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HomeMy WebLinkAbout1999-07-13 ResolutionRESOLUTION NO. 99-228 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: Vito's - 118 E. College Street Greenroom - 509 S. Gilbert Street It was moved by Thornberry and seconded by as read be adopted, and upon roll callthere were: Norton that the Resolution AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Passed and approved this 13th day of ATTEST: C~ City Attorney's Office a\danceprm.res Prepared by: Daniel Scott, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO. 99-229 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY TRANSIT FACILITY METHANE ABATEMENT PROJECT, PHASE I, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION· BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: A public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 27th day of July, 1999, at 7 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named proposal in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. A copy of the plans, specifications, form of contract, and estimate of cost of the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection, Passed and approved this 13th day of July , 1999. ATTEST: CiT~y~LERK ~. City Attorney's Office pweng\res\transit.doc Resolution No, 99-229 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: Norton the Resolution be AYES: NAYS: ABSENT: X X X X X X X Champion Kub_by Lehman Norton O'Donnell Thornberry Vanderhoef 07-t3-g~ "'] 3e(2) Prepared by: Jim Brachtel, Senior Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356-5149 RESOLUTION NO. 99-230 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 1999 HIGHWAY TURNLANE IMPROVEMENT PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 27th day of July, 1999, at 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named proposal in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 13th day of July ,1999. ATI'EST:C~/~- City Attorney's Office pweng\res\turnlane.doc Resolution No. 99-230 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: X X X X X X X the Resolution be Champion Kub.by Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Liz Osborne, Housing Rehab., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 99-231 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A RENTAL REHABILITATION LIEN FOR THE PROPERTY LOCATED AT 215 IOWA AVENUE, IOWA CITY, IOWA WHEREAS, on December 6, 1988, the owners of 215 Iowa Avenue executed a Rental Rehabilitation Lien in the form of a ten-year depreciation loan through the City's Rental Rehabilitation Program for the amount of $9,155; and WHEREAS, this document created a lien against the property; and WHEREAS, the terms of the note were satisfied on June 6, 1999; thus WHEREAS, the lien needs to be released. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 215 Iowa Avenue, Iowa City, Iowa from the Rental Rehabilitation Lien recorded on December 16, 1988 Book 1039, Page 265 through Page 267 of the Johnson County Recorder's Office. Passed and approved this 13 th day of ATTEST:Ci~L,~ERK, _.) 9~- ff.~.-',_.~2 July ,19 99 Approved by City Attorney's Office It was moved by Thornberry adopted, and upon roll call there were: AYES: X X X X X X X and seconded by NAYS: Norton the Resolution be ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef ppdcdbg/res/215iowa.doc Prepared by: Liz Osbome, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 215 Iowa Avenue, Iowa City, Iowa, and legally described as follows: Commencing at a point 140 feet east of the nodhwest corner of Block Sixty-six (66) in Iowa City, Iowa, according to the recorded plat thereof, thence east 20 feet, thence south 150 feet to the alley, thence west 20 feet, thence north 150 feet to the place of beginning. Also described as commencing at the northwest corner of Lot Four (4) of said Block Sixty-six (66), thence north along the east side of Dubuque Street 160 feet, thence east along the south side of Iowa Avenue 140 feet to the point of beginning, thence east 20 feet, thence south 150 feet, thence west 20 feet, thence north 150 feet to the place of beginning, from an obligation of the owners, Plum Grove Acres (Bruce Glasgow, Frank Boyd, John Rummelhart and Jim Glasgow), to the City of Iowa City in the principal amount of $9,155 represented by a Rental Rehabilitation Lien in the form of a ten-year depreciation lien recorded on December 16, 1988 in Book 1039, Page 265 through Page 267 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recor~_f.~~ ~{- Z::~d,.,A.,. ;MAYOR ATTEST: Ci-i~~E RK~ ~' ~ Approved by City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this /5~ day of , A.D. 19 eq , before me, the undersigned, a Notary Public in and for said C~'unty, in said State, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being by me duly swom, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authodtyfoz_f its City~Council, as contained in Resolution No. ~--ZS[ , adopted by the City Council on the/,5 day , 19 q? and that the said Ernest W. Lehman and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ppdcdbg/215k:N, ra.doc Prepared by: Liz Osborne, Housing Rehab., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 99-232 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A RENTAL REHABILITATION LIEN FOR THE PROPERTY LOCATED AT 1900-1902 MUSCATINE AVENUE, IOWA CITY, IOWA WHEREAS, on December 22, 1988, the owners of 1900-1902 Muscatine Avenue executed a Rental Rehabilitation Lien in the form of a ten-year depreciation loan through the City's Rental Rehabilitation Program for the amount of $10,250; and WHEREAS, this document created a lien against the property; and WHEREAS, the terms of the note were satisfied on June 22, 1999; thus WHEREAS, the lien needs to be released. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 1900- 1902 Muscatine Avenue, Iowa City, Iowa from the Rental Rehabilitation Lien recorded on December 29, 1988 Book 1041, Page 109 through Page 111 of the Johnson County Recorder's Office. Passed and approved this ATTEST:Ci~bL-4~ ~ Approved by ~. ~L/',:~,d..-/ City4~'~o,~tt~or/nn,,~y,sOffic~/~/~e(''''i~'3r~'' It was moved by Thornberry adopted, and upon roll call there were: AYES: X X X X X X ppdcdbg/res/1900-02muscatine.dXoc and seconded by NAYS: Norton the Resolution be ABSENT: Champion Kubby Lehman Nodon O'Donnell Thornberry Vanderhoef Prepared by: Liz Osbome, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 1900-1902 Muscatine Avenue, Iowa City, Iowa, and legally described as follows: The South half of Lot 5 in Block 35, in East Iowa City, Johnson County, Iowa, according to the recorded thereof. Said property also being described as: The South Sixty (60) feet of Lot Five (5) in Block Thirty Five (35), in East Iowa City, Johnson County, Iowa, according to the recorded plat thereof. from an obligation of the owners, Phillip and Karen Reisetter, to the City of Iowa City in the principal amount of $10,250 represented by a Rental Rehabilitation Lien in the form of a ten- year depreciation lien recorded on December 29, 1988 in Book 1041, Page 109 through Page 111 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded doc ments. ATTEST: ~~/. 