HomeMy WebLinkAbout2013-04-23 ResolutionM'
Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5043
RESOLUTION NO. 13 -123
RESOLUTION TO ISSUE DANCING PERMIT
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing
Permit as provided by law is hereby granted to the following named person and at the
following described locations upon his/her filing an application, having endorsed thereon
the certificates of the proper city officials as to having complied with all regulations and
ordinances, having a valid beer, liquor, or wine license /permit, to wit:
Loyal Order of Moose Lodge 461096 - 3151 Highway 6 East
First Avenue Club - 1550 S. First Avenue
Passed and approved this 23rd day of April , 2013
AA�./�k
MAYOR
ATTEST:
CIT CLERK
Approved by
City Attorney's Office
It was moved by Champion and seconded by Payne the
Resolution be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
x
Champion
x
Dickens
x
Dobyns
x
Hayek
x
Mims
x
Payne
x
Throgmorton
Sc(14)
M�
Prepared by: Chris O'Brien, Transportation Services, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5156
RESOLUTION NO. 13 -124
RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE CITY MANAGER TO
SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR REPLACEMENT OF
TRANSIT FARE COLLECTION SYSTEM FOR THE TRANSPORTATION SERVICES
DEPARTMENT.
WHEREAS, the City of Iowa City issued a joint RFP with the City of Coralville for replacement of the existing
transit fare collection system; and
WHEREAS, SPX Genfare Inc., has received the highest average score through the RFP evaluation process
for replacement of the transit fare collection system for the Transportation Services Department; and
WHEREAS, the Transportation Services Department received grant funding to cover 50% of the $504,284
cost to replace the existing system.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,
THAT:
The contract for the above -named project is hereby awarded to SPX Genfare Inc., subject to the
condition that awardee secure adequate insurance certificates and complete contract compliance
program documents.
2. The City Manager is hereby authorized to sign the contract, subject to approval by the City Attorney's
Office.
Passed and approved this 23rd day of April , 20 13
MAYOR
�
t/ Ap roved by
n
�' i
ATTEST: '1ak�
CITY'CtERK City Attorney's Office
It was moved by Champion and seconded by Payne the Resolution be adopted,
and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Dickens
Dobyns
X Hayek
X Mims
X Payne
X Throgmorton
�= b 04-23-13
- CITY OF IOWA CITY 5d(7)
�
Has MEMORANDUM —
Date: April 11, 2013
To: Tom Markus, City Manager
From: Chris O'Brien, Director of Transportation Services
Re: April 23, 2013 City Council Meeting
Introduction: At the April 23, 2013 City Council meeting, consideration will be given to a
resolution approving award of a contract for replacement of the existing transit fare collection
system for the Transportation Services Department to SPX Genfare Inc.
History /background: Iowa City currently is equipped with fareboxes and software form GFI
Genfare, now SPX Genfare. Twenty -seven fare boxes are installed on our buses with two
additional spare units for circumstances when an equipment failure results in having to swap out
units. In addition, Iowa City is also equipped with a secure vault to handle the daily revenues
deposited in the fareboxes while buses are on route. The current units are over 15 years old
and have outlived the useful life of the system.
The Transportation Services Department received a joint grant award along with the City of
Coralville to replace our existing transit fare collection systems. The grant agreement covered
50% of the project cost with the remaining 50% to be covered by Iowa City and Coralville. A
joint RFP was issued and responses were received on January 8, 2013.
Discussion of Solution: The RFP resulted in two responses, SPX Genfare Inc. and Fare
Logistics Inc. A four person committee scored the two proposals with SPX Genfare Inc.
receiving the highest average score.
Financial Impact: The cost of replacing the existing fare collection system is $504,284.00.
Grant funding will cover $252,142.00 with the remaining $252,142.00 being funded out of the
transit equipment replacement reserve. The current reserve balance for transit is just over $3
million.
Recommendation: It is the recommendation of the Transportation Services Department to
award the contract for replacement of the existing transit fare collection system to SPX Genfare
Inc.
&49
April 23 ,2013
The City Council of the City of Iowa City, State of Iowa, met in regular
session, in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at
7:00 o'clock P M., on the above date. There were present Mayor
Hayek , in the chair, and the following named Council Members:
Will 4�1 =400 M14
Throgmorton
Absent:
5'd R -� I
Council Member Champion introduced the following Resolution entitled
"A RESOLUTION AUTHORIZING THE REDEMPTION OF OUTSTANDING
TAXABLE GENERAL OBLIGATION BONDS, OF THE CITY OF IOWA CITY, STATE
OF IOWA, DATED MARCH 1, 2004, AND DIRECTING NOTICE BE GIVEN" and
moved its adoption. Council Member Payne seconded the motion to adopt.
The roll was called and the vote was,
AYES: Champion, Dickens, Dobyns, Hayek, Mims,
Payne, Throgmorton
NAYS: None
Whereupon, the Mayor declared the resolution duly adopted as follows:
Resolution No. 13 -125
RESOLUTION AUTHORIZING THE REDEMPTION OF
OUTSTANDING TAXABLE GENERAL OBLIGATION BONDS,
OF THE CITY OF IOWA CITY, STATE OF IOWA, DATED
MARCH 1, 2004, AND DIRECTING NOTICE BE GIVEN
WHEREAS, the City did by resolution dated February 17, 2004, authorize the
issuance of $7,305,000 Taxable General Obligation Bonds, (the 'Bonds ") dated March 1,
2004; and
WHEREAS, the Bonds are redeemable in any order of their numbering on
June 1, 2013 or any interest payment date thereafter upon giving notice in the manner
provided in the resolution authorizing the issuance of the Bonds; and
WHEREAS, it is deemed necessary and advisable that $5,210,000 be so redeemed on
June 1, 2013, and notice of redemption be given according to the terms of the resolution
authorizing issuance of the Bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, STATE OF IOWA:
Section 1. That outstanding Taxable General Obligation Bonds, dated March 1, 2004,
in the principal amount of $7,305,000, be and the same are hereby redeemed as of June 1,
2013.
-2-
The City Controller is hereby authorized and directed to cause notice of such
redemption be given not less than thirty (30) days prior to the redemption date and to cause
notice of redemption to be mailed to the registered owners of the Bonds by ordinary mail.
Section 2. The Finance Director is hereby authorized and directed to cause to be
deposited in a separate fund sum sufficient to pay all principal and interest on the redeemed
Bonds to the date of redemption.
Section 3. That the form of such notice be substantially as follows:
-3-
NOTICE OF THE CALL OF BONDS FOR REDEMPTION TO THE HOLDERS OF THE
FOLLOWING DESCRIBED BONDS:
Please take notice that the Bonds described below have been called for redemption.
Owners of the Bonds should present their Bonds for payment on the redemption date.
Issuer: City of Iowa City, State of Iowa
Original Issue Amount: $7,305,000
Bond Issue: Taxable General Obligation Bonds, Series 2004
Dated Date: March 1, 2004
Redemption Date: June 1, 2013
Redemption Price: At Par
Bonds Called for Redemption
CUSIP
Principal
Interest
Maturity
Numbers
Amount
Rate
Date
462308 UPO
$405,000
4.750%
June 1, 2014
462308 UQ8
$425,000
4.750 %
June 1, 2015
462308 UR6
$450,000
4.800%
June 1, 2016
462308 US4
$475,000
4.875%
June 1, 2017
462308 UT2
$500,000
4.900%
June 1, 2018
462308 UU9
$525,000
5.000%
June 1, 2019
462308 UV7
$555,000
5.125%
June 1, 2020
462308 UW5
$590,000
5.250%
June 1, 2021
462308 UX3
$625,000
5.300%
June 1, 2022
462308 UY1
$660,000
5.400%
June 1, 2023
No representation is made as to the accuracy of the CUSIP numbers printed herein or
on the Bonds.
The above Bonds should be presented to City Controller, Iowa City, Iowa. This
represents a full call of the outstanding obligations. All interest will cease to accrue on the
Redemption Date.
CITY CONTROLLER, Iowa City, Iowa
(End of Notice)
In
PASSED AND APPROVED this 23rd day of April , 2013.
ATTEST:
City Cler
00935748 -1 \10174 -431
Mayor
-5-
CERTIFICATE
STATE OF IOWA )
) SS
COUNTY OF JOHNSON )
I, the undersigned City Clerk of the City of Iowa City, State of Iowa, do hereby
certify that attached is a true and complete copy of the portion of the corporate records of
the City showing proceedings of the City Council, and the same is a true and complete
copy of the action taken by the Council with respect to the matter at the meeting held on
the date indicated in the attachment, which proceedings remain in full force and effect,
and have not been amended or rescinded in any way; that meeting and all action thereat
was duly and publicly held in accordance with a notice of meeting and tentative agenda, a
copy of which was timely served on each member of the Council and posted on a bulletin
board or other prominent place easily accessible to the public and clearly designated for
that purpose at the principal office of the Council (a copy of the face sheet of the agenda
being attached hereto) pursuant to the local rules of the Council and the provisions of
Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at
least twenty -four hours prior to the commencement of the meeting as required by law and
with members of the public present in attendance; I further certify that the individuals
named therein were on the date thereof duly and lawfully possessed of their respective
City offices as indicated therein, that no Council vacancy existed except as may be stated
in the proceedings, and that no controversy or litigation is pending, prayed or threatened
involving the incorporation, organization, existence or boundaries of the City or the right
of the individuals named therein as officers to their respective positions.
WITNESS my hand and the seal of the City hereto affixed this 25th day of
April , 2013.
City Ctbrk, City of Iowa City, State of Iowa
(SEAL)
00935748 -1 \10174431
CITY
OF
IOWA CITY
04 -23 -13
5d(3)
MEMORANDUM
Date: April 12, 2013
To: Tom Markus, City Manager
From: Dennis Bockenstedt, Director of Finance
Re: Early redemption of 2004 General Obligation Bonds
In 2004, the City issued $7,305,000 in taxable general obligation bonds for the purpose of
financing costs associated with the undertaking and carrying out of urban renewal projects
associated with the Plaza Towers located in Iowa City. Tax increment funds derived from the
Plaza Towers development was to be used for repayment of the principal and interest on the
2004 bonds.
The 2004 bonds were issued for a period of twenty years with final maturity occurring in fiscal
year 2023. Under the terms of the bonds, early redemption is allowed on June 1, 2013 for all
bonds maturing in years 2014 through 2023. As of June 1, 2013, the remaining balance of
bonds outstanding will be $5,210,000. If the remaining bonds are called on June 1, 2013, the
City will save future interest expenditures of $1,598,469.
The resolution before the City Council authorizes the City Controller to provide notice of early
redemption to the bond holders and for the City to redeem the bonds on June 1, 2013.
Staff recommendation is to approve the early redemption resolution and to redeem the
remaining outstanding bonds on June 1, 2013.
NOTICE TO BIDDERS
CITY PARK SHELTER SIX REPLACEMENT PROJECT
Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:30 P.M. on the 16th
day of April, 2013. Sealed proposals will be opened immediately thereafter by the City Engineer or designee.
Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals
received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City
Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 23 day of
April, 2013, or at a special meeting called for that purpose.
There will be a pre -bid meeting on Wednesday, April 3`d at 10 a.m. in the Helling Lobby Conference Room in
City Hall, at 410 East Washington Street, Iowa City, Iowa.
The Project will involve the following:
The construction of an open outdoor park shelter in lower City Park. Construction shall include, but not be
limited to, a prefabricated wood and steel shelter structure, with concrete footings and slab. The work will
include electrical and finished site grading. The contractor will be responsible for providing submittals for a
prefabricated shelter structure that are reviewed, signed and sealed by a licensed Iowa Professional. All
work is to be done in strict compliance with the plans and specifications prepared by A & J Associates, of
North Liberty, Iowa, which have heretofore been approved by the City Council, and are on file for public
examination in the Office of the City Clerk.
Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed
envelope, separate from the one containing the proposal, by a bid bond executed by a corporation
authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be
made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of
Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the
City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of
the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the
other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to
exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds
will be returned after the canvass and tabulation of bids is completed and reported to the City Council.
The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100 %)
of the contract price, said bond to be issued by a responsible surety approved by the City, and shall
guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from
all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall
also guarantee the maintenance of the improvement for a period of one (L) year(s), unless an extended
warranty is stipulated by specification, from and after its completion and formal acceptance by the City
Council.
The following limitations shall apply to this Project:
Substantial Completion: August 1, 2013
Final Completion: August 16, 2013
Liquidated Damages: $100.00 per day
The plans, specifications and proposed contract documents may be examined at the office of the City Clerk.
Copies of said plans and specifications and form of proposal blanks may be secured at the Office of
Technigraphics, 415 Highland Ave, Suite 100, Iowa City, Iowa 52240, Phone :319- 354 -5950 Fax:319 -354-
8973 Toll -Free 800- 779 -0093 by bona fide bidders.
A $30.00 refundable fee is required for each set of plans and specifications provided to bidders or other
interested persons. The fee shall be in the form of a check, made payable to Technigraphics. The fee will be
returned if the plans are returned in unmarked and reusable condition within 15 days of Council Award. A
separate and nonrefundable $15.00 shipping and handling fee will apply to plans that are sent through postal
mail.
Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and
subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of
Economic Development at (515) 242 -4721 and the Iowa Department of Transportation Contracts Office at
(515) 239 -1422.
Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with
whom the bidder intends to subcontract. This list shall include the type of work and approximate subcontract
amount(s).
The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed
subcontractors, together with quantities, unit prices and extended dollar amounts.
By virtue of statutory authority, preference must be given to products and provisions grown and coal
NTB -1
produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa
Statutes. The Iowa reciprocal resident bidder preference law applies to this Project.
The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities
and irregularities.
Published upon order of the City Council of Iowa City, Iowa.
MARIAN K. KARR, CITY CLERK
S:\ENG\ARCHI1'ECTURE FlIMProjects \City Park Shelter Six Replacement ProjectTront ends Bid documents and resolutions\notice to bidders for City Park Shelter Six Replacement
Project.doc
NTB -2
May -04-23-13
5d(4)
Prepared by: Kumi Morris, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5044
RESOLUTION NO. 13 -126
RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR
CONSTRUCTION OF THE CITY PARK SHELTER SIX REPLACMENT
PROJECT.
WHEREAS, Selzer Werderitsch Associates of Iowa City, Iowa has submitted the lowest
responsible bid of $152,900.00 for construction of the above -named project; and
WHEREAS, funds for this project are available in the Parks Annual Improvements account #
4130.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The contract for the construction of the above -named project for the base bid is hereby
awarded to Selzer Werderitsch Associates, subject to the condition that awardee secure
adequate performance and payment bond, insurance certificates, and contract compliance
program statements.
2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for
construction of the above -named project, subject to the condition that awardee secure
adequate performance and payment bond, insurance certificates, and contract compliance
program statements.
3. The Director of Parks and Recreation is authorized to execute change orders as they may
become necessary in the construction of the above -named project.
Passed and approved this 23rd day of April 12013
MAYOR
ATTEST: i
CITY RK
Approved by
City Attorney's Office
It was moved by Champion and seconded by Payne the Resolution be
adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
X
Champion
X
Dickens
X
Dobyns
X
Hayek
X
Mims
X
Payne
X
Throgmorton
SAENGWRCHITECTURE FILEWrojects \City Park Shelter Six Replacement Projecl\Front ends Bid documents and resolullons\Resolutlon to Award City Park Shelter Six Replacement Project bids recieve on 04 18
2013 award 04 23 2013 - Selzer Werderitsch Associates.dom
5d(5)
Prepared by: Daniel Scott, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5144
RESOLUTION NO. 13 -127
RESOLUTION ACCEPTING THE WORK FOR THE LANDFILL GROUNDWATER
UNDERDRAIN LIFT STATION PROJECT
WHEREAS, the Engineering Division has recommended that the work for construction of the
Landfill Groundwater Underdrain Lift Station Project, as included in a contract between the City of
Iowa City and Maxwell Construction, Inc. of Iowa City, Iowa, dated October 2, 2012, be accepted;
and
WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the
City Clerk's office; and
WHEREAS, funds for this project are available in the Landfill FY09 Cell Reconstruction account #
3321; and
WHEREAS, the final contract price is $112,164.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa.
Passed and approved this 23rd day of April 120 13
MAYOR
Approved by
ATTEST: /j c4 - f f t 3
CITY CLERK City Attorney's Office
It was moved by Champion and seconded by Payne the Resolution be
adopted, and upon roll call there were:
AYES:
X
X
X
X
X
—X
X
Pwe ng /masters /acptwo rk. doc
4/13
NAYS:
ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
ENGINEER'S REPORT
April 17, 2013
City Clerk
Iowa City, Iowa
Re: Landfill Groundwater Underdrain Lift Station Project
Dear City Clerk:
I r I
�
:ANWAM
III
wr®!Qi TW
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 -1826
(319) 356 -5000
(319) 356 -5009 FAX
www.icgov.org
I hereby certify that the construction of the Landfill Groundwater Underdrain Lift Station Project
has been completed by Maxwell Construction, Inc. of Iowa City, Iowa in substantial accordance
with the plans and specifications prepared by HR Green, Inc. of Cedar Rapids, Iowa.
This project was bid as a unit price contract and the final contract price is $112,164.00.
There was a total of two change or extra work orders for the project as described below that
amounted to an additional cost to the project of $25.20:
1. Directional drilling deduct
2. Transformer relocation
Total
$(1008.00) 1 $(1008.00)
$1033.20 1 $ 1033.20
$ 25.20
I recommend that the above - referenced improvements be accepted by the City of Iowa City.
Sincerely,
Ronald R. Knoche, P.E.
City Engineer
pweng/masters /engrpt. doc
Prepared by: Josh Slattery, Public Works, 410 E. Washington St., Iowa City, IA 52240; (319) 356 -5044
RESOLUTION NO. 13 -128
RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN
THE CITY OF IOWA CITY AND RDG IA INC D /B /A RDG PLANNING AND DESIGN OF
DES MOINES, IOWA TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE
2013 WILLIAM STREET STREETSCAPE PROJECT.
WHEREAS, the City of Iowa City desires to make improvements to the William Street public Right -of -Way
between Muscatine Avenue and Towncrest Drive within the Towncrest Urban Renewal Area; and
WHEREAS, the project improvements will include the reconstruction of the east half of William Street, on-
street perpendicular parking, sidewalks, the removal and replacement of the existing water main, and
streetscape improvements such as site furnishings, plantings, lighting, and a gateway sign; and
WHEREAS, the City and Consultant previously contracted for the creation .of a concept plan for. said
streetscape improvements; and
WHEREAS, the City desires the services of a consulting firm to prepare preliminary and final design for
construction of the 2013 William Street Streetscape Project; and
WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services with RDG IA Inc
d /b /a RDG Planning & Design, to provide said services; and
WHEREAS, it is in the public interest to enter into said Consultant Agreement with RDG IA Inc d /b /a RDG
Planning & Design; and
WHEREAS, funds for this project are available in the William Street Reconfiguration account # 3975.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,
THAT:
1. The Consultant's Agreement attached hereto is in the public interest, and is approved as to form and
content.
2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's
Agreement.
3. The City Manager is authorized to execute amendments to the Consultant's Agreement attached
hereto as they may become necessary during the design. or construction of the above -named
project.
Passed and approved this 23rd day of April 20_13__.
WE
MT17500
Approved by
ATTEST: _7e � �
CITY ERK ityAttorney's Office y1ls11S
pwenglmasterslRes- ConsultAgt.doe
Resolution No. 13-19,8
Page 2
It was moved by Champion and seconded by . Payne the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Champion
x Dickens
x Dobyns
x Hayek
x Mims
Payne
x Throgmorton
CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into this23rdday ofAnril , 2013; by and between the
City of Iowa City, a municipal corporation, hereinafter referred to as the City and RDG IA Inc d /b /a
RDG Planning & Design, 301 Grand Avenue, Des Moines, Iowa 50309 -1718, hereinafter referred
to as the Consultant.
WHEREAS, the City wishes to engage in the improvement of the William Street public Right -of-
Way between Muscatine Avenue and Towncrest Drive within the Towncrest Urban Renewal Area
hereinafter referred to as the Project; and
WHEREAS, the City and Consultant previously contracted for the creation of a concept plan for
said streetscape improvements; and
WHEREAS, the City now wishes to retain Consultant's services to prepare a site survey, a
schematic design, design development, and the creation of construction documents necessary to
enable construction of the Project in furtherance of the goals and objectives of the Towncrest
Urban Renewal Plan.
NOW THEREFORE, it is agreed by and between the parties hereto that the City does now
contract with the Consultant to provide services as set forth herein.
I. SCOPE OF SERVICES
Consultant agrees to perform the following services for the City, and to do so in a timely and
satisfactory manner consistent with that degree of care and skill ordinarily exercised by members
of the same profession currently practicing under similar circumstances at the same time and in
the same or similar locality.
See Exhibit A, attached hereto and incorporated herein by this reference.
II. TIME OF COMPLETION
The Consultant shall complete the following phases of the Project in accordance with the
schedule shown.
April 2013
April 2013
April 2013
May 2013
June- July 2013
III. GENERAL TERMS
Site Survey
Schematic Design
Design Development
Construction Documentation
Bidding & Negotiation
A. The Consultant shall not commit any of the following employment practices and
agrees to prohibit the following practices in any subcontracts.
-2-
To discharge or refuse to hire any individual because of their race, color,
religion, sex, national origin, disability, age, marital status, gender identity,
or sexual orientation.
2. To discriminate against any individual in terms, conditions, or privileges of
employment because of their race, color, religion, sex, national origin,
disability, age, marital status, gender identity, or sexual orientation.
B. Should the City terminate this Agreement, the Consultant shall be paid for all work
and services performed up to the time of termination. However, such sums shall
not be greater than the "lump sum" amount listed in Section IV. The City may
terminate this Agreement upon seven (7) calendar days' written notice to the
Consultant.
C. This Agreement shall be binding upon the successors and assigns of the parties
hereto, provided that no assignment shall be without the written consent of all
Parties to said Agreement.
D. It is understood and agreed that the retention of the Consultant by the City for the
purpose of the Project shall be as an independent contractor and shall be
exclusive, but the Consultant shall have the right to employ such assistance as
may be required for the performance of the. Project.
E. It is agreed by the City that all records and files pertaining to information needed by
the Consultant for the project shall be available by said City upon reasonable
request to the Consultant. The City agrees to furnish all reasonable assistance in
the use of these records and files.
The Consultant may use such information in performing its services and shall be
entitled to rely on the accuracy and completeness of services and information
furnished by the City and the City's consultants. The consultant shall not be held
liable for any errors or omissions arising out of erroneous or incomplete
information provided by the City and /or the City's consultants or contractors.
F. It is further agreed that no Party to this Agreement shall perform contrary to any
applicable state, federal, or local law or any of the ordinances of the City of Iowa
City, Iowa.
G. At the request of the City, the Consultant shall attend meetings of the City Council
relative to the work set forth in this Agreement. Any requests made by the City
shall be given with reasonable notice to the Consultant to assure attendance.
H. The Consultant agrees to furnish, upon termination of this Agreement and upon
demand by the City, copies of all basic notes and sketches, charts, computations,
and any other data prepared or obtained by the Consultant pursuant to this
Agreement without cost, and without restrictions or limitation as to the use relative
to specific projects covered under this Agreement. In such event, the Consultant
shall not be liable for the City's use of such documents on other projects.
The Consultant agrees to furnish all reports, specifications, and drawings, with the
seal of a professional landscape architect and /or engineer and /or any other
licensed professional, as applicable, affixed thereto or such seal as required by
Iowa law.
-3-
J. The City agrees to tender the Consultant all fees in a timely manner, excepting,
however, that failure of the Consultant to satisfactorily perform in accordance with
this Agreement shall constitute grounds for the City to withhold payment of the
amount sufficient to properly complete the Project in accordance with this
Agreement.
K. Should any section of this Agreement be found invalid, it is agreed that the
remaining portion shall be deemed severable from the invalid portion and continue
in full force and effect.
L. The City acknowledges the Consultant's construction documents, including
electronic files, as the work papers of the Consultant and the Consultant's
instruments of professional service. Nevertheless, the final construction
documents prepared under this Agreement shall become the property of the City
upon completion of the services and payment in full of all monies due to the
Consultant.
Under no circumstances shall the transfer of ownership of the Consultant's
drawings, specifications, electronic files or other instruments of service be
deemed a sale by the Consultant.
M. Fees paid for securing approval of authorities having jurisdiction over the Project
will be paid by the City.
N. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the
Iowa Code prohibits a City officer or employee from having an interest in a contract
with the City, and certifies that no employee or officer of the City, which includes
members of the City Council and City boards and commissions, has an interest,
either direct or indirect, in this agreement, that does not fall within the exceptions to
said statutory provision enumerated in Section 362.5.
O. The Consultant agrees at all times material to this Agreement to have and maintain
professional liability insurance covering the Consultant's liability for the
Consultant's negligent acts, errors and omissions to the City in the sum of
$1,000,000.
IV. COMPENSATION FOR SERVICES
Compensation for Consultant's services as defined in Exhibit A shall be a not -to exceed fee of
forty-nine thousand, four hundred dollars and zero cents ($49,400.00), calculated according to
the rate schedule attached hereto as Exhibit B and incorporated herein by this reference.
Reimbursable Expenses are in addition to the Consultant's compensation for services and include
expenses incurred by the Consultant and Consultant's employees and subconsultants in the
interest of the project for transportation, reproductions, postage and delivery, and other similar
Project related expenditures. Reimbursable Expenses will not exceed $1,500.00 unless prior
written approval is received from the City. Compensation for Reimbursable Expenses shall be at a
multiple of 1.00 time the expenses incurred by the Consultant, the Consultant's employees, and
subconsultants in the interest of the Project.
V. MISCELLANEOUS
-4-
A. All provisions of the Agreement shall be reconciled in accordance with the generally
accepted standards of the Engineering and Landscape Architecture Profession.
B. It is further agreed that there are no other considerations or monies contingent upon or
resulting from the execution of this Agreement, that it is the entire Agreement, and that
no other monies or considerations have been solicited.
FOR THE CITY
By:
Matthew J. Hayek
Title: Mayor
Date: April 23, 2013
ATTEST: a 4
City Clerk
p,AAformslconsag mUrm
ULTANT
By:
TitIO: Patrick F. Dunn, PLA, ASLA, LEED AP
Senior Partner
Date: r7 I
Approved by:
City Attorneys Office
�f 6 '�
Date
PLANIN ING 6 DESIGN
EXHIBIT A
Exhibit A
OVERVIEW OF SERVICES
o RDG has assembled a team to provide professional Landscape Architecture, Civil Engineering,
Land Surveying, Lighting Design and associated Electrical Engineering to assist the City in
completing Schematic Design, Design Development, Construction Documentation and Bidding
and Negotiation for the following project improvements:
• Demolition and Removals;
• Streetscape and Parking Layout;
• Hardscape and Paving Design(Walks and Street);
• Site Furnishing;
• Gateway Sign located at Muscatine and William;
• Streetscape Lighting;
• Streetscape Planting;
• Site Drainage;
• Site Grading;
• Erosion Control;
• Utility Design (Water and Stormwater);
• Traffic Control Planning;
o Site Survey;
o Incidental design.
These services shall be divided among the following entities:
o Landscape Architecture — RDG Landscape Architecture;
• Lighting — RDG Lighting;
• Electrical Engineering associated with Streetscape Lighting — RDG Engineering;
• Civil Engineering and Utility Design — MMS Consultants.
Q Project area is the William Street Public Right -of -Way (ROW) - subsequent to Hodge ROW
dedication - between Muscatine Avenue (south ROW) and Towncrest Drive (north ROW).
SPECIFIC SERVICES
o Site Survey
W
o RDG, through MMS Consultants, will provide topographical and utility survey
information from the Hodge south property line to the south side of Towncrest Drive in
addition to the existing topographic and utility information already gathered for the
adjacent (southeast corner of Muscatine and William Street) Hodge development
project.
Schematic Design (SD)
• RDG will work with the City to advance a schematic, design package that finalizes the
sizing, location, and quality and quantity of the project elements listed in the Overview
of Services. This phase of the project will build upon the planning and design efforts the
City has recently been engaged in for the Towncrest Area.
• SD Deliverables:
• Schematic Design Plan Drawing:
o Locations of Planting and Hardscape elements.
RDG Planning & Des!9n
301 Grand Avenue Tel 515.288.3141
Des Moines, Iowa 50309 Fax 515.288.8631 w- ,&-- w.rd9U5a.00M MG lA Inc
Exhibit A
City of Iowa City
William Street Streetscape
page 2
o Layout of Streetscape Elements.
• Meeting Minutes of City Staff & Design Team Meetings.
• Design Development (DD)
• RDG will work with the City to develop the approved schematic design package to
include plans and details. This package will allow the City to evaluate the overall project
solution and the detailed design aspects that affect cost and quality.
• DD Deliverables:
• Design Development information necessary to convey an accurate
understanding of the horizontal and vertical plane attributes of the Streetscape
elements;
• Plans;
• Details.
• Meeting Minutes of City Staff & Design Team Meetings.
• Construction Documentation (CD)
• RDG will work with the City to develop the approved DD Package into contract
documents necessary for bidding and constructing the approved design elements. This
package will provide a full description of the project's design and details and will be
suitable for obtaining competitive bids from qualified contractors.
• CD Deliverables:
• 50% & 95% City Staff CD review packages;
• Final CD Package:
• Plans;
• Details;
• Technical Specifications;
• Final Quantities;
• Opinion of Probable Construction Costs.
• Meeting Minutes of City Staff & Design Team Meetings.
o Bidding & Negotiation (BN)
• RDG will assist the City in answering any questions raised by contractors interested in
submitting a competitive bid for the project.
• BN Services:
• Coordinate document printing and plan room distribution;
• Answer contractor questions;
• Review substitution requests;
• Prepare necessary addenda;
• Make recommendation regarding qualified bidders;
• Attend Pre -Bid Meeting;
• Attend Bid Opening.
o Anticipated Design Team Coordination Meetings: In performing the above - described services, it
is anticipated that the Consultant will attend the following meetings:
o Schematic Design, Design Development, Construction Documentation:
• Attend six (6) meetings with City Staff at 1 hour each
o Design Update Meetings
o Document Reviews
o General Coordination
• Attend two (2) meetings with Credit Union and Internal Medicine together at 1
hour each
RDG planning & ! resign
301 Grand Avenge Tel51S.288.3141
Des Moines, Iowa 50309 Fax S 15.288.8631 wwwAgusa.eon: RDG PC
Exhibit A
City of Iowa City
William Street Streetscape
page 3
o Review Design Impacts of Streetscape Construction
• Attend two (2) meetings with MDK Development, L.L.C. at 1 hour each
o Coordination Meetings
• Attend two (2) City Council meetings at 1 hour each
• Public Hearing
• Accept bids
• Teleconference Design Review and Value Engineering Discussions as needed.
o Bidding & Negotiation:
• (1) Pre -Bid Meeting
• (1) Bid Opening Meeting
RDG'S SERVICES SPECIFICALLY EXCLUDE THE FOLLOWING:
• Geotechnical exploration.
• Permit and Application Fees.
• Arboriculture.
• Detailed peer analysis.
• Structural Engineering.
• Irrigation Design.
• Stormwater Detention Design.
RDG Planning & Design
301 Grand Avenue 'Tel515,288.3141
Des 4loines; Iowa `i0309 Fax 51:5.288.8631 4vww.rdgusa.com RDGPC
RPLANNING • DESIGN sue•
exhibit B
Effective January 1, 2013* standard hourly rate schedule
STAFF RATE/HOUR
Principal....................................................................................................................................... ...............................
$199.00
Architect...................................................................................................................................... ...............................
$146.00
Architect...................................................................................................................................... ...............................
$129.00
Architect...................................................................................................................................... ...............................
$123.00
Architect...................................................................................................................................... ...............................
$105.00
ArchitecturalIntern ....................................................................................................................... ...............................
$129.00
ArchitecturalIntern ....................................................................................................................... ...............................
$101.00
ArchitecturalIntern ......................................................................................................................... ............................... $83.00
ArchitecturalIntern ......................................................................................................................... ...............................
$78.00
ArchitecturalIntern ......................................................................................................................... ...............................
$74.00
ArchitecturalIntern ......................................................................................................................... ...............................
$60.00
ArchitecturalIntern ......................................................................................................................... ...............................
$41.00
ArchitecturalTechnician ............................................................................................................... ...............................
$101.00
ArchitecturalTechnician ................................................................................................................. ...............................
$78.00
LandscapeArchitect ..................................................................................................................... ...............................
$146.00
LandscapeArchitect ..................................................................................................................... ...............................
$135.00
LandscapeArchitect ..................................................................................................................... ...............................
$129.00
LandscapeArchitect ..................................................................................................................... ...............................
$123.00
LandscapeArchitect ....................................................................................................................... ............................... $89.00
LandscapeArchitect ........................................................................................................................ ...............................
$83.00
LandscapeArchitect ....................................................................................................................... ............................... $74.00
LandscapeArchitectural Intern ..................................................................................................... ...............................
$129.00
Landscape Architectural Intern ....................................................................................................... ...............................
$74.00
Landscape Architectural Intern ....................................................................................................... ...............................
$60.00
Sustainability Strategist ................................................................................................................ ...............................
$180.00
ProfessionalEngineer ........................................................................:.......................................... ...............................
$150.00
EngineeringTechnician .................................................................................................................. ...............................
$89.00
EngineeringTechnician .................................................................................................................. ...............................
$74.00
InteriorDesigner .......................................................................................................................... ...............................
$123.00
InteriorDesigner ............................................................................................................................ ...............................
$89.00
InteriorDesigner ............................................................................................................................ ...............................
$65.00
InteriorDesign Intern ...................................................................................................................... ...............................
$41.00
LightingDesigner ................................................................................................. ............................... ........................$150.00
Artist............................................................................................................................................ ...............................
$146.00
Artist....................................:......................................................................................................... ...............................
$65.00
Artist.............................................................................................................................................. ...............................
$52.00
ProjectManager ........................................................................................................................... ...............................
$146.00
ProjectAdministrator .................................................................................................................... ...............................
$135.00
LEEDAdministrator ...................................................................................................................... ...............................
$115.00.
ProjectCoordinator ...........................................................:............................................................. ...............................
$72.00
MultiMedia Designer ..................................................................................................................... ...............................
$89.00
MultiMedia Designer ..................................................................................................................... ...............................
$74.00
MarketingCoordinator .................................................................................................................... ...............................
$89.00
OfficeAdministrator ....................................................................................................................... ...............................
$65.00
OfficeAssistant .............................................................................................................................. ...............................
$39.00
*Current hourly rates may be adjusted annually on January 1 of each year.
RDG Planning & Design
301 Grand Avenue Tel 515.288.3141 see
Des Moines, Iowa 50309 Fax 515.288.8631 www.rdgusa.com RDGIA Inc
r
® CITY OF IOWA CITY sd(s)
't-- .' .�
®a�-� M 7MORANDLIM
DATE: April 17, 2013
TO: Tom Markus, City Manager
FROM: Ron Knoche, City Engineer Pr
RE: Consultant Agreement with the RDG Planning and Design for the 2013
William St. Streetscape Project — Design & Construction Documents
Introduction:
The City of Iowa City solicited Requests for Proposals (RFP), dated April 14, 2010, to develop a
comprehensive design plan for the Towncrest commercial area. The City selected RDG
Planning and Design to develop the comprehensive design plan and then contracted with them
to design the conceptual plan for the William Street public right -of -way between Towncrest Drive
and Muscatine Avenue.
History /Background:
The City entered an agreement with MDK Development L.L.C. on June 26, 2012 to redevelop
1020 William Street and 2611 Muscatine Avenue. The City has committed to complete
streetscape improvements along William Street between Towncrest Drive and Muscatine
Avenue while the redevelopment project is under construction.
Discussion of Solutions:
The project improvements will include the reconstruction of the east half of William Street, patching on
the west half of William Street, sidewalks, the removal and replacement of the existing water main,
and the addition of streetscape improvements such as on- street perpendicular parking, site
furnishings, plantings, lighting, and a gateway sign.
Staff has negotiated an agreement with RDG Planning and Design to provide consulting services
which involve preparing the preliminary and final design for construction of the 2013 William Street
Streetscape Project.
Financial Impact:
The negotiated fee for the hourly not to exceed contract is $50,900. This design contract will be
funded through the William Street Reconfiguration capital improvement fund number 3975.
Recommendation:
Staff recommends authorization of the consultant agreement with RDG Planning and Design at
the April 23, 2013 council meeting.
cc: Josh Slattery, Engineering Division
Tracy Hightshoe, Community Development
MI)
sdM
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246
RESOLUTION NO. 13 -129
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE
CITY OF IOWA CITY AND WEST BANK, IOWA CITY, IOWA FOR PROPERTY
LOCATED AT 3333 LOWER WEST BRANCH ROAD, IOWA CITY, IOWA.
WHEREAS, the City of Iowa City is the owner and holder of a Second Mortgage,
executed by the owner of the property on February 2, 2009, recorded on February 6,
2009, in Book 4390, Page 498 through Page 503 in the Johnson County Recorder's
Office covering the following described real estate:
Lot 217 in Oak Woods Addition Part Six, an Addition to the City of Iowa City, Iowa,
according to the plat thereof recorded in Plat Book 10, Page 67, Plat Records of Johnson
County, Iowa.
WHEREAS, West Bank has refinanced a mortgage to the owner of the property located
at 3333 Lower West Branch Road and is securing the loan with a mortgage covering the
real estate described above; and
WHEREAS, West Bank has requested that the City execute the attached subordination
agreement thereby making the City's lien subordinate to the lien of said mortgage with
West Bank; and
WHEREAS, there is sufficient value in the above - described real estate to secure the City
position.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the
subordination agreement between the City of Iowa City and West Branch, Iowa City,
Iowa.
Passed and approved this 23rd day of Anril 20__L3__.
MAYOR
Approved by
ATTEST: �- ' t
CITY CtERK City Attorney's Office
Resolution No.
Page 2
13 -129
It was moved by champion and seconded by Payne the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Champion
x Dickens
Dobyns
x Hayek
x Mims
X Payne
X Throgmorton
SUBORDINATION AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and West
Bank, Iowa City, Iowa, herein the Financial Institution.
WHEREAS, the City is the owner and holder of certain Second Mortgage which at this time is in
the amount of $10,000 , and was executed by Juliana Stewart (herein the Owner), dated
February 2, 2009, recorded February 6, 2009, in Book 4390, Page 498 through Page 503,
Johnson County Recorder's Office, covering the following described real property:
Lot 217 in Oak Woods Addition Part Six, an Addition to the City of Iowa City, Iowa, according to the plat
thereof recorded in Plat Book 10, Page 67, Plat Records of Johnson County, Iowa,
WHEREAS, the Financial Institution has loaned the sum of $114,000 on a promissory note to be
executed by the Financial Institution, securing a mortgage covering the real property described
above; and
WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Second
Mortgage held by the City be subordinated to the lien of the mortgage made by the Financial
Institution.
NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto,
the parties agree as follows:
1. Subordination. The City hereby covenants and agrees with the Financial Institution that
the above noted Second Mortgage held by the City is and shall continue to be subject and
subordinate to the lien of the mortgage about to be made by the Financial Institution.
2. Consideration. The City acknowledges receipt from the Financial Institution of One
Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of
subordination herein.
3. Senior. Mortgage.. The mortgage in favor of the. Financial Institution is hereby
acknowledged assa lien superior to the Second Mortgage of the City.
4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the
respective heirs, legal representatives, successors, and assigns of the parties hereto.
Dated this day of A fir'. , 2013 .
CITY OF IOWA CITY
By
Mayor
Attest:
City Clerk
CITY'S ACKNOWLEDGEMENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
FINANCIAL INSTITUTION
On this J3 rd day of Are IL , 20j3 , before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared w -- . # .e and
Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the
Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and
sealed on behalf of the corporation, by authority of its City Council, as contained in (Qrdinanse)
(Resolution) No. !',5 -- 479 passed (the Resolution adopted) by the City Council, under Roll Call
No. — of the City Council on the a3 ' � day of Apg-c- , 20__LzL_, and
that .ew and Marian K. Karr acknowledged the execution of the
instrument to be their voluntary gict and deed and the voluntary act and deed of the corporation, by it
voluntarily executed.
j SONDRAE FORT
° Commission Number 159791
My CO m� n Eires Notary Public in and for the State of Iowa
LENDER'S ACKNOWLEDGEMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this LD" day of A pr'% , 20 , before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared Mi 06 HQ mPoo , to me
personally known, who being by me duly sworn, did say that he /she is the i ' fsi dice Pros ioktvvc-
of West & ,1k , that said instrument was signed on behalf of said
corporation by authority of its Board of Directors; and that said X111 i P A �U mayt n acknowledged
S� ERIC OLSEN I
y Commission Number 728645 Notary Public in and for the State of Iowa
the execution of said instrument to be the voluntary act and deed of said corporation, by it and by
him /her voluntarily executed.
PRIAL
My Commission expires: 6 1-f Zo/s
A
.oWP C
My Co mission Expires
My Commission expires: 6 1-f Zo/s
Prepared by: Geoff Fruin, Assistant to the City Manager, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5010
RESOLUTION NO.
13 -130
5i C oil)
A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST A CONSULTANT AGREEMENT WITH GENUS LANDSCAPE ARCHITECTS
(DES MOINES, IA) FOR THE DOWNTOWN STREETSCAPE PLANNING PROJECT
WHEREAS, Iowa City's adopted strategic plan includes downtown development as a high priority
objective of the City Council; and
WHEREAS, the streetscape in the core of the downtown was last planned and installed in the late
1990s and many of the furnishings are showing visible signs of deterioration or are reaching the
end of their intended life- cycle; and
WHEREAS, a well - planned streetscape can play a critical role in creating clean, safe and
welcoming public spaces that attract business development and provide venues for important
social, cultural and educational events for the community; and
WHEREAS, funds for this project are available in the CBD Streetscape Project account # 3971 in
the approved Capital Improvement Plan; and
WHEREAS, it is in the public interest to undertake a master plan process for the downtown
streetscape that will guide future capital investments in the district-as set out in the accompanying
consultant agreement:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The attached consultant agreement between the City of Iowa City and Genus
Landscape Architects for downtown streetscape planning services is hereby approved
as to form and content.
2. The Mayor and City Clerk are hereby authorized and directed to execute the attached
Consultant's Agreement.
3. The City Manager is authorized to execute amendments to the Consultant's Agreement
attached hereto as they may become necessary during the development of the
streetscape plan.
Passed and approved this 23rd day of Anril 12013.
Arvla�ld,A
MAYOR
Ap ved by
o'--,ATTEST: /
CITY ttERK City Attorney's Office
Resolution No. 13 -130
Page 2
It was moved by Champion and seconded by Payne the Resolution be
adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
x
Champion
x
Dickens
x
Dobyns
x
Hayek
x
Mims
x
Payne
x
Throgmorton
CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into this 24`h day of April, 2013, by and between the City
of Iowa City, a municipal corporation, hereinafter referred to as the City and Genus Landscape
Architects, PC, of Des Moines, Iowa, hereinafter referred to as the Consultant.
WHEREAS, the CONSULTANT will prepare a conceptual streetscape design and probable cost
opinions for the Project Location, as described delineated in Exhibit "A ", attached hereto and
incorporated herein by this reference.. The plan will consider the existing site conditions, current and
future projects, public and stakeholder input, user needs, environmental impact, maintainability, life
cycle costs, and previous studies involving the project area. The project will be under the leadership of
the City of Iowa City, with primary stakeholders being the Iowa City Downtown District, Summer of the
Arts, and the University of Iowa. The design process will explore a range of concepts [ minimum of
three ], demonstrating the flexibility of design, programming and budget. Additionally, planning will
identify utility constraints that may inhibit redevelopment and identify opportunities to help the
downtown reach its development potential.
NOW THEREFORE, it is agreed by and between the parties hereto that the City does now
contract with the Consultant to provide services as set forth herein.
I. SCOPE OF SERVICES
II.
Consultant agrees to perform the following services for the City, and to do so in a timely and
satisfactory manner.
TASK 1: Project Startup I Site Inventory + Analysis
1.1 Steering Committee Meeting #1 , Project Kickoff
The CONSULTANT will meet with the steering committee and representatives of CITY staff to establish
their current views on the goals and objectives to be accomplished in the design of the project study area.
This meeting will also be an opportunity to confirm strategy and schedule, as well as gather existing project
plans, maps, aerial photographic, studies, and related materials from the CITY. Following this workshop, a
site tour of the fill project area will take place. Attendance by key stakeholders is highly recommended.
The CONSULTANT will prepare and distribute meeting notes within one week of the meeting date.
Focus: Goals, Strategy, Information Gathering, Identification of project areas that need special attention
Consultant Involvement: Genus I StudiolNSITE— Visit #I
Deliverables: Meeting Minutes — Consultant
Requested Material — City
-2-
1.2 Stakeholder Meetings
The CONSULTANT will facilitate discussion with the following groups individually, as directed by the
CITY. Each of these meetings will be 1 -2 hour sessions to focus on specific topics associated with each
group. This meeting series will establish current views on the goals and objectives, strategy and schedule.
Where agreed upon between the CONSULTANT and the CITY, these meetings may be combined to meet
objectives associated with particular meeting focus. The CONSULTANT will prepare and distribute
meeting notes within one week of the meetings,
A. Project Technical Committee. Meeting # 1
B. University of Iowa. Meeting #I
C. Summer of the Arts. Meeting It
D. Iowa City Downtown District. Meeting # 1
Consultant Team Involvement: Genus I StudioINSITE - Visit # I
Deliverable: Meeting Minutes
1.3 Study Area Mapping
The CLIENT will provide the necessary base trial) information for the entire project study area,
including but not limited to — high resolution aerial photos, parcel ownership maps ( to be obtained fiom
Johnson County GIS) , existing utility information, as -built drawings, design drawings and master plan
reports related to the project area. The CONSULTANT will compile a single base file to be used by
the planning team for planning. If significant gaps exist in the provided base map information exist, the
CONSULTANT will notify the CLIENT to determine the best alternative for acquiring additional
information. CONSULTANT will obtain information directly from private utility companies.
Consultant Involvement: Genus - coordination and compiling of base files ( Review by planning team
Deliverables: composite aerial and vector line wok of study area for team use
1.4 Site Assessment
The CONSULTANT will perform site investigation and analysis of existing conditions, including but not
limited to overhead utility lines, signage, crosswalks, traffic signalization, lighting, vegetation, pavement,
irrigation, sidewalks, private signage, sidewalk, street and planter cafes, site furnishings, drainage,
architectural patterns, and adjacent land use conditions. The CONSULTANT will review all relevant data,
site and utility surveys, zoning, current and fiture projects, and applicable studies and summarize the
findings in a report. The majority of site assessment will be self-directed time in the field and via small
group meetings and phone conversations with stakeholders. As part of the site assessment process, The
CONSULTANT will visit with up to (5) five City Departments or external stakeholders to understand their
institutional knowledge of the project study area and discuss aspects including but not limited to
maintenance, materials, utilities, parking, programming and tree care. Where applicable, consultant
team members will participate either in person or via conference call. ArtHouse Design will travel to Iowa
City during the project to understand the site and visit with stakeholders. This meeting will likely overlap
with workshops surrounding Public Meeting 41 [ 2.31.
Consultant Involvement: All consultants will be involved — this work is self - directed
Genus will organize efforts and delegate to team members
Deliverables: Analysis write -up for client review and inclusion into final report
3-
1.5 Utility Coordination
The CONSULTANT will contact all utility companies operating in the City of Iowa City to determine
which utilities are within the project limits and to request exhibits showing the location of each utility.
Utility improvements in the area over the next five years will be requested and included within base
mapping and discussed again as project phasing is evaluated. The CONSULTANT will wok with
each utility provider to determine the adequacy and condition of each utility system as it relates to the
Yield Analysis section contained within the 2012 Master Plan. Recommendations and priorities for
the streetscape will be evaluated to align with utility phasing throughout the planning process. The
CONSULTANT will obtain all relevant storm and sanitary sewer information from the CITY, as well as
electrical distribution for lighting and outlets.
Consultant Involvement: Genus I MMS I KCL Engineering
Deliverables: Summary Report — addressing condition of existing utilities and recommendations, to
include identification of utility constraints that can limit development potential identified in
the Yield Analysis section of the 2012 Master Plan. Diagrams identifying specific repair or
expansion projects that are anticipated shall be included.
