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HomeMy WebLinkAbout2007-09-13 Info Packet l.: 1 ~~~~tt ~~"'IIII.m-__ ...... .. ~ CITY OF IOWA CITY www.icgov.org I SEPTEMBER 15 WORK SESSION IP1 Council Meetings and Work Session Agenda CITY COUNCIL INFORMATION PACKET September 13, 2007 IP2 Memorandum from the City Clerk: Agenda for Saturday interviews I SEPTEMBER 17 WORK SESSION IP3 Memorandum from the Director of Planning and Community Development: Consideration of Congressionally Designated Funding (CDF) projects IP4 Memorandum from the Director of Parking and Transit and the Transit Manager: Local Formula for Allocating Federal Transit Operating Assistance IP5 Press Release: Police Investigations into Attacks on IC Women Continue [submitted by Interim City Manager Dale Helling] IP6 Memorandum from the City Clerk: Review of Police Citizens Review Board I MISCELLANEOUS IP7 Memorandum from the Director of Parking and Transit and the Transit Manager: Transit Service - Summer of the Arts IP8 Agenda Packet: Economic Development Committee September 13, 2007 IP9 Invitation: Roosevelt Institution panel discussion regarding the 21 ordinance - September 13, 2007 Invitation: C-SPAN Book TV: Open house and tours at Iowa Memorial Union [Distributed at 9/17 Work Session] I DRAFT MINUTES IP10 Board of Adjustment: August 8,2007 IP11 Parks and Recreation Commission: August 8,2007 IP12 . Public Art Advisory Committee: September 6,2007 IP13 Airport Commission: September 5,2007 IP14 Animal Care Task Force: August 23,2007 IP15 Economic Development Committee: July 24, 2007 IP16 Police Citizens Review Board: September 11,2007 September 13,2007 Information Packet (continued) 2 IP17 Planning and Zoning Commission: August 16, 2007 IP18 Youth Advisory Commission: August 22,2007 COUNCIL CANDIDATE REQUESTED MATERIALS Memo from Budget Analyst: Property Tax Impact COUNCIL CANDIDATE WORKSHOP MATERIALS distributed 9/13 Memorandum from City Clerk: Information Available on Website Budget Information I = ! ~~~~tt ~~~IIII.m__ ..... ... ~ CITY OF IOWA CITY www.icgov.org CITY COUNCIL INFORMATION PACKET SEPTEMBER 15 WORK SESSION IP1 Council eetings and Work Session Agenda IP2 from the City Clerk: Agenda for Saturday interviews SEPTEMBER 17 WORK SESSION September 13,2007 /, / I / I ! IP3 Memorandum fro the Director of Planning and Comm ity Development: Consideration of Co ressionally Designated Funding (CDF) proje s IP4 Memorandum from the irector of Parking and Transit and the Formula for Allocating Fe eral Transit Operating Assistance Local IP5 Press Release: Police Inves "gations into Attacks on IC Wo en Continue [submitted by Interim City Manager Dale Helli ] IP6 Memorandum from the City Clerk: IP7 Memorandum from the Director of Transit Service - Summer of the Arts Transit and the Transit Manager: IP8 Agenda Packet: Economic Development C ittee September 13,2007 IP9 Invitation: Roosevelt September 13, 2007 ussion regarding the 21 ordinance - IP10 Board of Adjustment: August 8, IP11 Parks and Recreation Commi ion: August 8,2007 IP12 Public Art Advisory Commi ee: September 6, 2007 IP13 Airport Commission: S tember 5,:2()07 IP14 Animal Care Task Fee: August 23, 2007 IP15 Economic Devel ment Committee: July 24, 2007 IP16 Police Citizens Review Board: September 11,2007 IP17 Planning and Zoning Commission: August 16, 2007 IP18 Youth Advisory Commission: August 22,2007 Se tember 13, 007 Information Packet continued CIL CANDIDATE REQUESTED Memo from Budget A Iyst: Property Tax Impact 2 TERIALS I = 1 -,...= -1iQ ~~W!:'t ,,~..gg~ ...... ......... CITY OF IOWA CITY City Council Meeting Schedule and Work Session Agendas I Oip3107 I September 13, 2007 www.icgov.org . SATURDAY, SEPTEMBER 15 8:00a Special Council Work Session -Interviews with firms Emma J. Harvat Hall . MONDAY, SEPTEMBER 17 Emma J. Harvat Hall 6:30p Council Work Session . Planning and Zoning Items "c, d, e, f" · Council Appointments . MidAmerican Franchise -Ivan Webber [reference agenda item 3d 1&2] . CDF (Congressionally Designated Funding) Project Priorities · Transit Funding Formulas . Building Code Changes [reference agenda items 7-11] . Smoking Regulation Local Control Resolution [reference agenda item 18] . UISG Women's Safety Forum - Abbie Volland . Police Citizens Review Board - 2 year Review - Ballot issue · Agenda Items · Council Time . Schedule of Pending Discussion Items . TUESDAY, SEPTEMBER 18 7:00p Formal Council Meeting Emma J. Harvat Hall TENTATIVE FUTURE MEETINGS AND AGENDAS I . MONDAY, OCTOBER 1 Emma J. Harvat Hall 6:30p Council Work Session . TUESDAY, OCTOBER 2 7:00p Formal Council Meeting Emma J. Harvat Hall . MONDAY, OCTOBER 15 6:30p Council Work Session Emma J. Harvat Hall . TUESDAY,OCTOBER16 7:00p Formal Council Meeting Emma J. Harvat Hall . MONDAY, NOVEMBER 5 TBA Council Work Session 7:00p Special Formal Council Meeting Emma J. Harvat Hall . MONDAY, NOVEMBER 12 Veterans' Day - Offices closed . THURSDAY, NOVEMBER 22 Thanksgiving Day - Offices closed . FRIDAY, NOVEMBER 23 Thanksgiving Day Holiday - Offices closed I ~ 1 -~= -~... ~~ai~~ ,,~~=., ~--- CITY OF IOWA CITY~ MEMORANDUM DATE: TO: FROM: RE: September 13, 2007 Mayor and City Council \J R Marian K. Karr, City Clerk ~\" Agenda for Saturday interviews . Interviews have been set with the four executive search firms for this Saturday, September l5t\ as follows: 8AM Waters-Oldani Executive Recruitment 9AM Slavin Management Consultants, Inc. lOAM Bennett Yarger Associates llAM The PAR Group - Paul A. Reaume Ltd. Immediately after the final interview, Council will begin discussions to select a firm and direct staff to begin negotiating the contract for Council approval. A light breakfast and box lunch will be provided. ,~ 1 ~~=--~... ~~W~~ ~~~ga.' ....,... ... CITY OF IOWA CITyr~-~:;, I MEMORANDUM Date: September 11, 2007 To: City Council 7-11 From: Jeff Davidson, Director of Planning and Community Development Re: September 17, 2007 work session: Consideration of Congressionally Designated Funding (CDF) projects We have been contacted jointly by the Cedar Rapids and Iowa City Chambers of Commerce about submitting projects for Congressional Designated Funding (CDF). There is a delegation of corridor representatives which travels to Washington D.C. each winter to lobby Senators Grassley and Harkin and Representative Loebsack to have CDF projects introduced into the annual federal budget. There is lobbying which goes on jointly by the corridor delegation as well as lobbying by individual entities. The corridor delegation also prioritizes the projects. I have prepared a list of candidate CDF projects for your consideration on the 1 tho These are projects which I believe lend themselves to CDF funding. You should plan to prioritize your top two or three projects at the September 17 meeting. The list is the same as last year, with two exceptions: the Iowa River Corridor Trail bridge at the Butler Bridge has been deleted from consideration because this project is being funded through JCCOG. The two pedestrian bridges over 1-80 at Dubuque Street and Dodge Street have been added for consideration. The Iowa Department of Transportation has indicated to us that it is unlikely these projects can be funded as part of the ongoing 1-80 improvements, but they can be incorporated into the 1-80 project if outside funding is received. What is shown is total estimated project expense. CDF funds may be used to fund up to 80% of total project expense. Bring any questions or comments to the meeting on the 1 tho cc: Dale Helling Rick Fosse Ron Knoche John Yapp ppddir/mem/CDF-proj9-1 a.doc CANDIDATE PROJECTS' For Congressionally Designated Funding * Dollar amounts shown are estimated project costs. September 07 CITYOF IclWA CITY , , ~ l / I COURT 5T '" w n:: I-- COURT 5T / z o ::2 n:: o I-- ({) w n:: o ::2 <( o >- ({) . CI!!:, OF !2WA ~y CORPO ~ .1IM~ . .-.r I! 1 --= -~ !~~~'t ~ ..!!!.!...~ .....~ CiTY OF IOWA CITY i ~ 1 f~~~'t ~ "'l"Ij" CITY OF IOWA CITy MEMORANDU From: September 12, 2007 Iowa City City Council Joe Fowler, Director, Parking and Transit -:::J~ Ron Logsden, Transit Manager RL Local Formula For Allocating Federal Transit Operating Assistance Date: To: Re: Each year the federal transit operating assistance that comes to the Iowa City Metro Area is split between Iowa City Transit, Coralville Transit and the University of Iowa Cambus using a local formula through JCCOG. Last year Cambus approached the JCCOG Technical Advisory Committee and Policy Board regarding changing the local formula. Cambus was the only one who voted in favor of changing the formula at the Technical Advisory level, but it was very close in the Policy Board vote. Cambus is approaching the JCCOG Policy Board and Technical Advisory Committee again regarding changing the local formula and we wanted to provide some background information for you to consider when evaluating the proposed change. To our knowledge, Cambus is still the only university run transit system in the nation that is not connected to a municipality to have access to Federal Section 5307 Operating Assistance. Federal Section 5307 Operating Assistance is allocated according to population and population density. In the eyes of the federal government, municipalities have population and universities do not and that is the reason that university run transit systems do not generally receive federal operating assistance. The decision to include Cambus in our local formula was made years ago and the current formula has been in place since 1989. The operating funds help, however the biggest benefit Cambus derives from being included in our federal operating assistance is that it allows them to be eligible for federal capital assistance to pay for 83% of the cost of their buses and 80% of their facilities and other capital needs. The local formula for splitting up the local operating assistance was intentionally weighted to benefit the two municipal systems, Iowa City Transit and Coralville Transit, for a number of reasons. Cambus has much lower operating cost than the two municipal systems because they are a student run system and utilize all student part-time employees and do not pay benefits to their drivers. The two municipal systems employees are both represented by The American Federation of State County and Municipal Employees and earn a living wage and benefit package. This operating cost disparity is evident in the FY2006 cost per revenue hour: Cambus $39.14/hr, Iowa City Transit $72.42/hr and Coralville Transit $75.89/hr. There are also costs associated with charging a fare. Not only do you have to purchase and maintain the farebox equipment, get passes printed and count the revenue daily, charging a fare slows down the boarding process for passengers when boarding the bus, which means that a bus can not cover as large of an area with a route which decreases the revenue miles for the system which is another category in the formula. If Cambus charged a fare then their current 30 minute routes would have to be extended to 45 minutes which would decrease their revenue miles unless they added more buses and more revenue hours of service. Although Cambus is open to the general public, they predominantly only service university facilities and parking lots which is much narrower in scope than the municipal systems. This narrow scope is even more evident when you look at their paratransit service. September 12, 2007 Page 2 In the period FY04 to FY06 Iowa City Transit had a 9% increase in ridership, Coralville Transit had a 14% increase in ridership and Cambus had a 1% loss in ridership. Cambus has added a significant amount of additional bus service over the past 15 years to serve the faculty/staff and student outlying parking lots and they also took over the bus service that was previously provided by Iowa City Transit to the Hawkeye Apartments. In an effort to avoid having to build additional parking structures and surface lots the University of Iowa Parking Division also cooperates with Iowa City Transit and Coralville Transit in a bus pass program in which we sell semester student and annual faculty/staff passes to them at a reduced rate ($16/month students, $23/month faculty/staff) and they in turn sell them to students at that same rate or reduce them to $10.00 a month if the individual does not have a parking permit. This program is good for both Iowa City Transit and the University of Iowa Parking Division since although many of the users of this program were existing bus riders, there have been new riders due to the program and the University Parking Division avoids the need for adding addition parking facilities which would be much more expensive to build, staff and maintain than the subsidy they provide for those pass holders who do not have a parking permit even if you take into account any revenue generated from selling the permits. When we did the last route study to determine where the additional Transit Intensive Communities (TIC) funds would be spent, we invited the University Parking and Transit Department to participate in the planning and used the demographics of the University of Iowa Faculty/Staff and Students to determine where the route expansions would be. We feel that the University did benefit from the TIC funds we received since the new routes provide bus service to additional university employees and students which in turn reduces their need to provide additional parking on campus. It is our feeling that the current formula is equitable since it takes into account the differing operating costs and should be maintained. Our budget and service expansions were based on the current formula being maintained. The new formula that Cambus is proposing would mean a loss of $75,314 for Iowa City Transit and would eliminate most of the local match for the Job Access Work Commute Grant we just received to expand the Manville Heights and North Dodge routes and to run a subsidized cab program for work related trips after Iowa City Transit stops running Monday - Saturday and all day on Sundays. fJ:y rn:l (jY) &~ cY \ / City ofIowa City, Iowa - Official Web Site q',!!'!:!'!!1 (IE"I1III&ID_.~"search ) city services ) organization chart ) city code ') maps (I News Good Afternoon! Wednesday, Sept. 12, 2007 410 East Washington Street, Iowa City, iA 52240 Ph: (319) 356.5000 News Releases POLICE INVESTIGATIONS INTO ATTACKS ON IC WOMEN CONTINUE Tuesday, September 11, 2007 - 11:07:00 AM Originating Department: Police Contact Person: Sgt. Troy Kelsay Contact Number: 319-356-5293 The Iowa City Police Department continues to investigate on-going incidents of sexual assaults, attempted sexual assaults, and forcible fond lings. The investigations have identified some common denominators. Isolated females walking alone at night is clearly the most obvious common factor. DO NOT WALK ALONE AT NIGHT. Other, less universal trends have also been identified. In several forcible fondling incidents a similar suspect description and method has been identified: . A white male, 5'-08" to 5'-09",160-170 pounds; . Twenty to 25 years of age; . Dark hair; . Does not speak to the victim; . Attacks occur between 9pm and 2:30am; . Attacker has fled when the victim yells and/or offers resistance; . No weapons were displayed. Not all of the attacks fit this pattern. In some of the attacks, the victim has been knocked to the ground. Sometimes the victim's clothing has been pulled aside or removed, and in some attacks the suspect has more violently assaulted the victim. Different suspect descriptions have been developed in some incidents. The Iowa City Police Department has released suspect composite sketches in several incidents. These can still be found on the Iowa City news page - http://www.icgov.org/news.asp . More information and safety tips can be found in an article on the Iowa City Police Department webpage - http://www.icgov.org/police/headlines.asp?ID=58 . The Police Department's investigation has been made more difficult by the sporadic nature of these assaults. The Police Department continues to dedicate Patrol and Investigations officers to prevent further attacks and to identify suspects responsible for past attacks. The department will continue to use various techniques to address this threat to the community. Other local law enforcement agencies - the University of Iowa Police Department, the Coralville Police Department, and the Johnson County Sheriffs Office - have provided assistance and officers to supplement the Iowa City http://www .icgov. org/news. asp ?ID= 5 63 2 City Resources . City Channel . Library Channel . News Releases . Senior Center TV Local Media . TV KCRG, KFXA 28, KGAN, KWWL PATV Ch. 18 . Print Gazette, IC Press Citizen, Daily Iowan Des Moines Register . Radio KCJJ, KCRG, KHAK, KRUI, KSUI, KXIC, KZIA, WSUI, WMT . Cable Mediacom . Weather E-Services . Contact Us . Subscribe to City Info. (ICGOV2U) 9/12/2007 City oflowa City, Iowa - Official Web Site Police Department's efforts. The prevention and resolution of these criminal acts is a priority for the Iowa City Police Department. To that end, we ask for timely reports of such incidents and of any suspicious persons. Be attentive to your surroundings. If you feel at all threatened or uncomfortable by the actions of another, immediately call the Iowa City Police Department - 356-5276 or 911 (as appropriate) - to report the suspicious activity/person. If you witness or interrupt an attack, fondling, or an apparent stalking of a victim, immediately report the information to the police. Be prepared to provide any or all of the following information: suspect description, suspect's location or direction of travel, exact location of the event, suspect vehicle information, etc. A community effort is needed to prevent further attacks and hold those responsible accountable. -fJ.. eftv.' <- -~ ,~ Page 2 of2 home I services I business I calendar I news I jobs I departments City of Iowa City - 410 East Washington Street - Iowa City, IA 52240 Copyright @ 2001-2005 City of Iowa City. All Rights Reserved. Contact Website Manager Web Policies Email and other communication sent to the City of Iowa City are subject to the Iowa open records law. http://www . icgov. org/news.asp ?ID= 5632 9/12/2007 l ~ 1 -~= -~ ~~ai~'t ~~~=.~ ..,.. ... Date: To: From: Re: Nt EYMOci RAI\tD U M1 O~~671 September 6, 2007 Mayor and City Council Marian K. Karr, City Clerk ~\~ Review of Police Citizens Review Board In July of 2001 the City Council initiated a Council review of the Police Citizens Review Board by including the following language in Ordinance 01-3976: "On or before August 1, 2003, and every two (2) years thereafter the city council shall evaluate the effectiveness of the board in light of goals and principals set forth in section 8-8-2 of this chapter." A copy of City Code Section 8-8-2 is attached, along with Board's Annual Reports for the last two years. 8-8-2: INTENT, GOALS AND GUIDING PRINCIPLES: 8-8-2: INTENT, GOALS AND GUIDING PRINCIPLES: Page 1 of2 A.lnvestigations into claims of inappropriate conduct by sworn police officers will be conducted in a manner which is fair, thorough, and accurate. B.An annual reporting system regarding complaints against sworn police officers will be established to give the city council sufficient information to assess the overall performance of the Iowa City police department in these matters. C.Citizens may make a formal written complaint to either the board or the Iowa City police department. In accordance with this chapter the board shall process only those complaints filed with the board but will receive reports from the police chief briefly describing the nature of the allegations made in formal written complaints filed with the police department and the disposition of the same. D.The board will: 1. Oversee a monitoring system for tracking receipt of formal complaints lodged against sworn police officers with either the board or the Iowa City police department. 2. Provide oversight of police investigations through review of such investigations. 3. Provide the opportunity for a hearing to the police officer if the board's findings on the complaint to the board are critical of the police officer, as required by constitutional law, and give the police officer the opportunity to present testimony and evidence. 4. Issue a final public report to the city council on each complaint to the board which sets forth factual findings and a written conclusion which explains why and the extent to which the complaint is either "sustained" or "not sustained". E.The board shall have no authority over police disciplinary matters because only the police chief or city manager may impose discipline under Iowa law. F.No findings in the board's report shall be used in any other legal proceeding. G.The board shall only review the conduct of sworn police officers and shall only act in a civil, not criminal, capacity. The board is not intended to be a court of law, a tort claim process or other litigation process. No action of the board shall be deemed to diminish or limit the right of any person to file a claim or a lawsuit against the city. H.A complaint to the board may be filed by any person with personal knowledge of an incident. "Personal knowledge" means the complainant was directly involved in the incident or witnessed the incident. If the person with personal knowledge is underage or otherwise unable to complete a complaint form, the complaint may be filed by such person's designated representative. The city manager, the police chief, the city council, or the board may file a complaint to the board based upon a reasonable belief that police misconduct has occurred regardless of personal knowledge. I.In order to assure that people feel confident in the complaint process, non police city staff shall be available at a public location other than the police department to receive complaints, although complaints may also be filed at the police department. Formal mediation shall be available to the complainant(s) and the police officer(s) at any time http://66.113.195.234/IAlIowa%20CityI11008000000002000.htm 9/4/2007 8-8-2: INTENT, GOALS AND GUIDING PRINCIPLES: Page 2 of2 during the process. J.The board shall not interfere with or diminish the legal rights of sworn police officers, including those rights protected under the union contract, civil service commission, and state and federal law. Similarly, the board shall respect the rights of privacy and freedom from defamation shared by complainants and witnesses, as well as those same rights enjoyed by police officers under the law. K.The city council finds that internal accountability within the police department is a valid legislative purpose, and one method of accomplishing such internal accountability is to have the police do their own investigations into claims of inappropriate police conduct. If a complaint is asserted against the police chief, the city manager will investigate the claim and report to the board and the city council. L.lnvestigation of all formal complaints to the board is a mandatory duty of the police chief, and a report of each complaint investigation shall be given to the board. Such reports to the board shall include the factual findings of the police chief as well as a written conclusion explaining why and the extent to which a complaint is either "sustained" or "not sustained". However, such reports shall not include discipline or other personnel matters. If the police chief and the city manager find the police officer's actions constitute misconduct and discipline is imposed by the police chief or city manager, the internal affairs investigation may become a public record to be released by the city attorney to the extent provided by law. M.ln order to assure external accountability of the actions of the police department, the police chief shall provide the board with a report at least quarterly of all formal complaints filed directly with the police department, which report shall state the date and location of the incident and a brief description of the nature of the allegation and the disposition of the complaint. N.External accountability will further be provided by the board's maintenance of a central registry of all formal complaints. In addition to the central registry, the board shall provide an annual report to the city council, which report shall be public and shall set forth the general types and numbers of complaints, how they were resolved, demographic information, and recommendations as to how the police department may improve its community relations or be more responsive to community needs. O.The board shall review police practices, procedures, and written policies as those practices and procedures relate to the police department's performance as a whole, and shall report their recommendations, if any, to the city council, city manager and police chief. (Ord. 01- 3976, 7-10-2001) http://66.113.195.234/IAlIowa%20City/ll008000000002000.htm 9/4/2007 POLICE CITIZENS REVIEW BOARD GENERAL RESPONSIBILITIES Established in 1997, by ordinance #97-3792, the Iowa City Police Citizens Review Board (PCRB) consists of five members appointed by the City Council. The PCRB has its own legal counsel. The Board was established to assure that investigations into claims of police misconduct are conducted in a manner that is fair, thorough, and accurate, and to assist the Police Chief, the City Manager, and the City Council in evaluating the overall performance of the Police Department by reviewing the Police Department's investigations into complaints. The Board is also required to maintain a central registry of complaints and to provide an annual report setting forth the numbers, types, and disposition of complaints of police misconduct. It may recommend that the City Council hold public forums and/or hearings designed to encourage citizens to provide information, recommendations, and opinions about police policies, procedures, and practices. To achieve these purposes, the Board complies with Chapter 8 of the Iowa City Code and the Board's By-Laws and Standard Operating Procedures and Guidelines. ACTIVITIES AND ACCOMPLISHMENTS FOR FISCAL YEAR 2006 Meetings The PCRB holds monthly meetings on the second Tuesday and special meetings as necessary. During FY06 the Board held 9 meetings. Three meetings were cancelled due to lack of Board business. ICPD Policies/Procedures/Practices Reviewed By PCRB The ICPD regularly provided the Board with monthly Use of Force Reports, Internal Investigation Logs, Demographic Reports and various Training Bulletins. The Department also provided various General Orders for the Board's review and comment. A senior member of the Police Department routinely attended the open portion of the PCRB meetings, and is available for any questions Board members have regarding these reports. Presentations None. Board Members Roger Williams' term ended in September and Michael Larson was appointed for a four-year term. In October officers were nominated with Greg Roth as Chair and Candy Barnhill as Vice Chair. COMPLAINTS Number and Type of Allegations Four complaints (05-03, 05-04, 06-01, 06-02) were filed during the fiscal year July 1, 2005 - June 30, 2006. Four public reports were completed during this fiscal period (05-02, 05-03, 05-04, 06-01). The four completed public reports involved 6 allegations. Allegations Complaint #05-02 1. Aggressiveness and Improper Language. PCRB Annual Report FY 2006 - (Approved June 12, 2006) - 2 Complaint #05-03 1. Improper Conduct. 2. Differential Treatment. Complaint #05-04 1. Failure to properly investigate a complaint. 2. Using a condescending tone when speaking to complainant. Complaint #06-01 1. Violation of 4th Amendment Right. Level of Review The Board decided, by simple majority vote, the level of review to give each report, selecting one or more of the six levels specified in the City Code per complaint: Levele Levelf On the record with no additional investigation Interview or meet with complainant Interview or meet with named officer Request additional investigation by Chief or City Manager, or request police assistance in the Board's own investigation Board performs its own additional investigation Hire independent investigators 4 o o o Level a Levelb Levelc Leveld o o Complaint Resolutions The Police Department investigates complaints to the PCRB of misconduct by police officers. The Police Chief summarizes the results of these investigations and indicates in a report (the Chief's Report) to the PCRB whether allegations are sustained or not sustained. (If complaints are made against the Chief, the City Manager conducts the investigation and prepares and submits the reports.) The Board reviews both the citizens' complaint and the Chief's Report and decides whether the allegations should be sustained or not sustained. The Board prepares a report which is submitted to the City Council. Of the 6 allegations listed in the four complaints for which the Board reported, none were sustained. The Board made comments and/or recommendations for improvement in police policy, procedures, or conduct in two of the reports: Complaint #05-03 The Police Citizens Review Board considered ICPD General Order Number 00-05, "Off-Duty Conduct: Powers of Arrest"; ICPD General Order Number 99-07, "Traffic"; and ICPD General Order 01-01, "Racial Profiling" in coming to its conclusions. Complaint #06-01 On Wednesday, February 1, 2006, Officer A charged the complainant with "Vehicle for Hire - Liability Insurance." The PCRB complaint against Officer A was time stamped on Friday, February 3, 2006. In his closing statement to investigators, the complainant stated he would make his complaint go away if the charge against him was dropped. Name-Clearing Hearings The ordinance requires that the Board not issue a report critical of the conduct of a sworn officer until after a name-clearing hearing has been held. During this fiscal period, the Board did not schedule any name-clearing hearings. PCRB Annual Report FY 2006 - (Approved June 12, 2006) - 3 Mediation Officers and complainants are notified by mail that formal mediation is available to them at any stage in the complaint process before the Board adopts its public report. All parties involved must consent to a request for mediation. No mediations were convened this year. Complaint Histories of Officers City ordinance requires that the annual report of the PCRB must not include the names of complainants or officers involved in unsustained complaints and must be in a form that protects the confidentiality of information about all parties. Complaints were filed against four officers in the four complaints covered by the FY06 annual report. ICPD Internal Investigations Logs The Board reviewed the quarterly ICPD Internal Investigations Log, provided by the Chief of Police. COMPLAINT DEMOGRAPHICS The following is demographic information from the four complaints that were filed in this fiscal year. Because complainants provide this voluntarily, the demographic information is incomplete. Category/Number of Complainants Aqe: Over 21 Unknown 3 1 National Oriqin: US 1 Unknown 3 Gender Identitv: Male 2 Unknown 2 Reliqion: Unknown 4 Color: African American Unknown 1 3 Sexual Orientation: Heterosexual 1 Unknown 3 Sex: Male Unknown 1 3 Marital Status: Single 0 Married 1 Unknown 3 Mental Disabilitv: Unknown 4 Phvsical Disabilitv: Unknown 4 BOARD MEMBERS Greg Roth, Chair Candy Barnhill, Vice Chair Loren Horton Beth Engel Roger Williams/Michael Larson clerk/Annual Report 05-06.doc POLICE CITIZENS REVIEW BOARD GENERAL RESPONSIBILITIES Established in 1997, by ordinance #97-3792, the Iowa City Police Citizens Review Board (PCRB) consists of five members appointed by the City Council. The PCRB has its own legal counsel. The Board was established to review investigations into claims of police misconduct, and to assist the Police Chief, the City Manager, and the City Council in evaluating the overall performance of the Police Department by reviewing the Police Department's investigations into complaints. The Board is also required to maintain a central registry of complaints and to provide an annual report setting forth the numbers, types, and disposition of complaints of police misconduct. It may recommend that the City Council hold public forums and/or hearings designed to encourage citizens to provide information, recommendations, and opinions about police policies, procedures. and practices. To achieve these purposes, the Board complies with Chapter 8 of the Iowa City Code and the Board's By-Laws and Standard Operating Procedures and Guidelines. ACTIVITIES AND ACCOMPLISHMENTS FOR FISCAL YEAR 2007 Meetings The PCRB holds monthly meetings on the second Tuesday and special meetings as necessary. During FY07 the Board held thirteen meetings. Three meetings were cancelled due to lack of Board business. ICPD Policies/Procedures/Practices Reviewed By PCRB The ICPD regularly provided the Board with monthly Use of Force Reports, Internal Investigation Logs, Demographic Reports and various Training Bulletins. The Department also provided various General Orders for the Board's review and comment. A senior member of the Police Department routinely attended the open portion of the PCRB meetings, and is available for any questions Board members have regarding these reports. Presentations None. Board Members There were no changes to the make-up of the Board during FY07. In October officers were nominated with Michael Larson as Chair and Elizabeth Engel as Vice Chair. COMPLAINTS Number and Type of Allegations Four complaints (06-03, 06-04, 06-05, 06-06) were filed during the fiscal year July 1, 2006 - June 30, 2007. Five public reports were completed during this fiscal period (06-02, 06-03, 06-04, 06-05, 06- 06). The five completed public reports involved 10 allegations. Allegations Complaint #06-02 1. Intimidation, Harassment, Threats. 2. Officers refused to allow prayer. Complaint #06-03 PCRB Annual Report FY 2007 - (Approved 7/10/2007) - 2 1. Personal Conduct. 2. General Conduct on Duty. Complaint #06-04 1. Inappropriate Behavior. 2. Wrongful Arrest. Complaint #06-05 1. Unwarranted delay in accomplishing the ticketing and searching tasks. 2. Use of harsh tone of voice, of glaring at the Complainant, of using disrespectful language, of insulting and degrading the Complainant, and showing prejudice. Complaint #06-06 1. Retaliation. 2. Destruction of Property. Level of Review The Board decided, by simple majority vote, the level of review to give each report, selecting one or more of the six levels specified in the City Code per complaint: Levele Levelf On the record with no additional investigation Interview or meet with complainant Interview or meet with named officer Request additional investigation by Chief or City Manager, or request police assistance in the Board's own investigation Board performs its own additional investigation Hire independent investigators 4 1 1 1 Level a Levelb Levelc Leveld 1 o Complaint Resolutions The Police Department investigates complaints to the PCRB of misconduct by police officers. The Police Chief summarizes the results of these investigations and indicates in a report (the Chief's Report) to the PCRB whether allegations are sustained or not sustained. (If complaints are made against the Chief, the City Manager conducts the investigation and prepares and submits the reports.) The Board reviews both the citizens' complaint and the Chief's Report and decides whether its conclusions about the allegations should be sustained or not sustained. The Board prepares a report which is submitted to the City Council. Of the 10 allegations listed in the five complaints for which the Board reported, none were sustained. The Board made comments and/or recommendations for improvement in police policy, procedures, or conduct in four of the reports: Complaint #06-02 The Board feels that the investigative report compiled by the ICPD investigator(s) and the Chief's Report is very comprehensive and thorough. The complainant refused to speak with investigators. It is commented in multiple interview/supplemental reports from VA and UIHC staff that the ICPD officers were very patient and respectful with the family while attempting to de-escalate the situation without use of physical means or arrests. No one observed any ICPD officer do anything disrespectful or inappropriate in action or speech while dealing with the family. Complaint #06-03 PCRB Annual Report FY 2007 - (Approved 7/10/2007) - 3 The Board wishes that the Chief had addressed formally the allegations of handcuffing and alleged arrest of a juvenile as listed by the complainant and as stated by the Chief in his cover letter and his Report to the Board. The Report included investigation regarding these allegations but did not issue Findings. Handcuffing and Arrests of Juveniles: The Board recommends a review of OPS-19.1, Juvenile Procedures, with emphasis on handcuffing of juveniles and arrests of juveniles. In Car Recording Device Activation: The Board does not concur with the internal investigation conclusion that no policy violation occurred when no officer activated an in car recording device. OPS-12, In Car Recording Devices [effective 8/4/1999], section IV, states, "In addition to traffic stops, officers should manually activate the recording equipment on calls for service and on self initiated field activity." According to Merriam-Websters Collegiate Dictionary, 11th Edition the operant, "should", is "used in laws, regulations, or directives to express what is mandatory" and placed an obligation on the officer(s) at the scene and involved in the field investigation to activate their recording device(s). The existence of a visual/audio documentary of the events which transpired during the detention of the juvenile(s) would have been an invaluable tool for the resolution of PCRB #06-03, if after viewing the recording of the incident, a complaint had transpired at all. Disrespectful Commentary: The Board suggests that consideration be given to additional training and a review of Leg-01, Civil Rights, 111-(0)-(2), "Act, speak and conduct themselves in such manner as to treat all persons with courtesy and with that respect due to every person as a human being." In the Investigator's Report, it was acknowledged by officers at the scene that certain officer(s) did not exhibit the consummate level of professionalism that is typically exhibited by the members of the ICPD. Officer Communication at the Scene: The Investigator's Report documented conflicting information among the officers who had direct contact with the juveniles. The Investigator's report detailed multiple incorrect assumptions made by officers at the scene due to a lack of communication between the lead officer and those detaining the juvenile(s). Le.: "Officer II said he had assumed that Juvenile 2 (Juvenile 1) had been arrested by Officer I, and he searched him incident to the arrest." Incident Documentation: The Board concurs with the Chief's assessment that a review of reporting requirements is necessary. The Board suggests a review of OPS V., Reporting Use of Force, and review of LEG-03, Field Interviews and Pat Down Searches, be included in the additional training. Complaint #06-04 The Board commends the officer(s) involved for activating the in-car recorder so a video could be reviewed. State law does not require an officer to summon a supervisor upon refusal of a citizen to sign a citation. State law does require that the seat belt be worn properly. Complaint #06-05 We commend the Officer involved in this case for activating the in-car camera. The evidence from the recorded video made it possible for the investigating officers to compare the accusations received from the Complainant with what was captured by the in-car camera. This Complaint demonstrates the value of consistent use of the in-car cameras when there is need for later review of actions. Name-Clearing Hearings PCRB Annual Report FY 2007 - (Approved 7/10/2007) - 4 The ordinance requires that the Board not issue a report critical of the conduct of a sworn officer until after a name-clearing hearing has been held. During this fiscal period, the Board scheduled one name-clearing hearing of which the officer(s) declined. Mediation Officers and complainants are notified by mail that formal mediation is available to them at any stage in the complaint process before the Board adopts its public report. All parties involved must consent to a request for mediation. No mediations were convened this year. Complaint Histories of Officers City ordinance requires that the annual report of the PCRB must not include the names of complainants or officers involved in unsustained complaints and must be in a form that protects the confidentiality of information about all parties. Complaints were filed against twelve officers in the five complaints covered by the FY07 annual report. ICPD Internal Investigations Logs The Board reviewed the quarterly ICPD Internal Investigations Log, provided by the Chief of Police. COMPLAINT DEMOGRAPHICS The following is demographic information from the five complaints that were completed in this fiscal year. Because complainants provide this voluntarily, the demographic information is incomplete. Category/Number of Complainants Sexual Orientation: Heterosexual 0 Unknown 4 Lesbian 1 Gender Identitv: Unknown 5 Color: African American 2 Unknown 2 White 1 Sex: Male 2 Unknown 2 Female 1 Mental Disability: Unknown 5 AQe: Over 21 Unknown 3 2 National OriQin: US Unknown 1 4 Marital Status: Single 1 Married 1 Unknown 3 ReliQion: Unknown Baptist 4 1 Phvsical Disabilitv: Unknown 5 BOARD MEMBERS Michael Larson, Chair Elizabeth Engel, Vice Chair Candy Barnhill Loren Horton Greg Roth i ~ 1 -,....