2/F/,~=~) CITY ~RK Approved by City Attozr~ey's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) Onthis /5eL dayof "'~'~l ,A.D. 19 ~ ,beforeme, theundersigned, a Notary Public in and for said Cou~'ty, in said State, personally appeared Ernest W. Lehman and Madan K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority2_~ its City~_.,Council, as contained in Resolution No. ~ff-Z~Z~ adopted by the City Council on the/-~ day ,3 - ~ , 19 '~? and that the said Ernest W. Lehman and Maria~ ~.. R'arr as suclZ'officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ppdcdbg/1900-02muscathe.doc Prepared by: Liz Osbome, PPDCDBG Rehab, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 99-233 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO AI'I'EST THE RELEASE OF A LIEN REGARDING A RENTAL REHABILITATION LIEN FOR THE PROPERTY LOCATED AT 711 EAST BLOOMINGTON STREET, IOWA CITY, IOWA WHEREAS, on November 12, 1992, the owners of 711 East Bloomington Street executed a Rental Rehabilitation Lien in the form of a ten-year depreciation loan through the City's Rental Rehabilitation Program for the amount of $7,614.54; and WHEREAS, this document created a lien against the property; and WHEREAS, the balance of the note was paid off on July 7, 1999; thus WHEREAS, the lien needs to be released. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 711 East Bloomington Street, Iowa City, Iowa from the Rental Rehabilitation Lien recorded on November 13, 1992 Book 1463, Page 293 through Page 295 of the Johnson County Recorder's Office. Passed and approved this 13th day Of ~~r-/4). ~/~,~'~- ~. ""- City A~orney's Office ppdrehab\res\711 eblom .doc Prepared by: Liz Osbome, CD Division, 410 E. Washington St., Iowa City, IA 52240 {319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 711 East Bloomington Street, Iowa City, Iowa, and legally described as follows: The West 40 feet of Lot 3 in Block 17 in Iowa City, Johnson County, Iowa, as per the recorded plat thereof, from an obligation of the owners, Mary E. and Howard E. Villhauer, to the City of Iowa City in the principal amount of $7,614.54 represented by a Rental Rehabilitation Lien in the form of a ten-year depreciation lien recorded on November 13, 1992 in Book 1463, Page 293 through Page 295 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded documents. MAYOR ATTEST:CiT2~~ ~ ~ City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this k.-3~' day of -.~'~t~ , A.D. 19 q~ , before me, the under- signed, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. ?~]-Z;~5' , adopted by the City Council on the /3 ~ day ~ ~';',, t,, , 19 ~ and that the said Ernest W. Lehman and Madan K. Karr as such ~t~ficers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ppdrehab\711Ebloom.rel Notary Public in and for Johnson County, Iowa Prepared by: Maggie Grosvenor, Hsg. Administrator, 410 E. Washington St., Iowa City, IA 52240; 319-356-5400 RESOLUTION NO. 99-234 RESOLUTION ESTABLISHING MAXIMUM RENTS FOR PUBLIC HOUSING UNITS OPERATED BY THE IOWA CITY HOUSING AUTHORITY, PUBLIC HOUSING PROGRAM WHEREAS, the City of Iowa City provides Public Housing to income eligible families, and; WHEREAS, Public Housing tenants must be given a choice of income based rent or a consistent flat rent and; WHEREAS, THE Department of Housing and Urban Development per the Quality Housing and Work Responsibilities Act of 1998 requires the PHA to establish flat rents for Public Housing units based on the current rental value. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that flat/ceiling rents be established for all units of Public Housing equal to the average rental survey of comparable units and adjusted annually by the Department of Housing and Urban Development published Fair Market Rents (FMR). Passed and approved this 13th day of ATTEST:C~ ~- July ,19 99 E,1AyOR· · ~.-~, City Attorneys Office It was moved by Thornberry adopted, and upon roll call there were: and seconded by Norton AYES: NAYS: ABSENT: X X X X X X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef the Resolution be hisasstVesVnaxrent. doc 07-'13-99 5h Prepared by: Melody Rockwell, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240; 319/356-5251 RESOLUTION NO. 99-235 RESOLUTION APPROVING THE EXTRATERRITORIAL PRELIMINARY PLAT OF MILDER MEADOWS, A RESUBDIVISION OF LOT I OF MILDER'S SUBDIVISION AND AUDITOR'S PARCEL B IN THE WEST ~,~ OF SECTION 17-T79N--R5W OF THE 5TM P.M., JOHNSON COUNTY, IOWA, A 47.69-ACRE, THREE-LOT RESIDENTIAL SUBDIVISION WITH ONE AGRICULTURAL OUTLOT LOCATED ON THE NORTH SIDE OF AMERICAN LEGION ROAD ONE-HALF MILE EAST OF TAFT AVENUE. WHEREAS, Gerald J. Milder and Pauline F. Milder, filed with the City Clerk of Iowa City, Iowa, as owners of Auditor's Parcel B and on behalf of Kenneth P. Saylor, Jr. and Neana M. Saylor, owners of Lot 1 of Milder's Subdivision, an application for approval of the preliminary plat of Milder Meadows, A Resubdivision of Lot 1 of Milder's Subdivision and Auditor's Parcel B in the West '~ of Section 17-T79N-R5W of the 5~h P.M., Johnson County, Iowa; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with the policies set forth in the Johnson County - Iowa City Fringe Area Agreement as well as the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The preliminary plat of Milder Meadows, A Resubdivision of Lot 1 of Milder's Subdivision and Auditor's Parcel B in the West '~ of Section 17-T79N-R5W of the 5th P.M., Johnson County, Iowa, is hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this 13th day of Ju]y ,1999· ATTEST:C~ ppdadm/resJmildets.doc A ovedb~. _ Resolution No, 99-235 Page 2 It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: Thornberry the Resolution be AYES: NAYS: ABSENT: X X Champion Kub~y, Lehman Norton O'Donnell Thornberry Vanderhoef STAFF REPORT To: Planning & Zoning Commission Item: SUB99-0003. Milder Meadows, A Resubdivision of Lot 1 of Milder's Subdivision and Auditor's Parcel B in the West ~ of Section 17-T79N-R5W of the 5th P.M., Johnson County, Iowa Prepared by: Melody Rockwell Date: July 1, 1999 GENERAL INFORMATION: Applicants & property owners: Contact person: Requested action: Purpose: Location: Property size: Existing land use and zoning: Gerald J. and Pauline F. Milder 4872 American Legion Road SE Iowa City, IA 52240 Phone: 351-6261 Kenneth P. Jr. and Neana M. Saylor 4860 American Legion Road Iowa City, IA 52240 Phone: 351-1690 Douglas D. Ruppert, Attorney 122 S. Linn Street Iowa City, IA 52240 Phone: 338-9222 Glenn Meisner MMS Consultants 