HomeMy WebLinkAbout1987-10-20 ResolutionRESOLUTION NO. 87-268
RESOLUTION IN SUPPORT OF AND AUTHORIZING THE FILING OF AN APPLICA-
TION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR RISE PROGRAM
FUNDS.
WHEREAS, two local businesses are prepared to commit to the expansion of
their existing facilities, creating 250 new full-time jobs which do not
presently exist; and
WHEREAS, this commitment is contingent upon certain transportation improve-
ments being made to Iowa Highway 1 in an expeditious manner; and
WHEREAS, RISE funding is imperative in order to undertake these essential
transportation improvements; and
WHEREAS, without an immediate commitment of RISE funds, these essential
improvements cannot be completed in a timely manner, thus jeopardizing the
commitment to expand in Iowa City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY
as follows:
1. That the City of Iowa City is in full support of the project and related
!; RISE program application.
4 2. That the City of Iowa City agrees to adequately maintain the RISE im-
provements and that all such improvements will be available for public
use.
3. That the City of Iowa City will provide their portion of the required
local share of the RISE related improvement costs.
4. That the Mayor is authorized to sign and the City Clerk to attest an
application for RISE funds.
It was moved by McDonald and seconded by Zuber the Resolution
be adopted, and upon ro ca ere were:
AYES: NAYS: ABSENT:
X AMBRISCO
X BAKER
X COURTNEY
X DICKSON
.o• X MCDONALD
X STRAIT
_X ZUBER
Passed and approved this Zoth�day
%of October 1987.
ATTEST:
a
�l��f' �n,✓ � Dsl�,trimerd �T/ip%
/0977
RESOLUTION NO. 87.269
RESOLUTION OF INTENT TO DISPOSE OF A VACATED WALKWAY ON LOTS I AND 2,
CAMBRIA COURT SUBDIVISION AND SETTING PUBLIC HEARING.
WHEREAS, as part of the subdivision of Lot 90, Ty'n Cae Subdivision, Part II,
a public walkway was shown on Lot 95 and was dedicated to the public; and
WHEREAS, through inadvertence, when subsequent development plans for the area
were approved, that walkway, between Cambria Court and Willow Creek Park, was
retained in an area that is now part of Lots 1 and 2 of Cambria Court Subdi-
vision even though the City and developers had agreed that the walkway should
be moved to the south part of Lot 1; and
WHEREAS, in order to clear up a title problem relating to those lots, the
City needs to quit claim its interest in that walkway, upon completion of
statutory vacation procedures.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT:
Subject to completion of procedures to vacate the parcel for walkway pur-
poses, the City Council proposes to convey the City's interest in the walkway
to the owners of Lots 1 and 2, Cambria Court Subdivision, by quit claim deed.
The City will retain the existing easement for sanitary sewer and storm
sewers over the same property.
AND, BE IT FURTHER RESOLVED THAT:
The public hearing on the proposal is set for November 10, 1987, and the City
Clerk is hereby directed to cause Notice of Public Hearing to be published as
provided by law.
It was moved by Zuber and seconded by Baker
E the Resolution be adopted, an upon rol call there were:
AYES: NAYS: ABSENT:
K Ambrisco
_ X Baker
—X_ Courtney
X_ Dickson
X_ McDonald
_ X Strait
—X_ Zuber
a• I
Passed and approved this 20th day of October 1987.
D OR
ATTEST: %3�„�„ ,(! .,� �
y L T ERK Rocetvnd $ Approvco
Ay 7h lopol papa moot
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RESOLUTION NO. 87-270
RESOLUTION SETTING FORTH REASONS FOR THE DENIAL OF REZONING OF PROP-
ERTY LOCATED AT 528 IOWA AVENUE.
WHEREAS, Mr. Emmit J. George has submitted an application to rezone property
located at 528 Iowa Avenue from RNC -20 to CB -2; and
WHEREAS, the Department of Planning and Program Development, in a Memorandum
dated June 26, 1987, recommended denial of the application; and
WHEREAS, on July 2, 1987, the Planning and Zoning Commission, on an affirma-
tive motion to recommend the rezoning, voted one in favor, four against
(Wallace voting in the affirmative).
WHEREAS, the City Council has examined the report of the Department of Plan-
ning and Program Development, and Planning and Zoning Commission action, and
concurs with their recommendations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT:
The application to rezone property at 528 Iowa Avenue from RNC -20 to CB -2 is
disapproved for the following reasons:
1. Altering the present RNC-20/CB-2 boundary line would subject additional
residential properties to the negative impacts of commercial uses in the
CB -2 zone. The present zoning boundary line was purposely set to protect
established residential properties on both sides of Johnson Street.
2. The proposed rezoning would contravene the purpose of the RNC -20 zone to
preserve the character of existing residential neighborhoods. The sub-
ject property was included in the RNC -20 zone because it included a
residential structure similar to neighboring residential properties, and
preservation of existing housing stock is one way to preserve the charac-
ter of existing neighborhoods.
3. Full compliance with the parking regulations is required to establish any
new use on the property. Due to the location and size of the existing
building and the narrowness of the lot, compliance with the parking
regulations will be difficult to achieve for any commercial or office
use. Because of this, there would be no incentive to retain the existing
residential structure, and while a smaller commercial building could be
built upon the lot, thereby making more land available for parking, such
action would be contrary to the intent of the RNC -20 to preserve existing
housing stock.
/SD l
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Resolution No. 87-270
Page 2
It was moved by McDonald and seconded by Zuber
the Resolution be adopted, an upon ro call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Baker
X Courtney
X Dickson
X McDonald
X Strait
X Zuber
Passed and approved this 20th day of October 1987.,
MAYUH
ATTEST: A&� -�
Aocelved $ Approved
By Thai lapel Copaitment
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RESOLUTION NO. 87-271
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLATS OF BOYRUM SUBDI-
VISION, PART THREE, A SUBDIVISION OF IOWA CITY, JOHNSON COUNTY,
IOWA.
WHEREAS, the owner and proprietor, Southgate Development Company, has filed
with the City Clerk of Iowa City, Iowa, an application for approval of the
preliminary and final plats of Boyrum Subdivision, Part Three, a subdivision
of Iowa City in Johnson County, Iowa, which is legally described as follows:
A parcel of land in the SWI/4 SEI/4, Section 15, T.79 N. R.6 W., of
the 5th P.M., Iowa City, Iowa, said parcel being the same realty
described on survey plat recorded in Plat Book 6, Page 24, Johnson
County Recorder's Office, described as follows:
Beginning at a 5/8" rebar on the south right-of-way line of Highland
? Ave. in Iowa City, which point is 771.23 feet west and 30 feet south
of the NE corner of said SWI/4 SEI/4, Section 15;
Thence East, 335.00 feet along said south line of Highland Ave. to a
5/8" rebar marking the NW corner of Plum Grove Acres Subdivision,
Part Three;
Thence S 00034'20" W, 393.00 feet (recorded 393.281) along the west
line of said Plum Grove Acres to a 5/8" rebar on the northerly ROW
line of U.S. Highway 6;
Thence N 68017'40" W, 361.82 feet (recorded 361.97') along said
Highway 6 ROW to a 5/8" rebar;
Thence N 01007'30" E, 259.22 feet (recorded 259.37') to the Point of
Beginning;
Said Boyrum Subdivision, Part Three, contains 2.52 acres.
