HomeMy WebLinkAbout2004-04-20 Resolution 5c(6)
Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043
RESOLUTION NO. 04-108
RESOLUTION TO ISSUE CIGAREll'E PERMITS
WHEREAS, the following firms and persons have made application and paid the mulct tax
required by law for the sale of cigarettes,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT: the applications be granted and the City Clerk is hereby directed to issue a
permit to the following named persons and firms to sell cigarettes:
Goosetown Market - 600 B N. Dodge Street
Passed and approved this 20th day of Apri 1 ,20 04
Approved by
ClTY"'C-LERK ~i~ Attorney's O~fice '
It was moved by Champion and seconded by Ell iott the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319)356-5053
RESOLUTION NO. 04-109
RESOLUTION SETTING PUBLIC HEARING ON
AMENDING THE FY2004 OPERATING BUDGET,
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a public hearing will be
held in Harvat Hall, City Hall, at 7:00 p.m., May 18, 2004, or if said meeting is cancelled, at the
next meeting of the City Council thereafter as posted by the City Clerk, to permit any citizen to be
heard for or against the proposed amendment to the FY2004 Operating Budget.
The City Clerk is hereby directed to give notice of public hearing and time and place thereof by
publication in the Iowa City Press-Citizen, a newspaper of general circulation in Iowa City, not less
than ten (10) days and not more than twenty (20) days before the time set for such hearing.
Passed and approved this £0th day of Ape"ii ,2004.
Approved by
ATTEST:--~,~Z-L~.~' .~ /~..t.',.-''/ ~/'~"~- ~ '/'//--/'-OF
CITY'CLERK City Attorney's Office
It was moved by Champion and seconded by E]] 'iott the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
Se
Prepared b~ley, Finance Dire~or, 410 E. Washington St., Iowa City, IA 52240,
x,x~SOLUTION NO.___
RESOLU~N SETTING PUBLIC HEARING ON
AMENDING T~E FY2004 OPERATING BUDGET.
BE IT RESOLVED BY THE CITY couN~cLL' OF IOWA CITY, IOWA, tha ~ublic hearing will be
held in Harvat Hall, City Hall, at 7:00 p.m., M~4, 2004, or if said meetir cancelled, at the next
meeting of the City Council thereafter as pos~d~ by the City any citizen to be
heard for or against the proposed amendment to th~e~,~FY2004 O
The City Clerk is hereby directed to give notice of pub~ and time and place thereof by
publication in the Iowa City Press-Citizen, a newspaper of~! circulation in Iowa City, not less
than ten (10) days and not more than twenty (20) days time set for such hearing.
Passed and approved this day of , ,2004.
MAYO R '~ Approved by
CITY CLERK City Attorney's Office '
It was moved and seconded by the Resolution be
adopted, and
NAYS: ABSENT:
Bailey
Champion
Elliott
Lehman
O'Donnell
Vanderhoef
Wilburn
Prepared by: Ross Spitz, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356-5149
RESOLUTION NO. 04-110
RESOLUTION SE'I-rING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2004 PCC
PAVEMENT REHABILITATION PROJECT - DODGE STREET, DIRECTING CITY CLERK TO
PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID
PLANS ON FILE FOR PUBLIC INSPECTION.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the
construction of the above-mentioned project is to be held on the 4th day of May, 2004, at 7:00
p.m. in Emma Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next
meeting of the City Council thereafter as posted by the City Clerk.
2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing
for the above-named project in a newspaper published at least once weekly and having a
general circulation in the City, not less than four (4) nor more than twenty (20) days before
said hearing.
3. That the copy of the plans, specifications, form of contract, and estimate of cost for the
construction of the above-named project is hereby ordered placed on fife by the City
Engineer in the off~ce of the City Clerk for public inspection.
Passed and approved this 20th day of Apr11 2004.
Approved by
CIT'C~LERK Cit~ ,~,ttorney's Office
It was moved by Champion and seconded by E]'I i ott the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
pwe n g/res,'s2004pavem e nt o\p roi .doc
Z/04
Prepared by: Eleanor Dilkes, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 04-].].1
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO Al-rEST A CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA
CITY AND THE CITY OF AMES FOR HUMAN RIGHTS INVESTIGATIVE
SERVICES
WHEREAS, Chapter 14 of the Ames Municipal Code and Chapter 2 of the Iowa City Municipal
Code prohibit certain discriminatory practices and set forth procedures to enforce the anti-
discrimination provisions; and
WHEREAS, the City of Ames ("Ames") and the City of Iowa City ("Iowa City") prohibit
discrimination based on sexual orientation and the State of Iowa does not provide similar
protection; and
WHEREAS, it is mutually beneficial for Iowa City and Ames to cooperate, and enforce the other
community's anti-discrimination ordinance when a conflict of interest prohibits the investigation of
a complaint and/or enforcement of the Iowa City Human Rights Ordinance or Ames Human
Relations Ordinance; and
WHEREAS, when a conflict of interest exists it is in the best interest of the parties to share
investigative and enforcement services whenever possible, for the mutual benefit of citizens in
Iowa City and Ames; and
WHEREAS, Chapter 28E.12 Code of Iowa permits local public agencies to contract with one or
more public agencies to perform any governmental service the agencies entedng into the contract
are authorized by law to perform.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The Mayor and the City Clerk are hereby authorized to execute in triplicate the
attached Chapter 28E Agreement with the City of Ames, and said agreement is hereby
approved as to form and content, and is found to be in the best interests of the citizens
of Iowa City, Iowa.
2. The City Clerk is hereby authorized to forward all three original executed resolutions
and agreements to the offices of the City of Ames, for approval and execution by the
City of Ames, recording with the Office of the Story County Recorder, filing with the
Iowa Secretary of State, and returning of one fully executed copy to the City Clerk of
Iowa city for recording with the Johnson County Recorder, with each City paying the
cost of recording with its county recorder and filing costs with the Secretary of State to
be shared by the two dries.
Passed and approved this 20th day of .~_~ri.~~..~...,~,. 1 _ ,20 04 ·
CI~ERK City Attomey's Office
Resolution No. 04-111
Page 2
It was moved by Champi on and seconded by E]] i ott the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
~ Wilbum
DO NOT WRITE IN THE SPACE ABOVE THIS LINE, RESERVED FOR RECORDER
Prepared by: John R. Klaus, Cit~ of Ames Lc[al Department, 515 Clark Avenue, Ames, Iowa 50010 (Phone: 515-239-51467
CHAPTER 28E AGREEMENT
FOR HUMAN RIGHTS INVESTIGATIVE SERVICES
BETWEEN THE CITY OF IOWA CITY AND THE CITY OF AMES
This Agreement is made and entered into by and between the City of Iowa City, Iowa ("Iowa City"),
and the City o fAmes, Iowa ("Ames"), both municipal corporations, sometimes collectively referred
to as "Parties".
WHEREAS, Chapter 14 of the Ames Municipal Code and Chapter 2 of the Iowa City Municipal
Code prohibit certain discriminatory practices and set forth procedures to enforce the anti-
discrimination provisions; and
WHEREAS, the City of Ames and the City of Iowa City prohibit discrimination based on sexual
orientation and the State of Iowa does not provide similar protection; and
WHEREAS, it is mutually beneficial for Iowa City and Ames to cooperate, and enforce the other
community's anti-discrimination ordinance when a conflict of interest prohibits the investigation of
a complaint and/or enforcement of the Iowa City Human Rights Ordinance or Ames Human
Relations Ordinance;
WHEREAS, when a conflict of interest exists, it is in the best interests of the Parties to share
investigative and enforcement services whenever possible, for the mutual benefit of citizens in Iowa
City and Ames.
WHEREAS, Chapter 28E.12 Code of Iowa permits local public agencies to contract with one or
more public agencies to perform any governmental service the agencies entering into the contract
are authorized by law to perform;
NOW, THEREFORE, in consideration of their mutual promises herein, the City of Ames and the
City of Iowa City agree as follows:
1. The City of Iowa City and the City of Ames acknowledge that the Municipal Codes
of each City, respectively, provide protection against discrimination based on sexual
orientation, while the Iowa Civil Rights Act does not.
2. Iowa City and Ames further acknowledge that when a conflict of interest arises and
City staff is unable to investigate allegations of discrimination because of that
conflict, the Iowa Civil Rights Commission may not be able to investigate that
complaint.
3. To provide protection to citizens of Iowa City and Ames, the Parties agree more
specifically as follows:
a. ' The Iowa City Human Rights staff may investigate and/or enforce Chapter 14
of the Municipal Code of Ames if a conflict of interest prevents Ames from
investigating and/or enforcing its anti-discrimination ordinance and the
complaint is outside the jurisdiction of the Iowa Civil Rights Commission.
b. The Ames Human Relations Investigation and Conciliation Officers may
investigate and/or enforce Chapter 2 of the Iowa City Municipal Code if a
conflict ofintercst prevents Iowa City from investigating and/or enforcing its
anti-discrimination ordinance and the complaint is outside the jurisdiction of
the Iowa Civil Rights Commission.
c. The Parties to the agreement shall adopt policies and procedures for
reimbursement of actual and necessary expenses incurred during an
investigation.
i. When Ames is investigating a complaint for Iowa City, Iowa
City shall pay all expenses incurred by Ames in accordance
with the expense reimbursement policy of Ames.
ii. When Iowa City is investigating a complaint for Ames, Ames
shall pay all expenses incurred by Iowa City in accordance
with the expense reimbursement policy of Iowa City.
d. This Agreement shall be for a period of one (1) year effective January 15,
2004. This Agreement shall be automatically renewed for additional periods
of one (1) year each, on th,e same terms and conditions herein, unless either
party gives the other party written notice to terminate the agreement sixty
(60) calendar days prior to January 15 of each successive year. However, this
Agreement shall not extend beyond January 15, 2009, without review and re-
execution of a new agreement, together with re-recording of said updated
agreement.
e. This Agreement shall not be assigned.
f. Notices under this Agreement shall be sent by regular mail to the City Clerk
of each City at their regular mailing addresses and shall be deemed delivered
upon the date of mailing. Further, all amendments or addenda shall be in
writing and duly executed by proper authority of each municipal corporation
named herein.