= -~... ~~ai~~ ~ ~IIII.' --~ CITY OF IOWA CITY~ MEMORANDUM From: September 7, 2007 City Council Joe Fowler, Director Parking & Transit ~ Ron Logsden, Transit Manager {2.L Date: To: Re: Transit Service - Summer of the Arts This summer Iowa City Transit offered extended Saturday service, Sunday service, and fare free rides as a pilot program to encourage people to use transit to attend the Arts Fest, Jazz Fest, and the Hancher Anniversary. The following is a summary of the ridership generated by the program. ARTS FEST Saturday service was extended until 11 :00 p.m. and Sunday service was offered from 11 :00 a.m. until 6:30 p.m. Saturday total ridership was 1582, an increase of approximately 482 rides over our Saturday summer average. Sunday ridership was 401. This was the first time Sunday service had been offered. Cost for the event was $986.00 for Saturday, $1,841 for Sunday. JAZZ FEST Saturday service was extended until 11 :00 p.m. and Sunday service was offered from 11:45 a.m. until 11 :00 p.m. Saturday ridership was 1582, the same number as generated by Arts Fest. Sunday ridership was 578, an increase of 177 over the Arts Fest Sunday ridership. Cost for the event was $986.00 for Saturday, $2,893 for Sunday. HANCHER ANNIVERSARY Saturday service was extended until 11 :00 p.m. Total ridership for the day was 1472 however only 83 of these rides occurred during the extended service hours. The remainder of the increase may have been attributed to the free fare. Cost for the event was $986.00. The increase in service hours did result in an increase in ridership, 2215. The expense to the City was $3.47 per rider. If the extended hours are offered for future events we anticipate the number of riders will increase and the fixed cost will remain fairly consistent while the cost per ride decreases. I]!:J AGENDA City of Iowa City City Council Economic Development Committee Thursday, September 13,2007 8:30 a.m. Lobby Conference Room City Hall 1. Call to Order 2. Approval of Economic Development Committee Minutes, July 24, 2007 3. Downtown Market Niche Analysis Update, Mary Bosch, Marketek 4. Nile Valley Restaurant, CDBG Economic Development Funds Request 5. Iowa City Ambulatory Surgical Center, Tax Increment Financing Application 6. Staff time 7. Committee time 8. Adjournment MINUTES CITY COUNCIL ECONOMIC DEVELOPMENT COMMITTEE July 24, 2007 CITY HALL, LOBBY CONFERENCE ROOM Preliminary Members Present: Regenia Bailey, Connie Champion, Bob Elliott Members Absent: none Staff Present: Wendy Ford, Jeff Davidson, Tracy Hightshoe, Steve Long. Others Present: Nancy Quellhorst, Mark Nolte, Joe Raso, Anna Sobaski and Darin Vig with Gluten Evolution, Ilham B. Mohamed with Nile Valley RECOMMENDATIONS TO CITY COUNCIL: Champion moved, seconded by Elliott, that the Alpla Expansion TIF application be recommended for Council approval: Motion passed 3-0. Elliott moved, seconded by Champion, that the following recommendation regarding Gluten Evolution LLC be forwarded to Council for the August meeting: $50,000, partially secured by a mortgage on the private residence. Deferred payment would be allowed, not to exceed 6 months. Term would remain at 7 years, 3% interest rate. Motion passed 3-0. CALL MEETING TO ORDER Chairperson Regenia Bailey called the meeting to order at 8:30 AM. APPROVAL OF MINUTES FROM Julv 10. Minutes were approved as amended. ALPLA EXPANSION TIF APPLICATION Ford reviewed the City's positive history with Alpla and details of the current proposed development agreement - a 4 year 100% TIF rebate capped at $600,000. Alpla would expand into an 82,200 square foot addition to the old General Mills building, and agree to maintain 180 permanent full time positions and add 25 additional positions, all at $14.00 per hour or greater, plus benefits. Ford further noted that they could not specifically deal with old noise problems in the new agreement, but included noise issues in Article 2f of the agreement as such: Developer will fully cooperate with the City in resolution of any traffic, parking, trash removal, excessive noise or public safety problems which may arise in connection with the construction and operation of the Minimum Improvements. Alpla has invested improvements on the noise issues on the older buildings. Marcia Klingaman had had made some neighborhood calls on the issue, and found that perceptions of the noise output ranged from no issue to very annoying. Champion moved, seconded by Elliott, that the Alpla Expansion TIF application be recommended for council approval: Motion passed. GLUTEN EVOLUTION CDBG ECONOMIC DEVELOPMENT FUNDS REQUEST Hightshoe reviewed the staff recommendation and rationale included in the packet. Staff recommendation is to provide a $50,000 loan, partially secured by a mortgage on the private Economic Development Committee July 24, 2007 Page 2 residence. Job creation would require 1.5 FTEs. Additionally, she noted that she would not advise creating additional jobs until cash flow improves. Deferred payment would be allowed, however not to exceed 6 months. Term would remain at 7 years, 3% interest rate. Elliott noted that the initial request was for $105,000, and inquired whether $50,000 would be enough to address their financial needs. Anna Sobaski, owner, responded that it will allow the hiring of one person, and the purchase of a much needed forklift in the warehouse. Darin Vig said $50,000 addresses the short-term need; at present, staff is just Sobaski and her sister. The new position would provide part-time help with marketing, support for PR and sales. Bailey inquired about profiUloss. Vig responded that they purchase their raw materials from a copacker, so their cost per items sold is very constant. Cost is about 40% of the selling price. Sales are going up; Sobaski noted that as they sell more, the cost should come down because they will qualify for volume discounts. Bailey asked about sales volume. Volume has increased from 50,000 in 2004 to 200,000 units today. Market penetration is national (they are in all 50 states), and international; they ship to Canada and the UK regularly. They are in the national chain Wild Oats, which is merging with Hall Foods. Elliott moved, seconded by Champion, that the following recommendation be forwarded to Council for the August meeting: $50,000, partially secured by a mortgage on the private residence. Deferred payment would be allowed, not to exceed 6 months. Term would remain at 7 years, 3% interest rate. Motion passed. NILE VALLEY RESTAURANT. Hightshoe introduced this application for a new restaurant serving Middle Eastern/Mediterranean food and gourmet coffee, beginning in September. They have a location on the ground floor of a multi-unit complex at 335 S Gilbert Street. They are requesting funds for working capital, construction, and inventory. The applicant initially requested $110,000, but has re-submitted the request at $50,000. As a startup business, this is more risky, and there is no collateral for the loan. The applicant disclosed that the co-owner filed for bankruptcy in 1997. However, the credit report indicates no past due amounts, and demonstrates that the applicants have a current history of paying loan obligations. The owner is willing to make a significant personal financial investment in the business, up to about $70,000. Any funds used for construction would require payment of union wages, whether they used union workers or not. This is likely to limit available contractors and increase the price of the work. Staff therefore recommends $25,000 for working capital only, 5 year term (maximum of 7 years) at 4% interest. Regarding competition, Hightshoe noted that the City did fund Oasis Falafel with CDBG- Economic Development Funds. That loan was for $25,000, 4% interest, 5-year term. Elliott inquired about the lack of collateral. IIham Mohamed, the applicant, responded that she had no house to put up, and US Bank is securing their loan by having the applicant purchase the equipment through the bank. Bailey asked what other communities do with these kinds of loans and securities. Hightshoe mentioned the city of Dubuque has an economic development fund, but no specific policies on its distribution. The city of Des Moines has more detailed rules. Bailey voiced a few concerns, noting that restaurants are always a challenge. Comparison to Oasis is good, a comparable situation; however, noted, that they had done some marketing and had a following before their opening. When asked what she saw as her market base, or her following, Mohamed replied that she has done some vending in Iowa City; at the cultural fair in the Field House and RAGBRAI in Coralville last year, for example. . Economic Development Committee July 24, 2007 Page 3 Bailey stated that the cash sales projections look very ambitious. Asked if she thought it was realistic, Mohamed said they figured on $6 average sales per person, breakfast, lunch, and dinner; and doesn't see it as a difficult thing to accomplish. Her goal is to reach 150 sales per day for the first 6 months, and that would clear $100,000 for the first year. She is planning to deliver, also. Proposed hours are 6 a.m. to 9 p.m., 7 days a week at the beginning, with 10 employees. Bailey noted 150 people a day seems ambitious, noting that there are down days and months. Elliott has concerns about providing an unsecured loan with taxpayers' money; saying its neat to have this type of business in that location, but starting from scratch with no following is risky. He is concerned that projected sales cannot be met. Bailey added that most of the expenses are fixed; and there is not a lot of "wiggle room" in the projections. Elliott also noted the lack of a resume in her materials. He questioned her business experience, noting the past tells a lot about the future. Mohamed responded that they are immigrants from Sudan and had done many different things since that time. She had been an air hostess for 10 years for Saudi Air Lines and Sudan Airways. They came to the U.S. in 1993; since then they have worked in many different jobs, and both got higher education. Her husband, Bedrelddin Ahmed got a PhD and is a United Nations translator in Iraq currently; Mohamed graduated from Kirkwood Community College and got a job at the Neighborhood Centers. Elliott inquired whether she had food service experience or experience running a business, or managing a payroll, or other management experience. Mohamed answered that she did not. Bailey asked whether she had worked with the Small Business Development Center. Mohamed responded yes, and also with the Cedar Rapids Business Center, and that she is also planning to take more business classes. Bailey asked whether she had developed different sales scenarios, or, if they don't make projected sales, how they would deal with the shortfall. Mohamed noted that she would create a plan addressing different revenue scenarios. Champion asked where the projection of 150 customers per day came from and what they absolutely needed to survive. Mohamed replied that she got the number by studying other similar restaurants. She did her own observational survey during the last days of May, when business was very slow, and counted an average of 16 an hour; she felt she could do much better. Bailey indicated interest in going ahead but would like to see different revenue scenarios along with a marketing plan. $25,000 is an appropriate figure. Bailey noted that it would be nice to have something other than liquor stores in that area. Champion also indicated that she was not against the project, but would like to see a marketing plan. Quellhorst asked if she had catering plans. Mohamed replied yes; she plans to purchase a bicycle for close-by deliveries. She doesn't know how much of that she can do until she starts. Bailey reiterated the need to see a marketing plan. Elliott repeated his problem with no collateral, and the lack of person-power to handle both operational marketing and other kinds, such as catering. Bailey asked Mohamed to bring back a marketing plan and cash flow scenarios based strictly on student basis to see ups and downs. Nolte suggested Mohamed also check the USAID programs to aid refugees; noting that even though she is now a U.S. citizen, she still qualifies. Bailey stated that the request will be revisited at the next meeting, which will be scheduled early August in order to get it on Council's August agenda. STAFF TIME Ford provided new wording for the bankruptcy question on CDSG loan applications: Has the company or any officer of your company been involved in bankruptcy or insolvency proceedings Economic Development Committee July 24, 2007 Page 4 during the past 7 years from the date of this application? If so, provide the details. The wording was accepted by majority agreement. Ford mentioned that Hightshoe had done some research about how other communities distribute their CDBG loan proceeds. We are going to continue this research to determine proper distribution and also to define the most efficient way to have a CDBG loan fund portfolio. Hightshoe then provided a spreadsheet showing the history of all Iowa City CDBG Economic Development Fund applications and status from July 1, 2002 (FY03) to present. Ford announced that in September the National Development Council will be providing a three- day class in St Louis that Hightshoe will attend. Elliott complimented Hightshoe's work. COMMITTEE TIME The committee scheduled their next meeting: Monday, August 13, at 8:30 a.m. ADJOURNMENT Champion moved and Elliott seconded adjournment at 9:31 AM. Motion passed. Next meeting is scheduled for Monday, August 13,8:30 AM, in the City Hall Lobby Conference Room. Council Economic Development Committee Attendance Record 2007 Name Term 1/23 2/09 2/20 2/27 3/06 3/12 4/06 4/12 5/29 5/31 6/21 7/10 7/24 Expires Regenia Bailey 01/02/08 X X X X X X X X X X X X X Bob Elliott 01/02/08 X X X X X X X X X X X X X Connie Champion 01/02/08 X X X X X X X X X OlE X X X Key: X = Present o = Absent OlE = Absent/Excused Absent/Excused 1 ~ 1 -~= -~ ~~ai~-': ,,~~~mn~ ....... .. CITY OF IOWA CITY MEMORANDUM Date: September 10, 2007 To: Council Economic Development Committee Re: Tracy Hightshoe, Associate Planner Nile Valley Restaurant From: At the July 24 Council Economic Development Committee meeting, the committee requested that the owner, IIham Mohammed, submit different cash flow projections for less than anticipated annual sales and a marketing strategy for the business. Ilham has been working with Paul Heath, Small Business Development Center, to develop cash flow statements under different sales projections. Two year cash flow projections are attached that reflect the worst case scenario and the expected scenario. The forecasted financial statements are attached for your review. For your reference the July 24 Staff Recommendation can be found below: July 24, 2007 Staff Recommendation: $25,000 for working capital only to limit risk/exposure and not subject the project to additional federal regulations. Maximum term of 7 years at 4% interest and new cash projections completed prior to award. Job creation would require three FTE positions that are paid $1 0.50/hour or more. Staff recommends as a condition of the award the owner receive additional business assistance regarding items such as loss prevention, portion control, personnel and financial management. The training required would be based on an evaluation by the Small Business Development Center. Please contact me with any questions at 356.5244. Nile Valley Restaurant Marketing Plan Marketing Strategy~Strategy Pyramids The single objective is to position the Nile Valley as the premier gourmet Mediterranean restaurant in the Iowa City area. The marketing strategy will seek to first create customer awareness regarding their services offered, develop that customer base, and work toward building customer loyalty and referrals. The message that the Nile Valley will seek to communicate is that the Nile Valley offers the freshest, most creative, health conscious, reasonably priced, gourmet Mediterranean/Middle Eastern food. This message will be communicated through a variety of methods. The Nile Valley's advertising budget is very limited, so the advertising program is simple and affiant. The Nile Valley will do extensive mailing to the residents of Iowa City and Coralville, through direct mail. .:. Direct mail, which will be a way to communicate directly with the consumer, was used by a previous restaurant owner in the Quad Cities who saw a dramatic increase of sales immediately after advertising through direct mail by Mail South. .:. Door hangers with coupons to households and businesses around the highly populated Downtown area. .:. Yellow Pages & Dex page ads. .:. Internet exposure through search engine optimization, a web site, Internet listings, Iowa City Local Internet Directory and Ameseats.com. Consumers will be encouraged to visit the Nile Valley's Web Site that highlights the restaurants up coming attractions, events and dynamic menu. .:. Public Relation growth by maintaining guest list e-mail coupons, specials and telephone invitations for special events. .:. The Nile Valley has an established growing VIP guest list of 120 costumers that are already excitingly awaiting the opening of Nile Valley. .:. The Nile Valley will establish a relationship with local community development organizations and popular local radio stations to gain airtime to promote events and specials, like winning a dinner for two through the station. Because of this, the Nile Valley will be gaining interface with their customers. Advertising on Radio stations like: . -KRNA -94.1 FM . -KKRQ -100.7 FM . -KRUI 89.7 Radio is the second largest student organization at the University of Iowa. KRUI employs students, both volunteer and paid, from a wide variety of backgrounds and majors. The Nile Valley will be supporting the college community not just by providing a hot meal and reasonable prices but also announcing special coupons - special events and great discount deals. Radio airtime will gain the Nile Valley an increase in new customers who can be turned into long-term customers. .:. The Nile Valley will continually look for local community programs in which the Nile Valley can participate, in order to better the community and give something back. .:. Banner ads with inserts in the Daily Iowan, Iowa City Press Citizen and Ad Sheet, all of which are popular local papers, are likely to be the most successful of the campaigns. The Daily Iowan itself serves primarily the University of Iowa student population which is: 28,910; Faculty and Staff: 17,695; 970/0 of University of Iowa Students and 780/0 of University of Iowa faculty and staff read The Daily Iowan. The Nile Valley will leverage personal relationships to get articles in the Daily Iowan and Iowa City Press Citizen. The Nile Valley will gain considerable recognition through the local newspapers, and public announcements. .:. Our periodic customer surveys and weekly menu item sales evaluations will help the Nile Valley to understand what advertising is working and what is not. The Nile Valley's goat is to understand their customer, measure the success of their direct marketing and media activities, and redirect advertising as effectively as possible. .:. According to a research by Iowa State University, Office of Social and Economic Trend Analysis Retail Trade Profile for Iowa City, the sales of food and drinks in 2003 was 99.31 million and the number of establishments was 143 this makes the average sales per business per year is around $700,000. cop of study is attatched. .:. The Nile Valley will always target new residents through a direct marketing plan called Moving Targets. .:. The Nile Valley will do catering for special events, which will give the Nile Valley a higher visibility for further function and community events. .:. Lastly, the Nile Valley will issue a series of press releases on the grand opening party, which will include: . Live Entertainment. . An experience of an exotic Mediterranean atmosphere. . Belly dancer and DJ. . A Family style of food serving. . An exquisite service. Marketing Objectives .:. Maintain positive, steady, growth each month. .:. Generate at least $27,000 in sales per month for the first six months. .:. Experience an increase in new customers who are turned into long-term customers. .:. Realize a growth strategy of the first year. Target Marketing The market can be segmented into three target populations: .:. Individuals: People that dine in by themselves. .:. Families: A group of people, either friends or a group of nuclear relatives, dining together. .:. Take out: People that prefer to eat in their home or at a different location than the actual restaurant. Combining several key demographic factors, Nile Valley arrives at a profile of the primary customer as follows: . Students and faculty members. . Sophisticated families who live nearby. . Young professionals who work close to the location. . The Destination Customer. . Downtown Couples. . Shoppers who patronize the high rent stores. . Tourists. Positioning Nile Valley Middle Eastern restaurant will position itself as a reasonably priced, upscale, gourmet Mediterranean restaurant. Iowa City consumers who appreciate high- quality food will recognize the value and unique offerings of Nile Valley and experience an exotic Mediterranean atmosphere. Patrons will be single as well as families, ages 25-50. Keys to Success Location, Location, Location. Nile Valley's site selection criteria are critical to success. .:. Location: 335 S. Gilbert St, Iowa City, IA 52240 Downtown Iowa City, near major parking ramp, a Pedestrian Mall, two blocks from Public Library, residential and business area .:. Design: bright, hip, and clean with a ravishing Mediterranean atmosphere. .:. Size: 2,500 square feet. .:. Employees: 3 full-time 6 part-time .:. Seating: 50-60. .:. Types of transactions: 600/0 dine in, 400/0 take out. .:. Monthly Expense Budget Three month budget and budget will be modified Marketing Expense Budget Sep Oct Nov Direct mail $600 $600 $600 Banner ads $100 $100 $100 Graphic+ Logo $325 $0 $0 Web Development $215 $15 $15 Restaurant Sign $2500 $0 $0 Door Hangers $500 $0 $0 Invitation $100 $0 $0 Belly Dancer $250 $100 $100 Advertising $0 $185 $185 Total Sales and $4590 $1000 $1000 Marketing Expenses ~ ? Nile Valley Restaurant Iowa City, IA; Worst Scenario Forecasted Financial Statements Submitted by IIham Mohamed 812712007 FORCASTED FINANCIAL STATEMENTS FORECASTED STATEMENT OF INCOME Mth1 Mth2 Mth 3 Mth4 Mth5 Mth6 Mth7 Mth S Mth9 Mth 10 Mth 11 Mth 12 Totals Summary Sep-07 Oct.07 Nov-07 Dee.07 Jan.OS Feb-OS Mar-OS ADr-OS Mav-OS Jun-OS Jut.OS Aug.OS Percent Net Sales 18060 18060 18060 18060 18060 18060 18060 18060 18060 18060 18060 18060 216720 100.00% Cost of Goods Sold 6140 6140 6140 6140 6140 6140 6140 6140 6140 6140 6140 6140 73685 34.00% GROSS PROFIT 11920 11920 11920 11920 11920 11920 11920 11920 11920 11920 11920 11920 143035 66.00% Operating Expenses 12736 12538 12538 12538 12538 12538 12538 12538 12536 12538 12538 12536 150660 69.52% OPERATING INCOME (LOSS) -819 -619 -619 -619 .619 .619 -619 -619 -619 -619 -619 -619 .7625 -352% Financial Expense, Interest 374 370 370 372 374 376 378 380 382 384 386 389 4535 2.09% INCOME (LOSS) BEFORE -1192 -989 -989 -991 -993 -995 -997 .999 -1001 -1003 -1005 .1007 -12160 -5.61% INCOME TAXES Federal and state income taxes 0 0 0 0 0 0 0 0 0 0 0 0 0 0.00% tNET INCOME (LOSS -1192 -989 -989 -991 -993 -995 -997 -999 -1001 -1003 -1005 -1007 -12160 -5.61% page 1- FORECASTED STATEMENT OF RETAINED EARNINGS Mth 1 Mth2 Mth 3 Mth4 Mth 5 Mth6 Mth7 Mth S Mth9 Mth 10 Mth 11 Mth 12 Totals Sep-07 Oct-07 Nov-07 Oee-07 Jan-OS Feb-OS Mar-OS Aor-OS Mav-OS Jun-OS Jul-OS AUQ-OS Balance, beginning 0 -1192 -2181 -3170 -4161 -5153 -6148 .7145 -8144 -9144 -10147 .11153 0 Dividend Payments 0 0 0 0 0 0 0 0 0 0 0 0 0 Add nelincome (loss) -1192 -989 -989 -991 -993 -995 -997 -999 -1001 -1003 -1005 -1007 .12160 IBALANCE ENDING -1192 -2181 -3170 -4161 .5153 -6148 -7145 -8144 -9144 -10147 -11153 -12160 -12160 Nile Valley Restaurant his Year 8/2712007 FORCASTED FINANCIAL STATEMENTS Year-end 2008 --Mth 12 Aua.08 11 -Mth Jul-08 ..Mth 10 Jun-OS ..Mth9 May-08 ..Mth8 Apr-08 .-Mth 7 Mar-08 ..Mth6 Feb.08 ..Mth 5 Jan.OS .-Mth4 Dee.07 .-Mth 3 Noy.07 FORECASTED BALANCE SHEET Percent ..Mth2 Oct-07 .-Mlh Sep.07 -MthO 01-Sep 0.40% 0.00% 4.03% 0.00% 2.42% 500 o 5000 o 3000 500 o 5000 o 3,000 500 o 5000 o 3,000 500 o 5000 o 3,000 500 o 5000 o 3,000 500 o 5000 o 3.000 500 o 5000 o 3,000 500 o 5000 o 3,000 500 o 5000 o 3,000 500 o 5000 o 3,000 500 o 5000 o 3,000 500 o 5000 o 3,000 877 o 5000 o 3,000 2000 o 5000 o 3000 CURRENT ASSETS Cash Trade Receivables, net Inventory Work-in-Process Preopening Expenses and Deposi 6.85% 8500 8500 8500 8500 8500 8500 8500 8500 8500 8500 8500 8500 8877 10000 ITOT AL CURRENT ASSETS 72.58% 0.00% 28.23% 0.00% 90000 o 35000 o 90000 o 35000 o 90000 o 35000 o 90000 o 35000 o 90000 o 35000 o 90000 o 35000 o 90000 o 35000 o 90000 o 35000 o 90000 o 35000 o 90000 o 35000 o 90000 o 35000 o 90000 o 35000 o 90000 o 35000 o 90000 o 35000 LEASEHOLD IMPROVEMENTS, EQUIPMENT, LAND, BUILDINGS. at cost Buildings and Improvements Land Furniture, Vehicles Fixtures & Equipt 100.81% 7.66% 125000 9500 125000 9500 125000 8708 125000 7917 25000 7125 125000 6333 25000 5542 125000 4750 25000 3958 125000 3167 125000 2375 125000 1583 25000 792 12500~1 Total before Depre. Less Accum. Depre. 93.15% 15500 115500 16292 117083 17875 18667 19458 120250 121042 121833 122625 123417 124208 125000 PLANT, EQUIPT. & LAND TOTAL OTHER ASSETS page 0.00% 100.00% Year o 124000 124000 o 124792 125583 126375 127167 127958 126750 129542 130333 131125 131917 133086 o 135000 Goodwil fTOTAL ASSETS Nile Valley Restaurant 4.xls 8/27/2007 Year-end 2008 Percent 10061 8.11% 9443 7.62% 0 0.00% 0 0.00% 0 0.00% 19504 15.73% 66099 53.31% 9443 762% 56656 45.69% 76160 61.42% 60000 48.39% .12160 .9.81% 47840 38.58% 124000 10~ - Year 1- page FORCASTED FINANCIAL STATEMENTS ..Mth 12 Aug-08 ..Mth 11 Jul-08 --Mth 10 Jun-08 --Mth9 May-08 --Mth8 Apr-08 --Mth 7 Mar-08 ..Mth6 Feb-08 -Mth5 Jan-08 --Mth4 Dee.07 .-Mth3 Nov-O? --Mth 2 Oct.07 --Mth 1 Sep-07 FORECASTED BALANCE SHEET cant. ..Mth 0 01-Sep 10061 9443 o o o 9083 9397 o o o 8112 9350 o o o 7146 9304 o o o 6186 9259 o o o 5231 9213 o o o 4283 9168 o o o 3340 9123 o o o 2403 9078 o o o 1471 9033 o o o 545 8989 o o o o 8945 o o o o o o o o LIABILITIES Short- T arm Notes Plus Cur. Port of L T Debt Accounts Payable Accrued Expenses Income Taxes Payable 19504 18480 17462 16450 15444 4445 3451 2463 1481 0505 9534 8945 CURRENT LIABILITIES 66099 9443 66861 9397 67619 9350 68374 9304 69124 9259 69872 9213 70615 9168 71355 9123 72091 9078 72824 9033 73553 8989 74278 8945 75000 o Long Term Liabilities Less Cur. Port. of L T Debt 56656 57464 58269 59069 59866 60658 61447 62232 63013 63790 64564 65333 75000 LONG-TERM DEBT 76160 75944 75731 75519 75310 75103 74898 74695 74494 74295 74098 74278 75000 [TOTAL LIABILITIES STOCKHOLDER'S EQUITY 60000 -12160 60000 -11153 60000 -10147 60000 -9144 60000 -8144 60000 -7145 60000 -6148 60000 -5153 60000 .4161 60000 -3170 60000 -2181 60000 -1192 60000 o Common Stock Retained Earnings 47640 124000 48847 124792 49853 25583 50856 26375 51856 127167 52855 27958 53852 28750 54847 29542 55839 30333 56830 131125 57819 131917 58808 133086 60000 135000 TOTAL EQUITY [TOTAL L1AB. AND SH EQUITY Nile Valley Restaurant 4.xls 8/27/2007 Year-end 2008 Percent 2,160) 457.17% 9,500 -357.17% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% (2660 100.00% 10,061 867.47% (8,901) -767.47% 0.00% 0.00% 1'60 100.00% (1.500) -300.00% 2,000 400.00% 500 1oo~ - Year ,- page 4 FOR CASTED FINANCIAL STATEMENTS Mth 12 Aug.08 Mth 11 Jul.08 Mth 10 Jun-OS Mth9 May-08 Mth 8 Apr-08 Mth7 Mar-08 Mth6 Feb.08 Mth 5 Jan-08 Mth4 Dee-07 Mth 3 Nov.07 POSITION FORECASTED STATEMENT OF CHANGES IN FINANCIAL Mth 2 Oct-07 Mth 1 Sap.07 ,007 792 (1 ,005) 792 (1 (1,003 792 ,001 792 (1 (999) 792 (997) 792 (995 792 (993 792 (991 792 (989) 792 (989) 792 92 792 (1 FINANCIAL RESOURCES FROM OPERATIONS Net Income (loss) Items which did not require ounay of cash: Depreciation Amortization (Increase) decrease in Trade Receivables (net) Increase) decrease in Inventory Increase) decrease in Work-In-Process Increase) decrease in Prepaid Expenses ncrease (decrease) in Aces. Payable ncrease (decrease) In Accr. Expenses ncrease (decrease) in Income Taxes Payable jf16 (213 21 209 207 205 203 (201 (199 197 197 401 CASH PROVIDED BY (USED IN) OPERATIONS INVESTING FINANCIAL RESOURCES FROM Sale (Purchase) of Buildings, mprovements, Land, Furniture. Veh. 978 (762) 972 (758) 966 (755 960 (751 954 (747) 949 (743 943 (740 937 (736) 932 (733) 926 (729) 545 (725) CASH USEDlRECEIVEDlFROM INVESTMENT FINANCIAL RESOURCES FROM FINANCING Increase (decrease) in Short-Tenn Notes Increase (decrease) in Long-Tenn Debt Increase (decrease) in Cont by Owner Dividend Payments (722) 216 o 500 500 213 (0 500 500 o 500 500 209 (0 500 500 207 500 500 205 o 500 500 203 500 500 201 500 500 199 500 500 197 500 500 (180 (377 877 500 (722 (1.123 2,000 877 CASH PROVIDED (USED) BY FINANCING CASH. ENDING Nile Valley Restaurant 4.xls Cash Inflow (Outflow) Cash. Beginning 8/27/2007 FORCASTED FINANCIAL STATEMENTS FORECASTED SCHEDULE OF OPERATING EXPENSES Percent 22.15% 27.15% 2.17% 3.32% 1.11% 4.15% 0.55% 0.40% 0.11% 0.46% 3.32% 0.09% 0.14% 4.38% Totals 48000 58848 4708 7200 2400 9000 1200 884 240 1000 7200 200 300 9500 Mth12 Aug.o8 4,000 4,904 392 600 200 750 100 72 20 83 600 25 792 Mth 11 Jul-08 4,000 4.904 392 600 200 750 100 72 20 83 600 792 25 Mth 10 Jun.o8 4,000 4,904 392 600 200 750 100 72 20 83 600 792 25 Mth9 May-08 4,000 4.904 392 600 200 750 100 72 20 83 600 792 25 Mth 8 Apr-08 4,000 4,904 392 600 200 750 100 72 20 83 600 792 25 Mth 7 Mar-OB 4,000 4.904 392 600 200 750 100 72 20 83 600 792 25 Mth6 Feb-08 4,000 4,904 392 600 200 750 100 72 20 83 600 25 792 Mth5 Jan-08 4,000 4,904 392 600 200 750 100 72 20 83 600 25 792 Mth4 Dee-07 4,000 4.904 392 600 200 750 100 72 20 83 600 25 792 Mth 3 Nov-07 4.000 4,904 392 600 200 750 100 72 20 83 600 25 792 Mth2 Del-07 4,000 4,904 392 600 200 750 100 72 20 83 600 792 25 Mthl Sep-07 4,000 4,904 392 600 200 750 100 72 20 83 600 200 25 792 Payral Payro" ,Advertis;nq Insuranre Supplie:-, T elephocE Trasr" Ma!ntH;a Depreciation Amortization and Licenses l.eqal and Utilities Permi Repai Accounts page 5 Year 150660 12538 12538 12538 12538 12538 2538 12538 12538 2538 12538 12538 12738 TOTAL OPERATING EXPENSES Nile Valley Restaurant 4.xl 8/27/2007 page FORCASTED FINANCIAL STATEMENTS IFORECASTED SCHEDULE OF COST OF GOODS SOLD I Mth 1 Mth2 Mth3 Mth4 Mth5 Mth6 Mth 7 MthS Mth9 Mth 10 Mth11 Mth12 Totals Accounts Seo-07 Oct-07 Nav-07 Dee-07 Jan-OS Feb-oS Mar-OS Aor-oS Mav-OS Jun-OS Ju~OS Auo-oS Percent Cost of Goods Sold 6,140 6.140 6,140 6,140 6.140 6.140 6,140 6,140 6,140 6,140 6,140 6,140 73.685 34.00% TOTAL COST OF GOODS SOLD 6140 6140 6140 6140 6140 6140 6140 6140 6140 6140 6140 6140 73685 34.000/, Nile Valley Restaurant 4.xls Year FORECASTED SCHEDULE OF COST OF GOODS SOLD 812712007 FORCASTED FINANCIAL STATEMENTS DEPRECIATION SCHEDULE T olaIs 6.000 Mth12 Aug-08 500 Mth11 Jul-08 500 Mth 10 Jun-08 500 Mth9 May-08 500 MthS Apr-OS 500 Mth 7 Mar-08 500 Mth6 Fob-OB 500 Mth5 Jan-OB 500 Mth4 Dec-O? 500 Mth3 Nov-O? 500 Mth2 Oct-O? 500 500 Mth 1 Sep-O? Method *see below Cumulative Cost 90,000 90,000 90,000 90,000 90,000 90,000 90.000 90,000 90,000 90,000 90,000 90,000 90,000 Cost " I Life Buildings and Improvements Beginning Additions September Additions October Additions November Additions December Additions January Additions February Additions March Additions April Additions May Additions June Additions July Additions August 6,000 3,500 500 292 500 292 500 292 500 292 SOD 292 SOD 292 500 292 500 292 500 292 500 292 500 292 500 292 90,000 I Total Fumnure, Fixtures & Equipt. Beginning Additions September Additions October Additions November Additions December Additions January Additions February Additions March Additions April Additions May Additions June Additions July Additions August page 3500 Vear 292 292 292 292 292 292 292 292 292 292 292 292 35000 age on next reciation schedulecont Nile Valley Restaurant 4.xls de Total 8/27/2007 FOR CASTED FINANCIAL 8T A TEMENT8 DEPRECIATION SCHEDULE Totals Mth 12 Aug-08 Mth 11 JuI-08 Mth 10 Jun-08 Mth9 Mav-08 Mth8 Apr-08 Mth7 Mar-08 Mth6 Feb-08 Mth5 Jan-08 Mth4 Dee-07 Mlh3 Nov-07 M1h2 Oct-07 Mthl Sep-07 Method Cumulative Cost Cost Life Vehicles Beginning Additions September Additions October Additions November Additions December Additions January Additions February Additions March Additions April Additions May Additions June Additions July Additions August 9,500 792 8,708 792 7,917 792 7,125 792 6,333 792 5,542 792 4,750 792 3,958 792 3.167 792 2,375 792 1.583 792 792 792 792 Total depreciation expense Plus beginning accumulated depreciation Less eliminations Total page 9,500 Vea 500 8.708 7,917 7.125 6.333 5,542 4,750 3.958 3,167 2,375 583 ENDING ACCUMULATED DEPRECIATION Nile Valley Restauranl4.xls 8/27/2007 FORCASTED FINANCIAL STATEMENTS Mlh 1 Mth 2 Mth3 Mlh4 Mth5 Mlh 6 Mlh7 MthS Mlh9 Mth 10 Mth 11 Mlh 12 Accounts Seo-07 Oct-07 Nov-07 Dee-07 Jan-08 Feb-08 Mar-08 ADr-OS Mav-OS Jun-OS Jul-OS Aua-OS T etals Sales 18,060 18,060 1S.060 18,060 18,060 18,060 18,060 18,060 18,060 18,060 18,060 18,060 216,720 TOTAL SALES 18060 18060 18060 1S060 18060 18060 18060 18060 18060 18060 18060 18060 216720 , Receipts Cash (1.00%) 18,060 18,060 18.060 18,060 18,060 18,060 18,060 18,060 18,060 18,060 18,060 18,060 216.720 , Receipts 30 Days (0.00%) , Receipts 60 Days (0.00%) ; Receipts 90 Days (0.00%) Receipts from Previous Year CASH RECEIPTS FROM SALES 18060 18060 18060 18060 18060 1S060 18060 18060 18060 18060 18060 18060 216720 TRADE RECEIVABLES 0 0 0 0 0 0 0 0 0 0 0 0 0 TRADE RECEIVABLES ANALYSIS page 9 Year Percent CO oO'! 0.00'. 0.000, D,OOW. Nile Valley Restaurant 4.xls 8f27flOO7 ILOAHII4 I 10 9.50% o 38 o AMORTIZATION SCHEDULE To"" Inltlres! Rate Beq Balance Start Month Payment I LOAN #3 I 10 9.50% o 26 o FORCASTED FINANCIAL STATEMENTS AMORTIZATION SCHEDULE Term Interest Rate BElQ Balance Start Month Payment I LOAN #2 I 7 4.00% 25000 I 342 AMORTIZATION SCHEDULE To"" InlerestRale Baq Balance Start Month Payment AMORTIZATION SCHEDULE I LOAN #1 T,,,,, 7.00 Interest Rate 6.97% BeQ Balance 5??oo Start Month 1 Payment 754 DATE # PAYMENT INT. PRIN BALANCE Sep-07 0 0 0 0 0 Sep..Q7 1 0 0 0 0 Ocl-07 2 0 0 0 0 Nov-07 3 0 0 0 0 Dee.o7 4 0 0 0 0 Jan-08 5 0 C 0 0 F,b.Q8 6 0 0 0 0 Mar-OS 7 0 0 0 0 Apr-08 8 0 0, 0 0 May-08 9 0 0 0 0 Jun-08 10 0 0 0 0 Jul-08 I' 0 0 0 0 Auq.o8 12 0 0 0 0 Sep.Q8 13 0 0 0 0 Oct.Q8 14 0 0 0 0 Nov.o8 15 0 0 0 0 Dec-08 16 0 0 0 0 Jan-09 17 0 0 0 0 F,b.o9 18 0 0 0 0 Mar-OO 19 0 0 0 0 Apr-OO 20 0 0 0 0 May-OO 21 0 0 0 0 JUfl-OO 22 0 0 0 0 Jul-09 23 0 0 0 0 AUQ-09 24 0 0 0 0 Sep.Q8 25 0 0 0 0 Oel.o9 26 0 0 0 0 Nov-09 27 0 0 0 0 Dec-OO 28 0 0 0 0 Jan-10 29 0 0 0 0 Feb-10 30 0 0 0 0 Mar-10 31 0 0 0 0 Apr.l0 32 0 0 0 0 May-10 33 0 0 0 0 Jun-10 34 0 0 0 0 Jul-10 35 0 0 0 0 Auq.10 36 0 0 0 0 $ep-.10 37 0 0 0 0 Oel.l0 38 0 0 0 0 Nov-10 39 0 0 0 0 Dee.l0 40 0 0 0 0 10 page Yeal DATE # PAYMENT INT PRIN BALANCE Seo-07 0 0 0 0 0 Sep-07 I 0 0 0 0 Oct.o7 2 0 0 0 0 Nov.o7 3 0 0 0 0 Dee-07 4 0 0 0 0 Jan-08 5 0 0 0 0 F,b.o8 6 0 0 0 0 Mar-OS 7 0 0 0 0 Apr-08 8 0 0 0 0 May.o8 9 0 0 0 0 Jun-08 10 0 0 0 0 Jul.o8 11 0 0 0 0 Auq.o8 12 0 0 0 0 Seo-08 13 0 0 0 0 Oct-08 14 0 0 0 0 Nov.o8 15 0 0 0 0 Dee.o8 18 0 0 0 0 Jan-09 17 0 0 0 0 F,b.o9 18 0 0 0 0 Mar.Q9 19 0 0 0 0 Apr.Q9 20 0 0 0 0 May-OO 21 0 0 0 0 Jun-09 22 0 0 0 0 Jul-OO 23 0 0 0 0 AuQ-09 24 0 0 0 0 SeQ-09 25 0 0 0 0 Oct-OO 25 0 0 0 0 Nov-OO 27 0 0 0 0 Dec.o9 28 0 0 0 0 Jan.10 29 0 0 0 0 Feb-lO 30 0 0 0 0 Mar-10 31 0 0 0 0 Apr-10 32 0 0 0 0 May.l0 33 0 0 0 0 Jun-10 34 0 0 0 0 Jul-10 35 0 0 0 0 AUQ-10 36 0 0 0 0 86P-10 37 0 0 0 0 Oct.l0 38 0 0 0 0 Nov.10 39 0 0 0 0 Dec-10 40 0 0 0 0 DATE # PAYMENT INT. PRIN. BALANCE S,q.o7 0 0 0 0 25,000 Sep-07 1 342 83 258 24,742 Oct.o7 2 342 82 259 24,482 Nov-07 3 342 B2 260 24,222 Dee.o7 4 342 81 251 23.961 Jan-08 5 342 eo 262 23,699 Feb-08 6 342 79 263 23,437 Mar-De 7 342 78 264 23.173 Apr -08 8 342 77 264 22.909 May.Q8 9 342 76 265 22.643 Jun-08 10 342 75 266 22.377 Jul-08 11 342 75 257 22.110 Au0.Q8 12 342 74 258 21,642 S,p.Q8 13 342 73 269 21,573 Ocl-08 14 342 72 270 21.303 Nov-08 15 342 71 271 21,032 Oec-08 16 342 70 272 20.761 Jan-09 17 342 69 273 20.488 F,b-ll9 18 342 68 273 20,215 Mer-OO 19 342 67 274 19,941 Apr-09 20 342 66 275 19.665 May-OO 21 342 66 276 19,389 Jun-09 22 342 65 277 19.112 Jul-09 23 342 64 278 18,834 Auq.o9 24 342 63 279 18,555 S,p.09 25 342 62 280 18.275 Oct.o9 26 342 61 281 17.994 Nov-09 27 342 60 282 17,713 Dec-1l9 28 342 59 283 17,430 Jan-10 29 342 58 284 17,146 Feb-tO 30 342 57 285 16.862 Mar-1D 31 342 58 288 16.576 Apr-lO 32 342 55 288 16,290 Mav-10 33 342 54 287 16.002 Jun-lO 34 342 53 288 15.714 Jul.10 35 342 52 289 15,425 Auo.l0 36 342 51 290 15.134 Sep-tO 37 342 50 291 14.843 Oct-10 38 342 49 292 14,551 Nov-10 39 342 49 293 14,258 Qec.10 40 342 48 294 13963 DATE # PAYMENT INT PRIN BALANCE Seo-07 0 0 0 0 50000 5,p.07 , 754 290 463 49.537 Oct.o7 2 754 288 466 49.070 Nov-O? 3 754 285 458 48,601 Oec-07 4 754 282 472 48.130 Jan-08 5 754 280 474 47,656 F,b.o8 6 754 277 477 47.178 Mar-08 7 754 2H 480 46.699 Apr.Q8 8 754 271 483 46.216 Mav'()8 9 754 268 485 45.730 Jun-08 10 754 266 488 45.242 Jul-08 11 754 263 491 44.751 AUQ.o8 12 754 260 494 44.257 S,p.Q8 13 754 257 497 43.760 Oct'()8 14 754 254 500 43,260 Nov'()8 15 754 251 503 42,758 Dec-08 16 754 248 506 42,252 Jen-09 17 754 245 508 41,744 F,b-ll9 18 764 242 511 41.232 Mar.o9 19 754 239 514 40.718 Apr -09 20 764 237 517 40,201 Mav-OO 21 754 233 520 39,680 Jun-09 22 754 230 523 39.157 Ju1.()9 23 754 227 526 38,630 AUQ-09 24 754 224 530 38,101 Se0-09 25 764 221 533 37.568 Oct-OO 25 754 218 536 37,032 Nov-09 27 754 215 539 36.494 Dec-09 28 754 212 542 35,952 Jan-10 29 754 209 545 35,407 Feb-10 30 754 206 548 34.858 Mar-10 31 754 202 551 34.307 Apr-10 32 754 199 555 33.752 May.l0 33 754 196 558 33.194 Jun-10 34 754 193 661 32,633 Jul-lO 35 754 190 564 32,069 AUQ-10 36 754 186 568 31.501 Sep-lO 37 754 183 571 30,930 Oct.IO 38 764 180 574 30.356 Nov-10 39 754 176 578 29.779 tJec.l0 40 754 173 581 29196 .xIs Nile Valley Restauran 8127/2007 FORCASTED FINANCIAL STATEMENTS T alals 12 Mth Au Mth 11 Jul-OS Mth 10 Jun.