HomeMy WebLinkAbout1993-01-05 Resolution
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RESOLlITION NO. 93-1
RESOLlITION TO RERlND CIGARE'ITE PERMIT
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MlEREAS, The Airliner at 22 S. Clinton
in Iowa City, Iowa has surrendered cigarette permit No. 93-7 , expiring
June 30 , 19~, and requests a refund on the unused portion
thereof, now therefore,
BE IT RESOLVED BY TIlE CITY COUNCIL OF IOWA CITY, IOWA, that cigarette
pennit No. 93-7 , i5sued to The Airliner be cancelled and,
BE IT RJRTIlER RESOLVED that the Mayor and City Clerk be and they are
hereby authorized and directed to draw a warrant on the General Fund in
the amount of $ 50.00 , payable to David HcCurry as a
refund on cigarette permit No. 91-7
It was moved by Horowitz and seconded by Ar.tbrisco
that the Resolution as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Ambrisco ..L
Courtney X
Horowitz X
Kubby X
Larson X
McDonald x
Novick X
Passed and approved this 5th day of January
, 191.L.
Attest: ??1fd4() .J!. ~AA)
City lerk
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RESOLUTION NO. 93-3
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST THE RelEASE OF A LIEN FOR PROPERTY LOCATED AT 839
ROOSEVELT STREET. IOWA CITY. IOWA.
WHEREAS. on July 28. 1988. the property owner of 839 Roosevelt Street. Iowa City. Iowa,
executed a Promissory Note to the City of Iowa City in the amount of $2,500 in exchange for
a no-Interest loan; and
WHEREAS, said Note created a lien against the subject property In the amount of $2,500; and
WHEREAS. the balance of the loan was paid in full on December 28, 1992.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, that the Mayor Is authorized to sign and the City Clerk to attest the attached Release
of Lien for recordation, whereby the City does release the property located at 839 Roosevelt
Street, Iowa City, Iowa, from an obligation of the property owner to pay to the City of Iowa
City the principal amount of $2,500, which obligation is represented by a Promissory Note
recorded in Book 1025, Page 173 of the Johnson County Recorder's Office.
It was moved by Horowitz and seconded by
adopted, and upon roll call there were:
Ambrisco the Resolution be
AYES:
NAYS:
ABSENT:
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Ambrisco
Courtney
Horowitz
Kubby
Larson
McDonald
Novick
Passed and approved this 5th
day of Januarv
,1993.
ATTEST:~A~~~ ~
CI CLERK
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Approved by
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RELEASE OF LIEN
The City of Iowa City does hereby release the property located at 839 Roosevelt Street,lowa
City, Iowa, legally described as follows:
Lot Seven (7) In Block One (1 I, Regan's Second Addition to Iowa City, Iowa,
according to the recorded plat thereof,
from an obligation of the property owner to the City of Iowa City in the principal amount of
$2,500. Said obligation is represented by a Promissory Note recorded on September 7, 1988,
in Book 1025, Page 173 of the Johnson County Recorder's Office.
This obligation has been satisfied and the property Is hereby released, in full, from any liens
or clouds upon title to the above property by reason of said prior recorded document.
CITY OF IOWA CITY, IOWA
B
ATTEST:
lJ{1JA/~~ -R ,(j/v1~
Clty'clerk
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this 5 I!! day of 'JA~"'Allrfc ' 19..iL-, before me, S.nd...~
r.,,,, ,a otery Public in and for the State of Iowa, personally
appeared Darrel G. Courtney 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 tho corporation,
by authority of its City Council, as contained in (erdinaAGal (Resolution) No. 93 - 3
passed (the Resolution adopted) by the City Council, under Roll Call No. ~ of the
City Council on the Srd day of 'JA;.\uAR~ ' 19~, and that Darrel G.
Courtney and Marian K. Karr acknowledged the execution of the instrument to be their
voluntary act and deed and the voluntary act and deed of the corporation, by It voluntarily
executed.
~n<u \="<>!'b-
Notary Public in end for the State of Iowa
ppdrlhabIB39roO.I,ral
Approved By
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RESOLUTION NO. 93-2
RESOLlITION TO ISSUE CIGARE'ITE PERl-UTS
WHEREAS, the following firms and persons have made application
and paid the mulct tax required by law for the sale of cigarettes and
cigarette papers; therefore,
BE IT RESOLVED BY TIlE CI'IY COONCIL OF IOWA CI'IY, IOWA, that the
applications be granted and the City Clerk be and he/she is hereby
directed to issue a permit to the following named persons and firms to
sell cigcrette papers and cigarettes:
The Airliner - 22 S. Clinton
It was moved by Horo\Vit~ and seconded by Ambrisco
that the Resolution as read be adopted, and upon roll call there were:
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RESOLUTION NO.
RESOLUTION APPROVING THE VOLUNTARY ANNEXATION OF AN APPROXI-
MATE 19.18 ACRE TRACT OF LAND LOCATED SOUTH AND EAST OF THE
INTERSECTION OF SUNSET STREET AND HIGHWAY 1.
WHEREAS, John and Allegra Dane own an approximate 19.1 B acre tract of land located south
and east of the intersection of Sunset Street and Highway 1; and
WHEREAS, John and Allegra Dane have requested annexation of their land into the City of
Iowa City; and
WHEREAS, this tract is contiguous to the corporate limits of the City; and
WHEREAS, the City can provide municipal services to this land; and
WHEREAS, pursuant to Iowa Code ~ 36B. 7, notice of the application for annexation was sent
by certified mail to the Johnson County Board of Supervisors and the East Central Iowa
Council of Governments; and
WHEREAS, the Johnson County Board of Supervisors and the East Central Iowa Council of
Governments have expressed no objections to the proposed annexation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA THAT:.