WHEREAS, the Department of Planning and Program Development and the Public
Works Department have examined the preliminary and final plats of said subdi-
vision and have recommended deferral of the extension of Boyrum Street; and
WHEREAS, the preliminary and final plats of said subdivision have been exam-
ined
ihePlanning
aZoning
n and after s ithe they denied, findingthdeliberation
extension of
Boyrum Street not in the public interest and a potential detriment to neigh-
boring residential properties; and
WHEREAS, the preliminary and final plats are found to conform with the tech-
nical requirements of city ordinances of the City of Iowa City, Iowa.
tM
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Resolution No. '87-271
Page 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
1. That the preliminary and final plats of Boyrum Subdivision, Part Three, a
subdivision of the City of Iowa City, are hereby approved, subject to a
limitation of two access points to Lot 2 on Boyrum Street extended and
maintenance of a screening fence and vegetation on the east side of
Boyrum Street being the responsibility of the owners of Lot 2.
2. That the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby
authorized and directed to execute any legal documents relating to said
subdivision and to certify the approval of this resolution, which shall
be affixed to the preliminary and final plats after passage and approval
by law; and the owner/subdivider shall record the legal documents and the
plat at the office of the County Recorder of Johnson County, Iowa, before
the issuance of any building permit is authorized.
It was moved by Courtney and seconded by McDonald
__ the Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Baker
X Courtney
X Dickson
—�— McDonald
_� X Strait
Zuber
Passed and approved this 20th day of October
1987.��
M OR
ATTEST:.,(/,
IT CLERK
B Thy 'received d A
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City of Iowa city
lEMORAIVI U&4
To: City Council
From: Harin Franklin, Senior Planner Date: October 16, 1987
Re: IIoyrum Subdivision, Part 3
When the Planning and Zoning Commision discussed this subdivision
with the developer, a number of issues were discussed and
tentative agreement was reached. These issues areas follows and
are reflected on the plats submitted and in the legal Papers.
li Access to Boyrum Street
Access is restricted to the west side of Doyrum Street and
locations on the nest side. One side
an entry
between 20 feet to two
et and 190 feet south of /exit Point somewhere
Highland Avenue. The other o• the intersection with
north of the southeast corner Int fs 2. exit onl}- located 55 feet
o. Lot �.
2) Screening
To ameliorate some of the impact of the road extension and the
development of Lot 2 on the residential Properties on Plum
Street, a solid wooden fence, i.5 feet high, and vegetation on
the west side of the fence is shown on the plat. Maintenance
responsibilities are placed on the owner of Lot 2 through the
Subdivider's Agreement; provision is made for assessment against
the owner of Lot 2 for the cost of maintenance if the owner fails
in his and
Plantings, and the City is forced to maintain the
fence and plantings.
31 Sidewalks
A sidewalk on the west side of Boyrum Street was suggested by the
staff. The Commission felt that a sidewalk to Highway 6 was not
appropriate. Provision is made in the legal papers for a ra.aiver
Of the right to protest a future assessment(
marginal effect in actually stoppinrs have.
g future protests such waivers
assuring
the succes of assessment projects).
41 Drainage
The original plans for the development showed the drainage along
Highway 6, where stormwater for this area will flow, accomodat:ed
by the existing Swale. The staff resisted use of the scale,
maintaining that in time the flow of stormwater would create a
ditch and a problem with maintenance similar to that south of
Highway E. The Commission therefore required that the stormwater
flows contained in a pipe
culvert.t. under from Borum Street west to the
The enclosed pipe pe is,v 6 Boy
rum
takes the water to the Iowa River.
s reflected on the plat.
51 Turning Lanes
Due to the possibility of a high traffic generating commercial
use either
Lot 2, the Commission and staff concurred in the need to
either widen IIoyrum Street paving in its entirety or
turning movements with three Innes at. the Provide for
intersection. A right turning lane and a co-thnay G/Boyrum Street
traffic/loft turn .lane are provided on theCplat.mbined f'ortsouthbound
tra['f'ic on Ilo}•rum.
Concurrence of the City Council with each of these issues should I I
be. resolved Mondny night. ntthe informal meeting.
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City of Iowa City
MEMORANDUM
Date: October 14, 1981
To: City Council
From: Rosemary Vitosh, Director of FinanceQ�1
Re: University Heights Transit Agreement
The University Heights Agreement for transit services is the same as prior
years agreements with the exception that it is for a two year period (FY88
and FY89). The establishment of a two year agreement will facilitate the
preparation of the FY89 budget for both Iowa City and University
Dorothy Schattelius, University Heights Councilmember
agreement with their council and she has indicated that they arhas e receptive
to this two year agreement.
The compensation amounts for the fiscal year ending June 30
based upon the FY88 adopted budget. The amount for the fiscal year ending
June 30; 1989, was computed at aase 1988, are
FY89, salaries and benefit costs wilI increase over
across the Ytheaboard plus
1%, on the average, for scheduled step/merit increase resulting in a total
increase of 4%. Bus maintenance and operating costs are well within our
current year's budget projections and I anticipate that a
should be sufficient for the next year's budget. Since salary
maintenance and operating costs comprise 4% increase
a 4% increase in the total budget is reasonable.
the total Transitsbudgets
tp3/4
IS -64?
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RESOLUTION NO. 87_277
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST
THE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF UNIVER-
SITY HEIGHTS FOR THE PROVISION OF TRANSIT SERVICE WITHIN THE CORPO-
RATE LIMITS OF UNIVERSITY HEIGHTS,
WHEREAS, hapterbe28E of the Code of Iowa provides, in substance that any
Posed jointly with another public
by a public agency of this State may be may agency having such power, and
WHEREAS, it is in the mutual interest of the parties to encourage the use of
public transportation by residents
WHEREAS, the City of Iowa City and of Iowa City and University Heights, and
the City of University tiated a 28E Agreement for the provision of transit services
corporate limits of Y Heights have nethe
30, 1989 a University Heights for the two-year within the
part hereof, copy °f which agreement is attached and b Period ending June
Y this reference made a
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
The Mayor is hereby authorized to sign and the Cit
28E Agreement between the City of Iowa City and the city of University
Heights, y Clerk to attest the
The City Clerk is directed to file a copy of said agreement with the
Secretary of State and the Johnson County Recorder as required b
28E, Code of Iowa,
y Chapterer
It was moved by DkDonald
the Resolution be a oP e , an u and seconded b
Won ro call there werey Babe'
AYES:
2.