1917 S. Gilbert Street Iowa City, IA 52240 Phone: 351-8282 Preliminary plat and final plat approval To establish a three-lot residential subdivision with one agricultural outlot Y2 mile east of Taft Avenue on American Legion Road 47.69 acres Residential/agricultural; RS/A 1 Surrounding land use and zoning: Comprehensive Plan: Applicable Code requirements: File date: 45-day limitation period: North: East: South: West: Agricultural; A1 Agricultural; A1 Agricultural/residential; A 1/RS Agricultural/residential; A 1/RS Comprehensive Plan designation within the Johnson County/Iowa City Fringe Area Agreement for Fringe Area B: agricultural uses preferred 14-7, Land Subdivisions June 15, 1999 July 30, 1999 BACKGROUND INFORMATION: The applicants, Gerald and Pauline Milder & Kenneth and Neana Saylor, are requesting approval of a preliminary plat and a final plat for Milder Meadows, a Resubdivision of Lot 1 of Milder's Subdivision and Auditor's Parcel B in the West Y2 of Section 17-T79N-R5W of the 5th P.M. Johnson County, Iowa, a 47.69 acre, three lot residential subdivision with one agricultural outlot. The Milders currently own all the land in the proposed subdivision, except for Lot 1, Milder's Subdivision, a 4.29-acre parcel owned by Kenneth and Neana Saylor. An existing residence is located on each of the three lots. Lots 1 (1.97 acres) and 2 (1 acre) of the proposed subdivision were recently rezoned from A1 (Rural) to RS (Suburban Residential), and Lot 3 (5.89 acres) is zoned entirely A1 and includes Lot 1, Milder's Subdivision, which was created as part of a 1982 farmstead split. Outlot A is 38.83 acres in size and is designated on the plat to be used for agricultural purposes only. The application now being proposed to the Planning and Zoning Commission is an amendment to the preliminary and final plat for Milder Meadows, a two-lot residential subdivision with one agricultural outlot, which was recommended for approval by the Commission on March 18, 1999. The plat was never acted upon by the City Council, because the Milders were not able to secure an off-site access easement agreement from adjoining property owners. The current subdivision proposal is apparently an acceptable compromise to the parties concerned. In exchange for increasing the size of the Saylors' lot by adding approximately two acres of property from the farm field on the north side of their lot, an access easement of a little more than one-half acre (.55 acre) will be secured within the subdivision. ANALYSIS: Fringe Area Policy. The Milder/Saylor properties are situated within the two-mile extraterritorial area (Fringe Area B) east of Iowa City that is governed by the Johnson County/Iowa City Fringe Area Agreement. The Fringe Area Agreement provides that land outside of the City's growth area in Fringe Area B must conform to Rural Design Standards. The 40-foot wide farm lane easement does not meet the rural design standards for streets, but should be sufficient to serve as a private drive for the primarily agricultural use of this property. The Fringe Area Agreement also specifies that agricultural uses are preferred on land that is located outside the City's projected growth area. To be consistent with that policy, the nearly 40 acres of land in Outlot A, which has a high Corn Suitability Rating (CSR), should be maintained as agricultural land. To that end, a restrictive covenant should be made part of the legal papers for this subdivision to limit the use of Outlot A to agricultural purposes. Both the preliminary plat and the final plat contain a notation that "Outlot A is to be used for agricultural purposes only." Conformance with Subdivision Regulations. The subdivision is a minor one. The existing situation will remain as it is: three residential lots and a farm field. No grading is required. No changes in utilities, access points or in the intensity or type of use will take place as a result of the proposed subdivision. The proposed preliminary plat and the final plat are in general conformance with the City's subdivision regulations. The plats have been reviewed by Public Works, and the deficiencies and discrepancies noted by staff have been resolved. The only legal papers required by the City for this subdivision include an access and utility easement agreement and a covenant restricting the use of Outlot A to agricultural purposes only. These papers must be submitted to the City Attorney's Office for review and approval. STAFF RECOMMENDATION: Staff recommends that SUB99-0003, a preliminary plat and final plat of Milder Meadows, a Resubdivision of Lot 1 of Milder's Subdivision and Auditor's Parcel B in the West Y2 of Section 17-T79N-R5W of the 5th P.M., Johnson County, Iowa, be approved, subject to review and approval of an access and utility easement agreement and a convenant restricting the use of Outlot A to agricultural purposes. ATTACHMENTS: 1. Location Map 2. Plats Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development CO o III I · 0 0 I _ I I " ' - .. SECTION CORNER 5/8"P1/4 ,/CAP =AlL ;~'4: ~,. APPROVALS Sh0emake' and Caretviii® :. - Cedar Rapids :f s::,: 5E 1-4 S:~; 1/4 t. ., :~':r.::; ;'. 'r, .-.':. rl:r.:. ',:z'14~' '.'.'..:'.,i nail on the west line of s,,id SE 1/4 5'~ 1'4~ line of Sa~d SE 1/4 5W i '4 to a 5,'8" r,.-:,ar; thence S 0' 06' W, 452.00 fe. ct to the point of Begxnninq- el -~'ay. ] hereby ccrtzfy that dursnc. F,+.hruary, lq6l at the d'.rdctior. of H~lclel, I surveyed this pazcel and prep~reJ thzs plat and that ~egistered ~nd Surveyor utter the )aws oJ the State of Iowa. ~ 8~9~ _D ..... - ....... ~onas Anth , . ~e~. ~o; hj ~day of ~ -- _ , ~. ublic Itst~e / I o, I ', PRELIMINARY AND FINAL PLAT I"= I00' FARMSTEAD SPLIT ~r°Jec~ILDER'S SUBDIVISION 81010 I S~1/4, $wI/4-$ECTION RECEIVED JUN 2 4 1999 P,C.D. DEPARTMENT T PREPARED BY: MMS CONSULTANTS 1917 S. GILBERT ST. IOWA CITY. IOWA 52240 (31B) 351-8282 MILD~ALM~L~TDOWS A RE;SUBDiVISION OF LOT 1 OF MILDER'S STJBDM SION AND JOHNSON COUNTY. IOWA ..:::, .........F,.,.,. -, -'::" I "',,,. ...'7 ..... ....'/:." I ",.\,~ / ' ', ~,,'.o. ,,,.,. ,,o'~. OUTLOT A AREA = 38.83 ACRES 0UTLOT A TO BE USZD FOR AGRICULl%.IRAL I=URPOSES ONLy F' RECEIVED dUN 2 4 1999 PC.D, DEPARTMENT T A RESUBDM SION OP [X)'I' 1 O)' MILDER'S SUBDM~ION k,ND JOHNSON COUN'~'Y, IOWA ,...~:... ".... OUTLOT A I ...... / AREA = ,,. ....... 38.83 ACRES ~&; ^ ,..~ ~. ~= ~ ,.~ ............ ) / ...... I / ...-.' .... .... ~ '~~- ........... "..