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HomeMy WebLinkAbout2010-08-17 Correspondence08-17-1 U r ~~~,®~,~ CITY OF IOWA CIT 3f1 RAN U E~C~ Date: August 6, 2010 To: City Clerk From: Kent Ralston, Acting Traffic Engineering Planner ~17~ Re: Item for August 17th, 2010 City Council meeting; Removal of (1) NO PARKING ANY TIME EXCEPT SUNDAYS sign, and Installation of (1) NO PARKING ANY TIME sign in the south half of the 100 Block of N. Dubuque Street As directed by Title 9, Chapter 1, Section 3B of the City Code, this is to advise the City Council of the following action. Action: Pursuant to Section 9-1-3A (10), Remove (1) NO PARKING ANY TIME EXCEPT SUNDAYS sign, and Install (1) NO PARKING ANY TIME sign in the south half of the 100 Block of N. Dubuque Street (west side of street) Comment: This action is being taken to disallow vehicles to park on-street in the through travel lane for southbound motorists on Dubuque Street north of Jefferson Street. The current arrangement should be modified to meet accepted traffic engineering standards. This change will only result in the prohibition of on-street parking on Sunday's as parking is currently prohibited for the rest of the week. Sunday parking will remain available on the north half of the block. FILED ~5j~ KT AU G 0 6 1.010 City Clerk Iar~aCi;•;, lo•.~~ r j ~~..®~~ ~ ~~~~~~ ~ ,~~,.~ Date: August 6, 2010 To: City Clerk CITY OF IOWA CIT 3f2 MEMORANDUM From: Darian Nagle-Gamm, JCCOG Traffic Engineering Planner Re: Item for August 17`h, 2010 City Council meeting; Remove (1) TRANSIT STOP sign on the east side of the 200 block of S. Clinton Street, south of the pedestrian mall entrance. As directed by Title 9, Chapter 1, Section 3B of the City Code, this is to advise the City Council of the following action. Action: Pursuant to Section 9-1-3A (19); Remove (1) TRANSIT STOP sign on the east side of the 200 block of S. Clinton Street, south of the pedestrian mall entrance. Comment: This action is being taken at the request of the Transportation Services department. ~ILEI~ ~-,'CUSP K> AUG 06 2010 Ciry Clerl~ Io~~a City, 1c•.~a _~ r -~r . ,~~,.~ Date: August 6, 2010 To: City Clerk CITY OF IOWA CIT 3f3 MEMORANDU From: Darian Nagle-Gamm, JCCOG Traffic Engineering Planner Re: Item for August 17th, 2010 City Council meeting; Installation of NO PARKING ANY TIME signs on the turnaround on the north end of Woolf Avenue. As directed by Title 9, Chapter 1, Section 3B of the City Code, this is to advise the City Council of the following action. Action: Pursuant to Section 9-1-3A (10); Install NO PARKING ANY TIME signs on the turnaround on the north end of Woolf Avenue. Comment: This action is being- taken to prohibit parking on the newly paved turnaround at the north end of Woolf Avenue which functions as a cul-de-sac. AILED _ AUG 0 6 2010 City Clerk Iowa City, Iowa r -- !~~~ p~~ CITY OF IOWA CIT 3f(4 -~ ~.:. EMaRA Date: July 20, 2010 To: City Clerk From: Kent Ralston, Acting Traffic Engineering Planner ~~ Re: Item for August 17th, 2010 City Council meeting; Installation of (1) NO PARKING CORNER TO HERE sign on the northeast corner of the intersection of Bloomington Street and Reno Street. As directed by Title 9, Chapter 1, Section 36 of the City Code, this is to advise. the City Council of the following action: Action: Pursuant to Section 9-1-3A (10), install (1) NO PARKING CORNER TO HERE sign on the northeast corner of the intersection of Bloomington Street and Reno Street. Comment: This action is being taken to prohibit parking that blocks the sight distance of Bloomington Street to southbound vehicles on Reno Street. 3f 5 Marian Karr From: Mike Wright Sent: Thursday, August 05, 2010 8:21 PM To: Marian Karr Subject: FW: The City of San Francisco has outlawed the use of non-reusable plastic bags -----Original Message----- From: TIMTAFCO@aol.com [mailto:TIMTAFCO@aol.com] Sent: Thu 8/5/2010 6:03 PM To: Mike Wright Subject: The City of San Francisco has outlawed the use of non-reusable plastic bags Iowa City Mayor & Council: The City of San Francisco has outlawed the use of non-reusable plastic grocery bags, and encouraging the purchase of re-usable bags. Fifteen other cities are in the process of outlawing non-reusable plastic grocery bags. Substantial cost reduction of rubbish processing, as well as eco Green Environment aspect. In Iowa City, Pioneer Co-Op and Aldi actively encourage bringing and using reusable bags. Hy Vee does not actively encourage ecology or re-usable bags. What is the position of Iowa City Council? Can a position and a directive be made? Tim Taffe 726 Iowa Avenue Iowa City 319 512 5880 1 3f 6 Marian Karr From: Emma Boorboor [emma@ips-dc.org] Sent: Tuesday, July 13, 2010 10:21 AM To: Regenia Bailey; Council; Ross Wilburn; Mike Wright Subject: Iowa City Local Jobs Resolution Follow up Dear Councilmembers, We want to follow up on the possibility of passing an Iowa City Local Jobs Resolution, which would provide $6,414,462 to create 117 jobs in Iowa City. We would be happy to speak with you and answer any questions you may have. We look forward to hearing from you. We are attaching again, below, the Local Jobs Resolution Toolkit and also a recent study from the Center on Budget and Policy Priorities on the need for a public jobs program and its stimulative effect on local and state economies. In peace and solidarity, Karen Dolan, karen@ips-dc.org Emma Boorboor, emma@ips-dc.org Local Jobs Resolution Toolkit: http://citiesforprogress.org/index.php?option=com_content&task=view&id=794&Itemid=74 Report: http://www.cbpp.org/files/6-29-lOsfp.pdf This email has been scanned by the MessageLabs Email Security System. For more information please visit http://www.messagelabs.com/email 1 3f 7 Marian Karr From: Marcia Bollinger Sent: Monday, August 09, 2010 9:46 AM ' To: 'Ga1t111 @aol.com' Cc: Council Subject: "Crossroads" sculpture Hi John.... My name is Marcia Bollinger and I coordinate the City of Iowa City's Public Art Program. I was asked to respond to your email. Thank you for your suggestion. I'm very familiar with the location you are describing and it does act as the "Crossroads" between Rochester, Market and Union. Both the property next to your condominium and the little diamond are pubic right of way and maintained by the City. The first practical step in evaluating this location for a potential sculpture would be to determine the location of underground utilities as a concrete pad is installed that typically reaches below the frost line (42") for any sculpture. The site distance for all form of traffic needs to be evaluated; particularly important in this location because of the high volume and diverse direction of the vehicular traffic. We cannot hinder the ability of any traffic to see what activity is occurring in the area with the installation of a sculpture. The second step would be to evaluate potential funding sources. Both private and public funding sources are apossibly -and thank you for your offer!. Currently, the Iowa City Public Art Program is operating in a "maintenance' mode -with funding primarily available for a limited number of specific projects such as two temporary sculpture display pads and the Poetry in Public Project. The Neighborhood Art project was the only exception and did retain an allocation of $10,000 per year. This program was established to move the focus of the Iowa City Public Art Program to art in the neighborhoods and to allow neighborhood residents to actively participate in the selection, site location, possible production and installation of art in their neighborhoods. This "crossroads" location is located in the College Green neighborhood association. Although the neighborhood association has not been active for some time, involvement of the residents in the neighborhood must be secured. I would still be happy to work with you on the specifics of spearheading such a project. The Iowa City Public Art Advisory Committee must review the project to receive a monetary commitment with the City Council ultimately authorizing an artist's contract for the project. Please feel free to contact me at 319-356-5237 or Marcia-Bollinger(cc7iowa-city.org and I would be happy to discuss necessary steps with you. Marcia Bollinger Public Art Program Neighborhood Services Office City of Iowa City In a message dated 7/30/2010 9:42:25 A.M. Central Standard Time, Ga1t111 @aol.com writes: It is government, I didn't expect any. John In a message dated 7/30/2010 8:53:20 A.M. Central Standard Time, mike@corcorancommunications.com writes: Good luck! I'm really curious about the response, if any, you will receive. On Jul 29, 2010, at 8:40 PM, Ga1t111 c(D.aol.com wrote: Hi, This is really for parks and recreation and my local representative, but I could not find an e--mail for either of them. Please forward if needed? My name is John Northup and I live at 1011 Rochester AVE. The City seems to own a nice little parcel of land right next to my condominium (they very nicely mow it almost every week) as well as a little diamond of land in the street(s) right next to it. Many drivers run into it and stop as if, which way do I go? Try it? First, please don't build anything on it! Except maybe make it a little park or put up some kind of sculpture? Second, my artist friend and I have a few Ideas. Our Favorite is one of Robert Johnson selling his soul at the Crossroads to the devil for the gift of .... The location is literally a Crossroads between Rochester, Market and Union Streets. Right before entering Iowa City proper. The traffic is pretty heavy and very diverse on both the sidewalk and the street. A classic legendary musician and maybe myth saying welcome to Iowa City? John Northup PS: I will contribute and it might even increase property values in the area? 7/30/2010 3f 8 Marian Karr From: Stephanie Lane Sent: Tuesday, August 03, 2010 7:40 AM To: 'bigal46a@yahoo.com' Cc: Council; Rick Fosse; Bud Stockman; Sign Crew; Kathryn Johansen Subject: FW: City of Literature Mr. Stroh, I have alerted our Traffic Engineering Sign Crew of the needed correction to the Bowery /Van Buren street name sign. Thank you for bringing this oversight to our attention. The new sign will be ordered today, and the replacement should take place this week or next. If you have any questions or additional concerns, please contact me. Stephanie A. Lane Sr. Clerk P.W./Streets & Traffic Eng. Divisions 356-5181 From: AI Stroh [mailto:bigal46a@yahoo.com] Sent: Monday, August 02, 2010 8:20 AM To: Council Subject: City of Literature I have noticed that the city has installed a number of new street signs along Bowery -The new letters are upper and lower case, replacing old upper case signs. At the corner of Bowery and Van Buren, the street sign indicates Vari bUreri. Surely we should spell the names of past presidents correctly! Thanks Allen Stroh 3023 Cornell Iowa City 8/3/2010 . 3f 9 Mayor Hayek,and Council, 07\20\10 The officers ofAFSCME Counci161 Local 183 would like to take this opportunity to express our views and opinions concerning the selection of our new City Manager. We are confident that you will choose a highly qualified individual who will continue to keep Iowa City moving forward. We are proud of the contract we have now, and the working relationship we have with the Council and the current administration. Of the many qualities you consider when choosing the candidate for City Manager, we hope that a desire to make Iowa City a long term home will be high on your list. We feel that a leader whose future is invested in the community, will make decisions as a member of that community. Not as a temporary resident building a resume for future appointments. We hope the next City Manager looks on the Union, and the employees it represents, as partners in this operation. And not as enemies or opponents. A City Manager who recognizes that we ALL work for the people of Iowa City. The Council, the City Manager and his or her staff, and all the men and women, full-time, part-time, temporary, whose job it is to provide services to the people of Iowa City, are all on the same team. And every individuals' job is equally important to the operation of this city and the services we provide. When the next City Manager surveys the City's assets, we hope, he or she recognizes the City's most valuable asset as, the men and women whose work provide the goods and services to the people of Iowa City every day. Assets the City has spent millions of dollars on in training, wages and benefits. Many of whom have given decades of service to the people of Iowa City. These are the people who have seen Iowa City through floods, tornado's and storms,that have fell trees and buried us in snow and ice. We are the face of Iowa City. When the residents turn to the City for daily services and in times of emergencies, it is us they turn to. As President of AFSCME Local 183, I would like to thank all the Officers and Stewards who "volunteer" their time and efforts to represent the almost 400 employees under our contract. They work hard and they care. On their behalf, I would like to say that we are extremely proud of the work the employees here at the City do for the people of Iowa City! And we hope our next City Manager will appreciate and respect the employees as the City's number one asset. Thank you, Steven G. Miller\ President Local 183 Tern Byers\ Executive Vice President Chris Weinard\ Treasurer ~~~~.~~ JUL 3 0 2010 Ciiv Clerk Icwa City, irnti°a %O ' ~D ~~ 3f 10 THE LAW OFFICES OF LEFF LAW FIRM, L.L.P. CHARLES T. TRAW RANDALL B. WILLMAN STEVEN E. BALLARD MARK C. DANIELSON TIMOTHY S. GRADY THOMAS E. MAXWELL PATRICK J. FORD Mayor Matthew J. Hayek City of Iowa City Civic Center 410 East Washington Street Iowa City, Iowa 52240 Re: Kennedy-Hilgenberg Enterprises, Inc./ Wild Prairie Estates, Part Five Dear Matt: ARTHUR O. LEFF (1906-1989) PHILIP A. LEFF (Of Counsel) R. BRUCE HAUPERT (Of Counsel) Writer's email: tgrady@lefflaw.com AUG~~2010 Cily Clerk Ioc,~ Cir•, Io~,va This office represents Kennedy-Hilgenberg Enterprises, Inc., comprised of Richard "Dick" Kennedy and Jerry Hilgenberg. Kennedy- Hilgenberg Enterprises, Inc. was the subdivider of Wild Prairie Estates, a subdivision consisting of five parts located in western Iowa City off of Robert Road. We are writing to you at this time to request that the City of Iowa City reconsider its decision not to sign an Internal Revenue Service form confirming a gift transaction of land that the subdivider desires to make to the City of Iowa City as a part of Wild Prairie Estates, Part Five. Enclosed herewith is a copy of the final Estates, Part Five. The neighborhood open Part Five was 1.08 acres. Outlot C of dedicated by the subdivider in fulfillment Outlot C, consisting of 1.33 acres, mor neighborhood open space requirement. plat of Wild Prairie space requirement for that subdivision was of that requirement. s than satisfied the Initially, the subdivider had reserved Outlot B in Part Five, a 5.41-acre parcel, for future development. (See initial preliminary plat attached). However, Jerry Hilgenberg had been a member of the Parks and Recreation Commission and knew that there was an interest in creating open green space and recreational trails along the corridor running through the northerly portion of Wild Prairie Estates, Part Five. Therefore, early on in the subdivision process for Part Five, the subdivider decided to gift Outlot 5 to the City 222 SOUTH LINN STREET P.O. BOX 2447 IOWA CITY, IOWA 52244-2447 TELEPHONE: (319) 338-7551 FACSIMILE: (319) 338-6902 www.lefflaw.com August 2, 2010 Mayor Matthew J. Hayek Y. ~ s .(. T..