X
X
_X_
_X_
_X_
Passed and approved this 2Dtl d
ABSENT:
Ambrisco
Baker
Courtney
Dickson
McDonald
X Strait
Zuber
ay of Octobor
1987,
ATTEST: f�
ulFr CLERK 8 APW°°°d
1 DaPartraenl
M i
m1 -Cd .
AGREEMENT FOR TRANSIT SERVICES
This Agreement, made and entered into this / /% day of
1987, by and between the City of Iowa City and the City o University
Heights, municipal corporations.
WHEREAS, Chapter 28E of the 1987 Code of Iowa provides, in substance, that
any power that may be exercised by a public agency of this State, may be
exercised jointly with another public agency having such power, and
WHEREAS, it is in the mutual interest of the parties to encourage the use of
public transportation by residents of Iowa City and University Heights.
NOW, THEREFORE, IT IS HEREBY AGREED by and between the City of Iowa City and
the City of University Heights, as follows:
I. SCOPE OF SERVICES:
The City of Iowa City shall provide public transit services to the City of
University Heights. It is hereby agreed that Iowa City shall determine
the scheduling of buses, the routes and the location of bus stops within
University Heights. It is agreed that residents of University Heights
will obtain the same level of service as residents of Iowa City who are
served by the same routes.
II. DURATION:
The term of this Agreement shall commence July 1, 1987, and shall continue
through June 30, 1989.
III. TERMINATION:
This Agreement may be terminated upon 30 days written notice by either
party.
IV. COMPENSATION:
For the fiscal year ending June 30, 1988, the City of University Heights
agrees to pay $22,765.00 for the provision of public transit services
herein described. Payment shall be made in 12 monthly payments of
$1,897.00 each, to be received by the City of Iowa City on or before the
15th of each month.
.o• For the fiscal year ending June 30, 1989, the City of University Heights
agrees to pay $23,676.00 for the provision of public transit services
herein described. Payment shall be made in 12 monthly payments of
$1,973.00 each, to be received by the City of Iowa City on or before the
15th of each month, with first said payment due on or before July 15,
1988.
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V. This Agreement shall be filed with the Secretary of the State of Iowa and
the County Recorder of Johnson County, Iowa.
CITY OF IOWA CITY, IOWA: CITY OF UNIVERSITY HEIGHTS, IOWA
i
4am, m Isco, ayorBy.a ory
ATTEST:
ATTEST:
By: By: 6Leut,%Jw
Marian F. Karr, GiTy Clerk 6'iy Werk
ked Ap{xovac
De
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DL:S V01NES 603 HI
i'LAI\P BAITER u15-381-5864
SEORrTA%nY or STATE. November 23, 1987
I
i Marian K. Karr, City Clerk
City of University Heights
207 Golfview Avenue
Iowa City, Iowa 52290
RE: Agreement between the City of Iowa City and the City
of University Heights to provide transit service
within the corporate limits of University Heights.
Dear Ms. Karr:
We have received the above described agreement, which
you submitted to this office for filing, pursuant to the
provisions of chapter 28E, 1987 Code of Iowa.
You may consider the same filed as of November 23,
1987.
i
V
8 ter
Secretary of State
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RESOLUTION NO. 87-273
RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND
IOWA CITY AREA DEVELOPMENT GROUP, INC. (ICAD GROUP)
WHEREAS, in 1985 the City agreed to provide forty thousand dollars ($40,000)
per year to the ICAD Group for promotion of economic development; and
WHEREAS, while the individuals involved for both parties understood the
nature of the ICAD Group's activities, there is no written record reflecting
that understanding; and
WHEREAS, the parties believe a generalized statement of the ICAD Group's
purposes, and the City's funding agreement should be memorialized.
NOW, THEREFORE, IT IS RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The Memorandum of Understanding between the City and ICAD Group which is
attached hereto is approved as to form and content.
2. The Mayor is hereby authorized and directed to sign the Memorandum on
behalf of the City.
It was moved by McDonald and seconded by Courtney
the Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Baker
X Courtney
x_ Dickson
_x McDonald
X Strait
X Zuber
Passed and approved this 20th day of October 1987.
AA40R&;:
`
ATTEST: %y�¢,�, ,CLERK C1 TY CLERK
Psc&IvOd a AppvovW
$y nc Le9611 Department
WA — %Y1d7
/ S/ 3
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MEMORANDUM OF UNDERSTANDING
BETWEEN THE
CITY OF IOWA CITY
AND
IOWA CITY AREA DEVELOPMENT GROUP, INC.
The Iowa City Area Development Group, Inc. (hereafter referred to as ICAO
Group), incorporated under the Iowa Nonprofit Corporation Act, Chapter 504A,
Code of Iowa, is operated exclusively to:
the economic
1 welfare,ofstheulate, develop anadancIowa City metropolitanvandeadjace t geographic sarea, and
2. Encourage and assist the location of new businesses, professions and
industries in such area;
3. Rehabilitate and assist existing
businesses, professions and industries
in such area;
4. Stimulate and assist in the expansion of any kind of business, profes-
sional and industrial activity which would tend to promote economic
development and maintain economic stability in such area;
5. Provide maximum opportunities for employment, encourage thrift and im-
prove the standard of living of the residents of such area; and
or
6. Cooperate and act in conjunction with other organizations, p bliional,
private, in the promotion and advancement of business, p
industrial, commercial agricultural and recreational development in such
area.
As corporated, the ICAD Group agrees to serve as the entity responsible for
economic development promotion and recruitment activities for the City of
Iowa City in accordance with the above purposes. For this service ICAD Group
will receive the sum of $40,000 per
year
e ran o n fr each
of The annual years pledged
the City of Iowa City,
and be made in four equal installments on began
15, October 15, January 15 and
April 15.
This memorandum is not intended to cover all aspects of the parties' rela-
tionship, but only as a record of their general understanding of the obliga-
tions of one to the other.
I\ IOWA CITY AREA
CITY OF IOWA CITY DEVELOPMENT GROUP, INC.
W411a. J. Ary risco, Mayor
RESOLUTION NO. 87-274
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK
TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA
CITY, IOWA, AND IOWA STATE BANK & TRUST COMPANY.
WHEREAS, the City of Iowa City is the owner and holder of a certain rental
rehabilitation lien in the amount of $5,000 executed by Malvina I.
Sorensen, dated August 25, 1987, and recorded in Book 973, at page 300, in
the Johnson County Recorder's Office covering the following described real
estate:
The East half of that part of Lot Five (5), in Block Nineteen
(19) in Iowa City, Iowa, lying South of the right-of-way of the
Burlington, Cedar Rapids and Northern Railway Company, according
to the recorded plat thereof.