~. ~ lOCATION ~ NOt 'to ~CA~ _ LOT Prepared by: Terry Trueblood, Director, Parks and Rec, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5110 RESOLUTION NO. 99-236 A RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE RIVERSIDE FESTIVAL STAGE IN CITY PARK PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE PARKS AND RECREATION DIRECTOR TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 27th day of July, 1999, at 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa, or, if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. That a copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 13th day of ATTEST: It was moved by Thornberry and upon roll call there were: and seconded by Vanderhoef the Resolution be adopted, AYES: NAYS: X ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Terry Trueblood, Director, Parks and Rec, 410 E, Washington St., Iowa City, IA 52240 (319) 356-5110 RESOLUTION NO. 99-237 A RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE OAKLAND CEMETERY PHASE I EXPANSION PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE PARKS AND RECREATION DIRECTOR TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 27th day of July, 1999, at 7:00 p.m, in the Council Chambers, Civic Center, Iowa City, Iowa, or, if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. That a copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection· Passed and approved this ATTEST: City Attorney's Office It was moved by Norton and upon roll call there were: and seconded by Thornberry the Resolution be adopted, AYES: X X X ~rksrec~s~a~a~2.d~ NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Daniel Scott, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO. 99-238 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE'1999 SANITARY SEWER REHABILITATION PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 17TM day of August, 1999, or at a later date as determined by the Director of Public Works or designee, with notice of said later date to be published as required by law. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Council hamb rs ~ ~ ~ day of August, · C e , C'v'c Center, Iowa City, Iowa, at 7:00 p.m. on the 24 h 1999, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Passed and approved this 13th day of July ,1999. City Attorney's Office pweng\masters\99sanswr.res Resolution No. 99-238 Page ? It was moved by Kubb~' and seconded by adopted, and upon roll call there were: Tho~'nberr~, the Resolution be AYES: NAYS: ABSENT: Champion Kub.bY Lehman Norton O'Donnell Thornberry Vanderhoef L 0 7-13-99 11 Prepared by: Rick Fosse, City Engineer, 410 E. Washington St., Iowa City, IA 52240-(319)356-5141 RESOLUTION NO. 99-239 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND BRIAN CLARK AND ASSOCIATES OF DES MOINES, TO PROVIDE CONSULTANT SERVICES FOR THE DESIGN OF THE IOWA AVENUE STREETSCAPE PROJECT. WHEREAS, the City of Iowa City desires to improve the Iowa Avenue Streetscape from Clinton Street to Gilbert Street; and WHEREAS, the CITY desires the services of a consulting firm to prepare final design work, construction plans, specifications, and bidding phase services for the Iowa Avenue Streetscape Project all of which shall be called the PROJECT; and WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services with Brian Clark and Associates of Des Moines, to provide said services; and WHEREAS, it is in the public interest to enter into said Consultant Agreement with Brian Clark and Associates. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement. Passed and approved this 13th day of Jul. , 1999. ATTEST: C~ City Attorney's Office pweng\res\clark .doc Resolution No. 99-239 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: O' Donnel 1 the Resolution be AYES: NAYS: ABSENT: X X X X X X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef DESIGN SERVICES AGREEMENT THIS AGREEMENT, made and entered into this ~ '~ day of ~L ~ /~2~. by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the ~ity and Brian Clark and Associates (BCA), of Des Moines, Iowa, hereinafter referred to as the Consultant. WHEREAS, the City desires the services of a consulting firm to prepare final design work, construction plans, specifications, and bidding phase services for the Iowa Avenue Streetscape Project. NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. I. SCOPE OF SERVICES Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. iOWA AVENUE STREETSCAPE WORK PROGRAM FOR TWO PHASES OF CONSTRUCTION A. STREETSCAPE FINAL DESIGN DEVELOPMENT The specific, detailed elements of the Iowa Avenue Streetscape Plan, as adopted by the City Council, will be further refined to facilitate preparation of the construction documents and more accurate cost estimating. Design Development will also include written recommendations for a successful Public Relations Campaign, provisions to allow Public Arts Advisory Committee participation in the design of applicable streetscape elements, and Design Coordination for the Gilbert Street Storm Sewer Replacement Project. Two technical review meetings with City and University Staff will be required during this process. BCA will also address the City Council with an update of the refinements toward the end of this stage. A survey of existing vaults in the corridor will also be included in this phase. B. CONSTRUCTION DOCUMENTS, PLANS AND SPECIFICATIONS for IOWA AVENUE and BEER CREEK STORM SEWER Prepare final plans and specifications for the implementation of the streetscape design improvements utilizing survey base data, benchmarks and control points prepared by others and supplied by the City. Construction documents will include: Cover / Title Sheet Prepare a cover plan sheet for the plan set. The cover sheet will be in a format suitable to the City and will include the following: project title, sheet index, city name, certifications, location map and legend. Tabulation of Estimated Quantities and Construction Notes Prepare a plan or plans indicating in tabular format the final bid items, quantity, size, etc. to be included in the project and a listing of key general construction notes including a tabulation of bench marks and control points. Construction Staging, Sequencing and Traffic Control Plans This item consists of design and drafting of a plan or plans indicating the recommended project staging and sequencing of construction. Minimizing disturbance to businesses and the general public will be a key element in generating these plans. Demolition / Removal Plans Prepare final plans showing existing project area conditions at a scale of 1": 20' and indicating by notes and symbols the items to be removed, salvaged and / or protected. Layout Plans Prepare final layout plans at a scale of ].": 20' indicating the proposed location to the nearest tenth of a foot of the proposed streetscape elements. Grading Plans Prepare final grading plans at a scale of :[": 20' indicating the propo.sed location to the nearest tenth of a foot of the proposed street and sidewalk elevations. Utility Plans Prepare final utility plans at a scale of 1": 20' indicating the proposed location of the proposed storm sewer, sanitary sewer, and water main utilities. Construction Details Prepare enlarged detail drawings