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2010-03-02 Resolution
~~/'~ ~ - `. 4e 1 Prepared by: Kumi Morris, Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)356-5044 RESOLUTION NO. 10-48 RESOLUTION SETTING A PUBLIC HEARING ON THE 23RD OF MARCH ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY MERCER PARK AQUATIC CENTER POOL FILTER REPLACEMENT PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. 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 23rd day of March, 2010, 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. Passed and approved this 2nd day of March , 20 to MAYOR Approved by ATTEST: ~~~~ ~ ~~ ~~ CIT LERK City Attorney's Office a~aa/1G, pwengtre s\setph-mercerti Itrati on. doc Resolution No. 10-48 Page 2 It was moved by Champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x -~ x x X X ~- Bailey Champion Dickens Hayek Mims Wilburn Wright wpdata/glossary/resolution-ic.doc 03-02-10 M'J`~ 4e 2 Prepared by: Jason Havel, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356-5410 RESOLUTION NO. 10-49 RESOLUTION SETTING A PUBLIC HEARING ON MARCH 23, 2010 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2010 SANITARY SEWER REHABILITATION PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. 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 23rd day of March, 2010, 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. Passed and approved this 2nd day of March , 20_Q_.. MAYOR Approved by ~~ ~~ ATTEST: ~y~,~J ~ J_ CIT LERK City Attorney's Office~~~~'~o Pweng/res12010sanswer rehab-setph.doc 2110 Resolution No. 10-49 Page 2 It was moved by champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: ~_ ~_ ~_ x ~_ ~- ~_ NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright wpdata/glossary/resolution-ic.doc M ~-~ - 4e 3 Prepared by: Jason Havel, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356-5410 RESOLUTION NO. 10-50 RESOLUTION SETTING A PUBLIC HEARING ON MARCH 23, 2010 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2010 PAVEMENT REPLACEMENT FOR WATER MAIN PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. 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 23'~ day of March, 2010, 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. Passed and approved this 2nd day of March , 20 10 ~ ~.`~n MAYOR Approved by ATTEST: _. ~~ ~ ~"`'~`~ CI LERK ~ City Attorney's Office ~~~jp Pweng/res/2010pavereplace-setph. doc 2/10 Resolution No. 10-50 Page 2 It was moved by champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: x x x x ~- x x NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright wpdata/glossary/resolution-ic.doc M~~ 4e 4 Prepared by: Jason Havel, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356-5410 RESOLUTION NO. 10-51 RESOLUTION SETTING A PUBLIC HEARING ON MARCH 23, 2010 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2010 WATER MAIN DIRECTIONAL BORING PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. 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 23rd day of March, 2010, 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. Passed and approved this 2nd day of March , 20 10 MA OR ATTEST:.~~„G,r.~iuJ 9~• 7t4•t~ CITY-CLERK Approved by City Attorney's Office ~~a 2rlr~ Pweng/res/201lhvtrmain boring-setph.doc 2/10 Resolution No. 10-51 _ Page 2 It was moved by Champion and seconded by Mims _ the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x x X X _X__- x Bailey Champion Dickens Hayek Mims Wilburn Wright wpdata/glossarylresolution-ic.doc Mil 4f 1 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 10-52 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1029 7T" AVENUE, IOWA CITY, IOWA. WHEREAS, on November 24, 2003, the owner executed a mortgage with the City of Iowa City to secure a loan; and WHEREAS, the loan has been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release the lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located 1029 7`h Avenue, Iowa City, Iowa from a Mortgage recorded April 2, 2004, Book 3714, Page 140 through Page 144 of the Johnson County Recorder's Office. Passed and approved this 2nd day of March , 201 /1 ~-S~ ,. MAYOR ` roved ~? ` o! 3 ` ~C*) ATTEST: CITY ERK City Attorney's Office It was moved by Champion and seconded by Mims the Resolution be adopted, and upon roU call there were: AYES: NAYS: ABSENT: x Bailey ~_ Champion g Dickens x ~ Hayek ~_ Mims x Wilburn x Wright Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (3191356-5246 Legal Description of Property: see below Mortgagor(s): Ann M. Martin Mortgagee: City of Iowa City RELEASE OF L/EN The City of Iowa City does hereby release the property at 1029 7~h Avenue, Iowa City, Iowa, and legally described as follows: Lot 12 in Block 14, in Rundell, Johnson County, Iowa, according to they recorded plat thereof. from an obligation of the owner, Ann M. Martin, to the City of Iowa City represented by a Mortgage recorded April 7 , 2004, Book 3714, Page 140 through Page 144, of the Johnson County Recorder's Office. This obligation has been recaptured and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ATTEST:_ ~.r.~~ - ~ CITY LERK STATE OF IOWA ) MAYOR Approve~~d by~~~~- J a .~ 3 -rte City Attorney's Office SS: JOHNSON COUNTY 1 na On this Z "'~ day of MAf~C (~. , A.D. 20 /O ,before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of thg corporation by authority of its City Council, as contained in Resolution No. 1051, adopted by the City Council on the ~_ day ~TCl,J~ , 20 /'C7 and that the said Matthew J. Hayek and Marian K. Karr 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. go~PRiA~s SOF~'iiAEFCRT >clrtCL^1t.C. ~~ _ v Ccmrrission Number 159791 Notary Public in and for Johnson County, Iowa Nly Comr fission Expires ,, tow ~,O/~ `'~'~ of i Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION N0. 10-53 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 228 S. SUMMIT STREET #D4, IOWA CITY, IOWA. WHEREAS, on December 31, 1998, the owner executed a mortgage with the City of Iowa City to secure a loan; and WHEREAS, the loan has been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release the lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located 228 S. Summit Street #D4, Iowa City, Iowa from a Mortgage recorded March 16, 1999, Book 2694, Page 53 through Page 56 of the Johnson County Recorder's Office. Passed and approved this 2nd day of March ATTEST:~~,~- ~~t rs~ CITY CLERK ~~ ~~ _ MAYOR 20 to Approved by City Attorney's Office It was moved by Champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion _~ Dickens x Hayek x Mims x Wilburn x Wright Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 Legal Description of Property: see below Mortgagor{s): Shelley McCafferty Mortgagee: City of Iowa City RELEASE OF L/EN The City of Iowa City does hereby release the property at 228 S. Summit Street#D4, Iowa City, Iowa, and legally described as follows: Apartment D-4 of the Summit Apartments, same being located on the North 87 feet of Lot 26 of J. & J.W. Cark's Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 16, Page 494, deed records of Johnson County, Iowa, together with an easement over the present cement driveway located on the East Side of the South 80 Feet of said Lot 26. from an obligation of the owner, Shelley McCafferty, to the City of Iowa City represented by a Mortgage recorded March 16, 1999, Book 2694, Page 53 through Page 56, of the Johnson County Recorder's Office. This obligation has been recaptured and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ~ ~~dl.~ MAYOR Appro by ~.~3, ~ ATTEST: - ~~ IC T ERK City Attorney's Office STATE OF IOWA 1 SS: JOHNSON COUNTY ) On this ~_ day of , r IAILCI-~' , A.D. 20 J O ,before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No.IO _5,,~ ,adopted by the City Council on the 2.'-~_-~I day MAC , 20~ and that the said Matthew J. Hayek and Marian K. Karr 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. o~""'q`s ";NDlza` FORT r z ~ Comr?~ssi::n Number 159791 S'ov~L~tRl h~ My Commission Expires Notary Public in and for Johnson County, Iowa iow 7 .~oJa _. M ~g Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION N0. 10-54 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 59 REGAL LANE, IOWA CITY, IOWA. 03-02-10 4f 3 WHEREAS, the City of Iowa City is the owner and holder of a Mortgage executed by the owner of the property on July 13, 2006, and recorded on July 21, 2006, in Book 4058, Page486 through Page 491, and a Promissory Note dated October 31, 2006, recorded on November 17, 2006, in Book 4103, Page 102 in the Johnson County Recorder's Office covering the following described real estate: Lot 85, Lakeside Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 9, Page 99, Plat records of Johnson County, Iowa. Subject to easements and restrictions of record thereof. WHEREAS, University of Iowa Community Credit Union is refinancing a loan and is securing the loan with a mortgage on the real estate described above; and WHEREAS, it is necessary that the Mortgage held by the City be subordinated to the loan of University of Iowa Community Credit Union, secured by the proposed mortgage in order to induce University of Iowa Community Credit Union to make such a loan; and WHEREAS, University of Iowa Community Credit Union, has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with University of Iowa Community Credit Union; and WHEREAS, there is sufficient value in the above-described real estate to secure the City as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and University of Iowa Community Credit Union, Iowa City, Iowa. Passed and approved this 2nd day of March 20 10 ~ ~`'ZSt MAYOR Approved by ATTEST:_1~~~~h:_~~ CIT LERK City Attorney's Office It was moved by Champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Dickens x Hayek x Mims x Wilburn x Wright SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and University of Iowa Community Credit Union of Iowa City, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of certain Mortgage and a Promissory Note which at this time is in the amount of $2,754, and where executed by Joann B. Bender POA for Sarah Jean Bender (herein the Owner), dated July 13, 2006, recorded July 21, 2006, in Book 4058, Page 486 through Page 491; and dated October 31, 2006, recorded November 17, 2006, in Book 4103, Page 102, Johnson County Recorder's Office, covering the following described real property: Lot 85, Lakeside Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 9, Page 99, Plat Records of Johnson County, Iowa. Subject to easements and restrictions of record thereof. WHEREAS, the Financial Institution proposes to loan the sum of $83,000 on a promissory note to be executed by the Financial Institution and the Owner, 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 Mortgaqe and Promissory Note held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Mortgage and Promissory Note held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Mortgage and Promissory Note of the City. 02!1112010 11:57 3193565217 IOWA CITY PLANNING PAGE 03i0~ 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. ~~ ~{~rZck , 20 a . Dated this Z day of CITY OF IOWA CITY By Mayor FINANCIAL INSTITUTION sy Attest: ~~~.. 9C~ ~~~ irk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) SS: JOHNSON COUNTY } On this 2 ~ day of MAR c _, 20~, before me, the undersigned, a Notary public in and for the State of Iowa, personally appeared _~A .N~~ y~~- ,,,_ 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 (Ordinance) (Resolution) No. ~ -- passed (the Resolut~n adopted) by the City Council, under Roil Call No. -~~ of the City Council on the 2 = day of ~ ,(/~.Uta41 -, 20~, and that „~~,,~~_ ~. and Marian K. Karr acknowledged the execution of the instrument to be their volunt act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. S ~.., ~rr6 -- Notary Puhlic in and for the State pf Iowa zo ~ Commission iVumber 159791 My Commission Expires sown 7 ~oidt 02!1112010 11:55 3193565217 IOWA CITY PLANNING PAGE 04/04 STATE OF= IOUVA ) } ss: JOHNSON COUNTY ) _~~~ L•~.~c~~ 1: 1 ~ 20 1 ~~ by This instrument was acknowledged before me on ,`~ type df r ' ~, (name(s} of person(s)) as .~ , `- ~ - `- r ~~~ ~~~~ ~l-~-~- ~, (name of authority, e_g, officer, trustee, etc.) of party of behalf of whom instruments was executed} . ---f f ,~PRU1(s LAUR16 E COOPER z ~ commission Number 75x551 ota Public in and for the St to of lows ' My Coln 'Sion xpir ~s C i ~ ~' - My Commission expires: ^%{ \~ , ~ ,~ 4f 4 Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139 RESOLUTION NO. 10-55 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER WILLIAM & JOAN GILPIN REV. TRUST, AND TENANT 2- TONE, INC. D/B/A BLUE BIRD DINER, FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, William 8~ Joan Gilpin Rev. Trust, as landlord, and 2-Tone, Inc., d/b/a Blue Bird Diner, as tenant, applied for a renewal of a temporary use of the public right-of-way agreement at 330 Market St., Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10-3-3; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: The Mayor and City Clerk are hereby authorized and directed to respectively sign the 2010 renewal of License Agreement for Temporary Use of Public Right-of-Way, copy of which is on file with the Public Works Department. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this 2nd day of March 2010. 34 J/ MAYOR ~~ ATTEST: 7'f . CI CLERK Approved by: City Attorney's Office Resolution No. Page 2 10-55 It was moved by Champion and seconded by adopted, and upon roll call there were: Mims the Resolution be AYES: NAYS: ABSENT: x Bailey x Champion x Dickens x Hayek x Mims x Wilburn x Wright wpdata/g lossarylresolution-ic. doc M~"d 4f 5 Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139 RESOLUTION NO. 10-56 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER AMBROSE PROPERTIES, LC, AND TENANT CAFFREY, INC. D/B/A DC'S, FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Ambrose Properties, LC, as landlord, and Caffrey, Inc., d/b/a DC's, as tenant, applied for a renewal of a temporary use of the public right-of-way agreement at 124 S. Dubuque St., Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10-3-3; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. The Mayor and City Clerk are hereby authorized and directed to respectively sign the 2010 renewal of License Agreement for Temporary Use of Public Right-of-Way, copy of which is on file with the Public Works Department. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this 2nd day of March , 2010. n ~. ~, MAYOR ATTEST: . ~~~ CI CLERK Approved by: _: ,~ ,; ~, ~ i~ City Attorney's Office Resolution No. 10-56 Page 2 It was moved by Champion and seconded by ims -the Resolution be adopted, and upon roll call there were: AYES: x ~_ ~.- ~- x ~_ x NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright wpdata/glossary/resolution-ic.doc Nhl-~ ~ C Prepared by: Kim Sandberg, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 10-57 RESOLUTION ACCEPTING THE WORK FOR THE 404 HAZARD MITIGATION PROPERTY ACQUISITION ASBESTOS ABATEMENT PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the 404 Hazard Mitigation Property Acquisition Asbestos Abatement Project, as included in a contract between the City of Iowa City and Affordable Hazards Removal, Inc. of Monticello, Iowa, dated August 19, 2009, be accepted; and WHEREAS, the performance and payment bond have been filed in the City Engineer's office; and WHEREAS, the final contract price is $57,024.00. 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 2nd day of March , 20 10 ATTEST: .~ CIT LERK MAY R Approved by ~ _ ~ a -a~ -~ U City Attorney's Office It was moved by Chamyion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: x x x x x x NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright Pweng/res/404 hazmit-acptwork.doc 2/10 r ~~'_,--,.®~ CITY O F IOWA CITY 4f(6) ®~~~ E M O RA N D U M M Date: February 19, 2010 To: Dale Helling From: Kim Sandberg Re: Agenda Items The following are costs associated with the Capital Improvement Project being presented for acceptance at the March 2"d Council meeting: 1) 404 Hazard Mitigation Property Acquisition Asbestos Abatement Contractor: Affordable Hazards Removal, Inc. • Project Estimated Cost: $ 90,000.00 • Project Bid Received: $ 44,699.00 • Project Actual Cost: $ 57,024.00 M~8 7 Prepared by: Steven J. Rackis, ICHA Administrator 410 E. Washington St., Iowa City, IA 52240; 319-887-6065 RESOLUTION NO. 10-58 RESOLUTION APPROVING THE IOWA CITY HOUSING AUTHORITY'S FIVE (5) YEAR PLAN FOR 2010-2015 AND THE ANNUAL PLAN FOR FISCAL YEAR 2010. 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 5-Year Plan and Annual Plan under the Quality Housing and Work Responsibility Act of 1998 ("QHWRA"); and, WHEREAS, the 5-Year Plan is submitted every 5th fiscal year and the Annual Plan is submitted yearly; and, WHEREAS, the 5-Year Plan and Annual Plan are comprehensive guides 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); and WHEREAS, the QHWRA requires that the plans be made available to the public for review not later than 45 days before the public hearing is to take place and the plans have been made so available. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Iowa City Housing Authority's Five (5) Year Plan for 2010-2015 and The Annual Plan for Fiscal Year 2010 are approved. 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 2nd day of March ATTEST: _,~~~ CIT LERK 20 10 (Q~`~SQ MAYOR Approved by City Attorney's Office HsgassUreslry1 Ophaplan.doc Resolution No. _ 10-58 Page 2 It was moved by wiiburn and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x ~_ -~ X ~_ x Bailey Champion Dickens Hayek Mims Wilburn Wright wpdatalglossarylresolution-ic.doc ~ Pl.`ronc: (399 .33'6-.5400 ~,,,. 11. 1. IZ~D: (`3 ~ 9) .3.56•~4tk~ C~ ~ uTH o R I TY 4 )0 E. asfrr`n~fan .Stre~1 • Ivu~u C;t}~ • la~~u • X2240.1 S26 Thursday, February 25, 2010 TO: City Council FROM: Steven J. Raclcis, Housing Administrator SUBJECT: Iowa City Housing Authority 5-Year Plan for Fiscal Years 2010-2015 and Fiscal Year 2010 Annual Plan The Public Housing Reform Act requires submission of both a 5-Year and an Annual Plan. The 5-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 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. Attachments: • Annual Report (20 pages); • Total voucher utilization as of 1/28/2010 (1 page); • 5-Year Plan (30 pages). Annual Report - 2010 ~~~ _UTH~RITY ~1 t) E. ins/zing«~~ Stz°~~e~` ltz~~~cr Ciro • la~~=u • ~22~0 •1 ~2Ci To improve quality o f li fe, the Iowa City Housing Authority acts as a community leader for affordable housing, family self sufficiency, and homeownership opportunities. Date: March 2, 2010 Annual Report - 2010 Page 2 Annual Report-2010 Table of Contents Staff Housing Choice Voucher (HCV) program Analysis of Public Housing Family Characteristics Family Characteristics and Working Families Public Housing Waiting List Housing Choice Voucher Waiting List Promoting Family Self-Sufficiency (FSS) FSS Program Coordinating Committee Promoting Homeownership Executive Summary Housing Authority Cash Balance Summary Comparison of funding for Calendar Years 2009 & 2010 Partnerships and Community Collaborations Pages 3 4 5 6 7 8 9 10-II 12 13 14-15 16-17 18 19 Page 3 Annual Report - 201 0 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 with a HCV voucher choose & lease safe, decent, and affordable privately owned rental housing. Total number of available HCV vouchers = 1,214. ~, ~ ~ eti~ ~ ~ ~r~~~~i( III}~.~ .li~i"~I~y - ;, _ - , ~- HCV Economic Impact: For CY09, the Housing Choice Voucher program paid approximately $5.7 million in Housing Assistance Payments (HAP) to land- lords/owners of rental properties in Johnson County. The vouchers in use, as of 1/28/2010, in Iowa City (882) represents 5% of the total number of rental units (16,591) in the City of Iowa City. Total House- House- Elderly, Elderly, holds w/ holds wl Disabled, Disabled, minors minors & I- & I- (includes (includes All Vouchers, as of Person Person non- non- I/28/2010, by City House- House- school school or Iowa City holds, no holds, no aged mi- aged Neighborhood minors, minors, % nors), minors), Association, total Total by ~ of total total = off all total = % of all = 1,275 Location vouchers 740 vouchers 535 vouchers City of Coralville 233 18.3% 108 8.5% 125 9.8% Grant Wood 124 9.7% 53 4.2% 71 5.6% Village Green 104 8.2% 84 6.6% 20 1.6% City of North Liberty 102 8.0% 46 3.6% 56 4.4% Walden Woods 80 6.3% 58 4.5% 22 1.7% Washington Hills 58 4.5% 52 4.1 % 6 0.5% Broadway 57 4.5% 23 1.8% 34 2.7% Wetherby Friends & Neighbors 50 3.9% 19 I.5% 31 2.4% Downtown 39 3.1 % 38 3.0% I 0.1 Miller Orchard 37 2.9% 26 2.0% I I 0.9% Norchside 35 2.7% 25 2.0% 10 0.8% Norchwest 33 2.6% 14 I.I % 19 I.5% Friendship 31 2.4% 23 1.8% 8 0.6% Longfellow 28 2.2% 13 I.0% IS 1.2% Lucas Farms 24 1.9% 8 0.6% 16 1.3% Waterfront 20 1.6% I S 1.2% 5 0.4% Weeber-Harlocke 18 1.4% 13 I.0% 5 0.4% Peninsula Area Neighborhood 17 1.3% 9 0.7% 8 0.6% Oakcrest 16 1.3% 12 0.9% 4 0.3% Page 4 Annual Report-2010 Public Housing Public housing was established to provide affordable, decent and safe rental housing for eligible low-income families, elderly persons, & 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 & blend into the existing neighborhood architecture. The 81 Public Housing uniu represent 112 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 CY09 rental income from our Public Housing properties = $174,500. • Payment in Lieu of Taxes (PILOT) paid to the Johnson County Assessor for the Public Housing properties in FY09 = $ 13, 118.59. • In CY09, the Housing Authority paid approximately $315,530 to private sector Iowa City contractors for the capital improvement, general mainte- Occupied Units w/ Total Occupied Units minors (includes non- public Housing Total by Occupied No Minors school aged minors), Units Location 2/I 9/2010 total = 10 total = 70 Grant Wood 30 28 I 27 Friendship 22 18 I 17 Village Green I I I I 8 3 Washington Hills 5 4 0 4 Miller Orchard 3 2 0 2 Northside 2 I 0 I Longfellow 2 I 0 I Lucas Farms 2 2 0 2 Wetherby Friends & Neighbors I I 0 I Creekside I I 0 I Pepperwood I I 0 I Normandy I 0 0 0 TOTAL 81 70 10 60 Page s Annual Report - 2010 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 or Public Housing program and is currently assisted in the program. Head of Household Characteristics. Total Families = 1,296 as reported to HUD: October I, 2008 -January 31, 2010. (Totals do not add up to 100% because individuals can be counted in multiple categories): • Elderly or Disabled or Working = 1,270 (98%) • White Head of Household = 829 (64% ) • Elderly and/or Disabled =842 (65%) • Disabled = 674 (52%) • I person households =648 (50%) • Working = 53 I (4 I %) • With Minor Children = 583 (45%) • Female Head of Household with Children = 544 (42%) • African American Head of Household =441 (34%) • Elderly = 168 (13%) • Elderly and Disabled = 104 (8%) Income Sources as reported to HUD: October I, 2008 -January 3 I, 2010 (All Family Members: Many Families Have Multiple Sources of Income): • Social Security (SS)/Supplemental Security (SSI) • Employment • Family Investment Program (FIP/Welfare) • With any Other Income • With FIP/Welfare as Sole Source of Income = 60% = 42% = 10% = 22%* = 3% * Child Support, Self-Employment, Unemployment Insurance, Other Non-Wage Sources. Page 6 Annual Report-2010 Family Characteristics and Working Families Length of Participation as reported to HUD: October I, 2008 -January 31, 2010: • Less than I year • Ito 2 years • 2 to 5 years • 5 to I 0 years • 10 to 20 years • Over 20 years = 328 (25%) = 134 (I 03'0) = 380 (29%) = 313 (24%) = 138 (10%) = 28 (2%) Residence prior to admission -Currently Assisted (HCV & Public Housing): • Johnson County = 1,157 (83%) • All Other State of Iowa Counties = 109 (8%) • State of Illinois = 100 (7%) • All Other States = 31 (2%} Iowa City Community School District (ICCSD) information: • Total ICCSD Enrollment K- 12 = I I ,903 • Total ICCSD Eligible for Free/Reduced Lunch (29.0% of total) = 3,452 • Total ICHA Children K-12 Age = 1,239 • Total ICHA Children Eligible for Free/Reduced Lunch = I ,141 Businesses employing 10+ Housing Authority Participants: University of Iowa Goodwill of the Heartland Reach for Your Potential Wal-Marc Durham School Services Systems Unlimited HV-Vee Drugstore Windmill Manor Employment Systems Iowa City Community School District Vangent Self Employment McDonald's Restaurant 36 35 28 24 22 20 17 16 15 15 15 14 10 Page 7 Annual Report - 201 0 Public Housing Waiting List February 12, 2010 The Public Housing waiting list is currently closed 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. FJiQibil' or housing_programs is not established until Applicants reach the top of the waiting list and their Prelimin~ Ap~tications for Assistance are broc- essed. The list includes residents and non-resident's of the Iowa City Housing Author- ity's jurisdiction Qohnson County, Iowa; Iowa County, Iowa; and, Washington County, Iowa, North Highway 92). The general applicant pool from which the Housing Authority draws to determine program eligibility are elderly, disabled, and families with children under the age of 18 who are residents (have a legal domicile) 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 is 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 492 100% Elderly 23 5% Disabled 237 48% Families w/minor Children 278 57% White - Head of Household 276 56% Black -Head of Household 184 37% All Other Races -Head of Household 32 7% An additional 1,048 applicants are on the list, but are either non- residents, or single non-elderly, non-disabled families. Page 8 Annual Report-2010 HCV Waiting List February 12, 2010 The HCV waiting list is currently closed 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) of our jurisdiction. The eligibility determination process includes verification of residency, family composition, eligibility status, and a national criminal background check is con- ducted through the Iowa Department of Criminal Investigation and the Federal Bureau of Investigation. When the Housing Authority applies for, and receives additional funding (HOME Investment Funds) to operate Tenant-Based-Rental Assistance Programs (TBRA), the HCV waiting list is used to support the TBRA programs. These additional funds have targeted elderly and disabled families who are residents (have a legal domicile) of our jurisdiction. Housing Choice Voucher Waiting List Number of % of Fami- Families lies Resident Applicant Characteristics 786 100% Elderly 43 S% Disabled 340 433'0 Families w/minor Children 449 57% White - Head of Household 449 57% Black -Head of Household 295 38% All Other Races -Head of Household 42 5% An additional 1,721 applicants are on the list, but are either non- residents, or single non-elderly, non-disabled families. Page 9 Annual Report - 201 0 Promoting Self-Sufficiency The lack of safe, decent, and affordable housing undermines quality education, public health, and economic growth. Affordable housing is a contribut- ing factor to stabilizing families. Stable families are better equipped to take advantage of educational opportunities. Opportunities for and access to ad- vanced education and training increases ernployabil- ity. Sustainable employment offers opportunities to attain self-sufficiency. Economic self-sufficiency leads to a better society and strengthens the "sense of community." r~,J 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-Sufficienry (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 = 138 • Participants with an escrow savings account = 98 (71%) • Average monthly escrow savings deposit (participants with an escrow balance) _ $142 • Average escrow savings account balance (participants with an escrow balance) _ $ I ,209 • Highest escrow savings account balance = $20,981 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: • February 2009: "Show Me The Money". Collaborated with Credit Counsel- ing Services. • March 2009: Credit Repair. Collaborated with Iowa City Area Association of Realtors. Page 10 Annual Report-2010 Promoting Self-Sufficiency (Continued) • April 2009, "Dealing with Stress Before it Deals with You". Collaborated with Johnson County Department of Public Health. • October 2009, Computer Basic Education. Collaborated with Goodwill of the Heartland and City of Iowa City Human Rights Commission. Homebuyer Education Classes Conducted in Partnership with the Iowa City Area Association of Realtors: • February 2010 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-eight (58) FSS gradu- ates have moved to homeownership; forty-six (46) independent of the Hous- ing Authority Homeownership programs and twelve (12) participated in Hous- ing Authority Homeownership programs. Page I I Annual Report - 2010 Program Coordinating Committee - 20 I 0 Advisory Board for the Iowa City Housing Authorities' Family Self-Sufficiency Program (FSS). • Amy Correia, Social Services Director, Johnson County. • Jon Weih, Student Life Director, Kirkwood Community College. • Karla Fay, Farmers & Merchants Savings Bank. • Cindy Lynch, Iowa State Bank Home Loan Center. • Linda Severson, Human Services Planning, JCCOG. • Hanan Abdelgadir, Neighborhood Centers of Johnson County. • Judith Siebert, Cornell College & Back on Track Solutions. • Ladiester LaMaster, Horace Mann Elementary Family Resource Center. • Lynette Jacoby, United Action for Youth • Perla Flores, Neighborhood Centers of Johnson County. • Shannon Hammen, Roosevelt Elementary Family Resource Center. • Steve Federspiel, Liberty Bank. • Bruce Teague, CEO, Caring Hands & More. • Heidi Cuda, Mid-Eastern Iowa Council on Chemical Abuse (MECCA). • Roger Goedken, Goodwill of the Heartland. • Jessica Greying, Residential Mortgage Network, Inc. • Ray Truitt, Iowa Workforce Development • Mary Ann Pedde, Domestic Violence Intervention Project (DVIP). • Angie Blanchard-Manning, Children of Promise Mentoring Program. • LaTasha Massey, Community Projects Specialist, Johnson County. • Anthony Moore, Public Housing Tenant. • Judith Bryant, HCV Program Participant Page 12 Annual Report - 2010 HCV Homeownership Program: Eligible participants have the option of purchasing a home with their HCV assistance rather than renting. • Thirty-four (34) HCV Vouchers were used to purchase homes since January 2003: Twenty-two (23) HCV Vouchers are currently active. Tenant-to-Ownership Program (TOP): The Tenant-to-Ownership Program is funded by HUD. The TOP program offers oppor- tunities for low to very low-income families to purchase single-family homes owned by the Housing Authority. • Twenty-six (26) homes 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 purchase newly constructed or newer homes. • Sixteen (16) homes (eight "Universal Design" homes) were built and sold since May 1999. Two (2) "Universal Design" homes are currently on the market. One (I) additional TOP/ADHOP homes are available through resale. Down Payment Assistance Program -Grant Award $ 187,500: Funded with Fiscal Year 2009 HOME funds. First-Time homebuyers with a household income of <80% of the Area Median Income (AMI) may be eligible for a forgivable loan for down payment assistance. At the date of this publication: • 15 families purchased homes; Funds expended = $147,200 • I family with obligated funds = $10,000 • Remaining available funds = $30,300 • Families with household income 60-80~ of AMI = 10 • Families with household income <609~ of AMI = 6 Page 13 Annual Report - 2010 Executive Summary The Public Housing Reform Act requires submission of both aFive-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 Annual Plan provides details about the Housing Authority's current programs and the resident population served, as well as the Hous- ing Authority's strategy for addressing the housing needs of currently assisted families and the larger community. The strategies for meeting the Housing Authorities mission, goals, and objective are detailed in the Iowa City Housing Authority's 5-Year Plan for Fiscal Years 2010-2015 and are contained in CITY STEPS 201 I-2015 Iowa City's Consolidated Plan for Housing, Jobs, and Services for Low-Income Residents. The Housing Authority began our planning process in the Spring of 2009. With the assistance of a University of Iowa Student Practicum Project, the Housing Authority surveyed all Public Housing Tenants and Family Self-Sufficiency participants to determine the interest in creating a Resident Advisory Board (RAB). In the Summer and Fall of 2009, The Housing Authority participated in the consultation process organized by the City of Iowa City Com- munity Development Office in the development of CITY STEPS, Iowa City's Consolidated Plan for Housing, Jobs, and Services for Low- Income Residents 2010-2015. As part of this process all families that responded to the Housing Authority survey were mailed copies of the City Steps Resident Survey and were invited to attend the Public Meetings arranged by the City Steps consultants. The majority of comments were beyond the scope, power, and authority of the Iowa City Housing Authority to impact these concerns, or other City Departments and Community Based Agencies are better suited to meet these concerns. Examples include fixing streets, repair- ing abandoned homes, empowering neighborhoods, dealing with perception of City-wide increase in criminal activity, etc. The Iowa City Housing Authority and the City of Iowa City Neighborhood Services continue the initiative we launched in 2008: "Good Neighbors-Strong Neighborhoods". The idea is to partner with Neighborhood Associations to develop strategies to promote the peace- ful enjoyment of the neighborhood for all residents. Our goal is the increased participation of Housing Authority clients in the activities sponsored by the City of Iowa City Neighborhood Associations. Reclaiming Roots, a Community Based Organization, brings volunteers together to join along side of community causes such as: neighbor- hood clean-ups, community center repair and restoration, schools that need work, non-profits supporting local artists, etc. This organiza- tion is not defined by one "cause" -rather they are helping foster the mindset that when our communities come together for the cause of others - we all win! In October 2009, Reclaiming Roots organized the second Neighborhood clean-up in the Grant Wood Neighborhood Association. Before the actual clean-up, Reclaiming Roots canvassed 350 homes seeking not only projects, but neighborhood volunteers. 