TASK 2: Information Gathering I Public Meeting #I
2.1 Digital Outreach Setup
The CONSULTANT will work with team members to create the web database that will be used
throughout the project and integrated in to the CITY or ICDD's existing website. The website will be
available for public access thru final City Council approval of this project contract phase. It is
anticipated that the initial setup will take 30 -45 days and will integrate direct input from the CITY
throughout the project process. The CONSULTANT will work with the Steering Committee to identify
the best possible strategies to promote and utilize the website to engage a diverse cross - section of
stakeholders. The MindMixer site shall be operable and available for public use by the first public input
meeting.
Consultant Involvement: Genus I MindMixer
Team members will participate in question response and information exchange as it relates to their specific
area of expertise. All information shall be coordinated thnu Genus.
Deliverable: Written strategies to promote and utilize website
Statistical summary of data/connments from web input process. This information will be presented
periodically throughout the process to the Steering Committee — after each public input session
and before the decommissioning of the website at project completion.
2.2 Steering Committee Meeting 42
The CONSULTANT will meet with the steering committee to discuss specific and relevant topics to assist
the planning team in moving forward. The CONSULTANT will prepare and distribute meeting notes
within one week of the meeting date.
Consultant Involvement: Genus I StudlolNSITE — Visit 92
Deliverables: Meeting Minutes — Consultant
2.3 Business Owner Meeting #1 and Public Input Meeting #1— Information Gathering
[ Iowa City Businesses, Property Owners, Neighborhood Residents, U of I Students and Faculty, Community Groups ]
Meeting format and agenda shall be sent to the CITY no later than seven (7) days before the scheduled
meeting (late. The CITY shall be responsible for providing food and drink for all business and public
meetings.
Business Owner Meeting #1
The CONSULTANT will host an early morning open -house with representatives fiom affected businesses
to introduce the project and discuss their goals and objectives for the project. This meeting shall be held at
an agreed upon venue and will be promoted jointly between the CONSULTANT and the CITY. The
CITY shall be responsible for any press release and invitations to business owners /property owners.
Public Input Meeting #1
The CONSULTANT will meet with representatives from the community-at -large to establish their current
views on the goals and objectives to be accomplished in the design of the streetscape. This meeting shall
be held at an agreed upon venue and will be promoted jointly between the CONSULTANT and the
CITY. The CITY shall be responsible for any press release and invitations to business owners /property
owners. At the CITY's cost, the session can be videotaped and rebroadcast as determined appropriate by
the CITY.
Consultant Team Involvement: Genus I StudioINSITE — Visit 92
Deliverable: Breakfast Meeting with Business Owners and an Evening Public Presentation
Summary notes from each meeting
2.4 Project Technical Committee Meeting #2 and Steering Committee Meeting #3
Share and discuss information collected from stakeholder and public input — identify preliminary design
direction. The CONSULTANT will prepare and distribute meeting notes within one week of the meeting
date. This meeting will take place within two weeks from the public meeting date.
Consultant Team Involvement: Genus ( StudiolNSITE [ via telephone or video conference ]
Deliverable: Meeting Minutes
2.5 Programming and Event Field Inventory
During this phase the CONSULTANT will position a minimum of two staff in the project area during
three (3) programmed events [ Summer festival / Friday night concert series / hone football game [
includes one hour past bar close ], as determined by the CITY. The CONSULTANT will utilize public
survey, discussion, photographic inventory and observation to document how various spaces function for
all user groups and to gauge public perception during events. Observations will be documented in writing
and reported back to the Steering Committee.
Consultant Team Involvement: Genus
Deliverable: Written Summary Report
-5-
TASK 3: Planning Framework
3.1 Preliminary Conceptual Sketches
The CONSULTANT will develop a series of conceptual sketches that are based on input from the CITY
and the steering committee. These sketches are not intended to be developed conceptual designs, but
images with enough detail that they will facilitate the input process. A minimum of three (3) concepts are
anticipated— Mild Tune-up I Intermediate I Aggressive.
Consultant Team Involvement: All, to be coordinated by Genus
Deliverable — three distinct streetscape plans for the fall study area that reflect opportunities, material
options, order of magnitude cost, and character. Illustrative drawings and street sections will be produced
to support the concept plans. A plan graphic with narrative will be used to present the core ideas of each
plan, 3 -5 sketches or section will be produced to illustrate key features for each plan. Three concepts for
way - finding will developed and shared via illustrative drawings. The result by the end of this phase
will be a Draft Conceptual Design Plan and Report, with particular focus being given to, but not limited to:
A. Public Realm
• Streetscape treatments
• Parking areas
• Vehicular circulation systems
• Pedestrian + Bicycle circulation and safety
• Urban -edge landscape design
• Maintenance and Life Cycle
• Explore new opportunities for Elackhawk Mini -Park
• Public Safety — including safety vehicle access in Pedestrian Mall
E. Recommendations on incentives, zoning modifications and other items that would improve the
connectivity and appearance of key areas, as well as thoughts on modification to City signage and
outdoor cafe standards.
C. Streetscape "Kit of Parts"
• Paving materials
• Plant material / Street trees
• Pedestrian crossings
• Drainage solutions
• Lighting - pedestrian , automobile, accent, decorative and ornamental.
• Strategies for dealing with power lines
• Street furniture
• Signage - way finding and identity
• Information and emergency kiosks
• Public art opportunities
D. District lighting and electrical system design
• service for seasonal vendors and pop -ups
• review of lighting— photometrics, style, maintenance, festival [year -round and temporary
identify potential for overhead lighting, accent lighting to highlight
plantings, trees, public art, architectural features, etc.
m
E. I lorticulture enhancements [ plantings, irrigation, assessment of existing trees.]
F. Green Infrastructure
The CONSULTANT team will identify opportunities to implement strategies to improve water quality,
maximize rain water infiltration, reduce energy consumption, promote environmental stewardship, and
make the overall project an urban model for responsible design. As part of this scope, Conservation
Design Forum (CDF) will be utilized as a technical resource throughout the project duration. CDF will
be utilized by the CONSULTANT team during the project to maximize impact and visibility of
sustainability efforts. CDF will make 3 visits to the project study area to assist the project team
with project engineering, attend team workshops and when applicable — meet with the CITY and
stakeholders.
G. Fiscal Responsibility - discuss cost of materials / design options/ short and long term
order of magnitude associated with construction and maintenance to be
associated with each of the three concepts.
3.2 Sharing of Preliminary Concept Plans - Steering Committee Meeting #4
In effort to refine preliminary concepts prior to Public Meeting 82, design plans will be presented to the
steering committee a few weeks in advance for feedback.
Consultant Teant Involvement: Genus ( StudiolNSITE — [ teleconference or video conference ]
Deliverables: 3 Concept Plans and Associated Presentation — digital presentation
A plan graphic with narrative will be used to present the core ideas of each plan, 3-
5 sketches or section will be produced to illustrate key features for each plan. Three
concepts for way - finding will developed and shared via illustrative drawings.
TASK 4: Presentation of Concept Plans
4.1 Stakeholder Meetings
The CONSULTANT will facilitate discussion with the following groups individually, as directed by the CITY.
These meetings will focus on the highlights associated with each of the concept plans. Following the stakeholder
meetings, the CONSULTANT will meet with the CITY and steering committee to review the designs and
cost estimates. The CONSULTANT will prepare and distribute meeting notes within one week of the meetings.
Where possible, combining user groups may be explored to facilitate discussion and allow for a longer
workshop format. Where agreed upon between the CONSULTANT and the CITY, these meetings may be
combined to meet objectives associated with particular meeting focus.
A. Project Technical Committee . Meeting #3
B. University of Iowa. Meeting #2
C. Summer of the Arls . Meeting #2
D. Iowa City Downtown District . Meeting #2
F. Project Steering Committee Meeting 45
Consultant Team Involvement: Genus I StudiolNSITE — Visit 93
Deliverables: Meeting Minutes
-7-
4.2 Business Owner Meeting 02 and Public Input Meeting #2 — Presentation of Concept Plans
[ lowa City Businesses, Properly Owners, Neighborhood Residents, U of 1 Students and Faculty, Community Groups
Business Owner Meeting 92
"fire CONSULTANT will host an early morning open -house with representatives from affected businesses
to present concept plans and discuss options. This meeting shall be held at an agreed upon venue and will
be promotedjointly between the CONSULTANT and the CITY. The CITY shall be responsible for any
press release and invitations to business owners /property owners.
Public Input Meeting H2
The CONSULTANT will meet with representatives from the community-at -large to share the design
concepts in an open -house format. This meeting shall be held at an agreed upon venue and will be
pronnotecl jointly between the CONSULTANT and the CITY. The CITY shall be responsible for any
press release and invitations to business owners. /property owners. Upon the close of this meeting, the
Project Team expects to have clear direction on a preferred plan approach, general project budget
expectations and overall character and priority locations for site improvements. The CONSULTANT will
work with the CITY to tape a cable TV video segment between these two meetings that will provide an
overview of the material and encourage people to provide feedback via the MindMixer site. All taping to
be at CITY expense. The CONSULTANT will prepare and distribute meeting notes within one week
of the meeting date.
Presentations and Deliverables:
Business Owner Meeting #2, Public Meeting 92, Meeting Minutes, Concept Plans, Illustrative Sketches
Consultant Team Involvement: Genus I ShldiolNSITE — Visit 43
4.3 Steering Committee #G — Review of Public Input Meeting
The CONSULTANT will meet with the Steering Committee to discuss input received on the three concepts to
date and to determine a design direction for moving forward. The CONSULTANT will also attend a City
Council Work session to provide a presentation and summary of the 3 concepts and to provide overview of
feedback from the public to date. The City Council will inform direction on moving forward with a refined plan.
Timing of this meeting shall be coordinated between CONSULTANT and CITY.
Consultant Team Involvement: Genus I studiolNSITE [ teleconference or video conference ]
Deliverable: Meeting Minutes
TASK 5: Plan Refinement
5.1 Plan Refinement
The CONSULTANT will work to refine a singular Conceptual Design Plan, supporting graphics and
opinion of probable cost based on feedback received From Key Stakeholders. A final meeting with the
Client will be scheduled to present the refined deliverables for review, prior to finalization. Any input Bon
the Public Meeting, Project Website or other source will be considered and factored into plan. Upon final
authorization to complete the plan, the -real,, shall complete a written and graphic report that summarizes
the analysis, input process, participant comments, alternative plans and final conceptual development plan.
The final report shall also include a Project Cost Opinion for on -going Maintenance and a multi -year
M
implementation strategy. Review recommendations and priorities of streetscape improvements for
sequencing with utility schedule and summarize in brief written report.
Presentations and Deliverables:
Steering Committee Meeting ( #7) - review of plan direction
Technical Committee Meeting ( #4) — review of plan direction
Updated project presentation in digital format and associated handouts
Consultant Team Involvement: All involved in development of concept
Genus will lead committee meetings I studiolNSITE to
participate in Steering Committee Meeting via phone or videoconference
Deliverable: Draft Plan for client review and comment [ PowerPoint presentation ]
5.2 Budget Controls and Life Cycle Costs
To assist the City in evaluating design options, preliminary cost estimates will address lifecycle, maintenance,
and replacement costs for proposed site enhancements. This information will guide future C1P budget
allocations and SSMID resources.
The CONSUL'T'ANT will prepare preliminary cost estimates for both the conceptual design plan 'rhe
CONSULTANT shall provide lifecycle costs for the conceptual plan for the core project area including
replacement costs, maintenance and operating expenses on traffic signals, lighting fixtures, furniture,
horticultural elements [ plantings, trees, irrigation strategies ] other proposed enhancements and alternative
paving materials.
Presentations and Deliverables:
Steering Committee Meeting ( 98) and Technical Committee Meeting ( 95) Joint Meeting - convene to
focus on cost related items — maintenance and capital costs
Updated project presentation in digital format and associated handouts
Consultant Team Involvement: All involved in development of concept
Genus I studio INSITE [ via phone or videoconference ]
Deliverable: Material supporting cost discussion, including but not limited probable cost opinion and
phasing diagram.. Narrative and spreadsheet that outlines initial planning recommendations
with associated capital costs and maintenance costs. Identification of potential state and
federal funding/grant sources for any project area will be identified as part of this task.
5.3 Business Owner Meeting #3 and Public Input Meeting #3 — Presentation of Preferred Plan
[ Iowa City Businesses, Property Owners, Neighborhood Residents, U of 1 Students and Faculty, Community Groups ]
Business Owner Meeting 03
The CONSULTANT will host an early morning open -house with representatives fiom affected businesses
to share and discuss the preferred plan. This meeting shall be held at an agreed upon venue and will be
promotedjointly between the CONSULTANT and the CITY. The CITY shall be responsible for any
press release and invitations to business owners /property owners.
m
Public Input Meeting H3
The CONSULTANT will meet with representatives from the community -at -large to share graphic,
plans and costs associated with a single preferred plan to gain consensus. This meeting shall be held at an
agreed upon venue and will be promoted jointly between the CONSULTANT and the CITY. The CITY
shall be responsible for any press release and invitations to business owners /property owners. The
CONSULTANT will work with the CITY to tape a cable TV video segment between these two meetings
that will provide an overview of the material and encourage people to provide feedback via the
MindMixer site. All taping to be at CITY expense. The CONSULTANT will prepare and distribute
meeting notes within one week of the meeting date. The CITY shall be responsible for any press release
and invitations to business owners /property owners.
Presentations and Deliverables:
Public Meeting ( #3)
Digital Presentation - including project plan, illustrations and narrative
Business Owner Meeting ( 0), Public Meeting ( 0), Meeting Minutes, Concept Plans, Illustrative Sketches
Consultant Team involvement: Genus I StudioINSITE— Visit #4
5.4 Steering Committee #9 — Review of Public Input Meeting
The CONSULTANT will meet with the Steering Committee to discuss input received during Public Meeting #3
and to finalize direction of master plan report.
Consultant Team Involvement: Genus ( studio INSITE [ via phone or videoconference ]
Deliverable: Meeting Minutes
TASK 6: Conceptual Design Finalization
6.1 Preliminary Report Issued to City
With clear direction and community buy -in established, the final touches will be placed on the overall plan
and summary report that will serve as the road map for improvements to the Project Area.
A draft report will be issued to the Steering Committee for a period of two weeks for review and comment.
The project team will collect comments and incorporate into the final plan. Steering Committee meetings
would be held at the beginning of this task to present/discuss the report and then again to discuss how the
comments were incorporated and to draw closure to the planning process.
Presentations and Deliverables:
Steering Committee Meeting ( #10) + Technical Committee Meeting ( #6) —joint meeting
5 hard copy reports distributed for review
Digital Copies of report [ PDF Format j
6.2 Final Report Issued to City
The final report and plan will be shared with City for informational purposes and fornal acceptance of the plan. We
have budgeted time for multiple presentations, but will look to the City for guidance on how best to share the plan
with City leaders.
Presentation and Deliverables:
Deliver Final Plan Report 15 hard copy reports / Digital Copy of Report
-10-
All files available in digital format
Anticipated Presentations: Project Steering Committee (itll)
Iowa City — City Counci I
Taping of final cable'I'V video segment
OPTIONAL ADDITIONAL SERVICES
The CONSULTANT will conduct a detailed topographic survey of the project study area [ to be defined ].
Information to be gathered will include, but not be limited to, spot elevations, cross - sections, existing
roadway and sidewalk locations, doorway elevations, fences, vegetation, driveways, site furnishing,
building faces, sanitary and storm sewer systems (including pipe elevations), utilities, areaways (above and
below ground) and other encroachments into the tight -of -way, centerlines, section lines, right -of -way
lines, etc. The surface location of all underground utilities will be determined and located on the survey.
A. Topographical and Utility Survey (including elevations) for one block length of street from building
face to building face. An example would be one block of Washington Street from the intersection of
Dubuque Street east to the intersection of Limn Street. Fee: $2,700
B. Topographical and Utility Survey (including elevations) for one block length of the Pedestrian Mall
from face of building to face of building. Fee: $3,800
C. Utility Survey showing water main, sanitary sewer and storm sewer showing top of rim, inverts, pipe
sizes, pipe material and condition for one block length of street. Fee: $2,750
Note: These prices do not include a final determination of street R.O.W. lines.
The CONSULTANT will prepare a base map in an electronic version in accordance with the CITY
standards. The survey shall be completed using State Plane Coordinates and electronic files shall be in
AutoCAD format and shall comply with City of Iowa City survey standards.
Consultant Involvement: MMS ( Genus - coordination
Deliverables: Digital survey files per City standards
2. The CONSULTANT will prepare construction plans and specifications to implement components of the
study findings. The specific scope and fee of these services will be determined based on the findings of the
study and the CITY'S decision regarding phasing of the work.
II. TIME OF COMPLETION
The Consultant shall complete the following phases of the Project in accordance with the
schedule shown.
Task One Project Startup I Site Inventory + Analysis May— June 2013
Task Two Public Input #1— Information Gathering May - June
Task'I'hree Planning Framework June — July
Task Four Public Input #2 - Presentation of Concept Plans September
- 11 -
Task Five Plan Refinement
Public Input 43 — Presentation of Preferred Plan
Budget Controls and Life Cycle Costs
Task Six Conceptual Design Finalization
Draft Plan Issued to City
Final Products Issued to City
III. GENERAL TERMS
September — October
October
September
November
December
January 2014
A. The Consultant shall not commit any of the following employment practices and
agrees to prohibit the following practices in any subcontracts.
To discharge or refuse to hire any individual because of their race, color,
religion, sex, national origin, disability, age, marital status, gender identity,
or sexual orientation.
2. To discriminate against any individual in terms, conditions, or privileges of
employment because of their race, color, religion, sex, national origin,
disability, age, marital status, gender identity, or sexual orientation.
B. Should the City terminate this Agreement, the Consultant shall be paid for all work
and services performed up to the time of termination. However, such sums shall
not be greater than the "lump sum" amount listed in Section IV, The City may
terminate this Agreement upon seven (7) calendar days' written notice to the
Consultant.
C. This Agreement shall be binding upon the successors and assigns of the parties
hereto, provided that no assignment shall be without the written consent of all
Parties to said Agreement.
D. It is understood and agreed that the retention of the Consultant by the City for the
purpose of the Project shall be as an independent contractor and shall be
exclusive, but the Consultant shall have the right to employ such assistance as
may be required for the performance of the Project.
E. It is agreed by the City that all records and files pertaining to information needed by
the Consultant for the project shall be available by said City upon reasonable
request to the Consultant. The City agrees to furnish all reasonable assistance in
the use of these records and files.
F. It is further agreed that no Party to this Agreement shall perform contrary to any
state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa.
G. At the request of the City, the Consultant shall attend meetings of the City Council
relative to the work set forth in this Agreement. Any requests made by the City
shall be given with reasonable notice to the Consultant to assure attendance.
H. The Consultant agrees to furnish, upon termination of this Agreement and upon
demand by the City, copies of all basic notes and sketches, charts, computations,
-12-
and any other data prepared or obtained by the Consultant pursuant to this
Agreement without cost, and without restrictions or limitation as to the use relative
to specific projects covered under this Agreement. In such event, the Consultant
shall not be liable for the City's use of such documents on other projects.
The Consultant agrees to furnish all reports, specifications, and drawings, with the
seal of a professional engineer affixed thereto or such seal as required by Iowa
law.
J. The City agrees to tender the Consultant all fees in a timely manner, excepting,
however, that failure of the Consultant to satisfactorily perform in accordance with
this Agreement shall constitute grounds for the City to withhold payment of the
amount sufficient to properly complete the Project in accordance with this
Agreement.
K. Should any section of this Agreement be found invalid, it is agreed that the
remaining portion shall be deemed severable from the invalid portion and continue
in full force and effect.
L. Original contract drawings shall become the property of the City. The Consultant
shall be allowed to keep mylar reproducible copies for the Consultant's own filing
use.
M. Fees paid for securing approval of authorities having jurisdiction over the Project
will be paid by the City.
N. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the
Iowa Code prohibits a City officer or employee from having an interest in a contract
with the City, and certifies that no employee or officer of the City, which includes
members of the City Council and City boards and commissions, has an interest,
either direct or indirect, in this agreement, that does not fall within the exceptions to
said statutory provision enumerated in Section 362.5.
O. The Consultant agrees at all times material to this Agreement to have and maintain
professional liability insurance covering the Consultant's liability for the
Consultant's negligent acts, errors and omissions to the City in the sum of
$1,000,000.
P. No Modifications to the Scope of Services or other contract terms can be made
without the written consent of both parties. For purposes of this clause, e-mail is to
be considered a writing. Authority to approve changes from the CITY side is vested
solely with the City Manager, unless the City Manager delegates that authority to
another named CITY employee in writing.
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IV. COMPENSATION FOR SERVICES
Task One
Project Startup I Site Inventory + Analysis
$
42,000
Task Two
Information Gathering
$
35,000
Task Three
Planning Framework
$
45,000
Task Four
Presentation of Concept Plans
S
50,000
Task Five
Plan Refinement
$
42,500
Task Six
Conceptual Design Finalization
$
30,000
Reimbursable Expenses
$
14,000
TOTAL PROJECT
$258,500
COMPENSATION RELATED NO'T'ES:
1. Compensation for Services shall not exceed those fees specified in Section IV., and will be invoiced
monthly. All invoices will identify the specific task and shall be invoiced by percentage complete.
2. Reimbursable expenses for CONSULTANT shall include, but not be limited to:
telephone, facsimiles, postage, lodging, food, beverage, mailing, packaging, workshop supplies
printing [ in -office and at print shop ] and travel. All expenses shall be invoiced at 1.0 x actual
expense. Any expenses not listed herein will be reimbursed only with written approval of the CITY.
3. Any change of subcontractors or key project personnel must be approved by the City in writing.
Key personnel are expected to be present /involved at all specified meetings and include the following:
Genus: Brett Douglas and Angie Coyier
studiolNSITE: Dennis Rubba
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V. MISCELLANEOUS
A. All provisions of the Agreement shall be reconciled in accordance with the generally
accepted standards of the Engineering Profession.
B. It is further agreed that there are no other considerations or monies contingent upon
or resulting from the execution of this Agreement, that it is the entire Agreement, and
that no other monies or considerations have been solicited.
FOR THE CITY �A FOR THE CONSULTANT
Y
B : �y�r�' - iS�/\ BY: Brett Douglas
.l
Title: Title: President and Prind al Landsc pe Architect
noto. nntA- April 24, 2013
ATTEST:�/�i�t�c/ %Y • 7C/t�
Approved by:
City Att may's Office
Date
-15-
IOWA CITY STREETSCAPE PROJECT LOCATION - EXHIBIT A
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MAIN IOWA AVE
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CITY I IA
WASHINGTON ST
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UNIVERSITY PUBLIC
• LIBRARY O
CENTRE PEDESTRIAN MALL COLLEGE ST l
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1 BURLINGTON ST
Z W N
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THIS
CONSULTANT AGREEMENT
ENT, made and entered into this 91rd day of
by and between the City of Iowa City, a mun�,ici
referred to as thX City and Genus Landscape Architects, PC, of s
referred to as the
WHEREAS, the CONS TANT will prepare a c
opinions for the Project cation,as described da
incorporated herein by this to 'once.. The plan will
future projects, public and stake older input, user n
cycle costs, and previous studies in olving the project
the City of Iowa City, with primary st eholders bein
Arts, and the University of Iowa. The esign pro es
three j, demonstrating the flexibility of sign, rogi
identify utility constraints that may inhib devel
downtown reach its development potential.
NOW THEREFORE, it is agreed by
contract with the Consultant to providq
I. SCOPE OF SERVICES
Consultant agrees to perform
satisfactory manner.
TASK 1: Project Startup
1.1 Steering Committee
The CONSULTANT
their current views o
This meeting will al
plans, maps, aerial b
site tour of the fill
The CONSULT NT
Focus: Go
Consultant
tl corporation, hereinafter
Moines, Iowa, hereinafter
ntceptua streetseape design and probable cost
/icain Exhibit "A ", attached hereto and
r the existing sit e conditions, current and
vironmental impact, maintainability, life
he project will be under the leadership of
the Iowa City Downtown District, Sumner of the
will explore a range of concepts [ mininmm of
tnuning and budget. Additionally, planting will
tpntent and identify opportunities to help the
NeXin the parties hereto that the City does now
as ftt forth herein.
services for
Inventory + Analysis
and to do so in a timely and
eting #1 . Project Kickoff
vill meet with the steering committee and repr\tlin
the goals and objectives to be accomplished i
o be an opportunity to confirm strategy and schedule,
otographic, studies, and related materials from the C:
oject area will take place. Attendance by key stakeho
will prepare and distribute meeting notes within one
atives of CITY staff to establish
design of the project study area.
s well as gather existing project
. Following this workshop, a
der is highly recommended.
Nee of the meeting date.
, Information Gathering, Identification of project areas that \eed special attention
t: Genus IStudioINSITE— Visit #1
Meeting Minutes — Consultant
Requested Material— City
2-
1.2 Stakeholder Meetings
The CONSULTANT will facilitate discussion with the following groups individually, as d' cted by the
CITY. Each of these meetings will be 1 -2 hour sessions to focus on specific topics asso ated with each
coup. This meeting series will establish current views on the goals and objectives, sit, gy and schedule.
sere agreed upon between the CONSULTANT and the CITY, these meetings stay e combined to meet
obj tives associatecl with particular nteetiug focus. The CONSULTANT will repare and distribute
need notes within one week of the meetings.
Project Technical Committee . Meeting # I
B. University of Iowa. Meeting # I
C. unnner of the Arts . Meeting # I
D. I wa City Downtown District . Meeting # I
Consultant Team avolveutent Genus I StudiolNSITE - Visit #I
Deliverable: Nleeta Minutes
1.3 Study Area Mapping
The CLIENT will pro 'de the necessary base ntap 'tformation for the entire project study area,
including but not limited to — high resolution aerial pit os, parcel ownership maps ( to be obtained from
Johnson County GIS) , existin utility information, as- tilt drawings, design drawings and master plan
reports related to the project a'ea. The CONSUL ANT will compile a single base file to be used by
the planning team for planning. I significant gaps exist in the provided base map information exist, the
CONSULTANT will notify the C ENT to determine the best alternative for acquiring additional
information. CONSULTANT will obta t info ration directly from private utility companies.
Consultant Involvement: Genus - coordinarki and compiling of base files I Review by planning team
Deliverables: composite aerial and vector• no oak of study area for team use
1.4 Site Assessment
'Fire CONSULTAN/phonconversations ll perform rte investigation at analysis of existing conditions, including but not
limited to overhead ty lines, s' nage, crosswalks, tr fic signalization, lighting, vegetation, pavement,
irrigation, sidewalkivate si Wage, sidewalk, street td planter cafes, site furnishings, drainage,
architectural pattet'u( adjac nt land use conditions. The ONSULTANT will review all relevant data,
site and utility survzonit ,current and fixture projects, td applicable studies and summarize the
findings in a report ma'm'ity of site assessment will be sell directed time in the field and via small
group meetings anon conversations with stakeholders. As p rt of the site assess ment process, The
CONSULTANT wiit vith up to (5) five City Departments or ext 'nal stakeholders to understand their
institutional knowlef the project study area and discuss ripe is including but not limited to
maintenance, materutilities, parking, programming and tree care. Where applicable, consultant
team members will ipate either in person or via conference call. ArtH se Design will travel to Iowa
City during the proj understand the site and visit with stakeholders. Thi meeting will likely overlap
with workshops surr ing Public Meeting #1 [ 2.3].
Consultant Involvement All consultants will be involved — this work is self - directed
/ Genus will organize efforts and delegate to team members
Deliverables: /Analysis write -tip for client review and inclusion into final report
-3-
1.5 Utilit\ti'lity Coordination
NSULTANT will contact all utility companies operating in the City of Iowa Ci/rech , termine
tilities are within the project limits and to request exhibits showing the location util ity.
mprovements in the area over the next five years will be requested and inch ed within base
g and discussed again as project phasing is evaluated. The CONSULTA will work with
lity provider to determine the adequacy and condition of each utility s tem as it relates to the
i lysis section contained within the 2012 Master' Plan. Recomme ations and priorities for'
ts pe will be evaluated to align with utility phasing throughout e planning process. The
LT NT will obtain all relevant storm and sanitary sewer info nation from the CITY, as well as
al distr ution for lighting and outlets.
Consultant Involy Went Genus MMS KCL Engineering
Deliverables: Surmna Report — addressing condition of e isting utilities and recommendations, to
include i ntification of utility constraints nat can limit development potential identified in
the
Yield A lysis section of the 2012 , ster Plan. Diagrams identifying specific repair or
expansion pro' cis that are anticipated hall be included.
TASB 2: Information Gathering
2.1 Digital Outreach Setup N
The CONSULTANT will work with
throughout the project and integrated .
available for public access thru f
anticipated that the initial setup % 11
throughout the project process. to C
#1
h am members to create the web database that will be used
to he CITY or ICDD's existing website. The website will be
al CiCouncit approval of this project contract phase. It is
take 30- days and will integrate direct input from the CITY
ONSULTA T will wok with the Steering Committee to identify
the best possible strategies to remote and utilize e website to engage a diverse cross - section of
stakeholders. The MindMixer ite shall be operable an available for public use by the first public input
meeting.
Consultant Involvement: P enus I MindMixer
Team members will par cipate in question response and informati exchange as it relates to their specific
area of expertise, All ' formation shall be coordinated thru Genus.
Deliverable: Wrilter strategies to promote and utilize website
Statis ical smnm9ry of data/conunents from web input process. is information will be presented
per% dical ly throughout the process to the Steering Committee — afte - each public input session
an before the decommissioning of the website at project completion.
2.2 Steering Co unittee Meeting #2
The CONS LTANT will meet with the steering committee to discuss specific and rel vast topics to assist
the plann' g team in moving forward . The CONSULTANT will prepare and dishib e meeting notes
within o e week of the meeting date.
Involvement: Genus I StudioINSITE — Visit #2
Meeting Minutes — Consultant
2.3 Business Owner Meeting #1 and Public Input Meeting #1 — Information Gatheri/tIlleel"SlIcliedu
[ owa City Businesses, Property Owners, Neighborhood Residents, U of I Students and Facultunit), Groups ]
M ting format and agenda shall be sent to the CITY no later than seven (7) days bef led
meek o date. The CITY shall be responsible for providing food and drink for all b siness and public
Business Ow er Meeting #1
The CONSUL NT will host an early morning open -house with repr entatives from affected businesses
to introduce the pr 'ect and discuss their goals and objectives for th roject. This meeting shall be held at
an agreed upon vend and will be promoted jointly between the C NSULTANT and the CITY. The
CITY shall be respons le for any press release and invitations o business owners /property owners.
Public Input Meeting #1
The CONSULTANT will nne with representatives
views on the goals and objective to be acconnplisho
be held at agreed upon venue at will be /bvide
CITY. The CITY shall be responsi e for a
owners. At the CITY's cost, the sessio can
the CITY.
Consultant Team Involvement.- Genus udid[7
Deliverable: Breakfast Meeting with B siness (j
Sununary notes from e It meeting
fro t the connn inity -at -large to establish their current
n the design of the streetscape. This meeting shall
I jointly between the CONSULTANT and the
release and invitations to business owners /property
aped and rebroadcast as determined appropriate by
— Visit #2
and an Evening Public Presentation
2.4 Project Technical Committee yeeting #2 and Stee ng Committee Meeting #3
Share and discuss information ollected from stakeholder rid public input— identify preliminary design
direction. The CONSULTA T will prepare and disll'ibut meeting notes within one week of the meeting
date. This meeting will tak place within hvo weeks from the ublic meeting date.
Consultant Team Involy ment: Genus I StudioINSITE [ via telel tone or video conference ]
Deliverable: Mee tine inutes
2.5 Programming an/ Event Field Inventory
During this pha s the CONSULTANT will position a minhnum of h staff in the project area during
three (3) progr milted events [ Summer festival / Friday night concert cries / home football game [
includes one our past bar close 1, as determined by the CITY. The CON ULTANT will utilize public
survey, dis tssion, photographic inventory and observation to document how various spaces function for
all user gr qts and to gauge public perception during events. Observations will e documented in writing
and repo ed back to the Steering Committee.
Team Involvement: Genus
Written Summary Report
-5-
TASK 3: Planting Framework
3.1 Preliminary Conceptual Sketches
INC CONSULTANT will develop a series of conceptual sketches that are /on t from the CITY
an the steering committee. These sketches are not intended to be devetual designs, but
imag with enough detail that they will facilitate the input process. A mini (3) concepts are
anti cipa d— Mild Tune -up I Intermediate I Aggressive.
Consultant'feam Involvement: All, to be coordinated by Genus
Deliverable — ree distinct streetscape plans for the full study 'ea that reflect opportunities, material
options, order of tagnitude cost, and character. Illustrative dra ings and sheet sections will be produced
to support the conc t plans. A plan graphic with narrative w' I be used to present the core ideas of each
plan, 3 -5 sketches or ection will be produced to illustrate ey features for each plan. Three concepts fm'
way - finding will dove ed and shared via illustrative ravings. The result by the end of this phase
will be a Draft Conceptua Design Plan and Report, will articular focus being given to, but not limited to:
A. Public Realm
• Streetscape treatn tits
• Parking areas
Vehicular circulation
Pedestrian + Bicycle c
Urban -edge landscape
Maintenance and Life
Explore new opportun
Public Safety — includi
B. Recommendations on incentiv s
connectivity and c of
outdoor cafe standards.
safety
ies or lack hawk Mini -Park
safety hicle access in Pedestrian Mall
zoning modi' cations and other items that would improve the
y areas, as we as thoughts on modification to City signage and
C. Streetscape "Kit of Pa s"
• Paving mate als
• Plant mate al / Sheet trees
• Pedestri crossings
• Draina e solutions
• Light'tg - pedestrian , automobile, accent, decorative
• Str egies for dealing with power lines
• St cot furniture
• ignage - way finding and identity
• Information and emergency kiosks
• Public art opportunities
D. District lighting and electrical system design \
service for seasonal vendors and pop - ups \ \d
review of lighting — photometrics, style, maintenance, festival [year -round an
- identify potential for overhead lighting, accent lighting to
plantings, trees, public art, architectural features, etc.
6-
E. Horticulture enhancements [ plantings, irrigation,assessment of existing trees.]
Green Infrastructure
The CONSULTANT team will identify opportunities to implement strategies to improve w r quality,
n ximize rain water infiltration, reduce energy consumption, promote environmental sue ardship, and
ma e the overall project an urban model for responsible design. As part of this stop , Conservation
Desig Forum (CDF) will be utilized as a technical resource throughout the proj t duration. CDF will
be utiliz d by the CONSULTANT team during the project to maximize imp and visibility of
sustainabi ' y efforts. CDF will make 3 visits to the project study area to a is the project team
with project nginee'ing, attend team workshops and and when applica e — meet with the CITY and
stakeholders.
G. Fiscal Responsibility \- discuss cost of materials / design o ions / short and long term
order of magnitude associated N th construction and maintenance to be
V'rfeedback. h of the tl ee concepts.
3.2 Sharing of Preliminary Conng Committee Meeting #4
In effort to refine preliminary o Public Meeting 42, design plans will be presented to the
steering committee a few weekfeedback.
Consultant Team Involvement: GenuY]StudiNNSITE — [ tel econference or video conference ]
Deliverables: 3 Concept Plans an Associated Pr sentatioi — digital presentation
A plan graphic w' r narrative will be used to present the core ideas of each plan, 3-
5 sketches or s tion will be produced o illustrate key features for each plan. Three
concepts for ay- finding will developed nd shared via illustrative drawings.
TASK 4: Presentation of Ct(teept Plans
4.1 Stakebolder Meetin
The CONSULTA will facilitate discussion with the following \and ividually, as directed by the CITY.
These meetings w' I focus on the highlights associated with each ept plans. Following the stakeholder
meetings, the C NSULTANT will meet with the CITY and smmittee to review the designs and
cost estimates The CONSULTANT will prepare and distribute tes within one week of the meetings.
Where poss' le, combining user groups may be explored to 'scussion and allow for a longer
workshop nnat. Where agreed upon between the CONSULTtl CITY, these meetings may be
combine to meet objectives as sociated with particular meeting
A. Project Technical Committee. Nfeeting #3
B. University of Iowa. Meeting #2
C. Summer of the Arts . Nfeeting #2
D. lows City Downtown District . Meeting #2
E, Project Steering Committee Meeting #5
Consultant Team Involvement: Genus I StudiolNSITE — Visit 93
Deliverables: Meeting Minutes
-7-
4.2 Business Owner Meeting #2 and Public Input Meeting #2— Presentation of Concept Plans
[ Iowa City Businesses, Property Owners, Neighborhood Residents, U of I Students and Faculty, Conn iany Groups
usiness Owner Meeting #2
T CONSULTANT will host an early moving open -house with representatives f' m affected businesses
to in sent concept plans and discuss options. This meeting shall be held at an a eed upon venue and will
be prof oted jointly between the CONSULTANT and the CITY. The CIT shall be responsible for any
press rel se and invitations to business owners /property owners.
Public Input Alerting #2
The CONSUL NT will meet with representatives front the con unity -at -large to share the design
concepts in an ope -house format. This meeting shall be held an agreed upon venue and will be
promoted jointly beta en the CONSULTANT' and the CIT . The CITY shall be responsible fo any
press release and invita 'ons to business owners /property ners. Upon the close of this meeting, the
Project Teams expects to h ve clear direction on a prefer ed plan approach, general project budget
expectations and overall ch actor and priority locati s for site improvements. The CONSULTANT will
work with the CITY to tape a able tv video segme t between these two meetings that will provide an
overview of the material and en urage people t provide feedback via the MindMixer site. All taping to
be at CITY expense. The CONS TANT wi prepare and distribute meeting notes within one week
of the meeting date.
Presentations and Deliverables: -
Business Owner Meeting #2, Public Me ing 2, Meeting Minutes, Concept Plans, Illustrative Sketches
Consultant Team Involvement: GMus I StudioNSITE — Visit #3
4.3 Steering Committee #6 — Rev'ew of Public Input Dleet g
The CONSULTANT will m et with tine Steering Commi e to discuss input received on the three concepts to
date and to determine a d ign direction for moving fonva 'fhe CONSULTANT will also attend a City
Council Wo'ksession to rovide a presentation and sumnnar of the 3 concepts znd to provide overview of
feedback from the publi to date. The City Council will inform d ection on moving forward with a refined plan.
'Diming of this meetin hall be coordinated between CONSULTA T and CITY.
Consultant Team Involvement: Genus studiolNSITE [ tel conference or video conference
Deliverable: Me tine Minutes
TASI{ 5: Plan
5.1 Plan Ref ie .cut
The C SULTANT will wok to refine a singular Conceptual Design Plan, su porting graphics and
opinio of probable cost based on feedback received fi'om Key Stakeholders. A fir 1 meeting with the
Clien will be scheduled to present the refined deliverables for review, prior to finalization. Any input from
the ublic Meeting, Project Website or other source will be considered and factored into plan. Upon final
authorization to complete the plan, the Team shall complete a written and graphic repot that sununarizes
the analysis, input process, participant comments, alternative plans and final conceptual development plan.
The final report shall also include a Project Cost Opinion for on -going Maintenance and a multi -yea'
m
implementation strategy. Review recommendations and priorities of streetscape
sequencing with utility schedule and summarize in brief written report.
Present, ions and Deliverables:
Steering nunittee Meeting ( #7) - review of plan direction
'technical C unittee Meeting ( 44) — review of plan direction
Updated projec resentation in digital format and associated handouts
Consultant Team In olvement All involved in development of concept
Gents will lead committee meetings 1 stu ' INSITE to
participate in Steering Committee Mee ' ig via phone or videoconference
Deliverable: Draft Plan t r client review and conunent [ powerpoint esentation ]
5.2 Budget Controls and Life Cycle Costs \
To assist the City in evaluating design op
and replacement costs for proposed site
allocations and SSMID resources.
cost estimates will address lifecycle, maintenance,
This information will guide future CIP budget
The CONSULTANT will prepare pre'ninaty ost estimates for both the conceptual design plan The
CONSULTANT shall provide Iifecy e costs for re conceptual plan for the core project area including
replacement costs, maintenance a opetlting exp ises on traffic signals, lighting fixtures, ftuniture,
horticultural elements [ plantings trees, irrigation strat pies ] other proposed enhancements and alternative
paving materials.
Presentations and Deliver les:
Steering Committee Mee utg ( #8) and Technical Committee Meeting ( #5) Joint Meeting - convene to
focus on cost related ite is — maintenance and capital costs
Updated project pree/entation in digital format and associated
Consultant Teat Involvement: All involved in development of concept
Genus I studio INSITE [ via phone or v eoconference ]
Material supporting cost discussion, including but not limited pt bable cost opinion and
phasing diagram. Narrative and spreadsheet that outlines initial pla ning recommendations
with associated capital costs and maintenance costs. Identification o otential state and federal
funding/grant sources for any project area will be identified as part of filk task.
-9-
5.3 Business Owner Meeting #3 and Public Input Meeting #3 — Presentation of Preferred Plan
\iness Businesses, Property Owners, Neighborhood Residents, U of I Students and Faculty, Comr niq� Groups ]
wner Meeting #3 ULTANT will host an early morning open -house with representatives fro affected businesses
d discuss the preferred plan. This meeting shall be held at an agreed pon venue and will be
ointly between the CONSULTANT and the CITY. The CITY shal e responsible for any
e and invitations to business owners /property owners.
Public Input eeting #3
The CONSUL ANT will meet with representatives from the conunt ity -at -large to share graphic,
plans and costs a ociated with a single preferred plan to gain cons tsus. This meeting shall be held at an
agreed upon venu\tapin l be promoted jointly between the C SULTANT and the CITY. The CITY
shall be responsib press release and invitations to bu ness owners /property owners. The
CONSULTANT with the CITY to tape a cable t video segment between these two meetings
that will provide aw of the material and encoura people to provide feedback via the
MindMixer site. to be at CITY expense. Th CONSULTANT will prepare and distribute
meeting notes wite k of the meeting date. T e CITY shall be responsible for any press release
and invitations to w ers /orooerty owners
Presentations and Deliverables:
Public Meeting ( #3)
Digital Presentation - including projec Ian illustrations and narrative
Business Owner Meeting ( #3), Public Me ng ( #3), Meeting Minutes, Concept Plans, Illustrative Sketches
Consultant Team Involvement: /plan t dlolNSITE — Visit 84
5.4 Steeridg Cmumittee #9— Revielic Inpt Meeting
The CONSULTANT will meet Steering nunittee to discuss input received during Public Meeting #3
and to finalize direction of ntaste port.
Consultant Team Involvem t: Genus I studio INSIT) [ via phone or videoconference ]
Deliverable: Meeting Mi tes \
TASI{ 6: Co/directi l De gn Finalization
6.1 Preliminor Issued to City
With clei i and community buy -in established, the \iticlles es wi ll be placed on the overall plan
and sumrt that will serve as the road map for improvhe Project Area.
A draft rll be issued to the Steering Committee for t o weeks for review and comment.
The proj will collect comments and incorporate intpla . Steering Committee meetings
would b the beginning of this task to present/discurt an( then again to discuss how the
commencorporated and to draw closure to the planni.
Preser {tations and Deliverables:
Steering Committee Mee ting ( #10) +Technical Committee Meeting ( #6) —joint meeting
5 hard copy reports distributed for review
Digital Copies of report [ PDF Format ]
-10-
6.2 Final Report Issued to City
he final report and plan will be shared with City for informational purposes and formal acceptance the plan. We
h, e budgeted time for multiple presentations, but will look to the City for guidance on how bes to share the pill]
with ity leaders.
Presentat n and Deliverables:
Deliver Fina Ian Report 15 hard copy reports / Digital Copy of Report
All files availab in digital format
Anticipated Present aions: Project Steering Committee ( #11)
Iowa City — City Council
Taping of final cable tv video segment
OPTIONAL ADDITIONAL
The CONSULTANT will conducN detailed
Information to be gathered will include, ut not be
roadway and sidewalk locations, doorway levatio
building faces, sanitary and storm sewer sys ns (i
below ground) and other encroachments into t t
lines, etc. The surface location of all undergro
of the project study area [ to be defined ].
to, spot elevations, cross - sections, existing
°s, vegetation, driveways, site furnishing,
g pipe elevations), utilities, areaways (above and
ray, centerlines, section lines, right -of -way
will be determined and located on the survey.
A. Topographical and Utility Survey (inc iding eleN tions) for one block length of stret fiont building face
to building face. An example wool e one block f Washington Street from the intersection of
Dubuque Street east to the intersec on of Linn Stree Fee: $2,700
B. Topographical and Utility Sury y (including elevations) r one block length of the Pedestrian Mall
from face of building to face f building. Fee: $3,80)
C. Utility Survey showing wifter main, sanitary sewer and storms ver showing top of rim, inverts, pipe
sizes, pipe material and ondition for one block length of street. ee: $2,750
Note: These prices do tot include a final determination of street R.O.W. 'tes.
The CONSULTAN will prepare a base map in an electronic version 'n accordance with the CITY
standards. The sur ey shall be completed using State Plane Coordinates a d electronic files shall be in
Autocad format a d shall comply with City of Iowa City survey standards.
Consultant Inv Ivement: MMS I Gents - coordination
Deliverables: Digital survey files per City standards
2. The C�ULTANT will prepare construction plans and specifications to implement omponents of the
study fin rags. The specific scope and fee of these services will be determined based on e findings of the
study a d the CITY's decision regarding phasing of the work.
M
II. TIMN OF COMPLETION
The Consultan\ shall complete the following phases of the Project
schedule shown.
Task One
Site Inventory + Analysis
Task Two Public In l R 4I — Information Gathering
Task Three Planning Fra rework
Task Four Public Inpirt 42 Presentation of Concept Plans
Task Five Plan Refinement
Public Input 43 — Pre entation of Prefi
Budget Controls and L e Cycle Costs
Task Six Conceptual Design FinalizN1
Draft Plan Issued to City
Final Products Issued to City
III. GENERAL TERMS /
June 2013
May - June
June — July
September
nce with the
September — October
October
September
November
December
January 2014
A. The Consultant shall of commit a of the following employment practices and
agrees to prohibit th following practic s in any subcontracts.
1. To disch ge or refuse to hire a individual because of their race, color,
religion, ex, national origin, disabi ' y, age, marital status, gender identity,
or sex I orientation.
2. To scriminate against any individual in terms, conditions, or privileges of
e loyment because of their race, col religion, sex, national origin,
di ability, age, marital status, gender identit , or sexual orientation.
B. Shout the City terminate this Agreement, the Consult t shall be paid for all work
and Orvices performed up to the time of termination. Nwever, such sums shall
not Ye greater than the 'lump sum" amount listed in Se tion IV. The City.may
teripinate this Agreement upon seven (7) calendar days written notice to the
C. Ahis Agreement shall be binding upon the successors and asst ns of the parties
hereto, provided that no assignment shall be without the writte consent of all
Parties to said Agreement.
D. It is understood and agreed that the retention of the Consultant by the City for the
purpose of the Project shall be as an independent contractor and shall be
exclusive, but the Consultant shall have the right to employ such assistance as
may be required for the performance of the Project.
-12-
E. It is agreed by the City that all records and files pertaining to information need96 by
the Consultant for the project shall be available by said City upon re nable
request to the Consultant. The City agrees to furnish all reasonable as stance in
\the use of these records and files.
F. furt he r agreed that no Party to this Agreement shall perfor contrary to any
e, federal, or local law or any of the ordinances of the City Iowa City, Iowa.
G. At the equest of the City, the Consultant shall attend me ings of the City Council
relative V the work set forth in this Agreement. Any,,pequests made by the City
shall be q en with reasonable notice to the Consulta to assure attendance.
H. The Consult t p agrees to furnish, upon termina n of this Agreement and upon
demand by th City, copies of all basic notes d sketches, charts, computations,
and any other ata prepared or obtained y the Consultant pursuant to this
Agreement witho cost, and without restric ons or limitation as to the use relative
to specific projecNsovVered under this A Bement. In such event, the Consultant
shall not be liable e City's use of su documents on other projects.
The Consultant agrees tR furnish all
seal of a professional en ineer of
law.
The City agrees to tender th om
however, that failure of the on Its
this Agreement shall cons tute g
amount sufficient to pr perly cc
Agreement.
arts, specifications, and drawings, with the
thereto or such seal as required by Iowa
ant all fees in a timely manner, excepting,
to satisfactorily perform in accordance with
Is for the City to withhold payment of the
ate the Project in accordance with this
K. Should any section of this Agreement e found invalid, it is agreed that the
remaining portions all be deemed severa e from the invalid portion and continue
in full force and of ct.