2
4. This Agreement shall conform to the requirements of Chapter 28E Code of Iowa.
Dated this ~7~ day of <.~t.L~4~ ,2004.
THE CITY OF IOWA CITY, IOWA THE CITY OF AMES, IOWA
By:~ By:~~ .~
Ernest W. Lehman, Mayor ' Ted T6desco, Mayor
Attest:
~arian K. Kart, City Clerk Diane R. Voss, City Clerk
Approved by:
Iowa City, City Attorney's Office /~es City A-t{or~y s Office' ~ r /
Iowa City and Ames Human Rights Investigative Services 28E Agreement, 111003.wpd
rev. 040504
3
Ci,ty Clerk's Office
515 Clark Avenue, P. O. Box 811
~,~ Ames, IA 50010
~t*~,~ ~e~ Phone: 515-239-5105
Fax: 515-239-5142
June 9, 2004
Mr. Chet Culver
Secretary of State
State Capitol
Des Moines, Iowa 50312
Dear Mr. Culler:
For filing, enclosed please find Resolution No. 04-236 approving the Agreement between the City
of Iowa City and the City of Ames for Human Rights Investigative Services with the 28E
Agreement and Iowa City Resolution No. 04-111 attached thereto.
Thank you for your attention to this matter. If you have any questions, please contact me.
Sincerely,
Diane Voss
City Clerk
/dry
Enclosure/Attachments
--
Clerk's Office
515 Clark Avenue, P. O. Box 811
Ames, IA 50010
Phone: 515-239-5105
Fax: 515-239-5142
June 9, 2004
Susan Vande Kamp, Story County Recorder
Story County Courthouse
P.O. Box 55
Nevada, IA 50201
Dear Sue:
Please record the following enclosed document(s) and return to the City Clerk's office:
Chapter 28E Agreement for Human Rights Investigative Services between the City of Iowa
City and the City of Ames
Resolution No. 04-236 adopted by the City of Ames approving the 28E Agreement
Resolution No. 04-111 adopted by the City of Iowa City approving the 28E Agreement
If you have questions, please contact me. Thank you for your assistance.
Sincerely,
Diane Voss
City Clerk
/drv
losures ~3
Enc ,:
¢ -
RESOLUTION NO. 04-236
RESOLUTION APPROVING 28E AGREEMENT WITH
CITY OF IOWA CITY FOR
HUMAN RIGHTS INVESTIGATIVE SERVICES
FOR THE CITY OF AMES
WHEREAS, Chapter 14 of the Ames Municipal Code and Chapter 2 of the Iowa City Municipal Code
prohibit certain discriminatory practices and set forth procedures to enforce the anti-discrimination provisions;
and,
WHEREAS, the City of Ames ("Ames") and the City of Iowa City ("Iowa City") prohibit
discrimination based on sexual orientation, however, the state of Iowa does not provide similar protection; and,
WHEREAS, it is mutually beneficial for Iowa City and Ames to cooperate and enforce the other
cornmtmity' s anti-discrimination ordinance when a conflict of interest prohibits the investigation of a complaint
and/or enforcement of the Iowa City Human Rights Ordinance or Ames Human Relations Ordinance; and,
WHEREAS, when a conflict of interest exists, it is in the best interest of the parties to share
investigative and enforcement services whenever possible for the mutual benefit of citizens in Iowa City and
Ames; and,
WHEREAS, Chapter 28E. 12 Code of Iowa permits local public agencies to contract with one or more
public agencies to perform any governmental service the agencies entering into the contract are authorized by
law to perform.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ames, Iowa, that:
1. The Mayor and the City Clerk are hereby authorized to execute in triplicate the attached
Chapter 28E Agreement with the City of Iowa City and said Agreement is hereby approved as
to form and content and is found to be in the best interests of the citizens of Ames, Iowa.
2. The City Clerk is hereby authorized to forward a fully executed original Resolution and
Agreement to the Story County Recorder and to the Iowa Secretary of State and to forward one
fully executed copy to the City Clerk of Iowa City for recording with the Johnson County
Recorder. Each city shall pay the cost of recording with its County Recorder. The filing costs
with the Secretary of State shall be shared by the two cities.
ADOPTED THIS 8~h day of June, 2004.
Diane R. Voss, City Clerk Ted Tedesco, Mayor
Introduced by: Cross
Seconded by: Mahayni
Voting aye: Cross, Goodman, Mahayni, Vegge, Wirth
Voting nay: None Absent: Goodhue
Resolution declared adopted and si~ed by the Mayor this 8~ day of June, 2004.
Prepared by: Steve Nasby, PCD, 410 E. Washington Street, Iowa City, IA 52240 319-356-5248
RESOLUTION NO. 04-112
RESOLUTION ADOPTING THE 2004 ECONOMIC DEVELOPMENT STRATEGY FOR
THE CITY OF IOWA CITY, IOWA
WHEREAS, the Iowa City City Council has determined that it would be in the public's interest to
establish a strategy to guide the community's economic development activities; and
WHEREAS, members of the public and community organizations have been provided the
oppodunity to comment on the document entitled "2004 Economic Development Strategy"; and
WHEREAS, the 2004 Economic Development Strategy is consistent with the Iowa City
Comprehensive Plan; and
WHEREAS, the 2004 Economic Development Strategy will be used to assist the City Council's
future economic development decisions.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. It is in the public interest to formally adopt a strategy to guide economic development
decisions in the City of Iowa City.
2. The "2004 Economic Development Strategy" attached hereto and incorporated heroin in its
entirety by this referonce be and is hereby adopted.
Passed and approved this 20th day of April ,20 ~)4 ·
Ap, proved by
ATTEST: ~)'~.~.~.) 2~-/~/~.t.-') .~'~.~._.~.~~
ppdadm/res/04ecodev.doc
Resolution No. 04-112
Page 2
It was moved by Champi on and seconded by E11 i ott the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
2O04
Economic Development
Strategy
CITY OF I0 WA CITY
April 2004
Economic Development Strategy
Over the last two years the State of Iowa has drastically cut funding for cities by eliminating local
government aid, reducing funding for programs, rolling back taxable values, and retaining revenues
formerly shared with local governments. These actions have had a great impact on the City's
ability to deliver services as many of the City's services to its citizens are financed from the
General Fund. In addition, citizen expectations for our existing services are high and consequently
the City is continually under pressure to expand, modernize or offer new products even as local
and state budgets are shrinking.
The options the City has to obtain the revenues necessary to meet these needs and desires of
Iowa City residents is limited by State law regarding taxation. The primary revenue source that is
available to cities is property taxes. Even if a City Council was willing to raise property taxes, for all
practical purposes this is not possible due to State regulated property tax levy limits. Because of
the structure of the Iowa property tax system, commercial and industrial development is the most
fiscally advantageous development for local governments. This document proposes a policy for
sustaining the actions the City has started and instituting a more aggressive, targeted and
proactive role on the part of the City government to encourage and facilitate commercial and
industrial development in Iowa City.
To build upon the successes of the last few years, and to continue development within the
commercial and industrial sectors, it is important to strengthen and enhance the Economic
Development Strategies put forth in 1999 and enable growth for the future. Prioritizing economic
development within City government is not a suggestion to pursue "expansion at any cost" policies
but to approach commercial and industrial growth in a managed way.
This document addresses economic development opportunities from the perspective of three of the
most common strategies of economic development: business retention & expansion, business
attraction, and entrepreneurship (others opportunities being: tourism/conventions, downtown
development, and workforce development). Focusing on business retention & expansion, business
attraction, and entrepreneurship will provide Iowa City with the highest degree of success and
return on investment.
Prior to developing an action plan for these specific areas, we need to evaluate progress made on
three issues that impact the success of our economic development efforts. These issues are the
relationship between ICAD's economic development activities and the City's economic
development goals; perceptions of the City's business-friendly attitude; and the resources directed
toward economic development activities.
Iowa City Area Development Group. The City's partnership with ICAD has been greatly
enhanced since 1999. ICAD is doing an excellent job of promoting the greater Johnson County
area. Since ICAD serves more than one community in Johnson County, ICAD cannot promote one
specific area over another. When a prospect considers sites in more than one Johnson County
community, ICAD does not advocate only for Iowa City. Over the last few years a different
relationship with ICAD has emerged in which information is shared and joint activities are
commonplace. Depending on the circumstance, either City staff or ICAD can assume the role as
the lead economic development agency when working with a business expansion or a new
prospect. Working with prospective new businesses and expanding existing businesses currently
reflects the City's more active role.
A Business Friendly Community. A continued perception exists locally that Iowa City could be
more business friendly. This perception is disputed by a number of nationally recognized sources
which have repeatedly named Iowa City as one of the best small cities in America to do business.
This is evidenced by the 2003 Milken Institute Study that ranked Iowa City the #1 Small
Metropolitan Area in the United States for Business and Career Growth. In July ;)003, Expansion
Magazine ranked Iowa City as the 11th best metropolitan area in the nation for companies looking
to expand. It is clear that we should focus on marketing Iowa City and promote our successes to
reverse the perception that Iowa City is not a "business friendly community".
Quality of life is an important factor for locating or expanding businesses and Iowa City's reputation
for being a leader in this area is beneficial. For Iowa City to keep its high quality of life and remain
competitive as a community people choose to live in, we must be constantly reminded of the need
to grow the commercial and industrial sectors to expand the tax base in order to be able to afford
the amenities and services our residents desire and provide jobs. Expanding the commercial and
industrial tax base does not mean the community will lose its unique character as long as the new
development occurs in a way that is consistent with and respectful of existing development and
meets the goals of the community as expressed in the Comprehensive Plan. By undertaking and
promoting the planning process we are continually keeping community quality and economic
development issues before us as important issues.
