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HomeMy WebLinkAbout2008-10-06 Resolution'~ •~•~. 9 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 08-295 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO AGREEMENTS WITH THE STATE FOR JUMPSTART IOWA HOUSING ASSISTANCE AND SMALL BUSINESS ASSISTANCE PROGRAMS. WHEREAS, the State of Iowa has informed the City that it will receive $686,197 in Jumpstart Iowa Housing Assistance Program funds and $1,479,632 in Jumpstart Iowa Small Business Assistance Program funds; WHEREAS, the City needs to sign grant agreements with the state for the use of these funds; and WHEREAS, the City Council finds that the public interest will be served by signing the grant agreements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is authorized to enter into grant agreements for the Jumpstart Housing Assistance Program and the Jumpstart Small Business Program. The City Manager is designated as the authorized representative for the City on both grant agreements. Passed and approved this 6th day of October, 2008. ATTE~ ~~~ City Attorney's Office Resolution No. 08-295 Page 2 It was moved by Champion and seconded by adopted, and upon roll call there were: AYES: NAYS: x x x ~_ x X X Correia the Resolution be ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic.doc Houseworks ~ Kidworks 111 Stevens Drive Iowa City, Iowa 52240 319-338-4357 20 September 08 City Council City of Iowa City 410 E. Washington Street Iowa City, IA 52240 City Council Members, Please accept my sincere thanks for providing funds to sma11 businesses adversely affected by this summer's flood. As the recipient of such funds, I am appreciative of the amount I received and the timeliness of its availability. Thank you for providing a bright spot in a rather gloomy summer. Sin ly, J `~ \~ U san Riedl {.~ a _. ._,= n_~. ._ _... ~ ~` ~s ~ . ~=^. ~~~ ~~ ~~~ "' %',. ~. '~ ,~ ~\) ,f,'~ Page 1 of 3 Marian Karr From: JO CUNNINGHAM [jocunningham288@hotmail.com] Sent: Wednesday, September 24, 2008 8:19 PM To: Council Cc: CLINESALLY@cs.com Subject: Idyllwild - FEMA's Responsibility for our predicament September 23, 2008 12 Idyllwild Ct. Iowa City, IA 52245 (319) 354-4202 E- mail : j ocunningham2 8 8 @ hotmail.com Dear City Council Members: I am writing to inform you of an injustice done by FEMA to the homeowners in the Idyllwild condominium development in Iowa City. It has taken me several months to realize the full import of FEMA's error described below. When I did, I became angry enough to compose this letter. I have sent it to all state and federal agencies representing our area. The financial ruin of a community should not be tolerated when a government agency's failures contributed to it so heavily. The Idyllwild development was built mostly on the 100 year flood plain, and compacted fill was used to raise the level of buildings above the 100 year flood plain as it was defined before the 1993 Midwest flooding. FEMA issued Letters of Map Adjustment (LOMAs) to certify these sites were no longer in the 100 year flood plain. As a result, buyers were not required by lenders to have flood insurance as a condition of their mortgages and some were told they could not buy flood insurance. This made the condominiums far more marketable than they would have been had flood insurance been required, benefiting the developer and putting buyers at great risk. After the 1993 flood, the 100 year flood plain was raised by a foot. This was reflected in the flood zone map published in 2002. This put 3 Idyllwild buildings of four units each into the 100 year flood plain. At that time FEMA had both the new map and the elevations of the Idyllwild buildings on record, but the agency failed to note the change in the status of these buildings. The agency should have rescinded the LOMAs in 2002, but it did not do so. After the 2008 flood, FEMA noticed the problem, admitted the earlier error, and rescinded the LOMAs. Had the error of 2002 not been made, FEMA would have required the homeowners in those buildings to purchase flood insurance, and our Association would also have had to get flood insurance. The elevation difference between those 3 buildings and the remainder of the Idyllwild buildings is a matter of inches. If FEMA had fulfilled its responsibility, all of Idyllwild would have been alerted to our vulnerability, and we would have purchased flood insurance for the Association and as individuals. Because of the lack of communication/notification, when the flood of 2008 arrived, severely affecting Idyllwild, the Association and the overwhelming majority of home owners had no flood insurance. Julie Tallman, Iowa City's Flood Plain Administrator, is an excellent resource for the history of the Idyllwild flood plain. She can be contacted at (319) 356-5132. 9/25/2008 Page 2 of 3 Several trends make the risk of future flooding in Idyllwild very high: (1.) A possible trend toward wetter weather (2.) Tiling of agricultural land (forcing water off the land and directly into the waterways) (3.) Communities' flood mitigation efforts such as levees and flood walls (4.) Large projects done on fill along the banks of the river (such as the new Marriott hotel just upstream) (5.) Silting of the Coralville reservoir (both the 11% of capacity recognized earlier and that added due to the 2008 flood) Idyllwild lies a short distance upstream of both downtown Iowa City and the University of Iowa. Both entities will most likely undertake projects in an attempt to prevent future devastating flooding of the magnitude they experienced this year. These actions may increase the risk to Idyllwild by narrowing the river downstream and raising its level during flood events. Many Idyllwild owners are faced with the decision of whether to rebuild their units, which have been reduced to studs and vinyl siding on the first or only floor. The cost of rebuilding is generally thought to be substantially greater than the post flood market value. Most Idyllwild homeowners have filed a statement for the Hazard Mitigation Grant Program saying that they want to be bought out by FEMA. The chance of this happening seems to be very low for three reasons: (1.) Most base floor elevations are allegedly above the current 100 year flood plain, (2.) Overvaluation of Idyllwild. The pre-flood Fair Market Value (FMV) used for the cost benefit analysis is based in most cases on 110% of the assessed value before the flood. Unfortunately, in many cases, the assessed value being used is significantly higher than the actual pre-flood market value. The assessed values are as of January 1, 2007, and they do not reflect the downturn in the real estate market. (3). FEMA is more likely to buy out properties that had flood insurance claims because they want to avoid having to pay more claims in the case of future flooding. (We were told this at a town meeting in Iowa City, by the state Department of Homeland Security official that administers Iowa's work on the buyout.) And, as stated above, due to FEMA's error, our Association and the vast majority of homeowners did not have flood insurance. Please take time to consider our plight and FEMA's part in it. Our homes, financial status, and lives have been devastated because of FEMA's lack of communication after the map changes in 2002 when they failed to notify us that 3 4-unit buildings were in the new 100 year flood plain. Please find a way to help us. Sincerely, Jo E. Cunningham 9/25/2008 Page 1 of 2 Marian Karr From: Monick, Martha [martha-monick@uiowa.edu] Sent: Monday, September 29, 2008 5:30 PM To: Webmaster; Council; Stephen Long Subject: ICgov.org Media Release: Flood Buyout Updates To all Iowa City Leaders, I feel it is incredibly misleading to send out information about the Jumpstart and CDBG funds without making it clear that homeowners on the buyout list (this is almost all the flooded homeowners in Iowa City, isn't it?)are not eligible. From your news release: "An "application checklist" is now available to assist those interested in applying for Jumpstart Iowa housing assistance funds, as well as the anticipated supplemental allocation of Community Development Block Grant funds. This checklist is to be used to assist applicants in gathering information that will be needed during the upcoming application process. Application forms for the Jumpstart funds are expected to be available on www__icgov•org/recovery beginning October 7th." Putting out news releases about help that could make the difference between recovering as a home owner and losing your home for good, without including this all important detail seems both mean and irresponsible. I have downloaded your application checklist and nowhere does it state that being on a theoretical buyout list makes you ineligible for these funds. It is, however, made absolutely clear (hidden away on the state's web site) that homeowners on the NOI list are not eligible. Losing your home and financial security is hard enough without getting misleading information from the city. I hope you will correct this. I hope you will find some creative solutions for people on the NOI list, who in all likelihood will have to rebuild at some point. Respectively yours, Martha Monick 35 Pentire Circle Iowa City, IA 52245 This correspondence will become a public record. From: City of Iowa City [mailto:web@iowa-city.org] Sent: Monday, September 29, 2008 4:55 PM To: Monick, Martha Subject: ICgov.org Media Release: Flood Buyout Updates 9/30/2008 Page 2 of 2 j ~ '. 44 yy~~, 1 r ., ...~~ r ..1 I~~J ~-lY,W~ } 1ry~R Y~aWiL Yw FA4I iL _tY tV4~'d!~ R~~~ClS~ Contact: Steve Long, Comm. Dev. Coordinator Contact Phone: (319) 356-5230 Flood Recovery Updates - 9/29/08 Posted by: Community Dev. Originally Posted 9/29/2008 4:55:21 PM An "application checklist" is now available to assist those interested in applying for Jumpstart Iowa housing assistance funds, as well as the anticipated supplemental allocation of Community Development Block Grant funds. This checklist is to be used to assist applicants in gathering information that will be needed during the upcoming application process. Application forms for the Jumpstart funds are expected to be available on wwvv_,_cgov.or~/recovery beginning October 7th. Mortgage Counseling Service Available. For residents having difficulty paying their mortgages on flood damaged properties, the State of Iowa is encouraging homeowners to call the Iowa Mortgage Help (IMH) Hotline at 877-622-4866. An IMH counselor will gather basic data and will refer callers' cases to one of 12 Iowa counseling agencies. The certified counselors will gather more in-depth financial information and may contact the loan servicer to negotiate a payment schedule depending on each homeowner's situation. More information is available at www.i_owamortgag.e...h_elpc..o_m.. View_and.._editlrour__subscription.details. Vislt o_u_ r_~obs_page for em.pl_oyment_opportunities. View_more.._news.._from_the.._City___of._lowa_. City. Do not reply directly to this a-mail! It is produced from an automated system, and is not monitored for replies. If you have a question or comment about this information, please contact the originating department of this message, or by using our fee..d_back_form. For technical questions regarding the website, please contact._our web_team. 9/30/2008 Page 1 of 6 Marian Karr From: Ivan Hall, family [ivan@halljn`amily.com] Sent: Tuesday, September 30, 2008 12:52 PM To: 'Ivan Hall, family'; piyush_udct@yahoo.com; CLINESALLY@cs.com; MJDavidson@aol.com; Craig@transcontinentalcap.com; TMChait@aol.com; nvarney@mac.com; nkbkal@earthlink.net; terrygwinn@mchsi.com; lucyter@msn.com; BILLZAM@aol.com; Ssikkov@aol.com; Newfjman@aol.com; JEHART21 @aol.com; bobirene17@gmail.com; jocunningham288@hotmail.com; ivan.hall@gmail.com; reisetter@gwestoffice.net; naybccm@yahoo.com; rittgolf@mchsi.com; bdrittenmeyer@mchsi.com; mazen- albaghdadi@uiowa.edu; m.hartwig@mchsi.com; smbednarz@msn.com; BIGSHOO@aol.com; lydabrown@mchsi.com; john-monick@uiowa.edu; martha-monick@uiowa.edu; welcoon47@yahoo.com; sonali-patel@uiowa.edu; susan.michaelson@act.org; simondaler@msn.com; mary.stein@act.org; amy-Becker@uiowa.edu; MECrawford@aol.com; susiepappas@hotmail.com; sharonmathieu@hotmail.com; khagen@hotmail.com; DHDLKUM@aol.com; DDSACK@aol.com; KrChpp@aol.com; jas@sbt.net; andrea- birt@uiowa.edu; edarm@hotmail.com; gcraft@earthlink.net; robert-fellows@uiowa.edu; tmtoner@msn.com; PKD317@aol.com; Barb1524@aol.com; loniparrott@hotmail.com; heegan@email.com; slalbaghdadi@mmaclinton.com; gelman@ptmlaw.com; bojabenson@msn.com; tpkuhns@mchsi.com; mary_k_lyman@yahoo.com; tim- vogel@uiowa.edu; eastham@mchsi.com; karenjfox@mchsi.com; Jhnancy@aol.com; damkwall@yahoo.com; CASTLEJZ3@aol.com; ceadams@du.edu; kjlessner@hotmail.com; lessner@wpo.cso.niu.edu; doslip@mchsi.com; nancy-millice@uiowa.edu; margantz@yahoo.com; kurtkimmerling@msn.com; mark.willi2@gmail.com; bjtobs@q.com; vitullo44@yahoo.com; sondag@mchsi.com; edjarm@gmail.com; khagenikr@hotmail.com; bhaggerty24@msn.com; nhaggerty@isbt.com; celeste@bh-builders.com; burghard.schoenfeld@alpla.com; Jessica-mcallister@uiowa.edu; bjwilcox813@gmail.com; jlekirk@yahoo.com; matthew.davis.j@gmail.com; sri-duvvuri@uiowa.edu; j.chiles@tri- anim.com; bellen.46@hotmail.com; ceilbouchet@yahoo.com; gayle-robertson@uiowa.edu; Jeffrey_Ritchie@hillsbank.com; virginia.stamler@gmail.com; mais_albaghdadi@yahoo.com; salbaghdadi@maclinton.com; margaretclancy@mchsi.com; toni-cilek@uiowa.edu; tegen@winebrenner.com; normkall@gmail.com; sikkov@aim.com; babsd3@sbcglobal.net; stanvw@iowatelecom.net; hansen7316@Icom.net; 'Patt Hall, family' Cc: 'Ivan Hall, family; Michael Lombardo; Regenia Bailey; Eleanor M. Dilkes; Marian Karr; rsullivan@co.johnson.ia.us; tneuzil@co.johnson.ia.us; Imeyers@co.johnson.ia.us; sstutsma@co.johnson.ia.us; pharney@co.johnson.ia.us; Council; Stephen Long Subject: "Substantially Damaged" Buy-out alternative RE: Critical next 3 weeks for Buy-OUT and JUMPSART----RE: Idyllwild question Jumpstart program Importance: High Attachments: Property-Acquisition-Handbook.pdf Idyllwild Homeowners; Below are key excepts from IOWA Buy-Out Handbook for State (see attached above), and referenced (attached to handbook) FEMA MEMO. Having proper repair estimates (including cleanup to get to repair) that potentially establish substantially damaged as per criteria are critical to establish a FEMA defined/allowed clear alternative for Idyllwild to any Cost Benefit Review where Idyllwild could be directly considered for HMGP funds. Whether you argue the Idyllwild cost to repair are under estimated or not on some units; 9/30/2008 Page 2 of 6 there are quite a few of the Idyllwild units listed on the Substantially damaged listing signed by the Mayor in the Buy-OUT Package. The questions are: (1) are there enough Idyllwild Units listed as substantially Damaged so Idyllwild as a community can go directly to HMGP Grant Program review bypassing the Cost Benefit model evaluation; and (2) how many more Idyllwild Units should have been documented/evaluated as substantially damaged further making Idyllwild's business case if more complete data was provided? An additional question is who/how many proposed Iowa City Buyout homes passed the cost benefit model criteria? What is Iowa City's plan relative to the "substantially damaged" homes relative of submission and or bundling (one group versus multiple groups for application) for submission/application. Who you are bundled with could influence your final priority. Iowa Homeland Security and Emergency Management Division Mitigation Section Version 1.0 Issued August 2008 PRINTED FROM DOCUMENT For property acquisition projects, properties that meet certain conditions are assumed to be cost-beneficial and are exempt from further analysis. In 1996, FEMA issued a policy memo that outlined these conditions. A copy of this memo can be found in the back of this handbook. In general, properties that lie within the Special Flood Hazard Area (i.e., the 100 year floodplain) and that are determined by the community to be substantially damaged can be acquired through the HMGP without further benefit-cost analysis. For more information, see the memo and consult with your floodplain administrator. To develop your project, your community will need to determine whether your project will meet the cost-benefit requirements. 3- FEMA MEMO ATTACHED TO Document: B C- 9 M E M 0 Federal Emergency Management Agency Washington, D.C. 20472 MEMORANDUM FOR: Regional Directors Regions I-X 9/30/2008 Page 3 of 6 ATTENTION: Mitigation Division Directors FROM: Richard W. Krimm Executive Associate Director Mitigation Directorate DATE: 27-SEP-96 SUBJECT: Benefit/Cost Policy Guidance on the Purchase of Structures Located in Regulatory Riverine Floodways and Floodplains in the Hazard Mitigation Grant Program This memorandum provides benefit/cost guidance for purchasing structures located in floodways and floodplains with grants administered by the Hazard Mitigation Grant Program (HMGP). Structures in floodways and floodplains are strong candidates for HMGP grants, particularly if the cost of restoring a damaged structure equals or exceeds 50 percent of the market value of the structure. Moreover, structures in floodways not meeting the 50 percent damage threshold are candidates for purchase if the cost of restoration is more than the market value of the structure. The criteria for approving grants to purchase structures in floodways or floodplains are as follows: The structure under consideration must be: • located in a FEMA identified regulatory floodway or floodplain; and, • be declared substantially damaged by local authority having such jurisdiction, in accordance with criteria promulgated by the National Flood Insurance Program. Structures meeting these criteria are eligible for a grant under the HMPG without further benefit/cost review. The floodway or floodplain must be a FEMA recognized floodway or floodplain. (Note that coastal areas do not have floodways and this memorandum does not apply to structures in coastal areas. In those areas, we will use the standard benefit/cost approach.) From: Ivan Hall, family [mailto:ivan@halljrfamily.com] Sent: Tuesday, September 30, 2008 10:57 AM To: 'piyush_udct@yahoo.com ; 'CLINESALLY@cs.com ; 'MJDavidson@aol.com ; 'craig@transcontinentalcap.com ; 'TMChait@aol.com ; 'nvarney@mac.com ; 'nkbkal@earthlink.net ; 'terrygwinn@mchsi.com ; 'lucyter@msn.com ; 'BILLZAM@aol.com ; 'Ssikkov@aol.com ; 'Newfjman@aol.com ; 'JEHART21 @aol.com ; 'bobirene 17@gmail.com ; 'jocunningham288@hotmail.com ; 'ivan.hall@gmail.com ; 'reisetter@gwestoffice.net ; 'naybccm@yahoo.com ; 'rittgolf@mchsi.com'; 'bdrittenmeyer@mchsi.com'; 'mazen-albaghdadi@uiowa.edu'; 'm.hartwig@mchsi.com'; 'smbednarz@msn.com ; 'BIGSHOO@aol.com ; 'lydabrown@mchsi.com ; 'john-monick@uiowa.edu'; 'martha- monick@uiowa.edu'; 'welcoon47@yahoo.com ; 'sonali-patel@uiowa.edu'; 'susan.michaelson@act.org'; 'simondaler@msn.com'; 'mary.stein@act.org'; 'amy-becker@uiowa.edu'; 'MECrawford@aol.com'; 'susiepappas@hotmail.com ; 'sharonmathieu@hotmaiLcom ; 'khagen@hotmail.com ; 'DHDLKUM@aol.com ; 'DDSACK@aol.com ; 'KrChpp@aoLcom ; 'jas@sbt.net ; 'andrea-birt@uiowa.edu ; 'edarm@hotmail.com ; 'gcraft@earthlink.net ; 'robert-fellows@uiowa.edu ; 'tmtoner@msn.com ; 'PKD317@aol.com ; 'Barb1524@aol.com'; 'loniparrott@hotmail.com ; 'heegan@email.com'; 'slalbaghdadi@mmaclinton.com'; 'gelman@ptmlaw.com ; 'bojabenson@msn.com'; 'tpkuhns@mchsi.com ; 'mary_k_lyman@yahoo.com ; 'tim-vogel@uiowa.edu'; 9/30/2008 Page 4 of 6 'eastham@mchsi.com ; 'karenjfox@mchsi.com ; 'Jhnancy@aoLcom ; 'damkwall@yahoo.com ; 'CASTLEJZ3@aoLcom ; 'ceadams@du.edu ; 'kjlessner@hotmail.com ; 'lessner@wpo.cso.niu.edu ; 'doslip@mchsi.com ; 'nancy-millice@uiowa.edu'; 'margantz@yahoo.com ; 'kurtkimmerling@msn.com ; 'mark.willi2@gmaiLcom ; 'bjtobs@q.com ; 'vitullo44@yahoo.com ; 'sondag@mchsi.com ; 'edjarm@gmaiLcom ; 'khagenikr@hotmail.com ; 'bhaggerty24@msn.com ; 'nhaggerty@isbt.com ; 'celeste@bh-builders.com ; 'burghard.schoenfeld@alpla.com ; 'jessica-mcallister@uiowa.edu ; 'bjwilcox813@gmaiLcom ; 'jlekirk@yahoo.com'; 'matthew.davis.j@gmaiLcom ; 'sri-duvvuri@uiowa.edu ; 'j.chiles@tri-anim.com ; 'bellen.46@hotmail.com ; 'ceilbouchet@yahoo.com ; 'gayle-robertson@uiowa.edu ; 'Jeffrey_Ritchie@hillsbank.com ; 'virginia.stamler@gmaiLcom ; 'mais albaghdadi@yahoo.com ; 'salbaghdadi@maclinton.com'; 'margaretclancy@mchsi.com ; 'toni-cilek@uiowa.edu ; 'tegen@winebrenner.com ; 'normkall@gmaiLcom ; 'sikkov@aim.com ; 'babsd3@sbcglobal.net ; 'stanvw@iowatelecom.net ; 'hansen7316@lcom.net'; 'Patt Hall, family' Subject: RE: Critical next 3 weeks for Buy-OUT and JUMPSART----RE: Idyllwild question Jumpstart program Cost Benefit is one buyout option- "Iowa City waiver" is another. You need official position from City not partial insights from City staff personnel! The process needs to complete. The next City Council working meeting and full council session could provide final determinations. From: Piyush Patel [mailto:piyush_udct@yahoo.com] Sent: Tuesday, September 30, 2008 10:43 AM To: CLINESALLY@cs.com; MJDavidson@aoLcom; Craig@transcontinentalcap.com; TMChait@aoLcom; nvarney@mac.com; nkbkal@earthlink.net; terrygwinn@mchsi.com; lucyter@msn.com; BILLZAM@aoLcom; Ssikkov@aoLcom; Newfjman@aoLcom; JEHART21@aoLcom; bobirenel7@gmaiLcom; jocunningham288@hotmail.com; ivan.hall@gmaiLcom; reisetter@gwestoffice.net; naybccm@yahoo.com; rittgolf@mchsi.com; bdrittenmeyer@mchsi.com; mazen-albaghdadi@uiowa.edu; m.hartwig@mchsi.com; smbednarz@msn.com; BIGSHOO@aoLcom; lydabrown@mchsi.com; john-monick@uiowa.edu; martha-monick@uiowa.edu; welcoon47@yahoo.com; sonali- patel@uiowa.edu; susan.michaelson@act.org; simondaler@msn.com; mary.stein@act.org; amy-becker@uiowa.edu; MECrawford@aoLcom; susiepappas@hotmail.com; sharonmathieu@hotmail.com; khagen@hotmail.com; DHDLKUM@aoLcom; DDSACK@aoLcom; KrChpp@aoLcom; jas@sbt.net; andrea-birt@uiowa.edu; edarm@hotmail.com; gcraft@earthlink.net; robert-fellows@uiowa.edu; tmtoner@msn.com; PKD317@aoLcom; Barb1524@aoLcom; loniparrott@hotmail.com; heegan@email.com; slalbaghdadi@mmaclinton.com; gelman@ptmlaw.com; bojabenson@msn.com; tpkuhns@mchsi.com; mary_k_lyman@yahoo.com; tim-vogel@uiowa.edu; eastham@mchsi.com; karenjfox@mchsi.com; Jhnancy@aoLcom; damkwall@yahoo.com; CASTLEJZ3@aoLcom; ceadams@du.edu; kjlessner@hotmail.com; lessner@wpo.cso.niu.edu; doslip@mchsi.com; nancy-millice@uiowa.edu; margantz@yahoo.com; kurtkimmerling@msn.com; mark.willi2@gmaiLcom; bjtobs@q.com; vitullo44@yahoo.com; sondag@mchsi.com; edjarm@gmaiLcom; khagenikr@hotmail.com; bhaggerty24@msn.com; nhaggerty@isbt.com; celeste@bh-builders.com; burghard.schoenfeld@alpla.com; jessica-mcallister@uiowa.edu; bjwilcox813@gmaiLcom; jlekirk@yahoo.com; matthew.davis.j@gmaiLcom; sri-duvvuri@uiowa.edu; j.chiles@tri-anim.com; bellen.46@hotmail.com; ceilbouchet@yahoo.com; gayle-robertson@uiowa.edu; Jeffrey_Ritchie@hillsbank.com; virginia.stamler@gmaiLcom; mais_albaghdadi@yahoacom; salbaghdadi@maclinton.com; margaretclancy@mchsi.com; toni-cilek@uiowa.edu; tegen@winebrenner.com; normkall@gmaiLcom; sikkov@aim.com; babsd3@sbcglobal.net; stanvw@iowatelecom.net; hansen7316@lcom.net; 'Patt Hall, family'; Ivan Hall, family Subject: Re: Critical next 3 weeks for Buy-OUT and JUMPSART----RE: Idyllwild question Jumpstart program Hi All, I met Tracy yesterday and she told me that we dont qualify for buy out on cost to benefit analysis. I personally dont agree with that as the way it is done. From day one no one is interested in buying us out with discrepancies in everything. I know my opinion doesnot matter here. However, it is again the repetition of same thing where we will be out of Jumpstart because we are on bail out list "BUT WE WILL NOT BE BOUGHT OUT AS PER CITY". What is this but not discrimination where documents are submitted with the intention that we will be not bought out and then denying assistance from other programs. Piyush 9/30/2008 Page 5 of 6 On Tue, 9/30/08, Ivan Hall, family <ivan@halljrfamily.com> wrote: From: Ivan Hall, family <ivan@halljrfamily.com> Subject: Critical next 3 weeks for Buy-OUT and JUMPSART----RE: Idyllwild question Jumpstart program To: CLINESALLY@cs.com, MJDavidson@aol.com, Craig@transcontinentalcap.com, TMChait@aol.com, nvarney@mac.com, nkbkal@earthlink.net, terrygwinn@mchsi.com, lucyter@msn.com, BILLZAM@aol.com, Ssikkov@aol.com, Ne@man@aol.com, JEHART21@aol.com, bobirenel7@gmail.com, jocunningham288@hotmail.com, ivan.hall@gmail.com, piyush_udct@yahoo.com, reisetter@gwestoffice.net, naybccm@yahoo.com, rittgolf@mchsi.com, bdrittenmeyer@mchsi.com, mazen- albaghdadi@uiowa.edu, m.hartwig@mchsi.com, smbednarz@msn.com, BIGSHOO@aol.com, lydabrown@mchsi.com, john-monick@uiowa.edu, martha-monick@uiowa.edu, welcoon47@yahoo.com, sonali-patel@uiowa.edu, susan.michaelson@act.org, simondaler@msn.com, mary.stein@act.org, amy-Becker@uiowa.edu, MECrawford@aol.com, susiepappas@hotmail.com, sharonmathieu@hotmail.com, khagen@hotmail.com, DHDLKUM@aol.com, DDSACK@aol.com, KrChpp@aol.com, jas@sbt.net, andrea- birt@uiowa.edu, edarm@hotmail.com, gcraft@earthlink.net, robert-fellows@uiowa.edu, tmtoner@msn.com, PKD317@aol.com, Barb1524@aol.com, loniparrott@hotmail.com, heegan@email.com, slalbaghdadi@mmaclinton.com, gelman@ptmlaw.com, bojabenson@msn.com, tpkuhns@mchsi.com, mary_k_lyman@yahoo.com, tim- vogel@uiowa.edu, eastham@mchsi.com, karenjfox@mchsi.com, Jhnancy@aol.com, damkwall@yahoo.com, CASTLEJZ3@aol.com, ceadams@du.edu, kjlessner@hotmail.com, lessner@wpo.cso.niu.edu, doslip@mchsi.com, nancy-millice@uiowa.edu, margantz@yahoo.com, kurtkimmerling@msn.com, mark.willi2@gmail.com, bjtobs@q.com, vitullo44@yahoo.com, sondag@mchsi.com, edjarm@gmail.com, khagenikr@hotmail.com, bhaggerty24@msn.com, nhaggerty@isbt.com, celeste@bh-builders.com, burghard.schoenfeld@alpla.com, Jessica-mcallister@uiowa.edu, bjwilcox813@gmail.com, jlekirk@yahoo.com, matthew.davis.j@gmail.com, sri-duvvuri@uiowa.edu, j.chiles@tri- anim.com, bellen.46@hotmail.com, ceilbouchet@yahoo.com, gayle-robertson@uiowa.edu, Jeffrey_Ritchie@hillsbank.com, virginia.stamler@gmail.com, mais_albaghdadi@yahoo.com, salbaghdadi@maclinton.com, margaretclancy@mchsi.com, toni-cilek@uiowa.edu, tegen@winebrenner.com, normkall@gmail.com, sikkov@aim.com, babsd3@sbcglobal.net, stanvw@iowatelecom.net, hansen7316@lcom.net, "'Patt Hall, family"' <p att@hallj rfamily. com> Date: Tuesday, September 30, 2008, 9:57 AM From Ivan Hall's dad I spent quite a bit of time on the phone with Steve Long and he said that because the way the JUMPSTART options are structured and the fact Idyllwild is on the proposed Buy-Out List ,Idyllwild homeowners are limited to which JUMPSTART options they can apply for. Steve Long said he is doing everything he can to encourage/convince the Iowa City Council to make both Buy-Out and JUMPSTART decisions the first part of October (see his JUMPSTART response to Sally below). It is obvious if Idyllwild does not continue as part of Buy-Out, Idyllwild homeowners should have the earliest opportunity to request "rebuild funds" under the JUMPSTART Program before the funds are exhausted. 9/30/2008 Page 6 of 6 Steve's JUMPSTART response to Sally: "City Council will be approving the grant agreement on October 6 and applications will be available on October 7 at www.ic o~.org/recovery . You can also pick up applications at our office at City Hall or we can mail you a copy. The Governor's office asked us to have a one week application process, so we will have make funding decisions after October 14. Steve" Ivan Hall's Dad From: CLINESALLY@cs.com [mailto:CLINESALLY@cs.com] Sent: Saturday, September 27, 2008 10:03 AM To: MJDavidson@aoLcom; Craig@transcontinentalcap.com; TMChait@aoLcom; nvarney@mac.com; nkbkal@earthlink.net; terrygwinn@mchsi.com; lucyter@msn.com; BILLZAM@aoLcom; Ssikkov@aoLcom; Newfjman@aoLcom; JEHART21@aoLcom; bobirenel7@gmail.com; jocunningham288@hotmail.com; ivan.hall@gmail.com; Ivan@halljrfamily.com; piyush_udct@yahoo.com; reisetter@gwestoffice.net; naybccm@yahoo.com; rittgolf@mchsi.com; bdrittenmeyer@mchsi.com; mazen-albaghdadi@uiowa.edu; m.hartwig@mchsi.com; smbednarz@msn.com; BIGSHOO@aoLcom; lydabrown@mchsi.com; john-monick@uiowa.edu; martha-monick@uiowa.edu; welcoon47@yahoo.com; sonali-patel@uiowa.edu; susan.michaelson@act.org; simondaler@msn.com; mary.stein@act.org; amy-Becker@uiowa.edu; MECrawford@aoLcom; susiepappas@hotmail.com; sharonmathieu@hotmaiLcom; khagen@hotmail.com; DHDLKUM@aoLcom; DDSACK@aoLcom; KrChpp@aoLcom; jas@sbt.net; andrea- birt@uiowa.edu; edarm@hotmail.com; gcraft@earthlink.net; robert-fellows@uiowa.edu; tmtoner@msn.com; PKD317@aoLcom; Barb1524@aoLcom; loniparrott@hotmail.com; heegan@email.com; slalbaghdadi@mmaclinton.com; gelman@ptmlaw.com; bojabenson@msn.com; tpkuhns@mchsi.com; mary_k_lyman@yahoo.com; tim-vogel@uiowa.edu; eastham@mchsi.com; karenjfox@mchsi.com; Jhnancy@aoLcom; damkwall@yahoo.com; CASTLEJZ3@aoLcom; ceadams@du.edu; kjlessner@hotmail.com; lessner@wpo.cso.niu.edu; doslip@mchsi.com; nancy-millice@uiowa.edu; margantz@yahoo.com; CLINESALLY@cs.com; kurtkimmerling@msn.com; mark.willi2@gmail.com; bjtobs@q.com; vitullo44@yahoo.com; sondag@mchsi.com; edjarm@gmail.com; khagenikr@hotmaiLcom; bhaggerty24@msn.com; nhaggerty@isbt.com; celeste@bh-builders.com; burghard.schoenfeld@alpla.com; Jessica-mcallister@uiowa.edu; bjwilcox813@gmail.com; jlekirk@yahoo.com; matthew.davis.j@gmail.com; sri-duvvuri@uiowa.edu; j.chiles@tri- anim.com; bellen.46@hotmail.com; ceilbouchet@yahoo.com; gayle-robertson@uiowa.edu; Jeffrey_Ritchie@hillsbank.com; virginia.stamler@gmail.com; mais_albaghdadi@yahoo,com; salbaghdadi@maclinton.com; margaretclancy@mchsi.com; toni-cilek@uiowa.edu; tegen@winebrenner.com; normkall@gmail.com; sikkov@aim.com; babsd3@sbcglobal.net; stanvw@iowatelecom.net; hansen7316@lcom.net Subject: Fwd: Idyllwild question Jumpstart program this is forwarded from Steve Long about my question about the Jumpstart program. This program can be downpayment assisstance, or money for repair of a current home. Sally Cline Iowa Realty Licensed Realtor in the State of Iowa Cell: 319-331-0270 Direct: 319-887-6321 E-mail: clinesally@cs.com 9/30/2008 HMGP PROPERTY ACQUISITION A Handbook for Iowa Communities ~~E~AND .: C~Ci~"' ~~Spt /~~" y a $o Iowa Homeland Security and Emergency Management Division Mitigation Section s~~ a ~,~~ '~~ ~ o, rL Version 1.0 Issued August 2008 Preface Natural disasters are inevitable. We have seen how the emotional and financial costs of coping with them can be overwhelming, both for communities and for individuals. The good news is that there are effective mitigation measures available to communities which can minimize or eliminate the risk of future damages. Property acquisition is an effective mitigation measure because it is a permanent form of mitigation. It makes grant funds available to you, the community, for the purchase of flood-prone property. It enables you to dedicate that property in perpetuity as green space, thereby removing people from harm's way forever. In that way, property acquisition reduces the future emotional and financial costs associated with your community's disaster response, recovery and repair. We encourage you to carefully consider the mitigation options available to you and to choose the best one for your community. This handbook is intended to aid you in that decision-making process. If you choose property acquisition as a mitigation method, this handbook will help guide you through the grant process as well. Using This Handbook This handbook was created specifically for local community officials looking for ways to minimize the impact of future disasters, using FEMA Publication 317, PropertyAcguisition Handbook for Local Communities, and HMGl' Program Guidance. This handbook is a "how to" guide to lead you through one specific hazard mitigation option known as property acquisition (formerly known as "buyout"). As you go through this handbook, you may have additional questions or require technical assistance. Please contact your State Hazard Mitigation Staff for additional information or assistance. ~~ _. . - Preface CHAPTER 1 Things to Consider Introduction The HMGP Criteria for Projects Funded Under The HMGP Property Acquisition Criteria Other Criteria Financial Considerations Property Acquisition and the Property Owner Understand Property Owners and What Motivates Them Communicate with the Property Owners Manage Property Owner's Expectations CHAPTER 2 Getting Started ii 1-1 1-1 1-1 1-1 1-2 1-3 1-4 1-5 1-5 1-6 1-7 2-1 Determine the State's Funding Priorities 2-1 Establish Your Project Team 2-1 Outlining Your Project Strategy 2-2 Prioritizing Target Properties 2-3 Specific Criteria 2-3 Priorities 2-4 Conduct a Public Meeting 2-4 Evaluating the Next Steps 2-7 Examine Your Community's Abilit y To Complete a Project 2-7 Examine the Project's Impact on Your Community 2-8 Decision Time 2-9 CHAPTER 3 The Application Process 3-1 Substantial Damage Versus Benefit-Cost Analysis 3-1 Submitting Your NOI 3-2 You've Received an Invitation to Apply 3-2 Conduct a Public Meeting 3-2 Start Project Planning 3-5 How will your community establish property values? 