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HomeMy WebLinkAbout1995-01-31 ResolutionRESOLUTION NO. 95-9 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby. granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wit: R.T.'s - 826 S. Clinton Street One Eyed Jake's - 18-20 S. Clinton Street It was moved by Throgmorton and seconded by as read be adopted, and upon roll call there were: AYES: NAYS: x X X x Novick ABSENT: that the Resolution Baker Horowitz __ Kubby Lehman Novick Pigott Throgmorton Passed and approved this 3tst .day of ATTEST: ~~, ~, ~ CITY'CLERK January , 1995 . C~ty Atto~ey~ffice ~ ~danceprm.res RESOLUTION NO. 95-10 RESOLUTION TO REFUND CIGARETTE PERMIT WHEREAS, I, eo'g Rl-~hdard Rp~vf~,p at 13n ]~ n,,~vqv-. St~--~ in Iowa City, Iowa, has surrendered cigarette permit No. 85-?7 , expiring 19 95 , and requests a refund on the unused portion, now thereof, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that cigarette permit No. , issued to 7~0' s ~t~nd~rd S~rv~ be cancelled and, BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to draw a warrant on the General Fund in the amount of ~ 25.00 , payable to T.,~ T.e-och as a refund on cigarette permit No. 85-27 It was moved by Throgmorton and seconded by Novick adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: X X X X X Baker Horowitz Kubby Lehman Novick Pigott Throgmorton Passed and approved this 31st day of January ,1995. CITY'CLERK Approved by (~~W A~orney's Office clerk~clgrefnd.res RESOLUTION NO. 95-11 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN ADDITIONAL SANITARY SEWER EASEMENT AGREEMENT FOR AUDITOR'S PARCEl' "A", WEST SIDE PARK SUBDIVISION, IOWA CITY, IOWA WHEREAS, a portion of the sanitary sewer lines for Auditor's Parcel "A", Lot 20, West Side Park Subdivision, are located outside 6f the original easement areas as shown on the final plat of said subdivision; and WHEREAS, it is necessary for the owners of Auditor's Parcel "A" to grant additional easements for those areas not shown on the final plat; and WHEREAS, the City Council deems it in the public interest to enter into a sanitary sewer easement agreement concerning those areas, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is hereby authorized to sign and the City Clerk to attest the attached Sanitary Sewer Easement Agreement for Auditor's Parcel "A", West Side Park Subdivision, between the Owner and the City, upon direction by the City Attorney. The City Clerk is hereby authorized and directed to certify a copy of this Resolution for recordation in the Johnson County Recorder's Office together with the attached Sanitary Sewer Easement Agreement and plat thereof. It was moved by Thro~mor~nn and seconded by adopted, and upon roll call there were: Nnvte~ the Resolution be AYES: NAYS: ABSENT: X x x x x Passed and approved this 31st day of January Baker Horowitz Kubby Lehman Novick Pigott Throgmorton ,199~ ClTY~CLERK n:~legaI~wsper k20.re~ SANITARY SBWER Bl%SEMENT AGREEMENT THIS BGRRBMENT made and entered into by and between John R. Sladek and Becky R. Sladek; and the City of Iowa City, Iowa, hereinafter referred to as City, which expres- sion shall include its successors in interest and assigns. IT IS HEREBY AQREED AS FOLLOWS: For the sum of One Dollar and other valuable considera- tion, receipt of which is hereby acknowledged, the Owner hereby grants and conveys to the City, an easement for the purposes of excavating for and the installation, re- placement, maintenance and use of such sanitary sewer lines, pipes, mains and conduits as the City shall from time to time elect for conveying sewage, together with all necessary appliances and fittings for use in connection with said lines, adequate protection thereof and also a right-of-way with right of ingress and egress thereto, over and across the following-described premises (hereinafter "easement area" ): Beginningat the Southeast Corner of Auditor's Parcel "A", in accordance with the plat thereof recorded in Plat Book 32, at Page 82, Records of the Johnson County Recorder's Office; Thence S89°35'04"W, along the South line of said Auditor's Parcel "A", 26.22 feet; Thence N07°OS'41"W, 72.47 feet; Thence N71°28,05,,E, 10.00 feet, to a Point on the Westerly Right-of-Way line of West Side Drive; Thence Southeasterly, 27.81 feet, along said Right-of-Way, on a 630.00 foot radius curve, concave Northeasterly whose 27.80 foot chord bears S19°47,46,,E; Thence Southeasterly 51.59 feet along said Right-of-Way on a 570.00 foot radius curve, concave Southwesterly whose 51.39 foot chord bears S18°~7,32,,E, to the Point of Beginning. Said tract of land contains 1,373 square feet, more or less, and is subject to ease- ments and restrictions of record. The Owner further grants to the City the following rights in connection with the above: 1. The right to grade said easement area for the full width thereof, and the right to extend the cuts and fills for such grading into and on said land along and outside of said easement area, to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away any trees and brush on said easement area, and on either side of said easement area, which now or hereafter in -2- the opinion of the interfere with the in any manner. City may be a hazard to said area, or may exercise of the City's rights hereunder The City shall indemnify the Owner against any loss and damage which shall be caused by the negligent exercise of any said ingress or egress, construction, maintenance or use by the City or its agents or employees in the course of their employment. The Owner reserves a right to use said easement area for purposes which will not interfere with the City's full enjoyment of its rights hereby granted; provided that the Owner shall not erect or construct any building, fence or other structures; plant any trees, drill or operate any well; or construct any reservoirs or other obstructions on said easement area; or diminish or substantially add to the ground cover upon said easement area. The Owner hereby covenants with the City that it is lawfully seized and possessed of the real estate above de- scribed, and that it has good and lawful right to convey it or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public im- provements at issue herein. Nor shall the Owner be deemed acting as the City's agent during the original construction and installation of said improvements. The parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on the Owner until completion by the Owner, and until acceptance by the City, as provided by law. This easement shall inure to the benefit of and bind the successors and assigns of the respective parties hereto and all covenants shall be deemed to apply to and run with the land. this ~ .day of ~-~, 94. Bec](y R. ~ladek ? -3- CITY OF IOWA CITY, IOWA gusan HorbWltZ, Mayor ~ Marian K. Karr, City Clerk STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~ day of ~z~&~_~- , 1994, before me the undersigned, a Notary Public in and for the State, person- ally appeared John R. Sladek and Becky R. Sladek, to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. Notary Publ~fc in and for the State of Iowa STATE OF IOWA JOHNSON COUNTY SS: On this 31 ~ day of ~,~ , 199~, before me, the undersigned, a Notary Public {n and for said County, in said State, personally appeared Susan Horowitz and Marian K. Karr, to me personally known, who being by me duly did say that they are the Mayor and City Clerk, respec- tively, 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 corpora- tion by authority of City Council of said municipal corpora- tion; and that the said Susan Horowitz and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation by it and by them voluntarily executed. r:34a1938.rst Notary Public in and for the State of Iowa. N71'28'05"E 10.00' AUDITOR'S PARCEL ', R = 630.~ · T = 13.91' ~,. ',, L = 27.81' CH = CHB = ~ A = 05'll I0" -'.';.'-'.'. T = 25.81' RECORDED IN BOOK 32 . .; .... L = 51.59 ,\ AT PAG[ 82, R/~DS ~ ........ CH = 51,39't OF mE ~NS~ ~UN~ ..~..'.'.'.'.'.' ' CHB = S182732 E PAR~ CON~D BY WARRAN~ / , ' ~ ~ P~NT ~ ~ ~ ', DEED RE~RDEO IN B~K ~1, AT [ ', /~ BE~NNINO ~ PA~ 173 ~ ~E RE~RDS OF ~ ~R~D ~IT~y v t ~ . ~IE ~HN~N ~N~ RECORDER'S ~ ~T' ' ~ O~CE. ~ , ,. "~,~;~. ....... ~ r- ~O ~1 ' LEGAL DESCRIPTION ~ t ~ SANITARY SEWER EASEMENT -.. AUDITOR'S PARCEL 'A' ,, [ ~ , '.... ~ ~ ,. ~ ~inning al lhe Sonlhe~l Corner o~ " '-,,~' ~ ~ j Auditors Parcel 'A', in a~ordan~ ~lh ~e ~,,~, plal ther~f r~orded In Plat ~k 32, at Page $2. Re~rds of lhe J~on Conn~ Reorders Omce; Then~ SS~3Y04-W. I HEREBY CER~FY ~AT ~IS P~T, MAP, SURLY along Ihe S~lh line ol s~d Audilot's Parcel R[PORT WAS PREPARED BY MI, OR UND[E MY DIRECT 'A', 26.2~ feel; ~en~ N07~05'41'W. 72.47 SUPER~SION, AND ~AT I AM A DULY REGISTERED I~1; ~ence N71~8~'E, 10.~ f~t. Io a LAND SUR~YOR UNDER ~E LAWS OF ~E STA~ OF Point on the W~lerly ~ghl~l-Way line ol W~I Side D~e; ~an~ ~ulhe~lefly, IOWA. 6~0.00 Iool radius cuwo, concave riOBEET D. MIC~SON, ~G NO. 7036 MY REGISTRYION EXPIRES, DECEMBER 51, 19~_~ Norlheasler[y whose 27.80 foot chord Uears 819°47'46'E: Thence 80ulheaslerly 51.59 leel along said Right-or-Way on a 570.00 foot radius curt, e, concave Soulhwesletly whose 51.39 fool chord roeam S 18°27'32'E. Io Ihe Poinl o! Beginning. Said Iracl o! land conINns 1,373 square feel, more or less, and is subJecl Io easemenls and res~lalions of record. SANITARY SEWER EASEMENT AUDITOR'S PARCEL "A" WEST SIDE PARK IOWA CITY. IOWA MF,.S 00Nso~?~rm, INc? low(= City, Iowo .,,:~ 31 g-- ;351 -- 8282 t-.:i~ RESOLUTION NO. 95-12 RESOLUTION AMENDING THE COMPREHENSIVE PLAN BY CHANGING THE LAND USE MAP DESIGNATION OF PROPERTY LOCATED NORTH OF HIGHWAY 1 WEST FROM 8-16 DWELLING UNITS PER ACRE AND 16-24 DWELLING UNITS PER ACRE TO 2-8 DWELLING UNITS PER ACRE AND GENERAL COMMERCIAL. WHEREAS, the City's comprehensive plan is a statement of goals and policies for the community; and WHEREAS, to be an effective guide for a vital community, the plan is flexible and amendable within the context of said goals and objectives described within the plan; and WHEREAS, the City Council, following public hearing has made the following findings: Portions of the vacant properties located north of Highway 1 west and known as the Ruppert tract are designated for 8-16 dwelling units per acre. Portions of the vacant properties located north of Highway 1 west, east of Harlocke Street, and known as the Jensen tract are designated for 16-24 dwelling units per acre. Due to the topography of the area, and increased vehicular congestion in the immediate area, development at densities greater than 8 units per acre is inappropriate and would have negative effects on adjacent properties. Designating for development those properties known as the Jensen tract and the western portion of the Ruppert tract at 2-8 dwelling units per acre recognizes the topographic and vehicular access limitations of these areas, Designating the property known as the eastern portion of the Ruppert tract for commercial development recognizes the appropriateness of commercial development on this portion of the property' which has vehicular access to Highway 1 west. WHEREAS, based upon the preceeding findings, the City Council of Iowa City determines that changing the land use map designation of property located north of Highway 1 and east of Harlocke Street, known as the Jensen tract, from 16-24 dwelling units per acre to 2-8 dwelling units per acre falls within the context of the goals and objectives of the comprehen- sive plan; and WHEREAS, based upon the preceeding findings, the City Council of Iowa City determines that changing the land use map designation of property located north of Highway 1, known as the western portion of the Ruppert tract, from 8-16 dwelling units per acre to 2-8 dwelling units per acre falls within the context of the goals and objectives of the comprehensive plan; and WHEREAS, based upon the preceeding findings, the City Council of Iowa City determines that changing the land use map designation of property located north of Highway 1, known as the Resolution No. 95-12 Page 2 eastern portion of the Ruppert tract, from 8-16 dwelling units per acre to general commercial falls within the context of the goals and objectives of the comprehensive plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF IOWA CITY, IOWA, that: The comprehensive plan land use map is hereby amended by changing the land use map designation of property located north of Highway 1 and east of Harlocke Street, known as the Jensen tract, from 16-24 dwelling units per acre to 2-8 dwelling units per acre. o The comprehensive plan land use map is hereby amended by changing the land use map designation of property located north of Highway 1, known as the western portion of the Ruppert tract, from 8-16 dwelling units per acre to 2-8 dwelling units per acre. The comprehensive plan land use map is hereby amended by changing the land use map designation of property located north of Highway I, known as the eastern portion of the Ruppert tract, from 8-16 dwelling units per acre to general commercial. Passed and approved this 3~sf, day of January , 1995. ATTEST: ~ '~.2 CITY CLERK It was moved by t~ov~_ck and seconded by adopted, and upon roll call there were: Thro~ao~ton the Resolution be AYES: NAYS: ABSENT: X X X X X x Baker Horowitz Kubby Lehman Novick Pigott Throgmorton ppdadmin~rupperL~es RESOLUTION NO. 95-13 RESOLUTION ESTABLISHING A REVISED SCHEDULE OF FEES AND CHARGES FOR PARKS AND RECREATION SERVICES AND PROGRAMS. WHEREAS, the City Code provides that, "Upon recommendation of the Parks and Recreation Commission, all Parks and Recreation fees shall be established by City Council resolution"; and WHEREAS, the Parks and Recreation Commission has reviewed all fees and is recommending certain increases to be implemented in FY95 and FY96; and WHEREAS, it is in the public interest to occasionally revise said fees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the attacheU schedule of fees and charges for parks and recreation services and programs be adopted. Passed and approved this ~ day of .]~n.~*y ,1995. A. EST: CITY CLERK Approved It was moved by ~h~,~nr~,,n and seconded by Lahman the Resolution be adopted, and upon roll call there ware: AYES: NAYS: ABSENT: ABSTAIN: Baker Horowitz Kubby X Lehman Novick Pigott Throgmorton parksrec~fees.res City of Iowa City Parks and Recreation Department RECREATION DMSION FEES & CHARGES FY89-FY95 P~0POSD and 'TENTATIVE PROPOSALS FoR F¥97 & FY98 (to be reviewed annually) ADOPTED BY PARKS & RECREATION COMMISSION PROPOSED SPORTS ~ELLNESS FY89 FY50 FY91 FY92 FY93 FY94 FY95 FY96 Aerob:~cs- 5 Classes 6.50 6.50 6.50 6.75 6.75 7.50 8.75 8.75 ) 10 Classes 13. O0 13. O0 13. O0 13.50 13.50 15. O0 17.50 17.50 ) Punch Card NA NA NA NA NA 17.50' 30.00-* 30.00 Fitmess 13. O0 13 · O0 13. O0 13.50 13.50 15. O0 17.50 17.50 SH/BH Field Rental- Without lights 5.00 5.00 5.00 6.00 6.00 6.50 6.50 7.00 ) With light~ 15.00 15.00 15.00 18.00 18.00 20.00 20.00 22.00 ) Adult Softba11- S---~er leagues 300.00 300.00 300.00 310.00 310.00 325.00 330.00 330.00 Fall leagues 140.00 155.00 155.00 160.00 160.00 170.00 175.00 175.00 Forfeit fee 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 Adult Volleyball- Indoor leagues 70.00 70.00 70.00 75.00 75.00 80.00 80.00 85.00 Outdoor leagues 40.00 40.00 40.00 45.00 45.00 50.O0 50.00 55.00 Forfeit fee 10.00 10.00 10.00 10.00 10,00 10.00 10.00 10.00 Adult Basketball- League fee 160.00 160.00 160.00 165. O0 165.00 175.00 175.00 180.00 Forfeit fee 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 High School Basketball- L~gue fee NA 50.00 60.00 70.00 70.00 75.00 75.00 80.00 Court f~e (hr.) 2.50 2.50 2.50 2.50 2.50 2.50 2.50 2.50 Lessons 5.00 5.00 5.00 5.00 5.00 5.25 5.25 5.50 Yout~ Fool:ball 10.00 10.00 10.00 10.00 10.00 12.00 15.00 15.00 Youth Volleyball 10.00 10.00 10.00 10.00 10.00 12.00 15.00 15.00 ~outh Basketball 10.00' 10.00 10.00 10.00 10.00 12.00 15.00 15.00 Youth Gl~nastlcs-- 5 sessions 6.00 6.00 6.00 7.00 7.00 7.50 7.50 5.75 ) 10 sessions 12.00 12.00 12.00 14.00 14.00 ~5.00 15.00 17.50 ) Youth Tennis (10) 12.00 12.00 12.00 12.00 12.00 12.00 15.00 15.00 Adult Tezmis (10) 12.00 12.00 12.00 12.00 12.00 12.00 17.50 17.50 ~'&~ Tennis (24) 12.00 12.00 12.00 12.00 12.00 18.00 18.00 18.00 Other spor~s/wellness revenue (reimbursement for youth softball umpires) ......................... TOTAL SPORTS/W~.v.~ESS REVERUE Less Sales Tax ~ TOTAL, 8PORTS/W~r~.~SS P~e~a~0E * 10-pench pass (unlimited n-mher sold~ Interchangeable with Aquaoise classes) ** 15-punc/l pass (unlimitd number sold~ interchangeable with Aquacise classes) ESTIMATED TOTAL TENTATIlrE TENTATIVE F~%rENu= F¥97 FY98 10,732 3,720 5,145 ~,000 42,240 7,000 300 14,875 1,100 300 14,400 150 1~280 2,450 110 7,500 1,875 6,000 5,000 780 1~312 6,408 5,955 $143,632 - 4.45~ S139.17________Z 20.00 20.00 33.75 33.75 17.50 17.50 7.00 7.50 22.00 24.00 335.00 335.00 180.00 180.00 10.00 10.00 85.00 90.00 55.00 60.00 10.00 10.00 180.00 185.00 10.00 10.00 80.00 80.00 2.50 3.00 5.50 5.50 17.50 17.50 17.50 17.50 17.50 17.50 6.7~ 8.75 17.50 17.50 17.50 17.50 20.00 20.00 21.00 21.00 SOCrAIJCULTURAL F¥89 F~90 Dark Room ( 2 hrs. ) 4.00 4.00 Potter 'e Studio- Card (4 months) 20.00 20.00 Clay (25 lbs.) 4.50 7.00 Kindergrounds- 1 day/week 2.50 2.50 2 days/week 5.00 5.00 C~ild~en · s Theatre 12.00 12.00 Science & Nature 6--12 6--12 Children · s Cultural 6.00 6.00 Adult Cultural 25.00 25-35 Children' s Social 4-8 4-8 One session 100.00 90.00 Two sessions 180.00 180.00 Three sessions 235.00 270.00 Supervised Play 12.00 12 · 00 Steer Playgrounds Halloween Parade/Carnival Swim Fest Arts Fest Golden Age Chris~s Dinner ~s¢. Other Special ~ven~ 4.00 20.00 8.00 2.50 5.00 12.00 6-12 6.00 25-35 4-8 FY82 6.00 24.00 10.'00 3.00 6.00 15.00 7.50--15 7.50 30--45 5-10 F¥93 6.00 24.00 10.00 3.00 6.00 15.00 7.50--15 7.50 30-45 5-10 FY94 6.00 PROPOSED TOTAL F¥95 F~9~ REVENUE TENTATIVE TENTATIVE F¥s7 F¥98 7.00 7.00 504 7.00 7.00 30.00 34.00 34.00 1,802 COSt + 5% COSt + 5% Cost + 5% 2,190 3.00 3.50 3.50 ) 6.00 7.00 7.00 ) 2,887 15.00 17.50 17.50 3,902 7.50--15 8.75--17.50 8.75--17.50 1,575 7.50 8.75 8.75 6t956 35-45 40--50 40-50 7,425 6-12 7--14 7.50-15 22,000 100.00 105.00 105.00 110.00 115.00 115.00 ) 200.00 210.00 210.00 220.00 230.00 230.00 ) 300.00 315.00 315.00 330.00 345.00 345.00 ) 400.00 420.00 420.00 440.00 460.00 460.00 ) 95,050 12.00 14.00 14.00 15.00 16.00 16.00 6,400 $150.691 TOTAL SOCIAL/CUL-i.u~J~L P. EVENUE 40.00 40.00 Cost + 5% 4.00 4.00 8.00 8.00 20.00 20.00 10-20 10-20 10.00 10.00 45-55 45-55 8--16 8--16 120.00 120.00 240.00 240.00 360.00 360.00 480.00 480.00 16.00 16.00 AOUATICS FY89 FY90 F¥91 FY92 FY93 Daily Admissions-- Yout~ .75 .75 .75 1. O0 1.00 Adult 1.50 1.50 1.50 1.50 1.50 Punch Cards- Youth (20 adm.) 12.75 12.75 12.75 17.00 17.00 Adult f20 adm.) 25.50 25.50 25.50 25.50 25.50 $,,mme. r/3 month Passes- Youth 30.00 30.00 30.00 40.00 40.00 Adult 45.00 50.00 50.00 50.00 50.00 F~iy (4 people) 75.00 80.00 80.00 9o.0o 90.00 1st addition 15.00 15.00 15.00 10.00 10.00. Other additions 7.50 7.50 7.50 10.00 10.00 A~nuel Passes- Youth 55.00 55.00 55.00 73.00 73.00 Adult 85.00 90.00 90.00 90.0O 90.00 Family (4 people) 135.00 145.00 145.00 163.00 163.00 1St addition 27.50 27.50 27.50 20.00 20.00 0~her additions 13.75 13.75 13.75 20.00 20.00 Pool Rentals (per hr.)- General Public: Re¢ Center 25.00 MPAC 75.00 Swim Club: 25 yard/meter 15.00 50 yard/meter 15.00 ESTIMATED PROPOSED TOTAL T~TATIVE TENTATIVE FY94 FY95 FY96 ~NU~ F¥97 F¥98 1.00 1.00 1.25 58,750 1.25 1.50 1.50 1.50 1.75 75,250 1.75 1.75 TOTA~ DA~LYADMISSIONS $134,000 17.00 17.00 21.25 7,862 21.25 25.50 25.50 25.50 29.75 11,305 29.75 29.75 TOTAL PUNCH CARDS $ 19t167 40.00 45.00 4g.00* 10,535 49.00 59.00 50.00 60.00 68.00' 10,200 68.00 68.00 90.00 105.00 117o00' 5,265 117.00 127.00 10.00 10.00 10.00 70 10.00 15.00 10.00 10.00 10.00 70 10.00 15.00 73.00 82.00 98.00 3,920 98.00 118.00 90.00 105.00 136.00 28,560 136.00 136.00 163.00 187.00 234.00 7,020 234.00 254.00 20.00 20.00 20.00 160 20.00 30.00 . 20.00 20.00 20.00 140 20.00 30.00 TOTAL PASSES $ 65,940 25.00 25.00 25.00 25.00 25.00 25-50 25-50 ) 25-50 25-50 75.00 75.00 75.00 75.00 75.00 75.00 75.00 ) 1,500 75.00 75.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 ) 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 30.00**) 13,000 30.00 30.00 TOTAL l~Ii~ALS $ 14,500 The proposal for FY96 is to eliminate the sum~er pass and replace it wi~h a 3-month pass which can be purchased anytime, and is valid from the date of purchase. This means patrons will have the option of purchasing a 3-month pass or e 12-month pass anytime during the year. ** Exclusive use of entire eight lanes of the pool AC~IATICS FY89 FY90 FY91 FY92 FY93 Instructional Programs- Parent/Tot (10 @ 45 min.) 12.00 12.00 12.00 12.00 12.00 Preschool (10 @ 45 min.) 15.00 15.00 15.00 15.00 15.00 *Red Cross Basic (10 @ 45 min.) 12.00 12.00 12.00 12.00 12.00 Private Lessons (5 hrs. ) 25.00 25.00 25.00 25.00 25.00 Adult (10 @ 45 mt.n.) 15.00 15.00 15,.00 15.00 15.00 Diving (10 @ 45 ~n.) 15.00 15.00 15.00 15.00 15.00 *Basic Water Safety (10 hrs.) NA 16.00 15.00 16.00 16.00 *Cuu~nity Water Safety (10 hrs. ) NA NA NA NA *Emergency Water Safety (10 b_rs.) NA 19.00 16.00 16.00 16.00 *Ltfeguar~ing *Water Safety Aide (20 hrso) 21.00 21.00 21.00 21.00 21.00 *Water Safety Instructor (40 hrs.) 36.00 60.00 60.00 60.00 60.00 *Advanced Swayer (10 hrS. ) 16.00 16.00 16.00 16.00 16.00 *Lffeguard Instr~¢. [ 27 hrs. ) NA NA NA NA NA These fees include a $1 surcharge by the American Red Cross. Required class hours increased from 30 to 46 hot~'s. ESTIMATED PROPOSED TOTAL FY94 FY95 FY96 REVENUE 15.00 15.00 15.00 4,050 15.00 15.00 15.00 14,100 16.00 16.00 16.00 32~240 26.25 26.25 27.50 8,745 20.00 20.00 20.00 680 15.00 15.00 15.00 675 18.50 18.50 NA 0 NA NA 10.50 146 18.50 18.50 NA 0 83.50 53.50 53.50 lw765 36.00 36.00 36.00 288 71.00 71,00 71.00 426 18.50 18.50 NA 0 NA NA 44.00 352 TOTAL INSTRUCTIONAL PROGI~MS $ 63,4~9 TENTATIVE TEI~TATI-vTE FY97 F~98 17.50 17.50 17.50 17.50 18.50 18.50 27.50 27.50 20.00 20.00 17.50 17.50 NA NA 18.50 18.50 NA NA 75.00** 75.00 41.00 41.00 81.00 81.00 NA NA 44.00 44.00 EST~/~ATED PROPOSED TOTAL AOUATI~ FY89 FY90 PY91 FY92 FY93 FY94 FY95 ]?Y96 Ao/~ci. se (h=.) 1.50 1.50 1.50 1.50 1.50 1.50 1.75 1.75 8,706 A~ua-Pass 36.00 36.00 55.00 NA NA NA NA NA Ac/~a-Pu~ch NA NA NA 17.50- 17.50- 17.50, 30.00** 30.00** 12,000 TOTAL AQUACISE/AQUA-PUNCH $ 20,706 Lockers- city Park .10-.50 .10-.50 .10-.50 .10-.50 .10-.50 Hercer Park .10-. 50 .10-. 50 .10-. 50 .10-. 50 .10-.50 Other Ac/uatics Revenue- .10-.50 .10-.50 .10-.50 1,800 · 10-.50 .10-.50 .10-.50 6,660 ~OTAL'LO~J~ $ 8,460 School District (cost share for M~AC~ 25% of specified items) ................................. V~nding - Mercer Park Aquatic Center .......................................................... Vending - City Park Pool ...................................................................... TOTAL AQUATICS REV~NU~ Less Sales Tax GRAND TOTAL, AQUATICS ~U= 59,504 4,195 $394,3~1 TENTATIV~ '£~TATIVE FY98 2.00 2.00 NA 33.75** 33.75 .10-.50 .10-.50 .10-.50 .10-.50 * '10-punch pass (unlimited ~!~er sold~ interchangeable with aerobics classes) ** 15-~tmch pass (t~tlim~ted ~,,~er sold~ interchan~eable with aerobics classes) SPECIAL ~O~U~ATiONS FYgg SPZ Clubs 4.00 SPZ Special Event~ 8.00 SPI Rec Programs 5.00 FY90 FY91 FY92 FY93 FY94 4.00 4.00 4.00 4.00 4.00 8.00 8.00 10.00 10.00 10.00 5.00 5.00 5.00 5.00 5.00 SPI Adapted Aquatics 7.50 7.50 7.50 10.00 10.00 10.00 SPI Clubs eGo~dtimer Club *Coffeehouse Club *Bowling Tournament & Banquet Sports Day Special Olympics Competitions ltalloween Dance Other Holiday Special Events Su~r Picnic Friends Program Misc. Others SPI Adaeted Aouatics *Swim instruction for persons w/physical limitations only *Swin t-~s~ruotion for children & adults w/special n~eds * Program,/activities for which fees are assessed IESTLMATED PROPOSED TOTAL FY95 F¥96 REVERIIE 5. O0 5.00 250 lO.00 10.0o 800 7.50 7.50 6,600 ( 1.50/class ) 10.00 12.50 500 SPI Rec Programs SPORTS & FITNESS: *Aerobics Dance ~sketball Gymnastics Cheerleading Flag Football Track & Field Soccer *Aqua-slLretch Softball *Aquatics Billiards Table Tennis *Fishing Bicycling Downhill Skiing *(ski ticke~s) OUTDOOR/NATu~.E ACTIVITIES: Hiking Plant & Animal Life Classes MUSIC PROGRAMS: Vocal Music Groups Rhythm Ins~mment Groups TENTATIVE TENTAT IV~ FY98 6.00 6.00 12.00 8-16 7.50 4-15 15.00 15.00 INDEPENDENT LIVING: *Cobking *sign Language ~Relaxation ~nvironmantal Education *Leisure Education (and other topics of intersst to perticipants) *Fascinating Flowers *Art i~ the Park *Pottery *Fabric Paints Ar~ Drama a Theatre Classes *Dance classes (jazz, ba11~t, modern, line dance, creative dance, square dance, etc.) *Many other art classes using a variety of materials TOTAL S.P.I. REVEnue: .~ 8.150 ~..A.TION C"E~'J.'Jf, R FYS~ FY90 FY91 FY92 ~93 M~t~ Roo~ (~ 3 ~. ~e) 5.00 5.00 5.00 5.00 5.00 7.50 (~ 3 ~. ~) 25.00 25.00 25.00 25.00 25.00 37.50 ~1~ Cou~ 12.50 12.50 12.50 12.50 12.50 12.50 ~11 CouP. 25.00 25.00 25.00 25.00 25.00 25.00 (cotn-o~t~) .25 .25 .25 .25 .25 .25 Hon~ly 2.00 2.00 2.00 2.00 2.00 2.00 ~ Hon~h~ 10.00 10.00 10.00 10.o0 10.00 10.00 vending, Re¢. Ctr ........................................................... Ec/uiIm~nt Ren~al-- W~y 1.00 1. O0 1. O0 1.00 1. O0 1 · 00 W~H;~t;:end 3.00 3.00 3.00 3.00 3.00 3.00 Ga~ Room Dro10--.tn Use .No fee No fee N° fee No fee NO fee ]S8TIMATED PROPOSED TOTAL FY95 FY96 REVENOE 7.50 7.50 2t370 37.50 37.50 5,325 18.75 18.75 169 37.50 37.50 337 .25 .2s ) 2.00 2.00 ) 10.00 10.00 ) 3,100 .................... 