225 volunteers (75 Reclaiming Roots, 150 AmeriCorps) completed indoor and outdoor work on 40 homes; 2 roll-offs of trash were taken to the City of Iowa City dump; &, 25+ technology & appliances were recycled. The AmeriCorps volunteers also conducted adoor-to-door neighborhood sur- vey. Calendar Year End Report: The ICHA achieved "High Performer" status for both the Housing Choice Voucher (HCV) and Public Housing programs for FY09. For CY09 the ICHA attained ayear-end lease-up rate of 98% for both the HCV program and Public Housing programs, and utilized 99.2% of our budget authority for the HCV program. In addition to the HCV and Public Housing Programs, The Iowa City Housing Authority is providing Tenant-Based-Rental Assistance to 25 elderly and/or disabled families with State of Iowa and City of Iowa City HOME Investment Funds; and, 17 formerly homeless Veterans' with funding from the Department of Housing and Urban Development and the Veterans Administration. These families are counted in our statistics displayed on pages b and 7. Homes for our Future Collaboration A collaboration of The Iowa City Area Association of REALTORS (ICAAR), the City of Iowa City Housing Authority (ICHA), Southgate Page 14 Annual Report-2010 Development, MidWestOne Bank, Extend the Dream Foundation, and the University of Iowa College of Law Clinical Law Department, built an affordable house featuring aspects of green building practices and universal design. The goal was to create an affordable home that will meet the changing needs of its inhabitants as they age; allowing them to remain in the home as long as they want, even working with physi- cal or age-related challenges. As a model for structuring affordable housing alternatives, the completed home was featured in the 2009 Parade of Homes. The home was sold to a graduate of the ICAAR/ICHA Homebuyer Education Program. Page 15 Annual Report - 2010 Housing Authority Cash Balance Summary as reported in the FY2009 Unaudited Financial Submission to HUD. The uses of the cash sources are based on relevant HUD notices and signed agreements between the Hous- ing Authority and HUD. Public Housing Operations & Housing Choice Voucher (HCV) Administrative Fee Cash Reserves (FY2009 Balance = $2,243,032.15) Under Section 9(3) of the Housing Act of 1937, Public Housing Operating Funds are available to the Iowa City Housing Authority (ICHA) for the operation & management of the Public Housing. &HCV Programs. Operating cash is only available for the use and benefit of public housing units & residents, or HCV development activities that benefit the HCV program & its participants. Housing Assistance Payments (HAP) (FY2009 Balance = $1,226,889.27) Starting January 31, 2004, the Federal Department of Housing & Urban Development (HUD), & Congress, through the approval of the Annual Appropriations Act, restricted the use of administrative fee income to activities related to Section 8 tenant-based rental assistance and related development activities (PIH Notice 2008-15). The HCV HAP cash represents unexpended HAP funding received from HUD. Housing Authority Capitol Fund Grants (FY2009 Balance = $229,976.30) HUD provides funds to the ICHA to improve the physical condition, upgrade the management & operation, & carry out other activities for Public Housing developments. Capital Funds are calculated & allocated by an established formula. HUD Disaster Grant (FY2009 Balance = $56,726 HUD provided grant dollar to assist with the reconstruction of the Public Housing unit located at 608 Eastmoor, Iowa City, Iowa, which was damaged in the flood of 2008. American Recovery and Reinvestment Act (FY2009 Balance = $188,812.05) The ICHA prioritized capital projects already underway or included in the 5-year Capital Fund Plan. These funds supplement the existing Capi- tal Fund Grants. These funds must be used for Public Housing Capital projects only. Housing Authority Tenant-to-Owner Program/Affordable Dream Homeownership Program (TOP/ADHOP) (FY2009 Balance = $872, 158.74) 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 opportunities throughout Iowa City. This agreement authorizes the ICHA to sell Public Housing units and use the sales proceeds to construct or purchase homes for rehabilitation to continue the cycle. To ensure affordability, the ICHA provides a second mortgage for the homeowners. Public Housing Low Density Development (FY2009 Balance = $855,080.07) On October 25, 1995, the ICHA received approval from HUD for the sale of 18 units at 1926/ 1946 Broadway Street Per the approved plan submitted to HUD, the sales proceeds are to be used for the development of 18 low density scattered site replacement units that would be more efficiently & effectively operated as affordable housing. Housing Authority TBRA/HOME Grants (FY2009 Balance $236,858) Grant funding received by the ICHA through the City of Iowa City & the State of Iowa to operate a Tenant Based Rental Assistance (TBRA) Program. TBRA provides Housing Assistance Payments to landlords/owners of rental properties on behalf of income eligible elderly/disabled Page 16 Annual Report-2010 Housing Authority Cash Balance Summary as reported in the FY2009 Unaudited Financial Submission to HUD (continued). families. HUD/Veterans' Affairs Supportive Housing (HUD/VASH) (FY2009 Balance = $ 119,398) TBRA funds targeting homeless veterans' participating in VA Case Management Services. Page 17 Annual Report-2010 Comparison of CalendarYear 2009 & 2010 Funding The United States Congress allocates funding and passes laws for all housing programs. The Federal Department of Housing and Urban Development's (HUD) role in the locally administered housing programs is to allocate money to the local housing authorities and to de- velop policy, regulations, and other guidance that interprets housing legislation. The Actual Funds Received for CY09 and Estimated Funding for CY 10: Housin¢ Choice Voucher Program CY09 • Annual Contributions Contract = $5,751,553 • Self-Sufficiency/Homeownership Grant = $ I 19,322 • Port-in Administrative Fees = $3,609 Public Housing CY09 • Rentallncome =$174,500 • Capital Funds Program (CFP) _ $151,079 • Disaster Capital Funds (608 Eastmoor) _ $56,726 • American Recovery & Reinvestment Act = $50,554 • Performance Funding System Operating Subsidy = $212,350 HOME Funds CY09(Tenant Based Rental Assistance) _ $236,858 Fraud Recovery CY09 = $49,732 Total Housin¢ Authority Funding CY09 = $6.947.582 Housing Choice Voucher Renewal CY10 (Estimated • Annual Contributions Contract = $5,712, 167 • HUDNeteran's Affairs Supportive Housing = $35,499 • Carryover Housing Assistance Paymenu (HAP) _ $43,640 • Self-Sufficiency/Homeownership Grant = $120,515 Public Housing CY10 • Annual Capital Funds Program (CFP) _ $162,000 • Performance Funding System Operating Subsidy = $209,628 • Disaster Capital Funds (608 Eastmoor) _ $56,726 • American Recovery & Reinvestment Act = $50,554 HOME Funds CY 10 (Tenant Based Rental Assistance) _ $345,729 Total Housing Authority Funding CY10 = $6.736,458 Page 18 Annual Report-2010 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. STAR Program. Iowa State University (ISU) Extension. Liberty Bank. Iowa City Area Association of Realtors. Hawkeye Area Community Action Program (HACAP). Iowa State 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 Current Homeownership Programs Lender List: • Iowa State Bank • Liberty Bank • West Bank • Farmers & Merchanu 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 - 2010 ~_ U ~ ' U T H CI R 11"Y ~J10 E. 1Y'ashir7gtcrtr Strcrt Irr~sri Gih= lor~•a • 522~Q • 1 R?h 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 Voucher Utilization: All Vouchers, as of 1/2812010, by City or Iowa City Neighborhood Association. The key component of the Housing Choice Voucher program is choice. The family chooses where to live, The Housing Authori ty does not choose for them. Currently, 450 Johnson County landlord/owners participate in the HCV program. riousenoias Elderly, Total w/minors Disabled, 8z 1- Households (includes Elderly, Person w/minors non-school Disabled, & Households, (includes aged 1-Person no minors, % non-school minors), Households, of all aged of all All Vouchers, by Total by % of total no minors, vouchers = minors), total vouchers = location, total = 1,275 Location vouchers total = 740 58% = 535 42% City of Coralville 233 18.3% 108 8.5% 125 9.8% Grant Wood 124 9.7% 53 4.2% 71 5.6% Village Green 104 8.2% 84 6.6% 20 1.6% City of North Liberty 102 8.0% 46 3.6% 56 4.4% Walden Woods 80 6.3% 58 4.5% 22 1.7% Washington Hills 58 4.5% 52 4.1 % 6 0.5% Broadway 57 4.5% 23 1.8% 34 2.7% Wetherby Friends & Neighbors 50 3.9% 19 1.5% 31 2.4% Downtown 39 3.1 % 38 3.0% 1 0.1 Miller Orchard 37 2.9% 26 2.0% 11 0.9% Northside 35 2.7% 25 2.0% 10 0.8% Northwest 33 2.6% 14 1.1 % 19 1.5% Friendship 31 2.4% 23 1.8% 8 0.6% Longfellow 28 2.2% 13 1.0% 15 1.2% Lucas Farms 24 1.9% 8 0.6% 16 1.3% Waterfront 20 1.6% 15 1.2% 5 0.4% Weeber-Harlocke 18 1.4% 13 1.0% 5 0.4% Peninsula Area Neighborhood 17 1.3% 9 0.7% 8 0.6% Oakcrest 16 1.3% 12 0.9% 4 0.3% Hunters Run 14 1.1 % 14 1.1 % 0 0.0% Creekside 12 0.9% 9 0.7% 3 0.2% Sycamore Mall/Industrial Park 12 0.9% 3 0.2% 9 0.7% West Side 12 0.9% 4 0.3% 8 0.6% Morningside/Glendale 11 0.9% 10 0.8% 1 0.1 City of Solon 10 0.8% 8 0.6% 2 0.2% City of Lone Tree 9 0.7% 4 0.3% 5 0.4% College Green 8 0.6% 7 0.5% 1 0.1% Johnson County 8 0.6% 6 0.5% 2 0.2% Oak Grove 8 0.6% 7 0.5% 1 0.1% City of Oxford 8 0.6% 2 0.2% 6 0.5% City of Tiffin 8 0.6% 2 0.2% 6 0.5% City of Wellman 8 0.6% 8 0.6% 0 0.0% Shimek 6 0.5% 1 0.1 % 5 0.4% Goosetown 5 0.4% 4 0.3% 1 0.1 Park West 4 0.3% 1 0.1 % 3 0.2% University of Iowa 4 0.3% 1 0.1 % 3 0.2% Ty"N Cae 3 0.2% 1 0.1 % 2 0.2% City of Amana 2 0.2% 1 0.1 % 1 0.1 Bryn Mawr Estates 2 0.2% 0 0.0% 2 0.2% City of Hills 2 0.2% 1 0.1% 1 0.1% Paddock Neighborhood 2 0.2% 2 0.2% 0 0.0% Pepperwood 2 0.2% 0 0.0% 2 0.2% City of Riverside 2 0.2% 0 0.0% 2 0.2% Windsor Ridge 2 0.2% 1 0.1 % 1 0.1 Iowa County 1 0.1 % 1 0.1 % 0 0.0% Melrose Avenue 1 0.1 % 1 0.1 % 0 0.0% Mormon Trek Village 1 0.1 % 1 0.1 % 0 0.0% South Pointe 1 0.1 % 1 0.1 % 0 0.0% Wylde Green 1 0.1 % 0 0.0% 1 0.1 TOTAL 1275 100.0% 740 58% 535 42% The total vouchers in use, a s of 1/28/2010, in the City of Iowa City (882) represents 5% of the total number of rental units (16,591) in the City of Iowa City. PHA 5-Year and U.S. Department of Housing and Urban OMB No. 2577-0226 Development Expires 4/30/2011 Annual Plan Office of Public and Indian Housin 1.0 PHA Information PHA Name: Iowa City Housing Authority (ICHA) PHA Code: IA022 PHA Typc: ^ Small ~ High Performing ^ Standard ^HCV (Section R) PHA Fiscal Ycar Beginning: (MM/YYYY): 07/2010 2.0 Inventory (based on ACC units at time of FY beginning in 1.0 above) Number of PH units: 81 Number of HCV units: 1.214 3.0 Submission Type Q 5-Year and Annual Plan ^ Annual Plan Only ^ 5-Year Plan Only 4.0 PHA Consortia ^ PHA Consortia: (Check box it'submitting a joint Plan and complete table below.) Participating PHAs PHA Program(s) Included in the Programs Not in the No. of Units in Each pro ram Code Consortia Consortia pH HCV PHA i PI IA 2: PHA 3: 5.0 5-Year Plan. Complete items 5.1 and 5.2 only at 5-Year Plan update. S.1 Mission. State the PHA's Mission for serving the needs oflow-income, very low-income, and extremely low income families in the PHA's jurisdiction for [he next five>ears: To improve quality of life, the ICHA acts as a community leader for affordable housing, family self-sufficiency, & homeownership opportunities. We provide information & education; housing assistance; &, public/private O 5.2 Goals and Objectives. Identify the PHA's quantifiable goals and objectives that will enable the PHA to serve the needs of low-income and very low-income, and extremely low-income families for the next five years. Include a report on the progress the PHA has made in meeting the goals and objectives described in the previous 5-Year Plan. The ICHA targets available assistance to disabled, elderly, & families with children under the age of 18 at or below 30% of AMI. The ICHA promotes Family Self-Sufficiency & Homeownership options. 6.U PHA Plan Update (a) Identify all PHA Plan elements that have been revised by [he PHA since its last Annual flan submission: None. (b) Identify the specific location(s) where the public may obtain copies of the 5-Year and Annual PHA Plan. For a complete list of PHA Plan elements, see Secliun 6.0 of the instructions. Main administrative office of the Iowa City Housing Authority and the Iowa City Housing Authority website: www. icgov. org/icha 7.0 Hope VI, Mixed Finance Modernization or Development, Demolition and/or Disposition, Conversion of Public Housing, Homeownership Programs, and Project-based Vouchers. Include arutementr related to the.+e prngranir us applicable. 8.0 Capital Improvements. Please complete Parts 8.1 through 8.3, as applicable. g I Capital Fund Program Annual Statement/Performance and Evaluation Report. As part of'the PHA 5-Year and Annual Plan, annually complete and submit the Capim/ Fund Progrure Annua/ SlaremendPer(ormance and Evahmrion Report, form HUD-50075.1, for each current and open CFP grant and CFFP financing. 8 2 .Capital Fund Program Five-Ycar Action Plan. As part of the submission of the Annual Plan, PHAs must complete and submit the Capim/ Fund Program Five-Year Action Plan, form HUD-50075.2, and subsequent annual updates (on a rolling basis, e.g., drop current year, and add latest year for a five year period). Large capital items must be included in the Five-Year Action Plan. 8.3 Capital Fund Financing Program (CFFP). ^ Check if the PHA proposes to use any portion of its Capital Fund Program (CFP)/Replacement Housing Factor (RHF) to repay debt incurred to finencecapi[al improvements. Page l of 2 form HUD-50075 (4/2008) 1 02/23/2010 9.0 Housing Needs. Based on information provided by the applicable Consolidated Plan, information provided by HUD, and other generally available data, make a reasonable effort to identify the housing needs of the low-income, very low-income, and extremely low-income families who reside in the jurisdiction served by the PHA, including elderly families, families with disabilities, and households of various races and ethnic groups, and other lamilies who are on the public housing and Section 8 tenant-based assistance waiting lists. The identification of housing needs must address issues of affordability, supply, quality, accessibility, size of units, and location. ity Steps 2011 - 2015 identified elderly, small related, large related, & all other households, renters/owners =80% MFI & cost burdened at >30% & >50% as High Priority Needs. 9.1 Strategy for Addressing Housing Needs. Provide a brief description of the PI1A's strategy for addressing the housing needs of families in [he jurisdiction and on the waiting list in the upcoming year. Note: Small, Section S only, and High Performing PHAS complete only for Annual Plan submission with the 5-Year Plan. The ICHA will target elderly, disabled, & families w/children <18 resident renters <=30% MFI; Will maximize HCV budget authority & voucher utilization ~ lease-up rates for Public Housing; Will pursue other funding to operate TBRA programs; Will continue our voluntary FSS program & maintain the partnership w/Iowa Area Association of Realtors to promote Homeownership opportunities for families. 10.0 Additional Information. Describe the following, as well as any additional information HUD has requested. (a) Progress in Meeting Mission and Goals. Provide a brief statement of the PHA's pmgress in meeting the mission and goals described in the 5- Year Plan. On a calendar year basis, the ICHA achieves a minimum of 98% of budget authority & voucher utilization & lease-up rates for Public Housing. The ICHA scores for SEMAP &PHAS are High Performer. The ICHA has expanded affordable housing opportunities by operating TBRA programs with HOME funds from the State of Iowa & City of Iowa City. In partnership with the local Veterans Hospital, we operate aHUD-VASH rental assistance program. The FSS program maintains an average enrollment of 150 families & 68% of those families have an escrow savings account. Through the ICHA's FSS & Homeownership programs, 128 amities have become homeowners since 1998. (b) Significant Amcndtnen[ and Substantial Deviation/Modification. Provide the PIIA's definition of"significant amendment" and "substantial dev ial ion/modification" federal statutory or regulatory change is made effective and, in the opinion of the Authority, has either ubstantial programmatic or financial effects on the programs administered by the Authority, or creates ubstantial obligations or administrative burdens beyond the programs under administration at the start of the Ian year. 1 L0 Required Submission for HUD Field Omce Review. In addition to the PHA Plan template (HUD-50075), PHAS must submit the following documents. Items (a) through (g) may be submitted with signature by mail or electronically with scanned signatures, but electronic submission is encouraged. Items (h) through (i) must be attached electronically with the PHA Plan. Note: Faxed copies of these documents will not be accepted by the Field Of7ice. (a) Form fiUD-50077, PHA CerliJicalionr ofComp/ianc•e wish the PNA Plans and Related Regulations (which includes all certifications relating to Civil Rights) (b) Form HUD-50070, Certification fiir a Drug-Free Workplace (PHAS receiving CFP grants only) (c) Form HUD-50071, Certification ojPayments to /nJlaence Fedora! Transuctions• (PHAS receiving CFP grants only) (d) Form SF-LLL, Disclosure ojLobbying Activilies• (PHAS receiving CFP grants only) (e) Form SF-LLI. A, Disclosure ojLabbying Activities• Continuation Shoe! (PHAS receiving CPP grants only) (t) Resident Advisory Board (RAB) comments. Comments received from the RAB must be submitted by the PHA as an attachment to the PHA Plan. PHAS must also include a narrative describing their analysis of the recommendations and the decisions made on these recommendations. (g) Challenged Elements (h) Form HUD-50075.1, Capital Fund Program Anmml Statement/PerJi~rmance and Eva/nation Report (PHAS receiving CFP grants only) (i) Form HUD-50075.2, Capita/ Fund Program Five-Year Action Plan (PHAS receiving CFP grants only) Page 2 of 2 form HUD-50075 (4/2008) 2 02/23/2010 5 a z w f w 0 a _~ J }a N Q U d 01 O a O m N CO N m ~ N .. w ~Y ~ ~~ i I I ~ I I I i I I I i i II c U i I i i .o o N N ! 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I .I I l ~ ~, I I I I ~ I ' I ~' y I ~o I ~ I I d ~ d I N I N~ I I °CI I d > ~ ° til ' N j i I , I o~ I c ' I I I I i l I I ~ ~ l I I CI a o E ~ _ - c o ~ I N ~, .I ~ IE ~ ,I I C O, O' a ~ ~ ~~ I I I 1 ~ I ~, 7 - ~ YI y I i I °' '~ ~~ ~ Q .! I r l I ~ ~ I I ~ ~ ~ ~ I I 0 t 1 ~ ~ ~ ~_ ~ I l ~ N ~ ~ mI i ~ ! ~I ~ I c ~I ( i t l i ~ o W ~ o - E ~ c ,i m o ° E' , I I ' I us I I ` ~ ~ m " of III ~ ~ Iml ~° ~ to ` ~ ~ II ~ I ~ _ ~ I ~= C C I C ~~ W I ~ I ~ _ .I I ~ y La C Q ~ t a K W 0 F C I i I C ~ I I I 3 N ! d O 3> d a ~~ I i I 2 5 a ~- z w w 0 z a f J Q N a a U 0 0 N N N a d n R J Analysis of the recommendations submitted by Resident Advisory Board (RAB) and the decisions made on these recommendations. The majority of comments are beyond the scope, power, and authority of the Iowa City Housing Authority to impact these concerns, or other City Departments and Community Based Agencies are better suited to meet these concerns. Examples include fixing streets, repairing abandoned homes, empowering neighborhoods, dealing with perception of City-wide increase in criminal activity, etc. The Iowa City Housing Authority and the City of Iowa City Neighborhood Services will continue the initiative we launched in 2008: "Good Neighbors-Strong Neighborhoods". The idea is to partner with Neighborhood Associations to develop strategies to promote the peaceful enjoyment of the neighborhood for all residents. Our goal is the increased participation of Housing Authority clients in the activities sponsored by the City of Iowa City Neighborhood Associations. Through the Office of Neighborhood Services, the City of Iowa City supports and encourages neighborhood action and provides ideas and resources that can help shape the future of a neighborhood. The City coordinates with the Neighborhood Associations to work through their short and long-terns needs that best serve the interests of the neighborhood within the goals of the larger community. The City of Iowa City also provides financial and technical assistance in the printing and mailing of newsletters and meeting notices. 28 02/23/2010 9. Violence Against Women Act (VAWA) and the PHA Plan On January 5, 2006, President Bush signed VAWA into law as Public Law 109-162. Section 603 of the (aw amends Section SA of the U.S. Housing Act (42 U.S.C. 1437c-1) to require Public Housing Authorities (PHA) five-year and annual PHA Plans to contain information regarding any goals, activities, objectives, policies, or programs of the PHA that are intended to support or assist victims of domestic violence, dating violence, sexual assault, or stalking. On March 16, 2007 a Federal Register Notice was published regarding the applicability of VAWA to HUD Programs. Johnson County, Iowa, has long had a history of collaborating to create an ethical and proactive coordinated community response to domestic violence. As early as 1983, victim services, criminal justice systems and social service organizations developed the Johnson County Coalition Against Domestic Violence (JCCADV). The Iowa City Housing Authority is a member of JCCADV. The mission of JCCADV: The Johnson County Coalition against Domestic Iiolence is a collaboration of community organizations and individuals committed to ending domestic violence. Our mission is to provide education and promote collaborations that support community services and social change efforts. • JCCADV unites with battered women, sister organizations, and other allies to advocate for change. • JCCADV encourages excellence in service through support to member projects, accountability for the quality of services, and the development of model policies and practices. Battered women and their children deserve the best we have to offer. • JCCADV ensures its own resiliency and strength through a diverse yet unified board and staff: many voices with one message. • JCCADV engages systems, agencies, and communities to create safety and support for battered women, and to hold perpetrators accountable for their violence. • JCCADV acknowledges that women's life-generated risks can be as damaging and formidable as the risks generated by batterers. Each battered woman is unique and "one- size-fits-all" strategies cannot adequately respond to individual circumstances. • JCCADV is committed to awoman-defined policy advocacy approach to improve systemic responses to all battered women: those we are familiar with and those we have yet to reach. • JCCADV encourages non-traditional and creative responses to meet the needs of all battered women, including securing economic justice. Necessary to the success of any community in providing support to victims and accountability for perpetrators of domestic violence, is the ability to evaluate key resources. In 2005, JCCADV, with the Domestic Violence Intervention Program as lead agency, applied for and received funds to critically look at the resources for gaps in services and the experiences of African-American women battered by an intimate partner in our communities. Page I oft form HUD-50075-SA 29 02/23/2010 This study creatively and critically reflected on the interconnections of resources in our community, creating a tool that focuses on victim's experiences of amulti-layered human services and criminal justice systems. Secondly, JCCADV examined the social/cultural identity of the victim or perpetrator and the decisions of community resources as they relate to each other and the social/cultural identity of the victim or perpetrator. Finally, JCCADV identified the risks and gaps experienced by victims and perpetrators in a way that promotes the development of collaborative resources. Ultimately, JCCADV will create concrete structural solutions that address institutionalized racism and gaps in services to African-American women that are victims of domestic violence in our communities and provide the basis for innovative collaboration and programming and the pursuit of culturally competent resources. JCCADV membership: Community Corrections Improvement Association, Community Mental Health, Coralville Police Department, Domestic Violence Intervention Program, Emma Goldman Clinic, First Presbyterian Church, Iowa City Free Medical Clinic, Iowa City Housing Authority, Iowa City Police Department, Iowa Legal Aid, Johnson County Council Of Governments, Johnson County Attorney, Johnson County Empowerment, Johnson County Sheriff, Johnson County Public Health Department, Mid-Eastern Iowa Council on Chemical Abuse (MECCA), Mediation Services of Eastern Iowa, Mercy Hospital, Rape Victim Advocacy Program, Shelter House, University of Iowa Athletics, University of Iowa Hospitals and Clinics, United Action for Youth, Women's resource and Action Center. Paget oft form HUD-5007SSA 30 02/23/2010 M-1~ Prepared by: Steven J. Rackis, ICHA Administrator 410 E. Washington St., Iowa City, IA 52240; 319-887-6065 RESOLUTION NO. ~ 0-~9 RESOLUTION ADOPTING THE AMENDED 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 for the administration of the HCV Program; and WHEREAS, the proposed amendments to allow denial and termination for owing money to any federally assisted housing program, to create a distinct, two-tiered resident and non-resident preference list, to confirm that the Housing Authority must terminate or deny for failing to provide social security numbers, and to require interim re-examinations should be adopted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The HCV Administrative Plan, with amendments, be adopted as the policy of the Iowa City Housing Authority; and, 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 2nd day of March , 201~- ATTEST: ~,s .~~ ~- CIT LERK MAYOR Ap ed b City Attorney's Office HisassVresl3-2-10hvcres.doc Resolution No. 10-59 Page 2 It was moved by Wilburn and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: x x x X ~_ .~_ ~_ NAYS:. ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright wpdata/glossary/resol utlon-ic. doc ~3-63-10 - 8 Phone: (3 ~ 9) 3.56.5400 F1~~:• (319) 356.5459 u ~ ~ n TDD: (319) 3.56.5404 UTHORITY 410 ~. [Washington Street • Iowa City • Iowa • 52240.1826 DATE: Thursday, February 25, 2010 TO: City Council FROM: Steven J. Rackis, Housing Administrator SUBJECT: Updates and amendments to the Iowa City Housing Authority's Housing Choice Voucher (HCV) Administrative Plan and Admissions and Continued Occupancy (ACOP) Plan The Iowa City Housing Authority is proposing changes to the following Sections of our Housing Choice Voucher (HCV) Administrative Plan and Admissions and Continued Occupancy (ACOP) Plan: HCV: Section 4.8 May Deny Assistance, Miscellaneous Reasons (1-Year Period of Ineligibility); Section 4.8 Must Deny Social Security Number Disclosure; Section 5.1 Waiting List Admissions and Special Admissions; Section 14.0 Must Terminate Social Security Number Disclosure; Section 19.7 Homeownership Assistance Payments -Interim Reexaminations. ACOP: 8.4 Public Housing Tenant Selection Criteria, Discretion to Deny For Other Miscellaneous Reasons (1-Year Period of Ineligibility); 10.0 Tenant Selection and Assignment Plan; 15.5 Interim Reexaminations. Rationale and proposed changes to HCV Section 4.8/ACOP Section 8.4 Family/Tenant Selection Criteria; May Deny Miscellaneous Reasons (1-year period of ineligibility) (These denial criteria will apply to both our HCV and Public Housing programs): According to Department of Housing and Urban Development regulations, Housing Authorities may deny assistance to families if they owe money to another Housing Authority that operates an HCV program and/or a Public Housing program. Housing Authorities have the discretion to expand these criteria to deny assistance; therefore, the Iowa City Housing Authority is proposing to deny assistance to families if they owe money to any entity operating a federally assisted rental subsidy program. (e.g., Projected Based programs like Pheasant Ridge Apartments). SRackis Page 1 2/23/2010 The Housing Authority may deny assistance: Current If the family currently owes rent or other amounts to the Housing Authority or to another Housing Authority in connection with Section 8 or public housing assistance under the 1937 Act. If the family currently owes rent or other amounts to the Housing Authority or to another Housing Authority in connection with Section 8 or public housing assistance or any other Federally assisted housing under the 1937 Act (as amended). • Rationale and proposed changes to HCV Section 4.8/ACOP Section 8.4 Must Deny Social Security Number Disclosure (1-Year Period of Ineligibility) (These denial criteria will apply to both our HCV and Public Housing programs): On January 20, 2010, ,the U.S. Department of Housing and Urban Development issued Notice PIH 2010-3 (HA): Guidance -Verification of Social Security Numbers (SSNs), Social Security SS) and Supplemental Security (SSI) Benefits. This notice explains the procedures public housing agencies are required to use for verifying Social Security Numbers, Social Security Benefits of applicants, participants and household members at the time of application for rental assistance programs and during mandatory reexamination of household income. In accordance with 24 CFR 5.216, applicants and participants (including each member of the household) must disclose his/her assigned Social Security Number. The public housing authority must terminate the assistance of Section 8 program participants (the entire household) and terminate the tenancy of Public Housing participants (the entire household) if the head of household (including each member of the household required to disclose his/her SSN) does not disclose his/her SSN and provide the required documentation. In accordance with these HUD mandated changes; the Iowa City Housing Authority will incorporate HUD's new income/asset/document verification tables into our HCV/ACOP plans. Must Deny 1-Year Period of Ineligibility: Current Polic Yro osed Yohc N/A 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 Rationale and proposed changes to HCV Section 5.1/ACOP Section 10.0 Family/Tenant Selection Criteria: On November 27, 2006, the Iowa City Housing Authority adopted a residency preference for admission to the HCV and Public Housing programs. Our primary applicant pool was comprised of elderly or disabled or families with children under the age of 18 who are residents (have a legal domicile) in the Iowa City Housing Authority jurisdiction (Johnson, Iowa, and part of Washington County, Iowa). While we have never exhausted this pool of applicants, we are proposing the following changes to ensure residents in our jurisdiction have a higher priority than SRackis Page 2 2/23/2010 non-residents and the current policy of keeping single, non-elderly, non-disabled families in the lowest preference category: Current Preference Categories Proposed Preference Categories Result A. Displaced: Individuals or families A. Displaced: Individuals or families No displaced by government action or whose displaced by government action or Change dwelling has been extensively damaged or whose dwelling has been extensively destroyed as a result of a disaster declared damaged or destroyed as a result of a or otherwise formally recognized pursuant disaster declared or otherwise formally to federal disaster relief laws; recognized pursuant to federal disaster relief laws; B. Elderly, or disabled families, or families B. Elderly, or disabled families, or No with children under the age of 18 or who families with children under the age of Chan e are residents (have a legal domicile) in 18 or who are residents (have a legal the Iowa City Housing Authority domicile) in the Iowa City Housing 'urisdiction; Authori 'urisdiction; C. Elderly, or disabled families, or families C. Adult families (2 or more household Ch_ anQe with children under the age of 18 or who members) with no children under ] 8 are not residents (do not have a legal years of age who are residents (have a domicile) in the Iowa City Housing legal domicile) in the Iowa City Authori 'urisdiction; Housin Authori 'urisdiction; D. Adult families (2 or more household E. Elderly, or disabled families who are Chan e members) with no children under 18 years not residents (do not have a legal of age who are residents (have a legal domicile) in the Iowa City Housing domicile) in the Iowa City Housing Authority jurisdiction; Authori 'urisdiction E. Adult families (2 or more household F. Families with children under the age Chan e members) with no children under 18 years of 18 or who are not residents (do not of age who are not residents (do not have have a legal domicile) in "the Iowa City a legal domicile) in the Iowa City Housing Housing Authority jurisdiction; Authori 'urisdiction F. Single, non-elderly, non-disabled G. Adult families (2 or more household Change families with no children under 18 years of members) with no children under 18 age who are residents (have a legal years of age who are not residents (do domicile) in the Iowa City Housing not have a legal domicile) in the Iowa Authori 'urisdiction. Ci Housin Authori 'urisdiction G. Single, non-elderly, non-disabled H. Single, non-elderly, non-disabled Change families with no children under 18 years of families with no children under 18 age who are not residents (do not have a years of age regardless of residency. legal domicile) in the Iowa City Housing Authorit 'urisdiction HCV applications are processed, in order, preference category; then date and time of application; Public Housing, applications are processed, in order, by the preference category then date and time of application and by the family's eligibility for the bedroom size of the vacant unit. SRackis Page 3 2/23/2010 • Rationale and proposed changes to HCV Section 5.1 Family/Tenant Selection Criteria - Special Admissions: As of 1/28/2010, the Iowa City Housing is assisting 42 elderly and/or disabled families with HOME Investment Funds granted through the State of Iowa and the City of Iowa City. Rather than transitioning these families when they reach the top of the HCV waiting list, we proposed transitioning the families to the HCV program when funds providing their rental subsidy are depleted or exhausted. Current Special Admissions Proposed Special Admissions Result Families referred by the Department of Families referred by the Department of No Human Services (DHS) for the Family Human Services (DHS) for the Family Change Unification Program. Unification Program. Families referred by the Mid Eastern Families referred by the Mid Eastern No Council on Chemical Abuse (MECCA). Council on Chemical Abuse (MECCA). Change Public housing tenants who have resided in Public housing tenants who have No their Public Housing unit longer than 1 resided in their Public Housing unit Change year and whose total tenant payment is longer than 1 year and whose total higher than $499 (See Section 19 tenant payment is higher than $499 Homeownership). (See Section 19 Homeownership). If HOME Investment Funds received Change from the State of Iowa and City of Iowa City to provide Tenant-Based-Rental- Assistance are depleted, participating families will be admitted into the HCV ro ram. • Rationale and proposed changes to HCV Section 14.0/ACOP Section 20.2 Must Terminate Social Security Number Disclosure (1-Year Period of Ineligibility) (These termination criteria will apply to both our HCV and Public Housing programs): On January 20, 2010, the U.S. Department of Housing and Urban Development issued Notice PIH 2010-3 (HA): Guidance -Verification of Social Security Numbers (SSNs), Social Security SS) and Supplemental Security (SSI) Benefits. This notice explains the procedures public housing agencies are required to use for verifying Social Security Numbers, Social Security Benefits of applicants, participants and household members at the time of application for rental assistance programs and during mandatory reexamination of household income. In accordance with 24 CFR 5.216, applicants and participants (including each member of the household) must disclose his/her assigned Social Security Number. The public housing authority must terminate the assistance of Section 8 program participants (the entire household) and terminate the tenancy of Public Housing participants (the entire household) if the head of household (including each member of the household required to disclose his/her SSN) does not disclose his/her SSN and provide the required documentation. SRackis Page 4 2/23/2010 While the Housing Authority's existing policies were in compliance with this directive, we will modify and add HUD's new document verification tables into our HCV/ACOP plans. Must Terminate 1-Year Period of Ineligibility: Current Polic Yro osed Youc N/A 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 termination of assistance • Rationale and proposed changes to HCV Homeownership Section 19.7: Currently, the Housing Authority recalculates rents based on increases in earned income only at the client's annual review. This change makes the policy regarding interim reexaminations for all increases in earned and unearned income consistent with the HCV rental assistance policy. r......,._a n,.s,.., PrnnncPrl Pnlirv Increases in household income will only be Interim reexaminations based on increases in processed at the annual reexamination; unless, earned and unearned income will be processed. Interim Reexaminations. At any time, the family may request an interim determination of family income or composition because of any changes since the last determination. The PHA must make the interim determination within a reasonable time after the famil re uest. * Social Security cost of living increases will be * Social Security cost of living increases will rocessed at annual review only. be rocessed at annual review onl . • Rationale and proposed changes to ACOP Interim Reexaminations Section 15.5: Due to current and projected budget constraints, the Housing Authority must take steps to increase rental collections and is opting to conduct interim reexaminations for all increases in earned and unearned income: !`~~.-.~on* Pnlirv Prnnnced Policy Interim reexaminations based on an increase in Interim reexaminations based on increases in unearned income will be processed.* Interim earned and unearned income will be reexaminations based on an increase in earned processed. income will only by processed if the gross family income (earned and unearned), annualized, exceeds 80% of the median income as defined for the family size by HUD. The family must continue to report all changes in income within 10 da s of the occurrence. * Social Security cost of living increases will be * Social Security cost of living increases will rocessed at annual review onl be rocessed at annual review onl . SRackis Page 5 2/23/2010 ~~ ~ 9 Prepared by: Steven J. Rackis, ICHA Administrator 410 E. Washington St., Iowa City, IA 52240; 319-887-6065 RESOLUTION NO. 10-60 RESOLUTION ADOPTING THE AMENDED 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). WHEREAS, the proposed amendments to allow denial and termination for owing money to any federally assisted housing program, to create a distinct, two-tiered resident and non-resident preference list, to confirm that the Housing Authority must terminate or deny for failing to provide social security numbers, and to require interim re-examinations should be adopted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The HCV Administrative Plan, with amendments, be adopted as the policy of the Iowa City Housing Authority; and, 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 2nd day of March , 20_],~ ATTEST: ~c~,J l.~ti1/ CITY ERK /~'sd'~--~v MAYOR Approved by S~ City Attorney's Office It was moved by Bailey and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x X ~_ x x ~_ x Bailey Champion Dickens Hayek Mims Wilburn Wright HisassUres/3-2-10acop res.doc ~ti ~ -~ ~ - - 10 Prepared by: Kumi Morris, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 RESOLUTION NO. 10-61 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE EAST SIDE RECYCLING CENTER PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not more than 45 days before the date for filing the bids, for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 2:00 p.m. on the 15~' day of April, 2010. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meetin~, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 20 day of April, 2010, or at a special meeting called for that purpose. Passed and approved this 2nd day of March 20 10 MAYOR ~ L~~~ ATTEST: J CIT LERK Approved by [clD7iT~ ~~ City Attorney's Office a~~to~~v pwengVes/esrecycctr appp&s.doc 2/10 Resolution No. 10-61 Page 2 It was moved by Wright and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: x X ~_ x x ~_ x NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright wpdata/glossarylresolution-ic.doc ~`'w T+~tarch 2 , 201 ~ The City Council of Iowa City, Iowa, met in regular session, in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 7 : o0 o'clock P .M., on the above date. There were present Mayor xa~ek , in the chair, and the following named Council Members: Bailey, Champion, Dickens, Aayek, Mims, Wilburn, Wright Absent: None ********** -1- The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the authorization of a Loan Agreement and the issuance of not to exceed $17,750,000 Sewer Revenue Capital Loan Notes, Series 2010, in order to provide funds to pay costs of the refunding of outstanding sewer revenue indebtedness, including the Series 2001 Sewer Revenue Bonds, dated December 1, 2001, and the Series 2002 Sewer Revenue Refunding Bonds, dated April 1, 2002, and that notice of the proposed action by the Council to institute proceedings for the authorization of the Loan Agreement and the issuance of the Notes, had been published pursuant to the provisions of Sections 384.24A and 384.83 of the City Code of Iowa, as amended. The Mayor then asked the Clerk whether any written objections had been filed by any city resident or property owner to the proposal. The Clerk advised the Mayor and the Council that no written objections had been filed. The Mayor then called for oral objections to the proposal 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- 11 The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member Wi 1 born introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $17,750,000 SEWER REVENUE CAPITAL LOAN NOTES, SERIES 2010" and moved: ® that the Resolution be adopted. ^ to ADJOURN and defer action on the Resolution and the proposal to institute proceedings to the meeting to be held at o'clock .M. on the day of 2010, at this place. Council Member Mims seconded the motion. The roll was called and the vote was, AYES: Champion Dickens Hayek, Mims, Wilburn, NAYS: None Whereupon, the Mayor declared the measure duly adopted. Resolution No. 10-62 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $17,750,000 SEWER REVENUE CAPITAL LOAN NOTES, SERIES 2010 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 authorization of a Loan Agreement and the issuance of not to exceed $17,750,000 Sewer Revenue Capital Loan Notes, Series 2010, for the purpose of paying costs of the refunding of outstanding sewer revenue indebtedness, including the Series 2001 Sewer Revenue Bonds, dated December 1, 2001, and the Series 2002 Sewer Revenue Refunding Bonds, -3- dated April 1, 2002, and has considered the extent of objections received from residents or property owners as to the proposal 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 THF, CITY OF IOWA CITY, IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the authorization of a Loan Agreement and issuance in the manner required by law of not to exceed $17,750,000 Sewer Revenue Capital Loan Notes, Series 2010, for the foregoing purpose. PASSED AND APPROVED this 2nd day March , 2010. /.~~?o Mayor ATTEST: _ i~~~~ 75 9"C~~Lr~ Clerk -4- ,~~ ,~. ~, .. March 2 , ~~ ~ O Electronic bids were received in the Public Financial Management office at 2600 Grand Ave, Des Moines, Iowa at 10:00 o'clock A.M., on the above date, to open sealed bids received, access electronic bids and to refer the sale of the notes to the best and most favorable bidder for cash, subject to approval by the City Council at 7 :00 o'clock P.M. on the above date. The following persons were present: Jon Burmeister ******** -5- This being the time and place for the opening of bids for the sale of $ 16,025,000 Sewer Revenue Refunding Capital Loan Notes, the meeting was opened for the receipt of bids for the notes. The following actions were taken: Sealed bids were filed and listed in the minutes while unopened, as follows: Name & Address of Bidders: 2. The Finance Director then declared the time for filing of sealed bids to be closed and that the sealed bids be opened. The sealed bids were opened and announced. 3. Electronic bids received were accessed and announced as follows: Name & Address of Bidders: Piper Jaffray Minneapolis, MN Robert W. Baird & Co, Inc. Milwaukee, WI Hutchinson, Shockey, Eriey & Co. Chicago, IL D.A. Davidson & Co. Denver, CO Wachovia Bank, National Assoc. Charlotte, NC Stifel Nicolaus ~ Co, Inc. Denver, CO BMO Capital Markets Chicago, IL UBS Financial Services Inc. New York, NY 4. The best bid was determined to be as follows: Name & Address of Bidder: Piper Jaffray of Minneapolis, MN Net Interest Cost: $ 2,071,271.04 True Interest Rate: 2.6106 All bids were then referred to the Council for action in accordance with the Notice of Sale. -6- Marsh ~ ,ZOlU The City Council of Iowa City, 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: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright Absent: None ******* -7- Council Member Bailey introduced the following Resolution entitled "RESOLUTION DIRECTING SALE OF $15,080,000 SEWER REVENUE REFUNDING CAPITAL LOAN NOTES," and moved its adoption. Council Member wilburn seconded the motion to adopt. The roll was called and the vote was, AYES: Dickens, Hayek, Mims, Wilburn, Wright, Bailey, Champion NAYES: Whereupon, the Mayor declared the following Resolution duly adopted: Resolution No. 10-63 RESOLUTION DIRECTING SALE OF $15,080,000 SEWER REVENUE REFUNDING CAPITAL LOAN NOTES WHEREAS, pursuant to notice as required by law, bids have been received at public sale for the notes described as follows and the best bid received is determined to be the following: $15,080,000 SEWER REVENUE REFUNDING CAPITAL LOAN NOTES: Bidder: PiRer Jaffray of Minneapolis, MN the terms of the bid being: Purchase Price: $15.914,663.52 True Interest Rate: 2.6106 Net Interest Cost: $ 2,071,271.04 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: -s- Section 1. That the statement of information for bidders and the form of contract for the sale of the notes are hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. Section 2. That all acts of the Clerk done in furtherance of the sale of the notes are hereby ratified and approved. PASSED AND APPROVED, this 2nd day of March , 2010. Mayor ATTEST: ~- City erk -9- 12 Council Member _ introduced the following Resolution entitled "RESOLUTION DIRECTING SALE OF $ SEWER REVENUE REFUNDING CAPITAL LOAN NOTES," and moved its adoption. Council Member seconded the motion to adopt. The roll was called and the vote was, AYES: NAYS: Whereupon, the Mayor de lared the following solution duly adopted: RESOLUTION DI CTING SALE $ SEWER REVENUE FUNDING APITAL LOAN NOTES WHEREAS, pursuant to notice s requ' ed by law, bids have been received at public sale for the notes described as fo low and the best bid received is determined to be the following: $ SEWER REVENJIlE~ZEFUNDING CAPITAL LOAN NOTES: Bidder: the terms of the bid being: Purchase Price: $ True Interest Rate: Net Interest Cosl'~ $ of NOW, THE~FORE, BE IT RESOLVED BY THE CITY COtTNCIL OF THE CITY OF IOWA CITY, IOWA: -8- Section 1. That the statement of information for bidders and the form of contract for the sale of the notes are hereby approved and the Mayor and Clerk are authorized to execute the same or ' ' - , r _ r ~,_ _ ~.. ~ _ Section 2. T hereby ratified and PASSED AT ATTEST: City Clerk t -9- TABULATION OF BIDS ~ /~ City of Iowa City, Iowa $16,025,000* Sewer Revenue Refunding Capital Loan Notes, Series 2010A Award• PIPER JAFFRAY & CO. RATINGS: Moody's Investors Service `A1' SALE DATE: Tuesday, March 2, 2010 COUPON NET INTEREST COST NAME OF BIDDER RATE YEAR & TRUE INTEREST RATE PRICE PIPER JAFFRAY & CO. Minneapolis, Minnesota ROBERT W. BAIRD & CO., INC. Milwaukee, Wisconsin COASTAL SECURITIES, INC. Houston, Texas C.L. KING & ASSOCIATES New York, New York CHARLES SCHWAB & CO., INC. San Francisco, California DAVENPORT & CO., LLC Richmond, Virginia LOOP CAPITAL MARKETS, LLC New York, New York KILDARE CAPITAL Philadelphia, Pennsylvania SAMCO CAPITAL MARKETS, INC. Houston, Texas CRONIN & CO., INC. Minneapolis, Minnesota COUNTRY CLUB BANK, N.A. Kansas City, Missouri HUTCHINSON, SHOCKEY, ERLEY & CO. Chicago, Illinois 3.00% 2011-2013 4.00% 2014-2020 3.00% 2011-2017 3.25% 2018-2019 3.375% 2020 2.00% 2.50% 3.00% 3.50% 2011-2014 2015 2016-2017 2018-2020 $2,222,163.86* $16,911,968.36* 2.6197%* $2,208,697.27 $16,366,015.51 2.6750% $2,297,816.24 2.7956% $16,140,578.20 * Subsequent to the receipt of bids, the City decreased the aggregate par amount of the Notes to $15,080,000.00. The resulting Purchase Price decreased to $15,914,663.52, the True Interest Cost decreased to 2.6106% and the Net Interest Cost decreased to $2,071,217.04. ~~ ICI- ~g The PF1Vi Group 2600 Grand Avenue, Suite 214 Des Moines, Iowa 50312 (515)243-2600 $16,025,000* Sewer Revenue Refunding Capital Loan Notes, Series 2010A City of Iowa City, Iowa Tuesday, March 2, 2010 Page 2 COUPON NET INTEREST COST NAME OF BIDDER RATE YEAR & TRUE INTEREST RATE PRICE D. A. DAVID50N & CO., INC. Denver, Colorado NORTHLAND SECURITIES, INC. Minneapolis, Minnesota WACHOVIA BANK, N.A. Charlotte, North Carolina 5TIFEL, NICOLAUS & CO., INC. Denver, Colorado FIR5T SOUTHWEST COMPANY Dallas, Texas OPPENHEIMER & CO. INC. New York, New York KEY BANC CAPITAL MARKETS Cleveland, Ohio BMO CAPITAL MARKETS GKST INC. Chicago, Illinois 2.00% 2.25% 2.50% 3.00% 3.25% 3.375% 2.00% 2.50% 3.00% 3.25% 4.00% 2.00% 2.25% 2.50% 3.00% 3.25% 3.50% 4.00% 2011-2014 2015 2016 2017-2018 2019 2020 2011-2015 2016 2017-2018 2019 2020 2011-2012 2013-2014 2015 2016 2017 2018 2019-2020 $2,308,413.70 2.8338% $2,332,854.97 2.8510% $2,399,718.24 2.9027% $15,968,292.55 $16,022,540.45 $16,224,367.59 2.50% 2.75% 3.00% 3.50% 3.75% 4.00% 2011-2013 2014 2015 2016-2017 2x18 2019-2020 UBS FINANCIAL SERVICES INC. 2.00% 2011-2013 New York, New York 2.25% 2014 2.50% 2015 4.00% 2016-2020 $2,561,601.86 3.0995% $2,632,333.76 3.1883% $16,266,840.50 $16,185,867.35 ~~~ `~ The PC1N Group :.. «~. SAVINGS City of Iowa City, Iowa Sewer Revenue Refunding Capital Loan Notes, Series 2010A Assumes City will make the July 1, 2010 P&I payment Refunding of the Series 2001 and 2002 Bonds Date Prior Debt Service Refunding Debt Service Savings Annual Savings Present Value to 04/15/2010 @ 2.4752319% 01/01/2011 360,697.50 382,755.56 (22,058A6) (21,(175.54) 07/01/2011 3,370,697.50 2,949,125.00 421,572.50 399,514.44 409,197.51 01/01/2012 300,497.50 228,925.00 71,572.50 68,622.26 07/01/2012 3,280,497.50 2,978,925.00 301,572.50 373,145.00 285,606.85 01/01/2013 239,407.50 187,675.00 51,732.50 48,394.77 07/01/2013 1,314,407.50 1,252,675.00 61,732.50 113,465.00 57,043.60 01/01/2014 215,220.00 171,700.00 43,520.00 39,722.82 07/01/2014 1,345,220.00 1,276,700.00 68,520.00 112,040.00 61,776.97 01/01/2015 189,795.00 149,600.00 40,195.00 35,796.40 07/01/2015 1,369,795.00 1,299,600.00 70,195.00 110,390.00 61,749.24 01/01/2016 163,245.00 126,600.00 36,645.00 31,841.85 07/01/2016 1,403,245.00 1,301,600.00 101,645.00 138,290.00 87,242.41 01/01/2017 135,035.00 103,100.00 31,935.00 27,074.89 07/01/2017 1,435,035.00 1,318,100.00 116,935.00 148,870.00 97,926.97 01/01/2018 104,972.50 78,800,00 26,172.50 21,650.16 07/01 /2018 1,474,972.50 1,348,800.00 126,172.50 152,345.00 103,095.26 01/01/2019 72,435.00 53,400.00 19,035.00 15,363.32 07/01 /2019 1,512,43 5.00 1, 363,400.00 149,035.00 168,070.00 118,816.96 01/01/2020 37,875.00 27,200.00 10,675.00 8,406.52 07/01 /2020 1,552,875.00 1,387,200.00 165,675.00 176,350.00 128,873.41 19,878,360.00 17,985,880.56 1,892,479.44 1,892,479.44 1,686,526.61 Savings Summary Dated Date 04/15/2010 Delivery Date 04/15/2010 PV of savings from cash flow 1,686,526.61 Less: Prior funds on hand (400.000.00) Plus: Refunding funds on hand 4,528.24 Net PV Savings 1,291,054.85 Mar 2, 2010 11:15 am Prepared by Public Financial Management, Inc. (Finance 6.015 Iowa City:SEWER-REF0102,2010A) Page 5 M~ r'_~ March 2 ,2010 The City Council of Iowa City, Iowa, met in regular session, in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 7 ; pp o'clock P .M., on the above date. There were present Mayor Hayek , in the chair, and the following named Council Members: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright Absent: None ~***~*** -10- 03-02-10 13 Council Member Bailey introduced the following Resolution entitled "A RESOLUTION AUTHORIZING THE REDEMPTION OF OUTSTANDING SEWER REVENUE BONDS, DATED DECEMBER 1, 2001, AND SEWER REVENUE REFUNDING BONDS, DATED APRIL 1, 2002, AND DIRECTING NOTICE BE GIVEN" and moved its adoption. Council Member Wilburn seconded the motion to adopt. The roll was called and the vote was, AYES: Hayek, Mims, Wilburn, Wright, Bailey, Champion Dickens NAYS: Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 10-64 RESOLUTION AUTHORIZING THE REDEMPTION OF OUTSTANDING SEWER REVENUE BONDS, DATED DECEMBER 1, 2001, AND SEWER REVENUE REFUNDING BONDS, DATED APRIL 1, 2002, AND DIRECTING NOTICE BE GIVEN WHEREAS, the City did, by resolution dated November 27, 2001, authorize the issuance of $10,250,000 Sewer Revenue Bonds, dated December 1, 2001; and WHEREAS, the Bonds are redeemable in any order of their numbering on any interest 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 all of the Bonds in the amount of $10,250,000, maturing July 1, 2013, through and including July 1, 2020, be so redeemed on July 1, 2010, and notice of redemption be given; and WHEREAS, the City also did, by resolution dated March 19, 2002, authorize the issuance of $25,785,000 Sewer Revenue Refunding Bonds, dated April 1, 2002; and WHEREAS, the Bonds are redeemable in any order of their numbering on any interest date thereafter upon giving notice in the manner provided in the resolution authorizing the issuance of the Bonds; and -11- WHEREAS, it is deemed necessary and advisable that $5,990,000 of the Bonds maturing July 1, 2011, and July 1, 2012, be so redeemed on July 1, 2010, and notice of redemption be given. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That outstanding Sewer Revenue Bonds, dated December 1, 2001, in the principal amount of $10,250,000 be and the same are hereby redeemed as of July 1, 2010. Section 2. That outstanding Sewer Revenue Refunding Bonds, dated April 1, 2002, in the principal amount of $5,990,000 be and the same are hereby redeemed as of July I, 2010. 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 3. 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 Series 2001 and Series 2002 Bonds to the date of redemption. Section 4. That the form of each notice be substantially as follows: -12- 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: Iowa City, Iowa Original Issue Amount: $10,250,000 Bond Issue: Sewer Revenue Bonds, Series 2001 Dated Date: December 1, 2001 Redemption Date: July 1, 2010 Redemption Price: CUSIP Bond Numbers Numbers Par, plus accrued interest Bonds Called for Redemption Interest Principal Rate Amount 462362 JM7 1 4.500% $1,075,000 462362 JNS 2 4.500% $1,130,000 462362 JPO 3 4.500% $1,180,000 462362 JQ8 4 4.550% $1,240,000 462362 JR6 5 4.625% $1,300,000 462362 JS4 6 4.750% $1,370,000 462362 JT2 7 4.800% $1,440,000 462362 JU9 8 5.000% $1,515,000 Maturity July 2013 2014 2015 2016 2017 2018 2019 2020 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 the City Controller, City Hall, 410 E. Washington Street, Iowa City, Iowa, 52240-1826. 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) -13- NOTICE OF THE CALL OF BONDS FOR REDEMPTION TO THE HOLDEKS 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: Iowa City, Iowa Original Issue Amount: $25,785,000 Bond Issue: Sewer Revenue Refunding Bonds, Series 2002 Dated Date: April 1, 2002 Redemption Date: July 1, 2010 Redemption Price: Par, plus accrued interest Bonds Called for Redemption CUSIP Bond Interest Principal Maturity Numbers Numbers Rate Amount Jules 462362 KDS 9 4.00% $3,010,000 2011 462362 KE3 10 4.10% $2,980,000 2012 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 the City Controller, City Hall, 410 E. Washington Street, Iowa City, Iowa, 52240-1826. 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) -14- PASSED AND APPROVED this 2nd day of March 2010. ~ ~' SQ Mayor ATTEST: ~5 City k -15- ^~+,~ i a Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240; 319-356-5053 RESOLUTION NO. 10-65 RESOLUTION ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2011. WHEREAS., a public hearing on the proposed budget for the fiscal year ending June 30, 2011, was held on February 16, 2010, at a regularly scheduled City Council meeting and public comments were received. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The annual budget for the fiscal year ending June 30, 2011, as set forth in the Adoption of Budget and Certification of Taxes and on the Adopted Budget Summary, together with the detailed budget in support thereof showing revenue estimates, appropriation expenditures, and program allocations for said fiscal year should be and hereby is adopted. 2. The. City Clerk is hereby directed to make the filings required by law, and to set up the books in accordance with the summary and details, as adopted. Passed and approved this 2nd day of March , 2010. MAYOR ATTEST: _ `~'~.~'_e'~~t CITY RK Ap oved by ~-~- % t7 City Attorney's Office It was moved by Mims and seconded by Wrif~ht the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey ~_ Champion ~_ Dickens ~_ Hayek _~ Mims _~ Wilburn ~_ Wright fi nad m\res\annl bdgt-2011.doc ~W os Form 635.1 Department of Management . . X 52-483 Adoption of Budget and Certlflcatlon of Clty Ta es FISCAL YEAR BEGINNING JULY 1, 2010 -ENDING JUNE 30, 2011 The City of: Iowa City County Name: ~oHrgsoN Date Budget Adopted: 03/02/10 ~~.- At a meeting of the City Council, held after the pudic hearing as required by law, ae specif ed above, the proposed budget was adopted as summarized and atlached hereto, antl tax levies, as Itemized below, were approved for all taxable property o/this Clty. Thee Is atlached a Long Term Oebt Schedule Form 703 for the debt service neetls, If any. (319)356-5041 abo~.,a N„ma. srenam isi::::Gi:::G:Giii:iG::::::::::::i:i:::::::iii::Lii:i::i::i:::i:::::i:::::isii::::is::::::::5:::::::isiG:i:::fiiii:L:ili:G:i:::i:::i:i:ii:::i:iiiG::i:::iii:L::iRi:iii::i::::i::9:ii:iiii:::i:G::i::i:iGii::iii:::i:i:i::i: County Auditor Date Stamp January 1, 2009 Property Valuations With Gas & Electric Without Gas 8 Electric Last oRCial census Regular xa 2,731,041,904 zb 2,684,708,696 sz,36o DEBT SERVICE 3a 2,756,450,745 3b 2,710 117,537 Ag Land as 1,534,056 „? ie^d: S,IE~e•9l.'se i°iE:~'~~Eli. ail ~a:iiiiaiaiiYiiii~ii~Gia:aiiiiGGiaiaiiaaiii:iiii6aiaiaiia'Kiaii ' -iifiiaa::aiuiiiiiaiia:iaiiiiiiiiaiii:iaiiai:i:aiii'i -i-iiiiaaiia6awKaaiiid • i l i:l:ua~l IP :ele it ~ f: °e ? N. • ~ ~~ fi :J n•a TAXES LEVIED (A) IBI IC3 Code Dollar Request with Property Taxes Sec. Limit Purpose Utility Replacement Levied Rate 'ltatlSlii!!!ialliota.tt!lltttllLtaaait!!t!!!:llttilalil.....ltltl.tttlSa..ttat°lal:atttatttttalitllt33i:ltli!!!!!tllSStltttti~ ttattltt!!t!!ttlltttta!!!t!! tt°ll::7ilt:!!!!!°llttttlitll°aaltlai!!!!lttllttltlpalttiti! 3ga., s.toooo Regular General levy s 22,121,439 ~ "? _"46,140 a3 8.10000 :;:i::::a:ai;;;u;:;SCFCSt;i;;t;i;a;;itCiRtt;;itii;;;d07lRi;ti;i7 ;i i iai;;;_; i:it;i:fk~i~ i i • a°. °i~° ° a to a i e t~~ ' (3ea1 Non-Voted Other Permissible Levees :sill . ...l ? aie 9 = e.. a t 3f}~° ~~ ii~: lll-~°•i? i?iiEt?ee .~~~ ~ ?? ?~ 4iF; ~ $e! 1z(a) os~soo Contract for use of Bridge s ~~ege s _ _ 0 t~ ~ as 0 +z(,o) 0.95000 Opr & Maint publicly owned Transit ~ 2,594 490 a. ee?la~ 2,550,473 ~e~ as 0 95000 -- ! a: --- -- --- +z(1 a Amt Nec Rent, Ins. Maint of Civic Center a !~ a°tea 0 e??i as 0 zt, zl o., 3soo Opr & Maint of City owned Civic Center s ~ i 0 • ~~ az 0 1z(,al oo6TSO Planning a Sanitary Disposal Project +o ,e: a ~. 01 ••~~ ag 0 ,z(,a) D.zyooc Aviation Authority (under sec.330A.15) ++ ? !?!~ i,ay 0 9 ! as 0 ,znsl Amt Nec Joint city-county building lease u ; l ° }~ I 0?e•~ so D ,zns) oos~so Levee Im r. fund ins ecial charter cit ,3 ~~1~•el"'° ~, P P Y 'sill ?? ' 0 •' s, 0 ,z(,a) Amt Nec Liability, property & self insurance costs ,a 1,137,811 i~ "• °"= 1,118,503 =i?• sz 0.41662 1z(zz) Amt Nec Su ort of a Local Emer .M mt.Comm. asz ie?? Eel: 0:- ,~ ass 0 •e s •es•• s t i••s aas i. e s ae •s s: (3ga1 Voted Other Permissible Levies ;,s;;3E,s ~?;~ ~;sss ;.,;tlt ;see?= ~e57; ; s.tp ,: 3 ; Ih; ses?j? ?eiS6; ;R;; il,g,#,e •e,lli tili~i„? ,z(+) o,3soo InstrumentalNocal Music Groups ,s _a~,e; l.lt 02;3i~ s3 0 u(zJ oglDOO Memorial Building ,s iaali° eel: pe•ee sa 0 tz(31 o.,3soo Symphony Ofchestra n ;; ? ~;I __ Oa,~ ss 0 i3 !- -- ii +Z(a) ozzooo Cultural & Scientific Facilities ,e g °l.l 0 •ey ss 0 -- - ~ ..• +ztsl As Voted County Bridge +s _ _ 0:3°i . sz _- _- ~ 0 +z(g) , 3sooo Missi or Missouri River Bridge Const. zo l:? el~~~ 0, i ;e sa 0 1z(sl o o33zs Aid to a Transit Company z+ !::a2isE!?i 0 s:ele ss 0 ,zlnl ozosoo Maintain Institution received by gifUdevise zz °ia9ag•g! 0?e"•ue? so 0 ,zh9i 1 00000 City Emergency Medical District as3 ~ ~i~ 0 ~~°~ ass 0 lzlzt) orooo Support Public Library z3 737,381 ~~ i4e ! 724,871 ,ee ~~ s+ 0.27000 zse.zz 1 :0000 Unified Law Enforcement za ?? ~'~~~~~ 0 j~°Eisz3, 0 Total General Fund Regular Levies (5 thru 24) zs 26,591,121 eileeeee?ea 26,139,987 ~~?~?ei°~l;~te €;,~~~??? ~???gie?ii 3aa.+ 3.oo3TS A Land zs 4 608 s ;~ _ _ 4 608 •9 s3 3.00375 Total General Fund Tax Levies (25+ 26) zz 26,595 729 sell give: 26,144 595,e;:ei°lal oeNotAdd Special Revenue Levies ;;;;j3ae;,p !- , _ '~' l~s s a..l:?l'e? u,~ :a, ;.?;, _;, ; ° T €e 1 e~,,;9 ;;:;j~;iz? ; , .~~i1,=_9?; . ,;.._ l la.eC.. 3gq,g ozTOOO Emergency (if general fund at levy limit) zg ;=s:ei~i 0?•l€• ` sa 0 3aa,s Amt Nec Police & Fire Retirement zs 1 456 410 ~:e6lt er 1.431 701 l;s.i~el lei o.s33za Amt Nac FICA & IPERS (if general fund at levy limit) 30 2,751 463 aei~°~!I 2,704 783 slaSi~ie;l + ooras R,aea Amt Nei Other Employee Benefits 3, 5,573 241°Qe°~;ea _ _ 5,478 689~e•j i, lce z oao7o ___ - __ Total Employee Bene/it Levies (29,30,31) 3z 9,781 114 5lleiei = 9,615 177 le~ • ss 3.58146 Sub Total Special Revenue Levies (28+32) 33 9,781 114 eielr~' 9,615 177?ela~~ ail Ela • ee=ee:e l I Valuation :is:r.:lall •°e?E~•.ilFu1l°33eeelr?eei!°e ?~I 3a6 As Req With Gas B Elec Without Gas & Elec -jeegyi~_!=;§77r.'~.7e~il~i=.l;=~=9l~eiepep~ee,~~?°s~eiF9~e~~~3lEi4e~seFee3li~gi'a:€~9e°:e ~eeleHa ?a3a:e'siel~E ~e i SSMID 1 r~ rer • 3a :~esl ei°~ 0 ei le1 66 0 ssMlo z ,•, _ _ ___ rer 3s ? °:SEIe°a ; 0 ssilei sz 0 - _ _ _ __ SSMID3 rer ra, 3g -- i'eiei °~~.. _ ~~0 allj 88 0 SSMID 4 rAi rer 35a 7~••!~°,'a e. 0 11? 69 0 SSMID 5 ra rer 3sa __ _ ~ ~eal~h____._ _ Oiei~'"C~i? 5s5 _ 0 SSMID 6 r•I - _ rat 37 - --._ • i~~ei _ - _ 0 eiee°e 56s _.0 Total SSMID (34 thru 37) 3a 0 ae a lleSe; 0 Ilel~•eil:e oo Not Add ee'eeiil Total Special Revenue Levies (33+38) 3s 9,781 114?s~e€~'€~i 9,615,177 lie e e : 96es•! ~ ••I ... 3ga.a Amt Nec Debt Service Levy 76.10(6) ao 12,234,430 ao 12,028 775 eiee zo 4 43847 ___ _ _- - 3aa.T oszsoo Capital Projects (Capital Improv. Reserve) a, a1 Os °s2? ~+ _ 0 e.sl: Total Property Taxes (27+39+40+41) az 48,611,273 az 47,788,547?e€ee? n 17.75655 COUNTY AUDITOR - I certify the budget is in compliance with ALL the following: Budgets that DO NOT meet ALL the criteria below are not statutorily compliant & must be returned to the city for correction. 1) The prescribed Notice of Public Hearing Budget Estimate (Form 631.1) was lawfully Dublished. or posted If applicable, and notarized, fled proof was evidenced 2) Budget hearing notlces were published or posted not less than 10 days, nor more than 20 days, prior to the budget hearing. 3) Adopted properly taxes do not exceed published or posted amounta. 4) Adopted expendtures do not exceed published or posted amounts in each of the nine program areas, or In total. 5) The budget fee uploaded to the SUBMIT Area matched the paper copy certified by the city fo this oKCe. co,.~ry nwunl N~ ICL L N H W O m W a 0 Q U 3 0 u. 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N a } " c aci a~i u =O 7 N Q U O C y o y i ~ g - c U F LL Z E = a= v ~ ~ o ` ~ ~ a a = d ~ } O O •~ Y m < r u ~ y ~ LL ~ ~ _ O ~ N u _ o 0 w r L LL O y ~ ti ~ a i O + Q. y N ~ d O LL m y LL d ~ W d ~ O } C O N g g - o - 0 - 0 - 0 = 0 = 0 - 0 - 0 - 0 - 0 - ° - 8 _ ~ ~ _a LL ~ w o 0 C ~ N a` ~ d U a ' ' 8 g 8 H ~ _ o v V ~ g r g ~ ~ g g O y Q E N E ~ ~ ~~ ~ O z 2 f ~ N a` 8 8 8 8 8 8 8 $ 8 8 8 8 c O ° - ~ - v'~i - - `~° ~ ° 8i o $ °e C ~ > > m O y E y Q °' ~ E ,~ m° z u Q _ 3 ~ 8 w ' ~ g o a 8 ° a' a' ~ ~ a' a' a' Q O o ~ ~ ~ ~ O ~ O Q O Q ~ ~ ~ O i LL ~I ~i iIF CITY OF Iowa City The Total Outstanding TIF Indebtedness is not used to determine the constitutional debt limit. Indebtedness as defined in Iowa Code Section 384.16, subsection 1, includes any TIF-financed agreement including all remaining payments for any annual appropriation agreements. Include the TOTAL amount for all remaining years of the agreement. Use best estimates for any agreement where the actual amount for future years is not known. Include the total amount of outstanding loans, advances, indebtedness, or bonds outstanding, including interest, at the close of themost recent/v ended fiscal year through the remaining term of the indebtedness, which will be paid from TIF revenues. TOTAL OUTSTANDING TIF INDEBTEDNESS INCLUDING INTEREST OWED ACTUAL 2009 PRINCIPAL on All Bonds Paid with TIF Revenues includin interest to term 9,482,35 TIF Non-Bond Loans & Debt -Owed to Other Entities Self-Financed or Internal Loan TIF Debt Tax Rebatements 8 Other A reements Paid with TIF Revenues TOTAL OUTSTANDING TIF INDEBTEDNESS 9,482,35 TIF Revenues are those moneys paid into the Special Fund created in section 403.19. DO NOT include bond payments made with a Debt Service levy on property Include ONLY debt that is to be repaid from future Tax Increment Financing revenues. All debt and interest should only be listed once. Include rinci al and interest to term in all amounts. HeID with Kebates REBATES OR PAYMENTS TO ENTITIES FROM TAXES FUNDED BY TIF ENTITY NAME (Rebates do not include loans, SRF, project names, etc. See Help page for definition BUDGET 2011 RE-ESTIMATED 2010 ACTUAL 2009 1 AI la of Iowa, Inc. 127,035 98,342 81,557 z Ge Ambrose / Ambrose Develo ment 34,410 34,410 34,600 3 South ate Develo ment Co. 129,930 105,116 105,442 a MGD L. C. 0 343,494 345,398 5 Owens Brockwa 0 0 29,871 6 Mercer 27,499 95,491 115,224 7 United Natural Foods, Inc. 33,098 277,338 278,876 s 9 - 10 11 _ 12 13 14 - 15 1s - _ - - 17 18 19 20 21 22 23 24 25 26 27 28 29 30 __ 31 32 33 34 35 36 _ _ 37 38 39 40 41 _ 42 43 44 45 _ * TOTAL Rebates or Pa ments to Entities 351,972 954,191 990,968 I he"lotai Kebates or rayments appears on me txpenaiwres rages, rce-csi ~xp r~ a ~nr r c, unuci uia ~.viiniiuimy a ~wii ~w~~~N~~~~~~~ ~~~y~a~~ ,,' . I ~ - - 15 Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240; 319-356-5053 RESOLUTION NO. 10-66 RESOLUTION APPROVING THE THREE YEAR FINANCIAL PLAN FOR THE CITY OF IOWA CITY, IOWA, AND THE FIVE YEAR CAPITAL IMPROVEMENTS PROGRAM. WHEREAS, the City Council of the City of Iowa City deems it in the public interest and in the interest of good and efficient government for the City of Iowa City, Iowa, to adopt athree-year Financial Plan for operations and amulti-year Capital Improvements Program budget; and WHEREAS, the three-year Financial Plan and multi-year Capital Improvements Program are subject to annual review and revisions; and WHEREAS, a public hearing was held on February 16, 2010, at a regularly scheduled City Council meeting and public comments were received. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council of the City of Iowa City does hereby adopt the three-year Financial Plan for the Fiscal Years 2011 through 2013 and the multi-year Capital Improvements Program through Fiscal Year 2014. 2. This Resolution is an expression of the Council's legislative intent for planning future operation and capital improvements for the City of Iowa City, Iowa; and the anticipated means of financing said plan, subject to applicable laws. Passed and approved this 2nd day of March , 2010 ~~ '~/ MAYOR ATTEST: ~ t/ CITY ERK Approv by City Attorney's Office fi nad m\res~ n plan-2010.doc Resolution No. 10-66 Page 2 It was moved by Bailey and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x x x x .~- x Bailey Champion Dickens Hayek Mims Wilburn Wright wpdatalglossarylresolution-ic.doc nn-~~ 19 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240-319-356-5030 RESOLUTION NO. 10-67 RESOLUTION ESTABLISHING MOBILE VENDING PERMIT AND AMBULATORY VENDING PERMIT FEES AND RESCINDING RESOLUTION NO. 88-42. WHEREAS, section 10-3-5F provides that fees for mobile vending permits shall be set by resolution, and section 10-5-8B6 provides that fees for ambulatory vending permits shall be set by resolution; WHEREAS, Resolution No. 88-42 established fees for mobile vending and ambulatory vending permits; and WHEREAS, the fee for mobile vending permits should be increased. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: The following fee schedule for mobile vending permits and ambulatory vending permits is established: 1. Mobile Vending Permits a. Annual Fee b. Electricity Hook-Up Fee 2. Ambulatory Vending Permits a. Annual Fee b. One-time Daily Fee $ 875.00 in 2010 $1,000.00 beginning in 2011 $ 15.00 per month $100.00 $ 10.00 Passed and approved this 2nd day of March , 2010. ATTEST: CITY LERK 1V MAYOR Ap ved by ~~o City Attorney's Office Resolution No. 10-67 Page 2 It was moved by Wright and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: x x x x x x X NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright wpdata/glossarylvesolution-ic.doc ~~~ C' Prepared by: Darian Nagle-Gamm, Traffic Engineering Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5254 RESOLUTION NO. 10-68 RESOLUTION AUTHORIZING THE INSTALLATION OF SPEED HUMPS ON SHANNON DRIVE BETWEEN ROHRET ROAD AND ANDREA COURT WHEREAS, the City Council has established a traffic calming program for the City of Iowa City for the purpose of considering neighborhood traffic calming projects; and WHEREAS, the residents of Shannon Drive between Rohret Road and Andrea Court, and the residents of Andrea Court, have gone through the process of considering a traffic calming project according to the City Council's approved procedure; and WHEREAS, a neighborhood survey has been conducted in accordance with the approved traffic calming program, and a 70% majority of the neighborhood has indicated they are in favor of speed humps; and WHEREAS, the City Council finds said proposal to be in the public interest and is consistent with its adopted traffic calming program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The proposal for the installation of speed humps on Shannon Drive between Rohret Road and Andrea Court is hereby approved. 2. City staff is directed to proceed with the installation of speed humps on Shannon Drive and Andrea Court. 3. That the installation will be reevaluated in one year by neighborhood survey in accordance with the City Council's approved procedure. Passed and approved this 2nd day of March , 20 10 ~•- `2il MAYOR ATTEST: ~~ ~rr~ CITY LERK Approved by /7 n Cc DOirt.,. R3~/ 'l~~•/ City Attorney's Office ~a~~i0 ''1 ~ 'i ,~ C:\WINDOWS\Temporary Internet Files\OLKAOE\resolution.DOC Resolution No. _ i 0-68 Page 2 It was moved by Champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: x X ~_ ~- x x x NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright wpdata/glossary/resolution-ic.doc r ~~~ p~~ CITY O F IOWA CITY 20 ~~~~ N~uM MoRA NI E Date: February 15th, 2010 To: City Council From: Darian Nagle-Gamma JCCOG Traffic Engineering Planner Re: Item for March 2"d, 2010 City Council meeting: Proposed traffic calming on Shannon Drive Shannon Drive and Andrea Court residents requested that Shannon Drive be considered for the City's Traffic Calming program. The neighborhood has successfully completed the required steps as outlined by City Council. A traffic study showed that the 85th percentile speeds were between 31 mph and 37 mph, and traffic volumes between 1,134 and 1,488 vehicles per day. Signs were posted along Shannon Drive to solicit public comments about the proposed traffic calming. Comments were also solicited from the City of Iowa City Police, Fire, Transit, and Public Works departments as well as the Johnson County Ambulance Service. No comments were received from these organizations. I received one comment from the general public supporting the proposal and two comments from citizens who oppose it. The attached resolution, if approved, will allow staff to proceed with the installation of speed humps on Shannon Drive between Rohret Road and Andrea Court. cc: Dale Helling Jeff Davidson John Yapp Rick Fosse Ron Knoche Marcia Bollinger S:U000G\TRANS\Traffic Studies\Traffic Calming\Shannon Dr - Oct09\council memo.doc _, r ~~ ~;~'~~` ~ ~' "~®~~~ ~_ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240- 1826 February 17th, 2010 (319) 356-5000 (319) 356-5009 FAX Residents of Shannon Drive and Andrea Court www.icgov.org Re: Survey results for potential traffic calming on Shannon Drive Dear Resident: The City has been working with your neighborhood to develop a traffic calming project in response to neighborhood concerns about traffic speeds on Shannon Drive. A survey of the affected residents of Shannon Drive and Andrea Court was conducted. The survey indicated that 30 households (70%) are in favor and 13 households (30%) are opposed to speed humps. The overall survey response rate was 28%. The City's adopted Traffic Calming program requires that at minimum, 60% of responding households must favor the traffic calming project; therefore the proposal will be forwarded to the City Council for consideration. After a public comment period, final approval will be considered at the March 2"d, 2010 City Council meeting. If approved, the speed humps will be installed during the upcoming warm weather months. One year after installation, we will perform afollow-up traffic study and resurvey the neighborhood. This is to determine if you feel the speed humps have been effective and to gauge whether the neighborhood wishes to keep them in place. Several residents inquired about the effectiveness of installing only two speed humps considering the length of Shannon Drive between Rohret Rd and the raised crosswalk at the trail crossing. There are guidelines for how close speed humps should be from intersections, for spacing between speed humps, and for placement on curvilinear roads. The close proximity of the Irving Avenue and Jacque Street intersections, in addition to the horizontal curvature of Shannon Drive north of Andrea Court, made the placement of speed humps challenging. It was determined that only two humps could be installed within the guidelines. The speed humps, if approved, would be spaced in a way that helps keep speeds near the posted speed limit. The proposed humps would then serve to complement the existing intersection chokers and raised crosswalk at the trail crossing to produce an overall "calmed" effect in the corridor. If you have any comments or questions, please contact me at 356-5254 or darian-nagle- gamm@iowa-city.org. cerely, D n Nagle-Gamm JCCOG Traffic Engineering Planner cc: City Council Bud Stockman Dave Panos Dale Helling John Sobaski Matt Johnson Jeff Davidson Rick Fosse Marcia Bollinger John Yapp Ron Knoche S~,JC;OG'~TRANS\Tr2ff~ SPaCies~T {aicialny`Sha~r~~,^.- lio~~ ~/ DEFEATED 3/2/2010 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240-319-356-5030 RESOLUTION NO. RESOLUTION A HOME ROJECTS AND RESCIND NG RESOLUT ON NO 04-68.ICY FOR CDBG AND WHEREAS, the City of Iowa City receives Community Development Block Grant (CDBG) and HOME funds from the U.S. Department of Housing and Urban Development to assist income eligible residents with housing, jobs, and services; WHEREAS, the City Council has appointed the Housing and Community Development Commission (HCDC) to advise it on the use of HOME and CDBG funds; WHEREAS, recipients of CDBG and HOME funds occasionally are unable to use the funds allocated to them annually by the City; WHEREAS, HCDC has recommended that the City adopt the attached Unsuccessful or Delayed Projects Policy to address those instances in which the recipients are unable to utilize the CDBG and HOME funds or unable to do so on a timely basis; WHEREAS, Council adopted the current Unsuccessful or Delayed Projects Policy in Resolution No. 04-68; WHEREAS, the proposed Unsuccessful or Delayed Projects Policy provides HCDC with more flexibility in addressing these issues; and WHEREAS, it is in the best interest of the public that the City adopt the attached Unsuccessful or Delayed Projects Policy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: The attached Unsuccessful or Delayed Projects Policy is adopted. Resolution No. 04-68 is rescinded. Passed and approved this day of , 2010. MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office DEFEATED Resolution No. Page It was moved by and seconded by adopted, and upon roll call there were: AYES: x X wpdatalglossary/resolution-ic. doc NAYS: ABSENT: the Resolution be Bailey ~ Champion X Dickens ~_ Hayek ~_ Mims Wilburn Wright 3/2/2010 Housing and Community Development Commission Unsuccessful or Delayed Projects Policy Adopted by City Council on March 2, 2010 in Resolution No. 10-_ From time to time there may be Community Development Block Grant (CDBG) and/or HOME Investment Partnership Program (HOME) projects that do not meet the anticipated schedule for implementation as presented to the Housing and Community Development Commission (HCDC). HCDC recognizes the need to utilize CDBG, HOME and other funding as effectively and efficiently as possible to meet the needs of low-moderate income household for housing, jobs and services within Iowa City. To assist HCDC in evaluating a project's status and ability to proceed the following policy is hereby adopted effectively immediately: All CDBG projects will have entered into a formal agreement with the City of Iowa City for the utilization of federal funds by September 30 each year. Should a recipient fail to meet this threshold, the project will be reviewed by HCDC to evaluate if extenuating circumstances exist. HCDC will determine at its sole discretion whether extenuating circumstance exist in each particular case. If extenuating circumstances exist and it is anticipated the project will proceed, a new timeline will be established for the completion of the project. If circumstances do not warrant an extension of time, HCDC may recommend the recapture and re-use of the funds to the City Council. 