1. The following,descri~ed land shall be voluntarily annexed to the City of Iowa City,
Iowa:
Commencing at the Northwest Corner of the Northwest Quarter of Section 21 ,
Township 79 North, Range 6 West, of the 5th Principal Meridian; Thence
SB904B'37"E, a recorded bearing, along the North Line of said Northwest
Quarter of Section 21, 492.BO feet, to a point on the Southeesterly Ri~ht'of'
Way Lina of Iowa Primary Road No.1, which is the POINT OF BEGINNING;
Thence SB904B'37"E, along said North Line of. tho Northwest Quarter of
Section 21, B26.66 feet, to the Northeast Comer 01 the Northwest Quarter of
said Northwest Quarter of Section 21; Thence 501 047'41"W, along the East
Line of said Northwest Quarter, 5B3.50 feet, to its intersection with the
Northerly Line of the 40.04 Acre Parcel acquired by Condemnation, in the name
of the City of Iowa City, Iowa, the proceedings of which are recorded in Book
904, at Page 71, of the records of the Johnson County Recorder's Office;
Thence 571 OOO'OO"W, along said Northerly Line, B90.50 feet, to an Iron Pin
Found on said Northerly Line; Thence N74022'00"W, along said Northerly Line,
500.40 feet, to a point on the West Line of said Northwest Quarter of Section
21: Thence NOl 045'00"E, along said West Line, 70.0B feet, to its intersection'
with said Southeesterly Right-of,Way Line of Iowa Primary Road No.1: Thence
N37025'OB"E, along said Southeasterly Line, 844.82 feet, to the Point of
Beginning. Said Tract of land contains 19.1 B acres, more or less, and is
subject to easements and restrictions of record.
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Resolution No.
Page 2
2. The City Clerk Is hereby authorizad and directed to certify and file the necessary
documents with the city development board as required by Iowa Code ~368. 7.
it was moved by and seconded by
adopted, and upon roll call there were:
the Resolution be
AYES:
NAYS:
ABSENT:
Ambrisco
Courtney
Horowitz
Kubby
Larson
McDonald
Novick
Passed and approved this
day of , 1992.
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Approved by
~AA) ~ U $<:51
City Attorney's Offlc ( 2../3,/ ~
ATTEST: ~~AI') .J!.
CI LERK
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IOWA CITY MUNICIPAL AIRPORT
1801 South Riverside Drive Iowa City. Iowa 52246
Olfice Phone (319) 356,5045
"
DATE: 28 Dec '92
TO: Mayor, and city Council
FROM: Richard Blum, Chair, Airport Commission
RE: Dane annexation/rezoning proposal
v&J
There are t\;'() concerns about this matter we would like to
call to your attention:
1) In the current phase of the airport location study,
three alternatives for maintaining the airport at its
present location have been identified. The above
proposal is in direct conflict with one of these
alternatives, and its approval would preclude that
option. We believe, therefore, that action on the
proposal should be deferred, and a short term moratorium
should be implemented on development in the vicinity of
the airport, until such time as the plans for the
airport have been finalized.
2) When the annexation is considered, we feel strongly that
there should be an agreement between the city and the
petitioner, wherein the petitioner agrees to accept,
without objection, all present and future airport zoning
provisions which are necessary to meet state and/or
federal requirements for land use in the vicinity of the
airport.
We obtained such an agreement from the Wests ide Company
when their land was annexed, and it has proven to be
very helpful. It is particularly important in this case
since these petitioners have previously indicated their
unwillingness to accept the current airport zoning
regulatj :ms.
copy: steve Atkins
Karen Franklin
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City of Iowa City
MEMORANDUM
Date: December 17, 1992
To: Planning & Zoning Commission
From: Robert Mlklo, Associate Planner
Re: Z-9003 and MOOt Dane's Annexation and Rezoning Request
Staff has been working wilh the applicant and representatives of Menards to develop a conditional
zoning agreement which will address concerns regarding the aesthetics of the proposed
development at an entryway 10 the city, and Issues regarding traffic circulation In the area. A draft
of proposed conditions is attached.
Depending on the location of the proposed Menards on the site, the configuration and size of the
proposed Intensive Commercial Zone (CI-1) may differ from the area shown on the previously
submitted concept plan. The applicant should specify the extent of the area requested for CI.1
zoning prior to the Commission's vote on this application. It may be appropriate to zone the
entire parcel CI-1.
We are stili discussing alternatives for providing future options for access to the airport property.
We will present these alternatives at the Commission's Informal meeting. A sketch of a design
which meets the geometric requirements of a Collector street Is attached.
The Airport Commission will also be reviewing the proposed annexation and rezoning and may
recommend additional conditions.
Ip5.1
Attachments
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December 17, 1992
PROPOSED CONDITIONS. DANE TRACT
All developments upon the Dane tract are required to submit a development concept plan. The
Director of Planning and Community Development shall review and approve the concept plan
according to the following criteria. Decisions of the Director may be appealed to the City Council
upon recommendation of the Planning and Zoning Commission. The Director may approve minor
modifications to the concept plan provided that the Intent of the below listed criteria Is satisfied.
It Is the Intent of these conditions to provide for attractive development at the southwest entry to
the city and to assure the coordinated development of the Dane tract so that traffic conflicts In
the area can be minimized. This Intent should be fulfilled through the provision of adequate
landscaping, screening and buffer yards, the coordination of Individual building design for the
entire Dane tract and the provision of an adequ3te traffic circulation route for the Dane tract and
adjacent parcels.
1. Other than the entranceway to Highway 1 at Sunset Street, there shall be no additional
vehicular access points to Highway 1.
2. Future developments of the Dane tract shall Include an Internal circulation drive which will
provide access to any development on the annexed property and access to the property
to the north and south. This Internal drive system shall be shown on all site plans for
future development.
3. Improvements to the Intersection of Sunset Drive and Highway 1 required to
accommodate the proposed development shall be built at the expense of the
appllcanVdeveloper. These improvements may include upgrading of the traffic light, a left.
turn lane for the southwestbound lanes of Highway 1 , and acceleration/deceleration lanes
for the northeastbound lanes of Highway 1 as determined appropriate by the City Traffic
Engineer.