3-5 Is your community committed to keeping property owners in the community? 3-6 Completing the Application 3-7 Submitting the Completed Application to the State Mitigation Office 3-7 While You Wait 3-8 CHAPTER 4 Implementing Your Project 41 Grant Agreement Meeting 41 Financial Management and Record Keeping 41 Complying with OMB Regulations 42 Documenting and Tracking Project Funds 42 Document and Track all Project Management Expenses 43 Managing Funds and Records 43 Audits 4-3 Property Acquisition Project Filing System 44 Grant File Contents 44 Property Owner File Contents 45 Tenant File Contents 45 Acquisition Administrative Plan 46 Public Meeting and Press Release 46 Conduct the Public Meeting 47 Procuring Necessary Services 48 Develop Bid Packages 48 Evaluate Bids Received 48 Award Contracts 49 Acquiring the Properties 49 Meet with Property Owners 49 Conduct Title Search and Appraisal 410 Determine Duplication of Benefits 410 Environmental and Historic Preservation Compliance 411 Make Offer to Property Owners 412 Property Owner Accepts Offer 412 Finalize Deed Restrictive Covenants 413 Notices and Meetings with Tenants 413 Request Funds from the State 414 Schedule Closing 414 Conduct Closing 414 Demolition 414 Project Grant Closeout 415 CHAPTER 5 Managing Your Green Space 5-1 Allowable Uses for Acquired Property 5-1 Unallowable Uses for Acquired Property 5-3 Management and Maintenance 5-4 Glossary and Acronyms Appendix A: Environmental and Historic Preservation Appendix B: 44 CFR Part 80 BC-9 Memo THINGS T O CONSIDER our community has experienced a destructive flood that has caused considerable damage to property as well as major social and economic disruption to the well-being of your community. Property owners probably are concerned with living in the floodplain and are asking how they can avoid future risk and damage. ~ ~ ~~ Presidentially-declared disasters provide considerable funds to States and communities via the Hazard Mitigation Grant Program (HMGP). The HMGP assists States and local communities with implementing long-term hazard mitigation measures. The HMGP can be used to fund projects that protect public or private property. FEMA has regulatory oversight of the HMGP. However, the State is responsible for administering the HMGP and for prioritizing and selecting project applications from communities. The State then forwards selected project applications to FEMA for final approval and funding. The window of opportunity for applying fox HMGP funds is relatively small. Communities that have experienced disaster damage compete for limited available funding. Communities must expend considerable effort to complete all requirements for submitting an application that will meet both State and FEMA approval. Nevertheless, that effort is worthwhile. Criteria for Projects Funded Under the HMGP The Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 93- 288) is the statute governing the HMGP. Its implementing regulations are located in Title 44 of the Code of Federal Regulations (CFR). By Federal law and regulation, any property acquisition using HMGP funds must, at a minimum: 1-1 • Conform to the State Hazard Mitigation Plan and the Local Hazard Mitigation Plan • Have a beneficial impact upon the designated disaster area, whether or not the project is located in the designated area • Conform to 44 CFR Part 9 (Floodplain Management and Protection of Wetlands) and 44 CFR Part 10 (Environmental Considerations) • Independently solve a problem or be a functional part of a solution where there is an assurance that the project as a whole will be implemented • Prove to be cost-effective and substantially reduce the risk of future damage because it: o Addresses a problem that is repetitive or poses a significant risk to health and safety o Is the most practical, effective, and environmentally sound alternative among a range of alternatives considered o Is or contributes to a long-term solution to a problem o Considers long-term changes to the area and entities it protects o Costs less than its anticipated benefits Property Acquisition Criteria In addition to the above requirements, property acquisition projects must meet specific requirements. Any community that implements a property acquisition project using HMGP funds: • Must dedicate and maintain in perpetuity acquired property as green space • Must provide assurances that certain restrictions will be conveyed in the deed to the acquired property • May not apply for or receive additional disaster assistance for acquired property, but farmers are still eligible for Federal Crop Insurance 1-2 • Must acquire properties only from property owners who voluntarily agree to sell their properties and notify property owners in writing that it will not use its power of eminent domain to acquire properties if a voluntary agreement is not reached Other Criteria Throughout the process of property acquisition projects over the past several years, FEMA has established guidance policies to manage the finer details of project implementation and to ensure compliance with other federal laws and regulations relating to property acquisition. Those policies include: • Ownership of acquired property may not be conveyed to private citizens or entities, but ownership may be conveyed to other public entities or nonprofit organizations with the approval of the State and FEMA. • Communities should assist FEMA in coordinating with their State Historic Preservation Officer (SHPO) regarding any structures that are 50 or more years old or that have historical significance. • Communities may not use FEMA funds to acquire properties that are contaminated by hazardous materials, other than general household hazardous materials such as lead paint and asbestos. If a property contains hazardous materials, it must be cleaned up before it can be acquired. • Flood-prone communities that receive HMGP funds for property acquisition projects must be in good standing National Flood Insurance Program (NFIP). • Because of the voluntary nature of acquisition, property owners are not eligible for assistance under the Uniform Relocation Assistance and Real Property Acquisition Policies Act (URA). However, displaced tenants are entitled to assistance under the URA, and additional replacement housing benefits may be available to homeowners living in Special Flood Hazard Areas (SFHA). • To avoid duplicating benefits, communities must subtract from the purchase price of every property the total value of other disaster- related repair assistance paid to the owner, unless the property owner can provide receipts showing that the benefits were used fox their intended purpose (e.g., home repair). This policy is known as Duplication of Benefits (DOB) and is explained in detail in Chapter 4, beginning on page 4-10. To summarize, DOB avoids using tax dollars 7-3 to provide the same benefits to the same citizen twice. This deduction applies when the community uses pre-flood fair market value. This deduction does not apply when the community uses post-flood fair market value. • Communities must accept responsibility for monitoring and enforcing the proper use of acquired property as green space. Financial Considerations Project Costs HMGP funds help communities pay for some of the project costs of implementing a property acquisition project. Typical project costs for property acquisition projects include: • The pre-flood fair market value of each property to be acquired • Costs for legal work, closing costs, appraisals • Demolition and debris removal costs • Direct Project Management costs • Replacement Housing Assistance, Moving Allowances, and Uniform Relocation Assistance (URA) benefits to tenants Cost Share Under the HMGP, FEMA may contribute up to seventy-five percent (75%) of the project costs. At least twenty-five percent (25%) of the project costs must come from non-federal sources. In the State of Iowa, the State contributes ten percent (10%) of the non-federal share for an approved HMGP project. The community must formally agree to provide the remaining fifteen percent (15%) minimum of the project costs. Several sources may be available to a community to help meet the non-federal share requirement. These sources include: • Cash. For example, a community may use cash from its General Operating Account or General Fund. • Donated Funds. Monetary donations from individuals and organizations (e.g., local civic organization) can be applied toward the non-federal share. 7-4 • In-kind Services. Donated goods and services also can be applied toward meeting the non-federal cost share. • Property Owners. Property owners can use their own funds. Property owners also can apply their Increased Cost of Compliance (ICC) claims toward the non-federal share. • Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG). You can use existing and supplemental appropriation CDBG funds towards the non-federal cost share. Among the biggest challenges of property acquisition is managing the expectations of property owners. The best ways to meet these challenges are to understand the property owners and communicate with them. Understand Property Owners and What Motivates Them You will find that some property owners are eager to sell their property. Others will be reluctant, apprehensive, or undecided. Still others will be absolutely against the idea. Many factors influence a property owner's decision whether or not to sell. Examples include: • Personal finances • Degree of damages • Amount of personal property lost • Value of the property • Age of the household • Size and makeup of the household • Personal acceptance of risk • Availability of desirable housing • Neighbors' decisions • Opinions of friends and family 1-5 • Quality of life offered in a new neighborhood Property owners are influenced by those factors in different ways. For example, one elderly couple whose children are grown might be eager to sell their large home with its large yard and move to a smaller home or condominium outside of the hazard area. On the other hand, another elderly couple might be reluctant to sell the home where they raised their children, despite the risks of future disasters. Communicate with the Property Owners Misconception also influences property owners' decisions and continued support of a project. Therefore, one of the most important tasks you can do is communicate with the property owners to ensure they understand the process. Communication also is one of the easiest means to manage property owner expectations; all it requires is accessibility, honesty, and consistency. Some of the means of communication you can use include: • Point of Contact (POC). Provide a single point of contact whom the property owner can get to know and with whom they have regular and consistent access. Provide a phone number (with voicemail) and an email address for the POC. • Informational materials. FEMA has brochures and pamphlets that may be useful to you. The State also may have helpful printed information. Ask your State Mitigation Staff Point of Contact for more information. • Public announcements and notices. Use local radio and television stations to air Public Service Announcements (I'SAs) about the property acquisition project. Publish public notices in local newspapers, community newsletters, and other local publications; post them in houses of worship, community and shopping centers, and other places where people tend to gather. • Public meetings. Nothing can substitute for face-to-face contact and open forums that allow for two-way exchange. If necessary, provide foreign and sign language interpreters at public meetings. • Hotlines or Websites. If your community has the resources, establish a hotline and/or a website that property owners can call/visit to receive basic information and/or ask questions. Feedback and established project timelines also are important to communication. Listen to what property owners have to say and respond to their questions as quickly and accurately as possible. 1-6 Manage Property Owners' Expectations From the beginning, the property owners must understand that property acquisition, despite its mitigation effectiveness, might not make them whole again. However, they will receive fair compensation for their property. Property acquisition presents a good opportunity for them to recoup a large part of their investment in property that probably has lost some, if not most, of its value. In addition, they must understand that property acquisition takes time. No matter how dedicated your community, State, and FEMA staff are, property acquisition requires a lot of work... work that simply cannot be completed in just a few weeks time no matter how large your staff is or how many hours they work. Under the best circumstances property acquisition, from disaster occurrence to real estate closing, might take one to two years to complete. 1-7 GETTING S T A R T E D ~~ _ ~ ~, ~ ~- j ~~ a d ~~ , ., You now have a basic understanding of property acquisition under the HMGP. This chapter will give you information about getting started in the property acquisition process itself. It guides you through the important steps of making the decision whether or not to proceed with a property acquisition project. ~ ;i" arm®..~.: If your community decides to explore property acquisition, your next step is to talk with your State Mitigation Staff. The State sets the funding priorities for the HMGP. Those priorities are flexible and may change as the disaster unfolds and needs become more apparent. The State Hazard Mitigation Officer (SHMO) is responsible for administering the HMGP. Make certain that you are familiar with the established funding priorities for this disaster, and that the project you are considering is in line with those priorities. Projects that are not part of an established priority list are less likely to receive HMGP funding. - .~ - - Ideally, the same project team should see your project through from the decision- making process to implementation. Also, your project team leader should be qualified and available to serve as your grant administrator when you implement your project. Alternatively, your team leader can lead your team through the decision-making and application processes and then turn the project over to a grant administrator for implementation. Once you have submitted your application, you can search for a local grant administrator while your application is pending approval. Your project team can and should be comprised of a variety of people -local employees, consultants, and volunteers. At some point during the planning or application development process, you may find that you require technical assistance from legal counsel, appraisers, tax assessors, engineers, construction professionals, zoning administrations and other experts. You likely will be able to find this expertise 2-7 GETTING S T A R T E D in your community. Those experts who provide technical assistance can be either members of your project team or simply available to the team on an ad hoc basis. With your team in place, you are now ready to begin outlining your project strategy. Your project must be in line with the State Hazard Mitigation Plan, your Local Hazard Mitigation Plan, and the established State funding priorities. Outlining your project strategy begins with an assessment of how things are and a vision of how things can be. You can use most of this information later if you decide to complete an HMGP property acquisition application. This information also will be helpful to prioritize properties that your community wishes to acquire. To begin: Gather basic information about your community, such as population, area/size, industries, economy, infrastructure, services and topography. Summarize your community's disaster history. How much history you should collect will depend on the availability of records in your community. Be sure to include the year and type of event (e.g., flood), a description of the event, and the amount of damages (expressed in dollars). The severity of the event (e.g., river crested 4 feet above flood stage) and the effect on life and property (both public and private) also should be documented. • Identify and describe the areas affected by this most recent disaster and the damages suffered by the community as a whole. • Assess and describe the future risks from natural disasters to lives, property, infrastructure and services within your community. (If you decide to complete an application, you will be required to describe a repetitive problem that your project would solve. This activity, along with the one directly above, will aid you in doing that.) • Identify at-risk areas, such as floodplains, and consider their vulnerability in terms of base flood elevations and development. • Identify alternatives to property acquisition. (If you decide to complete a property acquisition application, you will be required to demonstrate that you have considered at least two feasible alternatives to property acquisition, one of which is taking no action.) • Begin to consider how you might use the acquired property. Potential use should coincide with your community's overall environmental, conservation, recreational, and floodplain and wetlands management goals. Failure to consider how acquired property may be used may result in headaches down 2-2 GETTING S T A R T E D the road for your project team. (FEMA does not require you to identify how you will use the acquired property, only that you make binding promises that the property will be maintained in perpetuity as green space.) Remember that any project that you propose must be cost-effective. It is a good idea to consider the benefits and costs of any properties that you identify as possible candidates for an acquisition project as early as possible in the process. Otherwise, you may spend a great deal of time on properties that may turn out not to be eligible due to their lack of cost-effectiveness. Prioritizing properties for acquisition will be among the most challenging decisions for your community. You might not receive enough HMGP fiznds to purchase every property your community would like to acquire. The State or FEMA may ask you to explain your selection of properties to be acquired. To prioritize target properties: • Establish measureable and unbiased criteria by which you can classify properties Consult the State's funding priority list to ensure that your established criteria would be eligible. • Rank criteria into priorities • Group targeted properties by criteria Specific Criteria Identify specific criteria that apply to properties within your community. For example: o Properties that have been declared substantially damaged o Properties that have suffered repetitive losses o Properties that are located in the floodway o Properties that are located in the Special Flood Hazard Area (SFHA) (also known as the 100-year floodplain) o Properties that are located in the 500-year floodplain o Properties that axe primary owner-occupied residences o Properties that are tenant-occupied o Properties that are secondary or vacation homes o Properties that are commercial 2-3 GETTING S T A R T E D o Properties that are vacant lots that are contiguous to other properties o Any other properties that may be identified as a priority by the State Priorities Based on the priorities established by the State and the criteria applicable to your community, establish your community's priorities. For example: o Priority 1: Properties that are owner-occupied primary residences, substantially damaged, and located in an SFHA o Priority 2: Properties that are owner-occupied primary residences, substantially damaged, and located in an SFHA o Priority 3: Properties that are tenant occupied or secondary homes, substantially damaged, and located in an SFHA o Priority 4: Properties that are owner-occupied primary residences, not substantially damaged, and not located in an SFHA o Priority 5: Properties that are commercial structures or vacant lots that are contiguous to other identified priority properties ~~, ~ -,~ :, a ~ r ~.,... ~,d: r4 ~ ~ ~ .. ,_~ sF You will want to publish the date, time, location, and purpose of this first public meeting as widely as possible, to ensure the most participation possible. This first public meeting serves two purposes: it presents general information about property acquisition to property owners and begins to gauge their interest in participating. Therefore, it is imperative that you give them enough information to enable them to begin thinking about this important decision. Some topics you will want to discuss during this public meeting include: • Summarize hazard mitigation. Explain hazard mitigation simply, using enough detail to define it but not so much that you lose the interest of the audience. The property owners are mostly interested in the details that directly affect them. • Explain property acquisition. Explain that property acquisition is the most permanent and effective form of hazard mitigation. Describe how the process works in general terms. • Explain fair market value. Knowing they will receive a fair price for their property is important to property owners. 2-4 G E T T I N G S T A R T E D • Stress the fact that property acquisition requires voluntary participation. Property owners may be concerned, and understandably so, that the government will try to force them to sell their property or will use its right of eminent domain should negotiations to acquire the property fail. Assure them that property will be acquired only from owners who wish to sell and that the community will not force any property owner to sell. • Discuss the timeline for typical property acquisition projects. Make certain that the property owners clearly understand that any potential acquisition would be months (or more) from now and that the HMGP is not an immediate needs program. Remind them that the program is designed to prevent future damages, not to rectify current damages. • Discuss the types of costs that the community will pay for in an acquisition and the types that it will not. • Explain Duplication of Benefits (DOB). Money is an important issue for property owners. Take this opportunity to briefly introduce property owners to DOB and advise property owners to save all receipts from repairs. • Explain the advantages and disadvantages of property acquisition to the property owners so that they can make an informed decision regarding whether or not they want to sell their property. • Explain the property owners' obligations. Create a sense of teamwork. Explain that the property owners have active roles to play in the property acquisition process. They can move the process along by: o Attending meetings and promptly returning phone calls and completed documentation o Evaluating their options and making a decision in a timely manner o Providing all of the documentation that the community requests of them in a timely manner o Keeping appointments for meetings, phone calls, etc. • Identify the community's priorities for targeted properties. Briefly describe each priority and explain why it is ranked as it is. Describe the relationship between your community's priorities and the State's funding priorities. • Answer questions. Solicit questions and answer them as fully as you can. Have knowledgeable State and local officials and employees on hand to provide answers. If you cannot answer a particular question, tell the property 2-5 GETTING S T A R T E D owner that you do not know the answer but will find it. If you cannot answer the question by the end of the meeting, publicize the answer later. Do not improvise an answer if you are uncertain. • Ascertain the property owners' interest in participating. This is a major purpose of the meeting. The community can only proceed with a property acquisition project if the property owners are interested in selling. Open the floor to general discussion and allow property owners to express their opinions and ask new questions. • Provide a questionnaire for interested property owners to complete. Make certain that the property owners understand that the purpose of the questionnaire is to establish interest in possible participation and that completing the questionnaire does not bind any party to participation in any way. • Have asign-up sheet for participants in the meeting. Ask property owners to provide names, addresses and contact information, regardless of their level of interest. The sign-up sheet will help to document the meeting and the participation of the public and can be used to establish a mailing list. (You can also use it to deternzine if any questionnaires are missing.) • Compile minutes from the meeting. Ensure that someone is designated as a recorder to compile minutes of the meeting. After the public meeting, you will reach an important decision point. Immediately review and evaluate the property owner questionnaires. What do they indicate about the property owners' level of interest in participating in a project? What does the meeting itself indicate? What impressions did your project team take away from the meeting? If property owners are not interested, property acquisition obviously is not an appropriate mitigation measure for your community. However, if property owners are interested, then it might be. There are two more factors you must consider before you can make a final decision. Those considerations are: • Your community's ability to complete a project • The impact of a property acquisition project on your commurury 2-s GETTING S T A R T E D Examine Your Community's Ability to Complete a Project Applying for grant funds and implementing an approved project requires: • Coordination among property owners; Federal, State and local governments; and contractors and consultants • Constant and consistent communication with property owners • Financial and administrative framework to manage grant administration • Ability to manage acquired property in the long-term It is important that you carefully examine your community's ability to fulfill these requirements and to successfully complete the project. Some factors that may influence your ability to manage these requirements include: • Current and future commitments of your project team members and local and regional employees • Ability to easily gather required data to complete the application • Ability to provide your community's portion of the non-federal cost share • Current and future financial obligations and proposed projects in your community Ask yourself the following questions and carefully evaluate the answers: • Does your community have the human and physical resources to see the project through to completion? • Is a project manageable considering the existing workloads in local and regional staff? • Will existing workloads suffer if your community implements this project? • Does your community have the resources to manage this project? • Does your community have the human, physical and financial resources to plan, manage, and maintain green space? Your answer to these questions will deten7une your ability to complete a property acquisition project. 2-7 G E T T I N G S T A R T E D Examine the Project's Impact on Your Community There is one more consideration before you are able to make a fully informed decision to develop a property acquisition project application; that is, the impact of the project on your community as a whole. Property acquisition can have both negative and positive impacts on your community. Generally, the positive impacts are the same for any community. However, the possible negative impacts affect each community differently. Positive impacts of property acquisition include the following: • It provides more complete and permanent protection from future hazards than any other mitigation measure because it permanently removes people and structures from harm's way • It reduces the financial and emotional costs of future disasters because every acquired property represents one less area where your community must direct response, evacuation, rescue and recovery efforts • It is consistent with general environmental, conservation, recreational and wetland management goals • It can help achieve floodplain management objectives because it helps expand flow-carrying capacity by increasing flood-storage areas • It makes land available for public use There may be other positive impacts of property acquisition that are unique to your community; and these should be considered carefully and fully. To evaluate the possible negative impacts of property acquisition on your community, consider the following: • What impact will property acquisition have on property values and taxes? What effect would a revised tax base have on your community's ability to provide and maintain services? • What impact would not acquiring properties have on your community? • What other funds may be available to acquire properties not eligible for the HMGP or not high enough on the State priority list? • What are the potential political or socioeconomic implications of the project? • What are the long-term budgetary implications of maintaining the acquired property in perpetuity as green space? 2-8 GETTING S T A R T E D • What historic or cultural resources might be affected by the project? There may be other negative impacts that are specific to your community. Be sure to carefully consider all potential negative impacts, both short term and long term. The time has come to make a decision. Only you can decide what is in the long-term best interests of your community. Consider carefully the information you have collected. Consider all of the potential impacts of property acquisition. Try to make your decision in a timely manner. Remember that property owners will be awaiting your decision before they can decide how best to move forward. Once you have made a decision, make a public announcement. Be prepared to answer questions. 2-9 THE APPLICATION PROCESS . ~. ~ ow that your community has decided to move forward with applying for an HMGP property acquisition grant, it is time to begin the application process. ~~~~~' F ~ Aa_I~ Rs - ~'i Jo.>a,~i ._ i ...