2. All CDBG projects (except applicants for LIHTCs) will have expended a minimum of fifty percent (50%) of the assistance provided for the proposed project by March 15 each year. This provides the recipient with approximately 255 days following the start of the fiscal year to reach this threshold for CDBG projects. Should a recipient fail to meet this threshold, the project will be reviewed by HCDC to evaluate the timeliness of the project and its ability to proceed. If extenuating circumstances exist, a new timeline for expenditure will be established. If circumstances do not warrant an extension of time, HCDC may recommend the recapture and reuse of the funds to City Council. 3. All HOME recipients have 24 months to enter a written agreement with the City of Iowa City. All HOME funds must be spent within five years. Should a recipient fail to show adequate progress towards meeting the timetable as identified in its housing application or the statutory requirements of the HOME program, the project will be reviewed by HCDC. If a HOME recipient is unsuccessful in obtaining funds identified in the application, HCDC will review the project and determine its viability without the proposed funds. HCDC may recommend the recapture and reuse of the funds to City Council based on extenuating circumstances. ~~®~ CITY 4F ICJ WA CIT 21 ~~ .:III~~~~ 7-,, ,~®,~~ RA ~ D U ~ ~~,~o Date: February 24, 2010 To: City Council i,t\ From: Tracy Hightshoe, Community Development Planner Re: Unsuccessful or Delayed Projects Policy In 2004, the City adopted an Unsuccessful or Delayed Projects Policy to address what happens when Community Development Block Grant (CDBG) and HOME Investment Partnerships Program recipients either are unable to utilize the funds allocated to them or are unable to do so on a timely basis. After having the policy in force for six years, staff has recommended a change in the policy to streamline the review process. Under the existing policy, if an applicant does not apply for other funding sources as stated in their application in the first available allocation period following award of City HOME funds or is unsuccessful in obtaining such funds, the policy requires the immediate recapture of funds and requires HCDC to make recommendations on the reuse of these funds. The revised policy, recommended by the Housing and Community Development Commission (5-3 vote), would allow HCDC to review the circumstances as to why the applicant did not apply for funds in the first available allocation period or if the project will proceed without such funds if they were not successful in obtaining the aforementioned funds. Upon reviewing the circumstances, HCDC will review if the project is still feasible and can proceed or may recommend the recapture and reuse of funds to City Council. In all cases, staff will ensure that HOME recipients meet the statutory requirements of the HOME program in terms of commitment and expenditure of funds. If you have questions, please contact me at 356.5244. Staff will also be present at the March 2 Council meeting. Cc: Dale Helling Eleanor Dilkes Jeff Davidson Steve Long 22 Prepared by: Marcia Klingaman, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5237 RESOLUTION NO. 10-69 RESOLUTION AMENDING RESOLUTION NO. 97-326 ESTABLISHING A PUBLIC ART PROGRAM AND RESOLUTION N0.02-72 SETTING THE ANNUAL ALLOCATION, TO SET A NEW ANNUAL ALLOCATION OF $14,750 FOR PUBLIC ART. WHEREAS, the Iowa City City Council established a Public Art Program in September of 1997 by Resolution 97-326; and WHEREAS, the resolution establishing the program provided for a minimum of $100,000 per year for public art projects; and WHEREAS, the annual allocation to the program of $100,000 was reduced by Resolution No. 02-72 to $50,000: and WHEREAS, said resolution required that any change in the adopting resolution be amended or rescinded by a formal action of the City Council after a public hearing on the amendment or rescission; and WHEREAS, the City Council held a public hearing on the FY2011 Budget, including the Capital Improvements Plan, within which the public art allocation may be found; and WHEREAS, the City Council in facing certain budgetary constraints had proposed, as part of the FY2011 Financial Plan, a reduction in the public art allocation from $50,000 per year to $14,750 per year as described in the attached proposed program budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The annual allocation for the Public Art Program shall be reduced from $50,000 to $14,750. 2. With the exception of the amount of the public art allocation which is amended herein, all other provisions of Resolution 97-326 remain in full force and effect. Passed and approved this 2nd day of March , 20 l0 MAYOR ppr ved by ATTEST: A~ ~ ~t~.t/ c ;~2 - ~ 3 -J U CI ERK Ity Attorney's Office Ppdneighor/res/pubart allocation.doc Resolution No Page 2 10-69 It was moved by Wright and seconded by Bail_y the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Dickens x Hayek x Mims x Wilburn x Wright wpdata/glossary/resolution-ic.doc -I r .p V W O c a .+ 0 0 X ~ N~ ~ a' ~ ~ prq O -e .N•+ a fD ~i, Q a F'' W O i/} N W A 0 0 ~ p ?~ o ^ ' o z n ~ c o m ~ z ~ ~ - i ~ as ~ rn ~ ~o ao ~ ~ ~ -~ ~ m O ~ ..~ ro -a ~ _ ~ .~ ~. ~ D o D ~ ~ Uq rr p, ~ o• ~, o o ~ v o O ~ I m ~ ~ ~ N `. ~ ~ ~ V1 ~ ~ D ~ N ~ o ~ ~ ~ s ~ ~, ,,, O ~ "a "6 ~ N ~ - ~ p N v ~ n Q O . n v cn ~ ~ O ~ D o ~ ~ ~ a, o ~ a, a, ~ r* ~ m Q- ~^ ~o C 0 "F Q ~ e V1 Vf N N \ 1 o x. -a o c ~ ~ ~ ~ o ~ ~' s D ~ ~ ~' ~ ~ ~ o ~ ~ -~ ~' v ~ ~' ~ ~ ~* ~ ~ ~ 7D ~ ~ ° ~ ~ ~ , ~ ~ 70 ~ D a~ Q ~ O O ~ p O O O p ~ ~ O O O ~D "6 i/~ Q ~ ~ O ~ rt ~ o n arq ~, ~ ~ s H n i./~ ~ O i!~ a ° ~ o o o N M -~~, ~ ~ 3 Prepared by: Josh Slattery, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 RESOLUTION NO. 10-70 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE IOWA CITY SOCCER PARK RENOVATION PROJECT. WHEREAS, MBA Concrete, Inc. of North Liberty, Iowa, has submitted the lowest responsible bid of $211,833.00 for construction of the above-named project. 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 is hereby awarded to MBA Concrete, Inc., 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 City Engineer is authorized to execute change orders as they may become necessary in the construction of the above-named project. Passed and approved this 2nd day of March , 20 10 ~- S4 MAYOR Approved by ATTEST: ~• -~ ~rA~ w~~ ~~Pi~ CITY tERK C~i#y Attorney's Office ~~~~« It was moved by Mims and seconded by wri~ht the Resolution be adopted, and upon roll call there were: AYES: x ~_ ~_ -x- x x NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright pweng\res\IC. KickersPark.2010. doc 3/10 '~, NOTICE TO BIDDERS IOWA CITY KICKERS SOCCER PARK RENOVATION PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:30 P.M. on the 23rd day of February, 2010. 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 2°"d day of March, 2010, or at special meeting called for that purpose. The Project will involve the following: Removal of 5.1 Acres of Turf. Adjusting Sprinklers Heads and Testing of the Irrigation System, 5,488 CY of Fill Material Obtained On- Site, Adjusting a Manhole Rim, 13,102 LF of 2" Perforated HDPE Lateral Drain Tile, 254 LF of 6" Perforated HDPE Collector Tile, 1,134 LF of 6" Perforated HDPE Collector Tile, 2,451 CY of USGA Gradation Sand Fill, Seed, Fertilize, and Mulch 5.1 Acres. All work is to be done in strict compliance with the plans and specifications prepared by the Iowa City Engineer's Office, of Iowa City, Iowa, which have heretofore been approved by the Ciry 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 Ciry ensuring the faithful performance of the contract and mainte- nance 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. AF-1 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 (1) year from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Specified Completion Date: May 28, 2010 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 the Iowa City Engineer, Iowa City, Iowa, by bona fide bidders. A $20.00 non-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 City of Iowa City. 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 subcon- tract. 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 produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired 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 AF-2 23 Prepared by: Josh Slattery, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 RESOLUTION NO. RESOLUTIO AWARDING CONTRACT AND AUTHORIZING THE MAYOR T~ SIGN AND HE CITY CLERK TO ATTEST A CONTRACT FO CONSTRUCTIO OF THE IOWA CITY SOCCER PARK RENOVATI PROJECT. WHEREAS, of responsible bid of $ for c nstr~ NOW, THEREFORE, BE IT RESOLV D CITY, IOWA, THAT: 1. The contract for the construction has submitted he lowest ction of the above-named project. BY THE CITY COUNCIL OF THE ITY OF IOWA the above-named prc subject to the co adequate performance and payment bon ,insurance certific~.t program statements. 2. The Mayor is hereby authorized to sign a construction of the above-named project, sub adequate performance and payment bond, insu program statements. Is hereby awarded to tion that awardee secure ,and contract compliance the ~ y Clerk to attest the contract for ;ct the condition that awardee secure ce certificates, and contract compliance 3. The City Engineer is authorized to execute change in the construction of the above-named oject. Passed and approved this day as they may become necessary MAYUK Approved 20 ATTEST: CITY CLERK City Attorney's O icE It was moved by and seconded by adopted, and upon roll ca there were: AYES: NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright Resolution be pweng\res\IC. KickersPa rk.2010.doc 2/10 M-~~, 24 Prepared by: Dave Panos, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 RESOLUTION NO. 10-71 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE NORTH DODGE STREET PEDESTRIAN BRIDGE OVER I-80 PROJECT [ESI M-080-6(685)243--OS-52]. WHEREAS, Peterson Contractors, Inc. of Reinbeck, Iowa has submitted the lowest responsible bid of $ 2,213,562.82 for construction of the above-named project. 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 is hereby awarded to Peterson Contractors, Inc, 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 payment bond and insurance certificate. 3. The City Engineer is authorized to execute change orders as they may become necessary in the construction of the above-named project. Passed and approved this 2nd day of March , 2010. /~-~~-... S4 Mayor Ap roved by: • / r ~~o ATTEST: City Jerk City Attorney's Office It was moved by Wilburn and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey ~_ Champion ~_ Dickens ~_ Hayek ~ Sims x Wilburn g Wright '" 1 n ~. DEFEATED 3/2/2010 Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240-319-356-5041 RESOLUTION NO RESOLUTION ADOPTING AN ASSESSMENT SCHEDULE OF UNPAID MOWING, CLEAN-UP OF PROPERTY, SNOW REMOVAL, SIDEWALK REPAIR, AND STOP BOX REPAIR CHARGES AND DIRECTING THE CLERK TO CERTIFY THE SAME TO THE JOHNSON COUNTY TREASURER FOR COLLECTION IN THE SAME MANNER AS PROPERTY TAXES. WHEREAS, the City Clerk has filed with the City Clerk an assessment schedule providing the amount to be assessed against certain lots for the actual unpaid abatement costs of mowing, cleaning up property, removing snow, repairing sidewalks, and repairing stop boxes in the same manner as property taxes; WHEREAS, said schedule is attached as Exhibit A to this resolution and incorporated herein by this reference; WHEREAS, Iowa Code § 364.136 authorizes the City Council to assess against the property said abatement costs in the same manner as property taxes; and WHEREAS, the City Council finds that the property owners listed in Exhibit A have received a written notice of the date and time of the public hearing on the adoption of said assessment schedule, in substantially the same form attached hereto as Exhibit B. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Exhibit A is adopted as the final assessment schedule pursuant to Iowa Code § 384.60(1). The amounts listed in Exhibit A for unpaid mowing charges, clean-up property charges, snow removal charges, sidewalk repair charges and stop box repair charges as stated in Exhibit A are confirmed and levied against the properties listed in Exhibit A. All unpaid assessments not paid within thirty (30) days after the first publication of the final assessment schedule shall bear interest at the rate of 9% per annum, commencing on April 9, 2010. Assessments are payable at Johnson Country Treasurer, 13 South Dubuque Street, Iowa City, Iowa. Until April 9, 2010 payment may be made at the City Clerk, 410 E. Washington Street, Iowa City, Iowa. The City Clerk is hereby directed to certify the schedule as set out in Exhibit A to the Treasurer of Johnson County, Iowa for collection in the same manner as property taxes. The assessment cannot be paid in installments. DEFEATED 3/2/2010 Res. No. Page 2 The City Clerk is further directed to publish notice of the schedule once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen (15) days from the date of filing of the final assessment schedule. Passed and approved this day of 2010. Mayor Approv d by ~ ~-a3-rte ATTEST: City Clerk City Attorney/s Office It was moved by and seconded by the Resolution be adopted, and upon roll call there was: AYES: NAYS: ABSENT: ~_ Bailey x Champion x Dickens x Hayek ~_ Mims ~_ _ _ Wilburn x _ Wright sue\Ord&ResW bateRes.doc N ,Z1 D n r Z N N Of V .Z1 D n Z m D O v 0 z r O 1 V O N W N O O O N O A O O O N (n C C r r r r < < DD Z 2 cn D D ~ m m m 0 m O D r m 0 N O O 10 N (T1 O O O A W A W v N O m X _W D r I i~ i - 1 X ~1 _r - °~~ ~~.~~ ~~ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 February 9, 2010 (319) 356-5009 fAX www.icgov.org Name Address City, State, ZIP Dear Property Owner: This is to notify you that the City Council will be considering a resolution on February 16, 2010 that will assess against your property the cost that the City has incurred to do one of the following: unpaid mowing,. clean-up of property, snow removal, sidewalk repair, or stop box repair charges. Enclosed for your information is a copy of the bill. If the City Council approves the assessment against your property, the amount will be collected by the Johnson County Treasurer in the same manner as a property tax. If you pay the amount due in full before the City Council meeting, the resolution will not include an assessment against your property. You can make the payment by mailing or coming in person to the City Clerks office, 410 East Washington Street, between the hours of 8:00 a.m. and 5:00 p.m. If property is assessed and the amount is not paid within the specified 30 days, interest will accrue at a rate set by the City Council. If you have any questions about the resolution, please contact my office at 356- 5040. Sincerely, Marian K. Karr City Clerk Enc. 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K.Ith ~".;nt~r er " 'a.`2C)li`~. -TF/FIT TytJK A~I,C~ SAL~/A6E Yo ~ K€cP ~.~ '-_t)~ ~~ ~I t 're ~~-as a ? lCCt121~ t~~11t1 '~]~.SidPrs a ~a ,'~1: Y~~ir~r ~ y~~ii,ch ~wh~t .evde~I IsELS ya4 ~I rkN De ok ~; t a- , „a Tr/~97- MArTt'~ `1 2~'fl'=~*s ~:, don. «~a~ cxp~aEned t~ ~ :~1 t . I en'er. l~le a_~E~ .~~r anC~ ~.~ dv ~-ar~ ~~t ate 5 ~(o~.l A/~,E sp~c'~~-\t~G eRlk~ eti~ensic?n ~t ,<i 1~.~~1e ;. ~ut)8. TjZ rrJ~ To6~r (3~~~r~.-G P'Q°S~'Ss~~~ ~ IJ Aaf ~?~Gw f~ISD~4T~~ Do~tc !~i G~ ~ ~Tp Yom ~QcAM -~Pc~ir~ ~Hr{i c~~ 4lys Pft~/~~t D£ ~Afl~Cs ~ ~t ~ `~~.,r, I , He; =c; . 52 13t lid t~ Irt~c~:. ter, 1,~an Sit,er~ rrd '`1 Yenter nlet ~1 t~~ ~ +• ~~ ~ ~ y 1 l.e b +_'.~ ~ dr~} ~, as _+:I, i u} of unk and salva a materials..1r1o~ her .~ ( TF(AT wal (C 6~ ~xter.~It~rl'~}~:s ~ranied u.,t; .~aucu~t 1. ~;?0~ e~N~a/i/aT-~c'~Z'~hv 3 THC e~/~1cS aT G~ ~~~Ks~a~ TI^FTE~'T D~CSIe~N R~,~4P °o'' 8 ~ ~„ »~,C srwo M+vk ~-~ Trl r 2D..~ Ql~~ "/ry~/~( /~~~` ~_~J:, i t~~.ti,' i ~-}IC }7t Ci'., h:lt)i ~'~~ ~IL1Cr5. 171~i atj l:~ IC1 0..?1c t.:C .:' It.lu!_ ~~vNb ~~ ~I~L.S ~~ / /~~ • ~~~/ Bq ~/aA5 ;~(~f~/ 1, ~ :',n1er had simply draped tarps over must of it. die <,~~ ~~''! ;,~} h<~ii .) ;:' t);' ~~,rGlj/l3dleff~'b i /~~~I~~~Y1M1C~~,~ ~~;1~~ .E} ~ .~ .n `~iC ,. :t}i `(h C!f.Is:,L l 1 _u ~l.dj?C _, tl',C t ~ lli~ ~t:Tii:~ r'~]Ci~,~~ • G ~`G/ f ! ~-t: ,z s ~c?n~~etcl,: Tilling the area between the garage wa11 and fence, ~~/ ~ r~.+u ~,n ~ Z'c ~s SEA/l u~~45 ,~'ss rac. ~Gi/~r/wc717~'~/~ ~x~I~~~ ~'{;_ ~.~~: ;S. u ~C~ ;.lil ?l?li u i.;UI~I 1?ui i~CiCt:02i iOr 11':C ~orage of junk and salvage ' ~~~~~ ~~ I1laterlals OI? th ~?CI'Inr 1 thti ~ nrler?t Tt',C tn' .~:~~11 d i:Cc.T*_r ttc ~f.+ ICt- Cf'r ~ ~ ~tih ~l' `~ _..ter a~,i~e.a±~e<} and )"' t~. 1'. ~t ~~.:~ a.xi a to .! irate v~H~ sEt SAL ;,, . , ~'.~tt ~~ AT ~/r'~t~ Tim E ~' wAS ~o.Kf3~'~/ TNf',T~tp~ ~ ~~A~~~ ~~P ~T vJRS cJ~ ~ fx' ~ora,(j /N Er0 Tr/i~p~~ ~~ w~1~ ~ .hv vE0 .~1' G~ ~ J~ ~-7e D~"t= ~. _ . i ...- ~.~ li.~ ~ 1~.,?'it ~-u_. _._~ 1.t'ii11:;L 1,.C[i ~3.1U..lZi ..:Iu..C... a`. ld'CK C?t ~t t'1ittC. ~,N! ~~1ti6 ~ ~t ~t~- ~ ~< </c'~/IVG wiff/S~r/E~NG C'7V1~~'0'"'t ~'1y~` ,gavp ~a,,~ ~ ~~ 1~~'K-~ ~!~'~~~w~-~ ~t ~~ roc "~ ~~ ~' ~ ~~~~~ ~~,f> ~~I~Ka~v~ s/~p~,~`~/~'T~( 6Flil +s~Q~D,gl.1'p Amp ''~ c~,s~~.~.E~2s ~~M 6~'' ~' ~~ r(~!s r'ow' ~}: crZ~~ ~~ ~_ Sc~-~ fiN ~ r~o~~ ~r!-~ ~ s ~R o r~ /w~ ~4~1 >tJ 'f~!~' ~~ P~ y~,s ~ ~~~ ~ ~• /9 ~ 6d o o d ff 5'~ w~E *cS',~5 '~N QED r1 ~~--To Leo f-~E ~~o ttj ~4iV 1, Nom KSE^C~~-,~ T E' 2EN a~ oat c ~/E-~2.~ ~Jc ~ / o c~-c Q~ I -~F f}.-r- ~- 6o"f' T_~ ~~y~rr P buiidine pern;it. It became apparent at this trial that Mr. Yenter could simply "N~-~//Tr~/~~ 60~- ~~~~s '\~ A~ not understand why what he was doing was a violation. He explained that as I~c~~ ~ ~,{~~_..~ n ~~ ~~ O~ a contractor, he would use all of those materials `'someday" and that he was ERGS ~_ E~R' Gam' • recycling oid materials which was a good dung. We tried to explain to him ~N ~N`~m ~ th he could not run a contracting facility to a residential mne and that, whil~~ ~ ~`lS~S~!'>•3 t~J i t„L.1~D'~~uu oE25''CaN~ ~ sFi'~c1 .5r;-r.,~ ~. _ ,~.-~. ~ recycling is, indeed, a good thing, he could not turn the exterior of his property ~~ a~c'~-4 t ~t ~QSinto a junk yard. He did not understand. .'~~~~ w D / fj~'~ e~~ ~I~ T~icg'~ Le~~foui,d him «uilty and he i ned a p~a • gr~ee~tent in which he M.~ agre`ec~[o app~y f~tbD;(~p'E` h. ~ E`~ CrJ~d~/ ~ i~ ~ ~©P t{ Qk5 ~~~~~~P~i~ o i ~f~'i~t orch and fene ~~d ~rwrp~c ~e -~ /~/ a+Nc~RN G..ca17C~S ~ f~~ ~H~" e..~ N Y-~, L- ~~/l f~C'~ OVC~f~ ~p~ ~,/ ~ of the iunl; and a vale mate 1~ except f r t br >ts ate~s to~b~lised ~{E ~ GH ~%Y~ ~ ~u~T tOH ~ ~ 5 /~'[ ~ ST s3'y G ,... ~~~'~ C/'T~/~~Eyt / 1"[ ( rfor im edtate ~onstructton o s rope~~ ~ecem er 1, ~ . Altac~ie~c'~ are co ies of the Ica .i1~11 i~ g G•~in-wi,s cQ ,STi+i s~igk ~ T ~- Got ~, p P D Lu,W g~. ~~p ff ~y O a ree e t ~ as tthe cou tSor e iving the tty tFie a'3~dttion~a~°rcT~~o remoi~e the materials N~4D r,~,E;~,,J+j~ -~! Pii'`~-- g ~Q~ if n~ d e t e ~1aIlt. `'''tl" .4rVd~C- -~'S 7~i9-w,i~E.1S 1~2 aoiiVC~ 7",d(~, ' sc! des C, K A. ~ S cwt 5 ~ ~//~i~ ~~-T ~ ~{i4cJ~/~b ~!G F{~ A-T rALL.I ~ SHE N~$~~ "0:''_009: Mr. Tenter filed an appeal for each municipal infraction-' _ ~' --~ ~ Z~ i"- ~ ~ L ! ~ 5 ~G~s -~' Sc~'~9' ~> (.. ~C S- -~"/~J ~.~O cc/~7' S,itJ T~'~-- '~~ cS~Yr''~' i ?~29 ?00~: istrict Court upheld the decision of Jud e Lewis. "~ zs. ~.;U" Sent ,'~1r. Y"enter a letter explaining that the City had the authority to clean up t~opei-Fy but because of inclement weather, the clean up would not occur until the spring giving him a~d~itio~l~1 1 1 s to abate the .~iolation. Letter attached. __..~ ~~ ~`'~~S Re ei~-e anPp~~ ~ourtG~or' dei allowing t~prope~~ clea~` v ~ ~ `S ~~ ~ /"i (~7 411 ",~,`_~ `I-im Hennes and 1 me? with 1~tr.Ycnter at property. Told him that the clean up would be happenin ~_ nest ~ti~eek and stressed that if he didn't want to loose his stuff that he needed to get it out of the tiard~~~ and inside. ~~ ~- ~~~~-~ ~>~~/~, ~~lf 4 6_009: Cle rod I3ec s~e nJ r_was concerned that IV1r. Yei~t r woul is inm~atc°T'st~ piliit 1 a~~ i n tl i ro ert~~4oordinated wit 1 ~~~~~ .. ....,. ~.. ° .~,~,,,,,,,,,,,,,~„~„ a fence com an to tear down the existing fence an bui a new~ence along the actual propert line on that ~ c day. She also ha a surveyor .rom '~ ~~ 1~4h~S resen w o o nd t eon final ro ert ~ ns so that the tot line c uld b v "' fie P Kemovtng t Ze existing once an ui mgt e new one was poi or entirely y this adjoini~pr pe y owner. None of the 52475.23 fee was for the removal of the fence or the construction of the new fence. Included are the actual invoices from Mall Service, the Iowa City Police Dept. (2 officers were required), and the log+a City Landfill. There_was an additional S300.00 charge for H.LS. staff time {the clean u too lL,~/ approximately 4 hours). "'~~. ~.~v . ":"__`°``_~__~.~. ~.--- ~ dr'/~~ Gt ~ 6J- ~ ~i4•~c /~Ld~rO ~ ~~z tl f 51~~ ~ ~ y.d ~ ~ ~ ,. ~ A l ~ ~ , ~ ~1 ~' d ~,.~_ ~ ~ ~o ~ s 1 ~o fiT ~ ~ ~ ~ ~~~ ~ ~ ~ ~o ~o ~ ~ ~ .~~~ ~~ ~ ~ ~ ~ ~ q ~ ~ ~. ~- .i ~ ~ ~ ~ ~ ~ ~ .~ ~ ~ ^1 ~ ~ b~ ~~ b ~. ~% ~~ff nn_ ! / `~ ~ S u ~- ~~ L~ ~ ~S ~~~ ~r C ~~s~ ~t w r ~ -- ~ ~ ~ ~ ~ .~ ~~ ~ ~ .. ~~ ~ ~~ ,~ ~~ ~a ~''~ ~~~~~~ ~ ~ iN~ ~~-E,~s 1J~it~v~c~ tov~ ~ ~' ~iZ/~ ~fZ~ ~~ ~-~ cJ i L ~ uJ~~~,o ~G~o~,q ~' ~, ~ ~ . ~ L ~~t~~~Y ~ ~ ~ o~ ~- c ~ ~ ~ ~~ ~t ~ r ~ + ~ ~+" ~1'~ C-- ~'" ~--t~~E S'Ti ACS' z'~ ~ r ~, ~'~,p t 4~ . sr.. .,~ . , ~" t/ ~ ~ ~ X11 n .~Y~ ; ~ ,r~, ~. 4"~~ t ~. ,. ti {ii~FF ~~ - ; ~I I, ~/is is ~Exrlr~j~c~ ~ ~~/ SifK~~• its sS~ aE Hoks6 ~~rH 3-~Wk R~GNT? w~NV, c M/S / C~~'S DES ~lrR~ ~ ~ ~`~~Je~ ~~~~ 5~~ ~ G p ~S~ ~~ ~S s ~ ~ ~~ e~ ~ ~ ~ o~~c~5 ~ S~ ~~ P y~~~ r-- LL tea j f fp.u i j ~ Etr.~ - ~~_ x '$'~' S'. .. _ .c:.. 'y. Y x - = .+.~+7t~ ,;.r. ~,- f~.. .- 4r, t.. - ~ _ , ~, ~ ~_ _ ~ ~ :1 ... 9 .. ~ ,11,: y„ of ~ , - ~ .~ ~ +~ _ r'n. ~ ~ ~}`~ ~b s f t ~ ? ~~"'"`'~~ 'h, t.fr-'~f ~ ,. t ~s~ ~ ,~ -r -~.'f~ i'4` Sc~c,~e ~ ~ ~'*' ~c ~ ~ ., _ L -~ .. /~' ~. C ~ ~ S ~~~ ~ ~~~ ~~ ~~~~ ~ ~ ~~ ~~~ ~ ~~~ f ~ ~~ ~~/~" ~~~~ l~{~~ ~© ~~ ~~~~ ) ~y ~~_ ~~~ G~eR~~ G~i sh'c`~ 0 ~~~ ~~ /~ yo~v~ c ,rte -- ~ - , ~/ g~~ /%tIG~1 ya~zD r~{,Nes B ~ ll~ rYrv G,~D~ S+t ~~`~ s~ S~~v ~~'~'~ ~ M~ ~~~~ ~~cU s ~- - ~ t ~~ r~ `~ ~~~ ~il~l~N~ ~t~~'c~S~ ~~ ~rJ2~ ~ ~_~~ z~" ~~ ~ ~_ ~~~5 ~~~ ~~ ~~ ~~ ~ ~~~ ~ a ~~ ~~., °~e~~ .~ ~~ ~~ s'a ~ ~ ~~~ ~P ~D i ~~ DES fj~'r ND F+E'°'2 ~ ~y-N~ ~+~N sS H~E~E 1 ~ s ~ '? K~ M Ie~RK/ylrCo • C~i4SS -S~l~s~.S d~1.7 ~~ ~~E ~ts• iQi 6 h~ .~. 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C_ fis /off, ~ / 1 ,a Jann Ream From; Tim Hennes Sent: Fnday, May 01, 2009 1201 At~i To: Jann Rearn Subject: FW You have been billed automatically by the {andtiH system Bann, This is for F:eith Ye-h ors clean-up, will you please process? mim -----Original T~!essage----- Fror~~: Uoug Boothrcy Sent: Friday, iv?ay Ol, 2009 9:59 A1~1 To: Tirn Hennes; worm Cate Subject: F'v~: You have been billed automatically by tha landfill. system _ think this b_lI belongs to one of yc~.~. -----C>rini;:at t7essage----- Froa:: jarmatis~~~n~~w.icwa-city.org fmailto:iarmats@wY~~.iowt,-ciCy.orgl Sent: Friday, t2ay O1, 2009 9:5i AB1 _ 2b: Uoug Ficothrcy Su:^;ect: `!ou hav2 been billed aut.emat:i_cally b~~ the landf;l system CIC HQUSING & INSPECTION Account: 005674 410 E :yASHINGTON ST Fay By Citypay IOVdA CITY lA 5240 Gxnense Acct: 1000-923100-43800 B i 1 inc; Begi.nn i ng Due Total Date Aalar.ce Secaipts Interest Charges Late D:;e 05.OI.i;9 27G. 25 05.26.09 270.25 Ticket C~.r.renr. Date ti Description Quantity Charges Receipts rntc-est 04.16.09 631885 Refuse - City .86 TN 33.11 04.16.09 631887 Refuse - City .98 Tld 37.73 04.16.09 631887 Appliance 2 EA 25.00 0:.16.09 631795 Refuse - City 1.47 TN 56.60 04."_6.09 631811 Refuse - City 1.29 TN 49.57 U4.16.09 6 1820 Refuse - City !.51 TTJ 58.14 04.16.G9 631825 'fires .05 TN 7,00 U4 . 1 E, . 09 F 31848 `?'ices 0' 'I'N 3 . 00 © ~ Total 1\'eCt` - . C°; F,CS ~.. ~ ~" S ~~ ~~ V~ ~~ ~ ~ V ~~ V o O o N __ _ Mann Ream From: Matt Johnson Sent: Friday, April 17 2009 7:47 AM To~ , Jann Ream Subject: Bill-back for 734 Oakland detail Jann- The bill-back for our two officers on Oakland is as follows: The account transfer numbers are: 1000 / 421240 / 342100 If you need a more detailed invoice, please let me know. Matt Officer Kevin Berg: Start-0900 End-1215 Rate-$54 07/hr Total $175.73 Officer Chris Akers Start-0900 End-1230 Rate-~54 07lhr Total $189.25 Grand total: $364.98 O ~ ~' ~ ~ ! , M w g ~ - ~~ ~ vh- tai.. c~ ; F Q v~ o .~ o N U3-02-10 25 CITY OF IOWA CITY MEMORANDUM To: Iowa City City Council From: Jann Ream Date: 2/19/2010 Re: 1555 Tracy Lane weed removal invoice Attached are the inspector activities and a photograph concerning the mowing of weeds and subsequent invoice at 1555 Tracy Lane. After receiving a complaint, the initial inspection was done on 7/22/2009 by a summer inspection aid, Matthew Wagner. He noted that the Sycamore frontage of this property was not mowed. This frontage consists of about a 12ft hill down to the public sidewalk and a 3- 4ft green space between the sidewalk and the street. A Notice of Violation was sent to the property owners that stated under "Corrective Action Required" to "Mow Tall Grass/Weeds Along Sycamore". The area was to be mowed on or before 8/2/2009. When the inspector went back on 8/3/2009, he noted that the Sycamore Street side was not mowed, took a picture of the violation and sent a work order to Mall Service Instant Green who was the contractor hired by the City to mitigate weed violations. The charge from the contractor was $175.00 and the $75.00 administrative fee made the total $250.00. An invoice was generated 9/ 16/2009. After receiving a second invoice for the work, the owner, AJ Sullivan called and spoke to me about the issue. He explained that they thought they had taken care of the problem by mowing the narrow strip between the sidewalk and the street. In her statement to Council, Mrs. Sullivan stated that "they took care of the embankment as well" by cutting two to three inches out of the ground cover. This is not readily apparent in the photograph taken by City staff. After looking at the required corrective action in the Notice of Violation, I agreed that the instructions were rather vague and could have caused some confusion. But I also explained to Mr. Sullivan that in looking at the photograph, it should have been apparent that the weeds along the embankment were part of the problem. He stated that the vegetation was ground cover and I explained that there maybe ground cover on the bank but weeds were obviously growing through it. Also, no vegetation can obstruct a public sidewalk. Because the instructions were vague, I agreed to remove the $75.00 administrative fee and cut the charge from the contractor in half which left a remainder of $87.50 to be paid. Mr. Sullivan seemed ok with this but asked if I could meet him at the site so we could discuss what might be done in the future to avoid this happening again. He also mentioned needing some help in identifying his property line because he had been thinking about a retaining wall. I met Mr. Sullivan on 11 /9/2009 at the site. I showed him the photograph and he seemed to understand why we cut the weeds on the embankment. We could see where the tall weeds had been cut since the stems were still sticking up slightly through the ground cover. I pointed out some thistles that were growing up again through the ground cover and explained that these actually needed to be removed since they are listed noxious weeds. I identified the ground cover on the bank as crown vetch and told Mr. Sullivan that that was actually a great ground cover for a slope but that he needed to keep it off the sidewalk and make sure that weeds were controlled. I did not tell Mr. Sullivan that the ground cover had to be removed and I did not understand Mrs. Sullivan's claim that Mall Service "killed our whole back". I was at the site 3 months after Mall Service had done the work and I did not note any damage to the ground cover. I would not have been able to identify it if it had been dead for three. months and quite frankly, crown vetch is very difficult to kill. I did not tell Mr. Sullivan that he needed to put in a retaining wall -the discussion of a wall was at his inquiry. I explained that the majority of the bank was actually City right of way and, if he built a wall, he would have to get permission from Public Works to do so. We both agreed that a wall would significantly help with erosion because there is a dirt bank wall about 1 ft high right at the sidewalk's edge but that a wall would be very expensive. Our meeting ended with me telling Mr. Sullivan that as long as he kept the vegetation trimmed back off of the sidewalk and controlled the weeds in the ground cover, I did not anticipate anymore problems. W co O ~.- a m ~' m m v y ~ ~ a a _ p ~ co i r N ~ ~ ~ ~ ~ Z m ~ 0 ' ~ ~' i - m o ~ m r^ _ ~ ~ ~ m ° v O < ~ 1 O ~ m m m O ~ m N < O w N O p W N O O ~O J J V V V Q`D 10 O_ N J J to J O `2 ~ ~ ~ ~2 ~ ~ '"0 r ~] r Z1 r ~ S m m m m m m m m m Z 1 ~ ~3 ~ ~a~ ~ ~B_ 8 3 M ~ ~ K o (~ d v~ m o ~p c ~ ~ '~~O N ~ O ~ ~ ~ .C-'~ O ~ V H O~ N O ~~ccn~, te~ 3 y t0 o~om ~ g 3 y 0.y. Z~C a" ~ a 'D fD y ~~ - ~ ~~ o = 3c<g g ~~<~ ~ m ~~ ~' ~ c `2~n ~ - ~ 7C O N fl1 ~ ='p~~o~? ~mm-~ v M N _ y O d i 6 ~p y (~{ pp~ .~ ~+ ~ a 6 . a ~ ,G ~ y ~ 1 Q ~ O~ ( D d ~ Q t0 ~- f f D `G f0 ~ K O .Cr ~ fD g ~Q• ~ fD ~. ~ ". ~~ ~ m p~ c ~ ~ _~ ;+~ m ~$ d~ m m o~""m $v c m d ° °' Sm oho v_m yi3.a,,c 0 y ~ m ~ ~ Q ' ~m 3 d V 7 fT~ Q ~xOy ~,c ~ $ ~~ 7C'y ~ (D ~ ' ~ °oo xm g~ m Qm o - °1 ~ m gc~ a y' ~ v ,g ~°'~c~~~p ~-g~d ~ ' ~ f g ~ ~ ~ y ~ ? ~ N l! . . V f ~• ! D O O r3 ~ tG ~ ~;, p fC ~. L~ N O ~ j N f~D ~' ., 3 = y a °' ~~ 8 a53 3 c ~~~ 3 ~ a ~c ~ ~ ~s 'r o m i a ~a~ ~n~ v ~ ~ ~-~a ? A ~ -a 0 d m J 0 d m N d I ~ rl~~ =. G7 N ~ -+~ o Ct1 O ~ ~ n o ~ N ~w Z ~ W N N ~ O ~, O ^~" n' a ? 7 o.. ~.~ra,~ - CITY OFIOWA CITY MEMORANDUM To: Iowa City City Council From: Jann Ream Date: 2/ 19/2010 Re: 734 Oakland Avenue Attached are numerous documents which detail the history of nuisance code enforcement at 734 Oakland Avenue. 4/14/2008: Neighbor to the north of property came into H.I.S. offices to register a complaint about the yard being used as a junk yard. She brought photos which showed a back yard full of junk and salvaged materials. She also explained that the existing fence between the properties was not on the lot line and, even though the property owner was piling junk between his garage and the fence, most of the the material was actually on their property. She stated that her husband had asked the property owner to remove it and he refused. I explained to her that the City did not get involved in private property disputes but that we would look at the property to see if the exterior material was a violation of the City nuisance code. 4/23/2008: Joan Siders, Housing Inspection Assistant, inspected the property and observed junk and salvage materials in the front and back yards. Photos attached. A Notice of Violation was sent to the owner, Keith Yenter on 4/24/2008. 5/9/2008: There was a meeting with Ms.Siders and Mr.Yenter in which what needed to be done was explained to Mr. Yenter. He asked for and was granted an extension until June 1, 2008. 6/2/2008: Tim Hennes, Sr. Building Inspector, Joan Siders and Mr. Yenter met at the property. The back yard was still full of junk and salvage materials. Another extension was granted until August 1, 2008. 8/5/2008: I inspected the property with Ms. Siders. Instead of removing the materials, Mr. Yenter had simply draped tarps over most of it. He also had built a roof out of shingles from the north roof edge of his garage to the existing fence to "enclose" the materials completely filling the area between the garage wall and fence. 8/62008: Issued acitation - a municipal infraction -for the storage of junk and salvage materials on the exterior of the property. The preliminary hearing was set for 8/21/2008. Mr. Yenter appeared and pled not guilty and a trial date was set for 10/31/2008. 10/31/2008: Trial for this citation was combined with another citation for lack of a valid building permit. It became apparent at this trial that Mr. Yenter could simply not understand why what he was doing was a violation. He explained that as a contractor, he would use all of those materials "someday" and that he was recycling old materials which was a good thing. We tried to explain to him that he could not run a contracting facility in a residential zone and that, while recycling is, indeed, a good thing, he could not turn the exterior of his property into a junk yard. He did not understand. Judge Lewis found him guilty and he signed a plea agreement in which he agreed to apply for building permits for his front porch and fence and to remove all of the junk and salvage materials (except for the bricks and materials to be used for immediate construction on his property) by December 1, 2008. Attached are copies of the plea agreement and the court order giving the City the additional relief to remove the materials if not done by the defendant. 11/10/2009: Mr. Yenter filed an appeal for each municipal infraction. 12/29/2008: District Court upheld the decision of Judge Lewis. 1/13/2009: Sent Mr. Yenter a letter explaining that the City had the authority to clean up the property but because of inclement weather, the clean up would not occur until the spring giving him an additional I 1 weeks to abate the violation. Letter attached. 4/6/2009: Received an updated court order allowing the property clean up. 4/10/2009: Tim Hennes and I met with Mr.Yenter at property. Told him that the clean up would be happening next week and stressed that if he didn't want to loose his stuff that he needed to get it out of the yard and inside. 4/16/2009: Cleaned up property. Because the neighbor was concerned that Mr. Yenter would immediately start piling up junk again on their property, she coordinated with a fence company to tear down the existing fence and build a new fence along the actual property line on that same day. She also had a surveyor from MMS present who found the original property pins so that the lot line could be verified. Removing the existing fence and building the new one was paid for entirely by this adjoining property owner. None of the $2475.23 fee was for the removal of the fence or the construction of the new fence. Included are the actual invoices from Mall Service, the Iowa City Police Dept. (2 officers were required), and the Iowa City Landfill. There was an additional S300.00 charge for H.I.S. staff time (the clean up took approximately 4 hours). -; i i i ! ^ A ^ l ~ t ^ ~fi s,. Y'~ / c .,;~ r~. . ~k6!Aro~ .~ ~I ,.', j ~~.t~ ,. w ~. ~{' ~.` ~ ,. ^~~ ~ ~~ ~' l 734 t;~ w • }., ~' ~ :ter--~~ , y _ ws+ - p1 w~ ~" } ~~ } ~. 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The Courtfhereby enters the following Order: and (admits) __ ___ Clerk to set for Trial and notify parties and counsel. V __ _ Defendant having been called throuyhout the Courthouse and not appearing; Dgfp~ aricSF~i~'e to appear is entered of record and Judgment thereon is entered. ~~YYUU t~ ~?Qag ___ Defendant's admission of the infraction is entered of record. C~~'q~-pRlv~y/S OF~I CF Judicial Magistrate/District Associate Judge ~~ day of _ 0 ~ 20 ~, Trial of this matter is had to the Court, and the Court by TRIAL. On this clear, satisfactory and convincing evidence that the infraction is (not) proven. PENALTY. Upon Defendant's failure to appear or proof of the infraction against the Defendant, the Court eOnters the following }udgrnent: ~ lus COURT COSTS $ . - $ ~ ~ ' `~ - GIVIL PENALTY $ SO. "~_- P Payment of the Civil penalty is hereby suspended or deferred under the following conditions _~_ `Payment of the Civil Penalty and Court Costs to be made to the Clerk of Court by the day of 20~ is ordered to abate, cease or correct the violation by the day of ADDITIONAL RELIEF: Defendant _ __ In the event Defendant fails to abate, cease or correct the violation in a timely manner as ordere herein, Plaintiff is hereby authorized to perform the act necessary to abate or correct the violation-and to assess the costs of such abatement or corrective action against the property of Defendant in the same manner as a property tax. ~ +_ ~~~,Y- (r pct trop VtnP h~_ Other Relief. f2Vl~ ~~__-____~- - - - _ OTHER DISP051TION _____ _ __ Upon Plaintiffs failure to prove the violation, Court Costs in the sum of are assessed against the plaintiff. assessed against _ _ Dismissed upon Plaintiff's Motion with Court Costs in the sum of $__ (Plaintiff) (f )efendant) JUDGMENT FOR THE ABOVE IS 2Q ~~ Clerk Ire notify partie's and cormsel. Dare -(~~ --0 g_ - - - ~--- . ~ilaile~i to _~rr0~~~- ~_ . Cler s Office Personnel Responsible For Mailing Document ORD ED t ~ day of _ CIAL AGISTRAT-~---E 1 flISTRICT ASSOCIATE JUUGt Sixth Judicial District of Iowa Send payments to: Small Claims Clerk P.O. Box. 2510 itjY.'ll~liiF INCLUDE SMALL CLAIM NO. WITH PAYMENTS ,«~~ ~P~~ ,.. ~ „~„ ~n ~ S s ~ cam. ~- . -~ --.r.~ ______ 1 .... ~-,- __ '-- ., _ ~ C.] ` __ _ _ ,. __, __ _ __ Qo __ ~_. _. __ ~_ ~< < Q,~ ~ yr t_~ ~ S- - - - - - - --_______ ---- __ -- .___ ~- __ _ -- _.-- ___ _. _ _~. __ _ `~ --- ---- --_ . l__ . _ _ ~_ ~ oGl ---- _ _ __ _ - ~ ~ ~ . ---- -- ~--- _ __ .-- ---- --- _ ___ ~~ - ___ _ - 6 ~ c, ~ a v_, "~ ._ :.