in plan, cross section and / or isometric view to illustrate and explain the installation, fabrication and construction of the proposed project elements. Electrical Plans and Details This will consist of the design and preparation of plans and details for a new pedestrian lighting system, exterior receptacles, accent landscape lighting, kiosks and posting pillars. Planting Plans Prepare plans illustrating the design and placement of new plantings (shade trees and shrubbery) with plant lists indicating plant species, size, quantity and root type. Project Manual Prepare a Project Manual for the project including notice of hearing and bid advertisement, instructions to bidders, bid forms, bond forms, construction contract forms, general conditions of the construction contract, supplementary general conditions and detailed, special provisions to the latest edition of the Iowa Department of Transportation Standard Specifications for Highway and Bridge Construction. The City's standard format "front end" documents will be used. The City will provide a sample on 3.S-inch diskette in Microsoft Word 97. Technical review meetings with City and University staff will be held during this process at the 50%, 75%, 90%, and 100% completion stages. BCA will conduct several electrical system design review meetings with City staff, University staff and the public utility companies. BCA will facilitate a public review session of the 90% plan improvement package. This could be done as either a formal presentation or informally as a public "open house". C. LETtiNG SERVICES - PHASE ONE AND PHASE TWO Printing This task will consist of plotting and delivering of one complete mylar set of construction drawings of the bid package for the City to print and distribute to the prospective contractors and the printing and delivery of one loose copy of the project manual. Notice of Project BCA will assist in the preparation of the advance notice to bidders, formal notices of hearing and letting. Publication costs shall be borne by the City. A list of possible bidders will be provided to the City. Contractor Ouestions and Addenda BCA will be available to answer questions from contractors prior to the letting and shall prepare addenda as appropriate to interpret, clarify or expand the bidding documents. BCA will facilitate a pre-bid meeting in Iowa City for the Project. Letting Bid Tabulation and Award Recommendation BCA will tabulate the bids for the City, advise the City on the responsiveness of the bidders and assist the City in making the award of contract. After the award is. made, BCA will assist in assembling the contract documents for the project included herein. D. PRO3ECT DELIVERABLES Iowa Avenue Streetscape construction documents including mylar plan set, project manual and electronic master drawing files. Final itemized landscape architects estimates of construction costs for each of the two phases of construction. Project Meeting and Presentations consisting of the following: Two technical review meetings and one City Council meeting during design development, consisting of two trips to Iowa City. Three technical review meetings' and one public review meeting during final design, consisting of three trips to :Iowa City. One public hearing meeting, consisting of one trip to Iowa City. One pre-bid meeting, consisting of one trip to :Iowa City. II. FEES Basic Services, as outlined in items I.A-C, shall be compensated on an hourly basis, not to exceed Three Hundred Sixty Five Thousand Dollars ($365,000.00). Reimbursable expenses are included in the fee and are outlined on attached Exhibit A. This fee is based on a construction budget of $3.0 million. III. TIME OF COMPLETION BCA will prepare the work described herein per the following approximate timetable: Begin Design Development 3uly 15, 1999 Complete Design Development August 30~ 1999 Complete Final Plans 100% 3anua~ 1, 1999 IV. EXCLUSIONS A. Architectural services. B. Architectural standards for storefronts. C. Construction observation. GENERAL TERMS The Consultant shall not commit any of the following employment. 'practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, sexuaI orientation or gender identity. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, sexual orientation or gender identity. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "hourly not to exceed" amount listed in Section III. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. It is further agreed that no Part to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. At the request of the City, the Consultant shall attend such meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. The consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. The consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies for the Consultant's own filing use. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the :Iowa Code prohibits a City officer of employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions to the City in the sum of $:~,000,000. Ernest W. Lehman, Mayor Attest: M~City Clerk City Attorney's Office ;~1~-99 MON 9:B1PM B C A .... ~AX NO. 1 515 288 8~59 P. 5 EXHIBIT A Brian Clark and associates STANDAF~D HOURLY RATES Principal ..........................................................................................................$80.00 per hour Project Landscape Architect. tll ......................................................................$6e.00 per hour Project Landscape Architect II .......................................................................$56.00 per hour Project Landscape Architect I ........................................................................$52,00 per hour Landscape Arehltect intern Ill ........................................................................$48,00 per hour Landscape Architect Intern II .........................................................................$44.00 per hour Landscape Architect intern I ..........................................................................$40.00 per hour Clerical Staff ....................................................................................................$32,00 per hour R_,,EIMBURS~BLEEXPENSES Filing Fees .......................................................................................................1.15 X cost Film and Rim Processing ...............................................................................1.15 x cost Long Distance Telephone Calls .....................................................................1.15 x cost Materials and Supplies ..................................................................................:1.~15 x cost Meals and Lodging .........................................................................................1.15 x cost Mileage ............................................................................................................