HomeMy WebLinkAbout2013-03-19 ResolutionW
Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5043
RESOLUTION NO. 13 -76
RESOLUTION TO ISSUE DANCING PERMIT
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing
Permit as provided by law is hereby granted to the following named person and at the
following described locations upon his/her filing an application, having endorsed thereon
the certificates of the proper city officials as to having complied with all regulations and
ordinances, having a valid beer, liquor, or wine license /permit, to wit:
Caliente Night Club, Inc. -
Passed and approved this 19th day of
ATTEST:tu�
CITY CLERK
171 Highway 1 West
March
-mat 5&
Approved by
20 13
City Attorney's Office
It was moved by Mims and seconded by Champion the
Resolution be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
Champion
x
x
Dickens
x
Dobyns
x
Hayek
Mims
x
Payne
x
Throgmorton
x
03 -19 -13
2c(8)
1�
148
2d(1)
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246
RESOLUTION NO. 13 -77
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE
CITY OF IOWA CITY AND HILLS BANK AND TRUST COMPANY,
CORALVILLE, IOWA FOR PROPERTY LOCATED AT 1939 CHELSEA
COURT, IOWA CITY, IOWA.
WHEREAS, the City of Iowa City is the owner and holder of a Forgivable Mortgage,
executed by the owner of the property on March 25, 2010, recorded on April 6, 2010, in
Book 4572, Page 171 through Page 176 in the Johnson County Recorder's Office
covering the following described real estate:
Lot 126, Village Green — Part XXIV, Iowa City, Iowa, according to the plat thereof recorded in
Book 50, Page 175, Plat Records of Johnson County, Iowa.
WHEREAS, Hills Bank and Trust Company has financed a mortgage to the owner of the
property located at 1939 Chelsea Court and is securing the loan with a mortgage
covering the real estate described above; and
WHEREAS, Hills Bank and Trust Company has requested that the City execute the
attached subordination agreement thereby making the City's lien subordinate to the lien
of said mortgage with Hills Bank and Trust Company; and
WHEREAS, there is sufficient value in the above - described real estate to secure the City
position.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the
subordination agreement between the City of Iowa City and Hills Bank and Trust
Company, Coralville, Iowa.
Passed and approved this 19th day of March , 20__D_•
MAYOR
Approved by j
ATTEST:
CITY CLERK City Attorney's Office
Resolution No.
Page 2
13 -77
it was moved by Mims and seconded by Champion the
Resolution be adopted, and upon roll call there were:
AYES:
X
x
x
x
x
X
NAYS:
ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
SUBORDINATION AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Hills
Bank and Trust Company, Coralville, Iowa, herein the Financial Institution.
WHEREAS, the City is the owner and holder of certain Forgivable Mortgage which at this time is
in the amount of $32,400, and was executed by Nancy L. Fraga (herein the Owner), dated March
25. 2010, recorded April 6, 2010, in Book 4572, Page 171 through Page 176, Johnson County
Recorder's Office, covering the following described real property:
Lot 126, Village Green — Part XXIV, Iowa City, Iowa, according to the plat thereof recorded in Book 50,
Page 175, Plat Records of Johnson County, Iowa.
WHEREAS, the Financial Institution has loaned the sum of $125.940 on a promissory note to be
executed by the Financial Institution, securing a mortgage covering the real property described
above; and
WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the
Forgivable Mortgage held by the City be subordinated to the lien of the mortgage made by the
Financial Institution.
NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto,
the parties agree as follows:
1. Subordination. The City hereby covenants and agrees with the Financial Institution that
the above noted Forgivable Mortgage held by the City is and shall continue to be subject
and subordinate to the lien of the mortgage about to be made by the Financial Institution.
2. Consideration. The City acknowledges receipt from the Financial Institution of One
Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of
subordination herein.
3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby
acknowledged as a lien superior to the Forgivable Mortgage of the City.
4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the
respective heirs, legal representatives, successors, and assigns of the parties hereto.
MnRC. 120 13 .
Dated this 19 4-4 day of
CITY OF IOWA CITY FINANCIAL INSTITUTIO
By BY
Mayor
Attest:
r
City Cterk
CITY'S ACKNOWLEDGEMENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this /94-k day of MAac44 , 20 /3 , before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Ma- +hew �T K and
Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the
Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and
sealed on behalf of the corporation, by authority of its City Council, as contained in (Gfdinsrrce)
(Resolution) No. 13- 77 passed (the Resolution adopted) by the City Council, under Roll Call
No. of the City Council on the 19 41' day of MAAcu , 20 13 , and
that Q7 and Marian K. Karr acknowledged the execution of the
instrument to be their voluhtary act and deed and the voluntary act and deed of the corporation, by it
voluntarily executed.
jSONDRAE FORT
Commission Number 159791 1 .gym Q
y?mm�0 SExpires Notary Public in and for the State of Iowa
LENDER'S ACKNOWLEDGEMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this 7tt' day of 111444 -CA , 20 / 3 , before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared f pyh to me
personally known, who being by me duly sworn, did say that he /she is the ✓P
of IT4 &'M It 'a'j Ta IL Cam_, that said instrument was signed on behalf of said
corporation by authority of its Board of Directors; and that said C -4&-,3 4e•i,% acknowledged
the execution of said instrument to be the voluntary act and deed of said corporation, by it and by
him /her voluntarily executed
KEVIN J. @ACV W813
�',
CommkWon Number 199449
• My C%n Iasi n Expires
cat. G
ja44, 14"
Notary ublic in and for the State of Iowa
My Commission expires: ITra
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246
RESOLUTION NO. 13 -7
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE
CITY OF IOWA CITY AND HILLS BANK AND TRUST COMPANY,
CORALVILLE, IOWA FOR PROPERTY LOCATED AT 213 HUNTINGTON
DRIVE, IOWA CITY, IOWA.
WHEREAS, the City of Iowa City is the owner and holder of a Forgivable Mortgage,
executed by the owner of the property on November 23, 2009, recorded on November
25, 2009, in Book 4532, Page 406 through Page 411 in the Johnson County Recorder's
Office covering the following described real estate:
Unit 1 -A, Stonehenge Condominiums, Iowa City, Iowa, according to the Declaration thereof
recorded in Book 3976, page 829, Records of the Johnson County Recorder.