()S Mth 7 Mar.()S Mth6 Feb-08 Mth 5 Jan-08 Mth4 Dee-07 Mth 3 Nov-07 Mth2 Oct-07 Mth 1 Sep-07 KEY MEASURES 00.00% 66.00% 34 00% -3.52% -5.61% 2.09% S 8.33% 66.00% 34.00% -3.43% 5.58% 2.15% 8.33% 66.00% 34.00% -3.43% -5.57% 2.14% 8.33% 66.00% 34.00% -3.43% -5.55% 2.13% 8.33% 66.00% 34.00% .3.43% -5.54% 2.12% 8.33% 66.00% 34.00% -3.43% -5.53% 2.10% 8.33% 66.00% 34.00% -3.43% .5.52% 2.09% 8.33% 66.00% 34.00% -3.43% 5.51% 2.08% 8.33% 66.00% 34.00% -3.43% -5.50% 2.07% 8.33% 66.00% 34.00% -3.43% -5.49% 2.06% 8.33% 66.00% 34.00% -3.43% -5.47% 2.05% 8.33% 66.00% 34.00% -3.43% 5.48% 2.05% 8.33% 66.00% 34.00% -4.53% -6.60% 2.07% Summary Analysis Measures: Revenues - % by month Gross Profit Margin Percent Cost of Goods Sold Percent Operating Profit Margin Net Profit Margin Interest Cost/Sales QJ.!! 0.44 -11004 -1.68 0.18 0.44 1004 -1.59 0.19 0.46 -9980 -1.60 0.20 0.49 -89~ 61 0.21 0.52 .7950 -1.62 0.23 0.55 -6944 -1.63 0.24 059 -5945 -1.64 0.26 0.63 -49~ 65 0.28 0.68 -3963 -1.65 0.30 0.74 -2981 -1.66 0.33 0.81 -2005 -1.67 0.37 0.89 -10~ 67 0.43 0.99 ~ -2.19 Liquidity Measures: Acid Ratio Current Ratio Working Capital EBITllnterest ~ 0.63 0.39 0.07 0.93 1.59 0.63 0.39 0.07 0.93 .55 0.64 0.39 0.07 0.93 1.52 0.66 0.40 0.07 0.93 ill 0.67 0.40 0.07 0.93 ill 0.69 0.41 0.07 0.93 ill 0.70 0.41 0.07 0.93 1.39 0.72 0.42 0.07 0.93 1.36 0.73 0.42 0.07 0.93 ~ 0.75 0.43 0.07 0.93 111 0.76 0.43 0.06 0.94 1.28 0.78 0.44 0.06 0.94 1.26 0.79 0.44 0.07 0.93 Asset and Debt Measures: Debt to EQUity Equity to Debt Net Worth to Total Assets Current Assets to Total Assets Fixed Assets to Total Assets ill 14.74 24.43 ~ 9.69 1.63 1.64 1.65 1.66 1.67 1.68 1.69 1.70 1.71 1.73 1.74 1.75 14.74 14.74 14.74 14.74 14.74 14.74 14.74 14.74 14.74 14.74 14.74 14.74 24.43 24.43 24.43 24.43 24.43 24.43 24.43 24.43 24.43 24.43 24.43 24.43 ..n __R~ u_ R.U ---- ---- --- - - - ---- ---- __d --- --- ---- n__ ---- ---- -- --- .--- ---- 24 24 24 24 24 24 24 24 24 24 24 24 -3203.29 -209.50 -108.10 -72.70 .54.69 -43.77 -36.46 -31.21 -27.26 -24.18 -21.72 -19.69 Operational Efficiency (annualized) Asset T umover Inventory Turnover No. Days Supply in Inv. Receivable Turnover No. of Days Sales in Avg. Ree. Length of Operating Cycle SalesIWor1<ing Capital 11 page .0.25 .0.10 0.57 0.04 20.97 602 Year '[ill -0.21 I -021 I -0.211~ -0.231 -0.231 -0.241 -0.241 -0.251~ -0.11 -0.09 -0.09 -0.09 -0.09 -0.09 -0.09 -0.09 -010 -0.10 -0.10 -0.10 0.61 0.61 0.61 0.60 0.60 0.59 0.59 0.59 0.58 0.58 0.58 0.57 0.57 0.57 0.57 0,56 0.56 0.55 0.55 0.55 0.54 0.54 0.54 0.53 1.63 1.64 1.65 1.66 1.67 1.68 1.69 1.70 1.71 1.73 1,74 1,75 623 602 623 602 602 669 602 623 602 623 602 602 Profitability Measures (annualized) Return on Equity Return on Total Assets Sales Efficiency Measures (annualized) Total Assets to Net Revenues Fixed Assets to Net Revenues Sales to Total Assets Revenues Per Day Nile Valley Restaurant 4.xls ) ~ Year Two Bl27/2007 FORCASTED FORECASTED FINANCiAl STATEMENTS FORECASTED STATEMENT OF INCOME ..Mth 13 ..Mlh 14 ..Mth 15 ..Mth 16 ..Mth 17 ..Mlh 18 ..Mth19 ..Mth 20 .-Mth 21 ..Mth 22 ..Mlh 23 ..Mth 24 Total. Sep-08 Oct-08 Nov.08 Dec.Q8 Jan.09 Feb.Q9 Mar.Q9 ADr.Q9 Mav.Q9 Jun.09 Jul.09 Aua-08 Percent Net Sales 20,000 20,000 20.000 20,000 20.000 20,000 20,000 20,000 20,000 20.000 20,000 20.000 240,000 100.00% Cost of Goods Sold 6,800 6,800 6,800 6,800 6,800 6,800 6,800 6,800 6,800 6.800 6,800 6,800 81,600 34.00% GROSS PROFIT 13,200 13,200 13.200 13,200 13.200 13,200 13.200 13.200 13,200 13.200 13,200 13,200 158,400 66.00% Operating Expenses 12,738 12,538 12,538 12,538 12,538 12,538 12,538 12,538 12,538 12.538 12,538 12,538 150.660 62.78% OPERATING INCOME (LOSS) 462 662 662 662 662 662 662 662 662 662 662 662 7,740 3.23% Financial Expense, Interest 391 368 322 318 315 311 307 303 299 295 291 287 3,807 1.59% INCOME (LOSS) BEFORE 71 294 339 343 347 351 355 359 363 367 371 375 3,933 1.64% INCOME TAXES Federal and state income taxes 0.00% INET INCOME ClOSS 71 294 339 343 347 351 355 359 363 367 371 375 3933 1.64% page 2- Yea FORECASTED STATEMENT OF RETAINED EARNINGS ..Mlh 13 ..Mlh 14 ..Mlh 15 ..Mlh 16 ..Mlh 17 ..Mlh 1B ..Mth 19 ..Mth 20 ..Mth 21 ..Mth 22 ..Mth 23 -Mth 24 T ol8l. Seo.OB Oct-08 Nov.OB Dee.OB Jan.Q9 Feb-Q9 Mar.Q9 Anr.09 Mav.Q9 Jun.Q9 Jul.Q9 AUQ.Q9 Balance, beginning (12,160) (12,089) (11,795) (11,456) (11,113) (10,766) (10,415) (10,060) (9.701) {9,3381 (8,972) (8,601) (12,160) Dividend Payments Add net income (loss) 71 294 339 343 347 351 355 359 363 367 371 375 3,933 IBALANCE ENDING 112089 (11795 11456 11113 110766 10415 (10060 19701 9338 8972 (8601 (8 2271 82271 Nile Valley Restaurant 4.xls 8/27/2007 As 01 31.Aua Percent 4.229 3.67% 0.00% 5.000 4.34% 0.00% 0.00% 9229 8.01% 90,000 78.11% 0.00% 35,000 30.37% 0.00% 125.000 108.48% 19,000 16.49% 106 000 91.99% 0.00% JE.229 100.00% Year 2 - page FORECASTED FINANCIAL STATEMENTS .-Mth 24 Aua.Q9 ..Mth 23 Jul-09 ..Mth 22 Jun.Q9 ..Mth 21 Mav-09 ..Mth 20 Apr.Q9 ..Mth 19 Mar-09 ..Mth18 Feb.Q9 ..Mth 17 Jan.09 ..Mth 16 Dee.08 ..Mth 15 Nov-08 ..Mth 14 Oct.08 ..Mth 13 Sep.08 BEGIN 01.Sap FORECASTED BALANCE SHEET 4,229 3.87 3,514 3,156 2,798 2.440 2,083 1,725 367 1,009 652 500 CURRENT ASSETS Cash Trade Receivables, Inventory Work in PI Prepaid E 5,000 5,000 5,000 5,000 5,000 5,000 5.000 5.000 5,000 5,000 5,000 5,000 ne 'ocess xpenses 9,229 8.87 8,514 8,156 7,798 440 7.083 6,725 6,367 6,009 5,652 5,500 8,500 TOTAL CURRENT ASSETS 90.000 90,000 90.000 90,000 90,000 90,000 90.000 90.000 90,000 90,000 35.000 90,000 35,000 90.000 35,000 90,000 LEASEHOLD IMPROVEMENTS. EQUIPMENT, LAND, BUILDINGS. at cost and Improvements Buildings Land Fumiture, Vehicles 35,000 35,000 35,000 35,000 35,000 35,000 35,000 35,000 35,000 35.000 Fixtures & EQuipt 25.000 19,000 125,000 18.208 25.000 17,417 125.000 16,625 125,000 15,833 25.000 15,042 25.000 14,250 125,000 13,458 125,000 12,667 125,000 11.875 25.000 11.083 125,000 10,292 25,000 I Total before Depre. Less Accum. Depre. 106,000 06,792 107,583 108.375 109.167 109,958 0,750 542 12.333 3,125 13.917 114,708 5,500 TOTAL PLANT, EQUIPT & LANa amort. cas OTHER ASSETS Intangibles. at 5.229 663 15 16,097 116,53 16,965 117,399 7,833 8,267 118,700 34 19 568 19 20.208 124.000 [TOTAl. ASSETS balance sheet continued on next page Nile Valley Restaurant 4.xls 812712007 FORECASTED FINANCIAL STATEMENTS page Vea FORECASTED BALANCE SHEET cont. BEGIN ..Mth 13 ..Mth 14 ..Mth 15 ..Mth 16 ..Mth 17 ..Mth 18 ..Mth 19 ..Mlh 20 ..Mth21 --Mth 22 ..Mth 23 -Mth 24 As 01 01.SeD SeD.08 Oct.08 Nov.o8 Dec.o8 Jan.09 Feb.09 Mar-09 Aor.o9 Mav-09 Jun.o9 Jul.09 Aua.09 31.Aua Percent LIABILITIES Short- T enn Notes :' 6,%4 0.00% Plus Cur. Port. of L T Debt 9,443 9,490 9,537 9.584 9,631 9.679 9,727 9,775 9,824 9,872 9.921 9,971 10.020 10,020 8.70% Accounts Payable 6,800 6,800 6,800 6,800 6,800 6.800 6,800 6,800 6,800 6,800 6,800 6,800 5.90% Accrued Expenses 0.00% Income Taxes Payable 0.00% CURRENT LIABILITIES 19.504 16,454 16.337 16,384 16,431 16,479 16,527 16,575 16,624 16,672 16,721 16,771 16.820 16,820 14.60% Long Tenn Liabilities 66,099 65,333 64,564 63,790 63,013 62,232 61,447 60.658 59,866 59,069 58.269 57.464 56 .656 56,656 49.17% Less Cur. Port. 01 L T Debt 9,443 9,490 9,537 9,584 9,631 9,679 9,727 9,775 9,824 9,872 9,921 9.971 10,020 10,020 8.70% LONG- TERM DEBT 56.656 55,843 55,027 54.206 53,382 52.553 51,720 50,883 50,042 49.197 48,347 47,494 46,636 46,636 40.47% rTOT AL LIABILITIES 76160 72 297 71364 70 590 69813 69 032 68 247 67 458 66 666 65 869 65 069 64 264 63 456 63 456 55.07% STOCKHOLDER'S EQUITY Common Stoel< . '..'..'~.. 60.000 60,000 60,000 60,000 60,000 60,000 60,000 60,000 60,000 60,000 60.000 60,000 60.000 52.07% Retained Earnings (12.089) (11,795) (11,456) (11,113) (10,766) (10,415) (10,060) (9,701) (9,338) (8,972) (8.601) (8,227) (8,227) .7.14% TOTAL EQUITY 47 840 47911 48 205 48 544 48 887 49 234 49 585 49 940 50 299 50.662 51028 51399 51773 51,773 44.93"10 TOTAL LIAB. AND SH EQUITY 124000 120 208 119568 119134 118700 118267 117833 117399 116965 116531 116097 115663 115229 115229 100.00% Nile Valley Restauran! 4.xls 8/27/2007 As 01 31-Aua Percent 3,933 16.93% 9,500 40.89% 0.00% 0.00% 0.00% 0.00% 3.000 12.91% 6.800 29.27% 0.00% 0.000/0 23 233 100.00% -- - (10,061) 51.58% (9,443) 48.42% 0.00% 0.00% 9504 100.00% 3,729 88.18% 500 11.82% 4.229 100.00%1 Year 2. page 4 ..Mth 24 AUQ-09 ..Mth 23 Jul.09 -Mth 22 Jun-09 -Mth 21 Mav.09 FORCASTED FINANCIAL STATEMENTS FORECASTED STATEMENT OF CHANGES IN FINANCIAL POSITION .-Mth 20 Aor.09 -Mth 19 Mar-09 ..Mth 18 Feb-09 ..Mth17 Jan-09 .-Mth 16 Dec'()8 ..Mth 15 Nav'()8 .-Mth 14 Oct.08 .-Mth 13 Sep.()8 375 792 371 792 367 792 363 792 359 792 355 792 351 792 347 792 343 792 339 792 294 6.800 792 71 792 3,000 FINANCIAL RESOURCES FROM OPERATIONS Net Income (loss) Items which did not require outlay of cash: Depreciation Amortization (Increase) decrease in Trade Receivables (net) (Increase) decrease in Inventory (Increase) decrease in Work-in-Process (Increase) decrease in Prepaid Expenses Increase (decrease) in Aces. Payable Increase (decrease) in Accr. Expenses Increase (decrease) in Income Taxes Payable 166 162 58 154 150 146 43 139 135 7.885 3,863 CASH PROVIDED BY (USED IN) OPERATION FINANCIAL RESOURCES FROM INVESTING Sale (Purchase) of Bu.dings, Improvements. Land, Furniture, Veh. (6,964 (770 (3,097 (766 CASH USED (RECEIVED\FROM INVESTME FINANCIAL RESOURCES FROM FINANCING Increase (decrease) in Short-Term Notes Increase (decrease) in Long-Term Debt Increase (decrease) in Cant by Owner Dividend Payments (808 (804) (801 797 (793 789 785 (781 (777 (773 808 4,229 358 3,871 804 358 3.514 3,87 801 358 3,156 3,514 797 358 2,798 3.156 793 358 2,440 2.798 (789 358 2.083 2.440 1785 358 1,725 2.083 781 358 1,367 1.725 777 358 1,009 1.367 73 009 358 652 733 152 500 652 3.863 500 500 CASH PROVIDED (USED) BY FINANCING Cash Inflow (Outflow) Cash, Beginning ENDING Nile Valley Restaurant 4.xls CASH 812712007 page 5 Year 2 FORCASTED FINANCIAL 8T A TEMENT8 Mth 13 Mth14 Mth 15 Mth 16 Mth17 Mth 18 MIll 19 MIll 20 Mth 21 Mth22 Mth 23 Mth 24 T otats Accounts Soo-08 Oct-08 Noy.08 Dec.08 Jan-09 Feb-09 Mar-09 Aor.09 Mav-09 Jun-09 Jul.09 Aua'09 Percent '-:".F;i~l 4.000 4,000 4,000 4.000 4.000 4.000 4,000 4,000 4.000 4,000 4,000 4,000 48.000 20.00% 4,904 4,904 4,904 4,904 4,904 4,904 4,904 4,904 4,904 4,904 4,904 4.904 58.848 24.52"10 ;;ayrol: 392 392 392 392 392 392 392 392 392 392 392 392 4,708 1.96% t\dv8ltslnq 600 600 600 600 600 600 600 600 600 600 600 600 7.200 3.00% 200 200 200 200 200 200 200 200 200 200 200 200 2,400 1.00% ')uopiies 750 750 750 750 750 750 750 750 750 750 750 750 9,000 3.75% 100 100 100 100 100 100 100 100 100 100 100 100 1,200 0.50% 72 72 72 72 72 72 72 72 72 72 72 72 864 0.36% 20 20 20 20 20 20 20 20 20 20 20 20 240 0.10% 83 83 83 83 83 83 83 83 83 83 83 83 1.000 0.42"/, 600 600 600 600 600 600 600 600 600 600 600 600 7,200 3.00% FeilTIlts 200 200 0.06% Repairs and Maintenance 25 25 25 25 25 25 25 25 25 25 25 25 300 0.13% Depreciation 792 792 792 792 792 792 792 792 792 792 792 792 9.500 3.96% Amortization TOTAL OPERATING EXPENSES 12738 12538 12538 12538 12538 12538 12538 12538 12538 12538 12538 12538 150 660 100.00% Nile Valley Restaurant 4.xls FORECASTED SCHEDULE OF OPERATING EXPENSES ~ I. 8/2712007 page 6 Year 2 FORCASTED FINANCIAL STATEMENTS Mth 13 Mth 14 Mth 15 Mth 16 Mth17 Mth is Mth19 Mth 20 MtI1 21 Mth22 MtI1 23 Mth 24 Totals SeD.OS Oct.OS Nov-oS Oee-OS Jan-09 Feb-09 Mar.09 Aor-09 Mav.Q9 Jun.Q9 Jul-09 Auo-09 Percent Cost of Goods Sold 6,800 6,800 6,800 6.800 6,800 6.800 6,800 6,800 6,800 6,800 6,800 6,800 81,600 34.00% - OT AL COST OF GOODS SOLD 6800 6800 6800 6800 6800 6800 6800 6800 6800 6800 6800 6800 81800 100.00% Nile Valley Restaurant 4.xls FORECASTED SCHEDULE OF COST OF GOODS SOLD 8/27/2007 FORCASTED FINANCIAL STATEMENTS DEPRECIATION SCHEDULE Totals 6,000 Mth 24 Aug.09 500 Mth 23 Jul.Q9 500 Mth22 Jun.Q9 500 Mth 21 May.09 500 Mth 20 Apr.09 500 Mth 19 Mar.09 500 Mth 18 Feb-09 500 Mth17 Jan.09 500 Mth 16 Dee.08 500 Mth 15 Nov.08 500 Mth 14 Oct.08 500 Mth 13 Sep-08 500 Method Cumulative Cost 90,000 90.000 90,000 90,000 90,000 90,000 90,000 90,000 90.000 90.000 90,000 90,000 90,000 Cost 90,000 Life Buildings and Improvements Beginning Additions September Additions October Additions November Additions December Additions January Additions February Additions March Additions April Additions May Additions June Additions July Additions August 000 3,500 500 292 500 292 500 292 500 292 500 292 500 292 500 292 500 292 500 292 500 292 500 292 500 292 35,000 35,000 35,000 35.000 35,000 35,000 35.000 35,000 35,000 35,000 35,000 35.000 35,000 90,000 35,000 Total Furniture, Fixtures & Equipt. Beginning Additions September Additions October Additions November Additions December Additions January Additions February Additions March Additions April Additions May Additions June Additions July Additions Augus' I page Vear 2 3500 292 292 292 292 292 292 292 292 292 292 292 292 ~5000 on next oooe deoreciation schedule cont Total Nile Valley Restaurant 4.xls 8/27/2007 FORCASTED FINANCIAL STATEMENTS DEPRECIATION SCHEDULE Totals Mth 24 Aug.()9 Mth 23 Jul-09 Mth22 Jun.09 Mth 21 May.09 Mth20 Apr.09 Mth 19 Mar-09 Mth 1B Feb-09 Mth 17 Jan-09 Mth 16 Dee-DB Mth 15 Nov-08 Mth 14 Dct.08 Mth 13 Sep-08 Method Cumulative Cost Cost Life Vehicles Beginning Additions Septembel Additions October Additions November Additions December Additions January Additions February Additions March Additions April Additions May Additions June Additions July Additions August 9,500 9,500 792 18,208 792 17.417 792 6.625 792 5.833 792 5,042 792 14,250 792 13.458 792 12,667 792 11,875 792 11.083 792 10.292 792 9,500 Total page 8 Year Two 19.000 000 19 8,208 7.417 16.625 15,833 5.042 14.250 13.458 2,667 875 11 083 11 10,292 T alai depreciation expense Plus beginning accumulated depreciation Less eliminations EDING ACCUMULATED DEPRECIATION Nile Valley Restaurant 4.xls 8/27/2007 FORCASTED FINANCIAL STATEMENTS page Year TRADE RECEIVABLES ANALYSIS Mth 13 Mth 14 Mth 15 Mth 16 Mth 17 Mth lS Mth 19 Mth 20 Mth21 Mth 22 Mth 23 Mth 24 Seo-OS Oct.OS Nov.oS Dee.OS Jan.()9 Feb.()9 Mar.09 ADr.09 Mav.()9 Jun.()9 Jul-09 AUll.()9 Totals 20.000 20,000 20.000 20,000 20,000 20,000 20,000 20,000 20,000 20,000 20.000 20,000 240,000 TOTAL SALES 20 000 20 000 20 000 20 000 20 000 20000 20 000 20 000 20 000 20 000 20,000 20 000 240 000 Receipts Cash (1.00%) 20,000 20,000 20,000 20,000 20,000 20,000 20,000 20,000 20.000 20,000 20,000 20,000 240.000 Receipts 30 Days (0.00%) Receipts 60 Days (0.00%) Receipts 90 Days (0.00%) CASH RECEIPTS FROM SALES 20 000 20 000 20 000 20 000 20 000 20 000 20 000 20 000 20 000 20000 20000 20 000 240 000 TRADE RECEIVABLES Nile Valley Restaurant 4.xls Percent 10" 8/27/2007 Totals --Mth 23 Jul-09 -.Mth 22 Jun-09 FORCASTED FINANCIAL STATEMENTS -Mth 19 Mar-09 .-Mth 18 Feb-09 --Mth 17 Jan-09 --Mth 16 Dee-08 --Mth 15 Nov-08 -Mth 14 Oct-08 .-Mth 13 Sep-08 KEY MEASURES 00.00% 66.00% 34.00% 3.23% 1.64% 1.59% 8.33% 66.00% 34.00% 3.31% 1.87% .44% 8.33% 66.00% 34.00% 3.31% 1.85% 1A6% 8.33% 66.00% 34.00% 3.31% 1.83% 1A8% 8.33% 66.00% 34.00% 3.31% 1.81% 1.50% 8.33% 66.00% 34.00% 3.31% 1.79% .51% 8.33% 66.00% 34.00% 3.31% 1.77% .53% 8.33% 66.00% 34.00% 3.31% 1.75% .55% 8.33% 66.00% 34.00% 3.31% 1.74% .57% 8.33% 66.00% 34.00% 3.31% 1.72% 1.59% 8.33% 66.00% 34.00% 331% 1.70% .61% 8.33% 66.00% 34.00% 3.31% 1A7% .84% 8.33% 66.00% 34.00% 2.31% 0.36% 1.95% Summary Analysis Measures: Revenues - % by month Gross Profit Margin Cost of Goods Sold Operating Profit Margin Net Profit Margin Interest CosUSales 0.25 0.55 -7591 2.03 0.25 0.55 -7591 2.30 0.23 0.53 -7899 2.27 0.21 0.51 -8208 2.24 0.19 OA9 -8517 2.21 0.17 OA7 -8826 2.18 0.15 OA5 -9135 2.16 0.13 OA3 9444 2.13 0.10 OA1 -9754 2.10 0.08 0.39 0064 2.08 0.06 0.37 -10375 2.05 0.04 0.35 0685 1.80 0.03 0.33 0954 118 liquidity Measures: Acid Ratio Current Ratio Worki~g Capital EBITJlnterest 1.23 0.82 OA5 0.08 0.92 .23 0.82 OA5 0.08 0.92 1.25 0.80 0.44 0.08 0.92 .28 0.78 0.44 007 0.93 1.30 0.77 OA3 0.07 0.93 1.33 0.75 0.43 0.07 0.93 .35 0.74 OA3 0.06 0.94 1.38 0.73 OA2 0.06 0.94 AO 0.71 0.42 0.06 0.94 1.43 0.70 0.41 0.05 0.95 1A5 0.69 OA1 0.05 0.95 1.48 0.68 OAO 0.05 0.95 !.21 0.66 OAO 0.05 0.95 Asset and Debt Measures Debito Equity Equity to Debt Net Worth to Total Assets Current Assets to Total Assets Fixed Assets to Total Assets 208 16.32 22.06 ~ -31.62 2.00 201 2.01 2.02 2.03 2.04 2.04 2.05 2.06 2.07 207 208 16.32 16.32 16.32 16.32 16.32 16.32 16.32 16.32 16.32 16.32 16.32 16.32 22.06 22.06 2206 2206 22.06 22.06 22.06 22.06 22.06 22.06 22.06 22.06 -- --- --- - -- -- -- -- - - -- - --- - -.-- --- -- -- -- - - - - - 22 22 22 22 22 22 22 22 22 22 22 22 -21.91 -22.46 -23.13 -23.85 -24.60 -25A1 -26.27 -27.19 -28.18 -29.24 -30.38 -31.62 Operational Efficiency (annualized) Asset Turnover Inventory T umover No. Oays Supply in Inv. Receivable Turnover No. of Days Sales in Avg. Rec. Length of Operating Cycle Sales/Working Capital 10 0.08 0.03 0.48 0.04 24.99 667 Year 2 - page 0.02 0.09 0.01 0.04 0.50 0.50 0.50 0.49 OA9 OA91 0.49 OA9 OA9 0.48 0.48 OA8 OA8 0.47 OA7 0.47 OA6 OA61 OA6 0.45 OA5 OA5 0.44 0.44 2.00 2.01 2.01 2.02 2.03 2.041 2.04 205 2.06 2.07 2.07 208 690 667 690 667 667 741 667 690 667 690 667 667 Profitability Measures (annualized) Return on Equity Return on Total Assets Sales Efficiency Measures (annualized) Total Assets to Net Revenues Fixed Assets to Net Revenues Sales to Total Assets Revenues Per Day Nile Valley Restaurant 4.xls 'J ---' ~ ~ Nile Valley Restaurant Iowa City, IA; Expected Scenario Forecasted Financial Statements Submitted by IIham Mohamed 8/27/2007 FORCASTED FINANCIAL STATEMENTS FORECASTED STATEMENT OF INCOME Mth1 Mth2 Mth 3 Mth4 Mth 5 Mth6 Mth7 Mth S Mth9 Mth 10 Mth 11 Mth 12 Totals Summarv Sep-07 Oct-07 Nov-07 Dec.Q7 Jan-OS Feb-OS Mar-OS Aor-OS May.OS Juno08 Jul.QS AUQ-OS Percent Net Sales 27000 27000 27000 27000 27000 27000 36000 36000 36000 36000 36000 36000 378000 100.00% Cost of Goods Sold 9180 9180 9180 9180 9180 9180 12240 12240 12240 12240 12240 12240 128520 34 .00% GROSS PROFIT 17820 17820 17820 17820 17820 17820 23760 23760 23760 23760 23760 23760 249480 66.00% Operating Expenses 16741 16541 16541 16541 16541 16541 16541 16541 16541 16541 16541 16541 198692 52.56% OPERATING INCOME (LOSS) 1079 1279 1279 1279 1279 1279 7219 7219 7219 7219 7219 7219 50788 13.44% Financial Expense, Interest 374 370 367 363 359 356 352 348 345 341 337 334 4246 1.12% INCOME (LOSS) BEFORE 705 909 912 916 920 923 6867 6871 6874 6878 6882 6885 46542 12.31% INCOME TAXES Federal and state income taxes 127 164 164 165 166 166 1236 1237 1237 1238 1239 1239 8377 2.22% NET INCOME fLOSS 578 745 748 751 754 757 5631 5634 5637 5640 5643 5646 38164 10.10% page FORECASTED STATEMENT OF RETAINED EARNINGS Mth 1 Mth 2 Mth3 Mth4 Mth 5 Mth6 Mth7 Mth S Mth9 Mth 10 Mth11 Mth 12 Totals Sep-07 Oct.Q7 Novo07 Dee-07 Jan-OS Feb-OS Mar-08 Aor-OS May.QS Jun-OS Jul-OS AuaoOS Balance, beginning 0 578 1324 2072 2823 3577 4334 9965 15598 21235 26875 32518 0 Dividend Payments 0 0 0 0 0 0 0 0 0 0 0 0 0 Add net income (loss) 578 745 748 751 754 757 5631 5634 5637 5640 5643 5646 38164 BALANCE ENDING 578 1324 2072 2823 3577 4334 9965 15598 21235 26875 32518 38164 38164 1- Year Nile Valley Restaurant 3xls 8/2712007 Year-end 200S Percent 43241 25.93% 0 0.00% 5000 300% 0 0.00% 3000 1.80% 51241 30.73% 90000 5398% 0 0.00% 35000 20.99% 0 0.00% 125000 74.97% 9500 5.70% 115500 69.27% 0 0.00% 166741 100.00% Year 1 . page 2 FORCASTED FINANCIAL STATEMENTS -Mth 12 Au~S 11 -.Mth Jul-OS ..Mth10 Jun-OS ..Mth9 May-OS ..Mth S Apr-08 --Mth 7 Mar-OS ..Mth 6 Feb-OS -.Mth 5 Jan-OS ..Mth4 Dee-07 --Mth 3 Nov-07 ..Mth2 Oct-07 -Mth Sep-07 --MthO 01-Sap FORECASTED BALANCE SHEET 43241 o 5000 o 3,000 36326 o 5000 o 3,000 33123 o 5000 o 3,000 26208 o 5000 o 3.000 19293 o 5000 o 3,000 13946 o 5000 o 3,000 7031 o 5000 o 3,000 6056 o 5000 o 3,000 5573 o 5000 o 3,000 4598 o 5000 o 3.000 3623 o 5000 o 3,000 2775 o 5000 o 3.000 2000 o 5000 o 3000 CURRENT ASSETS Cash Trade Receivables, net Inventory Work~n.Process Preopening Expenses and Depos 51241 44326 41123 34208 27293 21946 15031 14056 3573 12598 1623 10775 10000 TOTAL CURRENT ASSETS 90000 o 35000 o 90000 o 35000 o 90000 o 35000 o 90000 o 35000 o 90000 o 35000 o 90000 o 35000 o 90000 o 35000 o 90000 o 35000 o 90000 o 35000 o 90000 o 35000 o 90000 o 35000 o 90000 o 35000 o 90000 o 35000 LEASEHOlD IMPROVEMENTS, EQUIPMENT, LAND, BUILDINGS. at cost Buildings and Improvements Land Furniture. Vehicles Fixtures & Equipt 125000 9500 5500 25000 8708 16292 25000 7917 17083 125000 7125 17875 125000 6333 18667 25000 5542 19458 125000 4750 120250 125000 3958 21042 25000 3167 121833 125000 2375 122625 25000 1583 23417 25000 792 124208 125000 25000 Total befOfe Depre. Less Accum. Depre. [IOTAL PLANT. EQUIPT. & LAND 166741 160618 58206 152083 145960 141404 135281 35097 135407 135223 135040 134983 135000 OTHER ASSETS Goodwil TOTAL ASSETS Nile Valley Restaurant his 812712007 Year-end 200B Percenl 0 0.00% 9443 5.66% 0 0.00% 0 0.00% 2478 1.49% 11921 715% 66099 39.64% 9443 5.66% 56656 33.98% 68577 41.13% 60000 35.98% 38164 22.89% 98164 58.87% 166741 100.00% Year 1- page 3 FORCASTED FINANCIAL STATEMENTS --Mth 12 Aug-OB --Mlh 11 Jul-OB --Mth 10 Jun-OB -Mth9 May-OS ..MlhB Apr-OB --Mth7 Mar-OB --Mth 6 Feb-OB ..Mth5 Jan-OB --Mth 4 Dee-07 ..Mth 3 Nov-07 --Mth 2 Oct-07 -Mth 1 Sep-O? FORECASTED BALANCE SHEET cont --Mth 0 01-Sep o 9443 o o 2478 o 9397 o o 239 o 9350 o o 3712 o 9304 o o 2474 o 9259 o o 1237 o 9213 o o 1568 o 9168 o o 332 o 9123 o o 166 o 9078 o o 493 o 9033 o o 328 o 8989 o o 164 o 8945 o o 127 o o o o o o LIABILITIES Short-Term Notes Plus Cur. Port. of L T Deb Accounls Payable Accrued Expenses Income Taxes Payable 921 10635 3062 1778 10495 0781 9500 9288 957 9361 9153 9072 CURRENT LIABILITIES 66099 9443 66861 9397 67619 9350 68374 9304 69124 9259 69872 9213 70615 9168 71355 9123 72091 9078 72824 9033 73553 8989 74278 8945 75000 o Long Term Liabilities Less Cur. Port. of L T Deb 56656 57464 58269 59069 59866 60658 61447 62232 63013 63790 64564 65333 75000 LONG-TERM DEBT 68577 68100 71331 70848 70361 71439 70947 71520 72584 73152 73716 74405 75000 TOTAL LIABILITIES STOCKHOlDER'S EQUITY 60000 38164 60000 32518 60000 26875 60000 21235 60000 15598 60000 9965 60000 4334 60000 3577 60000 2823 60000 2072 60000 1324 60000 578 60000 . 0 Common Stock Retained Earnings 98164 166741 92518 160618 86875 158206 81235 152083 75598 145960 69965 141404 64334 35281 63577 135097 62823 35407 62072 135223 61324 135040 60578 134983 60000 35000 !TOTAL EQUITY TOTAL LIAS. AND SH EQUITY Nile Valley Restaurant 3.xls 8127/2007 Year.end 200S Percent 38.164 76.11% 9,500 18.95% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 2.478 4.94% 50,142 100.00% 0.00% (8,901) 100.00% 0.00% 0.00% 8901 100.00% 41,241 95.37% 2,000 4.63% 43,241 100.00% Year 1- page 4 FORCASTED FINANCIAL STATEMENTS Mth 12 AUQ-08 Mth 11 Jul-OS Mth 10 Jun-OS Mth9 May-OS Mth S Apr-OB Mth7 Mar-OB Mth6 Feb.OB FORECASTED STATEMENT OF CHANGES IN FINANCIAL POSITION Mth 5 Jan-OS Mth4 Dee-O? Mth 3 Nov-O? Mth 2 Oct-OJ Mth 1 Sep-O? 5.646 792 5,643 792 5,640 792 5,637 792 5.634 792 5,631 792 757 792 754 792 75 792 748 792 745 792 578 792 FINANCIAL RESOURCES FROM OPERATIONS cash: Net Income (loss) Items which did not require outlay of Depreciation Amortization (Increase) decrease in Trade Receivables (net) (Increase) decrease in Inventory (Increase) decrease in Work-in-Process Increase) decrease in Prepaid Expenses ncrease (decrease) in Aces. Payable ncrease (decrease) in Accr. Expenses ncrease (decrease) in Income Taxes Payable 1.239 (2,473 1238 1.237 (331 1,236 166 (327) 165 164 37 127 7.677 3.961 7,670 7,666 6,094 7,659 715 219 708 704 574 497 CASH PROVIDED BY (USED IN) OPERATIONS INVESTING FINANCIAL RESOURCES FROM Sale (Purchase) of Buildings. mprovements, Land, Furniture. Veh. CASH USED (RECEIVED) FROM INVESTMENT FINANCIAL RESOURCES FROM FINANCING Increase (decrease) in Short-Term Notes Increase (decrease) in Long- Term Debt Increase (decrease) in Conl by Owner Dividend Payments (762 (758 (755 (75 (747 (743 (740 (736) (733 (729 (725 (722 1762 1758 1755 (75 747 743 740 736 733 29 1725 1722 USED) BY FINANCING CASH PROVIDED 6.915 36.326 43,241 3,203 33,123 36,326 6,915 26,208 33,123 6,915 9,293 26.208 5,347 13.946 293 19 6,915 7,031 13.946 975 6.056 7,031 482 5,573 6.056 975 4,598 5,573 975 3,623 4,598 848 2,775 3,623 775 2,000 2,775 Cash Inflow (Outflow) Cash, Beginning Nile Valley Restaurant 3.xls CASH. ENDING 8/2712007 FORCASTED FINANCIAL STATEMENTS FORECASTED SCHEDULE OF OPERATING EXPENSES Percent 2.70% 25.09% 2.21% 3.17% 0.79% 3.17% 0.32% 0.23% 0.06% 0.26% 1.90% 0.05% 0.08% 2.51% ToIals 48000 94848 8340 12000 3000 12000 1200 864 240 1000 7200 200 300 9500 Mth 12 Aua-OS 4,000 7,904 695 1,000 250 1,000 100 72 20 83 600 792 25 Mth 11 Jut.OS 4,000 7,904 695 1.000 250 1,000 100 72 20 83 600 792 25 Mth 10 Jun-OS 4.000 7,904 695 1.000 250 1,000 100 72 20 83 600 792 25 Mth9 May.OS 4,000 7,904 695 1.000 250 1,000 100 72 20 83 600 792 25 Mth S Apr-DS 4,000 7,904 695 1,000 250 1,000 100 72 20 83 600 792 25 Mth7 Mar.OS 4,000 7,904 695 1,000 250 1,000 100 72 20 83 600 792 25 Mth6 Fell-OS 4,000 7,904 695 1,000 250 1,000 100 72 20 83 600 792 25 Mth 5 Jan-DS 4.000 7,904 695 1,000 250 1,000 100 72 20 83 600 792 25 Mth4 Dee.07 4,000 7,904 695 1,000 250 1.000 100 72 20 83 600 792 25 Mth3 Nov-07 4,000 7,904 695 1,000 250 1,000 100 72 20 83 600 792 25 Mth 2 Oct.O? 4,000 7,904 695 1.000 250 1,000 100 72 20 83 600 792 25 Mth1 Sep.07 4,000 7,904 695 1,000 250 1,000 100 72 20 83 600 200 25 792 ..dVf '3upphe~ and Maintenance Depreciation Amortization Repal Accounts 1986921 1 Year 1 - page 1654 16541 16541 16541 16541 16541 16541 16541 16541 16541 16541 16741 TOTAl OPERATING EXPENSES Nile VaHey Restaurant 3.xls 8127/2007 page FORCASTED FINANCIAL STATEMENTS IFORECASTED SCHEDULE OF COST OF GOODS SOLD I Mth 1 Mth2 Mth3 Mth4 Mth5 Mth6 Mth 7 Mth8 Mth9 Mth 10 Mth 11 Mth 12 Totals Accounts SeD-07 Oct-07 Nov.07 Dee-07 Jan-08 Feb-08 Mar-08 ADr-08 May-Q8 Jun-08 JIll-08 Aua-08 Percent Cost of Goods Sold 9,180 9,180 9,180 9,180 9.180 9.180 12,240 12,240 12,240 12.240 12.240 12,240 128,520 34.00% TOTAL COST OF GOODS SOLD 9180 9180 9180 9180 9180 9180 12240 12240 12240 12240 12240 12240 128520 34.00% Nile Valley Restaurant 3.xls Year FORECASTED SCHEDULE OF COST OF GOODS SOLD 812712007 FOR CASTED FINANCIAL STATEMENTS DEPRECIATION SCHEDULE T atals 6.000 Mth 12 Aug-08 500 Mth 11 Jul-08 500 Mth 10 Jun-08 500 Mth9 May.08 500 Mth8 Apr-08 500 Mth 7 Mar-08 500 Mth6 Feb-08 500 Mth5 Jan-08 500 Mth4 O8c-07 500 Mth 3 Nov-07 500 Mth2 Oct.07 500 Mth 1 S~07 500 Method 'see below Cumulative Cost 90,000 90,000 90,000 90,000 90,000 90,000 90.000 90.000 90.000 90,000 90,000 90.000 90,000 Cost Life Buildings and Improvements Beginning Additions September Addijions October Additions November Addruons December Additions January Additions February Additions March Additions April Additions May Additions June Addruons July Additions August 000 500 500 500 500 500 500 500 500 500 500 500 500 90.000 3.500 292 292 292 292 292 292 292 292 292 292 292 292 FumHure, Fixtures & Equip!. Beginning Additions September Additions October Additions November Additions December Additions January Additions February Additions March Addruons April Additions May Additions June Additions July Additions August Total page 7 3500 Year 292 292 292 292 292 292 292 292 292 292 292 292 35000 aoe on nex demel;iation schedule con Nile Valley Restaurant3.xls Total 8/27/2007 FORCASTED FINANCIAL STATEMENTS DEPRECIATION SCHEDULE Totals Mth 12 Aug-08 Mth 11 Jul-08 Mth 10 Jun-08 Mth9 May-08 Mth 8 Apr-08 Mth7 Mar-08 Mth6 Feb-08 Mth 5 Jan-08 Mth4 Dec-07 Mth 3 Nov-07 Mth2 Oct-07 Mth 1 Sap-07 Method Cumulative Cost Cost Lne Vehicles Beginning Additions September Additions October Additions November Additions December Additions January Additions February Additions March Additions April Additions May Additions June Additions July Additions August 9,500 792 8,708 792 7,917 792 7,125 792 6,333 792 5,542 792 4,750 792 3,958 792 3,167 792 2,375 792 1,583 792 792 792 Total depreciation expense Plus beginning accumulated depreciation Less eliminations Total page 9.500 Year 9.500 8.708 7,917 7.125 6,333 5,542 4.750 958 3.167 2.375 583 792 ENDING ACCUMULATED DEPRECIATION Nile Valley Restaurant 3.xls 812712007 FORCASTED FINANCIAL STATEMENTS page 9 TRADE RECEIVABLES ANALYSIS Mth 1 Mth 2 Mth 3 Mth4 Mth 5 Mth 6 Mth 7 Mth 8 Mth9 Mth 10 Mth 11 Mth 12 Accounts SeD-07 Oct-07 Nov-07 Dec-07 Jan-08 Feb.o8 Mar-08 ADr.o8 May-08 Jun-08 Jul-08 Aua'()8 Totals Sales 27,000 27.000 27,000 27,000 27,000 27,000 36,000 36,000 36,000 36,000 . 36,000 36,000 378.000 TOTAL SALES 27000 27000 27000 27000 27000 27000 36000 36000 36000 36000 36000 36000 378000 " Receipts Cash (1.00%) 27,000 27,000 27,000 27.000 27,000 27,000 36,000 36,000 36.000 36.000 36,000 36,000 378,000 :, Receipts 30 Days (0.00%) : Receipts 60 Days (0.00%) : Receipts 90 Days (0.00%) Receipts from Previous Year CASH RECEIPTS FROM SALES 27000 27000 27000 27000 27000 27000 36000 36000 36000 36000 36000 36000 378000 TRADE RECEIVABLES 0 0 0 0 0 0 0 0 0 0 0 0 0 Nile Valley Restaurant 3.xls Yea Pe 8f27r2007 I LOAN 14 I 10 50% o 38 o AMORTIZATION SCHEDULE T."" InlerestRate BaQ Balance Start Month Payment ILDAN#3 I 10 SO% o 26 o FORCASTED FINANCIAL STATEMENTS AMORTIZATION SCHEDULE T."" Interest Rate BeQBalance Start Month Payment I LOAJU2 I 7 4.00~1D 25000 I 3.2 AMORTIZATION SCHEDULE T."" Interest Rate BeQ Balance Start Month Payment AMORTIZATION SCHEDULE I LOAN #1 Term 700 Interest Rate 6.97% BeQ Balance SOOOO SlartMonlh 1 Payment 754 DATE # PAYMENT INT PRlN BALANCE Sep-07 0 0 0 0 0 Sep-07 I 0 0 0 0 Ocl-07 2 0 0 0 0 Nov-07 3 0 0 0 0 Dee-07 4 0 0 0 0 Jan-08 5 0 0 0 0 F,l>-08 6 0 0 0 0 Mar-08 7 0 0 0 0 Apr-08 8 0 0 0 0 May-OB 9 0 0 0 0 Jun-08 10 0 0 0 0 M-08 II 0 0 0 0 AUQ-08 12 0 0 0 0 :~~I 13 0 0 0 0 14 0 0 0 0 Nov-08 15 0 0 0 0 Dec-08 16 0 0 0 0 Jan-09 17 0 0 0 0 Feh-09 18 0 0 0 0 Mar-09 19 0 0 0 0 Apr-09 20 0 0 0 0 May-09 21 0 0 0 0 Jun--09 22 0 0 0 0 Jul.Q9 23 0 0 0 0 AUQ-09 24 0 0 0 0 Sep..Q9 25 0 0 0 0 Oct -09 26 0 0 0 0 Nov-09 27 0 0 0 0 Dec-09 28 0 0 0 0 Jan-l0 29 0 0 0 0 Feb-lO 30 0 0 0 0 Mar-1Q 31 0 0 0 0 Apr-10 32 0 0 0 0 May-10 33 0 0 0 0 Jun-10 34 0 0 0 0 I Jul-10 35 0 0 0 0 AUQ-10 36 0 0 0 0 58p-10 37 0 0 0 0 OcI-l0 38 0 0 0 0 Nov-1Q 39 0 0 0 0 Dee-10 40 0 0 0 0 page 10 y,ar DATE # PAYMEN INT PRIN. BALANCE S.1>-07 D 0 0 0 0 Sol>-07 1 0 0 0 0 Ocl-07 2 0 0 0 0 Nov-07 3 0 0 0 0 Dec-07 4 0 0 0 0 Jan-08 5 0 0 0 0 Feb-08 6 0 0 0 0 Mar-OS 7 0 0 0 0 Apr-08 8 0 0 0 0 May-08 9 0 0 0 0 Jun..()8 10 0 0 0 0 Jul-08 II 0 0 0 0 Auq-Oe 12 0 0 0 0 Sep-Q8 13 0 0 0 0 Ocl-08 14 0 0 0 0 Nov-08 15 0 0 0 0 Dec-08 16 0 0 0 0 Jan-09 17 0 0 0 0 Fah-09 18 0 0 0 0 Mar-09 19 0 0 0 0 Aor-09 20 0 0 0 0 Mav..09 21 0 0 0 0 Jun-09 22 0 0 0 0 Jul-09 23 0 0 0 0 AUQ-09 24 0 0 0 0 Sep-09 25 0 0 0 0 Oct-09 26 0 0 0 0 Nov.09 27 0 0 0 0 Dec-09 28 0 0 0 0 Jan:10 29 0 0 0 0 Feb-10 30 0 0 0 0 Mar-10 31 0 0 0 0 Apr-10 32 0 0 0 0 May-l0 33 0 0 0 0 Jun-10 34 0 0 0 0 Jul-10 35 0 0 0 0 AUQ-10 36 0 0 0 0 5ep-10 37 0 0 0 0 001-10 38 0 0 0 0 Nov-10 39 0 0 0 0 Dac-10 40 0 0 0 0 DATE # PAYMENT INT. PRIN. BALANCE Sep-07 0 0 0 0 25,000 Sep-()7 1 342 83 258 24.742 Oct-07 2 342 82 259 24.482 Nov-07 3 342 82 260 24,222 Oec-07 4 342 81 261 23,961 Jan-OB 5 342 80 262 23.699 Falr08 6 342 79 263 23.437 Mar-08 7 342 78 264 23.173 Apr-08 8 342 77 264 22,909 Mav-08 9 342 76 265 22.543 Jun-08 10 342 75 266 22.377 Jul-08 11 342 75 267 22.110 AUQ-08 12 342 74 268 21.842 Sep-08 13 342 73 269 21,573 Oct-08 14 342 72 270 21.303 Nov-08 15 342 71 271 21,032 Oec-08 16 342 70 272 2O}61 Jan-09 17 342 69 273 20.488 Feb-09 18 342 68 273 20.215 Mar-09 19 342 67 274 19,941 Aor-09 20 342 66 275 19.665 May-09 21 342 66 276 19.389 Jun-09 22 342 65 277 19,112 Jul-09 23 342 64 278 18.834 Aul>-09 24 342 63 279 18.555 Sep-09 25 342 62 280 18,275 Oct-09 26 342 61 281 17,994 Noy-09 27 342 60 282 17.713 Dec-09 29 342 59 283 17.430 Jal'l-10 29 342 58 284 17,146 Feb-l0 30 342 57 285 16.862 Mar.10 31 342 56 286 16,576 Apr-10 32 342 55 286 16.290 May-l0 33 342 54 287 16,002 Jun-10 34 342 53 288 15.714 Jul-l0 35 342 52 289 15.425 AUQ-10 36 342 51 290 15,134 Sep-10 37 342 SO 291 14,843 Oct-10 38 342 49 292 14,551 Nov-10 39 342 49 293 14.268 Oec-10 40 342 48 294 13963 DATE # PAYMENT INT PRIN BALANCE Sel>-07 0 0 0 0 50000 SOl>-07 I 754 290 463 49,537 Oot-07 2 754 288 466 49,070 Nov-07 3 754 285 469 48,601 Dec-07 4 754 282 472 48,130 Jan-08 5 754 260 474 47.656 Fob-08 6 754 277 477 47.178 Mar-08 7 754 274 480 46,699 Apr-08 8 754 271 483 46.216 May-08 9 754 268 485 45.730 Jun-08 10 754 266 488 45.242 Jul-08 11 754 263 491 44.751 AuQ-08 12 754 260 494 44,257 Sep-08 13 754 257 497 43.760 Oct.08 14 754 254 500 43.260 Nov-08 15 754 251 503 42.758 Doc-08 16 754 248 S06 42,252 Jan-09 17 754 245 S08 41.744 Fob-09 18 754 242 511 41,232 Mer-09 19 754 239 514 40.718 Apr-09 20 754 237 517 40,201 May-09 21 754 233 520 39,680 Jun-09 22 754 230 523 39.157 Jul-09 23 754 227 526 38.630 Au0-09 24 754 224 530 38.101 S.p-09 25 754 221 533 37.688 Oct-09 26 754 218 536 37.032 No....-09 27 754 215 539 36.494 Dec-09 28 754 212 542 35.952 Jan-10 29 754 209 545 35.407 Fob.l0 30 754 206 548 34.858 Mar-lO 31 754 202 551 34.307 Apr-10 32 754 199 555 33.752 Mav-10 33 754 196 558 33.194 Jun-10 34 754 193 561 32,633 J<Jl.l0 35 754 190 564 32,069 Auq-10 36 754 186 568 31,501 Sop-I 0 37 754 183 571 30,930 Oct-10 38 754 180 574 30,356 Nov-10 39 754 176 578 29,779 Oac-10 40 754 173 581 29.198 Nile Vallev ReslauranI3.);/' 8/27/2007 FORCASTED FINANCIAL STATEMENTS Totals Mth 12 Aug.()S Mth 11 Jul-OS Mth 10 Jun..oS Mth7 Mar-OS Mth 6 Feb-OS Mth 5 Jan-OS Mth4 Dec-07 Mth 3 Nov-07 Mth2 Oct-07 Mth 1 Sep-07 KEY MEASURES 00.00% 66.00% 34.00% 13.44% 10.10% 1.12% 9.52% 66.00% 34.00% 20.05% 15.68% 0.93% 9.52% 66.00% 34.00% 20.05% 15.67% 0.94% 9.52% 66.00% 34.00% 20.05% 15.67% 0.95% 9.52% 66.00% 34.00% 20.05% 15.66% 0.96% 9.52% 66.00% 34.00% 20.05% 15.65% 0.97% 9.52% 66.00% 34.00% 20.05% 15.64% 0.98% 7.14% 66.00% 34.00% 4.74% 2.80% 1.32% 7.14% 66.00% 34.00% 4.74% 2.79% 1.33% 7.14% 66.00% 34.00% 4.74% 2.78% 1.34% 7.14% 66.00% 34.00% 4.74% 2.77% 1.36% 7.14% 66.00% 34.00% 4.74% 2.76% 1.37% 7.14% 66.00% 34.00% 4.00% 2.14% 1.38% Summary Analysis Measures: Revenues - % by month Gross Profit Margin Percent Cost of Goods Sold Percent Operating Profit Margin Net Profit Margin Interest CosUSale: 3.88 4.30 39320 11.96 3.88 4.30 39320 21.64 3.70 ilZ. 33691 21.40 2.77 ill 28061 21.16 2.48 2.90 22430 20.94 L11 2.60 16798 20.72 li!. 2.04 1J.12? 20.50 1.06 1.58 5531 3.59 0.97 !21 4767 3.56 0.90 li? 4003 3.52 0.81 ~ 3237 3.49 0.72 l1Z. 2470 3.45 0.64 ill 1703 2.89 Liquidity Measures: Acid Ratio Current Ratio Worldng Capital EBITllnterest 0.70 ill 0.59 0.31 0.69 0.70 lli 0.59 0.31 0.69 0.74 1.36 0.58 0.28 0.72 0.82 11f. 0.55 0.26 0.74 0.87 ill 0.53 0.22 0.78 0.93 1.07 0.52 0.19 0.81 1.02 0.98 0.49 0.16 0.84 1JQ 0.91 0.48 0.11 0.89 1.12 0.89 0.47 0.10 0.90 ~ 0.87 0.46 0.10 0.90 ill 0.85 0.46 0.09 0.91 11Q. 0.83 0.45 0.09 0.91 1.23 0.81 0.45 0.08 0.92 Asset and Debt Measures: Debt to Equity Equity to Debt Net Worth to Total Assets Current Assets to Total Assets Fixed Assets to Total Assets 2.27 25.70 14.01 14 9.61 2.40 2.40 2.40 2.39 2.40 2.40 3.06 2.96 2.84 2.73 2.69 2.59 22.03 22.03 22.03 22.03 22.03 22.03 29.38 29.38 29.38 29.38 29.38 29.38 16.34 16.34 16.34 16.34 16.34 16.34 12.25 12.25 12.25 12.25 12.25 12.25 wnw --- --- --- -- ---- --- ---- .- --- --- --- wn_ --- -- d__ --- --- ---- ---- .- --- _u_ ---- 16 16 16 16 16 16 12 12 12 12 12 12 190.24 131.15 100.09 80.95 67.96 58.58 38.69 25.72 19.26 15.40 12.82 10.99 Operational Efflciency (annualized) Asset Turnover Inventory Turnover No. Days Supply in Inv. Receivable T umover No. of Days Sales in Avg. Rec. Length of Operating Cycle SalesIWorking Capital 11 page 0.39 0.23 0.44 0.03 27.20 1050 Yea ~I 0.141~ 0.14 0.97 0.89 0.83 0.78 0.73 0.69 0.07 0.07 0.Q7 0.07 0.48 0.46 0.44 0.43 0.42 0.41 - 0.42 0.42 0.42 0.33 0.34 0.35 0.37 0.39 0.38 0.38 0.37 0.28 0.27 0.27 0.27 0.27 2.40 2.39 2.40 3.06 2.96 2.84 2.73 2.59 931 900 900 1200 1241 1200 I 1241 1200 0.15 0.07 0.42 0.38 2.40 900 Q11. 0.05 0.42 0.38 2.40 931 Profitability Measures (annualized) Return on Equity Return on Total Assets Sales Efficiency Measures (annualized) Total Assets to Net Revenues Fixed Assets to Net Revenues Sales to Total Assets Revenues Per Day Nile Valley Restaurant 3xis '-\ .-"-- ~ Year Two 8/2712007 FORCASTED FORECASTED FINANCIAL STATEMENTS FORECASTED STATEMENT OF INCOME -Mth 13 ..Mth 14 ..Mth 15 -Mth 16 ..Mth 17 nMth 18 ..Mth 19 ..Mth 20 ..Mth 21 ..Mth 22 ..Mth 23 ..Mth 24 Totals S...,.08 Oct.08 Noy.08 Dee.08 Jan.09 Feb.09 Mar.09 Aor.09 Mav.09 Jun.09 Jut.09 Auo-08 Percent Net Sales 36,000 36,000 36,000 36,000 36,000 36,000 36,000 36,000 36,000 36,000 36,000 36,000 432,000 ~1 Cost of Goods Sold 12.240 12,240 12,240 12,240 12,240 12.240 12,240 12.240 12,240 12,240 12.240 12,240 146.880 -=0 GROSS PROFIT 23,760 23,760 23,760 23,760 23,760 23,760 23,760 23,760 23,760 23,760 23,760 23,760 285,120 -=1 Operating Expenses 16.241 16,041 16,041 16,041 16,041 16,041 16,041 16,041 16,041 16,041 16,041 16,041 192,692 -=0 OPERATING INCOME (LOSS) 7,519 7,719 7,719 7,719 7,719 7,719 7,719 7,719 7,719 7,719 7,719 7,719 92,428 -=0 Financial Expense, Interest 330 326 322 318 315 311 307 303 299 295 291 287 3,704 -=0 INCOME (LOSS) BEFORE 7,189 7,393 7,397 7,401 7,404 7,408 7,412 7,416 7,420 7,424 7,428 7,432 88.724 ~O INCOME TAXES Federal and state income taxes 1,294 1,331 1,331 1,332 1,333 1.333 6,495 2,076 2,078 2,079 6,957 2,527 30,166 -=0 INET INCOME LOSS) 5895 6,062 6065 6068 6072 6075 918 5340 5342 5345 471 4905 58558 -0 page Year 2 Totals 38,164 58.558 96,722 FORECASTED STATEMENT OF RETAINED EARNINGS nMth 24 Aug.09 ..Mth 23 Jul.09 --Mth 22 Jun.09 ..Mth 21 May.09 .Mth 20 Apr-09 nMth 19 Mar.Q9 .-Mth 18 Feb.09 -Mth17 Jan.09 nMth 16 Dee.08 ..Mth 15 Noy.OS -Mth 14 Oct-OS ..Mth 13 Sep.OS 91.817 91,346 86,00 80,659 75,319 74,402 68,327 62,255 58.187 50,12 44.059 38.164 Balance, beginning Dividend Payments 4,905 96,722 47 91.817 5,345 91.346 5,342 86,001 5,340 80,659 918 75,319 6,075 74,402 6.072 68,327 6,068 62.255 6.065 56,187 6,062 121 50 5,895 44,059 (loss BAlANCE, ENDING Add net Income Nile Valley Restaurant 3.xls 8/2712Q07 As 01 31-Aua Percent 124,102 52.79% 0.00% 5,000 2.13% 0.00% 0.00% 129102 54.91% 90,000 38.28% 0.00% 35,000 14.89% 0.00% 125,000 53.17% 19,000 8.08% 106 000 45.09% 0.00% 235,102 100.00%1 Year 2 - page 2 FORECASTED FINANCIAL STATEMENTS -Mth 24 Aua.Q9 -Mth 23 Jul.Q9 -Mth 22 Jun.Q9 ..Mth 21 May-Q9 ..Mth 20 Apr.Q9 ..Mth 19 Mar.()9 ..Mth 1B Feb.Q9 nMth 17 Jan.Q9 ..Mth 16 Dee.OB ..Mth 15 Nov.OB nMth 14 Oct.OB ..Mth 13 Sep.OB BEGIN 01.Sep FORECASTED BALANCE SHEET 124,102 16,687 5,504 08.089 00,674 02,420 95,005 87,590 84,169 76,754 69,339 53,456 CURRENT ASSETS Cash Trade Receivables, net Inventory Work in Process Prepaid Expenses 5.000 5,000 5,000 5,000 5.000 5,000 5,000 5,000 5,000 5,000 5.000 5,000 02 29 121,687 120,504 3.089 105,674 107,420 100,005 92,590 89.169 81,754 74,339 58,456 51.241 TOTAL CURRENT ASSETS LEASEHOLD IMPROVEMENTS, EQUIPMENT, LAND, BUILDINGS. at cost 90,000 90,000 90,000 90,000 90.000 90,000 90,000 90,000 90.000 90,000 90,000 90.000 90,000 35,000 Buildings and Improvements Land Furniture, Vehicles 35,000 35.000 35.000 35,000 35,000 35,000 35.000 35.000 35,000 35,000 35.000 35,000 Fixtures & Equip!. 25,000 19,000 125.000 18.208 125,000 17,417 25,000 16,625 125,000 15.833 25,000 15,042 25.000 14,250 25,000 13,458 25,000 12.667 25,000 11,875 25,000 11,083 25,000 10,292 25,000 Total before Depre. Less Accum. Depre. 