~ l-"v Re: Wild Prairie Estates, Part Five t_`~~~;_' August 2, 2010 tt:o~ n.r+-,. Page 2 AUG ~ ~ '1.0111 lowu Ciu~, ~o~~aa and take it as a charitable deduction for income tax purposes. I have enclosed herewith letters from the subdivider's accountant, engineer and appraiser, as well as a letter from the subdivider, indicating that it was the subdivider's intent to gift Outlot B to the City as a part of the subdivision process for Part Five. Unfortunately, the way this gift was reflected in the subdivision documents was to indicate on the plat and, as a result, subsequently in the Subdivider's Agreement, that Outlot B would be dedicated to the City. The subdivider did not realize the subtle difference between a dedication and a gift and assumed that the dedication language was sufficient to articulate the subdivider's intent to make a gift. In reality, a dedication can arguably apply to a gift transfer as well as a transfer required to comply with applicable city ordinances. The subdivider has approached the City staff about signing the necessary Internal Revenue Service form confirming a gift transfer. However, in a nutshell, the city staff has declined to do so primarily because, according to them, there is nothing in their file indicating the subdivider's intent to make a gift to the City and that there is nothing in the plat or in the Subdivider's Agreement that would distinguish this dedication from previous dedications that have occurred in other subdivisions. It would be our assumption that the dedications in those other subdivisions were required to satisfy the neighborhood open space requirement or some other requirements, or if there was some overage dedicated beyond those requirements, it was of an insignificant amount. We have now hopefully provided you with the background and documentation to establish that it was always the subdivider's intent to make a gift of Outlot B to the City. By not recognizing the subdivider's gift, the City is, in effect, penalizing a responsible and conscientious developer for not understanding the legalistic difference between a dedication and a gift. This seems contrary to the City's policy of encouraging developers to create more open space for public use. We also recognize that Outlot B contains .storm water management and sanitary sewer easements. On the other hand, that outlot also contains areas suitable for single-family residential development. As Kyran Cook mentions in his letter which is enclosed, his appraised value of Outlot B took into account these two distinct Mayor Matthew J. Hayek Re: Wild Prairie Estates, Part Five August 2, 2010 Page 3 areas. If, in fact, the City has an interest in developing a corridor in this area for open green space and recreational trails, Outlot B, even with the aforementioned easements, still has value to the City. The Subdivider's Agreement for Wild Prairie Estates, Part Five, states that the developer will dedicate both Outlots B and C to the City in fulfillment of the neighborhood open space requirement. The transfer of both of these outlots was not a requirement of the City but it was the subdivider's choice to convey nearly 5'~ acres more to the City than was required under the neighborhood open space regulations. In light of this, and in light of the documentation that we have provided to you demonstrating that it was always the subdivider' s intent to donate Outlot B to the City, we hereby ask you to reconsider the City's previous position on this matter and sign the necessary Internal Revenue Service gift form upon the subdivider' s conveyance of Outlot B to the City. We see no reason why any amendment to the Subdivider's Agreement would be necessary. To deny the subdivider's request when no disadvantage to the city exists and where compliance with the subdivider' s request creates no loss or cost to the city sends the wrong message to all subdividers and developers. We would like an opportunity to meet with you to discuss this matter further once you have had an opportunity to review this information. We will follow up to determine when we might be able to get together. Sincerely yours, LEFF LAW FIRM, L.L.P. ~_ f /~ / ~, / r l U '~ Timothy S. Grady TSG:jo Enclosures { ~ ~-( c ~~ 3 _ __,__~r i ~~~~Sq~m Aur fl ~ zoo City Clcrk cc: Kennedy-Hilgenberg Enterprises, LLC !cwaCi(~,io,va /jo/TSG/corres (Hayek, Matt - ltr 7-26-10) KENNEDY-HILGENBERG ENTERPRISES, INC. 2027 Ridgeway Drive Iowa City, Iowa 52245 July 29, 2010 i Mayor Matthew J. Hayek AUG ©~ 2pi(3 CITY OF IOWA CITY City Clcsk Civic Center Ic~~_~ cir., 10,~~~ 410 East Washington Street Iowa City, Iowa 52240 Re: Wild Prairie Estates, Part Five, Outlots B and C Dear Mayor Hayek: We wish to bring to your attention a few points of information for you to have and- consider regarding the above referenced property. The main subjects are, (1) the satisfaction of the "Neighborhood Open Space Requirement" for this subdivision, "Outlot "C", and (2) the donation, gifting of Outlot "B" to the City of Iowa City in a manner which would qualify us for an IRS tax deduction. Item 1 - The original plan with the City and the engineers was that Outlot "C" would satisfy the "Neighborhood Open Space Requirement On a preliminary plat it shows our original intent, which has never changed to this date, of dedicating Outlot "C" to the City of Iowa City to satisfy our requirement of 1.08A for this subdivision. Outlot "C" is 1.33 A, therefore it more than satisfies the requirement. See attachment #9, plats. Item 2 - A preliminary plat shows our original intent that Outlot "B" was "Reserved For Future Development". After a meeting with our accountant and employing the services of a certified appraiser, to determine the value, we decided to make a charitable contribution of Outlot "B", approximately 5.41 A, to the City of Iowa City and receive an IRS tax deduction. See attachment #4, McGladrey and attachment #5, Cook appraisal. This decision was our choice and not a requirement by the City. However, somewhere, somehow Outlot "B" was added to the Neighborhood Open Space Requirement in fulfillment and in addition to the 1.33 A of Outlot "C", which already fulfilled the requirement. It was never brought to our attention that the City, using this procedure and terminology would prevent us from qualifying for our IRS tax deduction. If we would have known, or understood the consequences, we never would have signed the City-Subdivider Agreement as written. It is our opinion that the inclusion of Outlot "B" in the agreement is not required as stated and, therefore, is in error. Jerry was a member of the Iowa City Parks and Recreation Commission at a time when the Commission worked to acquire land in different areas, especially in new developments, to extend existing bicycle and walking paths in the City Parks. At the time we first started talking about donating/gifting Outlot "B" to the City, Jerry talked to Terry Trueblood about the possibility and he was very interested in the opportunity to extend the Hunter Run Park trails and paths through our development. Jerry also talked to Mr. Mike Moran in the past year and he also was very positive about extending the Parks. Mr. Moran told Jerry at that time the Parks and Recreation Commission had a foundation of its own and that may be a way to "gift" Outlot "B" to the Parks and Recreation Commission. Mr. Trueblood and Mr. Moran both felt Outlot "B" would be a valuable addition to the City of Iowa City. Jerry was on the staff of The University of Iowa Foundation for two years. During that time he participated in may fundraising activities and was very much aware of the benefits donors would receive for making gifts to a qualified institution. We see no reason why we would not, and should not, qualify for an IRS tax deduction and why the City would not encourage more people in Iowa City to do the same. We are not sure why we have this confusion and conflict at this time. It was our decision, our choice, after meeting with our accountant, to donate/gift Outlot "B" to the City. It was not a requirement; the requirement was satisfied with Outlot "C". We feel it was an oversight, maybe a convenience for someone to add it to the Neighborhood Open Space Dedication Requirement following our decision to donate/gift it to the City. Whatever the reason was, with the City's interpretation of the word "dedicate", we feel it is in error and open for further interpretation and discussion. The land does have a real monetary value as stated by the appraiser. See attachment #5, Cook Appraisal. We also feel it has great value to the City in extending the bicycle and walking paths and the parkways. We would like for the City of Iowa City to have Outlot "B", but do not feel we can donate/gift it without the benefit of the IRS tax deduction. We hope this will clarify our history and feelings concerning Outlot "B". Sincerely yours, KENNEDY-HILGENBERG ENTERPRISES, INC. By : ~- '~' 24 10 es R. Kennedy at By : f ~! ~ `~// ~ ry H'lgenb g /Date -;-, 4-,i ~ ~ y.-1 r t. !l'.os'a.rm . air ~ , ~o~~ c;ty ca~r~ Icwa Gr., lo~,va mah/TSG/Misc/Kennedy-Hilgenberg Ltr to City 0710 ,: i Pane 4 of 3~ ~ I Linn St. Iowa City, IA 52244-2.547, 319;33E-7551 prepared Hy: 9hilip A. Laff, 2 2 S. ~ teat at attt>t ttssssssttrtier:tttrattita. atttsetw+wtt swwwtrtt wtsttr w.s taste.+tt+wt++tttstt CITY-SUS*-1TVIDER A©REEMT+'NT FOR WILD BRAIRTE ESTATES, PART DOUR, "A RESUBDIVI820N OF LOT "A", WILD PRAIRIE ESTATES, PART.THREE" IOWA CITY, IOWA TH18 AGREEMENT made by and betweer_ Kennedy-Hilganberg Enterprises, Inc., the o~~mer and subdivider, hereinarter called the "Subdivider," ar_d the City of Iowa City, Iowa, a municipal corporation., hereinafter call®d the "City." W I 7.' N E S S E T H: aa!c'-'j'ION L . P t~BLTC SMPROVRMENTS, In consideration of the City approving the plat of subdivision known and designated as Wild Prairie Estates, Part Four, °A Resubdivisior_ of Lot "?~", Wild Prairie Estates, Part Three, Iowa City, Iowa, the Subdivider agrees, as a covenant runr_ing with the land that, except as provided in this Agreement, the City need not issue a building permit for any lot in the subdivision until the gtxeets ha5~a been paved with concrete at least 26 feet in vridth, and sanitary servers, stor*_n servers, water mains, drainageways a_*id the lines have been installed and accepted by the City, and subdivision erosion control measures have been installed, as recnlired by the Ciry under its ord;izances.(The streets, sev.'ers and mauls are hereinafter referred to as the "imp=ovemer_ts. ") C~~05~$ ~'L d~~l L ~ 1 0 /~ r' ((L~,4~~l D~J i S Lac' ~,rs /, ~. 4-r A ' .'-_.7 F_1 ~.~'F AIJG a ~ 2010 City Clerk. Tcwa C;t}, lo•,vx (Page 5 of 3~ Nothing in this Agreement shall be construed to impose a requirement on the City to ir_stall the original public improvem~hts a~ is-sue hErein. Nar shall the Subdivider be deemed acting as the City's agent during the original construction and installation of said public i_*nprovements. The parties agree that the obligation to install the public improvements herein shall be in accordance with City specifications, and _the obligation shall remain with the Subdivider and a lien on the various lots in the Subdivision until completion by the Subdivider, and until acceptance by the City, as by law pr©;tided. SECTION 2. 8T0 WATER MANAGEMENT ORDINANCE COMPLIANCE nth COVENANT. In consideration of the City approving the Subdivider's storm water management plan, the Subdivider agrees as a covenar_t x-ursiing with the land trot, except as provided ir_ this Agreement, the City need not issue a buildir_g permit for any lot in the subdivision until the storm water control f~oility, including the site vJOrk incident thereto, has been installed and released by the City. The storm water control facility in this subdivision will be constructed in the location shown an the *final plat 'of this subdivision and subject to t_ne glans and specifications approved by the City engineer. 'L~he Subdivider agrees that the duty to - mainta_ said facility shall remain on the prop°rty o~~mer and ar_y successor in interest ui11ASS and until It 1S d2d1Cdt2d t0 the Clty as provided for below, Said maintenar_ce shall be in compliance with the City's storm water ma-nagement ordinance. j ~-, ~l'.o.S-n-m~ cur ~~ ~o~t~ City Clerk news Ci;}~, lu•.va 'fie 6 of 35) Portions of this subdivision will be serJed by the storm water detention facility located ir_ this `subdivision, a portion by the axisting storm water detentior_ facility located on Outlot. B, Wild Prairia Estates, Part One, and parts of certair_ lots withir_ this subdivision will be serviced by both .said story. water detentior_ facilities. Specifically, the storm water deten~ion facility located ir_ part Four, will serve as the sole storm water detention facility for Lots 90 through and including 96, and Lots 101 through and including Lot 103. The existing storm water detention fatilit.y located on Outlot ~, Wild Prairie Estates, Part One, from this subdivision will service Lots 84, B5, 105 and 106. The remaining lots will be serviced in part by both said sto!'m water detention facilities. The parties acknowledge that the Subdivider intends to dedicate the storm~aater detection basin easement area in -the subdivision to the City for public use. The Subdivider understands that the City will not accept said dedication until such time as the T.+~provements and Facilities reciuired to be installed by Subdivider within the entire Wild Prairie Estates development by this Agreement and future agreements are installed ar_d accepted/released by the City, permanent ground cover in the stormwater detention basic. easement area is established a_nd movable, erosion and sedimentation are controlled withir_ the subdivision, and Subdivider has completed development o all ?a.:d within the entire Fiild Prairie Esta~es development. ~1u~~~Q 3 AUG ~ 5 X010 City Clerk ~c~~ra Cite, 1o~,va Pie 7 of 3~ If after City's. release/acceptance of the facility and improvements installed by the Subaivider, the stormwater detention basin easement area is dedicated to the City, the City -shell thereafter maintain said easement area. The maintenance shall include keeping the facility, including the control structure, free of debris. after acceptance by the City, Subdivider shall have r_o further obligation for maintenance of the stornwater detention basin easement area. If Subdivider does not dedicate to City the stormwater detentib*_'~ basin easeme_~t area, the Subdivider Jshall continue. to maintain said area. The maintenance. shall include keeping the facility, including the control structure, free of debris. 2;: not accepted by the City, the City shall have no obligation to maintain said area, including the facility. The Subdivider's obligation. nor ?maintenance of the area and facility may be transferred to a homeo-r+ners' association. SECTION 3. CONg'~'RIIGTION OS IMPROVEMENTS. The improvements and storm water control facilities shall be constructed and installed in accordance with plans ar_d SABCificat?02Z$ approved by the City Engineer of Towa City, who shall have the right to make occasior_al ir_spectior_s of the work in progress. Such inspections shall not relieve or release the. subdivider from the responsib?lity to construct the improvements and storm mater control facilities ir• accordance with the approved plans and specif_cations. Further, said inspections shall net 4 yll'•uS a•"m. AUG ~ 5 2~1Q city c~~~'~: ?cwa City, Iowa (Page 8 of 3~ create a duty or warranty on the part of the City that the construction of said improvements is in compliance with said plans and specification. GFC'TIQN 4. ~TDEWALSS. Subdivider agrees that, prior to the issuance of an occupancy permit for each lot within the subdivision, the subdivider SY±all install sidewalks abutting each lot, which sidewalks shall be at least four ic! feet .vide ar_d constructed according to plans ar_d specifications approved by the City Er_gir_eer. The sidewalks stall be installed in the subdivision covered by this Agreement as required by Sectior_ 14-1C-1, 2 and 3, and Section 14-7C-5, Iowa City Cade of Ordinances, and sr~.ll remain a lien on the lot until installed and released by the City d?ld th8 release duly recorded in the Joir_son County Recorder's Office. TION SUTLDTNG PERMIT AND ESCROW MONTS5. If the Subdivider should desire a building periilit foY any lbt is the subdivision before the improvements and storm water management facilities have been installed, the Subdivider shall deposit with the City's Finance Department in escrow an amount equal to the estimated cost of constructing the improvements and ~. storm water management facilities, plus ten (10! percent thereof, (such.. deposit shall hereir_after be referred to as "the improvements" escrow}. ~'he a~aunt of the escrow wrall be etermined by the City -ngineer. _, .{ ~ z_, ~__ .{ ~ .-i AUG 0 5 201(6 City Getk lc~:a c,iy~, iq,va ~?'B'~J.rl~`~ 5 (Pcge 9 of 3S~ In addition to the improvements escrow, if subdivision erosion. control measures have not beer_ installed, svitb grou,-td cover established by growth, to City ~Y rewire as a eq~tlition to the issuance of a building permit for construction wathin the subdivisior_, that the Subdivider deposit ir_ es.^,rocv with the City the sum of $2,000.00 (the "erosion cleanup escrow") to assure - reimbursement for the cost of cleaning public streets, storm savers, gutters or catch basins, which may be incurred by to City as a result of erosion, from -the subdivision. The Subdivider agr@es to accept respon~?bility for the cost eE the cleaning, ans~ to the extent that the Subdivider fails to accomplish erosion ~i~_ ~ ~~•? clea_*~up a=ten reasonable notice from the City, the City is hereby f l'• o$ <<• ~"~ - AUG ~ 5 ?_~1Q - authorized but not obligated.to do the work and to charge the cost Gitti~ Clerk to the erosion cleanup escrow, if adec_uate, and to charge any rc`vaCin, tu~,va excess cost to t're Subdivider. The unused balar_ce of the erosion cleanup escrow shall be returned to the ~ubdivid€r after erosion central neasures hive - been installed, and ground cover has been established by growth. If the escrow is insufficient to pay the costs incurred, the Subdivider shall promptly reimburse the City nor the excess costs incurred. After the improvements escro:v and erosion clean-up escrow have been .established, if the applicant is in compliance with all other applicable requirements. and 4rCti:~ar_ces of the City, the Building Inspector of the City is authorized to issue a building ~2rmit. ~~u~~~+~ 6 (P2ge 10 of 35) SECTION 6. OCCUPANCY PERMIT- Prior to the issuance of an occupancy permit for any building erected pursuant to Section 5, the City in its discretion may require the Subdivider to construct and install the improvements, side~:alks and storm water control facilities as required by this Agreement. E T5 C ION 7. V8E OF ESCROW MONIES FOR IMPROYEMENT3. If, after the issuance of a*~ occupancy permit, the i~,~rev~i;ants and storm water cor_trol facilities have not been cor_structed and installed, the City may use any funds deposited in the improvements escrow to construct and install the improvemer_Es and storm-water control facilities. Tf the cost of construction and installation of t're improvements and facilities exceeds the amount oz the escrow, the City shall have a lien and charge against all lots in the subdivision for the balance of the cost. 1'he City shall refur_d to the Subdivider any i_rtprovemments escrow monies not used for the construction and i'r_stallatior_ of the improvements and facilities. C~l~Tg©N 8. t4A2V I*" the Subdivider sells or conveys lots in the subdivision vrithout first constructing or installing the improvements or storm water control facilities, or if either the Subdivider or"the ok^_zex of any lot ir_ the subdivision fails to ,construct sidewalks as required ir_ Section 4, the City shall have the right to install and construct the irrprove_*nents, facilities or sidecvzlks. ~ C°~~J5~~4~ ;. _s 4. ,~ a h_~ r ~_ _~_ $__,N _a.~.. ~~ 11'.oS~.r~. AUG ~ 5 ?f~~E:P City Cie~k 6,~~a Circ, loses (P~e 11 of 35) Subdivider acknoutledges and agrees that all lots ir_ t?^_e subdivision are specially benefited by the improvements 'and facilities, so the cost of the installe.tion ar_d construction shell be a lien. ar_d charge against all o= the lots ir_ the subdivision. The cost of the improvements and. facilities need not meet the requirements of benefit or value as provided by the law of the State of Iowa for assessing such improvements. The cost of installing sidewalks shall be a lien a_,zd charge only against the lot or lots abutting or in front of which sidewalks are .installed. It is further provided that the r€quir€m€nt to construct the i_mprove_me_nts, facilities and sidewalks is and shall remain a lien. against the lots in the subdivision until properly released as hereinafter provided. The City agrees that when the improvements a_nd facilities have been installed as recsuired to the sari sfactior. of the City, it will, upon request, .promptly issue to the Subdivider, for r@cording in the Office aT the County Recorder of ~'ohnsor. County, Iowa, a good ar_d sufficient release o£ ail lots in the subdivision so that the obligations set .forth in this- Agreement will not constitute a cloud upon the title of the lots in the subdivision. A_ separate sidewalk lien release shall be issued where appropriate. ~&ECTTON 9. BTORM WATER CONTROL FACTLTTY RET,EASE. With respect to Subdivider's obligation to construct the Storm fnlacer Control Facility, the City agrees to provide a partial release for *_he develop.