WHEREAS, Hills Bank and Trust Company has financed a mortgage to the owner of the
property located at 213 Huntington Drive and is securing the loan with a mortgage
covering the real estate described above; and
WHEREAS, Hills Bank and Trust Company has requested that the City execute the
attached subordination agreement thereby making the City's lien subordinate to the lien
of said mortgage with Hills Bank and Trust Company; and
WHEREAS, there is sufficient value in the above - described real estate to secure the City
position.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the
subordination agreement between the City of Iowa City and Hills Bank and Trust
Company, Coralville, Iowa.
Passed and approved this 19th day of March , 20 13
MAYOR
ATTEST: _e-
CITY LERK
Approved by
City Attorney's Office
(2=
Resolution No. 13 -78
Page 2
It was moved by Mims and seconded by champ i on the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Champion
—X_ Dickens
x Dobyns
—_ Hayek
x Mims
x Payne
—_ Throgmorton
SUBORDINATION AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Hills
Hank and Trust Company, Coralville, Iowa, herein the Financial Institution.
WHEREAS, the City is the owner and holder of certain Forgivable Mortgage which at this time is
in the amount of $21,948, and was executed by Brandon M Vogelsberg (herein the Owner),
dated November 23. 2009, recorded November 25, 2009, in Book 4532, Page 406 through Page
411, Johnson County Recorder's Office, covering the following described real property:
Unit I-A, Stonehenge Condominiums, Iowa City, Iowa, according to the Declaration thereof recorded in
Book 3976, page 829, Records of the Johnson county Recorder.
WHEREAS, the Financial Institution has loaned the sum of $ 72.000..00 on a promissory
note to be executed by the Financial Institution, securing a mortgage covering the real property
described above; and
WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the
Forgivable Mortgage held by the City be subordinated to the lien of the mortgage made by the
Financial Institution.
NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto,
the parties agree as follows:
Subordination. The City hereby covenants and agrees with the Financial Institution that
the above noted Forgivable Mortgage held by the City is and shall continue to be subject
and subordinate to the lien of the mortgage about to be made by the Financial Institution.
2. Consideration. The City acknowledges receipt from the Financial Institution of One
Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of
subordination herein.
3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby
acknowledged as a lien superior to the Forgivable Mortgage of the City.
4. Binding Effect This agreement shall be binding upon and inure to the benefit of the
respective heirs, legal representatives, successors, and assigns of the parties hereto.
4h
Dated this j . day of 2Q
CITY OF IOWA CITY
Attest:
[a Fro] I
CITY'S, ACKNOWLEDGEMENT
STATE OF IOWA
) SS:
JOHNSON COUNTY
FINANCIAL INSTITUTION
On this 1g{ 4-h day of ...- /11 AKC H 20 L5 _ .
_ , before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared ffioL+f4,*--, -T V , and
Marian K. Karr, to me personally known, and, who, being by me duly sworn, did shy that they are the
Mayor and City Clerk, respectively, of the City of Iowa CRY, Iowa; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and
sealed on behalf of the corporation, by authority of its City Council, as contained in (9fd44wwe)
(Resolution) No. IZ - 75 _ passed (the Resolution adopted) by the City Council, under Roll Call
No. of the City Council on the y if day of 2Q is , and
that Ma-4-khtw -V- Aa-ua-4 and Madan K. Karr acknowledged the execution of the
instrument to be their volunYary act and deed and the voluntary act and deed of the corporation, by it
voluntarily executed.
— -T
ciAl S
ONDRAE
FORT
0 Commission Number 159
791 So na,t .....
My Com m ission .
Expires
Notary Public in and for the State of Iowa
ao /5
(-on
By
On this 1g{ 4-h day of ...- /11 AKC H 20 L5 _ .
_ , before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared ffioL+f4,*--, -T V , and
Marian K. Karr, to me personally known, and, who, being by me duly sworn, did shy that they are the
Mayor and City Clerk, respectively, of the City of Iowa CRY, Iowa; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and
sealed on behalf of the corporation, by authority of its City Council, as contained in (9fd44wwe)
(Resolution) No. IZ - 75 _ passed (the Resolution adopted) by the City Council, under Roll Call
No. of the City Council on the y if day of 2Q is , and
that Ma-4-khtw -V- Aa-ua-4 and Madan K. Karr acknowledged the execution of the
instrument to be their volunYary act and deed and the voluntary act and deed of the corporation, by it
voluntarily executed.
— -T
ciAl S
ONDRAE
FORT
0 Commission Number 159
791 So na,t .....
My Com m ission .
Expires
Notary Public in and for the State of Iowa
ao /5
LENDER'S ACKNOWLEDGEMENT
STATE OF IOWA
) ss:
JOHNSON COUNTY )
On this 01 day of 24arck , 2013 ,amore me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared �d'ols/ to me
rsonal! known who being b me duty sworn, did say that he/she is the 5' 4
personally g Y Y Y �(�-- � TL's �
of �S f1 IC ¢ TMf Cb=44W, that said instrument was signed on behalf of said
corporation by authority of its Board of Directors; and that said -raynn C. Scl Ml�f— acknowledged
the execution of said instrument to be the voluntary act and deed of said corporation, by it and by
him/her voluntarily executed. kmAh�lvaj&
Nofa-q Public In and for the State of Iowa
My Commission expires: 10-16 -lsir"
L 8 REBECCA DeWAARD
o~� Commission Number 138061
My Com ion Tres
owP"
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030
RESOLUTION NO. 13 -79 _
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST
TO THE PARTIAL RELEASE OF MORTGAGE FOR THE PROPERTY LOCATED AT 2501,
2505, 2509, 2513, 2519, 2523, 2527, 2559, 2563, 2567, 2531, 2537, 2541, 2545, 2549, and
2555 CLEARWATER COURT.
WHEREAS, on August 2, 1996, Saratoga Springs Limited Partnership executed a mortgage in
favor of the City to secure a loan and an agreement for CDBG and HOME funds; and
WHEREAS, the loan has been paid in full, but the requirements under the agreement for CDBG
and HOME funds do not expire until December 31, 2017; and
WHEREAS, the mortgage should be partially released to reflect that the loan has been paid.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
The Mayor is authorized to sign and the City Clerk to attest the attached Partial Release
of Mortgage for recordation, whereby the City does partially release the property located
at 2501, 2505, 2509, 2513, 2519, 2523, 2527, 2559, 2563, 2567, 2531, 2537, 2541,
2545, 2549, and 2555 Clearwater Ct., Iowa City, Iowa from the mortgage recorded on
December 3, 2003 at Book 3674, Pages 1 -33 of the Johnson County Recorder's Office.