L. Original contra t drawings shall become the pr erty of the City. The Consultant
shall be allo d to keep mylar reproducible cope s for the Consultant's own filing
use.
M. Fees pai for securing approval of authorities having ' risdiction over the Project
will be id by the City.
a
UPOV signing this agreement, Consultant acknowledged th t Section 362.5 of the
to Code prohibits a City officer or employee from having a interest in a contract
with the City, and certifies that no employee or officer of the ity, which includes
embers of the City Council and City boards and commissionN has an interest,
either direct or indirect, in this agreement, that does not fall within e exceptions to
said statutory provision enumerated in Section 362.5.
The Consultant agrees at all times material to this Agreement to have and maintain
professional liability insurance covering the Consultant's liability for the
Consultant's negligent acts, errors and omissions to the City in the sum of
$1,000,000.
No Modifications to the Scope of Services or other contract terms can be made
without the written consent of both parties. For purposes of this clause, e -mail is to
-13-
be considered a writing. Authority to approve changes from the CITY side Issted
solely with the City Manager, unless the City Manager delegates that a o
another named CITY employee in writing.
IV. COMP SATION FOR SERVICES
Task One Project Startup Site Inventory Analysis
$
42,000
Task Two In rmation Gathering
$
35,000
Task Three Plannii o Framework
$
45,000
Task Four Presentatio of Concept Plans
$
SQ 000
Task Five Plan Refinenten
$
42,500
Task Six Conceptual Design inalization
$
30,000
Reimbursable Ex eases
$
14,000
TOTAL PROJECT V
$258,500
COMPENSATION RELATED NS:
1. Compensation for Services shall t t exceed those fe specified in Section IV., and will be invoiced
monthly. All invoices will ide ify the specific task m shall be invoiced by percentage complete.
2. Reimbursable expenses for ONSULTANT shall include, ut not be limited to:
telephone, facsimiles, po age, lodging, food, beverage, mailii o, packaging, workshop supplies
printing [ in -office and t print shop ] and travel. All expenses all be invoiced at 1.0 x actual
expense. Any expens s not listed herein will be reimbursed only 'th written approval of the CITY.
3. Any change of st contractors or key project personnel nrust be appro d by the City in writing.
Key personnel e expected to be present/involved at all specified meet gs mtd include the following:
Genus Brett Douglas and Angie Coyier
stu 'o1NSITE: Dennis Rubba
V. MISCELLAN
A. All provisions
accepted stanc
-14-
Agreement shall be reconci d in accordance with the generally
of the Engineering Professi .
B. It is further agreed t t there are no other onsiderations or monies contingent upon
or resulting from the ex cution of this Agr ement, that it is the entire Agreement, and
that no other monies or c siderations h ve been solicited.
FOR THE CITY FOR THE CONSULTANT
By: By: Brett Douglas
a ew ayes
Title: hta or Title: President and Principal Landscape Architect
ATTEST:
ty
April 16, 2013
by:
City ttorney's Office
4 /V/,/�� 3
Date
-15-
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I BURLINGTON ST
� MEMORANDUM S
Date: April 16, 2013
To: Tom Markus, City Manager
From: Geoff Fruin, Assistant to the City Manager
Re: Consultant Agreement for the Downtown Streetscape Project
Background:
The FY 2012 -13 CIP budget included $850,000 to help address maintenance needs of
the aging downtown streetscape furnishings (benches, light fixtures, waste receptacles,
planters, bricks, kiosks, etc.). At the time this budget was approved the Iowa City
Downtown District (ICDD) had just formed and was commencing their initial strategic
planning sessions. After participating in these sessions and further discussing district
goals with their board of directors and other local stakeholders, it became apparent that
a more comprehensive approach to guiding capital investments in the downtown
streetscape was a more appropriate step to take.
In addition to the visibly aging condition of various streetscape components, staff and
ICDD representatives have noted several areas where well - planned streetscape
enhancements could help create a cleaner, safer and more environmentally - friendly
district that is more welcoming and easier to navigate. Specifically, improvements to the
electrical and lighting system, way- finding, site furnishings and pedestrian and bicycle
accommodations were noted as areas for potential improvement.
Before expending the $850,000 that was allocated for maintenance of the streetscape in
the district, staff decided to develop a process that will engage the community in multi-
year plan designed to re- envision the streetscape and prioritize capital improvements
for the next several years. In November 2012, staff issued a Request for Proposals
(RFP) for the downtown streetscape project. The RFP attracted significant interest
across the country and produced a total of eighteen timely responses from urban design
teams, all of which were given full consideration. Recognizing that this project will have
a significant impact on various external stakeholder groups, staff assembled an RFP
review committee that included representatives of the ICDD, University of Iowa, and
Summer of the Arts (SOTA).
The review committee initially narrowed the pool of respondents to five consultant
teams. Each of those teams came to Iowa City on March 14th for presentations and
interviews. Upon conclusion of the in- person meetings, the committee selected one
preferred consultant team. Since that time, staff from the City Manager's Office, Parks
and Recreation, Public Works and Legal has been working to negotiate an acceptable
scope of services agreement.
Discussion of Solutions:
The existing streetscape plan for the core downtown area was completed in the late
1990s. A similar type of plan for the Northside Marketplace was completed
approximately five years ago. It is common that cities with a vibrant downtown need to
re -plan their streetscape every ten to fifteen years. In high traffic areas, such as
downtown Iowa City, street furnishings and pedestrian surfaces experience
considerable wear and tear. Furthermore, local market conditions and
April 16, 2013
Page 2
pedestrian /consumer behaviors can change considerably in ten to fifteen year time
period. It is important for the health and vibrancy of the district that streetscape
elements remain in good condition and adapt to meet the shifting needs and demands
of a changing demographic. While an updated plan is certainly warranted, it is not
expected that the plan will be a `clean slate' type of project. Rather, the design team will
be charged with assessing the existing streetscape and identifying opportunities that
leverage the current strengths, while developing new ideas to better meet the needs
and vision of the district in the coming years.
The RFP review committee has recommended a consultant team being led by Genus
Landscape Architects out of Des Moines, Iowa. The Genus led team also includes
several partner firms including StudiolNSITE (Denver, CO), MMS Engineers (Iowa City,
IA), Conservation Design Forum (Elmhurst, IL), KCL Engineering (West Des Moines,
IA), and Art House Design (Denver, CO). The review committee felt strongly that this
collection of firms compliments each other very well and provides the necessary
experience, skills and expertise to best meet the demands of this project.
The proposal includes a full site assessment of the project area, which is generally
described as the area bordered by the south side of Burlington, the north side of Iowa,
the east side of Gilbert and the east side of Clinton. The project area also includes the
Old Capitol Town Center block, the City Hall block and the Northside Marketplace. A
robust public input process will include multiple meetings with targeted stakeholder
groups, business and property owners in the project area and the general public. Staff
envisions utilizing a project steering committee consisting of several internal and
external stakeholders that will help manage the project. The final result will be a
comprehensive plan that fully evaluates the condition and capacity of underground
utilities and lays out a vision for the future downtown streetscape. The plan will also
recommend a phasing strategy that can be used to guide capital investments in the
coming years. With a completed plan, the City will be able to target specific phases or
project elements for final design and implementation.
Financial Impact:
The original FY 2012 -13 CIP budget included $850,000 for streetscape maintenance.
These funds were not expended, and with the recently approved FY 2013 -14 budget the
Council reduced the allocation to $350,000 in the current year. The attached consultant
agreement includes a not to exceed cost of $258,500. Staff intends to carry over the
remaining funds into FY 2013 -14 for design development and construction document
preparation related to the phase one improvements that will be identified through the
planning process.
Implementation of the various phases identified by the plan will be dependent on future
funding availability. Staff will prepare a recommendation for implementation this
upcoming winter with next year's budget proposal. Potential funding sources include
General Obligation bonds and Tax Increment Financing (TIF) revenue.
Recommendation:
Staff recommends approval of the attached consultant agreement with Genus
Landscape Architects. Upon execution, work on the plan will commence immediately.
Several stakeholder meetings and in- person and online public input opportunities will be
held throughout the year. It is anticipated that a final streetscape plan will be presented
to the City Council in January of 2014. Depending on the scope of the phase one work
identified in the plan, staff expects implementation to commence in 2014 or 2015.
D ul U9 °.
Prepared by: Eric Goers, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030
RESOLUTION NO. 13 -131
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO
ATTEST AN INTERIM LEASE AGREEMENT AND A NEW LEASE AGREEMENT
TO THE WEDGE DOWNTOWN, INC., D /B /A THE WEDGE DOWNTOWN, FOR
SPACE AT 136 S. DUBUQUE STREET.
WHEREAS, the Iowa City Public Library Building contains commercial space which has been
leased for commercial use since 2006; and
WHEREAS, the space is currently leased to Capanna Coffee Co., Inc. (hereinafter "Capanna "),
with a portion sublet to the Wedge Downtown, Inc., d /b /a The Wedge Downtown (hereinafter,
"The Wedge "); and
WHEREAS, Capanna will be vacating the space; and
WHEREAS, The Wedge, will utilize the space to continue to operate a coffee shop within the
former Capanna space; and
WHEREAS, the. City Manager's Office, with assistance from the City Attorney's Office, has
negotiated an Interim Lease.Agreement with The Wedge for the ground floor Commercial space,
as well as a New Lease Agreement for a term of three (3) years following the vacation by
Capanna; and
WHEREAS, it is in the public interest to enter into said lease for the commercial space as
provided therein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The Interim Lease Agreement and Lease Agreement, both attached hereto and made a part
hereof; are approved as to form and content.
2. The Mayor and the City Clerk are authorized and directed to respectively execute and attest
both the Interim Lease Agreement and the Lease Agreement attached hereto.
3. The City Manager is hereby authorized to manage the Interim Lease Agreement and the
Lease Agreement, with the assistance of the Library Director.
Resolution No. 13-1 -ji
Page 2
Passed and approved this 23rd day of April , 2013
uU Wel :
f J Approved by C�
ATTEST:
CITY aERK City Attorney's Office
It was moved by Champion and seconded by Payne the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Champion
Dickens
x Dobyns
x Hayek
x Mims
x Payne
x Throgmorton
INTERIM LEASE AGREEMENT
This Interim Lease Agreement is made by and between the City of Iowa City, Iowa
(hereinafter referred to as "Lessor ") and The Wedge Downtown, Inc. (hereinafter referred to
as "Lessee ").
RECITALS
A. Capanna Coffee Company, Inc. (hereinafter referred to as "Capanna ") is
presently the tenant and City is the landlord with respect to the lease of 4,580 square feet of
main floor retail space located in the Iowa City Public Library building, 136 S. Dubuque
Street, Iowa City, Iowa (said retail space is hereinafter referred to as the "Parent Lease
Space. ")
B. Lessee entered into a Sublease Agreement with Capanna on or about February
1, 2008, under which Capanna agreed to lease to Lessee approximately 2,445 square feet of
the Parent Lease Space.
C. Capanna is presently in default under the terms of its lease with City, due to its
failure to pay the required rent under said lease, and City is in the process of pursuing its legal
remedies, including but not limited to, eviction, against Capanna, arising out of said default.
D. Pending the outcome of the pending proceedings against Capanna by City,
Lessee and City desire to enter into a direct lease agreement covering the space presently
subleased by Lessee from Capanna.
In consideration of the foregoing and the mutual covenants hereinafter contained, and
for other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged by the parties, City and Lessee hereby agree as follows:
AGREEMENT
1. Date. This Lease Agreement shall be effective on the 23rd day of April, 2013.
2. Premises. City hereby leases to Lessee the real property comprising
approximately 2,445 square feet of main floor retail space (hereinafter referred to as the
"Leased Premises ") located in the Iowa City Public Library building, 136 S. Dubuque Street.,
Iowa City, Iowa, which is more particularly described on the site plan marked Exhibit "A,"
which is attached hereto and incorporated herein, together with the continuous and
uninterrupted right of access to and from the Leased Premises.
3. Term. The term of this lease shall commence on the 23rd day of April, 2013
and shall end on the date that a judgment for possession of the Parent Lease Space has been
entered in a Johnson County court action in favor of City and against Capanna, or on the date
-2-
on which the Parent Lease Space has been vacated by Capanna, whichever occurs first, at
which time the parties hereto agree to enter into a three year lease covering the entire Parent
Lease Space. The terms of said three year lease are set forth in a separate lease agreement
between the parties, which is attached hereto and marked Exhibit "B."
4. Rent. Lessee shall pay City $3,345.37 per month rent for the use of the Leased
Premises, payable in advance on or before the first day of each calendar month during the term
of this lease. Said rent shall be prorated for any partial month during the term of this lease.
5. Utilities and Janitorial. Lessee shall pay its share of all utilities on a pro rata
basis based on the square footage of the Leased Premises divided by the total square footage of
the Parent Lease Spaced. Utilities to be paid include water, sewer, and electricity. Lessee
shall be responsible for 50% of janitorial services and regular cleaning services for the Parent
Lease Space, as well as garbage removal. Lessee shall be responsible for cleaning supplies for
the men's restroom and the women's restroom located within the Parent Lease Space.
6. Use of Premises. Lessee shall use the Leased Premises for the conduct of
Lessee's operation of a pizza shop that includes a menu of sandwiches, soups, daily breakfast
entrees, as well as pizza and any other activities reasonably related thereto. The Leased
Premises may not be used for any other purpose without written approval of City.
7. Prohibited Behavior. Neither smoking nor sale or consumption of alcoholic
beverages is allowed anywhere on the Leased Premises. This includes both lessee- occupied
areas and all common areas of the building.
8. Assignment and Subletting. Lessee shall not assign this Lease Agreement, or
sublease all or a part of the Leased Premises for any purpose, without the prior written consent
of City.
9. Repairs and Maintenance. Lessee shall make ordinary interior repairs on the
Leased Premises, and as well shall be responsible for protecting against insect and pest
infestation. City shall maintain and promptly make all exterior repairs and common area
maintenance. All repairs, replacements or retro - fitting of a permanent character (including,
but not limited to, components in the air conditioning, boiler and heating systems, HVAC
system, sprinkler system, gas lines, electrical and plumbing fixtures and hot water systems,
including heaters), and all floors and floor services, wall, roof (including water tightness),
foundation, footings, Building Systems (as herein defined) and structural repairs, support
systems, strengthenings, alterations, reconstructions, or additions necessitated by reason of
lapse of time, weaknesses or decay, or damage to or destruction of the Leased Premises, or to
any part thereof, or which may, at any time, be required by any governmental or public
authority, except for any damage caused solely by lessee's negligence. Lessee shall promptly
notify City of any known defect, damage, decay or dangerous condition associated with the
Building Systems. As used herein, the term "Building Systems" means the building utility
elements essential for Lessee's use and occupancy of the Leased Premises, including, but not
-3-
limited to, such systems as are not readily accessible to Lessee, such as underground water,
sewer, electric, and other utility lines and all elevator services and maintenance services related
to the Leased Premises.
10. Signage. Lessee may, at Lessee's expense, install signage, consistent with City
code requirements, and subject to the approval of City. Lessee is responsible for the care,
maintenance and replacement of any and all signs.
11. Taxes. Landlord shall pay all real estate taxes and special assessments for the
above - described property for the period of time Tenant is in possession. Therefore,
commencing on the first day of this lease and on the first day of each month thereafter during
the term of this lease, Tenant shall pay, as additional rent, 1/12' of the real estate taxes and
special assessments accruing during that month. Landlord shall make the semi - annual payment
for real estate taxes, as well as all special assessments, to the county treasurer before the same
become delinquent.
Any deficiency in the amount necessary to timely pay the obligations provided
for shall be promptly reimbursed by Tenant upon notice via regular first -class mail. At the end
of each fiscal year a reconciliation will take place to refund any excess funds collected by
Landlord to Tenant, or for Tenant to pay Landlord whatever additional sums are needed to
account for all taxes accrued during Tenant's tenancy.
Tenant shall further pay all taxes assessed against and levied upon Tenant's
trade fixtures, and all other personal property of Tenant contained in the Premises. As used
herein, the term "real estate tax" includes any form of tax, assessment, license and permit
fees, rent tax, income tax, franchise tax, levy, penalty, or tax imposed by any authority having
the direct or indirect power to tax, including any city, county, state or federal government, or
any school, agricultural, lighting, drainage or other improvement district thereof or any public
or quasi - public agency or governmental authority, upon any legal or equitable interest of
Landlord in the Premises, upon Landlord's right to rent or business of leasing the Premises, or
upon Tenant's use or occupancy of the Premises.
Tenant and Landlord agree to promptly provide the other with copies of
statements for taxes so that payment can be made in a timely manner and each can document
the amount of the payments due and made.
12. Insurance. Lessee covenants and agrees that it will, at its own expense,
procure and maintain general insurance in a company or companies authorized to do business
in the state of Iowa, in the following amounts:
M
Type of Coverage:
(a) Comprehensive General Liability Each Occurrence Aggregate
(1) Bodily injury and property damage $1,000,000.00 $2,000,000.00
(b) Excess Liability $1,000,000.00 $1,000,000.00
(c) Worker's compensation insurance as required by Chapter 85, Code of Iowa
Lessee's insurance carrier shall be A rated or better by A. M. Best. Lessee shall name City as
an additional insured. Lessee shall deliver to City, within thirty days of execution of this
Lease Agreement, certificates of insurance and copies of said policies, naming the City as an
additional insured. Lessee shall provide fifteen days' notice to City before cancellation of said
insurance.
13. Indemnity. City hereby disclaims, and Lessee hereby releases City from any
and all liability, whether in contract or tort (including strict liability and negligence) for any
loss, damage or injury of any nature whatsoever sustained by Lessee, its employees, agents or
invitees during the term of this Lease Agreement, including, but not limited to, loss, damage
or injury to the property of Lessee that may be located or stored in the Leased Premises, unless
such loss, damage or injury is caused by City's gross negligence or intentional willful
misconduct. The parties hereby agree that under no circumstances shall City be liable for
indirect, consequential, special or exemplary damages, whether in contract or tort (including
strict liability and negligence), such as, but not limited to, loss of revenue or anticipated profits
or other damage related to the leasing of the Leased Premises under this Lease Agreement.
14. Damage or Destruction. If the Leased Premises is damaged or destroyed in
whole or in part by fire or other casualty, City shall repair and restore the Leased Premises to
a good tenantable condition. All rent shall wholly abate in case the entire Leased Premises is
untenantable, or shall abate pro rata for the portion rendered untenantable in case a part only is
untenantable, until the Leased Premises is restored to a tenantable condition. City shall
commence and complete all work required to be done under this Section with reasonable
promptness and diligence. In the event City repairs or restores the Leased Premises, the rent
due under this Lease Agreement shall be abated or reduced proportionately during any period
which, by reason of such damage or destruction, there is any interference with the operation of
the business of Lessee. If City does not commence the repair or restoration within fifteen (15)
days after the damage or destruction occurs, or if repair or restoration will require more than
ninety (90) days to complete, Lessee may, at Lessee's option, terminate this Lease Agreement
by giving City notice of Lessee's election to do so at any time prior to the commencement of
the repair or restoration. In that event, this Lease Agreement shall terminate as of the date of
such damage or destruction, without further liability other than accrued but unpaid rent,
utilities, and or applicable taxes.
-5-
15. Defaults. The following shall constitute "Events of Default":
(a) Monetary. Lessee shall fail to pay rent at the time required or any other
monetary obligation or repayment required under this Lease Agreement when due, and
such failure shall continue for a period of ten (10) days following written notice from
City to Lessee; or
(b) Non - performance. Lessee shall fail to observe or perform any of the
other covenants, terms or conditions contained in the Lease Agreement, or a warranty
made by Lessee shall fail to be accurate and complete, and such failure shall continue
and not be cured for a period of thirty (30) days after written notice by City to Lessee,
provided that if the default is not reasonably susceptible of being cured within thirty
(30) days, an Event of Default shall occur only if the Lessee fails to promptly
commence such cure or fails thereafter to diligently pursue such efforts to completion;
or
(c) Bankruptcy - Receivership. If (i) Lessee files a petition in bankruptcy or
for reorganization or for an arrangement pursuant to any present or future federal or
state bankruptcy law or under any similar federal or state law, or is adjudicated a
bankrupt or insolvent, makes an assignment for the benefit of its creditors, or admits in
writing its inability to pay its debts generally as they become due, or if a petition or
answer proposing the adjudication or Lessee as a bankrupt or a reorganization of Lessee
under any present or future federal or state bankruptcy law or any similar federal or
state law is filed in any court and such petition or answer is not discharged or denied
within thirty (30) days after the filing thereof; or (ii) A receiver, trustee or liquidator of
Lessee of all or substantially all of the assets of Lessee or the Leased Premises or any
portion thereof is appointed in any proceeding brought by or against Lessee and is not
discharged within thirty (30) days after such appointment or if Lessee consents to or
acquiesces in such appointment.
16. Remedies. Upon the occurrence of an Event of Default by Lessee, or at any
time thereafter during the continuance of such Event of Default, City may take any of the
following actions and shall have the following rights against Lessee:
(a) Termination. City may elect to terminate the Lease Agreement by
giving no less than thirty (30) days' prior written notice thereof to Lessee, and upon the
passage of time specified in such notice, this Lease Agreement and all rights of Lessee
hereunder shall terminate as fully and completely and with the same effect as if such
date were the date herein fixed for expiration of the Term and Lessee shall remain
liable as provided in Section (c) below.
(b) Eviction. City shall have the immediate right upon termination of this
Lease Agreement to bring an action for forcible entry and detainer.
WOE
(c) Lessee to Remain Liable. No termination of this Lease Agreement
pursuant to the provisions of this Lease Agreement, by operation of law or otherwise,
and no repossession of the Leased Premises or any part thereof pursuant to this Lease
Agreement or otherwise shall relieve Lessee of its liabilities and obligations hereunder,
all of which shall survive such termination, repossession or reletting.
(d) Damages. In the event of any termination of this Lease Agreement or
eviction from or repossession of the Leased Premises or any part thereof by reason of
the occurrence of an Event of Default:
(i) Rent and Charges. Lessee shall pay to City the rent and other
sums and charges required to be paid by Lessee for the period to and including
the end of the applicable Term as provided for by Section 3 above.
(e) Rights Cumulative, Non - Waiver. No right or remedy herein conferred
upon or reserved to Lessor is intended to be exclusive of any other right or remedy,
and each and every right and remedy shall be cumulative and in addition to any other
right or remedy given hereunder or now or hereafter existing at law or in equity or by
statute. In addition to the other remedies provided in this Lease Agreement, City shall
be entitled, to the extent permitted by applicable law, to injunctive relief in case of the
violation, or attempted or threatened violation, of any of the covenants, agreements,
conditions or provisions of this Lease Agreement, or to a decree compelling
performance of this Lease Agreement, or to any other remedy allowed to City at law or
in equity.
(f) City's Right to Cure. If after written notice, Lessee fails to pay any
utilities charges described in Section 5, insurance premiums described in Section 12,
the cost of any of the repairs or maintenance required to be made by the Lessee
pursuant to this Lease Agreement or any other charges, costs or expenses required to be
paid under this Lease Agreement, City shall have the right, but not the obligation, to
make all such payments, and in addition to its other remedies under this Lease
Agreement, City shall have the option of requiring Lessee to repay to City the amount
of such payments (which shall be deemed additional rent hereunder) on demand with
interest after demand at 6% rate per annum (the "Default Rate ").
(g) Non - Waiver. The failure of City to insist upon strict performance of any
of the covenants or conditions of the Lease Agreement, or to exercise any options
herein conferred in any one or more instances shall not be construed as a waiver or
relinquishment for the future of any such covenant, condition, or option, but the same
shall be and remain in full force and effect. The receipt by City of any rent or any
other sum payable hereunder with knowledge of the breach of any covenants or
agreements contained herein shall not be deemed a waiver of such breach.
-7-
17. Holding Over. If Lessee remains in possession of the Leased Premises after the
expiration or termination of this Lease Agreement, and without the execution of a new Lease,
Lessee shall be deemed to be occupying the Leased Premises as a Lessee from month -to-
month, subject to all of the conditions, provisions and obligations of this Lease Agreement
insofar as they are applicable to a month -to -month tenancy.
18. Access by City.
(a) City or City's agents, representatives or employees shall have the right at
any time upon at least twenty -four (24) hours oral notice (except in emergencies, in
which case only such notice, if any, as may be feasible under the circumstances shall be
required) to enter upon the Leased Premises for the purposes of inspecting the same,
determining whether this Lease Agreement is being complied with, curing (as permitted
herein) any default by Lessee.
(b) City or City's agents, representatives, or employees shall have the right
whenever necessary and without a notice to enter upon the Leased Premises for the
purpose of repairing or maintaining any of City's property adjacent to or abutting the
Leased Premises.
19. Non - Discrimination. Lessee covenants, in consideration of the right to lease
the Leased Premises that Lessee, its employees, and agents shall not discriminate against any
person in employment or public accommodation because of race, religion, color, creed, gender
identity, sex, national origin, sexual orientation, mental or physical disability, marital status or
age. "Employment" shall include but not be limited to hiring, accepting, registering,
classifying, upgrading, or referring to employment. "Public accommodation" shall include but
not be limited to providing goods, services, facilities, privileges and advantages to the public.
20. Applicable Law. The laws of the State of Iowa shall govern the validity,
performance and enforcement of this Lease Agreement.
21. Notices. Notices, statements, and other communications to be given under the
terms of the Lease Agreement shall be in writing, unless otherwise provided herein, and sent
by certified or registered mail, or by commercial courier, return receipt requested, and
addressed as follows:
If to City:
City of Iowa City
410 East Washington Street
Iowa City, IA 52240
If to Lessee:
Stephen Harding
4625 Sharon Center Road SW
Iowa City, IA 52240
The address and person for written communication may be changed upon ten (10) days written
notice the other party.
22. Severability. The invalidity or unenforceability of any provision of this Lease
Agreement, as determined by a court of competent jurisdiction, shall in no way affect the
validity of the remainder of this Lease Agreement or any other provision hereof.
23. Entire Agreement. This Lease Agreement and any addenda and exhibits
attached hereto or to be attached hereto, set forth all of the covenants, promises, agreements,
and conditions between City and Lessee concerning the Leased Premises and this Lease
Agreement and there are no covenants, promises, agreements, or conditions, either oral or
written, between them. This Lease Agreement may not be modified or amended in any
manner except by an instrument in writing executed by the parties hereto.
24. Binding Effect. The covenants, conditions and agreements contained in the
Lease Agreement shall bind, apply to and inure to the benefit of the parties hereto and their
respective successors.
25. Attorney Fees. If either party named herein brings an action to enforce the
terms of this Lease Agreement or to declare rights hereunder, the prevailing party in any such
action, on trial or appeal, shall be entitled to its reasonable attorney's fees to be paid by losing
party as fixed by the court.
26. Heading. Headings as to the contents of particular sections herein are inserted
only for convenience, and are in no way to be construed as a part of the Lease Agreement or
as a limitation on the scope of the particular section to which they refer.
27. Counterparts. This Lease Agreement may be executed in counterparts, each of
which shall be deemed to be an original and all of which shall, when taken together, constitute
but one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Instrument to be
effective as of the day and year first written above.
CITY OF IOWA CITY, IOWA THE WEDGE DOWNTOWN, INC.,
d /b /a The Wedge Downtown
Y:
Matthew J. Hayek, Mayor Step Harding, President
By: / S
Maria K. Karr, City Clerk
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this .43`"day of ApcuL , 2013, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Matthew J. Hayek and Marian K.
Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor
and City Clerk, respectively, of said municipal corporation executing the within and foregoing
instrument; that the seal affixed thereto is the seal of said municipal corporation; that said
instrument was signed and sealed on behalf of said municipal corporation by authority of its
City Council; and that the said Mayor and City Clerk as such officers acknowledged the
execution of said instrument to be the voluntary act and deed of said corporation, by it and by
them voluntarily executed.
SONDRAEFORT
Commission Number 159791
?i�i
My Comm' 'on Expires
? ao
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
Notary Public in and for the
State of Iowa
On this ITT day of - m , 2013, before me, the undersigned, a Notary
Public in and for the State of Ioka, personally appeared Stephen Harding, to me personally
known, who being by me duly sworn, did identify himself as President of The Wedge
Downtown, Inc., d /b /a The Wedge Downtown, and acknowledge the execution of the
instrument to be his own voluntary act and deed.
MICHAEL W. KENNEDY
Comnwfion Wumbsr 1
Mlt Conrhiaio�Expiin�
Approved:
City Attorney
MK47\037e2841
Notary Public in d for the
State of Iowa
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a
LEASE AGREEMENT
BETWEEN THE CITY OF IOWA CITY AND THE WEDGE DOWNTOWN,
INC.
This Lease Agreement ( "Lease ") is made by and between the City of Iowa City ( "City" or
"Landlord ") and The Wedge Downtown, Inc., d /b /a The Wedge Downtown ( "Tenant ") in Iowa City, Iowa.
RECITALS
A. The City of Iowa City, a municipal corporation, is the owner of fee title to certain premises
situated in the City of Iowa City, State of Iowa, commonly known as the Iowa City Public Library, and has
the authority to lease said premises.
B. The Wedge Downtown, Inc. d /b /a The Wedge Downtown, intends to operate a restaurant and
coffee shop.
C. The parties desire to enter into a lease for space in the Iowa City Public Library, located at
136 S. Dubuque St., Iowa City, IA.
In consideration of the foregoing and the mutual covenants hereinafter contained, and for other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties,
Landlord and Tenant hereby agree as follows:
AGREEMENT
DATE. This Lease is made to be effective as of the 23rd day of April, 2013.
2. PREMISES. Landlord hereby leases to Tenant and Tenant hereby leases and takes from
Landlord for the Term the real property comprising approximately 4,580 square feet of main floor retail
space located in the Iowa City Public Library, 136 S. Dubuque Street, Iowa City, Iowa, more particularly
described in the site plan on Exhibit "A" (the "Premises ") attached hereto and incorporated herein,
together with the continuous and uninterrupted right of access to and from the Premises.
3. TERM. The term of this Lease ( "Term ") shall be three (3) years, commencing on the date that
a judgment for possession of the entire area described on Exhibit "A" has been entered in a Johnson
County court action in favor of the City and against Capanna Coffee Company, Inc. (hereinafter
"Capanna "), unless sooner vacated by Capanna. It is agreed by the parties that on the first anniversary
date of the commencement of this Lease, Landlord and Tenant shall engage in discussions concerning
the possibility of Landlord granting to Tenant an option or options to renew this Lease on mutually
agreeable terms. However, it is clearly understood by both Landlord and Tenant that Landlord is under
no obligation to grant Tenant an option or options to renew this Lease as a result of said discussions.
4. FIT -OUT. Tenant is responsible for any fit -out costs.
5. RENT. Tenant shall pay a deposit for damage or default in the amount of one month's base
rent upon the execution of this lease. Said deposit may not be offered by Tenant in lieu of regular
monthly rent payments. Tenant shall pay to Landlord $6,266.84 per month as rent for the use of the
Premises, payable in advance on or before the first day of each calendar month of the Term. Rent will
not be due or owing during the first month of the lease term.
Rent shall be payable to the City of Iowa City, at 410 E. Washington, Iowa City, IA 52240, or at
such other address as Landlord may designate by written notice as provided herein.
6. UTILITIES AND JANITORIAL. Tenant shall pay for all utilities on a pro rata basis based on
the square footage of the Premises as a percentage of the square footage of the entire building. Utilities
to be paid include water, sewer, gas, and electricity. Tenant shall pay for all janitorial services and
regular cleaning service to the Premises, as well as garbage removal. Landlord will be responsible for
any common area maintenance, including, but not limited to, exterior window cleaning (twice a year), and
sidewalk cleaning. Tenant may wish to enhance the upkeep of the sidewalk and exterior windows as
needed outside of this set maintenance schedule.
7. USE OF PREMISES. Tenant shall use the Premises for the conduct of Tenant's operation of
a restaurant and coffee shop, and any other activities reasonably related thereto. The Premises may not
be used for any other purpose without written approval of Landlord.
8. PARKING. The Premises includes no provision for parking. Tenant must secure its own
parking.
9. QUIET ENJOYMENT. Landlord covenants and agrees that so long as Tenant observes and
performs all of the agreements and covenants required of it hereunder, Tenant shall peaceable and
quietly have, hold and enjoy the Premises for the Term without any encumbrance, interference or
hindrance by Landlord. If Tenant's use of the Premises is limited or denied through rezoning,
environmental impact edict, or other action of any public or quasi - public agency or governmental
authority, this Lease, at the sole option of Tenant, shall terminate as of the effective date of such action
and the rent applying to the unexpired portion of the Term will abate.
10. PROHIBITED BEHAVIOR. Neither smoking nor sale or consumption of alcoholic beverages
is allowed anywhere on the Premises. This includes both tenant - occupied areas and all common areas
of the building.
11. REPRESENTATIONS, WARRANTIES AND COVENANTS OF TITLE. Landlord hereby
represents, warrants and covenants to Tenant that as of the Commencement Date:
(a) Landlord is the sole owner in fee simple of the Premises and has full right, power and
authority to grant the estate demised herein and to execute and perform all of the terms, provisions,
covenants and agreements provided in this Lease;
(b) to the best of its knowledge, the Premises complies with all applicable zoning
requirements, ordinances, regulations, and all applicable laws, affecting the Premises or required in
Tenant's use of the Premises or common areas appurtenant to the Premises, including the Americans
with Disabilities Act (or other laws affecting handicapped access) and any environmental impact or traffic
studies or requirements; and
(c) the Premises does not contain any asbestos or Hazardous Materials (as defined in
Section 28 herein) and Landlord is not in violation of any federal, state or local law, ordinance or
regulation relating to industrial hygiene or to the environmental conditions on, under or about the
Premises including, but not limited to, soil and ground water condition, and that no previous occupant of
the Premises has used, generated, manufactured, stored or disposed of on, under or about the Premises
any Hazardous Materials, as determined by a Court of competent jurisdiction.
12. ASSIGNMENT AND SUBLETTING. Tenant shall not assign this Lease, or sublease all or a
part of the Premises for any purpose, without the prior written consent of Landlord. If Tenant subleases
all or a part of the Premises with Landlord's written consent, Tenant agrees to remain primarily liable for
the payment of rent for the remaining term of this Lease.
13. ALTERATIONS, IMPROVEMENTS AND ADDITIONS. Tenant, without Landlord's consent,
may make any alterations, improvements, or additions in, on or about the Premises, which Tenant may
deem necessary or desirable, except for structural repairs and maintenance, which are the sole
obligation of Landlord, provided such alteration, improvement, or addition costs not more than one
2
thousand dollars ($1,000.00). For any improvements exceeding one thousand dollars ($1,000.00), in
seeking Landlord's approval, Tenant shall submit a written description of the proposed work along with
plans and drawings respecting the same to Landlord for Landlord's approval, which approval shall not be
unreasonably delayed or withheld. Tenant, at its option, may remove such alterations, improvements, or
additions made by it in, on or about the Premises if the removal may be done without structural damage
to the Premises. Tenant's personal property and its trade fixtures, including all machinery, equipment
and furnishings, shall remain the property of Tenant and may be removed by Tenant. Any personal
property, trade fixtures, alterations, improvements, or additions not removed by Tenant within thirty (30)
days after the end of the Term shall automatically become the property of Landlord. Landlord shall, at its
sole expense, make any alterations, improvements or additions to the Premises (structural or non-
structural) that may be required on account of any existing or future laws of any governmental authority,
except alterations, improvements or additions to the Premises as may be required solely by reason of the
nature of Tenant's business. In no event shall Tenant make any changes, modifications, alternations, or
additional to the exterior of the Premises without Landlords' specific written approval, notwithstanding
any provision contained herein to the contrary.
14. REPAIRS AND MAINTENANCE. Tenant shall make ordinary interior repairs in the
Premises, as well as be responsible for protecting against insect and pest infestation. Landlord shall
maintain and promptly make all exterior repairs and common area maintenance, all repairs,
replacements or retro- fitting of a permanent character (including, but not limited to, components in the air
conditioning, boiler and heating systems, HVAC system, sprinkler system, gas lines, electrical and
plumbing fixtures and hot water systems, including heaters), and all floors and floor surfaces, wall, roof
(including water tightness), foundation, footings, Building Systems (as herein defined) and structural
repairs, support systems, strengthenings, alterations, reconstructions, or additions necessitated by
reason of lapse of time, weakness or decay, or damage to or destruction of the Premises, or to any part
thereof, or which may, at any time, be required by any governmental or public authority, except for any
damage caused solely by Tenant's negligence. Tenant shall promptly notify Landlord of any known
defect, damage, decay or dangerous condition associated with the Building System. As used herein,
'Building Systems' means the building utility elements essential for Tenant's use and occupancy of the
Premises including, but not limited to, such systems as are not readily accessible to Tenant, such as
underground water, sewer, electric and other utility lines and all elevator services and maintenance
services related to the Premises. Tenant shall surrender the Premises in as good order, repair and
condition, or better, as the same were in the commencement of the Term, damage by fire and items
covered by extended coverage insurance, unavoidable casualty, reasonable wear and tear, alterations,
improvements and additions made by Tenant and Landlord's failure to repair excepted.
15. SIGNAGE. Tenant may, at Tenant's expense, install signage, consistent with City Code
requirements, and subject to the approval of Landlord. Tenant is responsible for care, maintenance,
and replacement of any and all signs.
16. TAXES. Landlord shall pay all real estate taxes and special assessments for the above -
described property for the period of time Tenant is in possession. Therefore, commencing on the first
day of this lease and on the first day of each month thereafter during the term of this lease, Tenant shall
pay, as additional rent, 1/12th of the real estate taxes and special assessments accruing during that
month. Landlord shall make the semi - annual payment for real estate taxes, as well as all special
assessments, to the county treasurer before the same become delinquent.
Any deficiency in the amount necessary to timely pay the obligations provided for shall be
promptly reimbursed by Tenant upon notice via regular first -class mail. At the end of each fiscal year a
reconciliation will take place to refund any excess funds collected by Landlord to Tenant, or for Tenant
to pay Landlord whatever additional sums are needed to account for all taxes accrued during Tenant's
tenancy.
Tenant shall further pay all taxes assessed against and levied upon Tenant's trade fixtures, and all
other personal property of Tenant contained in the Premises. As used herein, the term 'real estate tax "'
includes any form of tax, assessment, license and permit fees, rent tax, income tax, franchise tax, levy,
penalty, or tax imposed by any authority having the direct or indirect power to tax, including any city,
3
county, state or federal government, or any school, agricultural, lighting, drainage or other improvement
district thereof or any public or quasi - public agency or governmental authority, upon any legal or
equitable interest of Landlord in the Premises, upon Landlord's right to rent or business of leasing the
Premises, or upon Tenant's use or occupancy of the Premises.
Tenant and Landlord agree to promptly provide the other with copies of statements for taxes so
that payment can be made in a timely manner and each can document the amount of the payments
due and made.
17. INSURANCE. Tenant covenants and agrees that it will at its own expense procure and
maintain general insurance in a company or companies authorized to do business in the State of Iowa, in
the following amounts:
Type of Coverage
a. Comprehensive General Liability Each Occurrence Aggregate
(1) Bodily Injury & Property Damage $1,000,000 $2,000,000
b. Excess Liability $1,000,000 $1,000,000
C. Worker's Compensation Insurance as required by Chapter 85, Code of Iowa.
Tenant's insurance carrier shall be A rated or better by A.M. Best. Tenant shall name the Landlord
as an additional insured. Tenant shall deliver to the Landlord, within thirty (30) days of execution of this
Lease, Certificates of Insurance and copies of said policies, naming the Landlord as an additional
insured. Tenant shall provide fifteen (15) days' notice to the Landlord before cancellation of said
insurance.
18. INDEMNITY. Landlord hereby disclaims, and Tenant hereby releases the Landlord from any
and all liability, whether in contract or tort (including strict liability and negligence) for any loss, damage or
injury of any nature whatsoever sustained by Tenant, its employees, agents or invitees during the term of
this Lease, including, but not limited to, loss, damage or injury to the property of Tenant that may be
located or stored in the Premises, unless such loss, damage or injury is caused by the Landlord's gross
negligence or intentional willful misconduct. The parties hereby agree that under no circumstances shall
the Landlord be liable for indirect, consequential, special or exemplary damages, whether in contract or
tort (including strict liability and negligence), such as, but not limited to, loss of revenue or anticipated
profits or other damage related to the leasing of the Premises under this Lease.
19. DAMAGE OR DESTRUCTION. If the Premises is damaged or destroyed in whole or in part
by fire or other casualty, Landlord shall repair and restore the Premises to a good tenantable condition.
All rent shall wholly abate in case the entire Premises is untenantable, or shall abate pro rata for the
portion rendered untenantable in case a part only is untenantable, until the Premises is restored to a
tenantable condition. Landlord shall commence and complete all work required to be done under this
Section with reasonable promptness and diligence. In the event Landlord repairs or restores the
Premises, the rent due under this Lease shall be abated or reduced proportionately during any period
which, by reason of such damage or destruction, there is any interference with the operation of the
business of Tenant. If Landlord does not commence the repair or restoration within fifteen (15) days after
the damage or destruction occurs, or if repair or restoration will require more than ninety (90) days to
complete, Tenant may, at Tenant's option, terminate this Lease by giving Landlord notice of Tenant's
election to do so at any time prior to the commencement of the repair or restoration. In that event, this
Lease shall terminate as of the date of such damage or destruction, without further liability other than
accrued but unpaid rent, utilities and or applicable taxes.
4
20. CONDEMNATION. If all the Premises or a substantial portion thereof is taken by
condemnation or under the power of eminent domain, or sold under the threat of the exercise of said
power (all of which are herein called "condemnation "), this Lease, at Tenant's sole discretion, shall
automatically terminate, without further liability other than accrued but unpaid rent, utilities and or
applicable taxes, as of the date the condemning authority takes title or possession, whichever occurs
first.
If any other taking (of the Premises or otherwise) adversely and substantially affects Tenant's
use, access, or rights of ingress or egress of or to the Premises, then Tenant may elect to terminate this
Lease as of the date the condemning authority takes possession, without further liability other than
accrued but unpaid rent, utilities and or applicable taxes. Tenant's election to terminate shall be made in
writing within thirty (30) days after Landlord has given Tenant written notice of the taking (or in the
absence of such notice, within fifteen (15) days after the condemning authority has taken possession). If
Tenant does not terminate this Lease in accordance with this Section, this Lease shall remain in full force
and effect as to the portion of the Premises remaining, except that rent shall be reduced in the proportion
that the area taken diminishes the value and use of the Premises to Tenant. In addition, Landlord, at its
expense, shall promptly repair any damage to the Premises caused by condemnation and restore the
remainder of the Premises to the reasonable satisfaction of Tenant.
Any award or payment made upon condemnation of all or any part of the Premises shall be
the property of Landlord, whether such award or payment is made as compensation for the taking of the
fee or as severance damages; provided Tenant shall be entitled to the portion of any such award or
payment for loss of or damage to Tenant's trade fixtures, removable personal property, and additions,
alterations and improvements made to the Premises by Tenant, and for its loss of business or the
leasehold herein created or any other consequential or special damages, such as Tenant's relocation
and moving expenses.
21. DEFAULTS. The following shall constitute "Events of Default ":
(a) Monetary. Tenant shall fail to pay rent at the time required or any other monetary
obligation or payment required under this Lease when due, and such failure shall continue for a period of
ten (10) days following written notice from Landlord to Tenant; or
(b) Non - performance. Tenant shall fail to observe or perform any of the other covenants,
terms or conditions contained in the Lease, or a warranty made by Tenant shall fail to be accurate and
complete, and such failure shall continue and not be cured for a period of thirty (30) days after written
notice by Landlord to Tenant, provided that if the default is not reasonably susceptible of being cured
within thirty (30) days, an Event of Default shall occur only if the Tenant fails to promptly commence such
cure or fails thereafter to diligently pursue such efforts to completion; or
(c) Bankruptcy: Receivership. If (i) Tenant files a petition in bankruptcy or for reorganization
or for an arrangement pursuant to any present or future federal or state bankruptcy law or under any
similar federal or state law, or is adjudicated a bankrupt or insolvent, or makes an assignment for the
benefit of its creditors, or admits in writing its inability to pay its debts generally as they become due, or if
a petition or answer proposing the adjudication of Tenant as a bankrupt or a reorganization of Tenant
under any present or future federal or state bankruptcy law or any similar federal or state law is filed in
any court and such petition or answer is not discharged or denied within thirty (30) days after the filing
thereof; or (ii) A receiver, trustee or liquidator of Tenant of all or substantially all of the assets of Tenant
or of the Leased Premises or any portion thereof is appointed in any proceeding brought by or against
Tenant and is not discharged within thirty (30) days after such appointment or if Tenant consents to or
acquiesces in such appointment.
22. REMEDIES.
5
Upon the occurrence of an Event of Default by Tenant, or at any time thereafter during the
continuance of such Event of Default, Landlord may take any of the following actions and shall have the
following rights against Tenant:
(a) Termination. Landlord may elect to terminate the Lease by giving no less than thirty (30)
days' prior written notice thereof to Tenant, and upon the passage of time specified in such notice, this
Lease and all rights of Tenant hereunder shall terminate as fully and completely and with the same effect
as if such date were the date herein fixed for expiration of the Term and Tenant shall remain liable as
provided in Section (c) below.
(b) Eviction. Landlord shall have the immediate right upon termination of this Lease to bring
an action for forcible entry and detainer.
(c) Tenant to Remain Liable. No termination of this Lease pursuant to the provisions of this
Lease, by operation of law or otherwise, and no repossession of the Premises or any part thereof
pursuant to this Lease or otherwise shall relieve Tenant of its liabilities and obligations hereunder, all of
which shall survive such termination, repossession or reletting.
(d) Damages. In the event of any termination of this Lease or eviction from or repossession
of the Premises or any part thereof by reason of the occurrence of an Event of Default:
(i) Rent and Charges. Tenant shall pay to Landlord the rent and other sums and
charges required to be paid by Tenant for the period to and including the end of the applicable Term or
expiration of an exercised option period as provided for by Section 3 above, whichever is later.
(ii) Leased Premises. Landlord shall be entitled to offset any amount owing by Tenant
under the preceding section, (d)(i), against any "value added damages" Landlord may be liable for
pursuant to this Lease.
(e) Rights Cumulative, Non - Waiver. No right or remedy herein conferred upon or reserved
to Landlord is intended to be exclusive of any other right or remedy, and each and every right and
remedy shall be cumulative and in addition to any other right or remedy given hereunder or now or
hereafter existing at law or in equity or by statute. In addition to the other remedies provided in this
Lease, Landlord shall be entitled, to the extent permitted by applicable law, to injunctive relief in case of
the violation, or attempted or threatened violation, of any of the covenants, agreements, conditions or
provisions of this Lease, or to a decree compelling performance of this Lease, or to any other remedy
allowed to Landlord at law or in equity.
(f) Landlord's Right to Cure. If after written notice, Tenant fails to pay any utilities charges
described in Section 5, insurance premiums described in Section 15, the cost of any of the repairs or
maintenance required to be made by Tenant pursuant to the Lease or any other charges, costs or
expenses required to be paid under the Lease, Landlord shall have the right, but not the obligation, to
make all such payments, and in addition to its other remedies under this Lease, Landlord shall have the
option of requiring Tenant to repay to Landlord the amount of such payments (which shall be deemed
additional rent hereunder) on demand with interest after demand at 10% rate per annum. (the "Default
Rate ").
(g) Late Charge, Default Rate. If Landlord does not receive payment of any installment of
rent or any other sum or charge required to be paid by Tenant to Landlord hereunder within ten (10) days
after the same falls due (regardless of whether Tenant has received notice of the delinquency), Landlord
may impose a late charge equal to five percent (5 %) of the amount of such delinquent sum and if such
sum is not received by Landlord within thirty (30) days of its due date, such sum shall, in addition, bear
interest at the Default Rate from the due date until the date paid.
C
(h) Non - Waiver. The failure of Landlord to insist upon strict performance of any of the
covenants or conditions of the Lease, or to exercise any options herein conferred in any one or more
instances shall not be construed as a waiver or relinquishment for the future of any such covenant,
condition, or option, but the same shall be and remain in full force and effect. The receipt by Landlord of
any rent or any other sum payable hereunder with knowledge of the breach of any covenants or
agreements contained herein shall not be deemed a waiver of such breach.