~ d w~ J~,.ri. IF ~'i~,,., 5 T'...; .h ~aL As outlined in Chapter 1, all projects funded under the HMGP must be determined to be cost-beneficial. To aid applicants in this, FEMA has developed Benefit-Cost An@sis (BCA) software that communities may use to deteiYnine if their project meets the BCA requirement. To obtain a copy of this software, contact FEMA's BCA Helpline: 866-222-3580 (Monday-Friday, Sam-5pm Eastern) bcahelpline@dhs.gov Technical assistance is available to aid you is using this tool. For more information, contact your State Mitigation Project Officer. For property ac@sition projects, properties that meet certain conditions are assumed to be cost-beneficial and are exempt from further analysis. In 1996, FEMA issued a policy memo that outlined these conditions. A copy of this memo can be found in the back of this handbook. In general, properties that lie within the Special Flood Hazard Area (i.e., the 100 year floodpl@ and that are deteiYnined by the community to be substantially damaged can be acquired through the HMGP without further benefit- cost analysis. For more information, see the memo and consult with your floodplain administrator. To develop your project, your community will need to determine whether your project will meet the cost-benefit requirements. 3-1 THE A P P L I C A T I O N P R O C E S S To begin the application process, you must submit your Notice of Interest (NOI) to the State Mitigation Office. This notice serves as apre-application to the HMGP, giving the State Mitigation Staff the chance to evaluate your project to make certain it is in line with the published funding priorities. To complete the NOI, you will need to have available basic information about your property acquisition project, such as: • Project Description • Local Hazard Mitigation Plan • Estimated Project Cost •. Basic Property Information • Basic Property Owner Information Once your NOI has been reviewed by State Mitigation Staff, a decision will be made regarding your project. You either will be invited to complete a full project application or your NOI will be declined and no invitation will be issued. Once you have received the HMGP Property Acquisition Project Application and Applicant Handbook, you are ready to begin gathering information to complete the application. Don't be concerned with the actual filling in of the application -it's more important now to concentrate on finalizing the participating property owners and gathering the information that will be required of you. Conduct a Public Meeting This public meeting serves two purposes: it announces your community's firm intent to apply for an HMGP property acquisition grant and continues to gather support from property owners. Property owners probably are tired of living through one disaster after another and are anxious to hear the details of a possible permanent solution. However, they also might be nervous about participating in a Federal grant program and unrealistic about the benefits it provides. Fox that reason, be sure to explain fully and repeat (as often as necessary) all benefit information, especially possible benefit restrictions. Try to make the tone of the meeting friendly and as informative and supportive of the community as possible. This public meeting is an opportunity for your community to detei7nine what your HMGP project will encompass. Use the sign-in sheet from your first public meeting 3-2 THE A P P L I C A T I O N P R O C E S S to create a mailing list of interested property owners, and send notices to them with meeting details. Again, you should publish the details of the meeting in easily accessible publications and locations. You want to encourage attendance for any member of your community that will be impacted by or interested in your property acquisition project. During this public meeting: Introduce the point of contact (I'OC). The POC's job is to make sure no one falls through the cracks or has a question that goes unanswered. Tell the property owners and tenants who their POC is, how they may contact their POC (e.g., mailing address, phone number, email address), and when their POC is available. Establish project office hours. Establish a regular project workplace and regular hours. If possible, keep the office open at least one evening a week for the convenience of property owners and tenants who may have daytime commitments. Review the property acquisition process. Since property acquisition affects property owners, tenants, and mobile-home dwellers in different ways, you may want to consider using break-out sessions to accomplish this. Think about the number of people expected at the meeting, how many of them attended the first meeting (compare the sign-up sheets from the first meeting with the notices you prepared from this meeting), and how much they still want to learn. Be sure to refer to your presentation notes and issues raised from the first meeting as you review property acquisition. Explain Duplication of Benefits (DOB) in detail. DOB is one of the most complex and least understood aspects of the property acquisition process. It is an issue that can cause confusion and anger if not properly understood. Therefore, be sure every property owner understands it. Consider asking your State Mitigation Staff to provide an expert (from outside of the community) to explain DOB at your meeting. DOB can be an unpleasant subject; having a neutral expert on hand to explain it can remove your project team members from any unpleasantness that could cause division between them and the property owners. Also, an expert can answer questions the property owners might have. Explain Replacement Housing Assistance for property owners. Often, the pre-flood fair market value of property, and therefore the purchase price they will be offered, is not enough to enable property owners to purchase property in less hazardous areas. Replacement Housing Assistance helps to bridge the gap between the amount they will be eligible for from their current property and the amount a comparable property will cost. (Up to $10,000 is available, 3-3 THE APPLICATION P R O C E S S based actual costs.) Property owners also are eligible for up to $850 to pay for moving and storage expenses. • Explain Uniform Relocation Assistance and Real Property Acquisition Policies Act (CJRA) to tenants (if applicable). If a property owner decides to sell their rental property (residential or commercial), tenants of that property are eligible for tenant relocation assistance under the URA. (The maximum amount available to residential tenants is $5,250. Commercial tenants are eligible for actual relocation expenses, though some maximums do apply.) Tenants also are eligible for up to $850 for moving and storage expenses. • Explain assistance for mobile-home owners and tenants (if applicable). Generally, mobile-home dwellers tend to be grouped as follows: o Homeowners who own both the mobile home and the home pad. Those mobile-home dwellers are considered to be property owners and are treated no differently than other property owners. o Tenants who rent both the mobile home and the home pad. Tenants of mobile homes are treated no differently than any other tenant. They are eligible fox URA assistance for tenants. o Homeowners who own the mobile home but rent the home pad. The State of Iowa's policy is that the acquisition must be voluntary on the part of the mobile home owner. Therefore, they are considered to be property owners. o If you require assistance, consider asking your State Mitigation Staff to have a representative available to explain and answer questions. • Answer questions. Solicit questions and answer them as fully as you can. Follow-up on questions you cannot answer in a timely manner. Allow open discussion. • Collect data. Distribute property owner and tenant questionnaires and self- addressed envelopes. These questionnaires are information-gathering tools for your project team. They solicit individual property owner and tenant data, which is required to complete the HMGP application. The property owner questionnaire also begins to capture data regarding DOB and assistance eligibility. Review the questionnaires; explain why the data is necessary and how it will be used, clarify any unfamiliar terminology, and emphasize the date it is due. (Give at least one week to complete and return the questionnaire.) • Pass around asign-up sheet, as was done at the first public meeting. 3-4 THE APPLICATION P R O C E S S • Designate a recorder to compile minutes, as you did at the first public meeting. ,,, ~`I , Before you sit down to complete your application, consider how your community will address some of the finer details of property acquisition. These details will form your community's acquisition policy. This policy is the foundation of your property acquisition project; it must be understandable, defendable, and applied consistently to all participants. Think about how your decisions might affect development of your application. How will your community establish property values? FEMA policy states that communities acquiring properties with FEMA funds must establish and document a fair market value. Fair market value generally is defined as: The amount in cash, or on terms reasonably equivalent to cash, for which in all probability the property would have sold on the effective date of the valuation, after a reasonable exposure time on the open competitive market, from a willing and reasonably knowledgeable seller to a willing and reasonably knowledgeable buyer, with neither acting under any compulsion to buy or sell, giving due consideration to all available economic uses of the property at the time of the valuation. Pre-flood fair market value is defined as the fair market value of the property immediately before the flood event. Your community has the option of offering property owners pre-flood fair market value or current fair market value. The choice that you make affects DOB. If property owners are offered current fair market value, no DOB deductions are required. DOB only applies to offers of pre-flood fair market value. Pre-flood fair market value is only available to an owner who owned the property during the flood and is a U.S. National or qualified alien. If the current property owner purchased the property after the flood or is not a U.S. National or qualified alien, then the purchase offer must not exceed the current fair market value. Once you have deteiYnined what fair market value you will offer, you must decide what method of valuation you will use. You must coordinate with the State Mitigation Office regarding your method. Typically, acquisition projects require the valuation of the property (land and structures as a whole). When practical, communities often choose to base valuation on appraisals. Appraisals must be conducted by an appraiser in accordance with the Uniform Standards of Professional Ajipraisal Practice (USPAP). The appraiser must comply with relevant state 3-5 THE APPLICATION P R O C E S S laws and requirements and have the appropriate certifications, qualifications, and competencies based on the type of property being appraised. Communities may choose instead to use the tax assessed value of a property and add an adjustment factor. For example, a community may choose to use 110% of the tax assessed value as the pre-flood fair market value for the property. Using an adjustment factor enables a community to detenniiie a pre-flood fair market value for each property so that the reasonable value of the property is reflected in the purchase offer. Regardless of what valuation methodology you choose, the same methodology must be use for all properties to be acquired. Is your community committed to keeping property owners inside the community? Your community may choose to undertake a property acquisition project without thought to where the property owners will eventually relocate. However, you might consider actively encouraging property owners to resettle in existing or emerging areas within the community. You may consider using some type of financial incentive to encourage property owners to stay within the community. While this type of financial incentive is not an allowable cost under the HMGP, it can be an effective means of retaining members of your community. When you receive your invitation to apply, you also will receive several tools to help you complete the application. In addition to the State of Iowa HMGP Property Acquisition Project Application, you also will receive a sample application, which can be used as a model for your application and an Applicant Handbook, which will explain each section of the application and specific information requested in that section. When completing the property acquisition project application, remember that the most useful thing you can provide for application reviewers is complete and accurate information. When you axe asked for a description or a narrative, offer as much information as possible. Beware of adding information that is not relevant to your project application, however, as this can make the application harder to review. Use simple, concise, and complete sentences and answer the specific question asked to avoid confusion. Keep in mind that the application reviewers are not as knowledgeable of your community and your acquisition project as you are. This application is your means of expressing your community's needs and objectives. Be sure that all of your attached documentation is correctly and accurately labeled. 3-6 THE A P P L I C A T I O N P R O C E S S -~, ~ ~. aiR i:~ aL 1di k L~ ffb~ iG6'I w .. ~~ .. ., ~ c. i .. ~ ~. ~~ ~~ i When you receive your invitation to apply, the information packet will contain all the contact information and due dates that you will need. If anything in your packet is unclear, contact the State Mitigation Office. Prior to the actual due date, you are encouraged to send an electronic copy of your completed application via email, for preliminary review by State Mitigation Staff. This will enable the State Mitigation Staff to review your application for any possible errors or deficiencies that need to be corrected prior to the formal submission of your complete application. If you choose to send in an electronic copy, it is not necessary to send in supporting documentation at that time, unless requested by the State Mitigation Project Officer assigned to your application. You are encouraged to submit your completed application (both in hard copy and in e- copy) and all supporting documentation (including a completed BCA, if applicable) prior to the due date. This may not be possible for your community, but is encouraged, if possible. Before you submit your completed application, make certain that you have retained a copy of your completed application and all supporting documentation that accompanies your application. For formal review, all applications must be received by the due date. While you are awaiting the outcome of the application process, you can perform some and make certain decisions, should your community choose to do so. You may prefer to wait until you have been notified whether or not you have been awarded the grant to perform these tasks and make these decisions. If you choose, here are some preparation activities you may want to accomplish prior to grant award: Explore green space options. Begin considering how your community would best benefit from the green space that your property acquisition project would create. Identify a local grant administrator. If your project team leader will not serve as your local grant administrator, begin considering who could fill that position. The selected person should have experience administering federal grants and be familiar with pertinent sections of 44 CFR. If your community opts to hire a local grant administrator, spend this time developing a job description and interviewing candidates. Be sure to make it clear that any employment offer depends on receipt of your project grant. 3-7 THE APPLICATION P R O C E S S • Prepare a press release. If you are awarded the project grant, plan to issue a press release announcing the award. • Draft contracts, policies, and procedures. You may need to hire contractors for some grant activities, such as demolition. You must follow federal procurement regulations, which require you to solicit competitive bids. Your community also may have local procurement policies in place for you to follow. If your community does not have procurement policies in place, contact the Iowa Department of Administrative Services, General Services Enterprise, Procurement Services for guidance (litrp'1/day ~~e io~vz. rov/procurement/index.htn~l). Remember, until you are officially awarded a grant, you cannot solicit bids. • Draft your appeals process. Begin to consider your. procedures for resolving conflicts that might arise between property. owners and the community. Design an appeals process whereby property owners can challenge the fair market value of their property and DOB or other deductions. Your procedures should address how the appeals must be submitted, who will receive them, who will evaluate them, and what criteria will be used to evaluate them. • Property taxes. Determine when the community will assume responsibility for property taxes. Some communities require the property owner to pay property taxes through the closing date on the sale of the property. Other communities only require property owners to pay through the date of the disaster or the declaration. When considering your policy, consider the amount your community will lose from that year's property taxes. • Determine the date the property must be vacated. Residents should vacate the property on or before the date of closing. Be as precise as possible when stating when residents must vacate. If your community intends to give property owners some degree of flexibility, establish specific conditions. • Determine decent, safe, and sanitary replacement housing. Property owners who receive Replacement Housing Assistance are required to procure decent, safe and sanitary housing outside of the hazard area. Determine what major systems or conditions will satisfy the community's determination of decent, safe and sanitary replacement housing. • Draft documents requiring property owners' signatures. These documents are necessary for the implementation of your property acquisition project. Examples of these documents include an offer letter, which contains specific instructions to the property owner for participating in the project, and a formal Statement of Voluntary Participation, if not already completed. 3-8 THE APPLICATION P R O C E S S You will be notified by the State when a decision is made regarding your grant award. If your grant application is selected for funding, further instructions will be forthcoming as to how you should proceed and what exact work and funding was approved. If your grant application is not selected, you will have the opportunity to obtain more information regarding the reason, and you may have the opportunity to appeal the decision, should you choose to do so. 3-9 IMPLEMENTING YOUR PROJECT . . ~ I I '~~, y ~ {~ i~ ~•~ SIN j ,r+i ;, ~ ~ N ,~i~ i ,, rt r a i~ ~ 4.. ongratulations! Your grant has been approved for funding! Your hard work and attention to detail has paid off, and now your community can begin implementing the property acquisition project that your project team so carefully developed. P n ~11.'. r~~11t ~. dl• ikL.M$ It is important that you do not begin to implement your property acquisition project until you fully understand your obligations. To ensure that you understand, the State Mitigation Finance Officer will schedule an in-person meeting with the representatives from your community and the State Mitigation Project Officer assigned to your project. They will carefully go over all aspects of the Grant Agreement with you and discuss all required reports with you. You will have the opportunity to ask questions and make certain you understand all of your community's obligations. Because the funds for your grant originate with a Federal agency, you must keep careful financial records. Consult with the State Mitigation Finance Officer if you have any questions or need any clarifications. Depending on your community's existing financial management system, your first step may be to establish separate charge codes or to open separate non-interest-bearing checking accounts exclusively for managing your property acquisition project funds. Be sure to keep non-federal share funds separate from federal share funds. A good financial record keeping system has these characteristics: • Complies with Federal grant management guidelines as dictated by the Office of Management and Budget (OMB) • Documents and tracks all funds originating with a Federal agency 4-1 I M P L E M E N T I N G YOUR P R O J E C T • Documents and tracks all non-federal share funds (e.g., State and local match funds, including Community Development Block Grants) • Has internal controls governing the management of funds and records • Is regularly audited by an independent auditor Complying with OMB guidelines The Office of Management and Budget (OMB) outlines general principles of allowable costs using Federal funds. To comply with OMB guidelines, be aware of the following: Eligible Costs. Generally, eligible costs are those that are allowable, reasonable, necessary, and allocable. For specific guidance, refer to OMB Circular A-87/2 CFR Part 225. Changes in Scope. A change in the approved scope of work often results in a change of cost. Only the State, with FF.MA'.r approval, can authorise changes in approved scopes and any associated changes in costs. If a change in an approved scope might occur, notify your State Mitigation Project Officer as soon as possible. Do not perform any activities that change the approved scope without the expressed, written consent of the State Hazard Mitigation Officer and FEMA. Program Income. Your property acquisition project has the potential to generate program income prior to the close-out of your grant. Program Income can result from the sale of salvage or the lease of acquired property. Unless the State directs otherwise, any Program Income generated prior to project close-out must be used to defray the overall costs of the project. This in turn will reduce the total grant funding. Once the project grant is closed out, any income generated by the property belongs to the community as titleholder. Documenting and Tracking Project Funds You must ensure that your financial management system can document and track all of the funds you acquire and spend fox your property acquisition project. Make sure that your system allows you to track Federal funds separately from non-federal funds. At project closeout, you must document that non-federal funds were used to pay for at least twenty-five percent (25%) of the total project cost. To best track project funds, maintain separate charge codes or non-interest-bearing checking accounts for Federal funds and non-federal funds. Every time you deposit or withdraw from one of these accounts, make sure the transaction is documented in a spreadsheet or some other type of log. For deposits, track the sources of the funds, the 4-2 IMPLEMENTING YOUR P R O J E C T means in which they were provided (cash, check etc.), and dates they will be available. For withdrawals, track the sources of funds, to whom and why they were disbursed; dates of payments, and check or transaction numbers. Also document the value of in- kind services. The State Mitigation Financial Officer has forms for documenting and tracking funds available for your use, should you choose to use them. Document and Track all Project Management Expenses You must document and track all direct project management expenses related to your property acquisition grant. Forms of documentation include: Timesheets and payroll receipts, general ledger reports documenting that payroll was issued • Receipts for equipment and supplies, along with proof of payment • Travel receipts and logs with supporting documentation showing payment For specific documentation requirements, consult with the State Mitigation Finance Officer. Managing Funds and Records Establish internal controls for managing funds and records. Internal controls usually begin by limiting access to funds and financial records to only a few authorized individuals. For guidance, consult with the State Mitigation Finance Officer. Audits The Federal Government requires that project sub-grants be audited regularly by an independent auditor. Such audits are in your community's best interests. Consider asking the Certified Public Accountant (CPA) who completes your annual or bi-annual audits to audit your property acquisition funds in accordance with the Single Audit Act. Depending on the size of your community and the total amounts of Federal funds received, use the following guidelines as the minimum audit requirements: • If you expend more than $500,000 in combined Federal funds in any one (1) fiscal year, you must have a single audit completed. • If you receive between $50,000 and $499,999 in combined Federal funds in any one (1) fiscal year and choose not to have a citywide or county wide single audit, you must conduct individual grant audits. • If you receive less than $50,000 in combined Federal funds in any one (1) year, you are exempt from complying with Federal audit requirements. However, you are still subject to State and local auditing requirements. 4-3 IMPLEMENTING YOUR P R O J E C T Grant File Contents Keep the following documents and information in your grant file: • Grant agreement and any amendments to it • Copy of approved Acquisition Administrative Plan • Financial records, including copies of any quarterly reports • Commitment letters from any non-federal share funds sources • Copies of reports • Correspondence and call log • A copy of the approved project application • Summary of property owner files • Sutntnary of tenant files • Contractor documents (contracts, invoices, etc.) Property Owner File Contents Keep the following documents and information in your property owner file: • Communication log for phone calls with property owners (be sure to include summation of call) • Offer letter, including value of property and instructions for conducting negotiations • Determination of the value of the property, both preluninary and final. The preluninary determination is the value of the property as identified on your application. The final detemunation is the price your community is willing to pay for the property, which will be contained in the offer letter. • Signed Statement of Voluntary Transaction • DOB Documentation 4-4 IMPLEMENTING YOUR P R O J E C T • Proof of ownership • Deed with restrictive covenants • Closing statement • Copies of checks • Verification of demolition • Copies of correspondence Be sure to retain proof of delivery for any mailed correspondence. This file should be complete by closing for each property. Tenant File Contents Keep the following documents and information in your tenant file: • Communication log for phone calls with tenants (be sure to include surrunation of call) • Letter of notification to tenant that the property is being considered for a property acquisition project, that the property might be sold, and advise them of their rights, responsibilities and options. • Notice of relocation eligibility, infoiYning tenants that their landlord has accepted an offer to sell the property and, consequently, they are now eligible for relocation assistance benefits. • 90 day notice to vacate. This notice goes to any tenant still residing in a property being acquired. • 30 day notice to vacate (as applicable) • Written notice of tenant's eligibility for benefits and eligible amounts • Receipts (moving, storage, utility bills, etc.) • Copies of checks • Copies of correspondence Be sure to retain proof of delivery for any correspondence mailed to tenants. 4-5 IMPLEMENTING YOUR P R O J E C T You will be required to complete and submit for State approval a Property Acquisition Administrative Plan as a condition of your grant agreement. The State Mitigation Staff has developed a template for use by communities that do not already possess one. Contact your State Mitigation Project Officer for more information. Once your Property Acquisition Administrative Plan has been approved by the State, implement those policies and procedures as you would any other. Do not begin your property acquisition project until you have enacted all policies, procedures, etc., that will affect the project. Publicize those policies, procedures, etc., and ensure that all participating property owners, tenants, and others who might be directly affected are aware of them. You may have drafted a press release to announce the award of your project grant. If you have not, you should do so now. You also may have begun preparations for a third public meeting. If not, you should do so now. The purpose of this third meeting is threefold: to announce the grant award; to explain policies and procedures governing the property acquisition project; and to begin acquisition proceedings. In preparation for the meeting, the following tasks should be accomplished: Update/finalize project milestones. Now that you have been awarded the grant and are preparing to begin your project, make any adjustments to your timeline and milestones, making sure that they reflect current dates, resources, and participants. Establish blocks of time for meetings with individual property owners. After this public meeting, the community will begin negotiations with individual property owners. Since details of the negotiations are specific to each property owner, meeting with them individually allows the project team to resolve more easily any questions and concerns, ensure understanding of responsibilities, and obtain necessary signatures. Select blocks of time when project team members axe available and plan to have sign-up sheets available at the public meeting. Create sign-up sheets for property owner appointments. Allot enough time to accomplish the required tasks and to answer questions with each property owner. Be sure that the time, location, and name of the project team member who will be working with that homeowner all are marked clearly on the sign-up sheet. a-s IMPLEMENTING YOUR P R O J E C T • Anticipate individual appointments with tenants. Explain that you will notify each tenant to schedule an individual appointrnent as you conclude negotiations with each property owner. During the appointment, answer the tenant's questions, address the tenant's concerns, and inform the tenant of relocation assistance that is available to them. Conduct the Public Meeting During this public meeting: • Formally announce the award of the grant • Explain and provide copies of policies, procedures, etc. • Explain milestones and timelines for the project. Make the property owners and tenants aware of the project goals. Their understanding of the overall timeline and certain milestones clarifies how their responsibilities affect the rest of the project and encourages treating deadlines seriously. Emphasize that all tasks must be completed before any acquisition payments will be issued. • Review the voluntary nature of the property acquisition project. Remind property owners that participation in the project is voluntary for all parties (property owners, your community, the State, and FEMA) and that any participant can withdraw from the project at any point up to closing. • Review the property owner's obligations. Re-emphasize that their frill cooperation and participation will help the process move more smoothly and quickly. • Duplication of benefits (DOB). Remind property owners that certain funds from other sources will be subtracted from the purchase price of their home unless they can document the money was spent on approved home repairs. Emphasize the importance of retaining all repair receipts and disclosing all previously collected benefits. • Request that property owners sign up for appointments. Explain the intent of the appointments and what will be discussed. • Designate a recorder to compile minutes of the meeting. ~ `'. k'il~~~.. Jti IBS Develop Bid Packages The bid package is a bidder's main source of information about the community's wants and needs. Finalize any draft specifications you have started, revising them per your 4-7 IMPLEMENTING YOUR P R O J E C T grant agreement as necessary, and submit them to your State Mitigation Project Officer and to the State Mitigation Finance Officer for approval. Include the final bid specifications, any standard bidding forms, and any supplemental information that would be helpful to bidders in the final bid package. Be sure to include the date and time that bids are due. Issue Bid Packages Make the full bid packages available at a central location for review by prospective bidders. Advertise the request for bids in local newspapers, etc. Evaluate Bids Received Open the bids on the date and time announced in the bid packages and request for bids notice. You should accept the lowest, technically acceptable bid. However, you may reserve the right to evaluate the bids more carefully before entering into a contract. If you choose to accept a bid other than the lowest one, you must justify your choice, and your local Procurement Procedures must allow for this action. Check with the State Procurement Services Office or the State Mitigation Finance Officer. Award Contracts Once a bid is selected, create a file for the contractor and award the contract. Keep a copy of the contract and all invoices in the contractor's file. Also keep a list of all bidders with proof that the project was given to the lowest bidder or justification why it was not. Meet with Property Owners Depending on the number of properties you plan to acquire, you might schedule appointments with property owners several weeks in advance. Since much of your community will be focused on rebuilding, some people are likely to forget their appointments, especially those that are many weeks away. Be sure to call or send reminder notes to confirm appointments. Participation in a property acquisition project is often mutually beneficial for the community and the property owner. You should encourage everyone who is eligible to participate. If some people did not attend or sign up for an appointment at a public meeting, investigate the situation. Elderly people or physically challenged people may have transportation challenges that kept them from signing up; others may be concerned about finding replacement housing. If the project team can help resolve their concerns (such as by providing transportation, meeting at the property owner's residence, or by helping them to find housing), the property owners might be more than willing to participate. 