$.32 per mite Photocopies ....................................................................................................$.05 each Postage ...........................................................................................................1.::L5 x cost Printing ............................................................................................................1.15 x cost Plotting ............................................................................................................$20.00 Disket(es .........................................................................................................1.15 x cost Effective 1/1/98 07-'13-99 12 Prepared by: Rob Winstead, Sr. Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5145 RESOLUTION NO. 99-240 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND TERRACON OF CEDAR RAPIDS, IOWA TO PROVIDE TESTING SERVICES DURING CONSTRUCTION OF THE IOWA AVENUE MULTI-USE PARKING FACILITY PROJECT. WHEREAS, the City of Iowa City has awarded a construction contract for construction of the Iowa Avenue Multi-Use Parking Facility Project ("Project"); and WHEREAS, it is desirable for Terracon to provide construction testing services during the Project; and WHEREAS, an Agreement for testing services has been negotiated with and executed by Terracon of Cedar Rapids, Iowa; and WHEREAS, this City Council has been advised and does believe that it would be in the best interest of the City of Iowa City, Iowa, to enter into said Agreement with Terracon. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT the Consultant Agreement by and between the City of Iowa City, Iowa, and Terracon for the provision of testing services, attached hereto and made a part hereof, is in the public interest, and hereby approved as to form and content. AND BE IT FURTHER RESOLVED THAT the Mayor and City Clerk are hereby authorized and directed to execute and attest, respectively, said Agreement for and on behalf of the City of Iowa City° Passed and approved this ATTEST: C I~'~L~R~~K 13th day of Jul ~ ,19 99 City Attorney's Office It was moved by Thornberry adopted, and upon roll call there were: AYES: X X X X X X pwengVesVnultuse2.doc and seconded by NAYS: X 0' Donnel 1 the Resolution be ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef CONSULTANT AGREEMENT IOWA AVE. MULTI-USE PARKING FACILITY ON-SITE OBSERVATION AND TESTING SERVICES THIS AGREEMENT, made and entered into this 13th day of July ,1999, by and between the City of Iowa City, Iowa, a municipal Corporation, hereina~er referred to as the CITY and Terracon, Inc. of Cedar Rapids, Iowa, hereinafier referred to as the CONSULTANT. WHEREAS, the City of Iowa City, Iowa is desirous of obtaining the services of an engineering consulting firm to provide construction observation and testing services; and WHEREAS, the City of Iowa City has negotiated an agreement with Termcon, Inc. to provide said services, NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO that the CITY does now contract with the CONSULTANT to provide construction observation and testing services for the Iowa Avenue Multi-Use Parking Facility. Services to be provided are as follows: ARTICLE I RELATIONSHIP OF THE PARTIES 1.1 CITY AND CONSULTANT The CONSULTANT shall act as the CITY's agent in providing construction observation and testing services as described hereina~er. The CONSULTANT and CITY shall perform their respective responsibilities as stated in this AGREEMENT and each accepts and will continue the relationship of trust and confidence which has been previously established, and is further set down in this AGREEMENT. 1.2 STANDARD OF CARE The CONSULTANT covenants with the CITY to furnish its professiona ' eering skill tl I reasonable ~re to effect requirements of appli~ble laws, roles, regulations, and thk vadous Project runstraction mntrads. The CONSULTANT ~venants with the CI~ to use its best eftotis in furnishing ~ns~ction obse~ation and testing seNices ~nsistent with the Cl~s interests. As used in this AGREEMENT, the term "best effo~s" shall require the CONSULTANT to act in an expeditious, prudent and diligent manner. 1.3 CONSULTANT RELATIONSHIP WITH CONSTRUCTION CONTRACTOR(S) The CITY will enter into a contract for the construction of the Project. The CONSULTANT shall endeavor to maintain a working relationship with the contractor on behalf of the CITY. However, nothing in this AGREEMENT shall be construed to mean the CONSULTANT assumes any of the contractual or customary responsibilities or duties of the various Contractors. '"Contractor' may be used in this Agreement to refer to one or more contractors. 1.4 SITE SAFETY The City acknowledges that this AGREEMENT is for construction observation and testing services. It is understood that CONSULTANT will not be responsible for job or site safety of the project. ARTICLE II THE PROJECT SCOPE 2.1 PROJECT DESCRIPTION The construction of the Project for the CITY shall be accomplished through the award of a construction contract generally described as follows: 2.1.1 The Iowa Ave. Multi-Use Parking Facility 2.2 BASIC SERVICES 2.2.1 The CONSULTANT shall provide observation and testing services in accordance with it's proposal dated July 7, 1999, which proposal is hereby incorporated by reference and attached hereto as Exhibit A. 2.2.2 The term "observation", implies that CONSULTANT will observe the progress of the work as referenced in CONSULTANT's proposal and will perform tests from which to develop an opinion as to whether the work complies with the project requirements to the extent such compliance can be measured, and the testing is performed in accordance with generally accepted engineering practices. ARTICLE III CITY'S RESPONSIBILITY 3.1 The CITY shall arrange for access to and make all provisions for CONSULTANT to enter upon public property as required for CONSULTANT to perform services under this AGREEMENT. 3.2 The CITY shall examine all reports, sketches, drawings, specifications, and other documents presented by CONSULTANT; obtain advice of an attorney, insurance counselor, and other consultants as CITY deems appropriate for such examination; and render, in wdting, dealsions pertaining thereto. ARTICLE IV GENERAL TERMS 4.1 The CONSULTANT shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontract. 4.1.1 To discharge or refuse to hire any individual because of their race, color, religion, sex, national odgin, disability, age, marital status, gender identity, or sexual orientation. 4.1.2 To discriminate against &ny individual in the terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2 4.2 4.3 4.4. 