23. HOLDING OVER. If Tenant remains in possession of the Premises after the expiration or
termination of this Lease, and without the execution of a new Lease, Tenant shall be deemed to be
occupying the Premises as a tenant from month -to- month, subject to all of the conditions, provisions and
obligations of this Lease insofar as they are applicable to a month -to -month tenancy.
24. ACCESS BY LANDLORD.
(a) Landlord or Landlord's agents, representatives or employees shall have the right at any
time upon at least twenty -four (24) hours oral notice (except in emergencies, in which case only such
notice, if any, as may be feasible under the circumstances shall be required) to enter upon the Premises
for the purposes of inspecting the same, determining whether this Lease is being complied with, and
curing (as permitted herein) any default by Tenant.
(b) Landlord or Landlord's agents, representatives, or employees shall have the right
whenever necessary and without notice to enter upon the Premises for the purpose of repairing or
maintaining any of Landlord's property adjacent to or abutting the Premises.
25. NON - DISCRIMINATION. Tenant covenants, in consideration of the right to lease the
Premises that Tenant, its employees, and agents shall not discriminate against any person in
employment or public accommodation because of race, religion, color, creed, gender identity, sex,
national origin, sexual orientation, mental or physical disability, marital status or age. "Employment" shall
include but not be limited to hiring, accepting, registering, classifying, upgrading, or referring to
employment. "Public accommodation" shall include but not be limited to providing goods, services,
facilities, privileges and advantages to the public.
26. APPLICABLE LAW. The laws of the State of Iowa shall govern the validity, performance and
enforcement of this Lease.
27. NOTICES. Notices, statements and other communications to be given under the terms of the
Lease shall be in writing, unless otherwise provided herein, and sent by certified or registered mail, or by
commercial courier, return receipt requested, and addressed as follows:
If to Landlord: With Copies to: If to Tenant:
City Manager Iowa City Attorney The Wedge Downtown, Inc.
410 E. Washington 410 E. Washington St. d /b /a The Wedge Downtown
Iowa City, IA 52240 Iowa City, IA 52240 136 S. Dubuque St.
Iowa City, IA 52240
The address and person for written communication may be changed upon ten (10) days'
written notice to the other party.
28. WAIVER OF SUBROGATION. Landlord and Tenant and all parties claiming under or through
them hereby mutually release and discharge each other, any other tenants or occupants of the building
in which the Premises is located, and the officers, employees, agents, representatives, customers and
business visitors of Landlord or Tenant or such other tenants or occupants, from all claims, losses and
liabilities arising from or caused by any hazard covered by insurance on or in connection with the
Premises or said building, even if caused by the fault or negligence of a released party. This release
shall apply only to the extent that such claim, loss or liability is covered by insurance.
7
29. ENVIRONMENTAL MATTERS. Tenant will comply with all environmental laws during the
term of the Lease, but shall bear no liability whatsoever and shall not assume any conditions for any
existing environmental materials or Hazardous Materials on the Premises. Landlord agrees to indemnify,
defend and hold Tenant harmless from and against any and all loss, damage, liability and expense
(including reasonable attorneys' fees) that Tenant may incur as a result of any claim, demand or action
related to environmental conditions, Hazardous Materials or any other environmental laws and
regulations not directly resulting from Tenant's activities on the Premises.
30. HAZARDOUS MATERIALS. The term "Hazardous Materials' as used herein shall include but
not be limited to asbestos, flammable explosives, dangerous substances, pollutants, contaminants,
hazardous wastes, toxic substances, and any other chemical, material or related substance exposure to
which is prohibited or regulated by any governmental authority having jurisdiction over the Premises,
any substances defined as 'hazardous substances," "hazardous materials" or "toxic substances" in the
Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, by
Superfund Amendments and Reauthorization Act 42 U.S.C. §6901, et seq.; the Hazardous Materials
Transportation Ad, 42 U.S.C. §6901, et seq.; Clean Air Act, 42 U.S.C. §7901, et seq.; Toxic
Substances Control Act, 15 U.S.C. §2601, et seq.; Clean Water Act, 33 U.S.C. §1251, et seq.; the
laws, regulations or rulings of the state in which the Premises is located or any local ordinance
affecting the Premises; or the regulations adopted in publication promulgated pursuant to any of such
laws and ordinances.
31. SEVERABILITY. The invalidity or unenforceability of any provision of this Lease, as
determined by a court of competent jurisdiction, shall in no way affect the validity of the remainder of
this Lease or any other provision hereof.
32. ENTIRE AGREEMENT. This Lease and any addenda and exhibits attached hereto or to be
attached hereto, set forth all of the covenants, promises, agreements, and conditions between
Landlord and Tenant concerning the Premises and this Lease and there are no covenants, promises,
agreements or conditions, either oral or written, between them. This Lease may not be modified or
amended in any manner except by an instrument in writing executed by the parties hereto.
33. BINDING EFFECT. The covenants, conditions and agreements contained in the Lease shall
bind, apply to and inure to the benefit of the parties hereto and their respective successors.
34. ATTORNEY FEES. If either party named herein brings an action to enforce the terms of this
Lease or to declare rights hereunder, the prevailing party in any such action, on trial or appeal, shall be
entitled to its reasonable attorney's fees to be paid by losing party as fixed by the court.
35. HEADING. Headings as to the contents of particular sections herein are inserted only for
convenience, and are in no way to be construed as a part of the Lease or as a limitation on the scope of
the particular section to which they refer.
36. COUNTERPARTS. This Lease may be executed in counterparts, each of which shall be
deemed to be an original and all of which shall, when taken together, constitute but one and the same
instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Instrument to be effective as of
the day and year first above written.
Landlord:
Tenant:
CITY OF IOWA CITY THE WEDGE DOWNTOWN, INC..,
d /b /a The Wedge Downtown
L-*1
Stephen ding, President
Attest:
City CI rk
CITY ACKNOWLEDGMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this a3 e a- - day of 4P21 c_ , 2013, before me, the undersigned, a notary
public in and for the State of Iowa, personally appeared Matthew J. Hayek and Marian K. Karr, to me
personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk,
respectively, of said municipal corporation executing the within and foregoing instrument; that the seal
affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on
behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk
as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of
said corporation, by it and by them voluntarily executed.
SO=FORT
o t Commis1
y Co
Notary Public in and for the State of Iowa
THE WEDGE DOWNTOWN, INC., D /B /A THE WEDGE DOWNTOWN
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this / q"` day of &I-t / , 2013, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Stephen Harding, to me personally known, who
being by me duly sworn, did identify himself as President of The Wedge Downtown, Inc., d /b /a The Wedge
Downtown, and acknowledge the execution f the instrument tojpe his own voluntary act and deed.
MICHAEL W. KENNEDY
Commission Number 108049 Notary Public in and for 06 State of Iowa
My Commission Eoms
—_ k"" 1.2018
Approved:
City Attorney
10
111
•• /n
' l
I
-5-d (1o)
INTERIM LEASE AGREEMENT
This Lease Agreement is made by and between the City of Iowa City, Iowa (hereinafter
referred to as "Lessor ") and The Wedge Downtown, Inc. (hereinafter referred to as Lessee ").
RECITALS
A. Capanna Co ee Company, Inc. (hereinafter referred to as "C an squna ") is
presently the tenant and City the landlord with respect to the lease of 4,5 are feet of
main floor retail space located the Iowa City Public Library building, 6 S. Dubuque
Street, Iowa_ City, Iowa (said ret '1 space is hereinafter referred to as t "Parent Lease
Space. ")
B. Lessee entered into lease Agreement with Ca anna on or about February
1, 2008, under which Capanna agreed o Lease to Lessee appro mately 2,445 square feet of
the Parent Lease Space.
C. Capanna is presently in de ult�under tho.. s of its lease with City, due to its
failure to pay the required rent under said 1 ase, and C' is in the process of pursuing its legal
remedies, including but not limited to, evict n, agai t Capanna, arising out of said default.
D. Pending the outcome of the pen in proceedings against Capanna by City,
Lessee and City desire to enter into a direct lea agreement covering the space presently
subleased by Lessee from Capanna.
In consideration of the foregoing yd the m teal covenants hereinafter contained, and
for other good and valuable consideratio3f, the receijx and sufficiency of which are hereby
acknowledged by the parties, City and Pssee hereby lqgree as follows:
AGREEMENT
1. - Date. This LeaseAgreement sball be effecke on the
2013.
2. Premises. Ci hereby leases to Lessee the real ro
approximately 2,445 squar feet of main floor retail space ( herei
"Leased Premises ") locat in the Iowa City Public Library buildi
Iowa City, Iowa, which ' more particularly described on the site p
which is attached heret and incorporated herein, together with the
uninterrupted right of ccess to and from the Leased Premises.
day of April,
ty comprising
referred to as the
136 S. Dubuque Street,
marked Exhibit "A,"
itinuous and
3. Ter . The term of this lease shall continence on the day of April, 2013
and shall end on t e date that a judgment for possession of the Parent Lease Space has been
entered in a Joh on County court action in favor of City and against Capanna, at which time
-2-
the parties hereto agree to enter into a three year lease covering the entire Parent Lease Space.
The terms of said three year lease are set forth in a separate lease agreem t between the
parties, which is attached hereto and marked Exhibit "B."
4. Rent. Lessee shall pay City $3,345.37 per month rent f r the use of the Leased
Premises, payable in advance on or before the first day of each calen r month during the term
of this lease. Said rent shall be profated for any partial month duri the term of this lease.
5. Utilities and
basis based on the square footage of 1
the Parent Lease Spaced. Utilities to
shall be responsible for 50% of janit(
Lease Space, as well as garbage rem(
the men's restroom and the women's
6. Use of Premises. Lessee
Lessee shall pay its sha of all utilities on a pro rata
Leased Premises mvi d by the total square footage of
paid include water, ewer, and electricity. Lessee
1 services and reg r cleaning services for the Parent
tLessee shall lithin responsible for cleaning supplies for
koom located the Parent Lease Space.
shall use the Leased Premises for the conduct of
Lessee's operation of a pizza shop that incl
entrees, as well as pizza and any other acti
Premises may not be used for any other pu
7. Prohibited Behavior.
beverages is allowed anywhere on the
areas and all common areas of the bui
nment and Sublet
sublease all or a part of the Leased
of City.
9. Repairs and
Leased Premises, and as well
infestation. City shall mainta
maintenance. All repairs, rel
but not limited to, compone
system, sprinkler system, g s
including heaters), and all o
foundation, footings, Buil inl
systems, strengthenings, lter
s Zasonablv enu of sandwiches, soups, daily breakfast
,-s related thereto. The Leased
without written approval of City.
ing nor sale or consumption of alcoholic
ises. This includes both lessee- occupied
Lease shall not assign this Lease Agreement, or
for anA purpose, without the prior written consent
:nance. Lessee shad
be responsible for p
promptly make all
Lents or retro - fitting
make ordinary interior repairs on the
)tecting against insect and pest
r terior repairs and common area
s in the air conditioning, boi .
lines, electrical and plumbic
)rs and floor services, wall,
Systems (as herein defined)
ttions, reconstructions, or ac
permanent character (including,
r and heating systems, HVAC
Txtures and hot water systems,
(including water tightness),
n structural repairs, support
itio s necessitated by reason of
lapse of time, weakness s or decay, or damage to or destruction f the Leased Premises, or to
any part thereof, or w ch may, at any time, be required by any g vernmental or public
authority, except for y damage caused solely by lessee's negligen e. Lessee shall promptly
notify City of any kn wn defect, damage, decay or dangerous condid n associated with the
Building Systems. s used herein, the term "Building Systems" mean the building utility
elements essential f r Lessee's use and occupancy of the Leased Premis , including, but not
limited to, such systems as are not readily accessible to Lessee, such as un erground water,
-3-
sewer, electric, and other utility lines and all elevator services and maintenance services related
to the Leased Premises.
10. Signage. Lessee may, at Lessee's expense, install sign ge, consistent with City
code requirements, and subject to the app�oval of City. Lessee is re onsible for the care,
maintenance and replacement of any and lI signs.
11. Taxes. Lessee, during th term of this lease, sh 1 pay promptly when due, its
share of all general ad valorem real estat taxes and asses s based on the square footage of
the Leased Premises divided by the total s uare footage of a Parent Lease Space. Lessee
shall further pay all taxes assessed against nd levied upo Lessee's trade fixtures, and all
other personal property of Lessee contain in the Leas Premises. As used herein, the term
"real estate tax" includes any form of tax,
income tax, franchise tax, levy, penalty, or
indirect power of tax, including any city, c<
agricultural, lighting, drainage or other imp
public agency or governmental authority, u]
Leased Premises.
nt icense and permit fees, rent tax,
ed by any authority having a direct or
ate, or federal government or any school,
it district thereof, or any public or quasi -
legal or equitable interest of City in the
12. Insurance. Lessee cove s aT agrees that it will, at its own expense,
procure and maintain general insuranWoun a co pany or companies authorized to do business
in the state of Iowa, in the following ts:
T ype of Coverage:
(a) Comprehensive General
(1) Bodily injury and
(b) Excess Liability
(c) Worker's
Lessee's insurance ca
an additional insured.
Lease Agreement, ce
additional insured.
insurance.
Occurrence
damage $1,000,000.00
Aggregate
$2,000,000.00
$11000,000.00 $1,000,000.00
insurance as required bA Chapter 85, Code of Iowa
shall be A rated or better by . M. Best. Lessee shall name City as
see shall deliver to City, wit hi thirty days of execution of this
rtes of insurance and copies of id policies, naming the City as an
shall provide fifteen days' noti to City before cancellation of said
13. fery mnit . City hereby disclaims, and Lesse hereby releases City from any
and all liabilther in contract or tort (including strict 1 bility and negligence) for any
Loss, damage of any nature whatsoever sustained by essee, its employees, agents or
invitees duri erm of this Lease Agreement, including, bu not limited to, loss, damage
or injury to . erty of Lessee that may be located or stored 'n the Leased Premises, unless
-4-
such loss, damage or injury is caused by City's gross negligence or inte
misconduct. The parties hereby agree that under no circumstances shall
indirect, consequential, special or exemplary damages, whether in contr
strict liability and negligence), such as, b not limited to, loss of reveni
or other damage related to the leasing ofthe Leased Premises under this
14. Damage or Destruction. If the Leased Premises is
whole or in part by fire or other casualty City shall repair and rest+
a good tenantable condition. All rent sha 1 wholly abate in case the
untenantable, or shall abate pro rata for th
untenantable, until the Leased Premises is
commence and complete all work required
promptness and diligence. In the event Cit y
due under this Lease Agreement shall be abi
which, by reason of such damage or destruc
the business of Lessee. If City does not con
portion rendered untei
stored to a tenantable
t be done under this
epairs or restores
nal willful
ty be liable for
or tort (including
ir anticipated profits
ase Agreement.
Jari#ged or destroyed in
Fthe Leased Premises to
tire Leased Premises is
ble in case a part only is
ondition. City shall
ction with reasonable
Leased Premises, the rent
or reduced pr ortionately during any period
there is any nterference with the operation of
ace the rep r or restoration within fifteen (15)
pair o restoration will require more than
's o 'on, terminate this Lease Agreement
days after the damage or destruction occurs, or ii�
ninety (90) days to complete, Lessee may, at Lessil
by giving City notice of Lessee's election to do so
the repair or restoration. In that event, this Lease
such damage or destruction, without further liabili
utilities, and or applicable taxes.
15. Defaults. The following shall
(a) Monetary. Lessee
monetary obligation or repayment
such failure shall continue for a v(
City to Lessee; or
agg time prior to the commencement of
eement shall terminate as of the date of
ther than accrued but unpaid rent,
"Events of Default ":
fail to paV rent at the time required or any other
ired undek this Lease Agreement when due, and
of ten (101 days following written notice from
(b) Non- /ea e. Lessee shall fail o observe or perform any of the
other covenants, terditions contained in th Lease Agreement, or a warranty
made by Lessee shale accurate and compe,and such failure shall continue
and not be cured for of thirty (30) days after written notice by City to Lessee,
provided that if the not reasonably susceptib of being cured within thirty
(30) days, an Event t shall occur only if the L ee fails to promptly
commence such cure thereafter to diligently pur e such efforts to completion;
or
(c) rBatc - Receivership. If (i) Lessee fil e
for reorganizan arrangement pursuant to any pre state bankruptder any similar federal or state la bankrupt or in kes an assignment for the benefit o
writing its inability to pay its debts generally as they become
a petition in bankruptcy or
ent or future federal or
w, or is adjudicated a
f i creditors, or admits in
du or if a petition or
-5-
answer proposing the adjudication or Lessee as a bankrupt or a reorganization of Lessee
under any present or future federal or state bankruptcy law or a y similar federal or
state law is filed in any court and such petition or answer is not ischarged or denied
within thirty (30) days after the filing thereof; or (ii) A receiver, trustee or liquidator of
Lessee of all or substantially all of the assets of Lessee or the eased Premises or any
portion thereof is appointed in any proceeding brought by or gainst Lessee and is not
discharged within thirty (30) days after such appointment or f Lessee consents to or
acquiesces in such appointment.
16. Remedies. Upon the
time thereafter during the continuance of
following actions and shall have the folio
(a) Termination. City
e of an Event of efault by Lessee, or at any
Event of Defa , City may take any of the
rights against essee:
elect t
giving no less than thirty (30) days' p for wr
passage of time specified in such notic , this
hereunder shall terminate as fully and in
date were the date herein fixed for expi tio�
liable as provided in Section (c) below.
(b) Eviction. City shall hav t e
Lease Agreement to bring an action f foi i
(c) Lessee to Remain L' ble. N
pursuant to the provisions of this fease Agrf
and no repossession of the Leas9d Premises
Agreement or otherwise shall r lieve Lessee
all of which shall survive sue termination,
(d) Damages
eviction from or repossc
the occurrence of an Ev
(i)
sums and
the end of
o to inate the Lease Agreement by
to noe ice thereof to Lessee, and upon the
4 Agreement and all rights of Lessee
and with the same effect as if such
of the Term and Lessee shall remain
immediate right upon termination of this
ble entry and detainer,
termination of this Lease Agreement
meat, by operation of law or otherwise,
any part thereof pursuant to this Lease
o its liabilities and obligations hereunder,
ep ssession or reletting.
K the event of any tern
c)n of the Leased Pren
of Default:
and Charges. Lessee
tes required to be paid by Lesse
applicable Term as provided for
ion of this Lease Agreement or
or any part thereof by reason of
pay to City the rent and other
k for the period to and including
Section 3 above.
(e) Ri is Cumulative, Non - Waiver. No right or remedy herein conferred
upon or reserve to Lessor is intended to be exclusive of a \na right or remedy,
and each and e ry right and remedy shall be cumulative adition to any other
right or reme given hereunder or now or hereafter existi or in equity or by
statute. In a dition to the other remedies provided in this reement, City shall
be entitled, o the extent permitted by applicable law, to inrelief in case of the
violation, or attempted or threatened violation, of any of thants, agreements,
WON
conditions or provisions of this Lease Agreement, or to a decree
performance of this Lease Agreement, or to any other remedy al
in equity.
( fl City's Right to Cure. If aft r
utilities charges described in Section 5, ins
the cost of any of the repairs or maintenanc
pursuant to this Lease Agreement or any otb
paid under this Lease Agreement, City shall
make all such payments, and in addition to i
Agreement, City shall have the option of re(
of such payments (which shall be deemed ad
interest after demand at 6 % rate per annum
to City at law or
written notice, Lesse fails to pay any
ance premiums des9ti bed in Section 12,
required to be ma a by the Lessee
-r charges, costs, r expenses required to be
ave the righ/leslunder not the obligation, to
other reme this Lease
ring Less to repay to City the amount
I ional r t hereunder) on demand with
th "De ult Rate ") .
(g) Non - Waiver. The failure of Cit
of the covenants or conditions of the Lease Agr
herein conferred in any one or more instances
relinquishment for the future of any such co na
shall be and remain in full force and effect The
other sum payable hereunder with knowl ge of
agreements contained herein shall not b deemed
17. Holding Over. if Lessee
expiration or termination of this Lease A
Lessee shall be deemed to be occupying
month, subject to all of the conditions,
insofar as they are applicable to a mon►
18. Access by City.
(a) City or
any time upon at least
which case only such
required) to enter upo:
determining whether I
herein) any default IVY
insist upon strict performance of any
kent, or to exercise any options
not be construed as a waiver or
condition, or option, but the same
:ceipt by City of any rent or any
breach of any covenants or
waiver of such breach.
re ins in posse
2 ement, and wi
Leased Premis
ovisions and obliE
to-month tenancy.
n of the Leased Premises after the
at the execution of a new Lease,
as a Lessee from month -to-
ions of this Lease Agreement
ws agents, representatives or
w my -four (24) hours oral notic
ice, if any, as may be feasible
the Leased Premises for the pui
.s Lease Agreement is being coi
Lessee.
nployees shall have the right at
(except in emergencies, in
ader the circumstances shall be
Z es of inspecting the same,
d with, curing (as permitted
(b) Ci or City's agents, representatives, or en
whenever necess ry and without a notice to enter upon the
purpose of repa'ring or maintaining any of City's property
Leased Premis s.
19. Non- Discrimination. Lessee covenants, in considera
the Leased Premises that Lessee, its employees, and agents shall not
shall have the right
Premises for the
t to or abutting the
f the right to lease
Oinate against any
NO
person in employment or public accommodation because of race, religion, color, creed, gender
identity, sex, national origin, sexual orientation, mental or physical disability, marital status or
age. "Employment" shall include but not be limited to hiring, accepting, registering,
classifying, upgrading, or referring to employment. "Public accommodation" shall include but
not be limited to providing goods, servicfs,- facilities, privileges and-advantages to the public.
20. Applicable Law. The la s of the State of Iowa shall g ern the validity,
performance and enforcement of this Lea e Agreement.
21. Notices. Notices, statement , and other communicati s to be given under the
terms of the Lease Agreement shall be in w iting, unless otherwise rovided herein, and sent
by certified or registered mail, or by comet cial courier, return r eipt requested, and
addressed as follows:
If to City:
City of Iowa City
410 East Washington Street
Iowa City, IA 52240
The address and person for written
notice the other party.
22. Severability. The invalidity
Agreement, as determined by a court of cox
validity of the remainder of this Lease Agre
23. Entire Agreement. This
attached hereto or to be attached hereto,
and conditions between City and Lease
Agreement and there are no covenant ,
written, between them. This Lease gri
manner except by an instrument i writi:
If
en Harding
Sharon Center Road SW
City, IA 52240
be changed upon ten (10) days written
nforceability of any provision of this Lease
: jurisdiction, shall in no way affect the
or any other provision hereof.
Agreement and any addenda and exhibits
th all of the covenants, promises, agreements,
ring the Leased Premises and this Lease
:s, agreements, or conditions, either oral or
may not be modified or amended in any
`uted by the parties hereto.
24. Binding Effect. he covenants, onditions and agreements contained in the
Lease Agreement shall bind, ply to and inure o the benefit of the parties hereto and their
respective successoJurt.
25. Atto If either party na ed herein brings an action to enforce the
terms of this Lease t or to declare right hereunder, the prevailing party in any such
action, on trial or al be entitled to its re sonable attorney's fees to be paid by losing
party as fixed by th
26. Heading. Headings as to the contents of particular sections herein are inserted
only for convenience, and are in no way to be construed as a part of the Lease Agreement or
as a limitation on the scope of the particular section to which they refer.
27. Counterparts. This Lease Agreement may be executed i counterparts, each of
which shall be deemed to be an'prigin d all of which shall, when t en together, constitute
but one and the same instrument:,
IN WITNESS WHEREOF,'the \prties hereto have exec d this Instrument to be
effective as of the day and year first wn above.
CITY OF IOWA CITY, IOWA
DOWNTOWN, INC.
Tom Markus, City Manager 1 Stephen Harding, President
MK471037e2841
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EXHIBIT
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i ar PLANS BY KENNEDY CONSTRUCTION 2878 STERUNG DRIVE, IOWA CITY, IOWA 52240 (319) 338 -5966
LEASE AGREEMENT
BETWEEN THE CITY OF IOWA CITY AND THE WEDGE DOWNTOWN,
INC.
This Lease Agreement ( "Lease ") is made by and betwe n the City of Iowa City ( "City" or
"Landlord ") and The Wedge Downtown, Inc., d /b /a The Wedge Do ntown ( "Tenant ") in Iowa City, Iowa.
RECITALS
A. The City of I a City, a municipal corporation, s the owner of fee title to certain premises
situated in the City of Iowa City, State of Iowa, commonly nown as the Iowa City Public Library, and has
the authority to lease said p mises.
B. The Wedge Downto n, Inc. d /b /a The We ge Downtown, intends to operate a restaurant and
coffee shop.
C. The parties desire to a ter into a lea for space in the Iowa City Public Library, located at
136 S. Dubuque St., Iowa City, IA.
In consideration of the foregoing and he mut al covenants hereinafter contained, and for other good and
valuable consideration, the receipt a d su ciency of which are hereby acknowledged by the parties,
Landlord and Tenant hereby agree as Ilo s:
AGREEMENT
1. DATE. This Lease is madeAo tie effective as of the day of April, 2013.
2. PREMISES. Landlord h reby I ases to Tenant and Tenant hereby leases and takes from
Landlord for the Term the real pr perty co prising approximately 4,580 square feet of main floor retail
space located in the Iowa City P blic Librar 136 S. Dubuque Street, Iowa City, Iowa, more particularly
described in the site plan on xhibit "A" ( e "Premises ") attached hereto and incorporated herein,
together with the continuous a uninterrupte right of access to and from the Premises.
3. TERM. The term f this Lease ("Ter N") shall be three (3) years, commencing on the date that
a judgment for possession f the entire area Ascribed on Exhibit "A" has been entered in a Johnson
County court action in f or of the City and gainst Capanna Coffee Company, Inc. (hereinafter
"Capanna "), unless soon vacated by Capanna.
4. FIT -OUT. Tenant is responsible for any fly -out costs.
5. RENT. Tenant shall pay a deposit for dam ge or default in the amount of one month's base
rent upon the exec tion of this lease. Said deposit ay not be offered by Tenant in lieu of regular
monthly rent paym nts. Tenant shall pay to Landlord 6,266.84 per month as rent for the use of the
Premises, payabl in advance on or before the first day f each calendar month of the Term. Rent will
not be due or owi, g during the first month of the lease term
Rent shall be payable to the City of Iowa City, at 41 E. Washington, Iowa City, IA 52240, or at
such other address as Landlord may designate by written note a as provided herein.
6. UTILITIES AND JANITORIAL. Tenant shall pay for II utilities on a pro rata basis based on
the square footage of the Premises as a percentage of the squar ootage of the entire building. Utilities
to be paid include water, sewer, gas, and electricity. Tenant sh pay for all janitorial services and
regular cleaning service to the Premises, as well as garbage remov Landlord will be responsible for
any common area maintenance, including, but not limited to, exterior win ow cleaning (twice a year), and
sidewalk cleaning. Tenant may wish to enhance the upkeep of the sidewalk and exterior windows as
needed outside of this set maintenance schedule.
7. USE OF PREMISES. Tenant shall use the Premises for the conduct of Tenant's operation of
a restaurant and coffee shop, and any other activities reasonably related thereto. The Premises may not
be used for any other purpose without written approval of Landlord.
8. PARKING. The Premises includes no provision for parking. Tenant must secure its own
parking.
9. QUIET ENJOYMENT. Landlord covenants and agrees tha so long as Tenant observes and
performs all of the agreements and covenants required of it here nder, Tenant shall peaceable and
quietly have, hold and enjoy the Premises for the Term witho t any encumbrance, interference or
hindrance by Landlord. If Tenant's use of the Premises i limited or denied through rezoning,
environmental impact edict, or other ion of any public r quasi - public agency or governmental
authority, this Lease, at the sole opti n of Tenant, shall ter nate as of the effective date of such action
and the rent applying to the unexpired ortion of the Term ill abate.
10. PROHIBITED BEHAVIOR. either,
is allowed anywhere on the Premises. is incl
of the building.
11
EPRESENTATIONS, W
represents, warrants and covenants.to T
76 nor sale or consumption of alcoholic beverages
both tenant - occupied areas and all common areas
ES AND COI
at as of the Commencement Date:
Landlord hereby
(a) Landlord is the sole owner i fee simple of the Premises and has full right, power and
authority to grant the estate demised h rei and to execute and perform all of the terms, provisions,
covenants and agreements provided in is L ase;
(b) to the best of its nowled e, the Premises complies with all applicable zoning
requirements, ordinances, regulati s, and a applicable laws, affecting the Premises or required in
Tenant's use of the Premises or ommon are s appurtenant to the Premises, including the Americans
with Disabilities Act (or other law affecting han icapped access) and any environmental impact or traffic
studies or requirements; and
(c) the Premises oes not contain ny
Section 28 herein) and La dlord is not in viol ioi
regulation relating to inc
Premises including, but n
the Premises has used, g
any Hazardous Material,,
u rial hygiene or to t
limited to, soil and gro
,nerated, manufactured, s
as determined by a Court
asbestos or Hazardous Materials (as defined in
i of any federal, state or local law, ordinance or
environmental conditions on, under or about the
d water condition, and that no previous occupant of
)red or disposed of on, under or about the Premises
If competent jurisdiction.
12. ASSIGNMFMT AND SUBLETTING. Ten t shall not assign this Lease, or sublease all or a
part of the Premises r any purpose, without the prio written consent of Landlord. If Tenant subleases
all or a part of the Pr mises with Landlord's written con ent, Tenant agrees to remain primarily liable for
the payment of rent or the remaining term of this Lease.
13. JALTEATI'ONS. IMPROVEMENTS AND ADD IONS. Tenant, without Landlo rd's consent,
may make ons, improvements, or additions in, o or about the Premises, which Tenant may
deem necdesirable, except for structural repair and maintenance, which are the sole
obligation , provided such alteration, improveme or addition costs not more than one
thousand d000.00). For any improvements exceedin one thousand dollars ($1,000.00), in
seeking Laproval, Tenant shall submit a written descri on of the proposed work along with
plans and drawings respecting the same to Landlord for Landlord's a roval, which approval shall not be
unreasonably delayed or withheld. Tenant, at its option, may remove such alterations, improvements, or
additions made by it in, on or about the Premises if the removal may be done without structural damage
2
to the Premises. Tenant's personal property and its trade fixtures, including all machinery, equipment
and furnishings, shall remain the property of Tenant and may be removed by Tenant. Any personal
property, trade fixtures, alterations, improvements, or additions not removed by Tenant within thirty (30)
days after the end of the Term shall automatically become the property of Landlord. Landlord shall, at its
sole expense, make any alterations, improvements or additions to the Premises (structural or non-
structural) that may be required on account of any existing or future laws of any governmental authority,
except alterations, improvements or additions to the Premises as may be required solely by reason of the
nature of Tenant's business. In no event shall Tenant make any changes, modifications, alternations, or
additional to the exterior of the Premises without Landlords' specific written approval, notwithstanding
any provision contained herein to the contrary. /`
14. REPAIRS AND MAINTENANC Tenant shall make ordinary interior repairs in the
Premises, as well as be responsible for pr tecting against insect and pest/ 7/.-Interior
Landlord shall
maintain and promptly make all exterio repairs and common area maintenance, all repairs,
replacements or retro- fitting of a permanent aracter (including, but not Ii ted to, components in the air
conditioning, boiler and heating systems, VAC system, sprinkler sy em, gas lines, electrical and
plumbing fixtures and hot water systems, incl ding heaters), and all fl ors and floor surfaces, wall, roof
(including water tightness), foundation, footi gs, Building Systems as herein defined) and structural
repairs, support systems, strengthenings, aerations, reconstru ions, or additions necessitated by
reason of lapse of time, weakness or decay, o damage to or de ruction of the Premises, or to any part
thereof, or which may, at any time, be require by any govern ental or public authority, except for any
damage caused solely by Tenant's negligent . Tenant sh promptly notify Landlord of any known
defect, damage, decay or dangerous conditio associate with the Building System. As used herein,
'Building Systems' means the building utility ele ents a ential for Tenant's use and occupancy of the
Premises including, but not limited to, such sys ems are not readily accessible to Tenant, such as
underground water, sewer, electric and other tility Ines and all elevator services and maintenance
services related to the Premises. Tenant shall u ender the Premises in as good order, repair and
condition, or better, as the same were in the co mencement of the Term, damage by fire and items
covered by extended coverage insurance, unav i able casualty, reasonable wear and tear, alterations,
improvements and additions made by Tenant d andlord's failure to repair excepted.
15. SIGNAGE. Tenant may, at Te ant's pense, install signage, consistent with City Code
requirements, and subject to the approv I of Lan ord. Tenant is responsible for care, maintenance,
and replacement of any and all signs.
16. TAXES. Landlord shall p y all real esta \rea s and special assessments for the above -
described property for the period o time Tenant is i ession. Therefore, commencing on the first
day of this lease and on the first y of each month ter during the term of this lease, Tenant shall
pay, as additional rent, 1/12th the real estate tad special assessments accruing during that
month. Landlord shall make esemi- annual payr real estate taxes, as well as all special
assessments, to the county tr surer before the same delinquent.
Any deficiency in the a ount necessary to time the obligations provided for shall be
promptly reimbursed by Te ant upon notice via regu-class mail. At the end of each fiscal year a
reconciliation will take pla a to refund any excess fulected by Landlord to Tenant, or for Tenant
to pay Landlord whateve additional sums are needeount for all taxes accrued during Tenant's
tenancy.
Tenant shall furt er pay all taxes assessed against and I vied upon Tenant's trade fixtures, and all
other personal prope y of Tenant contained in the Premises. A used herein, the term 'real estate tax "'
includes any form of ax, assessment, license and permit fees, r t tax, income tax, franchise tax, levy,
penalty, or tax imp ed by any authority having the direct or indir t power to tax, including any city,
county, state or fe eral government, or any school, agricultural, lig ting, drainage or other improvement
district thereof or ny public or quasi - public agency or governmenta authority, upon any legal or
equitable interest f Landlord in the Premises, upon Landlord's right t rent or business of leasing the
Premises, or upon Tenant's use or occupancy of the Premises.
3
Tenant and Landlord agree to promptly provide the other with copies of statements for taxes so
that payment can be made in a timely manner and each can document the amount of the payments
due and made.
17. INSURANCE. Tenant covenants and agrees that it will at its own expense procure and
maintain general insurance in a company or companies authorized to do business in the State of Iowa, in
the following amounts:
Type of Coverage
a. Comprehensive Ge ral Liability
(1) Bodily Injury & roperty Damage
b. Excess Liability \\
C. Worker's Compensation insurance as req
$1,000,000
Aqqregate
$2,000,000
$1,000,000
by Chapter 85, Code of Iowa.
Tenant's insurance carrier shall be A rated or bet r by A.M. Best. Tenant shall name the Landlord
as an additional insured. Tenant shall deliver to the ndlord, within thirty (30) days of execution of this
Lease, Certificates of Insurance and copies of s policies, naming the Landlord as an additional
insured. Tenant shall provide fifteen (15) days' otice to the Landlord before cancellation of said
insurance.
18. INDEMNITY. Landlord hereby disc ims, and Tenant hereby releases the Landlord from any
and all liability, whether in contract or to (in luding strict liability and negligence) for any loss, damage or
injury of any nature whatsoever su/to, Tenant, its employees, agents or invitees during the term of
this Lease, including, but not limit, damage or injury to the property of Tenant that may be
located or stored in the Premises, h loss, damage or injury is caused by the Landlord's gross
negligence or intentional willful mishe parties hereby agree that under no circumstances shall
the Landlord be liable for indirect, ntial, special or exemplary damages, whether in contract or
tort (including strict liability and ne such as, but not limited to, loss of revenue or anticipated
profits or other damage related to t of the Premises under this Lease.
19. DAMAGE OR DESTROCTION. If the Premises is damaged or destroyed in whole or in part
by fire or other casualty, Landl d shall repair and restore the Premises to a good tenantable condition.
All rent shall wholly abate in ase the entire Premises is untenantable, or shall abate pro rata for the
portion rendered untenantab in case a part only is untenantable, until the Premises is restored to a
tenantable condition. Landl d shall commence and complete all work required to be done under this
Section with reasonable romptness and diligence. In the event Landlord repairs or restores the
Premises, the rent due u der this Lease shall be abated, or reduced proportionately during any period
which, by reason of suc damage or destruction, there is any interference with the operation of the
business of Tenant. If L ndlord does not commence the repair or restoration within fifteen (15) days after
the damage or destru ion occurs, or if repair or restoration will require more than ninety (90) days to
complete, Tenant ma , at Tenant's option, terminate this Lease by giving Landlord notice of Tenant's
election to do so at ny time prior to the commencement of the repair or restoration. In that event, this
Lease shall terminate as of the date of such damage or destruction, without further liability other than
accrued but unpaidl�ent, utilities and or applicable taxes.
20. CONE
condemnation or,
power (all of wl i
automatically ter
applicable taxes,
first.
EMNATION. If all the Premises or a substantial portion thereof is taken by
under the power of eminent domain, or sold under the threat of the exercise of said
ch are herein called "condemnation "), this Lease, at Tenant's sole discretion, shall
mate, without further liability other than acc ued but unpaid rent, utilities and or
as of the date the condemning authority takes title or possession, whichever occurs
4
If any other taking (of the Premises or otherwise) adversely and substantially affects Tenant's
use, access, or rights of ingress or egress of or to the Premises, then Tenant may elect to terminate this
Lease as of the date the condemning authority takes possession, without further liability other than
accrued but unpaid rent, utilities and or applicable taxes. Tenant's election to terminate shall be made in
writing within thirty (30) days after Landlord has given Tenant written no ce of the taking (or in the
absence of such notice, within fifteen (15) days after the condemning autho .ity has taken possession). If
Tenant does not terminate this Lease in accordance with this Section, this ease shall remain in full force
and effect as to the portion of the Premises remaining, except that rent s all be reduced in the proportion
that the area taken diminishes the value and use of the Premises to T nant. In addition, Landlord, at its
expense, shall promptly repair any damage to the Premises cause by condemnation and restore the
remainder of the Premises to the reasonable satisfaction of Tenant.
Any award or payment made up n condemnation of II or any part of the Premises shall be
the property of Landlord, whether such aw d or payment ism de as compensation for the taking of the
fee or as severance damages; provided enant shall bee it' to the portion of any such award or
payment for loss of or damage to Tenant' trade fixtures, emovable personal property, and additions,
alterations and improvements made
to a Premises b Tenant, and for its loss of business or the
leasehold herein created or any other co sequential o special damages, such as Tenant's relocation
and moving expenses.
21. DEFAULTS. The following shalllconstitu)k "Events of Default ":
(a) Monetary. Tenant shall I f it to ay rent at the time required or any other monetary
obligation or payment required under this L as when due, and such failure shall continue for a period of
ten (10) days following written notice from L dlord to Tenant; or
(b) Non- performance. /ault
terms or conditions contained in th,
complete, and such failure shall cr
notice by Landlord to Tenant, prot
within thirty (30) days, an Event of h
cure or fails thereafter to diligent ly ui
(c) Bankrupt
or for an arrangement pi
similar federal or state le
benefit of its creditors, or
a petition or answer prof
under any present or futi
any court and such petiti
thereof; or (ii) A receiver,
or of the Leased Prem E
Tenant and is not dis9fia
acquiesces in such a�poi
22.
Upon
continuance of s
following rights
all fail to observe or perform any of the other covenants,
r a warranty made by Tenant shall fail to be accurate and
I not be cured for a period of thirty (30) days after written
f the default is not reasonably susceptible of being cured
�I occur only if the Tenant fails to promptly commence such
efforts to completion; or
: Reobivershi p. If (i Tenant files a petition in bankruptcy or for reorganization
rsua to any presen or future federal or state bankruptcy law or under any
N, o is adjudicated a ankrupt or insolvent, or makes an assignment for the
)d its in writing its ina ility to pay its debts generally as they become due, or if
o ng the adjudication f Tenant as a bankrupt or a reorganization of Tenant
r federal or state bank ptcy law or any similar federal or state law is filed in
n or answer is not disch rged or denied within thirty (30) days after the filing
trustee or liquidator of Te ant of all or substantially all of the assets of Tenant
s or any portion thereof is ppointed in any proceeding brought by or against
ged within thirty (30) days fter such appointment or if Tenant consents to or
ntment.
e occurrence of an Event of Default b Tenant, or at any time thereafter during the
i Event of Default, Landlord may take an of the following actions and shall have the
inst Tenant:
(a) (. Termination. Landlord may elect to terminate th &\Lease by giving no less than thirty (30)
days' prior written notice thereof to Tenant, and upon the passage of time specified in such notice, this
Lease and all rights of Tenant hereunder shall terminate as fully and completely and with the same effect
I•~
as if such date were the date herein fixed for expiration of the Term and Tenant shall remain liable as
provided in Section (c) below.
(b) Eviction. Landlord shall have the immediate right upon termination of this Lease to bring
an action for forcible entry and detainer.
(c) Tenant to Remain Liable. No termination of this Lease p rsuant to the provisions of this
Lease, by operation of law or otherwise, and no repossession of thV Premises or any part thereof
pursuant to this Lease or otherwise shall relieve Tenant of its liabilities/and obligations hereunder, all of
which shall survive such termination, repossession or reletting.
(d) Damages. In the ev nt of any termination of this Aase or eviction from or repossession
of the Premises or any part thereof b reason of the occurrence 9f an Event of Default:
(i) Rent and Char s. Tenant shall pay/fib Landlord the rent and other sums and
charges required to be paid by Tenant or the period to an including the end of the applicable Term or
expiration of an exercised option period As provided for by ection 3 above, whichever is later.
(ii) .
under the preceding
pursuant to this Lease
Leased Premises.
section, (d)(i), agai
(e) Rights Cumulative, Non -W�
to Landlord is intended to be exclusive of
remedy shall be cumulative and in addition
hereafter existing at law or in equity or by
Lease, Landlord shall be entitled, to the e e
the violation, or attempted or threatene vic
provisions of this Lease, or to a decre corn
allowed to Landlord at law or in equity.
lord shay be entitled to offset any amount owing by Tenant
any "v ue added damages" Landlord may be liable for
./No right or remedy herein conferred upon or reserved
other right or remedy, and each and every right and
any other right or remedy given hereunder or now or
Aute. In addition to the other remedies provided in this
permitted by applicable law, to injunctive relief in case of
on, of any of the covenants, agreements, conditions or
ling performance of this Lease, or to any other remedy
(f) Landlord's Right to )Cur( If after r
described in Section 5, insurance remiums des it
maintenance required to be ma a by Tenant pu
expenses required to be paid u der the Lease, La
make all such payments, and i addition to its other
option of requiring Tenant to epay to Landlord the
additional rent hereunder) o demand with interest
Rate ").
tten notice, Tenant fails to pay any utilities charges
)ed in Section 15, the cost of any of the repairs or
uant to the Lease or any other charges, costs or
dlord shall have the right, but not the obligation, to
emedies under this Lease, Landlord shall have the
mount of such payments (which shall be deemed
3 er demand at 10% rate per annum. (the "Default
(g) Late Cha(rcie, Default Rate. If Landlord oes not receive payment of any installment of
rent or any other su/du(regardless charge required to be paid by Te ant to Landlord hereunder within ten (10) days
after the same falls of whether Tenant has received notice of the delinquency), Landlord
may impose a late e equal to five percent (5 %) of th amount of such delinquent sum and if such
sum is not receiveandlord within thirty (30) days of its due date, such sum shall, in addition, bear
interest at the Defa e from the due date until the date roa
(h) on- Waiver. The failure of Landlord to insist pon strict performance of any of the
covenants or c ditions of the Lease, or to exercise any options herein conferred in any one or more
instances shall not be construed as a waiver or relinquishment r the future of any such covenant,
condition, or o tion, but the same shall be and remain in full force a d effect. The receipt by Landlord of
any rent or y other sum payable hereunder with knowledge of the breach of any covenants or
agreements c ained herein shall not be deemed a waiver of such bre ch.
X
23. HOLDING OVER. If Tenant remains in possession of the Premises after the expiration or
termination of this Lease, and without the execution of a new Lease, Tenant shall be deemed to be
occupying the Premises as a tenant from month -to- month, subject to all of the conditions, provisions and
obligations of this Lease insofar as they are applicable to a month -to -month tenancy.
24. ACCESS BY LANDLORD.
(a) Landlord or Landlord's agents, representatives or em loyees shall have the right at any
time upon at least twenty -four (24) hours oral notice (except in em rgencies, in which case only such
notice, if any, as may be feasible under a circumstances /Ves, quired) to enter upon the Premises
for the purposes of inspecting the sa e, determining whLease is being complied with, and
curing (as permitted herein) any defaul by Tenant.
(b) Landlord or Landlords agents, represe employees shall have the right
whenever necessary and without noti a to enter upon s for the purpose of repairing or
maintaining any of Landlord's property jacent to or abuttmises.
25. NON - DISCRIMINATION. Te ant covenan in consideration of the right to lease the
Premises that Tenant, its employees, and agent shall not discriminate against any person in
employment or public accommodation ecause o race, religion, color, creed, gender identity, sex,
national origin, sexual orientation, mental r physi I disability, marital status or age. "Employment" shall
include but not be limited to hiring, a eptin , registering, classifying, upgrading, or referring to
employment. "Public accommodation" sh ilb in ude but not be limited to providing goods, services,
facilities, privileges and advantages to the l'
26. APPLICABLE LAW. The laws o he State of Iowa shall govern the validity, performance and
enforcement of this Lease.
27. NOTICES. Notices, stateme s an other communications to be given under the terms of the
Lease shall be in writing, unless othe ise pro ided herein, and sent by certified or registered mail, or by
commercial courier, return receipt re ested, a d addressed as follows:
If to Landlord: With pies to: If to Tenant:
City Manager Iowa ity Attorney The Wedge Downtown, Inc.
410 E. Washington 41O X. Washington t. d /b /a The Wedge Downtown
Iowa City, IA 52240 to a City, IA 52240 136 S. Dubuque St.
Iowa City, IA 52240
The address and person for written col�munication may be changed upon ten (10) days'
written notice to the other \
28. WAIVER OF SLIBROGATION. Landlord a Tenant and all parties claiming under or through
them hereby mutually re ase and discharge each oth r, any other tenants or occupants of the building
in which the Premises ' located, and the officers, em oyees, agents, representatives, customers and
business visitors of L dlord or Tenant or such other to an or occupants, from all claims, losses and
liabilities arising fro or caused by any hazard covere by insurance on or in connection with the
Premises or said b i ding, even if caused by the fault or egligence of a released party. This release
shall apply only tot a extent that such claim, loss or liability 's covered by insurance.
29. ENVI NMENTAL MATTERS. Tenant will com ly with all environmental laws during the
term of the Lea , but shall bear no liability whatsoever and shall not assume any conditions for any
existing environ ental materials or Hazardous Materials on the Premises. Landlord agrees to indemnify,
defend and h d Tenant harmless from and against any and II loss, damage, liability and expense
(including rea onable attorneys' fees) that Tenant may incur as result of any claim, demand or action
related to ronmental conditions, Hazardous Materials or ny other environmental laws and
regulations not directly resulting from Tenant's activities on the Pre ses.
7
30. HAZARDOUS MATERIALS. The term "Hazardous Materials' as used herein shall include but
not be limited to asbestos, flammable explosives, dangerous substances, pollutants, contaminants,
hazardous wastes, toxic substances, and any other chemical, material or related substance exposure to
which is prohibited or regulated by any governmental authority having jurisdiction over the Premises,
any substances defined as 'hazardous substances," "hazardous Vae ' Is" or "toxic substances" in the
Comprehensive Environmental Response Compensation and LiAct of 1980, as amended, by
Superfund Amendments and Reauthorization Act 42 U.S.C. §69seq.; the Hazardous Materials
Transportatio n Ad, 42 U.S.C. §6901, et seq.; Clean Air Act.S.C. §7901, et seq.; Toxic
Substances Control Act, 15 U.S.C. §2601, et seq.; Clean Wate33 U.S.C. §1251, et seq.; the
laws, regulations or rulings of the state which the Premisecated or any local ordinance
affecting the Premises; or the regulation adopted in publication gated pursuant to any of such
laws and ordinances.
31. SEVERABILITY. The invalid ty or unenforceabilitJ of any provision of this Lease, as
determined by a court of competent juri diction, shall in no way affect the validity of the remainder of
this Lease or any other provision hereof.