106.000 106.792 107,583 108,375 109.167 109,958 0.750 542 12.333 3,125 3.917 4,708 15,500 LAN TOTAL PLANT, EQUIPT. & OTHER ASSETS Intangibles, at amort. cost 235.102 228,478 228.088 464 221 214,841 217,378 210.755 204,132 503 20 194,879 188.256 184 73 66.741 TOTAL ASSETS balance sheet continued on next page Nile Valley Restaurant 3.xls 8/27/2007 As 01 31.Aua Percent 0.00% 10,020 4.26% 12,240 5.21% 0.00% 9,484 4.03% 31.744 13.50% 56.656 24.10% 10,020 4.26% 46,636 19.84% 78,380 33.34% 60.000 25.52% 96,722 41.14% 156722 66.66% 235,102 100.00%1 Vear 2 - page 3 FORECASTED FINANCIAL STATEMENTS ..Mth 23 InMth 24 Jul-09 Aua.1J9 ..M1h 21 1..Mth 22 May.09 Jun.09 ..Mth 20 Apr.09 ..Mth 19 Mar.09 ..M1h 18 Feb-09 ..Mth 17 Jan-09 ..Mth 16 Dee.OS ..Mth 15 Noy.OB ..Mth 14 Oct.OB ..Mth 13 Sap.OB FORECASTED BALANCE SHEET cant. BEGIN 01.$ep LIABILITIES Short-Term Notes Plus Cur. Port of L T Debt Accounts Payable Accrued Expenses Income Taxes Payable 10,020 12,240 9,971 12.240 9,921 12,240 9,872 12,240 9.824 12,240 9,775 2,240 9,727 12.240 9,679 12,240 9,631 12,240 9,584 12,240 9,537 12.240 9,490 9,443 9.484 6,957 6.233 4,154 2,076 9.16 2,666 333 3,994 2,662 33 3,772 2,478 31,744 29,168 28,394 26,266 24,140 76 31 24,633 23,252 25.866 24,486 23,107 13,262 92 11 CURRENT LIABILITIES 56,656 10,020 57,464 9,971 58,269 9,921 59.069 9,872 59,866 9,824 60,658 9,775 61,447 9.727 62,232 9,679 63.013 9,631 63,790 9,584 64,564 9,537 65,333 9,490 66,099 9.443 Long Term Liabilities Less Cur. Port. of L T Deb 46,636 47,494 48.347 49,197 50,042 50,883 51,720 52,553 53,382 54,206 55,027 55.843 56,656 LONG-TERM DEBT 78,380 76,662 76.742 463 75 74,182 82,059 76,354 75,805 79,247 78,692 34 78 69,105 68,577 fTOT AL LIABILITIES STOCKHOLDER'S EQUITY 60,000 96,722 60,000 91,817 60.000 91.346 60,000 86,001 60,000 80,659 60,000 75,319 60,000 74,402 60,000 68.327 60,000 62.255 60,000 56.187 60,000 50,121 60,000 44,059 Common Stock Retained Earnings 56.722 235.102 151,817 228.478 51,346 228,088 148.00 221,464 140,659 214,841 35.319 217,378 34,402 210.755 128,327 204,132 22,255 201,503 6,187 94.879 10,121 188.256 104,059 173,164 98,164 166.741 TOTAL EQUITY ITOT AL L1AB. AND SH EQUITY Nile Valley Restaurant 3.xls 8/27/2007 As of 31.AuQ Percent 58.558 64.85% 9,500 10.52".-b 0.00% 0.00% 0.00% 0.00% 3.000 3 32".-b 12,240 13.55% 0.00% 7,006 7.76% 90 304 100.00% - - 0.00% (9,443) 100.00% 0.00% 0.00% (9,443' 100.000/. 80.861 65.16% 43.241 34.84% 24,102 100.00% Year 2 - page 4 ..Mth 24 Aug.09 ..Mth 23 Jul.09 FORCASTED FINANCIAL STATEMENTS FORECASTED STATEMENT OF CHANGES IN FINANCIAL POSITION ..Mth 22 Jun.Q9 ..Mth 21 May.09 ..Mth 20 Apr.Q9 ..Mth 19 Mar.Q9 -Mth 18 Feb.Q9 ..Mth 17 Jan.Q9 ..Mth 16 Oec.08 ..Mth 15 Nov.Q8 ..Mth 14 Oct.08 ..Mth 13 Sep.08 4,905 792 47 792 5,345 792 5,342 792 5,340 792 918 792 6,075 792 6,072 792 6,068 792 6,065 792 6.062 792 12,240 5.895 792 3.000 FINANCIAL RESOURCES FROM OPERA nONS cash: Net Income (loss) Items which did not reQuire outlay 0 Depreciation Amortization (Increase) decrease in Trade Receivables (net) (Increase) decrease in Inventory (Increase) decrease in Work-in-Process (Increase) decrease in Prepaid Expenses Increase (decrease) in Accs. Payable Increase (decrease) in Accr Expenses Increase (decrease) in Income Taxes Payable 2,527 725 2,079 2,078 (7,084) 6,495 333 (2,661 1,332 1,33 (2,441 ,294 8.224 987 8,216 8.212 953 8.204 8,200 4,202 8.192 8,188 6,652 10.981 CASH PROVIDED BY (USED IN)OPERA TION FINANCIAL RESOURCES FROM INVESTING Sale (Purchase) of Buildings, Improvements, Land, Furniture, Veh. CASH USED (RECEIVED) FROM INVESTME FINANCIAL RESOURCES FROM FINANCING Increase (decrease) in Short.Term Notes Increase (decrease) in Long.Term Debt Increase (decrease) in ConI. by Owner Dividend Payments 808 (804 80 797 793 (789 785 78 777 (773) (770) (766 808 804 801 79 793 789 85 fl81 JlJJl (773 770 766 CASH PROVIDED (USED) BY FINANCING 7,415 116,687 124,102 1,182 15,504 16,687 7,415 108.089 504 15 7,415 100,674 108.089 (1,746) 102,420 100,674 7,415 95,005 102.420 7,415 87,590 95.005 3,421 84,169 87,590 7,415 76,754 169 84 7,415 69,339 76,754 15,883 53,456 69,339 10.215 43,241 53.456 Cash Inflow (Outflow) Cash, Beginning CASH, ENDING Nile Valley Restaurant 3.xls 8/27/2007 FDRCASTED FINANCIAL STATEMENTS FORECASTED SCHEDULE OF OPERATING EXPENSES page 5 Yea Percen 11.11% 21.96% 1.93% 1.11% 0.69% 2.78% 0.28% 0.20% 0.06% 0.23% 1.94% 0.05% 0.D7% 2.20% 100.00% Totals 48.000 94.848 8,340 4,800 3,000 12.000 1.200 864 240 1.000 8,400 200 300 9,500 192,692 Mth 24 AUQ-09 4,000 7,904 695 400 250 1,000 100 72 20 83 700 792 16041 25 Mth 23 Jul.09 4,000 7,904 695 400 250 1,000 100 72 20 83 700 792 16041 25 Mth22 Jun.09 4.000 7,904 695 400 250 1,000 100 72 20 83 700 792 16041 25 Mth21 Mav-09 4,000 7,904 695 400 250 1,000 100 72 20 83 700 792 1604 25 Mth 20 Apr.09 4,000 7,904 695 400 250 1.000 100 72 20 83 700 792 16041 25 Mth 19 Mar-09 4.000 7,904 695 400 250 1,000 100 72 20 83 700 792 16041 25 Mth 1B Feb.09 4,000 7,904 695 400 250 1,000 100 72 20 83 700 792 16041 25 Mth17 Jan-09 4,000 7,904 695 400 250 1,000 100 72 20 83 700 25 792 16041 Mth 16 Dee.OB 4,000 7,904 695 400 250 1.000 100 72 20 83 700 792 16041 25 Mth 15 Noy-OB 4,000 7.904 695 400 250 1,000 100 72 20 83 700 792 16041 25 Mth 14 Oct-OB 4,000 7,904 695 400 250 1,000 100 72 20 83 700 792 16041 25 Mth 13 Sep-08 4,000 7,904 695 400 250 1.000 100 72 20 83 700 200 25 792 16,241 r;hl TOTAL OPERATING EXPENSES Nile Valley Restaurant 3.xls F!,epalfS and Depreciation Amortization Accounts 8I'l7 12007 page 6 Year FORCASTED FINANCIAL STATEMENTS Mth 13 Mth 14 Mth 15 Mth 16 Mth17 Mth 1B Mth 19 Mth 20 Mth 21 Mth22 Mth 23 Mth 24 Totals SeD-DB Oct-DB Nov-DB Dec-DB Jan-D9 Feb-09 Mar-D9 ADr-09 May-09 Jun-D9 Jul-09 Auo-09 Percent Cost of Goods Sold 12,240 12,240 12,240 12,240 12.240 12,240 12,240 12,240 12,240 12.240 12,240 12.240 146,880 34.00% TOTAL COST OF GOODS SOLD 12240 12240 12240 12240 12240 12240 12240 12240 12240 12240 12240 12240 146880 100.00% Nile Valley Restaurant 3.xls FORECASTED SCHEDULE OF COST OF GOODS SOLD 8/2712007 FORCASTED FINANCIAL STATEMENTS DEPRECIATION SCHEDULE Totals 6.000 Mth 24 Aup-09 500 Mth 23 Jul-09 500 Mth22 Jun-09 500 Mth 21 May-09 500 Mth 20 Apr-09 500 Mth 19 Mar-09 500 Mth 18 Feb-09 500 Mth17 Jan-09 soo Mth 16 Dee-08 500 Mth 15 Nov-08 500 Mth 14 Oct-08 500 Mth 13 SeP-()8 500 Method Cumulative Cost 90,000 90,000 90.000 90.000 90,000 90,000 90,000 90,000 90,000 90.000 90,000 90,000 90.000 Cost 90,000 Life Buildings and Improvements Beginning Additions September Additions October Additions November Additions December Additions January Additions February Additions March Additions April Additions May Additions June Additions July Additions August 000 3,500 500 292 500 292 soo 292 500 292 500 292 500 292 500 292 500 292 500 292 soo 292 500 292 500 292 35,000 35,000 35,000 35,000 35,000 35,000 35.000 35.000 35,000 35,000 35,000 35,000 35,000 90,000 35,000 Total Fum~ure, Fixtures & Equip!. Beginning Additions September Additions October Additions November Additions December Additions January Additions February Additions March Additions April Additions May Additions June Additions July Additions August page 7 Vear 2 3500 292 292 292 292 292 292 292 292 292 292 292 292 35000 reciation schedule cont on next paQe de Total Nile Valley Restauranl3.xls 8/27/2007 FORCASTED FINANCIAL STATEMENTS DEPRECIATION SCHEDULE Totals Mth 24 AIlll-09 Mth23 Jul-09 Mth22 Jun.09 Mth 21 May.09 Mth 20 Apr.09 Mth 19 Mar.Q9 Mth 18 Feb.09 Mth17 Jan.09 Mth 16 Dec.Q8 Mth 15 Nov.08 Mth 14 Oct.08 Mth 13 Sep-08 Method Cumulative Cost Cost LHe Vehicles Beginning Additions September Additions October Additions November Additions December Additions January Additions February Additions March Additions April Additions May Additions June Additions July Additions August 9,500 9.500 792 18.208 792 7.417 792 6,625 792 5,833 792 5,042 792 14,250 792 13,458 792 12,667 792 875 792 1.083 792 0,292 792 9,500 Total depreciation expense Plus beginning accumulated depreciation Less eliminations Total Two - page 8 Year 19,000 000 19 208 18 7.417 16.625 5.833 5,042 14,250 13,458 11 2,667 875 11 083 11 10.292 EDING ACCUMULATED DEPRECIATION Nile Valley Restaurant 3xls 8/27/2007 FORCASTED FINANCIAL STATEMENTS page 9 Year TRADE RECEIVABLES ANALYSIS Mth 13 Mth 14 Mth 15 Mth 16 Mth17 Mth 18 Mth 19 Mth20 Mth 21 Mth22 Mth23 Mth 24 SeD.08 Oct.08 NDv-08 Dee-08 Jan.09 Feb.09 Mar.09 ADr.09 May-09 Jun.09 Jul.09 AUD-G9 T DIals 36,000 36,000 36,000 36,000 36,000 36,000 36,000 36,000 36,000 36,000 36.000 36.000 432,000 TOTAL SALES 36 000 36 000 36 000 36 000 36 000 36000 36 000 36 000 36 000 36 000 36000 36 000 432 000 , Receipts Cash (1.00%) 36,000 36,000 36,000 36,000 36,000 36.000 36,000 36,000 36,000 36,000 36.000 36,000 432,000 Receipts 30 Days (0.00%) Receipts 60 Days (0.00%) Receipts 90 Days (0.00%) CASH RECEIPTS FROM SALES 36000 36 000 36 000 36 000 36 000 36 000 36 000 36 000 36 000 36 000 36 000 36 000 432 000 TRADE RECEIVABLES Nile Valley Restaurant 3.xls Percen 8/27/2007 Totals FORCASTED FINANCIAL STATEMENTS ..Mth 19 Mar-09 -Mth 1S Feb.09 ..Mth 17 Jan-09 -Mth 16 Dec.OS ..Mth 15 Nov-OS -Mth 14 Oct.OS ..Mth 13 Sep.OS KEY MEASURES 00,00% 66.00% 34.00% 21.40% 13.56% 0.86% 8.33% 66.00% 34.00% 21.44% 13.63% 0.80% 8.33% 66.00% 34,00% 21.44% 1.31% 0.81% 8.33% 66.00% 34,00% 21.44% 14.85% 0.82% 8.33% 66.00% 34.00% 21.44% 14.84% 0.83% 8.33% 66.00% 34.00% 21.44% 14.83% 0.84% 8.33% 66.00% 34.00% 21.44% 2.55% 0.85% 8.33% 66.00% 34,00% 21.44% 16,87% 0.86% 8.33% 66.00% 34.00% 21.44% 16.87% 0.87% 8.33% 66.00% 34.00% 21.44% 16.86% 0.88% 8.33% 66.00% 34.00% 21.44% 16.85% 0.90% 8.33% 66.00% 34,00% 21.44% 16.84% 0.91% 8.33% 66.00% 34.00% 20.89% 16,38% 0.92% Summary Analysis Measures: Revenues - % by month Gross Profit Margin Cost of Goods Sold Operating Profit Margin Net Profit Margin Interest CostfSales 391 4.07 97357 24.95 391 4.07 97357 26.88 4.00 ill 92519 26,51 4.07 4.24 92110 26.16 4.12 4.31 86823 25.81 4,17 4.38 81534 25.48 3.29 3.45 76244 25.15 386 4.06 75372 24.84 377 3.98 69338 24.53 325 3.45 63304 24.24 313 3.34 57268 23.95 3.00 3,22 51232 23.67 4.03 4.41 45194 22.79 Liquidity Measures: Acid Ratio Current Ratio Working Cap~al EBIT/lnterest 0.50 2.00 0.67 0.55 0.45 0.50 2.00 0.67 0.55 0.45 0.50 ~ 0.66 0.53 0.47 0,51 1J!Z. 0.66 0.53 0.47 0,52 1.93 0.66 0.51 0.49 0,53 1.90 0.65 0.49 0.51 0.61 1.65 0.62 0.49 0.51 0.57 .l12. 0.64 0.47 0.53 0.59 1.69 0.63 0.45 0.55 0.65 1.54 0.61 0.44 0.56 0.68 1.48 0,60 0.42 0.58 0.71 'iA1 0,58 0.39 0.61 0.66 1.51 0,60 0.34 0.66 Asset and Debt Measures Debt to Equity Equity to Debt Net Worth to Totai Assets Current Assets to Total Assets Fixed Assets to Total Assets 1.84 29.38 12.25 12 4.44 2.49 2.29 2.22 2.14 2.12 2.05 1.99 2,01 1.95 1.89 1.89 1.84 29.38 29.38 29.38 29.38 29.38 29.38 29.38 29.38 29.38 29.38 29,38 29.38 12.25 12.25 12.25 12,25 12.25 12.25 12.25 12.25 12.25 12.25 12,25 12.25 .-.- ---- --- ---- -- -- --- -- -- --- -- -- --- --- --- --- ---- ---- -- __.w --- --- --- - 12 12 12 12 12 12 12 12 12 12 12 12 9.56 8.43 7.54 6.82 6.23 5.73 5.67 5.30 4.98 4.69 4.67 4.44 Operational Efficiency (annualized) Asset Turnover Inventory Turnover No. Oays Supply in tnv. Receivable Turnover No. of Days Saies in Avg, Ree, Length of Operating Cycle Sales/Working Capital Profitability Measures (annualized) Return on Equity Return on Total Assets 0.37 0.25 0.38 0.25 0.04 0.02 0.42 0.28 0.44 0.29 0.46 0.30 0.08 0.05 0.54 0.35 0.57 0.36 0.60 0.36 0.63 0.37 0.66 0.39 0.68 0.41 10 page 0,54 0.02 22.05 1200 Year 2 0.54 0.25 1.84 1200 0.53 0.25 1.89 1200 0,53 0,25 1.89 1241 0.51 0.25 1.95 1200 0.50 0,25 2.01 1241 0.50 0.25 1.99 1200 0.49 0.26 2.05 1333 0.47 0,26 212 1200 0.47 0,26 2,14 1200 0.45 0.26 2.22 241 0.44 0.26 2.29 1200 0.40 0,27 2.49 1241 Sales Efficiency Measures (annualized) Total Assets to Net Revenues Fixed Assets to Net Revenues Sales to Total Assets Reven ues Per Day 3.xls Nile Valley Restauran 8/27/2007 SUBSTAINABLE GROWTH RATE +L) d) p( Year 1 THE Z SCORE BANKRUPTCY CLASSIFICATION MODElORCASTED FINANCIAL STATEMENTS Ratio Names Icomp the target +L) p = the firm's profit margin on sales d= The target dividend payout ration [I retention ratio] L = the target total debt-to-equity ratio t = the capital-output ratio, defined as total assets divided by net sales therefore is -d) d) p( g Z Score 2.72 Coefficient 6.56 x 0.41 Resul Formula 97357 235102 Description Working Capital Total Assets X1 Profit margin (profitisales)=p=0.14 Total debt-to-equity ratio (total debtiequity)=L=0.50 Capital-output ratio (total assets/sales)=t=0.54 Payout ratio )dividends/profits)=d=O.OO .34 3.26 x 0.41 96722 235102 92428 Retained Earnings Total Assets EBIT X2 X3 2.64 6.72 x 0.39 235102 Total Assets +0.50) 0.00)(1 0.14( 56722 Net Worth X4 59.6534% +0.50) 0.00) 0.14( 0.54 g 2.10 1.05 x 2.00 78380 Total Liabilities 'Substainable Growth: New Tool in Bank Lending', Journal of Commerical Bank Lending, June 1977, by Robert C. Higgins Source: 8.80 Z Score: Cutoff Values o less than: Bankrupt 2.60 Safe if greater than: 2 Page ICO Altman, Company Safe from Bankruptcy: Z Score> 2.60 Source: 'Corporate Financial Distress" by Edward John Wiley and Sons, 1983 ,~ 1 ~:'5._~... ~~W~~ ~~~aa.' -. - CITY OF IOWA CITY MEMORANDUM Date: To: From: Re: September 10, 2007 Economic Development Committee Wendy Ford Iowa City Ambulatory Surgical Center, LLC Tax Increment Financing Application The following pages are the application, supporting information and Developer's Agreement for Tax Increment Financing assistance for the Iowa City Ambulatory Surgical Center, LLC (ICASC). Below are the main points of information regarding the application. WHO . ICASC is a for-profit business, comprised of a partnership between Mercy Hospital and a local physicians' group. WHAT . Ambulatory surgery treats patients who do not need hospitalization. . ICASC is building a new 20,000 square foot surgical center. . Building cost: $5.6 million, not including equipment. . The new facility will enable the business to provide ambulatory surgery services in a more cost effective way because they will no longer bear the higher overhead expenses of the operating room facilities at Mercy Hospital which are designed for the most complicated surgical procedures. WHERE . ICASC is applying for Tax Increment Financing assistance for a new facility to be located in the Northgate Corporate Park Urban Renewal Area. WHEN . Construction to begin by May 2008 and to be completed by May 2009. TIF TERMS . Minimum investment of $5 million in the building. . ICASC pays 100% of all property taxes due, estimated approximately $226,OOO/year. (Property taxes on same undeveloped lot are approximately $9,200/year.) . 3 years of Tax Increment Rebates (June, 2011 - 2013), with a $600,000 cap., TIF PERFORMANCE MEASURES . Pay all property taxes due. . Attain LEED (Leadership in Energy Efficient Design) certification. . Maintain a minimum of 20 full-time employment units paid a minimum of $20 per hour. BENEFITS TO THE COMMUNITY . Allows for more cost effective delivery of ambulatory surgical services to residents served by physicians associated with Mercy Hospital. . Ensures this expansion would not happen in the near northside neighborhood of Mercy Hospital. . Creates a new business with high-paying jobs. . The new business partnership is a property tax-paying entity (Mercy alone, is not). City of Iowa City Application TIF Tax Rebate or Tax Abatement\Exemption Business ReQuestina Financial Assistance: Business Name: Iowa City Ambulatory Surgical Center, LLC Name of Authorized Person to Obligate the Business: Kelly Durian Business Address: 2615 Northgate Drive, Iowa City, IA 52245 Business Contact Person: Kelly Durian Title: Executive Director Telephone: 319/351-5680 Fax: 319/351-8980 E-mail Address:kellydurian@surgicalmanprof.com Business Federal ID#: 20-08503424 Date of Application Submittal: August 15, 2007 Release of Information and Certification NOTE: Please read carefully before signing I hereby give permission to the City of Iowa City (the City) to research the company's history, make credit checks, contact the company's financial institution, and perform other related activities necessary for reasonable evaluation of this proposal. I understand that all information submitted to the City relating to this application is subject to the Open Records Law (1994 Iowa Code, Chapter 22) and that confidentiality may not be guaranteed. I hereby certify that all representations; warranties or statements made or furnished to the City in connection with this application are true and correct in all material respects. I understand that it is a criminal violation under Iowa law to engage in deception and knowingly make, or cause to be made, directly or indirectly, a false statement in writing for the purpose of procuring economic development assistance from a state agency or political subdivision. SIGNATURE OF COMPANY OFFICER AUTHORIZED TO OBLIGATE BUSINESS: NOTE: The City will not provide assistance in situations where it is determined that any representation, warranty or statement made in connection with this application is incorrect, false, misleading or erroneous in any material respect. If assistance has already been provided by the city prior to discovery of the incorrect, false or misleading representation, the city may initiate legal action to recover city funds. Page 1 of 6 1. What is the location of the proposed project? The Iowa City Ambulatory Surgical Center will be located in Northgate Corporate Park at the intersection of Interstate 80 and Highway 1. Specifically, the new facility will be located on Lot 12, Highlander Development Third Addition to Iowa City, Iowa. 2. Please provide a brief timeline for the proposed project. The new facility is scheduled to open in the summer of 2008. The site (described above) has been acquired and facility design is in process. Building construction is scheduled to begin in the fall of 2007. 3. Describe in detail the proposed "project" (e.g., company relocation, plant expansion, remodeling, new product line and/or new facility). The Iowa City Ambulatory Surgical Center, LLC (the "ICASC'? will develop, own, and operate the Center for surgical patients who do not require hospitalization. The lCASC is a joint venture between Mercy Hospital, Iowa City (Mercy) and a group of local surgeons. The joint venture is an Iowa limited liability company in which Mercy owns a 70% membership interest and the surgeon investors own a 30% membership interest. The Center will be a new facility for outpatient surgical procedures including the following specialties: otolaryngology, orthopedics, general surgery, urology, gynecology, ophthalmology, podiatry, plastics, and pain management. It is expected that over 4,000 cases per year will be performed in the center. Although outpatient surgical services are currently performed on the Mercy campus, the Center will represent a new service to the residents of Iowa City and the surrounding areas and is expected to provide the following benefits: Increased Surgical Capacity - The Center will allow Mercy to avoid the building of additional operating room capacity within its existing facility to accommodate the rapid growth in outpatient surgical procedures. The existing capacity at Mercy will be used to accommodate growth in inpatient and more complex outpatient procedures. As Mercy is a tax-exempt, non-profit organization, the Project will result in the addition of a new building to the Johnson County property tax base. Improved Access - The Center will provide the residents with a convenient, reliable alternative to traditional hospital-based outpatient surgery. Improved Recruitment - The Center is expected to enhance the recruitment efforts of the surgeon groups on Mercy's medical staff. The expansion of the surgical groups will result in increased activity and increased employment opportunities for the Center. Page 2 of 6 4. Specifically, what type of capital improvements will be completed? (e.g. new building, remodeling, fa~de improvement, accessibility) The site is currently undeveloped land in the Northgate Corporate Park. The lCASC will construct a new 24,000 square foot building to house the operating rooms and support areas. The new building will include four to six operating rooms and related support areas. The estimated cost of the new building is $5,600,000. The facility will be designed in accordance with the State Energy Code, ASHRAE Standard 90.1 -2004, Energy Standard for Buildings Except Low-Rise Residential Buildings. In addition, the building will participate in MidAmerican Energy's Commercial New Construction program to optimize the construction of the facility relative to its energy use. Copies of the space programming, floor plan, and rendering are included as Exhibits to this application. 5. Will the project increase the value of the property by at least 150/0? Please include the amount of the proposed investment. The land was recently purchased for $600,000 and will be improved by the construction of a building with an estimated construction cost of $5.6 million. 6. Type of assistance requested: (check one) Tax Increment Financing X Tax Exemption Tax Abatement We are requesting a seven-year property tax rebate related to the improvements made to the property. 7. If an existing Iowa City business, how many total individuals have been employed by the company at the Iowa City facility during the past year? Mercy currently maintains an outpatient surgery department within its existing facility. However, the Center is considered a new business that will not impact employment at Mercy. The positions created by the Center will be new jobs to the Iowa City area. 8. What is the number of jobs within the existing or proposed Iowa City facility and what is the startina average hourly wage rate (not including fringe benefits): Page 3 of 6 The Center will initially create approximately thirty new jobs in the Iowa City area including management, nursing, medical technologist, and support positions. All clinical and support staff for the will be employed the Center. Actual wages will vary by position based on market conditions. However, average wages will exceed $20.00 per hour. For the new employees? See above For existing employees? Not applicable For existing and new employees? See above 9. Does the business provide standard medical and dental insurance for full-time employees? If so, what percentage of the standard medical and dental insurance package expense does the company provide? The Center will provide a market competitive employee benefit package including medical, dental, retirement (401 (k) Plan with an employer matching contribution) benefits. 10. Beyond the present project, what future growth potential is there for the Iowa City operation? The Center will be designed to allow the expansion of operating rooms to a total of seven. In addition, the site could accommodate an additional building for a related business venture. 11. Please describe the energy and resource efficiency programs, waste reduction, waste exchange, and/or recycling programs at your Iowa City operation. The facility will be designed in accordance with the Sate Energy Code, ASHRAE Standard 90.1 -2004, Energy Standard for Buildings Except Low-Rise Residential Buildings. In addition, the building will participate in MidAmerican Energy's Commercial New Construction program to optimize the construction of the facility relative to its energy use. Relative to the recycling program, this facility is accommodating recycling bins and recycling storage areas promoting recycling efforts. 12. Do you use recycled materials in the production of any products or through the provision of any services at your facility? If so, please describe. The Ambulatory Surgery Center does not produce materials. However on the construction side of the project, recycled materials will be used and specified where applicable, as a part of our overall sustainable design efforts on this project. Page 4 of 6 13. Has the business been cited or convicted for violations of any federal or state laws or regulations within the last five years (including environmental regulations, Occupational Safety And Health laws, Fair Labor Standards, the National Labor Relations Act, the Americans With Disabilities Act)? If yes, please explain the circumstances of the violation(s). The Center has not been cited for any regulatory or legal violations. Page 5 of 6 Ambulatory Surgery Center Iowa City 17 Project #0718 April 18, 2007 Updated June 19, 2007 ROHRIACH ASSOCIATES PC Final Space Program ARCHITECT I ii/idlt~;i~~ . I Space or Area Quantltv NSF NSF Comments IFront Entrance Area Entrance Vestibule 1 120 120 Air lock at entrance doors Waitino Rooms Noisy 20 30 600 Tables and chairs Quite 10 30 300 Soft chairs and sofa's Children's Plav area 1 100 100 Small table and 2 chairs, tov storaoe Vendina 1 24 24 2 vendina machines Public Restrooms 2 64 128 Men's and Women's Vestibule/Coat storaae 1 100 100 Share between waitina and discharae lobbv (Administration Receotionists 2 100 200 2 work areas with conY fax and printers File Storaoe 1 80 80 Reaistration Station 1 80 80 Enclosed Scheduler/transcriotionist 2 48 96 Enclosed Office Business Manaoer 1 80 80 Enclosed Office Director of Nursina 1 80 80 Enclosed Office off of PatienVPhvsician Corridor PACU/OR Director 1 80 80 Enclosed Office off of PatienVPhysician Corridor two Desks Preadmission Nurse 1 80 80 Enclosed Office w/ door to waitino and back corridor Consultation 2 75 150 Enclosed areas located adjacent the sterile area r Sterile Area Ooeratino Rooms 4 555 2,220 Scrub areas 3 20 60 alcove off corridor - 1 shared for 2 OR's, 1 shelled Sub-sterile 3 50 150 one shared bv 2 OR's, 1 shelled Procedure Rooms (future OR's) 2 555 1110 both constructed as OR's readv for eauioment Dictation Stations 2 50 100 Off OR corridor Anesthesia Work Room 0 80 0 Nurse Station 1 175 175 Ad'acent alcove off corridor for crash carts Decontamination 1 150 150 Central Sterile Supplv 1 245 245 includes 2 sterilizers Phy. mail boxes/chartino/crash cart 1 40 40 Pharmacv/Medications 1 80 80 Refrinerator lockinn cabinet Sterile Suoolv 1 555 555 C-arm storaoe Soiled Utility Room 1 80 80 Flow thru to sterile area rPatient Care Areas Pre-Or Patient Rooms 9 90 810 Recliner, in-uest chairs, sink and counter, 1 isolation Pre-OP Peds Patient Rooms 1 120 120 Pre-OP restrooms 2 64 128 Patient Lockers 30 5 150 Half lockers adiacent to steo down area PACU - Pediatrics 0 64 0 Recliner area w/ walls - 1 sink alcove per 2 areas ?ACU - Pediatric Restroom 0 64 0 PACU - Aduit 7 80 560 Gurnev area w/ curtain - 1 sink alcove per 2 areas Steo Down - Pediatric/Adult 17 100 1,700 Recliner, 2 ouest chairs - 1 sink alcove oer 4 areas Adult Restrooms 2 64 128 Discharoe vestibule 1 150 150 w/ wheelchair storaoe r Staff Areas Pre-OP Nurse Station 1 120 120 At entrance to Pre-OP PACU Nurse station 1 140 140 Shared between adult and Pediatrics Adult Step Down Nurse station 1 150 150 Male Dressino Room 1 350 350 Toilet room dressina and 30 - 1/2 lockers Shower 1 60 60 Shared between dressina rooms Female Dressino Room 1 500 500 Toilet room, dressina and 62 - 1/2 lockers Break Room / Conference Room 1 400 400 Laroe Kitchenette 2 refrioerators 4 tables & 16 chairs General Storaoe 1 200 200 General office suoolies Medical Gas Storaae 1 100 100 Off receivina area Custodial Room 2 50 100 Suoolies and eauioment Pre-Op Storaoe 1 80 80 Pre-OP Clean Linen Suoolv 1 60 60 Post -OP Soiled Utility 1 150 150 Hooper Post - OP Clean Utility 1 80 80 Equipment storaae 1 500 500 Medical eauiDment and supplies Receivino 1 120 120 SUDolv entrance, blood staoino area (SUbtotal Net useable areas 14119 Mechanical Room 1 3,000 3,000 Penthouse Electrical Room 1 150 150 On main floor IT 1 120 120 Can be in oenthouse Subtotal Net Square Feet 01 Center 158 117 389 Grossino Factor 39% 6848 walls stairs and circulation Net to Gross 28% Total Gross Sauare Feet 01 Center I 24 237 Total '.-:-<:>r,rn~r('''' C"n....r 3?'i F. \'i,,",~~in3'Dn :SIJb<l'o .1OO ro 88>: ??_~P, icw'J (';...,. :Ar,?:2.1.1-2?~-0; T",I: 319_].3A931, F,,~: 31933,0. ?O,7? """"""" ~~ . '"""'" .,.",,, ....... 1 r, . , II II 0Pt:l-''IY'Ia ~ r, r, .. .. II I I , P ,r ~~ ~r::- ~ ~ - - IOWA CITY AMBULATORY SURGERY CENTER SCAlf, r, . , " , I ~~ I51!J r, , , II II ~~ ~ r, . , II , I '=~ ~ PLAN ffi Consultants; -- She.t Title: CONS1RUCTlON PLAN Issue Date: -- - - - - - - - - - - - - - - - - - - - - - DrownS,: Choc'.dB,: Sheel Number: A1.0 .~I~~T~ MERCY AMBULATORY SURGERY CENTER Iowa City, Iowa RAPe Project Number. 0718 r? ROHRBACH ASSOCIATES PC ARCHITECTS C......rc.C...ur 325.E.W..hlnBle. S"lh4~O P.D.BuU3. 1...eh,.I...S22.. ht31'3U'311 Fu:31.3UB.T2 E-I.hl~.....,. b....d - .... ..... 1 IOWA CITY AMBULATORY SURGERY CENTER SCAlf, PLAN ED "E"'"'''' ~~ . W~ ,~, ....... r, II II I r ~~ ~ r, il II " oJ-r:n4G '8ID r, II II " QPE;.JlJ'!G ~ r, il I I , r 0Pt:~~ ~ r, II II , , ~~~ ~ r, I I , , ./ '=~ ~ COflsulhJlts: -- She.t Title: CONSTRUCTION PlAN IS'UB Olle; -- - - - - - - - - - - - - - - - - - - - - Dr.lO'nBy: Check.dB,: Sheet Number: A1.0 .~E~~T~ MERCY AMBULATORY SURGERY CENTER Iowa City. Iowa RAPe ProJect Number: 0718 I? ROHRBACH ASSOCIATES PC ARCH ITEeTS Co","'erc.C.nt., 325i........hlnllhll SulU400 P.o.S...22U ID~:tC~?iIIDI..',532':144 Fe1C3ff331U72 1E-U.lt.......Ab...<I - . Project Name: Project Address: Yes ? No LEED for New Construction v2.2 Registered Project Checklist ElIIII Sustainable Sites 14 Points a 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Prereq 1 Credit 1 Credit 2 Credit 3 Credit 4.1 Credit 4.2 Credit 4.3 Credit 4.4 Credit 5.1 Credit 5.2 Credit 6.1 Credit 6.2 Credit 7.1 Credit 7.2 Credit 8 Yes ? No Construction Activity Pollution Prevention Site Selection Development Density & Community Connectivity Brownfield Redevelopment Alternative Transportation, Public Transportation Access Alternative Transportation, Bicycle Storage & Changing Rooms Alternative Transportation, Low-Emitting & Fuel-Efficient Vehicles Alternative Transportation, Parking Capacity Site Development, Protect or Restore Habitat Site Development, Maximize Open Space Stormwater Design, Quantity Control Stormwater Design, Quality Control Heat Island Effect, Non-Roof Heat Island Effect, Roof Light Pollution Reduction Required 1 1 1 1 1 1 1 1 1 1 1 1 1 1 EI.II Water Efficiency 5 Points a Credit 1.1 1 Credit 1 .2 1 Credit 2 1 Credit 3.1 1 Credit 3.2 Water Efficient Landscaping, Reduce by 50% Water Efficient Landscaping, No Potable Use or No Irrigation Innovative Wastewater Technologies Water Use Reduction, 20% Reduction Water Use Reduction, 30% Reduction IIDII Energy & Atmosphere 17 Points 'Note for EAcl: All LEED lor New Conslruction projects registered after June 26"" 2007 are required 10 achieve at least two (2) points under EAc I. LJ I 3 I 6lCredit 1 0 timize Energy Performance 1 to 10 1 10.5% New Buildings or 3.5% Existing Building Renovations 1 14% New Buildings or 7% Existing Building Renovations 2 17.5% New Buildings or 10.5% Existing Building Renovations 3 21% New Buildings or 14% Existing Building Renovations 4 24.5% New Buildings or 17.5% Existing Building Renovations 5 28% New Buildings or 21 % Existing Building Renovations 6 31.5% New Buildings or 24.5% Existing Building Renovations 7 35% New Buildings or 28% Existing Building Renovations 8 38.5% New Buildings or 31.5% Existing Building Renovations 9 42% New Buildings or 35% Existing Building Renovations 10 On-Site Renewable Energy 1 to 3 ~2.5% Renewable Energy 1 7.5% Renewable Energy 2 12.5% Renewable Energy 3 Enhanced Commissioning 1 Enhanced Refrigerant Management 1 Measurement & Verification 1 Green Power 1 I Prereq 1 Prereq 2 Prereq 3 I 3 1 Credit 2 gcredit3 1 Credit 4 1 Credit 5 1 Credit 6 Fundamental Commissioning of the Building Energy Systems Minimum Energy Performance Fundamental Refrigerant Management Required Required Required Yes ? No 111111 Materials & Resources 13 Points Prereq 1 Credit 1.1 Credit 1.2 Credit 1.3 Credit 2.1 Credit 2.2 Credit 3.1 Credit 3.2 Credit 4.1 Credit 4.2 CreditS.1 Credit S.2 Credit 6 Credit 7 n 1 1 1 1 1 1 1 1 1 1 1 1 1 Yes ? No Storage & Collection of Recyclables Building Reuse, Maintain 75% of Existing Walls, Floors & Roof Building Reuse, Maintain 100% of Existing Walls, Floors & Roof Building Reuse, Maintain 50% of Interior Non-Structural Elements Construction Waste Management, Divert 50% from Disposal Construction Waste Management, Divert 75% from Disposal Materials Reuse, 5% Materials Reuse,1 0% Recycled Content, 10% (post-consumer + % pre-consumer) Recycled Content, 20% (post-consumer + V2 pre-consumer) Regional Materials, 10% Extracted, Processed & Manufactured Regional Regional Materials, 20% Extracted, Processed & Manufactured Regional Rapidly Renewable Materials Certified Wood Required 1 1 1 1 1 1 1 1 1 1 1 1 1 Imllll Indoor Environmental Quality 15 Points 1 1 1 1 1 1 1 1 Prereq 1 Prereq 2 Credit 1 Credit 2 Credit 3.1 Credit 3.2 Credit 4.1 Credit 4.2 Credit 4.3 Credit 4.4 CreditS Credit 6.1 Credit 6.2 Credit 7.1 Credit 7.2 1 Credit 8.1 1 Credit 8.2 Yes ? No Minimum IAQ Performance Environmental Tobacco Smoke (ETS) Control Outdoor Air Delivery Monitoring Increased Ventilation Construction IAQ Management Plan, During Construction Construction IAQ Management Plan, Before Occupancy Low-Emitting Materials, Adhesives & Sealants Low-Emitting Materials, Paints & Coatings Low-Emitting Materials, Carpet Systems Low-Emitting Materials, Composite Wood & Agrifiber Products Indoor Chemical & Pollutant Source Control Controllability of Systems, Lighting Controllability of Systems, Thermal Comfort Thermal Comfort, Design Thermal Comfort, Verification Daylight & Views, Daylight 75% of Spaces Daylight & Views, Views for 90% of Spaces Required Required 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 111111 Innovation & Design Process 5 Points I Credit 1.1 1 Credit 1 .2 1 Credit 1.3 1 Credit 1.4 1 Credit 2 Yes ? No Innovation in Design: Provide Specific Title Innovation in Design: Provide Specific Title Innovation in Design: Provide Specific Title Innovation in Design: Provide Specific Title LEEDe Accredited Professional mmm Project Totals (pre-certification estimates) 69 POints Certified: 26-32 points, Silver: 33-38 points, Gold: 39-51 points, Platinum: 52-69 point! draft - draft - draft - draft - draft AGREEMENT FOR PRIVATE REDEVELOPMENT By and Between THE CITY OF IOWA CITY, IOWA AND IOWA CITY AMBULATORY SURGICAL CENTER, L.L.C. draft - draft - draft - draft - draft AGREEMENT FOR PRIV A TE REDEVELOPMENT THIS AGREEMENT FOR PRIVATE REDEVELOPMENT (hereinafter called "Agreement"), is made on or as of the day of ,2007, by and among 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, 2007, as amended (hereinafter called "Urban Renewal Act") and Iowa City Ambulatory Surgical Center, L.L.C., having an office for the transaction of business at 2419 Northgate St., Iowa City, Iowa 52240 (the "Developer"). WITNESSETH: WHEREAS, in furtherance of the objectives of the Urban Renewal Act, the City has undertaken a program for the creation 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 Northgate Corporate Park Urban Renewal Plan Area, which area is described in the Urban Renewal Plan approved for such area by Resolution No. 99-111 adopted April 6, 1999; and WHEREAS, a copy of the foregoing Urban Renewal Plan has been recorded among the land records in the office of the Recorder of Johnson County, Iowa; and WHEREAS, the Developer owns or has the right to acquire certain real property located in the foregoing Urban Renewal Area as more particularly described in Exhibit A attached hereto and made a part hereof (which property as so described is hereinafter referred to as the "Development Property"); and WHEREAS, the Developer will acquire the Development Property and cause an ambulatory surgery center to be constructed on the Development Property in accordance with this Agreement; and WHEREAS, the City believes that the development of the 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 the - 1 - dmft-dmft-dmft-dmft-dmft applicable State and local laws and requirements under which the foregoing project has been undertaken and is being assisted. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: ARTICLE I. 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. Certificate of Completion means a certification in the form of the certificate attached hereto as Exhibit C and hereby made a part of this Agreement, provided to the Developer pursuant to Section 3.4 of this Agreement. City means the City of Iowa City, Iowa, or any successor to its functions. Code means the Code of Iowa, 2007, as amended. Construction Plans means the plans, specifications, drawings and related documents reflecting the construction work to be performed by the Developer on the Development Property; the Construction Plans shall be as detailed as the plans, specifications, drawings and related documents which are submitted to the building inspector of the City as required by applicable City codes. County means the County of Johnson, Iowa. Developer means Iowa City Ambulatory Surgical Center, L.L.C., an Iowa limited liability corporation. Development Property means that portion of the Northgate Corporate Park Urban Renewal Plan Area of the City described in Exhibit A hereto. Economic Development Grants mean the Tax Increment payments to be made by the City to the Developer under Article VIII of this Agreement. - 2 - draft - draft - draft - draft - draft Event of Default means any of the events described in Section 10.1 of this Agreement. First Mortgage means any Mortgage granted to secure any loan made pursuant to either a mortgage commitment obtained by the Developer from a commercial lender or other financial institution to fund any portion of the construction costs and initial operating capital requirements of the Minimum Improvements, or all such Mortgages as appropriate. Minimum Improvements shall mean the construction of improvements together with all related site improvements as outlined in Exhibit B hereto. Minimum Improvements shall not include increases in assessed or actual value due to market factors. Mortgage means any mortgage or security agreement in which the Developer has granted a mortgage or other security interest in the Development Property, or any portion or parcel thereof, or any improvements constructed thereon. IOWA CITY AMBULATORY SURGICAL CENTER. L.L.C. - TIF Account means a separate account within the Northgate Corporate Park Urban Renewal Tax Increment Revenue Fund of the City, in which all Tax Increments received by the City with respect to the Minimum Improvements shall be deposited. 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 V of this Agreement and remaining after deducting all expenses (including fees and disbursements of counsel) incurred in the collection of such proceeds. Northgate Corporate Park 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 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 Project Area. - 3 - draft - draft - draft - draft - draft Ordinance means Ordinance No. 99-3879 of the City, under which the taxes levied on the taxable property in the Project Area shall be divided and a portion paid into the Northgate Corporate Park Urban Renewal Area Tax Increment Revenue Fund. Proiect shall mean the construction and operation of the Minimum Improvements on the Development Property, as described in this Agreement. State means the State of Iowa. Tax Increments means the property tax revenues with respect to the Minimum Improvements that are divided and made available to the City for deposit in the Northgate Corporate Park Urban Renewal Tax Increment Revenue Fund under the provisions of Section 403.19 of the Code and the Ordinance. Termination Date means the date of termination of this Agreement, as established in Section 12.8 of this Agreement. 