4-s IMPLEMENTING YOUR P R O J E C T The purpose of the meeting with property owners is to ensure that each property owner understands all policies and restrictions that affect the acquisition of his or her property and to collect any missing data. The more you verify at this meeting, the more likely your documents will be complete and accurate and your property owners will be satisfied. During the meeting: • Ensure property owners understand property acquisition in general, duplication of benefits (DOB), and all community policies and procedures • Confirm previously gathered information • Obtain signed verification of voluntary participation • Collect receipts • Schedule appraisal (if applicable) Remember to document the meeting in the property owner's file. You may need to follow up with individual property owners to obtain missing or promised information or documentation. Conduct Title Search and Appraisal Conduct a title search for each property to be acquired. This is done to ensure that the owner selling the property is also the titleholder and that the tide is clear at the time of sale and has no mortgages, outstanding liens, incompatible easements or other encumbrances to the property. If there is an issue with the clear title, work with your State Mitigation Project Officer to correct any issues. If your community has chosen appraisal as the method of determining pre-event fair market value, have the property appraised by an independent appraiser. Use the value determined by the appraisal, subtracting any DOB, to determine the purchase price offered to the property owner. Determine Duplication of Benefits HMGP funding is supplemental to other funding sources and must be reduced by amounts reasonably available (even if not sought or received) from other sources to address the same purpose or loss. Insurance payments, FEMA housing needs assistance, property-related legal claims, and/or funds from any other sources that are available for the purpose of making repairs to or replacing a structure, or other compensation for the value of the real property, are considered duplicated amounts. In this case, the eligible project costs are reduced by the duplicative amount. This has the effect of reducing both the Federal and non-Federal shares of the project and ensures that mitigation grant funds do not duplicate benefits available to owners and tenants from another source for the same purpose. 4-9 IMPLEMENTING YOUR P R O J E C T The State, community, and property owner must take reasonable steps to recover all such amounts. Amounts that are reasonably available to the property owner shall be treated as benefits available for the same purpose, even if they did not seek them. Duplications can occur at any time in such cases, and if amounts for these purposes are received subsequent to the property settlement they must be reimbursed to FEMA. Some DOB examples include the following: When a property owner is offered pre-flood fair market value, duplication may occur if homeowners have insurance, loans, repair grants, or other assistance available to them to help address the damage to the structure. The duplication occurs because paying full pre-flood fair market value also compensates the owner for the loss of value that occurs due to damage. The community must make the deductions from the established pre-flood fair market value purchase offer before making a final mitigation offer to the property owner Duplication may occur when insurance benefits are available to the property owner under an existing policy, whether they submitted a claim or not Deductions are not taken, however, for amounts actually expended on repairs or cleanup that the owner can verify with receipts. Communities may not credit property owners for the property owners' own labor hours fox repair work. Environmental and Historic Preservation Compliance For any project approved for funding, prior to initiation of the project, FEMA must undertake a review under the requirements of the National Environmental Policy Act (NEPA), as well as other applicable environmental and historic preservation laws and Executive Orders (EOs). The FEMA review process involves a number of steps; 44 CFR Part 10 contains FEMA's regulations for complying with NEPA and all applicable laws, regulations, and EOs. The majority of HMGP projects have a very low potential to result in significant impacts and thus have been excluded from the need to prepare extensive NEPA analytical documentation (Environmental Assessments and Environmental Impact Statements). Property Acquisition projects funded under the HMGP qualify fox a Categorical Exclusion (LATEX), meaning they have been determined to have no significant impact. This LATEX only applies to the NEPA Process; the project still must be reviewed by FEMA to ensure compliance with all other historic preservation and environmental laws and EOs. This review is conducted after project approval and prior to the commencement of work. 4-10 I M P L E M E N T I N G YOUR P R O J E C T Communities axe responsible for submitting the required documentation that will allow FEMA to complete their required environmental and historic preservation review of the project. For more information, see Appendix A. Make Offer to Property Owner(s) Once DOB has been completed, finalize an offer letter for each property owner. This offer letter should include: • A purchase price for clear title to the property • A determination of compensation • A statement that the acquisition is voluntary • An explanation of the property owner's right to appeal You may choose to present the offer letters to property owners in person, or you may choose to have the letters delivered to them. Send offer letters by certified mail or some other secured means that provides tracking and proof of delivery. Also maintain proof of delivery records fox each property owner. Remember that tenants are entitled to a 90-day Notice to Vacate under the Uniform Relocation Act (URA). You may send this notice at any point in the negotiations, so long as the tenant received the appropriate notice. If you make an offer to the owner of a rental property, immediately notify the tenants of that property that they might be eligible for relocation assistance. If possible, send notices of relocation assistance eligibility to tenants the same day you send the offer letter to the property owner. Property Owner Accepts Offer At this point, the property owner must decide whether or not to sell his or her property for the purchase price the community has offered. If the owner accepts the community's offer,, proceed. If the owner rejects the offer and wishes to terminate negotiations, stop closing proceedings on that property. If the owner submits an appeal, stop closing proceedings pending the resolution of the appeal. When the offer letter has been executed, inspect the property to ensure hazardous materials have been abated (if applicable). Finalize deed (or easement) restrictive covenants Per the Model Deed Restriction in your HMGP Property Acquisition Project Application, all deeds or easements must place permanent restrictions on the property deed. Restrictions include: 4-11 IMPLEMENTING YOUR P R O J E C T The property shall be dedicated and maintained in perpetuity for uses compatible with open space, recreational, or wetlands management practices ~ No structures shall be built on the property unless they are public facilities, functionally related to open space, wet flood-proofed, and open on all sides or are public restrooms No future Federal disaster assistance in any form will be sought or given with respect to the property Notices and Meetings with Tenants As soon as a property owner accepts the community's offer to purchase a rental property, any tenants of that property automatically become eligible for relocation assistance. Immediately notify the tenant of his or her eligibility for relocation asststance. Timing for the 90-Day Notice to Vacate is essential because the property should be vacant at closing. Allowing owners or tenants to remain on the property after closing can cause serious problems; avoid those problems by ensuring properties are vacant before closing. You will need to schedule a meeting with each tenant to ensure that they understand all policies and restrictions that affect their relocation assistance eligibility and benefits and collect any missing information. The more you verify in this meeting, the more likely that your documents will be complete and accurate and the faster you can provide assistance funds and help the tenant move. You may want to consider downloading a publication from the US Department of Transportation entitled "Your Rights and Benefits as a Displaced Person." This publication is intended for public distribution and helps tenants understand their rights and responsibilities with regard to relocation benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act. You can download this publication from the Federal Highway Administration's website: hrq~~//w~«v thwa.dotgov/realestaref rights/inde~.htm1. Once offers have been accepted but prior to closing, work with the State Mitigation Finance Officer to request funds in the amount necessary to pay those owners. Schedule Closing Schedule the closing only after you are sure the funds will be available to disburse to the property owner. If the community has the funds to cover payment before receiving grant funds from the State, then schedule closing at a time convenient for the property 4-12 I M PLE M E N T I N G YOUR P R O J E C T owner and the community representative. Ifthe community is relying on grant funds to cover the acquisition payment, wait until you have received the funds from the State. Mail or distribute a 30-Day Notice to Vacate to tenants, as appropriate. ~,,, ,.~.' a . . ~ e.. ,.. ~. The community pays fair and reasonable costs normally associated with a real estate closing, including costs of tide transfer, recording fees, transfer taxes, and evidence of title and legal description. The property owner is responsible for recording fees necessary to clear existing mortgages, liens, and encumbrances from the deed as well as past or present property taxes. Also during the closing, obtain final evidence of title showing the community as owner of the property, including documentation of a recording with the county recorder of deeds. This should be added to the property owner's file. 'y '.'~ 1...f '-.. ~ x Once the community has taken possession of the property, make certain that structures remaining on the property are secured and that all utilities are disconnected. Post signs on the property (e.g., "No Trespassing"). Schedule the demolition of the structures as soon as possible. Demolition requires a qualified contractor to: • Remove all aboveground structures • Remove all site improvements • Fill in basements • Remove or cap utilities and septic tanks • Remove and dispose of asbestos Once the demolition has been completed, inspect the cleared land. Congratulations! With demolition complete, you have successfully removed people from harm's way and reduced the financial and emotional costs of a future disaster. If you have maintained good project files, managed your finances properly, and kept your State Mitigation Finance Officer and Mitigation Project Officer appraised of changes, you have already taken the first steps toward grant closeout. Closeout is the process of officially "closing the books" on your community's property acquisition 4-13 IMPLEMENTING YOUR P R O J E C T project. Closing out a project grant does not affect FEMA's right to disallow costs and recover funds on the basis of a later audit or review or your community's obligation to return any funds due as a result of later refunds, corrections, or other transactions. Your assigned State Mitigation Project Officer and the State Mitigation Finance Officer will schedule a closeout meeting with you. You will be required to submit documents and information to FEMA through the State. Examples of this include: • Final Status and Financial Reports • Closing Documents (e.g., HUD Statement) • Certification of Completion • A photograph of the property site after project implementation • A copy of the recorded deed and attached deed restrictions for the property • Latitude and Longitude coordinates for the property • Completed Signed Statement of Voluntary Transaction from each property owner. Make sure that you have requested final funds, or returned unused funds, as applicable. Be sure to retain files for at least three years after receipt of the closeout letter from the State Mitigation Finance Officer. 4-7 4 MANAGING YOUR GREEN S P A C E _ ~ , L:. .. ederal law requires that property acquired under the HMGP must be maintained in perpetuity as green space and that all uses of that property are consistent with natural floodplain functions. This does not mean that the land cannot be used for anything, only that the use and management of it must be carefully considered and planned. Allowable Uses for Acquired Property The list below is intended as a guide that addresses typical uses. Your community should review every situation using the regulations, open space intent, and floodplain management principles. The local floodplain administrator should review all proposed uses of acquired floodplain land. Generally allowable uses include: • Vegetative site stabilization, agricultural cultivation, and grazing • Simple structures used exclusively for agricultural purposes in connection with the production, harvesting, storage, drying and raising of certain agricultural commodities, to include livestock, such as a pole-frame building (any structure cannot be of a nature that would make it eligible for insurance under the NFIP), and steel grain bins and steel-frame corn cribs • Public picnic shelters, pavilions and gazebos, with associated foundations, provided that the structure does not contain walls • Public rest rooms (these are the only walled and roofed buildings allowed) • Small-scale recreational courts, ball fields, golf courses, and bike and walking paths • Installation of signs (when designed not to trap debris) 5-7 MANAGING YOUR GREEN S P A C E • Camping, except where adequate warning time is not available to allow evacuation • Unimproved, unpaved parking consistent with open space uses • Unpaved access roads, driveways, camping pads (limited to those necessary to serve the acceptable uses on acquired property). Existing paved roads can be reused for these purposes. • Small boat ramps, piers, and docks to serve public recreational uses • Drainage facilities intended to service on-site needs • Sewer, water, and power to serve allowable uses. Sewer, water, and power line crossings where there is no floodway obstruction created and there are no other readily available locations for these systems • Construction activities, excavation, and other minor water control structures necessary to create areas for water detention/retention including wetlands restoration or restoration of a natural floodplain floodwater storage function • Community farm or garden • Wildlife refuge, bird sanctuary, or environmental and ecological education center Re-use of existing paved surfaces for recreational uses on the acquired property consistent with allowable uses is generally acceptable; however, paved surfaces beyond those directly acquired for such uses should be removed. Otherwise, communities must use unpaved surfaces allowing for natural floodplain functions where feasible for allowable uses, particularly trails. Examples include grass, hard-packed earth, and graded gravel. Communities may creatively salvage pre-existing structures on acquired property. In some cases, the complete demolition of an existing structure may not be necessary; it may be possible to convert aclosed-in structure with walls, such as a house, into an open picnic pavilion with a concrete slab floor and posts supporting the roof. All costs related to management and maintenance of the acquired property are the responsibility of the community and are not allowable project costs under the grant. Unallowable Uses for Acquired Properly • The construction of flood damage reduction levees, dikes, berms, or floodwalls • Walled buildings or manufactured home, except public restrooms 5-2 MANAGING YOUR GREEN S P A C E • Reuse ofpre-existing structures, unless all walls are removed • Fences or other obstructions in the floodway. Fences outside of the floodway must be designed to minimize the trapping of debris • Cemeteries, landfills, storage of hazardous or toxic materials, or other uses that are considered environmentally contaminating, dangerous, or a safety hazard • Storage of inventory supporting a commercial operation or government facility, including wheeled vehicles or moveable equipment • Placement of fill, except where necessary to avoid impacting on-site archeological resources • Installation of septic systems or reuse of pre-existing septic systems, except to service a permissible public rest room • Pumping and switching stations • Above- or below-ground storage tanks • Paved roads, highways, bridges, and paved parking. Paved parking includes asphalt, concrete, oil treated soil, or other material that inhibits floodplain functions • Any use detenniued by the State, FEMA, or FEMA Regional Administrator as inconsistent with the regulations, guidance, or deed restrictions Management and Maintenance Considerations Long-term management of your green space should begin with a management plan. In your plan, you should consider the following areas: • Maintenance. The maintenance required for your green space will depend on the area. For example, wetlands require little or no maintenance, picnic areas require routine trash collection and mowing, restrooms require routine cleaning and re-supply, trails require routine upkeep, and athletic fields require preparation before each season and periodic maintenance throughout the season. Maintenance also should address such issues as cleanup and debris removal after a flood. Consider seasonal differences (e.g., trash collection might be required less often in winter months and on weekdays than in spring and summer and on weekends). 5-3 MANAGING YOUR GREEN S P A C E • Budget. Because your green space is public property, its management becomes part of your community's budget. Oversight and maintenance are the biggest budget items. • Responsibility. Designate responsibility for each management and maintenance task. To minimize public expenditure, consider private sponsorship of areas or fee collection. For example, encourage businesses to "adopt" trails or sections of trails for which they assume maintenance responsibility, partner with scout troops to periodically maintain and clean up designated areas to satisfy badge requirements, charge teams fees to contribute to the upkeep of athletic fields, etc. After you have completed your management plan, ensure that everyone responsible for a management and maintenance activity fully understands that responsibility and the schedule and budget associated with it. Now, enjoy your open space and the benefits it provides! 5-4 GLOSSARY AND ACRONYMS ~+.~ n The definitions and acronyms include those used within the phases of the acquisition process as well as subject matter related words and terms you might hear and see. These definitions are applicable within the context of this handbook and its overall subject matter. Applicant's Authorized Representative Individual to whom the community assigns authority to represent it for the purposes expressly stated in a written document. The community's governing body should name the authorized representative, and both the CEO and named authorized representative should sign the letter granting the authority to the representative. Base Flood Flood having a one percent chance of being equaled or exceeded in any given year; also known as 100-year flood, special hazard area, and special flood hazard area (SFHA) Base Flood Elevation (BFE) Elevation for which there is a one percent chance in any given year that flood levels will equal or exceed it. BFE is determined by statistical analysis of stream-flow records for the watershed and rainfall and runoff characteristics in the general region of the watershed BCA Benefit-cost analysis -please see definition BCR Benefit-cost ratio -please see definition Benefits Future losses and damages prevented by a project GLOSSARY AND ACRONYMS Benefit-Cost Analysis (BCA) FEMA's assessment of project data to determine whether the cost of the project is justified by its benefits; by law, FEMA can fund only those projects whose benefits outweigh its cost, resulting in a benefit- cost ratio greater than 1.0. Benefit-Cost Ratio The result of the BCA; the BCR is determined by dividing the project's benefits by its cost. A BCR equal to or greater than 1.0 indicates that a project is cost-effective. A BCR lower than 1.0 indicates that the project is not cost-effective. BFE Base flood elevation -please see definition Buyout Commonly used synonym for property acquisition CDBG Community Development Block Grant, administered by Housing & Urban Development (HUD) CFR Code of Federal Regulations; 44 CFR applies to the HMGP program Chief Executive Officer (CEO) Official of the community who is charged with the authority to implement and administer laws, ordinances, and regulations for that community Community Any area or political subdivision of a State or Indian tribe or authorized tribal organization that has authority to adopt and enforce floodplain management regulations for the areas within its jurisdictions Community Rating System (CRS) A system whereby NFIP-participating communities axe rated according to their floodplain management and hazard mitigation practices. CRS rewards a community's mitigation efforts by offering property owners discounts on flood insurance premiums based on GLOSSARY AND ACRONYMS the community's rating. Contact the Iowa Department of Natural Resources for more information. CRS Community Rating System - -please see definition DOB Duplication of benefits -please see definition Duplication of Benefits (DOB) FEMA's policy is to prevent the duplication of benefits amount within its own programs (to include NFIP) and with other sources of funds (e.g., other disaster assistance and insurance) for the same purpose. Therefore, FEMA considers such assistance to be advances towards the purchase price of a property and deducts those amounts from the price paid to the property owner. However, FEMA will not deduct benefits for which the property owner can provide receipts showing that the money has been used for its intended purpose (e.g., repairs to a home) EO Executive order Fair Market Value (FMV) The price a property would bring in a competitive and open market; synonymous with market value in the floodplain regulations. For the purposes of property acquisition, FMV is the value a willing buyer would have paid and a willing seller would have sold a property had the disaster not occurred. Federal Emergency Management Agency (FEMA) The federal agency charged with building and supporting the nation's emergency management system. FEMA is involved in all stages of the disaster life cycle, including response, recovery, mitigation, risk reduction, prevention, and preparedness. FEMA Federal Emergency Management Agency -please see definition 3 GLOSSARY AND ACRONYMS FFE First floor elevation -please see definition FHBM Flood hazard boundary map -please see definition FIRM Flood insurance rate map -please see definition First Floor Elevation (FFE) Elevation of the top of the lowest finished floor of a structure Five-Hundred-Year Floodplain The area, including the base floodplain, that is subject to inundation from a flood having a 0.2 percent chance of being equaled or exceeded in any given year Flood or Flooding A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland and/or tidal waters, and/or the unusual and rapid accumulation or runoff of surface waters from any source Flood Hazard Boundary Map (FHBM) Official map of a community where the boundaries of flood-related erosion areas having special hazards that have been designated as zones A, M, and/or E Flood Insurance Rate Map (FIRM) Official map of a community delineating both the special hazard areas and the risk-premium zones applicable to that community Floodplain or Flood-Prone Area Any land area susceptible to being inundated by water from any source 4 GLOSSARY AND ACRONYMS Floodplain Management Overall program of corrective and preventive measures for reducing flood damage, including but not limited to, emergency preparedness plans, flood control works, and floodplain management regulations Floodplain Management Regulations Zoning ordinances, subdivision regulations, building codes, health regulations, special-purpose ordinances (such as floodplain, grading, and erosion control ordinances), and other state and local regulations that provide standards of flood damage prevention and reduction Flood-Proofing Any combination of structural and non-structural additions, changes, or adjustments to structures that reduce or eliminate flood damages to the structures and their contents Floodway Portion of a floodway that is effective in carrying flow and where the flood hazard generally is highest FMV Fair market value -please see definition Freeboard Factor of safety usually expressed in feet above a flood level for purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect or urbanization of the watershed Grant Award of financial assistance Grantee Government entity to which FEMA awards a grant and which is accountable for the use of awarded funds; under HMGP, the State is the grantee 5 GLOSSARY AND ACRONYMS Hazard Mitigation Any action taken to reduce or eliminate the long-term risk to life and property from natural disasters Hazard Mitigation Grant Program (HMGP) Post-disaster grant program to provide funding for applicable hazard mitigation measures to reduce or eliminate the long-term risk of natural disasters Historic Structure Any structure that is: • listed or is eligible for listing in the National Register of Historic Places • determined by the Secretary of the Interior as contributing to the historical significance of a registered or qualifying historic district • listed on a state inventory of historic places in states that have historic preservation programs approved by the Secretary of the Interior • listed on a local inventory of historic places in communities that have historic preservation programs that have been certified either by the state or the Secretary of the Interior HMGP Hazard mitigation grant program -please see definition HUD U.S. Department of Housing & Urban Development, which administers the CDBG program ICC Increased cost of compliance -please see definition IHP Individuals and Households Program through FEMA's Human Services Branch Increased Cost of Compliance (ICC) A claim under a standard flood insurance policy. When a structure covered by a standard flood insurance policy under the NFIP 6 GLOSSARY AND ACRONYMS sustains a flood loss and is declared to be substantially or repetitively damaged, ICC helps pay the property owner for the cost of mitigation measures, including demolition and structure relocation, up to $30,000. ICC claims apply to structures only. FEMA 301, Increased Cost of Compliance Coverage, provides information for local floodplain management officials on how flood-damaged buildings insured under the National Flood Insurance Program will benefit from this coverage. Level of Lowest Floor Elevation of the top of the lowest finished floor of a structure; also known as the first floor elevation LMI Low to moderate income National Flood Insurance Program (NFIP) Program authorized by the National Flood Insurance Act of 1968 to provide flood insurance protection to property owners in flood- prone areas NEPA National Environmental Policy Act NFIP National Flood Insurance Program administered by States and FEMA NFIP-Eligible or -Participating Community Community for which the sale of flood insurance under the NFIP has been authorized POC Point of contact PSA Public service announcement GLOSSARY AND ACRONYMS Regulatory Floodway Channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height Repetitive Loss A structure that has sustained flood damage on more than one occasion has sustained repetitive loss Riverine Relating to, formed by, or resembling a river (to include tributaries), streams, brooks, etc. SBA U.S. Small Business Administration SHMO State Hazard Mitigation Officer -please see definition Special Flood Hazard Area (SFHA) The land in the floodplain within a community subject to a one- percent or greater chance of flooding in any given year; it might be designated at Zone A on a FHBM State Hazard Mitigation Officer (SHMO) Representative of state government who is primary point of contact with FEMA, other federal agencies, and local units of government in the planning and implementation of mitigation programs and activities required under the Stafford Act Structure A walled and roofed building, including a mobile home or a storage tank for gas or liquid that is principally above ground Substantial Damage Damage sustained by a structure during a disaster whereby the cost of restoring the structure to its pre-disaster state would equal or exceed 50% of its pre-disaster market value. FEMA 311, Guidance on Estimated Substantial Damage, provides detailed information to State GLOSSARY AND ACRONYMS and local floodplain management officials on how to calculate substantial damage in accordance with the National Flood Insurance Program regulations. FEMA 311 also includes software that performs necessary calculations. Substantial Improvement Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of the construction of the tmprovement Sub-grant Award of financial assistance under a grant by a grantee Sub-grantee Government or other legal entity to which asub-grant is awarded and which is accountable to the grantee for the use of funds awarded; under the HMGP, the community is sub-grantee URA Uniform Relocation Assistance and Real Property Acquisition Policies Act USACE U.S. Army Corp of Engineers 9 APPEND 1 X A ,- ~ ,. V. V 44 CFR Parts 9 and 10 Part 9 of 44 CFR implements and enforces Executive Orders (EOs) 11988, Floodplain Management, and 11990, Protection of Wetlands. In support of the EOs and the National Environmental Policy Act (NEPA) of 1969, FEMA: • Avoids any adverse impact associated with the development or modification of floodplains and the destruction or modification of wetlands • Does not support development on floodplains and in wetlands if a practicable alternative exists and generally minimizes the destruction, loss, or degradation of wetlands • Reduces the risk of flood loss and minimizes the impact of floods on human health, safety, and welfare • Promotes nonstructural flood protection methods to reduce the risk of flood loss • Restores and preserves the natural and beneficial values served by floodplains • Preserves and enhances the natural values wetlands • Involves the public throughout the floodplain management and wetlands protection decision-making process Part 10 further supports the NEPA by ensuring that FEMA and any recipient of FEMA funds take care to: • Evaluate effects of actions on the environment • Protect, restore, and enhance the quality of the environment • Avoid or minimize negative impacts on the environment • Preserve historic, cultural, and natural aspects of our national heritage and diversity 7 APPENDIX A To this end, FEMA conducts environmental reviews of the projects it funds to determine their impact on the environment. Exempt from extensive review under NEPA are projects that FEMA may deteiYnine to have: • Minimal or no effect on environmental quality • No significant change to existing environmental conditions • No significant cumulative environmental impact What do 44 CFR Parts 9 and 10 mean to my community? They are meaningful in three ways: • FEMA must determine whether or not an environmental review is necessary and to what extent one is necessary. Therefore, provide enough information in your application for FEMA to make that detenivnation. This handbook and your State Mitigation Project Officer will help you do that. Barring extraordinary circumstances, a property acquisition project typically has a positive impact on the environment and is exempt from the requirement for a more lengthy environmental assessment under NEPA. • FEMA also is required to comply with the requirements of other laws, including, but not limited to, those governing historic buildings, archeological resources, and hazardous and toxic materials. You will be asked to provide specific information and assist researching these issues. • You must keep the members of your community involved by keeping them informed. You can do this through public fonuns, such as public announcements and public meetings. Furthermore, you must give the public opportunities to express their opinions though surveys, public meetings, etc. Again, following the advice in this handbook will help you meet this requirement. 