4. No outdoor storage of merchandise or material shall occur within 100 feet of the rlght.of.
way of Highway 1. Beyond 100 feet of the right-of-way of Highway 1, storage areas shall
be screened with a solid wall at least 6 feet In height. A planted landscape bed at least
15 feet in width shall be located adjacent to the wall. A concept plan shall Illustrate a tree
planting plan for the landscape bed.
5. Loading docks and receiving areas shall not be located on any wall facing Highway 1
unless screened from view by a building. Loading docks located In other locations which
are visible from Highway 1 shall be screened.
6. All buildings to be buill upon the Dane tract shall be compatible In style and use of
building materials. With the exception of trim, elevations visible from a public street shall
be masonry, which may Include fired brick, stone or similar material, dressed concrete
block, and stucco or like material when used In combination with other masonry finish.
Alternative building materials may be substlluted II determined by the Director to meet the
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Intent of the conditional zoning agreement. All elevations visible from Highway 1 shall
have a finished facade. Rooftop mechanical devices shall be screened.
7. The periphery of all parking areas shall have planted landscape beds at least 15 feet In
width.
8. All parking rows shall be terminated with a landscape bed a minimum of 9 feet In width.
This landscape bed shall be planted with parking lot trees which may count towards the
required parking area trees or be In addition to parking area trees.
9. There shall be no more than 2 free standing signs permitted on the Dane tract.
10. All slgnage fixtures shall be uniform throughout the development.
11. If slgnage Is to be lighted, It shall be Internally illuminated.
12. All parking lot light fixtures shall be consistent throughout the development.
13. All lighting shall be downcast.
14. Landscape beds which are a minimum of 5 feet In width shall be provided along at least
25% of the front bUilding elevation. Such landscape beds shall be planted with a variety
of evergreen and deciduous shrubbery.
15. There shall be a 30 foot setback from Highway 1 which shall be landscaped with a mixture
of evergreen and deciduous trees. No parking or paving other than sidewalks shall be
allowed within this 30 foot setback.
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City of Iowa City
MEMORANDUM
Date:
December 3, 1992
To:
Planning & Zoning Commission
Robert Miklr~ssoclate Planner
From:
Re:
A-9001 and Z-9003. Dane's Annexation Request
John Dane has requested that his annexation and rezoning request be amended to CI-l,
Intensive Commercial, zoning for approximately 10.04 acres of the property. He requests
CC-2, Community Commercial, zoning for the remaining 9.49 acres. He also submitted the
attached concept plan for the area proposed for CI-l zoning.
In an October 1 memo regarding the applicant's original request, staff Indicated that a planned
commercial zoning district, which would address concerns regarding development at the
entranceway to the City, might be appropriate for this site. The memorandum went on to
describe concerns regarding sewer capacity constraints in this area. Although capacity of the
line crossing the river may be sufficient to serve development of the applicant's property,
constraints in the line may prevent the full development of the residential zoned properties in
the western portion of the city. Staff expressed a reservation about annexing land for
commercial development if that development would consume much of the limited sewer
capacity available for the west side of the city.
The concept plan submitted by tho applicant allows steff to complete a more thorough
evaluation of the development that mey occur in this area if It Is annexed into the city. Many
uses allowed In the CI-' zone, such as the hardware lumber sales yard illustrated In the
applicant's concept, would not consume a great amount of sewer capacity. Uses allowed In
the CC-2 zone, such as restaurants and theaters, however, would potentially consume
significant sewer capacity, and further constrain the City's ability to provide sewer treatment
for properties already located within the city. Therefore, In terms of evaluating sewer
capacity, CI-' zoning may be more appropriate In this location than CC-2 zoning. As
discussed below, however, CI-' zoning raises greater concerns regarding appropriate uses to
be developed at the entranceway to the city.
Uses allowed in the Cl,l zone often have characteristics such as open outdoor storage and
the use of pole barn type buildings, which tend to be less attractive than uses which occur
In other zones. For this reason, staff has a concern about additional Cl,l zoning at an
entranceway to the city. This concern might be addressed through a conditional zoning
agreement that would Incorporate eloments typically found In planned zoning districts. The
City placed such conditions on its own property when It rezoned portions of the airport.
These conditions might include requirements for berms and landscaped screening of parking
areas, storage areas and loading docks; additional landscaping for large parking lots; controls
on the size, number and location of signs; conditions regarding the orientation of buildings and
the location of loading and storage facilities; and general guidelines for building design. With
such conditions It might be possible to design CI-l uses In a manner that would not detract
but actually enhance development at an entranceway to the city.
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Another concern raised by staff In the October 1 memorandum was the need to plan for the
potential relocation of the Iowa City Airport. If the airport Is relocated, the extension of
Sunset Street from Its current termination at Highway 1 towards the east may be necessary
to provide eccess to the airport property. Although relocation of the airport may not be
Immediate, It Is appropriate for the City to plan for the long-term development of properties
in the airport vicinity, For this reason, right-of-way should be reserved on the Dane property
for the eventual extension of Sunset Street to the east. So that additional accesses to
Highway 1 are not requested In the future, the extension of a service road to the properties
to the northeast and southwest should also be required. This would require the redesign of
the concept plan submitted by the applicant.
If the City Is able to provide wastewater trantment services to the applicant's property,
without further constraining the City's ability to provide sewer treatment for areas already
located within the city, annexation and zoning for land uses which generate limited amounts
of sewag,e may be appropriate, However, strict controls on development design would be
necessary to foster development which is appropriate for an entranceway to the City.
Reservation of street right-of-way for the extension of Sunset Street and a service road to
adjacent properties should also be required for the annexation and development of the subject
property.
The current concept plan submitted by the applicant does not adequately address these
concerns. Staff recommends that further consideration of the proposed annexation be given,
only if a satisfactory development proposal and conditional zoning agreement can be
negotiated prior to annexation of the property.