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 Northgate Corporate Park Urban Renewal Area, described in the preambles hereof. -4- draft - draft - draft - draft - draft 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 and carry out its obligations hereunder. (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) 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 own 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. ( 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 certificate of incorporation and bylaws of Developer or its parents or subsidiaries of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to - 5 - draft - draft - draft - draft - draft 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. ( e) Developer has not received any notice from any local, State for federal official that the activities of Developer with respect to the Development Property mayor will be in violation of any environmental law or regulation (other than those notices, if any, of which the City has previously been notified in writing). Developer is not currently aware of any State or federal claim filed or planned to be filed by any party relating to any violation of any local, State or federal environmental law, regulation or review procedure applicable to the Development Property, and Developer is not currently aware of any violation of any local, State or federal environmental law, regulation or review procedure which would give any person a valid claim under any State or federal environmental statute with respect thereto. (t) Developer will fully cooperate with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Minimum Improvements. (g) Developer would not undertake its obligations under this Agreement without the payment by the City of the Economic Development Grants being made to the Developer pursuant to this Agreement. (h) The Developer will cause the Minimum Improvements to be constructed in accordance with the terms of this Agreement and when constructed will comply with the Urban Renewal Plan and all local, State and federal laws and regulations, except for variances that may be necessary to construct the Minimum Improvements. (i) The Developer will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, State, and federal laws and regulations which must be obtained or met in connection with the Project. - 6- drnft-drnft-drnft-drnft-drnft G) The construction of the Minimum Improvements requires a total investment of not less than $5,000,000. ARTICLE III. DEVELOPMENT AND JOB CREATION REQUIREMENT Section 3 .1. Minimum Improvements. The Developer agrees to complete Minimum Improvements generally consisting of the construction of a new 20,000 square foot building to house the operating rooms and support areas, all as more fully described on Exhibit B hereto. Construction of the Minimum Improvements shall commence no later than May 1, 2008 and shall be completed by May 1,2009. The new building will include at least four operating rooms and related support areas. The construction of the Minimum Improvements must increase the actual assessed value of the Development Property by at least 15% over the actual assessed value as of January 1,2007. Section 3.2. Job Creation Developer will create and maintain, until the termination date of this agreement, at least twenty (20) Full Time Employment (FTE) units that will pay an hourly wage equal to at least $20.00 per hour. In addition, Developer will provide these positions with competitive benefits. An FTE unit means the equivalent of the employment of one (1) person for eight (8) hours per day for a five (5) day, forty (40) hour workweek for fifty- two (52) weeks per year. Section 3.3. Energy Efficiency. Developer shall obtain LEED certification on the completed minimum improvements prior to the issuance of a Certificate of Completion for such minimum improvements or any discrete portion thereof. Section 3.4. Certificate of Completion. Upon written request of the Developer after issuance of an occupancy permit for the Minimum Improvements, or any discreet portion thereof, the City will furnish the - 7 - drnft-drnft-drnft-drnft-drnft Developer with a Certificate of Completion for such portion in recordable form, in substantially the form set forth in Exhibit C attached hereto. Such Certificate of Completion shall be a conclusive determination of satisfactory termination of the covenants and conditions of this Agreement with respect to the obligations of the Developer to construct the Minimum Improvements or any discrete portion thereof. A Certificate of Completion may be recorded in the proper office for the recordation of deeds and other instruments pertaining to the Development Property at the Developer's sole expense. If the City shall refuse or fail to provide a Certificate of Completion in accordance with the provisions of this Section 3.4, the City shall within twenty (20) days after written request to the Developer, provide the Developer with a written statement indicating with adequate detail, in what respects the Developer has failed to complete the Minimum Improvements in accordance with the provisions of this Agreement, or is otherwise in default under the terms of this Agreement, and what measures or acts will be necessary, in the opinion of the City, to obtain such Certificate of Completion. ARTICLE IV. RESERVED ARTICLE V. INSURANCE Section 5.1. Insurance Requirements. (a) Upon completion of construction of the Minimum Improvements and at all times prior to the Termination Date, the Developer shall maintain, or cause to be maintained, at its sole 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 Minimum Improvements under a policy or policies covering such risks as are ordinarily insured through property policies against by similar businesses, including (without limitation due to 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 Minimum Improvements, but any such policy may have a deductible amount of not more than $250,000. 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 Minimum - 8 - draft - draft - draft - draft - draft Improvements (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 Development Property, in the minimum amount for each occurrence and for each year of $1,000,000. (Hi) 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. (b) All insurance required by this Article V 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 of Iowa 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 full force and effect. Unless otherwise provided in this Article V, 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 V, or that there is no necessity therefor 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 Minimum Improvements. (c) The Developer agrees to notify the City immediately in the case of damage exceeding $250,000 in amount to, or destruction of, the Minimum Improvements or any portion thereof resulting from fire or other casualty. Net Proceeds of any such insurance - 9- draft - draft - draft - draft - draft shall be paid directly to the Developer, and the Developer will forthwith repair, reconstruct and restore the Minimum Improvements 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. (d) The Developer shall complete the repair, reconstruction and restoration of the Minimum Improvements in a timely manner, whether or not the Net Proceeds of insurance received by the Developer for such purposes are sufficient. ARTICLE VI. COVENANTS OF THE DEVELOPER Section 6.1. Maintenance of Properties. The Developer will maintain, preserve and keep its properties (whether owned in fee or a leasehold interest), including but not limited to the Minimum Improvements, in good repair and working order, ordinary wear and tear excepted, and from time to time will make all necessary repairs, replacements, renewals and additions. Section 6.2. 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 and transactions of or in relation to the business and affairs of the Developer 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 6.3. Compliance with Laws. The Developer will comply with all laws, rules and regulations relating to the Minimum Improvements, 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 6.4. Non-Discrimination. In operating the Minimum Improvements, the Developer shall not discriminate against any applicant, employee, person or tenant because of race, creed, color, religion, sex, national origin, sexual orientation, age, disability, marital status or gender identity. The Developer shall ensure that applicants, employees, persons and tenants are considered and are treated without regard to their - 10- draft - draft - draft - draft - draft race, creed, color, religion, sex, national origin, sexual orientation, age, disability, marital status or gender identity. Section 6.5. Continued Operation and Employment. Commencing upon the execution of the Agreement, the Developer agrees that it will operate an ambulatory surgery center, employing at least twenty (20) full time equivalent (FTE) employees, and will continue operation of this building and center until at least the Termination Date set forth in Section 12.8 thereof. Section 6.6. 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 Tax Increments (as defined in Section 1.1 of this Agreement) in respect of the Minimum Improvements (excluding increases in assessed or actual value due to market factors) for the following fiscal year; (b) proof that all ad valorem taxes on the Development Property have been paid for the prior fiscal year; (c) documentation in the form of payroll records evidencing compliance with the jobs creation portion of this agreement outlined in section 3.2; and (d) 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. Such statement, proof and certificate shall be provided not later than November I of each year, commencing November 1,2009, and ending on November 1, 2011 both dates inclusive. Upon certification by the Developer on or before November 1, 2009, the City will.certify to establish a base value as of January 1,2007. ARTICLE VII. ASSIGNMENT AND TRANSFER Section 7.1. 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 existence as an adequately capitalized corporation and will not wind up or otherwise dispose of all or substantially - 11 - draft - draft - draft - draft - draft all of the Development Property and Minimum Improvements, or assign its interest in this Agreement to any other party unless (i) the transferee partnership, corporation, limited liability company or individual assumes in writing all of the obligations ofthe Developer under this Agreement and (ii) the City consents thereto in writing in advance thereof. Notwithstanding the foregoing, however, or any other provisions ofthis Agreement, (a) Developer may transfer its interest in and to this Agreement to any affiliate which is controlled by, under common control with, or controls Developer or to any entity that acquires all or substantially all of the assets of the Developer or to any corporate successor to Developer by consolidation, merger, or otherwise, and (b) the Developer may (1) pledge any and/or all of its assets as security for any financing of the Minimum Improvements; (2) assign its rights under this Agreement to a third party, provided such assignment shall not release the Developer of its obligations hereunder, and the City agrees in writing that Developer may assign its interest under this Agreement for such purpose; and (3) the Developer may transfer its ownership interest to a third-party under an arrangement whereby Developer will lease the Development Property back and continue to satisfy the requirements of this Agreement. ARTICLE VIII. ECONOMIC DEVELOPMENT GRANTS Section 8.1. Economic Development Grants. ( a) For and in 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 Project Area and the Urban Renewal Act, the City agrees to provide three (3) annual grants to the Developer, subject to the Developer having received a Certificate of Completion and being and remaining in compliance with the terms of this Agreement and subject to the terms of this Article VIII. The annual grants shall commence on June 1,2011 and end on June 1,2013, and the total of all grants shall not exceed $600,000. Each of the three (3) annual grants shall be equal to one hundred percent (100%) per fiscal year of the Tax Increments collected by the City with respect to the Minimum Improvements on the Development Property pursuant to Section 403.9 of the Urban Renewal Act under the terms of the Ordinance (without regard to any averaging that may otherwise be utilized under Section 403.19(6) and excluding any interest that may accrue thereon prior to payment to the Developer) during the preceding twelve-month period in respect of the Development Property and the Minimum Improvements, but subject to adjustment and conditions precedent as provided in this Article (such payments being referred to collectively as the "Economic Development Grants"). (b) The obligation of the City to make an Economic Development Grant to the Developer in any year as specified above shall be subject to and conditioned upon the - 12 - draft - draft - draft - draft - draft timely filing by the Developer of all previous annual statements, proofs and certifications required under Section 6.6 hereof and the City Manager's approval thereof. Beginning with the November 1,2009 certification, if the Developer's annual statement, proof and certification is timely filed and contains the information required under Section 6.6 and the City Manager 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 the following fiscal year. (For example, if the Developer and the City each so certify on November and December 2009, respectively, the first Economic Development Grant would be paid to the Developer on June 1, 2011). (c) In the event that the annual statement, proof or certification required to be delivered by the Developer under Section 6.6 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 Economic Development Grant may be made to the Developer in respect thereof and said Economic Development Grant may be forfeited for that particular fiscal year. (d) The total, aggregate amount of all Economic Development Grants under this Agreement shall not exceed $600,000. Each Economic Development Grant shall be equal to one hundred percent (100%) of all Tax Increments collected per fiscal year in respect of the assessments imposed on the Development Property and Minimum Improvements as of January 1, 2009, and on January 1 of each of the following three (3) years, until the total, aggregate of all such Economic Development Grants equals no more than the sum total of $600,000. The final grant shall be adjusted, if necessary, if payment of 100% of Tax Increments for that grant would result in total, aggregate Economic Development Grants in an amount exceeding $600,000. Such Economic Development Grants shall at all times be subject to termination in accordance with the terms of this Article VIII and Article X. Thereafter, the taxes levied on the Development Property and Minimum Improvements shall be divided and applied in accordance with the Urban Renewal Act and the Ordinance. It is recognized by all parties that the total aggregate amount set forth above is a maximum amount only and that the actual payment amounts will be determined after the Minimum Improvements are completed and the valuations of said Improvements have been determined by the City Assessor. (e) In the event that any certificate filed by the Developer under Section 6.6 or other information available to the City discloses the existence or prior occurrence of an - 13 - draft - draft - draft - draft - draft Event of Default that was not cured or cannot reasonably be cured under the provisions of Section 10.2 (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 10.2), the City shall have no obligation thereafter to make any further payments to the Developer in respect of the Economic Development Grants and may proceed to take one or more of the actions described in Section 10.2 hereof. Section 8.2. Source of Grant Funds Limited. (a) The Economic Development Grants shall be payable from and secured solely and only by amounts deposited and held in the IOWA CITY AMBULATORY SURGICAL CENTER. L.L.C. - TIF Account of the City. The City hereby covenants and agrees to maintain the Ordinance in force during the term hereof and to apply the incremental taxes collected in respect of the Minimum Improvements and allocated to the IOWA CITY AMBULATORY SURGICAL CENTER. L.L.C. - TIF Account to pay the Economic Development Grants, as and to the extent set forth in Section 8.1 hereof. The 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. (b) Notwithstanding the provisions of Section 8.1 hereof, the City shall have no obligation to make an Economic Development Grant to the Developer if at any time during the term hereof the City receives an opinion of its legal counsel to the effect that the use of Tax Increments resulting from the Minimum Improvements to fund an Economic Development Grant to the Developer, as contemplated under said Section 8.1, 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, as then constituted, or under a controlling decision of an Iowa court having jurisdiction over the subject matter hereof. Upon receipt of such an opinion or controlling decision by an Iowa court, the City shall promptly forward a copy of the same to the Developer. If the circumstances or legal constraints giving rise to the opinion or controlling decision continue for a period during which two (2) Economic Development Grants would otherwise have been paid to the Developer under the terms of Section 8.1, 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 the 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 the IOWA CITY AMBULATORY SURGICAL CENTER. L.L.C. - TIF Account (regardless of the amounts thereof) to the - 14 - drnft-drnft-drnft-drnft-drnft payment of the Economic Development Grants to the Developer, as and to the extent described in this Article. Section 8.3. Use of Other Tax Increments. Subject to this Article VIII, the City shall be free to use any and all Tax Increments collected in respect of increases in valuation on the Development Property unrelated to construction of the Minimum Improvements (i.e. increases in assessed or actual value due to market factors) any other properties within the Project Area, or any available Tax Increments resulting from the suspension or termination of the Economic Development Grants under Section 8.1 hereof, 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. ARTICLE IX. INDEMNIFICATION Section 9.1. 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 IX, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees 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 at or about or resulting from any defect in the Minimum Improvements. (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 covenant, term or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by the Developer against the City to enforce its rights under this Agreement), (ii) the acquisition and condition of the Development Property and the construction, installation, ownership, and operation of the Minimum Improvements or (Hi) any hazardous substance or environmental contamination located in or on the Development Property relating to conditions caused by Developer after the effective date of this Agreement. - 15 - draft - draft - draft - draft - draft (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 or employees or any other person who may be about the Minimum Improvements 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 their individual capacity thereof. ( e) The provisions of this Article IX shall survive the termination of this Agreement. ARTICLE X. DEFAULT AND REMEDIES Section 10.1. 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, anyone or more of the following events: (a) Failure by the Developer to cause the construction of the Minimum Improvements to be commenced and completed pursuant to the terms, conditions and limitations of Article III of this Agreement; (b) Transfer of any interest in this Agreement or the assets of the Developer in violation of the provisions of Article VII of this Agreement; (c) Failure of the Developer to provide and maintain, until the termination date of this agreement as outlined in Section 12.8, the requisite jobs outlined in Section 3.2; (d) 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; (e) The holder of any Mortgage on the Development Property, or any improvements thereon, or any portion thereof, commences foreclosure proceedings as a result of any default under the applicable Mortgage documents; (f) If the Developer shall: - 16- drnft-drnft-drnft-drnft-drnft (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 (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 (g) If 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 10.2. Remedies on Default. Whenever any Event of Default referred to in Section 10.1 of this Agreement occurs and is continuing, the City, as specified below, may take anyone or more of the following actions after (except in the case of an Event of Default under subsections (e) or (t) of said Section 10.1 in which case action may be taken immediately) 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: - 17 - draft - draft - draft - draft - draft ( 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 withhold the Certificate of Completion; (d) 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 may be, under this Agreement; or (e) The City shall be entitled to recover from the Developer, and the Developer shall re-pay to the City, an amount equal to the most recent Economic Development Grant previously made to the Developer under Article VIII hereof, and the City may take any action, including any legal action it deems necessary, to recover such amount from the Developer. In the event that the City prevails in recovering the most recent Economic Development Grant previously made to the Developer under Article VIII hereof, the City shall also be entitled to recover attorney fees from the Developer. Section 10.3. 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 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 lOA. 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 10.5. Agreement to Pay Attorneys' Fees and Expenses. Whenever any Event of Default occurs and the party who is not in default 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 party in - 18 - draft - draft - draft - draft - draft default herein contained, the party in default agrees that it shall, on demand therefor, pay to the party not in default the reasonable fees of such attorneys and such other expenses as may be reasonably and appropriately incurred by the party not in default in connection therewith. ARTICLE XI. OPTION TO TERMINATE AGREEMENT Section 11.1. Option to Terminate. This Agreement may be terminated by the Developer if (i) the Developer is in compliance with all material terms of this Agreement and no Event of Default has occurred which has not been cured in accordance with the provisions of Section 10.2 hereof; and (ii) the City fails to comply with any material term of this Agreement, and, after written notice by the Developer of such failure, the City has failed to cure such noncompliance within ninety (90) days of receipt of such notice, or, if such noncompliance cannot reasonably be cured by the City within ninety (90) days of receipt of such notice, the City has not provided assurances reasonably satisfactory to the Developer that such noncompliance will be cured as soon as reasonably possible. Section 11.2. Effect of Termination. If this Agreement is terminated pursuant to this Article XI, this Agreement shall be from such date forward null and void and of no further effect; provided, however, that the City's rights to indemnification under Article IX hereof shall in all events survive and provided further that the termination of this Agreement shall not affect the rights of any party to institute any action, claim or demand for damages suffered as a result of breach or default of the terms of this Agreement by another party, or to recover amounts which had accrued and become due and payable as of the date of such termination. In any such action, the prevailing party shall be entitled to recover its reasonable attorneys fees and related expenses incurred in connection therewith (but only, in the case of recovery of such fees against the City, to the extent permitted by applicable law). Upon termination of this Agreement pursuant to this Article XI, the Developer shall be free to proceed with the construction and operation of the Minimum Improvements at its own expense and without regard to the provisions of this Agreement. - 19 - draft - draft - draft - draft - draft ARTICLE XII. MISCELLANEOUS Section 12.1. 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 a decision-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 12.2. 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 2419 Northgate St, Iowa City, Iowa 52240. (b) In the case of the City, is addressed to or delivered personally to the City at the Iowa City City Hall, 410 E. Washington Street, Iowa City, Iowa, 52240, Attn: City Manager; or to such other designated individual or to such other address as any party shall have furnished to the other in writing in accordance herewith. Section 12.3. 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 12.4. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 12.5. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Iowa. - 20- draft - draft - draft - draft - draft Section 12.6. 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 12.7. 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 12.8. Termination Date. This Agreement shall terminate and be of no further force or effect on and after December 31, 2011. 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 Iowa City Ambulatory Surgical Center, L.L.C. (SEAL) CITY OF IOWA CITY, IOWA By: Mayor - 21 - drnft-drnft-drnft-drnft-drnft ATTEST: By: City Clerk IOWA CITY AMBULATORY SURGICAL CENTER. L.L.C. By: ATTEST: By: (title) STATE OF IOWA ) ) SS COUNTY OF ) On this day of ,2007, before me a Notary Public in and for said County, personally appeared Ross Wilburn and Marian 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 - 22- draft - draft - draft - draft - draft STATE OF ) ) SS COUNTY OF ) On this day of , 2007, 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 Iowa City Ambulatory Surgical Center, L.L.c., and that said instrument was signed on behalf of said corporation; 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 and State - 23 - draft - draft - draft - draft - draft 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: LEGAL DESCRIPTION Lot 12, Highlander Development Third Addition, Iowa City, Iowa, according to the plat thereof recorded in Book 44, Page 215, Plat Records of Johnson County, Iowa. EXHIBIT B MINIMUM IMPROVEMENTS The Developer agrees to complete Minimum Improvements generally consisting of the construction of a new 20,000 square foot building to house the operating rooms and support areas. The new building will include four to six operating rooms and related support areas. The construction of the Minimum Improvements must increase the actual assessed value of the Development Property by at least 15% over the actual assessed value on January 1,2007. A-I draft - draft - draft - draft - draft EXHIBIT C CERTIFICATE OF COMPLETION WHEREAS, the City of Iowa City, Iowa (the "City") and IOWA CITY AMBULATORY SURGICAL CENTER, L.L.C. having an office for the transaction of business at 2419 Northgate St., Iowa City, Iowa 52240 (the "Developer"), did on or about the day of , 2007, make, execute and deliver, each to the other, an Agreement for Private Redevelopment (the "Agreement"), wherein and whereby the Developer agreed, in accordance with the terms of the Agreement, to develop and maintain certain real property located within the City and as more particularly described as follows: LEGAL DESCRIPTION Lot 12, Highlander Development Third Addition, Iowa City, Iowa, according to the plat thereof recorded in Book 44, Page 215, Plat Records of Johnson County, Iowa. WHEREAS, the Agreement incorporated and contained certain covenants and restrictions with respect to the development of the Development Property, and obligated the Developer to construct certain Minimum Improvements (as defined therein) in accordance with the Agreement; and WHEREAS, the Developer has to the present date performed said covenants and conditions insofar as they relate to the construction of said Minimum Improvements in a manner deemed by the City to be in conformance with the approved building plans to permit the execution and recording of this certification. NOW, THEREFORE, pursuant to Section 3.4 of the Agreement, this is to certify that all covenants and conditions of the Agreement with respect to the obligations of the Developer, and its successors and assigns, to construct the Minimum Improvements on the Development Property have been completed and performed by the Developer 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 Minimum Improvements on the Development Property. C-2 draft - draft - draft - draft - draft All other provisions of the Agreement, including but not limited to the job creation and retention requirements, shall otherwise remain in full force and effect until termination as provided therein. (SEAL) CITY OF IOWA CITY, IOWA By: Mayor ATTEST: By: City Clerk STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) On this day of ,2007, before me a Notary Public in and for said County, personally appeared Ross Wilburn and Marian 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 C - 3 Marian Karr rnJ From: Sent: To: Subject: maeryn-goldman@uiowa.edu Wednesday, September 12, 200710:04 AM Council event this thursday--Roosevelt Institution To the Iowa City City Council, I am writing you today to invite you to attend an event hosted by the Roosevelt Institution, a student run think tank, taking place tomorrow-Thursday, September Thirteenth at eight o'clock in the Lucas Dodge Room of the university of Iowa Memorial Union. We are hosting a panel discussion regarding the 21 ordinance that will be voted on this November. We will be having student speakers from both sides as well as members of the community. I hope that you will be interested in coming. Thank you, Maeryn Goldman Roosevelt Institution Events Coordinator 1 Page I of2 Marian Karr From: Phyllis Peters [ppeters@mediacomcc.com] Sent: Thursday, September 13, 2007 8:57 PM To: Council; Dale Helling; Ross Wilburn; Regenia Bailey; Amy Correia; Dee Vanderhoef Cc: 'Lee Grassley' Subject: C-SPAN Book TV; open house & tours at Iowa Memorial Union Attachments: Book TV in Iowa City.doc Greeting Mayor Wilburn and City officials - We at Mediacom want you to know about a special visit of the C-SPAN Book TV Bus. It will be in your community at the Iowa Memorial Union on Tuesday afternoon, Sept. 18, from noon to 3:00 pm. The media advisory below and attached provides more details. We're pleased that Mediacom, along with others in the cable industry, provide the support for the C-SPAN - a public affairs network that is commercial free and a service to the public. Several non-fiction authors will be interviewed by the Book TV team during the bus visit - and the public is invited for tours at any time. We especially hope to engage students to make them aware of this resource. In separate e-mail notes, weare notifying Drew Shaffer and the staff of your city's library. People with a passion for authors and nonfiction books will enjoy this open house event, so please feel free to share the word with people you know. If time permits for you, please stop by. Thank you. / Lee Grassley and Phyllis Peters at Mediacom Communications MEDIACOM BRINGS THE C-SPAN2 BOOK TV BUS TO IOWA CITY Interactive, mobile "Television Studio on Wheels" to stop at Iowa Memorial Union WASHINGTON, D.C., (September, 142007) - C-SP AN2's Book TV Bus will be open for tours and presentations at the University ofIowa, on Tuesday September, 18th from Noon to 3:00 pm. The Book TV Bus will be parked at the Iowa Memorial Union. Mediacom Communications is hosting the visit to give students, faculty and area residents an inside look at this custom-built coach that is part of the public service programming offered by the non-profit C-SP AN Television Networks. A vehicle like no other, the Book TV Bus is a 45-foot coach that serves as a mobile television studio and multi- media demonstration center. Due to the national impact of the Iowa Caucuses, C-SP AN hopes to demonstrate to the students all of the valuable resources offered by the public affairs networks of C-SP AN, and specifically the 48 hours of nonfiction books aired every weekend on Book TV. "We invite the public to the Book TV 'Open House' to see how this network offers a comprehensive, in-depth look at the work being done by today's top nonfiction authors and their impact on policy matters and historical perspectives," said Doug Frank, Mediacom's regional vice president in Cedar Rapids. "C-SP AN programs are a contrast to a media environment based on sound bytes, and we're proud that Mediacom and the cable industry provide the support for this privately-funded network." While visiting the university, the Bus will also interview three members of University ofIowa family about their books for future Book TV programming. These authors include: . Linda Kerber - No Constitutional Right to Be Ladies: Women and the Obligations of Citizenship . Huston Diehl- Dream not of Other Worlds: Teaching in a Segregated Elementary School, 1970 9/1412007 Page 2 of2 . Joshua Casteel - former Abu Ghraib interrogator and Univ of Iowa MFA candidate Launched in September of2005, the Book TV Bus has since traveled through 41 states and 260 cities, hosting over 100,000 visitors. For more information on the Book TV Bus visit http://www.booktvbus.org or view video of our travels at http://www.myspace.comlbooktvbus. About Book TV Every weekend starting Saturday, 8 am to Monday, 8 am ET, Book TV airs 48 hours of non-fiction book programming on a variety of topics including history, biographies, politics, current events, and the media. Book TV features author interviews, readings, and panels at bookstores, libraries, and book festivals across the country. For more information, visit the Book TV Web site at www.booktv.org. About C-SP AN C-SPAN, the political network of record, was created in 1979 by America's cable companies as a public service. C-SP AN is currently available in 90 million households, C-SP AN2 in 82 million households, and C-SP AN3 in more than 12 million households nationwide. For more information about C-SP AN, visit www.c-span.org. Mediacom subscribers in the Iowa City and Cedar Rapids areas will find C-SP AN on channel 14 and C-SP AN2 on channel 77. ### Contacts: Scott Peterson, C-SP AN -- 0) 202-626-4360 or c) 202-309-3358 Phyllis Peters, Mediacom - 0) 515-246-2295 orc) 515-707-7148 9/14/2007 I ~~~; I MINUTES IOWA CITY BOARD OF ADJUSTMENT AUGUST 8TH, 2007 - 5:00 PM EMMA J HARV A THALL - IOWA CITY/CITY HALL PRELIMINARY CALL TO ORDER: Carol Alexander called the meeting to order at 5:00 PM. MEMBERS PRESENT: Carol Alexander, Michael Wright, Michele Payne, Ned Wood, Edgar Thornton STAFF PRESENT: Bob Miklo, Sarah Holecek OTHERS PRESENT: Jeff Digman RECOMMENDATION TO COUNCIL (becomes effective only after separate Council action): None. CONSIDERATION OF THE JULY 11.2007 MINUTES: Wright stated that on page 1, five lines up from the bottom of the first paragraph, where it states, "... where the current drive entrance now sites." It should be "sits." Payne noted that in the next paragraph, fourth line up from the bottom, where it states, "... why a curb cut would be aloud..." - this should be "allowed." She then said that two lines up from this, where it states, "Neighbors wondered why so the location is so far..." - the first "so" should be deleted to make it read better. Payne also noted that in the same line as the "aloud" change, it states "Rohret" and this should probably be "Rohret Road." Payne then stated that on the top of page 2, where it says, "... drivers are attempting to pull off into driveway." There should be the word "a" before driveway. Wright noted that since these minutes are legal records, he feels they should be cleaned up as best they can. He then noted that on the bottom of page 2, very last line where it states, "Schaeffer said that it's important that the 18-month extension is important..." - one of the words "important" needs to be eliminated. He suggested keeping". . . the 18-month extension is important for the church." Wright then asked Holecek about the Motion at the bottom of page 3, "Also, Wright moved..." - and if this was okay as typed. Holecek stated it was. MOTION: Wright moved to approve the July 11, 2007 minutes as amended. Payne seconded the motion. The motion was approved 5:0 Board of Adjustment August 8, 2007 Page 2 Alexander began by reading an opemng statement for the Iowa City Board of Adjustment. EXC07-00006: Discussion of an application submitted by Hieronymus Square Associates for a special exception to allow private, underground off-street parking in the CB-I0 zone for property located at 314 and 328 South Clinton Street. Miklo stated that with the Board's permission, he would give an abbreviated staff report on this application, as the applicants are the only ones present at the meeting, and the Board Members have all had time to review the application. The Board agreed to an abbreviated report. Miklo began by showing those present the exact map location of this project. He stated that the first floor of the building is L-shaped, and then there is a passageway that allows vehicles to enter the parking area, a valet drop-off or delivery area, and other short-term loading spots. The parking would be totally underground, with Burlington Street to the north and Clinton Street to the west. The entrance to the parking lot would be from the Court Street Transportation Center, so there will not be an actual physical entrance to this underground parking from the streets that border this property. Motorists will have to enter the Transportation Center from Dubuque Street. Miklo showed various depictions of this. He further stated that this parking area would be for residents who have purchased or leased a dwelling on the upper floors. Miklo then showed the Board an illustration of what the building will look like from Burlington and Clinton Streets. He stated that the first several floors of this building will be commercial, with the upper levels being residential. He noted that there is a vehicle entrance from Clinton Street that will allow the delivery and drop-off areas, in the center of the block. Payne asked for clarification on the "split" area of this building. Miklo further explained the layout and the areas in question. He further stated that a possible tenant in this building would be a hotel. In terms of the reasons why this exception is in front of the Board, Miklo stated that the Zoning Code specifies in CB-l 0, downtown district, that private parking be given a lot of scrutiny. He further explained the reasons behind this. He stated that it is the policy of the City to provide public parking downtown in order to be able to direct traffic, not interfering with pedestrian mobility downtown, and also allows control of the supply of parking. However, Miklo stated that the Code does allow an exception for this. The criteria for this exception is that the applicant must demonstrate that there is a need for this parking, which Miklo stated the applicant has done. He stated that most of the development in the CB-IO zone is for commercial properties, with residential slowly being brought in. The nature of residential parking, therefore, is different than commercial needs, Miklo stated. He further stated that this long-term parking is more difficult for the City to accommodate, which he stated is why the staff and Council agree that this development should have private parking with it. He stated that this would be beneficial to both the public and the developer. Miklo stated that this application certainly meets that test. Board of Adjustment August 8, 2007 Page 3 The other standards have to do more with the aesthetics of the parking, given that this will be completely underground and not visible to the public. Another concern is that parking not displace