According to the Iowa City Business Survey that was completed in 2001, municipal regulations and
their implementation by city staff needed to become more sensitive to facilitating and regulating
new development in the community. Some of this will be done with the adoption of the new
development code in 2004. We must continually review how we approach development in the
community to balance the goals of a quality community and industrial and commercial
development.
The City Council and the Economic Development Committee have worked to set the tone for a
new approach to encouraging development. This has been successful and a number of new
projects have been approved.
Resources Available for Economic Development,
The City of Iowa City has a number of tools available to assist economic development efforts.
These tools include Tax Increment Financing (TIF), Tax Exemptions or Tax Abatement, CDBG
Funding, bonds or other city funding resources. Marketing and using these tools to assist business
growth is key to furthering the City's economic development efforts. As such, an expanded
proactive and more aggressive economic development program will require additional resources to
implement an expanded program.
Actions for a Stronger Economic Development Role for the City
The following lists actions we can reasonably take in selected, key areas of economic development
to implement a more aggressive approach to economic development and to build the City's future
tax base:
Retention & Expansion
· ICAD will conduct business retention surveys and gather information about existing
businesses. Iowa City staff will work with ICAD to evaluate the satisfaction with governmental
and area support services, explore company growth plans, and offer assistance where
appropriate.
· Complete and implement the new City Development Code.
· As needed, consider changes to the City's regulatory process.
· Propose redevelopment plans and/or invest in public spaces in areas of the community, such
as South Riverside Drive, Towncrest, South Gilbert Street, North Dodge Street and the
Muscatine\First Avenue commercial areas.
· If approved, support the SSMID and encourage identification of potential market niches in the
downtown.
· Refine a comprehensive package of tax incentives and/or a revolving loan fund for Iow-interest
loans for economic development projects.
· Continue to utilize tax or other incentives to increase the tax base through new construction of
facilities and/or additions to existing improvements.
· Promote quarterly business breakfasts, hosted by the City or with other partners.
Business Attraction
· Prepare materials that specifically market and promote Iowa City as a prace to do business and
live.
· Continue to participate with economic development partners (e.g. ICAD, Chamber of
Commerce, MidAmerican and University of Iowa) to post site information on commercial and
industrial spaces in Iowa City.
· Upgrade the City's ability to provide site and other information electronically to prospective
companies.
· Proactively work with realtors to make them aware of Iowa City's positive economic climate.
· Increase Public Relations to promote Iowa City through mailings, press releases, web and
other avenues. Promote Economic Development success stories and activities.
· Continue to utilize tax or other incentives to increase the tax base through new construction of
facilities and/or additions to existing improvements.
· Support educational and outreach efforts to youth so they will remain in the area. Market job
opportunities to post-secondary students, GenXers and others.
· Build and enhance the City's relationship with commercial and industrial developers and
property owners in order to improve opportunities for development projects within Iowa City.
Work pro-actively with landowners and developers to solicit and plan for
commercial\industrial\office growth.
· Plan, zone and/or annex land for future industrial park land in southeast Iowa City and near
other major transportation corridors (e.g. 1-80, Hwy 218, Hwy 6 and Hwy 1 ).
· Work with the IDED, IDOT and the railroad(s) to extend rail spurs within existing or new
industrial areas.
· Encourage expansion of office and/or office research park space through zoning and/or
annexation in NE Iowa City.
· Market the availability of new commercial\industrial properties along the Mormon Trek
extension and the Aviation Commerce Park.
· Construct an industrial speculative building independently or with a private sector partner.
· Take an increasingly active role in marketing and promoting Iowa City through cooperative
efforts with ICAD, Chamber of Commerce, CVB, IDED, and MidAmerican Energy and other
regional economic development interests.
· Proactively pursue federal and state funding for economic development projects and
infrastructure.
· Evaluate the need and, if necessary, plan for new commercial cores in the community in
coordination with the district planning process.
Entrepreneurship
· Continue financial assistance programs for start-up businesses or small business expansion by
using CDBG funds.
· Help develop a privately funded Iow-interest loan program for targeted businesses.
· Periodically re-evaluate the incubator concept, and when appropriate, pursue development.
· Discuss with the University of Iowa the possibilities of developing a
commercial\industrial\research park based on the "Oakdale" model.
· Work with the Small Business Development Center, Institute for Social and Economic
Development and the Pappajohn Center to facilitate the creation of new businesses.
· Develop relationships with the University of Iowa Office of Research to collaborate on activities
related to technology transfer and commercialization.
· Partner with ICAD regarding relationships with businesses at Oakdale and the University's
Technology Innovation Center (TIC) and determine spin-off business opportunities in Iowa City.
Future Economic Development Work Program
City of Iowa City Economic Development Division
Retention & Expansion
Work with ICAD to evaluate and coordinate information collected through their annual
business retention survey. Continue to evaluate satisfaction with governmental and area
services, explore company growth plans, and offer assistance where appropriate.
· Partner with ICAD on their business retention surveys and interviews. Summarize findings and
act to address outstanding issues.
· Follow-up on issues of concern to Iowa City businesses.
· Maintain outreach to businesses through one-on-one site visits by the Council Economic
Development Committee and staff.
· Periodically, conduct a business retention survey process ($2,500-$3,000).
Implement the City's New Uniform Development Code
· Maintain an on-going evaluation and consideration of changes to the City regulatory process
dealing with commercial and industrial projects.
· Reduce "red tape" and streamline processes.
Develop area redevelopment plans and/or invest in public spaces in areas of the
community, such as South Gilbert Street, North Dodge Street, S. Riverside Drive,
Muscatine~First Avenue and the Towncrest areas.
· Conduct meetings with property owners and tenants in these areas to determine the level of
redevelopment and/or investment in public spaces.
· Review current zoning and land use patterns. Rezone property if needed.
· Consult with public works staff to prepare public improvement design plans or redevelopment
concepts and plan for such projects within the Capital Improvements Plan.
· As needed, construct physical public improvements\infrastructure.
· Consider applying for Vision Iowa, Community Attraction & Tourism and/or other funds from the
State of Iowa.
Support a retail and office market analysis to identify potential retail and office market
niches in defined commercial areas.
· If approved, support the CB-10 SSMID and encourage the identification of potential market
niches in the downtown.
· Work with the Chamber of Commeme, business and property owners in retail/office areas to
convey information from market study and develop strategy to act on results.
Establish a comprehensive package of tax incentives and/or a revolving loan fund for Iow
interest loans for economic development projects.
· Continue to utilize tax or other incentives to increase the tax base through construction of new
facilities and/or additions to existing improvements.
· Encourage the use of existing tax exemption areas downtown to assist owners with renovations
or redevelopment that will increase the tax base.
· Pursue the development of a fa~;ade renovation Iow-interest loan program for buildings in
targeted areas and support the use of State and Federal resource that may be available
including Historic and Rehabilitation Tax Credits.
Business Attraction
Prepare materials that specifically market and promote Iowa City as a place to do business
and live.
· Meet periodically with ICAD/CVB/Chamber of Commerce to review materials already available
to determine what supplemental materials are required.
· Prepare supplemental marketing materials specifically promoting Iowa City and why it is a good
place to do business. ($2,000-3,500)
· Update and link the City's web site to provide additional information, and promotional items to
highlight the City's economic development activities.
Enhance the City's relationship with commercial and industrial developers and property
owners in order to improve opportunities for development projects within Iowa City.
· Develop contacts with area commercial/industrial developers and property owners.
· Host a workshop for area commerciar/industrial developers and property owners (modeled after
the District Planning process) to engage them in proactive planning for commercial and
industrial areas.
Plan for new future industrial parks adjacent to major transportation corridors and the
expansion of the Scott-Six industrial park in southeast Iowa City.
· Identify potential industrial sites, contact property owners and begin preliminary discussions.
· Consider acquiring land for future city-owned or public-private partnership in an industrial park.
· Identify development costs and resources for new or expanded infrastructure capacities in
industrial areas.
· Work with property owners, the railroad and state agencies to extend rail spurs in iowa City.
Construct a speculative industrial building.
· Identify a location for speculative building.
· Prepare a proposal for a city/private sector partnership or partnership with the University of
Iowa.
· Construct a specuJative building of 20,000 square feet or larger. ($1.5-$1.75 million)
Develop a p/an for new or expanded future office and research park land in northeast iowa
City.
· Utilize existing transportation infrastructure (I-80, Highway 1, Scott Blvd and First Avenue) to
identify potential sites begin discussions with property owners.
· Identify development costs of needed infrastructure for new office\research areas.
· Explore the possibilities of extending fiber optic, wireless or other communication
enhancements to facilitate the location and expansion of information based companies.
Continue an active role in marketing and promoting Iowa City through cooperative efforts
with ICAD, IDED, the University of Iowa and MidAmerican Energy.
· City staff to participate with ICAD, the State of Iowa and others in the development of prospect
proposals and prospect site visits.
· Plan and host regular meetings with UI officials (e.g. Business College, Medical School,
Pharmacy, Research and Technology).
· Use MidAmerican programs and incentives to enhance Iowa City's marketing and other
economic development efforts.
· In conjunction with ICAD, include Council Economic Development Committee members to
visits with major employers in the community as requested.
Participate in "Sell Iowa" trips with the Iowa Department of Economic Development ($2,000-
$3,000).
Evaluate the need and plan for, if necessary, new commercial cores in the community.
· As part of the retail\office market analysis, comprehensive planning and/or district planning
processes, identify need for future commercial cores.
· Development of redeveloped or expanded commercial cores at Towncrest and North Dodge
Street.