7~600 1.oo 2.00 ) 3.00 4.00 ) lw500 NO fee No fee NO fee TOTAL REClUEATION Daily 5.00 5.00 5.00 5.00 5.00 5.00 6.00 6.00 ) season (per m~ket) 3.60 3.60 3.60 3.60 3.60 ' 3.60 4.60 4.60 ) 9,303 TOTAL FAR/~'SMAItI~T ~ 9-30~ ~'~N-~O~T~~8 Ho~I~o~1 T~ (15% sup~ ~AC ~ations) ................................................... 60,000 Non-r~td~ f~s (for ~s~11~eo~ ac~tvtti~ ~oughout division) ............................. 5.00~ TENTATIVE TENTATIVE FY98 7.50 8.00 37.50 40.00 18.75 18.75 37.50 37.50 .25 .25 2.00 2.00 10.00 10.00 2.00 2.00 4.00 4.00 No fee No fee 6.00 6.50 4.60 5.00 TOTALREC~TEATZON DIVZSZONIq~/EI~u~ $776.043 (non-prolmrt:y t~x) RECRI~rlrION DIVI-~'rON R,'tvili~u~-'q & BUDG]~ 1~96 Total Non-Property Tax Revenues 776 ~ 043 FY96 Proposed Budqet 1~831~693 Less Capital Outlay - 93,005 $1.738.688 Non-Property Tax Revenue to Support Budget = 44.63% Stated Goal (Not Required) 45.00% RESOLUTION NO. 95-14 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE IOWA RIVER FLOOD REPAIRS PROJECT. WHEREAS, Barker's, Inc. of Iowa City, Iowa has submitted the lowest responsible bid of $420,150.50 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The contract for the construction of the above-named project is hereby awarded to Barker's, Inc. of Iowa City, Iowa subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. Passed and approved this 31st day of January ,1995. CITY CLERK City Attorney s Office It was moved by Novtck and seconded by adopted, and upon roll call there were: ?igott AYES: NAYS: ABSENT: pweng~fldrepr. tas X X X X X X the Resolution be Baker Horowitz Kubby Lehman Novick Pigott Throgmorton RESOLUTION NO. 95-15 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA DEPARTMENT OF TRANSPORTATION FOR FEDERAL TRANSPORTATION ENHANCEMENT FUNDS WHEREAS, federal Transportation Enhancement funds are available through the Surface Transportation Program of ISTEA for trail projects; and WHEREAS, the Iowa River Corridor Trail Plan has been adopted by the City of Iowa City and other public entities in the Iowa City Urbanized Area; and WHEREAS, the JCCOG Urbanized Area Policy Board has taken action to allocate t~l 11,700 in Transportation Enhancement funds to construct the segment of the Iowa River Corridor Trail between the Iowa Memorial Union Bridge and Iowa Avenue; 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 agreement for federal Transportation Enhancement funds between the City of Iowa City and the Iowa Department of Transportation. JCCOG and City of Iowa City staff are authorized to submit any additional documenta- tion required by Iowa DOT. Passed and approved this 31st day of January , 1995. ATTEST: ~ CITY CLERK Approved by - City Attorney's Office /_~..~-- It was moved by ?iAott and seconded by adopted, and upon roll call there were: Throg~orton AYES: NAYS: ABSENT: x X X X X x x jccogtpt~railfnd. ms Baker Horowitz Kubby Lehman Novick Pigott Throgmorton the Resolution be 1owa Department of Transportation East Central Iowa Transportation Center 319-364-0235 430 Sixteenth Avenue SW FAX: 319-364-9614 P.O. Box 3150, Cedar Rapids, IA 52406-3150 Ianua76,1995 STP-E-3?lS(3)--SV-52 Johnson County City of Iowa City Agreement 94-EU-49 City Engineer Civio Center 410 East Washington Street Iowa City, IA 52240-1826 SUBJECT: Iowa River Corridor Trail Dear Rick: Attached are two (2) copies of an agreement between the City of Iowa City and the Iowa Departmeat of Transportation for the above refereaced enhancement project. The project involves construction of a segment of the Iowa River Corridor Trail from the Iowa Memorial Union Bridge to Iowa Avenue. Please secure the necessary approvals and signatures of your City Council and return both signed copies of the agreement to this office for further processing. An original of the fully executed agreement will be forwarded to the city after final signature by our department. You or any other engineer involved in the project should carefully review both the exhibit sections that pertain to right of way acquisition and the agreement paragraphs pertaining to the amount of Federal funds. If you have any questions concerning this agreement, please contact me at the above listed phone number. Very truly yours, Richard B. Kautz, P.E. Local Systems Engineer RBK:keh Attachment 'IOWA RIVER CORRIDOR TRAIL I.M.U. Bridge to Iowa Avenue 11 - 9& IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR T~NSPO~TATION ENHANCEMENT PROG~M PROJECT RECIPIE~: City of Iowa City COUNTY: Johnson PROJECT NO.: STP-E-3715(3)-8V-52 IOWA DOT AGREEMENT NO.: g4-EU-4g This is an agreement between the City of Iowa City (hereinafter referred to as RECIPIENT) and the Iowa Oepartment of Transportation (hereinafter referred to as the DEPARTMENT). Iowa Code Section 30GA.?, provides for the RECIPIENT and the OEPARll4E~ to enter into agreements with each other for the purpose of financing transportation improvement projects on streets and highways in Iowa with Federal funds. The RECIPIENT proposes a Transportation Enhancement project for funding under Sec. 133 (b) (8) :nd Sec. 101 (a) of Title 23, United States Code. The Intermodal Surface Transportation Efficiency Act of Zggl (IST~) established the Surface Transportation Program (STP). Federal regulations provide that the STP funds are to be administered by the DEPARTMENT. Pursuant to the terms of this agreement, applicable statutes, administrative rules, and programming by the appropriate Metropolitan Planning Organization/Regional Planning Affiliation, the DEPARTMENT agrees to provide STP enhancement funding to the RECIPIENT for the authorized and approved costs for eligible items associated with said improvements. In consideration of the foregoing and the mutual promises contained in this agreement, the parties agree as follows: The RECIPIENT shall be the lead local governmental agency for carrying out the provisions of this agreement. All notices required under this agreemint shall be made in writing to the DEPARTMENT and the RECIPIENT's contact person. The OEPARI~tENT's contact person shall be the Local Systems Engineer of the East Central Iowa Transportation Center. The RECIPIENT's contact person shall be the City Engineer of Iowa City. The RECIPIENT shall be responsible for the development and completion of the following described Transportation Enhancement project: A segment of the Iowa River Corridor Trail from the Iowa Memorial Union Bridge to Iowa Avenue. Agreement No: 94-EU-4g Page 2 e The RECZPIENT shall receive reimbursement of Federal STP Enhancement funds for authorized and approved project costs of eligible items. The portton of the eligible project costs paid by Federal STP Enhancement funds shall be limited to a maximum of either 80 percent of eligible costs or the amount stipulated in the current ( MPO ~ ) Transportation Improvement Program (TIP) and approved in the current Statewide Transportation Zmprovement Program (STIP), whichever is less. This agreement will become null and void if the project described in Section 3 drops out of (MPOx~dl~i~ current TIP or the approved current STIP prior to obligation of Federal funds. The attached Exhibit IE will apply and is hereby made a part of this a~reement. Agreement No: 94-EU-49 Page 3' IN WITNESS WHEREOF, each of the parties hereto has executed Agreement Number 94-EU~49 as of the date shown opposite its signature below. RECIPIENT: City of Iowa City By Date , lg Title ATTEST: Signed ~provlld By Title ~ /"*Y?' ~*'s'****~ Date City Attorney's Office IOWA DEPARTMENT OF TRANSPORTATION Project Development Division , lg Larry R. Jesse, P.E. Urban Systems Engineer Office of Local Systems Date ,19 EXHIBIT IE Stanc~ard* Provisions for Federal-Aid Transportation Enhancement Project Agreements Since this project is to be financed with local and Federal funds, the RECIPIENT shall take the necessary actions to comply with applicable State and Federal laws and regulations. In a]] programs and activities of Federal-aid recipients, subrecipients, and contractors, no person in the United States shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination on the grounds of race, color, national origin, sex, age, or handicap/disability. The DEPARTMENT wtl] determine a Disadvantage Business Enterprise (DBE) commitment on all Federal-aid projects. The RECIPIENT shall take the appropriate actions and prepare the necessary documents to fulfill the requirements of the DEPARTNENT's Action Plan for project environmental studies including historical/cultural reviews and location/design approval. If farmland is to be acquired, whether for use as project right-of-way or permanent easement, the RECIPIENT shall submit the U.S. Department of Agriculture Farmland Conversion Impact Rating form, when required, to the Soils Conservation District OfficE. The RECIPIENT shall obtain agreements, as needed, from railroad and utility companies and shall obtain project permits and approvals, when necessary, from the Iowa Department of Cultural Affairs (State Historic Preservation Office), Iowa Oeparthmnt of Natural Resources, State Conservation Commission, U.S. Coast Guard, and U.S. Army Corps of Engineers, etc. General Requirements and Covents (Oivision 11) of the standard specifications shall apply to all projects. The project plans, specifications and project cost estimate (PS&E) shall be prepared and certified by a professional engineer/architect licensed to practice in the State of Iowa. The RECIPIENT shall submit the plans, specifications and other contract documents to the DEPARTMENT for review and authorization to let the project. If FedeFal-aid is requested for preliminary and/or construction engineering, the RECIPIENT will select a consultant{s) in accordance with the DEPARTMENT's consultant selection process. Construction engineering cost will be limited to a maximum of 15~ of construction cost. The RECIPIENT and Consultant shall prepare the consultant c~ntract for preliminary engineering services in accordance with Title 23, Code of Federal Regulations, Part 172 - Administration of Negotiated Contracts (23 CFR 172). After the contents of the consultant contract have been mutually approved, the RECIPI[NT shall execute the contract and forward the same to the DEPARTMENT for authorization. EXHIBIT IE -2- The RECIPIENT sha]l acquire the project ~ight-of-way, whether b~ permanent easement or fee title-and )h~l:l p~ovite r~locatioh'a~si~tance.. benefits ~nd payments in accordance'with the procedures set forth in the DEPARTMENT's Right of Way manual. The RECIPIENT shall contact the DEPARTMENT for assistance, as necessary, to ensure compliance with the required procedures. If the RECIPIENT requests Federal-aid participation for right-of-way acquisition, the RECIPIENT will need to get environmental clearance and Federal Highway Administration's (FNWA) authorization before purchasing any needed right-of-w~. 10. The RECIPIENT shall comply with the Policy for accommodating utilities on city and county federal-aid highways right of way. Certain utility reiDcation, alteration, adjustment, or removal costs to the RECIPIENT for the project may be eligible for Federal-aid reimbursement in accordance with the FHWA rules applicable to the type of utility involved and Chapter 306A, Code of Iowa. 11. Traffic control devices, signing, or pavement markings installed within the limits of this. project shall conform to the "Manual on Uniform Traffic Control Devices for streets and Highways" per 761 Iowa Administrative Code(IAC) Chapter 130. 12. The RECIPIENT shall forward a Federal-aid Project Development Certification and final PS&E to the DEPARTMENT. The RECIPIENT shall comply with the public hearing requirements of the Iowa Code section 384.102. 13. The project will be let by the DEPARTMENT in accordance with its normal letting procedures. After bids are received and opened, the DEPARTMENT will furnish the RECIPIENT with a tabulation of all bids received. 14. The DEPARTMENT will review the bid tabulations and proposals, and will prepare an Iowa DOT Staff Action for concurrence to award the contract. The DEPARTMENT will mail the unexecuted contract to the approved low bidder. 15. Upon concurrence to award the contract, the DEPARTMENT will notify the RECIPIENT. The RECIPIENT shall then enter into a contract with the contractor. The RECIPIENT shall forward to the DEPARll4ENT three (3) copies of the contract, performance bond, and certificate of insurance. 16. 17. 18. The DEPARTMENT will prepare the Federal-aid Project Agreement and submit it for Federal Highway Administration (FHWA) approval and obligation of Federal-aid funds. The RECIPIENT may submit to the DEPARTMENT periodic itemized claims for reimbursement for eligible project costs. Reimbursement claims shall include certification that all eligible project costs, for which reimbursement is requested, have. been completed in substantial compliance with the terms of this agreement. The DEPARTMENT shall reimburse the RECIPIENT for properly documented and certified claims for eligible project costs, either by state warrant, or by crediting other accounts from which payment may have been initially made. If, upon audits of contracts, the DEPARTMENT determines the RECIPIENT is overpaid, the RECIPIENTshall reimburse the overpaid amount to the DEPARTMENT. EXHIBIT IE -3- *~9. Upon 'c~mpletion of the project .described in this agreement~ a .:' ~rbTe~si*onal ~n~i~eer/~.rchiteet licensed tb~practice in the Sba~Of- Iowa shall certify in writing to the DEPARTMENT, that the project w~s completed in substantial compliance with the plans and specifications set out in this agreement. Final reimbursement of Federal funds shall be made only after the DEPARTMENT accepts the project as complete. 20. The RECIPIENT shall maintain all books, documents, papers, accounting records, reports and other evidence pertaining to costs incurred for the project. The RECIPIENT shall also make such material available at all reasonable times during the construction period and for three years from the date of final Federal reimbursement, for inspection by the DEPARTMENT, FHWA, or any authorized representatives of the Federal Government. Copies of said materials shall be furnished by the RECIPIENT if requested. 21. The RECIPIENT agrees to indemnify, defend and hold the DEPARTMENT harmless from any action or liability arising out of the design, construction, maintenance, placement of traffic control devices, or inspection or use of this p~oject. This agreement to indemnify, defend and hold harmless applies to all aspects of the DEPARTMENT's application review and approval process, plan and construction reviews, and funding participation. 22. 23. The RECIPIENT shall maintain, or cause to be maintained, the completed improvement in a manner acceptable to the DEPARTMENT and the FHWA. Implementation of Clean Air Act and Federal Water Pollution Control Act (Applicable to Contracts and Subcontracts which exceed $100,000): The RECIPIENT stipulates that any facility to be utilized in performance under or to benefit from this agreement is not listed on the Environmental Protection Agency (EPA} List of Violating Facilities or is under consideration to be listed. This is issued pursuant to the requirements of the Clean Air Act, as amended, and the Federal Water Pollution Control Act, as amended. The RECIPIENT agrees to comply with all of the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act, and all regulations and guidelines issued thereunder. 24. 25. If any part of this agreement is found to be void and unenforceable, then the remaining provisions of this agreement shall remain in effect. It is the intent of both parties that no third party beneficiaries be created by this agreement. 26. If the RECIPIENT elects to levy special assessments as a means of raising the local share of the total project costs, the RECIPIENT shall reimburse the DEPARTMENT in the amount that payments of Federal-aid and collections of special assessments, excluding interest and penalties, exceed the total cost of the public improvement as established by the provisions of Iowa Code, Chapter 384. The RECIPIENT agrees that at such time as its collections (exclusive of interest and penalties which shall be retained by the RECIPIENT) from special assessments levied for this project exceed the local share of the total projects costs, the EXHIBIT IE -4- 27. 28. 'RECIPIENT shall refund td t~e ~EPARTMENT'all funds coll~c~ff t~ eWeess of the total project cost~ (including interest and penalties associated with the amount of the excess) within sixty (60) days of the receipt of any special assessment payments. The RECIPIENT shall notify.the DEPARTMENT when any lands specially assessed no longer qualify for an agricultural deferment of the special assessment, and notify the DEPARTMENT when all special assessments have been satisfied. The OEPARTMENT shall credit reimbursement billings to the FHWA in the amount of refunds received from the RECIPIENT. This agreement shall be executed and delivered in two or more copies, each of which so executed and delivered shall be deemed to be an original and shall constitute but one and the-same instrument. This agreement, as set forth in items 1 through 6 anti exhibit paragraphs 1 through 28 herein, constitutes the entire agreement between the OEPARTMENT and the RECIPIENT concerning this project. Representations made before the signing of this agreement are not binding, and neither party has relied upon conflicting representations in entering into this agreement. Any change or alteration to the terms of this agreement must be made in the form of an addendum to this agreement. Said addendum shall become effective only upon written approval of the DEPARTMENT and the RECIPIENT.. RESOLUTION NO. 95-16 RESOLUTION ESTABLISHING 28E AGREEMENT BETWEEN THE IOWA CiTY POLICE DEPARTMENT (ICPD), THE CORALViLLE POLICE DEPARTMENT (CPD) AND THE IOWA ClTYICORALVILLE SAFE CERTIFIED COMMUNITIES MEMBERSHIP (SAFE). WHEREAS, ICPD AND CPD are law enforcement agencies of the contiguous communities of Iowa City and Coralville, Iowa, and so located that it is advantageous to work together toward the mutual benefit of both communities; and WHEREAS, SAFE operates within the service area of both ICPD and CPD, and SAFE's membership is drawn from a cross section of both communities; and WHEREAS, Chapter 28E, Code of Iowa (1993) permits local governments to make efficient use of their powers by providing joint services and facilities with other local governments, and by cooperating to mutual advantage; and WHEREAS, the ICPD, CPD and SAFE desire to enter into a mutual aid agreement as provided by Chapter 28E, the Code, to develop and participate in activities to enhance a neighborhood watch program, and to apply for and administer a grant from the Governor's Alliance on Substance Abuse. Said program will include home analysis, operation identification, car security information, and applications for grants. NOW, THEREFORE,. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, That the attached 28E Agreement between the Iowa City Police Department, the Coralville Police Department and the Iowa CitylCoralville Safe Communities Membership be adopted and effective January 16, 1995; That the Mayor and City Clerk be, and they are hereby authorized and directed to execute and attest said Chapter 28E Agreement for and on behalf of the City of Iowa City, Iowa; That the City Clerk be and is hereby authorized and directed to file said Agreement in the offices of the Secretary of State and the Johnson County Recorder, as provided by Chapter 28E of the Iowa Code. Passed and approved this 31st day of ,]an,,ary , 1995. ATTEST: CITY CLERK Y~OR Appro d by Resolution .No. 95-16 Page. 2 it was moved by ~,,hh7 and seconded by adopted, and upon rol~. call there were: · AYES: NAYS: the Resolution be ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton 28E AGREEMENT BETWEEN THE IOWA CITY POLICE DEPARTMENT, CORALVILLE POLICE DEPARTMENT and IOWA CITY/ CORALVILLE SAFE COMMUNITIES MEMBERSHIP This Agreement is made and entered into by and between the Iowa City Police Department, ("ICPD"), a deparlment of the City of Iowa City, Iowa; the Coralville Police Department, ("CPD"), a department of the City of Coralville, Iowa, and the Iowa City/Coralville SAFE Certified Communities Membership ("SAFE"), a nonpmlit program certified by the State of Iowa. They may be referred to collectively in this Agreement as the "Parties". WHEREAS, ICPD and CPD are law enforcement agencies of the contiguous communities of Iowa City and Coralville, Iowa, and so located that it is advantageous to work together toward the mutual benefit of both communities, and WHEREAS, SAFE operates within the service area of both ICPD and CPD, and SAFE's member- ship is drawn from a cross section of both communities, and WHEREAS, Chapter 28 E, Code of Iowa (1993) permits local governments to make efficient use of their powers by providing joint services and facilities with other local governments, and by cooperating to mutual advantage, and WHEREAS, the ICPD, CPD and SAFE desire to enter into a mutual aid agreement as provided by Chapter 28E, the Code, to develop and participate in activities to enhance a neighborhood watch program, and to apply for and administer a grant from the Governor's Alliance on Substance Abuse. Said program will include home analysis, operation identification, car security information, and applications for grants. NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, the Parties agree as follows: Authorization. The Parties authorize the ICPD as the lead agency in submitting an applica- tion for a grant to the Governor's Alliance on Substance Abuse. ICPD shall take all neces- sa~j steps to timely apply for said grant. Scope. The Parties will use grant monies received to develop and administer a program as described in Exhibit A, attached hereto and incorporated herein, to enhance and expand the existing neighborhood watch program in the Iowa City and Coralville neighborhoods. Said program will include a home analysis program, an operation identification program, and a car security program. The Parties agree that SAFE shall serve as program director and as such shall assume a lead role in program development and implementation. Term. The term ofthls Agreement shall commence on January 16, 1995 or upon execution of this Agreement by the parties, whichever Is later, and shall remain in full force and effect until September 30, 1995, or as extended in writing by the parties. Finances. The Parties agree that ICPD shall administer any monlee received pursuant to the described grant application and said monies shall be administered as required by the granting agency. Any grant funds deposited with ICPD and shall be disbursed through 2 ICPD. ICPD shall maintain accurate records of all receipts and disbursements and said records shall be available to all Parties for examination at all reasonable times. Filinq and Recordina. This Agreement shall be filed with the Secretary of State and recorded with the Johnson County Recorder at the cost of the Parties. Dated th~_~[~ day of danuary City Clerk ,o 1995, CITY OF IOWA. IOWA CI'I'Y/CORALVILLE SAFE COMMUNITIES MEMBERSHIP By: vroJe~S~A r~ordinator" CITY OF IOWA CITY ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this .5l day of 19 ~/% , before me, G',~.,j,,-~_ /::,.,r.t-* , a Notary Pubiic in and for the State of Iowa, personally appeared Susan M. Horowitz 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. c/5 -/4, passed by the City Council, on the $J ~'~ day of J~n~,,.-~ . 19 ~2~ , and that Susan M. Horowitz and Marian K. Karr acknowledged the e~'ecution of the instrument to be their voluntary act and dead and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa CITY OF CORALVILLE ACKNOWLEDGEMENT STATE OF IOWA ) ) es: JOHNSON COUNTY ) On this. ~,~_'~h~ .day of ~7-~3~ . 19~,.~ . before me, ~J.[[00J~-R ~)~.(~J~...-- . a Notary Public in and for the State of.Iowa, personaity appeared Allan Axean and Arlys Harmare to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Coralville, Iowa; that the seal affixed to the foregoing instrument Is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of Its City Council, passed by the City Council, and that Allan Axesn and Arlys Hannam acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. o!