2. The City Clerk is authorized and directed to certify a copy of this resolution for
recordation in the Johnson County Recorder's Office, together with the attached Partial
Release of Mortgage, said recording costs to be paid by The Housing Fellowship.
Passed and approved this 19th day of March , 2013.
MAYOR
ATTEST:
CITY-CLERK
Approved by
� 3_(--(3
City Attorney's Office
Resolution No. 13 -79
Page 2
It was moved by Mims and seconded by Champion the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ASSENT:
x Champion
x Dickens
x Dobyns
x Hayek
x Mims
x Payne
x Throgmorton
Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5030
PARTIAL RELEASE OF MORTGAGE
The City of Iowa City does hereby partially release the property at 2501, 2505, 2509, 2513, 2519, 2523,
2527, 2559, 2563, 2567, 2531, 2537, 2541, 2545, 2549, and 2555 Clearwater Ct., Iowa City, Iowa City,
Iowa, and legally described as follows:
Lots 85 through 100, Walden Ridge Part 4, Iowa City, Iowa.
from a financial obligation of The Housing Fellowship, assignee of Saratoga Springs Limited
Partnership, to the City of Iowa represented by the mortgage and Agreement between the City of Iowa
City and Robert Burns \Greater Iowa City Housing Fellowship Joint Venture (d.b.a. Saratoga Springs
Limited Partnership for the Use of Community Development Block Grant and HOME Investment
Partnership Funds ( "Agreement ") executed on August 2, 1996, which was recorded on December 3, 2003
in Book 5046, Pages 1 -33 in the office of the Johnson County Recorder.
The City of Iowa City does not release said property from the non- financial obligations of the owner that
are contained in the Agreement that is secured by said mortgage. Said obligations will expire on
December 31, 2017.
CITY OF IOWA CITY, IOWA
By:
Matthew J. Hayek, Mayor
By: -X k . ` 4-A �
Approved: Marian K. Karr, City Clerk
City Attorney's Office
STATE OF IOWA )
)ss:
JOHNSON COUNTY )
a-h
On this tq day of MArzcr+ , 2013, before me, the undersigned, a Notary Public in and for said
County and State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who
being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal
corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said
municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation
by authority of City Council of said municipal corporation; and that the said Matthew J. Hayek and Marian
K. Karr acknowledged the execution of said instrument to be the voluntary act and deed and said municipal
corporation, by it and by them voluntarily executed.
SONDRAE FORT
_ commission Number 159791
Notary Public in and for the State of Iowa
My Commission Expires ry
w 8 aal.5
2d(4)
Prepared by: Kumi Morris, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5044
RESOLUTION NO. 13 -80
RESOLUTION TO RESCIND RESOLUTION 12 -522 AND ACCEPTING THE WORK
FOR THE IOWA CITY FIRE STATION NO. 4 PROJECT
WHEREAS, the Engineering Division has recommended that the work for construction of the
Iowa City Fire Station No. 4 Project, as included in a contract between the City of Iowa City and
Corporate Contractors, Inc. of Beloit, Wisconsin, dated March 23, 2010, be accepted; and
WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the
City Clerk's office; and
WHEREAS, funds for this project are available in the Fire Station No. 4 Project account # 4407;
and
WHEREAS, the final contract price is $ 2,619,490.29.
WHEREAS, authorization by this resolution will rescind and replace the previous authorization
under Resolution No. 12 -522.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT Resolution No.12 -522 is rescinded and said improvements are hereby
accepted by the City of Iowa City, Iowa.
Passed and approved this 19t' day of March, 2013.
ATTEST: 2,
CITY CLERK
MAYOR
Approved by
,da,ZO
City Attorney's Office 3 ��
It was moved by Mims and seconded by Champion the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
_x Champion
x Dickens
x Dobyns
x Hayek
_ x Mims
x Payne
x Throgmorton
S.IENGWRCHITECTURE FILE\ProjectsTire Station 4 Prolecl%Close out documentsXRevised resolution and final cost \Iowa City Fire Station No 4 Project Accept REVISED FINAL COST.doc
3/13
. r 1
_._
tom''`
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 -1826
(319) 356 -5000
(319) 356 -5009 FAX
ENGINEER'S REPORT www.icgov.org
March 3, 2013
Honorable Mayor and City Council
Iowa City, Iowa
Re: Iowa City Fire Station No. 4 Project
Dear Honorable Mayor and Councilpersons:
I hereby certify that Corporate Contractors, Inc., of Beloit, Wisconsin has
completed the construction of the Iowa City Fire Station No. 4 Project in
substantial accordance with the plans and specifications prepared by Rohrbach
Associates PC of Iowa City, Iowa. The required performance and payment bond
is on file in the City Clerk's office.
The final contract price is $2,619,490.29.
I recommend that the above - referenced improvements be accepted by the City
of Iowa City.
Sincerely,
Ron Knoche, P.E.
City Engineer
S1ENG ARCHITECTURE FILE\Projecls\Fire Station 4 Project \Close out documents\Revised resolution and final cost \REVISED COST in Engineer's Letter Iowa
City Fire Station No 4 Project 03 03 13.doc
2d(5)
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City IA 52240 -1826
(319)356 -5041
March 7, 2013
Mayor Matt Hayek
410 E. Washington Street
Iowa City, IA 52240
Dear Mayor and Council Members:
At the March 6, 2013 meeting, the PCRB voted in open session to request a 45 -day extension
to its regular 45 -day reporting deadline for the Public Report according to the City Code for
PCRB Complaint #12 -06 for the following reasons:
• Request for more information from Iowa City Police Department
• Public Report presently due April 8, 2013
45 -day Extension request — Report would be due on May 23, 2013
The Board appreciates your prompt consideration of this matter.