WHEREAS, Iowa State Bank & Trust Company of Iowa City, Iowa, will loan the
sum of $27,000 on a promissory note to be executed by Malvina I. Sorensen
and Manly Sorensen, secured by a mortgage from Iowa State Bank & Trust
Company; and
i;
WHEREAS, there is sufficient value in the above-described real estate to
(: secure said rehabilitation loan as a second lien.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
That the Mayor is authorized to execute and the City Clerk to attest a
Subordination
Companyrof ent Iowabetween
City, the
Joh son County, Iowa,and
hichwais State
attached
I hereto and hereby made a part of this agreement.
j It was moved by McDonald and seconded by Dickson the Resolution
be adopted, and upon ro ca there were:
AYES: NAYS: ABSENT:
X AMBRISCO
X BAKER
X
COURTNEY
X DICKSON
X
MCDONALD
Recafvad & pyo
X X STRAIT gy Th Legal Doperta
ZUBER 6'n J
Passed and approved this 20th day of October ^'�S/Rry/F7
.o• , 1987.
AIA
A�TTEaS•T:— �
CITY CLERK
4
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SU80ROINATION AGREEMENT
AGREEMENT made this 20th day of
the City of Iowa city, October
y, Johnson Count I9 87+ between
City, andlowa State Bank - -rust Com any , ofy+ Iowa, herein
referred to as the
Io
IT IS AGREED AS FOLLOWS; wa City, Johnson County, Iowa,
WHEREAS, the City is the
owner and holder of a certain
loan which at this
time is in the amount of rehabilitation
Ma lv{na L .. Sorensen S 5+000,00
°and A, Manle —� executed by
dated Y Sorensen
Aunt 25
in Book I9a7 , and recorded August 31
973
—� at page 300 in the —+ 148 +
covering the followin estate: County Recorder'
g described real s Office
e:
The East half of that part of Lot F{veS
Iowa, In Ra South of the right of way of the Burlington, cedar Rapids and
Five(5) in Block Nineteen (19), in Iowa Cit
Northern Railway Company, according Y.
g to the recorded plat thereof,
WHEREAS, Iowa State Bank a
Trust Company
a *27-
27 0—+ 00 00 a Promissory is about to loan the sum of
and Y note to be executed
} A. Manle by by Ma ivina L. Sorensen
estatede secured by a mortgage covering
scribed, and 9 the real
f
WHEREAS, to induce tows
necessary that the rehabilitstate Bank a
Trust Company to make such loan
ation loan held bit is
the lien of y the City be subordinated to
the mortgage about to be made by Iowa state Bank a
Trust Company
For the reasons set forth above
covenants + and in consideration
and promises of the of the mutual
parties hereto, the City agrees as follows;
I
F
1. Subordination. The City hereby covenants and agrees with
Iowa State Bank & Trust Company that the above-mentioned rehabilitation loan
held by the City is and shall continue to' be subject and subordinate to
the lien of the mortgage about to be made by Iowa State Bank & Trust Company
2. Consideration. In consideration of the City of Iowa city
subordinating the rehabilitation loan held by it to be the mortgage of record.
Iowa State Bank & Trust company shall make the above-mentioned loan to
i
Malvina L. Sorensen and A. Manley Sorensen
3. Mortgagee. The mortgage to Iowa State Bank & Trust Company shall
be in the amount of $ +27,000.00 with interest at Io_5o percent due and
payable in 24 monthly installments and the City hereby acknowledges the
notice of the mortgage and acknowledges .it as a lien superior to the
rehabilitation loan 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.
ATTEST:
City Clerk
CITY Of IOWA CITY
Payor
/51/
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STATE OF IOWA SS:
JOHNSON COUNTY )
Ig 87, before me, the
on this loth day of October personally
undersigned.—5- Notary Public in and fandthejarianeKoKarowa, p
appeared William J. Ambris b me duly sworn, td say that they are
y
to me persona nown, who, being y of said municipal corporation
i the Mayor and City Clerk respectively,
executing the within and foregoing instrument to which this is attached,
that the seal o
that saidsial nstrumentdwasers'to gneds and sealed fonsaid
o behalft Pasaid rmunicipal
Council; and that the said
corporation by authority of its City as such of iters
iVilliam J. Ambrisco and D1arian K. Karr
ac now a ge t e execu ton of sat ins rum ttand by themvvoluntarilytexea
deed o- said municipal corporation, by
toted. —
/V�� Qt
Ijotary Public i and for said State.
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RESOLUTION NO. 87-275
RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF A TENTH AMEND-
MENT TO AGREEMENT WITH VEENSTRA & KIMM, INC. (V&K), AUTHORIZING
FINAL PAYMENT OF V&K PURSUANT THERETO, AND APPROVING AND AUTHOR-
IZING EXECUTION OF A TERMINATION AGREEMENT WITH V&K, ALL IN
CONNECTION WITH THE DESIGN OF WATER POLLUTION CONTROL FACILITIES
FOR THE CITY OF IOWA CITY, IOWA.
WHEREAS, the City of Iowa City, entered into an agreement dated March 4,
1975, with Veenstra & Kim, Inc., (V&K) for the preparation of a Facility
Plan in accordance with the Federal Water Pollution Control Act Amendments
of 1972, and the Clean Water Act of 1977; and
WHEREAS, the City and V&K thereafter executed nine amendments thereto,
dated June 10, 1975, May 10, 1977, August 23, 1977, May 12, 1978, June 13,
1979, April 29, 1980, July 2, 1980, February 12, 1981, and August 11,
1981; and
WHEREAS, the Sixth Amendment to Agreement, dated April 29, 1980, the
Seventh Amendment to Agreement dated July 2, 1980, and the Eighth Amend-
ment to Agreement, dated February 12, 1981, each contained the provision
that for purposes of the Amendment, it was understood and agreed that the
Indirect Cost (overhead) was established at one hundred fifty percent
(150%) of Direct Labor, and that it was understood and agreed by the
parties to the Amendment that the rate of 150% was subject to upward or
downward adjustments during the course of the Project, or after the Pro-
ject completion; and
WHEREAS, pursuant to Federal Government audit of V&K's Indirect Costs, it
was determined that the said overhead rate should be adjusted upward for
services rendered during the period January 1, 1980, through October 31,
1984, and on that basis V&K submitted its request for further payment from
the City; and
WHEREAS, City and V&K representatives have determined, based on negotia-
tions had to date, that the City owes V&K the sum of $56,562.23 in Indi-
rect Cost Adjustments; and
WHEREAS, the City has determined that the services of V&K for the design
of water pollution control facilities are no longer required; and
WHEREAS, representatives of the City and V&K have negotiated the terms of
a Tenth Amendment to Agreement, calling for payment of V&K as aforesaid,
and have negotiated the terms of a Termination Agreement, concluding the
obligations of both parties under the Agreement and Amendments thereto;
and
WHEREAS, this City Council has been advised and does believe it would be
in the best interests of the City of Iowa City to approve and authorize
execution of the said Tenth Amendment to Agreement and Termination Agree-
ment.