-rent from any liens or clouds on title to ~ ~`~~5f S AUG 0 ~ 2Q1Q Cite Cle:k Iov;u Cite, Iowa ;Pa3e 12 of 3~ the development by reason of such stone water management obligations-, provided the City Engineer certifies that the following conditions ~ndlor everts ave occurred, • ~: The facility has been substar_tiaeleas d leted on that portion of the development to be 8. An escrow .account has bee_~ established with the City in an amount rot less than $5,000.00 to ~r~hich the City's lien should attach immediately upon execution or recording oT the partial release. The City agrees to issue a total release for tha facility upor_ certification by the City Engineer, in i~~riting, that all of the following aver-ts and/or conditions have been satisfactorily completed: A. Permanent ground cover is established and moveable. B. Erosion and sedimentation are controlled in .conformance with the plans and specification. C. All land within the tributary area ir. the development has been developed.. D. The facility is complete, • The t+T~yor is hereby authorized to execute ail .releases provided for in this section, with the concurrence of the City Engineer and the City Attorney. SECTION 10. CONDITIONAL ZONING AGREEMENT. Subdivider acltno:vledges that it is bou~id by the terns a_~!d conditions contained in the Conditional Zoning Agree'nent dated June 8, 1993, and recorded in Book 1559, pages 103-112 of the records of the Johsison county Recorder's 0=*"ice. ~~v"J~~~ 9 11 ' oS R•m - AUG 0 5 20iQ City Clerk ;ewa Citg, ]o~~va ~/ ARTHUR O. LEFF (1906-1989) PHILIP A. LEFF R. BRUCE HAUPERT CHARLES T. TRAW RANDALL B. WILLMAN STEVEN E. BALLARD MARK C. DANIELSON MATTHEW J.ADAM LAW OFFICES OF LEFF, HAIIPEET, TRAw & WILLMAN, L.L.P. 222"SOUTH LINN STREET MAILING ADDRESS: P. D. BOX 2447 Iowa, Cirr, Iowa 5 2 2 44-2447 March 24, 2004 Mr. Mitchel T. Behr, Asst. City Atty. CITY ATTORNEY'S OFFICE 410 .East Washington Street Iowa City, Iowa 52240 Re: Wild Prairie Estates, Part Five Subdivision Documentation Dear Mitch: TELEPHONE: (319) 338-7551 FAX: (319) 336-6902 ll'.~sci.m . AUG 0 ."~ 2010 Ie~~a Ci:~', Iowa Attached are the following subdivision documents for Wild" Prairie Estates; Part Five for review and comment. I will stand by to receive any comments for changes. or additions to the documents. 1.. City-Subdivider Agreement 2. Underground Utility Easement Agreement 3. Sanitary Sewer Easement Agreement 4. Storm Water Management Agreement 5. Storm Sewer and Drainage Easement Agreement 6. Title Opinion 7. Certificate of County Treasurer 8. Dedication and Statement of Consent With regard to the City-Subdivider Agreement, please focus upon the language I have used in Section 2 regarding the storm water management ordinance compliance. It appears that a Storm Water" Management Easement was granted over Lot A in the final platting process for Wild Prairie Estates, Part Four. I believe that a Storm Water Control Facility including site work has, in fact, been substantially completed in this area. Further, review the provisions of Sections 3, 8, and 9 as they relate to the Storm Water Control Facility and.Easement to insure that the language is consistent: 9 ¢ ~Ttl t~;(~S G.YY\ AUG a 5 2QiG Mr. Mitchel T. Behr, Asst. City Atty. C:itvcac~r}; Re : Wild Prairie Estates, Part Five ~~;,ra c'i:~, Io;¢a March 24, 2004 Page Two Please confirm that my reference in Section 10 to the Conditional Zoning Agreement is current and correct. Further, please review Section Sewer Tap-on fee and water Subsection C of Section 13 is Wild. Prairie Estates, Part Four Prairie Estates, Part -Four Neighborhood Open Space. 13 to confirm the West Side Trunk main extension fee provisions. iri reference to a requirement of that 1:08 acres of Lot A from Wild be dedicated to the City as I look forward to receiving your comments so that we may place the subdivision documents in final form. Sincerely, MCD:dml Enclosures LEFF, HAUPERT, TRAW & WILLMAN, L.L.P. Mark C. Danielson cc: Mr. Robert Miklo - City Planning Mr. Jerry Hilgenberg - w/enclosures Mr. James R. Kennedy - w/enclosures dm1/MCD/Subd/WPrS/Behr,M-3/241trSubmitWPrS ~~~ Prepared By: Mark C. Danielson, 222 S. Linn St., Iowa City, IA 52244-2447;319/338-7551 CITY-SUBDIVIDER AGREEMENT 1_..I 9_ t +.. FOR ~ ~~'_.~~.'r',,.~ _~ WILD PRAIRIE ESTATES, PART FIVE, AUG ~ ~ 201Q "A RESUBDIVISION OF LOT "A" , Cary Clerk WILD PRAIRIE ~ ESTATES, PART FOUR" ~ tctva City, lava IOWA CITY, IOWA THIS AGREEMENT made by and between Kennedy-Hilgenberg Enterprises, Inc., the owner and subdivider, hereinafter called the "Subdivider," and the City of Iowa City, Iowa, a municipal corporation, hereinafter called the "City." W I T N E S S E T H: SECTION 1. PUBLIC IMPROVEMENTS. In consideration of the City approving the plat of subdivision known and designated as Wild Prairie Estates, Part Five, "A Resubdivision of Lot "A", Wild Prairie Estates, Part Four", Iowa City, Iowa, the Subdivider agrees, as a covenant running with the land that, except as provided in this Agreement, the. City need not issue a building permit for any lot in the subdivision until the streets have been paved with concrete at least 28 feet in width, and sanitary sewers, storm sewers, water mains, drainage ways, sidewalks adjacent to Outlots B and C pursuant to Section 5 herein, and the lines have been installed and accepted by the City, and subdivision erosion control measures have been installed, as required by the City under its ordinances.(The streets, sewers and mains are hereinafter referred to as the "improvements.") Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvements at issue herein. Nor shall the Subdivider be deemed acting as the City's agent during the original construction and installation of said public improvements. The parties agree that the obligation to install the public improvements herein shall be in accordance with City specifications, and the obligation shall remain with the Subdivider and alien on the various lots in the Subdivision until completion by the Subdivider, and until acceptance by the City_,,,,,as,_ ii..~ ~ ~ i J. _ _. by law provided. <<~~65 `t-^^ Aur ~~ za~a SECTION 2 . STORM WATER MANAGEMENT ORDINANCE COMPLIANCE . ~ ,City Clerk c ~ t Cir;, ic;va This subdivision will be served by the existing storm water control facility, which is located on Outlot B, Wild Prairie Estates, Part 5, Iowa City, Iowa, (formerly Lot A, Wild Prairie Estates, Part 4). No additional storm water control facilities for Wild Prairie Estates, Part 5 are required. The Subdivider agrees that the duty to maintain the Stormwater Control Facility located within Outlot B shall remain on the property owner and any successor in interest unless and until it is dedicated to the City as provided for herein. Said maintenance shall be in compliance with the City's Stormwater Management Ordinance. The parties acknowledge that the Subdivider intends to dedicate Outlot B and the Stormwater detention basin easement area therein in the subdivision to the City for public use as 2 {,~_ ,. _, _. • ~'~ `• os ~ ~ m . AUG ~ 5 ?_010 City Clerk • rOtV~l (,IkV, 1(?W'3 hereinafter provided. The Subdivider understands that the City will not accept said dedication until such time as the improvements and facilities required to be installed by the Subdivider within the entire Wild Prairie Estates Development by this agreement and future agreements are installed and accepted/released by the City, permanent ground cover in the stormwater detention basin easement area is established and moveable, erosion and sedimentation are controlled within the subdivision, and Subdivider has completed development of all land within the entire Wild Prairie Estates Development. If after City's release/acceptance of the facility and improvements installed by the Subdivider, the stormwater detention basin easement area is dedicated to the City, the City shall thereafter maintain said easement area. The maintenance shall include keeping the facility, including the control structure, free of debris. After acceptance by the City, Subdivider shall have no further obligation for maintenance of the stormwater detention, basin easement area. If Subdivider does not dedicate to City the stormwater detention basin easement area, the Subdivider shall continue to maintain said area. The maintenance shall include keeping the facility, including the control structure, free of debris. If not accepted by the City, the City shall have no obligation to maintain said area,. including the facility. The Subdivider's obligation for 3 maintenance of the area and facility may be transferred to a homeowner association.. SECTION 3. CONSTRUCTION OF IMPROVEMENTS. The improvements shall be constructed and installed in accordance with plans and specifications approved by the City Engineer of Iowa City, who shall have the right to make occasional inspections of the work in progress. Such inspections shall not relieve or release the Subdivider from the responsibility to construct the improvements in accordance with the approved plans and specifications. Further, said inspections shall not create a duty or warranty on the part of the City that the construction of said improvements is in compliance with said plans and specifications . 1 ~ ~.os n. r~1. aus ~~ 2a~a SECTION 4 . SIDEWALKS . c:fry cae:k Icti~~a Ci'y, lo~„a Subdivider agrees that, prior to the issuance of an occupancy permit for each lot within the subdivision, the subdivider shall install sidewalks abutting each lot, which .sidewalks shall be at least four (4) feet wide and constructed according to plans and specifications approved by the City Engineer. Subdivider also agrees to install sidewalks abutting Outlots B and C adjacent to Wild Prairie Drive when said street is paved. Said sidewalk shall be at least 4 .feet in width according to specifications approved by the City Engineer. 4 The sidewalks shall be installed in the subdivision covered by this Agreement as required by Section 14-1C-1, 2 and 3, and Section 14-7C-5, Iowa City Code of Ordinances, and shall remain a lien on the lot until installed and released by the City and the release _,-, x-' '' duly recorded in the Johnson County Recorder's Office. lt~os-ci m AIJG ~5 7_QlQ SECTION 5. BUILDING PERMIT AND ESCROW MONIES. CilYLUrk iclva City, lo•wa If the Subdivider should desire a building permit for any lot in the subdivision before the improvements have been installed, the Subdivider shall deposit with the City's Finance Department in escrow an amount equal to the estimated cost of constructing the improvements and storm water management facilities, plus ten (10) percent thereof (such deposit shall hereinafter be referred to as "the improvements" escrow). The amount of the escrow shall be determined by the City Engineer. In addition to the improvements escrow, if subdivision erosion control measures have not .been installed, with ground cover established by growth, the City may require as a condition to the issuance of a building permit for construction within the subdivision, that the Subdivider deposit in escrow with the City the sum of $2,000.00 (the "erosion cleanup escrow") to assure reimbursement for the cost of cleaning public streets, storm sewers, gutters or catch basins, which may be incurred by the City as a result of erosion from the subdivision. The Subdivider agrees to accept responsibility for the cost of the cleaning, and to the .extent that the Subdivider fails to accomplish erosion cleanup after reasonable notice from the City, the City is hereby 5 AUGi~! 5 ~010M . Pity Cleri; `o~,va ('i[~~, Icva authorized but not obligated to do the work and to charge the .cost to the erosion cleanup escrow, if adequate, and to charge any. excess cost to the Subdivider. The unused balance of the erosion cleanup escrow shall be returned to the Subdivider after erosion control measures have been installed, and ground cover has been established by growth. If the escrow is insufficient to pay the costs incurred, the Subdivider shall promptly reimburse the City for the excess costs incurred. After the improvements escrow and erosion clean-up escrow have been established, if the applicant is in compliance with all other applicable requirements and ordinances of the City, the Building Inspector of the City is authorized to issue a building permit. SECTION 6. OCCUPANCY PERMIT. Prior to the issuance of occupancy permit for any building erected pursuant to Section 5, the City in its discretion may require the Subdivider to construct and install the improvements and sidewalks as required by this Agreement. SECTION 7. USE OF ESCROW MONIES FOR IMPROVEMENTS. If, after the issuance of an occupancy permit, the improvements have not been constructed and installed, the City may use any funds deposited in the improvements escrow to construct and install the improvements. If the cost of construction and installation of the improvements exceeds the amount of the escrow, the City shall have a lien and charge against all lots in the subdivision for-the balance of the cost. 6 The City shall refund to the Subdivider any improvements escrow monies not used for the construction and installation of the improvements and facilities. ,____.. auG ~~ ~o~a SECTION 8. WAIVER. - City Clcrk ~cwti Ci~y, io~tia If the Subdivider sells or conveys lots in the subdivision without first constructing or installing the improvements, or if either the Subdivider or the owner of any lot in the subdivision fails to construct sidewalks as required in Section 5, the City shall have the right to install and construct the improvements or sidewalks. Subdivider acknowledges and agrees that all lots in the subdivision are specially benefited by the improvements, so the cost of the installation and construction shall be a lien and charge against all of the lots in the subdivision. The cost of the improvements need not meet the requirements of benefit or value as provided by the law of the State of Iowa for assessing such improvements. The cost of installing sidewalks shall be a lien and charge only against the lot or lots abutting or in front of which sidewalks are installed. It is further provided that the requirement to construct the improvements, facilities and sidewalks is and shall remain a lien against the lots in the subdivision until properly released as hereinafter provided. The City agrees that when the improvements and facilities have been instal-led as required to the satisfaction of the City, it will, upon request, promptly issue to the Subdivider, for recording in the Office of the County Recorder of Johnson County, Iowa, a 7 good. and sufficient release of all lots in the subdivision so that the obligations set forth in this Agreement will not constitute a cloud upon the title of the lots in the subdivision. A separate sidewalk lien release shall be issued where appropriate. au~ o ~ ~a~ci SECTION 9 . CONDITIONAL ZONING AGREEMENT . City Clerk Iowa Cin~, kr,va Subdivider acknowledges that it is bound by the terms and conditions contained in the Conditional Zoning Agreement dated June 8, 1993, and recorded in Book 1559, pages 103-112 of the records of the Johnson county Recorder's Office. SECTION 10. STREET MAINTENANCE. The Subdivider acknowledges that public services, including but not limited to street maintenance, traffic control, snow removal, and rubbish and garbage collection, will not be extended to the subdivision until the pavement is installed and accepted by the City. SECTION 11. OUTLOT A. Outlot A as shown on the final plat is reserved for and will be utilized for future development by the Subdivider herein or its assignees, transferees or successor in interest. SECTION 12. MISCELLANEOUS. A. Water Main Extension Fee: The City shall not issue a building permit for any lot in the subdivision until such time as the Subdivider has paid a water main extension fee in the amount of $9,294.35 ($395.00/acre x 23.53 acres) for the 23.53 acres being platted as numbered lots 8 within the development; and the tap-on fee for the remaining 2.26 acres contained in Outlot A shall be paid upon further development and/or platting of Outlot A to City pursuant to the applicable provisions of the Iowa City Code. B. Neighborhood Open Space Dedication Requirement: Outlot "B" and Outlot "C" are to be dedicated to the City of Iowa City in fulfillment of the 1.08 .acre Neighborhood Open Space Dedication Requirement imposed upon Lot A of Wild Prairie Estates, Part Four, per Section XII of the City-Subdivider Agreement for that subdivision. SECT20N 13_ SUCCESSORS AND ASSIGNS_ This Agreement shall be binding upon, and shall inure to the benefit of the parties hereto and their successors and assigns. DATED this ~4 day of ~}~~ , 2004, at Iowa City, Iowa. ?~ t~ .- ~~ AUG ~ ~ 2010 CITY OF IOWA .CITY, IOWA BY: rnest W. Lehman, MAYOR ATTEST : `~~~,~~ ~ ,,~,,i,,7 °ian K. Karr, City Clerk KENNEDY-HILGENBERG City Clcrk ENTERPRISES, INC . 'o~,va Cuy, Inwa BY: U James R. Kenned , President BY: rry Hilg erg, Secretary - CITY - - SUBDIVIDER - 9 RSM McGladrey, Inc. 125 S Dubuque St Ste 400 ;! Iowa City, IA 52240-4077 O 319.354.1500 F 319.351.0109 1~ /I C (~ I ~ ~ r~y www.mcgladrey.com June 22, 2010 -.'~ ~_' ~. a _~...