~ .., ~l { . :. ~n r~ . i .G --- - ~--~ - --- ~~ ~~ ~ ., ~Q v~'EPJ~ ~~~ ~w ~~~_ ~- CI T Y OF IO WA CITY Department of Housing and Inspection Services 410 Washington Street Iowa City, Iowa 52240 January 13, 2009 Keith Yenter 734 Oakland Avenue Iowa City, IA 52240 Dear Mr. Yenter, As you are aware, on December 29~', 2008, your appeals concerning the two municipal infractions at 734 Oakland were denied. As of this date, no applications for building permits for the fence and steps have been submitted. I understand that you have had your plans reviewed by the Historic Preservation Commission but building permits must also be applied for -applications are included. If applications are not submitted by 1/31/2009, a second citation will be issued. With the denial of the appeal for the storage of junk and salvage material on the property, the original order allowing the City to remove the material is in effect. Because of the inclement weather conditions, we will not initiate that clean up until sometime during the first few weeks of April. You will be notified when an exact date is set approximately 24 hours before the clean up begins. This does give you an additional 11 weeks to remove the material yourself. Since the very first Notice of Violation for this issue was sent to you at the end of April, 2008, you have had almost an entire year to remedy this problem. I would strongly suggest that if you do not want the City removing junk and salvage material from your property, you remove it yourself to a legal storage option before April. If you have any questions, please contact me at 319-356-5120. Thank you, Jann Ream Code Enforcement Assistant MALL SERVICE INSTANT GREEN 1841 SO GILBERT ST IOWA CITY, IA 52240 319 351 3009 CITY OF IOWA CITY HOUSING INSPECTION Jann Ream 410 East Washington Street Iowa City, IA 52240 Statement Account No. Date 701 04/30/09 Total Amount Due $ 1, 540.00 Date Due: 05/17/09 Amount Enclosed $ REMIT TO: MALL SERVICE INSTANT GREEN Services Rendered At: CITY OF IOWA CITY 734 Oakland Ave Paae # 1 i~~~,~ c~r~~ ~n ~~~an Previous Balance. 0.00 DATE DESCRIPTION AMOUNT 04/16/09 04/16/09 4 hrs 6 men 4 hrs 3 dump trucks 840.00 700.00 Current Over 30 Over 60 Over 90 Total Amount Due 1,540.00 $ 1,540.00 Thank you. We build walls, walks and decks. We plant trees, bushes, flowers. We have hardwood mulch Jann Ream From: Tim Hennes Sent: Friday, May 01, 2009 10:01 AM To: Jann Ream Subject: FW: You have been billed automatically by the landfill system Jann, This is for Keith Yenters clean-up, will you please process? Tim -----Orig.i.nal Message----- From: Doug Boothroy Sent: Friday, May O1, 2009 9:59 AM To: Tim Hennes; Norm Cate Subject: FW: You have been billed automatically by the landfill system I think this bill. belongs to one of you.. -----Original Message----- From: jarmatis@www.Iowa-city.org [mailto:jarmatis@www.iowa-city.org] Sent: Friday, May 01, 2009 9:51 AM `i'o: DOLIg Boothroy Subject: You have been bi]]_ed automatically by the landfill. system CIC HOUSING & INSPECTION Account: 005674 410 E WASHINGTON ST Pay By Citypay IOWA CITY 1A 52240 Expense Acct: 1000-424100-438050 ------------------------------------------------------------------------------------------- Bi.l.l.ing Beginning Due Total Date Balance Receipts Interest Charges Date Due 0 -------- 5.01.09 --------- ------------------------- ---------------- 270.2 ----- 5 05.26.09 2'70.25 ---------------------------- Ticket Current Date # Description Quantity Charges Receipts Interest -------- -------- ------------------------- ------- -------- -- -- -------- ---------- 04 16 09 631885 Refuse - City .86 TN 33.1:1. 04.16.09 631887 Refuse - City .98 'I'N 37.73 04.16.09 631887 Appliance 2 EA 25.00 04,16.09 631795 Refuse - City 1.47 TN 56.60 04.16.09 63181.1 Refuse - City 1.29 TN 49.67 04.16.09 631820 Refuse - City 1.51 TN 58.14 04.16.09 631825 Tires .05 TN 7.D0 04.16.09 631848 Tires Ol TN 3.00 Total New Tickets 270.25 1 Jann Ream From: Matt Johnson Sent: Friday, April 17, 2009 7:47 AM To: Jann Ream Subject: Bill-back for 734 Oakland detail Jann- The bill-back for our two officers on Oakland is as follows: The account transfer numbers are: 1000 / 421240 / 342100 If you need a more detailed invoice, please let me know. Matt Officer Kevin Berg: Start-0900 End-1215 Rate-$54.07/hr Total: $175.73 Officer Chris Akers Start-0900 End-1230 Rate-$54.07/hr Total: $189.25 Grand total: $364.98 I ~ ,1~ ~ ~_ ~, ~ ' ~~~ ~, ~.~ ~, ~. _ ~ T ~ ~ 1 f ~~ 1 _- a__i~_ ~ `d ~ - - -- - -t-~~~r -~-~~~ ~-- trot ,~~--- w ~ ~~_ R~ ( ~r T `f . v c ~ 3 ~~ ~ ~ ~~ ~ D~ ~ (~ ~ ~, b r ~ y ~ r z ~ \ R~ I _ `~\ O J . ~+ '~~' d~~ ,. ~' i ~ ~~_ ~---'~ ~~ '~~ i =- = I ~ ~ - -~ I I ~~ _ _ .- _ . ~ __ .~~_ __ Vf N - 7 `` ~ fl I I I ~ I _ ylll ~ a \ _ L 'I j ~ r ;, 1~1 i ~~~ 6 ~ `°~ 6~ g~ ~~ ~ \.\ !~ i°°~ ~ ~~a ' ~ -~ _~ ___ G =~_-~ \ t V\ \\\ ~1 f Q ;~~-_._._ _. _~~ mC I, ~~, R1~ a o~ _~~~~ ~ ~ ~ ,~ I~III~~ ' ~,jl~liiillll-~-~~Q -1~~ ~~ 0 // ._ 0 7 s 'I \ ~ - ~ ~ o ~ ~ ~ a ri ~~ rs ~ Q , ~ o ~, ~~ ~~. ~~ ~~ r b ~ Q ~ ~ ~ v r ~ U~ ,~_, 1! _a'1 - L ~e ~ ' \ ~ ~1 n ~ ~, ~~ ~~ ~~ O \I~ ~~ ~ ; n; ~° ~ ~~ February 26, 2010 Greetings Mayor Hayek and Iowa City Council Members, o ca `'~' ~ ~~ ~ ~ Keith has been working on his family`s home since moving in 2001. ~..~~ rv The home needed extensive interior work before he moved in. -=~ ~` °" Keith is a Finish Carpenter by trade. ~ ~ He does have a very creative mind and loves to see materials recycled vs endinin ~ie lard. Following the 2006 tornado, Keith along with a couple of close friends, spent c~auntles~hours digging out materials and preparing them for use at his home and for friends that~ight need something for a project. He has completed a number of projects at his home with these materials. It's true, not everyone can afford to buy all brand new materials and hire a business to complete the projects in a timely manner. It was devastating, when the City arrived at his home April 19''', 2009. Much time had been spent on moving materials that were out in the open. It became very clear that the only reason the city was there, was on behalf of the Stiles. They have two properties directly North of Keith. The Stiles had decided to replace a fence on their property abutting Keith's. The Stiles had not taken care of their property between their fence line and Keith's garage for many years. Again, money....wins. Had Keith been able to afford to go to court to prove adverse possession, I sincerely think he would have won. Why was it legal for the City to haul materials that were on racks and shelves attached to the North side of Keith's garage, hidden from the public, and were not on Stiles property? Some of those materials were from a historical brick building that was located North of the Johnson County Court House, which has been torn down, following the tornado. It was very odd, as the materials to the North, that were next to the garage were confiscated, but the materials to the East were left alone. Now watch the City come back and try to take those materials. Why is it that Keith has to pay for the disposal of the Stiles's fence?????? Gooooood Grief. Is it policy to have two city police officers on the premises for such an occassion???????? Keith is to pay for both of them ????? Keith has had problems with his fence on the North side being within city code. The Stiles new fence is just under 8ft, which does not fall within code as far as we have been informed by the City. I was not at the court proceedings. I fear it is a task besides taking a lot of money to challenge the City. There seems to be a bit of unjustness going on along with a lack of consistency with polices. It also seems very apparent that if one is well off financially, has a business in the city, connections, that unfair and unjust actions occur which are hard to butt up against when one does not have the finances or connections. This is very frustrating, disconcerting, and makes fora lack of faith in the system. And then there is the scary part. Having brought this case more out in the open, I fear for the problems and retribution that Keith will now have from the City when trying to complete his home and in his work professionally. If you have questions, please feel free to contact me at: 319-541-2927. Thank you for listening. Helen Roushar ~ zs r ~`~®,~,~ CITY OF IOWA CITY ~.~~ N au~ MEM(JRA DATE: 3/2/2010 TO: CITY COUNCIL FROM: JANN REAM, CODE ENFORCEMENT ASSISTAN~Y~ SUSAN DULEK, ASST. CITY ATTORNEY RE: KEITH YENTER-ASSESSMENT OF 734 OAKLAWN AVENUE Staff is requesting that Council defer the assessment of 734 Oaklawn Avenue until the April 27, 2010 meeting. Jann Ream spoke with Mr. Yenter, the owner of 734 Oaklawn Avenue, today and offered an alternative to the assessment. The City would request that the Court enter a judgment in the municipal infraction case in the amount of $2,475.23, which is the amount of the assessment. The City would further ask that the Court to order Mr. Yenter to make monthly payments in the amount of $50.00 per month on the judgment. Mr. Yenter is agreeable to pursuing a judgment against him rather than having the property assessed. The assessment process affords the City a very efficient way to collect the costs incurred to cure nuisances. Most assessments are for less than $200 and therefore generally not onerous for the homeowner. Mr. Yenter's case in unique in that very few assessments even exceed $500. Because the assessments are collected as part of the real estate taxes, the property will proceed to tax sale if the assessment is not paid. Having judgment entered provides a mechanism for the City to collect the money owed, albeit not as efficiently, yet does not require Mr. Yenter to come up with $2,475.23 all at once. City staff does not want to see the property sold at tax sale should Mr. Yenter not be able to pay the assessment in full. Because the judgment is attached to the property, the outstanding judgment would get paid should Mr. Yenter decide to sell the property. The request to defer until April 27 would allow the City time to make an application for judgment to be entered and for the Court to rule upon the application. Staff believes that the Court will grant the application. Copy to: Dale E. Helling, Interim City Manager Eleanor M. Dilkes, City Attorney Marian K. Karr, City Clerk Keith Yenter (v~; ,~ ~, ~-~.~ March 2, 2010 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 ~ : 00 o'clock ~_.M., on the above date. There were present Mayor Hayek , in the chair, and the following named Council Members: Bailey, Champion, Dickens, Hayek Mims, Wilburn, Wright Absent: N - 1- ~~ Council Member Bail and moved its adoption. Council Member _ adopt. The roll was called and the vote was: AYES: Dickens. Hayek, Mims, Wilburn, Wright, Bail e~., ('hamni nn NAYS: None WHEREUPON, the Mayor declared the resolution duly adopted as follows: RESOLUTION NO. io-72 RESOLUTION APPROVING A REQUEST FOR PROPOSAL FOR THE DEVELOPMENT OF A MULTI-USE PARKING FACILITY, WHICH REQUEST FOR PROPOSAL SETS OUT MINIMUM REQUIREMENTS, COMPETITIVE CRITERIA, AND A DEVELOPMENT AGREEMENT AND INCLUDES PROVISION FOR DISPOSITION OF CERTAIN PROPERTY OWNED BY AND LOCATED WITHIN THE CITY, WHICH PROPERTY IS CONTEMPLATED TO BE INCLUDED IN A FUTURE URBAN RENEWAL AREA, TO BE CALLED THE NEAR SOUTHSIDE URBAN RENEWAL AREA OR AN AMENDMENT TO AN EXISTING URBAN RENEWAL AREA. WHEREAS, the City desires to construct amulti-use parking facility ("Multi-Use Parking Facility" or "Project") providing for a parking component (approximately 600 spaces), cormnercial component (25,000-30,000 square feet) and a residential component (25-75 workforce housing units) located on a half block of property south of Court Street and west of Linn Street adjacent to the downtown area on property owned by the City (the "Development Property"); and introduced the following Resolution Wilburn seconded the motion to f - 2- WHEREAS, the City believes that such a Project will assist economic development in the area consistent with Chapters 403 and 15A (Urban Renewal Laws) and consequently is contemplating adopting an urban renewal plan ("Plan") for an urban renewal area, which would include the Development Property; and WHEREAS, the City desires that a private developer contract with the City to assist the City and its staff and architects in the design of the commercial space and workforce housing space of the proposed Project with eventual purchase by the selected developer of one or both of the commercial space and workforce housing space, in the form of separate commercial and residential condominium units; and WHEREAS, the City intends to maintain and operate the parking component itself; and WHEREAS, a Request for Proposal has been prepared, and is attached hereto as Attaclunent 1 and by this reference made a part hereof, which Request for Proposal invites developers who are interested in assisting with the design of the Project and ultimately purchasing the portion of the Project consisting of the commercial and residential condominium units to present their proposals for the development of the Project, all consistent with the Request for Proposal and the form of Development Agreement, which is attached to the Request for Proposal as Exhibit "A;" and WHEREAS, in order to establish reasonably competitive bidding procedures for the ultimate disposition of the Development Property in accordance with the statutory requirements of Chapter 403, Code of Iowa (2009), and particularly Section 403.8, and to assure that the City extends a full and fair opportunity to all developers interested in submitting a proposal, the Request for Proposal contains the minimum requirements each proposal submitted by a developer must satisfy in order to qualify for consideration under the competitive criteria described in the Request for Proposal; and WHEREAS, to give full and fair opportunity for developers interested in submitting a proposal for development of the Development Property, this Council should by this Resolution set forth a procedure for reasonable competitive procedures; and WHEREAS, this Council believes it is in the best interest of the City to act as expeditiously as possible to offer this Development Property for redevelopment as set out herein. NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: - 3- It is determined, conditioned on the formation of a proposed new or amended urban renewal area, the Council's acceptance of a proposal for development pursuant to the Request for Proposal, and subject to the City's future action in approving a Development Agreement, that the following described property (called "Development Property") is the subject of the proposed disposition of property in accordance with the terms and conditions contained in this Resolution, to wit: Lots 1, 2, 3, and 4, Block 1, County Seat Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 1 and 2, Page 253, Deed Records of Johnson County, Iowa. The Development Property shall be competitively offered on the terms and conditions set forth herein and such offering shall be in substantial conformance with the provisions of Section 403.8, Code of Iowa, requiring "reasonable competitive bidding procedures" as the same are herein prescribed in the Request for Proposal, which method is hereby determined to be the appropriate method for making the Development Property available for redevelopment. 2. It is hereby determined that in order to qualify for consideration for selection, each developer must submit a proposal which is in conformance with the Request for Proposal and which, among other items: a. includes and provides for the developer's acquisition of a portion of the Development Property in the fore of condominium units at not less than the amount of the fair value thereof; b. provides for the operation of a taxpaying commercial enterprise on the Development Property; c. provides for the operation of a taxpaying residential enterprise on the Development Property; d. allows for potential incentives for Low to Moderate Income Housing; e. includes a written commitment for permanent financing or provides through other means acceptable to the City similar demonstrative evidence of the financial capacity of the developer to timely acquire the proposed portion of the Project; - 4- f. sets out or provides through other means acceptable to the City the developer's experience in working with other public/private redevelopment projects of the magnitude contemplated in the proposal; and g. sets out or provides through other means acceptable to the City the experience of the principals and key staff who will be directly engaged in the performance of the contract in carving out projects of similar scale and character. 3. Each proposal submitted which satisfies the foregoing minimum requirements, as determined by the City, shall be reviewed on the basis of the strength of such proposal as judged by the evaluative criteria contained in the Request for Proposal. The Request for Proposal also contains a draft Development Agreement, containing the details of the agreement between the City and the selected developer. 4. For the purpose of evaluating each developer's proposal, the Development Agreement shall be deemed to be illustrative of the minimum proposal acceptable to the City with respect to: (a) general form of the proposal; (b) representations and warranties; (c) terms of conveyance of the Property; (d) covenants of the Developer; and (e) all other provisions; provided, however, that the City reserves the right to amend the form of Development Agreement. 5. The Official Notice of this offering and of the intent of the City to enter into the Development Agreement by and between the City and the Developer shall be a true copy of this Resolution, but without the attachments referred to herein. Such Official Notice shall be published in a newspaper having a general circulation in the conununity, the "Press-Citizen". Said attachments shall be on file for public inspection at the office of the Administrative Secretary of the Department of Planning and Community Development, City Hall, 410 East Washington Street, Iowa City, Iowa 52240, during regular business hours. 6. Written proposals for the Project and the transfer and redevelopment of the Property will be received by the Administrative Secretary of the Department of Planning and Corrununity Development, City Hall, 410 East Washington Street, Iowa City, Iowa 52240, at or before 5:00 o'clock P.M. on April 6, 2010. - 5- 7. The Administrative Secretary or the City Clerk shall retain for public examination the responses to the Request for Proposals that are timely submitted. 8. It is the intent of the Council that in the event a proposal is timely submitted and recommended to be adopted, (a) the legislative process for adoption of an Urban Renewal Area will be initiated and (b) a second notice and hearing shall be held before the City shall enter into a Development Agreement on this Project. PASSED AND APPROVED this 2"d day of March, 2010. /~2r ~l -,-~ Mayor ATTEST: City erk - 6- ATTACHMENT I Request for Proposal: Private Developer for the City of Iowa City Multi-Use Parkin Fg acility, Iowa City, Iowa (including, Exhibits "A" and "B") Pmartii~/646993.1 /MSWord10714.098 r ~ ATTACHMENT NO. 1 TO RESOLUTION ~~^~ ~',,®-~~ - REQUEST FOR PROPOSAL ~ ~ i~MM®~t~ -+t.at~_ CITY OF IOWA CITY 410 Easl Washington Street March 2, 2010 i~~,~a cry, ioava 52240- 1826 (319) 356-5000 Request for Proposal: Private Developer for the City of Iowa (3 19) 356-5009 FAX r i ~ - City Near Southside Multi-Use Parking Facility g cgo~ .o wu tw. Please take note: This document constitutes a Request for Proposal, and is not a request for professional services. This Request for Proposal is not a request for a proposal or bid for a construction contract, but it is subject to Iowa Code Section 403.8 related to transfer of real property. Moreover, any acceptance of a proposal may result in a binding contract between the City and the proposer, in the substantial form of the Development Agreement contained in Exhibit "A", contingent upon certain legislative acts of the City Council related to formation of an Urban Renewal Area and approval of a Development Agreement. Nofice to Proposers: Sealed proposals will be received at the City Clerk's office at City Hall in Iowa City, Iowa until the time and date specified below for: Private Developer for the City of Iowa City Near Southside Multi-Use Parking Facility Project Proposals must be made to the City as to how the proposer would complete private developer services more specifically described herein. The City retains the right to reject proposals as non- responsive, to ask for clarification, to enter into negotiations to discuss cost, scope of work, procedures, and final work product. No contractual relationship will exist between any proposer and the City unless and until all legislative actions required to form an urban renewal area and execute a Development Agreement have been taken. Address Proposals to: Attention of the Administrative Secretary of the Department of Planning & Community Development; City Hall, 410 East Washington Street, Iowa City, Iowa 52240, on or before the time and date specified below. All proposals shall be enclosed in a sealed envelope and marked on-the outside in bold letters: City of Iowa City Near Southside Multi- use Parking Facility Project. Faxed and e-mailed proposals will not be accepted. Proposals due: 5:00 p.m. on April 6, , 2010 Questions should be directed via a-mail to: Jeff Davidson, Director Department of Planning & Community Development City of Iowa City, Iowa 410 East Washington Street Iowa City, Iowa 52240 319-356-5232 j eff-davidson@iowa-city.org Request for Proposal 3/2/2010 Request for Proposals Private Developer for the City of Iowa City Multi-Use Parking Facility Section 1. Background Information This request for proposal is directed to private developers interested in contracting with the City of Iowa City in the development of a multi-use parking facility in the near Southside Neighborhood south of downtown Iowa City, shown in the following Figure 1. Figure 1 Project location: Proposed Multi Use Parking Facility ~ , _ ~~. _. `` ~ ~' ~~ ~~ ~~ K r, ~1, ~} . ,, n 0 r-- UNI VFRSl7Y ~ ~--~ w.. a~ CF IOWA r.__^ ~ i ~ (~ ~ ~ ~~[ w~~~ ~r (~~ ~L-~0~~~~~~ ~~ ~~ - N _ ~ ~~~ ~~~ 4 ~yp~p~ Sr st~i[ KKxw~r ~1 ~ r I ~~~ ~1~ YA~~ U 1~.~ l~J `~ ~ I ' H~ruasa+ s ~ ~, UN/ V OF :i I ~' C~l~~~- _ _ ~- ~-- , r- ~.~C-~ .1 i ~~~~ ~ , ,.- ?. VNV Not to scale ~,~ ,~ ,. .,.~~ ,~ _ -~ ~-, ~~ err 1 u<.-Il ~, ~-, (~', f ~ r- r~ I ~_ CITY OF /OMA C/TY The site is bounded by Court Street on the north, Linn Street on the east, the vacated Harrison Street right-of-way on the south and the alley between Linn Street and Dubuque Street on the west. The site is owned by the City of Iowa City and is the former site of St. Patrick's School. Request for Proposal 3/2/2010 The site currently contains the old parish hall building, the foundation of the old school, and parking lots. All will be demolished by the City to prepare the site for the proposed multi-use parking facility. The City is in the process of forming a consultant team consisting of a selected private developer, an architectural firm, and Walker Parking Consultants of Elgin, IL. The City will select an architectural firm after consultation and input from the selected private developer. All final decisions regarding the consultant team will be made by the Iowa City City Council. Project Timeline The work to be performed by the architectural consultant -team will include all architectural and engineering services required for the construction of the facility. The Project will be separated into two contractual phases: • Phase 1: Schematic Design (completed by October 30, 2010). • Phase 2: Design Development (Design development, construction drawings and preparation of bidding materials, bidding, and construction administration.)(completed according to schedule established following completion of Phase 1). Section 2. Project Description The City of Iowa City desires to construct amulti-use parking facility ("Multi-Use Parking Facility" or "Project") providing for a parking component (approximately 600 spaces), commercial component (25,000-30,000 square feet) and a residential component (25-75 workforce housing units). The 600 space parking component is also referred to as "Parking Facility". The Project is located on a half block of property south of Court Street and west of Linn Street adjacent to downtown Iowa City. The proposed site is owned by the City of Iowa City. The demolition of existing structures on the site will occur in 2010 pending the City's final decision to proceed with the construction of the proposed Multi-Use Parking Facility. The final specific design of the Project with regard to the number of parking spaces, square feet of commercial space, and the specific number of residential units will be determined during Phase 1. Request for Proposal 3/2/2010 3 The City desires to have a private developer contract with the City to assist in the design and construction of the commercial and residential space of the Project. It is anticipated that said spaces will be sold to the developer after the shells of said spaces have been constructed and the developer will be solely responsible for completing the interior fit-out thereof. In accordance with Iowa Code Section 403.8, any transfer of real estate interests from the City to the Developer must be at not less than the fair market value of said interests. The City anticipates submitting the Project to a horizontal property regime, thereby establishing separate condominium spaces with the City of Iowa City owning and operating the Parking Facility and the developer owning preferably both the commercial and residential space. This type of condominium arrangement has been used successfully in City's Tower Place multi-use parking facility. The City's two preceding multi-use parking facilities, Tower Place and the Court Street Transportation Center, are considered representative examples of the type of facility that is desired. The proposed structure will not be a "parking ramp," but an urban building consistent with the overall character desired for the Near Southside redevelopment area. This concept is explained in greater detail in the City's Near Southside Design Plan, and is further developed in the Central District Plan. ~; i 1' ~S~'~~ ~! Tower Place Court Street Transportation Center Parking Component The Multi-Use Parking facility must include 600 parking spaces ("Parking Facility"). The Parking Facility will be owned by the City of Iowa City and operated by the City of Iowa City Request for Proposal 3/2/2010 4 Transportation Services Department. It is anticipated that the City will contract with the owner(s) of the commercial and residential space to provide parking for those uses. It is anticipated that CB-5 parking requirements will apply, including the residential parking impact fee. Commercial Component The proposed commercial space will include, at minimum, the first and second floor facades of the building and may also include upper-floor office space designed for a specific tenant. Uses contemplated are those typically found in the Central Business District zones. It its anticipated that office uses and live-work uses can be successful at this location. Although retail is more speculative at this location at present, the commercial space will be required to be designed with adequate features so it can be converted to retail space in the future as the Near Southside Neighborhood develops. It is contemplated that restrictions on alcohol and tobacco uses may be included as restrictive covenants. The final commercial space square footage will be determined during Phase 1 of the Project. Residential Component The City's interest in the residential portion of the structure is for workforce housing. This is housing intended for young professionals or persons in the workforce of moderate income who desire to live downtown. The City desires at least 20% of the units to be reserved for persons at 80% of County Median Income or below, with a preference of 60% of County Median Income for rental units. The remaining units should be targeted at persons up to 150% of County Median Income. These income targets translate to: 60% of Median 80% of Median 150% of Median One person household $31,920 $42,550 $79;800 Two person household $36,480 $48,650 $91,200 It is believed the income levels will support units in the $150,000-$275,000 price range, or $488/mo - $1500/mo rental range. Either owner-occupied condominiums or rental units are acceptable, or a combination. The City does not intend for the housing portion of the Project to be used for student housing or high income housing, as these markets are already adequately addressed by the private sector. Request for Proposal 3/2/2010 5 In order to attract the desired market, the residential space must be designed as efficiency and one bedroom units. In the event the City designates this area as an Urban Renewal Area and permits the use of TIF for the residential portion of this development, it will be acceptable to have a mix of affordable, subsidized rate units and market rate units as long as the efficiency and one bedroom design parameters are used. Down payment assistance for the housing component may be available through the City's Community Development funds. The final residential space square footage will be determined during Phase 1 of the Project City Financing It is anticipated that the City will contract for the construction of the exterior of the entire building, the completion of the Parking Facility, and the shell space of the commercial and residential components. At this time, it is anticipated that the City will fund the Project in two series: Series 1: taxable short-term bonds to fund the construction of the Project and Series 2: tax-exempt long-term financing to fund the Parking Facility ("Financing"). Urban Renewal Area and Development Agreement The City expects to establish an Urban Renewal Area for the purpose of allowing partial Tax Increment Financing (TIF) in connection with the low and moderate income ("LMI") portion of the residential space. TIF ,incentives are contingent on (1) the City Council adopting an Urban Renewal Plan for this area in compliance with the requirements of federal, state and local laws, including Iowa Code Chapter 403; (2) the acceptance of the Development Agreement with the terms of any incentives; and (3) the approval of such Development Agreement after the required legislative process (published notice and public hearing). The Development Agreement contemplated is attached as Exhibit "A". Construction of the commercial space and residential space will be conducted and managed according to the terms of the Development Agreement between the City and the selected private developer. See Exhibit "A". The costs of the design and construction of the Project will initially be born solely by the City. The Purchase Price to be paid by the proposed developer to the City for the commercial and residential condominium units ("Condominium Units") will be the greater of (i) a formula proposed in response to this RFP by the selected developer, which formula shall include the actual costs of construction, and may include the allocated costs for the land, demolition, design, and interest carrying costs for the construction financing, and other Request for Proposal 3/2/2010 6 components in the developer's discretion; and (ii) the County Assessor's determination of Minimum Actual Value based on the plans and specifications of the building. In no event shall the Purchase Price be less than the actual construction costs of the Condominium Units. In addition to construction costs, in making its proposal the developer should consider land cost of 3 million, demolition costs, design costs, carrying costs, the developer's proposed reservation for LMI Housing Units and proposed tax rebates, if any, and the parties' respective obligations under the condominium regime. The Purchase Price may also be referred to as the Fair Market Value of the respective Condominium Units. See Exhibit "A". It is the City's preference to have one developer for both the housing and the commercial portions of the Project. The prospective developer's proposal shall include a proposal for the development of the housing condominium units and may include a proposal for the development of commercial units. If the developer makes a joint proposal (for both housing and commercial units), the City reserves the right to reject the commercial proposal. Incentives are contemplated for Low and Moderate Income (LMI) housing units; however, such incentives, if any and at the City's sole discretion, can only be in the form of tax rebates (called "Economic Development Grants" or "Grants") and will be determined based on the responses received pursuant to this Request for Proposal. See Exhibit "A." Walk-Away Options Included in the Development Agreement are two provisions that allow either the City or the developer to terminate the Development Agreement in each party's sole discretion without past or future obligation under certain circumstances, such as excessive cost, untenable working relationship, unavailability of financing, failure of legislative approval and certain other causes ("Walk-Away Options"). The first Walk-Away Option is after the Phase I: Schematic Design Phase. At the time of this option, the parties will have collaborated with the rest of the consultant team on a Schematic Design. The second Walk-Away Option is after the Phase 2: Design Development Phase. Before the Walk-Away Option for Phase 2 expires, the City will have delivered to Developer (i) the Final Construction Plans for the Project; (ii) the Purchase Price for each Condominium Unit; (iii) the Minimum Assessment Agreement for each of the Condominium Units, (iv) the form of Condominium Units Declaration and Request for Proposal 3/2/2010 ~ (v) the specifications for the build out of the LMI Condominium Units. See Exhibit "A" for further details. Design Rights At all times during the design, construction and useful life of the Project, the City shall .have sole ownership of the Design Product (defined in the Development Agreement) and the developer will be required to keep the Design Product confidential. See Exhibit "A". Section 3. Submittal Requirements All proposals will be evaluated by a staff committee, and constitute authorization for the committee to seek verification of all answers. Proposals will consist of one signed original and 8 copies of the required information. All proposals must be printed on 8'/z" x 11" paper and shall be enclosed in a sealed envelope and marked on the outside in bold letters as follows: City of Iowa City Near Southside Multi-Use Parking Facility Project All proposals must comply with the following requirements and must be numbered accordingly: 1. Signed letter on the Proposer's letterhead indicating an interest in the Multi-Use Parking Facility Project and specifying whether the proposal is for "Residential and Commercial" or for "Residential only". 2. Primary contact person and contact information. 3. Legal name and address of the development entity, including all joint venture or limited partners and percentage of interest of each. Proposers are encouraged to include size of firm, parent company if applicable, and officers/principals of the firm. 4. Identification of the legal entity with whom the City would contract, whether the entity exists currently or would be created for the purpose of this Project, and the names and titles of all parties authorized to act on behalf of Proposer. 5. An organizational chart showing all members of the proposed development team including but not limited to developer, management agency, legal, design professionals and consultants. Contact information should be provided for each team member. Request for Proposal 3/2/2010 8 6. Description of Proposer's previous experience, including a brief description of at least two similar projects. The descriptions should include the specific role of the Proposer and the current status of the projects. Sufficient reference contact information should be provided for each project in order to permit the City to verify the information. 7. Evidence of the Proposer's financial capacity to obtain acquisition financing, including an applicable letter of credit, as evidence of Proposer's ability to acquire the residential (and commercial, if applicable) portion of the Project as generally described herein. 8. Narrative describing the Proposer's plan for coordinating with the City in the development, construction and acquisition of the Multi-Use Parking Facility Project. This should include: a. organization and management approach to the Project; b. schedule for completion of the Project; c. description of a general financing plan for the workforce housing (and commercial, if applicable), portion of the Project; d. copies of any letters of intent from prospective purchasers and/or tenants; e. description of the marketing approach to secure purchasers or tenants. f. The proposed Purchase Price Formulation for residential and commercial condominium units. The Purchase Price Formulation shall be stated separately for the residential condominium unit and the commercial condominium unit. The Purchase Price Formulation shall include components for the actual costs of construction, and may include components for allocated costs for the value of the land, demolition, design, interest carrying costs for the construction financing, and other components in the developer's discretion. See Exhibit "A." g. The proposed amount and description of Economic Development Grants for LMI housing related to the residential condominium units. These Grants must be in the form of tax rebates. 9. A statement relative to whether any of the principals, development entities, or members of the development team have ever been indicted for or convicted of a felony, and a description of any and all litigation involving the principals, development Request for Proposal 3/2/2010 9 entities, or members of the development team during the past five years. Complete Exhibit "B". 10. References from financial institutions, city governments and community organizations that will permit the City to verify the capabilities of the Proposer. 11. Identify any unique resources, capabilities or assets which the Proposer would bring to the Project. 