2
NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA,
1. That the Tenth Amendment to Agreement and the Termination Agreement,
attached hereto and made a part hereof, are hereby approved as to form
and content; and
2. That the Mayor and City Clerk be, and they are hereby authorized and
directed, to execute and attest, respectively, said Agreements for and
on behalf of the City of Iowa City, Iowa; and
3. That the Director of Finance be, and is hereby authorized and directed
to issue a City Warrant payable to Veenstra b Kinin, Inc. in the amount
of $56,562.23 from Fund No.3341.0.
It was moved by McDonald and seconded by Dickson the Resolu-
tion be adopted, an upon ro call there were:
AYES:
NAYS: ABSENT:
X
AMBRISCO
X
BAKER
X
COURTNEY
X
DICKSON
X
MCDONALD
x_ STRAIT
X
ZUBER
Passed and approved this 20th day of October , 1987.
c
A
YOR
ATTEST:
M
Al+f�evec'
nl Dopartmsnt
/O
/5/-5�
1
TERMINATION AGREEMENT
THIS TERMINATION AGREEMENT, made and entered
October, 1987, between the City of Iowa Cit into this
to as the "City") and the Y. Iowa (her
20th day of
Kinin, In .1 a corporation professional eina ter referred
State of °rganized and engineering firm of Veenstra g
Iowa (hereafter referred to as existing under
follows; the "Consultant") laws of the
Provides as
RECITALS:
WHEREAS, the City and the professional engineering
Kinn, Engineers and Planners, a partnership of H.
Kinin entered into an firm Of Veenstra 8
Preparation of a Agreement dated March 4, 1975 o(the 'bert VAgreement^d J W
Water Pollution ControliA tplAmendments in accordance with Title Federal
amended, and as further amended by the Clean Water Act of 1977 (Public Law
1975,) and also entered into amendments to said Agreement 1972 ( Ldated June'105
19,1 May 10, 1977, August 23, 1977, May 12, 1978
29, 1980, July 2, 1980, February 12, 1981 and
ments""), which Agreement and June 13, 1979, April
professional engineering Amendments relate to
11, 1981 (the "Amend -
phase of EPA Project Nos. 90830 033 and C190830related services ° O4 h(theP"Proojp is"(Design)he
WHEREAS, the Consultant is the successor in interest ) and
Engineers and Planners; and
to Veenstra 8 Kimn,
WHEREAS, the City has determined that it has no
further need for the
services of the Consultant in connection with the
Projects; and
WHEREAS, a dispute has arisen
the nterpretation of the between the Consultant and
to bpaid et the Cit Agreement, as amended, with res the Clty as to
i
City to the Consultant; and respect to the sums
WHEREAS, the parties desire to settle their dispute and at
provide for a complete termination of t
the Agreement, as amended, heir relationship with respect to
the same time
NOW, THEREFORE, in exchange for mutual consideration,
sufficiency of which is hereby acknowledged, it is
as follows: the receipt and
agreed by the parties
1• A reed�Onountagree Owin Under the A reement,amounte �s ue an the parties six Thousand Five ° ) Consu taut from the City ° (556,562.23), (the "Final Payment 11) Hundred Sixty-two and 23/100 Dollars
was derived as is set forth in the following the sum of which Final Payment
g Project tabulations:
a
/J Zso—
.o•
n
Project Description Indirect
Cost Adjustment
EPA Project No. C190830 03
WaterPol lutmonuont-r-olPlant $34,616.38
Outfall Sewer 4,012.23
Subsurface Soil Investigations 9,21
Value Engineering 4,324.13
User Charge System -97.77
Industrial Cost Recovery System -Y8.89
Sewer Use Ordinance 9.03
Pretreatment Program 51.15
Subtotal $42,895.47
EPA Project No. C190830 04
Sou leas n ercep or $13,990.90
Outfall Relief Sewer -850.24
Sewer System Rehabilitation 526.10
Subtotal
X13,666_76
TOTAL $56,562.23
2. Execution of Tenth Amendment to A reement. For the purpose of for-
ma y accounting to the United States Environmental Protection Agency
(the "EPA") as to the derivation of the sum of the Final Payment, the
City and the consultant agree to execute three original copies of a
"TENTH AMENDMENT TO AGREEMENT" (the "Tenth Amendment"), the form of
form is incorporated herein by this reference as if fully set fo
which is attached to this Termination Agreement as Exhibit "A," which
rth.
3. Pa ment of Final Pa gent. The Final Payment shall be paid by the City
To
e onsu ant within fifteen (15) days after the execution of this
Termination Agreement by both parties hereto.
4. Effect of Final Pa gent. Upon receipt of the Final Payment, by the
Consu tant: (1) t e Consultant will have been PAID IN FULL for all
services
e gree-
ment,the pAmendments and the TenthrAmendment;�n(2)tithe mutual econ with h releases
set forth in Section 6 hereof shall be of full force and effect and
shall be binding upon the parties hereto; and (3) the Agreement, the
Amendments and the Tenth Amendment shall be deemed by the parties
hereto to be completely satisfied, discharged and of no further effect
upon either the City or the Consultant.
5. Grant Documentation. The City agrees that it will make no further
demand for any documentation of any nature frau the Consultant with
respect to the Agreement, the First through Ninth Amendments, or the
Projects, provided, however, that Veenstra 8 Kimn shall provide such
further documentation regarding the Tenth Amendment as may be neces-
sary for the City to obtain federal and state grant monies in connec-
tion with the Tenth Amendment and this Termination Agreement.
/sis
.o.
0
3
6. Mutual Release From Further Performance. Effective upon receipt of
e Final Paymenty the Consultant, and as evidenced by the execution
of this Termination Agreement by both parties below, the City and the
Consultant in consideration of the mutual promises contained herein
and other good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged by the City and the Consultant, do
hereby release, acquit, and forever discharge the other party hereto
from further performance under the Agreement, the prior Amendments, or
the Tenth Amendment, except as provided in paragraph 5 above. The
City and Consultant further agree that Consultant's liability with
respect to the design of wastewater system improvements shall extend
only to such facilities designed by it as have been constructed as of
the date of this Agreement, and that Consultant shall not have such
liability with respect to facilities which it designed but which have
not been constructed by the City as of the date of this Agreement.
This release is hereby executed and delivered as part of the compro-
mise reached by the City and the Consultant as to their dispute as to
the construction of the Agreement and Amendments.
7. Binding __Ef�fect. This Termination Agreement shall be binding upon and
inuresbenefit of the parties and their successors, assigns,
executors, administrators, heirs, legatees, devisees and personal
representatives.