32. ENTIRE AGREEMENT. This 'ease and any denda and exhibits attached hereto or to be
attached hereto, set forth all of the c venants, pro ises, agreements, and conditions between
Landlord and Tenant concerning the Pre ises and t Lease and there are no covenants, promises,
agreements or conditions, either oral or ritten, be een them. This Lease may not be modified or
amended in any manner except by an inst ument in riting executed by the parties hereto.
33. BINDING EFFECT. The coven nts, c nditions and agreements contained in the Lease shall
bind, apply to and inure to the benefit of th pa ' s hereto and their respective successors.
34. ATTORNEY FEES. If either p
Lease or to declare rights hereunder, the
entitled to its reasonable attorney's fees 1
35. HEADING. Headings as to
convenience, and are in no way to be
the particular section to which they re/
amed herein brings an action to enforce the terms of this
ailing party in any such action, on trial or appeal, shall be
paid by losing party as fixed by the court.
snts of particular sections herein are inserted only for
as a part of the Lease or as a limitation on the scope of
36. COUNTERPARTS. ThV Lease y be executed in counterparts, each of which shall be
deemed to be an original and all f which sh II, when taken together, constitute but one and the same
instrument.
IN WITNESS WHEREO , the parties he to have executed this Instrument to be effective as of
the day and year first above ritten.
Landlord:
CITY OF IOWA CITY
Mayor
Tena
THEW DGE DOWNTOWN, INC..,
d /b /a Thk Wedge Downtown
Stephen Hard)Qg, President
!
Attest:
City Clerk
CITY ACKNOWLEDGMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of , 2013, before me, the undersigned, a notary
public in and for the State of Iowa, personally appeared Matthew J. Hayek and Marian K. Karr, to me
personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk,
respectively, of said municipal corporation executing the within and foregoing instrument; that the seal
affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on
behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk
as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of
said corporation, by it and by them voluntarily executed.
Notary Public in and for the State of Iowa
LEADING EDGE ENTERPRISES, L.L.C., D /B /A NEW YORK NY DELI ACKNOWLEDGMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of , 2013, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Stephen Harding, to me personally known, who
being by me duly sworn, did identify himself as President of The Wedge Downtown, Inc., d /b /a The Wedge
Downtown, and acknowledge the execution of the instrument to be his own voluntary act and deed.
Approved:
City Attorney
Notary Public in and for the State of Iowa
I✓
r 1 04-23-13
CITY OF IOWA CITY 5d(10)
MEMORANDUM
"'UMN.. 71W.
Date: April 18, 2013
To: Tom Markus, City Manager
From: Eric Goers, Asst. City Attorney
Re: Wedge leases in Library Space
As you know, the Library building contains commercial space, planned for future use of the
library, but which since 2006 has been leased out to private businesses. The original tenant
was Leading Edge Enterprises, L.L.C., d /b /a New York, NY Deli, which sublet approximately
half the space to Capanna Coffee Company, Inc., d /b /a Capanna Coffee. In 2008, Council
approved the assignment of the Deli space to Capanna, which in turn sublet approximately half
the space to The Wedge Downtown, Inc., d /b /a The Wedge Downtown.
Capanna has failed to keep up with their financial obligations to the City, and is in the process of
being evicted. The Wedge, which has kept up with all their financial obligations to the City
(through their sublease with Capanna), now wishes to take over the entire commercial space.
The downtown location of the Wedge was assisted in their startup by the City through use of
City CDBG funds. They have expressed an intent to continue running the coffee shop business
in the former Capanna space, though not under the Capanna banner, as well as their Wedge
business.
We are submitting two leases for Council approval. The first, the Interim Lease Agreement, will
cover solely the space presently sublet by the Wedge, and only until Capanna vacates the
remainder of the property. The Lease Agreement will then cover the entire commercial space
for a period of three (3) years. We believe the three year period will allow some flexibility for
both future library needs, as well as possible other private commercial or retail uses of the
space in the future.
Should you have questions, please do not hesitate to contact me.
Cc: Geoff Fruin, Asst. to the City Manager
Eleanor Dilkes, City Attorney
Marian Karr, City Clerk
Susan Craig, Library Director
5d 11�
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030
RESOLUTION NO. 13 -132
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST AN EASEMENT AGREEMENT FOR 426 CHURCH STREET.
WHEREAS, as part of the UniverCity program, the City purchased 426 Church Street, which
shares a driveway and a garage with 430 Church Street;
WHEREAS, presently there is an easement agreement that addresses maintenance of the
driveway and parking on the driveway, but it does not address the garage;
WHEREAS, City staff and the owner of 430 Church Street have negotiated the terms of an
agreement for parking on and maintenance of the driveway and the garage; and
WHEREAS, the attached Shared Access Easement, Parking and Garage Agreement and
Release of Existing Joint Driveway Agreement should be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The Mayor is authorized to sign and the City Clerk to attest to the attached Shared
Access Easement, Parking and Garage Agreement and Release of Existing Joint
Driveway Agreement.
2. The City Clerk is directed to record this Resolution and the attached agreement with the
Johnson County Recorder at City's expense.
Passed and approved this 23rd day of April , 2013.
MAYOR
ATTEST: �C -
CITY CLERK
Approved by _
City Attorney's Office
Resolution No.
Page 2
13 -132
It was moved by Champion and seconded by Payne the
Resolution be adopted, and upon roll call there were:
AYES:
x
x
x
x
x
x
x
NAYS:
F411 -13-11ey IF
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
Prepared by: Susan Dulek, Ass't. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319- 356 -5030)
Return to: Susan Dulek, Ass't. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319- 356 -5030)
SHARED ACCESS EASEMENT, PARKING, AND GARAGE AGREEMENT
AND
RELEASE OF EXISTING JOINT DRIVEWAY AGREEMENT
THIS AGREEMENT is made this 23rd day of April , 2013, by and between the
City of Iowa City, Iowa ( "City "), and Jay R. Berry, Jr. ( "Berry").
WHEREAS, the City and Berry are the owners of two contiguous properties located in Iowa City,
Johnson County, Iowa, with addresses of 426 Church Street, Iowa City, Iowa and 430 Church Street, Iowa
City, Iowa;
WHEREAS, the properties share a driveway and a garage, which are partially located on both
properties;
WHEREAS, a Joint Driveway Agreement dated June 6, 1994 and recorded on June 10, .1994 in
Book 1762, Page 29 of the records of the Johnson County Recorder provides for joint access and
maintenance of the shared driveway but does not provide for maintenance of the shared garage; and
WHEREAS, the parties desire to enter into an agreement for use and maintenance of the driveway,
parking on the driveway, and maintenance of the garage.
NOW, and in consideration of the mutual covenants set forth herein, the parties agree as follows:
1. The City is the owner of the property located in Iowa City, Johnson County, Iowa, with an
address of 426 Church Street, Iowa City, Iowa ( "426 Church "). The legal description for 426 Church is as
follows:
Commencing at a point forty (40) feet west of the southeast corner of Lot 8 in Block
Fifty -one (51) in Iowa City, Iowa, according to the recorded plat thereof thence North
seventy -five (75) feet, thence west forty (40) feet to the west line of said Lot, thence
south seventy -five (75) feet to the southwest corner of said Lot, thence east forty (40)
feet along the south line of said Lot to the place of beginning, subject to driveway
easement over the East four (4) feet thereof, and save and except such part of the said
premises as may be covered by the dwelling and the eaves thereof, as now situated on the
lot adjoining said premises on the west.
2. Berry is the owner of the property located in Iowa City, Johnson County, Iowa, with an
address of 430 Church Street, Iowa City, Iowa ( "430 Church "). The legal description for 430 Church is as
follows:
The east 40 feet of the south 75 feet of Lot 8, Block 51, Original Town of Iowa City, Iowa,
according to the recorded plat thereof.
The City, as owner of 426 Church, and its successors in interest, grants to Berry, the owner
2
of 430 Church, and his successors in interest, an access easement over the east four (4) feet of 426 Church
for the purpose of egress and ingress to, over, and across said easement area.
4. Berry, as owner of 430 Church, and his successors in interest, grants to the City, the owner
of 426 Church, and its successors in interest, an access easement over the west four (4) feet of 430 Church
for the purpose of egress and ingress to, over, and across said easement area.
5. The City and Berry, and their successors in interest, reserve the right to use said easement
area for purposes which will not interfere with the other's full enjoyment of the rights hereby granted;
provided that the owners shall not erect or construct any building, fence, retaining wall or other structures
over the easement area; plant any trees, drill or operate any well; or construct any reservoirs or other
obstructions on said area; or diminish or substantially add to the ground cover over the easement area.
6. The City and Berry, and their successors in interest, agree to bear one -half of the
expense of maintaining the driveway in a reasonably good condition.
7. The City and Berry, and their successors in interest, agree that no vehicles shall be parked
in the shared driveway and that the driveway shall remain free of any obstruction.
8. The City and Berry, and their successors in interest, agree that: a) The garage shall be
maintained in such a manner as to insure its structural integrity and may not be demolished without the
written consent of the parties; b) Neither party may increase the size of the garage without the written
consent of the other party; c) Each shall bear one -half of the expense of maintaining the garage, including
the roof and pavement; d) If the garage is destroyed due to any reason, the parties are not obligated to
construct a new garage, and neither party shall construct a new garage without the written permission of the
other party; e) A party may park a vehicle in the garage but only within said party's property line; and f)
Notwithstanding subparagraph c above, if use of the garage to park a vehicle results in damage to the
garage, the party causing the damage is solely responsible to repair the damage .
9. -The City, as owner of 426 Church, releases the property legally described in Paragraph 2
from the Joint Driveway Agreement dated June 6, 1994 and recorded on June 10, 1994 in Book 1762, Page
29 of the records of the Johnson County Recorder.
10. Berry, as owner of 430 Church, releases the property legally described in Paragraph 1 from
the Joint Driveway Agreement dated June 6, 1994 and recorded on June 10, 1994 in Book 1762, Page 29 of
the records of the Johnson County Recorder.
H. This agreement shall be a covenant running with the land, shall be perpetual, and shall
inure to the benefit of and be binding upon the parties hereto and upon their successors in interest._
OWNER OF 426 CHURCH STREET
CITY OF IOWA CITY, IOWA
By: Attest:
Mathew J. Hayek, Mayor Marian K. Karr, City Clerk
3
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this a.3 day of Ap,-1 L , 2013, before me, a Notary Public in and for the
State of Iowa, personally appeared Mathew J. Hayek and Marian K. Karr, to me personally known, and,
who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of
Iowa City, Iowa; that the seal affixed to this instrument is the corporate seal of the corporation, and that the
instrument was signed and sealed on behalf of the corporation, by authority of its city council, and that
Mathew J. Hayek and Marian K. Karr acknowledged execution of the instrument to be their voluntary act
and deed and the voluntary act and deed of the corporation, by it voluntarily executed.
SONDRAE FORT
Commission Number 159791
My Commission Expires
,3 ago /S
OWNER OF 430 CHURCH STREET
JAY R. BERRY, JR.
By: fi f
JqjA. Berry, Jr.
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
Ste_..
Notary Public in and for said State and County
My Commission expires: 31717,0/5
This instrument was acknowledged before me on < < , 2013 by Jay. R. Berry, Jr.
L
KATHLEEN M THORNTON Notary Public in and for said State and County
Commission Number 764003
My Commission expires ��
,ow" My Commission Ex Tres
l
Se(3)
Prepared by: Michael Moran, 220 S. Gilbert St., Iowa City, IA 52240, (319)356 -5104
RESOLUTION NO. 13 -133
RESOLUTION SETTING A PUBLIC HEARING ON MAY 14, 2013 ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR
THE CONSTRUCTION OF THE ASHTON HOUSE REMODELING PROJECT,
DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND
DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR
PUBLIC INSPECTION.
WHEREAS, the City has acquired a National Register historic property and wishes to develop it
into a special event facility for public rental and use; and
WHEREAS, renovations are necessary to bring the facility up to building code and ADA standards
prior to public use; and
WHEREAS, funds for this project are available in the CIP account #4178.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
That a public hearing on the plans, specifications, form of contract, and estimate of cost
for the construction of the above - mentioned project is to be held on the 14th day of May,
2013, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting
is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk.
2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing
for the above -named project in a newspaper published at least once weekly and having a
general circulation in the City, not less than four (4) nor more than twenty (20) days before
said hearing.
3. That the copy of the plans, specifications, form of contract, and estimate of cost for the
construction of the above -named project is hereby ordered placed on file by the City
Engineer in the office of the City Clerk for public inspection.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
Passed and approved this 23rd day of April , 2013.
ATTEST: ik�/u"
CITY RK
MAYOR !I
Resolution No. 13 -133
Page 2
It was moved by Champion • and seconded by Payne the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Champion
x Dickens
x Dobyns
x Hayek
x Mims
x Payne
x Throgmorton
M'9
Prepared by: Dennis Bockenstedt, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5053
RESOLUTION NO. 13 -134
RESOLUTION SETTING PUBLIC HEARING ON
AMENDING THE FY2013 OPERATING BUDGET.
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a public hearing will be
held in Harvat Hall, City Hall, 410 East Washington Street, at 7:00 p.m., May 14, 2013, or if said
meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City
Clerk, to permit any citizen to be heard for or against the proposed amendment to the FY2013
Operating Budget.
The City Clerk is hereby directed to give notice of said public hearing and time and place thereof
by publication in the Iowa City Press- Citizen, a newspaper of general circulation in Iowa City, not
less than ten (10) days and not more than twenty (20) days before the time set for such hearing.
Passed and approved this 23rd day of April , 201a_.
u: •�
Approved by
ATTEST: 2L'Z�� '�
CITY C ERK City Attorney's Office
It was moved by Champion and seconded by Payne the
Resolution be adopted, and upon roll call there were:
AYES: NAYS:
x
X
x
x
x
X
x
ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton .
®�r CITY OF IOWA CITY 5e(4)
MEMORANDUM
Date: April 17, 2013
To: Tom Markus, City Manager
From: Dennis Bockenstedt, Director of Finance ci,4>
Re: Budget Amendment for FY2012 -2013
Introduction: The Department of Finance requests the City Council set a public hearing for
consideration of amending the FY2013 operating budget.
HistorylBackground: The State of Iowa allows cities to amend the annual operating budget for
supplemental appropriation authority. This may include new or revised revenue and
expenditure projections, transfers between funds, and capital improvement program changes.
Increased expenditures must utilize available fund balance or additional revenue sources as the
State does not allow amendments to increase property taxes.
Budget amendments are submitted to the Finance Department and reviewed for approval by the
Finance Director and City Manager. A formal recommendation for a budget amendment is then
prepared for City Council approval.
Discussion of Solutions:
This amendment reduces overall revenues and transfers -in by $6,585,463, as shown on Line 14
of the attached notice .(see Revenues & Other Financing Sources, lines 9 -94). The majority of
the proposed revenue changes are reflected in the Intergovernmental Revenue (line 10), which
includes Federal and State Grants and is being reduced by $7,287,254. Changes to
intergovernmental revenue primarily entail changes to the timing of grant revenues related to
capital improvement projects.
Other major changes to budgeted revenues and other financing sources include changes to
Miscellaneous revenue (line 12), which is being decreased by $1,862,227. This also primarily
represents changes in the timing of capital improvement projects. Other significant changes are
to Other Financing Sources, which includes Transfers In and the Sale of Capital Assets. This
revenue is being increased by $2,663,770. The largest changes relating to Other Financing
Sources include the sale of airport property, the sale of UniverCity homes, and the transfer of
the Transit system out of the General fund. and into an enterprise fund.
The section entitled Expenditures & Other Financial Uses (lines 15 -27) provides for a reduction
in appropriations of $4;271,065 million. The majority of the reduction to expenditure
appropriations is related to the timing of capital improvement projects (line 22) and total
$13,983,589. This is being partially offset by an increase in expenditures in the Community and
Economic Development program (line 19) totaling .$7,080,737. The increase in this program is
mostly reflected by the increased activity in the CDBG, Home, and UniverCity programs.
The net budgeted result to cash balances is a reduction of $2,314,398 (line 28). This reduction
will.be covered through excess cash balances and will not affect property taxes revenues or
levies. A list of the individual amendments will be provided to the City Council prior to the public
hearing.
Recommendation: The Notice of Public Hearing for the fiscal year ending June 30, 2013
budget amendment is attached to this memo. The Notice lists May 14, 2013 as the public
hearing date for the proposed amendment. It is recommended that the City Council set the
public hearing as listed and approve publication of the notice-as required by law.
Now07 NOTICE OF PUBLIC HEARING
F01M 063.01 AMENDMENT OF CURRENT CITY BUDGET
The City Council of Iowa City in
JOHNSON County, Iowa
will meet at Emma Harvat Hall City Hall 410 E. Washington Street
at 7:00 p.m. on 5/14113
(now) roan)
,for the purpose of amending the current budget of the city for the fiscal year ending June 30, 2013
rrewr
by changing estimates of revenue and expenditure appropriations in the following functions for the reasons given.
Additional detail is available at the city clerk's office showing revenues and expenditures by fund type and by activity.
Explanation of increases or decreases in revenue estimates, appropriations, or available cash:
Revisions • to revenues and expenditures •due to gr ant and •capital improvement programs; , equip 'ment replacements not
anticipated; and salary revisions to reflect changes in staffing and payout of accrued benefits.
There will be no increase in tax levies to be paid in the current fiscal year named above. Any increase in
expenditures set out above will be met from the increased non - property tax revenues and cash balances not
budgeted or considered in this current budget. This will provide for a balanced budget.
Marian K. Karr
City ClerW Finance Officer Name
Total Budget
as certified
or last amended
Current
Amendment
Total. Budget
after Current
Amendment
Revenues 8, Other Financing Sources
Taxes Levied on Property t
50,407,375
50,407,375
Less. Uncollectted Property Taxes -Levy Year 2
0
0
Net Current Property Taxes 3
50,407 375
0
50,407,375
Delinquent Pr a Taxes 4
0
0
TIF Revenues 5
507,060
507,060
Other City Taxes 5
11,206,846
- 100,000
11106,846
Ucenses & Permits 7
1,440,389
0
1,440,389
Use of Money and Property 8
1,547,986
502,325
2,050,311
intergovernmental 9
80,683,105
- 7,287,254
73,395,851
Charges for Services 10
41 ,050,767
- 502,077
40,548,690
Special Assessments 11
0
0
Miscellaneous 12
7,147,684
- 1,862,227
5,285,457
Other Financing Sources 13
115,765,825
2,663,770
118,429,595
Total Revenues and Other Sources 14
309 ,757,037
- 61585,463
303,171,574
_ E xoen diWes & other Financing Uses
Public Safety 15
....
21,553339
26,189
21,579,528
Public Works 16
7,729,372
33,304
7,762,676
Health and Social Services 17
290,707
2,800
293,507
Culture and Recreation 1s
12,762,913
268,694
13 031,607
Community and Economic Development 19
8,306,974
7,080,737
15,387 711
General Government 26
7,673,754
- 129,442
7,544.312
Debt Service 21
20,326,046
0
20,326,046
Capital Projects 22
98,654,821
- 13,983,589
84,871,232
Total Government Activities Expenditures 23
177,297,926
- 6,701,307
170,596,619
Business Type /Enterprises 24
97,958,633
723,948
98682,581
Total Gov Activities & Business Expenditures 25
275,256,559
- 5,977,359
269,279,200
Transfers Out 26
101,121,175
1,706,294
102,827,469
Total Expenditures/Transfers Out 27
376,377,734
- 4,271,065
372,106,669
Excess Revenues & Oth e r Sources Over
(Under) Expenditures/Transfers Out Fiscal Year 28
......
66,620,697
- 2,314,398
- 68,935,095
Continuing Appropriation 29
01
N/A
i 0
Beginning Fund Balance JUN 1 30
166,712,487
-2,770,9851
163,941,502
Ending Fund Balance June 30 31
100,091,790
-5,085,3831
95,006,407
Explanation of increases or decreases in revenue estimates, appropriations, or available cash:
Revisions • to revenues and expenditures •due to gr ant and •capital improvement programs; , equip 'ment replacements not
anticipated; and salary revisions to reflect changes in staffing and payout of accrued benefits.
There will be no increase in tax levies to be paid in the current fiscal year named above. Any increase in
expenditures set out above will be met from the increased non - property tax revenues and cash balances not
budgeted or considered in this current budget. This will provide for a balanced budget.
Marian K. Karr
City ClerW Finance Officer Name
Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5234
RESOLUTION NO. 13 -135
A RESOLUTION FOR A VOLUNTARY ANNEXATION OF APPROXIMATELY 2
ACRES OF PROPERTY LOCATED NEAR THE NORTHEAST CORNER OF SCOTT
BOULEVARD AND AMERICAN LEGION ROAD (ANN13- 00001).
WHEREAS, Hieronymus Family Partnership LLP is the owner and legal titleholder of
approximately 2 acres of land located near the northeast corner of Scott Boulevard and American Legion
Road; and
WHEREAS, Allen Homes, the applicant with the consent of the owner, has requested
annexation of the approximate 2 -acre tract into the City of Iowa City, Iowa; and
WHEREAS, the aforementioned property is located within the Long -Range Planning Boundary
of the City of Iowa City; and
WHEREAS, control of the area proposed for annexation is in the City's best interest because
it will allow development in a manner consistent with the Comprehensive Plan; and
WHEREAS, pursuant to Iowa Code 368.5 and 368.7 (2013), notice of the application for
annexation was sent to the Johnson County Board of Supervisors, Johnson County departments
of Attorney, Auditor, Engineer, Planning and Zoning, each affected public utility, Scott Township,
the Johnson County Council of Governments, and the East Central Iowa Council of Governments.
WHEREAS, none of these entities have objected to the proposed annexation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The following described land should be voluntarily annexed to the City of Iowa City, Iowa:
LEGAL DESCRIPTION:
Commencing at the West Quarter Corner of Section 18, Township 79 North, Range 5 West,
of the Fifth Principal Meridian, Johnson County. Iowa, Thence S89 °26'36 "E, along the South
Line of the Southwest Quarter of the Northwest Quarter of said Section 18, a distance of
300.19 feet, to the Point of Beginning; Thence N01 °30'10 "W, 510.03 feet, to a Point on the
South Line of Parcel 1, of the "Ralston Creek Property Acquisition, in accordance with the
Plat thereof Recorded in Plat Book 19, at Page 84 of the Records of the Johnson County
Recorder's Office ; Thence S89 °27'12 "E, along said South Line, 180.08 feet; Thence
S00 °33'24 "W, 509.73 feet, to a Point on the South Line of said Southwest Quarter of the
Northwest Quarter; Thence N89 °26'36 "W, along said South Line, 161.75 feet, to the Point
of Beginning. Said Annexation Parcel contains 2.00 Acres, and is subject to easements and
restrictions of record.
The City Clerk is hereby authorized and directed to certify, file, and record all necessary
documents as required by Iowa law under Section 368.7 (2013) at Owner's expense.
3. Further, the City Clerk is hereby authorized and directed to certify and file all necessary
documents for certification of the population of the annexed territory to Johnson County and
the State Treasurer, said population being zero.
Passed and approved this 23rd day of April 2013.
Resolution No. 13 -135
Page 2
EM11
we rm
Approved by
y / r
j
ATTEST: /✓1/�iL ix� �L � �k /v 1 "44 F�
CITY CtERK City Attorney's Office, € //y'L
Resolution No.
Page 3
It was moved by Dobyns . and seconded by
Resolution be adopted, and upon roll call there were:
AYES:
x
x
x
x
x
x
x
NAYS:
Mims the
ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
V Of
To: Planning & Zoning Commission
Item: REZ13- 00002, REZ13- 00003,
ANN13- 00001, 3410 Muscatine Avenue
GENERAL INFORMATION:
STAFF REPORT
Prepared by: Andrew Bassman, Planning Intern
Date: March 7, 2013
Applicant: Allen Homes
PO Box 3474
Iowa City, IA 52244
319- 530 -8238
allenhomesinc @gmail.com
Property Owner:
Property Owner:
Sally Hall
3064 Newport Road NE
Iowa City, IA 52240
Hieronymus Family Partnership
3322 Muscatine Avenue
Iowa City, Iowa 52240
Requested Action: Annexation of approximately 2 acres immediately to
the east of 3410 Muscatine Avenue to be rezoned
from County -R to RM -12, and rezoning of
approximately 2.83 acres at 3410 Muscatine Avenue
from RS -5 to RM -12; the two parcels would be
combined into 4.83 acres for new development
Purpose: To allow low- density multi - family development;
annexation to increase the size of land available for
this development
Location:
Size:
Existing Land Use and Zoning
Surrounding Land Use and Zoning
3410 Muscatine Avenue and land adjacent to the
east of 3410 Muscatine Avenue
4.83 acres
Single- family residential, RS -5
North: public, P1
South: residential, OPD /RS -12
East: undeveloped, County -R
West: undeveloped, RM -12
Comprehensive Plan: Southeast District Plan: low- to medium - density
multi - family residential (16 to 24 units per acre);
medium- to high- density single - family residential and
townhouse (8 to 13 units per acre)
File Date: January 31, 2013
45 Day Limitation Period: March 17, 2013
2
BACKGROUND INFORMATION:
The applicant, Allen Homes, has requested a rezoning of 4.83 acres of land located at 3410
Muscatine Avenue and land adjacent to the east of 3410 Muscatine Avenue from Low - Density
Single - Family Residential (RS -5) and County Residential (County -R) to Low - Density Multi - Family
Residential (RM -12). The lot at 3410 Muscatine Avenue covers approximately 2.8 acres and is
zoned RS -5. The land adjacent to the east of 3410 Muscatine Avenue covers approximately 2
acres and is zoned County -R. The applicant is also requesting that the land adjacent to the east of
3410 Muscatine Avenue be annexed into the city concurrently with the rezoning proposal.
There is a detached single - family house, along with a detached garage and shed, located on the
lot at 3410 Muscatine Avenue. The land adjacent to the east of the lot at 3410 Muscatine Avenue
is undeveloped. The Fringe Area Agreement between the City and Johnson County applies to the
land adjacent to the east of the lot at 3410 Muscatine Avenue, which falls within the City's Long
Range Growth Boundary in Fringe Area B, and specifies that land in this area will receive
favorable consideration for voluntary annexation into the city.
The applicant has indicated that they have chosen not to use the "Good Neighbor Policy" and
have not had discussions with neighborhood representatives.
ANALYSIS:
Current Zoning: RS -5 zoning provides housing opportunities for individual households. This zone
also allows for nonresidential uses that contribute to the livability of residential neighborhoods,
such as schools, religious institutions, and daycare facilities. County -R zoning broadly designates
county land as appropriate for residential uses.
Proposed Zoning: RM -12 zoning is intended to provide opportunities for high- density, single -
family housing, such as duplexes and townhouses, and low- density, multi - family housing to
promote a diverse variety of housing options within a neighborhood. RM -12 zoning would allow up
to 42 detached single - family units (9 units per acre), 70 duplex or attached single - family units (15
units per acre), or 77 multi - family units (16 units per acre) on the subject properties.
Compliance with Comprehensive Plan: The Southeast District Plan's future land -use map
depicts the lot at 3410 Muscatine Avenue as appropriate for low- to medium - density multi - family
residential development. The future land -use map shows the lot adjacent to the east of 3410
Muscatine Avenue as appropriate for medium- to high- density single - family residential, duplex
and townhouse development, a designation suitable for sites where a single - loaded street is
desirable to provide visibility and access to public open space, or where clustering is desirable.
The Plan highlights the area to the east as an example of leapfrog development and
encourages infill development on the property to be annexed. The Plan emphasizes the
importance of compatibility with the surrounding neighborhood for infill sites. The proposed
RM -12 zone appears to comply with the Comprehensive Plan.
The Southeast District Plan future land -use map also shows additional roads on the subject
property: a north -south road along the east property line of 3410 Muscatine Avenue that curves
and heads east -west and parallel along the north property line of the property proposed for
annexation, and an east -west road bisecting the property proposed for annexation to serve as
an alley. This would allow for a row of townhouses to be built facing the road along the north
property line and another row of townhouses to be built facing American Legion Road. Staff
recommends that development of the subject property include the right -of -way for a street along
its eastern property line to implement the Comprehensive Plan for this area.
3
Also, the Comprehensive Plan states that a voluntary annexation should be viewed positively by
the City if any of the following guidelines are met:
1) The area under consideration falls within the adopted long -range planning boundary;
2) Development in the area proposed for annexation will fulfill an identified need without
imposing an undue financial burden on the City;
3) Control of the development is in the City's best interest.
As noted above, the area under consideration falls within the long -range planning boundary.
Annexation of the area under consideration would improve circulation and connectivity between
existing neighborhoods and east Iowa City, help remedy the leapfrog development pattern in
the area, and achieve greater cost - efficiency in the provision of City services. For these
reasons, staff believes the proposal meets the Plan's guidelines for voluntary annexation.
Compatibility with neighborhood: RM -12 zoning would be consistent with surrounding areas.
RM -12 zoning also applies to property to the west of the subject properties, where a preliminary
plat has been approved. A retirement community, Silvercrest Assisted Living, along with
condominiums and other multi - family units, are located to the south of the subject properties.
Land to the east is undeveloped —the Southeast District Plan future land -use map shows this
area as appropriate for low- to medium - density single - family and duplex units.
Scott Park is adjacent to the north. There is sometimes concern about preserving and
protecting park space from adjacent urban development and associated traffic, lights and
views. In this case, the northern portion of the subject properties falls within the 100 -year
floodplain, which would prevent residential development up to the park property line.
The applicant has submitted a concept plan, although staff has not had enough time to review
the plan for compliance with the Zoning Code. Staff recommends, as a condition for approval,
review by the Design Review Committee to ensure neighborhood compatibility.
Access and street design: American Legion Road remains a rural road without sidewalks,
curb, gutters or storm sewer, which inhibits the ability of residents to walk or bike outside the
immediate area. New development on the property of the proposed annexation will require the
developer to contribute to the improvement of American Legion Road, making it more cost
effective to improve the road and construct sidewalks to serve this area. Additional right -of -way
would be needed to bring it up to 50 feet from the center line for 100 feet total. There will be
fees to cover 12.5% of the cost of improving the American Legion Road frontage adjacent to
the subject properties.
In addition, an 8 -foot wide sidewalk will be needed along Scott Boulevard (the City will pay for
the oversize pavement -3 feet of the required 8 feet). A temporary sidewalk could be needed
until American Legion Road is reconstructed to City standards.
STAFF RECOMMENDATION:
Staff recommends approval of ANN 13-00001, an application to annex approximately 2 acres of
property located to the east of 3410 Muscatine Avenue, and REV 3 -00002 and REZ13- 00003,
applications to rezone a 4.83 -acre property at 3410 Muscatine Avenue and to the east of 3410
Muscatine Avenue from RS -5 and County -R to RM -12 subject to a Conditional Zoning Agreemetn
which addresses the following:
1) Payment of fees for street improvement on American Legion Road;
2) Installation of an 8 -foot wide sidewalk (the City would pay for 3 feet of the required 8 -foot
width) along the property's frontage with Scott Boulevard;
4
3) Installation of a temporary sidewalk along the property's frontage with American Legion
Road until American Legion Road is reconstructed to City standards;
4) Installation of public right -of -way to City standards along the eastern property line of the
property to be annexed; and
5) Approval of the development plan for the subject properties by the Design Review
Committee.
ATTACHMENTS:
1. Location Map
2. Concept Plan
Approved by: / " V ' F ���W—'
Robert Miklo, Senior Planner,
Department of Planning and Community Development
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Planning and Zoning Commission
March 4, 2013 - Informal
P ge3of7
A N13 -000 1 /REZ1 0 002 /REZ13- 00003: Discussion of an application submitted by
Allen Homes for an annexation and a rezoning from County Residential (R) zone to Low
Density Multifamily (RM -12) zone for approximately 2.0 -acres of property, and a rezoning
from Low Density Single Family (RS -5) zone to Low Density Multifamily (RM -12) zone for
approximately 2.83 -acres of property for a total of 4.83 -acres of property located at the
northeast corner of Scott Boulevard and American Legion Road.
Miklo said this application, if approved, would make these two parcels of land Low Density
Multifamily (RM -12). He said the Comprehensive Plan does show that northeast corner as being
appropriate for multifamily. He said the concept plan submitted by the applicant basically follows
the ideas in the Comprehensive Plan. He said American Legion Road is not improved as an
arterial, so staff is recommending that the applicant pay a fee toward the construction of the
road, or twelve percent of the cost. He explained how they arrived at that fee. He said staff
would want the applicant to build a temporary sidewalk on American Legion Road, and when
the City rebuilds the road, it would put in the full sidewalk to City standards.
Freerks asked about the easement. Miklo explained that it would be in the right -of -way or on the
applicant's property within an easement. He said on Scott Boulevard staff would recommend
that the applicant put in an eight foot sidewalk as part of this development, and the City would
then pay for the oversize cost, which is three feet of that sidewalk.
Eastham asked about the side distance from the access street to the corner of Muscatine and
Scott. Miklo said the Transportation Planners said this would be a reasonable place to put a
public street as shown on the concept plan.
Martin asked if there would be a stop light on that corner. Miklo said it is planned for. He said
staff anticipates the property to the east would develop, according to the Southwest District
Plan, with town houses and eventually shifting to single family. He said what the City wants is
the sixty foot right of way along the property line.
Martin said the speed limit increases to 55 mph on American Legion Road when you cross over
Scott Boulevard and asked if that would be affected. Miklo responded that he expected it to be
reduced to 25 or 35 mph. He said would happen when annexation occurs.
RE-Z13-00006: Discussion of an application submitted by The Crisis Center of Johngism
Coun r a rezoning from Public (P) zone to Intensive Commercial (CI1) a for
approxima .78 -acres of property located at 1105 S. Gilbert Court.
Miklo explained that thb'pcQperty is zoned Public (P -1) and is owned a county. He said the
county is transferring the pro to the Crisis Center and o social service agencies. He
said staff feels Intensive Commerc C11) is the most a priate, as that is on three sides of
the property. He said it is also the most sistent ' the neighborhood Comprehensive Plan
for the area.
REZ13- 00007: Discussio an application submitted The Rose Company for a
rezoning from Intens" ommercial (CI1) zone to Community C ercial (CC2) zone for
approximately -acres of property located south of Highway 1, eas Ruppert Road.
Mikl id this is an area where the Comprehensive Plan encourages more ComMunity
06mmercial (CC2) and less Intensive Commercial (C11) zoning as the uses within the CC2
Planning and Zoning Commission
March 7, 2013 - Formal
Page 10 of �
onth s a ut moving the cars parked on the buffer.
Rum Mart said the intent of a buffer strip is to be around the entire wetland area, no o be
compres d into one little area. He said there are other places on the property they uld park
the cars the want the spaces for. He said the plan in 2003 was agreed on, and Billion
want to keep c ' ping away at it. He said enough is enough.
Freerks closed publi earing.
Eastham moved to defe is item to the March 21 meeting.
Swygard seconded.
Eastham asked if the applicant co apply for the me buffer reduction if the wetland
mitigation plan had originally been full mplemente . Miklo said yes. Eastham asked if this
application is rejected can the wetland mi ation ginal plan still be put in place. Miklo said
what he would recommend is to approve t odifications to the wetland plan, and if the
Commission were reluctant to approve the bu r, on't approve that aspect of it.
Freerks said she would like more infor ion on how ' hting could be staged downward as it
gets closer to buffer area and housin he would like to a the area marked out immediately.
She said she would like staff to tal o the applicant to see I here could be some compromise
to use the area where the hous as removed as buffer, part) larly because it can't be used
for storage and you can't park rs on it.
Thomas asked about s Bening. Freerks said she would like to kn if all the screening
standards have been et and what they need to be. Thomas said he's ncerned about the
height of those light , so his concern is a really strong tree buffer.
Martin asked i ' 's possible for a good neighbor meeting to take place before the n t Planning
and Zoning eeting. Miklo said they can ask. Eastham said he thought that was a od idea
too. Marti said it was important to have the extended area flagged out.
A v e was taken and the motion carried 6 -0.
reerks called for a three minute break, after which the meeting was called to order.
ANN13- 00001 /REZ13- 00002 /REZ13- 00003: Discussion of an application submitted by
Allen Homes for an annexation and a rezoning from County Residential (R) zone to Low
Density Multifamily (RM -12) zone for approximately 2.0 -acres of property, and a rezoning
from Low Density Single Family (RS -5) zone to Low Density Multifamily (RM -12) zone for
approximately 2.83 -acres of property for a total of 4.83 -acres of property located at the
northeast corner of Scott Boulevard and American Legion Road.
Miklo said part of the subject is already in the city and zoned Low Density Single Family (RS -5)
and part is in the county and zoned County Residential (R). He said this would be annexed into
the city and the overall property would be rezoned to Low Density Multifamily (RM -12). He
showed some images of the property and the house on the property that would be removed. He
said since the informal meeting on Monday, the City has a plan for a round -about improvement
at this intersection which would require some additional right of way from this property, so staff
is revising its recommendation to use additional right of way from American Legion Road in
addition to this corner to accommodate the roundabout. He said staff is recommending that the
Planning and Zoning Commission
March 7, 2013 - Formal
Page 11 of 18
right of way be on American Legion Road be brought up to City standards of 100 feet wide and
to include the area of the round -about as a condition of the rezoning, as increased density in
this area will create a need to address some of the traffic issues. He showed a concept plan
showing how the property might be developed. He said staff finds this is in compliance with the
Comprehensive Plan so staff is recommending approval with six conditions:
1. There will be payment of fees for the street improvements to American Legion Road as
spelled out in the subdivision regulations.
2. There will be installation of an eight foot wide sidewalk on Scott Boulevard, with the City
paying for the oversize cost, or three feet of that sidewalk.
3. There will be installation of a temporary sidewalk along American Legion Road until
such time American Legion Road is reconstructed by the City when the permanent
sidewalk is installed.
4. There will be installation of a public right of way to City standards along the eastern
property line.
5. Approval of the development plan for the subject property by the City's design review
committee.
6. The additional right of way will be dedicated to the City for improvement of Scott
Boulevard and American Legion Road.
Miklo clarified that the application indicated that there was not a good neighbor meeting but he
understands that such a meeting did take place.
Freerks opened public hearing.
Jesse Allen of Allen Homes said they did have a good neighbor meeting but none of the
neighbors came. He said they did hear that there was some concern about a year ago from
residents in Hampton Court so he was attempting to contact them. He said what got them
interested in this project was the need for a good, affordable multifamily development on the
east side of town that might appeal to the 55 and older demographic as well as others interested
in buying a home.
Thomas asked what Allen's plans are for the outdoor area. Allen said they are considering an
open air structure or a barbecue area for the residents of both buildings to foster a community
spirit. He said they will be integrating trees into the parking lot as well as screening the garage.
He said they will be saving the fir trees along Scott Boulevard.
Martin asked who would build the roundabout. Miklo said it would be the City. Martin asked if all
of the parking would be underground. Allen said they would have some parking areas for
visitors outside. Martin asked how many units there might be. Allen said the maximum they
could do is sixty -five and there are a number of configurations they are considering.
Freerks closed public hearing.
Eastham moved to recommend approval of ANN13- 00001 /REZ13- 00002 /REZ13 -00003 with
the six conditions as laid out in the staff memo:
1. There will be payment of fees for the street improvements to American Legion
Road as spelled out in the subdivision regulations.
2. There will be installation of an eight foot wide sidewalk on Scott Boulevard, with
the City paying for the oversize cost, or three feet of that sidewalk.
3. There will be installation of a temporary sidewalk along American Legion Road
until such time American Legion Road is reconstructed by the City when the
permanent sidewalk is installed.
Planning and Zoning Commission
March 7, 2013 - Formal
Page 12 of 18
4. There will be installation of a public right of way to City standards along the
eastern property line.
5. Approval of the development plan for the subject property by the design review
committee.
7. The additional right of way will be dedicated to the City for improvement of Scott
Boulevard and American Legion Road.
Swygard seconded.
Freerks said she thinks this will be a nice addition to the east side of town.
Eastham said he thinks this is a good use of the land on this corner and complies with the
Comprehensive Plan's concept about putting developments on arterial streets where there's
good access.
Martin said she thinks this is a nice transition between the developments on both sides and is a
nice segue way into filling this land in productively.
A vote was taken and the motion carried 6 -0.
REZ13- 00006: Discussion of an application submitted by The Crisis Center of Johnson
County for a rezoning from Public (P) zone to Intensive Commercial (C11) zone for
approximately .78 -acres of property located at 1105 S. Gilbert Court.
Miklo said this property was until recently owned by the County and is currently Public (P). He
said it is being sold to a group of non - profits who will operative a human services agency from
the building. He said the surrounding property is all zoned Intensive Commercial (CI -1) with the
exception of properties on Kirkwood Avenue. He said this complies with the Comprehensive
Plan, and staff is recommending approval with no conditions.
Freerks opened public hearing.
Becci Reedus of the Crisis Center said the Crisis Center owns the property and it will be
occupied by three other organizations. She said they are required to have 49 parking spaces
and their design shows 79. She said they had a good neighbor meeting.
Martin asked what the goal of the capital campaign for the renovation of the building is. Reedus
replied that it is 1.2 million.
Freerks closed public hearing.
Thomas moved to recommend approval of REZ13 -00006 to rezone approximately .78
acres of property at located at Gilbert Court from Public (P -1) to Intensive Commercial
(CI -1)
Weitzel seconded.
Freerks said the Comprehensive Plan supports the coordination of neighborhood services and
this item does just that.
A vote was taken and the motion carried 6 -0.
Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington St., Iowa City, IA 52240 (31966 -5234
RESOLUTION NO.
A RESOLUTION FOR A VOLUNTARY ANNEXATION OF APPROXIi i TEL)( 2
ACRES OF PROPERTY LOCATED NEAR THE NORTHEAST CORNER 01✓.'8C& -TT
BOULEVARD AND AMERICAN LEGION ROAD (ANN13- 00001). 4
VV,HEREAS, Hieronymus Family Partnership LLP is the owne
' and legal title of
iro ately 2 acres of land located near the northeast corner of Scott B ulevard and American Legion
Road; an
WHER S, Allen Homes, the applicant with the consent of the owner, has requested
annexation o he approximate 2 -acre tract into the City of Iowa City, owa; and
WHEREAS, he aforementioned property is located within the L ng -Range Planning Boundary
of the City of Iowa ity; and
WHEREAS, con of of the area proposed for annexation is i the City's best interest because
it will allow
de el tin a manner consistent with the Compr ensive Plan; and
WHEREAS, pursua to Iowa Code 368.5 and 368.7 ( 13), notice of the application for
annexation was sent to th Johnson County Board of Supe isors, Johnson County departments
of Attorney, Auditor, Engine r, Planning and Zoning, each ffected public utility, Scott Township,
the Johnson County Council o Governments, and the Eas Central Iowa Council of Governments.
WHEREAS, none of these tities have objected to t e proposed annexation.
NOW, THEREFORE, BE IT RES LVED BY THE ITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The following described land should a volun rily annexed to the City of Iowa City, Iowa:
Commencing at the West Quarter Cor er bf Section 18, Township 79 North, Range 5 West,
of the Fifth Principal Meridian, Johns Cou ty. Iowa, Thence S89 °26'36 "E, along the South
Line of the Southwest Qu/S8927'12"E, he orthwe�t Quarter of said Section 18, a distance of
300.19 feet, to the Point oi g; Thence J01 °30'10 "W, 510.03 feet, to a Point on the
South Line of Parcel 1, of ton Creek Property Acquisition, in accordance with the
Plat thereof Recorded in of
19, at Page 84 of the Records of the Johnson County
Recorder's Office ; Thenc7'12 "E, along said South Line, 180.08 feet; Thence
S00 °33'2 4 "W, 509.73 feeint on the South Line of said Southwest Quarter of the
Northwest Quarter; Thenc6'36 "W, along said South Line, 161.75 feet, to the Point
of Beginning. Said Annexcel contains 2.00 Acres, and is subject to easements and
restrictions of record.
2. The City Clerk is her y authorized and directed to certify, `Mile, and record all necessary
documents as requir d by Iowa law under Section 368.7 (2013) at Owner's expense.
3. Further, the City Clerk is hereby authorized and directed to certify and file all necessary
documents for ertification of the population of the annexed territory to Johnson County and
the State Tre surer, said population being zero.
Passed and approved this day of 1 2013.
Resolution No.
Page 2
ATTEST:
U4-23-1
7c
Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington St, Iowa City, IA; 319 - 356 -5243
RESOLUTION NO. 13 -136
A RESOLUTION AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE
DESIGNATION FROM MULTI - FAMILY TO GENERAL COMMERCIAL FOR PROPERTY
LOCATED NEAR THE SOUTHEAST CORNER OF THE INTERSECTION OF HIGHWAY 6
AND BROADWAY STREET.
WHEREAS, the Iowa City Comprehensive Plan serves as a land -use planning guide by
illustrating and describing the location and configuration of appropriate land uses throughout the
City, provides notification to the public regarding intended uses of land; and illustrates the long
range growth area limit for the City; and
WHEREAS, if circumstances change and /or additional information or factors come to light, a
change to the Comprehensive Plan may be in the public interest; and
WHEREAS, the general principles of the Comprehensive Plan encourage commercial
development along major arterial streets; and
WHEREAS, the Comprehensive Plan also recommends focusing commercial development
in commercial centers in order to discourage sprawl; and
WHEREAS, the subject property is bordered to the west by commercial zoning and is
located along a major arterial street; and
WHEREAS, the City received a request to rezone property from Commercial Office (CO -1) to
Community Commercial (CC -2); and
WHEREAS, it is in the City's interest to rezone the subject property to promote development
of an attractive commercial addition to this entryway to the Broadway neighborhood and
Pepperwood Plaza; and
WHEREAS, the Planning and Zoning Commission has reviewed this amendment and
determined that circumstances have changed to the extent that an amendment to the
Comprehensive Plan is warranted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
The land -use designation for property located at the southeast corner of the intersection of
Highway 6 and Broadway Street shall be changed from Mutli - Family Residential to General
Commercial in the Iowa City Comprehensive Plan and the South District Plan.
Passed and approved this 23rd day of Anril '2013.
MAYOR:
ATTEST: a :,
CITY CLERK
f
s
Resolution No. 13 -136
Page 2
It was moved by Champion • and seconded by Payne the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Champion
x_ Dickens
x Dobyns
x_ Hayek
x Mims
_x_ Payne
x Throgmorton
7, �,..
STAFF REPORT
To: Planning & Zoning Commission Prepared by: Robert Miklo and Andrew Bassman,
Planning Intern
Item: REZ13 -00005 1906 Broadway Street Date: February 21, 2013
GENERAL INFORMATION:
Applicant: Casey's General Stores Inc.
Attn: Melani Samora
One SE Convenience Boulevard
Ankeny, IA 50021 -0030
515- 965 -6100
melani.samora@caseys.com
Contact Person:
Property Owner:
Requested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning
Comprehensive Plan:
File Date:
45 Day Limitation Period:
BACKGROUND INFORMATION:
Wally Pelds
2323 Dixon Street
Des Moines, IA 50316
515- 265 -8196
Nordstrom Oil Co.
Attn: Steve Nordstrom
815 Compton Drive
Hiawatha, IA 52233
319- 360 -4239
Rezoning from CO -1 to CC -2
To allow for construction of a convenience store
1906 Broadway Street
Approximately 1.04 acres
Vacant, Commercial Office
North: Highway 6 and residential - RS -5
South: Residential - RM-44
East: Residential - RM -44 and RS -12
West: Commercial - CC -2
South District Plan: Multifamily Residential
January 31, 2013
March 17, 2013
The applicant, Casey's General Stores Inc., has proposed rezoning an approximately 1.04 -acre
property located at on the south side of Highway 6 east of Broadway Street from Commercial
2
Office (CO -1) to Community Commercial (CC -2). The property at the southeast corner of Highway
6 and Broadway has two different zoning designations— approximately half of the area is already
zoned CC -2 and the other half zoned CO -1. The split zoning resulted from a rezoning proposal in
2006, which conditionally rezoned the lot at 1904 Broadway Street and the southwest portion of
the lot at 1906 Broadway Street from CO -1 to CC -2.
The 2006 proposal involved removing a law office and apartment buildings from 1904 Broadway
Street and the southwest portion of 1906 Broadway Street, and combining the lots in order to build
a drive - through restaurant. The eastern part of the property was reserved for a future office
development. A special exception to allow a drive - through facility at 1904 Broadway Street and
the southwest portion of 1906 Broadway Street was approved in 2007. However, the restaurant
was never built and the property has been vacant ever since.