Attachment: Dane Concept Plan
~~
Approved by:
Monica Moen, Senior Planner
Department of Planning and
Community Development
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STAFF REPORT
To: Planning and Zoning Commission
Prepared by: Bob Mlklo
Item: Z-9003 Highway 1 West
A-9001 Dane Development
Date: March 1, 1990
GENERAL INFORMATION:
Applicant:
John & Allegra Dane
Route 1, Box 2, Dane Road
Iowa City, IA
354-3630
Requested action:
Annexation and rezoning from County
C2 (Commercial) and A1 (Rural) to ee-
2 (Community Commercial).
Purpose:
Legal description:
Location:
South and east of the Intersection of
Sunset Street and Highway 1 West.
Size:
19.53 acres.
Existing land use and zoning:
Agricultural; County C2 (Commercial) and
A1 (Rural).
Surrounding land use and zoning:
North. Agricultural; 1.1 (General
Industrial).
East ' Airport; P (PubliC).
South. Agricultural; County RS
(Suburban) and A 1 (Rural).
West . Residential, Commercial; RM.
12 (Low-Density Multi-Family)
and CI.1 (Intensive Commercial),
Industrial.
Comprehensive Plan:
File date:
February 8, 1990.' '
May 10, 1990.
45.day limitation period:
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BACKGROUND:
The applicants have requested that this property be annexed Into the city and rezoned from
county C-2 and A-1 to CC-2. They have Indicated that they currently do not have plans for
development of the Eite. The proposed CC-2 zoning classification generally allows retail
development.
The Comprehensive Plan Indicates that this ar3a should be annexed Into the City and In the
long-term developed Industrially. Because the applicants' request to zone the property CC-2
Is Inconsistent with the Comprehensive Plan, an amendment to the Plan would be necessary
if the requested rezoning is to be approved.
ANALYSIS:
The policies and land use plan map contained In the 1989 Comprehensive Plan Update should
serve as a guide to all land use and zoning decisions. Policies from the plan as they apply
to this proposal are discussed below:
Annexation
The Comprehensive Plan Indicates that this area should be annexed Into the city but for
Industrial development, not commercial development as would be allowed by the proposed CC-
2 zoning. The current county zoning on this parcel. C2 (Commercial) on approximately the
west half and A 1 (Rural) on approximately the east half - already allows for commercial
development on a portion of the property. Annexation would allow the City to control
development of the property for the most desirable use.
Commercial Development
The land use map and text of the plan Indicate that commercial development should occur In
existing commercial cores, Including the Lower Muscatlne/Flrst Avenue shopping area; the
U.S. Highway 6/Keokuk commercial area; the U.S. Highway 6/Rlverslde Drive/Highway 1
Intersection; and the downtown. Expansion of commercial development beyond these cores
may result In strlp.type commercial development which can be characterized by piecemeal
development, a lack of architectural and functional Interrelationship among uses, and a
proliferation of curb cuts and slgnage. Strip development extends commercial uses along an
arterial street rather than concentrating them In a core. As a result, potential negative Impacts
such as traffic and visual clutter affect a larger area. Further expansion of commercial zoning
may also result In over allocation of such zoning In relationship to market demand. This may
lead to an over supply of commercial bUildings and vacancies which have a blighting influence
on surrounding developments and neighborhoods.
Industrial Development
The Comprehensive Plan recognizes the need to provide an Inventory of land designated for
Industrial development. This area along Highway 1 West was designated for future Industrial
development because It provided one of the few sewerable sites In Iowa City that had attributes
for Industrial development, Including: provision for separation of Industrial uses and other
Incompatible uses; large tracts of undevelopable laild with relatively flat topography; good
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access to Interstate 80 via U.S. Highway 218 (access to this area may be improved with the
potential development of 218 as a north/south Interstate); and Immediate access to the Iowa
City Municipal Airport. The area east of 218 south of Highway 1 is one of the few locations
In the City with these characteristics necessary to attract Industrial development. Zoning which
is not compatible with Industrial development would decrease the possibility of Industrial
development In this corridor and would be Inconsistent with the Comprehensive Plan.
Environmental/Aesthetic Concerns
The environmental policies of the Comprehensive Plan encourage the preservation and
enhancement of the entranceways to Iowa City. An Issue raised at the time of the Westport
Plaza rezoning and Comprehensive Plan amendment (the Westport Plaza site Is approximately
1,000 feet to the northeast of the Dane property) was whether Industrial or commercial
development was more appropriate along Highway 1 West when considering the aesthetic
Impact of such a development on a major entranceway to the City. In general, the City may
have more control over Industrial developments because they usually occupy larger tracts than
do commercial uses, thereby triggering large scale development review. Through the review
process the City can work with the developer to achieve a more attractive development. This
opportunity does not arise as frequently with commercial enterprises. Commercial develop-
ment, as Is permitted In the CC-2 zone, can be on small lots and can result In an Impression
of a less cohesive development. Commercial developments also tend to result In more
e!gnage, curb cuts and larger parking areas when compared to Industrial developments.
Given the prominence of Highway 1 West as a major gateway to the city, aesthetic controls,
such as requirements for landscape screening and berms around parking lots and loading
areas, and the placement of storage areas and loading docks to the rear of bUildings, would
be appropriate for either Industrial or commercial development. These additional measures
could be enacted through conditional zoning. This would be consistent with the City's pOlicy
to preserve and enhance the entranceways to the city. The adoption of an entranceway
overlay zone that would provide design control for tile development of the City's gateways,
would be another mechanism of Implementing this policy of the City's Comprehensive Plan.
Until such an overlay zone Is adopted, any zoning of property along Highway 1 West should
be done conditionally, taking these aesthetic considerations Into account.