12. Proposal submittal signature form (copy attached). Reservation Issuance of this RFP does not commit the City of Iowa City to establish an urban renewal area, enter into a Development Agreement, pay any costs incurred in preparation of a response to this request, or to procure or contract any services or supplies. The City reserves the right to reject any and all proposals and to make recommendations for changes in any proposal submitted, to waive informalities or irregularities, and may, in the process of this recommendation, allow the developer to make such recommended changes in its proposal. The City reserves the right to require additional information from the developer, financial or otherwise, and to hold meetings with any developer to review the offer and development proposal, and to waive any of the requirements set forth herein. The City may, at the conclusion of its review, recommend that the Council, in conjunction with appropriate legislative process, establish an urban renewal area and/or enter into a Development Agreement with the selected developer in substantially the form attached as Exhibit "A", or in a modified form. As an equal opportunity/affirmative action employer, the City prohibits discrimination on the basis of race, creed, color, sex, age, religion, sexual orientation, gender identification, marital status, disability, or national origin. Minority and women's business enterprises will be afforded full consideration and are encouraged to respond. Request for Proposal 3/2/2010 10 Disclosure of Proposal Content After the deadline for submissions of proposals, the contents of the proposals will be placed in the public domain and open for inspection by the public. Trade secrets or proprietary information that are recognized as such and are protected by law may be withheld if clearly identified as such in the proposal. Disposition of Proposals All proposals become the property of the City and will not be returned to the bidder. Independent Contractor The selected developer will act as a separate legal entity and will not be in joint venture, employment or be otherwise affiliated with the City. The developer is responsible for all insurance, salaries, contracts, withholding taxes, social security, unemployment, worker's compensation and other taxes and other liabilities it incurs in connection with the Project, and shall hold the City harmless from any and all claims for the same. The submission of a letter of interest and statement of qualifications will not require a fee or deposit. The City shall have the right to verify the accuracy of all information submitted and to make such investigation as it deems necessary or appropriate to determine the ability of a prospective developer to carry out the Project. The City reserves the right to reject any response where the evidence or information does not satisfy the City that the prospective developer is qualified to carry out the Project, is a person or firm of good reputation or character, or if the developer refuses to cooperate with and assist the City in the making of such investigation. Section 4. Evaluation Criteria A City Staff committee will evaluate each proposal individually and in the context of all other proposals. Proposals must be fully responsive to the requirements described in Section 3, and to any subsequent requests for clarification or additional information made by the City. Proposals must comply with and are subject to all provisions of applicable federal, state, and local laws, on urban renewal development, zoning and building regulations. Proposals failing to comply with the submission requirements or those unresponsive to any part of this solicitation may be disqualified. The City may, in its sole discretion, elect to waive requirements either for all proposals or for a specific proposal. Request for Proposal 3/2/2010 11 The criteria against which each proposal will be considered may include the following, as well as other factors considered by the City as appropriate: 1. Compliance with Submittal Requirements, as specified above. 2. Developer experience and capabilities a. Quality and responsiveness of the proposal b. Composition and experience of the development team c. Quality and success of similar projects d. Organization and management approach to the Project e. References, including reputation of the developer within the construction industry based on reference checks f. Demonstrated ability of the developer to work cooperatively with owners, community groups, contractors, engineers, construction managers and others. 3. Financial strength of the developer a. References from financial institutions b. Letters from prospective purchasers and/or tenants c. Evaluation of proof of financial ability to purchase applicable Condominium Units 4. Market and economic viability of the proposal a. Detail and reliability of proposed financial plan b. Indication of developer equity investment in the Project c. Marketing approach 5. Fiscal benefit to the City and its residents a. Proposed purchase price for condominium units. b. Projected property tax revenues c. Required City services and/or funding d. Employment opportunities created 6. Consistency with the City of Iowa City Near Southside Design Plan, Central District Plan, the City's Economic Development Strategy, and any applicable Urban Renewal Plan. 7. Appropriateness and compatibility of proposal with character of the site and surrounding neighborhood. 8. Priority will be given to local Project proposals in descending order as follows: Iowa City, Johnson County, State of Iowa, United States. Priority will also be given to proposals providing for development of workforce housing and commercial Request for Proposal 3/2/2010 12 development, provided that the quality and cost are otherwise equal with competing workforce housing only proposals. 9. Compliance with all applicable federal, state and local laws, rules, regulations and policies. 10. All other factors deemed to be in the best interests of the City. Section 5. Interviews Once the selection committee has determined it is at an appropriate stage in its evaluation of proposals, finalist developers may be invited to make oral presentations to the committee. The City reserves the right, however, to accept proposals without oral presentations. Section 6. Non-Assignment No developer shall assign or transfer to any other person or corporation, any interest in its proposal prior to execution of a Development Agreement without the express written authorization of the City. After execution of a Development Agreement and until the proposed development has been completed, no interest in the contract may be assigned or transferred without the written consent of the City, except as set forth in the Development Agreement. Request for Proposal 3/2/2010 13 Proposal submittal signature form The undersigned attests to his/her authority to submit this proposal and to bind the firm herein named to perform if the firm is selected by the City of Iowa City. The undersigned further certifies that he/she has read the Request for Proposal, terms and conditions, and any other documentation relating to this request; has complied in all respects with all conditions hereof, and this proposal is submitted with full knowledge and understanding of the requirements and time constraints noted herein. The undersigned hereby further acknowledges that it accepts the terms of the Request for Proposals in its entirety and by the submission of its proposal hereby waives any claims or claims to irregularities that arise out of such RFP, the process employed by the City to solicit and develop proposals, the RFP evaluation process described in the RFP, and agrees to release and hold harmless the City, its employees, agents, and consultants from any claim, loss, or damage arising therefrom. The undersigned hereby authorizes any person, firm or corporation to furnish any credit history and financial condition or other information required by the City to verify information related to the Firm's submission to the City. I hereby certify, on behalf of the undersigned Firm, that the above information is true and correct to the best of my knowledge and that the City may rely on the information provided. Firm name: Home office address: City, state, zip: Signature: Date: Request for Proposal 3/2/2010 14 EXHIBIT "A" DEVELOPMENT AGREEMENT Request for Proposal 3/2/2010 EXHIBIT "A" AGREEMENT FOR PRIVATE DEVELOPMENT By and Between THE CITY OF IOWA CITY, IOWA AND [PROPOSED DEVELOPER] 2010 Development Agreement -Draft 3/2/2010 TABLE OF CONTENTS ARTICLE I. DEFINITIONS ................................................................................................ 2 ARTICLE II. REPRESENTATIONS AND WARRANTIES ............................................... 5 ARTICLE III. DESIGN OF FACILITY, WALK-AWAY OPTIONS, POST WALK- AWAY PERIODS .......................................................................................... . 6 ARTICLE IV. CONDOMINIUM TRANSFER .................................................................... 11 ARTICLE V. CONSTRUCTION PLANS; CONSTRUCTION OF MINIMUM IMPROVEMENTS; CERTIFICATE OF COMPLETION ........................... 17 ARTICLE VI. INSURANCE ................................................................................................ 18 ARTICLE VII. COVENANTS OF THE DEVELOPER ........................................................ 19 ARTICLE VIII. STATUS OF DEVELOPER .......................................................................... 22 ARTICLE IX. ECONOMIC DEVELOPMENT GRANTS .................................................. 22 ARTICLE X. INDEMNIFICATION ................................................................................... 25 ARTICLE XI. DEFAULT AND REMEDIES ...................................................................... 26 ARTICLE XII. RESERVED ................................................................................................... 28 ARTICLE XIII. MISCELLANEOUS ...................................................................................... 28 EXHIBIT A DEVELOPMENT PROPERTY EXHIBIT B MINIMUM IMPROVEMENTS -PARKING FACILITY EXHIBIT B-1 CONDOMINIUM UNIT(S)-COMMERCIAL EXHIBIT B-2 CONDOMINIUM UNIT(S)-RESIDENTIAL EXHIBIT B-3 FORM OF DECLARATION OF CONDOMINIUM UNITS EXHIBIT C MINIMUM IMPROVEMENTS OF LMI RESIDENTIAL UNITS EXHIBIT C-1 FINAL DOLLAR AMOUNTS EXHIBIT D CERTIFICATE OF COMPLETION OF ARCHITECT EXHIBIT E MEMORANDUM OF AGREEMENT FOR PRIVATE DEVELOPMENT EXHIBIT F MINIMUM ASSESSMENT AGREEMENT EXHIBIT G FORM OF LEGAL OPINION EXHIBIT H CONFIDENTIALITY AND ACKNOWLEDGMENT OF OWNERSHIP OF DESIGN PRODUCT Development Agreement -Draft 3/2/2010 AGREEMENT FOR PRIVATE DEVELOPMENT THIS AGREEMENT FOR PRIVATE DEVELOPMENT (hereinafter called "Agreement"), is made on or as of the day of , 2010, by and between the CITY OF IOWA CITY, IOWA, a municipality (hereinafter called "City"), established pursuant to the Code of Iowa of the State of Iowa and acting under the authorization of Chapter 403 of the Code of Iowa, 2009, as amended (hereinafter called "Urban Renewal Act") and [Proposed Developer], a corporation with a principal place of business in (the "Developer"). The City and the Developer constitute the parties to this Agreement. WITNESSETH: WHEREAS, in furtherance of the objectives of the Urban Renewal Act, the City has undertaken a program for the clearance and reconstruction or rehabilitation of an economic development area in the City and, in this connection, is engaged in carrying out urban renewal project activities in an area known as the Near Southside Urban Renewal Area [name of area to be confirmedJ, which area is described in the Urban Renewal Plan approved for such area by Resolution No. on :and WHEREAS, a copy of the foregoing Urban Renewal Plan, as amended, has been recorded among the land records in the office of the Recorder of Johnson County, Iowa; and WHEREAS, the City currently owns real property located in the foregoing Urban Renewal Area, as more particularly described in Exhibit A annexed hereto and made a part hereof, which property as so described is hereinafter referred to as "Development Property"; and WHEREAS, the City intends to work with Developer and other consultants to design a multi-use parking facility with a parking component, a commercial component and a residential component ("Multi-Use Parking Facility"); and WHEREAS, upon the conclusion of design phase of the Project, unless the City or Developer exercises a "Walk-Away" option, the City intends to construct and subsequently transfer the commercial and residential components in the form of Condominium Units to Developer in exchange for payment of the Fair Market Value for such Units; and WHEREAS, the City believes that the development of the Development Property pursuant to this Agreement and the fulfillment generally of this Agreement, are in the vital and best interests of the City and in accord with the public purposes and provisions of Chapters 403, 15A and other applicable State and local laws and requirements under which the foregoing project has been undertaken and is being assisted. Development Agreement -Draft 3/2/2010 NOW, THEREFORE, in consideration of the promises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: ARTICLE L DEFINITIONS Section 1.1. Definitions. In addition to other definitions set forth in this Agreement, all capitalized terms used and not otherwise defined herein shall have the following meanings unless a different meaning clearly appears from the context: Agreement means this Agreement and all appendices hereto, as the same may be from time to time modified, amended or supplemented. Bonds means such bonds, notes or other evidence of indebtedness issued by the City to fund its obligations under this Agreement. Certificate of Completion means the Architect's certification in the form of the certificate attached hereto as Exhibit D and hereby made a part of this Agreement, provided to the Developer pursuant to Section 5.5 of this Agreement. City means the City of Iowa City, Iowa, or any successor to its functions. Code means the Code of Iowa, 2009, as amended. Commencement Date means the date of this Agreement. Condominium Unit(s)-Commercial means that portion of the Minimum Improvements that make up the Commercial Condominium Unit(s) as described in Exhibit B-1. Condominium Unit(s)-Residential means that portion of the Minimum Improvements that make up the Residential Condominium Unit(s) as described in Exhibit B-2. Condominium Unit(s)-LMI Residential means those Condominium Units within the Condominium Unit(s)-Residential that are eligible for LMI Residential Economic Development Grants pursuant to Section 9.1(a). Condominium Units means both the Condominium Unit(s)-Commercial and Condominium Unit(s)-Residential. Construction Plans means the plans, specifications, drawings and related documents reflecting the construction work to be performed by the City's contractors on the Development Property pursuant to Article V; the Construction Plans shall be as detailed as the plans, specifications, drawings and related documents which are approved by the Director of Developmental Services, City Planner or Building Official of the City as required by applicable City codes. Final Construction Plans are defined in Section 5.1. County means the County of Johnson, Iowa. Development Agreement -Draft 3/2/2010 -2- Declaration of Condominium Units means the document setting forth the detailed description of the Condominium Unit(s)-Commercial and Condominium Unit(s)-Residential, including but not limited to common elements, reconstruction requirements, maintenance responsibilities, and use and occupancy restrictions. See Exhibit B-3 for a preliminary form of a Declaration of Condominium Units. Such Declaration will be revised by the City after the Phase 1 Schematic Design and Phase 2 Design Development stages are completed. Developer means [Proposed Developer], a [corporation], and its successors and assigns. Development Property means that portion of the Near Southside Urban Renewal Area of the City described in Exhibit A hereto. Event of Default means any of the events described in Section 11.1 of this Agreement. Fair Market Value means the value as calculated in Section 3.3(f) and 3.3(g). Also referred to as Purchase Price. LMI Person(s) means those families, including single person households, earning no more than eighty percent of the higher of the median family income of the County or the statewide nonmetropolitan area as determined by the latest United States Department of housing and urban development, section 8 income guidelines. LMI Minimum Improvements means the specifications required for the build out of the units of the Condominium Unit(s)-Residential for Developer to be eligible for LMI Residential Economic Development Grants, as described in Exhibit C. LMI Residential Economic Development Grants or Economic Development Grant means the Tax Increment payments to be made by the City to the Developer under Article IX of this Agreement. Minimum Assessment Agreement or Assessment Agreements means the agreement described in Section 7.6 and Exhibit F. Minimum Improvements shall mean the construction of a multi-use parking facility ("Multi-Use Parking Facility" or "Project") providing for a parking component (approximately 600 spaces), the shell of a square feet commercial component ( square feet) and the shell of a square feet residential component. The parking component is also referred to as "Parking Facility." For further detail on the Minimum Improvements, see Exhibits B, B-1 and B-2. Near Southside Urban Renewal Area Tax Increment Revenue Fund means the special fund of the City created under the authority of Section 403.19(2) of the Code and the Ordinance, which fund was created in order to pay the principal of and interest on loans, monies advanced to or indebtedness, whether funded, refunded, assumed or otherwise, including bonds or other Development Agreement -Draft 3/2/2010 -3- obligations issued under the authority of Section 403.9 or 403.12 of the Code, incurred by the City to finance or refinance in whole or in part projects undertaken pursuant to the Urban Renewal Plan for the Urban Renewal Area. Net Proceeds means any proceeds paid by an insurer to the Developer under a policy or policies of insurance required to be provided and maintained by the Developer, as the case may be, pursuant to Article VI of this Agreement and remaining after deducting all expenses (including fees and disbursements of counsel) incurred in the collection of such proceeds. Ordinance means Ordinance No. of the City, under which the taxes levied on the taxable property in the Urban Renewal Area shall be divided and a portion paid into the Near Southside Urban Renewal Area Tax Increment Revenue Fund. Ordinance to be passed after UR area is formed and UR Plan adopted.) Project shall mean the construction and operation of the Minimum Improvements on the Development Property, as described in this Agreement. Purchase Price means the calculation described in Section 3.3(f) and 3.3(g). Also known as Fair Market Value. State means the State of Iowa. Tax Increments means the property tax revenues with respect to the Condominium Unit(s)-Residential that are divided and made available to the City for deposit in the Near Southside Urban Renewal Area Tax Increment Revenue Fund under the provisions of Section 403.19 of the Code and the Ordinance. See Article IX for further detail. Termination Date means the date of termination of this Agreement, as established in Section 13.8 of this Agreement. Near Southside Multi-Use Parkin Faciliteject TIF Account means a separate account within the Near Southside Urban Renewal Area Tax Increment Revenue Fund of the City, in which there shall be deposited all Tax Increments received by the City with respect to the Condominium Unit(s)-Residential. Unavoidable Delays means delays resulting from acts or occurrences outside the reasonable control of the party claiming the delay including but not limited to storms, floods, fires, explosions or other casualty losses, unusual weather conditions, strikes, boycotts, lockouts or other labor disputes, delays in transportation or delivery of material or equipment, litigation commenced by third parties, or the acts of any federal, State or local governmental unit (other than the City). Urban Renewal Plan means the Urban Renewal Plan, as amended, approved in respect of the Near Southside Urban Renewal Area, described in the preambles hereof. Development A~-eement -Draft 3/2/2010 -4- ARTICLE II. REPRESENTATIONS AND WARRANTIES Section 2.1. Representations and Warranties of the City. The City makes the following representations and warranties: (a) The City is a municipal corporation and political subdivision organized under the provisions of the Constitution and the laws of the State and has the power to enter into this Agreement. (b) The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a breach of, the terms, conditions or provisions of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which the City is now a party or by which it is bound, nor do they constitute a default under any of the foregoing. Section 2.2. Covenants Obligations Representations and Warranties of Developer. The Developer makes the following representations and warranties: (a) The Developer is a corporation duly organized and validly existing under the laws of the State of Iowa, and has all requisite power and authority to purchase and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under the Agreement. (b) This Agreement has been duly and validly authorized, executed and delivered by the Developer and, assuming due authorization, execution and delivery by the City, is in full force and effect and is a valid and legally binding instrument of the Developer enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. Attached as Exhibit G and incorporated herein is an opinion by Developer's counsel. (c) The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of the articles of organization and bylaws of the Developer or of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which the Developer is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. (d) There are no actions, suits or proceedings pending or threatened against or affecting the Developer in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position or results of operations of the Developer or which in any manner raises any questions affecting the validity of the Agreement or the Developer's ability to perform its obligations under this Agreement. Development Agreement -Draft 3/2/2010 -5- (e) The Developer will cause the Condominium Units to be maintained in accordance with the terms of this Agreement, the Declaration of Condominium Units (Exhibit B- 3), the Urban Renewal Plan and all local, State and federal laws and regulations. (fj The Developer has submitted evidence satisfactory to the City that the Developer has the financial ability to purchase the Condominium Units at a price of at least $ (g) Reserved (h) Reserved. (i) Reserved. (j) The Developer would not undertake its obligations under this Agreement without the transfer of the Condominium Units by the City and payment by the City of the Economic Development Grants being made to the Developer pursuant to this Agreement. ARTICLE III. DESIGN OF FACILITY, WALK-AWAY OPTIONS POST WALK-AWAY PERIODS Section 3.1. Phases. The Project will be separated into two development phases: Phase 1: Schematic Design Phase 2: Design Development (design development, construction drawings and preparation of bidding materials, and construction administration.) Section 3.2. Phase 1: Schematic Design. As a necessary means of achieving the goals and objectives of the Urban Renewal Plan, and in consideration of the incentives contemplated to Developer under this Agreement, the Developer will assist the City and the City's consultant team in the Phase 1: Schematic Design phase of the planning of the Multi-Use Parking Facility. It is expected that the Phase 1: Schematic Design phase will be completed by October 30, 2010. (a) Meetings. Developer will attend all meetings requested by the City and City's consultant team at Developer's expense. (b) Services. Developer will provide such design input as requested by the City. Developer will receive no compensation for its services for the Phase I Schematic Design phase of the Multi-Use Parking Facility. (c) Post Phase 1 Walk-Away Option. Within seven (7) days after the parties agree to the conclusion of (1) Phase 1: Schematic Design or (2) 2010, whichever comes first,(the "Post Phase 1 Walk-Away Date"), the City or the Developer can opt to terminate this Agreement under this Section 3.2(c) for any of the following reasons: Development Agreement -Draft 3/2/2010 -6- (i) Either party determines that the other party is not in material compliance with all the terms and provisions of this Agreement; (ii) Either party decides the Project is too expensive to proceed; (iii) Either party determines that the working relationship between the parties is not conducive to proceeding any further; (iv) The City elects not to or fails to obtain the legal authorization for the sale of one or more series of short-term or long-term Parking Enterprise Revenue Bonds ("Bonds") or other financing on such terms as are acceptable in the sole discretion of the City. Said Bonds or other financing will be subject to annual appropriation by the City and payable solely and only from the incremental tax revenues created by the parking component of the Multi-Use Parking Facility; (v) In the exercise of its sole discretion, the City has not held all necessary hearings or taken legislative action to amend or adopt the Urban Renewal Plan; (vi) There has been a substantial change for the worse in the financial resources and ability of the Developer, which change(s) makes it likely, in the reasonable judgment of the City, that the Developer will be unable to fulfill its covenants and obligations under this Agreement; (vii) In the City's sole determination, there are no willing and able purchasers for the Bonds or other financing provided to construct the Project; or (viii) The parties agree to mutually terminate the Agreement under this Section 3.2(c). (d) Post Phase 1 Walk-Away Option Expiration. The Post Phase 1 Walk- Away Option expires and is not available to the City or Developer if City or Developer does not terminate this Agreement within seven (7) days after the Post Phase 1 Walk- Away Date. If the City or Developer exercises said Walk-Away Option under Section 3.2(c), this Agreement shall be deemed terminated and not a breach or default. In such event, neither party has any prior or further obligation, responsibility or liability of any kind, to each other or any third party, except for Developer's obligations under Exhibit H to keep confidential all Design Product information, and acknowledge the City's ownership of the Design Product. Section 3.3. Phase 2: Design Development. If the parties proceed after the conclusion of the Phase 1: Schematic Design phase, as a necessary means of achieving the goals and objectives of the Urban Renewal Plan, and in consideration of the incentives contemplated to Developer under this Agreement, the Developer will assist the City and the City's consultant Development Agreement -Draft 3/2/2010 -7- team in the Phase 2: Design Development phase of the planning of the Multi-Use Parking Facility. It is expected that the Phase 2: Design Development phase will be completed by (a) Meetings. Developer will attend all meetings requested by the City and City's consultant team at Developer's expense. (b) Services. Developer will provide such design input as requested by the City. Developer will receive no compensation for its services for the Phase 2: Design Development phase of the Multi-Use Parking Facility. Design Development includes, but is not limited to, design development, construction drawings, drawings and preparation of bidding; materials and construction administration. Developer will consult on all of the foregoing aspects at the request of the City. (c) Phase 2 Completion. Within seven (7) days after the parties agree to the conclusion of (1) Phase 2: Design Development or (2) ,2010, whichever comes first ("Phase 2 Completion Date"), the City will calculate and deliver to Developer the Final Dollar Amounts, in the form attached hereto as Exhibit C-1, which shall include the following: (i) The Purchase Price (also known as Fair Market Value) for each of the Condominium Units (Purchase Price is defined in Sections 3.3.(f) and 3.3.(g)); (ii) The Minimum Assessment Agreements, as described in Section 7.6, substantially in the form attached as Exhibit F for the Condominium Unit(s)-Residential and Condominium Unit(s)- Commercial; (iii) The Form of Declaration of Condominium Units. (Exhibit B-3); (iv) The Final Construction Plans for the Parking Facility, shell Condominium Units in the manner set forth in Article V; (v) The specifications of the Minimum Improvements of the build out of the Condominium Unit(s)-LMI Residential. (Exhibit C). (d) Post Phase 2 Walk-Away Option. The date the City delivers the Final Dollar Amounts (Exhibit C-1) in Section 3.3(c) above is the "Delivery Date." Within 30 days of the Delivery Date, the City or the Developer can opt to terminate this Agreement under this Section 3.3(d) for any of the following reasons: Development Agreement -Draft 3/2/2010 -8- (i) Either party determines that the other party is not in material compliance with all the terms and provisions of this Agreement; (ii) Either party decides the Project is too expensive to proceed; (iii) Either party determines that the working relationship between the parties is not conducive to proceeding any further; (iv) The City elects not to or fails to obtain the legal authorization for the sale of one or more series of short-term or long-term Parking Enterprise Revenue Bonds ("Bonds") or other financing on such terms as are acceptable in the sole discretion of the City. Said Bonds or other financing will be subject to annual appropriation by the City and payable solely and only from the incremental tax revenues created by the parking component of the Multi-Use Parking Facility; (v) In the exercise of its sole discretion, the City has not held all necessary hearings or taken legislative action to amend or adopt the Urban Renewal Plan; (vi) There has been a substantial change for the worse in the financial resources and ability of the Developer, which change(s) makes it likely, in the reasonable judgment of the City, that the Developer will be unable to fulfill its covenants and obligations under this Agreement; (vii) In the City's sole determination, there are no willing and able purchasers for the Bonds or other financing provided to construct the Project; or (viii) The parties agree to mutually terminate the Agreement under this Section 3.3(d). (e) Post Phase 2 Walk-Away Option Expiration. The Post Phase 2 Walk-Away Option expires and is not available to the City or Developer if (1) City or Developer do not terminate this Agreement within thirty (30) days of the Delivery Date and (2) if the Developer returns the Final Dollar Amounts letter from the City in the form provided by the City within thirty (30) days of the Delivery Date. If the City or Developer terminates this Agreement under Section 3.3(d), neither party has any prior or further obligation, responsibility or liability of any kind, to each other or anyone else, except for Developer's obligations under Exhibit H to keep confidential all Design Product information, and acknowledge the City's ownership of the Design Product. (f) Purchase Price of the Condominium UnitL)-Commercial .The Purchase Price of the Condominium Unit(s)-Commercial, which also constitutes Development Agreement -Draft 3/2/2010 -9- Fair Market Value of the Condominium Unit(s)-Commercial (Purchase Price and Fair Market Value can be used interchangeably) is calculated as follows: (i) Calculate cost based on [the selected developer's "Purchase Price Formulation" will be inserted here. Per the Request for Proposal, the Purchase Price Formulation shall be no less than the actual construction costs for the proportional square footage of the Condominium Unit(s)- Commercial. It may include additional allocations for the City's purchase costs of the "Development Property" ($3.0 million), demolition costs, design costs, interest carrying costs for construction financing, and other items the Developer may choose to include in the Formulation.] (ii) Assessor will calculate the minimum actual value (Minimum Actual Value) for the Condominium Unit(s)-Commercial based on the Final Construction Plans; (iii) The Fair Market Value or Purchase Price of the Condominium Unit(s)- Commercial will be the greater of the calculation based on subparagraph (i) above and the Assessor's calculation of Minimum Actual Value in subparagraph (ii) above. (g) Purchase Price of the Condominium Unit(s)-Residential. The Purchase Price of the Condominium Unit(s)-Residential, which also constitutes Fair Market Value of the Condominium Unit(s)-Residential (Purchase Price and Fair Market Value can be used interchangeably) is calculated as follows: (i) Calculate cost based on [the selected developer's "Purchase Price Formulation" will be inserted here. Per the Request for Proposal, the Purchase Price Formulation shall be no less than the actual construction costs for the proportional square footage of the Condominium Unit(s)- Residential. It may include additional allocations for the City's purchase costs of the "Development Property" ($3.0 million), demolition costs, design costs, interest carrying costs for construction financing, and other items the Developer may choose to include in the Formulation.] (ii) Assessor will calculate the minimum actual value (Minimum Actual Value) for the Condominium Unit(s)-Residential based on the Final Construction Plans (iii) The Fair Market Value or Purchase Price of the Condominium Unit(s)-Residential will be the greater of the calculation based on subparagraph (i) above and the Assessor's calculation of Minimum Actual Value in subparagraph (ii) above. Section 3.4. Design Product Ownership. At all times during the design, development, construction and useful life of the Project (including but not limited to Phase 1 and Phase 2), the Development Agreement -Draft 3/2/2010 -10- City is the sole owner of all design concepts, drawings, diagrams, documents, or communications related to the Project produced by any person during the course of Phase 1 and Phase 2, whether written, oral or electronic ("Design Product") and Developer shall keep confidential the Design Product and not use, transfer, copy, or allow anyone else to use, transfer, copy the Design Product in any way without written consent of the City's City Attorney, Eleanor Dilkes, or her successor or assign. In conjunction with the execution of this Agreement, Developer shall sign the Confidentiality and Acknowledgment of Ownership Agreement contained in Exhibit H. ARTICLE IV. CONDOMINIUM TRANSFER Section 4.1. Condominium Description. Upon completion of the construction of the Multi-Use Parking Facility and in furtherance of the goals and objectives of the Urban Renewal Plan for the Urban Renewal Area and the Urban Renewal Act, the City agrees, subject to the Developer being and remaining in compliance with the terms of this Agreement and to the terms of this Article IV, to transfer to the Developer the Condominium Units for the Fair Market Value, as stated in the Final Dollar Amounts Letter (Exhibit C-1). Section 4.2. Access to Property. Prior to the transfer of the Condominium Units to the Developer, the City shall permit representatives of the Developer to have access to any part of the Condominium Units, at all reasonable times necessary to carry out the purposes of this Agreement. After the transfer of the Condominium Units by the City to the Developer, the Developer shall permit the representatives of the City access to the Condominium Units at all reasonable times which it deems necessary for the purposes of this Agreement. No compensation shall be payable nor shall any charge be made in any form by any party for the access provided for in this Section. Section 4.3 Conveyance of Condominium Units. (a) Form of Deed. The City shall convey to the Developer title to the Condominium Units by Quit Claim Deed ("Deed"). Such conveyance and title shall, in addition to the condition subsequent provided for in Section 4.2 above, and to all other conditions, covenants and restrictions set forth or referred to elsewhere in this Agreement, be subject to all conditions, covenants and restrictions contained in the Urban Renewal Plan, the Declaration of Condominium Units and this Agreement. (b) Recordation of Deed. The Developer shall promptly file the Deed for recordation among the land records in the office of the Recorder of Johnson County, Iowa. The Developer shall pay all costs for so recording the Deed. (c) Abstract of Title. The City shall provide an Abstract of Title continued to date on the Condominium Units for examination by the Developer within thirty (30) days of closing on the Condominium Units. The Abstract shall become the property of the Developer at the time of delivery of the Deed for the Condominium Units, and the Abstract shall show good and merchantable title free Development Agreement -Draft 3/2/2010 -11- and clear of all taxes, encumbrances, easements, covenants, reservations and restrictions, except as otherwise agreed to herein. After examination of the Abstract of Title by the Developer the Abstract of Title shall be held by the City until delivery of the Deed to the Developer for said Condominium Units. Section 4.4. Conditions Precedent. Notwithstanding the provisions of Sections 4.2 and 4.3, the City's obligations to transfer the Development Property to the Developer under this Article IV, shall be subject to satisfaction of the following conditions precedent: (a) Developer shall pay the City the Fair Market Value of the Condominium Units, as stated in the Final Dollar Amounts