active retail, commercial uses, and again, he stated that since this is underground parking, it is not taking up land that could have otherwise been devoted to other uses. Miklo stated that staff believes this clearly meets the specific tests that the City looks for when considering private parking downtown. Also, as outlined in the staff report, Miklo states that it also meets the general test that is looked at for Special Exceptions. He stated that if the Members have any questions, he would be happy to try and answer them. Payne stated that on page 3, where it talks about number of parking spots per unit, she noticed that it states 3-bedroom units - 1 parking space, and she wondered if this shouldn't be 2. Miklo agreed, stating that this was an error. Payne further asked if there is an exact formula for the 200 parking spaces or more, to which Miklo stated that they do not know this yet as they do not know the exact number of units yet. Wood asked about the "tandem" parking spaces. Miklo explained that these are spaces one in front of another, and he pointed these out on a diagram for the Members. Payne asked if the tandem spots count as regular parking. Miklo stated they do not - that the developer does not get any credit for these spots being regular parking spaces. Thornton asked about spaces for disabled, and also the total number of spaces. He questioned if 80 parking spaces will be enough. Miklo stated that this is all that can be provided physically on this site, and that the other spaces will be via residents acquiring parking spaces in the Court Street Transportation Center next door. Payne asked how many parking spaces are available in the Transportation Center. Miklo stated that he believes there are 500 to 600 spaces in this deck. Payne asked if the CB-I0 zone has a parking requirement, to which Miklo stated it does not. The Code currently states that CB-IO zoning does not require parking, and you are not allowed to provide parking, unless the Board of Adjustment approves this. He further stated that when this property was rezoned from CB-5 to CB-IO, the Council, on recommendation from Planning and Zoning and staff, did require that some parking must be provided on the site, and also have to pay in to the Parking Impact Fee Fund, which is a geographic area south of Burlington Street. The City has been collecting funds from developers in these areas. The fee is for spaces that are not provided, for which the City provides public parking. Payne asked further about these requirements, stating that if the developer were building this directly north of where they are now, they would not have any of these requirements. Miklo gave further examples of the parking fund/fee and CB- 10 zones, stating that this project did need to address the residential parking demand in this area, otherwise it would not work out well for parking demand. Payne asked if there was consideration given to the fact that at least 80 more vehicles will be driving through the Transportation Center in order to access this underground parking. She noted that the wear and tear would be higher with the increased traffic. Miklo stated that this area of the Transportation Center's ramp is an area that is less used, and that the City did build this ramp to promote development in the area. Wood asked if this is the only entrance, to which Miklo stated there is also an entrance on Court Street. Board of Adjustment August 8, 2007 Page 4 Thornton asked if thought has been given to further development in this particular area, with similar properties. Miklo stated that Planning and Zoning recently looked at the property directly to the east, and that this property is much narrower than the Hieronymus Square project. He showed the Members this area on a diagram, further stating that this narrower area is not able to accommodate any parking. The recommendation will be for this developer to pay into the parking impact fee for 100% of the parking they would have had to provide under the CB-5 zoning. Miklo stated that the last parking study done encouraged a parking structure in this area, and the City continues to collect fees for this. Alexander asked that either Miklo or Holecek clarify for the Board what decisions have already been made on this project by Planning and Zoning and the Council, and what is truly before the Board of Adjustment. Miklo stated that the decision has been made to rezone this area to CB-IO, and have also amended the Comprehensive Plan to talk generally about the block between Burlington and Court Street, roughly from Clinton back to Gilbert Street, as having the potential for further CB-IO zoning, provided issues such as parking, pedestrian, aesthetics are addressed. He stated that this is not a "done deal," but if an applicant can demonstrate a way of addressing those concerns, such as paying into the parking impact fund or providing parking on site, and the building design is such that it contributes to the downtown, then it is likely that further properties will also be rezoned CB-IO. This property, however, will be CB-IO, and that it is required to provide 80 parking spaces on site, and also required to pay into the parking impact fee for any of the bedrooms that would have had required parking under CB-IO. As for the Board of Adjustment's charge, they need to determine whether the layout configuration of this parking facility meets the criteria of the Code, which are mostly aesthetics and mostly about not displacing commercial development. The other question is whether there is a demand for this parking, that it will not compete with public facilities. Miklo further stated that if the Board feels there is not enough evidence here, that this parking will be competing with public facilities, and that aesthetically it does not meet the Code, then the Board could vote to not approve this exception. However, Miklo stated that staff feels it is clear that it does meet the criteria. Miklo ended by stating that staff recommends that EXC07-00006, an application for private, off-street parking in the Central Business (CB 1 0) zone at 314 & 328 S. Clinton Street be approved subject to general compliance with the application submitted. Alexander asked if anyone had any questions for the applicant. Wood asked if they had any idea how many people might be living in these residences. Alexander asked that the applicant come forward to the microphone to address this question. Digman stated that the high-end condos will probably have two people, which would be around 170 people, and then the 80 plus hotel rooms, which could be around 140 people on a full night, and then there are two floors of office space, with the first floor being retail, and a restaurant on the ih floor. He stated that this building alone would need approximately 500 parking stalls on a busy weekend. Miklo stated that one of the theories the City has used is this is the type of place someone could live without a vehicle. Alexander asked if there were any more questions before she closed the Public Hearing. Payne asked about the 80 parking spaces, and if they would be used for the hotel occupants or the office or retail Board of Adjustment August 8, 2007 Page 5 units. Digman stated that these would be for residents who live in the building. He further stated that the area of the parking ramp where residents will access this underground parking is a small area with only 20 spaces or so. He further explained how this underground area would be a secure area for the condo residents. Thornton stated that he is unable to understand how you enter the Transportation Center and then enter this proposed parking. Digman further explained how this will look, and how residents will have the only access to this. Payne stated that she still feels 80 spaces is not enough. Digman reiterated that this is the maximum amount they can fit underground. Public Hearing Closed MOTION: Wood moved that EXC07-00006, an application for private, off-street parking in the Central Business (CB-I0) zone at 314 & 328 S. Clinton Street be approved, subject to general compliance with the application submitted. Wright seconded the motion. Wood stated that there is obviously a demand for parking, and that it cannot be satisfied through the public parking system, therefore, this criteria is met. He continued, stating that the design must not detract from, or prevent, active building uses on the ground level floor of the building, and that it appears that even with the 3-foot rise, it should not detract from or prevent active building uses on the ground floor level. He further stated that the parking will not interfere with the ground floor uses of the building. Under General Standards, it will not be detrimental nor danger the public health, safety, comfort, or general welfare. The access to the parking is through the Court Street Transportation Center, and is off of a street that does not have a high volume of traffic. Wood continued, stating that this exception would not injurious to the use and enjoyment of other property in the immediate vicinity, nor will it diminish or impair property values in the neighborhood. This is an area that has been commercially developed, and Wood stated that this should be a nice addition to the area. The parking area will be undetectable from other properties in the vicinity, and it will alleviate the demand for parking from the public parking facility next door. It will not impede the normal and orderly development and improvement of surrounding property, and it will conserve spaces in the Court Street Transportation Center. Wood further stated that it will make commercial use available on the ground floor; and all necessary facilities have been provided for. Ingress and egress, through the Court Street Transportation Center, have been addressed, as well. This exception is also consistent with the City's Comprehensive Plan. Wood concluded that he is inclined to support this exception. Thornton stated that first of all, he applauds the designers for meeting all of the standards of the Code. He further stated that he believes, as Wood stated, that it does meet the standards as set forth, and should not have a negative impact on the community. However, he stated he does have some reservations about the number of spaces being made available. He noted his concerns about traffic increases, and that he has some reservations about the plan. Thornton stated that he will vote in favor of the exception. Board of Adjustment August 8, 2007 Page 6 Payne stated that she totally agrees with Thornton that, as the criteria is set forth, this exception does meet the criteria. However, she also feels there will be a strain on the parking downtown, especially during the school year. She feels this will add to the already existing problem, and will continue to grow until the parking problem is addressed. She, too, will vote for this exception as it meets all the criteria, but she does have serious concerns about parking in the downtown area. Wright stated that this clearly pokes at an issue in the Zoning Code that could use some refining. However, he also feels this exception meets the criteria, and states that the 80 plus spaces definitely addresses the criteria. He will also vote in favor. Alexander stated that she too would vote in favor. The motion was approved 5:0 OTHER: Miklo addressed the concerns of the entering and exiting, and stated that this is a legitimate concern for the Board to address. He stated that staff feels this will be a safe situation. Wright noted that he feels convenience is more of an issue, but that this is not for the Board to consider. Miklo stated that he feels the Board has raised some good concerns about the CB 1 0 zone and parking downtown. He further stated that Planning and Zoning instructed the staff to reexamine the CB 1 0 zone downtown, and that they will be doing this. Parking is a top concern for P&Z. Miklo stated that they may contact the Board of Adjustment for their ideas on this issue, or perhaps they may want to serve on a committee that would address the parking issues. Thornton asked about long-term ideas, and how long does Miklo think the City will uphold its monopoly on parking. Miklo stated that this policy has been in place since the mid-1970's, when they started the urban renewal process. Miklo further stated that as the downtown moves further south, they would have to address this issue further. Payne asked Miklo further questions about the rezoning of this area. BOARD OF ADJUSTMENT INFORMATION: Holecek stated that there is nothing to report on Shelter House yet. Miklo stated that Members will be contacted if there is to be no meeting next month. ADJOURNMENT: Alexander adjourned the meeting at 5:53 PM. Board of Adjustment Attendance Record 2007 TERM 1/10 3/28 4/11 4/28 5/9 6/13 7/11 8/8 9/12 10/10 11/14 12/12 NAME EXP. Carol Alexander 01/01/08 X X DIE X X NM X X Michael Wright 01/01/09 X X X X X NM X X Ned Wood 01/01/1 0 X X X X X NM DIE X Michelle Payne 01/01/11 X X X X X NM X X Edgar Thornton 01/01/12 X X X X X NM DIE X KEY: x = Present o = Absent OlE = AbsentlExcused NM = No Meeting --- = Not a Member I ~~~-;7 I MINUTES PARKS AND RECREATION COMMISSION August 8, 2007 DRAFT MEMBERS PRESENT: Craig Gustaveson, Margie Loomer, Ryan O'Leary, Matt Pacha, Jerry Raaz, John Watson, John Westefeld MEMBERS ABSENT: David Bourgeois, Phil Reisetter STAFF PRESENT: Mike Moran, Terry Robinson, Terry Trueblood GUESTS PRESENT: Doug Dolan, Jean Walker, Dianna Harris RECOMMENDATIONS TO COUNCIL: Moved by O'Leary. seconded by Gustaveson to support the proposal to name the pond located at the Thronberry Off-Leash 002: Park Lily's Pond in honor of Beth Shields and her late Dalmatian. Unanimous. Moved by O'Leary. seconded by Westefeld. to accept 5.26 acres of land in lieu of fees for the Cardinal Pointe South subdivision. Unanimous. OTHER FORMAL ACTION TAKEN Moved by Gustaveson. seconded by Westefeld. to approve the July 11. 2007 meetin2: minutes as written. Unanimous. PUBLIC DISCUSSION: No public discussion. PRESENT A TION OF CELL PHONE TOWER PROPOSAL FOR CITY PARK: Doug Dolan with Dolan Realty Advisors, a commercial real estate firm that represents Verizon Wireless, returned to our August meeting to further discuss plans to place a cell phone tower in City Park. It was asked of Dolan Realty and representatives to provide a much more specific and detailed site plan including drawings/photos to the commission. Dolan presented drawings of the planned building along with any additional buildings that could be added as co-providers sign on. He reminded Commission members that these buildings would all take on the same appearance as other buildings in City Park. Trueblood asked if there would need to be a light placed at the top of the pole for air traffic. Dolan stated that it was not necessary at this height level in this particular location. Loomer asked how many trees would need to be removed. Dolan stated two. Robinson further explained that these would be two approximately 80-year-old healthy white oak trees. Parks and Recreation Commission August8,2007 Page 2 of 7 Westefeld asked if there was an update on the rent amount that would be charged for use of this land by the City. Trueblood addresses this later in the meeting. Raaz asked what the 20' easement in the drawing included. Dolan stated that this is excess easement overlay that would include the existing road. This easement is for access. Trueblood asked if there were any other location options where it would not be necessary to remove any trees. Dolan said that there was no place in the section of the park they need that would not require some tree removal. Loomer asked who maintains the property, i.e. cleaning up vandalism. Trueblood stated that Verizon would be responsible for this type of maintenance. Pacha asked why in initial drawings the pole was to be approximately 70' and current drawings indicate that the pole will need to be 120'. Dolan said that this is because of the height of the tree line and that the poles need to be above the tree line for good reception. Robinson asked if any boring would be necessary. Dolan said if so it would only be necessary under the road but does not appear that it will be needed. Gustaveson asked what the width of the base of the pole is expected to be. Dolan stated 2 Y2'. The base narrows gradually to the top by approximately 6". Raaz asked what material the proposed fence would be made from. Dolan said wood. Dolan summarized that Verizon is very interested in placing this pole in Upper City Park as there is becoming more of a concern regarding dropped calls for safety reasons, as well as in response to complaints from users. He also mentioned that they have been contacted to look at placing a cellular tower in a state park which would be the first request of this kind. Trueblood updated the Commission on appraisal information. The most recent appraiser said that the City could ask for $1,600:1: rent per month. Dolan said he would like to know their guidelines for determining this amount. Westefeld asked Dolan to be more specific about customer complaints. He stated that the main complaint is no coverage or dropped calls. He added that parks are typically weak spots. Pacha asked Trueblood what action was necessary this evening. Trueblood stated that the Commission can vote on it tonight or can defer the vote if they wish asking for more information. Moved by O'Leary, no second, to accept the proposal from Verizon to place a cell tower inside City Park. With no second, further discussion ensued. Parks and Recreation Commission August8,2007 Page 3 of 7 Westefeld said that on one side he supports the plan due to the potential revenue source for Parks and Recreation, however, he does not like the idea of changing the landscape of City Park or any other park to this magnitude. O'Leary has a concern of where cell phones are headed, feeling that cell phones will become obsolete within 50 years. Gustaveson said that he was initially very supportive of this plan, but the fact that the building plan has increased in size he is very concerned about the aesthetics of the park and the cutting of trees. He is also concerned about negative ramifications from the public. Loomer asked if there is a neighborhood association in place for those that live in the area of City Park. Trueblood responded that he wasn't sure. He added that the neighborhood did not specifically receive notice that this topic would be discussed, but that it was publicized as an agenda item. Pacha stated that he also initially supported this plan but has since changed his mind. He is concerned about the pole height, the size ofthe buildings needed and feels that changing the park to this extent would be a disservice to the community. Raaz stated that he is comfortable with the plan as long as there is minimal destruction of trees and that there be input from the neighborhood before he would make a final decision. Pacha asked for consensus from the Commission that if the neighborhood were in agreement to the placement of such a tower, how would each member vote. General consensus was that the Commission members would not support such a plan. Westefeld asked for staff opinion. Trueblood stated that he also has gone from being fully supportive to very apprehensive with the plan. He liked the idea of more revenue for Parks and Recreation, but there is no guarantee that such revenue would actually go to the department. He is concerned about the height of the tower, the number and size of the buildings that could be required, not knowing in the beginning that there would be additional buildings required for each co-provider. He is also very concerned about any tree removal that may be necessary. He agrees that the City could receive severe criticism from the public. He suggested that while neighborhood input is important, that input from the community as a whole is also very important and does not feel that the community would approve. He is now of the opinion that the proposal should not be approved. Robinson added that he feels that City Park is not an appropriate place for a cell phone tower and also is certain that it would require more than just two trees be removed to accommodate these buildings and tower. Moved by O'Leary. seconded by Westefeld. to deny the reQuest by Verizon Wireless to place a cell phone tower in upper City Park. Commission voted 5 to 1 to deny their reQuest with 1 abstention. O'Leary yotine: no. Raaz abstained due to his wish to include neie:hborhood input before votine:. Parks and Recreation Commission August 8, 2007 Page 4 of 7 CONSIDER NAMING THE POND AT THE THORNBERRY OFF-LEASH DOG PARK "LILY'S POND." Dianna Harris and Jean Walker were present at the meeting to propose a name for the pond at Thornberry Off-Leash Dog Park. Harris mentioned that the pond at the dog park was officially opened on June 7, 2007. She would like to get the Commission's approval on naming the pond. The DogPAC Board is recommending that the pond be named "Lily's Pond" honoring Beth Shields and all of the work she has done for DogP AC and her instrumental role in acquiring the Thornberry Dog Park. Lily is the same of her late Dalmation. Moved by O'Leary. seconded by Gustaveson. to support the proposal to name the pond located at the Thornberry Off-Leash 002 Park Lily's Pond in honor of Beth Shields and her late Dalmatian. Unanimous. Harris asked Robinson if there had been any testing of the water to date at the pond. Robinson stated that he has been in touch with a hygienic lab who is sending a kit to the Parks Division so that they can do so. He stated that the pond water will be tested with the same guidelines as beech water. DISCUSS THE POSSIBILITY OF A SECOND SMALLER DOG PARK: Discussion then turned to the possibility of adding another smaller dog park to a city park. Trueblood stated that there is a proposal to place this in the north portion of Willow Creek Park. This location is being suggested by Jean Walker who is willing to contribute $10,000 towards the establishment of a small dog park, but the donation is not necessarily tied to the location. It is suggested that it be located on a parcel ofthe park (probably about 2 to 3 acres in size) which lies in the north end of the park just south of Benton Street between the trail and the creek. There is both open area and a treed area in this part of the park that is not typically heavily used. On the downside, Trueblood noted that it will have a negative affect on the grass, there is a sculpture that would have to be moved and it would be visible from Benton St. Harris stated that the board is compiling a list of possible locations besides Willow Creek. O'Leary noted that he has always felt it would be necessary to have several smaller dog parks in the City, further stating that while Thornberry Off-Leash Dog Park is great for the community it is also used by many outlying communities. Therefore, feeling it is necessary to have dog parks open to neighborhoods within the community. Pacha expressed his appreciation for the generous offer to donate money towards an additional dog park. In terms of cost, the City does not have the money in their budget to construct additional parks so this offer is much appreciated. He feels that this is something that needs to be added to our upcoming master plan and does not feel comfortable moving ahead with such a plan until that is complete. Parks and Recreation Commission August 8, 2007 Page 5 of 7 Gustaveson says that he is very much in favor of adding more neighborhood dog parks but also realizes that there would not be much funding available from the City to do so. Harris stated that the DogP AC Board will be meeting and will continue their efforts to raise money for future planning. Trueblood asked what DogPAC's intention would be with regard to the fee structure with additional parks. Harris stated that there would be one fee for a permit that could be used at any dog parks in the city. O'Leary asked if the DogP AC Board feels that Thornberry Off-Leash Park has been a financial success. Harris said it has been Pacha suggested that DogP AC Board put together a top ten list of possible locations and bring that back to the Commission. Walker explained that her initial motivation for additional dog parks is to provide more locations for dogs to get necessary exercise, especially for those who do not have access to Thornberry Off-Leash Park, as well as personally she would like to name this area after her dog, 10rdy, calling the park 10rdy's Run. CONSIDER ACCEPT ANCE OF NEIGHBORHOOD OPEN SPACE - CARDINAL POINTE SOUTH: The developer is proposing to dedicate 5.26-acres of open space to the City as parkland. The Neighborhood Open Space requirement for this subdivision is approximately 1.30 acres. There is currently no public parkland in this area. It is staffs feeling that this would be a good location for a neighborhood park as it is easily accessible to the surrounding development through a proposed trail along Camp Cardinal Blvd. Moved bv O'Leary. seconded bv Westefeld. to accept 5.26 acres of land in lieu of fees for the Cardinal Pointe South subdivision. Unanimous. COMMISSION TIME O'Leary expressed his appreciation to Jean Walker for offering to donate money for an additional small neighborhood dog park. He does have a concern regarding parking if this is added to Willow Creek Park. Also feels, however, that these additions to parks will add to property values of Iowa City. CHAIR'S REPORT No report. DIRECTOR'S REPORT Parks and Recreation Commission August 8, 2007 Page 6 of 7 Trueblood has been in touch with the Coralville Parks and Recreation Department regarding a joint tour for next month. They suggested either September 12 or September 17. Commission consensus was to schedule it for September 12. Trueblood will report back to Coralville staff. Trueblood distributed invitations to the Brookland Park Renovation Celebration scheduled for Saturday, August 25 from 4 to 7 p.m. Trueblood and Raaz will be attending the Elks Club October board meeting to discuss the Elks Club Trail proposal. Trueblood and Amy Bouska, representing the Concerned Citizens for Sand Prairie Preservation, attended the Johnson County REAP Committee meeting to present their REAP Grant proposal, in the amount of $38,000, for tree removal and signage at the Sand Prairie across from Napoleon Park. The committee had very favorable comments about the proposal. Trueblood received a proposal today for the placement of a Cricket facility in one of the city parks, preferably Scott Park. He told the person that they can attend a future commission meeting if they like. In the meantime he will be working with them to see if their request can be accommodated. Trueblood did some research on the game of Cricket and found that it is the second most popular sport in the world. The City Council approved the memorandum of understanding and the agreement to lease a portion of Terrell Mill Park for construction of the proposed U of! boathouse. Trueblood announced that we have sold four golf passes to date. While it is slow getting started, he believes that this will pick up next year as the golf season approaches. Greenplay L.L.C., consultant in charge of developing a master plan for Parks and Recreation, will hold its start-up meeting on Thursday, August 16 from I to 4 p.m. ADJOURNMENT Moved bv Gustaveson. seconded bv Westefeld. to adiourn the meetin2 at 6:50 p.m. Unanimous. Parks and Recreation Commission August8,2007 Page 7 of 7 P ARKS AND RECREATION COMMISSION ATTENDANCE RECORD YEAR 2007 TERM NAME EXPIRES 1/10 2/7 3/14 4/10 5/9 6/13 7/11 8/8 9/12 10/10 11/14 12/12 David Boure:eois 1/1/11 X OlE OlE X X DIE X OlE Craig Gustaveson 1/1/11 X OlE OlE DIE X X X X Margaret Loomer 1/1/08 X X OlE DIE X X X X Ryan O'Leary 1/1/10 X X X X X X X X Matt Pacha 1/1/09 X X X X X X X X Jerry Raaz 1/1/08 X X X X OlE X X X Phil Reisetter 1/1/09 OlE X X X X X X OlE John Watson 1/1/11 X DIE OlE X X OlE X X John Westefeld 1/1/10 X X X OlE X X X X KEY: X= 0= OlE = NM= LQ= Present Absent AbsentlExcused No meeting No meeting due to lack of quorum Not a Member G[J MINUTES PUBLIC ART ADVISORY COMMITTEE THURSDAY, SEPTEMBER 6, 2007 MEETING ROOM A, ROBERT A. LEE RECREATION CENTER PRELIMINARY Members Present: Emily Martin, Mark Seabold, DaLayne Williamson, Patrick Carney, Terry Trueblood, Rick Fosse Members Absent: Emily Carter-Walsh Staff Present: Marcia Klingaman, Jeff Davidson CALL TO ORDER Seabold called the meeting to order at 3:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA None. CONSIDERATION OF THE MINUTES OF THE AUGUST 2,2007 MEETING MOTION: Seabold moved to approve the minutes with minor corrections; Martin seconded. The motion passed 6:0. UPDATE OF MURAL PROPOSAL BY TOM AWAD AND TONY CARTER Jeff Davidson confirmed that St. Patrick's is now actively marketing that site. The mural would probably only be guaranteed a maximum of 2-3 years at that location. Marcia noted that when she last spoke to Tom Awad and Tony Carter that they are still interested in the project. They had dropped their price down to $28,000. The Committee would still like to see them get matching funds. The Committee would also like to see both Tom and Tony present at the next meeting. PRESENTATION OF A COMMUNITY INITIATED PUBLIC ART PROJECT BY MATTHEW MUNSTERMANN Marcia has been in communication with Matt. He is still very enthusiastic about doing the project. His school schedule conflicts with the time for the Public Art Meeting. He'd like to do the lighting project this fall. He is ready to present his proposal to the Committee when his schedule allows. REVIEW OF LETTERS REGARDING CALL FOR PROPOSALS FOR POOL WALL PROJECT Marcia indicated that rather than develop a more formal Call to Artists, she decided that a standardized letter would be sent to the artists. Seabold would like the artists to provide specific details regarding attachment of their piece to the pool wall. Martin also thought it would be useful to have the artists address potential problems with projectiles hitting the art from kids playing in the pool area. The Committee also agreed that the Iowa City Public Art Advisory Committee Minutes September 6, 2007 Page 2 letter should specify that unless the artwork is a mural, it should not go down to the ground. The Committee would like the artist to address how they plan to handle ADA issues. Marcia will have the legal department look at the letters before they are sent out next week. Emily Martin noted that she will be out of town for the November 1 meeting but will be accessible by email. The Committee decided that installation should be completed on or before April 30th rather than the proposed March 31st. Installation will not interfere with summer swim lessons. DISUCSSION REGARDING IOWA SCUPTOR'S SHOWCASE AND PENINSULA PARK SCHULPTOR'S SHOWCASE Marcia updated that Gene Anderson has removed his art piece from the Pedestrian Mall Sculptor's Showcase as it had been tampered with. The site is now vacant. Brandy is working on updating the artist database for future calls to be sent to Iowa artists. The Peninsula Showcase is specific to Iowa Art students. Mark NeuCollins "Blade" is currently in place; however, his contract is up October 1 st. Marcia questioned whether or not she should contact student artists for the next call. Martin suggested that she should include Lee Running, an art professor at Grinnell College. She may have contacts for sculptors in her department. The Committee suggested that a long-term solution may be to install a permanent sculpture as it is time consuming to market and send out the calls. However, changing the pieces does keep the artwork fresh. Trueblood questioned whether or not "Blade" should be purchased and if more than one piece should be placed out there. Marcia noted that would depend on the pool project and the final budget. The Committee decided to send out a final call before considering purchasing "Blade." If the call does not go well, the process may need to be re-evaluated. COMMITTEE TIME/UPDATES Marcia noted that Emily Martin did a fine job presenting the Recognition of Public Art in Non-Public Spaces at the City Council meeting on August 21st. The recipients seemed genuinely thrilled about the recognition and it was obvious that the program was very appreciated by both the recipients and the artist. None. ADJOURNMENT Fosse moved to adjourn; Williamson seconded. Meeting adjourned at 3:40 pm. Next meeting October 4. Minutes submitted by Brandy Howe Public Art Advisory Committee Attendance Record 2007 Term Name Expires 2/1 4/5 5/3 6/28 8/2 9/6 Emily Carter Walsh 01/01/08 X OlE X X X 0 DaLayne Williamson 01/01/09 X X OlE X X X Emily Martin 01/01/08 OlE X X X X X Mark Seabold 01/01/10 X OlE X X X X Patrick Carney 01/01/09 -- -- -- -- X X X X Rick Fosse OlE X OlE X O\E X Terry Trueblood X X X O/E* X X Key: X = Present o = Absent OlE = Absent/Excused Mike Moran represented Terry Trueblood * rnJ MINUTES Iowa City Airport Commission September 5, 2007 Iowa City Airport Terminal- 8:00 AM DRAFT Members Present: Howard Horan, Chair; Greg Farris, Randy Hartwig Members Absent: John Staley, J ane11e Rettig Staff Present: Michael Tharp Others Present: Mike Wright, Matt Hayek, Tom Schnell, Carl Richy DETERMINE QUORUM: Chairperson Horan called the meeting to order at 8:00AM. Tour of Select Airport Facilities and Hangars Horan gave a brief introduction and thanked the guests for attending the tour. Tharp began with a brief description of airport, and the uses that the airport occurs. Hartwig gave a summary of the projects that are ongoing at the airport and described the facilities in relation to area airports. Tharp handed out copies of the state Aviation System Plan, a Summary of the System Plan for the Iowa City airport, a copy of the Economic Impact Study by Iowa State University researchers, and a copy of a website www.flightaware.com. Tharp then gave a brief summary of the materials. Horan and Hartwig then lead guests on a tour ofthe grounds and guests were taken to the University of Iowa hangar for a presentation. Tom Schnell gave guests a tour of the University ofIowa Hangar and gave a short presentation. Adjourn: Meeting Adjourned at 9:30am. Airport Commission September 5,2007 Page 2 of2 Airport Commission ATTENDANCE RECORD YEAR 2007 (Meetin~ Date) TERM 1/11 2/8 3/8 3/28 4/12 5/10 5/15 6/7 6/8 6/28 7/9 7/19 NAME EXP. Randy Hartwig 3/1/09 X X X X X X DIE X X X X X Greg Farris 3/1/13 DIE X X DIE X X X X DIE X X X John Staley 3/1/10 X X X X X X DIE X DIE DIE X X Howard Horan 3/1/08 X X X X X X X X X X X X Janelle Rettig 3/1/12 X X X X X X X X X X DIE DIE TERM 8/1 8/9 8/13 9/5 NAME EXP. Randy Hartwig 3/1/09 X X X X Greg Farris 3/1/13 X X X X John Staley 3/1/1 0 DIE X DIE DIE Howard Horan 3/1/08 X X X X Janelle Rettig 3/1/12 DIE X DIE DIE KEY: X = Present o = Absent DIE = AbsentlExcused NM = No meeting --- = Not a Member G[1 Al\lMCd eVJf~ /Q~~. .{C"C/l- DRAFT MINUTES City August 23, 2007 - 5:30 P.M. Meeting Room E -- Iowa City Public Library Call to Order: Meeting called to order at 5:38 p.m. Members Present: Jane McCune, Teresa Kopel, Paula Kelly, Lisa Drahozal Pooley Members Absent: Pat Farrant Staff Present: Misha Goodman Others Present: Holly Hotchkiss, Roxanne Schomers Old Business: 1. Minutes of July 12, 2007 approved as submitted. 2. Continue permit and fees discussion Per Misha Goodman, the tethering/kenneling ordinance is still at the City Attorney's office for evaluation. Fees recommended by the Animal Care Task Force: License fees for both dogs and cats: A. Unaltered license fees will increase from $30.00 to $50.00 B. Altered license fees will increase from $5.00 to $10.00 C. Low income altered license fees will remain at $5.00 D. Senior discount fee to be eliminated (reasoning: if financial hardship exists, this will be covered under low income fees for licenses) E. A temporary license can be issued for 30 days to allow time to spay/neuter. Pet Store Permit Fees: Class A: Pet stores that do not sell cats and dogs -- $100.00 Class B: Pet stores selling under 100 ALTERED cats and dogs --$300.00 Class C: Pet stores selling under 100 UNALTERED cats and dogs --$500.00 Class D: Pet stores selling under OVER 1 00 ALTERED cats and dogs --$1000.00 Class E: Pet stores selling under OVER 100 UNALTERED cats and dogs --$2000.00 Reasons for Pet Store Permit Fees: 1) Fees have not been increased for some time; 2) Fees are to encourage reduced amounts of animals being sold in Iowa City to address current overpopulation of dogs and cats; 3) there are too many litters currently being born; 4) Animals currently being sold are generally not spay/neutered prior to being purchased. The Animal Care Task Force plans to recommend that a percentage of the pet store fees and unaltered license fees be placed into a spay/neuter fund. 3. Continue Committee discussions - POSTPONED 4. Continue statistics/educational seminars discussion - POSTPONED 5. Continue Center hours extension discussion - POSTPONED New Business: 1. Solon impound situation update Per Misha Goodman, 58 dogs were impounded at the Center from the Solon situation. 19 goats were also taken, though 7 have died of anemia, parasites, stress and heat. The goats were sold at the Kalona sales barn, proceeds to go to the county to help pay expenses, including boarding expenses for the dogs. The one goose remains with Dr. Jen Doll. Of the 58 dogs: 9 have been euthanized at this time 8 have been transferred to Dubuque and Muscatine shelters 3 are in foster care; 2 are slated to be fostered 3 have been adopted 14 are available for adoption The rest are not yet ready for evaluation Misha Goodman met with the County Attorney and Sheriffs Department. Charges will be brought against the couple involved. There is currently a lien against the property. Misha Goodman expressed that the press has been good; the Animal Care Task Force agreed. Leash on Life is sponsoring a debriefing session for the Center staff and volunteers who were present at the Solon site. 2. Next meeting dates: Sept 13th 530-7 Oct 11 th 530-7 3. Cat overcrowding Holly Hotchkiss from Friends of the Animal Center Foundation presented information to the Animal Care Task Force concerning a mobile spay/neuter clinic. The shell would cost $130,000; customization would run $200,000 - $250,000. The challenge would be keeping the clinic up and running. F ACF is researching how to make it work. 2 Recommendations to City Council: Task Force Member Comment: Staff Comment: Citizen Comment: 7:07 p.m. meeting adjourned. 