~ Eleanor Dilkes `l ' ° S ~' ' 'Y' ' city Attorney AUG 0 5 2010 410 E Washington Street c~ly Clcrk Iowa City, IA 52240 oc;a c;i~~, to~ya RE: Non-cash Charitable Contribution Outlot B, Part V, Wild Prairie Estates I am writing this letter at the request of Kennedy Hilgenberg, Inc to summarize the various consultations and meetings I've had with them relative to the disposition of Outlot B in Part V of Wild Prairie Estates. My records indicate that we had various discussions relative to the disposition of Outlot B and discussed the following options that we determined were available to them: a. Develop and sell Outlot B b. Sell and let buyer develop Outlot B c. Make a charitable contribution of Outlot B to the City of Iowa City After reviewing those options, we discussed the various tax and cash flow consequences of each and narrowed our discussions to items (a) and (c) above. I then prepared tax planning projections based upon various assumptions provided me comparing the cash flow and tax benefits of both options. We also met at various times subsequent to our initial meetings and it became apparent that the option of choice was making the charitable contribution of Outlot B to the City of Iowa City. At this point, our meetings and discussions revolved around the necessary requirements that would need to be met in order to secure the charitable contribution deduction, one of which was the need for an independent appraisal. We also discussed how the appraisal needed to be prepared within a certain number of days from the actual date of the gift. It was my understanding that when you scheduled the appraisal, that the plans were now in place to make the non-cash charitable contribution of Outlot B to the City of Iowa City within the required number of days. I hope this adequately summarizes our discussions surrounding Outlot B. Please let me know if I can be of further assistance. Sincerely, RSM McGladrey, Inc. ~~ ~'L~L~.r Marty Tunning, Managing Director Cc: Dale Helling Mayor Matt Hayek McGladrey is the brand under which RSM McGladrey, Inc. and McGladrey & Pullen, LLP serve clients' business needs. Member of RSM International network, a network of The two firms operate as separate legal entities in an alternative practice structure. independent accounting, tax and consulting firms. .~~ ~~~ .} ,~, _n . z-; ~ ,. _r ~,~_~~_:: 1t~ ~os ~~.~. AUG ~ ~ 2Q1f~ June 15, 2010 City Cic:k cvra Gir,. Io,v,i Eleanor Dilkes, City Attorney Dale Helling, City Manager Matt Hayek, Mayor cc: Kennedy Hilgenberg Enterprises 2027 Ridgeway Drive. Iowa City, Iowa 52245 Subject: Note of Clarification regarding appraisal of approximately 5.41 acres of primarily floodway/floodplain land located in Wild Prairie Estates Part Five Outlot B on Wild Prairie Drive in Iowa City, Iowa Dear Mr. Hayek: At the request of Dr. Kennedy I have been asked to clarify the purpose of an appraisal my office completed October 21, 2008 regarding the property noted above. The purpose of the inspection and appraisal was to estimate the market value of the fee simple interest in the above referenced property as of the inspection date. The intended use of the appraisal was to establish a value for a donation purposes to meet the IRS requirements for a Noncash Charitable Contribution. The value opinions reported are qualified by certain definitions, limiting conditions and certifications that set forth in the body of the report. This report was prepared for Kennedy Hilgenberg Enterprises and our professional fee billed to the company. It was intended for use by the developers and those parties reasonably involved in the transaction including the representatives of Iowa City and the IRS. The property was divided into two distinct areas based on their highest and best use: an area suitable for single-family residential development (approximately 25,000 square feet,) and an area only suitable for open green space (approximately 4.85 acres). This may include recreational trails and picnic areas. As a result of our analysis, we have formed an opinion that the market value of the fee simple interest (as defined in the report), subject to the defmitions, certifications, and Assumptions and Limiting Conditions set forth in the attached report, including the Hazardous Material disclaimer, as of October 21, 2008 is as follows: One Hundred Eighteen Thousand Dollars $118,000 Respectfully, Cook Appraisal, LLC Kyran J. Cook, MAI ,~ ~~ M M1VIS CONSULTANTS, INC. M IOWA CITY IOWA I CEDAR RAPIDS IOWA OFFICE: 319-841-5188 OFFICE: 319-351-8282 Your Vision + Our Innovation =Inspired Results June 11, 2010 Project # 3376-012 " r ~ Mayor Matt Hayek ` ~ ~.~~ ~ ~~~.~~_ m City of Iowa City 1 l ~ °s ~`' "^ 410 East Washington Street ~,UG 0 ~ 2010 Iowa City, IA 52240 c~:, ~:~!~:~: le.~.~, C_`it~~, lo`,va Dear Mr. Hayek: Re: Wild Prairie Estates, Part Five Kennedy Hilgenberg Enterprises asked us to write this letter to you regarding their intention for Outlot B when this subdivision was final platted. On the original final plat dated March 22, 2004 Outlot B was identified as "reserved for future development". This was because it was their a intention to be able to give this property to the city as a gift so they could receive a tax write off. d On the recorded final plat with a revision date of May 4, 2004 Outlot B is identified as "to be a dedicated to the City of Iowa City". It was the developer's understanding that this would still ~ allow them to give this to the city and receive a tax write off. They have asked the city attorney to sign an IRS tax form that shows this property as a gift. The attorney would not sign the form because she said that to dedicate means to give without receiving compensation. Would you r please let us know if there is anything that can be done so Kennedy Hilgenberg Enterprises can z receive the tax write off? d a We would like to point out that Kennedy Hilgenberg Enterprises has meet the open space dedication requirement for this subdivision with the dedication of Outlot C therefore Outlot B is x in addition to the required open space. :~ m ~ Sincerely, MMS CONSULTANTS, INC. ~~%`~ Ronal L. Amelon Glen D. Meisner cc Eleanor M Dilkes, City Attorney Dale Helling, Interim City Manager 1917 S. GILBERT ST. • IOWA CITY • IOWA 52240 WEBSITE: WWW.MMSCONSULTANTS.NET EMAIL: MMS@MMSCONSULTANTS.NET ~/I ARTHUR O. LEFF (1906-1989) PHILIP A. LEFF (of Counsel) R. BRUCE HAUPERT CHARLES T. TRAW RANDALL B. WILLMAN STEVEN E. BALLARD MARK C. DANIELSON TIMOTHY S. GRADY THOMAS E. MAXWELL PATRICK J. FORD LEFF LAW FIRM, L.L.P. 222 SOUTH LINN STREET Mailing Address: P.O. BOX 2447 IOWA CTI'Y, IOWA 52244-2447 TELEPHONE: (319)338-7551 FACSIMILE: (319)338-6902 writer's a-mail: tgrady@lefflaw.com November 6, 2009 ~ r-~ ~~ ~5 G m . AUG 0 ~ 010 Ms. Eleanor M. Dilkes c;~yr~i--~~ Iowa City Attorney io.~a ~~'~`' 1o'v'~ 410 East Washington Street Iowa City, Iowa 52240 Re: Wild Prairie Estates - Part Five Dear Eleanor: As your files in connection with this subdivision should indicate, Kennedy-Hilgenberg Enterprises, Inc. requested that the city execute an Internal Revenue Service form acknowledging the gift to the city by that entity of what is designated as Outlot B in above- referred to subdivision. The city has declined to execute this form on the basis that the City-Subdivider Agreement provides that Outlots B and C would be dedicated to the city and the developers were, therefore, obligated to execute a deed transferring both of those outlots to the city. Outlot C was dedicated by the subdivider in fulfillment. of the neighborhood open space requirement, the fulfillment of which required 1.08 acres to be dedicated to the city. Outlot C was, in fact, more than 1.08 acres and, therefore, not only satisfied the open space requirement but conveyed an additional amount of land for the open space usage. The developers indicated to the city staff in the early subdivision process that they were prepared to gift to the city Outlot B and not reserve it for future development. Note that the. initial draft of the subdivision plat, a copy of which is enclosed, showed that Outlot B was reserved for future subdivision usage. When the Ms. Eleanor M. Dilkes Re: Wild Prairie Estates - Part Five November 6, 2009 Page Two ~.~~ ~~~ Aug fl~ zo~a ~:_r~ c~~rk iU'Pi3 i;!iV, 10'4'3 developers expressed their intention to convey Outlot B by gift and would be satisfied with the ability to declare it as a charitable deduction on their appropriate income tax return, a statement was then added to the City-Subdivider Agreement that Outlot B also would be dedicated to the city. The developers assumed that this addition to the dedication clause in the City-Subdivider Agreement was consistent with their express intent to convey Outlot B to the city as a gift. Without the city's .execution of the Internal Revenue Service form confirming the gift transfer, the proposed charitable deduction is unavailable. The subdivider has asked the city to either execute the form for the Internal Revenue Service without the necessity of modification of the City-Subdivider Agreement; or if the city believed that an amendment to the City-Subdivider Agreement to remove Outlot B was necessary, that the city proceed to do so and when that process, was completed to then execute the Internal Revenue Service form. In the last 30 days the city has declined to do this according to recent communications from Assistant City Attorney Sara Hektoen directly with Dr. Kennedy. We submit that granting the subdivider's request will not in any manner affect the conveyance of Outlot B to the city. The only inconvenience is to amend the City-Subdivider Agreement in the manner set forth above. I am sure that the city's records will indicate that Kennedy-Hilgenberg Enterprises, Inc. has been an excellent and cooperative subdivider and has promptly complied with all of its obligations for each of its subdivisions as required by the City-Subdivider Agreements. It seems to me that honoring the subdivider's request now is a matter that reflects the' city's positive attitude toward subdividers in our community. To deny the subdivider's request here sends a message to other subdividers that the city will, not be cooperative or reasonable in meeting subdividers' requests that in no way impair ox lessen the expected benefit from that particular subdivision. We, therefore,.ask that you reconsider your position on this matter end recommend to the appropriate city officials that the city either sign the Internal Revenue Service gift- form without changing the subject subdivider agreement, or make the necessary changes by amendment thereto. In either case, there will be no disadvantage to the city in doing so.. It is difficult to imagine that any citizen would find fault with the city for complying with this request. Ms . Eleanor M. Dilkes `~ ~ ~~"-~~ Re : Wild Prairie Estates - Part Five \ ~ ~' bS ~ ~ rn ' AUG ~ 5 ~01U November 6, 2009 Page Three ~ ~'~`' ~)~`~' ic;~a Ci!y~, Iowa I know you will give this matter your careful consideration and I look forward to your response. Sincerely yours, LEFF LAW FIRM, L.L.P. Timothy S. Grady Enclosure cc: Dale Helling, City Manager Sara Hektoen, Assistant City Attorney /jo/TSG/corres(Dilkes, Eleanor - Wild Prairie Estates 11-3-09):mah ~~ (_~ November`18, 2009 Timothy S. Grady Leff Law Firm LLP 222 South Linn Street PO Box 2447 Iowa City, IA 52244 Re: Wild Prairie Estates -Part 5 Dear Tim, NOU ~~ ~ ?u~9 ~~? ;N-. \' OS ci. rn . AUGfl5Z010 City (:le:k IOAYa CII4, 7UWd ~,! r - ~ ~'''"-~'rrr®~~~ ~~~.- CITY OF IOWA CITY City Attorney's Office 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5030 (3191 356-5008 FAX www.icgov.org Your letter of November 6, 2009 requests that I reconsider City staff's decision not to treat the dedication of Outlot B as a donation to the City. After a review of the file I decline to advise as you have requested. My reasons are as follows: 1. There is nothing in the file to indicate the parties' intention that Outlot "B" was being donated to the City. 2. There is nothing on the plat or in the Subdivider's Agreement that would distinguish this dedication from the dedications that have occurred on numerous other plats. 3. The storm water control facility is located on Outlot "B". The subdivider's agreement provides that after acceptance of Outlot B by the City the subdivider shall have no further maintenance obligation. If the subdivider choses not to dedicate Outlot B to the City the subdivider ,and subsequently the homeowner's association, will be responsible for maintenance. 4. The stormwater management and sanitary sewer easements significantly encumber this lot to the benefit of the subdivision. 5. Recent caselaw raises concerns about the replatting of areas that have been dedicated to public use. See Middle Road Developers L C. v. Windmiller Design and Development Co., 746 N.W. 2d 279 (Iowa App. 2008). In addition, given that Outlot B is necessary for storm water detention, replatting to remove the dedication would be contrary to the needs of the subdivision. The dedication of this outlot was done as part of, and because of, the subdivision proceedings. The outlot has no independent value to the City. While I take seriously any assertion that the City has failed to be reasonable and cooperative in its dealings with subdividers, I do not find that to be the case here. Please give me a call if you'd like to discuss this matter ftarther. V ry truly. yours, Eleanor M. Dilkes . Cc: Dale Helling, Interim City Manager Sara Greenwood Hektoen, Assistant City Attorney ~~ ~ ><- ~, ,~ PREPARED 8Y: M NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 18-T79N-R6W 3 ~ OF THE FlFTH P,I.I. °r u FND. 1/2" PIN ®SURFACE ~~ o° BOOK 35 AT PAGE 232 S n N //I 1 ~" i ~lld P 1 "A Resubc LINE SEGMENT TABLE LINE 'LENGTH BEARING L1 6.04 515'54'09"E L2 6.04 S15'S4'09"E L3 37.17 547'41'22"E L4 17.80 554'03'39"W L5 8.77 984'07'19"E _ ~ ~ ` _ - L6 6.04 N15'S4 09 W 589'07'58'E 1536.20' ~ /- - `- - ° 105&70 ~ En51WGSTw+MwA1En // ~------- .~ ~~.~ - /jn~ \ MAN EASEMENT / / ~R~ _ _ ~ ~ _ _ . \ ~-- - / / / / ^ \ Ol.1TLOT ~ V ~ O `~~ ~ ~GrsnN`ao.o: snpnury ~ L - - - / \ 235.621 SF `~ n ~ ~ / / / \ \ RE9ERVE0 FOR FUTURE DEVELOPMENT GG/1\\\ (\U/%n / \l O / 'L~ 55~ '~&' .T~p, \ EwrnNC slortuwAlEx V~ O~ ~~ .•11 ~ F \ MANAGEIIEN/ EASEMENT - .~ ~ p ~ ~~ GEMENro°~: 133 ;s~, 4~" \\\ ~ o, . a iAOy~j / ,~~ ~\ \ ~ 2.301 SF .~/ /, 4T7j, ~Q ~O p e"'srne~"`x u ~I ~~ \\ ~.~ Win/ ; ~ ~~~~ \ ~,~~~yl __ - _12s.w_ ~s o` 3 ~ WI `;~ ~- -''~ 134' _ q ~1;~.9~ F+z ~ ~~ I WI 132 ~ ~ ~ 20;309 SF ~±1 ..a 2 W 3 h i ~i 27.461 SF 033 / ADO 1 038 ~ r1 Y-0+{'d"61\b y 138 s.~ n ° N~,N 139 140 m ~ ~ ~ 4 14,749 SF = 18,749 51 I gI ~ o ~ ~ sa9rofi'1e"e 156.7e' o ~ lsaoa sF c4s 102fiY 56.09' ~77.85~ I m 589ro6'18"E 211.81' ~ n o 137 ~ f ~" - 140. I o ,48.64• 032 (~ 037 L y ~ - - - ,-D1.74•- ~,^o ~I SC 0' w 13.892 SF ~~ y~~ 131 I~ W, W °I 135 ~ g 136 P~ C42 / Oi9 _ N84UY7 1 /1 O ~ I {. n Z n I 15.699 5F o ~ 12.214 SF ~j ~ _`~ - _ ~ 161.8: `{J `b ~. 13,808 SF ~n m z ~`v •g $ ~ c3s coo ~ ~ 95 ~ -~ ao nasy_ i 21,888 SF ~ 030 C3 ~ ~ _ _ - _ / HJ?y I I ~ J 104.00' 4234' ! PP / / 0117 I I NOPTHWEST CORNER "el. '^PJ~?Y I I / / 15.00 O N89ro6'78"W 0~0 ~~\` G / 111 I Fm M' 11 _ ~, 11 -souTH~,~sTMOUARrR -.. 'c - L,-~ ,ti:-:~.~ ~ ~ s0oo'___iNm41.34J - ePP s- sc-s I~`~ 17.~;zs OF 9ECTIUN 18-T79N R6W //~+.+q ~( ~\ / / < ~ ~ 012 ~ `3 • '.: .F I I'~ C OF THE FlFTH P.M. ~L.9 I- I, o°T/ / _ _-11100 - n _ ~ ~F 3'~p, J FOUND S.C.M. 17.434 SF 028 6 /0.00 ; 022 ~' _ C,4 Ci3 ~ /~ ~'P- F pA/ /~M' BOOK 42, PAGE 154 ~ o•~ - r i n o 11'/ o• .,~ N225 N7 ~ ~ / CI3 ~ `~;0 I I N ~ L A/ h' B507W n ; 3fiy2•W , o ~0 119 113 ~ ~ 23,336 SF , ,~' , 38.38' 120 ' ^yl 14,178 SF ~ I ~ 5 0. ~5 14.818 SF ~ 1~ g~ ~ 027 ~ 10.835 SF I h / 9roe'18"E 587'48'46'W .~. - - - - r (~_y_ _ - - ~~' -- -IF~ I - - ~~~ - - _ -1327$ _ - N86355YE - - - - - -~-~/Q~ ~ - _ _ - ~1 _ L"~ I n- =11.857 SF- ~F I - 'OZk- _ _ - _ - ~ -138.11- -- - i - - -/ , ~ g~ I N89'OBYB"W , mI 121 g- 118 ~ I o~ . = ~. o~/~- ~~ O O I 730.' I I I m Z aI 11,112 SF ~ f 12,065 SF ~ Z fi 114 - °' / ,g56s ~/ ' I io I ~ I N I Q 589'O6'18'E ~.,8 ~ I 13.518 SF ~0. y1 , (~ I I= I ~ ~ I 134.00' a ~jK411.53' ~ G , ~ 3a'E sb~~ / / I ~ 12~ ~ J 11,017 SF (f~ ~~ Q I --__--__-~I ~ ~ $; 122 ~n~ 117 019 ~ ~ ,NBa~~ 1 m N ,,,122 SF om m ~i1 w, 0 130.00' N89V6'18"W~ ~ I ~ 12.816 SF 1 1 ~_ ~O / a/ I. I I a n 589V6'16'E 115 ~ j ~/ ~,~ R I°' ~I 126 YII to ~ 134.00' „ ~e~'~ ~ 7 $ /- ~ ,~ I cj m l 11,017 SF I I I z I Q o I t°~ 1~' 1 ~1 ~ 15,023 SF m / / , /~/~_~~ SS~' _~_/ I~ N69v6'16"w ~I I I~ ril 123 ..`L` .~ y/'1~CBJ~ ~; 1 i~~ / •y~lJrJ tC u~ NJU IN I 130.00' n I ISU ~ yI 75.56'.572 `•i S~,NgG~ y~r. J~ 11 V 1 b 1~g623 W ~~ ~f~~D pG°~~ / ~ ~ o I 2 58' ~ •Q 14,155 SF 5 7" / IN AGGGF Q ^ 125 ~ , N 9'06'18"W ~/~ o~ ~ 574' 5 ~ / \ \ vn o m I 11,039 SF Q I /1 lU1 ~ I~ ~ 5845Y30'W- I 1500'27.58'W ~/ a90'OSL'00" i 574' S 1" R=26.00' _ -/ - -131.94._ - / 50.00' ,~~ ~ \ O _~-, ~' ~29~3'19" / - L=31.41 1 ~ O~ / / I 1 \ R=220.15'cjJ~ \' / ~ ' d~90'0 00" T=20.00' lJO / I ~s L=nz.z6' !1 ~" c=za.za' ~ ~ ~~ / I /~ x9'02'57" R=20.00' T=57.39' / L=31.42' CB=N60'S4'09" ~ ~ ~' ' 124 ~ ~ R=480.00' S74'OS'51"W \ ~~ I ~. C=111.07 _ / L=75.81' 18.32' T=20.00' 00 00 ~ ~\ d I m l C8=S13'42'S7"E C=28.28' 2 ~~~1 g6 I ' I 18,013 SF \ ~ ~ / / /T=37.96'/ t" ~ O~ tt-- \`'"// C=75.73' CB=529V5'S'I'W ~ \ Q ~ I I ,~~ O6 ,3.11 ~ C/B=569'34'22"W (OO~ nn ~ ~ ~ ~ //7~//~~ ` ~' ~ \ / ~jJ~j Uhl ~ ~j ~~ I ~~ I ~ ~ ~1~3 ~ / / Uhl ` `\ ~~ aN oo ~ o ~ op~oT (LI~ no2 ~~ ~ ~~ ~~ M'In ~[~D pG,i~Q~G30C~ C~~G~~ ~pQG3~'G;iQC~C (~ g~ I ~ w uca+anrre wRN Tr1e Fur 1rrFecr RPLGiEGEO IN Fur 4I o O / I ~ ~r F~ naa c~ Tle ~~s .x me ,mnsaN ~~Rectlzct\s a~lc~ \ SOUTHWEST CORNER OF THE Cf111THWFST OIIARTFR ,~ 1.1 os ~ ~ Al) G ~9 5 20 ~GI c~(y ct~rr ib1Y~ hil}', IOW3 INC. - 1917 S. GILBERT STREET -IOWA CITY, IOWA, 52240 - (319)351- rfinal Plat ~ ' .rie Estates, Part Five In of Lot "A", Wild Prairie Estates, Part Fo~r'~ = ,' + ~'~' ~ Iowa City, Iowa ~~',os ~ ~ "^ ~ ~. ~uG ~ ~ 7.aia EPARED BY : OWNER/SUBDIVIDER OWNER"S ATTORNEY iULTANTS INC. I~NNEDY-DILGENBERG PHII.IP A I.EF'F CII GILBERT ST. ENTERPRISES 222 S. IJNN STREET ", IOWA, 52240 1611 DUBUQUE ROAD IOWA CITY, IOWA 52240 IOWA CITY, IOWA 52240 I -....... ~ I I= ~.I ~ ~ I~ I -- y'~>~~ OUTLOT ~ A ~ ; d ' N / - - - 98.244 SF - I ` _ _ RESERVED FOR FUTURE DEVELOPMENT i ~ I~ ~/ a 3+ - - STNa I R I :48 / ~e 58D23'40'E - ~- ~o.o; s%wtlR _ I I 137.43' Y sESV, [ '2 '/ ~ ~ as~cy~ - - - 'ur"rwr . - - - i 3 I i f i EuSRNa 20.x' 6TaRM - -$89'4'. ~ sn1eR Taswwr 242 OUTLOT ~ C 57.742 SF ~ TO BE DEDICATED TO THE CITY OF IOWA LITY 1~8 n: ~~ /, P 12,000 SF ~ ,K \\\\ q~ ~4D5~ rn off \\ \ r ~~^jV~ "~. ~O~~VO~ ~~~ p0 o ~Q~~ 13~~ ,.._ ~~O ~ . , •~..e ~" 107 _~-~~~- I I_ I I~ ~ Ia I I ~ I I; I I I I ~,~J~J .