· If necessary, rezone property for future commercial cores.
Entrepreneurship
Encourage the development of a Business Information Center through exploring the
creation of a one-stop business development facility.
· Encourage co-locating a Business Information Center with the Small Business Development
Center, Institute for Social and Economic Development, SCORE, and other business
development groups
· Preferably locate in a high-visibility street level location.
Develop a financial assistance program for start-up businesses using CDBG funds and
develop a Iow-interest loan program for targeted businesses.
· Continue and promote the CDBG Economic Development Fund.
· With assistance from the Small Development Business Center and the Institute for Social and
Economic Development, work with area banks to create a privately funded Iow interest loan
program to promote the creation and expansion of small businesses.
Periodically re-evaluate the incubator concept, and when appropriate, pursue the
development of one in Iowa City.
· Upon direction from the Council Economic Develol~ment Committee, explore the incubator
concept.
· Work with the University of Iowa to develop a high tech inventor incubator on campus.
· Per[orm a feasibility study outlining the framework for establishing an incubator, if the decision
is to proceed.
Develop a relationship with the businesses at the TIC Center and directors at the National
Advanced Driving Simulator to determine spin-off business opportunities in Iowa City.
· Periodically contact the TIC Director to discuss Iowa City's role in working with the TIC Center
businesses. Hold individual meetings with TIC businesses as needed.
· Prepare marketing materials specifically targeted towards TIC businesses and NAbS spin-off
businesses.
This work program outlines numerous activities and projects that may be undertaken. However, if
the City budget mandates the continuation of a .5 FTE Economic Development Coordinator, the
tasks will have to be prioritized by the Council Economic Development Committee and City
Manager. Please note that on-going reporting and other efforts related to past economic
development activities (e.g. TIF projects) must also be maintained. The work plan also assumes
contracting for specialized work such as drafting redevelopment plans, market analyses, design
work for capital projects, and development of marketing materials\web enhancements.
City Council Economic Development Policy Committee
To implement an active economic development strategy and create a high profile policy, the City
Council Economic Development Committee was established. We believe the economic
development activities and policy to be very important to our economic future. Please note that in
order to implement the economic development strategies effectively we will need to be flexible,
able to reach a decision in an abbreviated timeframe, and be creative with our resources.
In addition, we will be looking at ways to target federal and state funds for these efforts. This
approach will likely involve greater interaction for staff and/or Council with federal\state agencies
and our federal\state legislators.
April, 2004
MINUTES
ECONOMIC DEVELOPMENT COMMITTEE
TUESDAY, MARCH 30, 2004 - 1:00 P.M.
CITY MANAGER'S CONFERENCE ROOM
Members Presents: Ernie Lehman, Bob Elliott, Regina Bailey
Members Absent: None
Council Members Present: None
Staff Present: Steve Atkins, Kadn Franklin, Steve Nasby
Others Present: Irvin Pfab, Dan Black
CALL TO ORDER
Chair Ernie Lehman called the meeting to order at 1:00 P.M.
CONSIDERATION OF THE JANUARY 26, 2004, MINUTES
MOTION: Bailey moved to approve the minutes as submitted. Elliott seconded the motion. The
motion passed on a vote of 3-0.
DISCUSSION AND RECOMMENDATION - REQUEST FOR TAX EXEMPTION - 119 IOWA AVENUE
Nasby opened the discussion by giving some brief history on the Central Business District Urban
Revitalization Plan and outlining the eligibility criteria for the property tax exemption. He noted that in
February of 2001, the Council approved a property tax exemption for the property located at 210-212
Clinton Street - the Whiteway Building, and in May of 2003, a tax exemption was approved for the Zephyr
Copies building, located at 124 E. Washington Street.
According to the eligibility criteria for the proposed project, qualified real estate includes real estate
assessed as commercial property. The proposed project is a commercial property, so the whole structure
would qualify. Secondly, eligible projects include rehabs, additions, and new construction. The proposed
project is for the construction of a new 1,500 sq. foot building to replace the 1,050 sq. ft. building that was
destroyed by a fire in August of 2003.
The third requirement centers around the exterior design of the building, and its review by the staff design
review committee and approval by the City Council. This will be done soon, with a recommendation and a
resolution being forwarded to the City Council possibily for their consideration at their May 4, 2004,
Council meeting. And last, the improvements must increase the actual value of the property by at least 15
percent, and in this instance, the proposed project would increase the value on the property.
Dan Black, Iowa State Bank and Trust Company, was present to represent the Bremer Trust that owns
the property. Black answered questions for the Committee members, stating that given the location of the
property, a bar/restaurant would be the most likely tenant for this proposed building. Lehman stated that
he was not comfortable at this time granting this exemption, as there are too many unknowns at present,
i.e., type of business, number of employees, pay level, etc. Elliott and Bailey agreed that they would like
further information before any decisions are handed down. Black said he would contact the Committee
once he had further information about this request. The Committee did state that if the project were going
to be a bar, they would most likely not approve the request due to the large number of bars in the area,
and the animosity it could bring.
MOTION: Elliott moved to table this request for tax exemption at 119 Iowa Avenue. Bailey
seconded the motion. The motion passed on a vote of 3-0.
REVIEW AND DISCUSSION OF 2004 ECONOMIC DEVELOPMENT STRATEGY
In November 2003 the Council Economic Development Committee reviewed the 1999 Economic
Development Strategy and recommended numerous revisions. Nasby asked the Committee to review the
suggestions and revisions made. Discussion centered on the Comprehensive Development Code, and
the changes that have made things simpler in this area. Various projects that have already been
completed were discussed, and the many compromises that have been made. Some specific building
projects were specifically addressed, and the discussion turned to how the City has always worked with
the developers to get the projects completed.
Economic Development Committee Minutes
March 30, 2004
Page 2
Discussion then turned to the visiting of local companies, and Chair Lehman explained some of their past
visits. The topics of publicity and perception were also discussed at length, with City Manager Atkins
joining in, stating staff would start setting up visits again for the new members.
Atkins then discussed the topic of the City building a "spec" building to generate some new business. The
members consulted the City map to look at various areas, and discussion turned towards having a private
contractor do the actual building, and the City being the "landlord". Atkins said he would have his staff
work up something on this, and he would get back to the Committee on their findings.
Nasby then asked the Committee to set a date for the next meeting. It was decided that meetings would
be the third Wednesday of each month, with the next meeting set for April 21, at 9:00 am.
ADJOURNMENT
Chairperson Lehman adjourned the meeting at 2:12 P.M.
data on c~tyntlpcd/rninutes/ecodev/2OO4/edc 03-30-04.d0c
MEMORANDUM
DATE: April 13, 2004
TO: City Council
FROM: Steven Nasby, Community and Economic Development Coordinator
RE: 2004 Economic Development Strategy
Tn late 1999, the City Council adopted an Economic Development Strategy and work plan.
Over the last four years, many of the items identified within the strategy and work plan
have been accomplished. Tn November 2003 the Council Economic Development
Committee began working on an update to the 1999 document. At their March 2004
meeting the Council Economic Development Committee reviewed the attached document
entitled 2004 Economic Development Strategy.
The 2004 Economic Development Strategy essentially builds upon the successes the City of
Towa City and its partners have achieved to build the commercial and industrial tax base of
the community. Activities are concentrated in three focus areas (Business Retention &
Expansion, Business Attraction and Entrepreneurship). The strategy also envisions several
new initiatives. The following is a listing of some of the highlights of the 2004 Economic
Development Strategy.
· Acknowledges enhancements in Towa City's working relationships with economic
development partners.
· Recognition of Iowa City's high national rankings by the Milken Tnstitute,
Expansion Magazine and others as a place to do business and our need to
promote these successes.
· Proactively and aggressively, respond to economic development opportunities.
· Constructing a speculative building for warehouse\distribution facility in the
Aviation Commerce Park.
· Upgrade the City's marketing efforts, its web presence and expanding the
availability of e-documents.
· Plan, zone and annex land for future industrial park land and office park land.
· Propose redevelopment plans and continued investment in public spaces.
· Pursue federal and state funding for infrastructure improvements.
· Continue outreach efforts by making visits to Iowa City employers and
conducting quarterly breakfasts with businesses.
if you have any questions please call me at 356-5248.
Cc: City Manager
Karin Franklin, Director of Planning and Community Development
Prepared by: Klm Johnson, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139
RESOLUTION NO. 04-113
RESOLUTION ACCEPTING THE WORK FOR THE RECREATION AND CIVIC
CENTER HVAC AND PLUMBING REPLACEMENT PROJECT
WHEREAS, the Engineering Division has recommended that the work for construction of the
Recreation and Civic Center HVAC and Plumbing Replacement Project, as included in a contract
between the City of Iowa City and Ace Refrigeration of Cedar Rapids, Iowa, dated November 27,
2001, be accepted; and
WHEREAS, the Engineer's Report and the performance and payment bond has been filed in the
City Clerk's office; and
WHEREAS, the final contract price is $500,934.96.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa.
Passed and approved this 20th day of April ,20 04
Approved by
CITY'"CLERK City Attorney's Office
It was moved by Champ'inq and seconded by E11~ott the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
pwengkes/r ecCC- HVAC.dCC
Prepared by: Ron Gaines, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145
RESOLUTION NO. 04-].].4
RESOLUTION ACCEPTING THE WORK FOR THE 2003 ASPHALT
RESURFAClNG PROJECT
WHEREAS, the Engineering Division has recommended that the work for construction of the
2003 Asphalt Resurfacing Project, as included in a contract between the City of Iowa City and
Cedar Valley Asphalt of Cedar Rapids, Iowa, dated June 10, 2003, be accepted; and
WHEREAS, the Engineer's Report and the performance and payment bond has been filed in the
City Clerk's office; and
WHEREAS, the final contract price is $322,801.59.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa.