Sincerely,
Joseph Treloar, Chair
Police Citizens Review Board
cc: City Attorney
Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington Street, Iowa City, IA 52240 319/356 -5030
RESOLUTION NO. 13 -81
RESOLUTION REPEALING RESOLUTION NO. 00 -102 OF THE CITY
COUNCIL OF THE CITY OF IOWA CITY AND APPROVING A NEW
RESOLUTION SETTING THE ORDER OF BUSINESS FOR FORMAL
COUNCIL MEETINGS.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA, that said Council does hereby repeal Resolution No. 00 -102 and, in
its place, establishes the rules for Order of Business and the content of the Consent
Calendar at formal meetings as follows:
A. Order of Business
The business of the City Council shall be taken up for consideration in
substantially the following order, except as otherwise ordered by the Mayor or
City Council
1. Roll Call
2. Mayor's Proclamations
3. Consent Calendar
4. Community Comment (until 8:00 p.m.)
5. Planning and Zoning Matters: hearings, recommendations, ordinances
and resolutions, with the exception of setting public hearings which shall
be on the Consent Calendar
6. Other Public Hearings
7. Other Ordinances
8. Other Resolutions
9. Community Comment (continued if necessary)
10. Council Business
11. City Manager, City Attorney, and City Clerk Business
12. Adjournment
B. Content of Consent Calendar
Those items on the Agenda which are considered routine will be listed under the
Consent Calendar and be enacted by one motion, with a roll call vote. If the
Mayor, a Council member or a citizen specifically requests that any of the items
be considered separately, these items will be removed and considered later on
the Agenda.
Passed and approved this 19th day of
ATTEST: .
CITY CLERK
March 2013.
MAYOR
A r ved by
City Attorney's Office
�03-19�
2d(8)
13-/3
Resolution No. 13 -81
Page 2
It was moved by Mims and seconded by Champion the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
�t Champion
x Dickens
x Dobyns
x Hayek
x Mims
x Payne
x Throgmorton
Za(s)
Prepared by: Eric R. Goers, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 13 -82
RESOLUTION WAIVING A POTENTIAL CONFLICT OF INTEREST FOR
SIMMONS PERRINE LAW FIRM.
WHEREAS, the Simmons Perrine firm currently represents the City of Iowa City in construction
litigation; and
WHEREAS, until recently, Jeff Rosenkrantz worked as in -house counsel for the Cedar Rapids
and Iowa City Railway Company ( CRANDIC), an Alliant Energy Transportation Company; and
WHEREAS, Mr. Rosenkrantz now is employed as an associate at Simmons Perrine; and
WHEREAS, the City of Iowa City is seeking property rights from CRANDIC as part of the
Westside Levee project; and
WHEREAS, CRANDIC wishes to employ Mr. Rosenkrantz to represent their interests in their
negotiations with the City, and
WHEREAS, ethics rules governing lawyers do not allow a single firm to simultaneously represent
a client (the City in this case) in one legal matter and another entity against the City in another
legal matter without a waiver from both parties; and
WHEREAS, Simmons Perrne is not privy to any confidential information about the City through
their representation in the construction litigation matter that would harm the City's position in the
property acquisition matter; and
WHEREAS, it is the opinion of the City Attorney's Office that CRANDIC should be allowed to
select counsel of their choosing, and that such representation should not harm the City's interests
in either case.
WHEREAS, attached is a conflict waiver prepared by Simmons Perrine and approved by the City
Attorney's Office; and
WHEREAS, approval of this conflict waiver is in the public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The attached conflict waiver is approved.
2. The City Manager is authorized to take whatever steps are necessary to effectuate the waiver.
Passed and approved this 19th day of March , 20 13
..- Q01 E
�h,�LA Ap proved by
ATTEST: k . : / /.2
CITY CLERK City Attorney's Office
Resolution No. 13 -82
Page 2
It was moved by Aims and seconded by Champion the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
_x Champion
x Dickens
x
x Hayek
x Mims
x Payne
x Throgmorton
S
SIMMONS PERRINE MOYER B ER MA
Writer's Direct Dial No. (319) 8964029
Writer's Voice Mail Ext.: 229
E -Mail Address: jstone@simmonsperrine.com
March 13, 2013
Tom Markus, City Manager
c/o Eric Goers, Assistant City Attorney
410 East Washington Street
Iowa City, Iowa 52240
Email: eric -goers @ iowa- city.org
RE: Conflict of Interest Waiver
Dear Mr. Markus,
I am writing to inform you that Cedar Rapids and Iowa City Railway
Company ( "CRANDIC ") has asked Simmons Perrin Moyer Bergman PLC to provide
legal services as outside counsel in connection with a real estate transaction with the City of
Iowa City. I am writing to inform you about both the conflict of interest and to request
waiver of the conflict.
Simmons Perrine Moyer Bergman PLC has acted as counsel for CRANDIC
and the City of Iowa City on many matters. Currently, the firm represents the City of lowa
City on in Judds Brother v. City of Iowa City and a claim against Knutson Construction
Services arising out of the water treatment plant.