~ P~biic in an.d for_the State of Iowa ~' 4 IOWA ClTY/CORALVILLE SAFE CERTIFIED COMMUNITIES MEMBERSHIP ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this ,~$~1 day of /~e. 15 A.D. 19~', before me, the u~dersigned, a Notary Public in and for the State of Iowa, personally appeared Diane Hedlund, to me personally known, who, being by me duly sworn, did say that she is the Coordinator of Project SAFE, an organization executing the within and foregoing instrument; that no seal has been procured by said organization; that said instrument was signed on behalf of the organization by author'~ of its Board of Directors; and that Diane Hedlund acknowledges the execution of said instrument to be the volun- tary act and deed of said organization. Notary Pubhc in and for ~aid County and State police~eagmt.rw SAFE Crime Prevention Mini-Grant Goal: To expand and enhance the neighborhood watch program by 25%, include a component for car security and provide for an aggressive marketing campaign to increase commurdty awareness these crime prevention strategies Objective 1: To make residents aware of the extent of home and car burglaries and crime prevention strategies through a series of media articles, radio and television broadcasts, ads and PSA's Objective 2: To offer specialized assistance security analysis, operation identification, and car the grant period. with home security through of A funding total of $6667 (with $1667 of the total being provided locally by the Iowa City and Coralville police departments) will provide for the following items: **3 people to attend the SAFE Summit in April **postage for surveys **Contractual services(to pay for 2 Crime Prevention Officer's time, SAFE Coordinator, and Media Specialist) **Media campaign (to purchase radio and television air time and newspaper ads) SAFE Involvement: Promotion of neighborhood watch by distributing brochures, through the $peaker's Bureau, by initiating a Neighborhood watch group in your neighborhood, helping the officers with the watch groups, etc. EXHIBIT A PAUL D. PATE SECRETARY OF STATE HOOVER BUILDING STATE OF IOWA DES I~IOINES, IOWA 50319 TEL (515) 281-5204 FAX (515) 242-5953 March 7, 1995 Marian Karr City of Iowa City 410 East Washington St Iowa City IA 52240-1826 RE: 28E Agreement between the Iowa City Police Department and the Coralville Police Dept & Ia Cty/Coralville (SAFE) Dear Ms. Karr: We have received the above described agreement which you have submitted to this office for filing, pursuant to the provisions of Chapter 28E, Code of Iowa. You may consider the same filed as of March 7, 1995 Paul D. Pate Secretaryof. State PDP/klw Enclosures RESOLUTION NO. 95-17 RESOLUTION ADOPTING CITY STEPS, A PORTION OF IOWA ClTY'S CONSOLI- DATED PLAN (CITY STEPS) FOR FY1995-FY2000 WHEREAS, the U.S. Department of Housing and Urban Development (HUD) requires the City of Iowa City, Iowa, to prepare a Consolidated Plan {CITY STEPS) in order to plan for the coordinated use of federal, state and local funds to assist lower income residents with housing, jobs and services; and WHEREAS, the City held a series of public meetings on the needs of low income residents; and WHEREAS, the City has prepared and received public input on the citizen participation plan and the needs, strategies and priorities section of the Consolidated Plan; and WHEREAS, the citizen participation plan outlines Iowa City's efforts to ensure citizen involvement in all parts of the process of preparing and amending the Consolidated Plan and in making the Consolidated Plan available to the public; and WHEREAS, the needs, strategies and priorities section of the Consolidated Plan outlines the needs of low income residents of iowa City and assesses the extent of need by assigning a priority ranking to the identified needs; and WHEREAS, the City Council finds that the adoption of these sections will serve as a guide in preparing the rest of the Consolidated Plan, in particular an action plan for the use of funds to meet the identified needs of lower income residents. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City of Iowa City Consolidated Plan (CITY STEPS) citizen participation plan and needs, strategies and priorities section, be and is hereby approved and adopted. Passed and approved this 31st day of January , 1995. CITY CLERK App~ved by ~, ~ ~' Reaeluttan .No. 95-17.. Page 2 It was moved by Nnvick and seconded by adopted, and upon rol~ call there were: · AYES: NAYS: m,hl~y ABSENT: the Resolution be Baker Horowitz Kubby Lehman Novick Pigott Throgmorton City of Iowa City MEMORANDUM Date: To: From: Re: January 26, 1995 City Council and City Manager Marianne Milkman, Community Development Coordinat(~r CITY STEPS, Citizen Participation Plan, and Needs, Priorities and Strategies Sections As a result of written comments as well as comments received at the Public Hearing on January 17, 1995, some changes have been made to the Needs, Strategies, Objectives and Priorities section 'of the Consolidated Plan (CITY STEPS). All changes are in bold letters and underlined. The substantive changes are: In response to comments from Rosemary Friedrich of the Alliance for the Mentally III, a note has been added on p. 9, stating that all housing needs for persons with special needs (including permanent housing for persons who are chronically mentally ill) are addressed in the Homeless Needs section. (The detailed version of the Consolidated Plan will also address special needs housing in the housing section). In response to comments from Jim Swaim, Executive Director of United Action for Youth, the possible need for a youth recreational center in the future v~as added on p. 16, and the need for after school programs at the Junior High School level was added on p. 22. Under the strategy "Encourage employment opportunities.., , objective a. on p. 26 was clar'fied to read "dererin ne and publicize industry standards for h dng, wages and benefits within the community." Several additions to the text relating to homeless needs and public facilities and services were made in response to written comments from Ellen McCabe, Executive Director of the Crisis Center. No changes were made to any priority rankings. Staff and the Priority and Strategies Committee members felt that home buyers assistance programs for owners at 50% median income or more, should remain a medium priority. Similarly, the need for an easily accessible day shelter for homeless persons .was stressed so strongly at public meetings, that it was retained as a high priority. Finally, Pat Jordan's comments related to the high percentage of homeless persons with mental illness in the emergency shelter, will be addressed in the more detailed narrative in the final Consolidated Plan. -2- CITIZEN PARTICIPATION PLAN Also attached to this memo is the revised Citizen Participation Plan where on p. 3 the meaning of Uoriginal budget" is clarified. Answers to most of the written questions relating to CITY STEPS submitted to the staff by Bruno Pigott at the January 16 meeting are also included. We have not responded to comment #8 which refers to the need for caution in expanding the bus system (see p. 20 objective a. under "Improve Access to Transportation"). This is a Council policy decision. Unless you want any further changes in the two documents, this is the final form for your approval. Please call Steven Nasby at 356-5248 or Stephen Long at 356-5250 if you have any questions. City of Iowa City MEMORANDUM Date: January 26, 1995 To: City Council and City Manager From: Steven Nasby, Associate Planner;~¢~-F /~enny Denney, Planning Assistant Rs: Answers to CITY STEPS Questions and Comments Submitted by Bruno Pigott Question 1: Is the percentage of owner-occupied to rented units staying the same. changing. or increasing? Increasing. In 1980, homeowners occupied 47.2% of the housing stock and 52.8% were renters. By 1990, homeowners occupied 44.8% and renters 55.2% of the housing stock. Question 2: How does the growth rate of manufactured housing compare with state and national rates7 The number of manufactured housing units in the state has grown from 24,285 in 1970 to 68,479 in 1990, which represents a 9.1% average annual growth rate. In Iowa City the number of manufactured housing units has increased from 685 in 1970 to 1,298 in 1990, an average annual growth rate of 4.5%. In Johnson County the numbers are 1,276 units in 1970 and 3,141 units in 1990, a growth rate of 7.3% annually. The higher rate in the County may be due to the availability of appropriately zoned land. Question 3: What is the national percentage of low-income owner. occupied units to total owner-occupied units? The U.S. Census Bureau estimates that statewide the number of low-income homeowners is 244,007 or 22.9%, while in Iowa City 24% of homeowners are low-income. Nationally, HUD's 1990 American Housing Survey estimates that 25.9% of homeowners are low-income (<80% of median). Question 4: What percentage of homes owned by low-income people were built before 19767 Data is not available that allows us to correlate with any degree of accuracy income of owner with age of housing stock. Question 5A: Why has the number of households assisted by the City's Housing Rehab program decreased over the last four years? There are two main reasons for the decrease in households assisted through the rehab program. The first is that the cost of rehabilitating property has outpaced budget increases for this program, which has reduced the total number of homes that can be assisted. Secondly, during the past two years a great deal of rehab activity has been centered around flood damage repair. An additional 81 flood-related homes have been rehabilitated over the past two years. 2 Question 5B: Verification of figures: 12,500 rental units (estimated 1994 figure) 9, 823 owner-occupied (1990 Census) 22,323 TOTAL units? The 12,500 figure is an estimate of available multi-family units based on building permits issued since 1990. The 1990 CHAS reports 12,128 rental units, and 9,823 owner-occupied units for a 1990 total of 21,951. Verification: Page 7 - ff 15,550 units were built before 1976, does this mean that 6,773 units were built post 19767 30%? Yet 40% (3,941) of the owner-occupied units were built post 19707 Yes, even if the 1990 total units number of 21,951 is used, it indicates that 30% of the total housing stock was built after 1976. Because the 15,550 housing units constructed before 1 976 are not broken down by the Census into owner-occupied and rental, it is impossible to compare the two figures. Question 6: Please explain the reverse mortgage concept. Reverse mortgage programs are designed to allow elderly homeowners with significant equity in their homes (often 100%) to draw on that equity as a source of income. Working in coordination with a lending agency, individuals borrow a monthly sum against the equity in their homes -- the reverse of how a mortgage works. The lender holds the increasing balance as a first or second trust against the property and is reimbursed upon the properry's sale. In the trust agreement the lender establishes the total loan amount that can be drawn against. The reverse mortgage concept could theoretically be risky in communities with a depreciating housing market. Usually the total loan amount is based upon a fairly high loan-to*value ratio reducing the amount of exposure for both lender and consumer. Question 7: Please verify the number of children in emergency shelters. Approximately 200 children, accompanied by an adult, used the shelter system in FY94: EHP: 47 DVIP: 145 Youth Homes served an additional 181 youth who were unaccompanied. Question 8: Transportation Addressed in Marianne Milkman's CITY STEPS memo dated January 25, 1995. Question 9: Temporary jobs in the workforce Total non-agricultural jobs in Johnson County for 1993 (last year data were available}: 58,400. Estimated number of temporary jobs (from a survey of temporary hiring agencies): 3,500. Percentage of temporary jobs in the workforce: 6%. However, staff believes the 3,500 temporary jobs figure significantly underestimates the total number of temporary jobs in the workforce. Several major users of temporary workers find employees without the help of temporary agencies {e.g. ACT, NCS), so these jobs may not be included in the estimate. b~citystep CITY STEPS 1/26/95 Iowa City's Consolidated Plan tbr Housing, Jobs and Services for Low-Income Residents NEEDS, STRATEGIES, OBJECTIVES AND PRIOR/TIES INTRODUCTION This CITY STEPS draft document makes recommendations to guide the City in olanning for assistance to its low-income population over the next five years. (Low income is defined as any household whose income is below 80% of median income for Iowa City.) The preparation of this document began in October 1994 with the gathering of information and a series of public meetings to identify the needs of the low-income population. In November and December a group of eight citizens (the CITY STEPS Priorities and Strategies Committee) met with the Community Development staff and discussed the extent of the identified needs in the areas of housing, jobs and services. Tt/e group also attempted to determine the biggest gaps and inadequacies in the current assistance pro- grams, and discussed strategies to meet all the identified needs. After considerable discussion, the Committee agreed that the overall goal of CITY STEPS is to encourage and support families and individuals in achieving their highest degree of self-sufficiency. With this goal in mind, and using the need categories required by the U.S. Department of Housing and Urban Development 0-1UD), the Committee then proceeded to rank the perceived needs, -- a very difficult and almost overwhelming process. Needs were given a ranking of High, Medium, Low or No Such Need. These rankings am not absointe and are subject to change upon presentation of evidence that a need does exist. In general, low priority rankings indicate that existing services are adequately meeting current demand, or that no specific needs have been identified at this time. It is also important to remember that these are not the needs of the City as a whole, but those of its low- income residents only. Thus, Water Improvements have a Low Priority ranking as far as the low-income population alone is concerned, but these improvements are a high priority for the City as a whole. This document has been revised to address comments received in writing and at the Public Hearing on January 17, 1995. All changes are in bold and are underlined. I.NEED FOR DECENT HOUSING THAT IS AFFORDABLE A. Renters (small and large households) Strategy: Aggressively pursue federal and state housing assistance programs Needs Assessment and Current Programs: The 1990 Census data show that them are approximately 2,500 low-income renter households paying more than 30% of their income for housing. In addition, there are 909 households receiving rental assistance through the Public Housing Authority (PHA). In order for low income households to maintain a decent standard of living it is important that they not pay more than 30% of their gross income for housing. The PHA currently has 82 units of scattered site public housing and is in the process of constructing 33 units of single-family housing and purchasing another 10 units. As funds become available from HUD the PHA applies for funds to increase the number of public housing units and the number of Section 8 Certificates and Vouchers. The PHA has a waiting list of approximately 500 households who are in need of assistance (June 30, 1994 figures). Tenant based rent assistance programs seem to provide households with the greatest flexibility regarding housing type, location, and access to the larger private sector rental market. Tenant based assistance programs are available through the HOME program, however, to date HOME funds have not been used for this purpose. The high cost of damage and utility deposits acts as a bintier to entrance into the rental market for very low-income families/individuals. There are no current rental policies that allow pay- ments to be spread over a few months to ease the cash-up-front crisis. Greater Iowa City Housing Fellowship, in conjunction with First National Bank, has a loan program that provides deposit assistance. Many households are one small crisis away from homelesshesS. In order to assist families to remain In their housing, HACAP operates two programs providing limited assistmice with utility payments for income qualifying individuals. The Salvation Army provides assistance with water payments up to $50.00 for a small handful of individuals/families. The State of Iowa operates a fund that allocates $$00.00 a year to income eligible families with children to keep them in their homes. In addition there are small, private groups providing emergency assis- Objectives: Maintaining and increasing Public Hou~'ing and Section 8 certificates and vouchers. Investigate and initiate Tenant Based Rental ~4ssistance Programs. Encourage development of other financial assistance programs such as deposit and emergency payments for rent and utilities. Priority: HIGH for households under 30% median income. MEDIUM for all other households. 2 q-00 Strategy: Maintain and expand affordable rental housing stock Needs Assessment and Current Programs: There are approximately 12,500 rental units in Iowa City. Since a majority of low income households are renters it is important to maintain and expand the stock of units available within the community. HUD's Fair Market Rent calculations are based on the 45th pereeatile of rents of all units in Iowa City. This represents approximately 5,625 units. Yet, due to very low incomes and overall high rent levels in Iowa City, many households still cannot afford the fair market rent and must rely on rent assistance pro- grams including public housing and Sectinn 8. In order to increase the stock of units affordable to low income households federal programs can be used to rehabilitate or construct new units. An effort to increase the number of units affordable to low income persons has been undertaken by non-profits, for-profits and pablie-private partnerships. The main obsta- cle to expanding the stock of affordable units is the lack of available, developable land within different parts of the community. The need for housing that is affordable was mentioned as one of the greatest needs in Iowa City at several CITY STEPS meetings. An effective way to address this need is by forging publie\private partnerships. In the past few years this type of arrangement has produced a few units of affordable housing. At the present time there are two pub- lie\private ventures in the planning stages, one between the Greater Iowa City Housing Fellowship (GICHF) and Robert Bums and Associates (rental housing units for lower income households), and the other between the City of Iowa City and Robert and Erma Wolf (340 manufactured housing pads including 116 pads reserved for lower income households). Both of these projects are mixed income housing developments. Satisfying the need for affordable housing units requires a wide spectrum of housing options. Traditionally these options were limited to large complexes of rental housing. Other types of housing such as manufactured housing, and mixed-income developments may also be used to meet the housing needs of the community. As indicated in HUD Table 1, 40% of the homeless adults counted on October 20~ 1994~ were single (EHP reported during FY94 that 84% of its clients were single, 72% or 606 being single men). Data collected during the October 20th count also suggests that 93% of the adult respondents hoped to remain in Iowa City, therefore as many as 657 single individuals could be seeking permanent housing in our community each year. Shelter records show that many of these individuals do succeed in finding some type of housing, but many return to the shelter after eviction, domestic dispute, or personal crisis. Easier access to services may prevent these cyclical crises. In order to maintain the City's housing stock, housing code enforcement is important. Housing and Inspection Services, a City department, conducts about 4,000 inspections per year. The majority of these are rental inspections. This office also issues building permits, inspects new construction projects, and enforces the City's zoning ordinance, thus maintaining the rental housing stock in compliance with the code. The 1990 Census data reports that Iowa City has approximately 15,550 housing units constructed pre- 1976, before many energy efficiency measures and codes went into effect. There are several agencies that provide efficiency modification assistance. They are the Hawkeye Area Community Action Program (HACAP), Elderly Services Agency (ESA), and the City Housing Rehabilitation Program. These agencies provide assistance Objectives: Pdod~: with insulation, weatherstripping, furnaces, and window replacement. Assistance with energy efficiency improvements is a continuing need for low-income households. Due to a national awareness and concorn, HUD has placed the lead based paint issue as a high priority and has provided some funds for abatement. Generally, th0 lead based paint problems are occurring in the larger cities especially in poorly maintained neighborhoods. In Iowa City there have been a relatively low number of children under age 7 who have tested positively for elevated lead blood levels. The low number of affected children may ~ the result of code enforcement and the maintenanco practices of local landlords. Even though the number of affected children is low, a number of households remain at risk. According to our researeh for the 1994 CHAS, there may be as many as 1,863-2,458 households with children under age seven living in units with lead based paint somewhere within the structure. (NOTE: These statistics are based on national averages and may not be an accurate reflection of Iowa City's housing stock) The City does address lead paint hazards through its Housing Rehabili- tation program, whero t~sting and abatement occurs in units with lead based paint and children under age seven. Additionally, Housing and Inspection Services provides information regarding lead-based paint hazards and abatement to landlords. Iowa City has an active historic preservation record, including a Historic Preservation Plan, the designation of historic districts, preservation activities, and support of the Salvage Barn. In addition, all projects funded with federal funds must address historic preservation issues. Maintenance of affordable rental units: Continue accessibility improvements. Facilitate public/private partnerships to finance, construct, or rehab affordable units. Enhance utility efficiency improvements (e.g. energy efficiency, water conservation}. Continue code enforcement. Expand lead based paint education, testing, and abatement efforts. Continue historic preservation efforts. Expand the number of units affordable to low-income persons: Facilitate public/private partnerships to finance, construct, or rehab affordable units. Encourage manufactured housing Study the feasibility of Single Room Occupancy (SRO) housing; and pursue ifappropriate. HIGH for households under 30% median income. MEDII/M for households over 30% of median income. Strategy: Develop services to help low-income households locate and retain affordable housing Needs Assessment and Current Programs: Basic coping and day-to-day living skills were mentioned as nee, ds at every CITY STEPS public meeting and discussion. Support for creating and expanding living skills training programs was cited by several agencies. 