8. Entire Agreement. This Termination Agreement sets forth the entire
understanding oT the parties and all prior agreements and understand-
ings, whether written or oral, are expressly superseded by the terms
hereof.
9. Governing Law. This Termination Agreement shall be subject to and
shall e construed in accordance with the laws of the State of Iowa.
10. Counterppa�r—ts, This Termination Agreement may be executed in two or
more counterparts, all of which taken together shall constitute one
and the same instrument, and any one of which may be deemed an origi-
nal.
IN WITNESS WHEREOF, the parties have executed this Termination Agreement
as of the date first above written.
VEENSTRA 8 KID44, INC.
By:
—�
N.R. Veenstra, Chairman
ATTEST:
CONSULTANT
CITY OF IOWA CITY, IOWA
ATTEST:
By :
t Clerk
CITY
/S/.5'
L
TENTH AMENDMENT TO AGREEMENT
INDIRECT COST ADJUSTMENT
WHEREAS, the City of Iowa City, hereinafter referred to as the city.
into an agreement dated March 4, 1975, with Veenstra & Kfmn Inc.
Engineers & Planners, hereinafter referred to as the Consultant, for the
ered
preparation of a Facility Plan in accordance with Title II Ofthe 'Federal
Water Pollution Control Act Amendments of 1972 (Public Law 92_500), as
amended, and as further amended by the Clean Water Act of 1977 (Public Law
95-217), and
WHEREAS, the parties hereto executed the original agreement and amendments
thereto, dated June 10, 1975, May 10, 1977, August 23, 1977, May 12, 1978,
June 13, 1979, April 2g' 1980, July 2, 1980, February 12, 1981, and August 11,
1981, hereinafter referred to collectively as the Agreement, and
WHEREAS, the Sixth Amendment to Agreement, dated April 29, 1980, together with
the Seventh Amendment to Agreement dated, July 2,1980, the Eighth Amendment
to Agreement, dated February 12, 1981, each contained the provision that for
purposes of the Amendment, it was understood and agreed that the Indirect Cost
(overhead) was established at one hundred fifty percent
Labor. Each Amendment also had the further provision that50t)waOe s eeV
and agreed by the parties to the Amendment that the rate of 150% was subject
t
I
f
to upward or downward adjustments during the course of the Project, or after
the operat10
nsmoIeth0nConsulnd n9bupon the results of an audit, or audits, of
Each Amendment further contained thetprovfsion0that1follow1.ng suchiaudit, or
audits, the fees paid, or to be paid, would be adjusted accordingly, and
WHEREAS, the Consultant's actual overhead rates, as established by EPA audits,
were as follows:
WHEREAS, the professional engineeringfirm of 151.6%
Engineers & Planners, a partnership f H. Robert eVeenstraKa d�J. W. Kimm
entered into the above -said Amendments to Agreement with the City to provide
professional engineering and related services for the City for the Step 2
(Design) Phase of the Project, and
WHEREAS, the professional engineering firm of Veenstra & Kimm, Inc., a
corporation organized and existing under the laws of the State of Iowa
ines with
Consultant, iscororate cthees isuccessorn West sinointerestwof Veenstrat&rK{emferred to as the
Engineers & Planners.
-I-
Period
Audited
January
01,1980
to
November
01,
1980
Overh�te
November
November
02,
01,
1980
1981
to
October
31,
1981
151.9%
October
31,
1982
to
to
October
October
30,
29,
1982
1983
141.9%
190.7%
October
30,
1983
to
October
31,
1984
152.3%
WHEREAS, the professional engineeringfirm of 151.6%
Engineers & Planners, a partnership f H. Robert eVeenstraKa d�J. W. Kimm
entered into the above -said Amendments to Agreement with the City to provide
professional engineering and related services for the City for the Step 2
(Design) Phase of the Project, and
WHEREAS, the professional engineering firm of Veenstra & Kimm, Inc., a
corporation organized and existing under the laws of the State of Iowa
ines with
Consultant, iscororate cthees isuccessorn West sinointerestwof Veenstrat&rK{emferred to as the
Engineers & Planners.
-I-
NOW. THEREFORE, it is mutually agreed that the Sixth Amendment to Agreement,
dated April 29, 1980, as amended by the Seventh Amendment to Agreement, dated
July 2, 1980, and the Eighth Amendment to Agreement, dated April 29, 1980, be
further amended as follows:
Under side heading "COMPENSATION FOR STEP 2 SERVICES," in the Sixth
Amendment to Agreement as amen a by the event Amendment to Agreement,
delete paragraph "a." under item "6."
and substitute the following:
a. For design and plans and specifications for the water pollution
control plant, the maximum amount chargeable for the actual costs
incurred for Direct Labor, Indirect Costs and other Direct Costs,
including a subcontract but excluding the fixed fee, is One Million
Three Hundred Ninety-four Thousand Five Hundred Thirteen and
30/100 Dollars (51,394,513.38). The fixed fee for design and plans
and specifications for the water pollution control plant is Two
Hundred Twenty-five Thousand One Hundred Three Dollars ($225,103)."
Under side heading "COMPENSATION FOR STEP 2 SERVICES," in the Eighth
Amendment to Agreement, a ete paragrap un er item
substitute the following: "6." and
"d. For design and plans and specifications for the Sewer System
Rehabilitation, the maximum amount chargeable for the actual costs
incurred for Direct Labor, Indirect Costs and Other Direct Costs, but
excluding the fixed fee, is Twenty-six Thousand Two Hundred
Thirty-six Dollars
for desiand 10/100 Dollars ($26,236.10). The fixed fee
gn and plans and specifications for the Sewer System
Rehabilitation is Four Thousand, Five Hundred Dollars ($4,500)."
The undersigned do hereby covenant and state that this Tenth Amendment is
executed in triplicate as though each were an original and that there are no
oral amendments or agreements which have not been reduced to writing in this
instrument.
It is further covenanted and stated that there are no other considerations or
monies contingent upon or resulting from the execution of this Tenth Amendment,
nor have any of the above been implied by or for any party to this instrument.
Accepted this 20th day of October , 1987.
.o•
ATTEST: CITY OF IOWA CITY, IOWA
By J sib. } yor
,ty erc Q� /
VEENSTRA & KIMM, INC.
Engineers & Planne
a ATTEST:
BY
By ? i . i airman
-2-
/ses
1n�
TERMINATION AGREEMENT
THIS
OctoberERM198710betweenMthe �CitymadeofnIowa tCity. Iowaad enered intothis day of
(heretn eer referred
to as the "City") and the professional engineering firm of Veenstra 8
Kinin, Inc., a corporation organized and existing under the laws of the
State of Iowa (hereafter referred to as the "Consultant") provides as
follows: V
RECITALS:
WHEREAS, the City nd the professional engineering firm of Veenstra &
Kimm, Engineers and lanners, a partnership of H. Robert Veenstra and J.W.