There is a potential of a conflict of interest when a lawyer represents a
company against a client with whom. it has done business in the past or may do business
with in the future. The Iowa Rules of Professional Conduct governing lawyers have specific
requirements regarding conflicts of interest. If there is a significant risk that the
representation of one or more clients will be materially limited by the lawyer's
responsibilities to another client, a conflict exists. Nonetheless, a lawyer may represent a
client if the lawyer reasonably believes that the lawyer will be able to provide competent and
diligent representation to each affected client, the representation is not prohibited by law,
and the representation does not involve the assertion of a claim by one client against
another client represented by the lawyer in the same litigation or other proceeding before a
tribunal. Finally, each affected client must give informed consent in writing to permit such a
representation. The purpose of this correspondence is to make full disclosure of the potential
conflicts or sources thereof and obtain such informed consent, if you are in agreement.
www. s.i rnmonsperri.ne, cam
■ 11S Third Street SL, Suite 1200, Cedar Rapids, Iowa 52401 • Telephone (319) 366 -7641 • Fax (319) 366 -1917
0 City Center Square, 1100 - 5'" Street, Suite 205, Coralville,lowa 52241 • Telephone (319) 354 -1019 • fax (319) 354 -1760
Simmons Perri>ne .Moyer Bergman PLC
March 13, 2013
Page 2
Notwithstanding the firm's representation of both the City of Iowa City and
CRANDIC, I believe the firm will be able to provide competent and diligent representation
to both CRANDIC and the City of Iowa City on these unrelated matters. I do not anticipate
the firm's representation of CRANDIC in the real estate transaction will affect the firm's
representation of either the City of Iowa City. However, professional rules require a law
firm to obtain written client consents before representing one client on a matter which is
adverse to another current client. In asking these consents, we assure you: (1) that we will
not use confidential client information in any way to either client's disadvantage and (2)
that we will be able, fully and properly, to represent the City of Iowa City and CRANDIC
on their separate matters without our representation of either client .being affected by our
representation of the other client. If at anytime during the course of our representation of
CRANDIC that it appears our judgment or focus is compromised or may be compromised,
we will advise you of this.
If you have any questions about the information contained in this letter or if
you do not want this firm to undertake the representation of CRANDIC in this deal, please
advise me, If you are satisfied with this disclosure and agree to waive the conflict of interest,
I would ask that you please sign this letter below my signature and return it to me. Thank
you for your cooperation.
Very truly yours,
Jeffrey A. Stone
JAS /aj
Accepted and agreed to this day of , 2013.
City of Iowa City
Torn Markus, City Manager
mot `
,r}
Prepared by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 319 - 356 -5030
RESOLUTION NO. 13 -83
CONSIDER A RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST CONSIDER AN AGREEMENT
BY AND BETWEEN THE CITY OF IOWA CITY AND KEVIN BERG FOR THE
PURCHASE OF RETIRED K -9 OFFICER NATON
WHEREAS, the Iowa City Police Department owns a Belgian Malinois dog known as K -9 Officer
Naton; and
WHERAS, the Iowa City Police Department wishes to retire Naton, who has performed beyond
his service life; and
WHEREAS, Kevin Berg is an Iowa City Police Department Police officer, K -9 trainer and current
handler of Naton and wishes to purchase Naton.
WHEREAS, the parties wish to memorialize this agreement between the City of Iowa City and
Kevin Berg for the purchase of retired K- Officer Naton which outlines the respective rights and
responsibilities of each party.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1 The Mayor is hereby authorized to sign and the City Clerk to attest the K -9 purchase
agreement for retired Officer Naton attached hereto and incorporated by reference herein.
Passed and approved this 19th day of March , 2013.
�J
I FA • .
ATTEST: k
CITY CLERK
Resolution No. 13 -83
Page 2
It was moved by Mims • and seconded by Champion the
Resolution be adopted, and upon roll call there were:
AXES: NAYS: ABSENT:
x Champion
x Dickens
x Dobyns
x Hayek
x Mims
x Payne
x Throgmorton
K -9 PURCHASE AGREEMENT
THIS K -9 PURCHASE AGREEMENT, is made and entered into this 14 day of March, 2013, by
and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and
Kevin Berg, hereinafter referred to as the Purchaser.
WHEREAS, the Iowa City Police Department owns a Belgian Malinois dog known as K -9 Officer
Naton; and
WHERAS, the Iowa City Police Department wants to retire Naton; and
WHEREAS, Kevin Berg is an Iowa City Police Department Police officer, K -9 trainer and current
handler of Naton and wishes to purchase Naton.
NOW THEREFORE, it is agreed by and between the parties hereto as follows:
Purchase: The city agrees to sell Naton for $10.00. Berg agrees to buy Naton for
$10.00. The date on which Berg takes possession of Naton is referred to as the
"Purchase Date" in this Agreement.
2. As -Is: After the Purchase Date, Naton is no longer a K -9 Officer and Berg
assumes all responsibility for the condition and care of Naton. The City makes no
promises concerning the physical or mental health of Naton. Berg's purchase of
Naton is strictly "as is ".
3. K -9 Training and Handling: Berg understands that Naton has received training in
police canine procedures and tactics, and has served as a police K -9 Officer and
worked pursuant to that training. For example, this training includes attack training
and other forms of aggressive conduct. Berg warrants that he is fully aware of Naton's
training and work history. Berg warrants that he is fully capable of safely handling
Naton. Berg also acknowledges that need to provide Naton with suitable shelter and
reasonable surroundings in keeping with his training and work experience.
4. Use of the K -9: Berg acknowledges and agrees that he will not sell or give away
Naton without the written approval of the City. Berg also agrees to use Naton only as
a pet, although he may train Naton and enter competitions. Berg further agrees that
he will not use Naton as a detection, rescue or service animal in any capacity without
the written approval of the City.
5. Waiver: Berg waives, releases and forever discharges the City of Iowa City and its
officers, employees, agents and elected officials from all liabilities and claims of any
nature whatsoever, whether known or unknown, foreseen or unforeseen, relating to
Naton. As one example, this includes waiver, release and discharge from any
personal injury claim by Berg, Berg's family or third parties arising from or relating to
any action by Naton.
6. Indemnity: Berg will indemnify the City of Iowa City and its officers, employees,
agents and elected officials from all losses (including reasonable attorney's fees and
costs), liability and claims arising from or relating to any action of Naton after the
Purchase Date. As one example, this requires Berg to indemnify the City of Iowa City
from any claim that arises from any personal injury, disability, loss or property damage
as a result of contact with or caused by Naton after the Purchase Date.
-2-
General Provisions:
A. Governing Law: The laws of the State of Iowa, without giving effect to the
principles of conflict of laws, shall govern all matters arising out of or relating to
this Agreement.
B. Venue: The parties shall bring any litigation arising out of or relating to this
Agreement only before the Iowa District Court in and for Johnson County,
Iowa.