4.5 4.6 4.7 4.8 4.9 4.10 Should the CITY terminate this AGREEMENT, the O:::)NSULTANT shall be paid for all work and services performed up to the time of termination. The CITY may terminate this AGREEMENT upon seven (7) calendar days' written notice to the CONSULTANT. This AGREEMENT shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the wdtten consent of all Padies to said AGREEMENT. It is understood and agreed that the retention of the CONSULTANT by the City for the purpose of the PROJECT shall be as an independent contractor and shall be exclusive, but the CONSULTANT shall have the right to employ such assistance as may be required for the performance of the PROJECT. It is agreed by the CITY that all records and files pertaining to information reeded by the CONSULTANT for the PROJECT shall be available by said CITY upon reasonable request from the CONSULTANT. The CITY agrees to furnish all reasonable assistance in the use of these records and files. It is furlher agreed that no party to his AGREEMENT shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. At the request of the CITY, the CONSULTANT shall attend such meetings at the project site relative to the work set forth in this AGREEMENT. Any requests made by the CITY shall be given with reasonable notice to the CONSULTANT to assure attendance. The CONSULTANT agrees to furnish, upon termination of this AGREEMENT and upon demand by the CITY, copies of all basic notes and sketches, chads, computations, and any other data prepared or obtained by the CONSULTANT pursuant to this AGREEMENT without cost, and without restrictions or limitations as to the use relative to specific projects covered under this AGREEMENT. In such event, the CONSULTANT shall not be liable for the CITY's use of such documents on other projects. Joe Fowler and Rob Winstead shall act as the CITY's representatives with respect to the work to be performed under this AGREEMENT. These two persons or their designees shall have complete authority to transmit instructions, receive information, interpret and define the CITY's policies and decisions with respect to the work presented under this AGREEMENT. Kevin Monson of Neumann Monson, PC, shall direct all PROJECT eftotis as the CITY's on-site construction representative. CONSULTANT shall coordinate observation and testing services with the contractor and with Neumann Monson, PC. CONSULTANT shall furnish observation and testing repods and results to Neumann Monson, PC in a timely manner. 4.11 The CITY agrees to tender the CONSULTANT all fees in a timely manner, excepting, however, that failure of the CONSULTANT to satisfactorily perform in accordance with this AGREEMENT shall constitute grounds for the CITY to withhold payment of an amount sufficient to properly complete the PROJECT in accordance with this AGREEMENT. 4.12 Should any section of this AGREEMENT be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and shall continue in full force and effect. 4.13 Fees paid for securing approval of authorities having jurisdiction over the , PROJECT shall be paid by the CITY. 4.14 Upon signing this agreement, CONSULTANT acknowledges that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the CITY, and certifies that no employee or officer of the CITY, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. ARTICLE V TIME OF COMPLETION The CONSULTANT shall complete the PROJECT in accordance with Constuction Contracts awarded by the CITY. Construction to begin July 1999 and be completed by March 2001. If the Construction Contract is not awarded dudng the year indicated, or the time of construction is changed, the compensation indicated in Article VI shall be adjusted as may be amended and agreed to by both parties. ARTICLE VI COMPENSATION FOR SERVICES 6.1 Methods of Payment: 6.1.1 City shall pay CONSULTANT for services rendered on a time and materials basis in accordance with rates and unit prices established in the Project Budget Estimate in Exhibit A. 6.2 Schedule of Payment The CONSULTANTs fee shall be earned and paid in accordance with time and number of tests expended on the project. The CONSULTANT shall submit monthly statements requesting payment for its services. ARTICLE VII MISCELLANEOUS 7.1 Insurance Requirements 7.1.1 Certificate of Insurance, Cancellation or Modification -4- 7.1.2 7.1.1.1 Before commencing work, the CONSULTANT shall submit to the CITY, for approval, a Certificate of Insurance meeting the requirements specified herein, to be in effect for the full contract period. 7.1.1.2 The CONSULTANT shall notify the CITY in writing at least thirty (30) calendar days prior to any reduction in policy limits or cancellation of said policy or policies. 7.1,1.3 Cancellation or reduction of policy limits below the minimum insurance limits in Article 7.1.2 of said policy or policies shall be considered just cause of the CITY to immediately cancel the .AGREEMENT and/or to halt work on the PROJECT, and to withhold payment for any work pedormed on the Contract. Minimum Coverage 7.1.2.1 Any policies of insurance purchased by the CONSULTANT to satisfy its responsibilities under this AGREEMENT shall include contractual liability coverage, and shall be in the following type and minimum amounts: Type of Coverage i. Comprehensive General Liability (1) Bodily Injury (2) Property Damage Class II Each Occurrence Aggregate $250,000.00 $500,000.00 $100,000.00 7.2 7.3 Per Person Per Accident ii..Motor Vehicle Liability & Property Damage Insurance (1) Bodily Injury (2) Property Damage iii. Workers Compensation Insurance as Required by Chapter 85, Code of Iowa $250,000 $5O0,00O $100,000 Professional Liability The CONSULTANT agrees at all times matedal to this Agreement to have and maintain professional liability insurance covering the CONSULTANT'S liability for the CONSULTANT'S negligent acts, errors and omissions to the CITY in the sum of $1,000,000.00. All provisions of the Agreement shall be reconciled in accordance with generally accepted standards of the engineering profession. -5- 7.4 It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that this is the entire Agreement, and that no other monies or considerations have been solicited. CITY OF IOWA CITY, IOWA /4,L , - - Mayor ~ FOR THE CONSULTANT Attest by: Ci~2~k-~~ ,,lul.y 13, 1999 Date City Attorney's Office Date -6- H'( tT A July 7, 1999 City of Iowa City 410 East Washington Street Iowa City, Iowa 52240-1826 5855 Willow Creek Ddve S.W. RO. Box H Cedar Rapids, Iowa 52406-2987 (319) 366-8321 Fax: (319) 366-0032 Attention: Mr. Rob Winstead Re: Cost Estimate for Construction Observation and Testing Services Proposed Iowa Avenue Multi-Use Parking Facility Iowa City, Iowa Proposal No, P99168A Dear Mr. Winstead: Terracon would be pleased to assist the City of Iowa City by providing observation and testing services during construction of the Iowa Avenue Multi-Use Parking Facility. As you are aware, Terracon provided foundation, floor slab and pavement, and general site preparation recommendations