Passed and approved this 20th day of Apr`i ] ,20 04
Approved by
CITY ~LERK C'i~'/~t{or'ne'y's ~ffice '
It was moved by Champ'ion and seconded by E11 `iott the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Eiliott
X Lehman
~ O'Donnell
X Vanderhoef
X Wilburn
Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246
RESOLUTION NO. 04-].15
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK
TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA
CITY AND HILLS BANK AND TRUST COMPANY, IOWA CITY, IOWA FOR
PROPERTY LOCATED AT LOT 20 LONGFELLOW MANOR, IOWA CITY, IOWA,
WHEREAS, the City of Iowa City is the owner and holder of a Mortgage in the total amount of
$177,500, executed by the owner of the property on March 14, 2003, and recorded on March
19, 2003, in Book 3502, Page 174 through Page 191 in the Johnson County Recorder's Office
covering the following described real estate:
Lot 20, Longfellow Manor, Iowa City, Iowa, according to the plat thereof recorded in
Book 35, Page 274, Plat Records of Johnson County, Iowa.
WHEREAS, Hills Bank and Trust Company is offering a construction loan in the amount of
$217,329 to the owner of Lot 20 Longfellow Manor and to secure the loan by a mortgage
covering the real estate described above; and
WHEREAS, it is necessary that the Mortgage held by the City be subordinated to the loan of
Hills Bank and Trust Company secured by the proposed mortgage in order to induce Hills Bank
and Trust Company to make such a loan; and
WHEREAS, Hills Bank and Trust Company has requested that the City execute the attached
subordination agreement thereby making the City's lien subordinate to the lien of said mortgage
with Hills Bank and Trust Company; and
WHEREAS, there is sufficient value in the above-described real estate to secure said lien as a
second, which is the City's original position.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the
subordination agreement between the City of Iowa City and Hills Bank and Trust Company,
Iowa City, Iowa.
Passed and approved this 20th day of Apri 1 ,20. 04
CI'F~LERK City Attorney's Office
ppdrehab/res/Iot201ong fellow-subord doc
Resolution No. 04-115
Page 2
It was moved by Champion and seconded by Ell i ott the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilbum
SUBORDINATION AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Hills
Bank and Trust Company of Iowa City, Iowa, heroin the Financial Institution.
WHEREAS, the City is the owner and holder of certain Mort(~a~e which at this time is in the
amount of $177,500, and was executed by Greater Iowa City Housin,q Fellowship (GICHF)
(herein the Owner), dated March 14, 2003, recorded March 18, 2003, in Book 3502, Page 174
through Page 191, Johnson County Recorder's Office, covering the following described roal
properly:
Lot 20, Longfellow Manor, Iowa City, Iowa, according to the plat thereof recorded in
Book 35, Page 274, Plat Records of Johnson County, Iowa.
WHEREAS, the Financial Institution proposes to loan the sum of $217,329 on a promissory note to
be executed by the Financial Institution and the Owner, securing a modgage covering the roal
properly described above; and
WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortc~a~e
held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial
Institution.
NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto,
the parties agroe as follows:
1. Subordination. The City hereby covenants and agrees with the Financial Institution that
the above noted Mortqa~le held by the City is and shall continue to be subject and
subordinate to the lien of the modgage about to be made by the Financial Institution.
2. Consideration. The City acknowledges receipt from the Financial Institution of One
Hundrod and Fifty Dollars ($150.00) and other good and valuable consideration for its act of
subordination heroin.
3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby
acknowledged as a lien superior to the Mortclaqe of the City.
4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the
respective heirs, legal representatives, successors, and assigns of the parties hereto.
Datedthis [gt~ dayof ~¢.~ ,20(~ .
CITY OF IOWA CITY FINANCIAL INSTITUTION
Attest:
City 'Clerk
CITY'S ACKNOWLEDGEMENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this ~D:'~ day of ,~ PP,~L_ __, 20 oZ~ , before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared P-~/vF_~-- ~. LE,~'.4A/d and
Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the
Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and
sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance)
(Resolution) No. o 4r~ ~ ~ .~ passed (the Resolution adopted) by the City Council, under Roll Call
No .... of the City Council on the ,~0~ dayof ~pp.~ ,200~ ,and
that El~.~P__~-~ LO. LF---.q~A~ and Marian K. Karr acknowledged the execution of the
instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it
voluntarily executed.
i .1 80NDRAE FORT
Numb 159791i
I'~.JI My Com~ssion Expires I -~c[7oJ- ~
I '-r~r-i --~ ?~ ~ I Notary Public in and for the State of Iowa
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this /Z¢~"/ day of /'~p~/ , 200L-/ , before me, the
undersigned, .a No!~ry Public in and for the State of iowa, personally appeared
~'~;~Q~! } LO~il l(~ ~,~/~'oJ~ to, me personally kn.own, ,who being by me duly sworn, did say that
'd~.~ is thet~a~;~l~ d'r~ ~¢(.4 ¥.~ of /~'1/~ /~,.t//__.. , that said instrument
was signed on behalf of said corporation by a~thority of its Board of Directors; and that said
-~ ~;¢ % acknowledged the execution of said instrument to be the voluntary
act and deed of said corporation, by it and by him/her voluntarily executed.
cAROL' S. FRt'TZ
lt corr,, roe. Notary Public in and for the Statl~l of iowa
Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246
RESOLUTION NO. 04-].].6
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK
TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA
CITY AND U S BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 109
SOUTH JOHNSON STREET, IOWA CITY, IOWA.
WHEREAS, the City of Iowa City is the owner and holder of two Mortgages and Promissory
Notes in the total amount of $6,311, executed by the owner of the property on July 23, 1993,
and recorded on August 9, 1993, in Book 1596, Page 288 through Page 290, and in Book 1596,
Page 291 through Page 295; and on October 4, 1994, recorded on November 16, 1994, in Book
1837, Page 167 through Page 173, in the Johnson County Recorder's Office covering the
following described real estate:
The South Eighty-five (85) feet of Lot One (1) of Block Forty-one (41) of Iowa City,
Iowa, as shown by the recorded plat thereof.
WHEREAS, US Bank is refinancing a loan in the amount of $85,000 to the owner of 109 South
Johnson Street and to secure the loan by a mortgage covering the real estate described above;
and
WHEREAS, it is necessary that the Mortgages and Promissory Notes held by the City be
subordinated to the loan of U S Bank secured by the mortgage; and
WHEREAS, US Bank has requested that the City execute the attached subordination
agreement thereby making the City's liens subordinate to the lien of said mortgage with US
Bank; and
WHEREAS, there is sufficient value in the above-described real estate to secure said lien as a
second, which is the City's original position.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the
subordination agreement between the City of Iowa City and US Bank, Iowa City, Iowa.
Passed and approved this 20th day of April ,20 04
Approved by
CI'Pr~CLERK City Attorney's Office
ppdrehab/res/109sjohnson-subord.doc
Resolution No, 04-116
Page 2
It was moved by Chamoi on and seconded by E11 i ott the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
SUBORDINATION AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and U S Bank
of Iowa City, herein the Financial Institution.
WHEREAS, the City is the owner and holder of certain Mortgages & Promissory Notes which at
this time is in the amount of $6,311, and where executed by Pamela S. Michaud (herein the
Owner), dated July 23, 1993, recorded Au.qust 9, 1993, in Book 1596, Page 288 through Page
290, and dated July 23, 1993, recorded Au.qust 9, 1993, in Book 1596, Page 291 through Page
295, and dated October 4, 1994, recorded November 18, 1994, in Book 1837, Page 167 through
Page 173, Johnson County Recorder's Office, covering the following described real property:
The South Eighty-five (85) feet of Lot One (1) of Block Forty-one (41) of Iowa City,
Iowa, as shown by the recorded plat thereof.
WHEREAS, the Financial Institution proposes to loan the sum of $85,000 on a promissory note to
be executed by the Financial Institution and the Owner, securing a mortgage covering the real
property described above; and
WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the
Mortqaqes and Promissory Notes held by the City be subordinated to the lien of the mortgage
proposed to be made by the Financial Institution.
NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto,
the parties agree as follows:
1. Subordination. The City hereby covenants and agrees with the Financial Institution that
the above noted MortRaqes and Promissory Notes held by the City are and shall
continue to be subject and subordinate to the lien of the mortgage about to be made by the
Financial Institution.
2. Consideration. The City acknowledges receipt from the Financial Institution of One
Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of
subordination herein.
3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby
acknowledged as a lien superior to the Mortqaqes and Promissory Notes of the City.
04/07/04 10:13 *~319 3549705 RELIANCE TITLE ~004/005
SENT BY: CITY 0F IA CITY POD; 4- 5- 4 10:15AM; 3193565027 => Fax; #3/4
4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the
respeclive heirs, legal representatives successors, and assigns of the parties hereto.
Dated this ~h day ct' AP~ L._ ,20 O ~ .