~,~ ~~~ moo, i ~~~ ~ ~5~~ 010 75 50 T5 100. , City Clerk GRAPffiC SCATS IN FEET zcwa C~.c, ic~T~a Y=1ao' LEGEND AND NOTES 0 - CONGRES90NAL CORNER. FTMIND ® - CONI;lEES9IXIAL CORNER, REFS7ABUSHm ~ - CONGRES90NAL COIUIni RECORDID LOCATION - PRDPERTY coRNER(s), FlwwD (w notes) o - 1~1EOPmTr coNNERS ser (5/9' Iron PH w/ le9ow, PIea1R LS Cap i smbwsad with 'MM5 ) - PROPE7ttt !/or BOUNDARY UNES - CONGRE9SIONAL SECBCN WlE9 ' - ~ ~ ~ - WGIfT-OF-WAY LINES - -CENTER LING - LOT LWF3, WTFRNAL - LDT t1tEFS PLATTED DR BY D® - - - - - - - - EASF]IENT UNES. WIDTH 8 PURPOSE NQTED - - - - - FxiSRNC FASE)AENT DNES, PURPOSE NOTED ((R) - pECORDED OIMEN90N5 (M) -MEASURED DIMENSIONS C22-1 -CARVE SEGMENT NUMBER DNLESS NOTED OIIffRWLQ, ALL M1aN510t19 AlE N FEET N!O N1NpREDRIS °oN ERROR OF CLOSURE IS LESS 1HAN 1 FOOT IN 20,000 FEET 1 ~ CURVE SEGMENT TABLE n rURVE DELTA RADIUS LENGTH ANGEN CHOF'D BEARING m f' m o45m a6n nn A17T 4rtos'~an' sl-f 4.4a'sD'w I~ ~~_ ~~ aQ ~ ra N1pjp,~^ -~- _-_- - - t - - - C3B 4 'x'41: V.0 ; ~ 17.4 ' 9.~ ' 16.90 52x533.33 - J - - - - - .r~^µ, - - - - - - - - - C39 31.4 ' 44 6'lf =238'13~ I I C40 1 1'aa' 7 .11' B. 7' 71. 0' S8t'a 'S0 =480.Ob' 819'22'29'W I ~ ~~ ~ , 47.11 'p" C41 1 7 .41' 71. 9' S6 4 2209" Q d r I I~~~ O 'lA.y- C42 8'05' 7.00' 38.85' 19.66' 38.82' 58'11'60 =11.05' !t('~~~T~j ~/y~~ (~(\\\ /~ ~ ~tOu ~ C43 1 ' '4 ' 73.00' 7 . 9' .6 ' 76.4 ' 8 3'1 =22.D9' ~ ~NJ ~"/~ I I V (.\\~~(P F C44 17'39' 6' 75.00' FI4.75' 42.71' 84.41' 571'04'13 V .00' 4' 18.58' 7.2 ' S3 ' 9' 1=N78'20~17~E i- ~ - 0 ^\(V g~- - C46 85640" 390.58' 92.20 ~ 48.19' 92.10' 514'34'37 ~- - - - - - - - - - ~ O 0 - - C47 7l 'Ofi' 90.58' 74.40' 7. 74.3 ~ 9 79~ C% 55 ' 1" 4 46.17' 3.10' %.1 S '37 - - - I ~ 0~ - C49 41' 1" 1 9' 17 N7 ' '4` ~ GRIDC ~~ C30 6'44' 50.00' 16 83.04' 137.61' N7 71'lE T I ~~ C51 1 '47' 1' 1 7. 1 3' 3 6.73' NO 0'1 ~Ol!~l `{ c ~ C52 90' ~0 ' 15 .W' .6 ' 150.00 12.13 N45' '4' _ I eee%%% Q,Jai~_ LEGAL DESCRIPTION ~ ~~ I- ~~ ~~ ~ ~ r - - - - L.ot A of wld Pmiri? Fs+r!tes, Patt. Eour, Iowa ~~ ~ Ir~~A fnl ll~ ~~~~~ I~~ ~~~ I ~I~ I City, Iowa in accordance with the Plat thereof I I I I ~ ,1,Qt°~ ~7i~1 Recorded in Book 44, at Pa a 294 of the recrords Fur rla+;=a PeccRC® IN aAr rXNil<I w O t"- \ !1 II I N N I 9 cr TYC ,mal`-cr+l In r~~ctzc~ z'S ~ ~i // I a~'Q~_ I "~I i of the Johnson Count ~ OfficB. Said ' ~ tract of land contai 25.79 aces, d is subject to easements and record. I hereby certify that this Tend surveying do ment was prepared Ond the related survey work wax perionne under my direct ~tl`~MII~ 111ND~ 5`~° s~ G < personal superviai n and that I I anaed Land Surveyor under the Iowa of the Stat 20-_ GLEN D. ~~ fv ~~ D. EIS 5. Iowa Lia. No. 8165 8165 ~ ' ne a date December 31, 20-. sr IOWA ~ M4ABIIIItt PO or sheets covered by this seoL• SEAL Sgned before me this day of ,20_ PLAT/PLAN APPROVED by the City of Iowa City City Ckrk Dnte: UTILITY EASEMENTS, AS SHOWN HEREON, MAY OR MAY NOT, INCLUDE SANITARY SEWER DNE$ AND/OR STORM SEWER UNES, AND/OR WATER L1NE5; SEE CONSTRUCTON PUNS FOR' DETAILS. UTILITY EASEMENTS, AS SHOWN HEREON, ARE ADEQUATE FOR THE INSTALLATION AND MNNTENANCE OF THE FACILITIES REQUIR- ED BY THE FOLLOWiNC AGENCIES MIDAMERICAN ENERGY CO. Date 25.79 AC Revision No. 8 Data z- vo to ~~ W N Z K Z waO 1 ~Qp1 _ 5 p1 C"' ~ Z r ~ < a E ~ J O U O FN- N z °° N~° o ° W=~ T Z~~ U ~a 07 wa0 ~ ~ J ~y O > to - U~ ~ c~ 0 ('~r'~ F-'--I -}.D V 1 (r'~ ~ ~ H-~-I ri ~-~ r-~ w U i -T w O ~~ ~' Q U to o Designed by. RLA Drawn' by. JDM Checked by. GDM acaie.~ ~DD, N meat 1 i of a ~L, \ NORTHWEST CORNER OF THE / ' NORTHWEST QUARTER OF SECTION 18-T79N-R6W OF THE FlFTH P.M. END. 1/2~ PIN ®SURFACE BOOK 35 AT PAGE 232 ~R ir~,r . _, \l~'•~d S ~ ,,rn AUG ~- 5 701(1 (.:itv Clerk Iowa City, lo•,va - 1917 S. GILBERT STREET -IOWA CITY, IOWA, 52240 - 5319)351- ~Nild P "A Resub ~ LINE SEGMENT TABLE LINE LENGTH BEARING L1 6.04 515'54'09"E L2 6.04 515'54'09"E L3 37,17 547'41'22"E L4 17.80 54'03'39"W LS 8.77 S84'0T19'E ~~~ ~~,_ L6 6.04 N155409W 589'07'58"E 1536.20' ~ ~-- `-° 1058.70' ~~_ E%IS1WC-S1iMNW4lEB / / ~- - - - - - - - ~ ~ ` ~ ~ ~~ 4ANAGEM T EASDIFNT / / . _ _ - / ~ m / / ~ \ \ 235.fi21 SF T ~~ V ~ ~ T r ~ 7Y 915B~0 ~'~~,~~-Z2WA7. G~\ erimHC S~uwAmt ~ ~C~i."lO ~O YANAGE9EN~ Fl5FA1Q1T V b qq WSIING 510R tV ~} ~\ 1•J~ +x// ~O~• \\\ ~ OO~ ~ 4NlAGflAENtE •4lYA \ G` J~ 22,301 SF - / ~~. Q ~ C35 by / / D \ 589%I8'15'W -~ o m O I ~I 132 s j ~ 20,309 SF ~ + ..y, Zq$ ~ (~JQLnP ~ _p ti I I 27.4fi1 SF' 033 / 500 cis ~ 19 ~OA9~~b 13~ ~ " -~ryejJ~®CjC' fl N 1T`4 I gl - \ I sB9roe'tB'E 158.78' ~ ~ 75,100 SF f c43 ~ 589'OB'18'E 70287 56.09' r- 77.85' I m SB9'08'18"E 211.8P ~ Q 1 Py J Qy~ ~ _ LD . L _i,'dd / e ,4a I ~I ,48.84' c3z ~ U c37 : /' io+.74~ I 5 0 ~ • ~~ ,ae9z sF a2 ~ _/yQ =I Z~ 1 I~p wl W 61 1319 +~ 136 •~~ Oi9 ° N84U7 13~ ~ z .- ° A C41 ~ ~~ - - ~ 161.E ~.~~ - 1 `~1 I I. n m n I 15,699 SF 12,214 SF ~ "$,`3•~. G7 $ ~ _ ^ d0 / ~ j ~ . 11350' ,y 21,888 SF C30 ~ C39 - - - _ ~~ ~~ - - S~o• I I -~ ,owao' 4z.34' Q,P . / / C71 I I ~ ;: NORTHWEST CORNER ~ '1.7,T~~lY I I / / 15.00' O N89L6'18"W C5~ \P\~ G I imp of THE ~ I ~' % / Pte' - 111 , Imr 11® SOUTHWEST QUARTER 150.00' w 41.34' / ~ _ OF SECTION-18-T79N-R6W. "~ws~9 I ~./.. ~ .. -._. ~ r,. ~qg... J.- la,~.-.3 s i'M OF THE FlFTH P.M. 9b.~J' I ~~ GyM1 ~ ~ _ -11,.00' - r~ n ~~3~~ J FOUND S.C.M. 17.434 SF C28 ~ 6 ~/ /9. 3 C22 -~ 074 ~~' ~ 112 ~ ~ off/ ~ N7'~~ BOOK 42. PAGE 154 I o / C23 n ~~ z w ~ A% K 2 8' N~s~e•, _ n 11~ ~ ~ ~ 113 ~ S~~W n 13$`x' W / / / 12®° "y 14,178 SF C2, I '~ ~ 23,336 SF / '~ 027 ~ 10,835 SF 5 0' I CI5 14.878 SF - ~ ~~ / 589'08'78"E W _ y~4~~r I v1_ - i_ -13 - - _ ,138.,1--_ ~-_-.~! n 1 7 SF- -~~ I x'14- - - - -+ o ~~ I N89ro6Ye'W ~ , ml 121 ~~ 11~ C2 . of . :~~. ;/65 - o~ /n, Q O 130.00' II Im z ml 11.172 SF ~ 12,065 SF I m 6 114 145 / I Ik_ I nIJ 589'O6'18"E ...( ' 13,518 SF 4 / n ~//y // Y~ J 134.00' S83'27'~W cft~-x'15 I m 1 G.. / I~ I (n I 3 747.53' 1 G ~ ~ 30'E SF'1 \ ~{I / ,f - 11.017 SF- 11 I N$ NBO~ IJ / a I __-__ ~ ml 122 orih 117 ~9 ~ \ '~ o Q /I J 11x30.00' N89ro8'18"W1 Iw ~ I 71,122 SF No 12,816 SF 1 m1 1 t,: ~O / / [~ I I± searo6.le'E w ~ x~~ '~ ~I 126 ~'I I~ ~_ ,34.00' ,~ ~,B,~~W o 7115 0 /-' ~' / " . IN ml 11,017 SF ~II_ ISIQ of 12a~ \ ~ \ 75,023 SF ~ // `\Q-~' // N QQJ" ~_/~ I< N69rofi'tB'w I I ~ °I 2 oNti; 5,0 c1e \ m fi 1 ~ / ~/ /!\/ ~ ~7 3 130.00' ml 10,572 SF 1 ka0 2 \ 1 /, V V u~D ~~ C~?l ~ c~ // ~ N I ~ I ISO 7s.se' X56 ~~ w 116 /g6.z3 Uv LLD U 3 IN 1125 ~ 2 5a' ~j7 ~~ 0 1x.155 SF ~ 0551fw / / ~ w Acct ~~ ~ o a I U ~ `i 5 4 / ~ AT P,`6C TI N 9'06'18'W a,~ \ I o I 71,039 SF C2 I O C '~ ~ I V' L._. 5B.t52'30'W- I 500 27.58' W / / / 574 5 1' / R=26..00'00' ~j OD _ _ ~I - 131.9!_ - ~ '\ 0=29'13'19,. / / 50.00' L=31.4L ` G \ ~ 0001 ~ / I \ =2sD.1s'~IZ / e=so•~Da'~'T=zD.oo' \ '~i / / I I R5 L=17228' ~J / A=9V2'S7' ,R=20.00 C=28.28' \ ~ ~/ I \ T=57.39' ~/ R=480.00' 574'05'51" L=31.42' C8=N60'S4'09" \ I tl -/ LJL \ C-=111.07' / i 8.32' T=20.00' (off o ~ \ I m !cam"-ff C0=513'42'57"E L=75'g1 C=28.28' U 2 \ {~ d ~~~ ~ ~~0 • I 18,013 SF ~ /T=37.98'/ t° II O~ i~ I '~ I ~ ~~ G=75.73' - CB=529'05'51 "W \ Q ~ ~ I ~ 06 „~ ~ / ce=569'34'22"W ~ ~ ~ ~ pa ~ I _I ~g ~ti3 ~ / / ~ ~7~jJ a ~o (~~j7 ~ ` ~~ g o V 1J ~ ~ I 56, \ \ U !I U 11 \ ~ ~~ ~ ~ / \ ~ ~3a I / ~~ ~~ ~ ° ~ ~ i / ~~i6r ~ ~ ~ \ ~~ a 6 ~ `S~Iw \ -IIfL~~ x//11} I° ~-~ ~OL~ D G°~G,~Q~G°3~C~ ~~G~4 ~pQG3~G;IG°~C~[~ ~g ~l ~ _ I / / ~7 P/6E~G1` TtCWRPLORDS GP TYE JTW`'ON f~ANF'f\RFL~S 4~E\ \ O.O / cJ' ~ \ , ' SOUTHWEST CORNER - c^ r OF THE .non Final Plat ~.rie estates, ,Part Five ~n of Lot "A", Wild Prairie Estates, Part Four. Iowa City, Iowa I aI r (,L a o Io as sG T6 lG0 GRAPHIC SCALPS 1N FHEI' T3p'pARED SY : OWNER/411ADiVIDER OWNER'S ATTORNEY VSULTANTS INC. KENNEDY-I-III.GENBERG PHII~IN A I.EF'F TTH GILHERT ST. ENTERPRLSES 222 5. I.INN STREET 17, IOWA, 52240 1811 DUBUQUE ROAD IOWA CITY, IOWA 52240 IOWA CITY, IOWA 52240 7 - ~ 477.51" I I~ I~~_ 98.244 SF Id ~ . ` '.RESERVED FOR FUTURE DEVELOPMENT _ ~° CAB / 9~' SBG2Y40'E . ~~NC 3a.P S~T~y ~ z ~ 137.43' ..\/ / ~~~~ _ _ T _ _ _ I ~ CamNC 2ao' sroau ~ ~S 9'42'11'W _~ - 1'=100' LEGEND AND NOTES A -CONGRESSIONAL CORNER, FOUND ® - CON[#tE590NAL CORNER RFSTABUSNED e - ~~~OR~N~ (jam NOCOtDm~; TION a -PROPERTY cDRNERS sEr d wkhw~MS j PleaUo LS Cav IS/ l ~ cm a - PROPERTY 3/a BOUNDARY LINES - CONGRESSIONAL SECTION UNFS _ PoCNT-OF-WAY ONE$ - - CINTQt ON6 - LOT ONES, INTERNAL . - -. - - - - LOT ONES PUTTED OR BY 0® - -EASEMENT UNES. WImN k PURP04 NOTED - - - - - - EXISRNG FASOAINT ONES PURPOSE NOTED _ R -RECORDED DMENSIONS - M l / - MEASUREV DIMENSIONS 022-1 - dIRNE SEGMENT NUMBER IImESS NmED ORER'MSE, ALL OIIeN.90N5 ARE W R27 AND HRIIWEOTNS ERROR OF CLOSURE IS 1E55 IRAN 1 FOOT IN 10,000 FEEI. / ~ ~ ~ -sE'AEIt usEULUT pp pp ee 242 ~ I I ~` \ = 57,742 SF ~i0'BE-DEDICATED'~TO•~7HE',. CIT' OF. IOWA' CITY I, I I~ 1 12.000 SF o ~ ~' ~ \\ ~\ ~f u91Y \~ ~V ~ I , ~ B' ~ I ~ Q \ ~ ^ ~~ ~ I I ~O ~O I ~O ~ i I ~ m ~~ ~® I Q~ ~ // N VIJ VV I O Q OY ~~ 723,152 SF ~ / ab`'S// .:T~: 3~ ~ IL. ~ n 0 IFO_ Se ~ / ~ / ~ Q 0T154{E T~4G' / ~ / 'o ~/ N c1 .d ,.p~ ~l 12,Bb7 SF ~~ /~I _"?p 32~ --- --~-- ~A=2'3813~ W S19'22'29"w R=480 00 47.11' L=22.09 (1/I ~~ ~^ 'T=11.05' cyl5? O (VVV~ c=zz.D9' C8=N78'20'17~E DIX.K GREE)C DRIVE _ ----~~ C~~ il<Q~~ pQG3~ ~aG ECG fFP PUT Tt¢RFA RFLGiTLT~ W FUT DO~AV TT n~jf 'RPS R` TNe ,YI.'PF-OI N ILAAi fY F:FLLROi 'S III ~.,J f( I 1 -r j- ~ --- - - ~9 ~I~ ~~~ ~p~~~ t 9 I --- I ~" (G1V .~`.,E,- I I C52 190'OO'00'115a 0012356~11]U.uu, [i[-~~~ rv+»>+< ~~ dD ~~a " ~Fr=AI DESCRIPTION I- -~ ~ -I ~ r - - - - Lot A of Yfild Prairie Estates, Part Four, Iowa I I ~ ~ City, Iowa In accordance with the Plat thereof ~~,t~6 ~ 57{I I ~ ~ I Recorded in Book 44, at Page 294 of the records e'Qtr'' 0 U I ~I ~ of the Johnson County Recorders Office. Said r~~~- I tract of land contains 25.79 acres, and is subject to easements and restrictions of record. ~,_. 4~ S ~ ~ I hereby certify thot thb Iend surveying d ment wm prepared and the related Harvey work was performs or under my direct personal supervision and that I I licensed Land Surveyor under the Iowa of the Stat =y ~~ ~~D• J 6 ~ $~ 20_. ~ D. O S. 'Iowa Oa No. 8165 e a dote ecemhar 31, 20 _. IO~yI/RA~~ Pa ar aheab eovued by this aeaL- SEAL Slaned before ma this day of ,20_ • II PLAT/PLAN APPROVED by the Citp of Iowa City fxty Clerk Datc- UTILITY EASEMENTS, AS SHOWN HEREON, MAY OR MAY NOT, INCLUDE SANITARY SEWER LWES, AND/OR STORM SEWER ONES, AND/OR WATER ONES; SEE CONSTRUCTION PLANS FOR DETAILS. U71OlY EASEMENTS, AS SHOWN HEREON. ARE ADEQUATE FOR THE INSTALLATION AND MAINTENANCE OF THE FACILITIES REQUIR- ED BY THE FIXlOW1NC AGENCIES: MIDAMERICAN ENERGY CO. 25.79 AC ~?z -. ~- _, l ~ _~ Ua ~D1i ~if L erk c,'a .iI1', ]c va U ~ `T 0 N ~{ W N z z Y " ~ ~a0 I o ~ o! H ~ Nz~n z ~gN a ~ g0~ N -~ 3o O~+z O - W~~ U T Za~' U m WQO T/l _J O >O _ UZ 00 r~r~ rw L~ F,--I ~ Ui rr~ ~ O F~-I Qij _ E-I ~ r,~ r I--`r ,I O ~' Q a m O a Designed by.R~ )raven by. JDM Ihecked by. GDM 305 Scale:l °=100 Date Sheet 1 u .-__^~ ~-`--- -- .~._ , of ~_.. _< ~L~ NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 16-T79N-R6W OF THE FIFTH P.M. FND. 1/2" PIN ®SURFACE BOOK 35 AT PAGE 232 gild P~ "A Resubc 1917 S. GILBERT STREET -IOWA CITY, IOWA, 52240 - (319)351-8282 ~""' '-1"~J P 11'.US <<1m AUG 0 5 2010 - - ~ ~ _ - Ci[y Clerk - ~ 589'07'58'E 1536 20' ~ /- - - `- ° 105377 - ~ _ E%~611NG STORMWAIER / / ~~ ~ - - ~ ~ - ~ ~. - _ - ~ n r/ \ MAN EA6wwT / / ~ . _ _ - '/\((V/J ~;~%'~ OUTLOT ~ B n -_~ ' ~-_E-~Ghq ~7 -- / / ---. \ \ 233.621 SF ~~~ /7~ ~ - ARy X11 / / / \ ID BE DEDICATm TO THE CITY OF IOWA GT' ~\U/%~. ~ ~ _ ~• ' o~ ~ ~~ /'y`~'g s~s~~ ~~a~`t',~, \ \ EXISTNC SiORMWATFR ~ O~D O «,I ~ At- \ MANAGEMENT EASwENT ~ - i4?/ ?i0 \ \ o ~ Ew~ciuErsir uM. ~' ~ 133 ~/ .~. ~ ~ o "' ~6 ~ ~ ~ s 22.301 SF `/ ~° •q1. ~ O D~ i70y / ~~\ \~ ~ tmuTY •~v/ /mod ~~' ~ ~~ ~)O~ ~ u / ~~ ~~~'yty usEMt[xr yc4, ;~~ \ S89'18'75'W " . ~ '3~ ~ ~ C35~~, /y~ ~ ~ ~~~ ~yy ~ _ _ -12309'r . ~~3 - o ~ •~`,-~. yg? 134 _ g ,2a'9 Z ~ - 20,309 SF , ±; ,y, z ~ p' ;~~I 132 ~ ~ ~~ ~ ° ~ .w~9~.g 138 ~~ 139 ~~ 14C rn I~~ F, ' ~` e1' ~~ ~~ $ ~ 14,749 SF Z ^ 1Q349 S! 1~~m1 ` o ~ ~ 589'OB'18'E 15376' + ~ 15,100 SF' ts.0'MTUI ~ne ~ 1~°58998',6'E 2,,.8;~`~_ ~ o ,0267 5309' L 1374 4 Q" ""~ ~ E/SE1~FN, - „Q. iU 1 „364• ~2 ^ ~ ~7 ~ - - ,~~~- K 1 5 0' w ~ 13,892 SF C42 / ~ ~ ~ y~m 131 ' n 1 Z ° ~ 135 ~ ~ 136 P ~ Gi9 o N84T)7', 6' _`! 161.83 130: ~~ 13,808 SF I n n m n I 15,699 5F g ^ 12,214 SF / ~j / ~`vC• _ _ -~ M' 1,3 ~` C30 z$ j C39 _-ts.d ~unuTr EAStuENT ~~ r ~iT` ~ g~' ~ 21,888 SF. 15.0'.: -- 5J ~ !u I C10 -- ~~>o, 1 I.°r.:~Q+T ~ ~ 7o47w' - +z34 o GQ,P // 111777 ~l~I c ~_ ; 13.0' NIUtt NORTHWEST CORNER Gb~N I 1 ..~:.. ~~ ~~ ,SOO~ c~Pp,~~ Eat EASwaT ~ n OF THE ~~ , a9 ~ N89V6'18'W ~ ~`~ 111 Cpl °-_ p oT / -~ 150.00' ~ 4,.34' ` 15,05.3 SF ~~ ~/'~ SOUTHWEST QUARTER ^ ,i ~ w ~ / ,~ ~ 1 ! ! nF <cr,T^N ,8-179N-R6W _. _ ~Q I ._/.. __ . ~... '_{" - -.-~-' CI2 N`e I^~i ~V C OF THE FIFTH P.M. I ~~.•J! I ~, `q`L ~ ~ _ _,'11.00' _ _~ J 17,172 SF FOUND S.C.M. 17,434 5F ~6 ~ / ~9-~ 3 ~~~ C13 ~r ate" '~/ T~OIp• BOOK 42, PAGE 154 0, ~ ~ _ Y t6.o• unuTr - C14 - ~~ ~ ~ 112 ~ .o- ° h 25 / a sr. sEw. usE rn •a a. h N> . .. 5 m r I ~ I ts.o' unuTr w J F 4/ ^ 85 / 'N7 38' I / / C23 o Np EASEMENT' N - 23,336 SF 0- D~1Y `\\\ ~ ~~39 ~ ~' ~ 120 = ~~ 119 ~, ~ 113 ~ ~ ' g~ ~ C27 ~ 10,8}5 5F 14,778 SF 5 0' I (7, 5 10.0' DRAINAGE ~ / 14,818 SF EA6wENT h 28 589~8'18'E 587~'W _ _ . r r I 1 13252' 13278' N8635'S7'E bb/ !.~•~" ~ 11,857 SF ~I~ I C24 110' U7RRY~ 138.11' i / ~ //. a o . N89'O6'18'W W , m~ 121 oa FA6EMENT~O ~ _~ ~ ~ ~ ~~- , o ~~ , ,30.00' =11 1- z m1 ,,.i,2 ~ ~ • 118 ~ ° B 114 ~° / ,q56~ ~~ , _ ~ I Q SB9'O6'18'E 12.065 SF ~ 1 13.518 SF k 11~~ ~, m 127 0l~ 1 ~ J ,34.87 5e3K,'o5-W ~ ~ ~ ~ ~ ~~ / 1r- ~I ~ I Cf) I~ n 747.53' 1 C °' 1 30'E ~ B,~ / 71,017 5F (n 1 1 ~ N~04.77 c~ ~ ,_d n. 6EW. FASEMENTJI ~ ~ m1~ 122 . ~~ ~ 117 ~' Q F----, ~ 11,1zz sF hm ~ / n / I 1130.07 N89~618'WII IY v I~ 58996'1B~E 12.816 SF 1 m1 1 ~ ~ ~O - Iu~~7 ~ ~~ ~. -126 ~'1 to ~ - ,34.oN' L3 ~8~2~W 7115 ~ p- -'~ j ~~ CS ~ n I ~~ I - - In ~' ~ 1 15.023 SF ~ ~ / / ~~ ~ ~~~ggN Iry ~ 11,017 SF I I~ Q o 15.0LUTUTI'~ / ~,p / ~J/X a I 1 ~ nl 123 ti; y1 uswwT C6 ~ L ~~sa•unulT /, !c / I N39716'18'W 1 ~ °k 5 ((~ EASwO+T ~ ~~ 13 , ,30.00' - I 1 . Q1 ,0.572 9F 56aa° 2~ ~ 116 ` 6 -' z3 ~ a o pay b 1 a n° 50 9t 7556' S p. 4.155 F 'g6 57 ~ r N 1a 125 2 56' , -0"'~ 4.p5 "w / - N AGGLRI I- ~ nl I N 9'O6'18'W S7~ ? ~G4 lA-{l~a+ t .:^. S~ / AT PAE2 294 o m 1~ 71,039 SF C2 /// O ~ ~ i~ i ~ \ ~ ~ I~ ~ ~5_ 1 soo'zisa'W wa1'~et of "' e=9ov QQ- 00 I 1 574' S 1' R=20..0/0' ~I ~'" 1L,- 131.9E ~- \ p 29'1319" . 50.00' L=31.w[ 7 ~'' \ Il O~ I C / li Exl6T 20.0'~SAN~ 1 R=220.15'`/~ 6=90'01C'00'~ ~T=20.00' (~ / 1 ~ sexeR EA6wwT L=112.28' u ~ ~R=20.00 C=28.28' \ / I"I IIf F. ~ C25 T=57.39 CB=N60'S4'09' L=31.42' ppn~ ~/ 1 ~ri \ C=111.07' / R=480.00' Si8.32'. T=20.00' no (0~ 1 ~ ESt vL/~ I m,-124 ~ CB=S13'42'S7 E L=75.81' G28.28' ~U ~ \ O G F~0 ~~ 1 $ 18.013 SF ~ \~ /T=37.98'/ ~ - ~ C8=S29'OS'S1'W ~ ~ ~ \ " O~ JO f /~ ~~ i ^I. ~~,~2,3'~t1 ~\ ~ / /CB=56934'22'W ~~ \~ \\ SUt O y~ R, \ ~J ~j7(nl \ 1 a ^ ~~ / ~ 6~ \ \ \ U cyJ -~ -i° N\ M/n ~L~D pG~Q~G°3~G ~~~ ~~pQG3~aG°~C~C~ sg -~ X41 ~ 9~ AGf,LRDANGC ~„ ~ PUT Tl'ER~FlP RELGR!>tD W R-AT ,~ ~ o ~ \~ ~r P~~,b2 cr TFE >\taros cr m ,~laNSa,\carnY~Reca+2~~e afiv ~ \ . O SOUTHWEST CORNER 25.79 AC ~~~-- r final Plat ~a JL ~ 1J IJ ~ a ~ ~ 1J ~ P a.~ l~ ~ 1 ~~ ~ ~ ~ _ 1n of Lot "A", Wild Prairie Estates, Part Four; ~ ~ ~: , Iowa Iowa City ,1;,eti~ q ~~^ , AUG ~- 5 2~1Q 'REPARED BY : OWNER/SUBDNIDER OWNER'S ATTORNEY NSULTANTS INC. KENNEDY-HII.GENBERG PIS A. LEFF t ' {'1eIiC ~- a m 25 50 75 180 GRAPHIC SCALIi 1N FEET ~ UTH GILBERT ST. ENTERPRISES 222 S. LINN STREET TY, IOWA, 5224b 1811 DUBUQUE ROAD IOtPA CITY, IOWA 52240 l. ~ jcr'eva l~it1, IC7'N ~1 =100 1 IOWA CITY, IowA 522ao LEGEND AND NOTES ' - A ® - CONGRE590NAL CORNER FOUND - CONfRFS910NA1 CORNER, REESTABU411D ~ - RW~EA~Y CENiNER(~FOUNOC~DEOaIDCARON O - PRWERTY CORNERS SET Sa) plaa8c LS Cap IS/ ~ ' 477.51' . MM bo d rN - pNOPERTY k/or BOUNDARY ONES I I - CONGR6510NAL SECTION UN6 -RIGHT--OF-WAY L1NEs I ' I ~, I _ _ _ _ _ - CENTQt UN6 -LOT UNF.$ U1TED OR BY 0® - -EASEMENT ONES Y60TH k PURPOSE NOTED ~ - - - - - - - - -EXISTING FiESEL1ENT UNFS PURPOSE NOTEO '" ~ 98,244 SF g I v 022-1 -CURVE SEGMENT NUMBER I ~ ~ ` RESERVED FOR FUTURE DEVELOPMENT i ~ ~/ ~ _ ~ ~ ~~55 I m I UNLIIS NOTED 09alnMSE, ALL OB&FlBW9 ARE W FEET AND WIUlHEDR6 o I Q2ROR OF CLOSURE IS LESS 1HAN 1 FOOT IN 20,000 FEET _ ~ ~ / ' S8B?3'40'E ~ h'a sMaLln ~ I " ~o ~ 1SJ.43' Y ~~ ~saEw? ~ ~ I m \ IXI6aNC 2Q0' STORM ~" G_ ~ 9'42'11 ^W _ I- ~ ' ' ~ ~ sE>WR E SEUErr 242 ~ _ I I `~` ` ' ~> I '~' ~ ~ OUTLOT ~ C ~ ~' r ~ - '_ l E,~gjO~ 57,742 SF I ' ~I ~ TO BE DEDICATED TO THE CIT(Y~OF IOWA CITY I I If JI I E*~ 3 ~s2'~SY <J I I J ~, I~ 108 ~`~ ~ I Irt D 3S ! I I 72.000 SF ~ \\\\ ~~ 9.12" I I 97834 OS~ L, \\\~ v T4{~• /t ~~~jjj~ lam?. II I EXIST 2ao' SANRARY ~O\l~O ~O~ i I~ I SEV,£R EASENENT EIaST 13.0' STORM /1' \`~lJo 1,= I SEWER EASEMENT Q(K/1 ~~ 109 , / ~ ~ N ~~ I 13.0' IITIIITY Q ~ I NVV _ I ( I EASENFM O ~~ 123.152 SF ~ 4~4/~ 3 I~ / Rg I ~L~ ~aS'44~ / ~ 0 4 I 1'x.48' ~ / - II` N ~ I~ 107. Ca0 SETBACK EASEMENT - / G r- J i ~~j ~ 1zefi7 SF ~~ 589'54'1 "E-187.33' _ 589'47'48" 223.35' 35,00. C, -_- _-- --__ - ~ H~p~0:3J' ICI - =z2 os~. a G s477s'z9'w ~ Ill ~~ ~ ~ O~~ ".~' =2zos' ~ 3~. O- ~-- D1X.K GREF]C DRIVE _ I .\~ O~,FY'n~ - ~~ z "~ ,~ W N Z ~ °ra V1 aNID ~ o ~ o N J ~ ~S~ 1E-1 ~ ~ V U F1----~~ W I--~ O N fa/1 U] ~ WUW ^ Q U7 F- Z Q W = ~~~..II ~ Z~3 U ~' m W~0 3 ~~ J O > to IGSI _ ^~ V O C23 ~ 1'10'16" 1 V. V~ 177.D9' 107 1 .65' S5 ~ W L24 B'49~44" 12300' 19.6' fi' 19.4 78~ N' C25 23l '07" 20.15' '8 1 45.1 4' 616'4 '3 " C26 6'01'12" 0.15' 3.13' 11 56 .1 0 '06'54" C77 C28 T'30'OR" 23^6'12"1 17~rv1' 17500' 1.^4' 71.581 707+ 3630' 1 tA' 7109 n7~9'45^W 52fiV6'S4 w „ u...