Kim entered into an Agreement dated March 4, 1975 (the "Agreement"), for
preparation of a face it y plan in accordance ,with Title II of Federal
Water Pollution Contro Act Amendments of 1972 (Public Law 92-500), as
amended, and as further ended by the Clean Water Act of 1977 (public Law
95-217) and also entered into amendments to��ss'aid Agreement dated June 10,
1975, May July
2,1 Au Feb2r 1977, May 12, 1978, June 13, 1979, April
men 1980, July 2, 1980, Fearm 12, 1981 and August 11, 1981 (the "Amend-
ments""), which Agreement an Amendment relate to providing the City with
i phasesofonal EPA ProjectrNos.aC190810 03 nd C190830for
04the
(theEPA
"Proeects(D); and
WHEREAS, the Consultant is the s cessor in interest to Veenstra & Kim,
Engineers and Planners; and
WHEREAS, the City has deter ined th t it has no further need for the
services of the Consultant connecti with the projects; and
WHEREAS, a dispute has isen between t Cons
of t A
ultant and the Clty as to
the interpretation e greement, as am nded, with respect to the sums
to be paid by the City to the Consultant; an
WHEREAS, the partie desire to settle their di�pute and at the same time
provide for a com ete termination of their re ationship with respect to
the Agreement, a amended.
R in
sufficiencyF099f whicheschherebyfor mi
itual ack owledged,�siiteistagr' t e receipt
and
as follows:/
I /
I. A reed U on Amount Owin Under the A reement. The parties hereby
agree t a ere is ue an owing to e onsu tant from the City the
o amount of Fifty-six Thousand Five Hundred Sixty-two and 23/100 Dollars
($56,562.23), (the Final Payment"), the sum of which Final Payment
was derived as is set forth in the following Project tabulations:
Y
.o•
Y
2
2. Execution of Tenth Amer) ment toA feement. For the purpose of for-
mally accounting to the nited S tes Environmental Protection Agency
(the "EPA") as to the de ivatio of the sum of the Final Payment, the
City and the Consultant a ree to execute three original copies of a
"TENTH AMENDMENT TO AGREE " (the "Tenth Amendment"), the form of
which is attached to this rmination Agreement as Exhibit "A," which
form is incorporated herei this reference as if fully set forth.
3. Payment of Final Pa men . The inal Payment shall be paid by the City
o e onsu an wi n fifteen (15) days after the execution of this
Termination Agreemen by both par ies hereto.
4. Effect of Final P ment. Upon re ipt of the Final Payment, by the
Consu tants (1 the Consultant wil have been PAID IN FULL for all
services perfor ed or to be performe in connection with the Agree-
ment, the Amen ments and the Tenth Ame dment; (2) the mutual releases
set forth in Section 6 hereof shall be f full force and effect and
shall be bi ing upon the parties hereto; and (3) the Agreement, the
Amendments ,and the Tenth Amendment shall be deemed by the parties
hereto to be completely satisfied, discharged and of no further effect
upon either the City or the Consultant.
5. Grant Documentation. The City agrees that it will make no further
demandjfor any documentation of any nature from the Consultant with
respect' to the Agreement, the First through Ninth Amendments, or the
Projects, provided, however, that Veenstra b Kinin shall provide such
further documentation regarding the Tenth Amendment as may be neces-
sary for the City to obtain federal and state grant monies in connec-
tion with the Tenth Amendment and this Termination Agreement.
/215�/S�
Indirect
Project Description
Cost Adjustment
EPA Project No. C190830 03
a er o u ion on ro Plant
$34,616.38
Outfall Sewer
4,012.23
Subsurface Soil Investigations
9.21
Value Engineering
4,324.13
User Charge System
-97.77
Industrial Cost Recovery System
-28.89
Sewer Use Ordinance
9.03
Pretreatment Program
51.15
Subtotal
$42,895.47
EPA Project No. 190830 04
$13{990.90
Sou eas n rcep or
Outfall Relief ewer
-850.24
Sewer System Re bilitation
526.10
Subtotal
113,666.76
TOTAL
$56,562.23
2. Execution of Tenth Amer) ment toA feement. For the purpose of for-
mally accounting to the nited S tes Environmental Protection Agency
(the "EPA") as to the de ivatio of the sum of the Final Payment, the
City and the Consultant a ree to execute three original copies of a
"TENTH AMENDMENT TO AGREE " (the "Tenth Amendment"), the form of
which is attached to this rmination Agreement as Exhibit "A," which
form is incorporated herei this reference as if fully set forth.
3. Payment of Final Pa men . The inal Payment shall be paid by the City
o e onsu an wi n fifteen (15) days after the execution of this
Termination Agreemen by both par ies hereto.
4. Effect of Final P ment. Upon re ipt of the Final Payment, by the
Consu tants (1 the Consultant wil have been PAID IN FULL for all
services perfor ed or to be performe in connection with the Agree-
ment, the Amen ments and the Tenth Ame dment; (2) the mutual releases
set forth in Section 6 hereof shall be f full force and effect and
shall be bi ing upon the parties hereto; and (3) the Agreement, the
Amendments ,and the Tenth Amendment shall be deemed by the parties
hereto to be completely satisfied, discharged and of no further effect
upon either the City or the Consultant.
5. Grant Documentation. The City agrees that it will make no further
demandjfor any documentation of any nature from the Consultant with
respect' to the Agreement, the First through Ninth Amendments, or the
Projects, provided, however, that Veenstra b Kinin shall provide such
further documentation regarding the Tenth Amendment as may be neces-
sary for the City to obtain federal and state grant monies in connec-
tion with the Tenth Amendment and this Termination Agreement.
/215�/S�
o•
3
6. Mutual Release From Further performance. Effective upon receipt of
e ina agmenJFLF
of thividenced by s Termination yAgreement ubyaboth pa ties below, t etCityxandtthe
Consultant in consideration of the mutual promises contained herein
and other good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged by the City and the Consultant, do
hereby release, acquit, and forever discharge the other party hereto
from further performance under the Agreement, the prior Amendments, or
City Tenth
Consultant furthment er agrt as ee vided in that t at Consultantash 15abtlity with
respect to the design of wastewater system improvements shall extend
only
to s
the dateof his lAgreement, ga d ned bthatt Consultanas have ts shalen l snot chavveas of
such
liability with respect to facilities which it designed but which have
not been constructed by the City as of the date of this Agreement.
This release is hereby executed and delivered as part of the compro-
mise reached by the City and the Consultant as to their dispute as to
the construction of the Agreement and Amendments.
7. ndin Effect. This Termination Agreement shall be binding upon and
inure o e benefit of the parties and their uccessors, assigns,
executors, adm*nist ors, heirs, legatees, evisees and personal
representatives.