Prior to the 2006 rezoning, the zoning pattern in the area made Broadway Street a clear boundary
between the more intensive commercial uses to the west and less intensive office and residential
uses to the east. Conditions attached to approval of the 2006 rezoning addressed the need for a
transition between CC -2 zoning and adjacent residential uses: a buffer area of no less than 35
feet with screening to the S3 standard and a 5 -feet high masonry wall on the southern property
line. The Conditional Zoning Agreement (CZA) also required a landscaped setback of no less than
20 feet along Broadway Street, S3 screening between the CC -2 zoning and residential uses to the
east and south, limited the number of signs to one free - standing sign at the northwest corner, and
included design standards for any building or structure with a canopy.
A concept plan submitted with this rezoning application shows that the applicant intends to build a
gas station and convenience store. The gas station and convenience store use would cover the
area currently zoned CC -2 and a portion of the area zoned CO -1, which would leave
approximately .6 acres to be used for a stormwater basin and open space between the proposed
convenience store and the residential property to the east. A trail easement runs along the
northeastern part of the property and contains the Highway 6 Trial. The concept plan shows trees
forming a screen between the trail and vacant space. There would also be landscaped median
between the gas station and convenience store use and the remaining vacant space.
The applicant has indicated that they plan to use the "Good Neighbor Policy" and hold discussions
with neighboring property owners.
ANALYSIS:
Current Zoning: CO -1 zoning designates space for office uses and compatible businesses,
apartments and certain public and semipublic uses. CO -1 zoning permits personal - service
oriented retail uses, such as banks, dry cleaners, tailors and beauty salons. The zoning
provisionally allows multi - family residential uses and hospitality- oriented retail, such as hotels and
convention centers. CO -1 zoning can also function as a buffer between residential and more
intensive commercial or industrial areas. Based on the 2006 CZA vehicular access for the CO -1
area would be provided to and from Broadway Street by an easement across the CC -2 area.
Proposed Zoning: CC -2 zoning provides for major business districts that serve a significant
segment of the entire community rather than just nearby residents. These areas feature large
traffic generators requiring access from major thoroughfares. CC -2 zoning permits office uses,
restaurants and services such as hair salons, dry cleaners and banks. CC -2 zoning also permits
most types of retail uses, except for outdoor storage and display- oriented uses, which are allowed
provisionally. Multi- family residential uses are allowed by special exception. A convenience store
is perhaps the most intensive use allowed in the CC -2 zoning.
Compliance with Comprehensive Plan: The South District Plan future land use scenario map
PCD \Staff Reports \rez13 -00005 1904 & 1906 broadway staff report.doc
3
shows the subject property as appropriate for apartment buildings. Thus, an amendment to the
Comprehensive Plan land use map would be necessary before the rezoning proposal could be
approved. The Commission's agenda includes setting a public hearing for March 7 to consider
an amendment to the land use map to designate this area for general commercial use.
The Comprehensive Plan identifies the area to the west on the south side of Highway 6, as part
of a significant community commercial center with both small and big box retail establishments.
The Plan states that new commercial development should be located in areas where
commercial development has the least negative impact on the neighborhood. And since
commercial development occurs close to where people live or along transportation corridors,
special care should be taken in the site design of these establishments. As provided for in the
2006 CZA any commercial development on this property should be subject to a buffer that
minimizes negative effects on adjacent residential uses.
Compatibility with neighborhood: The subject property is between the end of the Highway 6
commercial corridor to the west and the expanse of residential development to the south and
east. CC -2 zoning stretches along the south side of Highway 6 from Broadway Street to just
beyond Gilbert Street, about three - fourths of a mile. There is one gas station located along this
section of CC -2 zoning.
High- Density Multi - Family Residential (RM -44) zoning is located adjacent to the south and east
of this property. High- Density Single - Family Residential (RS -12) is located adjacent to the
southeast. Typically, a buffer exists between residential development and CC -2 zoning. CO -1
zoning, due to its compatibility with adjacent residential uses, makes for an ideal buffer between
residential development and CC -2 zoning.
The rezoning proposal should be considered in relation to the residential neighborhood to the
east and south of the subject property. In lieu of an office development providing the transition,
between more intense commercial development and residential uses, the applicant's concept
plan shows an approximately 130' to 170' -wide open space buffer between the residential
development to the east and the proposed convenience store and paved areas. To the south
the buffer would be the same as approved by the 2006 CZA unless modifications are approved
in conjunction with this rezoning application.
The design of landscaping in this area will be crucial in determining whether there will be a
sufficient buffer between the existing residential uses and the proposed commercial
development. As specified in the CZA careful design of the building, canopy, lighting and
signage will also be necessary to assure that commercial development makes a positive
contribution to the neighborhood. This item will need to be deferred to the March 7 meeting to
allow consideration of a Comprehensive Plan amendment. Staff will work with the applicant
prior to that meeting to in hopes of achieving a design that addresses these needs.
Access and street design: Highway 6 provides the major thoroughfare required to serve the
uses allowed in CC -2 zoning. The subject property would not have direct access from Highway 6,
but rather a single access point from Broadway Street. Pedestrian access is provide by the
Highway 6 Trail and sidewalks on Broadway The existing street improvements are adequate to
serve uses allowed in either the existing CO -1 zone or proposed expanded CC -2 zone.
STAFF RECOMMENDATION:
Staff recommends REZ13- 00005, a proposal to rezone an approximately 1.04 -acre lot located at
1906 Broadway Street from CO -1 to CC -2, be deferred to March 7 to allow consideration of an
amendment to the Comprehensive Plan Land Use Map and to allow staff and the applicant to
PCD \Staff Reports \rez13 -00005 1904 & 1906 broadway staff report.doc
4
achieve a site and building design that creates a sufficient buffer and that would ameliorate
negative effects on adjacent residential properties and also promote the development of an
attractive commercial addition to this entryway to Broadway and Pepperwood Plaza.
ATTACHMENTS:
1. Location Map
2. Site Plan
Approved by:
Jeff Davidson, Director
Department of Planning and Community Development
PCD \Staff ReportsVezl3 -000051904 & 1906 broadway staff report.doc
/
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City of Iowa City
MEMORANDUM
Date: March 7, 2013
To: Planning and Zoning Commission
From: Robert Miklo, Senior Planner
RE: REZ13 -00005
At your last meeting, the Commission deferred discussion of this rezoning in order to
allow time for the applicant and staff to negotiate a concept site plan designed to ensure
that commercial development on the property is compatible with the surrounding
residential neighborhood. Some of the items recommended by staff will require
amendments to the Conditional Zoning Agreement that was approved for the adjacent
property when it was rezoned to CC -2 in 2006. We have had discussions with the
applicant but have not yet received a revised plan. We anticipate that the applicant will
submit a concept plan before your meeting on Thursday. However, if we have not
received a plan by Thursday's meeting, staff recommends that you defer discussion of
this rezoning to your next meeting on March 21.
City of Iowa City
MEMORANDUM
Date: March 21, 2013
To: Planning and Zoning Commission
From: Robert Miklo, Senior Planner
RE: REZ13 -00005
This item was deferred to allow additional time for the applicant and staff to negotiate a
concept site plan designed to ensure that commercial development on this property is
compatible with the surrounding residential neighborhood, as well as addresses security
issues. Staff has had discussions with the applicant and the City's Crime Prevention
Officer and is working towards a plan that meets the needs of all parties.
Items that we are discussing include:
1. The use of berms and lower plantings along the perimeter of the site screen to
headlights.
2. A decorative metal fence with brick piers to create a screen along the south and
east sides of the property.
3. The use of tree species, such as locust, that will provide a screening effect but
also allow for visibility. The trees will be properly pruned to assure that the bulk
of the crown is located six feet above ground to help assure visibility.
4. Pedestrian lighting for the sidewalk connection to Hollywood Boulevard and the
south east corner of the property. Lighting on the commercial side of the brick
piers.
5. The use of windows on the front of the building to improve visibility.
6. The use of quality building materials and detailing appropriate for property
abutting a residential neighborhood.
7. Limitation of business hours to between 5:00 am and 11:00 pm.
We anticipate a revised site plan and building design prior to your March 21 meeting.
We will email the plan to the Commission when it becomes available so that you have
time to consider it before the meeting.
From: Dave Randall <ptrcrndll @aol.com>
Sent: Tuesday, February 19, 2013 9:10 AM
To: Bob Miklo
Planning and Zoning Commision:
My name is David Randall and I live at 1100 Brookwood dr.. My home is on the corner of Ridge and Brookwood. I have
lived at this address for 33 years. I am sending this email in response to the letter I received on Sat. 2/16/13. 1 am unable
to come to the meetings because of ill health of my wife. I strongly object to the rezoning of this property so a caseys
store can be built. My reasons are the following. 1. 1 I would add much noise(car doors closing, people voices,cars starting
and leaving especially at night) 2. Increased traffic in and out especially onto a busy highway 6 3. more car lights shining
in my window since my home faces directly at highway 6. 4. possible increase in crime in this area because it will be a
place for people to hangout. 5. we dont need another store like this since we have 3 or 4 already on highway 6 not far
away. I think it would be better served as a office building or housing etc. I hope you will take my objection into
consideration when making your decision. Dave Randall 1100 brookwood dr.
Planning and Zoning Commission:
My name is David Randall and I live at 1100 Brookwood dr. My home is located at
the corner of Ridge and Brookwood. I have lived at this address for 33 years. I am
sending this letter in response to the letter I received on 2/16/13. 1 am unable to
come to the meetings because of severe illness of my wife.
I strongly object to the rezoning of this property so a Caseys can be built for the
following reasons.
1. It would add much noise(car doors banging,people voices, cars starting and
leaving especially at night.
2. Increased traffic in and out on to busy highway 6
3. More car lights shining into my windows since my home faces highway 6
4. Possible increase in crime in the area since it would be a place for people to
hang out
5. 1 don't think we don't need another store like it since we have several
already along highway 6 not far away
I think it would be better served as an office building, housing etc. 1 hope you will
take my objection into consideration when making your decision.
David Randall
191cZ, P 6ze�
1100 Brookwood dr.
Planning and Zoning Commission
February 21, 2013 - Formal
Page 9 of 14
REZ13- 00005: Discussion of an application submitted by Casey's General Stores, Inc. for
a rezoning from Commercial Office (CO -1) zone to Community Commercial (CC -2) zone
for approximately 2.31 -acres of property located at the southeast corner of the
intersection of Broadway Street and Highway 6.
Miklo showed numerous photographs of the property and the area. He explained the various
zoning in the area. He said the proposal before the Commission is to change this parcel and the
one adjacent to it to Community Commercial (CC -2). He cautioned the Commission to consider
the zone and not necessarily the specific applicant. He said any change to the Comprehensive
Plan or zoning for this property should take into account the sensitivity of this area at such a
location as it is transitions to residential. He said staff believes the conditions that were imposed
on the previous zoning should also be conditions of this rezoning, and those should address
creating an adequate buffer, landscaping, and controlling lighting to minimize any negative
effects commercial development on this site would have on its neighboring residential uses. He
said staff recommends deferral of this item, during which time staff will work with the applicant
on a Conditional Zoning Agreement (CZA) and a site plan.
Freerks opened public hearing.
Wally Pelds of Pelds Engineering, 2323 Dixon Street in Des Moines, said he is representing
Casey's General Stores. He explained they want to build the bigger store with the sub shop. He
explained how they want to develop the property and showed the Commission their concept
plan. He said staff has indicated what they would like to see is something architecturally unique
that doesn't impact the residential, possibly use an iron rail fence with brick pillars and do high
trees and low bushes as a buffer. He asked the Commission for feedback on what they would
like to see. Freerks said she would agree with all the ideas he presented. She said noise,
particularly from beeping gas pumps and the intercom, has been an issue in the past with
convenience stores, and the Commission did receive a letter from a concerned neighbor about
that issue.
Swygard said she thinks lighting is always an issue when that close to residential. Pelds said
they will address that issue.
Weitzel said it's nice to keep in mind that there might be pedestrian and bike traffic as well as
cars. Pelds said they have planned for bike rakes and access off the trail that runs through the
parcel.
Freerks said signage is also an issue.
Eastham said canopy design is important to him because they are tall and quite noticeable from
the highway. Pelds explained that they have gone to a softer look with more muted colors.
Dyer asked if the area requested for rezoning is green space. Pelds said it actually is going to
be modified completely. He said they are proposing to use the open space as detention.
Anna Buss, a landlord in Iowa City, spoke about the drug dealers and gangs who used to
congregate in and around the apartments close to the subject parcel. She said that planting
bushes or trees in an area that she pointed out to the Commission would just provide cover for
illegal activities. She also recommended a street in the area be relocated to make better for fire
protection and for safety. She said if the City won't relocate the street, then a fence should be
made taller and more hazardous. She would like to see brighter rather than softer lights. She
said she has no objections to the Casey's Stores in and of themselves. She said any
Planning and Zoning Commission
February 21, 2013 - Formal
Page 10 of 14
landscaping and fences in a certain area should not be any taller than two feet tall to prevent
people using them for concealing their actions. She said she would also like to talk to someone
about putting a fence in to stop the people who are causing trouble from running across the
highway to get away.
Freerks closed public hearing.
Weitzel moved to defer to March 7th REZ13- 00005, an application submitted by Casey's
General Stores, Inc. for a rezoning from Commercial Office (CO -1) zone to Community
Commercial (CC -2) zone for approximately 2.31 acres of property located at the
southeast corner of the intersection of Broadway Street and Highway 6.
Swygard seconded.
Freerks urged Pelds to talk to police about the conditions in that the subject area. Miklo said
staff had talked to the police about some of these concerns, and all parties are working to come
up with a plan that will meet zoning codes while maintaining a safe area.
A vote was taken and the motion carried 6 -0.
Rezonina Item
REZ13- 00001: Discussion of an application submitted by University of Iowa for a
rezoning from Institutional Public (132) zone to Public /Medium Density Multifamily
(P2 /RM -20) zone for approximately 27.8 -acres of property located west of Mormon Trek
Boulevard, north of Hawkeye Park Drive.
Miklo said the applicant has requested that this be deferred until March 21St
Freerks opened public hearing.
Freerks closed public hearing.
Eastham moved to defer until March 21St REZ13 -00001 an application submitted by
University of Iowa for a rezoning from Institutional Public (P2) zone to Public /Medium
Density Multifamily (P2 /RM -20) zone for approximately 27.8 -acres of property located
west of Mormon Trek Boulevard, north of Hawkeye Park Drive.
Weitzel seconded.
A vote was taken and the motion carried 6 -0.
Urban Renewal Plan
Discussion of Proposed Camp Cardinal Urban Renewal Plan for approximately 7 acres of
property located north of Melrose Ave between Camp Cardinal Road and Highway 218.
Wendy Ford, Economic Development Coordinator for the City, showed the Commission where
the subject property is located. She said to establish an Urban Renewal Area the City Council
must first pass a resolution of necessity, which is followed by Planning and Zoning reviewing
and making a recommendation to Council on whether the plan conforms to the Comprehensive
PLANNING AND ZONING COMMISSION APPROVED
MARCH 4 - 5:15 PM - INFORMAL
EMMA J. HARVAT HALL, CITY HALL
/6 // /.y
EMBERS PRESENT: Carolyn Stewart Dyer, Charlie Eastham, Anne Freerks, Phoe
Martin, Paula Swygard, John Thomas, Tim Weitzel
MEMBERS ABSENT: None
STAFF PRE NT: Bob Miklo, Sarah Walz, Charlie Cowell, Sarah
OTHERS PRESS -
RECOMMENDATIONS T ITY COUNCIL:
None.
CALL TO ORDER:
The meeting was called to order at 5:15 PM.
There was none.
Comprehensive Pla
Public hearing on -6 amendment to the Comprehensive Plan to ad tan update to Iowa
City's si
Comprehe ve Plan: "Iowa City 2030."
Walz explaipA that the Commission will take any public comment they get a he March 4`h
meeting d possibly the two meetings after that. She pointed out the future Ian use map,
Z s created by pulling from all the district plans. She said it's always the distric plan that
looked to as to what should happen on a specific piece of land. She said it's n ed in
itself to refer to the district plans. She said now, before it goes to City Council, is e
eople to advocate for changes.
Comprehensive Plan / Rezoning Item
A public hearing to amend the Comprehensive Plan - South District Plan to change the
land use designation from Multifamily to General Commercial for property located at the
southeast corner of the intersection of Highway 6 and Broadway Street.
REZ13- 00005: Discussion of an application submitted by Casey's General Stores, Inc. for
a rezoning from Commercial Office (CO -1) zone to Community Commercial (CC -2) zone
for approximately 2.31 -acres of property and to amend the Conditional Zoning
Planning and Zoning Commission
March 4, 2013 - Informal
Page 2 of 7
Agreement for 1.3 -acres of property currently zoned CC -2 located at the southeast corner
of the intersection of Broadway Street and Highway 6.
Miklo said they have met with the applicant and were anticipating a revised plan before Friday,
but haven't received it. Miklo said staff is going to recommend some changes for the existing
Conditional Zoning Agreement (CZA) that applies to the western part of the property that's
already zoned Community Commercial (CC -2). He said after speaking with the police and the
applicant staff would like to change the previous fencing requirements that called for a solid
masonry fence to a wrought iron fence that allows more visibility, along with low shrubs and
fewer evergreens. He said there may be changes to the whole property rather than just the east,
as had previously been discussed.
Freerks asked if that would affect the minimum screening standards. Miklo replied that they
have to meet the minimum standards.
Rezoning Items
REZ12- 00032: Discussion of an application submitted by Dealer Properties for a rezoning
to amend the Sensitive Areas Development Plan to allow a reduction in the previously
approved wetland buffer on property located at 2845 Mormon Trek Blvd (west of the
intersection of Dane Road and Mormon Trek Blvd).
Cowell explained that there is a previous sensitive wetlands area, which extends into outlot E,
the subject property. He said the applicant wishes to extend the parking lot in the buffer area in
outlot B by using buffer averaging. He said when the subdivision was previously approved, there
were mitigation measures that were supposed to be put in place, but they were overlooked. He
said staff is recommending that they meet these mitigation standards before extending into the
buffer area.
Freerks said that even if it was another owner who failed to meet the mitigation standards, those
standards are conveyed with the land. Miklo said that the former owner did not install the
wetland mitigation improvements that were required. Freerks asked who checks that these
requirements are met. Miklo explained how this situation came to be, which was basically that
the developer forgot to do it, and it slipped through the cracks.
Eastham asked if the staff at the City did not understand that the mitigation had not been done
when the applicant applied. Miklo said they did not.
Freerks said it might be interesting to have an idea how this can be prevented in the future and
asked staff to look into it.
Eastham asked if he is correct in thinking that the request in this application is to reduce a
wetland buffer area. Miklo said he is correct. It was discussed that even with this reduction in
wetland buffer, the buffer would be more than is required.
Martin asked what the wetland mitigation is that they need to do. Miklo said there are invasive
species of plants, so topsoil will have to be removed before putting in new topsoil and plant
wetland species of trees and grasses.
Eastham asked if the applicant had knowledge of this "forgotten" mitigation. The Commission
thought that when you buy property, that's something you should know.
Planning and Zoning Commission
March 7, 2013 - Formal
Page 3 of 18
App.rfd f1�t �1l�/�7
1997 the city was divided into sub - areas, and detailed plans for all but two of these areas
h e been done. He said with the updated Plan, staff proposes that the District Plans con ' ue
to b" art of the City's official documents and plans to guide preservation and new
develo ent. Miklo said the Comprehensive Plan consists of the District Plans, the ' erfront
Crossing and the Downtown Development Plan, the Towncrest Plan, the City Ste- the
Historic Pr ervation Plan, among others.
Walz gave a pr entation on how and why this update to the Comprehensive Ian has
i
changed. She sa this update does not contain huge changes from the p9 Kies ies of the 1997
Plan, but it does re ' nize that while the City has made tremendous pro ess in some areas,
other areas need to b orked on, and there are new challenges. She aid they made changes
based on the Downtow\ca erfront Crossings planning process , the District Planning
processes, and the two ensive Planning Workshops that ere held to get the public's
input, and the Good Ideign on the Internet. She sai d t update has a focus on
sustainability as definenvironment, society and eco mics.
Walz showed a list of things that ar consistently liked by a public. She said the small town
feel with the big city attractions sums I up for what ma people like about Iowa City. She said
the cover of the update is based on the ords people sed when they talked about what they
liked about Iowa City. She said the a majo challen identified by the public was economic
development, which includes a desire for ne st -ups, helping local businesses grow, better
cooperation among local governments, afforda a housing and housing diversity, and
preserving neighborhood schools.
Walz said work has already begun on s e of the G d Ideas, including securing a grant to
examine creating more access to the I a River by cha ing the Burlington Street Dam,
supporting an upgrade in rail trans,it yorn Des Moines to t Illinois border, extending bike lanes
across the Burlington Street Bridg , and exploration of the f sibility of having an indoor
farmers' market in Riverfront Cr sings.
Walz summarized the entir pdate regarding growth, land use, ho %spa
development, transporta I n, environment and resources, parks ans and
culture. She said the PI is available on the City's website.
Freerks opened pu is hearing.
Freerks closed ublic hearing.
Eastham oved to defer this item to the Planning and Zoning g of
March .
seconded.
vote was taken and the motion carried 6 -0.
Comprehensive Plan / Rezoning Item
A public hearing to amend the Comprehensive Plan - South District Plan to change the
land use designation from Multifamily to General Commercial for property located at the
southeast corner of the intersection of Highway 6 and Broadway Street.
Planning and Zoning Commission
March 7, 2013 - Formal
Page 4 of 18
REZ13- 00005: Discussion of an application submitted by Casey's General Stores, Inc. for
a rezoning from Commercial Office (CO -1) zone to Community Commercial (CC -2) zone
for approximately 2.31 -acres of property and to amend the Conditional Zoning
Agreement for 1.3 -acres of property currently zoned CC -2 located at the southeast corner
of the intersection of Broadway Street and Highway 6.
Miklo said this was deferred from the Commission's last meeting to allow consideration of
changes to the plan to address concerns about neighborhood compatibility. He said the western
portion of the property that's requested for rezoning is zoned Community Commercial (CC -2)
but has a Conditional Zoning Agreement (CZA) that requires a landscaping buffer along the
south and east boundaries. He said the CZA also requires at least a five foot high masonry wall
and extensive evergreen landscaping. He said after consulting with the City Police Department
staff is working with the applicant to develop a plan that would provide for more visibility. He
said the applicant did submit a new plan using a wrought iron fence with some deciduous trees
and low shrubbery. Miklo said the staff and the applicant will continue to work with City's Crime
Prevention Officer to find a plan that achieves the objective of providing screening but also
provides for visibility for the site. He said some elements of the Code regarding landscaping
conflict with the visibility that is recommended for this site. He said since the screening will be
less dense, staff feels that the design of the buildings and the canopies are very important
because they will be highly visible to the surrounding neighborhood areas so that discussion
needs to be continued with the applicant. Miklo said staff is recommending deferral.
Thomas asked what is happening with the trail that is running through the eastern part of the
property. Miklo replied that this is the Highway 6 trail and there would a connection from the trail
to the convenience store. He said there also may be some storm water detention in that area.
Thomas commented that there are multifamily residential along the eastern edge of the property
and he doesn't see as much landscape treatment. Miklo said that is a point of discussion and
staff suggests the same wrought iron fence be continued through here. He said the property
manager's wish is to have little landscaping but staff thinks there is room for some low
shrubbery in addition to the fence.
Eastham said this property is bordered on two sides by multifamily housing, and in the past
when they have considered this kind of redevelopment near a residential area, the Commission
has gone to considerable lengths to try to isolate the use of the redevelopment from surrounding
residences. He asked if they are getting away from that objective. Miklo responded that he
would use the word "buffer" rather than "isolate ". He said they are looking at a different, softer
method of buffering plus using distance as a buffer. He said that they want the back of the
building to be well designed because that's what faces the residential areas, and the building
itself will act as a buffer between residential and the gas pumps. He said there is still some
disagreement about the buffering that they are trying to work out. Eastham said the headlight
effect on residential areas would be fairly noticeable on the east side. Miklo said there is
discussion about having some low hedge to screen that. Freerks said they did receive a letter
from someone across the highway concerned about headlights and traffic noise.
Freerks opened public hearing.
Wally Pelds of Pelds Engineering and representative for the applicant said they plan on
addressing the headlight issues by planting a shallow hedge and then creating a grade or berm
so the headlights would not be shining to the north. He said they may ask for some leniency or
variances as to buffering from the properties to the south.
Planning and Zoning Commission
March 7, 2013 - Formal
Page 5 of 18
Freerks asked if he agrees that the design of the building is important for fitting in, perhaps
something beyond the standard. He explained the design features of the building, and said they
will continue to work with staff.
Eastham asked if the trees would be installed on the applicant's property. Pelds said they would
be.
Freerks said at the next meeting the Commission will be looking at the issues of noise, light, and
canopies so they will be compatible with the neighborhood.
Martin asked Pelds if there is a design for the pass- through the fence. Miklo said yes, it's a
public right of way.
Thomas said that he liked the idea of a berm very much.
LeAnne Krell, legal counsel with Caseys General Stores, said she has the authority to waive the
45 day limitation, and so waives it. She said she had talked with police at the station directly
across from the site, and they want a clear sight line, no landscaping where people could hide,
or any design elements that lend themselves to graffiti She said she wanted to ask the
Commission how much leniency they are going to give regarding the recommendations of the
police versus minimum standards of the Code. She said they are still very interested in this site,
but understanding law enforcement's concerns, she would like to get some clear indication
whether or not a variance would even be entertained. Freerks said this body does not grant
variances. She said what she would suggest is that the applicant, the planning staff and the
police department meet to discuss the plan. She said there are certain standards that she thinks
can be met, and this is achievable. She said she thinks the design of the building is very
important.
Miklo said there are two aspects of the current plan that don't comply with the City's minimum
zoning requirements. He said the screening in two different areas and the street trees along
Highway 6, and he wouldn't see the street trees as being an issue in terms of visibility.
Freerks said if they are going to be absolutely minimal in some categories, it's helpful to achieve
something a little stronger in building design in order to make up for that. Krell asked if what
they are looking for is an overall development that is aesthetically pleasing that addresses the
concerns of law enforcement, that best meets as is possible the requirement. Freerks agreed
with that statement.
Eastham said for him that it be aesthetically pleasing is the primary goal.
Freerks said noise and lighting are very important in this kind of redevelopment, and she cited
the North Dodge Hy -Vee. She perhaps they could go a bit beyond the corporate model in this
case.
Freerks closed public hearing.
Eastham moved to defer these items to the Planning and Zoning Commission meeting of
March 21.
Thomas seconded.
A vote was taken and the motion carried 6 -0.
Planning and Zoning Commission
March 21, 2013 - Formal
P ge6of17
yp.ovc6t by P¢ Z `1/ -1/13
A vote was`taken and the motion carried 7 -0.
Comprehensive Plan / Rezoning Item
A public hearing to amend the Comprehensive Plan - South District Plan to change the
land use designation from Multifamily to General Commercial for property located at the
southeast corner of the intersection of Highway 6 and Broadway Street.
REZ13- 00005: Discussion of an application submitted by Casey's General Stores, Inc. for
a rezoning from Commercial Office (CO -1) zone to Community Commercial (CC -2) zone
for approximately 2.31 -acres of property and to amend the Conditional Zoning
Agreement for 1.3 -acres of property currently zoned CC -2 located at the southeast corner
of the intersection of Broadway Street and Highway 6.
Miklo said staff has been working with the applicant on the screening for the property as well as
with the Iowa City Police Community Service Officer to address concerns about visibility on the
property. He said they have come to agreement on most issues. He described the changes in
fencing plantings and a berm. He said with the revised plan staff feels that the landscaping
requirements of the Code are being met while at the same time the concerns of the police about
maintaining site visibility throughout the site are achieved. He said the applicant has agreed to
limit the height of the canopy and to wrap the posts in masonry to match the building. He said
staff and the applicant could not come to agreement on adding more windows to improve
visibility and "eyes on the street." He said the applicant couldn't agree to do that because of the
location of restrooms nor would they agree to staff's suggestion of enlarging the front windows.
He showed examples of buildings that staff hoped the applicant would pick the best features
from and use in their design.
Miklo said staff is recommending approval of this application with these conditions:
a. The development of the property will substantially conform to the site plan. Any
significant changes from this site plan will require approval of the Design Review
Committee.
b. The development of the buildings and structures including canopies will be of a
quality design appropriate for property abutting a residential neighborhood.
Buildings and structures will include features such as stone and /or masonry
materials, and muted colors and will substantially conform to the building elevations
and plans attached here to and by reference made part of this agreement. Any
significant changes from these designs will require approval of the Design Review
Committee.
c. The measurement from grade to the bottom of the canopy shall not exceed 15 feet.
The overall height of the canopy shall not exceed 18'9" except for approved signage.
Under canopy lighting shall be flush mounted or recessed within the canopy so that
the light source is not exposed.
d. A substantial buffer area of no less than 35 feet in width will be established along
the southern and eastern property lines. This buffer must be screened to the S2
standard and include a decorative masonry and metal fence a minimum five (5)
feet in height and deciduous over story trees to the north of the fence. Tree
species, such as locust and pin oak, that provide a screening effect but also
allow for visibility will be used. The trees will be properly pruned to assure that
the bulk of the crown is located six feet above ground to help assure visibility.
Planning and Zoning Commission
March 21, 2013 - Formal
Page 7 of 17
The fence shall be in substantial compliance with concept plan submitted to the
City.
e. Berms with plantings to be maintained at a height of between than 2 feet and
2.5 feet above the berm will be installed to screen to headlights as shown on
the attached site plan.
f. A landscaped setback of no less than 20 feet will be provided and maintained
along Broadway Street.:
g. There will be a limit of one (1) free - standing sign located in the northwest corner of
the property. There will be no building signs on the south and east sides facing the
residential development. Other fascia and monument signs are permitted as per the
code.
h. Pedestrian lighting will be provided for the sidewalk connection to Hollywood
Boulevard and the south east corner of the property. Lighting will be installed
on the commercial side of the brick piers.
i. Business hours will be limited to between 5:00 am and 11:00 pm.
Eastham asked what windowing the staff preferred on the front of the building. Miklo said staff
was suggesting that the applicant make them larger so the building has a more open
appearance. He said staff was suggesting that more height be added to the windows and
extended over to the edge of the entry.
Freerks opened public hearing.
Wally Pelds with Pelds Engineering Company representing Casey's General Stores
summarized some of what they have changed in their plan: their parapet wall has been
extended so you can't see the rooftop equipment; the building is encompassed completely with
brick; they have added some columns to dress up the back of the building. He said the windows
are already fairly large. He said part of the business model is that they use the same kinds of
windows in all the stores and keep a stock on hand if hit by tornados. He said if they changed
their windows they would also change their standardized energy envelope. He said they have a
standardized layout of merchandise. He said they have really stepped up from what they have
built in other locations.
Freerks asked if they special order windows for buildings that have been adapted. Pelds
responded that those stores are either torn down or remodeled to fit their standard template.
Eastham asked if they agree to decrease the canopy height to fifteen feet above grade. Pelds
said that is fine with them.
John Rummelhart asked if that canopy and the site will accommodate large semis. Pelds
responded that this store is not slated to have diesel fuel. He said they only really get a delivery
truck and a tanker truck on site. He said the set up for the trucks is pretty standardized. Freerks
closed public hearing.
Weitzel moved to recommend approval of an amendment the Comprehensive Plan -
South District Plan to change the land use designation from Multifamily to General
Commercial for property located at the southeast corner of the intersection of Highway 6
and Broadway Street and REZ13- 00005: an application submitted by Casey's General
Planning and Zoning Commission
March 21, 2013 - Formal
Page 8 of 17
Stores, Inc. for a rezoning from Commercial Office (CO -1) zone to Community
Commercial (CC -2) zone for approximately 2.31 -acres of property and to amend the
Conditional Zoning Agreement for 1.3 -acres of property currently zoned CC -2 located at
the southeast corner of the intersection of Broadway Street and Highway 6 with the
recommended conditions.
Eastham seconded.
Swygard said she thinks the applicant has worked hard to make the store fit this site. She said
she particularly likes how the fencing and the lighting have been thought out to minimize the
impact on the neighbors.
Eastham said he appreciates the staff and applicant working together to attain a reasonable
building design on a major highway in the city and to give reasonable consideration to the
impact of car lights on the adjoining residences. He said that he believes the project will
enhance the entire nearby neighborhood.
Thomas said he also appreciates the effort that has gone into this. He said he thinks berming is
an excellent approach to take for screening because some trees and shrubs may not make it in
the long run so using just the earth form will be more effective. He said the shapes of the day lily
areas seem a bit ragged to him, and he hopes in the implementation they will be smoothed out.
He said he personally is okay with the amount of glass in the front.
Freerks said she is happy with the fence and the berm and thinks it goes in the right direction to
utilize something like that which is low in cost but will be effective. She said she likes the
landscaping. She stated that she's happy to see something developed on this corner, and she
thinks it will be utilized and will be a good project. She said she is a bit disappointed in the
building design and personally likes more windows for the employees to be able to see what's
going on outside. She suggested that perhaps in their next design template for Casey's that
they use more windows.
A vote was taken and the motion carried 7 -0.
Rezoning Items
REZ12- 00032: Discussion of an application submitted by Dealer Properties for a rezoning
to amend the Sensitive Areas Development Plan to allow a reduction in the previously
approved wetland buffer on property located at 2845 Mormon Trek Blvd (west of the
intersection of Dane Road and Mormon Trek Blvd).
Miklo said the applicant had a good neighbor meeting, one person attended, and the applicant
agreed to plant a row of evergreens on the vacant residential lot that they own in the county. He
said there is a revised plan, which shows compliance with the twenty foot buffer that's required
by the Conditional Zoning Agreement and includes additional landscaping to screen the car
dealership from the residences on Dane Road. He said there's some question of whether or not
the lighting is in compliance, and the City needs to determine if the three - hundred foot setback
applies to a residential zone in the county. He said if it is determined that the setback applies,
the lights would have to be lowered to meet that standard. He said staff is recommending
approval of the revised plan with the condition is that the mitigation work to the wetlands be
completed before the new paving is installed.
P'v
t v�
Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington St, Iowa City, IA; -J19 356 -5243
RESOLUTION NO. c,V}
A RESOLUTION AMENDING HE COMPREHENSIVE PLAN TO CH/1a HE Ld D USE
DESIGNATION FROM MULTI AMILY TO GENERAL COMMERR P PERTY
LOCATED NEAR THE SOUTH ST CORNER OF THE INTERSEF H HWAY 6
AND BROADWAY STREET.
WHEREAS, the Iowa City Com ehensive Plan serves as a lan ing guide by
illustrating and describing the location nd configuration of appropriate throughout the
City, provides notification to the public garding intended uses of landtrates the long
range growth area limit for the City; and
WHEREAS, if circumstances change a d /or additional information ocome to light, a
change to the Comprehensive Plan may be i the public interest; and
WHEREAS, the general principles oft a Comprehensive Plan ge commercial
development along major arterial streets; and
WHEREAS, the Comprehensive Plan also commends focusi
in commercial centers in order to discourage spr 1; and �
WHEREAS, the subject property is bordere to the west i1
located along a major arterial street; and
WHEREAS, the City received a request to rezone rod
Community Commercial (CC -2); and
WHEREAS, it is in the City's interest to rezone the L
of an attractive commercial addition to this entryway
Pepperwood Plaza; and
WHEREAS, the Planning and Zoning Commis or
determined that circumstances have changed t the
Comprehensive Plan is warranted.
NOW, THEREFORE, BE IT RESOLVED BY /HE CITY
CITY, IOWA, THAT:
commercial development
commercial zoning and is
rty/from Commercial Office (CO -1) to
.t property to promote development
the Broadway neighborhood and
reviewed this amendment and
it that an amendment to the
OF THE CITY OF IOWA
The land -use designation for property Ocated at the southeas corner of the intersection of
Highway 6 and Broadway Street shat be changed from Mutli -F mily Residential to General
Commercial in the Iowa City Compre ensive Plan and the South trict Plan.
Passed and approved this
ATTEST:
CITY CLERK
of , \2013.
MAYOR:
9 -/.3
71Q.
=MPUM
Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St, Iowa City, IA 52240; 319 - 356 -5240 (SUB13- 00007)
RESOLUTION NO. 13 -137
RESOLUTION APPROVING THE PRELIMINARY PLAT OF
COUNTY CLUB ESTATES FOURTH, FIFTH, SIXTH AND SEVENTH ADDITIONS, IOWA CITY,
IOWA.
WHEREAS, the owner, S &J Development L.L.P., filed with the City Clerk, an application for
approval of the preliminary plat of preliminary plat of Country Club Estates Fourth, Fifth, Sixth and
Seventh Additions, Iowa City, Iowa; and
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the preliminary plat and recommended approval; and
WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due
deliberation, recommended acceptance and approval of the plat; and
WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of
the City of Iowa City, Iowa.
NOW, THEREFORE, BE IT RESOLVED- BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
1. The preliminary plat of Country Club Estates Fourth, Fifth, Sixth and Seventh Additions,
Iowa City, Iowa, is hereby approved.
2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed
to certify this resolution, which shall be affixed to the plat after passage and approval by
law.
Passed and approved this23 day ofAnril , 2013.
ATTEST:
CITY CLERK
_r
I
Approved by
`City Attorney's Office / s1/3
It was moved by Mims and seconded by nf k,.,, the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Dickens
X Dobyns
X Hayek
X Mims
X Payne
N Throgmorton
s \pcd \preliminary plat - resolution.doc
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To: Planning and Zoning Commission
Item: SUB13 -00007 Country Club
Estates 4 -7 Additions
GENERAL INFORMATION:
STAFF REPORT
Prepared by: Andrew Bassman, Planning Intern
Date: April 4, 2013
Applicant: Mike Speer
S & J Development, LLP
1157 Flagstaff Street
Iowa City, IA 52240
358 -8730
Requested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
Neighborhood Open Space District:
File Date:
45 Day Limitation Period.
BACKGROUND INFORMATION:
Preliminary plat approval
Approval of Country Club Estates 4 -7 Additions, a
67 -lot residential subdivision with 5 outlots
West of Lake Shore Drive
51.1 acres
Undeveloped; OPD -5, RR -1, ID -RS
North: undeveloped, P1
South: residential; County -R, County -AR
East: residential; RS -5, RR -1, OPD -5
West: agricultural, County -A
Hunter's Run (SW5)
March 14, 2013
April 29, 2013
The applicant, S & J Development, has requested preliminary plat approval of Country Club
Estates 4 -7 Additions, a 67 -lot, 51.1 -acre residential subdivision with 5 outlots located west of
Lake Shore Drive.
The preliminary plat approval of Country Club Estates 3 -7 Additions was approved in 2009. The
OPD plan that accompanied the 2009 rezoning addressed protection for sensitive features on the
site, including a blue line stream and wetland areas. A Conditional Zoning Agreement
accompanied approval of the OPD and preliminary plat. The CZA addresses improvements to
Rohret Road and Slothower, approval of a wetland mitigation plan, and a plan for long -term
maintenance of the wetlands by a homeowners association. The CZA specified that the applicant
would improve Rohret Road to City standards adjacent to Lots 1 -38, located in the 3rd Addition,
and connect Lake Shore Drive to Rohret Road.
2
The final plat County Club Estates the 3`d Addition was approved in October 2009. The wetland
mitigation plan and plan for long -term maintenance were also submitted and accepted when the
3rd Addition final plat was approved.
The preliminary plat for County Club Estates 4 -7 Additions expired in 2011. Preliminary plats
expire after 24 months unless the applicant seeks an extension from the City Council. The
expiration provision is in the subdivision regulations to help assure that subdivisions comply with
any significant changes to City policies or regulations. There have been no significant changes to
the Comprehensive Plan or regulations that apply to this area of the City since the expired
preliminary plat was approved. The current proposal for County Club Estates 4 -7 Additions does
not differ significantly from what was approved in 2009.
The applicant has indicated that they have used the "Good Neighbor Policy" and have had a
neighborhood meeting.
ANALYSIS:
Comprehensive Plan and Zoning: The subject area is located within the Weber Subarea of
the Southwest District Plan. The Southwest District Plan future land -use map depicts the
subject area as appropriate for single - family or duplex residential development at a density from
2 to 12 units per acre. The Plan states that the lower densities of the specified range would be
more suitable to areas with sensitive environmental features, topographical constraints, and
limited street access whereas the higher densities should apply to areas with good access to
City services and facilities.
The subdivision design and OPD plan that were approved in 2009 were found to be in
conformance with the Comprehensive Plan. There have been no changes to the
Comprehensive Plan for this area since 2009. Since the current proposal is essentially the
same plan as approved in 2009 staff finds that it conforms to the Comprehensive Plan and the
RS -5 zoning requirements.
Subdivision design: As noted the design of the plat is generally the same as the plat approved
in 2009. One lot was eliminated between lots 67 — 76 and as a result each of those lots is
slightly larger. Staff recommends approval of this change.
The subdivision regulations note that double and triple- frontage lots should be avoided. The
area that contains lots 66 and 87 was previously platted as one lot in order to minimize the
number of double frontage lots along Slothower Road and Dunley Court. Because of the triple
fronting situation staff would recommend that this area be platted as one large lot, as approved
in the previous plat.
Wildcat Lane ends at the north border of the proposed subdivision and connects to Slothower
Road to the west. Slothower Road is currently a chip -seal surface and requires substantial
improvements to meet City Standards, including right -of -way acquisition. Because this is a
major development, with a significant number of new residential lots, vehicular traffic, as well as
pedestrian and bicycle traffic on Slothower Road will increase. Improvements to Slothower
Road are not yet included in the Capital Improvements Program (CIP). The applicant is required
to share the cost of improving Slothower Road to Wildcat Lane at the time of the 5th Addition
final plat approval. As a condition of approval of the previous plat, it was agreed that that
Wildcat Lane will be barricaded at Slothower Road until Slothower Road is reconstructed either
to City standards, or at a minimum widened to a 22 -feet wide chip seal road (rural residential
standards). A sign at the barricade indicating that the dead -end will eventually be opened to
Slothower Road is shown on the plat.
P=Staff Reportslsubl3 -00001 country club estates 4 -7 revised staff report. doc
3
As a requirement of the Subdivision Code, the applicant/owner is required to dedicate land to
the City as public right -of -way for both Rohret Road and Slothower Road, and provide
necessary utility and construction easements. The applicant will be required to share the
proportional cost of improvements of the portions of these roads that are adjacent to the
subdivision. Because the subdivision is located on only one side of each street, this amount is
equal to 12.5% of the total cost of improvements to the portion of Rohret Road (an arterial
street) that abuts the property and 25% of the total cost of improvements to the portion of
Slothower Road (a collector street) that abuts the property.
Neighborhood parkland: The open space requirement for all phase of Country
Club Estates will be fulfilled with the dedication of Outlot B.
Storm water management: Issues with stormwater management were addressed at the time of
the 2009 preliminary plat application. Stormwater detention facilities have been constructed in
Outlot D of Country Club Estates Part 3.
Infrastructure fees: As note above fees for the improvement of if Slothower Road and Rohret
Road will be required at the time of final plat approval for Part 5 and Outlot G. A water main
extension fee of $395 per acre is required.
STAFF RECOMMENDATION:
Staff recommends approval of SUB13 -00007 the preliminary plat of Country Club Estates 4 -7
Additions, a 67 -lot, 51.08 acre residential subdivision located north or Rohret Road, east of
Slothower Road and west of Lake Shore Drive, be approved subject to correction of technical
deficiencies identified by the City Engineer and the platting of lots 66 and 87 as on lot to
minimize the number of lots with multiple frontages.
ATTACHMENTS:
1. Location Map
2. Preliminary plat
Approved by: /
Robert Miklo, Senior Planner,
Department of Planning and Community Development
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Planning and Zoning Commission
April 4, 2013 - Formal
Page 13 of 15
astham said there were comme earlier about honoring consumer choice, especially in
hous a and location, a Ithough that's an important thing to keep in mind, he also has to
bear in min his re nsibility is to the entire community. He said developers don't
necessarily have e inclination as he does all the time.
A voWwas taken and the motion car`r1e4d_7 -0.
Development Item
SUB13- 00007: Discussion of an application submitted by S &J Development for a
preliminary plat of Country Club Estates 4 -7 Additions, a 67 -lot, 51.08 acre residential
subdivision located west of Lake Shore Drive.
Miklo said he received a revised plat and the technical deficiencies have been corrected. He
said the two double fronting lots have been combined into one, so staff is recommending
approval. He reminded the Commission that this is basically the same plan that was approved in
2009. He said one of the concerns was connectivity to Melrose Avenue. Miklo said in the long
term a collector street is anticipated in the vicinity of Slothower Road connecting Melrose to the
Country Club subdivision and eventually Rohret Road.
Freerks opened public hearing
Freerks closed public hearing.
Eastham moved to recommend approval of SUB13 -00007 an application submitted by
S &J Development for a preliminary plat of Country Club Estates 4 -7 Additions, a 67 -lot,
51.08 acre residential subdivision located west of Lake Shore Drive.
' Swygard seconded.
Freerks said this complied with the Comprehensive Plan previously, there have been very few
changes, and it still complies with the Plan. Eastham agreed with Freerks' remarks.
A vote was taken and the motion carried 7 -0.
Consideration of Meeting Minutes: March 21, 2013
Eastham moved to adopt the minutes of March 21 with minor corrections.
Martin seconded.
A vote was taken and the motion carried 7 -0.
OTHER
Allison Hart
1217 Lake Shore Dr.
Iowa City, IA 52246
April 2, 2013
Re: Country Club Estates Additions 4 -7
Dear Planning and Zoning Commission:
Pursuant to your letter dated March 28, 2013 regarding Country Club Estates Addtions 4 -7 on
Lake Shore Drive, I am writing to object to the proposed application. My detailed objections
follow:
Since I moved into 1217 Lake Shore Dr in June 2010, there has been construction of new homes
on Lake Shore Drive. I understand that when constructing new homes, trucks and trailers are
necessary as part of the construction process. However, there have been many trailers,
outhouses, dumpsters, tractors, and other construction accessories parked on the street and
left in empty lots for months, even in empty lots that are not currently under construction. We
have called the City about this and they told us that trailers cannot be parked on the street for
months without permits, and the developer does not have these permits. We have concerns
for our property value if such similar eye sores are going to be parked and left in empty lots
around our house during the Phase 4 -7 Additions. 1 do not want my sons to have to play in my
backyard next to abandoned dumpsters and trailers.
I have additional concerns about our property value since most of the proposed lots are much
smaller than the existing lots in this neighborhood. The developer has been throwing up small,
cookie -cutter houses on much smaller lots over the past year, and it will definitely hurt my
property value if the Additions 4 -7 houses are of the same type and quality. The lots should be
redrawn to be of similar size to the lots in Phases 1 and 2 and the houses should be built in a
variety of layouts and sizes as was done in Phases 1 and 2.
Another concern that I have is future traffic. It appears that Wildcat Lane will connect to
Slothower Road. Slothower Road is not large enough or well paved enough to deal with the
traffic that will ensue. Addtionally, this connection will redirect traffic to Melrose, which
already has a great deal of traffic with both West High and University Hospitals being located off
of Melrose. We also do not want traffic cutting through our neighborhood to connect to Rohret
Rd from Melrose. Our neighborhood has no fences, kids play in the streets and in yards, and it
would be very dangerous to increase traffic in the neighborhood by connecting to Melrose.
Lastly, as we discovered during the 2012 Landfill fires, the proximity of the Country Club Estates
1
to the Iowa City Landfill is problematic. Additions 4 -7 proposes building homes even closer to
the Landfill, which could cause health problems for the occupants if the Landfill ever again
catches on fire or has any other type of off - gassing issues. Homes should not be built any closer
to the Landfill.
Please let me know if you have any questions.
Sincerely,
Allison Hart
harty6 @hotmail.com
319 - 354 -0380
Bob Miklo
From: John Niemeyer <j.niemeyer @hotmail.com>
Sent: Thursday, April 04, 2013 12:13 PM
To: Bob Miklo
Subject: FW: Country Club Estates -- Proposed Additions
Mr Miklo
Thank you for the notice respecting the proposed development. Mary Fran and I hope to be able to attend
the meeting this evening, but we wanted the Commission to have a copy of our letter to Tim and Deana
Gholson, who are active in the HOA.