C. Complete Agreement: This Agreement constitutes the entire agreement of
the parties relating to the subject matter of this Agreement. This Agreement
supersedes and replaces all other written or oral agreements thereto.
D. Amendment: No amendment to this Agreement will be valid and /or
effective unless it is in writing and signed by the City Manager of the City and
Berg.
E. Severability: If any provision of this Agreement is unenforceable to any
extent, the remainder of the Agreement (or the application of that provision to
any persons or circumstances other than those as to which it is held
unenforceable) will not be affected by that unenforceability and will be
enforceable to the fullest extent permitted by law.
F. Attorney Fees and Costs: The prevailing party in any action brought to
enforce any obligations under the Agreement shall be entitled to recover from
the non - prevailing party an amount equal to the reasonable attorney fees and
costs incurred by the prevailing party, including without limitation any costs
incurred on appeal or in any bankruptcy proceeding.
G. Opportunity for Counsel Review: The parties acknowledge that they have
had the opportunity to have this Agreement reviewed by their respective legal
counsel. This Agreement is not to be construed against any party on the basis
of which party drafted the Agreement.
Executed by the City and Berg as of the date first above written.
FOR THE CITY OF IOWA CITY KEVIN BERG
By: n By:
Matthew J. Hayek, May—Rv Kevin Be
Attest: ))AajW� %-) . iyinn )
Marian K. Karr, City Clerk
CityA -�
e meysOffic
SYatUlegaVpollce/K -9 purchase agreemenLCoc
I �0-- -* CITY OF IOWA CITY -
►�1'�' MR
2d(10)
MEMORANDUM
Date: March 13, 2013
To: Tom Markus, City Manager
r
From: Sam Hargadine, Chief of Police
Re: K9 Naton Purchase agreement Resolution
Introduction:
This agreement authorizes the execution of an Agreement between Kevin Berg, the current
trainer and handler of K -9 Officer Naton, and the City for the purchase of the animal. The
Agreement contains an acknowledgment of the responsibility for all costs associated with Naton
as well as a waiver and indemnification provision associated with any potential liabilities.
History/Background:
K -9 Officer Naton has been with the Iowa City Police Department since 2005. The dog was
scheduled to be retired this year as his law- enforcement service life has drawn to a close. The
Iowa City Police Department included a replacement K-9 in the current fiscal year, and a
replacement has been purchased and is currently completing training. Removing a Police
trained K -9 from service presents a variety of issues, including continued boarding and care of
the animal.
Iowa City Police Officer Kevin Berg has been the K -9 Handler and Trainer for Naton since the
City purchased Naton in 2005. He has expressed a willingness to accept ownership and
responsibility of Naton. He understands that Naton has received training in police canine
procedures and tactics, and has served as a police K-9 Officer and worked pursuant to that
training. For example, this training includes attack training and other forms of aggressive
conduct Berg warrants that he is fully aware of Naton's training and work history. Berg
warrants that he is fully capable of safely handling Naton. Berg also acknowledges that need to
provide Naton with suitable shelter and reasonable surroundings in keeping with his training and
work experience.
The financial impact of this agreement would relieve the City of Iowa City of the responsibility of
the continued care of Naton, and minimize the liability involved with the release of the animal.
Our recommendation is that the agreement for Officer Kevin Berg to purchase Naton be
approved.
2d(11)
Prepared by: Eric R. Goers, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 3565030
RESOLUTION NO. 13 -84
RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR PROVISION OF
CONCRETE PRODUCTS TO THE CITY.
WHEREAS, the City uses various raw concrete products throughout the year, those products
were put out for bid; and
WHEREAS, Iowa City Ready Mix, has submitted the lowest responsible unit price bid for provision
of concrete for City use; and
WHEREAS, based on prior concrete product use, the total expected expenditure on the concrete
products exceeds $150,000, which exceeds the City manager's spending authority of $150,000,
thus requiring City Council approval; and
WHEREAS, the concrete will be used by a number of City divisions, but the vast majority will be
used by the Streets department, and funds for this procurement are available in the Road Use
Tax - Streets Repair Concrete account # 2200 434200 46820; and
WHEREAS, approval of this procurement is in the public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The proposed procurement as described is approved.
2. The City Manager is authorized to take whatever steps are necessary to effectuate the
purchase.
Passed and approved this 19th day of March , 20_LL_.
.s� I E
•'
Approved by
ATTEST: -
CITY CL RK City Attorney's Office
It was moved by Mims and seconded by Champion the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Dickens
X Dobyns
X Hayek
X Mims
Payne
x Throgmorton
Mpg ,i
Prepared by Bob Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5240 (SUB13- 00003)
RESOLUTION NO. 13 -85
RESOLUTION APPROVING THE EXTRATERRITORIAL FINAL PLAT OF
THE SANDLOT, JOHNSON COUNTY, IOWA.
WHEREAS, the owner, S & G Materials, filed with the City Clerk the final plat of The Sandlot,
Johnson County, Iowa; and
WHEREAS, said subdivision is located on the following- described real estate in Johnson County,
Iowa, to wit:
A portion of Government Lot 3 in Section 34, Township 79, North, Range 6 West of the 51h principal meridian,
Johnson County, Iowa, more particularly described as follows:
Commencing at the South of one - quarter corner of Section 34, Township 79 North, Range 6 West of the 5th
principal meridian, Johnson County, Iowa; Thence N00 °37'41 "E, along the west line of Government Lots 4
and 3 in said Section 34, a distance of 1999.70 feet to the point of beginning; Thence continuing
N00 °37'41 "E, along said west line of Government Lot 3, a distance of 618.42 feet; Thence S86 °12'49 "E,
122.00 feet; Thence S07 °45'51 "E, 157.10 feet; Thence S66 °47'09 "E, 772.16 feet; Thence S02 °27'20 "E,
603.73 feet; Thence S77 °36'03 "W, 718.18 feet; Thence N16 °50'44 "W, 634.30 feet to the point of beginning,
containing 16.68 acres and is subject to easements and restrictions of record.