4 Objectives: An agency that currently addresses those needs is LIFE Skills, Inc. which is a private non-profit organization devoted to providing education and assistance to children, adults, families, and persons with special needs. LIFE Skills operates a Housing Support Pro- gram that works with families at risk of losing their housing due to a lack of home maintenance, home safety skills, budgeting, communication skills, and coping skills. Assistance is provided to help these families gain a sense of responsibility and account- ability to their neighbors and landlords. The Housing Support Program assisted 31 households in 1992 and 39 households in 1993. Current funding provides for only one, half-time position to provide these housing support services. If additional staff funding was available it is anticipated that this or other programs could be significantly expand- ed to assist more families and provide more services. The need for improved communication and education between landlords and tenants was cited at several CITY STEPS meetings. Uncertainty about regulations, fear of eviction and feelings of disenfranchisament serve to decrease the quality of life for low- income tenants. One of the main problems for Iow-inceme household is locating affordable units. Many of the low-income persons do not have the resources to fully utilize commercial rental locator services or publications. LIFE Skills, Inc. has assisted many low-income house- holds with apartment location and completion of applications. This service is used by persons with Section 8 vouchers and certificates that are having difficulty locating a unit on their own. Expand living skills programs. Improve tenant/landlord education and mediatian opportunities. Enhance rental property locator assistance. Pdofity: HIGH for households under 30% of median income. MEDIUM for all other households. B. Owners Strategy: Increase opportunities for entry into homeownership Needs Assessment and Current Programs: The median price of a single-family home in Iowa City is $106,500, which makes homeownership difficult for many households and nearly impossible for low-income households. When homeownership opportunities arise for these income groups, it is generally for an older home that is likely to be in need of repair. The City's housing rehabilitation program assists first-time and existing low income homeowners. Accessi- bility is also an important aspect of the housing rehab program. Many persons who are disabled cannot afford to make the necessary modifications to their homes. In order to assist potential first-time homebuyers, the City, in conjunction with several banks and real estate agencies, planned and conducted a homebuyers educational seminar. The seminar was widely advertised and was free of charge to anyone interest- ed in attending. Approximately 20 persons attended the first meeting in July 1993. A second seminar was held in March 1994 and more than 100 persons were in attendance. There is a seasonally high-demand for such education opportunities that helps potential homebuyers research the feasibility of buying and maintaining a home. q.00 Objectives: Priority: The City of Iowa City has used CDBG fi~nds for a modest downpayment assistance program in the past. This program assisted 10 low income households, these house- holds all qualified for and received private mortgages. Several of the households also accessed the State of Iowa downpayment assistance program called Iowa Housing Assistance Program (1HAP). This program provides a household with up to $2750 in matching funds for downpayment and closing costs. Two government housing pro- grams, Fannie Mac and Freddie Mac, also provide some assistance with home- ownership to low income households through local lenders participating in the pro- grams. Additionally, the Iowa City Public Housing Authority has a program that helps current PHA tenants with purchasing a home. This Tenant to Owner Program (TOP) will be helping to increase the opportunities for homeownership for low income households. Emergency assistance for mortgage foreclosure prevention and utility payments was mentioned several times at the public hearings. HACAP operates two programs provid- ing limited assistance with utility payments for income qualifying individuals. The Salvation Army provides assistance with water payments up to $50.00 for a small handful of individuals/families. The State of Iowa operates a fund that allocates $500.00 a year to income eligible families with children to keep them in their homes. The Northwest Area Foundation, based in Minnesota, operates a mortgage foreclosure program. This piegram can provide several months worth of mortgage payments for low-inceme homeowners and assists them with getting back on track fmancially. In addition there are small, private groups providing emergency assistance. Access to these programs is limited due to funding availability. Iowa City has the most expensive housing in the state of Iowa, with a median price of $106,500 per stick built, single-family unit. As a result, households have turned to other housing options. For instance, the number of manufactured homes being located in Iowa City and Johnson County has greatly increased from 1980 to 1990 (43% and 50% respectively). There are currently an estimated 1300 manufactured housing units in Iowa City or 5.8% of all housing units, compared to 6.0% state-wide and 9.2% nationally. Modem Manor manufactured housing park, located just outside the City limits, has been expanding at a rate of nearly 30 - 40 lots per year and has filled those lots as fast as they have come on line. Also, within Johnson County there have been several expansions ofmanufactared housing parks and the vacancy rate is still extreme- ly low. Due to the "hot" housing market in Iowa City, developers have concentrated on buildIng homes in the $125,000 to $300,000 price range. This type of home maximizes the builder's return on investment. During the last two years there have been over 425 single-family homes built in Iowa City alone. However, at an estimated average sales price of over $150,000, very few of these homes are affordable to households with incomes under 80 percent of median. Provide rehabilitation and accessibility improvements. Develop and encottrage homebuyers assistance programs. Increase production of units affordable to households under 80% raft, including manufactured housing. HIGH for rehabilitation and accessibility improvements for homeowners beloxv 50% median income. MEDIUM for homeowners over 50% median Income. Strategy: Maintain existing stock of affordable housing Needs Assessment and Current Programs: According to the 1990 Census, Iowa City's owner-occupied housing stock consists of 9,823 units, of this number 59.9 percent or 5,882 units were constructed before 1970. Of these owner-occupied units, approximately 2,337 are owned by low-income resi- dents. These horaceWhere are eligible for the City's extensive housing rehabilitation program (including accessibility) that has been in operation since the late-1970's. Maintenance, rehabilitation, and accessibility effo~ undertaken by the City's Housing Rehabilitation program have greatly improved the quality of life for hundreds of low- income households while maintaining the affordable housing stock. The following is a brief summary of the number of owner households assisted by the City's Housing Rehabilitation Program over the last four years (1990 - 45 households, 1991 - 44 house- holds, 1992 - 26 households, and 1993 - 32 households plus 81 flood rehabs, not including manufactured housing). In addition, the City has 13-14 comprehensive rehabilitation projects underway that were funded through the HOME program. The Housing Rehabilitation Program continues to have a waiting list for assistance even though the CDBO rehabilitation program has not advertised for more than 2 years. The program also provides emergency repairs to many mobile home owners. While a county wide rehab program does not exist, the City receives numerous requests for rehab services outside the city limits. Another rehabilitation program operated by Elderly Services Agency (ESA) completes approximately 60 small repair projects each year and continues to have a waiting list. This Small Repair program is important for maintaining elderly persons in their homes. Accessibility improvements are a very important aspect of ESA's program. Small modifications to older homes enable elderly persons to continue to live in their own home. The program needs to be expanded throughout the county to assist elderly, and low-income rural residents. These two rehabilitation programs are essential in order to assist low-income households maintain a decent, safe living environment. Without the rehabilitation programs the City could lose a significant number of housing units now occupied by lower income households and the homeowners could lose their homes. The 1990 Census data shows that Iowa City has approximately 15,550 housing units constructed pre-1976, before many energy efficiency measures and codes went into effect. There are several agencies that provide energy efficiency modification assis- tance, they are the Hawkeye Area Community Action Program (HACAP), Elderly Services Agency (ESA), the City Housing Rehabilitation Program, and Iowa-Illinois Gas & Electric Company. These agencies provide assistance with insulation, weather- stripping, furnaces, window replacement, and rebates for enerev eftdent measures. For homeowners, lead based paint dangers occur most frequently when the homeowners themselves do rehabilitation projects. Sanding old woodwork, windows, and doors present the greatest danger since lead paint dust can remain in the air for three years. Children are then endangered by breathing the lead particles and ingesting any lead dust that may have settled on food. Educating the public on the dangers of lead based paint and preventative measures is the most important step towards mitigating the problem. Testing children for lead poisoning is done at the local hospitals or by the Johnson County Department of Health. Abatement of lead paint is the preferred solution. Abatement can take a variety of forms including scrubbing and cleaning, repainting, and removal. 7 Objectives.' Priority: Iowa City has an active historic preservation record, including a Historic Preservation Plan, the designation of historic districts, preservation activities, and support of the Salvage Barn. In addition, all projects funded with federal funds must address historic preservation issues. Provide rehabilitation and accessibility improvements. Continue utility efficiency improvement (e.g. energy efficiency, water conservation). Expand lead based paint hazards education, testing, and abatement Continue historic preservation efforts. Facilitate the development of a rural housing rehab program. HIGH for rehabilitation and accessibility improveraents for horaeowners below 50% median income. MEDIUM for all other households. C. Elderly Strategy: Aggressively pursue federal and state housing assistance programs for the elderly Needs Assessment and Current Programs: See Section IA, Renters. Objectives: See Section L4, Renters. Priority: See Section IA, Renters, Strategy: Maintain and expand affordable housing stock Needs Assessment and Current Programs: See Section IA, IB Objectives: See Section hi, IB Priority: See Section IA, IB Strategy: Target specialized programs to include congregate housing development both rental and owner-occupied Needs Assessment and Current Programs: According to a 1994 study conducted by the Ecumenical Housing Corporation and the Elderly Services Agency, there was a substantial interest in congregate housing. The median income of those who responded positively to congregate housing was $18,300. This indicates a need for rent subsidies of some type for those low income residents. The most preferred types of congregate housing were mini-complexes and retirement residences. The study estimates 1176 individuals age 60 and over would be interested in congregate housing. 8 Objective: Priority: Study and implement a plan to provide mixed use congregate housing. HIGH for elderly households under 30% median income. MEDIUM priority for other elderly households. Objectives: Priority: Strategy: Maintain and develop services to assist elderly persons to remain in their existing housing Needs Assessment and Current Programs: See Section IA, Owners. Additionally, specialized serviees for the elderly may be necessary. These specialized services include a variety of in-home supports. See Section L4, Owners. See Section IA, Owners. Strategy: Use of reverse mortgage programs Needs Assessment and Current Programs: The majority of elderly households own their homes or have substantial equity, however, they are living on a fixed income and have trouble paying some regular household expenses like property taxes, maintenance, and utilities. By using their home as a revenue sottree, elderly households could use reverse mortgage payments to help them with the housing expenses listed above. Objective: Study wtd encourage the use of appropriate reverse mortgage programs. Priority: HIGH for elderly households under 30% median incom~ MEDIUM priority for other elderly households. NOTE: All housing needs for persons with special needs, fineluding permanent housin~ for persons who are ehronicollv ill) are addressed in the Homeless Needs Section. 9 II. HOMELESS NEEDS A. Outreach/Assessment Strategy: Advocate Human Services Coordination Needs Assessment and Current Programs: As in many smaller communities across the nation, referrals to shelters and other services come from many different sources. The Crisis Center (an emergency services agency), the emergency shelters, the Salvation Army, local chumhes, and the Depart- ment of Human Services all serve as referral resources for those seeking assistance. Once initial centact is made at any of these and other agencies, consumers are directed to appropriate service providers throughout the community. The mmsportation expense and inconvenience of piecing together needed services, the difficulties in securing child care in order to meet with different providers at different times and locations, and the repetitive paperwork requirements for receiving service can be a frustrating, chaotic, and overwhelming experience for an individual whose life is already in crisis. Objectives: Investigate the location of an easily accessible referral center. Pursue a single application for service system entry. Support continued funding of Johnson County Council of Governments (JCCOG) Human Services Coordinator. Strategy: Increase understanding of issues surrounding rural homelessness Needs Assessment and Current Programs: The City of Iowa City, and the surrounding communities have never studied the muses and conditions of rural homelesshess in Johnson County. Anecdotal evidence from service providers suggests a significant problem with "doubling-up" of several families in inadequate housing. Another suspected problem is the condition of the most-afford- able rural housing stock. Dilapidated, poorly consmeted homes may be affordable in the summer, but lett unmaintained, the expense of heating such a home in the winter drives the cost beyond affordable levels. Accessing services and support is also more difficult for those living in rural areas as public transportation is not available and travel time can be significant, especially when repeat visits to providers are needed. (se~ Human Services Coordination) Objective: Study of rural homelessness coordinated with JCCOG. P~ofity: MEDIUM B. Emergency Shelters Strategy: Emergency Shelter Rehab/Expansion Needs Assessment and Current Programs: An estimated 1,100 individuals were served by Iowa City's emergency shelter system during FY94. Nearly 200 of these individuals were children. Of those childreu, 47 %00 Objectives: were with a parent at the Emergency Housing Project (EI-IP) shelter, which is not specifically equipped to deal with the needs of children in crisis. While data has not been collected previously to support a trend in families who are homeless, the data collected for CITY STEPS affirm the claims of providers that there are a large number of families and children arriving at the emergency shelters each year. Records kept by the EHP from October 17, to November 17, 1994 indicate that as many as seven families are turned away from their shelter each week due to lack of space. Additional- ly, staff limitations at the Domestic Violence Intervention Program (I)VIP) lirait servic- es to 30 women and children at any time although the facility capacity is 60. During FY94 EHP reported that 84% of its 844 clients were single; of this number, 606 were single men. The Emergency Housing Project's facility is showing the strains of double-capacity use. Converted for shelter use in 1984, the early-twentieth-century home has had only essential renovations since then, including fire, code compliance repairs, kitchen facilities upgrades, and office space improvements. Renovation of bathroom facilities is a major concern for ensuring on-going functioning of this shelter. Recent building and renovation projects have greatly improved conditions and capacity at two of Iowa City's emergency shelters. DVIP and Youth Homes are providing services and shelter in virtually new facilities. Private and modem rooms house clients, bathroom facilities adequately meet demand, modem kitchens, laundry rooms, and common space with new or lightly used furniture provide dean and decent environ- ments for consumers. Offiea space for stuff is an on-going concern at both shelters; at Youth Homes this need is further compounded by limited storage space for both clients and staff. Improve existing shelter facilities. Consider expansion or addition of facilities to meet increased demand Expand staff and capabilities within existing system to provide improved service. Support on-going maintenance of existing shelters. Strategy: Support plans for improving day shelter opportunities Needs Assessment and Current Programs: An on-going issue within the community revolves around day shelter for the homeless. The Salvation Army currently operates a facility that provides an evening meal and day shelter. While the meal attracts many to the Salvation Army, the day shelter is signifi- cantly below capacity use. However, a recent study indicates a consumer interest in the day shelter concept. Questions have been raised as to whether location and limited services are the primary deterrents in daytime use of the Salvation Army facility. Objectives.' Investigate easily accessible day shelter location possibilities. Expand available services such as: social/case worker availability; laundry facility; child care opportunities; impraved public and private transportation access; showers. P~o~ty: HIGH for families. MEDIUM for individuals and persons with special needs. 11 q-00 C. Transitional Shelter Strategy: Improve transitional housing programs for families Transitional housing serves as a bridge between emergency shelter and permanent housing by providing housing with supportive services to assist households towards self- sufficiency. Needs Assessment and Current Programs: Iowa City has very limited transitional housing opportunities for families. HACAP provides 8 units of supported rental housing; waiting lists for this housing can be as large as 65 families, with a wait of more than two years. CITY STEPS meetings also suggested a need for on-going support to assist people in moving beyond struetared, transitional housing and into self-suffieianey. Service providers believe that ot~en times the 24 months of traditional "transitional housing" is not enough to ensure a family or individual's success. Objectives: Develop scattered-site, transitional housing programs requiring partici- pation in supportive services. ~4ssist existing providers of transitional housing to increase capacity. Strategy: Provide transitional housing for single individuals Needs Assessment and Current Programs: As indicated in HUD Table 1, 40% of the homeless adults counted on October 20, 1994 were single (EHP reported during FY94 that 84% of its clients were single, 72% or 606 being single men). Data collected during the count also suggests that 93% of the adult respondents hoped to remain in Iowa City, therefore as many as 657 single individuals could be seeking permanent housing in our community this year alone. Shelter records show that many of these individuals do succeed in finding some type of housing, but many return to the shelter after eviction, domestic dispute, or pemonal crisis. Ot~n, developed support systems could have prevented the return. Youth Homes, Inc. currently operates three transitional housing programs for unaccom- panied youth, two are group residences, and one is a transitional group home for single teen mothers and their children. These facilities provide a stable and supportive envi- ronment to assist youth in crisis in remaining in school and managing the difficulties in their lives. The three facilities serve an estimated 32 youth and their children each year. Objectives: Develop Single Room Occupancy (~RO) housing for singles with access to support services. Continue support of transitional housing for unaccompanied youth 12 Strategy: Provide special needs transitional housing Needs Assessment and Current Programs: The general trend in providing care and services to persons with special needs is towards non-facility based, out-patient, independent living services. Housing for persons with mental illness, who are leaving the hospital or extensive care settings, is an important part of the continuum of care that leads to successful independent living programs. This particularly vulnerable population does not usually manage well inde- pendently, or in shelters where failure and repeat hospitalization can become cyclical. Hillcrest Residence currently provides a 14-unit transitional group home that accommo- dates adults with serious mental illness. Emphasis is placed on skill building and environmental resource development to prepare individuals for independent living. The University of Iowa Hospitals and Clinics esthnate that as many as 30 additional individ- uals could receive housing and support in a transitional setting in Johnson county at any given time. The need for special needs transitional housing is also shared by persons struggling with substance abuse. Objectives.' a. b. Provide transitional housing for persons with mental illness. Provide services to support special needs populations in non-facility based care environments. Priority: HIGH for families, individuals, and persons with special needs. D. Permanent Supportive Housing for Persons with Special Needs Strategy: Develop quality housing options for persons with special needs Needs Assessment and Current Programs: As providers of services to this population prepare for the eventuality of managed health care, the need to provide services in independent, supported-living environments will continue to increase. The Johnson County Mental Health Task Force, a research and advocacy group consisting of service providers and consumers, ¢i~,s the unavailability of housing for the disabled segment of the population as a great problem within the community. Persons with physical disabilities also face the barrier of a limited supply of accessible housing. Affordability of housing is also critical to this population because many are unable to eara a living wage due to the limitations of their illness. However, it is unrealistic to expect that every consumer with special needs will be best served in an independent living environment. There are some consumers who will continue to need 24-hour supervision and support. While the size of group living facilities to serve this population segment is shrinking, the need for the facilities is not. Housing fewer individuals per facility increases the number of facilities needed. It is important to reiterate that supplying housing alone is not enough. Support services must be available when they are needed to serve these populations effectively. Waiting lists and lapses in care set up opportunities for failure for these vulnerable consumers. Objectives: Provide rehab assistance and accessibility adaptations to asstst support- ire housing providers in acquiring housing and maintaining existing stock 13 Strategy: Priority: Expand tenant-based rent assistance for special needs populations in residential environments. Develop permanent supportive housing for persons with special needs. Work to assure adequate supportive services. Plan for housing needs for the elderly SEE ELDERLY SECTION UNDER AFFORDABLE HOUSING HIGH for persons with special needs. NO SUCH NEED for families and individuals (those without special needs). Priority: Permanent Housing SEE AFFORDABLE HOUSING STRATEGIES, NEED AND OBJECTIVES HIGH for families and individuals. NO SUCH NEED for persons with special needs (this population is covered above under Permanent Supportive Housing). F. Homeless Prevention Strategy: Assist low-income households in maintaining and retaining their existing housing Needs Assessment and Current Programs: Iowa City's Crisis Center defines the imminently homeless as those who are, "one situa- tion away from homelesshess"; this definition is based on the realization that 94% of the clients to whom they supply economic assistanc~ report incomes at or below the poverty level. In FY94 the Crisis Center served 2,200 households who could be defined as imminently homeless. While programs do exist to provide food and other cam to those in crisis, relatively few programs exist that provide financial assistance to maintain a family/individual in their current residence. Yet, the short-tom cost of such assis- tance is much lower than the long term expense to taxpayers of supporting people in emergency facilities. HACAP operates two programs providing limited assistance with utility payments for income qualifying individuals. The Salvation Army provides assis- tance with water payments up to $50.00 for a small handful of individuals/families. The State of Iowa operates a fund that allocates $500.00 a year to income eligible families with children to keep them in their homes. In addition there are small, private groups providing emergency assistance. Access to these programs is extremely limited and often for one-time only. Many low-income persons find it difficult to make monthly rent and mortgage payments and pay the necessm3t expenses of raaintaining or rehabilitating their homes. Assistance in maintaining these homes guarantees their long-term inclusion in the stock of afford- able housing. ORen times persons faced with trouble just need someone to talk with to prevent a problem from becoming a crisis. Representatives of the Emergency Housing Project (EHP) have suggested that a "buddy system" mentor program could prevent some individuals from escalating their problems to a level that would require emergency services and shelter. 14 q-00 Anecdotal evidence from both EHP and DVIP suggests that as many as 40% of the clients they serve have some form of diminished mental capacity, substance abuse or other health concerns that contributed to their homelesshess. Improved access to health and mental health care could mitigate the difficulties faced by these individuals in maintaining and retaining housing. Objectives: a. b C. Facilitate the development of county-wide housing rehab programs. Establish/improve emergency rent, mortgage and utility assistance. Improve in-home support systems such as: living skills training; check- in/on service; "buddy system" supports/mentor program. Improve access to health/mental health care. Priority: HIGH for all objectives. 