We have resided since last August at 1405 Lake Shore Drive, which overlooks the CCE pool and tennis courts.
We think the access issue in particular needs to be considered. In addition to the comments in our letter, we
are concerned by the lack of access for emergency vehicles into the area, a problem that could be solved by
a north -south street off Melrose.
John / Mary Fran Niemeyer
From: j.niemeyer @hotmail.com
To: tdg2ic @mchsi.com
CC: maryfran @gmail.com
Subject: Country Club Estates -- Proposed Additions
Date: Mon, 1 Apr 2013 13:33:46 -0400
Hi Tim and Deana
At the end of last week we received the notice from the city respecting the proposed CCE additions. This
morning when I was walking Flora and Hildy I met a city intern who was reconnoitering the spurs off Lake
Shore Drive. I am sorry that I didn't get his name, but we had a pleasant visit and I learned a little more about
the proposed development. Mary Fran and I plan to attend the Thursday meeting at city hall. She and I have
some thoughts about the project, which we will briefly list here:
(1) Roads. The proposed development is effectively landlocked, lacking adequate access from the north or
south. An obvious solution would be to provide access from Melrose Ave. on the north, or Rohret Road on the
south, or both. (Access from Rohret Road would presumably require improvement of Rohret, which is now is
now a narrow two -lane blacktop west of Lake Shore Drive.) Instead, it appears that access to the proposed
development, both for purposes of construction and for access to newly- constructed homes, would for
the foreseeable future be exclusively from Rohret Road and Lake Shore Drive, utilizing the spurs at Tempe
Place, Dunley Court, and Tumbleweed Terrace.
Iowa City, so far as we can determine, has no present plans for any street construction that would affect the
area within the proposed development. The city's development plan contemplates a north -south street, but
the plan is now more than ten years old and lacks a specific timetable. It can be viewed
at: http: / /www.icgov.oriz/ site /CMSv2/ file /planning /urban /districts /SWDian pdf
Johnson County's draft five -year road plan does not include any activity that would affect the current CCE or
the proposed additions. Melrose appears to become IWV Road west of the turn into the landfill, and three
projects are planned for IWV, but none of them would affect access to the CCE development. The Johnson
County plans are available at: http: / /www.iohnson- county.com /dept sec roads.aspx ?id =1469
Adequate infrastructure should be a component of a development plan, and access is a critical element of
infrastructure. We think this issue should be addressed by the developer and the city.
(2) Parks and recreation. The proposed development does not disclose any provision for parks or similar
amenities, and it is thus to be assumed that the developer expects that the community center at Outlot A in
the First Addition, where there is at present a pool, tennis courts, parking, and other amenities, will serve the
new development.
This should be reassessed. The current facilities appear to be adequate for the families now residing within
CCE. There are 100 lots within the present three additions, of which we estimate about 80 are built on and
occupied. The completion of construction on the remaining lots, together with the 66 lots within the
proposed development, would roughly double the number of families with access to the community
center. We assume the city has expertise respecting the load- carrying capacity of park -like facilities, and of
the parking requirements associated with them, and we would be interested in an assessment of this issue.
John / Mary Fran Niemeyer
Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5240 (SUB13- 00001)
RESOLUTION NO. 13 -138
RESOLUTION APPROVING FINAL PLAT OF
COUNTY CLUB ESTATES FOURTH ADDITION, IOWA CITY, IOWA.
WHEREAS, the owner, S & J Development L.L.P, filed with the City Clerk the final plat of County
Club Estates Fourth Addtion, Iowa City, Iowa, Johnson County, Iowa; and
WHEREAS, said subdivision is located on the following- described real estate in Iowa City, Johnson
County, Iowa, to wit:
A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION
13, TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA
CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS:
Commencing at the Center of Section 13, Township 79 North, Range 7 West, of the Fifth Principal
Meridian; Thence S89 °44'30 "E, along the North Line of the Northwest Quarter of the Southeast
Quarter of said Section 13, and the North Line of Auditor's Parcel 2002031, in accordance with the
Plat thereof Recorded in Plat Book 45, at Page 53, of the Records of the Johnson County
recorder's Office, a distance of 361.50 feet, to the Northeast Corner of said Auditor's Parcel
2002031, and the Point of Beginning; Thence continuing S89 °44'30 "E, along said North Line of the
Northwest Quarter of the Southeast Quarter, a distance of 354.25 feet, to the Northwest Corner of
Country Club Estates Second Addition to Iowa City, Johnson County, Iowa, in accordance with the
Plat thereof Recorded in Plat Book 49 at Page 270 of the Records of the Johnson County
Recorder's Office; Thence S14 °51'48 "E, along the West Line of said Country Club Estates Second
Addition, a distance of 221.57 feet; Thence S14 °38'33 "E, along said West Line, 97.48 feet;
Thence S00 °07'09 "E, along said West Line 75.66 feet; Thence S18 °21'00 "W, along said West
Line, 91.60 feet; Thence S20'38'1 5"W, along said West Line, 126.29 feet; Thence S11 °37'37 "W,
along said Wet Line, 157.66 feet; Thence N71 °35'21 "W, 165.39 feet; Thence Southwesterly, 2.13
feet along a 819.50 foot radius curve, concave Northwesterly, whose 2.13 foot chord bears
S18 °29'07 "W; Thence N71 °26'24 "W, 219.94 feet; Thence N14 °09'30 "E, 65.24 feet; Thence
S77 °41'01 "E, 161.39 feet; Thence Northeasterly, 9.63 feet along a 759.50 foot radius curve,
concave Northwesterly, whose 9.63 foot chord bears N11 057'12 "E; Thence Northeasterly, 30.16
feet along a 890.77 foot radius curve, concave Southeasterly, whose 30.16 foot chord bears
N12 °33'36 "E; Thence N76 °28'12 "W, 10.20 feet; Thence N12 °18'59 "E, 10.00 feet; Thence
N77 °41'01 "W, 149.65 feet; Thence N14 °09'30 "E, 136.39 feet; Thence N60'08'1 5"W, 39.46 feet, to
the Southeast Corner of said Auditor's Parcel 2002031; Thence N01 °16'10 "E, along the East Line
of said Auditor's Parcel 2002031, a distance of 361.50 feet, to the Point of Beginning. Said Tract of
land contains 6.14 Acres, and is subject to easements and restrictions of record.
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the proposed final plat and subdivision, and recommended approval; and
WHEREAS, a dedication has been made to the public, and the subdivision has been made with the
free consent and in accordance with the desires of the owners and proprietors; and
WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa
(2013) and all other state and local requirements.
Resolution No. 13 -138
Page 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The said final plat and subdivision located on the above - described real estate be and the
same are hereby approved.
2. The City accepts the dedication of the streets and easements as provided by law and
specifically sets aside portions of the dedicated land, namely streets, as not being open for
public access at the time of recording for public safety reasons.
3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed,
upon approval by the City Attorney, to execute all legal documents relating to said
subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after
passage and approval by law. The City Clerk shall record the legal documents and the plat at
the office of the County Recorder of Johnson County, Iowa at the expense of the
owner /subdivider.
pcd /templates /Final Plat - Resolution.doc.doc
Resolution No. 13 -138
Page 3
Passed and approved this 23rd day of April 2013.
ATTEST:
CIT LERK
•
•-
Approved by
City Attorney's Office (r
It was moved by Payne and seconded by Dickens the Resolution be
adopted, and upon roll call there were:
AYES:
x
x
X
x
x
x
x
pcd /templates /Final Plat - Resolution.doc.doc
NAYS:
ABSENT:
Champion
bickens
Dobyns
Hayek
Mims
Payne
Throgmorton
To: City Council
Item: SUB13 -00001 Country Club
Estates Fourth Addition
GENERAL INFORMATION:
STAFF REPORT
Prepared by: Andrew Bassman, Planning Intern
Date: April 23, 2013
Applicant: S & J Development, LLP
1157 Flagstaff Street
Iowa City, IA 52240
358 -8730
Requested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
Neighborhood Open Space District:
File Date:
60 Day Limitation Period:
BACKGROUND INFORMATION:
Final plat approval
Development of Country Club Estates Part 4, a 16-
lot residential subdivision
West of Lakeshore Drive
6.14 acres
Undeveloped, OPD -5
North: undeveloped, P1
South: undeveloped, OPD -5
East: residential, RS -5
West: agricultural, County -A
Hunter's Run (SW5)
March 20, 2013
May 19, 2013
The applicant, S & J Development, has requested final plat approval of Country Club Estates
Fourth Addition, a 16 -lot, 6.14 -acre residential subdivision located to the west of Lake Shore
Drive.
The preliminary plat and planned development overlay zoning (OPD -5) for Country Club Estates,
Third -Sixth Additions, a 107 -lot, 60.28 -acre single - family subdivision located north of Rohret Road
and east of Slothower Road, were approved in May 2009. The applicant received approval for the
Third Addition final plat in August 2009. The preliminary plat for the Fourth through Seventh
Addition expired in May 2011.
At their April 4 meeting the Planning and Zoning Commission reviewed and recommended
approval of a new preliminary plat for County Club Estates Fourth, Fifth, Sixth and Seventh
Addition . The new preliminary plat is generally the same as the plat that was approved in 2009.
Only minor adjustments to lot lines have been made.
2
ANALYSIS:
The final plat is in general conformance with the pending preliminary plat and current subdivision
regulations. Construction plans have been submitted and are being reviewed by the City
Engineer. The City Attorney's Office is reviewing the legal papers. It is anticipated that these plans
and documents will be approved by Staff prior to City Council consideration of the final plat.
STAFF RECOMMENDATION:
Staff recommends approval of SUB13- 00001, the final plat of County Club Estates Fourth
Addition, a 15 -lot, 6.14 -acre residential subdivision located on Wildcat Lane provided legal papers
and construction drawings have been approved by staff.
ATTACHMENTS:
1. Location Map
2. Final plat
Approved by: i " UV `tIr/
Robert Miklo, Senior Planner,
Department of Planning and Community Development
PCD \Staff Reports \subl3 -00001 country club estates part 4.doc
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Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5243 (SU613-00002)
RESOLUTION NO.
RESOLUTION APPROVING FINAL PLAT OF LINDEMANN PART FOUR -A, IOWA CITY, IOWA.
WHEREAS, the owner, Southgate Development, filed with the City Clerk the final plat of Lindemann
Part Four -A, Iowa City, Iowa, Johnson County, Iowa; and
WHEREAS, said subdivision is located on the following - described real estate in Iowa City, Johnson
County, Iowa, to wit:
Commencing at the Northeast Corner of the Southwest Quarter of Section 7, Township 79 North,
Range 5 West, of the Fifth Principal Meridian; Thence S00 °05'18 "E, along the East Line of said
Southwest Quarter, 1089.93 feet, to the Northeast Corner of Lindemann Subdivision - Part Four,
Iowa City, Johnson County, Iowa, in accordance with the Plat thereof in Plat Book 47, at Page 78
of the Records of the Johnson County Recorders Office; Thence S89 054'42 "W, along the North
Line of said Lindemann Subdivision - Part Four, 1130.07 feet, to the Northeast corner of Outlot
"N" of said Lindemann Subdivision - Part Four and the Point of Beginning; Thence S00 °05'18 "E,
along the East line of said Outlot "N ", 61.51 feet; Thence S11 024'58 "E, along said East line,
404.07 feet, to the Southeast corner thereof, and a Point on the South Line of said Lindemann
Subdivision - Part Four; Thence N39 °09'46 "W, along said South Line, 361.21 feet; Thence
S76 051'46 "W, along said South Line, 166.75 feet; Thence S13 °08'14 "E, along said South Line,
17.29 feet; Thence S76 051'46 "W, along said South Line, 302.36 feet; Thence S89 006'58 "W,
along said South Line, 3.56 feet to the Southwest Corner of said Lindemann Subdivision - Part
Four; Thence N00 °21'18 "E, along the West Line of said Lindemann Subdivision - Part Four,
388.38 feet, to the Northwest Corner of said Lindemann Subdivision - Part Four; Thence
N85 050'04 "E, along the North Line of said Lindemann Subdivision - Part Four, 231.67 feet; Thence
N40 034'33 "E, along said North Line, 36.02 feet; Thence N83 023'08 "E, along said North Line,
172.26 feet; Thence S01 003'36 "W, along said North Line, 123.25 feet; Thence S08 °30'00 "E, along
said North Line, 28.73 feet; Thence N89 054'42 "E, along said North Line, 174.53 feet, to said Point
of Beginning. Said Tract of Land contains 4.84 Acres, and is subject to easements and restrictions
of record.
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the proposed final plat and subdivision, and recommended approval; and
WHEREAS, a dedication has been made to the public, and the subdivision has been made with the
free consent and in accordance with the desires of the owners and proprietors; and
WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa
(2011) and all other state and local requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The said final plat and subdivision located on the above - described real estate be and the
same are hereby approved.
2. The City accepts the dedication of the streets and easements as provided by law and
Resolution No.
Page 2
specifically ecificall sets aside portions of the dedicated land, namely streets, as not being open for
public access at the time of recording for public safety reasons.
3. The Mayor and City Clerk of the City of Iowa l all are gle authorized
rel t and ng dto sa d
upon approval by the City Attorney, to execute
subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after
at
passage and approval by law. The City ClerleCoudntye llowadat thentexpense the
oflathe
the office of the County Recorder of Johnson
owner /subdivider.
Passed and approved this __ _ day of , 2013.
ATTEST:
CITY CLERK
It was moved by
adopted, and upon roll call there were:
MAYOR
Approved by
City Attorney's Office q %s ((_3
and seconded by the Resolution be
AYES: NAYS: ABSENT:
Champion
_Dickens
bobyns
Hayek
_ Mims
Payne
Throgmorton
,,f4 RESOLUTION draft.doc.doc
7r
To: City Council
Item: SUB13 -00002 Lindemann Part 4A
GENERAL INFORMATION:
STAFF REPORT
Prepared by: Andrew Bassman, Planning Intern
Date: April 23
Applicant: Southgate Development
755 Mormon Trek Boulevard
Iowa City, Iowa 52244
337 -4195
gsiders @sgdev.net
Requested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
File Date:
60 -Day Limitation Period:
BACKGROUND INFORMATION:
Final plat approval
Development of an 8 -lot residential subdivision with
two outlots
Jeremy Court and Lindemann Drive
4.84 acres
Undeveloped (OPD -5)
North: residential (OPD -5)
South: residential (RS -5), Lindemman Park (P)
East: residential (OPD -8)
West: residential (RS -5)
April 3, 2013
June 2, 2013
The applicant, Southgate Development, has requested final plat approval for Lindemann Part 4A,
an 8 -lot, 4.84 -acre subdivision located along Jeremy Court. A preliminary plat for Lindemann
subdivision was approved in 2002. Parts 1-4 have since been final platted and most of the lots in
Parts 1 and 2 have been built upon. Part 4A is a re -plat of Part 4, which included the current
configuration of Part 4A plus an additional 32 lots and outlot north of Gustav Street.
ANALYSIS:
The final plat is in general conformance with the preliminary plat and current subdivision
regulations. Construction plans have been submitted and are being reviewed by the City
Engineer. The City Attorney's Office is reviewing the legal papers. It is anticipated that these plans
and documents will be approved by Staff prior to City Council consideration of the final plat.
2
STAFF RECOMMENDATION:
Staff recommends approval of SUB13- 00002, the final plat of Lindemann Part 4A, an 8 -lot, 4.84 -
acre subdivision with two outlots located along Jeremy Court.
ATTACHMENTS:
1. Location Map
2. Plat
Approved by:
Robert Miklo, Senior Planner,
Department of Planning and Community Development
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Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5243 (SUB13-00004)
RESOLUTION NO.
RESOLUTION APPROVING FINAL PLAT OF LINDEMANN SUBDIVISION PART FIVE, IOWA
CITY, IOWA.
WHEREAS, the owner, Southgate Development, filed with the City Clerk the final plat of Lindemann
Subdivision Part Five, Iowa City, Iowa, Johnson County, Iowa; and
WHEREAS, said subdivision is located on the following - described real estate in Iowa City, Johnson
County, Iowa, to wit:
A PORTION OF OUTLOT "G" OF LINDEMANN SUBDIVISION - TWO A, TO IOWA CITY,
JOHNSON COUNTY IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN
PLAT BOOK 47 AT PAGE 76 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S
OFFICE, AND OUTLOT "O" OF LINDEMANN SUBDIVISION - PART FOUR A, TO IOWA CITY,
JOHNSON COUNTY, IOWA, IN ACCORDANCE WITH THE RECORDED PLAT THEREOF,
LYING WITHIN THE NORTH ONE HALF OF THE SOUTHWEST QUARTER OF SECTION 7,
TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY,
JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS:
Commencing at the Northeast Corner of the Southwest Quarter of Section 7, Township 79 North,
Range 5 West, of the Fifth Principal Meridian; Thence S00 °05'18 "E, along the East Line of said
Southwest Quarter, 611.09 feet, to the Northeast Corner of Outlot "G" of Lindemann Subdivision -
Part Two A, to Iowa City, Johnson County, Iowa, in accordance with the Plat thereof Recorded in
Plat Book 47, at Page 76, of the Records of the Johnson County Record's Office; Thence
N87 041'27 "W, along the North Line of said Outlot "G ", 1321.16 feet, to the Point of Beginning;
Thence S02 °18'51 "E, 264.35 feet; Thence S15 052'39 "E, 50.00 feet; Thence S14 °16'56 "E, 218.91
feet, to a Point on the South Line of said Outlot "G ", and a point on the North Line of Lindemann
Subdivision - Part Four A, Iowa City, Johnson County, Iowa, in accordance with the Recorded Plat
thereof; Thence S89 °54'42 "W, along said South and North Lines, 64.87 feet; Thence
N08 030'00 "W, along said South and North Lines, 28.73 feet, to the Southeast Corner of Outlot "O"
of said Lindemann Subdivision - Part Four A; Thence S89 035'29 "W, along the South Line of said
Outlot "O ", 110.25 feet; Thence Northwesterly, 70.37 feet along said South Line on a 649.68 foot
radius curve, concave Southwesterly, whose 70.33 foot chord bears NO3 °30'41 "W; Thence
S83 023'08 "W, along said South Line, 50.00 feet; Thence Southeasterly, 25.63 feet along said
South Line on a 599.68 foot radius curve, concave Southwesterly, whose 25.63 foot chord bears
S05 023'24 "E; Thence S85 050'04 "W, along said South Line, 262.44 feet, to the Southwest Corner
of said Outlot "O "; Thence N00 °21'18 "E, along the West Line of said Outlot "O ", and the West Line
of said Outlot "G ", 181.74 feet; Thence N01 °00'12 "W, along said West Line of Outlot "G ", 280.14
feet; Thence N00 051'17 "W, along said West Line, 41.54 feet, to the Northwest Corner of said
Outlot "G'; Thence S87 041'27 "E, along the North Line of said Outlot "G ", 559.00 feet, to said Point
of Beginning. Said Tract of Land contains 4.93 Acres, and is subject to easements and restrictions
of record.
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the proposed final plat and subdivision, and recommended approval; and
WHEREAS, a dedication has been made to the public, and the subdivision has been made with the
Resolution No.
Page 2
free consent and in accordance with the desires of the owners and proprietors; and
WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa
(2011) and all other state and local requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The said final plat and subdivision located on the above - described real estate be and the
same are hereby approved.
2. The City accepts the dedication of the streets and easements as provided by law and
specifically sets aside portions of the dedicated land, namely streets, as not being open for
public access at the time of recording for public safety reasons.
3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed,
upon approval by the City Attorney, to execute all legal documents relating to said
subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after
passage and approval by law. The City Clerk shall record the legal documents and the plat at
the office of the County Recorder of Johnson County, Iowa at the expense of the
owner /subdivider.
Passed and approved this day of 12013.
MAYOR
ATTEST:
CITY CLERK
It was moved by
adopted, and upon roll call there were:
Approved by
City Attorney's Office
and seconded by
the Resolution be
AYES: NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
7-,5
To: City Council
Item: SUB13 -00004 Lindemann Part 5
GENERAL INFORMATION:
STAFF REPORT
Prepared by: Andrew Bassman, Planning Intern
Date: April 23
Applicant: Southgate Development
755 Mormon Trek Boulevard
Iowa City, Iowa 52244
337 -4195
gsiders @sgdev.net
Requested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning
File Date:
60 -Day Limitation Period:
BACKGROUND INFORMATION:
Final plat approval
Development of a 12 -lot residential subdivision with
three outlots
Lindemann Drive and Anna Street
4.93 acres
Undeveloped (OPD -5)
North: residential (OPD -5)
South: residential (RS -5)
East: residential (OPD -8)
West: residential (RS -5)
April 3, 2013
June 2, 2013
The applicant, Southgate Development, has requested final plat approval for Lindemann Part 5, a
12 -lot, 4.93 -acre residential subdivision with three outlots located along Lindemann Drive and
Anna Street. A preliminary plat for Lindemann subdivision was approved in 2002. Parts 1-4 have
since been final platted (a proposal to re -plat Part 4 into two parts is currently before the Council)
and most of the lots in Parts 1 and 2 have been built upon. The preliminary plat for Part 5 had
expired, but was re- approved in 2012 with a different design than the original.
ANALYSIS:
The final plat is in general conformance with the approved preliminary plat and current subdivision
regulations. Construction plans have been submitted and are being reviewed by the City
Engineer. The City Attorney's Office is reviewing the legal papers. It is anticipated that these plans
and documents will be approved by Staff prior to City Council consideration of the final plat.
STAFF RECOMMENDATION:
Staff recommends approval of SUB13- 00004, the final plat of Lindemann Part 5, a 12 -lot, 4.93 -
acre residential subdivision located on Lindemann Drive.
ATTACHMENTS:
1. Location Map
2. Plat
Approved by: 5'✓�'� ��
Robert Miklo, Senior Planner,
Department of Planning and Community Development
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I?_ I CITY OF IOWA CITY
hk
MEMORANDUM
DATE: April 10, 2013
TO: Tom Markus, City Manager
FROM: Claire Richmond, Community Development Intern
RE: April 23`d City Council meeting agenda item: sale of UniverCity Neighborhood Partnership
house
Introduction
On April 23`d, City Council will hold a public hearing and vote on a resolution authorizing the conveyance
of 426 Church St. as part of the UniverCity Neighborhood Partnership Program. This will be the third
UniverCity Neighborhood Partnership home sold in Phase 2 of the program. Twenty -six homes were sold
in Phase 1 and an additional home is currently under renovation in Phase 2.
History /Background
The City purchased four properties for Phase 2 of the UniverCity Neighborhood Partnership Program, all
located in designated neighborhoods surrounding the University of Iowa and downtown.
Under the UniverCity Neighborhood Partnership, the City proposes to sell 426 Church St. for $168,000
plus carrying costs of $5,472. "Carrying costs" are all the costs incurred by the City to acquire, maintain
and sell the home, including abstracting and recording fees, interest on the loan to purchase the home,
mowing and snow removal, utilities, real estate taxes, and any costs in excess of $40,000 for repair and
rehabilitation.
City funds of $26,975 were used to rehabilitate and sell this property as a single - family owner occupied
home to an income - eligible buyer. The cost of renovations is not included in the sale price and forgiven
once the homeowner has lived there for seven years. The home must also be owner- occupied for 20
years.
Built in 1924, this home has two bedrooms, two bathrooms and over 1,100 feet of finished living space.
The buyer will be receiving down payment assistance in the amount of $10,022.
Statement of Fiscal Impact
The assessed value of 426 Church St. at the time of purchase was $161,920 and the sale price is
approximately $173,472. There will be no impact on the General Fund for ongoing operating expenses.
Recommendation
The owner sought out the UniverCity program to ensure the home would stay owner - occupied. After
the renovation it has become an asset to the neighborhood and community. Staff recommends
approval of the resolution to authorize the conveyance of 426 Church St. as part of the UniverCity
Neighborhood Partnership program.
04-23TT'
8
April 10, 2013
Page 2
426 Church St. — before renovations
426 Church St. — after renovations
N
r�!)
Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52244:(319))56 -503- 4
RESOLUTION NO.
RESOLUTION AUTHORIZING CONVEYANCE OF A SIN�LE FAMILY HOME
LOCATED AT 426 CHURCH STREET.
WHEREAS, the Univ City Neighborhood Partnership Progra is a joint effort between the
University of Iowa and t4 City to encourage home ownership nd reinvestment in designated
neighborhoods surroundin the University of Iowa; and
WHEREAS, the City purchas4k rental units located in desig'hated neighborhoods surrounding
the University of Iowa, rehabilita s them, and then sells thep to income - eligible buyers; and
WHEREAS, the City purchased an rehabilitated a sing family home located at 426 Church
Street, Iowa City; and
WHEREAS, the City has received an offeNto purcha
of $168,000 (the amount the City paid to acquire
approximately $ , which are all costs in rred
and sell it, including abstracting and recording Thesi
mowing and snow removal, utilities, real estate t e
repair and rehabilitate the home; and
WHEREAS, this sale would provide affordab
University of Iowa; and
;g 426 Church Street for the principal sum
he home), plus the "carrying costs" of
>y the City to acquire the home, maintain it
nterest on the loan to purchase the home,
s, and any costs in excess of $40,000 to
in a designated area surrounding the
WHEREAS, on April 9, 2013, the City Cou cil adopted a esolution proposing to convey its
interest in 426 Church Street, authorizing p lic notice of the oposed conveyance, and setting
the date and time for the public hearing; a
WHEREAS, following the public hearin on the proposed conve nce, the City Council finds
that the conveyance is in the public inter st.
NOW, THEREFORE, BE IT RESOL D BY THE CITY COUNCIL THE CITY OF IOWA
CITY, IOWA, that:
1. Upon the direction of the C' y Attorney, the Mayor and the City CI k are authorized to
execute a warranty deed onveying the City's interest in 426 Ch ch Street, legally
described as part of Lot 8, lock 51, Iowa City, Iowa.
2. The City Attorney is here y authorized to deliver said warranty deed and to carry out any
actions necessary to co ummate the conveyance required by law.
Resolution No.
Page 2
It was moved by and seconded by
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Passed and approved this
Approved by
City Attorney's Office
the Resolution be
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
_ day of 12013.
MA
AITT:
�( CITY CLERK
P -.2
C,r,?
<:J a
U 171
Prepared by: Susan Dulek, Assistant City Attorney, 410 �,- Washington St., Iowa City, IA 52240 (319) 356 -5030
RESOLUTION NO. 13 -139
RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME
LOCATED AT 426 CHURCH STREET.
WHEREAS, the UniverCity Neighborhood Partnership Program is a joint effort between the
University of Iowa and the City to encourage home ownership and reinvestment in designated
neighborhoods surrounding the University of Iowa; and
WHEREAS, the City purchases rental units located in designated neighborhoods surrounding
the University of Iowa, rehabilitates them, and then sells them to income - eligible buyers; and
WHEREAS, the City purchased and rehabilitated a single family home located at 426 Church
Street, Iowa City; and
WHEREAS, the City has received an offer to purchase 426 Church Street for the principal sum
of $168,000 (the amount the City paid to acquire the home), plus the "carrying costs" of
approximately $5,500, which are all costs incurred by the City to acquire the home, maintain it
and sell it, including abstracting and recording fees, interest on the loan to purchase the home,
mowing and snow removal, utilities, real estate taxes, and any costs in excess of $40,000 to
repair and rehabilitate the home; and
WHEREAS, this sale would provide affordable housing in a designated area surrounding the
University of Iowa; and
'WHEREAS, on April 9, 2013, the City Council adopted a Resolution proposing to convey its
interest in 426 Church Street, authorizing public notice of the proposed conveyance, and setting
the date and time for the public hearing; and
WHEREAS, following the public hearing on the proposed conveyance, the City Council finds
that the conveyance is in the public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, that:
1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to
execute a warranty deed conveying the City's interest in 426 Church Street, legally
described as part of Lot 8, Block 51, Iowa City, Iowa.
2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any
actions necessary to consummate the conveyance required by law.
Resolution No. 13 -139
Page 2
It was moved by Mims and seconded by Payne the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Champion
x Dickens
x Dobyns
x Hayek
x Mims
x Payne
_ x Throgmorton
Passed and approved this 23rd _ day of " April , 2013.
Z JFWO .l `
No
�-
ATTEST: 2 ��
CITY'CLERK
Approved by
City Attorney's Office
M-�
April 23, 2013
The City Council of the City of Iowa City, State of Iowa, met in
regular session, in the Emma J. Harvat Hall, City Hall, 410 E. Washington,
Iowa City, Iowa, at 7:00 o'clock P M., on the above date. There were present
Mayor Hayek , in the chair, and the following named Council Members:
Champion, Dickens, Dobyns, Hayek, Mims, Payne,
Throgmorton
Absent: None
-1-
9
The Mayor announced that this was the time and place for the public hearing and
meeting on the matter of the issuance of not to exceed $6,500,000 General Obligation
Bonds, Series 2013A, in order to provide funds to pay costs of
a. The opening, widening, extending, grading, and draining of the right -of -way of
streets, highways, avenues, public grounds, and market places; the construction,
reconstruction, and repairing of street improvements; the acquisition, installation, and
repair of traffic control devices; and the acquisition of any real estate needed for the
foregoing purposes;
b. The acquisition, construction, improvement, and installation of street lighting
fixtures, connections, and facilities;
c. The construction, reconstruction, and repair of sidewalks and pedestrian
underpasses and overpasses, and the acquisition of real estate needed for such purposes;
d. The settlement, adjustment, renewing, or extension of any part or all of the
legal indebtedness of a city;
e. The acquisition, construction, reconstruction, and improvement of real and
personal property, useful for the protection or reclamation of property situated within the
corporate limits of cities from floods or high waters, and for the protection of property in
cities from the effects of flood waters, as well as the development and beautification of
the banks, streets, and other areas adjacent to flood control improvements; and
f. The rehabilitation and improvement of parks already owned, including
facilities, equipment, and improvements commonly found in city parks,
an essential corporate purpose, and that notice of the proposed action by the Council to
institute proceedings for the issuance of the bonds, had been published pursuant to the
provisions of Section 384.25 of the City Code of Iowa.
The Mayor then asked the Clerk whether any written objections had been filed by
any City resident or property owner to the issuance of the bonds. The Clerk advised the
Mayor and the Council that no written objections had been filed. The Mayor then
called for oral objections to the issuance of the bonds and none were made. Whereupon,
the Mayor declared the time for receiving oral and written objections to be closed.
(Attach here a summary of objections received or made, if any)
-2-
The Council then considered the proposed action and the extent of objections
thereto.
Whereupon, Council Member
Mims introduced and delivered
to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING
PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT
TO EXCEED $6,500,000 GENERAL OBLIGATION BONDS, SERIES 2013A ", and
moved:
x0 that the Resolution be adopted.
F] to ADJOURN and defer action on the Resolution and the proposal
to institute proceedings for the issuance of bonds to the meeting to
be held at o'clock M., on the day
of , 2013, at this place.
Council Member Dickens seconded the motion. The roll was
called and the vote was,
AYES: Mims, Payne, Throgmorton, Chempion, Dickens,
Dobyns, Hayek.
NAYS:
Whereupon, the Mayor declared the measure duly adopted.
Resolution No. 13 -140
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE
ADDITIONAL ACTION FOR THE ISSUANCE OF NOT
TO EXCEED $6,500,000 GENERAL OBLIGATION
BONDS, SERIES 2013A
WHEREAS, pursuant to notice published as required by law, this Council has held
a public meeting and hearing upon the proposal to institute proceedings for the issuance
of not to exceed $6,500,000 General Obligation Bonds, Series 2013A, for the essential
corporate purpose of paying costs of:
a. The opening, widening, extending, grading, and draining of the right -of -way of
streets, highways, avenues, public grounds, and market places; the construction,
-3-
reconstruction, and repairing of street improvements; the acquisition, installation, and
repair of traffic control devices; and the acquisition of any real estate needed for the
foregoing purposes;
b. The acquisition, construction, improvement, and installation of street lighting
fixtures, connections, and facilities;
c. The construction, reconstruction, and repair of sidewalks and pedestrian
underpasses and overpasses, and the acquisition of real estate needed for such purposes,
d. The settlement, adjustment, renewing, or extension of any part or all of the
legal indebtedness of a city;
e. The acquisition, construction, reconstruction, and improvement of real and
personal property, useful for the protection or reclamation of property situated within the
corporate limits of cities from floods or high waters, and for the protection of property in
cities from the effects of flood waters, as well as the development and beautification of
the banks, streets, and other areas adjacent to flood control improvements; and
f. The rehabilitation and improvement of parks already owned, including
facilities, equipment, and improvements commonly found in city parks,
and has considered the extent of objections received from residents or property owners as
to the proposed issuance of bonds; and, accordingly the following action is now
considered to be in the best interests of the City and residents thereof-
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, STATE OF IOWA:
Section 1. That this Council does hereby institute proceedings and take additional
action for the sale and issuance in the manner required by law of not to exceed
$6,500,000 General Obligation Bonds, Series 2013A, for the foregoing essential
corporate purpose.
Section 2. This Resolution shall serve as a declaration of official intent under
Treasury Regulation 1.150 -2 and shall be maintained on file as a public record of such
intent. It is reasonably expected that moneys may be advanced from time to time for
capital expenditures which are to be paid from the proceeds of the above Bonds. The
amounts so advanced shall be reimbursed from the proceeds of the Bonds not later than
eighteen months after the initial payment of the capital expenditures or eighteen months
after the property is placed in service. Such advancements shall not exceed the amount
authorized in this Resolution unless the same are for preliminary expenditures or unless
another declaration of intention is adopted.
PASSED AND APPROVED this 23rd day of April, 2013.
ATTEST:
City C er
00937923 -1 \10714 -114
Mayor
-5-
CERTIFICATE
STATE OF IOWA )
) SS
COUNTY OF JOHNSON )
I, the undersigned City Clerk of the City of Iowa City, State of Iowa, do hereby
certify that attached is a true and complete copy of the portion of the corporate records of
the City showing proceedings of the City Council, and the same is a true and complete
copy of the action taken by the Council with respect to the matter at the meeting held on
the date indicated in the attachment, which proceedings remain in full force and effect,
and have not been amended or rescinded in any way; that meeting and all action thereat
was duly and publicly held in accordance with a notice of meeting and tentative agenda, a
copy of which was timely served on each member of the Council and posted on a bulletin
board or other prominent place easily accessible to the public and clearly designated for
that purpose at the principal office of the Council (a copy of the face sheet of the agenda
being attached hereto) pursuant to the local rules of the Council and the provisions of
Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at
least twenty -four hours prior to the commencement of the meeting as required by law and
with members of the public present in attendance; I further certify that the individuals
named therein were on the date thereof duly and lawfully possessed of their respective
City offices as indicated therein, that no Council vacancy existed except as may be stated
in the proceedings, and that no controversy or litigation is pending, prayed or threatened
involving the incorporation, organization, existence or boundaries of the City or the right
of the individuals named therein as officers to their respective positions.
WITNESS my hand and the seal of the City hereto affixed this 25th day of
ii , 2013.
City C , City of Iowa City, State of Iowa
(SEAL)
00937929 - 1110714 -114
(This Notice to be posted)
NOTICE AND CALL OF PUBLIC MEETING
Governmental Body: The City Council of the City of Iowa City, State of Iowa.
Date of Meeting: April 23, 2013.
Time of Meeting: 7:00 o'clock P M.
Place of Meeting: Emma J. Harvat Hall, City Hall, 410 E. Washington,
Iowa City, Iowa.
PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental
body will meet at the date, time and place above set out. The tentative agenda for the
meeting is as follows:
Not To Exceed $6,500,000 General Obligation Bonds, Series 2013A.
Public hearing on the issuance.
Resolution instituting proceedings to take additional action.
Such additional matters as are set forth on the additional 19 page(s) attached hereto.
(number)
This notice is given at the direction of the Mayor pursuant to Chapter 21, Code of
Iowa, and the local rules of the governmental body.
Aw4;� A' - 7t�,ezz�
City Clerk, City of Iowa City, State of Iowa
&1101: 4L-11$ f 7013
3:oa PM
RE '*D'.
qt: /o AqL S
CITY OF IOWA CITY
MEMORANDUM
Date: April 8, 2013
To: Tom Markus, City Manager
From: Chris O'Brien, Director of Transportation Services
Re: April 23, 2013 City Council Agenda Item
Introduction:
—ar2s13
13
At the April 23, 2013 City Council meeting, consideration will be given to a resolution authorizing
the filing of an application with Iowa DOT for FY2014 state transit assistance and FTA funding.
History /background:
This is an annual application filed with Iowa DOT listing capital and operating expenses that we
wish to see funded by IDOT and FTA. The projects contained in the application have been
programmed by Iowa City Transit for Federal Transit Administration (FTA) Section 5307, 5309,
5310, 5316 and /or 5317 funds in FY2014. The projects will be included in the FY2014 Iowa
DOT Consolidated Transit Funding Application that MPOJC is completing and in the FY2014-
2017 MPOJC Transportation Improvement Program (TIP). Iowa City Transit may not seek
funding for all of the projects; however, each project needs to be listed in order to be eligible for
funding.
Discussion of Solution:
Following is a summary of the funds being applied for:
State Transit Assistance Program: approximately $435,245 — These are formula
funds awarded to the MPO and then distributed between Iowa City Transit, Coralville
Transit and the University of Iowa — Cambus.
Federal operating assistance for transit: $1,350,367 — These are funds awarded
from FTA to provide operational assistance to the transit agency.
From federal funds for transit in non - urbanized areas and /or for transit serving
primarily elderly persons and person with disabilities: $111,684 — These funds are
awarded to Iowa City and committed to para- transit services that are contracted through
a 28E Agreement with Johnson County SEATS
State -wide federal capital assistance for transit: $19,519,300 — These funds include
all of the capital projects that Iowa City Transit wishes to see funded. This sum includes
replacement and relocation of the transit facility and the replacement of several buses.
A local match of 15% - 20% is commonly required for the award of these funds.
Federal funds from the Job Access /Reverse Commute program: $151,663 — These
funds have been committed toward the operating costs of route additions and
expansions for the Manville Heights, North Dodge and Cross Park routes. These
projects commonly require a 50% local match which is currently accounted for in our
operational budget. This will be the final year of JARC funding.
Federal funds from the New Freedoms program: $42,864 — These funds are being
applied for to continue the Volunteer Transportation Program which began in FY2012.
April 11, 2013
Page 2
These funds are awarded with a local match of 20% being common. This local match
will be the responsibility of Elder Services, Inc.
Financial Impact:
The most substantial financial impact will result from the local match required of the capital
projects, especially considering the magnitude of the transit facility replacement and relocation
project. This project is estimated at $20 million with an estimated local match of $4 million. The
Transportation Services Department has a reserve account, currently just over $3 million, to pay
for the local match on the remaining capital projects.
Recommendation:
Staff recommends passing of the resolution in order to allow the consolidated application to be
filed with the Iowa Department of Transportation.
4� l3
Prepared by: Brad Neumann, Asst. Transp. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5235
RESOLUTION NO. 13 -144
RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE
IOWA DEPARTMENT OF TRANSPORTATION FOR FY2014 IOWA DOT STATE
TRANSIT ASSISTANCE AND FEDERAL TRANSIT ADMINISTRATION
FUNDING.
WHEREAS, the City of Iowa City, Iowa has undertaken to provide its residents with a public
transportation system; and
WHEREAS, the Iowa Department of Transportation offers financial assistance to local
governmental units for their public transportation systems.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
We, hereby, authorize the City Manager, on behalf of the City of Iowa City, to apply for financial
assistance as noted below and to enter into related contract(s) with the Iowa Department of
Transportation.
From the State Transit Assistance Program:
3.877731% (approximately $435,199) of Formula Funds
From federal operating assistance for transit:
$1,350,367;
From federal funds for transit in non - urbanized areas and /or for transit serving primarily
elderly persons and person with disabilities:
$113,742;
From state -wide federal capital assistance for transit:
$19,519,300;
From federal funds from the Job Access /Reverse Commute program:
$151,663;
From federal funds from the New Freedoms program:
$42,864.
We understand acceptance of federal transit assistance involves an agreement to comply with
certain labor protection provisions.
We certify that the City of Iowa City has sufficient non - federal funds to provide required local
match for capital projects and at time of delivery will have the funds to operate and maintain
vehicles and equipment purchased under this project.
Resolution No. 13 -144
Page 2
We request the State Transit Assistance formula funding be advanced monthly as allowed by law,
to improve transit system cash flow.
Passed and approved this 23rd day of April 12013
MAYOR
ATTEST:
CITY CLERK
It was moved by Payne and seconded by
adopted, and upon roll call there were:
AYES: NAYS:
x
X
x
x
x
x
x
jccogtp /res/sta- app- 1 2.doc
Approved by
City Attorney's Office
Aims the Resolution be
ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
I
-4 CITY OF IOWA CITY 1
MEMORANDUM
Thursday, April 18,
TO: City C
FROM: Doug Boothroy, � , Musi g and Inspection Services and Stev J
Rackis, Housing A inistrator
SUBJECT: Iowa City Housing uthority Fiscal Year 2013 Annual Plan
The Public Housing Reform Act requires submission of both a Five -Year and an Annual Plan.
The Five -year PHA (Public Housing Agency) Plan describes the agency's mission and the long-
term plan for achieving that mission over the subsequent five years.
The Iowa City Housing Authority's current 5 -Year Plan for Fiscal Years 2010 — 2015
was submitted to HUD in April 2010. The Housing Authority participated in the
consultation process organized and offered by the City of Iowa City Community
Development Office in the development of CITY STEPS, Iowa City's Consolidated Plan
for Housing, Jobs, and Services for Low - Income Residents 2011 - 2015.
• Copies of the 5 -Year Plan for Fiscal Years 2010 — 2015 are available in print in the ICHA
Iowa City Housing Authority office and the internet via the e- documents section of the
ICHA website: w-%N,,-w.ic�iov.org/icha
The Annual Plan provides details about the PHA's current programs and the resident population
served, as well as the PHA's strategy for addressing the housing needs of currently assisted
families and the larger community.
A copy of the Fiscal Year 2013 Annual Plan is attached and is also available in print in
the ICHA Iowa City Housing Authority office. Once adopted by City Council copies will
be available on the internet via the e- documents section of the ICHA website:
www.ics!ov.ore/icha
Annual Report — 201 3
usingLJTH O R 1 TY
410 E. WaAinglon Streel
Iowa Cifv • Iowa • 52240.1826
To improve quality of life, the Iowa City Housing Authority acts as a
community leader for affordable housing, family self - sufficiency, and
homeownership opportunities.
Date: April 23, 2013
Annual Report — 2013
Table of Contents Pages
Staff 3
Executive Summary 4 -5
Housing Choice Voucher (HCV) Program 6
Analysis of Public Housing 7
Family Characteristics 8
Family Characteristics and Working Families 9
Public Housing Waiting List 10
Housing Choice Voucher Waiting List I I
Promoting Family Self- Sufficiency (FSS) 12 -13
FSS Program Coordinating Committee 14
Promoting Homeownership 15
Comparison of funding for Calendar Years 2012 & 2013 16
Housing Authority Funding Source Summary 17 -18
Partnerships and Community Collaborations 19
Page 2
Annual Report — 2013
Staff
Housing Assistant Lucy Joseph
Housing Program Assistant Robin Butler
Housing Program Assistant Denise Kinnison
Housing Program Assistant Carri Fox- Rummelhart
Housing Program Assistant Joan Kramer
Housing Program Assistant Diana Huff
Office Manager Virginia Stroud
FSS Coordinator Mary Abboud
Public Housing/Homeownership Pat MacKay
Coordinator
Housing Choice Voucher Heidi Wolf
Program Coordinator
Housing Administrator Steven J. Rackis
Page 3
Annual Report — 2013
Executive Summary
There are 71 Housing Authorities in the State of Iowa. Twenty -two (22) oper-
ate both Public Housing and the Housing Choice Voucher (HCV) programs;
twenty -five (25) operate Public Housing only; twenty -three (23) operate the
HCV program only. The following is a comparison of the HCV program data
reported to U.S. Department of Housing and Urban Development (HUD) from
October I, 2011 — January 31, 2013, by all Housing Authorities in the State of
Iowa and the major Central Iowa/Eastern Iowa Housing Authorities (Cedar
Rapids & Dubuque do not have Public Housing). In short, this comparative data
demonstrates that the ICHA has:
• The highest % of worldng families with higher average annual incomes;
• The lowest % of families receiving cash welfare assistance;
• The highest % of single and disabled households;
• The highest % of households without minor children;
• Households paying a higher average monthly amount of the contract rent.
Total
Vouchers Total vouchers Utilized October I, 2011 —
Contracted January 31, 2103
Sate of Iowa
22827
20770
Des Moines
3389
3034
Iowa City
1250
1295
Cedar Rapids
1265
1192
Davenport
754
569
Waterloo
1056
982
Dubuque
1063
836
Average Annual Income
Average Monthly Total Tenant Payment
Sate of Iowa
$11,244
$260
Des Moines
$11,284
$265
Iowa City
$12,992
$305
Cedar Rapids
$10,259
$241
Davenport
$11,710
$273
Waterloo
$11,212
$263
Dubuque
$10,909
$251
Page 4
Annual Report - 2013
Source of Income as a %
of vouchers utilized.
Family Characteristics as a % of vouchers utilized.
Female
Headed
Elderly & Single Person Household
Elderly Disabled Disabled Households w /minors
State of Iowa
9.6%
35.4%
With any
51.0%
39.0%
Des Moines
7.9%
With any
SSI /SSI With any other
With No
41.0%
Wages
Welfare
Pension
Income
Income
State of Iowa
36%
33%
59%
24%
2%
Des Moines
36%
79%
56%
26%
1%
Iowa City
47%
9%
64%
21%
3%
Cedar Rapids
31%
78%
53%
24%
2%
Davenport
36%
40%
54%
24%
3%
Waterloo
32%
24%
57%
25%
2%
Dubuque
38%
80%
59%
18%
1%
Family Characteristics as a % of vouchers utilized.
Female
Headed
Elderly & Single Person Household
Elderly Disabled Disabled Households w /minors
State of Iowa
9.6%
35.4%
10.3%
51.0%
39.0%
Des Moines
7.9%
35.2%
7.2%
49.0%
41.0%
Iowa City
6.2%
45.6%
9.3%
55.0%
36.0%
Cedar Rapids
3.0%
39.0%
7.2%
420%
49.0%
Davenport
5.1%
29.3%
8.6%
34.0%
55.0%
Waterloo
1.6%
37.4%
9.4%
36.0%
57.0%
Dubuque
9.7%
35.2%
10.0%
50.0%
39.0%
Families with-
Families
Worldng Families
out minor with minors
State of Iowa
36%
57.5%
42.5%
Des Moines
36%
55.7%
44.3%
Iowa City
47%
59.3%
40.7%
Cedar Rapids
31%
47.3%
52.7%
Davenport
36%
425%
57.5%
Waterloo
32%
42.5%
57.5%
Dubuque
38%
57.3%
42.7%
Page 5
Annual Report — 2013
Housing Choice Voucher Program
The Housing Choice Voucher Program (HCV) is
funded by the U.S. Department of Housing and Ur-
ban Development HUD with the intent of increas- \ \'
Ing affordable housing choices for low- income fami-
lies, the elderly, & persons with disabilities. Families q _�
with a HCV voucher choose & lease safe, decent,
and affordable privately owned rental housing. Total
number of available HCV and Veterans' Affairs Sup-
portive Housing (VASH) vouchers = 1,250.
HCV Economic Impact: For Calendar Year 2012 (CY12), the Housing
Choice Voucher program paid approximately $6.3 million in Housing Assistance
Payments (HAP) to landlords/owners of rental properties in Johnson County.
The vouchers in use, as of 214/2013, in Iowa City (823) represents 4.8% of the
total number of rental units (17,000) in the City of Iowa City.
Following is the Johnson County breakdown by city. Overall voucher utilization
in Johnson County shows: Nearly sixty percent (59.6 %) were households
with-
out minor children; Forty percent (40.4 %) included
minor children.
% of Total Total % of Total
% of
'% of
Voucher Utilization
Johnson County Vouchers Voucher Households Tool
Total
by City As of
Total Incorporated By City Utilization
without Vouchers Households
Vouchers
2/4/2013`
Population Population
Minors By City with Minors
By City
Iowa City
68,974 62.0'/6 823 69.1%
513 623'% 310
31.7'%
Conlville
19,219 173'% 201 16.9'1
103 51.2'/6 98
48.9'/6
Nonh Liberty
13,608 12.2'6 117 9.9'/6
64 54.7'% 53
453'%
Solon
2,071 1.9'1 II 0.9'/6
9 81.M. 2
18.21
Lone Tree
1,322 1.8'/6 8 0.7%
4 SO-01/6 4
SOA' /.