2 APPENDIX B yp -~ N °, a .ll ii~ ~ i.; k u ~ .:i Authority: Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 through 5206; the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4001 et .req. ;Reorganization Plan No. 3 of 1978, 43 FR 41943, 3 CFR, 1978 Comp., p. 329; Homeland Security Act of 2002, 6 U.S.C. 101; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376; E.O. 12148, 44 FR 43239, 3 CFR, 1979 Comp., p. 412; E.O. 13286, 68 FR 10619, 3 CFR, 2003 Comp., p. 166. Subpart A-General ~ 80.1 Purpose and scope. This part provides guidance on the administration of FEMA mitigation assistance for projects to acquire property for open space purposes under all FEMA hazard mitigation assistance programs. It provides information on the eligibility and procedures for implementing projects for acquisition and relocation of at-risk properties from the hazard area to maintain the property for open space purposes. This part applies to property acquisition for open space project awards made under any FEMA hazard mitigation assistance program. This part supplements general program requirements of the funding grant program and must be read in conjunction with the relevant program regulations and guidance available at http://mwwfemagov .This part, with the exception of X80.19 Land use and oversight, applies to projects for which the funding program application period opens or for which funding is made available pursuant to a major disaster declared on or after December 3, 2007. Prior to that date, applicable program regulations and guidance in effect for the funding program (available at http://avavmfema.gov) shall apply. Section 80.19 Land use and oversight apply as of December 3, 2007 to all FEMA funded acquisitions for the purpose of open space. ~ 80.3 Definitions. (a) Except as noted in this part, the definitions applicable to the funding program apply to implementation of this part. In addition, for purposes of this part: (b) Applicant is the State or Indian tribal government applying to FEMA for a grant, and which will be accountable for the use of the funds. (c) Grantee means the State or Indian tribal government to which FEMA awards a grant and which is accountable for the use of the funds provided. The grantee is the entire legal entity, even if only a particular component of the entity is designated in the grant award document. (d) Market Value is generally defined as the amount in cash, or on terms reasonably equivalent to cash, for which in all probability the property would have sold on the effective date of the valuation, after a reasonable exposure time on the open competitive market, from a willing and reasonably knowledgeable seller to a willing and reasonably knowledgeable APPENDIX B buyer, with neither acting under any compulsion to buy or sell, giving due consideration to all available economic uses of the property at the time of the valuation. (e) National of the United Stater means a person within the meaning of the term as defined in the Immigration and Nationality Act, 8 U.S.C. section 1101(a)(22). (f) Purchase offer is the initial value assigned to the property, which is later adjusted by applicable additions and deductions, resulting in a final offer amount to a property owner. (g) ~ualified alzen means a person within the meaning of the term as defined at 8 U.S.C. 1641. (h) "Qualified conservation organization" means a qualified organization with a conservation purpose pursuant to 26 CFR 1.170A-14 and applicable implementing regulations, that is such an organization at the time it acquires the property interest and that was such an organization at the time of the major disaster declaration, or for at least 2 years prior to the opening of the grant application period. (i) Subapph'cant means the entity that submits an application for FEMA mitigation assistance to the State or Indian tribal applicant/grantee. With respect to open space acquisition projects under the Hazard Mitigation Grant Program (HMGP), this term has the same meaning as given to the term "applicant" in part 206, subpart N of this chapter. Upon grant award, the subapplicant is referred to as the subgrantee. (j) Subgrant means an award of financial assistance made under a grantee to an eligible subgrantee. (k) subgrantee means the State agency, community, or Indian tribal government or other legal entity to which a Subgrant is awarded and which is accountable to the grantee for the use of the funds provided. (1) Administrator means the head of the Federal Emergency Management Agency, or his/her designated representative, appointed under section 503 of the Post-Katrina Emergency Management Reform Act of 2006 (Pub. L. 109-295). The term also refers to the Director as discussed in part 2 of this chapter. (m) RegionalAdministratormeans the head of a Federal Emergency Management Agency regional office, or his/her designated representative, appointed under section 507 of the Post-Katrina Emergenry Management Reform Act of 2006 (Pub. L. 109-295). The term also refers to Regional Directors as discussed in part 2 of this chapter. ~ 80.5 Roles and responsibilities. The roles and responsibilities of FEMA, the State, the subapplicant/subgrantee, and participating property owners in the particular context of mitigation projects for the purpose of creating open space include the activities in this section. These are in addition to grants management roles and responsibilities identified in regulations and guidance of the program funding the project (available at http://mww.femagov) and other responsibilities specified in this part. (a) Federal roles and responsibilities. Oversee property acquisition activities undertaken under FEMA mitigation grant programs, including: (1) Providing technical assistance to the applicant/grantee to assist in implementing project activities in compliance with this part; 2 APPENDIX B (2) Reviewing applications for eligibility and compliance with this part; (3) Reviewing proposals for subsequent transfer of a property interest and approving appropriate transferees; (4) Making determinations on the compatibility of proposed uses with the open space purpose, in accordance with X80.19; (5) Complying with applicable Federal statutory, regulatory, and Executive Order requirements related to environmental and historic preservation compliance, including reviewing and supplementing, if necessary, environmental analyses conducted by the State and subgrantee in accordance with part 10 of this chapter; (6) Providing no Federal disaster assistance, flood insurance claims payments, or other FEIVZA assistance with respect to the property or any open-space related improvements, after the property interest transfers; and (7) Enforcing the requirements of this part and the deed restrictions to ensure that the property remains in open space use in perpetuity. (b) State (applicant/grantee roles and rerponribilitie.r. Serve as the point of contact for all property acquisition activities by coordinating with the subapplicant/subgrantee and with FEMA to ensure that the project is implemented in compliance with this part, including: (1) Providing technical assistance to the subapplicant/subgrantee to assist in implementing project activities in compliance with this part; (2) Ensuring that applications are not framed in a manner that has the effect of circumventing any requirements of this part; (3) Reviewing the application to ensure that the proposed activity complies with this part, including ensuring that the property acquisition activities remain voluntary in nature, and that the subgrantee and property owners are made aware of such; (4) Submitting to FEMA subapplications for proposed projects in accordance with the respective program schedule and programmatic requirements, and including all the requisite information to enable FEMA to determine the eligibility, technical feasibility, cost effectiveness, and environmental and historic preservation compliance of the proposed projects; (5) Reviewing proposals for subsequent transfer of property interest and obtaining FEMA approval of such transfers; and ensuring that all uses proposed for the property are compatible with open space project purposes; (6) Making no application for, nor providing, Federal disaster assistance or other FEMA assistance for the property or any open-space related improvements, after the property interest transfers; (7) Enforcing the terms of this part and the deed restrictions to ensure that the property remains in open space use in perpetuity; and (8) Reporting on property compliance with the open space requirements after the grant is awarded. APPEND 1 X B (c) Subaj~pkcant/subgrantee rller and re.rponribi/ztie.r. Coordinate with the applicant/grantee and with the property owners to ensure that the project is implemented in compliance with this part, including: (1) Submitting all applications for proposed projects in accordance with the respective program schedule and programmatic requirements, and including all the requisite information to enable the applicant/grantee and FEMA to determine the eligibility, technical feasibility, cost effectiveness, and environmental and historic preservation compliance of the proposed projects; (2) Ensuring that applications are not framed in a manner that has the effect of circumventing any requirements of this part; (3) Coordinating with the property owners to ensure they understand the benefits and responsibilities of participating in the project, including that participation in the project is voluntary, and that the property owner(s) are made aware of such; (4) Developing the application and implementing property acquisition acrlvtues to compliance with this part, and ensuring that all terms of the deed restrictions and grant award are enforced; (5) Ensuring fair procedures and processes are in place to compensate property owners and tenants affected by the purchase of property; such as determining property values and/or the amount of the mitigation offer, and reviewing property owner disputes regarding such offers; (6) Making no application for Federal disaster assistance, flood insurance, or other FEi~1r1 benefits for the property or any open-space related improvements, after the property interest transfers; (7) Taking and retaining full property interest, consistent with this part; or if transferring such interest, obtaining approval of the grantee and FEMA; (8) Submitting to the grantee and FEIVIA proposed uses on the property for open space compatibility determinations; and (9) Monitoring and reporting on property compliance after the grant is awarded (d) Participatingpmperty oavner roles and re.rponribiktier. Notify the subapplicant/subgrantee of its interest to participate, provide information to the subapplicant/subgrantee, and take all required actions necessary for the completion of the grant application and the implementation of property acquisition activities in accordance with this part. Subpart B-Requirements Prior to Award ~ 80.7 General. A project involving property acquisition or the relocation of structures for open space is eligible for hazard mitigation assistance only if the subapplicant meets the pre-award requirements set forth in this subpart. A project may not be framed in a manner that has the effect of circumventing the requirements of this subpart. ~ 80.9 Eligible and ineligible costs. 4 APPENDIX B (a) Allowable contr. Eligible project costs may include compensation for the value of structures, for their relocation or demolition, for associated land, and associated costs. For land that is already held by an eligible entity, compensation for the land is not an allowable cost, but compensation for development rights may be allowable. (b) Pre-award contr. FEMA may fund eligible pre-award project costs at its discretion and as funds are available. Grantees and subgrantees maybe reimbursed for eligible pre-award costs for activities directly related to the development of the project proposal. These costs can only be incurred during the open application period of the respective grant program. Costs associated with implementation of the project but incurred prior to grant award are not eligible. Therefore, activities where implementation is initiated or completed prior to award are not eligible and will not be reimbursed. (c) Duplication of benefits. Grant funds may not duplicate benefits received by or available to applicants, subapplicants and other project participants from insurance, other assistance programs, legal awards, or any other source to address the same purpose. Such individual or entity must notify the subapplicant and FEMA of all benefits that it receives, anticipates, or has available from other sources for the same purpose. FEMA will reduce the subgrant award by the amounts available for the same purpose from another source. (d) Negligence or other tortious conduct. FEMA acquisition funds are not available where an applicant, subapplicant, other project participant, or third parry's negligence or intentional actions contributed to the conditions to be mitigated. If the applicant, subapplicant, or project participant suspects negligence or other tortious conduct by a third party for causing such condition, they are responsible for taking all reasonable steps to recover all costs attributable to the tortious conduct of the third parry. FEMA generally considers such amounts to be duplicated benefits available for the same purpose, and will treat them consistent with paragraph (c) of this section. (e) FEMA mitigation grant funds are not available to satisfy or reimburse for legal obligations, such as those imposed by a legal settlement, court order, or State law. ~ 80.11 Project eligibility. (a) T/oluntaryparticipation. Eligible acquisition projects are those where the property owner participates voluntarily, and the grantee/subgrantee will not use its eminent domain authority to acquire the property for the open space purposes should negotiations fail. (b) Acquisition of improved properties. Eligible properties are those with at-risk structures on the property, including those that are damaged or destroyed due to an event. In some cases, undeveloped, at-risk land adjacent to an eligible property with existing structures may be eligible. (c) Subdivision restrictions. The land may not be subdivided prior to acquisition except for portions outside the identified hazard area, such as the Special Flood Hazard Area or any risk zone identified by FENIA. (d) subapplicant properly interest. To be eligible, the subapplicant must acquire or retain fee title (full property interest) as part of the project implementation. Apass through of funds from an eligible entity to an ineligible entity must not occur. (e) Hazardous materials. Eligible properties include only those that are not contaminated with hazardous materials, except for incidental demolition and household hazardous waste. 5 APPENDIX B (f) Open space restrictions. Property acquired or from which a structure is removed must be dedicated to and maintained as open space in perpetuity consistent with this part. ~ 80.13 Application information. (a) An application for acquisition of property for the purpose of open space must include: (1) A photograph that represents the appearance of each property site at the time of application; (2) Assurances that the subapplicant will implement the project grant award in compliance with subparts C and D of this part; (3) The deed restriction language, which shall be consistent with the FEMA model deed restriction that the local government will record with the property deeds. Any variation from the model deed restriction language can only be made with prior approval from FEMA's Office of General Counsel; (4) The documentation of voluntary interest signed by each property owner, which must include that the subapplicant has informed them in writing that it will not use its eminent domain authority for the open space purpose; and (5) Assurance that the subject property is not part of an intended, planned, or designated project area for which the land is to be acquired by a certain date, and that local and State governments have no intention to use the property for any public or private facility in the future inconsistent with this part; (6) If the applicant is offering pre-event value: certification that the property owner is a National of the United States or qualified alien; and (7) Other information as determined by the Administrator. (b) Consultation regarding other ongoing Federal activities. (1) The subapplicant must demonstrate that it has consulted with the United States Army Corps of Engineers (USAGE) regarding the subject land's potential future use for the construction of a levee system. The subapplicant must also demonstrate that it has, and will, reject any future consideration of such use if it accepts FEMA assistance to convert the property to permanent open space. (2) The subapplicant must demonstrate that it has coordinated with its State Department of Transportation to ensure that no future, planned modifications, improvements, or enhancements to Federal aid systems are under consideration that will affect the subject property. (c) Kestriction on alternate properties. Changes to the properties in an approved mitigation project will be considered by FEMA but not approved automatically. The subapplicant must identify the alternate properties in the project application and each alternate property must meet eligibility requirements in order to be considered. Subpart C-Post-Award Requirements ~ 80.15 General. 6 APPEND 1 X B A project involving property acquisition or the relocation of structures for open space must be implemented consistent with the requirements set forth in this subpart. ~ 80.17 Project implementation. (a) Haiardour materials. The subgrantee shall take steps to ensure it does not acquire or include in the project properties contaminated with hazardous materials by seeking information from property owners and from other sources on the use and presence of contaminants affecting the property from owners of properties that are or were industrial or commercial, or adjacent to such. A contaminated property must be certified clean prior to participation. This excludes permitted disposal of incidental demolition and household hazardous wastes. FEMA mitigation grant funds may not be used for clean up or remediation of contaminated properties. (b) Clear title. The subgrantee will obtain a title insurance policy demonstrating that fee title conveys to the subgrantee for each property to ensure that it acquires only a property with clear title. The property interest generally must transfer by a general warranty deed. Any incompatible easements or other encumbrances to the property must be extinguished before acquisition. (c) Purchase o~erand .rupplementalpaymentr. (1) The amount of purchase offer is the current market value of the property or the market value of the property immediately before the relevant event affecting the property ("pre-event"). (i) The relevant event for Robert T. Stafford Disaster Relief and Emergency Assistance Act assistance under HMGP is the major disaster under which funds are available; for assistance under the Pre-disaster Mitigation program (PDM) (42 U.S.C. 5133), it is the most recent major disaster. Where multiple disasters have affected the same property, the grantee and subgrantee shall determine which is the relevant event. (ii) The relevant event for assistance under the National Flood Insurance Act is the most recent event resulting in a National Flood Insurance Program (NFIP) claim of at least $5000. (2) For acquisition of properties under the Severe Repetitive Loss program under part 79 of this subchapter, the purchase offer is not less than the greatest of the amount in paragraph (c)(1) of this section; the original purchase price paid by the participating property owner holding the flood insurance policy; or the outstanding amount of any loan to the participating property owner, which is secured by a recorded interest in the property at the time of the purchase offer. (3) The grantee should coordinate with the subgrantee in their determination of whether the valuation should be based on pre-event or current market value. Generally, the same method to determine market value should be used for all participants in the project. (4) A property owner who did not own the property at the time of the relevant event, or who is not a National of the United States or qualified alien, is not eligible for a purchase offer based on pre-event market value of the property. Subgrantees will ask each participating property owner to certify that they are either a National of the United States or qualified alien before offering pre-event market value for the property. (5) Certain tenants who must relocate as a result of the project are entitled to relocation benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act (such as moving expenses, replacement housing rental payments, and relocation assistance advisory services) in accordance with 49 CFR part 24. APPENDIX B (6) If a purchase offer for a residential property is less than the cost of the homeowner- occupant to purchase a comparable replacement dwelling outside the hazard-prone area in the same community, the subgrantee for funding under the Severe Repetitive Loss program implemented at part 79 of this subchapter shall make available a supplemental payment to the homeowner-occupant to apply to the difference. Subgrantees for other mitigation grant programs may make such a payment available in accordance with criteria determined by the Administrator. (7) The subgrantee must inform each property owner, in writing, of what it considers to be the market value of the property, the method of valuation and basis for the purchase offer, and the final offer amount. The offer will also clearly state that the property owner's participation in the project is voluntary. (d) Removal of Existing Buildings. Existing incompatible facilities must be removed by demolition or by relocation outside of the hazard area within 90 days of settlement of the property transaction. The FEMA Regional Administrator may grant an exception to this deadline only for a particular property based upon written justification if extenuating circumstances exist, but shall specify a final date for removal. (e) Deed Restriction. The subgrantee, upon settlement of the property transaction, shall record with the deed of the subject property notice of applicable land use restrictions and related procedures described in this part, consistent with FEMA model deed restriction language. ~ 80.19 Land use and oversight. This section applies to acquisitions for open space projects to address flood hazards. If the Administrator determines to mitigate in other circumstances, he/she will adapt the provisions of this section as appropriate. (a) Open space requirements. The property shall be dedicated and maintained in perpetuity as open space for the conservation of natural floodplain functions. (1) These uses may include: Parks for outdoor recreational activities; wetlands management; nature reserves; cultivation; grazing; camping (except where adequate warning time is not available to allow evacuation); unimproved, unpaved parking lots; buffer zones; and other uses FEMA determines compatible with this part. (i) Allowable uses generally do not include: Walled buildings, levees, dikes, or floodwalls, paved roads, highways, bridges, cemeteries, landfills, storage of any hazardous or toxic materials, above or below ground pumping and switching stations, above or below ground storage tanks, paved parking, off-site fill or other uses that obstruct the natural and beneficial functions of the floodplain. (ii) In the rare circumstances where the Administrator has determined competing Federal interests were unavoidable and has analyzed floodplain impacts for compliance with X60.3 of this subchapter or higher standards, the Administrator may find only USACE projects recognized by FEMA in 2000 and improvements to pre-existing Federal-aid transportation systems to be allowable uses. (2) No new structures or improvements will be built on the property except as indicated below: (i) A public facility that is open on all sides and functionally related to a designated open space or recreational use; 8 APPENDIX B (ii) A public restroom; or (iii) A structure that is compatible with open space and conserves the natural function of the floodplain, which the Administrator approves in writing before the construction of the structure begins. (3) Any improvements on the property shall be in accordance with proper floodplain management policies and practices. Structures built on the property according to paragraph (a)(2) of this section shall be floodproofed or elevated to at least the base flood level plus 1 foot of freeboard, or greater, if required by FEMA, or if required by any State or local ordinance, and in accordance with criteria established by the Administrator. (4) After the date of property settlement, no Federal entity or source may provide disaster assistance for any purpose with respect to the property, nor may any application for such assistance be made to any Federal entity or source. (5) The property is not eligible for coverage under the NFIP for damage to structures on the property occurring after the date of the property settlement, except for pre-existing structures being relocated off the property as a result of the project. (b) Subsequent trap fer. After acquiring the property interest, the subgrantee, including successors in interest, shall convey any interest in the property only if the Regional Administrator, through the State, gives prior written approval of the transferee in accordance with this paragraph. (1) The request by the subgrantee, through the State, to the Regional Administrator must include a signed statement from the proposed transferee that it acknowledges and agrees to be bound by the terms of this section, and documentation of its status as a qualified conservation organization if applicable. (2) The subgrantee may convey a property interest only to a public entity or to a qualified conservation organization. However, the subgrantee may convey an easement or lease to a private individual or entity for purposes compatible with the uses described in paragraph (a), of this section, with the prior approval of the Regional Administrator, and so long as the conveyance does not include authority to control and enforce the terms and conditions of this section. (3) If title to the property is transferred to a public entity other than one with a conservation mission, it must be conveyed subject to a conservation easement that shall be recorded with the deed and shall incorporate all terms and conditions set forth in this section, including the easement holder's responsibility to enforce the easement. This shall be accomplished by one of the following means: (i) The subgrantee shall convey, in accordance with this paragraph, a conservation easement to an entity other than the title holder, which shall be recorded with the deed, or (ii) At the time of title transfer, the subgrantee shall retain such conservation easement, and record it with the deed. (4) Conveyance of any property interest must reference and incorporate the original deed restrictions providing notice of the conditions in this section and must incorporate a provision for the property interest to revert to the subgrantee or grantee in the event that the transferee ceases to exist or loses its eligible status under this section. APPENDIX B (c) Inspection. FEMA, its representatives and assigns, including the grantee shall have the right to enter upon the property, at reasonable times and with reasonable notice, for the purpose of inspecting the property to ensure compliance with the terms of this part, the property conveyance and of the grant award. (d) Monitoring and reporting. Every 3 years the subgrantee (in coordination with any current successor in interest) through the grantee, shall submit to the FEMA Regional Administrator a report certifying that the subgrantee has inspected the property within the month preceding the report, and that the property continues to be maintained consistent with the provisions of this part, the property conveyance and the grant award. (e) Enforcement. The subgrantee, grantee, FEMA, and their respective representatives, successors and assigns, are responsible for taking measures to bring the property back into compliance if the property is not maintained according to the terms of this part, the conveyance, and the grant award. The relative rights and responsibilities of FE1~IA, the grantee, the subgrantee, and subsequent holders of the property interest at the time of enforcement, shall include the following: (1) The grantee will notify the subgrantee and any current holder of the property interest in writing and advise them that they have 60 days to correct the violation. (i) If the subgrantee or any current holder of the property interest fails to demonstrate a good faith effort to come into compliance with the terms of the grant within the 60-day period, the grantee shall enforce the terms of the grant by taking any measures it deems appropriate, including but not limited to bringing an action at law or in equity in a court of competent jurisdiction. (ii) FEMA, its representatives, and assignees may enforce the terms of the grant by taking any measures it deems appropriate, including but not limited to 1 or more of the following: (A) Withholding FEMA mitigation awards or assistance from the State and subgrantee; and current holder of the property interest. (B) Requiring transfer of title. The subgrantee or the current holder of the property interest shall bear the costs of bringing the property back into compliance with the terms of the grant; or (C) Bringing an action at law or in equity in a court of competent jurisdiction against any or all of the following parties: the grantee, the subgrantee, and their respective successors. Subpart D-After the Grant Requirements ~ 80.21 Closeout requirements. Upon closeout of the grant, the subgrantee, through the grantee, shall provide FEMA, with the following: (a) A copy of the deed recorded for each property, demonstrating that each property approved in the original application was mitigated and that the deed restrictions recorded are consistent with the FEMA model deed restriction language to meet the requirements of this part; (b) A photo of each property site after project completion; 10 APPEND 1 X B (c) The latitude-longitude coordinates of each property site; (d) Identification of each property as a repetitive loss property, if applicable; and (e) Other information as determined by the Administrator. 