Letter (Exhibit C-1); (b) The Developer shall be in material compliance with all the terms and provisions of this Agreement; (c) Approval, execution and recording of the Memorandum of Agreement for Private Development by the City and the Developer pursuant to Section 13.9 and Exhibit E of this Agreement; (d) Execution and recording of the Minimum Assessment Agreement (Exhibit F) by the City, the County and the Developer pursuant to Section 7.6 of this Agreement; and (e) There has not been a substantial change for the worse in the financial resources and ability of the Developer, or Developer's financing commitments secured by the Developer for the purchase of the Condominium Units, which change(s) makes it likely, in the reasonable judgment of the City, that the Developer will be unable to fulfill the covenants and obligations of this Agreement. Section 4.4.1. Fair Market Value. The Developer agrees to pay the Purchase Price (as contained in the Final Dollar Amounts (Exhibit C-1) from the City) for the Condominium Units within thirty (30) days of the receipt of the Architect's Certificate of Completion, in the form of Exhibit D. Section 4.5. Restrictions on Use. The Developer agrees for itself, and its successors and assigns, and every successor in interest to the Condominium Units, or any part thereof, and the Deed shall contain covenants on the part of the Developer for itself, and such successors and assigns, that the Developer and such successors and assigns, shall: (a) Devote the Condominium Units to, and only to and in accordance with, the uses specified in the Urban Renewal Plan and the Form of Declaration of Condominium Units; and (b) Not discriminate upon the basis of age, color, creed, national origin, race, religion, marital status, sex, sexual orientation, gender identity, physical disability, or familial status in the sale, lease, or rental or in the use or occupancy of the Development Agreement -Draft 3/2/2010 -12- Condominium Units or any improvements erected or to be erected thereon, or any part thereof. Section 4.6. Covenants• Binding Upon Successors in Interest Period of Duration. It is intended and agreed, the Deed shall so expressly provide, that the agreements and covenants provided in this Article IV hereof shall be covenants running with the land and that they shall, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in this Agreement, be binding, to the fullest extent permitted by law and equity, for the benefit and in favor of, and enforceable by, the City, its successors and assigns, the City and any successor in interest to the Condominium Units, or any part thereof, against the Developer, its successors and assigns and every successor in interest to the Condominium Units, or any part thereof or any interest therein, and any party in possession or occupancy of the Condominium Units or any part thereof. It is further intended and agreed that the agreements and covenants provided in Section 4.5 of this Article IV shall remain in effect without any limitation in the time: Provided, That such agreements and covenants shall be binding on the Developer itself, each successor in interest to the Condominium Units, and every part thereof, and each party in possession or occupancy, respectively, only for such period as such successor or party shall have title to, or an interest in, or possession or occupancy of, the Condominium Units or any part thereof. The terms "uses specified in the Urban Renewal Plan" referring to the provisions of the Urban Renewal Plan, or similar language, in this Agreement shall include the land and all building, housing, and other requirements or restrictions of the Urban Renewal Plan. Section 4.7. CitYRig_hts to Enforce. In amplification, and not in restriction of, the provisions of the preceding Section, it is intended and agreed that the City and its successors and assigns shall be deemed beneficiaries of the agreements and covenants provided in Section 4.5 hereof, both for and in its own right and also for the purposes of protecting the interests of the community and other parties, public or private, in whose favor or for whose benefit such agreements and covenants have been provided. Such agreements and covenants shall (and the Deed shall so state) run in favor of the City, without regard to whether the City has at any time been, remains, or is an owner of any land or interest therein to or in favor of which such agreements and covenants relate. The City shall have the right, in the event of any breach of any such agreement or covenant, to exercise all the rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach of agreement or covenant, to which it or any other beneficiaries of such agreement or covenant may be entitled, and shall be entitled to recover, in addition to its court costs, a reasonable attorney's fee to be fixed by the court, and such recovery shall include court costs and attorney's fee on appeal, if any. Section 4.8 Representation as to Development. The Developer represents and agrees that the transfer of the Condominium Units by the City to the Developer, and the Developer's other undertakings pursuant to this Agreement, are and will be used for the purpose of development of the Condominium Units. The Developer further recognizes: (a) the importance of the development of the Development Property to the general welfare of the community; Development Agreement -Draft 3/2/2010 -13- (b) the substantial investment and other public aids that have been made available by law and by the City for the purpose ofmaking such development possible; and (c) the fact that any act or transaction involving or resulting in a significant change in the ownership or with respect to the identity of the parties in control of the Developer or the degree thereof, is for practical purposes a transfer or disposition of the Condominium Units then owned by the Developer, the qualifications and identity of the Developer are of particular concern to the community and the City. The Developer recognizes that it is because of such qualifications and identity that the City is entering into this Agreement with the Developer, and in so doing is further willing to accept and rely on the obligations of the Developer for the faithful performance of all undertakings and covenants hereby by it to be performed without requiring in addition a surety bond or similar undertaking for such performance of all undertakings and covenants in this Agreement. Section 4.9 .Prohibition Against Subsequent Transfer of Property and Assignment of Agreement. For the foregoing reasons the Developer represents and agrees for itself, and its successors and assigns, that: (a) Except only by way of security for, and only for, (i) the purpose of obtaining financing necessary to enable the Developer or any successor in interest to the Condominium Units, or any part thereof, to perform its obligations with respect to purchasing the Condominium Units under this Agreement, and (ii) any other purpose authorized by this Agreement, the Developer (except as so authorized) has not made or created, and that it will not make or create, or suffer to be made or created, any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to this Agreement or the Condominium Units, or any part thereof or any interest therein, or any contract or agreement to do any of the same, without the prior written approval of the City. (b) The City shall be entitled to require, except as otherwise provided in this Agreement, as conditions to any such approval that: (1) Any proposed transferee shall have the qualifications and financial responsibility, as determined by the City necessary and adequate to fulfill the obligations undertaken in this Agreement by the Developer (or, in the event the transfer is of or relates to part of the Condominium Units, such obligations to the extent that they relate to such part). (2) Any proposed transferee, by instrument in writing satisfactory to the City and in form recordable among the land records, shall, for itself and its successors and assigns, and expressly for the benefit of the City, have expressly assumed all of the obligations of the Developer under this Agreement and agreed to be subject to all the conditions and restrictions to Development Agreement -Draft 3/2/2010 -14- which the Developer is subject (or, in the event the transfer is of or relates to part of the Condominium Units, such obligations, conditions, and restrictions to the extent that they relate to such part), Provided, That the fact that any transferee of, or any other successor in interest whatsoever to, the Condominium Units, or any part thereof, shall, whatever the reason, not have assumed such obligations or so agreed, shall not (unless and only to the extent otherwise specifically provided in this Agreement or agreed to in writing by the City) relieve or except such transferee or successor of or from such obligations, conditions, or restrictions, or deprive or limit the City of or with respect to any rights or remedies or controls with respect to the Condominium Units; it being the intent of this, together with other provisions of this Agreement, that (to the fullest extent permitted bylaw and equity and excepting only in the manner and to the extent specifically provided otherwise in this Agreement) no transfer of or change with respect to ownership in the Condominium Units or any part thereof, or any interest therein, however consummated or occurring, and whether voluntary or involuntary, shall operate, legally or practically, to deprive or limit the City of or with respect to any rights or remedies or controls provided in or resulting from this Agreement with respect to the Condominium Units that the City would have had, had there been no such transfer or change. (3) There shall be submitted to the City for review all instruments and other legal documents involved in effecting transfer; and if approved by the City, its approval shall be indicated to the Developer in writing. (4) The Developer and its transferee shall comply with such other conditions as the City may find desirable in order to achieve and safeguard the purposes of the Urban Renewal Act and the Urban Renewal Plan. Provided, That in the absence of specific written agreement by the City to the contrary, no such transfer or approval by the City thereof shall be deemed to relieve the Developer, or any other party bound in any way by this Agreement or otherwise with respect to the Condominium Units, or from any of its -other obligations under this Agreement. Further Provided, that in no event can Developer transfer or assign its rights to Economic Development Grants under Article IX without the express written consent of the City. City will not recognize any alleged assignment of Economic Development Grants without City's prior written consent to such assignment. (c) Notwithstanding the foregoing, in no event will City consent to any transfer of Developer's interest, other than for the purpose of obtaining financing for the acquisition of the Condominium Units, before the completion of build out of the shell Condominium Unit(s)- Commercial and shell Condominium Unit(s)-Residential. Such completion will occur upon the issuance of an occupancy certificate by the City for each respective Condominium Unit. Development Agreement -Draft 3/2/2010 - IS - Section 4.10 Revesting Title in City Upon Happening of Event Subsequent to Transfer of Condominium Units to Developer. In the event that subsequent to the transfer of the Condominium Units to the Developer: (a) the Developer (or successor in interest) shall default in or violate its obligations with respect to the Declaration of Condominium Units or maintenance of the Condominium Units, and any such default, violation, abandonment, or suspension shall not be cured, ended, or remedied within thirty (30) days after written demand by the City so to do; or (b) the Developer (or successor in interest) shall fail to pay real estate taxes or assessments on the Condominium Units when due, or shall place thereon any encumbrance or lien not authorized by this Agreement, or shall suffer any levy or attachment to be made, or any materialmen's or mechanics' lien, or any other unauthorized encumbrance or lien to attach, and such taxes or assessments shall not have been paid, or the encumbrance or lien removed or discharged or provision satisfactory to the City made for such payment, removal, or discharge, within sixty (60) days after written demand by the City so to do; or (c) there is, in violation of this Agreement, any transfer of the Condominium Units or any part thereof, or any material change with respect to the identity of the parties in control of the Developer or the degree thereof, and such violation shall not be cured within sixty (60) days after written demand by the City to the Developer, then the City shall have the right to re-enter and take possession of the Condominium Units and to terminate (and revert in the City) the estate conveyed by the Deed to the Developer, it being the intent of this provision, together with other provisions of this Agreement, that the conveyance of the Condominium Units to the Developer shall be made contingent upon, and that the Deed shall contain, a condition subsequent to the effect that in the event of any default, failure, violation or other action or inaction by the Developer specified in subdivisions (a), (b), and (c) of this Section 4.10 failure on the part of the Developer to remedy, end, or abrogate such default, failure, violation, or other action or inaction, within the period and in the manner stated in such subdivisions, the City at its option may declare a termination in favor of the City of the title, and of all the rights and interests in and to the Condominium Units conveyed by the Deed to the Developer, and that such title and all rights and interests of the Developer, and any assigns or successors in interest to and in the Condominium Units, shall revert to the City: Provided, That such condition subsequent and any reverting of title as a result thereof in the City shall always be subject to and limited by, and shall not defeat, render invalid, or limit in any way, (i) the lien of any mortgage authorized by this Agreement, and (ii) any rights or interests provided in this Agreement for the protection of the holders of such mortgages. Section 4.11 Termination of Agreement by Developer Prior to Transfer of Condominium Units. In the event that the City does not tender conveyance of the Condominium Units, or possession thereof, in the manner and condition, and by the date, provided in this Agreement, and any such failure shall not be cured within thirty (30) days after the date of Development Agreement -Draft 3/2/2010 -16- written demand by the Developer then this Agreement shall, at the option of the Developer, be terminated by written notice thereof to the City, and neither the City nor the Developer shall have any further rights against or liability to the other under this Agreement. ARTICLE V. CONSTRUCTION PLANS; CONSTRUCTION OF MINIMUM IMPROVEMENTS; CERTIFICATE OF COMPLETION Section 5.1. Plans for Construction of Improvements. Plans and specifications with respect to the construction of the Minimum Improvements, to consist of the Parking Facility and the shell Condominium Units, further described in Exhibits B, B-1 and B-2 shall be in conformity with the Urban Renewal Plan and this Agreement, and all applicable State and local laws and regulations. The City will prepare the plans, drawings, specifications, and related documents, and the proposed construction schedule (which plans, drawings, specifications, related documents, and progress schedule, together with any and all changes therein that may thereafter be made by the City, are, except as otherwise clearly indicated by the context, hereinafter collectively called "Construction Plans" with respect to the Minimum Improvements to be constructed for the development by the City on the Development Property), in sufficient completeness and detail to show that such improvements and construction thereof will be in accordance with City ordinances and the provisions of the Urban Renewal Plan and this Agreement. The City shall deliver said Final Construction Plans to Developer with the Final Dollar Amounts Letter pursuant to Section 3.3(c). See Exhibit C-1. Section 5.2. Changes in Construction Plans. If the City desires to make any Material change in the Final Construction Plans for the Condominium Units after submitting the Final Construction Plans to Developer with the Final Dollar Amounts Letter, the City shall submit the proposed change to the Developer for its approval. "Material" shall mean a change that costs in excess of $60,000. Such change in the Final Construction Plans shall be deemed approved by the Developer unless rejection thereof, in whole or in part, by written notice thereof by the Developer, setting forth in detail the reasons therefore, shall be made within seven (7) days after the City's delivery of notice of such change. Section 5.3. Reserved. Section 5.4. Reserved. Section 5.5. Certificate of Completion. (a) Promptly after completion of Condominium Units in accordance with those provisions of this Agreement, the City will furnish to the Developer the Architect's Certificate of Completion. Such certification by the Architect shall be (and it shall be so provided in the Deed and in the certification itself) a conclusive determination of satisfaction of the City's obligation to construct the Condominium Units. Development Agreement -Draft 3/2/2010 -17- (b) The certification provided for in this Section 5.5 shall be as outlined in Exhibit D and in such form as will enable it to be recorded in the proper office for the recordation of deeds and other instruments pertaining to the Development Property and the Condominium Units, including the Deed. ARTICLE VL INSURANCE Section 6.1. Insurance Requirements. (a) City or its contractors will provide and maintain or cause to be maintained at all times during the process of constructing the Minimum Improvements: (i) Builder's risk insurance, written on the so-called "Builder's Risk -- Completed Value Basis", in an amount equal to one hundred percent (100%) of the insurable value of the Minimum Improvements at the date of completion, and with coverage available in nonreporting form on the so-called "all risk" form of policy; (ii) Reserved. (iii) Worker's compensation insurance, with statutory coverage. (b) Upon completion of construction of the Minimum Improvements and the purchase and transfer of the Condominium Units by Developer, and at all times prior to the Termination Date, the Developer shall maintain, or cause to be maintained, at its cost and expense (and from time to time at the request of the City shall furnish proof of the payment of premiums on) insurance as follows: (i) Insurance against loss and/or damage to the Condominium Units under a policy or policies covering such risks as are ordinarily insured against by similar businesses, including (without limitation the generality of the foregoing) fire, extended coverage, vandalism and malicious mischief, explosion, water damage, demolition cost, debris removal, and collapse in an amount not less than the full insurable replacement value of the Condominium Units, but any such policy may have a deductible amount of not more than $50,000. No policy of insurance shall be so written that the proceeds thereof will produce less than the minimum coverage required by the preceding sentence, by reason of co-insurance provisions or otherwise, without the prior consent thereto in writing by the City. The term "full insurable replacement value" shall mean the actual replacement cost of the Condominium Units (excluding foundation and excavation costs and costs of underground flues, pipes, drains and other uninsurable items) and equipment, and shall be determined from time to time at the request of the City, but not more frequently than once every three years, by an insurance consultant or insurer selected and paid for by the Developer and approved by the City. (ii) Comprehensive general public liability insurance, including personal injury liability for injuries to persons and/or property, including any injuries resulting from the operation of automobiles or other motorized vehicles on or about the Condominium Units, in the minimum amount for each occurrence and for each year of $1,000,000. Development Agreement -Draft 3/2/2010 -18- (iii) Such other insurance, including worker's compensation insurance respecting all employees of the Developer, in such amount as is customarily carried by like organizations engaged in like activities of comparable size and liability exposure; provided that the Developer may be self-insured with respect to all or any part of its liability for worker's compensation. (iv) All insurance required by this subsection (b) to be provided prior to the Termination Date shall be taken out and maintained in responsible insurance companies selected by the Developer which are authorized under the laws of the State to assume the risks covered thereby. The Developer will deposit annually with the City copies of policies evidencing all such insurance, or a certificate or certificates or binders of the respective insurers stating that such insurance is in force and effect. Unless otherwise provided in this Article VI, each policy shall contain a provision that the insurer shall not cancel or modify it without giving written notice to the Developer and the City at least thirty (30) days before the cancellation or modification becomes effective. Not less than fifteen (15) days prior to the expiration of any policy, the Developer shall furnish the City evidence satisfactory to the City that the policy has been renewed or replaced by another policy conforming to the provisions of this Article VI, or that there is no necessity therefore under the terms hereof. In lieu of separate policies, the Developer may maintain a single policy, or blanket or umbrella policies, or a combination thereof, which provide the total coverage required herein, in which event the Developer shall deposit with the City a certificate or certificates of the respective insurers as to the amount of coverage in force upon the Condominium Units. (v) The Developer agrees to notify the City immediately in the case of damage exceeding $25,000 in amount to, or destruction of, the Condominium Units or any portion thereof resulting from fire or other casualty. Net Proceeds of any such insurance shall be paid directly to the Developer, and the Developer will forthwith repair, reconstruct and restore the Condominium Units to substantially the same or an improved condition or value as they existed prior to the event causing such damage and, to the extent necessary to accomplish such repair, reconstruction and restoration, the Developer will apply the Net Proceeds of any insurance relating to such damage received by the Developer to the payment or reimbursement of the costs thereof. (vi) The Developer shall complete the repair, reconstruction and restoration of the Minimum Improvements, whether or not the Net Proceeds of insurance received by the Developer for such purposes are sufficient. ARTICLE VII. COVENANTS OF THE DEVELOPER Section 7.1. Maintenance of Properties. The Developer will maintain, preserve and keep the Condominium Units, in good repair and working order, ordinary wear and tear accepted, and from time to time will make all necessary repairs, replacements, renewals and additions. Section 7.2. Maintenance of Records. The Developer will keep at all times proper books of record and account in which full, true and correct entries will be made of all dealings Development Agreement -Draft 3!2/2010 -19- and transactions of or in relation to the business and affairs of the Developer relating to the Condominium Units, in accordance with generally accepted accounting principles consistently applied throughout the period involved, and the Developer will provide reasonable protection against loss or damage to such books of record and account. Section 7.3. Compliance with Laws. The Developer will comply with all laws, rules and regulations relating to the Condominium Units, other than laws, rules and regulations the failure to comply with which or the sanctions and penalties resulting therefrom, would not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of the Developer. Section 7.4. Non-Discrimination. In operating the Condominium Units, the Developer shall not discriminate against any applicant, employee or tenant because of age, color, creed, national origin, race, religion, marital status, sex, physical disability, or familial status. The Developer shall ensure that applicants, employees and tenants are considered and are treated without regard to their age, color, creed, national origin, race, religion, marital status, sex, sexual orientation, gender identity, physical disability, or familial status. Section 7.5. Available Information. Upon request, the Developer shall annually, on or before November 1, provide the City with copies of its financial statements relating to the Condominium Units for the preceding fiscal year, prepared in accordance with generally accepted accounting principles and accompanied by a report of an independent public accountant selected by the Developer to the effect that such financial statements have been prepared in conformity with generally accepted accounting principles and present fairly, in all material respects, the financial condition of the Developer with respect to the Condominium Units, and that the examination of such financial statements by such accountant has been undertaken in accordance with generally accepted auditing standards. Section 7.6. Minimum Assessment Agreement. (a) The Developer shall agree to, and with the City shall execute, in conjunction with the Final Dollar Amounts letter from the City under Section 3.3, an Assessment Agreement pursuant to the provisions of Iowa Code Section 403.6(19) (2009) specifying the Minimum Actual Value for the Condominium Unit(s)- Commercial and Condominium Unit(s)-Residential_for calculation of real property taxes. This agreement is referred to as "Assessment-Agreement" or "Minimum Assessment Agreement," and the form of the Agreement is attached as Exhibit F. Specifically, the Developer shall agree to a minimum actual value for the Condominium Unit(s)-Commercial and Condominium Unit(s)- Residential which will result in a minimum actual value of not less than $ ) (Commercial) and $ (Residential) (such minimum actual value at the time applicable is herein referred to as the "Minimum Actual Value"). The minimum actual value shall go into effect on December 31 of the year of substantial completion and last for a period often (10) years (the "Termination Date"). Nothing in the Assessment Agreement shall limit the discretion of the Assessor to assign an actual value to the property in excess of such Minimum Actual Value nor prohibit the Developer or its successors from seeking through the exercise of legal or administrative remedies a reduction in such actual value for property tax purposes; provided, however, that the Developer or his successors shall not seek a reduction of such actual value below the Minimum Actual Value in Development Agreement - Dratt 3/2/2010 -20- any year so long as the Assessment Agreement shall remain in effect. The Assessment Agreement shall be certified by the Assessor for the County as provided in Iowa Code Section 403.19 (2009) and shall be filed for record in the office of the County Recorder of the County, and such filing shall constitute notice to any subsequent encumbrancer or purchaser of the Development Property (or part thereof), whether voluntary or involuntary, and such Assessment Agreement shall be binding and enforceable in its entirety against any such subsequent purchaser or encumbrancer, as well as any prior encumbrancer consenting thereto. Developer agrees to disclose all prior encumbrancers and secure their consent to the Assessment Agreement as indicated in Exhibit "F". Such consent to the Assessment Agreement is to be delivered to the City in conjunction with the Final Dollar Amounts Letter in Section 3.3(c). (b) Real Property Taxes. The Developer or its successors shall pay, when due, all real property taxes and assessments payable with respect to all and any parts of the Development Property acquired and owned by them and the provisions of the Assessment Agreement until the Developer's obligations have been assumed by any other person or title to the property is vested in another person, all contingent on the provisions of this Agreement related to transfer. The Developer shall be solely responsible for all assessments and taxes. (c) The Developer and its successors agree that prior to the Termination Date: (i) They will not seek administrative review or judicial review of the applicability or constitutionality of any tax statute relating to the taxation of real property contained on the Development Property determined by any tax official to be applicable to the Development Property, Minimum Improvements, Condominium Units or the Developer or raise the inapplicability or constitutionality of any such tax statute as a defense in any proceedings, including delinquent tax proceedings; and (ii) They will not seek any tax deferral or abatement, except reimbursement provided in this Agreement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any local, or other State or federal law, of the taxation of real property contained on the Development Property between the date of execution of this Agreement and the Termination Date. (d) The Developer shall not, cause or voluntarily permit the Condominium Units to become other than taxable property or to become centrally assessed property (including but not limited to property taxed under Iowa Code § 428.24 to 428.29 (Public Utility Plants and Related Personal Property); Chapter 433 (Telegraph and Telephone Company Property); Chapter 434 (Railway Property); Chapter 437 (Electric Transmission Lines); Chapter 437A (Property Used in the Production, Generation, Transmission or Delivery of Electricity or Natural Gas); and Chapter 438 (Pipeline Property)). Section 7.7. Annual Certification. To assist the City in monitoring and performance of the Developer hereunder, a duly authorized officer of the Developer shall annually provide to the City: (a) a written statement from the County Auditor showing the amount of estimated Tax Increments (as defined in Section 1.1 of this Agreement) in respect of the Development Property Development Agreement -Draft 3/2/2010 -21 - for the following fiscal year; (b) proof that all ad valorem taxes on the Development Property have been paid for the prior fiscal year; and (c) certification that such officer has re-examined the terms and provisions of this Agreement and that at the date of such certificate, and during the preceding twelve (12) months, the Developer is not, or was not, in default in the fulfillment of any of the terms and conditions of this Agreement and that no Event of Default (or event which, with the lapse of time or the giving of notice, or both, would become an Event of Default) is occurring or has occurred as of the date of such certificate or during such period, or if the signer is aware of any such default, event or Event of Default, said officer shall disclose in such statement the nature thereof, its period of existence and what action, if any, has been taken or is proposed to be taken with respect thereto; and (d) certification of the number of LMI Persons residing in the Condominium Unit(s)-Residential on the first day of the month for each month of the prior twelve month period and the number of total residential units in the Condominium Unit(s)-Residential for the same period. Such statement, proof and certificate shall be provided not later than November 1 of each year, commencing November 1, ,and ending on November 1, ,both dates inclusive. ARTICLE VIII. STATUS OF DEVELOPER Section 8.I . Status of the Developer Transfer of Substantially All Assets. As security for the obligations of the Developer under this Agreement, the Developer represents and agrees that, prior to the issuance of the Certificate of Completion and prior to the Termination Date, the Developer will maintain its existence as an adequately capitalized [corporation] and will not wind up or otherwise dispose of all or substantially all of its ownership interest in the Condominium Units, or assign its interest in this Agreement to any other party unless Developer complies with the provisions for transfer in Article IV. ARTICLE IX. ECONOMIC DEVELOPMENT GRANTS Section 9.1. Economic Development Grants. (a) Condominium Unit(s)-LMI Residential. For and in further consideration of the obligations being assumed by the Developer hereunder, and in furtherance of the goals and objectives of the Urban Renewal Plan for the Urban Renewal Area and the Urban Renewal Act, the City agrees, subject to the Developer being and remaining in compliance with the terms of this Agreement and to the terms of this Article IX, to assume an obligation to make up to consecutive annual Grants to Developer (such payments being referred to, collectively, as the "LMI Residential Economic Development Grants" or "Economic Development Grants"), up to a cumulative total for all annual grants of $ , or the amount accrued under the following formula: [The selected developer's LMI-residential tax rebate formulation, if any, will be inserted here if the City chooses to provide such rebates. Per the Request for Proposal, the LMI- Residential incentives are to be only in the form of Economic Development Grants or Grants of tax rebates, meaning the Developer pays the property taxes, and receives a portion of those taxes back based on incremental revenues after the taxes are paid.] Development Agreement -Draft 3/2/2010 -22- (b) The obligation of the City to make a LMI Residential Economic Development Grant under Section 9.1(a) to the Developer in any year shall be subject to and conditioned upon the timely filing by the Developer of the annual statement, proof and certification required under Section 7.7 hereof and the City Council's approval thereof. If the Developer's annual statement, proof and certification is timely filed and contains the information required under Section 7.7 and the City Council approves of the same, the City shall certify to the County prior to December 1 of that year its request for the available Tax Increments resulting from the assessments imposed by the County as of January 1 of that year, to be collected by the City as taxes are paid during the following fiscal year and which shall thereafter be disbursed to the Developer on June 1 of that fiscal year. (Example: if Developer and the City each so certify in November 2012, the first Economic Development Grant would be paid to Developer on June 1, 2014.) (c) In the event that the annual statement, proof or certificate required to be delivered by the Developer under Section 7.7 is not delivered to the City by November 1 of any year, the Developer recognizes and agrees that the City may have insufficient time to review and approve the same and certify its request for Tax Increments to the County and that, as a result, no LMI Residential Economic Development Grant maybe made to the Developer in respect thereof. The City covenants to act in good faith to appropriately review and consider any late certification on the part of the Developer, but the City shall not be obligated to make any certification to the County for the available Tax Increments or make any corresponding payment of the LMI Residential Economic Development Grant to the Developer if, in the reasonable judgment of the City, it is not able to give appropriate consideration (which may include, but not be limited to, specific discussion before the City Council at a regular City Council meeting with respect thereto) to the Developer's certification due to its late filing. (d) The aggregate amount of the LMI Residential Economic Development Grants that maybe paid to the Developer under this Agreement shall not exceed dollars ($ ). Economic Development Grants shall, at all times, be subject to suspension and termination, in accordance with the terms of this Article IX and Article XI. Thereafter, the taxes levied on the Condominium Units shall be divided and applied in accordance with the Urban Renewal Act and the Ordinance. (e) In the event that any certificate filed by the Developer under Section 7.7 discloses the existence or prior occurrence of an Event of Default that was not cured or cannot reasonably be cured under the provisions of Section 11.2 (or an event that, with the passage of time or giving of notice, or both, would become an Event of Default that cannot reasonably be cured under the provisions of Section 11.2), the City shall have no obligation thereafter to make any further payments to the Developer in respect of any Economic Development Grant and may proceed to take one or more of the actions described in Section 11.2 hereof. Section 9.2. Source of Grant Funds Limited. (a) The LMI Residential Economic Development Grants shall be payable from and secured solely and only by amounts deposited and held in the [Proposed Project Name] TIF Account of the City. The City hereby covenants and, subject to Section 9.1, agrees to maintain the Ordinance in force during the term hereof and to apply the incremental taxes collected in respect of the Condominium Units and allocated to the [Proposed Project Name] TIF Account to pay the LMI Residential Economic Development Development Agreement -Draft 3/2/2010 -23- Grants, as and to the extent set forth in Section 9.1 hereof. The LMI Residential Economic Development Grants shall not be payable in any manner by other tax increment revenues or by general taxation or from any other City funds. Each LMI Residential Economic Development Grant is subject to annual appropriation by the City