Land Use Plan
The Southwest Area Study, Included In the 1989 Comprehensive Plan Update, discusses
annexation and appropriate land uses at the Interchange of U.S. Highway 218 and Highway
1 West. Ttie Plan suggests that because land In the eastern quadrant of the Highway 1 West
a:ld 218 Interchange Is sewerable, annexation of the eastern quadrant of the Interchange to
"Dane's Road" and to the existing development south of Highway 1, may be desirable. The
Plan further states, "In the long range, this area may be suitable for Industrial development at
such time as sewer service Is extended or the demand for Industrial uses Is felt." The plan
recognizes the existing commercial development on the north side of Highway 1, east of U.S.
Highway 218, and Indicates that limited hlghway.related commercial development be focused
In this area.
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CONCLUSION
The City's adopted Comprehensive Plan and policies support annexation for Industrial
development In the Highway 1 West corridor, Including the subject parcel. The proposed
commercial zoning is Inconsistent with the plan for the following reasons:
, It Is contrary to the policy to reserve land for Industrial development.
It Is Inconsistent with the policy of encouraging commercial development In existing cores
rather than allowing strip-type development.
. It may not be consistent with the policy of preserving and enhancing the entranceways
to the city.
Approval of this proposal would require a major change In the policies and land use map
contained In the Comprehensive Plan. Are there valid reasons to change the policies and the
plan and therefore approve commercial zoning at this site? To reach an Informed decision on
this question, there are several Issues that should be addressed, Including:
. Is this area needed to meet the City's demand for commercial development?
Is this area needed to meet the City's demand for Industrial development?
. What Is the relative Impact of commercial or Industrial development on traffic patterns In
the Highway 1 corridor?
. What are the proper measures to preserve and enhance the aesthetic qualities of this
entranceway to the City?
. Should the City re-examine the pOliCY of encouraging development of existing commercial
cores rather than allowing strip commercial development?
Annexation and commercial development In this area prior to the resolution of these Issues
may result In piecemeal strip development contrary to the City's policies of preserving and
enhancing entranceways and encouraging the most appropriate locations for commercial
development. A corridor study, which would address some of these Issues, may be
appropriate. Such a study should not be limited to this Immediate area, but should address
the Highway 1 WesVU.S. Highway 6 corridor from 218 east to the Iowa River. It may also be
appropriate to address similar Issues as they relate to the Highway 6 corridor from the river
to the eastern boundaries of the city, Land uses In the Highway 6 corridor have already been
established but questions regarding aesthetic controls should be addressed In this area.
STAFF RECOMMENDATION:
Staff recommends that the proposed annexation and rezoning to CC-2 of 19.53 acres south
of Highway 1 West, be deferred for a period of at least six months to allow for a corridor study
that would examine Issues pertaining to the development of this area as discussed above. If
the applicant does not consent to deferral, staff recommends that the requested annexation
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and rezoning of this property be denied as the requested zoning Is Inconsistent with the City's
adopted Comprehensive Plan.
ATTACHMENTS:
1. Location Map.
Approved by:
Do aid Schmeiser, Director
Department of Planning and
Program Development
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COi'II'IEI'lTS BY JOHN !)AI~E at the F'LAI~NING 1, ZONING 11EETING
FEBRUARY 7, 1991
Ladies and Gentlemen of the F'lanning and Zoning Commission:
Thank you for the privilege of addressing you tonight, My name is
John Dane. I liv? at Route 7, Bo:,) 2, Dane Road, Iowa City, Iowa
52240. I have lived in the Iowa City community for 65 years. I was
born just 2 blocks from here. No, not i'lercy Hospital, but University
Hospi tal, which was located at East Hall in 1926, In fact, Irving
Weber was onl y 25 years 01 d when I came to town. I I~oul d 1 i ke to
review _)i th YOLI now, some o'f the gro\"th and development of Iowa Ci ty
as I have seen it, especially in the southwest part of the city,
Journey with me if you will back to the 1930'5 as our car heads south
on fliverside Drive past the ne_Jly established Eldon i'1iller Trucking
Camp an v tUI"ning west on Highway 1 at Brenneman's Truck Farm. On the
southhwust corner was a Skelly Station and Jack Estelle's Fruit
l'larket, The Hi ghway Commi ssi on 11ai ntenence Garage is on the north
side of the highway, just before the fir=t farm, the Ruppert Farm. As
the pavement ends, I~e drop onto the gravel at Twel veacres, a house,
barn and 12 acres owned by Dr. Irvin Irwin, a local veterinarian. At
the first gentle curve to the left lies the Cheadle Farm with a big
red barn and house on the north side of the road, At the ne~:t curve,
we head straight south on High_lay 1 past the l'li ller Dair'y on the west,
across Wi 11 01') Creek on a 1 i ttl e steel bri dge, and then to the I~est
agai n, behind the present Tel"race Park, We dri ve up the steep hill
where Harry Seelman farms on the south at the present day Jaycee
Haunted House. On the north side, Howell and Lizzie Davis farm where
the New Life Fitness Center is located. At the top of the hill,
Richard Davis raises cattle and farms on both sides of the road.
Looking back, we have a commanding view of the Iowa City Airport with
its ,"clck rummys, even then a main stop on United Airlines' transcon-
tinental route, first with its Ford Tri-Motor planes, and later with
its DC-3 Mainliners. To the north, on the 'first farm on Rohret Road
(Benton Street at Sunset), Ed Thomas raises champion Duroc hogs and
milks Guernsey cows where Bryn Mawr Heights is located today.
Shortly aftsr I began farming in 1950, Highway I was straightened and
piavr;d, and I started sell i ng mi 1 I'. produced from OLlr Hal stei n cows
direct to customers who drove out to the farm to pick it up, The milk
was pasteurized on the farm and soon we needsd a more clJnvenient
outlet, so Dane's Dairy was born, About that time Bob Barker bought
the old Miller Dairy, and tore down the buildings to make room for the
pressnt-day busi nesses, When Llrban renewal 'f orced Di ck Fedderson to
relocate NaIl 110tors, he chOSE! to move his business to the 14 acre
site of the present Hal"grave-I'Ic:Eleney Inc" a long way out at the
time, When long time partners, l'larv and Dave Hartwig chose to split
their business, Marv chose the site of Carousel Motors to start his
new ventLlre. A third cal" dealership was establ ished in the area when
ChezH-Sayers Honda opened in the 80's.