11 B C- 9 M E M O Federal Emergency Management Agency Washington, D.C. 20472 MEMORANDUM FOR: Regional Directors Regions I-X ATTENTION: Mitigation Division Directors FROM: Richard W. Krimm Executive Associate Director Mitigation Directorate DATE: 27-SEP-96 SUBJECT: Benefit/Cost Policy Guidance on the Purchase of Structures Located in Regulatory Riverine Fooodways and Floodplains in the Hazard Mitigation Grant Program This memorandum provides benefit/cost guidance for purchasing structures located in floodways and floodplains with grants administered by the Hazard Mitigation Grant Program (HMGP). Structures in floodways and floodplains are strong candidates for HMGP grants, particularly if the cost of restoring a damaged structure equals or exceeds 50 percent of the market value of the structure. Moreover, structures in floodways not meeting the 50 percent damage threshold are candidates for purchase if the cost of restoration is more than the market value of the structure. The criteria for approving grants to purchase structures in floodways or floodplains are as follows: The structure under consideration must be: • located in a FEMA identified regulatory floodway or floodplain; and, • be declared substantially damaged by local authority having such jurisdiction, in accordance with criteria promulgated by the National Flood Insurance Program. Structures meeting these criteria are eligible for a grant under the HMPG without further benefit/cost review. The floodway or floodplain must be a FEMA recognized floodway or floodplain. (Note that coastal areas do not have floodways and this memorandum does not apply to structures in coastal areas. In those areas, we will use the standard benefit/cost approach.) Page 1 of 2 Marian Karr From: Ivan Hall, family [ivan@halljrfamily.com] Sent: Tuesday, September 30, 2008 5:58 PM To: "'CLINESALLY@cs.com "' Cc: 'Ivan Hall, family'; Michael Lombardo; Regenia Bailey; Eleanor M. Dilkes; Marian Karr; rsullivan@co.johnson.ia.us; tneuzil@co.johnson.ia.us; Imeyers@co.johnson.ia.us; sstutsma@co.johnson.ia.us; pharney@co.johnson.ia.us; Council; Stephen Long; piyush_udct@yahoo.com; CLINESALLY@cs.com; MJDavidson@aol.com; Craig@transcontinentalcap.com; TMChait@aol.com; nvarney@mac.com; nkbkal@earthlink.net; terrygwinn@mchsi.com; lucyter@msn.com; BILLZAM@aol.com; Ssikkov@aol.com; Newfjman@aol.com; JEHART21 @aol.com; bobirene17@gmail.com; jocunningham288@hotmail.com; ivan.hall@gmail.com; reisetter@gwestoffice.net; naybccm@yahoo.com; rittgolf@mchsi.com; bdrittenmeyer@mchsi.com; mazen- albaghdadi@uiowa.edu; m.hartwig@mchsi.com; smbednarz@msn.com; BIGSHOO@aol.com; lydabrown@mchsi.com;fohn-monick@uiowa.edu; martha-monick@uiowa.edu; welcoon47@yahoo.com; sonali-pate)@uiowa.edu; susan.michaelson@act.org; simondaler@msn.com; mary.stein@act.org; amy-Becker@uiowa.edu; MECrawford@aol.com; susiepappas@hotmail.com; sharonmathieu@hotmail.com; khagen@hotmail.com; DHDLKUM@aol.com; DDSACK@aol.com; KrChpp@aol.com; jas@sbt.net; andrea- birt@uiowa.edu; edarm@hotmail.com; gcraft@earthlink.net; robert-fellows@uiowa.edu; tmtoner@msn.com; PKD317@aol.com; Barb1524@aol.com; loniparrott@hotmail.com; heegan@email.com; slalbaghdadi@mmaclinton.com; gelman@ptmlaw.com; bojabenson@msn.com; tpkuhns@mchsi.com; mary_k_lyman@yahoo.com; tim- vogel@uiowa.edu; eastham@mchsi.com; karenjfox@mchsi.com; Jhnancy@aol.com; damkwall@yahoo.com; CASTLEJZ3@aol.com; ceadams@du.edu; kjlessner@hotmail.com; lessner@wpo.cso.niu.edu; doslip@mchsi.com; nancy-millice@uiowa.edu; margantz@yahoo.com; kurtkimmerling@msn.com; mark.willi2@gmail.com; bjtobs@q.com; vitullo44@yahoo.com; sondag@mchsi.com; edjarm@gmail.com; khagenikr@hotmail.com; bhaggerty24@msn.com; nhaggerty@isbt.com; celeste@bh-builders.com; burghard.schoenfeld@alpla.com; Jessica-mcallister@uiowa.edu; bjwilcox813@gmail.com; jlekirk@yahoo.com; matthew.davis.j@gmail.com; sri-duvvuri@uiowa.edu; j.chiles@tri- anim.com; bellen.46@hotmail.com; ceilbouchet@yahoo.com; gayle-robertson@uiowa.edu; Jeffrey_Ritchie@hillsbank.com; virginia.stamler@gmail.com; mais_albaghdadi@yahoo.com; salbaghdadi@maclinton.com; margaretclancy@mchsi.com; toni-cilek@uiowa.edu; tegen@winebrenner.com; normkall@gmail.com; sikkov@aim.com; babsd3@sbcglobal.net; stanvw@iowatelecom.net; hansen7316@Icom.net; 'Patt Hall, family'; Michael Lombardo; Stephen Long; Jeff Davidson; Eleanor M. Dilkes; Sue Dulek Subject: FW: Information for your meeting Importance: High Attachments: Information for your meeting Thanks Sally, As Mr. Lombardo suggests this information must be published to every homeowner. I believe Idyllwild is being played politically. I thought FEMA states that if any part of a property is in a flood plain then all of it is! See Mr. Longs quote below: Clarification of Listing of Properties in Floodplain Posted by: Community Dev. Originally Posted 9/17/2008 1:47:04 PM After receiving several inquiries, the following paragraph will serve to clarify the listing of properties on the Notice of Intent (NOI): 9/30/2008 Page 2 of 2 The City's Notice of Intent (NOI) includes a list of properties that are in the 100-year floodplain. NOI requirements specify that a property must be included on this list if any portion of the lot is in the floodplain. If your address is on the NOI list, that means that at least a portion of your land is in the 100-year floodplain. If you need further clarification of this issue, please contact Steve Long, Community Development Coordinator, at 319-356- 5250 or b~ou~~owa._ci .org. If Idyllwild is one property then what gives? How can the State take such a convenient position? I thought FEMA set the rules. How do you receive due process in a vacuum like you are in. Is the Governor going to take personal responsibility if Idyllwild floods again! The homeowners should ask him. .Everyone should e-mail the governor and ask him. E-mail him and his staff once a day every day, also call every day. He won't like the phone calls. What is he doing to protect Idyllwild from future flooding? "Who said what needs to published as they say it" so Iowa citizens have a chance to respond. What is next, will the State somehow say Idyllwild is not eligible for reconstruction funds because the units owners make too much money or something else. Is it the Governors plan for Idyllwild to go in debt with SBA loans collectively and individually rather than the State step up with adequate $s. Maybe the only way to get a "fair day in court" is to get a day in court! Ivan Hall's Dad Ivan Hall JR From: CLINESALLY@cs.com [mailto:CLINESALLY@cs.com] Sent: Tuesday, September 30, 2008 5:42 PM To: ivan@halljrfamily.com Subject: Fwd: Information for your meeting Ivan, this is from Michael Lombardo, and addresses the waver Sally Cline Iowa Realty Licensed Realtor in the State of Iowa Cell: 319-331-0270 Direct: 319-887-6321 E-mail: clinesally@cs.com 9/30/2008 Page 1 of 1 Marian Karr From: Michael Lombardo Sent: Tuesday, September 30, 2008 4:03 PM To: CLINESALLY@cs.com Cc: Stephen Long; Jeff Davidson; Eleanor M. Dilkes; Sue Dulek Subject: Information for your meeting Sally -Please share this with your membership at tonight's meeting. This concept of Benefit Cost Analysis (BCA) is critical to the HMGP funding. Under the federal regulations, there are 5 minimum requirements for an HMGP project. One requirement is that the project must be cost effective. In order to be cost effective, it must have a BCA greater than 1.0. The BCA is determined using a computer model approved by FEMA. City staff has performed a BCA analysis on Idyllwild, and the results are less than 0.2 even when exaggerated data is used. Please note that damage to the structure is not one of the variables. The BCA model is available free of charge and if anyone is interested in obtaining their own copy they may do so -information is available on the FEMA website on how to get a copy. In a property acquisition project, a BCA analysis is not required if: a) the structure is in the 100 year flood zone; and b) there is substantial damage to the structure. This is referred to as a "waiver" of the BCA analysis. The State is treating Idyllwild as one property. The State of Iowa has told the City that all Idyllwild structures must be in the 100 year food zone in order to get a BCA waiver. Because not every structure is in the 100 year flood zone, Idyllwild is not eligible for a waiver. If the State changes their position on how this is treated, we will adjust our thinking accordingly. Given that Idyllwild is not eligible for the waiver and that it does not have a BCA analysis over 1.0, Idyllwild is not eligible for the HMGP funds. If in looking forward for alternate solutions and flood mitigation strategies we believe it to be important to share this with property owners. However, if Idyllwild wishes to wait for formal indication from the State with regard to eligibility, then please provide an indication that that is the direction you wish to go in. --Michael. Michael A. Lombardo City Manager 410 E. Washington Street Iowa City, Iowa 52240-1826 319-356-5010 phone 319-356-5009 fax m.ichael-lomba_ rdo...@iovva-city_,_org 9/30/2008 Page 1 of 2 Marian Karr From: Ivan Hall, family [ivan@halljrfamily.com] Sent: Tuesday, September 30, 2008 6:25 PM To: Michael Lombardo; CLINESALLY@cs.com; Stephen Long; Jeff Davidson; Sue Dulek; Eleanor M. Dilkes Cc: Regenia Bailey; Eleanor M. Dilkes; Marian Karr; rsullivan@co.johnson.ia.us; tneuzil@co.johnson.ia.us; Imeyers@co.johnson.ia.us; sstutsma@co.johnson.ia.us; pharney@co.johnson.ia.us; Council; Stephen Long; piyush_udct@yahoo.com; CLINESALLY@cs.com; MJDavidson@aol.com; Craig@transcontinentalcap.com; TMChait@aol.com; nvarney@mac.com; nkbkal@earthlink.net; terrygwinn@mchsi.com; lucyter@msn.com; BILLZAM@aol.com; Ssikkov@aol.com; Newfjman@aol.com; JEHART21 @aol.com; bobirene17@gmail.com; jocunningham288@hotmail.com; ivan.hall@gmail.com; reisetter@gwestoffice.net; naybccm@yahoo.com; rittgolf@mchsi.com; bdrittenmeyer@mchsi.com; mazen-albaghdadi@uiowa.edu; m.hartwig@mchsi.com; smbednarz@msn.com; BIGSHOO@aol.com; lydabrown@mchsi.com; john- monick@uiowa.edu; martha-monick@uiowa.edu; welcoon47@yahoo.com; sonali- patel@uiowa.edu; susan.michaelson@act.org; simondaler@msn.com; mary.stein@act.org; amy-Becker@uiowa.edu; MECrawford@aol.com; susiepappas@hotmail.com; sharonmathieu@hotmail.com; khagen@hotmail.com; DHDLKUM@aol.com; DDSACK@aol.com; KrChpp@aol.com; jas@sbt.net; andrea-birt@uiowa.edu; edarm@hotmail.com; gcraft@earthlink.net; robert-fellows@uiowa.edu; tmtoner@msn.com; PKD317@aol.com; Barb1524@aol.com; loniparrott@hotmail.com; heegan@email.com; slalbaghdadi@mmaclinton.com; gelman@ptmlaw.com; bojabenson@msn.com; tpkuhns@mchsi.com; mary_k_lyman@yahoo.com; tim-vogel@uiowa.edu; eastham@mchsi.com; karenjfox@mchsi.com; Jhnancy@aol.com; damkwall@yahoo.com; CASTLEJZ3@aol.com; ceadams@du.edu; kjlessner@hotmail.com; lessner@wpo.cso.niu.edu; doslip@mchsi.com; nancy-millice@uiowa.edu; margantz@yahoo.com; kurtkimmerling@msn.com; mark.willi2@gmail.com; bjtobs@q.com; vitullo44@yahoo.com; sondag@mchsi.com; edjarm@gmail.com; khagenikr@hotmail.com; bhaggerty24@msn.com; nhaggerty@isbt.com; celeste@bh-builders.com; burghard.schoenfeld@alpla.com; jessica- mcallister@uiowa.edu; bjwilcox813@gmail.com; jlekirk@yahoo.com; matthew.davis.j@gmail.com; sri-duvvuri@uiowa.edu; j.chiles@tri-anim.com; bellen.46@hotmail.com; ceilbouchet@yahoo.com; gayle-robertson@uiowa.edu; Jeffrey_Ritchie@hillsbank.com; virginia.stamler@gmail.com; mais_albaghdadi@yahoo.com; salbaghdadi@maclinton.com; margaretclancy@mchsi.com; toni-cilek@uiowa.edu; tegen@winebrenner.com; normkall@gmail.com; sikkov@aim.com; babsd3@sbcglobal.net; stanvw@iowatelecom.net; hansen7316@Icom.net; 'Patt Hall, family'; Michael Lombardo; Stephen Long; Jeff Davidson; Eleanor M. Dilkes; Michael Lombardo; Sue Dulek Subject: Important questions for Iowa City relative to Idyllwild that must be answered! RE: Information for your meeting Importance: High Who on the proposed Iowa City Buyout list has an acceptable BCA analysis number? What happened to the FEMA consideration for "substantial damage" for "buy out? Who, by name and position at the state, made the determination relative to Idyllwild? Was the Governor informed? What staff options were presented by Iowa City and/or State reps for the options and/or alternatives that lead to the State's Idyllwild position? If the Idyllwild State Idyllwild decision is final, what are the list of financial options you can facilitate for Idyllwild that they qualify for? Did Iowa City Submit a "re-decision request package" to the State on behalf of the Idyllwild Homeowners? Did the Mayor call the Governor on behalf of Idyllwild? Did Iowa City contact FEMA for expert clarification relative to Idyllwild-is this a State and/or Federal policy/legal opinion? I 9/30/2008 Page 2 of 2 am sure the Idyllwild homeowners may have a few more questions! From: Michael Lombardo [mailto:Michael-Lombardo@iowa-city.org Sent: Tuesday, September 30, 2008 5:03 PM To: CLINESALLY@cs.com Cc: Stephen Long; Jeff Davidson; Eleanor M. Dilkes; Sue Dulek Subject: Information for your meeting Sally -Please share this with your membership at tonight's meeting. This concept of Benefit Cost Analysis (BCA) is critical to the HMGP funding. Under the federal regulations, there are 5 minimum requirements for an HMGP project. One requirement is that the project must be cost effective. In order to be cost effective, it must have a BCA greater than 1.0. The BCA is determined using a computer model approved by FEMA. City staff has performed a BCA analysis on Idyllwild, and the results are less than 0.2 even when exaggerated data is used. Please note that damage to the structure is not one of the variables. The BCA model is available free of charge and if anyone is interested in obtaining their own copy they may do so -information is available on the FEMA website on how to get a copy. In a property acquisition project, a BCA analysis is not required if: a) the structure is in the 100 year flood zone; and b) there is substantial damage to the structure. This is referred to as a "waiver" of the BCA analysis. The State is treating Idyllwild as one property. The State of Iowa has told the City that all Idyllwild structures must be in the 100 year food zone in order to get a BCA waiver. Because not every structure is in the 100 year flood zone, Idyllwild is not eligible for a waiver. If the State changes their position on how this is treated, we will adjust our thinking accordingly. Given that Idyllwild is not eligible for the waiver and that it does not have a BCA analysis over 1.0, Idyllwild is not eligible for the HMGP funds. If in looking forward for alternate solutions and flood mitigation strategies we believe it to be important to share this with property owners. However, if Idyllwild wishes to wait for formal indication from the State with regard to eligibility, then please provide an indication that that is the direction you wish to go in. --Michael. Michael A. Lombardo City Manager 410 E. Washington Street Iowa City, Iowa 52240-1826 319-356-5010 phone 319-356-5009 fax m_chael-lombardo~i>, iowa.-cif o~ 9/30/2008 -~ October 6, 2008 Iowa City City Council: We want to complement your City Manager and Planning Office staff for working with homeowners in Idyllwild. Recently, they have been most helpful answering our questions, reviewing the FEMA Cost Benefit Analysis formula, and providing direction for the future. Now, the Idyllwild Homeowners Association formally requests that we be removed from the FEMA, Hazard Mitigation Grant Program buyout list. At a recent meeting, the Idyllwild homeowners voted by a substantial margin to make this request. We must move forward and allow our homeowners access to other fund/fs that should be available once we are removed from the buyout list. Thank you. Michael E Crawford 54 Pentire Circle ~~ / ~/ ~T L_ Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 08-296 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING TWO MORTGAGES FOR THE PROPERTY LOCATED AT 985 LONGFELLOW COURT, IOWA CITY, IOWA. WHEREAS, on October 1, 2007, the owner of 985 Longfellow Court executed a Second Mortgage in the amount of $35,000 to secure a loan from the City for said amount as part of the Affordable Dream Home Program; and WHEREAS, on October 1, 2007, the owner of 985 Longfellow Court executed a Third Mortgage in the amount of $1,000 to secure a loan from the City for said amount as part of Iowa City's Down Payment Assistance Program; and WHEREAS, the loans were fully paid on October 6, 2008; WHEREAS, the owner also executed a Resale and Occupancy Agreement on October 1, 2007; and WHEREAS, it is the City of Iowa City's responsibility to release these liens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby. the City does release the property located at 985 Longfellow Court, Iowa City, Iowa from the Second Mortgage recorded on October 2, 2007, at Book 4222, Page 358, at the Johnson County Recorder's Office, and from the Third Mortgage recorded on October 2, 2007, at Book 4222, Page 365, at the Johnson County Recorder's Office. 2. The City Clerk is authorized and directed to certify a copy of this resolution for recordation, together with the attached Release of Lien, said recording costs to be paid by the Seller. Passed and approved this 6th day of nctober , 2008. ATTEST: i~~~'~a~t~J 9'~ • ~~~-~it~ - ,~ CITY LERK Hpprovea oy io ~-~~©~ City Attorney's Office Resolution No. 08-296 Page 2 It was moved by Champion and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey ~ Champion ~_ Correia x Hayek ~_ O'Donnell x Wilburn x Wright wpdata/glossary/resolution-ic. doc Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RELEASE OF LIEN The City of Iowa City does hereby release the property at 985 Longfellow Court, Iowa City, Iowa, and legally described as follows: Unit 985 Longfellow Court of Lot 10, Longfellow Manor Condominiums, Iowa City, Iowa, according to the Declaration thereof recorded in Book 4195, Page 375, Records of the Recorder of Johnson County, Iowa, from an obligation of the property owner, Christine N. Hilderbrand, to the City of Iowa City in the principal amount of $35,000.00 represented by a Second Mortgage recorded on October 2, 2007, at Book 4222, Page 358, at the Johnson County Recorder's Office. The City of Iowa City does hereby further release said property from an additional obligation of the property owner, Christine N. Hilderbrand, to the City of Iowa City in the principal amount of $1,000 represented by a Third Mortgage recorded on October 2, 2007, at Book 4222, Page 365, at the Johnson County Recorder's Office. These obligations have been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded documents. By: By: Approved b City Attorney's Office STATE OF IOWA ) )ss: JOHNSON COUNTY ) K. Karr, City Clerk On this ~ day of acTDR~2 , 2008, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Regenia D. Bailey and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City Council of said municipal corporation; and that the said Regenia D. Bailey and Marian K. Karr acknowledged the execution of said instrument to be. the voluntary act and deed and said municipal corporation, by it and by them voluntarily executed. ..~- S~.Q t-~~h ,~ ~s SONDRAE FORT Notary Public in and for the State of Iowa o ~ Commission Number 159791 = My Commission Expires iow 3 avn ~~~ Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATT ST TO THE RELEASE F LIENS REGARDING TWO MORTGAGES FOR THE PROP RTY LOCATED AT 985 LO FELLOW COURT, IOWA CITY, IOWA. WHEREAS, on October 1, 2007, the owner of 985 Longfellow Court exec ed a Second Mortgage in the amount of $3 000 to secure a loan from the City for said a nt as part of the Affordable Dream Home Progra ~ and WHEREAS, on October 1, 2007, the owner of 985 Longfellow Court xecuted a Third Mortgage in the amount of $1,000 to secure a an from the City for said mount as part of Iowa City's Down Payment Assistance Program; an WHEREAS, the loans were fully paid on O WHEREAS, the owner also executed a Re and WHEREAS, it is the City of Iowa City's res NOW, THEREFORE, BE IT RESOLV CITY, IOWA, THAT: ber 6, 2 and~2Sccupancy Agreement on October 1, 2007; 9rfsibil y to release these liens. BY THE ITY COUNCIL OF THE CITY OF IOWA The Mayor is authorized sign and the City Clek~ for recordation, where the City does release t Court, Iowa City, low from the Second Mortgage 4222, Page 358, a he Johnson County Recorder recorded on O ber 2, 2007, at Book 4222, Recorder's Off e. to attest the attached Release of Lien e property located at 985 Longfellow ecorded on October 2, 2007, at Book s Office, and from the Third Mortgage ge 365, at the Johnson County 2. The City Jerk is authorized and directed to certif a copy of this resolution for recordati n and to record said certified resolution with a Johnson County Recorder's Office, gether with the attached Release of Lien, said re ording costs to be paid by the City. Passed ar~fl approved this day of 2008. MAYOR Approved b <~ ~A'~ 1 O ' 6 -oc~ ATTEST: CITY CLERK City Attorney's Office -~ 0=0$=0>~ -4d~~~ Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. RESOLUTION AUTHORIZING T MAYOR TO SIGN AND THE CITY ERK TO ATTEST TO THE RELEASE OF LIENS R CARDING TWO MORTGAGES F THE PROPERTY LOCATED AT 985 LONGFELLOW C URT, IOWA CITY, IOWA. WHEREAS, on October 1, 2007, the caner of 985 Longfellow ourt executed a Second Mortgage in the amount of $35,000 to sec re a loan from the City f r said amount as part of the Affordable Dream Home Program; and WHEREAS, on October 1, 2007, the owner of 85 Longfellow ourt executed a Third Mortgage in the amount of $1,000 to secure a loan from the City for aid amount as part of Iowa City's Down Payment Assistance Program; and WHEREAS, the loans were fully paid on October 1, 00 ; WHEREAS, the owner also executed a Resale and cupancy Agreement on October 1, 2007; and WHEREAS, it is the City of Iowa City's respons' ility to re'I~ase these liens. NOW, THEREFORE, BE IT RESOLVED THE CITY U`OUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: °~ The Mayor is authorized to sig nd the City Clerk to ate for recordation, whereby the ity does release the pro t Court, Iowa City, Iowa from a Second Mortgage record 4222, Page 358, at the Jo nson County Recorder's Offic recorded on October 2007, at Book 4222, Page Recorder's Office. 2. The City Clerk i; recordation and Office, together i City. Passed and appro d this the attached Release of Lien ty located at 985 Longfellow on October 2, 2007, at Book and from the Third Mortgage i5, at the Johnson County authorized and directed to certify a cdpy of this resolution for record said certified resolution with the Jo nson County Recorder's ~ the attached Release of Lien, said recordin~ costs to be paid by the day of S~a~(,n~ ATTEST: CITY CLERK 2018. MAYOR `~ Approved by City Attorney's Office M-~~ Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 08-297 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RESALE AND OCCUPANCY AGREEMENT REGARDING THE PROPERTY LOCATED AT 985 LONGFELLOW COURT, IOWA CITY, IOWA. WHEREAS, on October 6, 2008, the owner of 985 Longfellow Court executed a Second Mortgage in the amount of $36,250 to secure a loan from the City for said amount as part of the Affordable Dream Home Program; and WHEREAS, the owners have signed a Resale and Occupancy Agreement that sets out the requirements they must meet if they sell the home; and WHEREAS, it is the City of Iowa City's interest to execute said Resale and Occupancy Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is authorized to sign and the City Clerk to attest to the attached Resale and Occupancy Agreement. Passed and approved this 6th day of October , 2008. ATTEST: .~ ~ CITY ERK Approved by [O-,6~o~ City Attorney's Office It was moved by Champion and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey ~_ Champion x Correia x Hayek x O'Donnell ~_ Wilburn g Wright ~1: '_ / / ` Resolution No. 08-297 Page 2 It was moved by champion and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey x Champion x Correia ~ Hayek x O'Donnell x Wilburn x Wright wpdata/glossary/resolution-ic. doc D RESALE AND OCCUPANCY AGREEMENT FOR PROPERTY LOCATED AT 985 LONGFELLOW COURT, IOWA CITY, IOWA This Agreement is made between Jason A. Auer-Sears and Erin B. Auer-Sears, husband and wife (hereinafter "Buyers"), and the City of Iowa City, Iowa, a municipal corporation (hereinafter "the City"). WHEREAS, Buyers executed a Residential Real Estate Purchase Agreement wherein they offered to purchase from Christine N. Hilderbrand the following-described real property located in Johnson County, Iowa: Unit 985 Longfellow court of Lot 10, Longfellow Manor Condominiums, Iowa City, Iowa, according to the Declaration thereof recorded in Book 4195, Page 375, Records of the Recorder of Johnson County, Iowa, with a street address of 985 Longfellow Court, Iowa City, Iowa, (hereinafter "the property"); and WHEREAS, on October 1, 2007, the City sold the property to Christine N. Hilderbrand through the Affordable Dream Home Ownership Program; and WHEREAS, as a condition of said sale, Ms. Hilderbrand and the City entered into a Resale and Occupancy Agreement whereby Ms. Hilderbrand agreed that the property would be sold to an income-eligible household if it was sold within 15 years, and it is in the public interest to insure that the property remains affordable to families at or below 80% median income; and WHEREAS, the City will provide Buyers with a $36,250.00 loan which will be secured by a second mortgage on the property and will decrease the original mortgage amount so that the home will remain affordable to families at or below 80% median income; and WHEREAS, Buyers qualify as an income-eligible family for the purchase of said property; and WHEREAS, the City desires that the property remain affordable to subsequent low-income purchasers for a total period of 15 years. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Buyers hereby agree and covenant that the property shall be owner-occupied by Buyers until at least October 1, 2022, (15 years from the date of the first sale) or until such time as the property is resold. If the property is resold, Buyers hereby agree and covenant that they shall comply with the remaining provisions of this agreement. 2. If Buyers pay off the second mortgage to the City in full prior to October 1, 2022, the property shall remain owner occupied by Buyers unless the property is resold consistent with the provisions of this Agreement. 2 3. Prior to October 1, 2022, Buyers shall not lease any interest in the property. 4. The City's second mortgage in the amount of $36,250.00 shall become due upon resale of the property, regardless of when resale occurs. If the property is resold, said second mortgage shall be paid out of the sale proceeds. Buyers agree to pay City the full amount of said second mortgage regardless of when resale occurs. 5. In the event Buyers wish to resell the property prior to October 1, 20221 the property must be sold to an income-eligible household at fair market value. The City will determine whether a prospective buyer qualifies as an income-eligible household, and the City must approve all prospective buyers prior to resale of the property. The City will also determine whether the sale price is fair market value, and the City must approve the price before Buyers accept a purchase offer. 6. Should Buyers desire to resell the property prior to October 1, 2022, they must immediately notify the City of their intent to sell and must actively market the property. 7. If Buyers are unable to secure a qualified buyer within three months of providing the City notice of intent to sell, the City may assist Buyers with mortgage payments, and the City may become actively involved in the marketing of the property. Any and all mortgage payments made by the City must be repaid to the City from the proceeds of the resale. 8. If resale of the property occurs prior to October 1, 2022, Buyers and City shall share the appreciated value of the property. Appreciated value is the difference between the purchase price of the property and its market value at the time of resale, less the depreciated value of any improvements made to the house from the time of this Agreement to the date of resale. The depreciated value of improvements will be determined by an appraiser selected by the City. The percentage of appreciated value received by Buyers as a result of the sale depends on the number of years Buyers occupied the property prior to resale according to the schedule attached hereto as "Exhibit A". 9. If resale of the property occurs prior to October 1, 2022, Buyers agree to pay the City a $300.00 administrative fee to reflect the City staff time incurred to facilitate the resale. Buyers further agree that the $300.00 fee will be paid at the time of closing on said resale. 10. If Buyers are no longer able to continue making mortgage payments to the primary bank/mortgage holder or fail to make mortgage payments for any reason, Buyers must immediately notify the City. The City may then elect to take over the mortgage payments until the property is sold. Any and all mortgage payments made by the City must be repaid to the City from the proceeds of the resale. If Buyers cease making mortgage 3 payments, the City is entitled to receive 100% of the appreciated value of the property from the date of this Agreement to the time of resale. At the City's option, Buyers will grant the City of Iowa City a warranty deed in lieu of foreclosure of the City's second mortgage to enable the City to resell the house to an eligible property owner. 