Hills
715 .06'% 6 0.5%
3 33.3'% 4
66.7%
Oxford
822 03'/6 6 0.5'/.
5 833'% 1
16.1%
Tiffin
1,981 1.8'1 5 0.41/6
1 20.0'/o 4
80.0'/6
Wellman, Riverside,
galona
4,797 N/A 12 0.1%
8 66.6'% 4
33.3%
Arun, Williams-
burg
3,480 N/A 2 0.1%
1 50.0' /. 1
50.0%
Johnson County
Johnson County
Total Population
130,892 Incorporated 109,444
% of Johnson County Population Living in Incorporated areas
83.6%
Total Vouchers = 1,191
Page 6
Annual Report — 2013
Public Housing
Public housing was established to provide
affordable, decent and safe rental housing for
eligible low- income families, elderly persons,
and persons with disabilities. The U.S. Depart-
ment of Housing & Urban Development
(HUD) distributes federal subsidies to the
Iowa City Housing Authority (ICHA), which
owns and manages the housing.
The City of Iowa City owns eighty-one (81) low- density units, constructed to
conform and blend into the existing neighborhood architecture. The 81 Public
Housing units represent half of I% of the total number of rental units in the City
of Iowa City.
Public Housing Economic Impact for the City of Iowa City:
• Total CY 12 rental income from our Public Housing properties = $210,712.
• Payment in Lieu of Taxes (PILOT) paid to the Johnson County Assessor for
the Public Housing properties in CY 12 = $16,891.20.
• In CY12, the Housing Authority paid $434,924.08 to private sector Iowa
City contractors for the capital improvement, general maintenance and
repair of the Public Housing properties.
Total Occupied Units w/
Public Housing Total by Occupied Occupied Units minors (includes non-
Units Location 2/4 /2013 No Minors school aged minors)
Grant Wood
31
31
1
30
Friendship
22
21
3
18
Village Green
I I
11
8
3
Washington Hills
5
5
0
5
Miller Orchard
3
2
0
2
Northside
2
2
0
2
Longfellow
2
2
0
2
Lucas Farms
2
2
0
2
Wetherby Friends
& Neighbors
I
1
0
1
Creekside
I
1
0
1
Pepperwood
I
1
0
1
TOTAL
81
79
12
67
Page 7
Annual Report — 2013
Family Characteristics
ICHA Participant Characteristics. Definition of Participant (participant
family): A person or family that has been admitted to the Iowa City Housing
Authority's HCV, VASH or Public Housing program and is currently assisted in
the program.
Head of Household (HOH) Characteristics. Total Families =
1,295 as reported to HUD: October 1, 2011 — January 31, 2013
(multiple category reporting eliminated — like characteristics
will equal 100 %):
• White HOH
= 790 (61 %)
• Households Without Minor Children
= 732 (57 %)
• One Person Household
= 673 (52 %)
• Working Households
= 622 (48 %)
• Disabled HOH
= 569 (44 %)
• Households with Minors
= 563 (43 %)
• Non- Disabled/Non- Elderly HOH
= 534 (41%)
• Black/African American Head of Household
= 453 (35 %)
• Elderly & Disabled HOH
= 1 17 (9 %)
• Elderly HOH
= 75 (6 %)
• All Other Races HOH
= 39 (3 %)
Income Sources: Total Families = 1,295 as reported to HUD:
October 1, 2011 — January 31, 2013 (All Family Members: Many
Families Have Multiple Sources of Income):
• Social Security (SS) /Supplemental Security (SSI) = 62%
• Employment = 48%
• Family Investment Program (FIP/Welfare) = 10%
• With any Other Income = 21 %*
• No Income = 3%
• Child Support, Self - Employment, Unemployment Insurance, Other Non -Wage
Sources.
As of February 28, 2013, only 18 of the total 1,306 assisted households are re-
porting RIP as the sole source of household income. This equals 1.4% of all cur-
rently assisted households.
Page 8
Annual Report — 2013
Family Characteristics (continued)
Length of Participation as reported to HUD:
October I, 2011 — January 31, 2013:
• Less than I year = 268 (21%)
• 1 to 5 years = 436 (34 %)
• 5 to 10 years = 334 (26 %)
• 10 to 20 years = 209 (16 %)
• Over 20 years = 48 (4 %)
Residence prior to admission — Currently Assisted (Based on
the residence identified on the preliminary application or pri-
or residence for port-ins. Residency preference does not apply
to HUD/VASH participants):
• Johnson County = I, 122 (86 %)
• All Other State of Iowa Counties = 85(7%)
• State of Illinois = 69 (5 %)
• All Other States = 30(2%)
Iowa City Community School District (ICCSD) information
2012 -2013; Total Enrollment & Free /Reduced (F /R) Lunch:
• Total ICCSD Enrollment K -12
= 12,774
(2.6% increase over 2011 -2012)
• Total ICCSD Eligible for F/R (30.6% of total)
= 4,292
(18.6% increase over 2011 -2012)
• Total ICHA (All Programs) Minors K -12 *
= 885
(2.7% increase over 2011 -2012)
• Total ICHA (All Programs) K -12 Eligible FIR
= 861
(10.6% increase over 2011-2012)
• Total ICHA Minors K -12 (Public Housing only)
= 95
• Total ICHA Minor K -12 (Public Housing only) Eligible F/R
= 88
* Total may include children living in areas of North Liberty that are in the Clear
Creek Amana School District and other Johnson County participants who have
open - enrolled their children in the Clear Creek Amana School District. Total
also may include children who have received scholarships to attend Regina Ele-
mentary and High School.
Page 9
Annual Report — 2013
Public Housing Waiting List February 8, 2013
The Public Housing waiting list was closed on October 12, 2012. It will
reopen when all resident applications are exhausted.
Applicant (applicant family): A person or family that has applied for admis-
sion to the Iowa City Housing Authority's Public Housing program but is not yet
a participant. Eligibility for housing pronmms is not established until applicants reach
the too of the waiting list and their Preliminary Application for Assistance is processed
The Iowa City Housing Authority's jurisdiction is Johnson County, Iowa; Iowa
County, Iowa; and, Washington County, Iowa, North of Highway 92. The gen-
eral applicant pool from which the Housing Authority draws to determine pro-
gram eligibility are elderly, disabled, and families with children under the age of
18 who are residents (have a legal domicile) or are employed, in our jurisdiction.
When vacancies exist, the Housing Authority draws applicants from this pool by
date and time of application and only those applications of families who qualify
for the bedroom size of the available Public Housing units. The eligibility deter-
mination process includes verification of residency, family composition, eligibility
status, and a national criminal background check conducted through the Iowa
Department of Criminal Investigation and the Federal Bureau of Investigation.
Public Housing Waiting List
Number of % of Fami-
Families lies
Resident Applicant Characteristics 539 * 100%
Elderly
35
6%
Disabled
236
44%
Families w /minor Children
287
53%
White - Head of Household
254
47%
Black - Head of Household
223
41%
Multiple races or non reported —Head of Household
48
9%
All Other Races - Head of Household
14
3%
* An additional 2,728 applicants are on the list, but they are either non - residents,
or single non - elderly, non - disabled families.
Page 10
Annual Report — 2013
HCV Waiting List February 8, 2013
The waiting list was closed on October 12, 2012, because 100% of our
vouchers were in use and we were not processing applications to de-
termine eligibility. We will reopen the list when all resident applica-
tions are exhausted.
The HCV waiting list shares the majority of the characteristics described in the
Public Housing section. There is a great deal of duplication as the majority of
applicants apply to both lists. For HCV applications, bedroom size is not taken
into consideration. When vouchers are available, the Housing Authority draws
applications, by date & time of application, from the applicant pool that contains
elderly, disabled, and families with children under the age of 18 who are resi-
dents (have a legal domicile) or are employed, in our jurisdiction.
The eligibility determination process includes verification of residency, family
composition, eligibility status, and a national criminal background check conduct-
ed through the Iowa Department of Criminal Investigation and the Federal Bu-
reau of Investigation.
Housing Choice Voucher Waiting List
Number of % of Fami.
Families lies
Resident Applicant Characteristics 814 * 100%
Elderly
74
9%
Disabled
310
38%
Families w /minor Children
496
61%
White - Head of Household
395
49%
Black - Head of Household
329
40%
Multiple races or non reported
77
9%
All Other Races - Head of Household
13
2%
* An additional 4,952 applicants are on the list, but they are either non - residents,
or single non - elderly, non - disabled families.
Page I I
Annual Report — 2013
Promoting Self- Sufficiency
The lack of safe, decent, and affordable housing
undermines quality education, public health, and
economic growth. Affordable housing is a contrib-
uting factor to stabilizing families. Stable families are
better equipped to take advantage of educational
opportunities. With opportunities for and access to
advanced education and training, families increase
their employability. Sustainable employment offers
opportunities to attain self - sufficiency. Economic
self- sufficiency leads to a better society and
strengthens the "sense of community."
Through our Self- Sufficiency programs, the Housing Authority is helping low
income families bridge the economic gap by building assets, improving employ-
ment opportunities, and transitioning from renters of units to owners of homes.
The Family Self - Sufficiency (FSS) Program: Promotes self - sufficiency
and asset development by providing supportive services to participants to in-
crease their employability, to increase the number of employed participants, and
to encourage increased savings through an escrow savings program.
Current FSS Enrollment Data-
• Total FSS participants
=125
• Participants with an escrow savings account
= 94 (75 %)
• Average monthly escrow savings deposit
(participants with an escrow balance)
= $182
• Average escrow savings account balance
(participants with an escrow balance)
= $1,932
• Highest escrow savings account balance
= $16,451
Workshop Accreditations:
• "A Framework for Understanding Poverty — Bridges out of Poverty": Na-
tional Association of Social Workers Continuing Education (NASW CE)
Approved.
• "Money Smart": Federal Deposit and Insurance Corporation (FDIC).
FSS Workshops Conducted:
Monthly 2012: "Show Me The Money ". Collaborated with Shelter House
and Neighborhood Centers of Johnson County Job Readiness Program.
Page 12
Annual Report — 2013
Promoting Self- Sufficiency (Continued)
• "All About the Benjamin's" Seminar Series: Money and Credit. Collaborat-
ed with DHS, Family- to-family Partnership, and Johnson County Social
Services.
• August 2012 Money and Self - Sufficiency. Collaborated with Hawkeye Com-
munity Action Program.
Homebuyer Education Conducted in Partnership with the Io-
wa City Area Association of Realtors:
• The Homebuyer Education program was developed by the Iowa City Area
Association of Realtors and the Iowa City Housing Authority. It is available
via the internet. Those completing the course receive a Mortgage Readi-
ness Certificate. The course is required for families interested in participat-
ing in the Housing Authority's homeownership programs.
F55 Homeownership: Through our FSS program, many families have used
their escrow savings accounts and private mortgages to attain homeownership
independent of the Housing Authority programs. Fifty -nine (S9) FSS graduates
have moved to homeownership; forty-seven (47) independent of the Housing
Authority Homeownership programs and twelve (12) participated in Housing
Authority Homeownership programs.
Page 13
Annual Report — 2013
Program Coordinating Committee — 2012
Advisory Board for the Iowa City Housing Authority's Family Self - Sufficiency
Program (FSS).
• Jon Weih, Student Life Director, Kirkwood Community College.
• Karla Fay, Farmers & Merchants Savings Bank.
• Cindy Lynch, Midwest One
• Hanadi Elshazali, Neighborhood Centers of Johnson County.
• Jan Koch, 4Cs Home Ties.
• Ladiester LaMaster, Horace Mann Elementary Family Resource Center.
• Lynette Jacoby, Social Service Director, Johnson County.
• Laura Martinez, Neighborhood Centers of Johnson County.
• Shannon Miner, Iowa City Community School District..
• Bruce Teague, CEO, Caring Hands & More.
• Heidi Cuda, Mid - Eastern Iowa Council on Chemical Abuse (MECCA).
• Roger Goedken, Successful Living.
• Jessica Greving, Residential Mortgage Network, Inc.
• Ray Truitt, Iowa Workforce Development.
• Mary Ann Pedde, Domestic Violence Intervention Project (DVIP).
• Dana Lehman, Children of Promise Mentoring Program.
• LaTasha Massey, Community Projects Specialist, Johnson County.
• Anthony Moore, Public Housing Tenant
• Judith Bryant, HCV Program Participant
• Cathy Fitzmaurice -Hill, Horizons Consumer Credit Counseling Ser-
vices.
• Christine Thompson, Kirkwood Community College, Iowa City Learning
Center.
• Royceann Porter, Shelter House.
Page 14
Annual Report — 2013
Promoting Homeownership
HCV Homeownership Program: Eligible participants have the option of
purchasing a home with their HCV assistance rather than renting.
• Thirty-Five (35) HCV Vouchers were used to purchase homes since
January 2003; Twenty -two (22) HCV Vouchers are currently active.
Tenant -to- Ownership Program (TOP): The Tenant -to- Ownership
Program is funded by HUD. The TOP program offers opportunities for low to
very low- income families to purchase single - family homes owned by the Housing
Authority.
• Twenty -six (26) homes were sold and ten (10) resold since May 1998.
Affordable Dream Home Ownership Program (ADHOP): The
Affordable Dream Home Ownership Program is operated, managed and funded
solely by the ICHA. It offers opportunities for income eligible families to pur-
chase newly constructed or newer homes.
• Sixteen (16) homes (10 "Universal Design' homes) were built and sold
since May 1999.
Down Payment Assistance Program — Grant Award $187,500:
Funded with Fiscal Year 2009 HOME funds. First -Time homebuyers with a
household income of less than 80% of the Area Median Income (AMI) may be
eligible for a forgivable loan for down payment assistance. At the date of this
publication:
• 20 families purchased homes; Funds expended = $185,600
• Families with household income 60 -80% of AMI = I I
Families with household income <60% of AMI = 9
* Correction: 2012 Annual Report stated 40 Homeownership vouchers were
issued since January 2003.
Page 15
Annual Report — 2013
Comparison of Calendar Year (CY) 2012 & 2013 Funding
The United States Congress allocates funding and passes laws for all housing
programs. The U.S. Department of Housing and Urban Development's (HUD)
role in the locally administered housing programs is to allocate money to local
housing authorities and to develop policy, regulations, and other guidance that
interprets housing legislation. The Actual Funds Received for CY12 and
Estimated Funding for CY 13:
Housing Choice Voucher Pro¢ram CY 12
• Annual Contributions Contract = $6,094,674
• Self- Sufficiency /Homeownership Grant = $121,721
• Port-in Administrative Fees = $736
Public Housing CY 12
• Rental Income = $210,712
• Capital Funds Program (CFP) _ $106,529
Fraud Recovery CY 12 = $41,756
Total Housing Authority Funding CY 12 = $6,576,128
Housing Choice Voucher Renewal CYI3 (Estimate)
• Annual Contributions Contract = $5,728,657
• Self-Sufficiency/Homeownership Grant = $121,721
Public Housing CY 13
• Annual Capital Funds Program (CFP) _ $0
• Performance Funding System Operating Subsidy = $238,192
Total Housing Authority Funding CY 13 = $6.088.570
Page 16
Annual Report — 2013
Iowa City Housing Authority (ICHA) income and cash sources.
The uses of the cash sources are based on relevant HUD notic-
es and signed agreements between the Housing Authority and
HUD.
Public Housing Operations
Under Section 9(3) of the Housing Act of 1937, Operating Funds are available
to the ICHA for the operation and management of the Public Housing program.
These funds assist the ICHA in bridging the gap between the rent collected and the
operating expenses of the program. Operating cash is only available for the use
and benefit of public housing units and residents.
Housing Choice Voucher (HCV) Administrative Fees
Administrative fees are available to the ICHA for the operation and management
of the HCV program. Starting January 31, 2004, HUD and Congress, through the
approval of the Annual Appropriations Act, restricted the use of administrative fee
income to activities related to the HCV tenant -based rental assistance and related
development activities (PIH Notice 2008-15).
Housing Assistance Payments (HAP)
HUD provided funds to cover the housing subsidy paid to owners /landlords
directly by the ICHA on behalf of the participating family. The family pays the
difference between the actual rent charged by the landlord and the amount sub-
sidized by the program. Under certain circumstances, if authorized by the ICHA,
a family may use its voucher to purchase a modest home.
Housing Authority Capitol Fund Grants
HUD provides funds to the ICHA to improve the physical condition, upgrade
the management and operation, and carry out other activities for Public Housing
developments. Capital Funds are calculated and allocated by an established for-
mula.
Public Housing & HCV Family Self- Sufficiency (FSS)
The FSS program is a tenant self - sufficiency incentive program. ICHA establishes
cash accounts for tenants that will be available to the tenant with the accrued in-
come if the tenant completes the program. ICHA's contributions to these accounts
are funded by HUD through the Authority's regular funding process. FSS cash is
not available to ICHA for any other use.
Page 17
Annual Report — 2013
Affordable Dream Homeownership Program (ADHOP)
On September 3, 1993, the ICHA entered into a Section 5(h) Agreement with
HUD. The purpose of this program is to create affordable home ownership oppor-
tunities throughout Iowa City. This agreement authorizes the ICHA to sell Public
Housing units and use the sales proceeds to construct or purchase homes for reha-
bilitation to continue the cycle. To ensure affordability, the ICHA provides a se-
cond mortgage for the homeowners.
Broadway Sales Proceeds
ICHA received approval from HUD for the sale of 18 units at 1926 / 1946 Broad-
way Street Per the approved plan submitted to HUD, the sales proceeds were to
be used for the development of 18 low density scattered site replacement units that
would be more efficiently and effectively operated as lower income housing. There
is no other permissible use of these funds per the agreement
Public Housing Tenant Security Deposits
The ICHA holds security deposits until tenants vacant units. At that time, the ten-
ants receive a full or partial refund depending on such factors as remaining rental or
other charges outstanding and reimbursement of damage repairs. Tenant security
deposit cash is not available to ICHA for any other use.
HUDIVeterans' Affairs Supportive Housing
Tenant based rental assistance funds targeting homeless veterans participating in
VA Case Management Services.
Page 18
Annual Report — 2013
Partnerships and Community Collaborations
• University of Iowa School of Social Work
• Women's Resource and Action Center (WRAC).
• Montessori School.
• Goodwill of the Heartland.
• Farmers & Merchants Bank
• Habitat for Humanity.
• Iowa Women's Foundation.
• Iowa City Junior Service League.
• Shelter House STAR Program.
• Iowa State University (ISU) Extension.
• Liberty Bank
• Iowa City Area Association of Realtors.
• Hawkeye Area Community Action Program (HACAP).
• Midwest One Bank
• Foster Grandparents Program.
• The Housing Trust Fund of Johnson County (HTFJC).
• "Good Neighbors- Strong Neighborhoods'.
• Reclaiming Roots.
• City of Iowa City Parks & Recreation.
• City of Iowa City Neighborhood Services.
• Iowa City Public Library.
• Iowa City Human Rights Commission.
• Domestic Violence Intervention Project (DVIP).
• Johnson County Department of Public Health.
• Horizons Community Credit Counseling.
Current Homeownership Programs Lender List:
• Midwest One Bank
• Liberty Bank
• West Bank
• Farmers & Merchants Bank
• Cornerstone Mortgage
• Freedom Security
• U. S. Department of Agriculture
(USDA)
• American Bank & Trust
• Hills Bank
• Countrywide Home Loans
• UI Community Credit Union
• Habitat for Humanity
• Residential Mortgage Network
Page 19
Annual Report — 2013
A i.- 0
using
uTHOR1Tr
410 E. Washington Street
Iowa City • Iowa • 52240 • 1826
We provide:
• Information and education,
• Housing assistance,
• Public and private partnership opportunities.
Phone: (319) 356 -5400
FAX: (319) 356 -5459
Web: www.icgov.org /icha
Page 20
Prepared by: Steven J. Rackis, ICHA Administrator 410 E. Washington St., Iowa City, IA 52240; 319 -887-
6065
RESOLUTION NO. 13 -145
RESOLUTION TO ADOPT THE IOWA CITY HOUSING AUTHORITY'S
ANNUAL PLAN FOR FISCAL YEAR 2013
WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority and the
Department of Housing and Urban Development requires adoption of an updated Annual Plan; and,
WHEREAS, the Iowa City Housing Authority is required to update the Annual Plan under the Quality
Housing and Work Responsibility Act of 1998 ( "QHWRA "); and,
WHEREAS, the Annual Plan is submitted yearly; and,
WHEREAS, the Annual Plan is a comprehensive guide to the Iowa City Housing Authority's policies,
programs, operations and strategies for meeting local housing needs and goals; and
WHEREAS, the Annual Plan also serves as the annual application for grants to support improvements to
public housing buildings (Capital Fund Program).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The Iowa City Housing Authority's Annual Plan for Fiscal Year 2013 is approved.
2. The City Clerk is hereby authorized and directed to certify appropriate copies of this resolution
together with any necessary certification as may be required by the Department of Housing and
Urban Development.
Passed and approved this 23rd day of April , 2013.
lwq"A��
MAYOR
Approved by
ATTEST: RJXZDLI)�- 14--
CITY CEERK City Attorney's Office
Resolution No. 13 -145
Page 2
It was moved by Payne and seconded by Mims the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Champion
x Dickens
x Dobyns
x Hayek
x Mims
x Payne
x Throgmorton
r Li -z3 -►3
��,► r CITY OF IOWA CITY 7T
MEMORANDUM
DATE: April 18,
TO: Tom
FROM: Doug Boothroy;
Housing Admini
SUBJECT: Updates and an
Voucher (HCV)
(ACOP) Plan
INTRODUCTION:
Tousing d Inspection Services and St ven J. RAckis,
to the Io City Housing Authority's Hous' g Choice
ative Plan and Admissions and Continued Occupancy
The purpose of the HCV Administrative Plan is to:
Establish policies for issues not covered under Federal regulations for the Section 8 Voucher, and
Family Self-Sufficiency programs;
Govern administration of the Section 8 Voucher and Family Self - Sufficiency programs;
Ensure conformance with HUD regulations. The Authority will comply with any subsequent
changes in HUD regulations pertaining to program administration. If such changes conflict with
the provisions of this policy, HUD regulations will have precedence.
ACOP defines the Iowa City Housing Authority's
Program, incorporating Federal, State and local law.
or regulations, the laws and regulations will prevail.
HISTORY/BACKGROUND:
policies for the operation of the Public Housing
If there is any conflict between this policy and laws
City Council is the governing board of the Iowa City Housing Authority. "Significant amendments" and
"substantial deviations /modifications" to the HCV Administrative Plan and ACOP require the approval of
City Council.
When City Council established the Housing and Community Development Commission (HCDC), the
duties included "review policies and programs of the Public Housing Agency and Community
Development Division and make recommendations regarding the same to the City Council ". On March 7,
2013, HCDC reviewed and approved the following changes with one modification in the Tenant Selection
criteria - expand Burglary in the 2nd Degree or higher to Burglary 3`d Degree or higher (non- automotive
related). This change is included in the following recommendations.
RECOMMENDATION:
The Iowa City Housing Authority and HCDC are proposing changes to the Housing Choice Voucher
(HCV) Administrative Plan and Admissions and Continued Occupancy (ACOP) Plan.
1. Proposed changes to HCV Section 4.8 /ACOP Section 8.4 Family/Tenant Selection Criteria:
Under federal regulations found at 24 CFR 982.552 and 24 CFR 960.204, the Housing Authority must
deny certain applicants and it has the discretion to deny others based on certain actions or inactions by
family members. The Housing Authority proposes the following changes to our selection criteria that falls
into the may deny category (complete HCV and ACOP selection criteria are attached):
Modify:
Add clarification that our policies for denial of assistance includes all laws enacted at every
governmental level for the following criminal activity:
i Criminal Street Gang Activity as defined in Chapter 723A of the Iowa Code or any
federal, state, or city law that substantially corresponds to this section;
Theft in the 3`d degree or higher or fraudulent practice in the 3`d degree or higher as
defined in Chapter 714 of the Iowa Code or any federal, state, or city law that
substantially corresponds to this section;
➢ Forgery or fraudulent criminal acts as defined in Chapter 715A of the Iowa Code or
any federal, state, or city law that substantially corresponds to this section;
➢ Burglary in the 3 degree or higher (non- automotive related), as defined in Chapter
713 of the Iowa Code or any federal, state, or city law that substantially corresponds
to this section;
.� Disorderly conduct as defined in Section 8 -5 -1 of the City Code or section 723.4 of
the Iowa Code or any federal, state, or city law that substantially corresponds to this
section; If the activity constitutes violent criminal behavior.
2. Proposed change to HCV Section 9.2 A. (4) Annual income:
Housing and Urban Development (HUD) published NOTICE PIH 2013 -03 (HA) on January 22,
2013. This notice establishes guidelines intended to simplify the income determination and rent
calculation process, which, together, should reduce Housing Authority staff burden and lower
Housing Authority operating costs. If approved, the following changes will remain in effect until the
HUD established deadline of March 31, 2014, or if HUD extends the deadline or HUD makes the
changes permanent.
Add:
When conducting an annual review, in cases where the family income displays a consistent
fluctuation, up and down, the Housing Authority will use the actual income received and earned in
the last 12 months to determine the families' annual income. For the purpose of verification, the
Housing Authority will use the income reported in HUD's Enterprise Income Verification (EIV)
system.
3. Proposed changes to HCV Section 10.1 Acceptable Methods of Verification/ACOP 12.0
Verification:
Housing and Urban Development (HUD) published NOTICE PIH 2013 -03 (HA) on January 22,
2013. This notice establishes guidelines intended to simplify the income determination and rent
calculation process, which, together, should reduce Housing Authority staff burden and lower
Housing Authority operating costs. If approved, the following changes will remain in effect until the
HUD established deadline of March 31, 2014, or if HUD extends the deadline or HUD makes the
changes permanent.
Add:
The Housing Authority will accept a family's declaration of the amount of assets less than $5,000,
and for the amount of income expected to be received from those assets. The Tenant Information
Packet will serve as the declaration.
If the family has net family assets in excess of $5,000, the PHA will obtain supporting documentation
(SEE 10.2 Types of Verification) from the family to confirm the assets.
HOUSING CHOICE VOUCHER ADMINISTRATIVE PLAN
4.8 SECTION 8 TENANT SELECTION CRITERIA (24CFR 982.552 & 982.553)
In selecting families for admission to its Section 8 Housing Choice Voucher program, the Housing
Authority is responsible for screening family behavior and suitability for assistance. The Housing
Authority may consider all relevant information. The tenant selection criteria and information are
reasonably related to individual attributes and behavior of an applicant and not related to those which may
be imputed to a particular group or category of persons of which an applicant may be a member. This
policy takes into account the importance of screening for program integrity, and the demand for assisted
housing by families who will adhere to program responsibilities.
Under federal regulations found at 24 CFR 982.552, the Housing Authority must deny certain applicants
and it has the discretion to deny others based on certain actions or inactions by family members. Denial
of assistance for an applicant may include any or all of the following: denying listing on the Housing
Authority waiting list, denying or withdrawing a voucher, refusing to enter into a HAP contract or
approve a lease, and refusing to process or provide assistance under portability procedures.
MUST DENY -LIFE TIME BAN
Is subject to a "lifetime" registration requirement under a State sex offender registrations program.
MUST DENY -3 YEAR PERIOD OF INELIGIBILITY
The Housing Authority must deny assistance:
1) For a family evicted from housing assisted under the program for serious violation of the lease.
2) For three years from the date of eviction, if a household member has been evicted from
federally assisted housing for drug- related criminal activity. However, the Housing Authority
may admit the household if the Housing Authority determines:
a) That the evicted household member who engaged in drug- related criminal activity has
successfully completed a supervised drug rehabilitation program approved by the Housing
Authority; or
b) That the circumstances leading to eviction no longer exist (for example, the criminal household
member has died or is imprisoned).
3) If the Housing Authority determines that any household member is currently engaging in illegal
use of a drug.
4) If the Housing Authority determines that it has reasonable cause to believe that a household
member's illegal drug use or a pattern of illegal drug use may threaten the health, safety, or
right to peaceful enjoyment of the premises by other residents.
5) If any household member has ever been convicted of drug- related criminal activity for
manufacture or production of methamphetamine on the premises of federally assisted housing.
If a person is denied for any reason listed above, the person will be ineligible for assistance for three years
after the date of the denial notice.
MUST DENY - I YEAR PERIOD OF INELIGIBILITY
1) In accordance with 24 CFR 5.216, applicants and participants (including each member of the
household) must disclose his/her assigned Social Security Number. Failure to disclose will
result in denial of assistance.
2) If the family fails to sign and submit consent forms for obtaining information in accordance
with 24 CFR, part 5, subparts B and F.
MAY DENY -LIFE TIME BAN
The Housing Authority may deny assistance if any household member is subject to "any" registration
requirement under a State sex offender registration program.
MAY DENY — THREE (3) YEAR PERIOD OF INELIGIBILITY
A. Criminal Activity
If any household member is currently engaged in, or has engaged in within five years before admission
the following criminal activity, the Housing Authority may deny assistance based on a preponderance of
evidence, regardless of whether the household member has been arrested or convicted for such activity:
1. Drug- related criminal activity (defined at 24 CFR 5.100);
2. Violent criminal activity (defined at 24 CFR 5.100) [Note the exception for victims of
domestic violence provided for below in section E.];
3. Other criminal activity that threatens the health, safety or right to peaceful enjoyment of other
residents and persons residing in the immediate vicinity.
4. Other criminal activity which may threaten the health or safety of the owner, property
management staff, or persons performing a contract administration function or responsibility
on behalf of the Housing Authority (including a Housing Authority employee or a Housing
Authority contractor, subcontractor or agent);
5. Criminal Street Gang Activity as defined in Chapter 723A of the Iowa Code or any federal,
state, or city law that substantially corresponds to this section;
6. Theft in the 3rd degree or higher or fraudulent practice in the 3rd degree or higher as defined in
Chapter 714 of the Iowa Code or any federal, state, or city law that substantially corresponds
to this section;
7. Forgery or fraudulent criminal acts as defined in Chapter 715A of the Iowa Code or any
federal, state, or city law that substantially corresponds to this section;
8. Burglary in the 2nd degree or higher as defined in Chapter 713 of the Iowa Code or any
federal, state, or city law that substantially corresponds to this section;
9. Disorderly conduct as defined in Section 8 -5 -1 of the City Code or section 723.4 of the Iowa
Code or any federal, state, or city law that substantially corresponds to this section; If the
activity constitutes violent criminal behavior.
10. Fraud, bribery or any other corrupt or criminal act in connection with the programs.
If a person is denied for any reason listed above, the person will be ineligible for assistance for three years
from the date of the denial notice.
B. Miscellaneous Reasons (1 -year period of ineligibility)
The Housing Authority may deny assistance:
1. If a Housing Authority has ever terminated assistance under the program for any member of
the family.
2. Disorderly house as defined in Section 8 -5 -5 of the City Code or a law of any city, county, or
state that substantially corresponds to this section;
3. Disorderly conduct as defined in Section 8 -5 -1 of the City Code or section 723.4 of the Iowa
Code or a law of any city, county, or state that substantially corresponds to this section. If the
activity does not constitute violent criminal behavior.
4. If the family currently owes rent or other amounts to the a) ICHA; b) to any other Housing
Authority; c) to other Federally assisted housing under the 1937 Act (as amended); d)
Federally assisted housing as defined in 24 CFR 5.100; or, e) any other affordable housing
program receiving any Federal, State, or Local government assistance (e.g., CDBG, HOME,
Tax Credits, General Obligation bonds, other grants and/or loans that establish limits on the
rent a landlord may charge).
5. If the family has not reimbursed any Housing Authority for amounts paid to an owner under a
HAP contract for rent, damages to the unit, or other amounts owed by the family under the
lease.
6. If the family breaches an agreement with the Housing Authority to pay amounts owed to a
Housing Authority, or amounts paid to an owner by a Housing Authority. (The Housing
Authority, at its discretion, may offer a family the opportunity to enter an agreement to pay
amounts owed to a Housing Authority or amounts paid to an owner by a Housing Authority.
The Housing Authority may prescribe the terms of the agreement.)
7. If a family participating in the FSS program fails to comply, without good cause, with the
family's FSS contract of participation.
8. If the family has engaged in or threatened abusive or violent behavior toward Housing
Authority personnel.
9. If a family member has violated a public housing requirement including but not limited to
community service requirements.
10. If the Housing Authority determines that it has reasonable cause to believe that a household
member's abuse or pattern of abuse of alcohol may threaten the health, safety, or right to
peaceful enjoyment of the premises by other residents.
11. Use of an alias in the commission of a crime, in the application for government benefits or
assistance, or to mislead or defraud a creditor.
12. The family must supply any information requested by the Housing Authority or HUD in
accordance with HUD requirements.
13. Any information supplied by the family must be true and complete.
14. Other housing assistance. An assisted family, or members of the family, may not receive
Section 8 tenant -based assistance while receiving another housing subsidy, for the same unit
or for a different unit, under any duplicative (as determined by HUD or in accordance with
HUD requirements) federal, State or local housing assistance program.
If a person is denied for any reason listed above, the person will be ineligible for assistance for one year
after the date of the denial notice.
C. Additional Considerations
In determining whether to deny assistance because of action or failure to act by members of the family:
1. The Housing Authority may consider all relevant circumstances such as the seriousness of the
case, the extent of participation or culpability of individual family members, mitigating
circumstances related to the disability of a family member, and the effects of denial or
termination of assistance on other family members who were not involved in the action or
failure. Such consideration also includes the effect the denial will have on family members
not involved in the criminal activity and the extent to which the offending family member and
applicant have taken personal responsibility and have taken all reasonable steps to prevent or
mitigate the offending behavior.
2. The Housing Authority may impose, as a condition of continued assistance for other family
members, a requirement that other family members who participated in or were culpable for
the action or failure will not reside in the unit. The Housing Authority may permit the other
members of a participant family to continue receiving assistance.
3. In determining whether to deny admission for illegal use of drugs or alcohol abuse by a
household member who is no longer engaged in such behavior, the Housing Authority
consider whether such household member is participating in or has successfully completed a
supervised drug or alcohol rehabilitation program, or has otherwise been rehabilitated
successfully (42 U.S.C. 13661). For this purpose, the Housing Authority may require the
applicant or tenant to submit evidence of the household member's current participation in, or
successful completion of, a supervised drug or alcohol rehabilitation program or evidence of
otherwise having been rehabilitated successfully.
4. If the family includes a person with disabilities, the Housing Authority decision concerning
such action is subject to consideration of reasonable accommodation in accordance with part
8 of this title.
E. Exception for Victims of Domestic Violence
Although the Housing Authority may deny Section 8 assistance if a member of the tenant family has
engaged in violent criminal activity, there is an exception for victims of domestic violence. Domestic
violence includes threatened domestic violence, dating violence, and stalking as those terms are defined in
42 U.S.C. 1437£ The Housing Authority may deny the voucher assistance to the member of the
household who committed the domestic violence but not to the victim. The Housing Authority may,
however, deny the assistance to the victim for other reasons not premised on the act of domestic violence.
ADMISSIONS AND CONTINUED OCCUPANCY
8.3 GROUNDS FOR DENIAL
Must deny 1 -Year Period of Ineligibility
In accordance with 24 CFR 5.216, applicants and participants (including each member of
the household) must disclose his/her assigned Social Security Number. Failure to disclose
will result in denial of assistance
A. Life -Time Bans
The Housing Authority Must Prohibit Admission To Public Housing If Any Household
Member:
1. Is subject to a "lifetime" registration requirement under a State sex offender registration
program.
2. Has ever been convicted of drug- related criminal activity for manufacture or production
of methamphetamine on the premises of federally assisted housing.
The Housing Authority May Prohibit Admission To Public Housing If Any Household
Member:
1. Is subject to "any" registration requirement under a State sex offender registration
program.
B. Ability to Comply with Lease
Applicants must provide information demonstrating their ability to comply with the
essential elements of the lease. The Housing Authority may prohibit admission to Public
Housing for failure to provide this information.
1. A credit check of the head, spouse and co -head;
2. A rental history check of all adult family members;
3. A check of employment history of all adult family members;
4. A criminal background check on all household members, including live -in aides. This
check will be made through State or local law enforcement or court records in those
cases where the household member has lived in the local jurisdiction for the last five
(5) years.
5. All family members over the age of 18 must sign an affidavit certifying that that no
family members (including minors) have participated in any criminal behavior listed
in this section.
6. The Housing Authority may require a home visit to provide the opportunity for the
family to demonstrate their ability to maintain their home in a safe and sanitary
manner. This inspection considers cleanliness and care of rooms, appliances, and
appurtenances. The inspection may also consider any evidence of criminal activity.
C. Documentation Requirements
The Housing Authority must prohibit admission to Public Housing if:
1. The family fails to supply any information that the Housing Authority or HUD
determines is necessary in administration of the Public Housing program, including
submission of required evidence of citizenship or eligible immigration status (as
provided by 24 CFR part 5, subpart E). "Information includes any requested
certification, release or other documentation.
2. If the family fails to supply any information requested by the Housing Authority or
HUD for use in a regularly scheduled reexamination or an interim reexamination of
family income and composition in accordance with HUD requirements.
3. If the family fails to comply with the requirements of 24 CFR part 5, subpart B of
this title regarding family verification and disclosure of social security numbers and
family execution and submission of consent forms for obtaining wage and claim
information from State Wage Information Collection Agencies (SW1CAs).
4. If any information supplied by the family is not true and complete.
D. Eviction /Current Criminal Activity and Alcohol Abuse
The Housing Authority must prohibit to Public Housing to:
1. For an applicant for three (3) years from the date of the eviction if any household
member has been evicted from Federally assisted housing for drug- related criminal
activity. However, the Housing Authority may admit the household if the Housing
Authority determines:
I. The evicted household member who engaged in drug- related criminal activity
has successfully completed a supervised drug rehabilitation program approved
by the Housing Authority;
II. The circumstances leading to the eviction no longer exist (e.g., the criminal
household member has died or is imprisoned.
2. If the Housing Authority determines that any household member is currently
engaging in illegal use of a drug (For purposes of this section, a household member
is "currently engaged in" the criminal activity if the person has engaged in the
behavior recently enough to justify a reasonable belief that the behavior is current).
3. If the Housing Authority determines it has reasonable cause to believe that a
household member's illegal use or pattern of illegal use of a drug may threaten the
health, safety, or right to peaceful enjoyment of the premises by other residents.
4. If the Housing Authority determines it has reasonable cause to believe that a
household member's abuse or pattern of abuse of alcohol may threaten the health,
safety, or right to peaceful enjoyment of the premises by other residents.
E. Discretion to Deny for Criminal Activity (3 -year period of ineligibility).
If any household member is currently engaged in, or has engaged in within five years
before the admission the following criminal activity the HA may deny assistance, based on
a preponderance of evidence, regardless of whether the household member has been
arrested or convicted for such activity:
1. Drug- related criminal activity (defined at 24 CFR 5.100);
2. Violent criminal activity (defined at 24 CFR 5.100) [Note the exception for victims
of domestic violence provided for below in section H.];
3. Other criminal activity which may threaten the health, safety, or right to peaceful
enjoyment of the premises by other residents or persons residing in the immediate
vicinity;
4. Other criminal activity which may threaten the health or safety of the owner,
property management staff, or persons performing a contract administration function
or responsibility on behalf of the PHA (including a PHA employee or a PHA
contractor, subcontractor or agent);
5. Criminal Street Gang Activity as defined in Chapter 723A of the Iowa Code or any
federal, state, or city law substantially corresponds to this section;
6. Theft in the 3rd degree or higher or fraudulent practice in the 3rd degree or higher as
defined in Chapter 714 of the Iowa Code or any federal, state, or city law
substantially corresponds to this section;
7. Forgery or fraudulent criminal acts as defined in Chapter 715A of the Iowa Code or
any federal, state, or city law that substantially corresponds to this section;
8. Burglary in the 2nd Degree or higher as defined in Chapter713 of the Iowa Code or
any federal, state, or city law that substantially corresponds to this section;
9. Disorderly conduct as defined in Section 8 -5 -1 of the City Code or section 72' ).4 of
the Iowa Code or any federal, state, or city law that substantially corresponds to this
section. If the activity constitutes violent criminal activity;
10. Required to register under a State sex offender registration program.
With respect to criminal activity, the Housing Authority may require an applicant to exclude
a household member in order to be admitted to the housing program if that household
member has participated in or been culpable for actions described in 24 CFR 960.204 that
warrants denial
If a person is denied for any reason listed above, the person will be ineligible for assistance
for three years after the date of the denial notice.
F. Discretion to Deny for Other Miscellaneous Reasons (1 -year period of ineligibility).
The Housing Authority may prohibit admission:
1. If any member of the family has ever been terminated from assistance under a
Section 8 program or evicted from federally assisted housing.
2. If any member of the family has committed fraud, bribery, or any other corrupt or
criminal act in connection with any Federal housing program.
3. If the family currently owes rent or other amounts to the a) ICHA; b) to any other
Housing Authority; c) to other Federally assisted housing under the 1937 Act (as
amended); d) Federally assisted housing as defined in 24 CFR 5.100; or, e) any
other affordable housing program receiving any Federal, State, or Local
government assistance (e.g., CDBG, HOME, Tax Credits, General Obligation
bonds, other grants and/or loans that establish limits on the rent a landlord may
charge).
4. If the family has not reimbursed any PHA for amounts paid to an owner under a
HAP contract for rent, damages to the unit, or other amounts owed by the family
under a Section 8 assisted lease.
5. If the family has engaged in or threatened abusive or violent behavior toward
Housing Authority personnel.
6. If a Welfare -to -Work (WTW) family fails, willfully and persistently, to fulfill its
obligations under the WTW voucher program.
7. If the Housing Authority determines that is has reasonable cause to believe that a
household member's abuse or pattern of abuse of alcohol may threaten the health,
safety, or right to peaceful enjoyment of the premises by other residents.
8. Use of an alias in the commission of a crime, in the application for government
benefits or assistance, or to mislead or defraud a creditor.
9. Disorderly conduct as defined in Section 8 -5 -1 of the City Code or section 723.4 of
the Iowa Code or a law of any city, county, or state that substantially corresponds to
this section. If the activity does not constitute violent criminal activity.
10. Disorderly house as defined in Section 8 -5 -5 of the City Code or a law of any city,
county, or state that substantially corresponds to this section.
If a person is denied for any reason listed above, the person will be ineligible for assistance
for one year after the date of the denial notice.
G. Additional Considerations
The following applies to the Housing Authority's determination to approve or deny
admission due to the action or failure to act by members of the family.
I . In the event of the receipt of unfavorable information with respect to an applicant,
consideration shall be given to the time, nature, and extent of the applicant's
conduct (including the seriousness of the offense). In a manner consistent with the
Housing Authority's policies, procedures and practices, consideration may be given
to factors which might indicate a reasonable probability of favorable future
conduct, including but not limited to:
a) Evidence of rehabilitation; and
b) Evidence of the applicant family's participation in or willingness to
participate in social service or other appropriate counseling service
programs and the availability of such programs;
c) The effect the denial will have on family members not involved in the
criminal activity and the extent to which the offending family member and
applicant have taken personal responsibility and have taken all reasonable
steps to prevent or mitigate the offending behavior.
2. In determining whether to deny admission for illegal drug use or a pattern of illegal
drug use by a household member who is no longer engaging in such use, or for
abuse or a pattern of abuse of alcohol by a household member who is no longer
engaging in such abuse, the Housing Authority may consider whether such
household member is participating in or has successfully completed a supervised
drug or alcohol rehabilitation program, or has otherwise been rehabilitated
successfully (42 U.S.C. 13661). For this purpose, the Housing Authority may
require the applicant to submit evidence of the household member's current
participation in, or successful completion of, a supervised drug or alcohol
rehabilitation program or evidence of otherwise having been rehabilitated
successfully.
H. Exception for Victims of Domestic Violence
Although the HA may deny Public Housing assistance if a member of the tenant family has
engaged in violent criminal activity, there is an exception for victims of domestic violence.
Domestic violence includes threatened domestic violence, dating violence, and stalking as those
terms are defined in 42 U.S.C. 1437d. The Housing Authority may deny Public Housing
assistance to the member of the household who committed the domestic violence but not to the
victim. The Housing Authority may, however, deny the assistance to the victim for other reasons
not premised on the act of domestic violence.
All
Prepared by: Steven J. Rackis, ICHA Administrator 410 E. Washington St., Iowa City, IA 52240; 319 -887-
6065
RESOLUTION NO. 13 -146
RESOLUTION ADOPTING THE IOWA CITY HOUSING AUTHORITY HOUSING
CHOICE VOUCHER (HCV) ADMINISTRATIVE PLAN.
WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority
and the Department of Housing and Urban Development requires the adoption of a Housing
Choice Voucher (HCV) Administrative Plan; and
WHEREAS, the proposed changes to tenant selection criteria, definition of income and assets,
and verification of income and assets constitute a significant amendment to the HCV
Administrative Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The HCV Administrative Plan, with updates and amendments, be adopted as the policy of
the Iowa City Housing Authority.
2. The City Clerk is hereby authorized and directed to certify appropriate copies of this
resolution together with any necessary certifications as may be required by the
Department of Housing and Urban Development.
Passed and approved this 23rd day of April '2013.
ATTEST:
City Clerk
/k4q-A�
Mayor
Approved by
C2J
City Attorney's Office
It was moved by Payne and seconded by Mims the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Champion
x Dickens
x Dobyns
x Hayek'
x Mims
x Payne
x Throgmorton
Prepared by: Steven J. Rackis, ICHA Administrator 410 E. Washington St., Iowa City, IA 52240; 319 -887-
6065
RESOLUTION NO. 13 -147
RESOLUTION ADOPTING THE IOWA CITY HOUSING AUTHORITY
PUBLIC HOUSING ADMISSIONS AND CONTINUED OCCUPANCY
POLICY (ACOP).
WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing
Authority and the Department of Housing and Urban Development requires the adoption of a
Public Housing Admissions and Continued Occupancy Policy (ACOP); and
WHEREAS, the proposed changes to tenant selection criteria, definition of income and assets, and
verification of income and assets constitute a significant amendment to the ACOP.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The ACOP, with updates and amendments, be adopted as the policy of the Iowa City
Housing Authority.
2. The City Clerk is hereby authorized and directed to certify appropriate copies of this
resolution together with any necessary certifications as may be required by the Department
of Housing and Urban Development.
Passed and approved this 23rd day of April _)2013.
ATTEST: 2�z 2, �� * . ea4—�
City Clerk
WA
Approved by
City Attorney's Office
It was moved by Payne and seconded by Mims the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
_ Dickens
x Dobyns
x Hayek
x Mims
x Payne
�_ Throgmorton
17
Prepared by: Susan Dulek, Ass't. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE
REGULATIONS," CHAPTER 2, ENTITLED "TAXICABS," TO CLARIFY THAT
TAXICABS MUST USE A TAXIMETER TO MEASURE DISTANCE.
WHEREAS, in Ordinance No. 11 -4458, the City Code was amended to provide that that a taxicab
must have a calibrated taximeter in order to pass inspection;
WHEREAS, the City Code was also amended to provide that rates must be based on time and /or
distance;
WHEREAS, although the intent was that the taximeter must be used to measure distance (except for
"destination rates ") as well as time, the Code provision is not clear that distance must be measured using
a taximeter; and
WHEREAS, it is in the public interest to adopt an amendment to clarify that taximeters must be used
to measure distance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
1. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 7,
entitled "Rates; Hours; Complaints," Subsection A, Paragraph 3 is amended by deleting the third sentence
and substituting the following sentence in lieu thereof:
Except for destination rates, all rates based on time and /or distance must utilize a taximeter.
2. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 7,
entitled "Rates; Hours; Complaints," Subsection A, Paragraph 4 is amended by adding the following new
sentence:
No owner or driver of a taxicab shall operate a taxicab without utilizing a taximeter that has been
calibrated and inspected.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of 12013.
MAYOR
ATTEST:
CITY CLERK
Approved by
City Attorney's Office
Ordinance No.
Page
It was moved by and seconded by that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
First Consideration 4/23/2013
Voteforpassage: AYES: Payne, Throgmorton, Champion, Dickens, Dobyns, Hayek,
Mims. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published