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What is the purpose of relating all this past history? To make
the point that we can't go back!!! Someone said, "John, it would be
nice just to have your cows grazing that 19.5 acres." The cows are
gone and evel'yone mLlsc remember that you at-e living on vlhat was once
farm ground. Where would we stop if we could go back? Remember that
the Indians once grew corn on the land where Old Capitol now stands!
Also, hi story is a good way to I-eviel~ with you the pattern of the
orderly, slow development of a commercial area, It seems verv logical
that this pattern of growth will continue. Yes, the timing will be
affected by the economy, the availability of land, and other factors,
But there is no indication that the trend will be changed to, say, an
industrial area, either' heavy or light. In my lifetime there t1as
never been an i nqui ry to put any type o'f an industry on my I and in
southvmst Iowa City, To the contrary, there have been many inqLliries
as to the possibilities of commercial development.
A commel-cial core area should have natural boundaries. Someone said a
natural boundary would be the city limits. It seems to me that such
things as topography, e>:i sting businesses and 11ighways, pro>:imi ty,and
availability al-e much better criteria than an arbitrary line on a map.
In 01.11' case the natural limitation o'f the growth of a commercial area
would be the Iowa City Airport, Obviously, the City of Iowa City has
the 1.11 timate control of the large block of land reserved for the Iowa
City Airport, and commercial development within that land would not
take place unless desired by the City.
I would like to reiterate our request that our 19.53 acre tract of
land located south and east of the intersection of Sunset Street and
Hi ghway I West, be t"ezonerJ to CC-2 and anne>:ed into Iowa Ci ty. The
types o'f bLisinesses vIe envision locating there WOLlld serve a major
segment of the total community population. It is located on a major
thoroughfare: the 4-lane, limited access, divided Highway I, It is a
...-tural progression of an e:dsting major business district,
In my judgement, CC-2 provides for the best use of our land and wOLild
be the most beneficial to Iowa City. Johnson County has had an
increase in population of 17.6/. during the last 10 years, the largest
rate of growth in the state, Iowa City is now the si>:th largest city
in Iowa at jLISt under 60,000, Tt1ere is every reason to believe that
this phenomanal rate of growth will continue. At this time, I can
not say that this WOLlld be a Planned Area Development. We do wish to
be in a position that we could talk to someone interested in
developing a tract of this size, If there is a need for another
automobile agency to serve the Iowa City area, we would like to be
able to talk about it. If there is a need ,for another theater comple:{
to serve Iowa Ci ty, we would I ike to be able to tal k aboLlt that. If
one o'f the animal hospitls and clinics needs to relocate, we would
like to be abl e to tall( about that. If there is a need for another
fitness center and office comple>:, we would like to be able to talk to
them too. And, we would also l!l(e to be able to relocate Dane's Dairy
on a portion o'f our own land that is spacious, attractive, and
beautifully landscaped.
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Businesses o.f this type have been criticized fOI' generating traffic
and consuming fuel. Let LIS ,face facts: I~e live in a mobile society,
The fLlel ct"isis has existed now for almost 20 years. Other than
paying a much higher price for gasoline, the life style of the
American public has changed little, Despite the pleas o'f many,
alternate hlel s are sti 11 prohibi tedl y uneconomi caI. ~Je are sti 11 too
dependent on imported oil. While solutions to these real problems may
come in the not too distant future, J seriously doubt that it lies
within the realm of possibility that a zoning commission can effectively
force a change in public driving habits.
The Commission has said it will not vote for additional CC-2 zoning as
long as so many vacancies exi t in present commercial zones. Of
course, there are vacanci es downtown. There al ways Ilas been and there
always ~ill be realignment of business space downtown. Vacancies do
not change the fact that our tract is one of the last in the area of
appro:dmately 20 acres in size. Vacancies e:dst for a variety of
reasons, but the primary reason is location,
Since I did so well delving int1 the past, let me now peer
into the future. Travel with me now to the year 2025 as we turn south
off Interstate 80 onto Highwway 218, "The Avenue of Saints". Our
automobile is of futuristic design, not yet on paper in 1791.
It is made of composite material, 95% recyclable, and burns an
al ternate fuel, probabl y hydrogen, because of its Llnl imi ted supply
and its pollution-free exhaLlst, Neither the car nor the fLlel are
cheap, bLlt both are affordable in the economy of the 21st century, St
Louis is a non-stop relaxing trip of less than 3 1/2 hours since
traffic is controlled by lasers. As we approach the Highway 1
interchange, the alarm warns us to flip off the automatic driver and
move into the deceleration lane. The Farm Bureau, I~ew Life Fitness
and other buildings come into view, and we notice that the trees and
shrubs are taller, the grass is greener, the bLlildings more weathered,
but all just as beautiful as when we 1 eft. Dri vi ng up the off ramp,
we face 11ike ~Iyers' Truck Stop, complete with a modern service center
and restaurant, TLlming towards Iowa City on Highway 1, l~e drive past
the big motel comple:: on the southeast corner of the interchange, l~e
notice that the airport, to keep their Federal funding, has ceased
growing corn, and now keeps all of its periphery in mowed grass. We
catch the green 1 i ght at ~Iormon Trek and procede past the Chevrol et-
Buick-Cadi llac Agency which now I?Htends all tile way to Mormon Trek on
the south. The light is red at Dane Road which gives LIS time to
notice how well the commercial area (starting at Willow CI"eek and
extending all the way to Wal-Mart) fits together, At Sunset, the
1 i ttle red store tllat once hOLlsed Dane's Dairy has long been gone, but
the convenience store (that bOLlght the land from Carol Barker) blends
j,n well wittl the residential area it sel"vices, The traHic flows
smoothly through the light at Wal-Mart and the other one at
Godfather's, and, as we turn left onto Riverside Drive, it hardly
seems possible that we have covered almost 100 years in time.