WHEREAS, this property is within the City's extraterritorial review area; and
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the proposed final plat and subdivision, and. recommended approval; and
WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa
(2011) and all other state and local requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
The said final plat and subdivision located on the above - described real estate be and the
same are hereby approved.
2. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and
directed, upon approval by the City Attorney, to execute all legal documents relating to
said subdivision, and to certify a copy of this resolution, which shall be affixed to the final
plat after passage and approval by law. The City Clerk shall certify and send plat and
supporting documents to the office of Planning and Zoning of Johnson County, Iowa. All
recording expense is the responsibility of the owner /subdivider.
Passed and approved this 19th day of March --)2013.
Resolution No. 13 -85
Page 2
1k, WM-
Approved by
ATTEST: e .
CITY CLERK City Attorney's Office
It was moved by Dickens and seconded by Mims the Resolution be adopted, */�5n roll call
there TwS: NAYS: ABSENT:
_ x
_x
x
x
x
x
x
ppdadmin /res /fi na Iplacounty. doc
,Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
Y�
To: Planning & Zoning Commission
Item: CZ13- 00001, SUB13 -00003
The Sandlot
GENERAL INFORMATION:
STAFF REPORT
Prepared by: Charlie Cowell, Intern
Date: March 7, 2013
Applicant: S & G Materials Company, INC
4059 Izaak Walton Rd SE
PO Box 3142
Iowa City-, IA 52444
Phone:
319- 354 -1667
Requested Action: County rezoning from A to ML
Preliminary/Final plat approval
Purpose: Rezoning and 1 -lot subdivision to allow for the
permanent operation of a concrete processing plant
without the use of a temporary conditional use
permit.
Location:
Size:
Existing Land Use and Zoning
Surrounding Land Use and Zoning
Comprehensive Plan:
File Date:
45 Day Limitation Period:
BACKGROUND INFORMATION:
South of 4059 Izaak Walton Rd SE
16.68 acres
Sand and Gravel Operation, County -Ag
North: Agricultural, County -A
South: Agricultural, County -A
East: Agricultural, County -A
West: Agricultural, County -A
Fringe Area Policy Agreement, Fringe Area C
February 15, 2013
March 31, 2013
The applicant, S & G Materials, has requested approval of a rezoning from County - Agriculture to
Light Industrial (ML) and final plat approval for property south of Iowa City on Izaak Walton Road
in rural Johnson County. S & G Materials is a sand and gravel mining operation. The applicant
currently operates under a temporary conditional use permit requiring the dust free maintenance
of Izaak Walton Road. In addition, the applicant has provided a restoration plan to mitigate
environmental impacts. The original permit was established in 2000 and reapplied for in 2006 for
operation expansion. An amendment to the permit in 2010 allows for asphalt, rock, and concrete
recycling on a temporary basis.
2
The rezoning would allow for the permanent use of the property for asphalt, rock and concrete
recycling. The property falls within Fringe Area C of the Fringe Area Policy Agreement, but outside
of Iowa City's Urban Growth Boundary. Zoning regulation is under the authority of the Johnson
County Zoning Ordinance. Subdivision of land requires an application with both the City and the
County. Subdivisions of fewer than three lots continue under regulation by the County.
ANALYSIS:
Current Zoning: The property is currently zoned for Agriculture according to the Johnson County
Zoning Ordinance. Asphalt and concrete recycling plants are allowed on the property as a
temporary conditional use operation. To continue to operate under the current zoning, S & G
Materials would need to re -apply for a conditional temporary use permit each time the permit
expires.
Proposed Zoning: The applicant requests a rezoning to County -Light Industrial (ML). Light
Industrial Districts allow uses such as S & G Materials to continue on a permanent basis.
Specifically the Johnson County Zoning Ordinance states that Light Industrial Districts allow
..any use except residential and those permitted and conditional uses specifically confined to
the MH Heavy Industrial District... ".
Compliance with Comprehensive Plan: The property is not in the City of Iowa City Urban
Growth Boundary and therefore not anticipated for annexation. The property does fall within
Land Area C of the Fringe Area Policy Agreement and therefore must conform to the Johnson
County's Unified Development Ordinance and City Rural Design Standards.
Compatibility with neighborhood: The property is surrounded by agricultural land uses and
located just west of the Iowa River. There is a need for a local supply of asphalt, gravel, and
concrete materials. The location of S & G Materials fills this need while operating under
conditions to control externalities associated with industrial uses. The property falls within
Johnson County's Sensitive Areas Ordinance and within a floodway. As a result, there are limits
on the structures and used permitted on the property. It is unlikely that any industrial uses
beyond the current concrete processing plant will be allowed on the property in the future.
Environmentally Sensitive Areas: The property's location near the Iowa River also creates
concern for pollution and chemical run -off externalities that result from industrial operations.
Conditions on the property already exist that require mitigation measures to restore the natural
wetland after recycling operations quit.
No immediate concerns exist if operations continue in the current state. The property is located
in a floodway and according to the Johnson County Sensitive Areas Ordinance "...uses other
than those permitted by the Iowa DNR shall not be permitted in a floodway... ". The issuance of
building permits and types of industrial uses are limited in the floodway, reducing the concern
for rezoning the property to Light Industrial.
Traffic implications: The previous conditional use permit addresses road conditions.
Conditions required S & G Materials to obtain approval for the proposed entrance to the public
roadway and negotiate upgrading the road surface of Izaak Walton Road SE with the County
Engineer. Access to the lot is by an access easement of 2300' from Izaak Walton Road to the
operation. The applicant has requested a waiver of the 1000' road length rule due to the non-
residential nature of the property.
PCD \Staff Reports \cz13 - 00003, sub 13 -00003 the sandlot staff report, doc
3
STAFF RECOMMENDATION:
Staff recommends forwarding a letter to the Johnson County Planning and Zoning Commission,
recommending rezoning to Light Industrial (ML) be approved. Staff also recommends that SUB13-
00003 be approved.