8. Entire A reement. This Te ination Agr ment sets forth the entire
un ers an ing o the parties ppppd all pr or agreements and understand-
ings, whether written or oral,\are a ressly superseded by the terms
hereof.\
9. Governin Law. This Terminatio A �eement shall be subject to and
s a e cons rued in accordan
with the laws of the State of Iowa.
10. Counter arts, This Termin ion Agreomen may be executed in two or
more e s erparts, all of which taken to the r shall constitute one
and the same instrument, and any one of whi h may be deemed an origi-
nal.
IN WITNESS WHEREOF, the arties have executed this termination Agreement
as of the date first ab ve written.
VEENSTRA & KIMDV, INC.
By :
ATTEST:
By :
CONSULTANT
rman
By:
CITY OF IOWA -CITY, IOWA
Mayor
ATTEST:
By:
City C erk
CITY
/.s-�s
I�
Y
City of Iowa City
MEMORANDUM
DATE:October 13, 1987
TO: Steve Atkins and City Council
FROM: Chuck Schmadeke
RE: Environmental Protection Agency
(
EA) Grant
Facility Improvements (Veenstra &Kimm Contract)r Design of Wastewater
The City of Iowa City entered into an amended Agreement with Veenstra & Kimm
Engineers in April of 1980 for design of the EPA approved wastewater facility
improvements. Design work and construction plans were completed in November of
1983 and submitted to the State for review and approval. Final review and
general approval by the State was completed in March of 1987 and the design
phase of the project can now be closed out. As part of the closeout process,
an EPA audit of Veenstra & Kimm's indirect costs (overhead) is required with an
upward or downward adjustment to reflect actual costs.
Paragr
Veenstrah&SKimmestateseinapart for isep 2 understoodeandf the agreedsthatAgthemindirect
costs (overhead) have been established at one hundred fifty
direct labor. It is further understood and agreed by the parties hereto that
the ratio of 150% is subject to u Percent (150%) of
of the project, or after project upward
nwnward adjustment during the course
audit, or audits of the operations of the consultant nbyothe tAudit
he sDivision of
EFA, Region VII. Following such audit or audits, the fee paid, or to be
will em adjusted accordingly". This provision of the Agreement was a
requirement of EPA. Paid,
The term Indirect Costs, which constitute allowable overhead, includes indirect
salaries, group insurance, payroll taxes, pension plan, rent, utilities, office
lies
Suppliesineering
excludiingatollnd echarges undergthisnAmendment,
professional card listings, library costs, dues and licenses, recruiting and
education, administrative travel, . miscellaneous administrative expense,
computer fees, legal and accounting, amortization, depreciation and operating
insurance.
V&K initially requested a final cost adjustment for indirect labor in the
an amountempt t of $91,704.71, City staff negotiated the matter with Veenstra & Kimm in
City
tCounciloreducethis concurrence, isn$56P562eTg
23. lOthAmendmenttothe Veenstra&enegotiated
settlement,
t
Kimm Agreement adjusting the final indirect cost amount is required before
the City's share oth
Payment can be made. EPA will reimburse the City 75% of this cost, bringing
f is cost down to $14,140.56.
The Public Works and Legal Departments recommend approval of the payment of
$56,562.23 to Veenstra & Kimm.
/ISY
DEFEATED
RESOLUTION NO.
RESOLUTION ESTABLISHING NO PARKING ANYTIME ON THE EAST SIDE OF
SUNSET STREET FROM ITS INTERSECTION WITH IOWA HIGHWAY 1 NORTH TO
A POINT 100 FEET NORTH OF ABER AVENUE.
WHEREAS, the ordinances of the City of Iowa City, Iowa, provide that the
City Council may establish no parking anytime zones; and
WHEREAS, the City Council of Iowa City, Iowa, has determined that is in
the public interest to establish a no parking anytime zone on the east
side of Sunset Street from its intersection with Iowa Highway 1 north to a
point 100 feet north of Aber Avenue.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY:
1. That a no parking anytime zone be created on the east side of Sunset
Street from its intersection with Iowa Highway 1 north to a point 100
feet north of Aber Avenue.
2. That the City Traffic Engineer is hereby authorized and directed to
have appropriate signs installed so as to implement the provisions of
this resolution.
It was moved by McDonald
the Resolution be a o and seconded by Courtney
P an upon roll call there were:
AYES: NAYS: ABSENT:
X
X
—r --
X
X
X
X
Passed and approved this day of
ATTEST:
CITY CLERK
M
AMBRISCO
BAKER
COURTNEY
DICKSON
MCDONALD
STRAIT
ZUBER
, 1987.
MAYOR
Ived .proved
eparimenf
.
115V4
.V'
s
J�
29 September 1987
James Brachtel
Traffic Engineer
�'•�=� of rows Crty
Ci vJ c Center
410 E i9a3hington St.
Iowa City, Iowa 52240
I
Dear Er Brachtel,
I
As per our discussion
on
ProhibitingPhone
of parking on
In
the
ram strongly
the east opposed
your letter. The cars side of Sunset as
side will which
to
suggestedthe
then be Parked
difficult
are presentl Parked
on the
on
for to back
obstructin
west dIds mly
out of g it
the east
even
a
9 the visabilit
tato consideration.
my drive onto a bus
y' r would a
appreciate
more
street by
this
s
being taken
Sincerely
Shirley Bell
1247 sunset
Iowa City. rowa
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RESOLUTION N0.
RESOLUTION ESTABLISHING FEES FOR CERTIFICATES OF STRUCTURE COMPLIANCE
AND RENTAL PERMITS AS PART OF THE IOWA CITY HOUSING CODE.
WHEREAS, the Code provides for inspection and the licensing of all multiple
dwellings, rooming houses, duplexes, and single family rental dwellings; and
WHEREAS, the Code requires that a fee in an amount set by the City Council be
paid prior to the issuance of a Certificate of Structure Compliance and
Rental Permit.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT:
The Rental Permit fees and one-time Certificate of Structure Compliance fee
for licensing multiple dwellings, rooming houses, duplexes and single-family
rental dwellings shall be as follows:
Certificate of Structure Compliance - $40.00 per structure
Rental Permit - $40.00 per structure plus $9.00
per rooming unit or dwelling
unit contained within the
structure. Rental permit fees
shall be collected simultane-
ously with, and no more fre-
quently than, the inspection of
the pm
of
which has sbeen tthe gtc
set by the City
.Council of Iowa City, Iowa.
It was moved by and seconded by
the Resolution be a op a an upon ro call there were:
AYES: NAYS: ABSENT:
Ambrisco
Baker
Courtney
Dickson
McDonald
Strait
Zuber
Passed and approved this day of
1981.
ATTEST:
I
MAYOR
/5/7