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At this time we reqLlest an inde'finite deferral of the cOllsideration of
the applications to rezone and anneN oLlr 19.53 acre tract of land,
items Z -9003 and A-900 1.
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Signed____QJ1~-aLCif1aL
Allegra G. D(J1e Q
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Iowa City, I,:,wa
December 9, 1992
Iowa City Council
Ci vie Center
Iowa City, Iowa 52240
Ladies and Gentlemen:
I hereby request expedited ee,nsiclere.t ion of the annexat ion
and rezoning of the 1',,53 acres at the east end of SLInSet
Street,
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RESOLUTION NO.
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RESOLUTION APPROVING THE FINAL PLAT OF FIRST AND ROCHESTER
COMMERCIAL SUBDIVISION, PART ONE, IOWA CITY, IOWA.
WHEREAS, the owner, Bruce Glasgow, filed with the City Clerk the final plat of First and
Rochester Commercial Subdivision, Part One, Iowa City, Johnson County, Iowa: and
WHEREAS, said subdivision is located on the following-described real estate In Iowa City,
Johnson County, Iowa, to wit:
Beginning at the Northeast Corner 01 Rochestrr Place, an Addition to the City of Iowa City,
Iowa, in accordance with the Plat thereof recorded in Plat Book 30, at Page 17, Records 01 the
Johnson County Recorder's Office: Thence N47022'50' E, (a recorded bearingl along the
Centerline 01 Rochester Avenue, 35.67 feet; Thence Northeasterly 340.56 feet, along said
Centerline, on a 716.80 foot radius curve, concave Southeasterly, whose 337.37 foot chord
bears N60.59'30' E; Thence N74'36'10'E, along said Centerline 143.85 leet, to its
Intersection with Centerline 01 First Avenue; Thence SOO.OO'OO' E, along the Centerline 01
said First Avenue 603.43 leet, to the Northeast Corner 01 a Plat 01 Survey, as recorded in Plat
Book 7, at Page 52, Records olthe Johnson County Recorder's Office: Thence S89'31 '10"W,
along the North line of said Plat 01 Survey, 453.75 feet, to a Point on the East Line 01 said
Rochester Place; Thence NOO'56'20'W, along said East Line, 381.33 leet, to the point of
Beginning.
Excepting therelrom the following:
Commencing at the Northeast Corner of Rochester Place, an Addition to the City of Iowa City,
Iowa, In accordance with tho plat thereol recorded in Plat Book 30, at Page 17, Records 01 the
Johnson County Recorder's Office; Thence N47022'50'E (a recorded bearing I along the
Centerline 01 Rochester Avenue, 35.67 leet; Thence Northeasterly 340.56 feet, along said
Centerline, on a 716.80 foot radius curve, concave Southeasterly, whose 337.37 foot chord
bears N60.59'30'E; Thence N74'36'10"E, along said Centerline, 143.85 feet, to its
intersection with the Centerline of First Avenue; Thence SOO.OO'OO'E, along the Centerline
of said First Avenue, 39.74 leet; Thence N90'OO'00'W, 20.00 feet, to the Northeast Corner
of Lot 1, of Wick's Addition, to Iowa City, Iowa, In accordance with the Plat thereof recorded
in Plat Book 8, at Page 29, Records of the Johnson County Recorder's Office, and the Point
of Beginning; Thence SOO.OO'OO'E, along the East line 01 said Lot 1, 149.79 feet; Thence
N90.00'00'W, 13.00 feet to the Northeast Corner of Tract II, In accordance with the
Warranty Deed, recorded in Deed Book 626, at Page 175, Records 01 the Johnson County
Recorder's Office, Said Point being 33.00 feet normally distant Westerly of the Centerline of
said First Avenue; Thence SOO'OO'OO'E 166.00 feet; Thence N90000'00'W, 276.25 feet;
Thence NOO'OO'OO'E, 58.79 feet: Thence Northwesterly 105.51 feet, along a 157.50 foot
radius curve, concave Southwesterly, whose 103.54 loot chord bears N 19' 11 '27'W; Thence
N38'22'53'W, 22.58 feet, to a Point on the Southerly Right-ai-Way line of Rochester Avenue;
Thence Northeasterly along said Southerly Right-of-Way line 254.60 feet along a 683.80 foot
radius curve, concave Southeasterly, whose 253.13 loot chord bears N63. 56' 11'E; Thence
N74'36'10'E, along said Rlght.ol-Way line 114.02 leet to the Point of Beginning. Said
resultant tract contains 3.67 acres, more or less, and Is subject to easements and restrictions
of record.
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the proposed final plat and subdivision and recommended approval; and
WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and
recommended that said final plat and subdivision be accepted and approved: and
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Resolution No.
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WHEREAS, a dedication has been made to the public, and the subdivision has been made with
the free consent and in accordance with the desires of the owners and proprietors; and
WHEREAS, said final plat and subdivision are found to conform with Chapter 409A, Code of
Iowa (1991) and all other state and local requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1.
The final plat and subdivision located on the above-described real estate be and the
same are hereby approved, and the dedication of the streets and easements is
accepted as provided by law.
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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 owner/subdivider shall record the
legal documents and the plat at the office of the County Recorder of Johnson County,
Iowa.
It was moved by and seconded by
adopted, and upon roll call there were:
the Resolution be
AYES:
NAYS:
ABSENT:
Ambrisco
Courtney
Horowitz
Kubby
Larson
McDonald
Novick
Passed and approved this day of , 1992.
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Approved by
ATTEST: JJh;A,..) I!. -!d~ V()~ ~;grJl- -
CITV CLERK City Attorney's oW / 'J.j IOh~
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RESOLUTION NO.