15 III. NEED FOR PUBLIC FACILITIES AND SERVICES A. Public Facility Needs Strategy: Provision of Dependent Care Facilities Needs Assessment and Current Programs: According to Elderly Services Agency (ESA), a dependent care facility is needed that could include senior day care, senior respite care, and possibly child care. The Johnson County Department of Public Health Adult Day Program (ADP) has been in operation since August of 1979 and is the only program in Johnson County that offers short term respite care for high functioning frail elderly without medical needs during the day. ADP is located on the first floor of the Johnson County/Iowa City Senior Center. Recent state regulations require more program space per participant. Though a tem- porary solution was to move offices out of the room and increase the client area, this still did not create enough room to handle the current needs let alone future needs. The renovation increased the usable space, but they had to put a cap on the number of participants and also a cap on new clients until a permanent solution is attained. Child care issues have repeatedly arisen at CITY STEPS meetings and through dis- cussions with staff members of the 4Cs (Community Coordinated Child Care) program in Iowa City. In the past year, the 4Cs Resource and Referral Program conducted 1,898 parent intakes, listed 276 individual child care providera, distributed 9,000 directories of child care services with 60 child care center and preschool entries, and provided consumer education as requested. According to 4Cs statistics, documented child care needs in the Johnson County area have increased dramatically. The unmet needs are strongly focused on infant care, beforedafier school care, and care for children whose parents work second shill(s) and weekends. Objective: Support development of respite care, child care and adult day care facilities. Priority: MEDIUM Strategy: Provision of Youth Center Needs Assessment and Current Programs: Youth Homes, Inc. and United Action for Youth (UAY) have recently acquired facilities for their own use. The Mayor's Youth Employment Program (MYEP) also shares the UAY facility. The Youth services providers feel that there may be a need for a youth recreational center, organized and run by youths, in the future. Youth Homes' PAL (Pursuing Adventures in Learning) program is an after school and day treatment program for preadolescents and middle school children (ages 6- 15)who have behavior disorders. PAL currently uses space in St. Patrick's Church Parish Hall which may not be available in the future, meaning that another site will need to be purchased or leased. The PAL program's FY 95-96 Obj~tive, s state that they would like to provide summer day treatment services to at least 25 children with behavior disorders and school year day treatment services to at least 15 children with behavior disorders. To meat these goals they need one full-time day treatment coordinator, 5.4 FTE Youth Counselors and 16 t-boo Objective: Priority: LOW Youth Counselor Associates, office space, dayroom space, and two vans, in addition to a permanent site. The ARC of Johnson County is working to improve summer/before/after school care options for adolescents over the age of 12 with developmental disabilities. Historically this need had been met by Handicare, but that agency has determined they can no longer provide quality services for children over age 12. Investigate need for additional space for youth programs. Continue support of before/after school facilities for all youth including those with developmental disabilities. Strategy: Provision of Neighborhood Facilities Needs Assessment and Current Programs: Neighborhood Centers of Johnson County operates neighborhood centers within the Broadway and Pheasant Ridge neighborhoods. They are currently designing and soon will be building a new 8,000 s.f. neighborhood center in the Pheasant Ridge Apartment Complex. The center will offer child care, a large drop-in area, general meeting areas, counseling areas, 5 staff offices, and 2 small kitchens. Pheasant Ridge consists of 248 apartments, with 231 subsidized through the Federal Section 8 program for very low- income families. It is a multi-cultural neighborhood with 42% of the families belonging to an ethnic minority and 22% foreign-born. About 200 youth reside in the complex, of whom approximately 60% are from single-parent families. A door-to-door survey conducted at Pheasant Ridge in the summer of 1993 indicated a dire need for child care. Many residents reported that a lack of affordable child care prohibited them from pursuing an education or obtaining employment. The new facility will provide accessible and affordable child care for the neighborhood residents. The Longfellow Neighborhood Association is currently assessing the need for a neighborhood center in the Longfellow neighborhood. They currently hold meetings and functions in churches, private homes, and at Longfellow School. Objectives: a. b. Explore the need; plan and construct neighborhood facilities. Expand neighborhood child care facilities. Priority: MEDIUM Strategy: Provision of additional Parks and Recreational Facilities Needs Assessment and Current Programs: According to the City of Iowa City Neighborhood Services Coordinator, the Mill- edOmhard Neighborhood is most in need of a park to provide residents a place to take their children, congregate, and simply enjoy the open space. According to the Iowa City Comprehensive Plan, Miller/Orchard is the only developed district without an easily accessible park. The Neighborhood Open Space Plan Amendment shows that the 17 Objective: Priority: neighborhood had 1,092 residents in 1990 with a projected build-out population of 2,451. The Plan states that a neighborhood needs 3 acres per 1,000 persons, which means a deficit of 7.35 acres of open space. Develop park/open space in low-income neighborhoods as needed. LOW Strategy: Provision of Health Facilities Needs Assessment and Current Programs: While the number of patients and services offered at the Free Medical Clinic is grow- ing, the existing facilities are adequate at this time. However, it is anticipated that over the next five year~ the demand will exceed the current spava. One limitation of the facility is that it is not handicapped accessible. A dental clinic will be operating once a week out of the Free Medical Clinic beginning in January 1995. This new service will pla~ an increased burden on the facility and could cause a potential lack of space. Objective: Support expansion needs of existing medical/dental facilities. Priority: LOW B. Public Service Needs Strategy: Provision of Health Services: medical, dental, nutrition, preventive care Needs Assessment and Current Programs: According to staff at the Free Medical Clinic and from public meeting comments, the number one need is to assist patients in acquiring and purchasing prescription medica- tion. The Free Medical Clinic's budget is unable to cover the costs of medication and they rely solely on contributions by drag companies. Free Medical Clinic staff is also seeing more persons with chronic illnesses resulting in an increased need for medication for persons with psychiatric disabilities, diabetes, and hypertension, conditions which are made worse by being homeless and unemployed. Consumers also noted the need for assistance in acquiring prescription eyeglasses and hearing aids. According to a recent survey conducted by the Iowa Center for AIDS Resources and Education (ICARE), there is an immediate need for a serviea network to help HIV+/AIDS individuals stay in their current living situations and to enable them to live wherever they choose. The service network would include provisions for assistance with acquiring and purchasing prescription medication. This prescription assistance would then help to reduce the financial burden and leave more funds for housing costs. Nutrition needs are addressed by various groups and agencies. The Crisis Center Food Bank requests increased 30% from 11,960 in 1993 to 15,498 in 1994. The Free Lunch program has had a steady, but manageable increase in lunches served over the past few years. The Salvation Army serves meals and has also reported steady increases, particu- larly in 1993 due to the flood. 18 %00 Objectives: Priorli~: HIGH Continue support of assisted health, dental, and H1VIAIDS services. Support assistance for prescription medication payments. Support food and nutrition services for low-income residents. Encourage participation of additional health care service providers. Strategy: Provision of Dependent Care Services Needs Assessment and Current Programs: Child care issues have repeatedly arisen at CITY STEPS meetings and through discus- sions with staff members of the 4C's (Community Coordinated Child Care) program in Iowa City. 4C's primary purpose is to promote the well-being of children and their families by assisting parents, child care providers, employers, and others with their child related needs. This encompasses addressing challenges to the eommunity's child care system, documenting needs and trends in the child care delivery system, and serving as a resource for planning and developing programs. In the past year, the 4C's Resource and Referral Program conducted 1,898 parent intakes, listed 276 individual child care providers, and distributed 9,000 directories of child care services with 60 child care center and preschool entries, and provided con- sumer education as requested. According to 4C's statistics, documented child care needs in the Johnson County area have increased dramatically. The unmet needs are strongly focused on infant care, before/after school care, and care for children whose parents work second shifts and weekends, and child care for homeless families. The Elderly Services Agency (ESA) reports that respite care for the elderly is a "critical unmet need" in Iowa City. According to ESA, respite care is available at Mercy Home Healthcare, Homelife, and Hawkeye Medical Services at an average cost of $10.00 an hour which is beyond the means of 75% of those who need it. ESA receives an average of two inquiries a day about respite care for the elderly, but they can only provide a total of 1:2 to 14 hours a day olin-home respite care. In FY94 ESA provided 12,326 hours of in-home respite care. The ARC of Johnson County provides similar respite care services for persons with mental retardation and developmental disabilities and their families. The ARC reports serving 3,641 individuals in all of its programs during 1993. An expanded need for respite services is anticipated. The ARC also is working to improve summerg0efore/~er school care options for adolescents over the age of 12 with developmental disabilities. Historically this need had been met by Handicare, but that agency has determined they can no longer provide quality services for children over age 12. Objectives: Support and expand child care resources arm referral services, and opportunities including emergency and round the clock care. Explore, support and expand services that provide adult daycare and respite care for the elderly and for persons and families with special needs. PriorJOri: HIGH 19 Strategy: Improve access to Transportation Needs Assessment and Current Programs: The one consistent theme at every CITY STEPS public meeting and in discussions tween staff and residents was transportation. Transportation to jobs, day care, medical services, school, and shelter was noted as the most urgent need. The current bus system focuses on the downtown area, with nearly every route beginning or ending downtown. The first bus route that will not go downtown is scheduled to begin service in early 1995. The bus system also has limited evening hours, extremely limited Saturday service and no Sunday service. The ongoing development of businesses and residential areas locating on the fringes of Iowa City and neighboring towns only emphasizes the need to review the existing system. The SEATS program which provides Iraasportation services to citizens who are elderly and/or disabled is currently undergoing a complete funding review. This service is vital to the day-to-day lives of persons who are elderly and disabled in Johnson County and Iowa City Additionally, the fre~ bus ticket program continues to be an important link between low- income residents and jobs, services, and housing. Objectives: Review Bus Transit system (e.g. possible expansion of service hours, im- proved route structure to reach new and existing employment and ser- vice centers, etc.). Provide ongoing support to special needs population for regional trans- portation systems. Study regional commuting options including expansion of van and car pools, muss transit, and other alternative transportation modes. Continue provision of fi'ee bus tickets. Priority: HIGH Objective: Priority: Strategy: Provision_ of Legal Aid Needs Assessment and Current Progranm: Legal aid for low-income persons was discussed at CITY STEPS meetings as an hnpor- rant need for issues such as tenant/landlord disputes, protection of basic rights, and particularly for unique issues of elderly persons. Maintain support for services that provide for the legal needs of low-income persons. LOW 20 -oo Strategy: Provision of training in Living Skills Needs Assessment and Current Programs: Basic coping and day-to-day living skills were mentioned as needs at every CITY STEPS public meeting and discussion. Support for creating and expanding living skills training programs was cited by several agencies. An agency that currently addresses a variety of needs is LIFE Skills, Inc. which is a private non-profit organization devoted to providing education and assistance to chil- dren, adults, families, and persons with special needs. LIFE Skills operates a Housing Support Program that works with families at risk of losing their housing due to a lack of home maintenance, home safety skills, budgeting, communication skills, and coping skills. Assistance is provided to help these families gain a sense of responsibility and accountability to themselves, their neighbors and their landlords. The Housing Support Program assisted 31 households in 1992 and 39 households in 1993, an increase of nearly 30%. Current funding provides for only one, half-time position to provide these housing support services. If additional staff funding was available it is anticipated that this program or others could be significantly expanded to assist more families and provide more services. The Hawkeye Area Community Action Program (I-IACAP) also provides living skills support services in its transitional housing program. The general trend in providing care and services to persons with special needs is towards non-facility-based, out-patient, independent living services. This trend reflects a move toward incorporating the changes mandated by managed health care systems. Virtually every aspect of service to special needs populations is affected, including services for persons with mental illness, mental retardation, physical disability, and drug and alcohol addiction. Programs providing these services need to be enhanced to meet current and anticipated future demands. Objective: Create and/or expand services that offer day-to-day living and coping skills, including, but not limited to: locating and acquiring housing, budgeting, general housekeeping, home maintenance, home safety, communication skills, and independent living skills. Priority: HIGH Strategy: Provision of Crime Awareness and Prevention Program Needs Assessment and Current Programs: The Iowa City Police Department efficiently operates the D.A.R.E. program along with police sponsored youth recreation programs to help keep youth aware of crime issues. Neighborhood Watch and Block Parent programs also operate. A drag prevention grant funded by HUD in FY94 increased drug prevention coordination between the PHA and neighborhood centers. Other programs provided through 1VIECCA, Big Brothers/Big Sisters, the Iowa City Coramunity Schools and Neighborhood Centers of Johnnon County, also deal with crime awareness and prevention. 21 Objective: Support the Police Department in its efforts to promote crime awareness and prevention through programs such as DARE, drug abuse prevention, police-sponsored recreation, and other community-based programs. Priority: LOW Strategy: Provision of Youth Services Needs Assessment and Current Programs: Youth Homes, United Action for Youth, and Mayor's Youth Employment have all seen consistent increases in their service needs and anticipate further increases over the next five years. United Action for Youth (UAY) assists youth and families by offering counseling and intervention programs, and providing prevention and youth development programs that make use of young people's talent and skills. UAY assisted 2,830 Johnson County residents between July 1993 and June 1994. There is a waiting list for persons wanting family counseling. Mayor's Youth Employment Program (MYEP) operates three programs, the Youth Em- ployment, Entrepreneurial and the Corps programs. They assisted 168 Johnson County youth between July 1993 and June 1994. MYEP maintains a waiting list of over 100 youth. Youth Homes operates the Youth Emergency Shelter, Pursuing Adventures in Learning (PAL), Young Women's Residential Treatment Center, Parent Support Services, and Structured Community Independent Living Services. Youth Homes served 225 Johnson County residents between July 1993 and June 1994. Before and after school programs are currently provided at the elementary level. There appears to be a need for after school programs at the Junior High School level. Objectives: Continue to support existing youth programs. Respond to needs to expand programs such as after school care and assislance. Priority: MEDIUM Strategy: Provision of TenantLandlord Education or Mediation Needs Assessment and Current Programs: The need for improved communication and education between tenants and landlords was cited at several CITY STEPS meetings. Uncertainty about regulations, fear of eviction and feelings of disenfranchisement serve to decrease the quality of life for low- income tenants. Confusion regarding regulations and program requirements discourage landlords from willingly participating. Objective: Provide a forum for communication and education between tenants and landlords. 22 Priori~: HIGH Strategy: Continue Fair Housing Activities Needs Assessment and Current Programs: The Human Rights Coordinator .and the Human Rights Commission have an ongoing program which provides both counseling and complaint investigation, and, through outreach and education of landlords and tenants, furthers fair housing. A constant stream of complaints is evidence of the need for these activities. Complaints include intimidation by landlords, discrimination because of an address known to be public or assisted housing, and eviction without came. Objectives: a. Stop discrimination by address by encouraging scattered site subsidized housing, educating the community regarding subsidized housing and other assistance programs. Pursue legal action against intimidation of tenants. Review current policies regarding manufactured housing eviction arbi- tration. Priority: HIGH Strategy: Provision of Senior Services Needs Assessment and Current Programs: ESA provides a shared housing program which is a matching service between elderly home owners with a room to rent and tenants (most ficquently graduate students) needing rooms. Currently there are 20 matches in the program. Elderly participants cite the security of having someone in the house at night, the convenience of an in- home person they can count on for errands and household help, and the extra income from the rent, as benefits to the program. ESA staff feels this program is comfortably meeting the market demand for such a service there are usually 18-25 matches at any given time. (SEE ALSO Transportation Needs and Legal Aid.) Objectives.' Priority: HIGH Continue support of in-home programs for the elderly. Explore, support and expand day care and respite care (see also De- pendent Care) services. Continue support of services for the elderly, including paratransit, legal assistance, and shared housing programs. Strategy: Continuation of Human Services coordination Needs Assessman~ and Current Programs: While existing methods of referral and assessment appear to be doing an adequate job of directing individuals in need to soarcos of service, there is increasing concern within the homeless and service provider communities that current mathods, while cooperative, are not coordinated. The result is that persons in crisis am frequently sent back and forth from one agency to another, often across town, to secure support. 23 Objectives: Priority: One solution, suggested more than once in CITY STEPS public meetings, was to develop a single, centrally-located facility for coordinating referrals. Such a facility may provide satellite office space for agencies to conduct initial assessment and intake interviews, telephones for clients to use for centacting unrepresunted agencies, a call-in hotline for people in need, and a well stocked pamphlet display for service information. Another opportunity for coordination may exist in accessing existing computer networks for linking agencies and sharing information. At the administrative level, coordination of human services is provided by the Human Services Coordinator for the Johnson County Council of Govarnmunts. This office provides budgetary, statistical, and programmatic analyses to Iowa City's City Council, as well as the Johnson County Board of Supervisors in order to aid in making sound decisions regarding funding and policy matters for human services. The Coordinator also assists in the planning and coordination of local human resources at all levels of the service system. As state and federal aid to human service agencies decreases, the need for more local planning and coordination becomes imperative. Develop easily accessible referral center. Pursue single application service system entry. Support continued funding of JCCOG Human Service Coordinator. HIGH IV. NEED FOR ECONOMIC DEVELOPMENT Strategy: Provide Employment Training and Education Needs Assessment and Current Programs: Currently, the emphasis in HUD programs is to help families move toward self-suffi- ciency. Suitable education and training for jobs is part of this process. Further research is needed to determine what skills local employers are looking for and what on the job training and apprenticeship programs are available and needed. Currently, Mayor's Youth Employment Program provides three job skill programs for youth training and education. They assisted 168 Johnson County youth last year. The Family Investment Program (FIP) (formerly Aid to Families with Dependent Children) works with Promise Jobs (under JTPA) to provide job mining. Independent Living, Inc. offers comprehensive training in job seeking, advocacy, and personal assistance to persons with disabilities. They have experienced a large increase in clients in the last year. Kirkwood Community College provides Graduate F. quivalency Diploma (G.E.D.) preparation, basic skills training, English as a Second Language (ESL), and Adult Literacy programs to approximately 1,000 individuals each year. Participants in Prom- ise Jobs and programs are mandated to participate in a high school degree program. Objectives: Continue and expand apprenticeship and employment training programs. Investigate how to best coordinate job training programs. Support education opporttmities including basic skill development (e.g. GED progrants, Adult literacy programs, gocational programs). Research work force and local employment opportunities to determine existing and needed skills. Priority: HIGH S~tegy: Encourage employment opportunities that pay at least a living wage *(including opportunities for persons with disabilities) Needs Assessment and Current Programs: A major problem identified at public meetings is the increasing number of temporary jobs in the area. According to a survey of local tempora~ hiring agencies, it is estimated that them are 3,500 temporary jobs in Iowa City. About 35% of the temporary employees are hired for indefinite periods. Some of these work on a temporary basis for long periods of time. One example used at a public meeting was a person working at a local business on a temporary basis since 1985. Temporary living agencies esti- mate that 26% of Iowa City employers use temporary employees to fill formerly permanent positions. The peak seasonal periods for temporary employment are Novem- ber through January and the month of September. Such temporary jobs provide no benefits, are oRen at minimum wage or slightly above, and do not provide a "living" wage in Iowa City. It should be noted, however, that temporary jobs are often appropri- 25 t-Foe Objectives.' Priority: HIGH ate in a community where the labor market includes a sizable population seeking such employment, e.g. students. Much more information is needed to determine how and what type of job opportunities need to be created. Determine and publicize industry standards for hiring, wages and benefits within the community. Publicly recognize employers who creatively address employ- ment concerns. Research local employment trends. Explore and implement mechanisms for increasingfull-time per- manent jobs with benefits. Strategy: Provide Employment Support Services Needs Assessment and Current Programs: Employment support services such as child care and transportation were addressed at public meetings as important needs. Studies are needed to determine ways of meeting these needs in the Iowa City area. Independent Living, Inc. offers prognuns for persons with disabilities that provide inde- pendent living skills, career development, comprehensive training in job seeking, advocacy, and personal assistance. They assisted 309 Johnson County residents be- tween July 1993 and June 1994, nearly three times the amount from the previous year. Goodwill Industries of Southeast Iowa's Threshold program provides opportunities for successful living for persons with disabilities by providing community based training and employment services. These services include job seeking training, peer support, job placement, and job coaching. The Institute for Social and Economic Development (ISED) is in its first year of operating a microenterprise development program in Iowa City. They offer classes to teach business skills to develop and start up small businesses, mostly retail. Discussions with ISED staff and its clients have pointed to a need for a business incubator