CITY OF IOWA CITY FINANCIAL INSTITUTION
Mayor
Attest:
G,[TY'S ACKNOW_L~DGEMENT
STATE OF IOWA
) SS:
JOHNSON COUNTY )
On this o~?~' day of ~q*% ,20 0~1- before me, the undersigned, a Notary
Public in and for the Slate of Iowa, p~rs'~l'~lly appeared .~z.,4.65~ k). ~A,~ and
Marian K. Kart, to me personally known, and, who, being by me duly sworn, did say that they are
Mayor and City Clerk, respectively, of the City el' Iowa City, Iowa: that the seal affixed to the
foregoinf=l instrument is the corporate seal of the corporation, and that the instrument was signed and
sealed on behaff of the corporation, by authority of its City Council, as contained In (Ordinance)
(Resolution) No. off--U G ...... passed (the Resolution adopted) by the City Council, under Roll Call
No. ~ of the City Council on the ._,¢o ¢-k day of ,~P~l z-- 20.~_zL._, and
that E-rz~-r...L¢_. L.E.J.t/v~.,~ and Marian K. Karr acknowledged the execution of the
instrument to be their voluntary acl a~;~'"~ed and the voluntary act and deed of the corporation, by it
voluntarily executed.
so.o E O.T t
~'al~ ~lCommisslon Number 159791 ~
I'"~"1 My Commission E~pires ! ~GT~cLr~,.~
I "~'~l~l 3, - '7~ t~{, I Notary Public in and for the State of Iowa
04/07/04 10:14 ~'~319 3549705 RELIANCE TITLE ~005/005
CENT BY: CITY OF IA CITY PCB; 4- 5- 4 IO:ISAM; 31G3565027 => Fax; #4/4
SLATE OF IOWA )
) SS:
JOHNSON COUNTY )
On
this
day of r-t~-~ ~ ~ 20 0 [ before m~, the
undersigr~_d,~-Nutary Public--in a~"" 'for the State -of I(~)~,-'-'-~rsonally appeared
-'~)r. ba~c~3_-~.~;.A~o~ ~u~_, to me personally kno~, who being by me duly sworn, did say that
he/she is the _.~ V,~" ~d.~.~ .. of (~S ~n~ ~. ~. , that sa~ inst~ment
was signed on behalf of said ~rporation by authod[y of its Board of Dimctom; and that said
~_....~( ~r~ ~ ...... acknowledged the execu~on of said ins~ment to ~ O~e volunta~
act and deed o, sa,d co.ration, by It and by ~/~ ~
' hi~er volun~ffly ex. uteri.
Nota~ Public I~a~ t~Sta [ Iowa
Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041
RESOLUTION NO. 04-117
RESOLUTION ESTABLISHING A POLICY FOR COUNCIL MEMBER USE OF CITY
LAPTOP AND PRINTER; ESTABLISHING PROCEDURE FOR E-MAIL
CORRESPONDENCE AND DISTRIBUTION OF WEEKLY COUNCIL PACKETS; AND
ESTABLISHING A STIPEND FOR SUPPLIES AND DEDICATED PHONE LINE FOR
INTERNET ACCESS OR HIGH SPEED INTERNET SERVICE.
WHEREAS, the City Council of Iowa City wishes to establish a policy for use of City laptop and
printer to provide that current members of Council may request a laptop and/or printer for
access to weekly council packets via Internet and/or use of City e-mail address; and
WHEREAS, the City Council of Iowa City wishes to offer weekly Council packets via Internet or
hard copy, replacing the current distribution by CD; and
WHEREAS, the City Council of Iowa City wishes to establish a stipend for supplies and
dedicated phone costs associated with accessing electronic packets and/or e-mail via the City
address.
NOW, THEREFORE, the attached policy is established for Electronic Access to City Information
and E-Mail policy.
Passed and approved this ?l'lth day of Ape'11 ,20 04
Apj~pved by
ciTY'~LERK ' City Attorney's Office
It was moved by Champion and seconded by E11 ~ ott the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
derk/res/council-epolicy doc
COUNCIL POLICY REGARDING ELECTRONIC ACCESS TO CITY INFORMATION
AND E-MAIL
April 2004
1. Council Members accessing the weekly Council packet may request hard copy weekly
packet and/or access the weekly packet via the Internet.
2. Council Members may request a City-owned laptop computer to use for accessing the
weekly packet or other City business. If a Council Member chooses a hard copy packet and
does not utilize City e-mail no computer or printer will be provided. The City will provide and
service only City equipment.
3. Council Members may also choose to use personal home computer for accessing their
weekly packet via the Internet. Council Members using their personal computers for e-mail
communications should utilize the City e-mail address provided to conduct City business.
4. Upon request Council Members maintaining a City e-mail address will be provided a monthly
stipend to cover the cost of a dedicated phone line to Council residence for Internet access,
and supplies (printer supplies, paper, etc.) for their personal printer. City ITS staff will not
service personal home computers or printers. Internet service (whether on dedicated phone
line, Cable Modem, or DSL) is an agreement between the Council Member and service
provider. Contracting for installation and monthly recurring charges for Internet service is
the responsibility of the Council Member.
5. Council Members should confine their City related business to the City e-mail address and
NOT a personal e-mail address.
6. The City will distribute individual City Council Member e-mail address for those receiving
City stipends, and a larger amount of e-mails may be received.
7. Council Members should advise constituents communicating via e-mail that the
correspondence could be public information.
8. The City will distribute e-mail correspondence addressed to "Council" in the next Council
packet. Staff will not receive any copies of e-mails sent to individual Council Members
unless "Council" was indicated by the sender or later by a Council Member.
9. A monthly stipend of $60 dollars ($50 for a dedicated phone line to their residence and $10
for supplies) will be paid to each Council Member using either City e-mail or accessing the
weekly packet via the Internet.
10. If a personal e-mail address is used for City business e-mails regarding City matters may be
subject to open records requests. For those e-mails a Council Member chooses to retain, it
is recommended that a separate file (either electronic or hard copy) be kept for City
business.
clerk/res/council-e policy doc
Prepared by: John Yapp, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 (SUB04~O0001)
RESOLUTION NO.
RESOLUTION APPROVING FINAL PLAT OF J JR DAVIS ADDITION, IOWA CITY, IOWA.
WHEREAS, the owners, James R. Davis, Robert A. Davis, and Jan Ellen Smith, filed with the City
Clerk the final plat of J JR Davis Addition, Iowa City, Iowa, Johnson County, Iowa; and
WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson
County, Iowa, to wit:
Commencing at the East Quarter Corner of Section 20, Township 79 North, Range 6 West,
the Fifth Principal Meridian; Thence S89°55'42"W, along the North Line of the Southeast Quarter
of said Section 20, a distance of 1008.23 feet to the POINT OF BEGINNING; Thence
Southeasterly, 24.28 feet, along a 450.00 foot radius curve concave Northeasterly, whose 24.28
foot chord bears S17°53'32"E; Thence Southeasterly, 1575.96 feet, along a 1850.00 foot radius
curve, concave Northeasterly, whose 1528.74 foot chord bears S40°45'03"E; Thence
S00°08'54"W, 43.34 feet; Thence S89"'58'36"W, 1360.64 feet, to a Point on the Easterly Right-
of-Way Line of Primary Road No.518; Thence NllO39'22"W, along said Right-of-Way Line
367.90 feet; Thence N41°27'40"W, along said Right-of-Way Line, 157.58 feet; Thence
N11"27'40"W, along said Line, 556.10 feet, to its intersection with the Southerly Right-of-Way
Line of Iowa Highway Number 1; Thence N34°54'32"E, along said Right-of-Way Line, 245.30
feet; Thence N40°02'41"E, along said Right-of-Way line, 181.03 feet; Thence N31°21'09"E, along
said Right-of-Way line, 140.66 feet; Thence N47°08'12"E, along said Right-of-Way line, 54.15
feet; Thence S49°45'28"E, 210.60 feet; Thence S02°33'29"W, 3.66 feet; Thence Southeasterly,
75.58 feet, along a 940.00 foot radius curve, concave Southwesterly, whose 75.56 foot chord
bears S45°'52'07"E; Thence S20~27~03"E, 31.29 feet; Thence S33o39'47"W, 88.67 feet, to the
Point of Beginning. Said Tract of land contains 26.98 acres, more or less, and is subject to
easements and restrictions of record.
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the proposed final plat and subdivision, and recommended approval; and
WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and
recommended that said final plat and subdivision be accepted and approved; and
WHEREAS, a dedication has been made to the public, and the subdivision has been made with the
free consent and in accordance with the desires of the owners and proprietors; and
WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa
(2003) and all other state and local requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The said final plat and subdivision located on the above-described real estate be and the
same are hereby approved.
2. The City accepts the dedication of the streets and easements as provided by law and
specifically sets aside portions of the dedicated land, namely streets, as not being open for
public access at the time of recording for public safety reasons.
Resolution No. ~ ].8
Page 2
3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed,
upon approval by the City Attorney, to execute all legal documents relating to said
subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after
passage and approval by law. The City Clerk shall record the legal documents and the plat at
the office of the County Recorder of Johnson County, Iowa at the expense of the
owner/subdivider.
Passed and approved this 20th day of April ,20 0~ ·
Approved by
CITY ~3EERK C~ty A{torr{e~s Offi~
It was moved by 0'Donne]] and seconded by Vand¢t-hnc, f the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
Prepared by: Bdan Boelk, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5437
RESOLUTION NO. 04-119
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE BROOKLAND
PARK SEWER SEPARATION PROJECT, ESTABLISHING AMOUNT OF BID
SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH
ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF
BIDS.
WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate
of cost for the above-named project was published as required by law, and the hearing thereon
held.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY,
IOWA THAT:
1. The plans, specifications, form of contract and estimate of cost for the above-named
project are hereby approved.
2. The amount of bid security to accompany each bid for the construction of the above-
named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer,
City of Iowa City, Iowa.
3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids
for the construction of the above-named project in a newspaper published at least once
weekly and having a general circulation in the city.
4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the
Office of the City Clerk, at the City Hall, until 10:30 a.m. on the 12th day of May, 2004, or
at a later date and/or time as determined by the Director of Public Works or designee,
with notice of said later date and/or time to be published as required by law. Thereafter
the bids will be opened by the City Engineer or his designee, and thereupon referred to
the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to
be held at the Council Chambers, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 18th day
of May, 2004, or if said meeting is cancelled, at the next meeting of the City Council
thereafter as posted by the City Clerk.
Passed and approved this 20th day of April ,2004.