11. If resale of the property occurs prior to October 1, 2022, Buyers acknowledge that: a. The "new buyers" will be required to sign a Resale and Occupancy Agreement in substantial compliance with the terms of this Agreement; and b. As a result, the resale must include a condition that the "new buyers" will be subject to selling and occupancy restrictions until October 1, 2022. 12. This Agreement shall be an "obligation" of Buyers under Paragraph 2 of the Second Mortgage. Violation of this Agreement by Buyers shall be an "event of default" under Paragraph 15 of the Second Mortgage. Signed this 6th day of octobe , 2008. BUYERS By Att CITY OF IOWA CITY, IOWA Marian x. Karr, Lary ~;ierx 4 EXHIBIT A PERCENTAGE OF APPRECIATED YEAR SOLD VALUE EARNED BY BUYERS 1 5 2 10 3 15 4 20 5 30 6 40 7 50 g 60 9 70 10 80 11 80 12 80 13 80 14 100 ~~d~~!~~ 4~LL Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. RESOLUTION AUTHORI NG THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RESALE AND CCUPANCY AGREEMENT REGARDING THE PROPERTY LOCATED AT 985 LONGFEL OW COURT, IOWA CITY, IOWA. WHEREAS, on October 1, 200 the owner of 985 Longfellow Court exe ted a Second Mortgage in the amount of $36,250 o secure a loan from the City for said a unt as part of the Affordable Dream Home Program; a WHEREAS, the owners have signed a esale and Occupancy Ag ement that sets out the requirements they must meet ~f they sell t home; and WHEREAS, it is the City of Iowa City's i terest to execu said Resale and Occupancy Agreement. NOW, THEREFORE, BE IT RESOLVED BY T CITY OUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is authorized to sign and the City Cle to attest to the attached Resale and Occupancy Agreement. Passed and approved this day of 2008. MAYOR ATTEST: CITY CLERK It was moved by adopted, and upon roll call AYES: / NAYS: City Attorne~s Office the Resolution be ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright /e by and seconded by re were: ~~Ca~ RESALE AND OCCUPANCY AGREEMENT FOR PROPERTY LOCATED AT 985 LONGFELLOW COURT, IOWA CITY, IOWA This Agreement is made between Jason A. Auer-Sears and Erin B. Auer-Sears, husband and wife (hereinafter "Buyers"), and the City of Iowa City, Iowa, a municipal corporation (hereinafter "the City"). ~ WHEREAS, Buyers exec ed a Residential Real Estate Purchase Agreement wherein they offered to purchase from C ~stine N. Hilderbrand the following-described real property located in Johnson County, Iowa: Unit 985 Longfellow co of Lot 10, Longfellow Manor Co~d'ominiums, Iowa City, Iowa, according to th Declaration thereof recorded in~ook 4195, Page 375, Records of the Recorder of hnson County, Iowa, with a street address of 985 Longfell w Court, Iowa C' ,Iowa, (hereinafter "the property"); and WHEREAS, on October 1, 2007, the Cit sold tl~property to Christine N. Hilderbrand through the Affordable Dream Home Ownership Pr r ,and WHEREAS, as a condition of said sale, s. ilderbrand and the City entered into a Resale and Occupancy Agreement whereby Ms. H' derbr d agreed that the property would be sold to an income-eligible household if it was s d within 5 years, and it is in the public interest to insure that the property remains affordable o families at r below 80% median income; and WHEREAS, the City will prov' e Buyers with a 36,250.00 loan which will be secured by a second mortgage on the prop rty and will decreas the original mortgage amount so that the home will remain affordable o families at or below 8 o median income; and WHEREAS, Buyers qualj~'y as an income-eligible WHEREAS, the City desires that the property remain purchasers for a tota period of 15 years. NOW, THEREFC~2E, THE PARTIES AGREE AS FOLLO the purchase of said property; and le to subsequent low-income 1. Buyers ereby agree and covenant that the property sha be owner-occupied by Buyers until least October 1, 2022, (15 years from the date of e first sale) or until such time as t property is resold. If the property is resold, Buyers h eby agree and covenant that they shall comply with the remaining provisions of this agree ent. 2. If Buyers pay off the second mortgage to the City in full prior to October 1, 2022, the property shall remain owner occupied by Buyers unless the property is resold consistent with the provisions of this Agreement. 2 3. Prior to October 1, 2022, Buyers shall not lease any interest in the property. 4. The City's second mortgage in the amount of $36,250.00 shall become due upon resale of the property, regardless of when resale occurs. If the property is resold, said second mortgage shall b~ paid out of the sale proceeds. Buyers agree to pay City the full amount of said second mor~age regardless of when resale occurs. 5. In the event Buyers wi must be sold to an inc determine whether a prosp City must approve all pros determine whether the sal before Buyers accept a pur to resell the property prior to Octobg~- 1, 2022= the property me-eligible household at fair mart value. The City will tive buyer qualifies as an income eligible household, and the pe tive buyers prior to resale oft property. The City will also e pri e is fair market value, and e City must approve the price chas offer. 6. Should Buyers desire to resell he property pri to October 1, 2022, they must immediately notify the City of their 'ntent to sell a d must actively market the property. 7. If Buyers are unable to secure a quali ed buye within three months of providing the City notice of intent to sell, the City may a ist B yers with mortgage payments, and the City may become actively involved in the ar eting of the property. Any and all mortgage payments made by the City must be repai to the City from the proceeds of the resale. 8. If resale of the property occurs prior t Oct ber 1, 2022, Buyers and City shall share the appreciated value of the property. Apprec ted value is the difference between the purchase price of the property d its mar et value at the time of resale, less the depreciated value of any impr ements ma to the house from the time of this Agreement to the date of re ale. The depre 'ated value of improvements will be determined by an appraiser s lected by the City. The percentage of appreciated value received by Buyers as a r ult of the sale depe ds on the number of years Buyers occupied the property prior: o resale according to the chedule attached hereto as "Exhibit A". 9. If resale of the prope occurs prior to October 1, 202 Buyers agree to pay the City a $300.00 administrat' e fee to reflect the City staff time i curred to facilitate the resale. Buyers further agre that the $300.00 fee will be paid at the 'me of closing on said resale. 10. If Buyers are y~o longer able to continue making mortgage payments to the primary bank/mortga holder or fail to make mortgage payments for ~y reason, Buyers must immediately notify the City. The City may then elect to take over the mortgage payments until the property is sold. Any and all mortgage payments made by the City must be repaid to the City from the proceeds of the resale. If Buyers cease making mortgage 3 11 payments, the City is entitled to receive 100% of the appreciated value of the property from the date of this Agreement to the time of resale. At the City's option, Buyers will grant the City of Iowa City a warranty deed in lieu of foreclosure of the City's second mortgage to enable the City to resell the house to an eligible property owner. If resale of the prop y occurs prior to October 1, 2022, Buyers ackn ledge that: a. The "new buyers will be required to sign a Resale and O 'cupancy Agreement in substantial complia e with the terms of this Agreements a d b. As a result, the resale ust include a condition at the "new buyers" will be subject to selling and occ ancy restrictions until ctober 1, 2022. 12. This Agreement shall be an "oblig ion" of Buyer under Paragraph 2 of the Second Mortgage. Violation of this Agreeme t by Buye shall be an "event of default" under Paragraph 15 of the Second Mortgage. Signed this BUYERS day of By: BY~ Jason A. Auer-Sears gy; Attest: Erin B. Auer-Sears 2008. CITY OF IOWA CITY, IOWA D. Bailey, Mayor K. Karr, City Clerk EXHIBIT A YEAR SOL 10 11 12 13 14 MATED YERS M~ "~'~„ 4d 3 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 08-298 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE AND AN AMENDMENT TO MORTGAGE FOR THE PROPERTY LOCATED AT 1319 PRAIRIE DU CHIEN ROAD, IOWA CITY, IOWA. WHEREAS, on October 22, 1996, the owner executed a Mortgage with the City of Iowa City to secure a loan; and WHEREAS, on November 1, 2007 an Amendment to Mortgage was executed; and WHEREAS, the loan has been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 1319 Prairie du Chien Road, Iowa City, Iowa from a Mortgage recorded October 28, 1996, Book 2176, Page 275 through Page 279 and an Amendment to Mortgage recorded November 9, 2007, Book 4234, Page 799 through Page 800 of the Johnson County Recorder's Office. Passed and approved this 6th day of oc A ATTEST: ~~~~~ 7'C~- ~.~ CITY LERK 20~_. A roved City Attorney's Office It was moved by champion and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey X Champion x Correia ~_ Hayek ~_ O'Donnell x Wilburn x Wright Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 Legal Description of Property: see below Mortgagor(s): Patricia I. Van Eck Mortgagee: City of Iowa City The City of Iowa City does hereby release the property at 1319 Prairie du Chien Road, Iowa City, Iowa, and legally described as follows: Commencing at the Northeast corner of Lot 10 in Whiting Addition to Iowa City, Johnson County, Iowa; thence easterly along the South lines of Lots 15 and 16 of said Whiting Addition, 140 feet to the West line of Prairie du Chien Road; thence southerly along the West line of Prairie du Chien Road 60 feet, thence westerly 140 feet to the Southeast corner of said Lot 10; thence northerly along the East line of said Lot 10 to the point of beginning, subject to easements of record. from an obligation of the owner, Patricia I. Van Eck estate, to the City of Iowa City represented by a Mortgage recorded October 28, 1996, Book 2176, Page 275 through Page 279 and an Amendment to Mortgage recorded November 9, 2007, Book 4234, Page 799 through Page 800 of the Johnson County Recorder's Office. This obligation has been repaid and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recordedJ.~ocument. ATTEST: ~ ~,~ y1' T~..~c~ CITY C RK STATE OF IOWA ) SS: JOHNSON COUNTY ) ~~-0~ City Attorney's Office On this ~_ day of ~ROREP , A.D. 20 0$, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Regenia D. Bailey and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on~half of the corporation by authority of its City Council, as contained in Resolution No. ~~adopted by the City Council on the ~ day ~~ , 20~ $_ and that the said Regenia D. Bailey and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by ft and by them voluntarily executed. ,~'~ SONDRAE FORT ~ 1'a-1`O ~ ~ Commission Number 159791 My Commission Expires Notary Public in and for Johnson County, Iowa ow .?I, 7 0' 1111111 111111 iii 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111 1111 1111 Doc ID: 021018840002 Tvoe: GEN Recorded: 11/09/2007 at 01:48:3! PM Fee Amt: $12.00 Paae 1 of 2 Johnson Countv Iowa Klm Palnter Countv Recorder BK4234 PG799-800 ~~ Prepared by: Susan Dulek, Asst. City Atty, 410 E. Washington St., Iowa City, IA 52240 (319-356-5030) Return Address: City Attorney's Office, 410 E. Washington Street, Iowa City, IA 5224 Legal Description:Commencing at the Northeast corner of Lot 10 in Whiting Addition to Iowa City, Johnson County, Iowa; thence easterly along the South -ines of Lots 15 and 16 of said Whiting Addition, 140 feet to the West line of Prairie du Chien Road; thence southerly along the West line of Prairie du Chien Road 60 feet, thence westerly 140 feet to the Southeast corner of said Lot 10; thence northerly along the East line of said Lot ] 0 to the point of beginning, subject to easements of record. Mortgagor(s): Patricia I. Van Eck Mortgagee: City of Iowa City AMENDMENT TO MORTGAGE WHEREAS, Patricia I. Van Eck, a single person, ("Mortgagor") executed a Mortgage in favor of the City of Iowa City, dated October 22, 1996, which is recorded at Book 2176, Page 275, et seq., of the records of the Johnson County Recorder ("Mortgage"); WHEREAS, the Mortgage secures, in part, a loan provided by the City to Mortgagor for rehabilitation on her home locally known as 1319 Prairie du Chien Road, Iowa City, Iowa; WHEREAS, the Mortgage contains a legal description for property locally known as 1303 Prairie du Chien Road, Iowa City, Iowa; WHEREAS, Mortgagor owns the property locally known as 1319 Prairie du Chien Road, Iowa City, Iowa and the property locally known as 1303 Prairie du Chien Road, Iowa City, Iowa; WHEREAS, the City's and Mortgagor's intent in 1996 was to have Mortgagor grant a mortgage to the City in 1319 Prairie du Chien Road, Iowa City, Iowa, not 1303 Prairie du Chien Road, Iowa City, Iowa; and WHEREAS, Mortgagor, with the consent of the City, wishes to amend the Mortgage by amending the legal description to encumber 1319 Prairie du Chien Road, Iowa City, Iowa rather than 1303 Prairie du Chien Road, Iowa City, Iowa FOR GOOD AND VALUABLE CONSIDERATION, IT IS AGREED that the Mortgage is hereby amended by deleting the legal description found on page 1 of the Mortgage and substituting in lieu thereof the following: Comn~encilig at the Norti~east corner of Lot 10 in Whiting Addition to Iowa City, Johnson County, Iowa; thence easterly along the South lines of Lots 15 and 16 of said Whiting Addition, 140 feet to the West line of Prairie du Chien Road; thence southerly along the West line of Prairie du Chien Road 60 feet, thence westerly 140 feet to the Southeast corner of said Lot 10; thence northerly along the East line of said Lot 10 to the point of beginning, subject to easements of record. All other terms and provisions of the Mortgage remain in full force and effect. Dated: 1 I • ~ . ~- STATE OF IOWA COUNTY OF JOHNSON ~~ / ~ ~ ~ ~ i ~~~ ~ Li~~ ~ Kimberley A.~,ehrman, Attorney in Fact for Patricia I. Van Eck )ss: On this day of ~~'( ~,~~1~~~ 2007, before me, the undersigned, a Notary Public, personally appeared Kimberley A. Lehrman, Attorney in Fact, for Patricia I. Van Eck, a single individual, to me known to be the identical person named in and who executed the foregoing instrument, and acknowledged that she executed the same as her voluntary act and deed. JENNIFER CK3RAND NOTARIAL SEAL -STATE OF IOWA COMMISSi;JN NUMBER 738112 MY COMMISSION EXPIRES DEC. 14, 2008 r~ 2 C1 i ~; 4 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 08-299 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING A MORTGAGE AND AN AMENDED MORTGAGE FOR THE PROPERTY LOCATED AT 1705 FLATIRON DRIVE, IOWA CITY, IOWA. WHEREAS, on October 9, 1998, the owner executed a Mortgage with the City of Iowa City to secure a loan; and WHEREAS, on July 5, 2000, the owner executed an Amended Mortgage; and WHEREAS, the terms of the loan have been satisfied; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 1705 Flatiron Drive, Iowa City, Iowa from a Mortgage recorded October 15, 1998, Book 2595, Page 226 through Page 229, and an Amended Mortgage recorded July 6, 2000, Book 2984, Page 468 through Page 472 of the Johnson County Recorder's Office. Passed and approved this 6th day of October , 2008 c // / Approved by ATTEST:~~r~~_~ CITY CLERK City Attorney's Office It was moved by Chamuion and seconded by Wi_lbttrn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey ~_ Champion ~_ Correia x Hayek x O'Donnell x Wilburn ~_ Wright Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 Legal Description of Property: see below Mortgagor(s): Tracy Ann Robison Mortgagee: City of Iowa City RELEASE OF LIENS The City of Iowa City does hereby release the property at 1705 Flatiron Drive, Iowa City, Iowa, and legally described as follows: Lot 132 in Mount Prospect Addition, Part III, an addition to the City of Iowa City, according to the plat thereof recorded in Plat Book 15, Page 76, Plat Records of Johnson County, Iowa from an obligation of the owner, Tracy Ann Robison, to the City of Iowa City represented by a Mortgage recorded October 15, 1998, Book 2595, Page 226 through Page 229, and an Amended Mortgage recorded July 6, 2000, Book 2984, Page 468 through Page 472 of the Johnson County Recorder's Office. This obligation has been repaid and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ATTEST: .LC r~ 9~ - ~\Q~ CITY RK STATE OF IOWA ) City Attorney's Office SS: JOHNSON COUNTY ) On this Ea day of ~~o Q E(L , A.D. 20 o g ,before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Regenia D. Bailey and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and-that the instrument was signed and sealed on b~half of a corporation by authority of its City Council, as contained in Resolution No. Qadopted by the City Council on the _(~ day c , 20 o g and that the said Regenia D. Bailey and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. o~ ~,r SONDRAE FORT ~ r~~ _ ~ Commission Number 159791 Notary Public in and for Johnson County, Iowa My Commission Expires ww a ? e'tDo ~~~ S ~3~:at~ M~ "'~~'~ 6d Prepared by: Karen Howard, Associate Planner, 410 E Washington Street, Iowa City, IA 52240; 319-356-5251 (SU608- 00008) RESOLUTION NO. 08-300 RESOLUTION APPROVING THE FINAL PLAT OF LYTHAM CONDOMINIUMS, IOWA CITY, IOWA. WHEREAS, the applicant, Hendrickson Enterprises, Inc., and owners, Gregory B and Carol Neuzil and Ottella, LLC, filed with the City Clerk of Iowa City, Iowa, the final plat of Lytham Condominiums, Iowa City, Iowa (previously known as the Hendrickson Lytham Condominiums); and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: Portion of the Southwest Quarter of the Northeast Quarter of the Northwest Quarter of Section 16, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, the boundaries of which are described as follows: Commencing at the North Quarter Corner of Section of Section 16, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence N89°20'53"W, along the North Line of the Northwest Quarter of said Section 16, a distance of 656.25 feet; Thence S03°16'55"E, 829.73 feet, to the Point of Beginning; Thence continuing S03°16'55"E, 494.55 feet, to a Point on the North Line of Lot 7, of Part Four Terrace Hill, Iowa City, Iowa, in accordance with the Plat thereof Recorded in Plat Book 6 at Page 80 of the Records of the Johnson County Recorder's Office; Thence N90°00'00"W, along said North Line, and the North Line of Auditor's Parcel No. 1001, Iowa City, Iowa, in accordance with the Plat thereof recorded in Plat Book 33, at Page 168, of the Records of the Johnson County Recorder's Office, and the North Line of Tower Addition, Iowa City, Iowa, in accordance with the Plat thereof Recorded in Plat Book 4 at Page 329 of the Records of the Johnson County Recorder's Office, a distance of 685.79 feet, to the Southeast Corner of University Heights Subdivision, University Heights, Iowa, in accordance with the Plat thereof Recorded in Plat Book 2 at Page 72 of the Records of the Johnson County Recorder's Office; Thence N01 °46'19"W along the East Line of said University Heights Subdivision, 659.30 feet, to the Southwest Corner of Learner Court Addition, University Heights, Iowa, in accordance with the Plat thereof Recorded in Plat Book 4 at Page 268 of the Records of the Johnson County Recorder's Office; Thence S89°52'14"E, along the South Line of said Leamer Court Addition, and the South Line of University Heights 3rd Subdivision, University Heights, Iowa, in accordance with the Plat thereof Recorded in Plat Book 3 at Page 140 of the Records of the Johnson County Recorder's Office, a distance of 418.47 feet, to the Southwest Corner of Lot 426 of said University Heights 3rd Subdivision; Thence N02°18'12"W, along the West Line of said Lot 426, a distance of 15.01 feet, to the Northwest Corner thereof; Thence S89°52'14"E, along the North Line of said Lot 426, a distance of 50.01 feet, to the Northeast Corner thereof; Thence S02°18'12"E, along the East Line of said Lot 426, a distance of 15.01 feet, to the Southeast Corner thereof, and the Northwest Corner of the Parcel of Land shown on the Plat of Survey, in accordance with the Plat thereof Recorded in Plat Book 4, at Page 225, of the Records of the Johnson County Recorder's Office; Thence S02°18'12"E along the West Line of said Parcel and the West Line of the Parcel of Land shown on the Plat of Survey, in accordance with the Plat thereof Recorded in Plat Book 4 at Page 245 of the Records of the Johnson County Recorder's Office, a distance of 170.00 feet, to the Southwest Corner thereof; Thence N88°23'38"E, along the South Line of said Parcel, 202.63 feet, to said Point of Beginning. Said Tract of land contains 9.48 acres, and is subject to easements and restrictions of record. Resolution No. nR-3nn Page 2 WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision and recommended approval; and WHEREAS, a dedication has been made to the public, and the subdivisions have been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision conforms with all of the requirements of the Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The final plat of Lytham Condominiums, Iowa City, Iowa located on the above-described real estate are hereby approved. 2. The City accepts the dedication of the streets and easements as provided by and specifically set aside, although certain portions of said land are not open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivisions, and to certify this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this 6th day of ATTEST: _ ~.~ 9~• a~ CIT LERK 20 08 It was moved by 0' Donnell and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _~ Bailey x Champion X Correia ~_ Hayek g O'Donnell g Wilburn ~ Wright City Attorney's Office 9~3r~~d~.- STAFF REPORT To: City Council Prepared by: Karen Howard Item: REZ08-00008 Date: October 6, 2008 Lytham Condominiums GENERAL INFORMATION: Applicant: Hendrickson Enterprises, Inc. 2601 Flagstone Court Coralville, IA 52241 319-351-6186 Contact: same as above Property Owner: Otella, LLC 83 Woodside Avenue Chalfont, PA 18914 Requested Action: Final Plat Purpose: 2-lot subdivision intended for development of 9 detached single family dwellings and 22 attached dwelling units Location: South of Melrose Avenue as an extension of Olive Court, Learner Court, and Marietta Avenue Size: 9.48 acres Existing Land Use and Zoning: Three dwellings and associated outbuildings, remainder of the land is undeveloped; OPD-8 Surrounding Land Use and Zoning: North: Single family residential; within the City of University Heights South: Single Family residential; RS-5 East: Multi-family residential; OPD-8 West: Single family residential; within the City of University Heights Comprehensive Plan: Duplex and small lot single family residential Neighborhood Open Space District: Brookland/Roosevelt (SW3) File Date: August 14, 2008 (application complete: 8-26-08) 2 60 Day Limitation Period: October 27, 2008 BACKGROUND INFORMATION: The subject property is a 9.48-acre parcel located south of Melrose Avenue at the southern terminus of Olive Court and Learner Court and northeast of the terminus of Marietta Avenue. A planned development overlay rezoning (OPD-8) and preliminary plat was approved on July 15, 2008. The OPD plan allows development of a total of 31 dwelling units with 9 detached single family dwellings and 22 attached single family dwellings while providing protection for sensitive features on the site, including steep, critical, and protected slopes along a partially wooded ravine, and a small wetland in the southeast corner of the property. The applicant is now requesting a final plat. ANALYSIS: The final plat is in general conformance with the approved preliminary plat and the subdivision regulations. Construction plans have been submitted and are being reviewed by the City Engineer. The City Attorney's Office is reviewing the legal papers. These plans and documents should be approved by staff prior to City Council consideration of the final plat. Subdivision Design: The applicant is requesting to divide the property into two lots. Lot 1 includes the area bounded by the newly proposed loop street. Lot 2 encompasses the remainder of the property. Outlots A and B will need to be dedicated to adjacent property owners prior to final plat approval so that these properties have frontage on and access to the public street. Public Open Space Requirement: Based on the City's neighborhood open space formula, a fee equivalent to 0.33 acres of land will be required prior to issuance of the first building permit for any development on the property. The fee will be used for acquisition of new parkland or improvements to existing parks within the SW3 open space district. Private Shared Open Space: The developer has indicated that a homeowner's association will be established to maintain the common open space. Prior to formation of the homeowner's associations the developer will be responsible for maintaining these areas. The details of this arrangement are addressed in the legal papers submitted with the final plat. Sensitive Areas: To assess the stability of the slopes and likelihood of slope failure during and after construction of the proposed condominiums, the applicant hired Terracon, an engineering firm with experience in this type of analysis. Terracon's report indicated that the global stability of the slopes appeared suitable for the construction proposed, but that further analysis would be necessary at the time of construction to ensure the internal stability of the proposed retaining walls. To that end, the City will require an analysis and certification from a structural engineer to ensure that the retaining walls are designed in a manner that will support the proposed buildings. This analysis and certification will be required at the time of site plan review and prior to issuance of building permits for the retaining walls. Construction area limits have been drawn on the final plat in order to protect slopes that form the ravine, to maintain a buffer around the wetland, and to protect mature trees in the central and western portions of the ravine. Construction area limits are in substantial compliance with the preliminary OPD plan. A tree protection plan must be submitted and approved at the time of the 3 final OPD plan indicating the specific measures that will be taken to preserve the mature trees near the western end of the ravine as indicated on the approved sensitive areas development plan. All requirements of the approved sensitive areas development plan, as approved and recorded with the preliminary OPD plan, must be adhered to prior to any grading or development activity on the site. A Construction Site Run-off (CSR) Permit will be required before any grading activity commences on the site. This permitting process will ensure that erosion control methods are adequate to prevent erosion during construction. STAFF RECOMMENDATION: Staff recommends that SUB08-00008, a 2-lot subdivision for property located south of the terminus of Olive Court and Learner Court and north of Tower Court, be approved subject to approval of legal papers and construction drawings. ATTACHMENTS: 1. Final Plat 2. Location Map Approved by: ~~?i~~~/~2~ Robert Miklo, Senior Planner Department of Planning and Community Development .__--- ~l.J 3/~d 2~3llIW pp z ~ \ ~" _ O 0 ~ ,~ ~ ~ ~~ ~ ~ L o ~ ~, O O o (y '" ~ ~ ~ r ~ Q ~ ~ cn ~o .~ ~ ~ ~ o ~ r z;~~ ~~ ~~~ sooa ~~ s, ~ooo a ~ o ~ ~ o ~ 4 ~ 13W ~" ~~ __ N ~~" ., --° `- ~ w ~ ~ _ ~ (J ° o w IIIH 3~bRl2~'d~ ~ d _ o o ° N _. _ '~ ~ V N T . ~ 0 3 ~' ~ z ~ ' r ~~_ . _ Z ° w m ~ 2i0 . NOl _~_ 0 -_ __ _ O 3hI10 _ , C~ `~ _ _ ~ tl3W`d3l s ..~ ~ ~a IION~I`d0 O V . _ __ O ~ ~ _ N . ~.... 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Rgr ~ ~, ~ ~ ° a ,1 ~}e51 ~ ~IFI . " I ~ .yr ~ r " x° ~ des" 1 ~ ~ ~ I - ~ d y _ . g e .4,Lc_:~'e ~•:.~.~ 'ice .~ x a s " .~.r~",~ !r ~ ~ f ;~ , . 1 '.. ... 0 ~ ~ ii67sep ~'3. °f ~ ~.a per:F~i~. 31~'.r lE 9TD rdJfiv^e~f', _,Ji~ J ^3'1 J .} '~'.°0~'' W v~f9 ra;~ .. L YGk7~'.::IC ~ IJIRP ~mP j {+ %a~ 5 t~ ~. _ u ~ ^ 1 ~ - 1 k e9a.~ra - •a w.r ri++.a ~ " F eF ~! @IiORf iC4J4^~ 4LYRTt& iR'O ,, r ~~ ~gg . ~J~~ r ~~` ~ . ~~ ~+ v ~~ ~~ !!,.~ .v ~'4, r fir. }`,. ~~ I ~i ` .~ 1 a i 1 , 1 r; .~ - ~; I' 1 M-I~ `--- 10 Prepared by: Kimberly Sandberg, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 08-301 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY COMMUNITY SCHOOL DISTRICT TO USE A PORTION OF CITY STREETS AND PUBLIC .RIGHTS-OF-WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER OPTIC NETWORK. WHEREAS, the Iowa City Community School District desires to utilize a buried conduit system containing a fiber optic telecommunications cable within City of Iowa City public rights-of-way; and WHEREAS, it is in the public interest to enter into an agreement with the Iowa City Community School District concerning the construction work and the responsibility for the installation and maintenance of the fiber optic cable. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The attached Agreement between the City of Iowa City and the Iowa City Community School District to use certain streets and public rights-of-way as set out in said agreement for the placement of fiber optic cable is in the public interest, and is hereby approved as to form and substance. 2. The Mayor is authorized to execute and the City Clerk to attest the attached agreement, on behalf of the City of Iowa City, Iowa. The City Clerk is hereby directed to record a certified copy of said Resolution and executed Agreement with the office of the Johnson County Recorder with recording costs to be paid by the Iowa City Community School District. Passed and approved this 6th day of .p.N~ ......~ ATTEST: ~~Gt-!