in Iowa City. They would like to see both a retail and light industrial business incubator that would offer reduced rents and shared office facilities to small business owners. Objectives.' Investigate methods of providing and provide improved transportation and child care services for employees. Facilitate supportive employment services for persons with special needs (e.g. job coach, ADA compliance). Continue to support agencies that provide microenterprise/entre- preneurial development. Priority: HIGH 26 Strategy: Encourage the expansion and retention of business and industry that pays at least a living wage* Needs Assessment and Current Programs: The existing industrial park in southeast Iowa City is nearly at capacity and the City is looking at expansion possibilities nearby. One way to encourage businesses to locate in Iowa City and employ low- and moderate-income employees is to subsidiz~ the development of infxastmcture to the site. There currently is not a program to encourage commercial or industrial rehabilitation, but with the ever increasing commercial and industrial development on the fringes of Iowa City and in surrounding communities, the older centrally located structures may be threatened. If this development occurs a program should be developed to encourage rehabilitation of those structures to maintain economic viabili .ty and adaptability. Technical assistance for economic development needs in iowa City is provided by the City of Iowa City's Economic Development Coordinator, the Iowa City Chamber of Commerce, and the Iowa City Area Development Group. Objectives: Further the expansion of business and industry by: Zoning additional land for industrial/business parks; Facilitating infrastructure improvements to businesses wanting to ex- pand and paying at least a living wage; Investigating feasibility of a business incubator; Reviewing current zoning policies to better serve business needs. Maintain existing business and industry by: Reviewing the need for commercial or industrial rehabilitation; Continuing to support agencies that provide economic development technical assistance. Priority: HIGH A living wage of $17,000-$20,000 for a family of three is a rough estimate based on HUD Fair Market Renls and the assumption that no more than 30% of gross income is spent on housing costs. ppdcdbg\prioslra 27 DRAFT Table I U.S. Department of Itousing and Urban Development Ilomeless Populations and Subpopulations POINT-IN-TIME COUNT Thusday, October 20, 1994 TOTAL NUMBER SERVED BY TOTAL # Part 1: HOMELESS POPULATION Homeless (a+c+d) FAMILIES with CHILDREN I. Number Homeless Families 15 2 Number Persons in Homeless Families INDIVIDUALS not in FAMILIES 3 YOUTH (17 years or Younger) 14 ' 4 ADULTS (18 + years of Age) 46: TOTAL (hnes 2 * 3 + 4) 114 Homeless ReceptionDay Emergency Unshellered Centers Shelters (a) (b) (c) 6 26 8 7 39 7 73 Transitional Housing 9 28 6 Part 2: SUBPOPULATiONS HOMELESS Persons with Service Needs Related To: 1 Severe Menial Illness (SMI) Only 2 Alcohol/Other Drug Abuse Only 3 SMI and Alcohol/Other Drug Abuse Domestic Violence 5 AIDS/Related Diseases 6 Other (specify) %of Total 8.8 8.8 3.5 13 .9 Part 2: Line 6 Medical Disability Mild Mental Illness Learning Disability % of Total 2.6 4.4 2.6 Table 2 Priority Needs Summary Table PRIORITY HOUSING NEEDS (householda) Cost Burden > 30% H Cost Burden > 50% X Small Rololad Substande~ L Overcrowded Cost Burden > 30% X Cost Burden > 50% X Renler La~Je Related Subetand. a~ L Overcrowded L Cost Burden > 30% R Cost Burden > 50% H Elderly Substandard Overcrowded Cost Burden > 30% X Cost Burden > 50% X Substandard R Overcrowded T. PRIORITY HOMELESS NEEDS A~sessmenl/Ou~'each Emergehcy ShaRer TransitiOnal Housing Pain,anent Supportia Housing Permanent Housing Priority Need Level High. Medium. Low. No Su¢ll Need 0-30% 31-50% 51-80% M M M M L L L L M M L L L L M M M M L L L M M M M H M L L Priority Need Level High. Medium, Low, No such need M M M X M M N N X X H N 01/12/95 U.S. Department of Housing and Urban Development CPD Consolidated Plan System Listing of Priority Needs Pdofity Need Priority Need Level H = High M = Medium L=Low N = No Such Need PUBLIC FACILITY NEED8 Senior Centers Youth Centers Neighborhood Facilities Child Care Centers Pa&,s, Recreational Facilities Health Facililles Pa~ng Facilities Other Public Facilities INFRASTRUCTURE IMPROVEMENTS Solid Waste Disposal Improvements Flood Drain Improvements Water Improvements Street Improvements SHewalks Improvements Sewer Improvements Asheslos Removal Other Infrastructure Improvements Needs PUBLIC SERVICE NEEDS Senior Services Handicapped Services Youth Services Transportation Services Substance Abuse Services Employment Training Crime Awareness PRIORITY NEED LEVEL L L M M L L N L L L L L L L L L H H M H H H L 2 09:38:39 41.00 01112195 U.S. Department of Houelng and Urban Development CPD Consolidated Plan System Ll~fing of Priority Needs Priority Need Fair Housing Activities Tenant/Landlord Counseling Child Care Services Health Services Other Public Service Needs ACCESSIBILITY NEEDS Accessibility Needs HISTORIC PRESERVATION NEEDS Residential Historic Preservation Needs Non-Residential Historic Preservation Needs ECONOMIC DEVELOPMENT NEEDS Commercial-Industrial Rehabilitation Commercial-Industrial Infrastructure Other Commercial Industrial Improvements Micro - Businesses Other- Businesses Technical Assistance Other Econorolo Development Needs OTHER COMMUNITY DEVELOPMENT Energy Efficiency Improvements Lead-Based Paint/Hazards Code Enforcement PLANNING Planning Priority Need Level H = High M - Medium L = Low N ,, No Such Need H H H H H H L L L M H H H H H M L H H 09:38:39 -f ' CITIZEN PARTICIPATION PLAN FOIl THE CONSOLIDATED PLAN (CITY STEPS) FOR HOUSING AND COMMUNITY DEVELOPMENT In working with communities across the country, the U.S. Department of Housing and Urban Development (HUD) has realized the importance of coordinating housing programs with services and economic development, to help cities create and maintain a livable environment particularly for their low income residents. The Consolidated Plan is the planning document that outlines the partnerships between housing providers, human service agencies, neighborhoods and the business community for addressing specific community needs. The Consolidated Plan will document housing and community development needs, and identify strategies to meet those needs in Iowa City. The process encourages many citizens to participate especially the low-and very low-income residents who benefit directly from the funding decisions. This Citizen Participation Plan encourages citizens to participate in the consolidated planning process from the outset. It outlines the procedures for community approval of the Consolidated Plan; for addressing concerns, objections and complaints, and for making amendments to the plan after approval. This plan meets HUD's basic requirements for citizen participation in prepar- ing a Consolidated Plan. Initially three existing citizen commissions will play an integral role in the citizen participation process --the Housing Commission, the Committee on Community Needs (CCN), and the Local Homeless Coordinating Board. These commissions will hold public hearings, collect comments, and previde forums for annual review of the plan. Each commission will also assign two of its members to serve on the prioritizing committee for ranking community needs for the strategic and annual planning elements of the Consolidated Plan. Two members of the business community shall also serve on this Committee. The commissions will also make recommendations regarding funding allocations. CITIZEN PARTICIPATION ACTIVITIES 1) Citizens will be made aware of and encouraged to participate in the annual activities related to the development of the Consolidated Plan, any amendments and the perfor- mance report, through neighborhood and City newsletters, the media, and the human service agencies as appropriate. 2) 3) 4) Information concerning the plan will be provided to citizens, public agencies, and other interested parties through the media, general public meetings, and neighborhood meet- ings. Before the consolidated plan is adopted information will be made available, through the above described channels, on the amount of assistance the jurisdiction expects to receive and the range of eligible activities that may be undertaken. In circumstances where funding opportunities are appropriate for specific neighborhoods, neighborhood meetings will be held to provide specific information about the plan as appropriate. These meetings will be held at convenient locations and times to allow broad participation of all residents who might be affected. The meetings will be designed to allows citizens to give input into the development, implementation and assessment of the consolidated plan. Particular effort will be made to involve very low- and low-income persons, members of minority groups, and persons with mobility, visual, and hearing impairments in this process. 2 Non-English speaking persons or persons with hearing impairments can be provided an Interpreter at public hearings/meetings, if a request is made at least seven days prior to the scheduled meeting date. 5) Technical assistance will be provided by the Community Development staff to citizen commissions, neighborhood groups, and groups representative of persons of very low- and low-income that request such assistance in developing proposals for projects to be funded through any of the programs covered by the Consolidated Plan. 6) Notice of public hearings and meetings related to the Consolidated Plan will be published with date, time, place and topic in the Iowa City Press-Citizen, and/or other appropriate newspapers at least 4-10 days prior to the public hearing/meeting. In addition, press releases will be sent out, public service notices placed on the radio and cablevision, and notices sent out to neighborhood residents as appropriate. The citizen commissions will hold public meetings to provide information regarding the consolidated plan, priorities, and proposed activities to citizens and to permit citizen input regarding the City's community development and housing needs. 8) Following citizen input, a draft Consolidated Plan, including a statement of the City's consolidated planning priorities and a list of proposed activities for the program year will be published prior to the City Council public hearing. 9) Publication will consist of a summary of the proposed Consolidated Plan in one or more newspapers, and copies of the proposed plan will be available at the Public Library, the City Clerk's office, and the Planning and Community Development Department office. The summary will include a list of the locations where copies of the entire plan may be exam- ined. lo) A City Council public hearing will be held to obtain citizen comments on the draft Consoli- dated Plan including the one year Action Plan detailing the proposed activities and their sources of funding for the program year. 11) Citizens, public agencies, and other interested parties will be notified of the availability of the Consolidated Plan as proposed and will be given thirty (30) days to comment on the plan, amendments, or performance report that is to be submitted to HUD before its adoption by the City Council. 12) After consideration of citizen comments on the proposed Consolidated Plan, the final Consolidate Plan, priorities, and program activities for the current year will be approved by the City Council. 13) After the end of the program year the citizen commissions will hold a public hearing to review program performance for the previous year. PLAN AMENDMENTS Citizens shall be provided reasonable notice and opportunity to comment (as described above in the citizen participation plan) on any proposed "substantial change" and/or amendment in the Consolidated Plan. An amendment to the plan must occur whenever one of the following deci- sions is made: a) to add, delete or substantially change any portion of the plan; 3 b) to make a substantial change in the allocation priorities or a substantial change in the method of distribution of funds; c) to carry out an activity, using funds from any program covered by the Consolidated Plan (including program income), not previously described in the action plan; or d) to substantially change the purpose, scope, Iocafion, or beneficiaries of an activity. A "substantial change" includes: Change in Purpose - if an activity changes with respect to the objectives as originally described in the Consolidated Plan; Change in Scope - if the scale and/or nature of the activity changes to the extent that there is a 25% increase or decrease in program funds expended, or if changes/revisions within the original budget allocation exceed 25% of the odginal budget for all Housln.¢l prolects or all Economic Develm3ment prolecte or all Public Facllltles and Services projects. Change in Location - - if the originally approved location is changed to an area outside of its census tract; and Change in Beneficiaries - if the percentage of Low-Income persons receiving service/assistance decreases 25% or more. CONSULTATION The City will consult with public and private agencies providing health services, social services and housing assistance during the preparation of the plan. More specifically the City will consult with: 1. State or local health and child welfare agenc'es w~th respect to lead based paint hazards. Adjacent local governments regarding non-housing community development needs as well as housing and homeless needs that are regional in nature. GENERAL CITIZEN PARTICIPATION PRACTICES 1) All comments or views of citizens (or units of local government) received in writing, or orally at the public hearings shall be considered in preparing the final Consolidated Plan. 2) A summary of these views and comments, and a summary of any comments or views not accepted and the reasons therefore, shall be attached to the final Consolidated Plan, amendment of the plan, or performance report. 3) Comments, complaints, or questions about the Consolidated Plan, priorities, and funding allocations received in writing or orally at public hearings by one of the citizen commis- sions, the City Council, or City staff, or received by telephone or mail will be answered in a timely, substantive, and responsive manner (by written response) within a 15-day period after they are received. 4 4) Information concerning the Consolidated Plan, and, once approved, a copy of the Consoli- dated Plan will be available to the public in the offices of the Department of Planning and Community Development during regular office hours (8:00 a.m. to 5:00 p.m., Monday -Friday). All published documents may also be reviewed at the Iowa City Public Library or the City Clerk's Office at the Civic Center, 410 E. Washington Street, Iowa City, Iowa 52240. ppdcdbg~citystep~ppplan.jd City of Iowa City MEMORANDUM Date: January 26, 1995 To: From: Re: City Manager and City Council David Schoon, Economic Development Coordinato ~-~--- National Computer Systems Community Economic Betterment Account Loan Agreement end Promissory Notes. On June 23, 1993, the City Council approved a resolution authorizing the submission of an application for Community Economic Betterment Account (CE9A) funding on behalf of National Computer Systems, Inc. (NCS). The following month, the Iowa Department of Economic Development awarded a $635,000 forgivehie loan for NCS's expansion. The resolution on your agenda authorizes the Mayor to sign the loan agreement and promissory notes for the $635,000 forgivable loan. Once the executed loan agreement and promissory notes are submitted to the State, funds can be released for the project. A representative from NCS will be present at your January 30th work session to provide a brief update regarding the status of the NCS project. If you have any questions prior to the work session, please call me at 356-5236. CC: Doug Divelbiss, NCS Vicki Amundson, NCS Michael Brewer, NCS Michael Swesey, DED Karin Fr, anklin RESOLUTION NO. 95-18 RESOLUTION APPROVING LOAN AGREEMENTS BETWEEN THE CITY, THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT AND NATIONAL COMPUTER SYSTEMS, INC. FOR $635,000 OF COMMUNITY ECONOMIC BETTERMENT ACCOUNT FUNDS TO ASSIST IN CONSTRUCTION OF A BUILDING EXPANSION. WHEREAS, the Iowa Community Economic Betterment Account (CEBA) program provides loans to cities to promote economic development and create long-term employment opportunities; and WHEREAS, it is in the public interest to use state and local funding to encourage economic development in Iowa City, Iowa; and WHEREAS, the City has applied for, and obtained, a CEBA loan from the Iowa Department of Economic Development ("State") in the amount of 9635,000 forgivable loan to be loaned to National Computer Systems, Inc. (NCS) as provided by Iowa Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Loan Agreements and Promissory Notes between the City and the State, and between the City and NCS, copies of which are attached hereto, are in the public interest to encourage economic development, and that said Agreements are hereby approved in form and substance. The Mayor is authorized and directed to sign, and the City Clerk to attest, the Loan Agreements and Promissory Notes. The City Manager is hereby authorized to take any additional actions required by the State and the CEBA program to implement the Loan Agreements and Promissory Notes. Passed and approved this 31st day of Janua=y , 1995. CITY CLERK Office Resolution No. 95-18 Page 2 It was moved by Kubby and seconded by adopted, and upon rol~ cell there were: · AYES: NAYS: x x X X P'I ~ott ABSENT: the Resolution be Baker Horowitz Kubby Lehman Novick Pigott Throgmorton Redraft 'I 2/'19~94 IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT CEBA LOAN AGREEMENT CEBA LOAN NUMBER: 94-PRO-01 AWARD DATE: July 15. '1993 KIND OF AWARD: Forgivable Loan AWARD AMOUNT: $635.000 THIS COMMUNITY ECONOMIC BETTERMENT ACCOUNT ("CEBA") AGREEMENT is made by and among the IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT, 200 East Grand Avenue, Des Moines, Iowa 50309 ("Department" or "IDED"), City of Iowa City, City Hall, 410 East Washington, Iowa City, IA 52240 ("Community"), and National Computer Systems, Inc., a Minnesota corporation, 11000 Prairie Lakes Ddve, Eden Prairie, MN 55344 ("Corporation"). The Department desires to make a loan to the Community for the benefit of the Corporation and the Community desires to accept this loan, all upon the terms and conditions set forth in this Agreement. The Community desires to make a loan to the Corporation and the Corporation desires to accept this loan, all upoh the terms and conditions set forth in this Agreement. THEREFORE, in consideration of the mutual promises contained in this Agreement and other good and valuable consideration, it is agreed as follows: ARTICLE I DEFINITIONS As used in this Agreement, the following terms shall apply: 1.1 AGREEMENT EXPIRATION DATE, "Agreement Expiration Date" means the date the Agreement ceases to be in rome and effect. The Agreement expires upon the occurrence of the earlier of one of the following: a) the Loan is repaid in full or required part, including accrued interest, court costs and any penalties; b) the Agreement is terminated by the Department due to any default under Article X; c) no disbursement of CEBA funds has occurred within the twenty four months immediately following the Award Date; or d) if the Agreement includes only a Forgivable Loan, at the end of the three (3) year period beginning with the Project Completion Date during CONTRACT NUMBER 94-PRO-01 Iowa City/National Computer Systems, inc. PAGE 2 Redraft '12/19/94 which the Job Attainment Obligation has been fulfilled and notice of same has been provided by IDED, 1.2 AWARD DATE, "Award Date" means the date on which the Economic Development Board approved the IDED CEBA participation. 1.3 BUSINESS. "Business" means the Corporation's business operations located in Iowa city at 2510 N. Dodge St., P.O.Box 30. The Business is the division authorized by the Corporation to implement the project on behalf of the Corporation. 1.4 COMMUNITY BASE JOBS. "Community Base Jobs" means the number of Full-time Equivalent (FTE) Jobs the Department determines are in place in {he Community at the time of application for CEBA funds and which will remain in the Community whether or not CEBA funds are awarded. Said jol~s must be maintained for a minimum of thirteen (13)weeks beyond the Project Completion Date. If the Agreement includes a Forgivable Loan, said jobs must again be in place at the third (3rd) year anniversary of the Project Completion Date. Only for purposes of calculating Community Base Jobs, "Community" means the City of Iowa City, Iowa and surrounding Johnson County area. 1.5 CREATED JOBS. "Created Jobs" means the number of new Full-time Equivalent (FTE) Jobs the Business will add to the Community over and above the number of Community Base Jobs and/or Retained Jobs. Said jobs must be maintained for a minimum of thirteen (13) weeks beyond the Project Completion Date. If the Agreement includes a Forgivable Loan, said jobs must again be in place at the third (3rd) year anniversary date of the Project Completion Date. 1.6 FORGIVABLE LOAN. "Forgivable Loan" means a loan for which repayment is eliminated in part or entirely if the Community and Business satisfy the terms of this Agreement, including the Job Attainment Obligations stated in Article VII. 1.7 FULL-TIME EQUIVALENT (FTE) JOB, "Full-time Equivalent (FTE) Job" means the equivalent of employment of one (1) person for eight (8) hours per day for a five (5) day forty (40) hour workweek for fifty two (52) weeks per year. 1.8 JOB ATTAINMENT OBLIGATION, "Job Attainment Obligation" means the aggregate total number of Community Base Jobs, Retained Jobs, Created Jobs and State Employment Level pledged by the Community and BusThess. 1.9 LOAN, "Loan" means either a conventional loan or a Forgivable Loan, or both, the terms of Which are or may be set forth in this Loan Agreement. .CONTRACT NUMBER 94-PRO-01 Iowa City/National Computer Systems, Inc. PAGE 3 Redraft t 2/19~94 1.10 LOAN AGREEMENT or AGREEMENT, "Loan Agreement" or "Agreement" means this Agreement, the Project budget and all of the notes, leases, assignments, mortgages, and similar documents referred to in the Agreement and all other instruments or documents executed by the Corporation or Community or otherwise required in connection with the Agreement, including but not limited to the following: a. Attachment A, Project Budget. b. Attachment B1, Promissory Note of the Corporation. c. Attachment B2, Promissory Note of the Community. d. Attachment C, CEBA Application for Assistance 1.11 PROJECT. "Project" means the detailed description of the work, services, job attainment requirements and other obligations to be performed or accomplished by the Community and Business as described in this Agreement and the CEBA application approved by the Department, 1.12 PROJECT COMPLETION DATE. "Project Completion Date" means. August 30. 1995 , or such later date which the Business may request by application for an extension up to 12 months pursuant to the administrative rules of the Department, and is the date by which the Project tasks shall have been fully accomplished including fulfillment of the Job Attainment Obligation. 1.13 RETAINED JOBS, "Retained Jobs" means the number of Full-time Equivalent (FTE) Jobs the Department determines are in place in the Community at the time of application for CEBA assistance and which the Business and Community agree will be retained due to receipt of the CEBA funds. Said jobs must be maintained for a minimum of thirteen (13) weeks beyond the Project Completion Date. If the Agreement includes a Forgivable Loan, said jobs must again be in place at the third (3rd) year anniversary of the Project Completion Date, ARTICLE II FUNDING 2.1 FUNDING SOURCE. The soume of funding for the Loan is an appropriation by the State of Iowa legislature for the CEBA Program. With respect to the closing of the Loan, processing of post-closing documents and administration of the Loan until · CONTRACT NUMBER 94-PRO-01 Iowa City/National Computer Systems, Inc. - PAGE 4 Redraft 12119194 paid in full, the Business and Community shall comply With the requirements, conditions and rules of the Department and any other public or private entity having authority over the funds or the Loan. 2.2 RECEIPT OF FUNDS. All payments under this Agreement are subject to receipt by the Department of sufficient State of lowa funds for the CEBA program. Any termination, reduction or delay of CEBA funds to the Department shall, at the option of the Department, result in the termination, reduction or delay of CEBA funds to the Community and the Business. 2 3 PRIOR COSTS. No expenditures made prior to the Award Date may be included as Project costs for the purposes of this Agreement, 2.4 DISBURSEMENT OF LESS ~HAN THE TOTAL AWARD AMOUNT, If the total award amount has not been disbursed within one hundred twenty (120) days of the Project Completion Date, then the Department shall be under no obligation for further disbursement. And, the Community and Corporation shall be obligated to the extent of Loan proceeds received. ARTICLE III TERMS OF LOAN 3.1 LOAN, The Department agrees to make a Forgivable Loan in the amount of $635,000 with interest at six (6%) for five (5) years to the Community on behalf of the Corporation to assist in the financing of the Project. 