3 1m MINUTES CITY COUNCIL ECONOMIC DEVELOPMENT COMMITTEE July 24, 2007 CITY HALL, LOBBY CONFERENCE ROOM Preliminary Members Present: Regenia Bailey, Connie Champion, Bob Elliott Members Absent: none Staff Present: Wendy Ford, Jeff Davidson, Tracy Hightshoe, Steve Long. Others Present: Nancy Quellhorst, Mark Nolte, Joe Raso, Anna Sobaski and Darin Vig with Gluten Evolution, Ilham B. Mohamed with Nile Valley RECOMMENDATIONS TO CITY COUNCIL: Champion moved, seconded by Elliott, that the Alpla Expansion TIF application be recommended for Council approval: Motion passed 3-0. Elliott moved, seconded by Champion, that the following recommendation regarding Gluten Evolution LLC be forwarded to Council for the August meeting: $50,000, partially secured by a mortgage on the private residence. Deferred payment would be allowed, not to exceed 6 months. Term would remain at 7 years, 3% interest rate. Motion passed 3-0. CALL MEETING TO ORDER Chairperson Regenia Bailey called the meeting to order at 8:30 AM. APPROVAL OF MINUTES FROM July 10. Minutes were approved as amended. ALPLA EXPANSION TIF APPLICATION Ford reviewed the City's positive history with Alpla and details of the current proposed development agreement - a 4 year 100% TIF rebate capped at $600,000. Alpla would expand into an 82,200 square foot addition to the old General Mills building, and agree to maintain 180 permanent full time positions and add 25 additional positions, all at $14.00 per hour or greater, plus benefits. Ford further noted that they could not specifically deal with old noise problems in the new agreement, but included noise issues in Article 2f of the agreement as such: Developer will fully cooperate with the City in resolution of any traffic, parking, trash removal, excessive noise or public safety problems which may arise in connection with the construction and operation of the Minimum Improvements. Alpla has invested improvements on the noise issues on the older buildings. Marcia Klingaman had had made some neighborhood calls on the issue, and found that perceptions of the noise output ranged from no issue to very annoying. Champion moved, seconded by Elliott, that the Alpla Expansion TIF application be recommended for council approval: Motion passed. GLUTEN EVOLUTION CDBG ECONOMIC DEVELOPMENT FUNDS REQUEST Hightshoe reviewed the staff recommendation and rationale included in the packet. Staff recommendation is to provide a $50,000 loan, partially secured by a mortgage on the private Economic Development Committee July 24, 2007 Page 2 residence. Job creation would require 1.5 FTEs. Additionally, she noted that she would not advise creating additional jobs until cash flow improves. Deferred payment would be allowed, however not to exceed 6 months. Term would remain at 7 years, 3% interest rate. Elliott noted that the initial request was for $105,000, and inquired whether $50,000 would be enough to address their financial needs. Anna Sobaski, owner, responded that it will allow the hiring of one person, and the purchase of a much needed forklift in the warehouse. Darin Vig said $50,000 addresses the short-term need; at present, staff is just Sobaski and her sister. The new position would provide part-time help with marketing, support for PR and sales. Bailey inquired about profiUloss. Vig responded that they purchase their raw materials from a copacker, so their cost per items sold is very constant. Cost is about 40% of the selling price. Sales are going up; Sobaski noted that as they sell more, the cost should come down because they will qualify for volume discounts. Bailey asked about sales volume. Volume has increased from 50,000 in 2004 to 200,000 units today. Market penetration is national (they are in all 50 states), and international; they ship to Canada and the UK regularly. They are in the national chain Wild Oats, which is merging with Hall Foods. Elliott moved, seconded by Champion, that the following recommendation be forwarded to Council for the August meeting: $50,000, partially secured by a mortgage on the private residence. Deferred payment would be allowed, not to exceed 6 months. Term would remain at 7 years, 3% interest rate. Motion passed. NILE VALLEY RESTAURANT. Hightshoe introduced this application for a new restaurant serving Middle Eastern/Mediterranean food and gourmet coffee, beginning in September. They have a location on the ground floor of a multi-unit complex at 335 S Gilbert Street.' They are requesting funds for working capital, construction, and inventory. The applicant initially requested $110,000, but has re-submitted the request at $50,000. As a startup business, this is more risky, and there is no collateral for the loan. The applicant disclosed that the co-owner filed for bankruptcy in 1997. However, the credit report indicates no past due amounts, and demonstrates that the applicants have a current history of paying loan obligations. The owner is willing to make a significant personal financial investment in the business, up to about $70,000. Any funds used for construction would require payment of union wages, whether they used union workers or not. This is likely to limit available contractors and increase the price of the work. Staff therefore recommends $25,000 for working capital only, 5 year term (maximum of 7 years) at 4% interest. Regarding competition, Hightshoe noted that the City did fund Oasis Falafel with CDBG- Economic Development Funds. That loan was for $25,000,4% interest, 5-year term. Elliott inquired about the lack of collateral. IIham Mohamed, the applicant, responded that she had no house to put up, and US Bank is securing their loan by having the applicant purchase the equipment through the bank. Bailey asked what other communities do with these kinds of loans and securities. Hightshoe mentioned the city of Dubuque has an economic development fund, but no specific policies on its distribution. The city of Des Moines has more detailed rules. Bailey voiced a few concerns, noting that restaurants are always a challenge. Comparison to Oasis is good, a comparable situation; however, noted, that they had done some marketing and had a following before their opening. When asked what she saw as her market base, or her following, Mohamed replied that she has done some vending in Iowa City; at the cultural fair in the Field House and RAGBRAI in Coralville last year, for example. Economic Development Committee July 24, 2007 Page 3 Bailey stated that the cash sales projections look very ambitious. Asked if she thought it was realistic, Mohamed said they figured on $6 average sales per person, breakfast, lunch, and dinner; and doesn't see it as a difficult thing to accomplish. Her goal is to reach 150 sales per day for the first 6 months, and that would clear $100,000 for the first year. She is planning to deliver, also. Proposed hours are 6 a.m. to 9 p.m., 7 days a week at the beginning, with 10 employees. Bailey noted 150 people a day seems ambitious, noting that there are down days and months. Elliott has concerns about providing an unsecured loan with taxpayers' money; saying its neat to have this type of business in that location, but starting from scratch with no following is risky. He is concerned that projected sales cannot be met. Bailey added that most of the expenses are fixed; and there is not a lot of "wiggle room" in the.projections. Elliott also noted the lack of a resume in her materials. He questioned her business experience, noting the past tells a lot about the future. Mohamed responded that they are immigrants from Sudan and had done many different things since that time. She had been an air hostess for 10 years for Saudi Air Lines and Sudan Airways. They came to the U.S. in 1993; since then they have worked in many different jobs, and both got higher education. Her husband, Bedrelddin Ahmed got a PhD and is a United Nations translator in Iraq currently; Mohamed graduated from Kirkwood Community College and got a job at the Neighborhood Centers. Elliott inquired whether she had food service experience or experience running a business, or managing a payroll, or other management experience. Mohamed answered that she did not. Bailey asked whether she had worked with the Small Business Development Center. Mohamed responded yes, and also with the Cedar Rapids Business Center, and that she is also planning to take more business classes. Bailey asked whether she had developed different sales scenarios, or, if they don't make projected sales, how they would deal with the shortfall. Mohamed noted that she would create a plan addressing different revenue scenarios. Champion asked where the projection of 150 customers per day came from and what they absolutely needed to survive. Mohamed replied that she got the number by studying other similar restaurants. She did her own observational survey during the last days of May, when business was very slow, and counted an average of 16 an hour; she felt she could do much better. Bailey indicated interest in going ahead but would like to see different revenue scenarios along with a marketing plan. $25,000 is an appropriate figure. Bailey noted that it would be nice to have something other than liquor stores in that area. Champion also indicated that she was not against the project, but would like to see a marketing plan. Quellhorst asked if she had catering plans. Mohamed replied yes; she plans to purchase a bicycle for close-by deliveries. She doesn't know how much of that she can do until she starts. Bailey reiterated the need to see a marketing plan. Elliott repeated his problem with no collateral, and the lack of person-power to handle both operational marketing and other kinds, such as catering. Bailey asked Mohamed to bring back a marketing plan and cash flow scenarios based strictly on student basis to see ups and downs. Nolte suggested Mohamed also check the USAID programs to aid refugees; noting that even though she is now a U.S. citizen, she still qualifies. Bailey stated that the request will be revisited at the next meeting, which will be scheduled early August in order to get it on Council's August agenda. STAFF TIME Ford provided new wording for the bankruptcy question on CDBG loan applications: Has the company or any officer of your company been involved in bankruptcy or insolvency proceedings Economic Development Committee July 24, 2007 Page 4 during the past 7 years from the date of this application? If so, provide the details. The wording was accepted by majority agreement. Ford mentioned that Hightshoe had done some research about how other communities distribute their CDBG loan proceeds. We are going to continue this research to determine proper distribution and also to define the most efficient way to have a CDBG loan fund portfolio. Hightshoe then provided a spreadsheet showing the history of all Iowa City CDBG Economic Development Fund applications and status from July 1, 2002 (FY03) to present. Ford announced that in September the National Development Council will be providing a three- day class in St Louis that Hightshoe will attend. Elliott complimented Hightshoe's work. COMMITTEE TIME The committee scheduled their next meeting: Monday, August 13, at 8:30 a.m. ADJOURNMENT Champion moved and Elliott seconded adjournment at 9:31 AM. Motion passed. Next meeting is scheduled for Monday, August 13, 8:30 AM, in the City Hall Lobby Conference Room. Committee Council Economic Development Attendance Record 2007 Name Term 1/23 2109 2/20 2/27 3/06 3/12 4/06 4/12 5/29 5/31 6/21 7/10 7/24 Expires Regenia Bailey 01/02/08 X X X X X X X X X X X X X Bob Elliott 01/02/08 X X X X X X X X X X X X X Connie Champion 01102/08 X X X X X X X X X OlE X X X Key X = Present o = Absent OlE = AbsenUExcused AbsenUExcused POLICE CITIZENS REVIEW BOARD MINUTES - September 11, 2007 DRAFT I ~~ ~-6 CALL TO ORDER: Chair Michael Larson called the meeting to order at 5:30 p.m. MEMBERS PRESENT: Elizabeth Engel, Loren Horton, Donald King, Greg Roth MEMBERS ABSENT: None STAFF PRESENT: Staff Kellie Tuttle, Legal Counsel Catherine Pugh (5:36 p.m.) STAFF ABSENT: None OTHERS PRESENT: Captain Tom Widmer of the ICPD; City Attorney Eleanor Dilkes; City Clerk Marian Karr; UI Journalism Student, Megan Eatough; and public, Caroline Dieterle and Dean Abel RECOMMENDATIONS TO COUNCIL None. INTRODUCTION OF NEW BOARD MEMBER Donald King introduced himself and gave a little background about himself to the Board. CONSENT CALENDAR Motion by Horton and seconded by Engel to adopt the consent calendar as presented or amended. . Minutes of the meeting on 07/10/07 . ICPD General Order 95-04 (Administration of Department Training) . ICPD General Order 98-02 (Policy and Operating Procedures Manual) . ICPD General Order 99-07 (Traffic) . ICPD General Order 00-04 (Body Armor) . ICPD General Order 00-05 (Off-Duty Conduct: Powers of Arrest) . ICPD General Order 01-04 (Bomb Threats/Emergencies) . ICPD General Order 01-05 (Officer Involved Shootings/Lethallncident Investigations) . ICPD General Order 07-01 (Patrol Rifle) . ICPD SOG 07-01 (All Hazards Plan) . ICPD Department Memo 07-31 . ICPD Use of Force Report (May 2007) . ICPD Use of Force Report (June 2007) . ICPD Use of Force Report (July 2007) Horton had a question on General Order 95-04 on the last page letter D regarding the definition of "biased based contacts", Widmer explained that what that means is if someone was pulled over based on race or gender. A contact made on bias only. Motion carried, 5/0. OLD BUSINESS None. PCRB September 11 , 2007 Page 2 NEW BUSINESS PUBLIC DISCUSSION BOARD INFORMATION STAFF INFORMATION Select Nominatinq Committee - Motion by Horton, seconded by King to have Roth and Engel serve on the nominating committee. Motion carried, 5/0. Update on addition of PCRB Charter Amendment to November ballot - City Clerk Marian Karr and City Attorney Eleanor Dilkes updated the Board on the addition of the PCRB Charter Amendment to the November ballot and what impact it would have on the Board. Caroline Dieterle expressed that she had come to the meeting to be sure the Board knew about the amendment on the ballot and that she is a strong supporter of the PCRB. Dean Abel thanked staff for the clarification on and preparing the memo regarding posting of meetings. He also asked if the Board had questions regarding General Orders, when they would ask. Larson clarified that when the Board has questions they ask them at the meeting, in open session, before they vote to adopt the consent calendar. Horton and Larson announced they would not be able to attend the October 9th meeting. Tuttle announced that the 2-yr Council review of the PCRB will be on the September 17'h City Council work session agenda. In the past a Board member has been in attendance at the meeting to answer any questions Council may have, although it is not mandatory for someone to be there. Larson will check his schedule and get back to staff. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) . October 9,2007,5:30 PM, Lobby Conference Rm (Rescheduled to October 16) . October 16, 2007, 5:30 PM, Lobby Conference Rm . November 13, 2007, 5:30 PM, Lobby Conference Rm . December 11,2007,5:30 PM, Lobby Conference Rm . January 8,2008,5:30 PM, Lobby Conference Rm Motion by Horton, seconded by Roth to reschedule the October 9th meeting to October 16th due to scheduling conflicts and possible quorum issues. Motion carried, 5/0. ADJOURNMENT Horton announced that he will be unable to attend the December 11th meeting. Motion for adjournment by Engel and seconded by King. Motion carried, 5/0. Meeting adjourned at 5:54 P.M. x = Present o = Absent O/E= Absent~xcused NM = No meeting --- = Not a Member KEY ,_._----~,.. - ---" TERM 1/9 1/16 2/13 2/22 3/13 3/29 4110 5/7 6/12 7/10 8/14 9/11 NAME EXP. Candy 9/1/07 X X NM OlE X X OlE X NM OlE NM --- Barnhill Elizabeth 9/1/08 X X NM X OlE X X X NM X NM X Engel Loren 9/1/08 X X NM X X X X X NM X NM X Horton Greg Roth 9/1/09 X OlE NM X X 0 X 0 NM X NM X Michael 9/1/09 X OlE NM X X OlE X X NM X NM X Larson Donald King 9/1/11 --- --- --- --- --- --- --- --- --- --- --- X {M POLICE CITIZENS REVIEW BOARD ATTENDANCE RECORD YEAR 2007 D 1 rnr Preliminary MINUTES PLANNING AND ZONING COMMISSION AUGUST 16, 2007 - 7:30 PM EMMA J. HARVAT HALL - CITY HALL MEMBERS PRESENT: Bob Brooks, Beth Koppes, Ann Freerks, Charlie Eastham, Wally Plahutnik, Dean Shannon MEMBER EXCUSED: Terry Smith STAFF PRESENT: Bob Miklo, Sunil Terdalkar, Sara Holecek OTHERS PRESENT: Glenn Siders, Charlotte DePew RECOMMENDATIONS TO COUNCIL: Recommended approval, by a vote of 6-0 (Smith absent) REl07 -00011, a rezoning of approximately 45.04- acres of land from Interim Development Office Research Park (ID-ORP) zone to Medium Density Single- Family Residential (RS-8) with a Planned Development Overlay zone for approximately 34. 58-acres, Interim Development Single-Family Residential (ID-RS) zone for approximately 8.75-acres, and Interim Development Office Commercial (ID-C01) zone for approximately 1.71-acres; and a preliminary Planned Development of Cardinal Point South, a residential subdivision with a mix of single-family and multi-family residential dwellings subject to: . Staff approval of the stormwater management facility prior to consideration by City Council . Staff approval of the locations and designs of the mailbox clusters . A conditional zoning agreement specifying 1. The section of Kennedy Parkway between Camp Cardinal Road and Camp Cardinal Boulevard will be platted, and the necessary right-of-way will be dedicated and a letter of credit of the cost of installing the water main in this section of the street will be provided at the time of final plat approval. 2. Installation of sub-grade for this section of Kennedy Parkway will be constructed by the applicant and/or owner prior to January 1, 2009 3. This section of Kennedy Parkway will be constructed prior to January 1, 2010 or when the school site (located north of Kennedy Parkway) is developed, or Outlot C of Cardinal Point South is developed; whichever occurs first, and 4 If the sub-grade is not constructed prior to January 1, 2009 or if the road is not built prior to January 1, 2010, issuance of building permits will cease for Cardinal Point South subdivision. Recommended approval, by a vote of 6-0 (Smith absent) REl07-00012, a rezoning from Intensive Commer- cial (CI-1) to Community Commercial (CC-2) for approximately D.95-acres of property located at 805 S. Gilbert Street and 817 S. Gilbert Street. Recommended approval, by a vote of 6-0 (Smith absent) V AC07 -00005, the vacation of 102 feet of the north-south alley in Block 102, subject to the retention of public access and utility easements. CALL TO ORDER: Freerks called the meeting to order at 7:34 pm. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: No discussion. Planning and Zoning Commission August16,2007 Page 2 Rezoninq Items REZ07-00011, discussion of a application submitted by Southgate Development Services LLC for a rezoning of approximately 45.04-acres of land from Interim Development Office Research Park (ID-ORP) zone to Medium Density Single-Family Residential (RS-8) with a Planned Development Overlay zone for approximately 34.58-acres, Interim Development Single-Family Residential (ID-RS) zone for approximately B.75-acres, and Interim Development Office Commercial (ID-C01) zone for approximately 1.71-acres; and a preliminary Planned Development of Cardinal Point South, a residential subdivision with a mix of single- family and multi-family residential dwellings. (45-day limitation period: 9/3/07) Terdalkar said at the previous meeting the outstanding issues had been discussed, most of which had been resolved. Remaining issues, some still pending resolution included: Trail network for the school. The on-street sidewalk in both Coralville and Iowa City will be sufficient for the pedestrian traffic. An 8-foot sidewalk on the north side of Kennedy Parkway between Camp Cardinal Boulevard and Camp Cardinal Road is recommended. Recommended that 66-foot right of way be maintained; the applicant has agreed. Elevations The applicant had provided new elevations earlier in the day. Staff felt the new elevation plus the two included in the Commission's information packet were adequate to meet criteria established by City Code. Mailbox clusters The applicant had changed the location of a few mailbox clusters, they were still working on obtaining a copy of the United States Postal Service (USPS) accepted mailbox. Staff had discussed with the applicant moving the mailbox clusters to the private drives instead of having them in the public right-of-way. Potential traffic implications included unnecessarily impeding traffic flow when people pulled up and temporarily parked at the mailbox cluster to retrieve their mail. Staff and the developer will further pursue this with the USPS. Stormwater Manaqement Calculations The applicant's engineer had provided calculations to the City Engineer earlier in the day and received preliminary approval that the capacity would be sufficient in the stormwater basin. Tree landscape desiqn On Ryan Court, lots 20 to 38, the applicant had agreed to include a clause in the covenant indicating that the developer would provide a list of 5 different kinds of trees for the homeowner to select from, to ensure consistency of landscaping along the street. The street trees, one per lot, would be planted on the private side of the property per the City Engineer; to the extent possible all infrastructure would I be located between the sidewalk and the street. Public trail access Staff and the developer's engineers had tried to find a way to install an ADA compliant trail/sidewalk access but due to the steep and critical slopes in the area it had not been possible. Miklo said the USPS has recently taken the position of not wanting to deliver mail to individual mailboxes located on the house or in front of residential houses on the street. The USPS was pushing to have 'gang mailboxes', a collection of 12, 16 or 20 mailboxes in one location. Staff had two main concerns, mailbox location and design of mailbox cluster (quantity of mailboxes/cluster). Location of the mailboxes is important to ensure that they are not near an intersection or located too close to the street so as to cause problems for snow plows. For the townhouses, Staff would prefer to see the mailbox clusters located in private alleys or drives behind the townhouses. Staff intend to have a discussion with the USPS to see if they would be amiable to this location for the mailboxes. For single-family and zero-lot line homes there probably is not a good alternative location for the mailboxes so Staff anticipates that the mailboxes will be located on the public street. Staff is not so concerned with the actual design of the mailboxes; the basic square metal mailbox is acceptable. The number of boxes in a cluster could become an issue. Some developers have dressed up the mailboxes by adding a roof, shelter or other decorative feature to the mailbox cluster which is typically Planning and Zoning Commission August16,2007 Page 3 located in the public right-of-way. If the developer opts to enhance the mailbox c1uster(s) in any way, the City Engineer would like to review the proposed mailbox structure/enhancement prior to the time of final platting. Staff would also like to assure that any thing built in the public streets did not detract from the overall planned development, but in this case Southgate was not proposing any structures around the mail boxes so that the location of the boxes where the concern. Eastham asked for a clarification of the minutes regarding a reference to funds being available to pay for part of Kennedy Parkway. Miklo said the school district purchased the property to the north of Kennedy Parkway. The City of Coralville and the City of Iowa City had each contributed $56,000 toward the purchase of the land with the understanding that it would be used toward building the school's half-of the street and that the school would not be responsible for building the street in that area. The money did not go to the school district but to the party who sold the land. Eastham said the previous Staff Report and discussion from the 8/2/07 Commission meeting included a number of recommendations for this application which Eastham was having difficulty finding the authority in the Zoning Code for the Commission to require those sorts of things. The mailboxes were not a bad idea; to install them so that they would not be an obstacle for the snow-plows was ok. The design of the mailboxes which was unrelated to plowing or maintenance, Eastham said he did not understand where in the Code the Commission had the authority to make that kind of requirement. The same applied to the number of townhouse units and a required number of elevations; requiring 3 or any elevations for the zero-lot line units. Miklo said this was a planned development, with a planned development the City often granted some concessions to a developer such as allowing construction of multi-family units in a single-family zone or building duplexes in a zone that didn't allow them. It resulted in higher densities than would be possible if developed as a non-planned development. The expectation was that there was a plan that laid out what would be done; drawings showing building elevations, an expectation as laid out in the intent that a plan would show a quality development and also requirement that the developer follow multi-family and zero-lot line design standards. Those design standards talked about variety, consistency in architecture, trim around windows - it was all spelled out in the Code. Miklo said he would be glad to sit down with Eastham and go over the specific points and sections of the Code. Freerks said that with Planned Development zoning the intent was for the Commission review the details of the plan in exchange for zoning bonus that are granted to the developer. Eastham said he'd read through all the Code provisions and he was not convinced that some of the specific requirements for this application were neatly and clearly contained within some of the provisions. Miklo said in terms of the planned development, it referred back to the multi-family design standards; that was where a lot of the specifics that Staff had raised were contained. East said he did not see a requirement for more than one set of elevations. Miklo said that specifically would not be found, what the Code did say was that a planned development would be suitable for a residential zone, the multi-family would contain a variety of architecture yet consistency in design. A judgment call had to be made as to whether the plans submitted for the planned development met the intent of the code and . the policies of the Comprehensive Plan. Staff provided their professional recommendation and it was up to the Commission to decide when making there recommendation to City Council. Public discussion was opened. Glenn Siders, SouthGate Development, said he pretty much concurred with everything that Miklo had said. With respect to the mailboxes, Miklo had accurately summarized the situation, the developer was more than willing to not block vision or obstruct maintenance of the street. He wanted everyone to understand that they were very limited as to what design of mailbox they could get, they were even uglier than the transformers which sat in the front yard of many homes. They were trying to work with the USPS and had only one mailbox option at present. With respect to design, they were limited as to what they could do. Planning and Zoning Commission August16,2007 Page 4 They'd had their engineer look at specifically trying to get a walkway system into the park area somewhere along Ryan or the gap between the single family and the first four units and/or in other locations. With the steep and critical slopes that were on the property, to get ADA compliance would require clearing out a massive area and use of a lot of fill, it just would not work. Physically it might be done but Siders felt it would ruin everything that the developers and Staff were trying to do. Regarding funding for street the money had been paid to SouthGate Development and the property owners of Cardinal Ridge South. They'd received payment, the school system owned their site, SouthGate had transferred the deed for their site to them. The payment was in part to bring all infrastructure to that site. The cities had participated because they wanted a school on that site, as part payment for street, sewer, everything that was associated with that street right of way. The school system would be obligated, for example, if the wanted a turn lane installed with the street, they would be responsible for the cost of that turn lane or what ever might occur because of the use of that site. It had all been agreed to in the 28E agreement. SouthGate was obligated to install the boulevard and they were happy to put it in. Eastham said he understood that Siders was in agreement with the Staff's recommendations. Eastham asked Siders to make any kind of comment about what effect the recommendations would have on the cost of the homes. Siders said they would increase the cost of the homes. From what they had started out with their original design and what they had now, they were not displeased with the design, and there was a market place for it, it was like the Peninsula, there was a market for that use but it was proven that they paid more for that use; they were paying more per square foot for that type of dwelling than the vinyl siding or customary dwellings that were seen. It was not a good thing or a bad thing, but there was a cost associated with it. Freerks said that a developer did end up with many more units than a conventional development on this property - that was part of a planned development. A trade off for higher density was some scrutiny of the design to make sure that it was compatible. Public discussion was closed. Motion: Brooks made a motion to approve REZ07-00011, a rezoning of approximately 45.04-acres of land from Interim Development Office Research Park (ID-ORP) zone to Medium Density Single-Family Residential (RS-8) with a Planned Development Overlay zone for approximately 34.58-acres, Interim Development Single-Family Residential (ID-RS) zone for approximately 8.75-acres, and Interim Development Office Commercial (ID-C01) zone for approximately 1.71-acres; and a preliminary Planned Development of Cardinal Point South, a residential subdivision with a mix of single-family and multi-family residential dwellings subject to: . Staff approval of the stormwater management facility prior to consideration by City Council . Staff approval of the locations and designs of the mailbox clusters . A conditional zoning agreement specifying 1. The section of Kennedy Parkway between Camp Cardinal Road and Camp Cardinal Boulevard will be platted, and the necessary right-of-way will be dedicated and a letter of credit of the cost of installing the water main in this section of the street will be provided at the time of final plat approval. 2. Installation of sub-grade for this section of Kennedy Parkway will be constructed by the applicant and/or owner prior to January 1, 2009 3. This section of Kennedy Parkway will be constructed prior to January 1, 2010 or when the school site (located north of Kennedy Parkway) is developed, or Outlot C of Cardinal Point South is developed; whichever occurs first, and 4. If the sub-grade is not constructed prior to January 1, 2009 or if the road is not built prior to January 1, 2010, issuance of building permits will cease for Cardinal Point South subdivision. Koppes seconded the motion. Planning and Zoning Commission August16,2007 Page 5 Miklo clarified that there had been two elevation drawings included in the information packet plus the third drawing which had been distributed prior to the start of the meeting. Plahutnik also seconded the motion. Eastham said he would vote in favor of the motion but he wanted to state for the record that it was clear to him that the development of this application through the rezoning process had added some additional cost to the eventual homeowners of the properties even though higher densities had been obtained. It was not clear to him that the zoning code was quite clearly called for some of the additional requirements. Mailboxes were trivial additional cost. things that were most difficult for him to understand were requirements for two or three alternative elevations for the zero-lot line and in some cases townhouse units; requiring full width trim around the townhouse units. Eastham said he felt that some of those things could have been done and achieved a well designed subdivision and at the same time achieved some kind of cost reduction. Plahutnik said the developer's main motivation was profit and the City/Commission tried to work within that. As they asked for things that would raise the cost(s) they tried to give something back by allowing more development and a little higher occupancy. They tried to keep things in line so the developer could go ahead with their project and make money. Plahutnik said he was aware that Eastham's hot button was low cost housing; his place on the Commission - he was not concerned either with the profit or in particular low cost housing. Plahutnik's main concern was that 25 or 30 years from now when someone drove through this area they would say that it was a really good addition to Iowa City. For the developer, hopefully buildout would occur way before then, they would be gone and they'd made their money. Some people had a pride such as SouthGate had, others didn't. Other things like the multiple elevations, Soviet block housing was the most egregious example of single face mass development. Hopefully no one would do that in Iowa City however there were areas of town that one could drive through and say, "What were they thinking? This looked like a mini Soviet block development." There were tradeoffs and each person on the Commission might have a different focus. Eastham's focus was low cost housing, Plahutnik said he had other things on his mind which include the long-term livability of the community. Freerks said it was not black and white, the Code allowed them to do such things in a planned development and she didn't see any issue with it. Freerks said she agreed with Plahutnik; looking at the Longfellow Manor there were a lot of units there and work had been done to create a lot of variety and make the units seem more individual. It had been a benefit to the neighborhood. This application was somewhat similar. She supported having neighborhoods that were sustainable and had a lot of variety, she felt this development would be a good development and she looked forward to seeing it. The vote passed on a vote of 6-0 (Smith absent). REZ07-00012, discussion of an application submitted by George Sehl for a rezoning from Intensive Commercial (CI-1) zone to Community Commercial (CC-2) zone for approximately 0.95-acres of property at 805 and 817 South Gilbert Street. (45-day limitation period: 9-8-2007) Miklo said this parcel was part of a larger CI-1 zone to the west and was bordered on the east by CC-2 zone. The north property contained a medical office, the building on the south property was currently vacant and for lease. Buildings further north contained offices, apartments and a bike shop. Kennedy Plaza was to the east, commercial on the ground floor with residential on the second floor. To the south and west was Ralston Creek, there would be no development to the south as it was publicly owned land and contained the creek bed. To the west was also the creek and further west was a warehouse and quasi-industrial uses. Staff felt the rezoning made a lot of sense as the creek provided a natural transition point from the proposed CC2 and the existing CC2 in the area and the more intensive commercial and quasi-industrial area to the west of the creek. The comprehensive plan showed the area as being generally commercial and the area to the south as intensive plan. The text of the Plan talked about the change in character of the neighborhood; Staff felt that that opened the door for the rezoning to CC-2 without doing a major Comprehensive Plan amendment and it was right on the line of the area of a CC-2 zone as shown in the Comprehensive Plan. It was a small enough area that Staff didn't feel an amendment to the Comprehensive Plan was warranted. Planning and Zoning Commission August16,2007 Page 6 Gilbert was an arterial street with some congestion. Given the existing buildings on the site, the CC-2 uses would not likely generate more traffic than a CI-1 use. There were good sidewalk networks in the area so it was suitable for pedestrian traffic. Between the two properties there were 34 parking spaces, sufficient for the proposed office use. Staff recommended approval of the proposed rezoning from CI-1 to CC2. Public comment was opened. Charlotte DePew, 1901 Farrel Drive. DePew was there as part of Informed Choice of Iowa Corporation, who held the primary purchase offer to purchase the South Gilbert Street property which was currently for lease. Their offer was contingent upon the rezoning because they were a non-profit medical clinic. Public comment was closed. Motion: Koppes made a motion to approve REZ07-00012, a rezoning from Intensive Commercial (CI-1) zone to Community Commercial (CC-2) zone for approximately 0.95-acres of property at 805 and 817 South Gilbert Street. Brooks seconded the motion. Freerks said it seemed like a common sense thing to do; there was no need to change the Comprehensive Plan in any way to accommodate this. Koppes agreed. The motion passed on a vote of 6-0 (Smith absent) Vacation Item VAC07-00005, discussion of an application submitted by Hieronymus Square Associates to vacate 102 feet of the north-south alley located in Block 102 subject to the retention of public access and utility easements. Miklo said this area had been rezoned to CB-10 last year; previous to that the City had vacated a portion of the alley right-of-way and an alternative alley right of way was established to maintain circulation through the block. In conjunction with the development of Hieronymus Square, the Commission had vacated a section with the requirement that an alternative alley or public access easement be established in its place. The applicant was now seeking the vacation, it was determined that rather than having an alley it would be better to have a public access. The City would retain the most southern portion of the alley. As Hieronymus Square proceeded and the designs developed the underground parking area would include almost all of the use of the land under the property and the applicant would be seeking permission to use the land under the alley. To make it clear so there would be no liability issues or lease issues involved, Staff recommended vacation of the alley and retaining an access easement so the public could continue to use the property. The applicant had agreed to do all snow maintenance of the alley. A new building on the former Rebel Plaza property is currently under construction. It would have an underground parking access from the southern part of the alley. With the new design of Hieronymus Square, their underground parking which would be devoted to the residential and upper floors, would be accessed through the parking structure, it would be the easiest way to get there and eliminated a lot of ramping and conflicts with sewer and other easements. Staff recommended approval of V AC07 -00005 subject to retention of public access and utility easements. Plahutnik said if this were a transfer of property between two private parties, there would be some consideration involved. It seemed like the consideration that the City was getting was on the applicant's way to plowing their own lot, they were going to plow the alley as they went anyway. It didn't seem like much consideration in exchange for getting a chunk of city downtown property. It seemed like they had been in the business of giving away downtown property for the last couple of years. Holecek said the City did have an obligation to try and get fair market value. The swap in the consideration was rather than trying to do an agreement where the City would still retain all liability issues and try to manage the property above and below, they got the benefit of still having all public access surface rights without having the responsibility of maintenance of any of the concrete or the snow removal. Given that the City had taken the stance that this project was also worthy of TIFFing, Legal Staff felt it was a fair swap given that the applicant was going to absorb most of the property anyway. Miklo said if this was not going to be encumbered by easements, the City would charge the applicant. The public still had the right to occupy and Planning and Zoning Commission August 16, 2007 Page 7 access it. Holecek said the City had one of the most important sticks in the bundle of rights, non exclusivity, meaning that the applicant could not exclude the public so there was still public access. Koppes said the Planning and Zoning Commission was never involved in monetary considerations for right- of-way vacations anyway. Freerks said this one seemed to have a little different flavor than the vacations they usually did. Holecek said it was up to the City Council to determine