DEFICIENCIES AND DISCREPANCIES:
ATTACHMENTS:
1. Location Map
2. Final Plat
3. Floodplain Map
Approved by:
Robert Miklo, Senior Plann r,
Department of Planning and Community Development
I'MStaff Reports \=13 -00003, sub13 -00003 the sandlot staff report. doc
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PLANNING AND ZONING COMMISSION PRELIMINARY
MARCH 7 — 7:00 PM — FORMAL
EMMA J. HARVAT HALL, CITY HALL
EXCERPT
County Subdivision Item
CZ13 -00001 / SUB13- 00003: An application submitted by S &G Materials for a
rezoning from County Agricultural (A) zone to County Light Industrial (ML) zone
and a final plat of The Sandlot, a 1 -lot, 16.68 acre industrial subdivision located
south of 4059 Izaack Walton Road SE.
Cowell explained that this is in the Johnson County Sensitive Areas Ordinance area as
well as in a flood way, so that would limit the types of industrial uses that would be
permitted in the County Light Industrial (ML) zone. He said that in response to a question
that was brought up at the informal meeting on Monday, the County has notified City
staff that there wouldn't be any hazardous materials that would harm the river, and that
there would just be concrete recycling. He said that staff is recommending forwarding a
letter to the Johnson County Planning and Zoning Commission recommending that
rezoning to County Light Industrial be approved. He said staff also recommends that
SUB13 -00003 be approved.
Eastham asked if the County was not going to approve the use of asphalt recycling on
this site. Cowell replied that the question was brought up if there were any hazardous
materials that were currently on the site that could be hazardous to the river if it flooded
again, and the County indicated that it was concrete recycling done on the site, not
asphalt or rock.
Miklo stated that the indication is that the applicant only intends to do concrete, although
asphalt might be a possibility. He said there are also gasoline and oil associated with the
equipment on the site, but that could occur anywhere else along the river, and if there
were an imminent flood, they could move the equipment.
Freerks opened public hearing.
Scott Pottorff of MMS Consultants said he would try and answer any questions. There
were none.
Freerks closed public hearing.
Thomas moved CZ13 -00001 / SUB13- 00003: an application submitted by S &G
Materials for a rezoning from County Agricultural (A) zone to County Light
Industrial (ML) zone and a final plat of The Sandlot, a 1 -lot, 16.68 acre industrial
subdivision located south of 4059 Izaack Walton Road SE be approved.
Weitzel seconded.
County Subdivision
• CZ13- 00001/SU613- 00003: Discussion of an application
submitted by S &G Materials for a rezoning from County
Agricultural (A) zone to County Light Industrial (ML) zone
and a final plat of The Sandlot, a 1 -lot, 16.68 -acre
industrial subdivision located south of 4059 Izaack
Walton Road SE.
CITY OF 10 YA CITY &%k
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PRELIMINARY AND FINAL PLAT
THE SANDLOT SUBDIVISION
JOHNSON COUNTY. IOWA
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PLAT PREPARED BY:
MMS CONSULTANTS .
1917 S. GILBERT ST
IOWA CITY. IOWA, 52240
OVO*.P/SUBDNIDER
S & G ►NIERIALS
CO CRAIGALERECHT
P.O. BOX 3142
IOWA CITY, IOWA 51244 -3142
ONNERS ATTORNEY
TOM HOBART
MEARDON SUEPPEL d DOWNER PLC
122 SOUTH LOON ST.
I0WACTTY, IOWA 52x18
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A PORTION OF
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IN SEC. 34•TM-Mi
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JOHNSON OOJNiY.
LEGEND AND NOTES
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SITE LOCATION: The Sandlot
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SUB 13 -00003
M�Fq S
Prepared by: Kumi Morris, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5044
RESOLUTION NO. 13 -86
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON-
TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE CITY
PARK SHELTER SIX REPLACEMENT PROJECT, ESTABLISHING AMOUNT
OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO
PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR
RECEIPT OF BIDS.
WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of
cost for the above -named project was published as required by law, and the hearing thereon held;
and
WHEREAS, funds for this project are available in the Park Annual Improvements account # 4130.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
The plans, specifications, form of contract and estimate of cost for the above -named
project are hereby approved.
2. The amount of bid security to accompany each bid for the construction of the above -
named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer,
City of Iowa City, Iowa.
3. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not
more than 45 days before the date for filing the bids, for the receipt of bids for the
construction of the above -named project in a newspaper published at least once weekly
and having a general circulation in the city.
4. Sealed bids for the above -named project are to be received by the City of Iowa City, Iowa,
at the Office of the City Clerk, at the City Hall, before 2:30 p.m. on the 16th day of April,
2013. At that time, the bids will be opened by the City Engineer or his designee, and
thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said
bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City,
Iowa, at 7:00 p.m. on the 23`d day of April, 2013, or at a special meeting called for that
purpose.
Passed and approved this 19th day of March '20 13
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--fin Ap roved by
ATTEST: / 4a -)(:f c.
City-ftEw City Attorney's Office 3h�13
S1ENMPWResolutionsTroject ResolutionsWccept Plans & SpecsWpprove Plans & Specs- City Park Shelter Six Replacement Project 03 01 13.doc
3/13
Resolution No. 13 -86
Page 2
It was moved by Mims and seconded by Dickens the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Champion
x Dickens
x Dobyns
_ x Hayek
x Mims
x Payne
x Throgmorton
r
CITY OF IOWA CITY s
MEMORANDUM
-loan
Date: March 13, 2013
To: Tom Markus, City Manager
From: Michael Moran, Director of Parks and Recreation
Subject: City Park Shelter #6 Costs
I would like to clarify the cost estimates for our upcoming project "City Park
Shelter Six Replacement"
The four main components of the project include;
1)
Shelter Kit
$80,000
2)
Concrete slab
$20,000
3)
Installation of Shelter
$20,000
4)
Electrical
$15,000
There will be an additional $8,700 cost for the design services, bringing the total cost to
$143,700.
The area of slab on grade is 2,925 G.S.F. making the cost breakdown $49.13 a square
foot for commercial construction. These initial costs could vary one way or the other
dependent on the bid process but we don't expect them to vary much.
Since this is considered commercial construction I feel it fits within the realm of
acceptable square footage construction costs as found in Iowa City and the surrounding
area.
If you need anything further please feel free to contact me.
cc: Kumi Morris, Engineering
Marian Karr, City Clerk