-~ _ liy I ` ~~'"~~--~~~ ~ ~~OE~~'J,v~~-7 *a ~Q J I - L52 90 '0 " 150. .6 ' 150. ' 2' ~ r '~ 1/pT~ 'C ~ ~ r r LINE SEGMENT TABLE ~~~Q~LS pQ~ I~O~~ f~~\i~~~~~ i ~I~J i LINE LENGTH - BEARING . FIAT Tt1HrCG' R[GGRLFD 91 PLAT Da1C A4 ('2~1i U1I Nkk" Lt 6.04 515'54'09"E y, ~p TFt ~~,, ~,y R•s ~Lf ~`/] I ~, ~ I ~ I L2 6.04 515'54'09"E I I I I I NJ u '~ l - L3 37.17 547'41'22"E I _ ~ L4 17.80 554'03'39"W LS 8.77 584'0719"E ~t during the month of March, 2004, at the direction of Kennedy- L6 6.04 N75"54'09"W a survey was made under my supervision of Lot "A" of wld Prairie -t Four, to Iowa City, Johnson County, Iowa, in accordance with the f Recorded in Plat Book 44, at Page 294, of the Records° of the unty Recorder's Office. Said Lot "A" contains 25.79 acres, and is asements and restrictions of record. I hereby certify that thb Iand - the relate survey work was pe JdNWI parsond pervislan and Thot I UgA/p~,. under the laws of the Statyel CiF}l D. MESI~I 8165 or sheets covered ent was prepared and s under my direct ed Land Surveyor 20-. Iowa Uc No. 8165 ler 31, 20-. PLAT/PLAN APPROVED by the City of Iowa City ,f: >'. City Clerk Dnte: UTLITY EASEMENTS, AS SHOWN HEREON, MAY OR MAY NOT, INCLUDE SANITARY SEWER UNE$ AND/OR STORM SEVER ONES, AND/OR WATER LINES; SEE CONSTRUCTION PLANS FOR DETAILS UTLITY EASEMENTS. AS SHOWN HEREON. ARE ADEQUATE FOR THE INSTALUTION AND MNNTISIANCE OF THE FACILRIfS REDUIR- ED BY THE FglOYANG AGENCIES MIDAMERICAN ENERGY CQ - Datc H w [~ (~ W O I-i-I ~ - _ ~ ~1-( E~--+T , •v ~v W W O ~ ~.-1 H a Q - ~ I~ F= F HE~ S Fes' N ~ a Designed by. RLA Drawn by. JDM- Checked by. GDM Date: 03-22-04 Sheet 1 of _ 3f 11 Marian Karr From: Arlene Brenneman [aab27@mchsi.com] Sent: Tuesday, August 10, 2010 9:42 AM To: Council My name is Arlene Brenneman 118 N. 1st Ave., Iowa City, Telephone 319-351-3589 and I have a question for all or anyone who can let us know WHY.......? 1st Ave. residents were told when the City Council and others passed the law to open up 1st Ave. to Scott Blvd., NO trucks, vans, car carriers, tour buses would be traveling this street over 16 tons. Signs are posted at beginning of lst Ave. and down by Hy Vee -- could you make them bigger or put a flashing light on it. We have so many driveways on 1st Ave. and also school traiff we can't get out or in our driveways. WHAT HAPPEN TO THAT PROMISE??? I have never seen a truck or any of the above stopped yet or given a ticket. We sure would like to know how many tickets have been given. I asked one of our former council members if something could be done but this is a year later and it is still happening. I'm asking for something to be done for other residents on 1st Ave. too. Sometimes 1st Ave. looks like Interstate 380. Thank you for any help you can give and let me know what your thoughts are on this. Arlene Brenneman This correspondence will become a public record. 8/10/2010 3f 12 Marian Karr From: Alicia Ambler [aliciaambler@gmail.com] Sent: Tuesday, August 10, 2010 11:44 AM To: Council Subject: Urban Chickens Greetings, My name is Alicia Ambler. I live in Iowa City and have taken part in previous attempts to get the council to discuss changing the city ordinance to allow egg-laying hens within city limits. The former spearhead of this movement in Iowa City has passed the torch to me, so to speak. I think Cedar Rapids' progress compels the council to discuss the matter further. It would be my privilege to visit the council and present the arguments for changing the ordinance, including references to Cedar Rapids' current change and its progress. Please let me know what I can do to get this issue back onto the council's agenda. We presented the council with a petition, and now we'd like to be heard. My best, Alicia Ambler 8/10/2010 3f 13 Marian Karr From: Pete Anderson [pdanders@yahoo.com] Sent: Thursday, July 29, 2010 2:03 PM To: Doug Boothroy; Council Cc: Matt Hayek; Ross Wilburn; Regenia Bailey; Susan Mims; Mike Wright; Council Subject: Re: Magic Bus Permit Is the Stadium Club the Kinnick press box and suites OR the old bus location? How about the other 50 vendors up and down Melrose? From: Doug Boothroy <Doug-Boothroy@iowa-city.org> To: Pete Anderson <pdanders@yahoo.com>; Council <Council@iowa-city.org> Cc: Matt Hayek <Matt-Hayek@iowa-city.org>; Ross Wilburn <Ross-Wilburn@iowa-city.org>; Regenia Bailey <Regenia-Bailey@iowa-city.org>; Susan Mims <Susan-Mims@iowa-city.org>; Mike Wright <Mike- Wright@iowa-city.org>; Council <Council@iowa-city.org> Sent: Thu, July 29, 2010 1:58:27 PM Subject: RE: Magic Bus Permit The Magic Bus temporary use permit has been denied. The Stadium club has applied for a temporary use permit and the decision on the permit should be issued next week. __ From: Pete Anderson [mailto:pdanders@yahoo.com] Sent: Thursday, July 29, 2010 11:12 AM To: Doug Boothroy; Council Cc: Matt Hayek; Ross Wilburn; Regenia Bailey; Susan Mims; Mike Wright; Council Subject: Re: Magic Bus Permit Word has it the Magic Bus permit has been denied. Do you plan to require others to request and receive a permit or are you going to selectively discriminate which groups have to follow the rules and who doesn't? It's ironic a tailgate that donates to charity is shutdown but a "for-profit" tailgate is allowed in it's place no questions asked. I ask that you work with the Magic Bus and find a suitable location. In the meantime, I will no longer be spending any money in Iowa City other then tickets for university events. Corallville and North Liberty will get my business from now on until the bus is allowed to return. Regards, Peter Anderson Senior Electrical Engineer and '97 UI grad Marion , IA PS Football Saturdays are a inconvenience to many. What's next, banning Football games? From: Pete Anderson <pdanders@yahoo.com> To: doug-boothroy@iowa-city.org; council@iowa-city.org 7/29/2010 Page 2 of 2 Cc: matt-hayek@iowa-city.org; ross-Wilburn@iowa-city.org; regenia-bailey@iowa-city.org; Susan-mims@iowa- city.org; mike-Wright@iowa-city.org Sent: Sun, July 25, 2010 1:11:39 PM Subject: Magic Bus Permit Mr Boothroy and Counsel Members, I'd request you grant the Magic Bus a permit for the upcoming football season. Asa 10+ year supporter of the Magic Bus, I find many of the accusations made on the Bus and those in attendance are either highly exaggerated or completely false. The Bus has been run responsibly every time I have attended. Everyone gets ID'd and the Bus provides security inside it perimeter. In 10+ years of attending the Magic Bus, I have been ID'd every time, I have seen zero minors drinking, seen only 1-2 altercations that on site security has had to deal with. I have seen no incidents requiring IC or University's police involvement. For the record I have never seen a single officer at the bus. The reason for this is the top notch security Jeremy and the Magic bus provides. To single out and deny a responsible tailgating event will only cause more people to attend less responsible tailgating options. If you believe denying the Magic Bus a permit will solve any of the issues revolving around Kinnick on football Saturday, you are highly mistaken. The Magic Bus deserves the chance to prove they can run their event on the new property before any consideration to shut it down is made. Finally, I am offended how some of the residence and others have portrayed those of us who attend the Magic Bus. I am a 97 grad of the University of Iowa College of Engineering and 15 year employee of a major engineering company that operates in both Cedar Rapids and Coralville. I am both a season football and basketball holder with another Iowa grad. I enjoy returning to Iowa City frequently. On gamedays or any other day and I'm not a "drunken idiot" who disrespects others and their property. Neither are 99% of the Magic Bus attendees. All I ask is you give the Magic Bus a chance and monitor them. I believe you will find the Bus is not the problem on gameday but other less supervised tailgates. If you do deny the Magic Bus I would recommend you enforce the rules to all and require all events/vendors to get permits, not just the Magic Bus. If your goal is to shutdown tailgating, you should do this equally and not single out one group especially a group that donates it's profits to charity. Thanks for your time and I would be happy to answer any questions you have based solely on my experience with the magic bus. Peter Anderson 1997 UI Grad and magic bus supporter. 2175 26th St Marion , IA 7/29/2010 Marian Karr From: Mike Wright Sent: Sunday, August 01, 2010 3:31 PM To: Marian Karr Subject: FW: Magic Bus Decision -----Original Message----- From: Mitch Thomann [mailto:mthomann1.618Cgmail.com] Sent: Fri 7/30/2010 4:26 PM To: Ross Wilburn; Matt Hayek; regenia-bailyCiowa-city.org; Susan Mims; Mike Wright Subject: Magic Bus Decision I am a concerned citizen of Iowa City who plans to live here many years in the future. Once again, you, the city council, with your decision to deny a permit to the Magic Bus have demonstrated how out of touch you are with the people of this great town. I could swallow the 21-only decision, but I cannot accept this ridiculous war against tailgating. Iowa City is a college town, there will be alcohol consumed, deal with it. 2 know that this council and the University are heading down a path that will destroy the best thing that Iowa City has to offer, football Saturdays. People who live close to the stadium have to know going in that they will have to tolerate football fans 7 times a year. I personally know many people who feel exactly the same way that I do and we will not vote for any existing council member or any member who continues with these completely out of touch policies. Mitch Thomann 1 ~._,-,-~,®~ CITY OF IOWA CITY 3f 14 !1 ~In~,'I'~`t ~W~~~ RA ~ D ~ M E~C~ M Date: July 13, 2010 To: City Council From: Ronald R. Knoche, City Engineer Re: Competitive Quotation Results Pedestrian Mall Brick Repair Project Competitive quotations for the Pedestrian Mall Brick Repair Project were opened on July 13, 2010 and the following quotes were received: Hardscape Solutions of Iowa Marion, IA $ 65,205.00 Country Landscapes, Inc. Ames , IA $ 86,149.40 Engineer's Estimate $ 67,397.00 Public Works and Engineering recommended and the City Manager awarded the contract to Hardscape Solutions of Iowa of Marion, Iowa. The project will be funded with General Obligation bond proceeds. '1 _i ~i~ iii (' .s August 16, 2010 City of Iowa City Council 414 E Washington Street Iowa City, IA 52240 Council Members, ~~ a ~~ _~~, p~ G 16 2010 City CleLk Tcwa C~t;r, Iowa ~•o,rP~- ~., ~~ We are writing you a letter in response to the decision of the Temporary Use Permit for The Stadium Club at 817 Melrose Avenue Iowa City, IA. We have several issues with regards to the process that we feel have singled out our group and location. We would like to explain our position on this matter and would like to address this at the City Council Meeting on August 17, 2010. We would like to explain our position from the beginning so you can see where we are coming from and explore the possibility of a resolution for all parties. In March of 2010 we made a decision to organize a tailgating event at the 817 Melrose Avenue location, formerly the Magic Bus site for over two decades. We are all businessmen in the local community so we know there are several challenges when starting events that need to be addressed. With that said we made the necessary calls to our insurance agent and attorney to verify what would need to occur in order to stage an event such as the Magic Bus has held on this same site for two decades. We further went ahead and called the Housing and Building Department at the City of Iowa City. The person that answered the phone was asked by us on a conference call "What would we have to do in order to hold an event similar to the Magic Bus on the same site, are there permits required?" The response from the other end was no, the City understands that on game days it is as quoted by the city official "A free for all in that area, nothing is enforced and it is like a carnival in that area on game day." This is quoted from the City Building Department Staff Member. Working under that direction we then spent time and money speaking to legal counsel, our insurance agent, scheduling live music, ordering items and materials needed to hold the event for the seven days of the year. We have also entered into a written lease with the property owners securing this property for those seven days. In addition to our efforts, several other entities such as KRNA/KHAK, Billion Automotive of Iowa City, Lindberg Promotions, Fleck Distributing, Coralville Hy-Vee and RexRoat Sound have contributed countless hours and resources to help us ensure a professional and safe tailgating event. Many musical acts have been scheduled to perform as part of their annual tours and are counting on their performances at the Stadium Club to enhance their marketing and promotion strategy. They are now left with unexpected open dates which could lead to financial loss on their part. In preparations, we directed our insurance agent and legal counsel to investigate our ability to carry out our proposed event per our business plan. Our agent and our attorney spoke to Marian Karr at the City to clarify our proposal. At that time there was no mention or discussion that we would be required to secure a Temporary Use Permit. The only issue that was discussed at that time was the distribution of alcohol and how that would be handled from our organization. At this point our insurance agent had spoken with Marian Karr and he was under the understanding that it would be in the best direction to secure a liquor license from an insurance liability standpoint. He felt from the conversation with Ms. Karr that this would be obtainable and had very little concern with regards to this issue. After that we took another step and spoke to our attorney on this matter. He contacted Karen Freund with the Iowa ABD. Per that conversation he drafted a legal opinion in writing stating current ABD regulations would allow us to manage this event similarly to how it has been operated on the exact same location for nearly two decades without a Liquor License. We believe we have attempted to comply with any and all local and state requirements, and upon finding ourselves to not be in compliance, we have made every attempt to work with the City and/or State to be in compliance. So with that said we moved forward with the plans to organize this event and have it ready to be open on the first home football game day. However, as we were making preparations, we noticed that the Magic Bus had been notified they would be required to secure a Temporary Use Permit at a new location in order to hold such an event. This drew concern from our organization that we would have to secure a Temporary Use Permit after we had been told we did not have to secure a permit by the City Building Department per our phone call in March. Although the City was aware of our plans with regards to our event prior to the notice that was given to the Magic Bus on their new location, we never received notice from anyone at the City of Iowa City. On July 16, 2010 Outside Properties LLC C/O Tracy Barkalow, not The Stadium Club, received the attached letter stating we could not hold such an event at this location. After that Jeff Clark and Tracy Barkalow property owners met with the City on July 22, 2010 about the violation on a separate parking issue and to address The Stadium Club. At this meeting with the City Manager, City Attorney, Head of the City Building Department, and Head of City Enforcement we were directed by Mr. Boothroy, Ms. Ream, and Ms. Dilkes to apply for a Temporary Use Permit and a Liquor License for this event. It was Jeff and Tracy's opinion at that time the permit would be obtainable as long as they resolved the separate parking issue with Mr. Boothroy. At this time all parties have agreed to a compromise on that issue and are working together to satisfy it. It was asked by Mr. Boothroy in the meeting on July 22, 2010 that The Stadium Club give the City an extension until September 1, 2010 to make a decision on the Temporary Use Permit. The reason that Mr. Boothroy stated this was due to the time that the Liquor License application would take and that he would like that matter to be addressed by the City Council on the August 30, 2010 meeting. In our opinion that implied that he would not have an issue with signing off on the Liquor License Application after the City Council formalized their decision and feedback. Mr. Boothroy would have had to sign off on the liquor license application in order for it to be on the agenda in the first place on the August 30, 2010 agenda. If it was his true intention to have the City Council make the decision, he would have signed off on the application and allowed the City Council to make the ultimate decision. That was our understanding with regards to the application process. ~~'~~~~ AUG 16 X010 +~ City Clerk To~~va Cu; , Ic~va 5:©.s Per rn~ After the meeting on July 22, 2010 The Stadium Club completed the documents regarding the State of Iowa Liquor License and then met with Marian Karr on July 23 to formalize the City Application for a Liquor License and Temporary Use Permit. Ms. Karr let us know that we have done everything required in order to process our application for both permits. The day prior to our application being submitted the City denied the Magic Bus their Temporary Use Permit. They cited public opposition, public access, and lack of proximity to Kinnick Stadium as their main factors in their decision. Based on these opposing factors, it is our opinion that our organization, due to proximity to the stadium would not face the same opposition. Furthermore, Mr. Boothroy stated publicly in the Iowa City Press Citizen on July 21, 2010 that the Magic Bus's new site is "a different site totally" it was made clear that the old site was closer to the stadium and more suitable compared to the new site in that article as well with regards to this type of event. On July 27, 2010 we forwarded our attorney's opinion to the City with regards to the legality of serving alcohol without the liquor license or the permit and to address if this is bootlegging or not. By request of the city, we also submitted the adjacent property owners names and address to the proposed site. They are all rental properties and or Kinnick Stadium and UIHC. On July 29, 2010 Eleanor Dilkes stated that our attorney's opinion and her opinion did not agree with the facts in regards to the distribution of alcohol and that we would be required to obtain the liquor license. After this, The Stadium Club submitted to Mr. Boothroy a written letter, including and extension for a Temporary Use Permit with a deadline set for September 1, 2010, after the City Council Meeting per Mr. Boothroy's request. We then waited in anticipation to hear the final decision on this matter from the City Council. However, before our September 1 deadline that Mr. Boothroy had "requested", we prematurely received a decision on August 11, 2010 from Mr. Boothroy recommending denial of our Liquor License Application and our Temporary Use Permit for our event. He stated four issues on August 11, 2010 letter addressed to us. We would like to address each issue at this time attached it the letter. #l.1eff Clark and Tracy Barkalow have stated clearly that the improvements were not intended for the Stadium Club. They were intended to support the parking of cars on this site and to improve the safety for the tenants of the site and ease snow removal. #2. The purpose of the temporary use permit regulations is to allow short-term minor deviations from the requirements of the Iowa City Code which are truly temporary in nature. Mr. Boothroy required at the July 22, 2010 meeting a liquor license be obtained for approval of the Temporary Use Permit for this event. We understood that direction would be a short term deviation from the city code that he could allow per the Temporary Use Permit. #3 We have met with Captain Matt Johnson on site on August 16, 2010 to discuss access to this site. His concern is adequate emergency access to this property. We respectfully disagree, we feel we have more than adequate emergency access to this property due to the following factors. We have a double driveway at the entrance of the site that would be more than adequate space for the police, fire, or ambulance to have ease accessing if necessary. We also have a driveway at the opposite end of the site; this would allow all emergency vehicles to easily drive through the entire site if needed during the event with easier ability than Kinnick Stadium's parking lot in our opinion. We would like to point out they have better access to our site than any local licensed establishment in town on game day ~~~~m AUG 16 ?7I0 Iowa Cir:. 