if they felt it was a fair disposition or not. Public discussion was opened. No public discussion. Public discussion was closed. Motion: Eastham made a motion to approve V AC07 -00005, the vacation of 102 feet of the north-south alley located in Block 102 subject to the retention of public access and utility easements. Brooks seconded. The motion passed on a vote of 6-0 (Smith absent). CONSIDERATION OF THE AUGUST 2.2007 MEETING MINUTES: Motion: Brooks made a motion to approve the minutes as typed and corrected. Plahutnik seconded. The motion was approved on a vote of 6-0. (Smith absent) OTHER ITEMS: Memorandum from Karen Howard dated 8/10/2007, regarding REZ07-00010 - St. Patrick's Church and related NE District Plan amendment. Miklo said Staff had drafted the CZA for the St Patrick Church site and the Miller's property. The Miller's had shared it with their attorney, who had indicated a desire for some flexibility if the Church was not built. He'd asked for the additional clause in the CZA. Staff felt it was consistent with the intent of what was being done and therefore presented it to the Commission. If there was any concern, Staff would take it to the City Council next week. Brooks said it read fine to him. Koppes said it was fine with her. Eastham said he was fine with it. Freerks said she would abstain from comment or participation. Permanent change of informal meeting time to 5:30 pm. Plahutnik said during the holiday season the earlier meeting time would be difficult for him. Consensus by the Commission to move the informal meeting time to 5:30 pm on Mondays until December. December and January informal meeting start time to be reviewed closer to the holiday season. ADJOURNMENT: Motion by to adjourn by Koppes. Seconded by Plahutnik. Motion approved by a vote of 6-0 (Smith absent). The meeting was adjourned at 8:24 pm. Minutes submitted by Candy Barnhill. s/pcd/mins/p&zJ2007 /8-16-07 .doc Iowa City Planning & Zoning Commission Attendance Record 2007 FORMAL MEETING Term Name Expires 1/18 2/01 2/15 3/01 3/15 4/05 4/19 5/03 5/17 6/07 6/21 7/12 7/19 8/2 8/16 B.Brooks 05/10 X X X X X OlE X X X X OlE OlE X X X C. Eastham 05/11 X X X X X X X X X X X X X OlE X A. Freerks 05/08 X X X X X X X X X X OlE X X X X E.Koppes 05/12 X X OlE X X X X X X X X X X X X W. Plahutnik 05/10 X X OlE X X X X X X OlE X OlE OlE X X D.Shannon 05/08 X X 0 X X X X X X X X X X X X T. Smith 05/11 X X X X OlE X X X X X OlE X X X OlE Term Name Expires 1/29 2/26 4/16 4/30 6/18 7/9 7/16 7/31 B. Brooks 05/10 X X X X X X X X C. Eastham 05/11 X X OlE X X X X X A. Freerks 05/08 X X X X OlE X X X E. Koppes 05/12 X OlE X X X OlE X X W Plahutnik 05/10 X X X X X OlE OlE OlE D.Shannon 05/08 OlE X X X X X OlE X T. Smith 05/11 X X X X X OlE X OlE NFORMAL MEETING Key: X = Present o = Absent OlE = AbsenUExcused MINUTES DRAFT C~~ Youth Advisory Commission August 22,2007 Lobby Conference Room, City Hall Members Present: Bleam, Nelson, Segar, Weeks Members Absent: Keranen Others Present: City Clerk Marian Karr, City Council Liaison Amy Correia, Parks & Recreation Director Terry Trueblood Nomination of Temporary Chairperson: Bleam nominated Segar, seconded by Nelson. Approved 4-0. Call to Order: Meeting was called to order at 7:08 P.M. Approve Minutes: Motioned by Bleam, seconded by Weeks. Approve 4-0. Report from the Website Subcommittee: Nelson reported that he would begin work on flyers advertising the website, the events calendar, the Youth Empowerment Grant Program, and the Commission. Karr noted that if she was provided with templates she could arrange printing with a turnaround time of one business day. Where the flyers would be posted and distributed was discussed. Some places noted included: UA Y center, area schools, libraries, high school activity fairs, and posted as advertisements on Facebook. Bleam stated that he could facilitate UISG dispersal of the flyers. Nelson asked the commission to submit events to the calendar. Report from Grant ProQramminQ Subcommittee: A press release was issued and the website was updated to include new materials regarding the Youth Empowerment Grant. Nelson noted he was contacted by a reporter at the Iowa City Press-Citizen regarding a possible story on the Youth Empowerment Grants. Youth Advisory Commission August22,2007 Page 2 DRAFT Nelson noted that he, and Chair Keranen, would be a guest on KXIC on Thursday evening discussing the Youth Empowerment Grants and the Commission. Nelson asked for a member to be appointed to the Grant Programming subcommittee. David Segar was chosen. Parks, Recreation, and Trails Master Plannina Process Update: Parks & Rec. Director Trueblood noted that the master planning process was beginning. He asked the Commission to assist with orchestrating a focus group specifically for youth. The consultant suggested an ideal group size of 18-20 participants. The focus group will be held on September 19 at 6:30PM at the recreation center. The focus group would be facilitated by the consultant. The Commission will help with recruiting representatives to attend. At the focus group the consultant would provide a two page questionnaire. The age range of participants will be 12 through 19, representing the junior high schools, high schools, young college students, and young adults. The event will have a maximum length of two hours. A general meeting open to the public will follow a series of focus group discussions. Trueblood asked the Commission to identify groups to ensure good representation of the varied opinions and views. Trueblood noted that the consultant advised that 2/3 of the invited students would likely attend, and that follow-up phone calls are effective in ensuring good attendance. For obtaining youth ages 18-19, Correia suggested inviting referees from the recreation center flag football games. She also suggested inviting students from the service learning community at the University of Iowa. Trueblood suggested inviting UISG freshmen representatives and students from the UI Leisure Studies program, based on their area of study. Karr suggested that if enough invitees were interested, there could be a second focus group. Trueblood noted that there is not a residency requirement for participants. Correia stated that the following would receive invitations to identify two participants: . UI Leisure Studies program - Director . UI Service Learning community - Vanderbeek/Resident Assistant . UI Student Government - UISG PresidenWice-president . Tate High School -Principal . Neighborhood Center of Johnson County -Principal . United Action for Youth -Principal . Regina High School -Principal . City High School -Principal Youth Advisory Commission August 22, 2007 Page 3 DRAFT . West High School -Principal . North Central Junior High School -Principal . Southeast Junior High School-Principal . Northwest Junior High School -Principal Correia also suggested that each commissioner bring at least one person with them to the focus group. Trueblood will draft the invitation letter, asking the contact person to select two or three representatives to attend the focus group. The Commission chairperson (Keranen) will co-sign the letter with Trueblood. Karr will coordinate the mailing of the invitations. Follow up calls will be made the week of September 10 by commissioners. Trueblood noted that the master planning process involved more than just focus groups, including a comparison of cities of similar size with universities. Correia suggested that the letter indicate that we are "hoping for representation that reflects the diversity of the student population". Trueblood noted that there may be an advisory commission for the master planning process. If it is formed, he would like an appointee from the Commission. Public Discussion: None. Council Liaison Information: Correia noted that the Commission should consider in the long term organizing a Youth Summit. An nou ncementsll nvitations: Karr reported that no applications had been received for the vacant 15-17 year old position, and noted that Stubbers had moved to Des Moines, effectively vacating her 18-21 year old position. Karr noted that the application forms can be found in numerous places including the Iowa City website, and they can be picked up from the City Clerk's office. Segar suggested targeting other area high schools to obtain more varied representation. Tentative MeetinQ Schedule: The next meeting was set for September 24 at 7pm. Karr noted that the budget planning for the next fiscal year would be starting soon. Youth Advisory Commission August22,2007 Page 4 DRAFT Review Annual Report: The following changes were requested to the draft report: ~ Correia noted the public input session was on drugs, alcohol, and tobacco. ~ Nelson noted that the Mini-Grant program is now called the Youth Empowerment Program. Bleam moved to approve the report as amended, seconded by Nelson. Approved 4-0. Citizenship Awards: At the next meeting commissioners will choose dates to present monthly citizenship awards from October 2 to April 1. Meetina Adiournment: Moved by Nelson, seconded by Bleam. The meeting was adjourned at 8:26 PM. Minutes prepared by Nelson. x = Present o = Absent OlE = Absent/Excused NM = No meeting = Not a Member KEY TERM 1/17 2/21 3/21 4/25 5/30 7/18 7/25 8/22 NAME EXP. Audrey 12/31/07 X X X X X X X 0 Keranen Sarah 12/31/07 X X OlE X X X X --- Ziegenhorn Un Weeks 12/31/08 X X X OlE X OlE X X David Segar 12/31/08 X X OlE X X X X X Maison 12/31/07 X OlE X OlE OlE X 0 X Bleam Jacqueline 12/31/07 X X OlE OlE X OlE OlE -- Stubbers Michael 12/31/08 X X X X OlE X X X Nelson (Meeting Date) YOUTH ADVISORY COMMISSION ATTENDANCE RECORD YEAR 2007 DRAFT Page 1 of 1 Dale Helling From: Deb Mansfield Sent: Wednesday, September 12, 2007 3:42 PM To: Dale Helling; Kevin O'Malley Subject: Council Request A City Council candidate stopped by and was wondering what the property tax impact is to the residential and commercial taxpayers in FY08 for the current Emergency Communications Department Budget: Pg 50: Property Tax askings in FY08 for Emergency Communications 853,505 2,331,569,522 Iowa City Taxable Valuation, 1/1/06 for Taxes payable in FY08 Tax rate related to Emergency Communications: 853,505/2,331,569,522 = $0.36606 Residential Rollback factor for FY08: 45.5596% Residential Taxes per $100,000 valuation for Current Emergency Communications Budget (100,000 * .455596)/1,000 * $0.36606 = $16.69 Commercial Taxes per $100,000 valuation for Current Emergency Communications Budget (100,000/1000) * $0.36606 = $36.61 Thanks, Deb Mansfield Budget Management Analyst 9/12/2007 ,~ 1 -~= -....11: .....--..... ~~~!! "",... ~IIII.' -..~ CITY OF IOWA CITY MEMORANDUM DATE: September 13,2007 TO: City Council Candidates ~~ FROM: Marian K. Karr, City Clerk RE: Information available on City Website You are encouraged to visit the City's website at www.icgov.org. In addition to current Council packets, the website includes all Council documents dating back to 1990. Just go to www.icgov.org/councilagendas.aslJ. The web provides information on: . City services . Jobs . Collective Bargaining Agreements (under Jobs listing) . Departmental and staff contact information . Annual Reports of City Boards and Commissions . Annual Reports of the Fire Department, Police Department, and Library Board . Ten year strategic plan for the Fire Department . Helpful Non-City links to other communities and government entities . Bid information for construction projects, commodities and services . EZ-Pay function for on-line payment of utility bills and parking tickets . Citizens Service Center - one stop portal for complaints, reports, on-line research . Permit look-up function - building permits, housing inspection records. . ICGOV2U - subscription service to City e-mails. . Log of Police activity, arrest blotter. . User friendly tools to aid new residents, students, or casual visitors . City Comprehensive Plan . Historic Preservation Plan . CITY STEPS U :candidatewkshopinf.doc JC/l'l/tfJt/aheAds CITY OF lOW A CITY, lOW A FINANCIAL PLAN FOR 2008 - 2010 Fund: 1000 General Beginning Balance Current Taxes Other City Taxes General Use Permits Food & Liquor Licens Professional Licenses Mise Permits & Licen Construction Permit & Inspections Misc. Lie. & Permits Fed. Intergov. Rev. Property Tax Credits State 28e Agreements Other State Grants Local Govt 28e Agreements Bldg & Development police Services Animal Care Servs Fire Services Transit Fees Culture And Recreation Misc. Chg. For Ser. Water Charges For Services Code Enforcement Parking Fines Library Fines & Fees Contrib & Donations Printed Materials Animal Adoption Mise Merchandise Intra-city Charges Other Misc Revenue Interest Revenues Rents Parking Lot Revenue Pkg Ramp Revenue Royalties & Commissions Sale Of Assets Empl Benefits Levy Emergency Levy Road Use Tax Mise Other Operating Transfers From Water Operations From Wastewater Operations From parking Operations From Airport Operations From Broadband Transfers From GO Bonds Interfund Loans Mise Transfers In Loans Total Receipts Personnel Services SUPJ?lies Capltal Outlay Transfers Out Contingency Total Expenditures Bnding Balance Reserved / Designated Unreserved Balance \ of Expenditures 2006 Actual 2007 Estimate 2008 Budget 2009 2010 Projection Projection 17,989,182 19,761,364 18,118,644 16,782,872 17,041,585 19,772,004 1,076,393 42,656 95,798 45,495 2,675 1,069,280 30,432 702,988 13,709 1,114,740 458,963 640,566 391,846 56,217 6,763 10,888 857,998 638,831 60,478 3,955 449,429 533,701 203,926 67,761 24,822 11,567 24,856 1,603,263 225,618 1,101,093 211,485 8,723 190,817 33,340 93,830 7,585,382 566,642 3,829,636 379,273 200,000 21,725,341 1,057,692 34,080 96,173 50,410 1,925 1,000,175 37,455 789,009 24,739 1,148,140 451,682 618,427 347,374 33,330 8,000 16,300 801,745 677,209 63,968 3,912 390,050 550,000 207,432 269,800 22,505 15,000 21,306 1,612,027 188,559 1,303,221 287,668 8,666 3~0,000 23,425 285,216 8,210,493 87,827 3,979,975 309,010 12,518 12,518 200,000 6,259 152,821 23,840 7,500 22,292,342 1,116,846 42,629 97,680 45,495 2,675 1,036,762 31,325 785,000 24,739 1,182,700 497,456 606,945 369,093 61,110 8,000 11,528 855,994 652,842 60,826 3,955 452,392 550,000 203,926 235,384 24,687 15,000 24,998 1,643,531 197,606 1,253,221 352,393 8,723 345,000 27,377 101,330 8,495,028 4,174,201 557,452 14,699 14,699 200,000 7,350 152,821 320,000 25,054 3,500 22,942,680 1,136,297 42,629 97,680 45,495 2,675 1,036,762 31,325 785,000 24,739 1,218,181 497,456 626,881 369,093 61,110 8,000 11,528 855,994 652,842 60,826 3,955 452,392 550,000 203,926 227,384 24,687 15,000 24,998 1,643,531 197,606 1,253,221 352,393 8,723 345,000 27,377 101,330 8,890,001 241,439 4,243,607 495,357 16,001 16,001 200,000 8,001 152,821 26,335 3,500 23,612,181 1,156,103 42,629 97,680 45,495 2,675 1,036,762 31,325 785,000 24,739 1,254,726 497,456 627,215 369,093 61,110 8,000 11,528 855,994 652,842 60,826 3,955 452,392 550,000 203,926 227,384 24,687 15,000 24,998 1,643,531 146,256 1,250,000 352,393 8,723 345,000 27,377 101,330 9,298,731 250,000 4,262,778 432,179 17,323 17,323 200,000 8,661 152,821 162,821 460,000 22,679 101,335 9,225 45,193,899 47,484,722 49,186,314 50,231,779 51,253,647 30,503,770 8,454,301 2,010,938 1,524,344 928,364 o 32,801,850 9,631,718 2,256,571 2,206,212 2,034,591 196,500 33,730,753 9,874,567 2,420,804 1,828,280 2,298,452 369,230 34,890,263 9,752,453 2,520,383 1,419,126 1,016,341 374,500 3,500 36,028,511 9,973,463 2,625,685 1,174,646 1,166,806 384,860 43,421,717 49,127,442 50,522,086 49,973,066 51,353,971 19,761,364 18,118,644 16,782,872 17,041,585 16,941,261 2,027,516 1,780,986 2,355,713 2,870,796 3,304,950 17,733,848 16,337,658 14,427,159 14,170,789 13,636,311 41\ 33\ 29\ 28\ 27\ - 20- City of Iowa City *Taxable Assessed Property Valuations Certified for Tax Levies Description * Fiscal Year 2008 1 00% Assessment State rollback Less: Exemptions Less Gas & Electric Commercial, Industrial & Utilities Residential $2,733,046,488 $1,197,203,188 0.455596 Taxable Assessed Value. for Debt Levy Less TIF Increment - available for debt only $1,245,164,986 $1,184,692,458 $ Taxable Assessed Value. Regular Levies Fiscal Year 2007 100% Assessment State rollback Less: Exemptions Less Gas & Electric $2,644,769,911 $1,213,801,618 0.45996 Taxable Assessed Value. for Debt Levy Less TIF Increment - available for debt only $1,216,097,484 $1,150,301,042 $ Less: Exemptions Military & TIF Values (3,424,348) ( 41,542,405) Taxable Assessed Valuation $3,930,249,676 (1,500,392,232) (3,424,348) (41,542,405) (44,966,753) $2,384,890,691 (94,863,574) (94,863,574) $2,290,027,117 (3,462,684) (42,641,354) $3,858,571,529 (1,492,173,003) (3,462,684) (42,641,354) (46,104,038) $2,320,294,488 (77,784,899) (77,784,899) Taxable Assessed Value. Regular Levies $2,242,509,589 **State rolled back Commercial and Railroads to 99.1509% for this year, Other Utilities and Industrial are at 100%. Fiscal Year 2006 100% Assessment State rollback Less: Exemptions Less Gas & Electric $2,236,610,259 $1,057,573,490 0.479624 Taxable Assessed Value. for Debt Levy Less TIF Increment - available for debt only $1,072,773,878 $1,053,489,045 $ Taxable Assessed Value. Regular Levies Fiscal Year 2005 100% Assessment State rollback Less: Exemptions Less Gas & Electric $2,154,800,557 $1,038,402,453 0.484558 * - Taxable Assessed Value. for Debt Levy Less TIF Increment - available for debt only $1,044,125,682 $1,032,424,900 $ (3,484,353) (42,834,191 ) $3,294,183,749 (1,167,920,826) (3,484,353) (42,834,191 ) (46,318,544) $2,079,944,379 (31,028,292) (31,028,292) $2,048,916,087 (3,627,327) (45,612,494) $3,193,203,010 (1,116,652,428) (3,627,327) (45,612,494) (49,239,821) $2,027,310,761 (23,439,402) (23,439,402) Taxable Assessed Value. Regular Levies $2,003,871,359 HState rolled back Commercial and Railroads to 99.257% for this year, Other Utilities and Industrial are at 100%. Fiscal Year 2004 100% Assessment State rollback Less: Exemptions Less Gas & Electric $974,592,309 $1,985,685,748 0.513874 * - Taxable Assessed Value. for Debt Levy Less TIF Increment. available for debt only $1,020,392,299 $974,592,309 $ Taxable Assessed Value. Regular Levies HCommercial, Industrial and Utilites are at 100% for this year. *Does not include Tax Exempt Properties A-17 (3,701,778) (45,505,049) $2,960,278,057 (965,293,449) (3,701,778) (45,505,049) (49,206,827) $1,945,777,781 (13,156,396) (13,156,396) $1.932,621,385 Rollback History 08 .4556 07 .4600 06 .4 796 05 .4845 04 .5138 03 .5166 02 .5626 01 .5485 . 00 .5647 99 .5490 98 .5882 97 .5931 Finadm/bgVfy08/harts. doc The City's property tax requests for FY2008 through FY2010 including the FY2007 certified tax request, are as follows: FY2007 *Certified FY2008 Budget LEVIES Tax Rate Tax Rate Dollars per $1,000 Dollars per $1,000 General Fund Tax Levies: General $ 18,151,050 8.100 $ 18,549,220 8.100 Transit 2,128,827 0.950 2,175,526 0.950 Tort Liability 820,383 0.366 944,682 0.413 Librarv 605,035 0.270 618,307 0.270 Subtotal: 21,705,295 9.686 22,287,735 9.733 Special Revenue Levies: Emergency 86,184 0.038 - 0.000 Emplovee Benefits 8,288,285 3.699 8,652,546 3.778 Subtotal: 8,374,469 3.737 8,652,546 3.778 Debt Service 8,994,064 3.879 9,028,600 3.786 Total City Levy Property $ 39,073,828 * 17.302 $ 39,968,881 17.297 Taxes: % Change from 7.19% -2.41% 2.29% -0.03% Drior vear: Agland Levy $ 4,751 3.004 $ 4,607 3.004 Total Property Taxes $ 39,078,579 --- $ 39,973,488 -- * FY 2007 adopted budget projected the FY20071evy at $17.29662, which was used as the basis to set the FY20081evy rate. The state certified the FY 2007 rate as $17.30225 with revised valuation. FY2009 Projected FY2010 Projected LEVIES Tax Rate Tax Rate Dollars per $1,000 Dollars per $1 ,000 General Fund Tax Levies: General $ 19,095,376 8.100 $ 19,657,224 8.100 Transit 2,239,581 0.950 2,305,477 0.950 Tart Liability 966,603 0.410 989,632 0.408 Librarv 636,513 0.270 655,241 0.270 Subtotal: 22,938,073 9.730 23,607,574 9.728 Special Revenue Levies: Emergency 237,207 0.101 245,667 0.101 Emplovee Benefits 8,947,881 3.796 9,230,062 3.804 Subtotal: 9,185,088 3.897 9,475,729 3.905 Debt Service 11,303,363 4.600 12,088,547 4.775 Total City Levy Property $ 43,426,524 18.227 $ 45,171,850 18.408 Taxes: % Change from 8.65% 5.38% 4.02% 1.00% Drior year: Agland Levy $ 4,607 3.004 $ 4,607 3.004 Total Property Taxes $ 43,431,131 - $ 45,176,457 - - 14- FY2008 Budget General Fund Revenue $49,186,314 Miscellaneous Use of Money & Property 2% / Other Sources 11% Licenses & Permits 3% Other City Taxes 2% General Fund revenue is summarized into eight major categories. An analysis of each category follows: 1. Prooertv Taxes - Property tax revenue provides 63% of General Fund revenue in FY2008. This includes transfers in from the Employee Benefits and Emergency Levy funds. Property tax support within the General Fund is proposed to increase by 2.5% in FY2008 to $30.8 million. Property taxes for FY2009 are proposed at $32.1 million, an increase of 4.2%. FY2010 property taxes are projected at $33.2 million, a 3.4% increase. . Direct Receipted Levies - This includes the general, transit, library, tort liability and agriculture land levies. The property tax revenue as proposed will be at the maximum allowable levy rates per State of Iowa Code, except for the tort liability levy which has no maximum. FY2008 direct property tax revenues are projected to be $22.3 million or 2.6% greater than FY2007. FY2009 is projected to increase by 2.9% to $22.9 million and FY2010 by 2.9% to $23.6 million. . Transferred Levies - The employee benefits levy property tax revenue is receipted into the Employee Benefits Fund and then transferred to the General Fund. In FY2008 the Employee Benefit Fund will transfer $8.5 million to the General Fund. The emergency levy is receipted first into the Emergency Levy Fund and then transferred to the General Fund. It will not be levied in FY 2008. 2. Other City Taxes - This includes revenue from the state-administered Hotel/Motel tax, a seven percent (7%) tax upon gross hotel/motel room rental receipts. Receipts are allocated as follows: Police Patrol (47.5%), Convention and Visitors Bureau (25%), Parks and recreational facilities (27.5%). FY2008 Hotel/Motel tax is estimated at $673,772. This category also includes a gas and electric excise tax, a state-legislated reclassification from property tax to usage tax. While cities were guaranteed a revenue-neutral period from FY2001 through FY2003, they are no longer guaranteed to match the property tax rate. The gas and electric excise tax is budgeted at $404,301 in FY2008, based on the City's proposed property tax rate and valuations supplied by the State Department of Revenue and Finance. -17- . Please returp. thl. lItub with your September 2005 payment (penany of 1Y2% monthly begins October 1, 2005) Remit to: THOMAS L. KRIZ JOHNSON COUNTY TREASURER PO BOX 2420 Phone: IOWA CITY IA 52244.2420 (318) 356-8087 Accepted Payment Method: Check, Cash, www.iowatreuurers.org 111111111111111111111111111111111111111111111111111111111111111111111111111 Parcel #: Receipt #: 113893 Year: 2004 TAX DUE: FULL YEAR DUE 09101105 $4,690.00 $2,345.00 Make checks payable to Johnson County Treasurer. Seq# 26 238 D Check here if your mailing address has changed (Print the new address on the back of this stub.) If your .mortgage company pays your taxes, this statement Is for your nformatlon only. Please return this stub with YQur March' 2006 'p'a.v.ment (Penalty of 1Yz% monthlj begins April 1, 20CJ6) Remit to: THOMAS L. KRIZ JOHNSON COUNTY TREASURER PO BOX 2420 Phone: IOWA CITY IA 52244.2420 (319) ~1 Accepted Payment Method: Check, Cash, www.iowatreas~..org 111111111111 1111111I111111111111 1111 1111111111111111 111111111I11111111111 Parcel #: Receipt #: 113893 Year: 2004 TAX DUE: FULL YEAR DUE 03101106 $4,690.00 $2,345.00 Make checks payable to Johnson County Treasurer. T D Check here if your mailing address has changed (Print the 'new acldress;On 1he back of"lhls'Stub.) If your .mortgage company pays your taxes, this statement Is for your Information only. This Is your 2005/2006 Johnson County Property Tax statement. Taxes for the period 7/1/04 through 6/30/05 payable September 2005 and March 2006 based on January 1, 2004 valuation. Thomas L. Kriz Johnson County Treasurer PO Box 2420, Iowa City IA 52244 Phone: (319) 356-6087 SectionITownship/Range: School: IOWA CITY-IOWA CITY Deedholder: Parcel: Receipt: 113893 Year: 2004 Loan Company:. Taxing District: ICI Contract Owner: PROPERTY INFORMATION: Address: Parcel: Tax District: ICI IOWA CITY-IOWA CITY Gross Acres: nla Exempt Acres: nla Tolal Acres: 0.00 Legal Description: ~ INSTRUCTIONS & IMPORTANT INFORMATION: It is the desire of the Treasurer's office to give every assistance possible to our customers, It is your responsibility to see that you receive statements covering all properties you wish to pay, Including special assessments or any other tax assessed against you.' Statements are sent one time per year. All penalties are rounded to the nearest dollar. A $4 service charge is added if not paid by May 1 (code 446.9). SPECIAL ASSESSMENTS I TAX SALES I DELINQUENT TAXES: Specials - NO Tax Sales. NO Delinquent. NO Description Current Year Previous Year V ASSESSED VALUES Land 43,770 43,770 A Building 0 0 ];{ Other 219,000 219,000 TOTAL 262,770 262,770 y, ROLLBACK FACTOR ::A' (Asaesaed . Rollback=Taxable) 0.479643795 0.484556837 tr:: TAXABLE VALUES ]{ Land 20,994 21,209 Building 0 0 :0 Other 105,042 106,118 ::Jf GROSS TAXABLE VALUE LESS CREDITS TO VALUE ::1: MIlitary 0 0 NET TAXABLE VALUE 126,036 127,327 ..... Total Combined LEVY RATE 38.3553300 37.0266500 ?r GROSS TAXES 4,834.15 4.714.49 :A: (Net Tillable Val... x Levy Rate /1000) X LESS CREDITS TO TAXES ::IS:: Homestead 145.10 145.46 a: AG Land 0.00 0.00 Family Farm 0.00 0.00 &: Prepaid Taxes nla nla ::F:, Low Income/Elderly 0.00 0.00 ::~:: :a ..... TOTAL ANNUAL TAXES & FEES 4,690.00 4,570.00 Johnson County received $91.33 in State Mental Health Tax Relief on this property. HOW YOUR TAXES ARE DISTRIBUTED I This Parcel . Total For Authorltv Taxing Authority I % Of Tax I Current Year I PreViOUS Year Current Year I Previous Year I % Change STATE OF IOWA 0.010 0.49 0.50 3&6,150 376,182 + 2.459 AG EXTENSION 0.162 7.61 7.91 :146,543 244,113 +0.671 CITY ASSESSOR 0.620 29.06 29.25 41'7,151 475,338 + 2.634 AREA X 1.692 79.35 a2.49 9,sas,S39 9,267,952 + 3.427 COUNTY-URBAN 15.181 74U4 723.84 24, 129,024 22,797,423 +5.841 IOWA CITY SCHOOL 35.411 1,660.77 1,519.03 43,478,518 39,5S'7,477 +9.829 CITY OF lOW A CITY 46.223 2,167.18 2, 136.9S 37,296,343 35,340,151 + 5.533 Due September 1, 2005 Prtpg-26,236 0-26.236 Date Paid: Check#_ Due March 1, 2006 Date Paid: Check#_ 1 of 1 $100,000 in Property Value (FY08 ) Assessed Value Rollback 08 Taxable Value City Tax Rate City Tax Other Taxes (rate) County Schools Community College State Other Taxes Total Property Taxes Finadm/bgtlfy08/charts.doc Residential Commercial Industrial $100,000 X 45.56 $ 45,596 17.297 788 21 .534 $100,000 X 0 $100,000 17.297 1,730 21.534 $ 981 1.769 $ 2.153 $ 3,883 2 Types of Debt GeneraIObligation.(G.O.) Revenue GO Debt full faith and credit lower cost debt (interest rate) non-taxable rated Aaa Council has authority to sell debt (State regulation) Revenue Debt pledge assets of operation ability to produce income fixed assets rated A 1 not part of property tax Finadm/bgVfy08/harts. doc E. DEBT SERVICE FUND This fund accounts for annual principal and interest payments due on general obligation debt of the City. Funding is provided by the debt service property tax levy, transfers from proprietary funds (Parking, Wastewater, and Water) and 64-1A TIF district tax revenue. Debt Service issuance in FY2007 includes a $3.35 million refunding of GO Bonds from 1991 and $8.8 million in general purpose bonds. FY2008 through 2010 issues are estimated at $10.25 million, $10.5 million and $7.45 million, respectively. As stated in the City's Fiscal Policy, "Debt incurred as a general obligation of the City of Iowa City shall not exceed statutory limits: presently 5% of the total assessed value of property within the corporate limits as established by the City Assessor." The following schedule and graph depict current and estimated future debt margins for the City. Property valuations for FY2008 - 2010 have been estimated with the assumption of three percent (3%) growth, annually. Allowable Debt Margin Outstanding Debt as % of Fiscal (5% of Total Debt Allowable Year Total Property Valuation ProDerty Va!.) at Julv 1 Debt Margin FYOO 2,416,782,699 120,839,135 46,165,000 38% FY01 2,591,030,038 129,551,502 41,190,000 32% FY02 2,692,448,464 134,622,423 61,565,000 46% FY03 2,909,644,383 145,482,219 85,260,000 59% FY04 2,962,505,107 148,125,255 79,100,000 53% FY05 3,195,170,779 159,758,539 85,085,000 53% FY06 3,214,973,037 160,748,652 85,290,000 53% FY07 3,732,590,506 186,629,525 85,060,000 46% *FY08 3,931,783,525 196,589,176 85,370,000 43% *FY09 4,049,737,031 202,486,852 87,625,000 43% *FY10 4,171,229,142 208,561,457 88,925,000 43% * Estimate - 26- 250 200 G.O. Debt Outstanding . by Fiscal Year. - ~ ~ 150 .!! '0 o '0 1/1 ~ 109 == . . + + . . + . . . . o IDAllowable Debt Margin . Outstanding Debt at July 1 50 ~~" ~~"" ~~~ ~~ ~~~ ~ro ~~ ~~tO A~OJ A"~ << << << <<4:. << <<4:. <<4:. ,.<< ,.<( . ,.<( . Fiscal Year (FY) Iowa City's Fiscal Policy also includes the guideline that "the debt service levy shall not exceed 25% of the city levy in anyone fiscal year." The following chart shows the debt service levy as a percentage of the city levy for FY99 through FY10. The levies for FY01-FY07 are certified; the levies for FY08, FY09, and FY10 are projected. FY07 and FY08 had one-time reductions in the debt levy as part of General Fund balance reductions. * Estimated Debt S!3rvice Levy As a Pe rce ntage of Total Property Tax Levy 30% 25% 20% 20% 15% 10% 5% - (25% Recommended Maximum) 26% 26% 23% 23% 0% !:)" ~ ....'l- ....~ _Ilo ....f) _eft 'l-~v ~v ~fJ'. "'~v 'l-~~- ",>~ !:)~ !:)tI' !:),,~ .... ,.~ ,.~ ,.~ Fiscal Year (FY) * Estimated - 27- CITY OF lOW A CITY, lOW A FINANCIAL PLAN FOR 2008 - 2010 Fund: 1000 General Center: 415100 Human Rights 2006 2007 2008 2009 2010 Actual Estimate Budget projection Projection Property Tax - General Levy 217,954 203,945 233,988 245,562 257,570 Misc. Lie. & Permits 60 120 60 60 60 Other Mise Revenue 710 710 710 710 Total Receipts 218,724 204,065 234,758 246,332 258,340 Personnel 173,894 162,121 181,007 191,663 202,672 Services 41,701 39,896 50,361 51,177 52,072 Supplies 3,129 2,048 3,390 3,492 3,596 Total Expenditures 218,724 204,065 234,758 246,332 258,340 Personnel Services - -- - FTE ---- 2007 2008 Capital Outlay 2008 HUMAN RIGHTS COORDINATOR HUMAN RIGHTS INVESTIGATOR 1. 00 1. 50 1. 00 1. 50 2.50 2.50 - 114- CITY OF lOW A CITY, lOW A FINANCIAL PLAN FOR 2008 - 2010 Fund: 1000 General Center: 421320 Crossing Guards 2006 2007 2008 2009 2010 Actual Estimate Budget Projection Projection Property Tax - General Levy 59,973 61,932 68,134 68,357 68,580 Total Receipts 59,973 61,932 68,134 68,357 68,580 Personnel 59,955 61,032 66,514 66,690 66,865 Services 100 103 106 Supplies 18 900 1,520 1,564 1,609 Total Expenditures 59,973 61,932 68,134 68,357 68,580 Fund: 1000 General Center: 421500 Emergency Communications 2006 2007 2008 2009 2010 Actual Estimate Budget projection Projection property Tax - General Levy 754,773 783,797 853,505 833,099 854,606 Local Govt 28e Agreements 52,844 42,275 42,275 42,275 42,275 Total Receipts 807,617 826,072 895,780 875,374 896,881 Personnel 676,434 692,852 724,133 743,645 762,001 Services 114,184 121,085 131,819 122,645 125,533 SUPI?lies 9,586 7,835 7,628 7,884 8,147 Cap:l.tal Outlay 7,413 4,300 32,200 1,200 1,200 Total Expenditures 807,617 826,072 895,780 875,374 896,881 Personnel Services ---- FTE ---- 2007 2008 Capital Outlay Task Chairs (2) Voice Recording System 2008 1,200 31,000 32,200 EMERGENCY COMM DISPATCHER 10.25 10.25 EMERGENCY COMMUNICATIONS SUPE 1.00 1.00 11.25 11.25 - 50- Fund: 1000 General Center: 421220 Patrol Property Tax - General Levy Other City Taxes Fed. Intergov. Rev. Other state Grants Police Services Fire Services Code Enforcement Contrib & Donations Other Misc Revenue Sale Of Assets Empl Benefits Levy Total Receipts Personnel Services Supplies Capital Outlay Total Expenditures Personnel Services COMMUNITY SERVICE OFFICER POLICE CAPTAIN POLICE LIEUTENANT POLICE OFFICER POLICE SERGEANT CITY OF lOW A CITY, lOW A FINANCIAL PLAN FOR 2008 - 2010 2006 2007 2008 2009 2010 Actual Estimate Budget Projection Projection 4,482,902 4,965,922 5,204,521 5,344,351 5,500,715 301,925 306,220 320,041 326,442 332,971 97,226 5,000 31,938 21,000 21,000 21,000 21,000 56,077 33,330 60,970 60,970 60,970 4,960 8,500 5,000 5,000 5,000 3,178 5,000 3,178 3,178 3,178 1,000 12,307 15,000 12,292 12,292 12,292 47,854 54,956 51,500 51,500 51,500 869,493 915,502 882,556 919,645 955,347 5,907,860 6,330,430 6,562,058 6,744,378 6,942,973 5,122,932 5,517,510 5,678,563 5,904,483 6,125,858 289,065 302,632 313,898 319,129 324,742 204,156 214,640 230,467 237,366 244,473 291,707 295,648 339,130 283,400 247,900 5,907,860 6,330,430 6,562,058 6,744,378 6,942,973 - - -- FTE - - -- 2007 2008 Capital Outlay 2008 5.00 5.00 Cages for Marked Squad Cars 2,800 1. 00 1. 00 Chairs, Task & Side 3,000 3.00 3.00 Community Service Officer Vehicle 50,000 49.00 49.00 Conversions for Marked SquadsjCSO 22,500 6.00 6.00 Fiberglass rear seats (4) 2,000 K-9 Unit Vehicle Transport Set-up 2,500 Live Scan Fingerprint System 12,645 Marked Squad Cars 168,000 OC Launcher System 1,130 Police Service Dog (dog-trng-eqp) 10,955 Radar replacement (speed monitor) 12,600 Tactical Body Armor (6) 9,000 Unmarked Patrol Cars 42,000 64.00 64.00 339,130 Transfers In Transfers Out Empl. Benefits Levy 882,556 882,556 - 47- CITY OF IOWA CITY, lOW A FINANCIAL PLAN FOR 2008 - 2010 Fund: 1000 General Class: 42200 FIRE 2006 2007 2008 2009 2010 Actual Estimate Budget Projection projection Property Tax - General Levy 3,226,125 3,656,808 3,696,707 3,743,904 3,851,378 Food & Liquor Licens 2,775 3,700 2,775 2,775 2,775 Fed. Intergov. Rev. 96,380 State 28e Agreements 1,090,331 1,123,000 1,143,700 1,178,011 1,213,351 Fire Services 5,928 7,800 6,528 6,528 6,528 Contrib & Donations 1,453 30,000 Printed Materials 243 200 243 243 243 Other Misc Revenue 2,332 2,000 1,961 1,961 1,961 Sale Of Assets 1 Empl Benefits Levy 832,095 852,272 811,943 841,844 870,929 Total Receipts 5,257,663 5,675,780 5,663,857 5,775,266 5,947,165 Personnel 4,683,357 4,861,131 4,947,776 5,128,961 5,310,183 Services 284,930 378,311 342,297 339,347 345,160 Supplies 130,643 146,359 181,966 187,431 193,059 Capital Outlay 111,154 275,791 176,909 103,850 82,250 Other Financial Uses 47,579 14,188 14,909 15,677 16,513 Total Expenditures 5,257,663 5,675,780 5,663,857 5,775,266 5,947,165 Personnel Services ---- FTE ---- 2007 2008 ADMINISTRATIVE CLERK/TYPIST BATTALION CHIEF DEPUTY FIRE CHIEF FIRE CAPTAIN FIRE CHIEF FIRE LIEUTENANT FIREFIGHTER 1. 00 4.00 1. 00 4.00 1. 00 10.00 36.00 1. 00 4.00 1. 00 4.00 1. 00 10.00 36.00 57.00 57.00 Transfers In Empl. Benefits Levy Empl. Benefits Levy Empl. Benefits Levy Empl. Benefits I,evy 688,508 67,672 15,849 39,914 811,943 Capital Outlay 4-Gas Monitors Automobile Carpet, tables, chairs, paint. Digitpl Cameras' Fire Helmets Fire Hose Fitness equipment. Furniture/mattresses. High-Pressure Bags Hydrant Appliances M1crocomputers/3 Ruggedized Table Mini-computer PC Package Other Operatin~ Equipment. Photo accessor1es Portable Radios Printers - 3 mobile printers Replace weather alert sirens Rope Rescue Equipment SCBA Regulator & Headsup Display Side chairs Special Operations Equipment Stora~e units. Sup~l1ed Air Respirator Harnesses Tra1ning equipment. Training vehicle. Trench/Emergency Building Shoring Ven fan Transfers Out SCBA Loan Repayment 14,909 14,909 - 53- 2008 3,120 33,790 2,500 1,500 5,000 3,000 3,200 3,850 3,650 2,200 12,000 1,400 2,000 3,200 7,500 1,200 20,000 2,450 6,000 1,000 4,000 2,250 1,250 2,500 40,349 6,000 2,000 176,909 CITY OF IOWA CITY. lOW A FINANCIAL PLAN FOR 2008 - 2010 Fund: 1000 General Division: 03700 Library 2006 2007 2008 2009 2010 Actual Estimate Budget Projection Projection Property Tax - General Levy 3,037,909 3,291,283 3,465,462 3,593,072 3,740,953 Current Taxes 553,608 605,478 618,307 636,513 655,241 Delq Prop Taxes 675 Other City Taxes 12,360 11,513 12,340 12,507 12,678 Local Govt 28e Agreements 301,498 322,136 322,136 322,136 322,136 Library Chgs For Servs 4,547 98 98 98 Library Fines & Fees 203,926 207,432 203,926 203,926 203,926 Other Misc Revenue 5,423 191 383 383 383 Rents 21,297 70,000 70,000 70,000 70,000 Royalties & Commissions 3,452 3,174 3,452 3,452 3,452 From Broadband 52,821 52,821 52,821 52,821 52,821 Total Receipts 4,197,516 4,564,028 4,748,925 4,894,908 5,061,688 Personnel 3,057,149 3,267,068 3,429,144 3,556,535 3,683,036 Services 453,481 511,721 511,669 528,088 546,688 Supplies 93,019 109,282 109,487 112,662 115,931 Library Materials 477,918 523,235 549,096 575,201 603,611 Capital Outlay 37,952 40,300 37,107 10,000 Other Financial Uses 77,997 112,422 112,422 112,422 112,422 Total Expenditures 4,197,516 4,564,028 4,748,925 4,894,908 5,061,688 Personnel Services LIBRARIAN II LIBRARY ADMINISTRATIVE COORD LIBRARY ASSISTANT I LIBRARY ASSISTANT II LIBRARY ASSISTANT III LIBRARY BUILDING MGR LIBRARY CLERK LIBRARY COORDINATOR LIBRARY DIRECTOR LIBRARY SYSTEMS MANAGER LIBRARY WEB SPECIALIST MICROCOMPUTER SPECIALIST MW II - LIBRARY MWI - LIBRARY NETWORK DATABASE SPECIALIST PAGE SUPERVISOR PUBLIC SERVICES CLERK SR LIBRARIAN SR LIBRARY ASSISTANT SR LIBRARY CLERK ---- FTE---- 2007 2008 6.91 1. 00 1. 50 1. 75 4.98 1. 00 3.25 5.00 1. 00 1. 00 .75 1. 00 1. 00 2.50 1. 00 1. 00 3.00 1. 00 2.75 1. 00 6.91 1. 00 1. 50 1. 75 4.98 1. 00 3.25 5.00 1. 00 1. 00 .75 1. 00 1. 00 2.50 1. 00 1. 00 3.00 1. 00 2.75 1. 00 42.39 42.39 Library AV Support Transfers In 52,821 52,821 capital Outlay Adult Library Materials Children's Library Materials Data Commun Equip Micro-Computer Mini-Computer Painting RFID Tags Software Acquisition 2008 440,820 81,276 1,307 6,300 12,000 10,000 27,000 7,500 586,203 Transfers Out 2002 GO Abatement Ops to Equip Repl Libr pc Repl Reserve 50,000. 19,454 42,968 112,422 - 72- City of Iowa City Capital Improvement Program Project Category: STREETS, BRIDGES, TRAFFIC ENGINEERING and PUBLIC UTILITIES Pro/eet Name College St. Streetscape Fund/no $ 100,000 $ 100,000 Oeser/ot/on Construct streetscape on College from Linn to Gilbert Street. Fund/no 08 GO Bonds FY07 $ - FY08 FY09 $ 100,000 $ - FY10 $ - FY11 $ - Pro/eet Name Fund/no Dubuque & Church Streets - Left Turn Bays $ 510,000 $ 510,000 Oeser/otion This project will improve both the capacity and safety of the Dubuque and Church Street intersection through the addition of left turn lanes on the north and south approaches. Federal Surface Transportation Program (STP) funding will be received for this project. Fund/no Federal Grants Road Use Tax FY07 $ $ - $ 10,000 $ FY08 400,000 $ 100,000 $ FY09 FY10 FY11 $ $ $ $ Pro/eet Name First Avenue I Iowa Interstate Railroad Crossing Improvements Fund/no $ 6,200,000 $ 6,200,000 Oeser/ot/on Construction of a railroad overpass on First Avenue with federal funding of $4.2 million in congressional designated funds. Fund/no Federal Grants 10 GO Bonds FY07 FY08 FY09 FY10 $ 4,960,000 $ $ 1,240,000 $ FY11 $ $ $ $ $ $ Pro/eet Name Gilbert Street at Bowery & Prentiss Fund/no $ 1,145,000 $ 1,145,000 Oeser/ot/on This project includes construction of left turn lanes on Gilbert Street at the Bowery and Prentiss Street. intersection. Water main and storm sewer replacement I repairs will also be made at this time. Fund/no FY07 FY08 FY09 FY10 FY11 Road Use Tax $ 120,000 $ - $ - $ - $ - Water User Fees $ - $ 200,000 $ - $ - $ - Stormwater User F<< $ - $ 160,000 $ - $ - $ - 08 GO Bonds $ - $ 665,000 $ - $ - $ - C -7 Materials Distributed at the 9/13/07 Council Candidate Workshop: >> FY2008 Budget and FY2008-2010 Financial Plan ~ Capital Improvement Program FY2007-FY2011 ~ Comprehensive Annual Financial Report for the Fiscal Year ended June 30, 2006