Council. The right ofnon-appropriation reserved to the City in this Section is intended by the parties, and shall be construed at all times, so as to ensure that the City's obligation to make future LMI Residential Economic Development Grants shall not constitute a legal indebtedness of the City within the meaning of any applicable constitutional or statutory debt limitation prior to the adoption of a budget which appropriates funds for the payment of that installment or amount. In the event that any of the provisions of this Agreement are determined by a court of competent jurisdiction to create, or result in the creation of, such a legal indebtedness of the City, the enforcement of the said provision shall be suspended, and the Agreement shall at all times be construed and applied in such a manner as will preserve the foregoing intent of the parties, and no event of default by the City shall be deemed to have occurred as a result thereof. If any provision of this Agreement or the application thereof to any circumstance is so suspended, the suspension shall not affect other provisions of this Agreement which can be given effect without the suspended provision. To this end the provisions of this Agreement are severable. (b) Notwithstanding the provisions of Section 9.1 hereof, the City shall have no obligation to make a LMI Residential Economic Development Grant to the Developer if at any time during the term hereof the City Council fails to appropriate funds or the City receives an opinion from a court of competent jurisdiction to the effect that the use of Tax Increments resulting from the Minimum Improvements to fund a LMI Residential Economic Development Grant to the Developer, as contemplated under said Section 9.1, is not authorized or otherwise an appropriate project activity permitted to be undertaken by the City under the Urban Renewal Act or other applicable provisions of the Code or Iowa Constitution, as then constituted. Upon receipt of such an opinion, the City shall promptly forward a copy of the same to the Developer. In the event ofnon-appropriation, or if the circumstances or legal constraints giving rise to the opinion continue for a period during which two (2) LMI Residential Economic Development Grants would otherwise have been paid to the Developer under the terms of Section 9.1, the City may terminate this Agreement, without penalty or other liability to the Developer, by written notice to the Developer. (c) The City makes no representation with respect to the amounts that may finally be paid to the Developer as LMI Residential Economic Development Grants, and under no circumstances shall the City in any manner be liable to the Developer so long as the City timely applies the Tax Increments actually collected and held in [Proposed Project Name] TIF Account (regardless of the amounts thereof) to the payment of the LMI Residential Economic Development Grants to the Developer, as and to the extent described in this Article. (d) Each annual certificate filed by Developer under Section 7.7 hereof shall be considered separately in determining whether the City shall make any of the LMI Residential Economic Development Grant payments available to Developer under this Section. Under no circumstances shall the failure by Developer to qualify for LMI Residential Economic Development Agreement -Draft 3/2/2010 -24- Development Grant in any year serve to extend the term of this Agreement beyond the Termination Date or the years during which LMI Residential Economic Development Grants may be awarded to Developer or the total amount thereof, it being the intent of parties hereto to provide Developer with an opportunity to receive LMI Residential Economic Development Grants only if Developer fully complies with the provisions hereof and becomes entitled thereto, up to the maximum aggregate amount set forth in Section 9.1(d). Section 9.3. Use of Other Tax Increments. Subject to this Article IX, the City shall be free to use any and all Tax Increments collected in respect of any other properties within the Urban Renewal Area, or any available Tax Increments resulting from the suspension or termination of the LMI Residential Economic Development Grants, for any purpose for which the Tax Increments may lawfully be used pursuant to the provisions of the Urban Renewal Act, and the City shall have no obligations to the Developer with respect to the use thereof. Section 9.4. Limitations on Financial Undertakings of the City. Notwithstanding anything in this Agreement to the contrary, the City shall have no obligation to the Developer if any of the following conditions exist: (i) The City is entitled under Section 11.2 of this Agreement to exercise any of the remedies set forth therein as a result of an Event of Default; or (ii) There has been, or there occurs, a substantial change for the worse in the financial resources and ability of the Developer, or a substantial decrease in the financing commitments secured by the Developer for purchase of the Condominium Unit(s), which change(s) makes it substantially more likely, in the reasonable judgment of the City, that the Developer will be unable to fulfill the covenants and obligations of this Agreement. ARTICLE X. INDEMNIFICATION Section 10.1. Release and Indemnification Covenants. (a) The Developer releases the City and the governing body members, officers, agents, servants and employees thereof (hereinafter, for purposes of this Article X, the "Indemnified Parties") from, covenant and agree that the indemnified parties shall not be liable for, and agree to indemnify, defend and hold harmless the Indemnified Parties against, any loss or damage to property or any injury to or death of any person occurring resulting from Developer's work, assistance or advice in the Phase 1: Schematic Design phase or the Phase 2: Design Development phase. (b) Except for any willful misrepresentation or any willful or wanton misconduct or any unlawful act of the Indemnified Parties, the Developer agrees to protect and defend the Indemnified Parties, now or forever, and further agrees to hold the Indemnified Parties harmless, from any claim, demand, suit, action or other proceedings whatsoever by any person or entity whatsoever arising or purportedly arising from (i) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Development Agreement -Draft 3/2/2010 -25- the Developer against the City to enforce its rights under this Agreement), and (ii) the acquisition and subsequent ownership and operation of the Condominium Unit(s). (c) The Indemnified Parties shall not be liable for any damage or injury to the persons or property of the Developer or its officers, agents, servants, employees, successors or assignees or any other person who maybe about the Condominium Unit(s) due to any act of negligence of any person, other than any act of negligence on the part of any such Indemnified Party or its officers, agents, servants or employees. (d) All covenants, stipulations, promises, agreements and obligations of the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the City, and not of any governing body member, officer, agent, servant or employee of the City in the individual capacity thereof. (e) The provisions of this Article X shall survive the termination of this Agreement. ARTICLE XI. DEFAULT AND REMEDIES Section 11.1. Events of Default Defined. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement, any one or more of the following events: (a) Failure of the Developer to pay the Fair Market Value for the Condominium Units; (b) Transfer of any interest in this Agreement or the Condominium Units, in violation of the provisions of this Agreement; (c) Failure by the Developer to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; (d) The holder of any Mortgage on the Condominium Units, or any improvements thereon, or any portion thereof, commences foreclosure proceedings as a result of any default under the applicable Mortgage documents; (e) The Developer shall: (A) file any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the United States Bankruptcy Act of 1978, as amended, or under any similar federal or state law; or (B) make an assignment for the benefit of its creditors; or (C) admit in writing its inability to pay its debts generally as they become due; or Development Agreement -Draft 3/2/2010 -26- (D) be adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of the Developer as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of the Developer or the Minimum Improvements, or part thereof, shall be appointed in any proceedings brought against the Developer, and shall not be discharged within ninety (90) days after such appointment, or if the Developer shall consent to or acquiesce in such appointment; or (f) Any representation or warranty made by the Developer in this Agreement, or made by the Developer in any written statement or certificate furnished by the Developer pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. Section 11.2. Remedies on Default. Whenever any Event of Default referred to in Section 11.1 of this Agreement occurs and is continuing, the City, as specified below, may take any one or more of the following actions after (except in the case of an Event of Default under subsections (e) or (f) of said Section 11.1) the giving of thirty (30) days' written notice by the City to the Developer and the holder of the First Mortgage (but only to the extent the City has been informed in writing of the existence of a First Mortgage and been. provided with the address of the holder thereof) of the Event of Default, but only if the Event of Default has not been cured within said thirty (30) days, or if the Event of Default cannot reasonably be cured within thirty (30) days and the Developer does not provide assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible: (a) The City may suspend its performance under this Agreement until it receives assurances from the Developer, deemed adequate by the City, that the Developer will cure its default and continue its performance under this Agreement; (b) The City may terminate this Agreement; (c) The City may take any action, including legal, equitable or administrative action, which may appear necessary or desirable to enforce performance and observance of any obligation, agreement, or covenant of the Developer, as the case maybe, under this Agreement; or (d) The City shall be entitled to recover from the Developer, and the Developer shall re-pay to the City, an amount equal to the LMI Residential Economic Development Grants previously made to the Developer under Article IX hereof, and the City may take any action, including any legal action it deems necessary, to recover such amount from the Developer. Section 11.3. No Remedy Exclusive. No remedy herein conferred upon or reserved to the City is intended to be exclusive of any other available remedy or remedies, but each and every remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to Development Agreement -Draft 3/2/2010 -27- exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. Section 11.4. No Implied Waiver. In the event any agreement contained in this Agreement should be breached by any party and thereafter waived by any other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. Section 11.5. Agreement to Pay Attorneys' Fees and Expenses. Whenever any Event of Default occurs and the City shall employ attorneys or incur other expenses for the collection of payments due or to become due or for the enforcement or performance or observance of any obligation or agreement on the part of the Developer herein contained, the Developer agrees that it shall, on demand therefor, pay to the City the reasonable fees of such attorneys and such other expenses as may be reasonably and appropriately incurred by the City in connection therewith. ARTICLE XII. RESERVED ARTICLE XIII. MISCELLANEOUS Section 13.1. Conflict of Interest. The Developer represents and warrants that, to its best knowledge and belief after due inquiry, no officer or employee of the City, or its designees or agents, nor any consultant or member of the governing body of the City, and no other public official of the City who exercises or has exercised any functions or responsibilities with respect to the Project during his or her tenure, or who is in a position to participate in adecision-making process or gain insider information with regard to the Project, has had or shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work or services to be performed in connection with the Project, or in any activity, or benefit therefrom, which is part of the Project at any time during or after such person's tenure. Section 13.2. Notices and Demands. A notice, demand or other communication under this Agreement by any party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and (a) In the case of the Developer, is addressed or delivered personally to the Developer at [ ], Attn: ;and (b) In the case of the City, is addressed to or delivered personally to (i) the City at 410 E. Washington Street, Iowa City, Iowa 52240, Attn: City Clerk and (ii) to City Attorney at 410 E. Washington Street, Iowa City, Iowa 52240, Attn: Eleanor Dilkes, City Attorney; or to such other designated individual or officer or to such other address as any party shall have furnished to the other in writing in accordance herewith. Development Agreement -Draft 3/2/2010 -28- Section 13.3. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 13.4. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 13.5. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Iowa. Section 13.6. Entire Agreement. This Agreement and the exhibits hereto reflect the entire agreement between the parties regarding the subject matter hereof, and supersedes and replaces all prior agreements, negotiations or discussions, whether oral or written. This Agreement may not be amended except by a subsequent writing signed by all parties hereto. Section 13.7. Successors and Assigns. This Agreement is intended to and shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Section 13.8. Termination Date. This Agreement shall terminate and be of no further force or effect on and after the Termination Date in the Assessment Agreement, the form of which is attached as Exhibit F. Section 13.9. Memorandum of Agreement. The parties agree to execute and record. a Memorandum of Agreement for Private Development, in substantially the form attached as Exhibit E, to serve as notice to the public of the existence and provisions of this Agreement, and the rights and interests held by the City by virtue hereof. The Developer shall reimburse the City for all costs of recording. IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf by its Mayor and its seal to be hereunto duly affixed and attested by its City Clerk, the Developer has caused this Agreement to be duly executed in its name and behalf by its [Managing Member and Member], all on or as of the day first above written. [Remainder of this page intentionally left blank. Signature pages to follow.] Development Agreement -Draft 3/2/2010 -29- CITY OF IOWA CITY, IOWA By: Mayor ATTEST: By: City Clerk STATE OF IOWA ) SS COUNTY OF JOHNSON ) On this day of , 2010, before me a Notary Public in and for said County, personally appeared Matthew J. Hayek and Marian K. Karr to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively of the City of Iowa City, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolution of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily executed. Notary Public in and for Johnson County, Iowa Development Agreement -Draft 3/2/2010 -30- [PROPOSED DEVELOPER] By: ATTEST: By: STATE OF COUNTY OF SS On this day of , 2010, before me the undersigned, a Notary Public in and for said County, in said State, personally appeared and , to me personally known, who, being by me duly sworn, did say that they are the and of [Proposed Developer] and that said instrument was signed on behalf of said domestic company; and that the said and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by them voluntarily executed. Notary Public in and for said County and State Development Agreement -Draft 3/2/2010 -31 - EXHIBIT A DEVELOPMENT PROPERTY The Development Property is described as consisting of all that certain parcel or parcels of land located in the City of Iowa City, County of Johnson, State of Iowa, more particularly described as follows: Lots 1, 2, 3, and 4, Block 1, County Seat Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 1 and 2, Page 253, Deed Records of Johnson County, Iowa Development Agreement -Draft 3/2/2010 EXHIBIT B MINIMUM IMPROVEMENTS -PARKING FACILITY The Minimum Improvements shall consist o£ [generally, the completed parking facility. To be described further prior to execution of this Agreement. Development Agreement -Draft 3/2/2010 EXHIBIT B-1 CONDOMINIUM U~tIT(S)-COMMERCIAL [insert description of shell] Development Agreement -Draft 3/2/2010 EXHIBIT B-2 CONDOMINIUM UNIT(S)-RESIDENTIAL [insert description of shell] Development Agreement -Draft 3/2/2010 -1- EXHIBIT B-3 FORM OF DECLARATION OF CONDOMINIUM UNITS [May include certain use restrictions above and beyond the zoning restrictions imposed pursuant to Iowa City's Zoning Code]. Development Agreement -Draft 3/2/2010 EXHIBIT C MINIMUM IMPROVEMENTS OF LMI RESIDENTIAL UNITS [specifications and description for build out of Condominium Unit(s)-LMI Residential] Development A~~reement -Draft 3/2/2010 EXHIBIT C-1 FINAL DOLLAR AMOUNTS To: Proposed Developer From: City of Iowa City Date: Re: Final Dollar Amounts In reference to the provisions of the Development Agreement, dated 2010 ("Agreement") ,between the City and [ ~ the "Developer": 1. The Purchase Price (also known as Fair Market Value) for the Condominium Unit(s)-Commercial is $ 2. The Purchase Price (also known as Fair Market Value) for the Condominium Unit(s)-Residential is $ 3. Minimum Assessment Agreements for the Condominium Units, in the form attached as Exhibit E to the Agreement are enclosed, with a Minimum Actual Value for Condominium Unit(s)-Commercial of $ and a Minimum Actual Value for the Condominium Unit(s)-Residential of $ 4. The Form of Declaration of Condominium Units (Exhibit B-3 to the Agreement) is attached. 5. The Final Construction Plans for the Parking Facility, shell Condominium Unit(s)-Commercial and shell Condominium Unit(s)-Residential are attached and marked "Final Construction Plans dated " 6. The Minimum Improvements of the build out of the Condominium Unit(s)-LMI Residential are attached (Exhibit C to the Agreement). Development Agreement -Draft 3/2/2010 Please sign below and return this letter and the executed Minimum Assessment Agreements by Sincerely, City Representative Enclosures: Form of Declaration of Condominium Units (Exhibit B-3); Final Construction Plans for the Parking Facility, shell Condominium Unit(s)- Commercial and shell Condominium Unit(s)-Residential; Minimum Assessment Agreements for the Condominium Unit(s)-Commercial and Condominium Unit(s)-Residential; Minimum Improvements of the build out of the Condominium Unit(s)-LMI Residential I, , am an authorized representative of Developer [ ~, and I agree to the above on behalf of the Developer and with full authority to bind Developer. Development Agreement -Draft 3/2/2010 -2- EXHIBIT D CERTIFICATE OF COMPLETION OF ARCHITECT WHEREAS, the City of Iowa City, Iowa (the "City") and [Proposed Developer] (the "Developer") did on or about the day of ,make, execute and deliver, each to the other, an Agreement for Private Development (the "Agreement"), wherein and whereby the City agreed, in accordance with the terms of the Agreement and the [Near Southside Urban Renewal Plan] (the "Plan"), to develop certain real property located within the City and within the [Near Southside Urban Renewal Area] and as more particularly described as follows: Lots I, 2, 3, and 4, Block 1, County Seat Addition to Iowa City, Iowa, according to the plat thereof recorded in Book I and 2, Page 253, Deed Records of Johnson County, Iowa (the "Development Property"); and WHEREAS, the Agreement incorporated and contained certain covenants and restrictions with respect to the development of the Development Property, and obligated the City to construct certain Condominium Units (as defined therein) in accordance with the Agreement and the Plan; and WHEREAS, the City has to the present date performed said covenants and conditions insofar as they relate to the construction of the Condominium Units in a manner deemed sufficient by the Architect to permit the execution of this certification. NOW, THEREFORE, pursuant to Section 4.4.1 of the Agreement, this is to certify that all covenants and conditions of the Agreement with respect to the obligations of the City, and its successors and assigns, to construct the Condominium Units on the Development Property have been completed and performed by the City and are hereby released absolutely and forever terminated insofar as they apply to the land described herein. The County Recorder of Johnson County is hereby authorized to accept for recording and to record the filing of this instrument, to be a conclusive determination of the satisfactory termination of the covenants and conditions of said Agreement with respect to the construction of the Condominium Units on the Development Property. Development Agreement -Draft 3/2/2010 All other provisions of the Agreement shall otherwise remain in full force and effect until termination as provided therein. By: ATTEST: By: Its: STATE OF IOWA ) SS COUNTY OF ) Its: On this day of , 2010, before me the undersigned, a Notary Public in and for said County, in said State, personally appeared and to me personally known, who, being by me duly sworn, did say that they are the and of , and that said instrument was signed on behalf of said ;and that the said and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by them voluntarily executed. Notary Public in and for County, Iowa Development Agreement -Draft 3/2/2010 EXHIBIT E MEMORANDUM OF AGREEMENT FOR PRIVATE DEVELOPMENT WHEREAS, the City of Iowa City, Iowa (the "City") and [Proposed Developer], LLC, an Iowa [limited liability company] (the "Developer") did on or about the day of 2010, make, execute and deliver, each to the other, an Agreement for Private Development (the "Agreement"), wherein and whereby the Developer agreed, in accordance with the terms of the Agreement and the [Near Southside Urban Renewal Plan] (the "Plan"), to develop certain real property located within the City and within the Near Southside Urban Renewal Area and as more particularly described as follows: Lots 1, 2, 3, and 4, Block 1, County Seat Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 1 and 2, Page 253, Deed Records of Johnson County, Iowa (the "Development Property"); and WHEREAS, the term of the Agreement commenced on the day of 2010 and terminates on the 31st day of December, 20_, unless otherwise terminated as set forth in the Agreement; and WHEREAS, the City and the Developer desire to record a Memorandum of the Agreement referring to the Development Property and their respective interests therein. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. That the recording of this Memorandum of Agreement for Private Development shall serve as notice to the public that the Agreement contains provisions restricting development and use of the Development Property and the improvements located and operated on such Development Property. 2. That all of the provisions of the Agreement and any subsequent amendments thereto, if any, even though not set forth herein, are by the filing of this Memorandum of Agreement for Private Development made a part hereof by reference, and that anyone making any claim against any of said Development Property in any manner whatsoever shall be fully advised as to all of the terms and conditions of the Agreement, and any amendments thereto, as if the same were fully set forth herein. 3. That a copy of the Agreement and any subsequent amendments thereto, if any, shall be maintained on file for public inspection during ordinary business hours in the office of the City Clerk, City Hall, Iowa City, Iowa. IN WITNESS WHEREOF, the City and Developer have executed this Memorandum of Agreement for Private Development on the day of , 2010. Development Agreement -Draft 3/2/2010 (SEAL) ATTEST: By: City Clerk STATE OF IOWA ) SS COUNTY OF JOHNSON ) CITY OF IOWA CITY, IOWA By: Mayor On this day of , 2010, before me a Notary Public in and for said County, personally appeared Matthew J. Hayek and Marian K. Karr to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively of the City of Iowa City, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolution of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily executed. Notary Public in and for Johnson County, Iowa Development Agreement -Draft 3/2/2010 -2- [PROPOSED DEVELOPER] By: ATTEST: By: STATE OF COUNTY OF SS On this day of , 2010, before me the undersigned, a Notary Public in and for said County, in said State, personally appeared and to me personally known, who, being by me duly sworn, did say that they are the and _ of [Proposed Developer] and that said instrument was signed on behalf of said domestic company; and that the said and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by them voluntarily executed. Notary Public in and for said County and State Development Agreement -Draft 3/2/2010 -3- EXHIBIT F MINIMUM ASSESSMENT AGREEMENT [Dollar figures to be inserted pursuant to Final Dollar Amounts calculation in Section 3.3(c)] THIS MINIMUM ASSESSMENT AGREEMENT, dated as of this day of 2010, by and among the CITY OF IOWA CITY, IOWA, (the "City"), and [PROPOSED DEVELOPER] (the "Developer"), and the CITY ASSESSOR for the City of Iowa City, Iowa (the "Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Developer have entered into an Agreement for Private Development dated as of , 2010 (the "Agreement") regarding certain real property consisting of and legally described as: ,City of Iowa City, Johnson County, Iowa (the "Development Property"); and WHEREAS, it is contemplated that pursuant to said Agreement, the Developer and City will undertake the development of the Development Property, which is within the Near Southside Urban Renewal Area; and WHEREAS, pursuant to Section 403.6(19) of the 2009 Code of Iowa, as amended, the City and the Developer desire to establish a minimum actual value for the Condominium Units thereon to be constructed by the Developer pursuant to the Agreement (defined therein as the "Minimum Improvements"); and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the Condominium Units which it is contemplated will be erected. NOW, THEREFORE, the parties to this Minimum Assessment Agreement, in consideration of the promises, covenants and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the above-referenced Condominium Units by the City the minimum actual taxable value which shall be fixed for assessment purposes for the Condominium Units (to be constructed thereon by the Developer with an expected completion date of no later than December 31, ~ shall be not less than: For the Condominium Unit(s)-Commercial: Minimum Actual Value as calculated by the City Assessor [$ _~. For the Condominium Unit(s)-Residential: Minimum Actual Value as calculated by the City Assessor[$ ][includes the Minimum Improvements for the Condominium Unit(s)-Residential] Development Agreement -Draft 3/2/2010 -1- Nothing herein shall be deemed to waive the Developer's rights under Iowa Code Section 403.6(19) to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Developer seek to reduce the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. 2. The Minimum Actual Value herein established shall be of no further force and effect and this Minimum Assessment Agreement shall terminate on December 31, ("Termination Date"). [calculate 10 years after completion] 3. This Minimum Assessment Agreement shall be promptly recorded by the Developer with the Recorder of Johnson County, Iowa. The Developer shall pay all costs of recording. 4. Neither the preambles nor provisions of this Minimum Assessment Agreement are intended to, or shall be construed as, modifying the terms of the Agreement between the City and the Developer. 5. This Minimum Assessment Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, and all holders of mortgages upon or security interests in the Condominium Units granted prior to the date hereof, to secure any loans with respect to the Development Property or Minimum Improvements, that execute the consent attached hereto. [Remainder of this page intentionally left blank. Signature pages to follow.] Development Agreement -Draft 3/2/2010 -2- CITY OF IOWA CITY, IOWA By: ATTEST: By: City Clerk STATE OF IOWA ) SS COUNTY OF JOHNSON ) Mayor On this day of , 2010, before me a Notary Public in and for said County, personally appeared Matthew J. Hayek and Marian K. Karr to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively of the City of Iowa City, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolution of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily executed. Notary Public in and for Johnson County, Iowa [PROPOSED DEVELOPER] By: ATTEST: By: STATE OF ) SS COUNTY OF ) On this day of Public in and for said County, in said State, personally appeared and " 2010, before me the undersigned, a Notary Development Agreement -Draft 3/2/201.0 to me personally -3- known, who, being by me duly sworn, did say that they are the and of [Proposed Developer] and that said instrument was signed on behalf of said domestic company; and that the said and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by them voluntarily executed. Notary Public in and for said County and State Consent of every prior encumbrancer: [ENCUMBRANCER] By: ATTEST: By: STATE OF COUNTY OF SS On this day of , 2010, before me the undersigned, a Notary Public in and for said County, in said State, personally appeared and , to me personally known, who, being by me duly sworn, did say that they are the and of [ENCUMBRANCER] and that said instrument was signed on behalf of said domestic company; and that the said and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by them voluntarily executed. Notary Public in and for said County and State Development Agreement -Draft 3/2/2010 -4- CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the Minimum Improvements to be constructed and the market value assigned to the land upon which the Minimum Improvements are to be constructed, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property described in the foregoing Minimum Assessment Agreement, upon completion of Minimum Improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value upon completion assigned to the Condominium Unit(s)-Commercial shall not be less than $ and the actual value assigned to the Condominium Unit(s)-Residential (including LMI Minimum Improvements) shall not be less than $ until termination of this Minimum Assessment Agreement pursuant to the terms hereof. City Assessor for the City of Iowa City, Iowa Date STATE OF IOWA ) SS COUNTY OF JOHNSON ) Subscribed and sworn to before me by ,City Assessor for the City of Iowa City, Iowa. Notary Public in and for Johnson County, Iowa Date Development Agreement -Draft 3/2/2010 -5- EXHIBIT G FORM OF LEGAL OPINION City of Iowa City 410 E. Washington Street Iowa City, Iowa 52240 RE: Agreement for Private Development by and between the City of Iowa City, Iowa and [Proposed Developer] Gentlemen: As counsel for [Proposed Developer] (the "Developer"), and in connection with the execution and delivery of a certain Development Agreement (the "Development Agreement") between the Developer and the City of Iowa City, Iowa (the "City") dated as of 2010, we hereby render the following opinion: We have examined the original, certified copy, or copies otherwise identified to our satisfaction as being true copies of such documents and records as we have deemed relevant and necessary as a basis for the opinion set forth herein. Based on the pertinent law, the foregoing examination and such other inquiries as we have deemed appropriate, we are of the opinion that: The Development Agreement has been duly and validly authorized, executed and delivered by [Proposed Developer], and, assuming due authorization, execution and delivery by the other parties thereto, is in full force and effect and is valid and legally binding instrument of the Developer enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. Very truly yours, Development Agreement -Draft 3/2/2010 EXHIBIT H CONFIDENTIALITY AND ACKNOWLEDGMENT OF OWNERSHIP OF DESIGN PRODUCT [Confidentiality Agreement and Acknowledgment by Developer that Design Product belongs to City and Developer shall not disclose it to anyone else.] CSchnoeb/647329.1 /MSWord10714098 Development Agreement -Draft 3/2/2010 EXHIBIT "B" LISTING OF LAWSUITS OR LITIGATION WITHIN THE PAST FIVE YEARS Lawsuit or Litigation Status or Outcome Comments CSchnoeb/647296.1 /MSWord10714098 Request for Proposal 3/2/2010 16 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 3rd day of March , 2010. City k, City of Iowa City, State of Iowa (SEAL) - i 26 r ~~~,®~,~ CITY OF IOWA CITY ~~~~ Date: February 24, 2010 To: City Council From: Jeff Davidson, Director; Department of Planning and Community Development Re: Request for Private Developer Proposals for the Iowa City Multi-Use Parking Facility Project On the agenda of your March 2, 2010 meeting is a resolution approving a Request for Proposals document which we would like to issue for the Iowa City Multi-Use Parking Facility Project. Our goal is to select a private developer to work with us in a partnership as the project moves forward. We believe the private developer should be brought on to our design team at this time so that we may work together in developing a concept plan for the project. Our goal is for the project to result in three functional areas: • Approximately 600 structured parking spaces, owned and operated by the City. 25,000 - 35,000 square feet of privately developed commercial space to be either leased or sold as commercial condominium units. 25-40 units of privately developed workforce residential housing with a portion reserved for Low and Moderate Income (LMI) housing. The goal for our project is swell-integrated structure built consistent with the design parameters of Tower Place or the Court Street Transportation Center. The City's 600 parking spaces will provide parking opportunities for property owners who have paid into the Near Southside Parking Impact Fee, and provide a catalyst for additional development in the area. The commercial and residential spaces which will result in a building that is much better integrated into the overall neighborhood strategy for the Near Southside. This will also result in property taxes being generated on a parcel of property which has been property tax-exempt for over 80 years. Tax Increment Financing (TIF) assistance on the workforce housing element of the project is allowable under the state code if the project includes assistance for LMI housing. The RFP notes that such TIF incentives are contemplated and allows developers to include such incentives in their proposals. We have structured the RFP to allow for the possibility of TIF incentives and the satisfaction of the legal requirement that any sale of city property in an urban renewal area be by competitive process. The final decision on whether to create an urban renewal area and offer TIF incentives will be made by the City Council after proposals are received and reviewed by staff. Please bring any questions or comments to the March 1 work session. Following your approval our goal is to have the proposals circulated by Friday, March 5 with a deadline for submissions of April 9. We will then proceed with architect selection and the preparation of a concept design plan for the project. We are hopeful that construction can commence yet this calendar year. cc: Dale Helling Eleanor Dilkes Chris O'Brien ppdadmi n/memos/proposals-m ultiusepkg.doc ~~ a ~ Prepared by: Melissa Miller, Risk Manager, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5065 RESOLUTION NO. 10-73 RESOLUTION RATIFYING THE SETTLEMENT OF PENDING LITIGATION. WHEREAS, City employee Ronald D. Benner sustained a work related injury to his back on July 20, 2004, and WHEREAS, Mr. Benner has made a claim of permanent disability and a demand for lifelong benefits; and WHEREAS, to avoid litigating the matter, the parties have negotiated a settlement agreement that closes Benner's workers' compensation claim and takes care of his future medical expenses; and WHEREAS, it is appropriate to ratify said settlement, as provided by law, in full satisfaction of any and all claims which the claimants and/or parties may have against the City in the above matter, in consideration of the claimant's full release. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Ronald Benner's workers' compensation claim is hereby settled under the terms of the proposed settlement agreement with payment, upon approval of the Iowa Worker's Compensation Commissioner to Ronald Benner, in the amount of $25,000, in addition to statutory medical and weekly benefits paid to date. 2. -City Council for the City of Iowa City hereby approves said settlement as being in the best interest of the City of Iowa City and the parties involved, ratifies said settlement as provided by law, and confirms that said settlement is hereby ratified, contingent upon execution of appropriate releases. Passed and approved this 2nd day of rtar~h -~ 20-].:0.-• ATTEST: ~~Z~rctLu~ 7~- 9~C~R-+~~ CI LERK (~'~-'- ~ MAYOR Appr ved by ~/ , , ~o City Attorney's Office Finadmlres/rbenner settle.doc Resolution No. i n-~'~ Page 2 It was moved by Champion and seconded by M;ms the Resolution be adopted, and upon roll call there were: AYES: ~..- ~.- x x x ~- ~_ NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright wpdata/glossarylresolution-ic.doc