3.2 PROMISSORY NOTES. The obligation to repay the Loan shall be evidenced by Promissory Notes executed by the Corporation and the Community. 3.3 OTHER TERMS, NA 3.4 PREPAYMENT. The outstanding principal and accrued interest of this Loan, or any part thereof that is not forgiven, may be prepaid in part or in full at any time without penalty. CONTRACT NUMBER 94-PRO-01 Iowa City/National Computer Systems, Inc. PAGE 5 Redraft '12/19194 3.5 ACCELERATION UPON DEFAULT, If there is a failure to pay any installment of principa! and interest when due, or only a portion is paid, or in the event of any other default under this Loan, the Department may declare the entire unpaid principal and all accrued interest immediately due and payable. 3.6 FORGIVABLE LOAN AMORTIZATION. The Department will, in its sole discretion, determine if the Business has satisfied the terms of this Agreement, including fulfillment of the Job Attainment Obligation by the Project Completion Date. If the Department determines that the Business has satisfied said terms and has continued to satis~ said terms for thirteen (13) weeks past the Project Completion Date, then principal and interest which would othervise have accrued for the time period beginning with the Award Date and ending with the Project Completion Date shall be waived. Barring default, hereunder no payments of principal or interest from the Project Completion Date forward on the Forgivable Loan including principal and all accrued interest amounts shall be due until the third (3rd) year anniversary of the Project Completion Date. If the Department determines that the Business has satisfied said terms, including fulfillment of the Job Attainment Obligation, at the third (3rd) year anniversary of the Project Completion Date, then repayment of the Forgivable Loan shall be permanently waived. ARTICLE IV CONDITIONS TO DISBURSEMENT OF FUNDS Unless and until the following conditions have been satisfied, the Department shall be under no obligation to disburse to the Community or Corporation any amounts under the Loan Agreement: 4.1 AUTHORITY. The Business shall have submitted the following documents to the Department: a. Certificate of Good Standing of the Corporation. b. Certified copy of the Corporation's Articles of Incorporation. c. Certificate of Incumbency naming the current officers and directore of the Corporation. CONTRACT NUMBER 94-PRO-01 Iowa City/National Computer Systems, Inc. PAGE 6 Redraft 12119~94 d. Certification ofthe Secretary ofthe Corporatiol~ evidencing the authority of Corporation executive officers to execute and deliver this Loan Agreement and the Note and borrowing hereunder, and such other papers as the Department may reasonably request; and specifying the officer(s) authorized to execute the Lean Agreement and bind the Cerporation. 4.2 PROJECT SCHEDULE. The Community and the Business shall have submitted a completed Project schedule on the form provided by the Department and received the Department's approval of the Project schedule. 4.3 CONSULTATION WITH EMPLOYMENT SERVICES. The Business shall have provided documentation to the Department that it has consulted with the Division of Job Service of the Iowa Department of Employment Services to discuss employment services available from the Division of Job Service. 4.4 LOAN AGREEMENT EXECUTED. The Loan Agreement shall have been properly executed and, where required, acknowledged. 4.5 PROJECT FINANCIAL COMMITMENTS. The Business and Community shall have submitted a letter from each of the following committing to the specified financial involvement in the Project and received the Department's approval of the letters of commitment: Source Tvoe Amount Business Equity $ 9,790,000 Iowa-Illinois Gas & ElectricLoan $ 100,000 Kirkwood Comm. College Job Training $ 920,000 City of Iowa City Sewer Improvements $ 425,000 City of Iowa City Traffic Signalization $ 50,000 Each letter shall include the amount, terms and conditions of the financial commitment, as well as any applicable schedules. 4.7 SOLID AND HAZARDOUS WASTE REDUCTION PLAN. A Business which generates solid or hazardous waste shall have submitted the following information. covering the project site: CONTRACT NUMBER 94-PRO-01 Iowa City/National Computer Systems, Inc. PAGE 7 Redraft '1 ?./~19/94 a. A copy of the completed audit and management plan if the Business has conducted an in-house or an external audit and a corresponding management plan within the last three years; or b. If the Business has not conducted an in-house or external audit and corresponding management plan within the last three years, a copy of a letter from' the Iowa Department of Natural Resources or the Iowa Waste Reduction Center indicating they have met with the Business and an external audit has been initiated, or, a copy of the outline of the Business' proposed in-house audit and a description of how and when the audit will be performed. Furthermore, the Business shall submit a copy of the completed in-house or external audit within 30 days of its completion or receipt, which time period shall not exceed 90 days from the disbursement date of the financial assistance. ARTICLE V REPRESENTATIONS AND WARRANTIES OF THE CORPORATION To induce the Department to make the Loan referred to in this Agreement, the Corporation represents, covenants~and warrants that: 'xtY/ . ' 5.1 AUTHORITY. Theel~'rp6ratioms a corporation duly organized and validly existing under the laws of the state of incorporation and is in good standing, and has complied with all applicable laws of the State of Iowa. The Corporation is duly authorized and empowered to execute.and deliver the Loan Agreement. All action on the Corporations' part, such as appropriate resolution of its Board of Directors for tl~e execution and delivery of the Loan Agreement, has been effectively taken. The Business is authorized by the Corporation to implement the Project and the Corporation assumes full responsibility for the actions of the Business under this Agreement. 5.2 FINANCIAL INFORMATION, All financial statements and related materials concerning the Business and the Project provided to the Department are true and correct in all material respects and completely and accurately represent the subject matter thereof as of the effective date of the statements and related materials, and no material adverse change has occurred since that date. 5.3 APPLICATION. The contents of the application the Business submitted to the Department for CEBA funding is a complete and accurate representation of the Business and the Project as of the date of submission and there has been no material adverse change in the organization, operation, business prospects, fixed properties or · CONTRACT NUMBER 94-PRO-01 Iowa City/National Computer Systems, Inc. ' PAGE 8 - Redraft 12/19194 key personnel of the Business since the date the Business submitted its CEBA application to the Department. 5.4 CLAIMS AND PROCEEDINGS, There are no actions, lawsuits or proceedings pending or, to the knowledge of the Corporation, threatened against the Corporation affecting in any manner whatsoever their rights to execute the Loan or the ability of the Community or Corporation to make the payments required under the Loan, or to otherwise comply with the obligations of the Corporation contained under the Loan. There are no actions, lawsuits or proceedings at law or in equity, or before any governmental or administrative authority pending or, to the knowledge of the Corporation, threatened against or affecting the Corporation or any property or collateral pledged as security for the Loan. 5.5 PRIOR AGREEMENTS, The Community and the Corporation separately or jointly have not entered into any verbal or written contracts, agreements or arrangements of any kind which are inconsistent with the Loan Agreement. 5.6 EFFECTIVE DATE. The covenants, warranties and representations of this Article are made as of the date of this Agreement and shall be deemed to be renewed and restated by the Corporation at the time of each advance or request for disbursement of funds. ARTICLE VI COVENANTS OF CORPORATION 6.1 AFFIRMATIVE COVENANTS, Until payment in full or required part, or forgiveness of the Loan, the Corporation covenants with the Community and IDED that: (a) PROJECT WORK AND SERVICES. The Business shall complete the work and services detailed in its CEBA application by the Project Completion Date. (b) JOB ATTAINMENT OBLIGATION. By the Project Completion Date and as the Agreement may require for additional time pedods thereafter, the Business shall have fulfilled its Job Attainment Obligation described in Article VII of this Agreement. CONTRACT NUMBER 94-PRO-01 Iowa City/National Computer Systems, In~. PAGE 9 Redraft '12/'19/94 (c) BUSINESS RETENTION. The Business shall have and maintain in the Community (and State, if required) the Business premises and operations at least through the Agreement Expiration Date. (d) RECORDS AND ACCOUNTS. The Business shall maintain job data information, books, records, documents and other evidence pertaining to all costs and .expenses incurred and revenues received under this Loan Agreement concerning the Project in sufficient detail to reflect all costs, direct and indirect, of labor, materials, equipment, supplies, services and other costs and expenses of whatever nature, for which payment is claimed under this Loan Agreement. The Business shall ratain all records for a period of three (3) years from the Agreement Expiration Date. (e) ACCESS TO RECORDS/INSPECTIONS. The Business shall, without prior notice and at any time (during normal business hours), permit the Community and its representatives and the Department, its representatives or the State Auditor to examine, audit and/or copy (i) any plans and work details pertaining to the Project, (ii) all of the Business' books, records and accounts pertaining to the Project, and (iii) all other documentation or materials related to this Loan; the Business shall provide proper facilities for making such examination and/or inspection. (f) USE OF LOAN FUNDS. The Business shall expend funds received under the Loan only for the purposes and activities described in its CEBA Application and appro~/ed by the Department. (g) DOCUMENTATION. The Business shall deliver to the Community and/or IDED, upon request, (i) copies of all contracts or agreements relating to the Project, (ii) invoices, receipts, statements or vouchers relating to the Project, (iii) a list of all unpaid bills for labor and materials in connection with the Project, (iv) budgets and · revisions showing estimated Project costs and funds required at any given time to complete and pay for the Project, and (v) current and year-to-date unaudited, internal operating statements, including but not limited to an income statement and balance sheet, not older than sixty (60) days from the date of request, (h) NOTICE OF PROCEEDINGS. The Business shall promptly notify the Community and IDED of the initiation of any claims, lawsuits or proceedings brought against the Business which would adversely impact the Project or involving allegations of fraud or misrepresentation, including, but'not limited to, any proceedings to assert or enforce liens against collateral securing the Loan. (i) REPORTS. The Business shall prepare, sign and submit the following reports to the Community throughout the Project period: CONTRACT NUMBER 94-PRO-01 Iowa City/National Computer Systems, Inc. PAGE 10 Red raft 12/19~94 I~eport Project Schedule Semi-Annual Progress Report Due Date Prior to the first draw of CEBA Loan proceeds May 10th and November 10th for the pedod ending April 30th and October 31st respectively Quarterly "Employer's Contribution and Payroll Report" Semi-Annual Payroll Register Status of CEBA Funds Report Annual Report Final "Employer's Contribution and Payroll Report" May 10th and November loth for the previous calendar quarter May 10th and November 10th for the payroll period ending April 30th and October 31st respectively To request funds Within 90 days after the Corporation's fiscal year end Within 30 days after the Project Cornpie{ion Date Final Expenditure Summary Solid and Hazardous Waste Plan Within 30 days of Project Completion Date VVithin 30 days of completion which shall not exceed 90 days from the date of fund disbursement Annual Solid and Hazardous Waste Progress Report March 31 of each calendar year The Business shall prepare, sign and submit the following reports to the Community dudng the time pedod beginning with the Project Completion Date and ending with the Agreement Expiration Date: Due Date CONTRACT NUMBER 94-PRO-01 Iowa City/National Computer Systems, Inc. PAGE 11 Redraft 'I 2/'19/94 "Employer's Contribution and Payroll Report" Within 30 days after Project Completion Date anniversary Business Payroll Register (for the pay period ending closest to the Project Completion Date anniversary) Within 30 days after Project Completion Date anniversary All reports listed and submitted under this section which contain payroll information regarding the employees of the Business shall be delivered to the Community using the format submitted in the application for funding, which allows identification of the employee positions located in Iowa City. (j) NOTICE OF BUSINESS CHANGES. The Business shall provide prompt advance notice to the Community and the Department of any proposed change in the Business ownership, structure or control which would materially affect the Project. (k) NOTICE OF MEETINGS. The Corporation shall notify the Community and the Department at least ten (10) working days in advance of all Board of Directors and Stockholders meetings at which the subject matter of this Loan Agreement or Project is proposed to be discussed. The Corporation shall provide the Department with copies of the agenda and minutes of such meetings and expressly agrees that a representative of the Department has a right to attend any and all such meetings for the purposes of the discussion of the Project and the Loan. (I) MAINTENANCE OF PROJECT PROPERTY AND INSURANCE, The Business shall maintain the Project property in good repair and condition, ordinary wear and tear excepted, and shall not suffer or commit waste or damage upon the Project property. At the Department's request, the Business shall pay for and maintain insurance against loss or damage by fire, tornado, and other hazards, casualties, and contingencies and all risks from time to time included under "extended coverage" policies. This insurance shall be in an amount not less than the full insurable value of the Project property, (m) INDEMNIFICATION. The Business shall indemnify and hold harmless the Department, its officers and employees, from and against any and all losses the Department may incur that arises directly out of this Project, except those losses incurred by the Department resulting from willful misconduct or negligence on its or their part. The Business shall indemnify and hold harmless the Community, its officers and employees from and against any and all losses the Community may incur which arises directly out of this Project, except those losses incurred by the Community ,. CONTRACT NUMBER 94-PRO-01 Iowa City/National Computer Systems, Inc, PAGE 12 Redraft 121'19~94 resulting from willful misconduct or negligence on its or their part, which losses shall include losses of the Community incurred in indemnifying and holding harmless the Department, (n) PROJECT FEES, The Business shall promptly pay all appraisal, survey, recording, title, license, permit and other fees and expenses incurred incident to the Loan. (o) INTEREST AND SURPLUS PROCEEDS..The Corporation shall return all unexpended Loan proceeds and interest accrued on Loan proceeds to the · Community within thirty (30) days after the Project Completion Date. 6.2 NEGATIVE COVENANTS, So long as the Corporation is indebted to IDED and/or Community, the Corporation shall not, without prior written disclosure to the Community and IDED and prior written consent of IDED (unless IDED prior approval is expressly waived below), directly or indirectly: (a) BUSINESS' INTEREST. Assign, waive or transfer any of Business' dghts, powers, duties or ob'ligations under this Loan Agreement. (b) RELOCATION OR ABANDONMENT, Relocate its operations, physical facilities or jobs (including Created, Retained and Community Base Jobs) assisted with the Loan proceeds outside the Community or abandon its operations or facilities or a substantial portion thereof within the Community during the Loan term. (c) BUSINESS OPERATION. Materially change the nature of the business being conducted, or proposed to be conducted, as described in the Business' application for CEBA funding. (d) FUNDS ON HAND, Have more than five hundred dollars ($500.00) in Loan proceeds, including earned interest, on hand for a period longer than thirty (30) days. ARTICLE VII JOB ATTAINMENT OBLIGATION CONTRACT NUMBER 94-PRO-01 Iowa City/National Computer Systems, Inc. PAGE 13 Redraft 12119/94 7.1 COMMUNITY EMPLOYMENT LEVEL. On the Project Completion Date, the Business shall have in the Community a total of 800 FTE Jobs as set forth below: Project Employment Attainment Obligation Community Base Jobs Retained Jobs Created Jobs 488 100 212 Total 800 7.2 CALCULATION OF JOB ATTAINMENT OBLIGATION. The Department has the final authority to assess whether the Business has met its Job Attainment Obligation at the Project Completion Date. The Department shall determine the number of Community Base, Retained and Created FTE Jobs maintained, retained and created by the Business. The Community and the Department reserve the right t.o monitor and measure at any time during the Agreement term the number of FTE jobs maintained and/or retained and/or created by the Business. ARTICLE VIII COVENANTS OF THE COMMUNITY 8.1 AFFIRMATIVE COVENANTS. Until payment in full or required part, or forgiveness of the Loan, the Community covenants with IDED that: (a) PROJECT WORK AND SERVICES. The Community shall perform work and services detailed in the CEBA application by the Project Completion Date. (b) REPORTS REVIL~N, The Community shall review and sign the reports prepared by the Business as required under the Loan Agreement and forward them to the Department. The reports shall be submitted by the Community by the 15th of the month of receipt, and for the final reports, within sixty (60) days after the Project Completion Date or Agreement Expiration Date pedod, whichever is applicable. (c) RECORDS. The Community shall maintain books, records and documents in sufficient detail to demonstrate compliance with the Loan Agreement and shall maintain these materials for a pedod of three (3) years beyond the Agreement Expiration Date. · CONTRACT NUMBER 94-PR0-01 Iowa CitY/National Computer Systems, Inc. PAGE 14 Redraft 12It 9194 (d) INDEMNIFICATION, The CommunitY shall indemnify and hold harmless the Department, its officers and employees from and against any and all losses the Department may incur which arises directly out of this Project except those losses incurred by the Department resulting from willful misconduct or negligence on its' part. (e) REQUESTS FOR LOAN FUNDS, The CommunitY shall review the Business' requests for Loan funds to ensure that the requests are in compliance with the Department's requisition procedures and shall execute and forward the requests to the Department for processing. (f) REPAYMENTS. The CommunitY shall promptly forward to the Department all Loan repayments received from the Business. (g) UNUSED LOAN PROCEEDS, The CommunitY shall return all unused Loan proceeds, including interest accrued on Loan proceeds, to the Department within thirty (30) days after the Project Completion Date. (h) NOTICE OF MEETINGS. The Community shall notify the Department at least ten (10) days in advance of all public or closed meetings at which the subject matter of this Loan and/or the Project is proposed to be discussed. The CommunitY shall p~'ovide the Department with copies of the agenda and minutes of such meetings and expressly agrees that a representative of the Department has the right to attend any such meetings for the purposes of the discussion of the Project and/or the Loan. (i) NOTICE TO DEPARTMENT. In the event the Community becomes aware of any material alteration in the Project, initiation of any investigation or proceeding involving the Project or Loan, change in the Business' ownership, structure or operation, or any other similar occurrence, the Community shall promptly notify the Department. (j) RESPONSIBILITY UPON DEFAULT, If the Business fails to perform under the terms of the Loan Agreement and the Department declares the Business in default, the Community shall be primarily responsible for recovery of Loan proceeds, as well as penalties, interest, costs and foreclosure on collateral. The Department may also initiate an action to recover such proceeds, or may intervene in any action commenced by the Community. 8.2 NEGATIVE COVENANTS, During the Loan Agreement term the CommunitY covenants with IDED that it shall not, without the pdor wdtten disclosure to and prior written consent of IDED, d'rectly or ind~rectly: qol · CONTRACT NUMBER 94-PRO-01 Iowa City/National Computer Systems, Inc. PAGE 15 Red raft .121'19194 (a) FUNDS ON HAND, Have more than five hundred dollars ($500.00) in CEBA proceeds, including earned interest, on hand for a period longer than thirty (30) days. Surplus proceeds shall be returned to the Department. (b) ASSIGNMENT, Assign its rights and responsibilities under this Loan Agreement. (c) ALTER FINANCIAL COMMITMENTS. Alter, accelerate or otherwise change the terms of the Community's financial commitment to the Business as set forth in Article 4.5. (d) ADMINISTRATION, Discontinue administration or loan servicing activities under the Loan Agreement. ARTICLE IX LIABILITY 9.1 COMMUNITY LIABILITY, The Community's liability under this loan agreement is limited to those amounts which the Community recovers from the Business or Corporation in unused loan proceeds and enforcement of judgements against the Business or Corporation. Nothing in this paragraph shall limit the racovery of principal and interest by the Department in the event of Community's fraud, negligence, or gross mismanagement in the application for, or use of, sums loaned under the Loan Agreement. 9.2 COST VARIATION, In the event that the total Project cost is less than the amount specified in this Agreement, the CEBA participation shall be reduced at the same ratio as CEBA funds are to the total Project cost, and any disbursed excess above the reduced CEBA participation amount shall be returned immediately to IDED with interest at the rate of nine percent (9%) per annum from the date of disbursement by IDED. ARTICLE X DEFAULT AND REMEDIES ..CONTRACT NUMBER 94-PRO-01 Iowa City/National Computer Systems, Inc. PAGE 16 Redraft 12119/94 10.1 EVENTS OF DEFAULT. Any of the following shall constitute an Event of Default under this Loan Agreement: (a) MATERIAL MISREPRESENTATION. If at any time any representation, warranty or statement made or furnished to the Department by, or on behalf of, the Business, the Corporation or Community in connection with this Loan Agreement or to induce the Department'to make a loan to the Community and/or Corporation shall be determined by the Department to be incorrect, false, misleading or erroneous in any material respect when made or furnished and shall not have been remedied to the Department's satisfaction within thirty (30) days after wdtten notice by the Department is given to the Corporation or Community. (b) NON-PAYMENT. If the Corporation fails to make a payment when due under the terms of this Loan Agreement within thirty (30) days following written notice of such overdue payment is given to the Corporation by the Department. (c) NONCOMPLIANCE, If there is a failure by the Corporation or Community to comply with any of the covenai~ts, terms or conditions contained in this Agreement. (d) PROJECT COMPLETION DATE, If the Project, in the sole judgment of the Department, is not completed on or before the Project Completion Date. (e) JOB ATTAINMENT OBLIGATION. If the Business, in the exclusive judgment of the Department, fails to meet its Job Attainment Obligation. (f) BUSINESS CHANGES. Ifthere is a material change in the Business ownership, structure or control of the Business affecting the Project, including but not limited to, entering into any merger or consolidation with any person, firm or corporation or permitting substantial distribution, liquidation or other disposal of business assets directly associated with the Project, which occurs without the prior written disclosure ~:o the Department. (g) RELOCATION OR ABANDONMENT. If there is a relocation or abandonment of the Business or jobs created or retained under the Project. (h) MISSPENDING, If the Corporation or Community expends Loan proceeds for purposes not described in the CEBA application or authorized by the Department. (i) INSOLVENCY OR BANKRUPTCY If the Corporation becomes insolvent or bankrupt, or admits in writing its inability to pay its debts as they mature, or CONTRACT NUMBER 94-PRO-01 Iowa City/National Computer Bystems, Inc. PAGE 17 Redraft 1 ?