Approved by:
City"Clerk ~i~y'~{tor ~n y'~ Office
Resolution No. 04-119
Page 2
It was moved by Champion and seconded by 0' Donnel 1 the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
× Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilbum
~%/~,~ c-, I 04.20-0420
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, iA 52240 (319) 356-5030
RESOLUTION NO. 04-].20
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST AN AGREEMENT WITH IOWA REALTY
COMMERCIAL TO SELL AND/OR LEASE PROPERTY IN THE
AVIATION COMMERCE PARK,
WHEREAS, it is a goal of the Airport Commission to generate as much income as
possible for the Iowa City Municipal Airport; and
WHEREAS, the Airport Commission and the City Council have worked cooperatively to
develop a 17-1ot commercial subdivision on Airport property; and
WHEREAS, the Airport Commission and the City Council have agreed to contract with
NAI Iowa Realty Commercial to sell or lease the property known as the Aviation
Commerce Park subdivision; and
WHEREAS, a similar, previous agreement by the Airport Commission, NAI Iowa Realty
and the City of Iowa City approved by Council in Resolution No. 03-18 expired on
January 13, 2004; and
WHEREAS, at their meeting on March 11, 2004, the Iowa City Airport Commission
recommended that the City Council approve the attached and incorporated herein
Listing Agreement marked Exhibit 1.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA, THAT: the Council approves the attached agreement, and
authorizes the Mayor to sign and the City Clerk to attest said agreement.
Passed and approved this 20th day of April ,2004.
ATTEST: ~"~'~>~'~'.~)
CITY CLERK
App~rJ~e,d bv ~'~'~ ~ - ! ~ '-O~
City Attorney's Office
Resolution No. 04-120
Page 2
It was moved by Champion and seconded by Bailey the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
EXHIBIT
LISTING AGREEMENT
This Agreement is being made and entered into among NAI Iowa Realty Commercial
(hereinafter called "Agent"), the City of Iowa City, a municipal corporation, (hereinafter called
"Owner"), and the iowa City Airport Commission (hereinafter called "Commission") in Iowa City,
Iowa.
RECITALS:
Whereas, the Owner desires now to offer the land lots in Aviation Commerce Park (hereinafter
called "the lots" or "the Property") for sale as well as for lease contingent upon approval by the
Federal Aviation Administration to sell the lots;
Whereas, the Owner desires the Commission to recommend to it whether an offer to purchase
should be accepted;
Whereas, the Owner desires the said lots may still be offered for lease by the Commission with
consultation with the Owner; and
Whereas, the Agent desires to be the Owner's agent in selling the lots and the Commission's
agent in leasing the lots.
AGREEMENTS:
NOW, THEREFORE, it is agreed as follows:
1. COMMISSION. The Commission has the sole right and authority to review and approve
any land lease transaction. Attached, marked Exhibit "A", and incorporated herein is an
agreement for the listing of the lots by Agent.
2. OWNER. The Owner has the sole right and authority to review and approve any land
sale transaction The City Manager may accept an offer to purchase on the contingency that
said offer must be approved by the Owner. The Owner may not enter into a land sale
transaction without receiving the Commission's recommendation. If the Owner rejects the
Commission's recommendation, the Owner and the Commission shall meet to discuss the
potential sale transaction, but the Owner maintains the sole right and authority to enter into said
transaction.
3. SALES AND LEASE PROCEDURES. An outline of the land sales transaction is
attached, marked Exhibit "B", and incorporated herein, and shall be utilized for the sale of the
lots. An outline of the land lease transaction is attached, marked Exhibit "C", and incorporated
herein, and shall be utilized for the lease of the lots.
4. AGENCY. Owner hereby employs Agent and Agent accepts such employment by Owner
as the exclusive agent with the sole right and authority, to offer for sale and to sell the land,
designated as lots 1-17 on Exhibit "D" which is attached and incorporated herein, (hereinafter
referred to as the "Property").
5. TERM The term of this Agreement and Agent's employment, right and authority shall be
extended for 90 days from the last date affixed below.
6. AGENT'S RESPONSIBILITIES. Agent hereby agrees as follows:
a. To secure and compile appropriate and customary written information with
respect to the sale of the Property.
b. To exert Agent's best efforts to perform its obligations under this Agreement
including, but not limited to, enlisting the efforts and resources of Agent's organization,
and to: (i) list the Property for ale with any local or other appropriate multiple listing
services; (ii) advertise the Property for sale in a commercially prudent manner. Agent
shall advertise the Property at terms and conditions that have been approved in advance
in writing by Owner and attached hereto as Exhibit "E".
c. To submit monthly progress reports to the City Manager and the Airport
Manager by the first day of each month, concerning the status of marketing, interested
parties and any negotiations together with current market information affecting the
Property. At the request of Owner, Agent shall attend meetings of Owner relative to the
scope of this Agreement, and at the request of the Commission, Agent shall attend
meetings of Commission relative to the scope of this Agreement.
d. To solicit active cooperation from other qualified brokers ~n the sale of the
Property.
e. To use its best efforts to sell the Property at the terms approved by Owner.
7. PAYMENT OF SALE COMMISSION. Agent acknowledges and agrees that Owner shall
be obligated to pay sales commissions and fees, as set forth below, only to Agent. Agent shall
be entirely responsible for payment and satisfaction of any and all co-brokerage obligations due
any other brokers or sales agents working with Agent, or who have procured for Agent, or
referred to Agent, a buyer.
8. OWNER'S RESPONSIBILITIES. Owner hereby agrees as follows:
a. During the term of this Agreement, Owner shall pay Agent a sales fee per
transaction for a Buyer procured by Agent as follows:
7% of the first $500,000 of gross sales price
6% of the second $500,000 of gross sale price
5% of the next $1,000,000 of gross sale price
3% thereafter
b. In addition, Owner shall pay Agent a sales fee, as set forth above, for a sale
effected by Owner within 360 days following the termination of this Agreement,
provided: (i) Agent has previously shown the Property to the buyer; (ii) such
buyer is included on a written list of prospective buyers submitted to Owner
within ten (10) calendar days following the termination of this Agreement.
c. Except as specifically set forth herein, to refrain from negotiations with
prospective buyers or their agents and to direct to Agent all prospective buyers
and their agents, and all brokers, and other persons or entities interested in
purchasing the Property.
d. To cooperate with Agent and to permit Agent to conduct all negotiations and
other dealings with all prospective buyers and their agents.
e. At the time of settlement promptly deliver a complete abstract showing good and
merchantable title to the date of transfer and execute a warranty deed to the
property for delivery to the buyer, or enter into a contract for deed.
9. NON-DISCRIMINATION Agent covenants its employees, and agents shall not
discriminate against any person in employment or public accommodation because of race,
religion, color, creed, gender identity, sex, national origin, sexual orientation, mental or physical
disability, marital status, or age. "Employment" shall include but not be limited to hiring,
accepting, registering, classifying, promoting, or referring to employment. "Public
accommodation" shall include but not be limited to providing goods, services, facilities,
privileges and advantages to the public. Agent shall remain in compliance with all requirements
of 49 CFR Part 21, Non-Discrimination in Federally Assisted Programs of the Department of
Transportation.
10. TIME OF ESSENCE. Time is of the essence as to this Agreement and each of its
terms and provisions.
11. ASSIGNMENT. Agent shall not assign or allow assumption of this Agreement
except with prior written consent of Owner and Commission. In the event this Agreement is
assigned by Owner in conjunction with the sale of lots, with such an assignment to occur only
with the express consent of Agent, Owner shall be released from liability for all matters arising
after the effective date of the assignment.
12. NOTICES. Any notice required or permitted to be given hereunder shall be in
writing and:
As to Owner shall be delivered by: (i) certified mail, retum receipt requested; or (ii) prepaid
Federal Express or other similar overnight delivery service, in care of City Manager, Iowa City
Civic Center, 410 E. Washington Street, Iowa City, Iowa 52240.
As to Commission shall be delivered by: (i) certified mail, return receipt requested; or (ii) prepaid
Federal Express or other similar overnight delivery service, in care of Airport Manager, Iowa City
Municipal Airport, 1801 S. Riverside Drive, Iowa City, Iowa 52246.
As to Agent shall be delivered by: (i) personal service; (ii) certified mail, return receipt
requested; or (iii) prepaid Federal Express or other similar overnight delivery service, addressed
to: Scott G. Byers, 100- 1~t Ave. NE, Suite 115, Cedar Rapids, IA 52401.
Notice by personal service shall be deemed delivered upon service. Notice by certified mail
shall be deemed delivered three business days following deposit of the mailing with adequate
postage, addressed to the receiving party's most current address for the purposes of notice, or
upon receipt of the certified mailing by the party to whom directed, whichever first occurs. Notice
by overnight delivery service shall be deemed given on the next business day following sending
of the notice addressed to the receiving party at their most current address for the purposes of
notice. Addresses for purposes of notices may be changed by a party from time to time upon
providing formal notice of such change to the other party.
13. AMENDMENT. This Agreement may be modified in writing only, duly signed by
all parties.
14. APPLICABLE LAW. This Agreement is declared to be a contract of the State of
Iowa and shall be construed in accordance with the laws of iowa.
15. ENTIRE AGREEMENT. All negotiations, considerations, representations and
understandings, prior proposals or earlier written documents between the parties as to the sale
of the Property are incorporated into this Amendment, which contains the entire agreement of
the Parties as to the sale of the Property. The Parties agree and acknowledge that no
representations, warranties or agreements, other than as set forth in this Amendment have
been made by the parties to each other as to the sale of the Property.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the ~,~- day of April
2004.
AGENT:
WITNESS: NAI IOWA RE~.~COMMERClAL
~cott G. ,E~y~/r,~, l°re~j~t
COMMISSION:
WITNESS: THE IOWA CITY AIRPORT COMMISSION
'--John Str'a,~.y~_.c~tary Randy I~)artwig, Chaitrperson
4
all parties.
\ 14. APPLICABLE I_~W. This Agreement is declared to be a contract of the State of
Iow~kand shall be construed in accordance with the laws of Iowa.