1ow.! ,;:o.SPn~ rn,~- would have the ability to pull an emergency vehicle into their buildings during game day. We also have the main road for access on Melrose Avenue and Triangle Place. You can also walk across the street to the Hospital itself and there are more emergency personnel within one block of this event than anywhere in the City on game days. #4 Jeff Clark and Tracy Barkalow have come to an arrangement with Doug and Jann on this matter and should formalize it shortly to a resolved status. In conclusion we would like to request equal and fair treatment with regards to this matter. We would like to request a moratorium on the regulation of Tailgating Events for this season in an effort to treat all tailgating events fairly. It is obvious that the city is enforcing upon us and requiring us to obtain a Temporary Use Permit and a liquor license, yet many other similar events occur on those days without these regulations. tt is clear by Mr. Boothroy's comments in the paper that he has no intention of requiring any other tailgate events to obtain such permits or licenses. It is of our opinion that this matter was misrepresented and delayed by the City in an attempt to not allow us adequate time to resolve any of the issues before us today. We made our position and intentions clear from March until today and it is obvious that the City was aware of them at the time they addressed the Magic Bus yet we did not receive any notice until a much later date than the Magic Bus. We received notice on July 16, 2010. We feel this is discriminatory in nature and we would like the city council to step in and impose a moratorium on the housing department and allow the general public to weigh in their opinion to this matter. We strongly feel that if we are going to be forced to obtain such permits and licenses then all tailgating events should be required to do the same. We would like this to be addressed at the August 17, 2010 City Council meeting. Please consider our request and contact any of us if you have any questions regarding this matter. Thank you for your time and we look forward to your feedback. Sincerely, Tracy Barka ~-~my Clark (~` C ris Querrey ~AI~G 16 2010 City Clerk tcwa Cir;;, Iowa ...~.~. .S'O 5 P/N ~,K~- KCRG-TV9 ~ Cedar Rapids, Iowa News, Sports, and Weather Print this article 'Stadium Club' Denied Permit for Tailgating Venture in Old Magic Bus Location (} ..i, J7"??diat~.if FZrt'1? . t, i= _... (t {';),I' .~_. .._ I'' ktli' it r ,~~ >rr,~ is :( 1-' ~ ~ IOWA CITY, Iowa - It appears the tailgating magic will vanish from the site that formerly was home to the famed Magic Bus. Doug Boothroy, Iowa City's director of housing and inspection services, has denied atemporary- use permit to the backers of a new tailgating venture called the Stadium Club. The group needed the permit to hold tailgating events across the street from Kinnick Stadium at 8i~ Melrose Avenue and 5 Triangle Place. Boothroy also is recommending that the Stadium Club be denied a liquor license. The Stadium Club supplanted the Magic Bus from the site, but now they face the same uncertain future as the Magic Bus, which recently was denied a permit by the city for the site where it wanted to relocate. "I'm not going to say it breaks my heart," Jeremy Freerks, 39, said of the news about the Stadium Club. He has been involved with the Magic Bus since it began in the early 199os. The Stadium Club planned to charge for entry and have live music, television and beer. That type of activity is not allowed on the residentially zoned land where the Stadium Club was to go, so it needed what is known as a temporary-use permit. Boothroy said such permits allow for deviations from the code that are truly temporary, but the ~ O~ Stadium Club paved the entire backyard and put up fencing. He also said the commercial ~ ~~ aspects are not compatible with residential use, the Police Department determined there was not adequate emergency access and the 23 parking spaces to be leased violate the zoning code. That violation also is why he's recommending the Stadium Club be denied a liquor license. The Stadium Club's Tracy Barkalow declined to comment for this story. He also is part of the^~-~~~_'~_a,~~~ group that owns the property were Stadium Club was to be located. '. ;, ~ ~~ 'AUG ~ ~ Iowa's first home ame is three weeks from this Saturday. F o'`y ci"~ g Icwa Cin~, lo~~.va Sods nil ~n bC ~. Freerks said the Magic Bus is considering; a couple of pr<~periies farther from the stadium in Iowa City and Coralville. Whether those will work will depend at least partially on };ctting approval from either city. Temporary-use permits are in some ways subjective. The Magic Bus and Stadium Club are the first two commercial ventures the city has removed from the tailgating scene over the lack of a permit. Boothroy has said he will not target the many homeowners who make money by allowing fans to park on their property. Do you agree with the city's decision to deny the Stadium Club? ~ Yes r No ~' Other {use comrr~ent section t~elow} ,~_~. 'rte; SUlts ;rYr .~~l~:rP 1_fii5t.'~r~iCe' A F?i iii ~~. A_.. ~vd~O AUG 16 ZQ1Q City Clerk '~ ~:owa Ciy, Iowa ,S:,oS P~ ~ K~ ~~~~ au ~ i 6 2.010 Icwa ct~.y ity, 1~5 p /~'L ~.~ Magic Bus Location Debate could Involve All Tailgaters x'c:stecs ,?~,ly ~!i?...t! ' ; .. >y Justin FosslSourrePAedia Group News IOWA CITY -The Magic Bus might need some real magic to stick around another year. The tailgating tradition is looking for a new place after new owners upped the rent of their old spot. Neighbors of the new spot don't want any new noise and mess, and expressed that at a public forum brought together by the city's Inspections and Housing Department. "We've just had a couple people force their way into our house when they're drunk and they don't know where they are doing and what they are doing," said Shawn Sato, 27 Iowa City. Any commercial venture along Melrose Ave. always needed apermit -but the city admits it never enforced that rule. With the bus drifting closer to homes and farther from Kinnick, the city's Inspections Department is finally stepping in. "We can tolerate that kind of thing because we're sports fans and that's part of living in a University Community... if it gets bigger than that, it gets beyond the whole feeling of what tailgating and game day is all about," said Doug Boothroy, Director of Housing and Inspections. And the city says it's all getting bigger. Boothroy notes the Magic Bus's old property, and said the owners wanted to essentially build a bar, equipped with cabana's and big TV's. "There's been an evolution of the sophistication of the kinds of activities over there and at some point you've got to call that, and we're calling it at this point in time," said Boothroy. It's a tough sell for some hawkeye fans. Some of those fans have spent more years partying at games than some of the neighbors have spent living near the stadium. .t..plis entry ~v~:s post~cf in government, human interest. lifestyle and leisure, sport ,~nc! tac~ge::i Hawkeyes Iowa City, kinnick. magic bus, tailgating. l3oc;krx~ark tl~e permaGnk. AU G 16 2.010 Iowa Cit,~,/ Denies 1 Permit for Ma is ~ Bus ~°"a~;:~:t°`"gin ~ ~ ~ `~ P~~ rou ~ ~ ~i ? t:~'v Justin ~oss'SourceMedi ~'JStc'i? ,I,~I~ ji:; p News rN.`~~ z z Updated at 7:25 p.m. with entire story IOWA CITY -The Magic Bus won't be rocking out for tailgaters in Iowa City at the location they were hoping for, and might not be rocking out at all this football season.. Thursday, the city's Housing and Inspection Services Department denied the temporary-use permit the Magic Bus was seeking. In the ruling, Director Doug Boothroy cited multiple factors. Boothroy said one of the biggest factors is that the neighbors didn't want to have the added crowds near them. That neighborhood is known as Olive Court. The area has long been known as a tailgating hot spot. Boothroy also said the Iowa City Police and Fire departments were concerned about access for emergency vehicles to the proposed location. He said they were concerned that the new location didn't have enough public and emergency access. 7~~~ O~n OrV~ ~1.~ ? This is the first, and so far only, commercial venture the city has removed from the tailgating scene for lack of a required temporary-use permit to operate as a commercial venture in a neighborhood zoned for residential use. There are multiple commercial ventures in the same general area near Kinnick, and Boothroy said his department has tolerated them in the past, and not required the permits mandated by city code. Boothroy said he would not target the dozens of homeowners who generate money by selling or renting out their lots or driveways for fans to use for parking. This es~t~y was posted ire arts, culture and entertainment, government. lifestyle and leisrsre and tagg:_>d Football, Nawkeye Iowa City. magic bus, tailgating. pool<r~a°k the permaiink -~ ~-~~~~~ CICy Clerk " jG~Y3 Ci[y, lCIW'1 5 :,0 5 o M ~~~ 7 .. -~Wr 4 1~. .~ .--. . r"'"~ ~'' ~j~1 ~~ j~ ~~ Lill 1 D.,»rt;~ ~at <'.fl{,~i~;i ,~ a.~d In F ~~t~.,n tier ~i~..e~ tt ,.as~:~ y or Sir~_ t F•..+a C i v ~ eva 5-110 ~~ ~~ '~~`~ July 16, 2010 ~-' AUG ~ 6 ?U1U csq- ci~,>; . Outside Properties LL.C' tcwa City, to~wa ~: /1'~ c/o Tracy Barkalow „ ~,r ~ 12I~ Highway 6 West #~40U ~'~~ Iowa City, IA 52246 Dear Mr. Barkalow, Through emails sent from your office and calls to the City Clerk, it has come to the attention of this office that you are planning a large commercial alcohol related use on home football game days at 817 Melrose Avenue. We are aware of the commercial uses that have evolved over the years along Melrose Avenue on home football games days. We are also aware that, historically, the City has not addressed these uses. However, because it appears that the commercial uses on Melrose are growing in scope and the potential for very negative consequences for the neighborhood is increasing, the time for addressing this issue has come. 1'he proposed commercial alcohol related use for 81`7 Melrose will require a liquor license. As part of the application process, various City departments, including Housing and Inspection Services, have to approve the license. Because this use would be violation of the Iowa City zoning regulations, Housing and inspection Services will not ire approving the License application. The sale of alcohol on this property will not be permitted. Also, any large scale commercial use such as the renting of` cabanas for individual tailgating parties will not be permitted. You have already received notification that the use of the back yard as a year round commercial parking lot will not be permitted. Advertisements for monthly parking still appear on the Craig's List and your own web site. The advertising of monthly commercial parking must cease. If you have any questions or wish to discuss this matter further, please contact me at 319-3~6-5120. 7`l;<;pll;~<~u, ~~^ ,-:~-,-~ ~ ,,jam , ~~.m.~ t" `f ~~~~ Ream ~C'ode Enforcement Assistant t ~ ~ ~ New Magic Bus site meets resistance from neighbors Rachel Gallegos • Iowa City Press-Citizen • July 21, 2010 The popular football tailgating location known as the Magic Bus is meeting resistance from its new neighbors. Magic Bus organizers and area residents filled an Iowa City Public Library meeting room Tuesday n fight to share their thoughts. Beginning this year, the Magic Bus will be required to have an Iowa City temporary use permit to operate. Doug Boothroy, Iowa City's director of Housing & Inspection Services, said the new Magic Bus location is "a different site totally" from the former site. The old location at 817 Melrose Ave. was across the street from Kinnick Stadium, compared with the new Magic Bus home at 110 Woodside Drive, a location that takes participants back into an Iowa City neighborhood, Boothroy said. It's one thing when tailgating is a social activity on gameday, but "it's another thing when it gets to be business," Boothroy said. "There's a point where it's too much," he said. The Magic Bus, owned and operated by the Iowa City Ducks Rugby Football club, is a nonprofit organization that donates 100 percent of proceeds to local charities. The 817 Melrose Ave. location is being taken over by afor-profit tailgating group called Stadium Club. Stadium Club owners said in June they plan to donate a portion of their proceeds to charities. Boothroy said he would give residents and Magic Bus organizers a week to submit more information or petition signatures. He said he would make a decision on the temporary use permit July 29. "I don't think he can overlook what we do for the community and our record," Magic Bus organizer Jeremy Freerks said. If the temporary use permit is not granted, Freerks said he didn't know if the Magic Bus could operate this fall. "This was a place we could come this year," he said. Residents in the area said they've worked to make the area afamily-friendly tailgate area, especially after the former Neuzil estate, home to hundreds of tailgaters for each home game, was purchased for a condominium development that now is under construction. The new Magic Bus location would be fenced off, taking up a portion of the private drive and parking spaces at the dead-end point of Woodside Drive. The only clear path to this Woodside Drive location is via private property, residents said. Resident Michael Flaum said he considers himself "pro-Magic Bus" but dislikes the location they chose, just south of his property. Flaum's property also is the only clear walkway from the stadium to the new Magic Bus site, he said. "It is scary as hell already, the way it is today," Flaum said. "We lose control completely on the big games." "We have no way to deal with people who are drifting in," he said. Residents submitted a petition opposing the temporary use permit for the Magic Bus with signatures from every inhabitant -- owner and renter -- on Olive Court, among others. AllvorfimmcnT Al1G 16 `l_01~ City Clerk Iowa Cit , low~a S.' a,$ OAS ~ ~C-IL- ~- ~"~~~ \ ~~ ~~~~ ~ ~ ~-' f~ j ~a ~ ~r~, ~~ ~~If] Dental student Jason Rogers, who lives in the condominiums near the new Magic Bus site, was one of the few residents in the area urging the city to give the new location a chance. "I really don't think bringing the Magic Bus is going to be that big a deal," he said. "There's lots of tailgating all around here. Why not give it a shot?" The Magic Bus has been an Iowa City tailgate destination for 15 years and now attracts about 1,000 people throughout the day on home gamedays, organizers said. People who pay for admission to the Magic Bus receive a wristband that gets them in the gate to listen to live music and drink unlimited beer. Organizers estimated they have 25 kegs of beer for each home gameday. Fifteen to 20 security personnel are present at all times for the Magic Bus -- checking IDs, issuing wristbands, roaming the crowd and stationed near the beer truck, organizers said. "It's responsible tailgating, plain and simple," said Allen Miller, a member of the rugby club. Advartisament ~. e- ~" ~~~~ AIJG 16 101Q Ciry Clrrk " Icwa Ci[~; ,Iowa .S-©5 P~ ~~L /h'~~• ,. ~ _ z ~r HAYEK, BROWN, MORELAND 8~ SMITH, L.L.P. ATTORNEYS AT LAW WILL J. HAYEK Itsaa-taezl JOHN W. HAYEK DAVID E. BROWN JOSEPH T. MORELAND MATTHEW J. HAYEK ALISON WERNER SMITH BENJAMIN P. HAYEK' 'ALSO LICENSED IN MINNESOTA 120 EAST WASHINGTON STREET IOWA CITY, IOWA 62240-3924 TELEPHONE (319) 337-9606 FAX (319) 338-7376 www hhbmlaw com OF COUNSEL: C. PETER HAYEK Jelly 27, 2010 Mr. Tracy Barkalow Barkalow & Associates Realtors 1210 Hwy 6 400 Iowa City, Iowa 52246 RE: Beer distribution at tailgate parties Dear Tracy: i~_,~~ AU G 16 2.010 Ciry Clcrk ` tc~wa Ci:p, lo~a~s VN..I~I~- This letter is a follow up to our telephone conversation we recently had regarding the above-referenced matter. You asked me to look into whether your LLC would be exposed to a bootlegging charge if beer was given away at a tailgate party. My understanding is that there would be a $10 charge to enter the tailgating area and once inside, beer would be given away for free. I spoke with Karen Freund of the Iowa Alcoholic Beverages Division ("ABD") regarding their policy on this issue. Iowa Code Section 123.59 defines bootlegging as directly or indirectly selling or delivering alcoholic liquor, wine, or beer in violation of law. Thus, the question you proposed to me comes to whether there is a "sale" of alcohol by giving it all away for free once a cover charge is paid to enter the tailgating area. The current policy of the ABD is that as long as the entity giving away the beer does not recoup its expenses for the cost of the beer, it does not qualify as bootlegging. It is my understanding that the cover charge is to go towards covering the expense of the band and that you will not be recouping any of the expenses for beer. Further, you have told me that someone will be donating the beer and will not be repaid for their donation. Finally, it is my understanding that the proceeds from the cover charge will go to charity. Based upon all this information, I do not believe that the LLC will be exposed to a bootlegging charge. We also discussed the fact that if beer is given to a minor, that there will be an exposure to a giving beer to a minor charge. It is my understanding you are taking appropriate precautions to make sure that no minors are allowed within your tailgating area in order to receive a free beer. Finally, it is my understanding that you will be seeking a temporary liquor license. I would encourage you to pursue the liquor license as you would not have to worry about the ABD changing its enforcement policies and you would be additionally covered/protected by the state's requirement that you obtain dram shop insurance coverage. If you have any questions regarding any of this intormation, please do not hesitate to contact me. I thank you for the opportunity to he of assistance in this matter. J'TM:ms \~ ~~.