ·--" .- .. ·---· -

Addreas or PrenUe: 31!"1 ~~c!~~~~ ~;.-Addnu ~ 2:

city c:i;iiciiiiUii;--·'V1 county:_~oi~~~;;""vj-- --·

I' --··· ···- ..... Zlp:irr~ 1

Buslnns Phone: <?~~) jst485~ ~ ·-- ___ _=::

Folo.. UI with RSS, Facebook °'Twitter

ContactUI

Iowa. Jcohelic Beverages Ol\llalon 1f.18 SE HUisizer Road, Mrlwny, IA 50021

Toll Free 868.lowa.t.SD (lle'.i.<1811.2223) LOC&l 515.281.7400

Terms and Conditions P!Mlcy Polley

Copyright~ State Of IO'.Y8 ,\lcohollc BtlWllllges Division. All Righl8 Resal'll3d.

Cell / Home PllOne:

Next w

httns://elicensinll.iowaabd.com/ Annlicant.asnx 6.A. 7/R/201 5 -80-

ABD Licensing - Applicant Page 1 of I

Appnc.nt

r SlllusOlllluilnMI

> OWnetWhlp

• Crini!lll H1ato<y

., PIW!Ue•

G ........ Plllni•H

· Applicant Slgnlllure

• Dl'lm Cell

• LOCI! EndolM

•

StaieaflDWil ALCOHOUC BE~ DIVISION

AJcohOI Tob111;CO

Links Contad

Cl RENEWAL D· NEW · PECIAL EVENT POLICE efJ U>cal Amt . . ARE 6l'-" Endorsed ------HEALTH /A~ Issued ___ _ BUILDING -l!fL_ Expires ___ _ ZONING~

Appllcant LC_V_60265, Lighthouse Lounge, Councll Bluffs After completlon cRck on the NEXT Hnk to conl!nue to the next ac-n. or the BACK llnk to return to Ille prelllous screen. The navigation llnkS on the top mey also be used ID move lll'Ound the application.

~' Prev

FollCMr ua wHh RSS. F-ix>ok or Twitter

Contac:tUa

Iowa AJcoho:c Beveniges Oivilion 1918 SE Hul8l%8t Road, Arbny, IA 50021

Toi Free 866.lowMBO (868."469.2223) Local 615.281 .7400

Tenns and Cond\tiOns Privacy Policy

Copyriltrt C2009 State of Iowa Alcoholic Bewrages Division. All Rights Reserved.

·-·- . ---~ .... --·· -Cell I Home Phone: :(402) 29~535 :

~---·-- ·- ·---·--

Next(}>·

httos://elicensine:.iowaabd.com/ Ann· - 7/8/201 -81-

c_ ..q- L UJ m-ef· wirt~ Owner

(Y\Od1{".~J 8-l'J-f Lj

... ""'-z;fMl ~~

J I '~ 11 I

' . . L~

176.-iG

AVI r~ ~ eo.;: \)~ s~s . -\ e !\'\ p.,.(-o..~ - 5 &"--'() 9t'' m ,-\ ·

. 1/-~b-f I~ J_ ·"tJ~S- .

AHU Ltcensmg - uurooor :service l"nvuege Page l ot l

Help License Search

> Privilege Outdoor Service

> Applicant Signature

> Dram Cert

> Local Endorse

C RENEWAljJ NEW PECIAL EVENT State of Iowa POLICE .?1fi_ Local Amt ___ _ ALCOHOLIC ~ -BEVER. OIVISIO ~;.~ Enclorsed

Alcohol ffEA[ -~~Issued ____ _ Tobacco ~-· • Links BUILDING ~'~P Expires ____ _

License List

Contact ZDNlfG Keg Registration

Search Log off

Outdoor Service Privilege LC0039981, Underground Restaurant and Lounge Billiards, Council Bluffs After completion click on the NEXT link to continue to the next screen, or the BACK link to return to the previous screen. The navigation links on the top may also be used to move around the application.

An Outdoor Service Area is a designated area that is adjacent to the licensed premises. The Application is to be used only if adding Outdoor Service Area Privilege after the original license has been issued. If Outdoor Service Area Privilege Is requested at license renewal, mark the appropriate box on the renewal Privileges screen.

After approval the Iowa Alcoholic Beverages Division, an amended license will be mailed to the Local Official.

Outdoor Service area dates {must fall within license period)

From: IOB/25/2015 l MM/DD/YYYY To: jos/31i2Q'-1~5--· ~l MM/DD/YYYY

Submit to the Local Authority the Outdoor Service Area Oram Shop Endorsement. Endorsement dates must correspond with the requested outdoor service dates. (Accord certificates are not accepted). Explain how the boundaries of the Outdoor Service Area are designated (fence, barricades, etc.)