\\ /
1'$. fi~llR~ ~GRfiEM~I. AIl n*~ofiations, consid~afions, representations and
undemtan~n~s, pdor proposals or earlier writton documonts b~oon the pa~ies as to tho sale
of the ~rop~y am inco~rated ~nto this Amendment, which~ontain~ the
tho Padi~s ~ to tho sale of th~ ~ro~dy. lh~ ~a~iesfaoroo and acknowledoe that no
mpresontation~ wa~antios or a~moments, othor than a~ set fodh in this Amendment havo
~een made b~ th~ pa~ies to oach olher as to tho sale of ~o
//
IN WITNESS WHEREO~'~ the pa~ies have exec this Amendment as of the day of April
/
/
/
/ AGENT:
WITNESS: // NAI ,O~ REAL~MMERCIAL
/
/
/
John 8taley, 8~rota~ Randy Ha~i~, Chair~rson
/
/
/
4
COMMISSION ACKNOWLEDGMENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this ~ day of ~p~- , 2004, before me,
F~l~ , a Nota~ Public in and for the State of Iowa, pemonally ap~ared
~ ~.~',~ and ~k~ ~,~ to me pemonally
known/who, bein~by me duly swom, did say that they am ~e Chair and S~cmta~, ms~ively,
of the Iowa C~y Ai~od Commission and that the inst~ment was signed and sealed on ~half of
the Commission, by authority of Resolution No. ~-~5 passed adopted by t~e Commission,
on the ~ day of ~Pet~ ,20~, and that ~A. ~;
and ~ ~ ~ [~ acknowledged the execution of/the inst~m~nt to be their
volunta~ a~ and d~d of ~e Commission, by ~ voluntarily executed.
ro -I m
)~ ~)Commlssion Number 159791~
Fm"l My Commission ~Jres I ~ ~
L~I ~ ~ ?-o~ I Nota~ Public in and for the State of Iowa
OWNER:
WITNESS: THE CI~ OF IOWA CI~
Ma~n K. Karr, City Clerk Mayor
CI~ ACKNOWLEDGMENT
STATE OF IOWA )
JOHNSON COUN~ )
On this -~ ~ day of ~E~ ~ , 20~, ~fore me, the unde~igned, a
nota~ public in and for the State of Iowa, ~onally appeared Emest W. Lehman and Marian K.
Karr, to me pe~onally known, who ~ing by me duly sworn, did say that they are the Mayor and
City Clerk, respectively, of said municipal co~oration executing the within and foregoing
instrument; that the seal a~xed thereto is the seal of said municipal ~oration; that said
instrument was signed and seal~ on behalf of said municipal ~oration by authority of its City
Council; and that the said Mayor and City CleA as such o~ ackno~ged that the execution
of said instrument to ~ the volunta~ a~ and deed of said corporation, by it and by them
voluntarily execute.
Nota~ Public in and for the State of Iowa
~prov~ by
~ I~.1 SO~D.~eFO~ I
I~lco~o. N.m~er ~1
City A~orney's ~ ~'1 ~commi~io, ~p~s I
EXHIBIT A
This governs the legal relationship (hereinafter called "Lease Agreement") between NAI Iowa
Realty Commercial (hereinafter called ~Agent") and the Iowa City Airport Commission
(hereinafter called "Commission") with regard to leasing lots 1-17 in Aviation Commerce Park as
designated on Exhibit "D" of the Listing Agreement (hereinafter called "the Property").
1. TERM. The term of this Lease Agreement and Agent's employment, right and
authority shall commence upon execution of the Listing Agreement and terminate upon
termination of the Listing Agreement.
2. AGENT'S RESPONSIBILITIES. Agent hereby agrees as follows:
b. To secure and compile appropriate and customary written information with respect to
the leasing of the Property.
b. To exert Agent's best efforts to perform its obligations under this Lease
Agreement including, but not limited to, enlisting the efforts and resources of
Agent's organization, and to: (i) list the Property for Lease with any local or other
appropriate multiple listing services; (ii) to place the appropriate signage on the
Property; and (iii) advertise the Property for lease in a commercially prudent
manner. Agent shall advertise the Property at monthly rentals and terms that
have been approved in advance in writing by Commission.
c. To submit wdtten monthly progress reports to Commission by the first day of
each month beginning May 1, 2004, concerning prospective tenants and the
status of any lease negotiations together with current market information affecting
the Property. At the request of Commission, Agent shall attend meetings of
Commission relative to the scope of this Lease Agreement.
d. To solicit active cooperation from other qualified brokers in the leasing of the
Property.
e. To use its best efforts to lease the Property at the rentals and upon the terms
approved by Commission.
f. Agent will not be held liable for the performance of any term, covenant or
condition contained in any agreement pertaining to the Property except as set
forth in this Lease Agreement and in any other written Lease Agreement between
the parties.
3. PAYMENT OF LEASING COMMISSION. Agent acknowledges and agrees that
Commission shall be obligated to pay leasing commissions and fees, as set forth below, only to
Agent. Agent shall be entirely responsible for payment and satisfaction of any and all co-
brokerage obligations due any other brokers or leasing agents working with Agent, or who have
procured for Agent, or referred to Agent, a tenant.
4. COMMISSION'S RESPONSIBILITIES. Commission hereby agrees as follows:
a. During the term of this Lease Agreement, Commission shall pay Agent a leasing
fee equal to twenty-five cents ($.25) per gross square foot of land area under
lease. The leasing fee shall be due and payable in three (3) equal annual
installments with the first installment due at the time of lease execution and each
of the two remaining annual installments due on/or before the subsequent lease
execution anniversary dates.
f. In addition, Commission shall pay Agent a leasing fee, as set forth above, for
leases executed by Commission within one (1) year following the termination of
this Lease Agreement, provided: (i) Agent has previously shown the Premises to
that tenant; (ii) Agent has had active negotiations with tenant; and (iii) such
tenant is included on a written list of prospective tenants submitted to
Commission within ten (10) calendar days following the termination of this Lease
Agreement.
g. Except as specifically set forth herein, to refrain from negotiations with
prospective tenants or their agents and to direct to Agent all prospective tenants
and their agents, and all brokers, and other persons or entities interested in
leasing the Premises.
h. To cooperate with Agent and to permit Agent to conduct all negotiations and
other dealings with all prospective tenants and their agents. All tenants, lease
terms, and lease conditions shall be approved by Commission, with all leases to
be signed by Commission upon Commission's lease form.
e. Reasonable and customary expenses incurred by Agent in providing leasing
services to the Property shall be at Agent's sole cost and expense. [given that it
is doubtful that lots will lease, as opposed to sell, it seems to me that such costs
should be dealt w/in the listing agreement itself]
6. COMMISSION INDEMNIFICATION OF AGENT. Commission will indemnify,
defend and save Agent safe and harmless from all claims in connection with the Property and
from liability for damaged property and injuries to or death of any person, except in those cases
where the damage to property or injuries or death to persons is caused by, or contributed to,
Agent's willful malfeasance, bad faith, reckless disregard of duty or negligence.
EXHIBIT B
Aviation Commerce Park
Lot Sale Procedures
After Purchase Offer has been received by Agent:
1. Agent delivers copy of Offer to City Manager and Airport Manager.
2. Agent works with Airport and City Manager on negotiating favorable terms and conditions,
including but not limited to Counter-Offers.
3. Agent forwards copy of final terms and conditions to City Manager and Airport Manager.
4. City Manager may accept offer contingent upon approval by City Council.
5. Agent presents Offer, whether or not accepted by City Manager, to Commission for its
recommendations.
6. Commission makes recommendation to Owner.
7. If Owner disagrees with Commission's recommendation, Commission and Owner shall, within a
reasonable period of time, meet and discuss said offer prior to Owner's final action, but Owner
retains sole right to accept or reject offer.
8. Owner votes on whether to accept offer.
EXHIBIT C
Aviation Commerce Park
Lot Lease Procedures
After Lease Offer has been received by Agent:
1. Agent delivers copy of Offer to City Manager and Airport Manager.
2. Agent works with Airport and City Manager on negotiating favorable terms and conditions,
including but not limited to Counter-Offers.
7. Agent forwards copy of final terms and conditions to City Manager and Airport Manager.
8. Agent presents Offer to Owner for its recommendations.
9. Owner makes recommendation to Commission.
6. If Commission disagrees with Owner's recommendation, Commission and Owner shall, within a
reasonable period of time, meet and discuss said offer pdor to Commission's final action, but
Commission retains sole right to accept or reject offer.
7. Commission votes on whether to accept offer.
f Waill~t'r-l~.~j~ //
EXHIBIT "E"
AVIATION COMMERCE PARK
Pricing Model
Lo~ SizelSF Price ps£ Purchase Lease Rate
Price
I 60,076 $3.50 $210,266 $0.29
2 193,482 $2.50 $483,705 $0.14
3 275,603 $1.75 $482,305 $0.14
4 313,924 $2.50 $784,810 $0.14
5 137,904 $2.50 $344,760 $0.29
6 94,754 $4.50 $426,393 $0.29
7 42,253 $4.50 $190,139 $0.29
8 54,250 $4.50 $244,125 $0.29
9 53,761 $4.50 $241,925 $0.29
lO 92,230 $4.25 $391,978 $0.29
ll 63,429 $4.50 $285,431 $0.29
12 35,331 $4.50 $158,990 $0.29
13 39,280 $4.50 $176,760 $0.29
14 39,454 $4.50 $177,543 $0.29
15 39,423 $4.50 $177,404 $0.29
16 38,919 $4.50 $175,136 $0.29
17 46,628 $4.50 $209,826 $0.29
Totals 1,62~701 $5,161,493
The above pricing is valid as of April 2004.
Pricing is subject to review and adjustment at Commission/Owner's discretion.
l0