~~.;~ AUG 16 2010 Cin• Clerk FOPiii Clt',~, ~OWa r~,KIL TITZE, INGO R TR,TITZE, R KATHERINE TR -Rental??? 2 Triangle Place Iowa City Iowa SHULTZ, ELLIS R,SHULTZ, CATHLEEN T -Rental Property 3 Triangle Place Iowa City Iowa SHULTZ, ELLIS R,SHULTZ, CATHLEEN T -Rental Property 5 Triangle Place Iowa City Iowa RACHMAN-FLEMING RENTALS -Rental Property 6 Triangle Place Iowa City Iowa UNIVERSITY OF IOWA -Rental Property 7 Triangle Place Iowa City Iowa UNIVERSITY OF IOWA -Rental Property 8 Triangle Place Iowa City Iowa EASTERN IOWA CAMPUS MINISTRY- Rental Property 10 Triangle Place Iowa City Iowa ~~~a~~ AUG 16 2010 City Clcrk '• Iava City, Iowa S:oS ~~ Yk. KIL ~~~®~ July 29, 2010 + ,ttyrwr~~ BY HAND DELIVERY "'''~-~-- CITY OF IOWA CITY Joseph T. Moreland Clty Attorney's office Hayek, Brown, Moreland & Smith, L.L.P. 4to East washtngton Street 120 East Washington Street to~va ctty, to~va szzgo-tsz6 Iowa City, IA 52240-3924 (319) 35G-5030 ~'~~ ~ (319) 356-SQ08 FAX ~~~H~~~.Icgov.org Re: "Stadium Club° -bootlegging AlJ ~ 16 2010 City Clerk ': Dear Joe, i0W`~ci~~~p/k ~~ 5 Mr. Barkalow provided your letter to him of July 27, 2010 to Doug Boothroy and Doug in turn provided it to me. I am concerned about your conclusion that Mr. Barkalow's intended operation at 817 Melrose and 5 Triangle Place would not be bootlegging if he does not secure a liquor license. While the Stadium Club may be receiving the beer from an entity for free the Stadium Club will then be serving the alcohol to individuals who have paid money to the Stadium Club and from which the Stadium Club will recoup their expenses. Since the City first became aware of Mr. Barkalow's intended operation it has been clear that this is a commercial operatian. Mr. Barkalow and his associates do not reside at these properties. The yards of the two properties have been paved and fenced and the availability of year round parking and "tailgate spots" has been advertised. While the facts have been somewhat of a moving target, based on City staff's conversations with Mr. Barkalow and his agents it is clear that this is a for profit venture. Further complicating the matter is that it appears that at least one of the individuals partnering with Mr. Barkalow in this venture has a family connection to the owner of a local licensed establishment. The status of the "Stadium Club" is also unclear. During a recent meeting Mr. Barkalow stated to me that the "Stadium Club" was an LLC but was investigating "non-profit status", and that he was not a partner. However, the recent application for a temporary use permit filed with the City lists the "owners" as Chris Querrey, James Clark and Tracy Barkalow and we are unable to find a listing for the entity on the Secretary of State's website. I have enclosed a copy of the application for your information Sin Kely, / ~ Eleanor Dllkes City Attorney Encl. cc: Karen Freund, Iowa Alcoholic Beverages Division w/cc of 7!2712010 Moreland to Barkalow letter Marian Karr, City Clerk Dale Helling, Interim City Manager Doug Boothroy. Building Official r i= CITY nF lOW/\ CITY :.~.r.~;.~~ ~~,II,;~~ ~ RA N d U IVY 11/1 E ]V~ ~~ ~~~~~ Date: August 11, 2010 To: Stadium Club Jeff Clark Tracy Barkalow From: Douglas Boothroy, Di ec r of oust Re: t_iquor License and Tem rary Use Pe Place AUG 16 ?_010 icwa Ci<<, town S: 05 Paz kc iKt~. spection Services and Building Official ~r 817 Melrose Avenue and 5 Triangle Background The Stadium Club proposes to hold tailgating events at 817 Melrose Avenue (located across the street from Kinnick S#adium} and 5 Triangle Place during Iowa football home games. The events would include live music, televisions throughout the premises for watching the game, and tap beer after payment of an entry fee. Current zoning for the two properties is RS-5 (low-density single family residential). This type of commercial activity 'ts not permitted by right in residential zones. Therefore, the Stadium Club has applied for liquor license and temporary use permit which need to be approved before the Stadium Club tailgating events can occur. Liquor License The Stadium Club needs approval of a liquor license in order to hold their proposed tailgating events. As the Building Official I am recommending that the liquor license be denied. The property has an outstanding zoning violation, of which you have been notified. The property owner has completely paved the rear yard area and offered leased parking to the public. The business of providing commercial parking in a residential zone is prohibited. The City Code does not allow liquor licenses to be approved for a premise which does not conform to all applicable laws and provisions of the City Cade. Temporary Use Permit The purpose of the temporary use permit regulations is to allow short-term and minor deviations from the requirements of the Iowa City Code which are truly temporary in nature (i.e., can be Terminated and removed with no permanent improvements to the site) and will not adversely impact the surrounding area and land uses. Based on review of the information and documentation submitted by the Stadium Club and comments from the Iowa City Police Department, I have reached the following conclusions: 1. The owners of the property on which the Stadium Club proposes to operate have installed permanent improvements (paving the entire rear yard area with fencing}. Under the temporary use provisions, temporary uses are truly #emporary in nature and permanent improvements to the site are clearly prohibited. 2. The Stadium Ciub is a commercial venture with live music and alcohol after payment of an entry fee. This use is not compatible with the residential use on the site. For example, under the City Code, an outdoor service area liquor license, is not allowed within 100 feet of a residential use. In addition, permanent improvements have been installed on August 11, 2010 Page 2 the premises to support the commercial use and are not compatible with neighboring residential uses or the residential character of the area. 3. The Iowa City Police Department has determined adequate emergency access is not available. Therefore, the site does not provide adequate emergency access to the Stadium Club venue. 4. The property is currently in violation of the Iowa City Zoning Code. The property owners created, marketed, and leased approximately 23 parking spaces in slow-density single family residential zone, arld this is a violation of the lows City Zoning Code. Therefore, based on the above conclusions, the Stadium Club's temporary use permit is denied. cc_ City Council Marian Karr, City Cterk Dale Helling, Interim City Manager Eleanor Dilkes, City Attorney hisadmlmemistadiumclub8101 D.doc .R.. ~ ~~A AU G 16 2010 City Clerk '? Icvva City,. 1o~Na .S:O 5 P/~ ~ r~~ ~~ The Stadium Club Facts City of Iowa City Council Meeting August 17, 2010 Our presence here today is to present the facts as they pertain to the Stadium Club and its application for a Temporary Use Permit and Liquor License and the subsequent denial of both. We would like to clarify the main issues discussed in the work session last night. We will also point out a few facts that were excluded from the meeting last night. Based on comments made at the work session last night, it is apparent to us that some city officials have confused the Stadium Club as the actual property owners, which is a mistake. We feel that the denial of our permit application was based upon this erroneous portrayal. Here are the pertinent facts in the matter: The Stadium Club was formed in March of 2010. We initially contacted the City Housing Department to inquire about permits and or ordinances needed to host an event such as that we were proposing. We asked the city official "What would we have to do in order to hold an event similar to the Magic Bus on the same site, are there permits required?" The response from the City Official was "no, it is a free for all in that area, nothing is enforced and it is like a carnival in that area on game day." a. In the packet presented last night, there are multiple articles documenting support of this statement. 2. Ms. Eleanor Dilkes, the city attorney, attributed all property improvements to the Stadium Club. She cited that the Stadium Club paved the backyard and installed new fencing. She cited these "actions by the Stadium Club" as cause for the city to "React." That is flat wrong. The property is owned by Outside Properties LLC, not the Stadium Club, clearly they are two separate entities. It was at the sole discretion and expense of Outside Properties LLC to pave the backyard and install the new fencing. The improvements were made to make the property safer for the tenants' daily usage and to allow easier access for maintenance vehicles during the winter. The improvements were not made for the Stadium Club nor, I reiterate, by the Stadium Club. 3. The code violation cited in the denial was directed towards Outside Properties LLC. It our understanding that on Friday August 13th Outside Properties LLC and Mr. Boothroy met in person to discuss the violation and have come to an informal resolution. Again, the code violation is an issue for the property owners, not the Stadium Club. 4. Events similar in nature to what we have proposed at 817 Melrose have been occurring for nearly 20 years with police awareness, little or no code enforcement and in plain public view. The Stadium Club complied with any and all city requirements regarding the Temporary Use Permit and the required Liquor License. The same permit and license that we were told were not necessary in March. We are one of only two groups required to obtain a Temporary Use Permit amidst the hundreds of various commercial entities on and around Melrose Ave on game days such as food and merchandise vendors and private property owners profiting from tailgate parties on their property. Unlike the Magic Bus' proposed new location and subsequent public concern from the nearby residents, we have no public resistance to our location. Additionally, our two access points are on public streets. We feel we have equal if not more adequate emergency access to our site as compared to other locations such as the Kinnick Society parking lot across the street from our event or the pedestrian mall downtown. 6. In our business plan submitted to the city during the application process, we stressed that the Stadium Club would be 21 only for the duration the entire day. We further indicated that security personnel would be on hand to monitor all activities. Beer was to not be freely dispensed but individually served to better monitor individuals' consumption. In our opinion these steps would make the Stadium Club a safer and more responsible tailgating event compared to any other unsupervised one. 7. In conclusion, with the facts stated today, and in the spirit of fairness and equal enforcement of city code, we are asking the city council to use your authority to approve our temporary use permit and liquor license to allow us to hold our planned event. We further suggest that the city council impose a moratorium not allowing any changes on all commercial entities conducting business on game day near Kinnick Stadium for this upcoming football season. It is clear that the city needs to put an ordinance in effect to address commercialized entities on game day city wide and to fairly and equally regulate them on those days. We as members of the Stadium Club would be more than happy to assist the city on any new ordinances that address this issue. It is our understanding that the property owners intend to submit a game day overlay ordinance to the city shortly to address this in a more formalized manner. Thank you for your time and consideration of this matter. We look forward to the city council's guidance and direction on this matter. f~ ~ ,~ ' fi ST; ~uM .> The Stadium Club: Operational Plans Mission Statement a. To provide a safe, secure and enjoyable live music entertainment option during University of Iowa home football games. To create a fun, lively atmosphere for all fans. The Stadium pledges to commit all net proceeds to local charitable organizations each week. 2. What is the Stadium Club? a. Owners i. Chris Querrey ii. James Clark iii. Tracy Barkalow b. Location i. The Stadium Club is an event open to the public at 817 Melrose Ave. and 5 Triangle Place in Iowa City, IA. ii. A six-foot high fence is installed around the entire perimeter of the Stadium Club premises to deter unwarranted access. iii. There will be two entrances/exits, both on public thoroughfares. 1. Primary Entrance: Melrose Ave. to the North. 2. Secondary Entrance: Triangle Place to the East. c. Hours of Operation i. During home football games commencing at 11:00 AM, the Stadium Club will open at 8:00 AM and will close approximately two hours after the end of the game. ii. During home football games commencing at 2:30 PM, the Stadium Club will open at 8:00 AM and will close approximately two hours after the end of the or upon dusk, whichever occurs first. iii. For 10/02/2010, Penn State at 7:05 PM. The Stadium Club will open at 11:00 AM and Close at the end of the game. iv. We will be onsite Friday afternoon and evening before home games for setup and Sunday mornings for cleanup. v. The Stadium Club will not be in operation for University of Iowa away football games. 3. Operational Summary a. Security... Who gets in? i. The Stadium Club will be open to only those of legal drinking age and older. NO ONE under 21 will be allowed inside the Stadium Club. ii. We will have wristbands identifying patrons whose id has been checked at the door. Theses wristbands will change each week to prevent fraudulent entry. iii. A camera system will be employed to match each and every ID checked to the person who displays it. We will be vigilant in denying ID's that appear to be fake or misleading. iv. Persons found to be inside under false pretense or those without a wristband will be asked to leave premises. v. We will employ approximately 15-20 security personnel who will be aptly identified as such by uniform. 4. What goes on inside the Stadium Club? a. We will provide live musical entertainment for the duration of the pre- game and post-game hours of operation. b. Televisions will be located throughout the premises for watching the game as it happens. c. Tap beer will be provided free of charge to all who enter. d. The distribution of beer will be limited to one cup, one person and staff will be responsible for dispensation. i. To be clear, the beer taps will be behind a barrier and all dispensation will be monitored and administered by staff. ii. Anyone who appears intoxicated will either not be let onto the premises in the first place or will be given a full refund and asked to leave the premises. 5. Operating Costs a. Gate proceeds will pay for band fees, security, sound equipment, rent, liability insurance and other expenses such as cups and CO2. 6. Cabanas a. Cabanas can be rented for corporate or individual entertainment hosting. 7. Restrooms a. We will be contracted with Port o Johnny of Hiawatha to provide necessary restroom facilities. We anticipate the need of 12-15 units. 8. Stage a. The City of Coralville's Showcase stage has been reserved for use as the stage facilities. 9. Sponsors a. Billion Automotive of Iowa City b. Voss Distributing c. 98.1 KHAK & 94.1 KRNA 10. Charities a. 100% of all net proceeds will be donated. b. Local charities such as United Way of Johnson County, Big Brothers Big Sisters, Reach for Your Potential, University of Iowa Children's Hospital - Touchdowns for Kids, Systems Unlimited and the local humane society will be targeted for monetary donations. 11. Insurance a. Terry McDonald of AW Welt Ambrisco is the insurance agent for the Stadium Club. He can be contacted for any questions at 887-3700. b. We have secured Dram Shop insurance with Founders Insurance. It has been submitted online with the Alcoholic Beverages Division. 12. Liquor License a. The Stadium Club has applied for a Class C Liquor License with the State of Iowa Alcoholic Beverage Division (ABD). b. We are awaiting approval of Temporary Use License by the City of Iowa City. Upon local approval, the ABD will approve liquor license. 13. Summation a. The Stadium Club's main entry point is directly across from Kinnick Stadium on Melrose Ave. b. The entire perimeter will be fenced off with brand new chain link fencing that is over six feet high. c. 817 Melrose has been the site of similar events for nearly two decades. d. We will abide by all local and state regulations regarding the distribution of alcohol. We intend NOT to allow any person under legal drinking age onto the premises. e. All exterior structures, such as stage and restrooms, will be removed from premises by Sunday evening after each home football game.