RESOLUTION REGARDING BID FOR CONTRACT FOR THE REMODELING OF
THE CIVIC CENTER MAIN LOBBY PROJECT,
WHEREAS, t!Je' Council of the City of Iowa City authorized receipt of bids for the remodeling of
the Civic Cll"nter Main Lobby Project on December 15, 1992, and
WHEREAS, one (1) bid was received, and
WHEREAS, this bid exceeded the Architect's estimate by more than 10%, and
WHEREAS, the Engineering Division recommends rejection of the bid.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA that the bid be rejected.
It was moved by and seconded by
adopted, and upon roll call there were:
the Resolution be
AYES:
NAYS:
ABSENT:
Ambrisco
_ Courtney
Horowitz
Kubby
Larson
McDonald
Novick
Passed and approved this
day of
,1993.
MAYOR
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CITY CLERK
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ADVERTISEMENT FOR BIDS
CIVIC CENTER LOBBY REMODELING PROJECT
Sealed proposals will be received by Ihe C~ Cieri< of the
City of Iowa Clly, Iowa, until 10:30 A.M. on the lElh day of
December, 1992, and shall be received In Ihe Clly Clerk's ollica
no later than said date and time. Sealed proposals will be
opened immedlalely Iherealter by the Clly Engineer. Bids
submlllad by lax machine shall not be deemed a 'sealed bid'
lor purposes of Ihis Project. Proposals will be acted upon by
tile City Council at a meeting to be held in the Council Cham.
bers a17:30 P.M. on December 22, 1992, or at ~.;h later time
and place as may then be scheduled.
The Projecl will involve Ihe following:
Remodeling of the main lobby of the Iowa City Civic
Cenler.
All work is to be done in stricl compliance wllh Ihe plans and
specilicallons prepared by Janice E. Sweet and Associates,
Architects, of Iowa Clly, Iowa, which have heretofore been ap.
proved by the City Council, and are on file for public examl.
nation in the Office ollhe City Clerk.
Each proposal shall be completed on a form furnished by the
Cily, and must be eccompanied In a sealed envelope, separale
Irom Ihe one conlainlng the proposal, by either of the following
lorms of bid securlly: (1) a certified or cashie(s check drawn on
a solvenllowa bank or a bank chartered under the laws of the
United States or a certllled share dralt drawn on a credil union
In Iowa or chartered under the laws of Ihe United States, In an
amount equal to 10% of Ihe bid, or (2) a bid bond executed by
a corporation authorized to contract as a surety in the Stale of
Iowa, in Ihe sum of 10% oflhe bid. The bid security shall be
made payable to the TREASURER OF THE CITY OF IOWA
CITY, IOWA, and shall be forlelted to Ihe City of Iowa C~ in
the event the successful bidder fails to enter Into a contract
within ten (10) calendar days and posl bond satisfactory to Ihe
City Insuring Ihe fallhlul perlormance 01 the contract and malnte.
nance 01 said Projecl, II required, pursuanllo the provisions of
this notice and the olher contracl documenls. Checks 01 the
10wesllWo or more bidders may be retained for a period of not
to exceed fIIleen (15) calendar days until a contract is awarded,
or until rejection is made. Ofher checks or bid bonds will be
returned alter Ihe canvass and labulation of bids Is compleled
and reported to Ihe C~y Council.
The successful bidder will be required 10 furnish a bond In an
amounl equal to one hundred percent (100%) of the conlracl
price, said bond to be Issued by a responsible surety approved
by Ihe City Council, and shall guarantee the prompl paymenl of
all materlais and labor, and also protect and save harmless the
City from all claims and damages of eny kind caused dlrect~ or
Indlreclly by Ihe operation of Ihe contract, and shall also
guarantee Ihe maintenance of the improvemenl for a period of
one (1) year from and alter Its complelion and formal accep.
lance by the City.
The following Iimllations shall app~ to this Project:
Wori<lng Days: 40
Complellon Date: March " 1993
Liquidated Damages: $0 per day
The plans, specllicatlons and proposed conlracl documenls
may be examined at the ollice of the City Cieri<. Copies 01 said
plans and specifications and lorm of proposal blanks may bo
secured althe Olllce 01 Richard A. Fosse, P.E., City Englneor
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of Iowa City, Iowa, by bona fide bidders. Plans shall be
relurned in good condition w~hin ten (10) days after bid dale.
Prospec1lve bidders are advised thai the City of Iowa Clly
desires 10 employ minollly contraclors end subcontractors on
City proJec1s.
Bidders shall lisl on lhe Form 01 Proposallhe names of
persons, firms, companies or other parties w~h whom the bidder
intends to subcontract. This list shall include the type of work
end approxlmale Subconlract amount(s).
The Contractor awarded the contract shall submit a IIsl on the
Form of Conlract of Ihe proposed subcontractors, together with
quanlllies, unll prices and extended dollar amounts. If no
minorlly business enterprises (MBE) ere utilized, the Conlrac1or
shall furnish documentallon 01 all reasonable, good fallh efforts
10 recruit MBE's.
A lisllng of minority contractors is available at the C~, and
can be obtained from the Civil Rights Speciallsl at the Iowa Clly
Civic Cenler by calling 3191356.5022.
By virtue of stalutory authorllY, preference will be given to
produc1s and provisions grown and coal produced wllhin Ihe
State of Iowa, and 10 Iowa domesllc labor, 10 the extenllawfully
required under iowa Stalules. The Iowa Reciprocal Preference
Act, Section 23.21, Code of Iowa (1991), applies 10 the conlract
with respeclto bidders who are nol/owa residents.
The City reserves the right 10 reJecl any or all proposals, and
also reserves Ihe righlto waive lechnlcalilles and irregularilles.
Published Upon order olthe City Council of Iowa City, Iowa.
MARIAN K. KARR, CITY CLERK
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