!orange safety fence around the entire area. - ------- -·-·-- l

Submit a sketch to the Local Authority on 8 '12 x 11" white paper of the outdoor service area showing its relationship to the licensed premises. If a tapper wagon, beer truck etc. is being used, attach a copy of the rental receipl

f!l Prev

Follow us with RSS, Facebook or Twitter

Contact Us

Iowa Alcoholic Beverages Division 1918 SE Hulsizer Road, Ankeny, IA 50021

Toll Free 866.lowaABD (866.469.2223) Local 515.281.7400

Terms and Conditions Privacy Policy

Copyright ©2009 State of Iowa Alcoholic Beverages Division. AU Rights Reserved.

CCKlTfµb ( 64R£S.S) ( l I 1

Next !!l

https://elicensing.iowaabd.com/OutdoorServict 6 .B. 7115/2015 -82-

6.B. -83-

)di (..t..J~;i l ~ ;'.:!\·'. '. ; :., '.'.·;·

APPLICATION FOR IOWA RETAIL CIGARE1TE I TOBACCO/NICOTINENAPOR PERMIT For period 20 _through June 30, 20 ..Li.t2

PLEASE TYPE OR PRINT CLEARLY Please mail this completed application to your local jurisdiction. If you have questions, call yaur city clerk (within city llmlts) or your county auditor (outside city limits}.

INVe hereby make application for a ret~il permit to sell cigarettes, tobacco, alternative nicotine, or vapor products: BUSINESS INFORNIAT~ CJ Name of Name of Buslness/DB~~?P ~.F Q~ 1 ·-~ Location Address (Required): ,9 ~::i '."} ,;i "I 1-"l <"'=: ~- . , . . Mailing Address: Si; .. ·NW City: e: ~ nt i l g I u! r ~State/Zip: s /.S<J I Type of Sales: _Vending Machine 2(0ver-th&-e0unter Telephone Number Qw .3J:~. <:Sex.£) Type of Retail Establishment: has vending machine that assembles cigarettes _ bar ~ convenience store, with gas _ drug store gas station

grocery convenience store, no gas liquor store restaurant - tobacco store - hoteVmotel - other

Cigarettes must be sold at the minimum price set by the State of Iowa. Obtain a current copy from the Iowa Department of Revenue website (www.iowa.gov/tax) by clfcklng on forms, then click on clgaretteltobaoco, and finally click on form 71 ·023. ONLY APPROVED BRANDS OF CIGARETTES OR ROLL-YOUR-OWN PRODUCTS MAY BE SOLD IN IOWA. Any brand not on the llst Is contraband. In addition, all cigarettes sold In Iowa must have an Iowa Cigarette Tax Stamp affixed to each package. Any violation of contraband or non~lowa cigarette tax stamped package Is subject to seizure and penalties under the provisions of Iowa <;:ode 453A and 4530.

,. Check the list of approved brands (www.iowa.gov/taxlbusiness/ClgToblndex.html) and Is called IOWA DIRECTORY OF CERTIFIED TOBACCO PRODUCTS MANUFACTURERS BRANDS ANO BRAND FAMILIES

Go to http:/lelists.idrf.sta.te.fa.uslscriptslwa.exe and ~lgn up for the Cigarette/Tobacco allst (listserv).

You will receive an e-mall every time the approved list changes or the minimum price changes.

LEGAL OWNER INFORMATION Type of Ownership: lndlvldual Partnership_ Corporation>-; LLC LLP

Legal OWner: __ --'7.:-:---~~~---~-~-~~~~-~~--------(Name of lndlvlduel, Partnership, Corporation, LLC, or LLP)

Mailing Address: ____________________________ _ City: State: Zip: Ph. Number.(__) ____ _ Fax Number: ( _) E-mail Address:. _______________ _

If application Is approved and permit granted, I/we do hereby bind ourselves to a faithful observance of the laws governing the sale of cigarettes, tobacco, alternative nicotine, and vapor products.

SIGNATURE OF OWNER, PARTNER(S), OR CORPORATE OFFICIAL Name (please print}: Name (please print):. _________ _ Signature: Signature:--------------Date: Date:

FOR OFFICE USE ONLY

Amount Pafd: ----

Date Issued: ----PermH#: ------

_New _Renewal

FOR CITY CLERK/COUNTY AUDITOR ONLY

PLEASE SEND COMPLETED COPY TO TliE IOWA DEPARTMENT OF COMMERCE, ALCOHOLIC BEVERAGE DIVISION Name of ls•ulng City or County _____ _

70-014 (6/5/14)

6.C. . , .g4 •

Documents

CITY COUNCIL STUDY SESSION CITY COUNCIL CHAMBERS … · 2015-08-12 · CITY COUNCIL STUDY SESSION CITY HALL CITY COUNCIL CHAMBERS SECOND FLOOR 209 PEARL STREET COUNCIL BLUFFS IOWA