-./19/94 makes an assignment for the benefit of creditors, or the Corporation applies for or consents to the appointment of a trustee or receiver for the Corporation or for the major part of its property; or if a trustee or receiver is appointed for the Corporation or for all or a substantial part of the assets of the Corporation and the order of such appointment is not discharged, vacated or stayed within one hundred twenty (120) days after such appointment; or if bankruptcy, reorganization, arrangement, insolvency, or liquidation proceedings or other proceedings for relief under any bankruptcy or similar law or laws for the relief of debtors, are instituted by or against the Corporation and, if instituted against the Corporation, is consented to, or, if contested by the Corporation is not dismissed by the adverse parties or by an order, decree or judgment within one hundred twenty (120) days after such institution. (j) INSURANCE, If loss, theft, damage or destruction of any substantial portion of the property of the Business occurs for which there is either no insurance coverage or for which, in the opinion of the Depa[I. ment, there is insufficient insurance coverage. (k) INSECURITY, The Department shall deem itself insecure in good faith and reasonably believes, after consideration of all the facts and circumstances then existing, that the prospect of payment and satisfaction of the obligations under this Agreement, or the performance of or observance of the covenants in this Agreement, or the value of its collateral is or will be materially impaired. 10.2 REMEDIES UPON DEFAULT. Upon the happening of any Event of Default, the Department shall have the dght to require immediate repayment of the full amount of funds disbursed to the Corporation and Community under the Loan Agreement plus interest without presentment, demand, protest, notice of protest, notice of intention to accelerate or other notice of any kind, all of which are expressly waived by the Corporation. 10.3 FAILURE TO MEET JOB A'i-rAINMENT OBLIGATION. If the Corporation is determined by the Department to be in default of the Loan Agreement due to meeting less than one hundred percent (100%) of its Job Attainment Obligation, the Department may require full Loan repayment as described in section 10.2 above or, at its discretion, the Department may permit repayment of Loan proceeds using the following cdteda: (a) FORGIVABLE LOANS. LOANS, BUY.DOWNS AND INTEREST SUBSIDY AWARDS, If the CEBA award is a Forgivable Loan, interest buy-down or interest subsidy, the Department may require repayment of Loan proceeds as follows: If the Business fails to achieve at least fifty percent (50%) of its Job Creation and Retention obligation at the Proje.ct Completion Date, .. CONTRACT NUMBER 94-PRO-01 Iowa City/National Computer Systems, Inc. PAGE 18 Redraft 12119/94 one hundred percent (100%) of the Loan amount shall be repaid at an annual interest rate as determined periodically by the IDED Board. Interest will be calculated and accrue from the date Loan proceeds were disbursed to the Community on behalf of the Business. ii. If the Business achieves fifty percent (50%) or more of its Job Creation and Retention Obligation as of the Project Completion Date and maintains or exceeds that greater than fifty percent (50%) achievement level for thirteen (13) weeks past the Project Completion Date, the Department will require repayment of a percentage of the Loan proceeds. The Loan amount will be prorated between the pementage of FTE Jobs created and retained and the percentage of shortfall as of the Project Completion Date. The Department will amend the Job Creation and Retention Obligation to require that said pro rata percentage of FTE Jobs created and retained will be the Job Creation and Retention Obligation at the third (3rd) year anniversary of the Project Completion Date. The pro rata amount of the Loan associated with the percentage of shortfall will be amortized over the remaining term of the Forgivable Loan, or in the case of an interest buydown or interest subsidy, over three (3) years beginning at the Project Completion Date at an annual interest rate as determined periodically by the IDED Board. And, if the Business has fewer Created and Retained Jobs at the third (3rd) year anniversary of the Project Completion Date than it had at the Project Completion Date and for the thirteen weeks thereafter, all as measured by the Department, then the Department will require immediate repayment of the pro rata amount, on the per job basis as calculated at the Project Completion Date, associated with that increment of new shortfall. iii. If the Business achieves its Job Creation and Retention Obligation as of the Project Completion D~.te and maintains that achievement level for thirteen (13) weeks past the Project Completion Date but fails to fulfill its Job Creation and Retention Obligation at the third (3rd) year anniversary of the Project Completion Date, the Department will require repayment of a percentage of the Loan proceeds. The Loan amount will be profeted between the. percentage of FTE Jobs created and retained and the percentage of shortfall as of the third (3rd) year anniversary of the Project Completion Date. The pro rata amount of the Loan associated with · CONTRACT NUMBER 94-PRO-01 Iowa City/National Computer Systems, Inc. PAGE 19 Redraft 12119/94 the percentage of shortfall will be amortized over three (3) years beginning at the third (3rd) year anniversary of the Project Completion Date at an annual interest rate as determined periodically by the IDED Board. (b) CONVENTIONAL LOANS. If the Corporation received a Loan at a rate that is below the annual interest rate for non-compliance as set periodically by the IDED Board, the remaining principal amount of the Loan may be prorated between the percentage of FTE Jobs created and the percentage of the sho~all. The shortfall principal portion may be amortized over the remaining term of the Loan, beginning at the Project Completion Date, at an annual interest rate as determined periodically by the IDED Board. Interest will be charged beginning from the date Loan proceeds were disbursed to the Community on behalf of the Business; interest accrued from this date will be due immediately. The pro rata portion of the Loan associated with the percentage of FTE Jobs created will be amortized at the original rate and term· (c) LOANS WITH A DEFERRED PAYMENT PERIOD. If the Corporation received a Loan at a rate that is below the annual interest rate for non-compliance as set forth periodically by the IDED Board, the remaining principal-amount of the Loan may be prorated between the pementage of FTE Jobs created and the percentage of shortfall. The shortfall principal portion will be amortized over the three (3) years beginning at the Project Completion Date at an annual interest rate as determined periodically by the IDED Board. Interest will be charged from the date Loan proceeds were disbursed to the Community on behalf of the Business; interest accrued from this date will be due immediately. The accomplished portion of the Loan will be left at the odginal rate and term. ARTICLE XI DISBURSEMENT PROCEDURES 11,1 REQUEST FOR REIMBURSEMENT, All disbursements of proceeds shall be subject to receipt by the Department of requests for disbursement submitted by the Community. Requests for disbursement shall be in form and content acceptable to the Department. 11.2 LIMIT ON LOAN PROCEEDS ON HAND, The Community and the Business shall request Project funds only as needed and shall not have more than five hundred dollars ($500.00) of Loan proceeds, including earned interest, on hand for a period of longer than thirty (30) days, after which time any surplus amount shall be returned to the Department. l · CONTRACT NUMBER 94-PRO-01 Iowa City/National Computer Systems, Inc. PAGE 20 Redraft 12/19194 ARTICLE Xll GENERAL TERMS AND PROVISIONS 12.1 BINDING EFFECT, This Loan Agreement shall be binding upon and shall inure to the benefit of the Department, Community and Corporation and their respective heirs, successors, legal representatives and assigns. The obligations, covenants, warranties, acknowledgements, waivers, agreements, terms, provisions and conditions of this Loan Agreement shall be jointly and severally enforceable agains! the parties to this Loan Agreement. 12.2 COMPLIANCE WITH LAWS AND REGULATIONS, The Community and Corporation shall comply with all applicable State and federal laws, rules (including the administrative rules adopted by the Department for the CEBA Program - 261 Iowa Administrative Code, chapter 22), ordinances, regulations and orders. 12.3 TERMINATION FOR CONVENIENCE. In addition to termination due to an Event of Default or nonappropriation of CEBA funds, this Loan Agreement may be terminated in whole, or in part, when the Deparbment, Community and the Corporation agree that the continuation of the Project would not produce beneficial results commensurate with the future disbursement of Loan funds. The Department, Community and Corporation shall agree upon the termination conditions. The Community and Corporation shall not incur new obligations after the effective date of the termination and shall cancel as many outstanding obligations as is reasonably possible. The Department will allow full credit to the Community or the Corporation for the Department share of the noncancellable obligations allowable under the Loan Agreement and properly incurred by the Community or Corporation prior to termination. 12.4 PROCEDURE UPON TERMINATION, If the Loan Agreement is terminated for convenience, an Event of Default or nonappropriation of CEBA funds, disbursements shall be allowed for costs up to the date of termination determined by the Department to be in compliance with this Loan Agreement. The Community and the Corporation shall return to the Department all unencumbered Loan proceeds within one (1) week of receipt of Notice of Termination. Any costs previously paid by the Department which are subsequently determined to be unallowable through audit, monitoring or closeout procedures shall be returned to theDepartment within thirty (30) days of the disallowance. 12.5 SURVIVAL OF AGREEMENT, If any portion of this Loan Agreement is held to be invalid or unenforceable, the remainder shall be valid and enforceable. The . CONTRACT NUMBER 94-PRO-01 Iowa City/National Computer Systems, Inc. PAGE 21 Redraft 12119194 proyisions of this Loan Agreement shall survive the execution of all instruments herein mentioned and shall continue in ~ull force until the Loan is paid in ~11. 12.6 GOVERNING LAW. This Loan Agreement shall be interpreted in accordance with the laws of the State of Iowa, and any action relating to the Loan Agreement shall only be commenced in the Iowa District Court for Polk County or the United States District Court for the Southern District of Iowa. 12.7 MOBIFICATION. This Loan Agreement may not be changed, waived, discharged or terminated orally, but only by a written document signed by the party against whom enforcement of the change, waiver, discharge or termination is sought. 12.8 NOTICES, Whenever this Loan Agreement requires or permits any notice or written request by one party to another, it shall be in writing, enclosed in an envelope, addressed to the party to be notified at the address heretofore stated (or at such other address as may have been designated by written notice), properly stamped, sealed and deposited in the United States Mail, as Certified Mail, Return Receipt Requested. Any such notice given hereunder shall be deemed delivered upon the earlier of actual receip~ or two (2) business days after posting. The Department may rely on the addresses of the Corporation, Business and Community set forth heretofore, as modified from time to time, as being the addresses of the Community, Corporation and Business. 12.9 INVESTMENT OF LOAN FUNDS, Temporarily idle Loan proceeds held by the Community or Corporation may be invested provided such investments shall be in accordance with State of Iowa law, shall be controlled by the Community or Corporation, and any interest accrued shall be credited to and expended o~ the Project prior to the expenditure of other Loan proceeds. All Loan proceeds remaining, including accrued interest, after all allowable Project costs have been paid or obligated shall be returned to the Department within thirty (30) days after the Project Completion Date. 12.10 RESOLUTION OF DISAGREEMENT, In the event of any disagreement between the parties to this Loan Agreement relating to the technical competence of the work and services being perfo. rmed and its conformity to the requirements of this Loan Agreement, the Department shall resolve the disagreement. The decision ofthe Department shall be binding on the Community and the Corporation. CONTRACT NUMBER 94-PRO-01 Iowa City/National Computer Systems, Inc. PAGE 22 Redraft '121'! 9~94 12.11 WAIVERS. No waiver by any party hereunder of any default hereunder shall operate as a waiver of any other default or of the same default on any future occasion. No delay on the part of any party hereunder in exercising any right or remedy hereunder shall operate as a waiver thereof. No single or partial exercise of any right or remedy by any party hereunder shall preclude future exercise thereof or the exercise of any other right or remedy. 12.12 LIMITATION. It is agreed between the Community and the Corporation that the Department shall not, under any circumstances, be obligated financially under this Loan Agreement except to disburse funds according to the terms of the Agreement. 12.13 ENFORCEMENT EXPENSES, The Corporation shall pay upon demand any and all reasonable fees and expenses of the Community and/or the Department, 'nclud'ng the fees and expenses of their attorneys, experts and agents, in connection with the exercise or enforcement of any of the rights of the Department and/or Community under the Loan Agreement. 12.14 HEADINGS. The headings in this Loan Agreement are intended solely for convenience of reference and shall be given no effect in the construction and interpretation of this Loan Agreement. 12.15 FINAL AUTHORITY. The Department shall have the final authority to assess whether the Corporation has met its Job Attainment Obligation and whether the Community and Corporation have otherwise complied with the terms of this Agreement. 12.16 INTEGRATION. This Loan Agreement contains the entire understanding between the Community, Corporation and the Department and any representations that may have been made before or after the signing of this Loan Agreement, which are not contained herein, are nonbinding, void and of no effect. None of the parties have relied on any such prior representation in entering into this Loan Agreement. ZJol CONTRACT NUMBER 94-PR0-01 Iowa City/National Computer Systems, Inc. PAGE 23 Redraft 12119~94 12.17 COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. IN WITNESS WHEREOF, the parties have executed this Loan Agreement on the latest day and year specified below. COMMUNITY: City of Iowa City Attorney for City of Iowa City Approved as to o~ and content. ~in~a Newman .o£to City Hall, 410 East Wash)ngton Iowa City, IA 52240 BY: DATE: DATE: Mayor S~~rowitz, Mayor ~ City Hall, 410 East Washington Iowa City, IA 52240 IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT: Michael E. Miller Bureau Chief David J. Lyons Director DATE: ~ --~/ -~- ~.9'-- Date: CORPORATION: National Computer Systems, Inc. Ru~,sell A. Gullotti, President & CEO 11000 Prairie Lakes Drive Eden Prairie, Minnesota 55344 Date: · Promissory Note 94-PRO-01 PAGE 24 A']=I'ACHMENT B1 PROMISSORY NOTE - CORPORATION IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT CEBA PROGRAM PROMISSORY NOTE Loan Number: 94-PRO-01 Des Moines, Iowa (City and State) $ 635.000 July 15. 1993 (Date) FOR VALUE RECEIVED, the undersigned (hereafter called the "Maker") promises to pay to the order of the City of Iowa City (hereafter called the "Payee"), at its office at City Hall, 410 East Washington. Iowa City, IA 52240 , or upon notice to the Maker, at such other place as may be designated from time to time by the holder, the principal sum of Six hundred thirty-five thousand ($635,000) dollars, at $i;~ percent [6%] interest to be paid as follows: A five-year $635,000 forgivable loan. There will be no principal or interest payments or accruals for years one and two. At the project completion date, if the Business has fulfilled at least 50% of its job creation and job retention obligation, $2,035 will be forgiven for each FTE job created, retained and maintained for at least ninety days past the project completion date. Any balance (shortfall) will be amortized over the remaining three years of the contract period (beginning at the project completion date) at six (6) percent interest per annum with equal annual payments. And, interest will be charged at six (6) percent per annum from the date of the first CEBA disbursement on the shortfall amount with that amount accrued as of the project completion date being due and payable immediately. And, further, the Department will at the end of the contract period determine the number of full-time equivalent jobs, and, if that number is less than the number at the project completion date, the Corporation will reimburse funds to the Department on the cost-per-job basis set out above. If the Business has failed to fulfill at least 50% of its job creation and job retention obligation, 100% of the CEBA award will be repaid as the .shortfall amount under the above-described terms and conditions. · Promissory Note 94-PRO-01 PAGE 25 1, Payments. All payments under the Note shall be applied in this order: (1) to interest, and (2) to principal. 2. Loan Agreement; Acceleration Upon Default, This Note is issued by Maker to evidence an obligation to repay a loan according to the terms of Loan Agreement # 94-PRO-01 of July 15, 1993 between the Payee and Maker and, at the election of the holder without notice to the Maker, shall become immediately due and payable in the event any payment is not made when due or upon the occurrence of any event of default under the terms of the Loan Agreement. 3. Reduced Amount, in the event the Maker fails to requisition and spend the full face amount of the Note as set out above, then the amount of each installment payment shall be reduced accordingly in equal amounts, 4. Waiver. No delay or omission on the part of the holder in exercising any right under this Note shall operate as a waiver of that right or of any other right under this Note. A waiver on any one occasion shall not be construed as a bar to or waiver of any right and/or remedy on any future occasion, 5. Waiver of Protest. Each maker, surety, indorser and guarantor of this Note, expressly waives presentment, protest, demand, notice of dishonor or default, and notice of any kind with.respect to this Note. 6. Costs of Collection. The Maker will pay on demand all costs of collection, maintenance of collateral, legal expenses, and attorneys' fees incurred or paid by the holder in collecting and/or enforcing this Note on default. 7. Meaning of Terms. As used in this Note, "holder" shall mean the Payee or other indorsee of this Note, who is in possession of it, or the bearer hereof, if this Note is at the time payable to the bearer. The word "Maker" shall mean each of the undersigned. If this Note is signed by more than one person, it shall be the joint and several liabilities of such persons. 8. Miscellaneous. The captions of paragraphs in this Promissory Note are for the convenience of reference only, shall not define or limit the provisions hereof and shall not h'ave any legal or other significance whatsoever. CORPORATION ADDRESS: National Computer Systems, Inc. 11000 Prairie Lakes Drive Eden Prairie. Minnesota 55344 ,6ORPORATIQN., , . Russell A. Gullotti, President & CEO ATTEST: J.W. F~nton, Jr., Secre.t~y and Treasurer ' .-- Promissory Note 94-PRO-01 PAGE 26 ATTACHMENT 82 PROMISSORY NOTE - COMMUNITY IOWA DEPARTMENT Of ECONOMIC DEVELOPMENT CEBA PROGRAM PROMISSORY NOTE Loan Number 94-PRO-01 Des Moines, Iowa (City and State) $ 635.000 July 15. 1993 (Date) FOR VALUE RECEIVED, the undersigned (hereafter called the "Maker") promises to payto the order of the State of Iowa, Department of Economic Development (hereafter called the "Payee"), at its office at 200 East Grand Avenue, Des Moines, Iowa 50309, or upon notice to the Maker, at such other place as may be designated from time to time by the holder, the principal sum of Six hundred thirty-five thousand ($635.000) dollare, at six pement [6%] interest to be paid as follows: A five-year $635,000 forgivable loan. There will be no principal or interest payments or accruals for years one and two. At the project completion date, if the Business has fulfilled at least 50% of its job creation and job retention obligation, $2,035 will be forgiven for each FTE job created, retained and maintained for at least ninety days past the project completion date. Any balance (shortfall) will be amortized over the remaining three years of the contract period (beginning at the project completion date) at six (6) pement interest per annum with equal annual payments. And, interest will be charged at six (6) pement per annum from the date of the first CEBA disbursement on the shortfall amount with that amount ao;rued as of the project completion date being due and payable immediately. And, further, the Department will at the end of the contract period determine the number of full-time equivalent jobs, and, if that number is less than the number at the project completion date, the Corporation will reimburse funds to the Department on the cost-per-job basis set out above. If the Business has failed to fulfill at least 50% of its job creation and job retention obligation, 100% of the CEBA award will be repaid as the shortfall amount under the above-described terms and conditions. -. Promissory Note 94-PRO-01 PAGE 27 1, Payments, All payments under the Note shall be applied in this order: (1) to interest, and (2) to principal, 2. Loan Agreement; Acceleration Upon Default. This Note is issued by Maker to evidence an obligation to repay a loan according to the terms of Loan Agreement # 94-PROo01 of July 15. 1993 between the Payee and Maker and, at the election of the holder without notice to the Maker, shall become immediately due and payable in the event any payment is not made when due or upon the occurrence of any event of default under the terms of the Loan Agreement. 3. Reduced Amount In the event the Maker fails to requisition and spend the full face amount of the Note as set out above, then the amount of each installment payment shall be reduced accordingly in equal amounts, 4. Waiver. No delay or omission on the part of the holder in exercising any right under this Note shall operate as a waiver of that right or of any other right under this Note. A waiver on any one occasion shall not be construed as a bar to or waiver of any right and/or remedy on any future occasion. 5. Waiver of Protest. Each maker, surety, indorser and guarantor of this Note, expressly waives presentment, protest, demand, notice of dishonor or default, and notice .of any kind with respect to this Note. 6. Costs of Collection. The Maker will pay on demand all costs of collection, maintenance of collateral, legal expenses, and attorneys' fees incurred or paid by the holder in collecting and/or enforcing this Note on default. 7. Meaning of Terms, As used in this Note, "holder" shall mean the Payee or other indorsee of this Note, who is in possession of it, or the bearer hereof, if this Note is at the time payable to the bearer. The word "Maker" shall mean each of the undersigned. If this Note is signed by more than one person, it shall be the joint and several liabilities of such persons. 8. Miscellaneous. The captions of paragraphs in this Promissory Note are for the convenience of reference only, shall not define or limit the provisions hereof and shall not have any legal or other significance whatsoever. COMMUNITY: ADDRESS: City of Iowa City City Hall. 410 East Washington Iowa City. IA 52240 J Susan H°r°witz, Ma~yor~.~) (Sign~ure of City Clerk) CEBA Name of Recipient City of Iowa City National Computer Systems, Inc. Program Year: 1994 IOWA CEBA RECIPIENT BUDGET SUMMARY PR0-94-01 ! PROJ~=CT DESCRIPTION PERFORMANCE TARGET · ~' . ' '' ...... , ~"' ~' , .... ,":~' .~ -".',' ,',. ~ .... ~ CEBA ............................ Foz'g:i. vab le . ' .... . , . · "" .. ':'"::.,.'. . '~'. .... .: '." ". . ."..' .: ".".."~. "~. . '. Loan Activity 1': Building Const=uction Job Attainment Goals Community Base 488 Retention 100 Creation 212 8OO Activity~2: ~ __j $635,000 AIIACHMENT A AMOUNT RECIP. FUNDS FUND! $5,985 $3,000 $805 $50,000 Traffic Sig $425,000 Sewer Improvemen~ $475,000 $9,790 Pu=chase o~ Machinery and Equipment I ~Activit. y.__3: _1 Furniture & Fixtures I A~_ct~vity B: j Norking Capita~ I Activity 5: _j ~269-0167 Total Amount of All Funds Budgeted $635,000 To be filled in by JDED Original Amendment # 3UDGETED INESS OTHER TOTAL 4DS 5,000 $100,000 Loan $6,720,000 IA-ILL Gas )0,000 $3,000,000 i,000 $805,000 ,zat±o $920,000 Job $~,395,00 nts Training ,000 ~1,020,000 $~1,920,00~ "-CEBA ATTACHMENT 8 Name of Recipient City of Iowa City National Computer 'Systems, Inc. IOWA CEBA RECIPIENT PROGRAM SCHEDULE PROJECT ACTIVITY: Forgivable Loan to City o£ Iowa City £or National Computer Systems, Inc, Milestones: I. BUILDING CONSTRUCTION 2. PURCHASE OF MACHINERY & EQUIPMENT 3. FURNII~JRE & FIXTURES 1993 1994 1st QTR. 2nd OTR. 3rd QTR'. qth QTR. d A S 0 N O d F M A M d WORKING CAPITAL JOB CREATION GOALS e Forgivable Loan to City of Iowa City for Nationai Computer Systems, Inc,. Milestones: 1. BUILDING CONSTRUCTION PURCHASE OF MACHINERY & EQUIPMENT FURNITURE & FIXTURES WORKING CAPITAL 212 Jobs JOB CREATION ~OALS By 7/1/95 6. Traffic Signalizatton 7. Sewer Improvements 1994 1995 5th QTR. 6th QTR. '7th QTR. 8th QTR. ' -"~-; .....~' ' ,'"'~i ,,,'" -"~'T~ ...... X 269-0168 qal