~ e'2~ ~~~3~~ CIT tERK ~ City Attorney's Office ~/3C~'(~' ~~ Resolution No Page 2 08-301 It was moved by ChamQion and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: x x NAYS: ABSENT: X x x x X Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic.doc AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND IOWA CITY COMMUNTiY SCHOOL DISTRICT FOR USE OF PUBLIC RIGHTS-OF-WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER OPTIC NETWORK. SECTION I. DEFINITIONS a. "City" shall mean the City of Iowa City, Iowa and, where appropriate, shall include its officers, employees and agents. b. "Public Improvements" shall mean any publicly owned improvements on public property, including but not limited to paving, sidewalks, grass, vegetation, trees, street lights, traffic signals, water mains, sewers, electrical transmission lines and equipment related thereto, cable and telephone lines and equipment related thereto. c. "Public Properly" shall mean public-owned or controlled public land and rights-of--way, easements, bridges, parks squares and commons. d. "Network" shall mean Iowa City Community School District and shall include equipment owned, operated, leased, or subleased in connection with the operation of the network, and shall include cables, underground conduits, handholes, vaults, fiber optic cables, overhead transmission lines and other overhead cable and lines. SECTION 2. BASIC GRANT Network is hereby granted a license to construct, maintain, inspect, protect, repair, replace and retain communications.system in, under, upon, along and across the public property shown and identified in Exhibits A, 6 & C hereto, subject to the regulatory. powers of the City and subject to the conditions herinafter set forth. SECTION 3. INSTALLATION, REPAIR, EXTENSION OR EXPANSION OF THE NETWORK Before commencing any extension or expansion of its system, or any major repair work or the installation of any new system in the City, the Network shall file with the Public Works Department of the City a written statement verifying the public property under which or upon which the Network proposes to extend, expand, install or repair its system. The Director of Public Works may require the statement be accompanied by a map, plan or specifications showing the proposed location of the system components with references to streets and alleys, existing public utilities, the size and dimensions of all facilities, and the distance above or beneath the surface of the ground proposed for repair or installation. If the proposed locations of any facilities shall interfere with the reasonable. and proper use, construction, reconstruction and maintenance of any public improvements or any existing City-owned public utility system component, or other structure upon or under public property, the Director of Public Works~shall, within reasonable time after the filing of such plan, map or specifications, note the changes necessary to eliminate interference with a public improvement or existing City-owned public .utility system facility and refer the same back to the Network for amendment. Any such review, approval or amendment shall remain subject to the provisions in Section 8 herein. Such map, plan, or specifications, when properly changed and corrected, shall be filed in the Public Works Department; and after the approval of same by the Director of Public Works, a permit shall be issued authorizing the Network to proceed in accordance with the approved maps, plans, or specifications. No such excavation, construction or erection shall be commenced before the issuance of the permit herein provided for unless it is an emergency as described in Section 5. All work pertormed by Network shall be in accordance with the approved maps, plans or specifications. SECTION 4. CONSTRUCTION AND REPAIR OF NETWORK In the process of location, construction, reconstruction, replacement, or repair of any system component, the excavation or obstruction made or placed in public property at any time or for any purpose by the Network shall, to protect the public and assure the safe and efficient movement of traffic, be properly barricaded to comply, at a minimum, with requirements set Forth in the Manual on Uniform Traffic Control De>~ces All pavement taken up or damaged shall be properly and speedily replaced in accordance with the City's regulations, City's Municipal Design Standards and Standard Construction Specifications, and warranted for a period of five (5) years. As a condition to the use of public properly, the Network shall, at its own expense, repair or cause repair to any private properly public utility system component, public improvement or public property damaged by such location, construction, reconstruction, replacement or repair work. If the Network fails to repair or arrange with the City for the proper repair of any public property after excavations have been made, and after thirty days notice in writing to do so given to its designated representative, then the City may make such repairs at the expense of the Network. SECTION 5. EXCAVATIONS The Network is authorized to make excavations in City streets, avenues, alleys and public property for purposes of routine repair, replacement, and maintenance of wires, lines or other system components associated with the Network. In making such excavations, the Network shall obtain a permit pursuant to City Ordinances and Regulations, shall not unnecessarily obstruct the use of streets, avenues, alleys or public places, shall provide the Public Works Director with twenty-four. (24) hours notice prior to the actual commencement of the work, and shall comply with all City provisions, requirements and regulations in performing such work. However, three (3) day notice shall be provided to the Public Works Director for any work requiring a street closure or detour. In emergencies which require immediate excavation, the Network may proceed with the work without first applying for or obtaining the permit, provided, however, that the Network shall apply for and obtain the permit as soon as possible after commencing such emergency work. Excavations shall not remain open for more than five (5) working days without prior City approval. Failure to Comply; Remedies. If the Network fails to comply with the provisions of this Section, the City may repair or restore the public properly to a condition as good as the condition of the property prior to the disturbance by the Network. The Network shall pay the costs of such repair or restoration. The Network shall pay to the City its costs and charges for such work within sixty (60) days after receipt of the City's billing. SECTION 6. WORK BY OTHERS, CONSTRUCTION BY ABUTTING OWNERS, ALTERATION TO CONFORM WITH PUBLIC IMPROVEMENTS The City reserves the right to lay, and permit to be laid, wires, pipes, cables, conduits, ducts, manholes and other appurtenances, and to do, or permit to be done, any underground and overhead installation of improvement that may be deemed necessary or proper by the City in, across, along, over or under any public property occupied by the Network, and to change any 2 curb or sidewalk or the grade of any street. In permitting others to do such work, the City shall not be liable to the Network for any damages arising out of the pertormance of such work by other parties. Nothing in this agreement shall be construed to relieve other persons or corporations from liability for damage to the Network's facilities. SECTION 7. NETWORK CONTRACTORS The requirements of this agreement shall apply to all persons, firms or corporations performing work for the Network under a contract, subcontract, time and materials arrangement or other type of work order. SECTION 8. CONDITIONS OF STREET OCCUPANCY The fiber optic cable systems, and other components of the facilities erected by the Network within the City shall conform to established grades of streets, alleys and sidewalks, and be so located as to cause minimum interference with the rights or reasonable convenience of property owners who adjoin public property.. The Network shall rnnduct its work hereunder in such manner as to cause as little interference as possible with pedestrian and vehicular traffic, and shall abide by scheduling directions, if any, given by the Director of Public Works. The Network shall, upon reasonable notice and at its sole cost and expense, remove, locate and relocate its facilities in, on, over or under public property in such manner as the City may at any time require for the purpose of facilitating the construction, reconstruction, maintenance, repair or change in grade of any public improvement on, in or about any such public property, for the purposes of facilitating the vacation and/or redevelopment of public property or public right-of- way by the City. In the event the Network fails to act within a reasonably allocated time, the City may cause the Network facilities to be relocated, and the .costs thereof shall be to the Network and shall be paid as provided in Section 5 hereof. Gaims for delay of work from contractors employed by the City that are a result of Network's failure to act within a reasonable time shall be the responsibility of the Network. In the case of Public Works projects, reasonable time shall be defined as the six week period from the date of the public hearing. The Network shall not place its facilities in the public property where the same will interfere with the normal use or maintenance of any public improvement, including but not limited to streets, alleys sidewalks, traffic control devices, sanitary sewers, storm sewers, storm drains or water mains, electrical transmission lines or any public utility facility. Network shall maintain a frve (5) foot.minimum horizontal clearance from any public utility, including water mains, storm sewers, sanitary sewers, and storm drains. The Network shall not place identification signs within the public right-of--way. Upon request, the Network agrees to assist in locating underground facilities which are part of its system. Such assistance will be provided in a timely manner, but not more than forty-eight (48) hours after the time of request. As a condition of this agreement the Network shall enroll as a member of the "Iowa One-Call System" and shall respond to all requests and notifications placed to the toll-free "One-Call" number. Installation, repair, or replacement work completed by the Network or any facilities requiring excavation of public property or public right-of--way shall require Network to restore and replace 3 surface vegetation with sod and conformance with City ordinances and in accordance with standard local practices for placing sod. SECTION 9. ABANDONED FACILITIES The Network shall notify the City when facilities are to be abandoned. The Network shall remove manholes, hndholes, vaults, overhead facilities and equipment related hereto from the right-of--way as required in conjunction with other right-of-way repair, excavation or construction unless this requirement is waived by the Director of Public Works. SECTION 10. POWERS OF CITY OF IOWA CITY Nothing in this agreement shall be construed to abridge the right or power of the City to make further regulations relative to the use of the streets, alleys and public property by anyone using the same for the installation and maintenance of utility systems, inducting, but not limited to, fees for use of public property. Any such further regulations shall apply to Network and to this agreement. SECTION 11. PLANS AND COORDINATION Upon completion of the work, the Network shall promptly furnish to the City copies of "as-built" plans related to its facilities located on public property. . The Network shall keep complete and accurate maps and records of the locations and operations of its facilities ,including buried abandoned facilities, in connedaon with this agreement. SECTION 12. VIOLATIONS OF AGREEMENT Upon evidence being received 6y the City that a violation or breach of this agreement is occurring or has occurred or that a violation of codes or ordinances lawfully regulating the Network in the operation of its facilities or the manner of use of public property either is occurring or has occurred (hereinafter referred to as a "default', the City shall cause an investigation to be made. If the City finds that a default exists or has occurred, the City may take appropriate steps to secure compliance with the terms of this agreement or the codes or ordinances. The City shall give written notice to the Network of the default, and the Network shall cure such default within thirty (30) calendar days after receipt of such notice; provided, however, where any such default cannot reasonably be cured within- such thirty (30) day period, and Network shall proceed promptly to cure the same and prosecute such cure with due diligence, the time for curing such default shall reasonably be extended for such period of time as may be necessary to complete such cure. If the City determines that a violation or breach of this agreement or codes or ordinances lawfully regulating the Network in the operation of its facilities is an immediate danger to public health, safety or welfare and requires immediate action, the City may provide written notice of said determination to Network and immediately remedy the default by doing the act itself, or through a contractor, and charge the costs of such work to the Network, 4 If the Network fails to cure a default within the time allowed, the City shall have the right to: r. seek specific performance; or ii. remedy the default by doing the act itself, or through a contractor, and charge the costs of such work to the Network; or iii. seek damages of such default; or iv. any combination of (i), (ii) and (iii). SECTION 13. LIABILITY, INDEMNIFICATION AND INSURANCE The Network covenants to indemnify, defend and save the City and its officers, agents and employees, harmless from any and all damages arising directly from the exercise of the rights granted herein. The Network agrees to require contractors and subcontractors engaged in work for the Network within the public right-of--way or public property to maintain insurance coverage during the term of their work and to provide the City with certificates of insurance satisfactory to City. SECTION 14. SEVERABILTCY In the event a court of competent jurisdiction shall adjudge any provision or provisions hereof invalid or illegal, or direct a change by the Network in any matter or thing herein contained, such invalidity, illegality or change shall be deemed severable and shall in no way affect the remaining provisions of this agreement or their validity or legality and this agreement in all other respects shall continue in full force and effect as if said provision or provisions had not been so adjudged invalid or illegal, or such change had not been directed. At the City's option, and upon a court's ruling of invalidity or illegality, the City may cause this agreement to be terminated. SECTION 15. ASSIGNMENT Neither party shall assign or otherwise transfer this agreement or any of its rights and interest to any firm, corporation or individual, without the prior written consent of the other party. SECTION 16. TERMINATION OF AGREEMENT AND VACATION OF STREETS AND ALLEYS The City may terminate this Agreement at any time upon thirty (30) days notice provided to Network, if the City determines that the properly or public right-of--way is needed for a public purpose and should be cleared of any and all obstructions. When not in conflict with other City purpose, need or use, as long as the Network exercises the rights granted to it hereunder, the City will not, by ordinance or otherwise, vacate any street, alley or public properly in which the Network has installed its facilities without reserving such rights as necessary to allow continued use of such property for the said facilities in accordance with the terms of this agreement, provided that nothing herein shall limit the City's right to require the Network to relocate its facilities as provided in Section 8 hereof. 5 SECTION 17. DELNERY OF NOTICES Except as may be expressly provided herein, any notices hereunder shall be in writing and shall be delivered via certified mail and addressed as follows, unless indicated otherwise in the future: If to City: Public Works Director City of Iowa City City Hall 410 E. Washington Street Iowa City, IA 52240 If to ICCSD: Director of Physical Plant Iowa City Community School District 1137 S. Riverside Dr. Iowa City, IA 52246 Provided, however, that in case of an emergency, notices may be given verbally to the above- named persons. In such case, written confirmation should be provided. Nothing contained herein shall prevent other forms of notice if actually received by addressee. Notice shall be deemed given on date of mailing in case of certified mail, or otherwise on the date actual notice is received. SECTION 18. RECORDATION This agreement shall be recorded in the Johnson County Recorder's Office, at Network expense. Dated this 6thday of October , 20og, CITY Approved by: City Attorney's Office IOWA CITY COMMUNITY SCHOOL DISTRICT By: Print Name: ~G~c1l _ e~ 6 Attest: City erk CITY OF IOWA CITY ACKNOWLEDGMENT STATE OF IOWA ) SS: JO N COUNTY ) On this of , 2007, before me, the undersigned, a Notary P in and for the State of ersonally appeared Ross Wilburn and Marian K. Karr, to a personally known, and, who, bein me duly sworn, did say that they are the Ma and City Clerk, respectively, of said municipa oration executing the within and foregoin nstrument; that the seal affixed thereto is the seal of s ' unicipal corporation; that said in ument was signed and sealed on behalf of said corporation by ority of its City Council, a ntained in Resolution No. and passed by the City Coun ' n the da f , 2007, and that Ross Wilburn and Marian K. Karr ackno ed the a ution said instrument to be the voluntary act and deed and the voluntary act and de id corporation, by it and by them voluntarily executed. Nota ublic in and for the State Iowa commission expires: NETWORK ACKNOWLEDGMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) On this j~ day of t 200$, before me the undersigned, a Notary Public in and for the State of Iowa, personally appeared haul ~be,1~ , to me personally known, and, who, being by me duly sworn, did say that he is the ~~or. `~ r~C,c e~ Adrri~n~s~-cai~~ ~:,~iufor the Iowa City Community School District; that the foregoing instrument was signed on behalf of the Iowa City Community School District, by a thority ;qf the Iowa City Community School District Board of Directors, and that ~,t,~,\ ~t`X~.p,~. acknowledged the execution of the instrument to be his voluntary act and deed and the voluntary act and deed of the Iowa Community School District, by it voluntarily executed. r~t~A4~ ~• ~~~ TERESAS. CRETIN Notary Public in and for the State of Iowa ~ Nu~ribat 7514 ~~ My commission expires: o'~ ~a811 ~' U:\PW\STAFF\Kim J\ROW Agreements\Temporary -Fixed\Fiber Optic\ICCSD#2.doc 7 CITY OF IOWA CITY ACKNOWLEDGEMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) On this 6 ~ day of ~~vBE2 ,2008, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Regenia D. Bailey and Marian K. Karr, to me personally known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council; and that Regenia D. Bailey and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of said municipal corporation, by it and them voluntarily executed. ,~~ is SONDRAE FORT r-Z~'6 _ ~ Commission Number 159791 Nota Public in and for the State of Iowa My Commission Expires ry . iow ~ ~ "µ8 ~~^ 11 Prepared by: Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. 08-302 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE WATER TREATMENT PLANT AUTOMATIC SOURCE TRANSFER PROJECT. WHEREAS, Price Industrial Electric of Hiawatha, Iowa has submitted the lowest responsible bid of $126,200 for construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above-named project is hereby awarded to Price Industrial Electric, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 3. The City Engineer is authorized to execute change orders as they may become necessary in the construction of the above-named project. Passed and approved this 6th day of ATTEST: ' CITY LERK It was moved by correi a _ and seconded by 0' Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey ~_ Champion x Correia x Hayek g O'Donnell ~ Wilburn X Wright pweng\res\WTAutoSourceTransfer.doc 9/08 City Attorneys Office9~~ld g NOTICE TO BIDDERS WATER TREATMENT PLANT AUTOMATIC SOURCE TRANSFER PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:00 P.M. on the 25th day of September, 2008. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 6th day of October, 2008, or at a special meeting called for that purpose. The Project will involve the following: Replacement of two bays in an existing metal- enclosed switchgear and implementation of automatic source transfer controls. All work is to be done in strict compliance with the plans and specifications prepared by P&E Engineering Co. of Carlisle, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of one (1) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Specified Completion Date: June 1, 2009 Liquidated Damages: $500 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of P&E Engineering Co., Carlisle, Iowa, by bona fide bidders. A $75 non-refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to P&E Engineering Co. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721 and the Iowa Department of Transportation Contracts Office at (515) 239- 1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK MM ~^I 0 12 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 08-303 RESOLUTION SUPPORTING THE DEVELOPMENT BY ANISTON VILLAGES LIMITED PARTNERSHIP BY COMMITTING TO A LOAN OF $282,000 FUNDED BY ISSUANCE OF BONDS AND AUTHORIZING THE MAYOR TO SIGN A LETTER OF SUPPORT TO FULFILL THE THRESHOLD REQUIREMENTS OF THE LOW INCOME HOUSING TAX CREDIT APPLICATION. WHEREAS, The Housing Fellowship, as general partner, has formed the Aniston Village Limited Partnership to purchase land to construct 22 single-family units of affordable rental housing; WHEREAS, said lots are located at 1062 Chamberlain Drive, 1076 Chamberlain Drive, 351-353 Westbury Court, 341-343 Westbury Court, and a 5.21 acre infill in Mount Prospect Part IX directly south of Lakeside Drive across from Grant Wood Elementary School; WHEREAS, The Housing Fellowship set up the limited partnership because this project will be financed in part with tax credits, and tax credits can only be awarded to for profit entities; WHEREAS, as part of its application for tax credits, Aniston Village Limited Partnership requests a commitment by the City of a 20-year loan of $282,000 amortized over 20 years financed through the issuance of bonds; and WHEREAS, it is in the best interest of the City to support this affordable housing project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City supports the proposed 22-unit development by Aniston Village Limited Partnership. 2. The City commits to granting a 20-year loan of $282,000 amortized over 20 years to Aniston Village Limited Partnership in 2009 or 2010 to be financed through the issuance of bonds. 3. Interest on said loan will be determined at the time the bonds are issued. If the loan closed today, the annual rate would be approximately 5.25%. 4. The loan agreement with Aniston Village Limited Partnership shall be approved by the City Council. 5. The loan commitment is premised on the recitals in this resolution, and if a fact listed in any recital changes, the City in its sole discretion may rescind its commitment by resolution. Resolution No. 08-303 Page 2 Passed and approved this 6th day of October , 2008. ATTEST: CITY LERK C j n M Approved b I~~r<-off City Attorney's Office Resolution No Page 3 08-303 It was moved by Correia and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: x x NAYS: ABSENT: X X ~- x ~- Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic. doc (~ ^;,,r,®~ CITY OF IOWA CITY ~ ~~~~~~~ ~~~~~ N D u M EMCJRA M TO: City Council ~ t'r FROM: Tracy Hightshoe, Associate Planner DATE: October 1, 2008 RE: Bond Issuance for the Aniston Villages Limited Partnership City Council allocated $545,772 in FY08 and FY09 HOME funds to The Housing Fellowship to develop 22 single family units of affordable rental housing located at 1062 and 1076 Chamberlain Drive, 351-353 Westbury Court, 341-343 Westbury Court, and 16 lots in the Mount Prospect Addition Part IX, a 5.21 acre infill development directly south of Lakeside Drive, across from Grant Wood Elementary. The Housing Fellowship will submit a Low Income Housing Tax Credit Application to secure a significant portion of the financing needed to construct the 22 units. The Housing Fellowship, as general partner, formed the Aniston Villages Limited Partnership, a for profit entity as tax credits may only be awarded to for profit entities. The Aniston Villages Limited Partnership requests a $282,000 loan from the Council to be financed through general obligation funds. The amount of general obligation funds represents the difference between the total project cost and the anticipated sources that will be received for this project. The interest rate will be determined at the time the bonds are issued and will be repaid over 20 years. The project will remain affordable for 20 years. The loan is not needed until 2010; however The Housing Fellowship must secure the commitment and include it in their Low Income Housing Tax Credit application due October 31, 2008. If there are any questions, please contact Steve Long or Tracy Hightshoe at 356.5230. 13 Prepared by: Gary Cohn, ITS, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5430 RESOLUTION NO. 08-304 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE FINANCE DEPARTMENT BY DELETING ONE FULL-TIME PC DESKTOP ANALYST POSITION, PAYGRADE 27; DELETING ONE FULL-TIME PC/COMMUNICATIONS TECHNICIAN POSITION (PAYGRADE 25); ADDING ONE FULL-TIME SYSTEMS ENGINEER POSITION, PAYGRADE 28; AND ONE FULL-TIME VOICE AND DATA NETWORK ANALYST POSITION, PAYGRADE 28 WHEREAS, Resolution No. OS-63 adopted by the City Council on March 4, 2008 authorized permanent positions in the Finance Department for FY09; and WHEREAS, Resolution No. 07-134 adopted by the City Council on April 16, 2007 established a classification/compensation plan for Administrative employees; and WHEREAS, the Information Technology Services Division recognizes the changing requirements and needs of City Information Technology; and WHEREAS, Information Technology Division management recognizes the need to modify staffing to meet the changing needs; and WHEREAS, as a result of increasing technological complexities, it has been determined that the City will be better served by deleting the PC Desktop Analyst position and one PC/Communications Technician position, and creating one Systems Engineer position and one Voice and Data Network Analyst position. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The budgeted positions in the Information and Technology Services Division of the Finance Department are hereby amended by 1. The deletion of one PC Desktop Analyst position 2. The deletion of one PC/Communications Technician position 3. The addition of one Systems Engineer position 4. The addition of one Voice and Data Network Analyst position The Administrative pay plan is hereby amended by 1. The deletion of one PC Desktop Analyst position, grade 27 2. The deletion of one PC/Communications Technician position, grade 25 3. The addition of one Systems Engineer position, grade 28 4. The addition of one Voice and Data Network Analyst position, grade 28 Passed and approved this 6th day of October , 20 08 Iv~rry~gC 'v/ / Ap ved'b~ , ~~ ~ ATTEST: ~ i~~L'~/ ~~(.`t,2 f' CI LERK ity Atto ey's ffrce ~~ finadm/res/ITS10-08.dx /~ -1 ~~ Resolution No. 08-304 Page 2 It was moved by 0' Donnell and seconded by adopted, and upon roll call there were: AYES: NAYS: x x X ~- x x x Hayek the Resolution be ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic.doc l~ ~ r ~~~~'"~ '~®~~~~ CITY OF IOWA CITY MEMORANDUM Date: October 1, 2008 To: City Council From: Gary Cohn, ITS Coordinator Re: Position changes for Information Technology Services division As personnel vacancies occur in its work group, the Information Technology Services division (ITS) historically takes that opportunity to re-assess its staffing needs and strategy to how best allocate its resources to serve its customers. A recent vacancy in one position (PC Desktop Analyst) triggered such an assessment of staffing, and the following changes are recommended. Recommendation #1: Delete PC Desktop Analyst (Grade 27)/Replace with Systems Engineer (Grade 28) In this past year, ITS has implemented advanced technologies in Server Virtualization, Storage Area Network, Citrix remote access environment, as well as automation for desktop administration. Current staffing in ITS has 2'/z PC technicians to administer desktop computer support. The PC Desktop Analyst position was designated as a lead desktop- support position. As ITS has implemented these new technologies, and automated more of the desktop administration, Senior Systems Engineer Mike Harapat identified that the City would be best served by deleting this position and adding a Systems Engineer position. This position requires a high degree of technical skill and knowledge, and will also serve as a backup to the Senior Systems Engineer. This change in job focus will not detract from desktop end-user support, and will supply needed depth to support ever-increasing and technically demanding functions in network support. Recommendation #2: Delete one PC/Communications Technician (Grade 25)/Replace with Voice & Data Network Analyst (Grade 28) The City maintains high-speed data and telephony networks, as well as approximately 14 miles of fiber optic cable. These networks connect the majority of City facilities, and have enabled seamless data and telephony access at all connected City buildings. Since installation, there have been many instances of changes in the fiber network, including moving fiber because of new projects, as well as expansion of the fiber plant. ITS is also beginning to roll-out technology such as Voice over Internet Protocol (VoIP) telephony. VOIP technology would reduce the City's use of phone lines which would result in cost savings. The existing PC/Communications Technician position is a split position with '/2 time being in Desktop Support and '/z time assigned to Communications work. The incumbent in this position has assumed a much larger role in actual management of the data and telephony networks, as well as actual phone switch programming. This is allowing the City to save money by handling complex moves/additions/changes in-house as opposed to utilizing outside contractors. This has lead to very fast response times for telephone and data moves, additions, and changes, as well as better customer service to ITS customers. I believe the City would be best served by deleting the PC/Desktop Analyst position and adding a Voice and Data Network Analyst position. October 1, 2008 Page 2 Both new positions would be positioned at increased grades in the Pay Plan, to reflect the value that these positions bring to the organization, and also the high demand for such skills in the job market. Please contact me at 356-5430 if you have any questions on this proposal. "t~ 14 Prepared by: Karen Jennings, Personnel, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5025 RESOLUTION NO. 08-305 RESOLUTION AMENDING THE AFSCME PAY PLAN BY RECLASSIFYING THE POSITION OF BODY REPAIR MECHANIC FROM GRADE 10 TO GRADE 12. WHEREAS, Resolution No. 07-163 adopted by the City Council on May 14, 2007, established a classification/compensation plan for AFSCME employees; and WHEREAS, a written request was made for review of the classification of the position of Body Repair Mechanic as allowed under the AFSCME collective bargaining agreement; and WHEREAS, the AFSCME Classification Review Committee has reviewed the duties and requirements of the Body Repair Mechanic position and determined that they are comparable to those of positions in pay grade 12 of the AFSCME pay plan. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The AFSCME pay plan be amended by moving the position of Body Repair Mechanic from grade 10 to grade 12. Passed and approved this 6th day of October , 20 08 C~~" r Ad b ATTEST: CIT LERK City A ey's Offi 9 3d -dg It was moved by wriQht and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x x X X ~- x Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/humanrel/bodyrepaiRnech9-08.doc maa v 15 Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO. 08-306 RESOLUTION ON UNCLASSIFIED SALARY COMPENSATION FOR FISCAL YEAR 2009 FOR THE CITY ATTORNEY AND CITY CLERK. WHEREAS, the City of Iowa City, Iowa, employs the City Attorney and City Clerk subject solely to the action of the City Council referred to as unclassified personnel; and WHEREAS, it is necessary to establish salary compensation for the said unclassified personnel; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the following positions shall receive as salary compensation that amount which is set forth and where said employee shall receive or collect any fees or other compensation from others for services as such employee, the same shall be paid to the City Treasury. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the following compensation is hereby established effective July 1, 2008: Salary: City Attorney - $73,856.64 (60% FTE) City Clerk - $95,201.60 Passed and approved this 6th day of ATTEST: 2008. City Attorney's Office ad' It was moved by 0' Donnell and seconded by Hayek the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~_ Bailey x Champion X Correia ~_ Hayek g O'Donnell x Wilburn x Wright clerkVe s~salari es08.doc