for this project, as described in our Geotechnical Engineering Report dated November 19, 1998 (Job No. 06985073.01). This cost estimate addresses construction testing and observation services for auger cast pile installation, concrete field and laboratory testing, post tensioning of concrete deck slabs, field and laboratory testing of soil backfill, structural steel, and masonry work. In addition, we plan to check floor flatness, perform visual inspection of subsurface drainage and firestopping material. We are familiar with the proposed development and have worked closely with the architect during our subsurface exploration. We understand the structure will be six stories with a lower level that is partially below grade. The building will be supported on auger-cast piles. The structure will consist of cast-in-place concrete with post-tensioning of deck slabs. There is also a limited amount of structural steel in the clock tower portion of the facility. We have reviewed a set of plans and project specifications and have discussed a general schedule with Mr. Mike Hahn and Mr. Scott Wiley of McComas-Lacina Construction, Mr. Ken Pippin of Blackhawk Foundations, and Mr. Don Pasker of Seedorff Masonry. We believe we have an excellent team of engineering technicians with significant experience in performing observation and testing services on structural steel and concrete buildings. Mr. Tom Salm has over 25 years experience in the construction testing services and will be responsible for the day to day coordination of the field testing services you will require. Mr. Jeff Evans has over 15 years experience and will be performing the auger-cast pile observation and testing as well as the specialty testing such as structural steel, concrete deck post-tensioning, and masonry testing. We also have other well-qualified personnel such as Mr. Rick Lockhart and Mr. Dave Cleary who will be available if needed. Resumes that include an outline of the background and experience for these individuals are enclosed for your review. Arizona · Arkansas · Colorado · Idaho · Illinois · Iowa · Kansas · Minnesota · Missouri · Montana Nebraska · Nevada · New Mexico · Oklahoma · Tennessee · Texas · Utah · Wisconsin · Wyoming Quality Engineering Since 1965 Proposed Iowa Avenue Multi-Use Parking Facility July 7, 1999 Terracon Our services during observation and testing of the auger-cast piles will be provided on a full- time basis, while our other services would be provided on a part-time, as-needed basis. We anticipate coordinating our services with Neumann Monson's on-site personnel and the contractor's quality control personnel. We will accommodate short-notice requests, but request a day notice be given prior to our services. For part-time services, scheduling personnel will be on an as-available basis which may require changes'of personnel assigned to the project; however, an effort will be made to assign the most cost effective personnel to your project. Specialty testing (post-tensioning, structural steel) will only be performed by a senior engineering technician. We have attached a cost estimate based on the time estimates from our discussions with the various contractors. Based on the enclosed budget estimate, we believe we can complete these services at a cost estimate between $130,000 and $155,000. Our invoice will reflect the actual quantity of work performed, and our fee could vary depending upon the contractor's schedule and performance. Thus, the enclosed estimate should not be considered a not-to-exceed fee. It should be noted that some of the outlined work could also be performed concurrently; thereby, reducing the number of trips and time spent traveling to and from the site. We understand the construction will entail two phases, which will affect the project scheduling. Our invoice will be sent to your attention at the above address. We look forward to working with you on this phase of the project. If you have any questions regarding this letter or would like to discuss this cost estimate or amend the scope of services, please contact us. Sincerely, ~~'~_'Galle~tp~ Office Manager AMG/amd\proposa1622co~cr/P99168A Attachment Copies to: Addressee (2) Mr. Kevin Monson, AIA, Neumann Monson (1) Terracon PROJECT BUDGET ESTIMATE PROPOSED IOWA AVENUE MULTI-USE PARKING FACILITY IOWA CITY, IOWA June 22, 1999 Foundation Observation and Testing - We understand pile installation may take about 30 to 35 days at about 10 hours per day (full-time). We estimate casting 2 sets of three 2"x2" grout cubes per day. 1. Senior Engineering Technician 300-350 hours X $49.00/hour $17,150.00 2. Transportation 30-35 trips X $12.00/trip* $420.00 3. Grout Cubes and Tests 180-210 each X $10.00/each $2,100.00 Estimated Total $19,670.00 Concrete Field and Lab Testing - We estimate that it will take about 6 to 8 pours for on-grade floor slabs, 25 pours for deck slabs, and about 60 to 80 pours for walls and columns. Based on this estimate, we estimate about 93 to 113 trips for concrete field testing. We estimate about 3 to 4 hours per pour. Specifications call for 1 set of 4 cylinders for each day's pour or for every 75 cy, whichever is least. For the purpose of this proposal, we are estimating that this time will be divided evenly between Level I and Level II Technicians. 1. Technician (Level I) 2. Technician (Level II) 3. Transportation 4. Compressive Strength Tests & Molds 150-200 hours X $32.00/hour $6,400.00 200-250 hours X $37.00/hour $9.250.00 93-113 tdps X $12.00/trip* $1,356.00 372-452 each X $11.25/each $5,085.00 Estimated Total $22,091.00 Post-Tensioning Testing of Deck Slabs - Based on our conversation with contractors, we understand the construction of the deck slabs will be performed in about 8,000 square feet per pour, resulting in about 25 pours. Our senior engineering technician will inspect the tensioning strands before poudng, as well as tensioning the strands after the concrete has hardened. We estimate 4-6 hours for each trip, with two trips per pour section. 1. Senior Engineering Technician 200-300 hours X $49.00/hour $14,700.00 2. Transportation 50 tdps X $12.00/trip* $600.00 Estimated Total $15,300.00 Field Density Testing of Compacted Fills - We have estimated 20-25 trips to provide field density testing services in accordance with the project specifications. We estimate each tdp will take about 3 hours, with about 5 tests per tdp. 1. Technician (Level II) 2. Transportation 3. Standard Proctor Tests 4. Nuclear Density Gauge Tests 60-75 hours X $37.00/hour $2,775.00 20-25 trips X $12.00/trip* $300.00 2-3 each X $99.00/each $297.00 100-125 each X $5.00/each $625,00 Estimated Total $3,997.00 Structural Steel - Based on the estimated ~luration of the steel erection portion of the project, we have estimated about 2-3 trips for testing and observation of welds and bolted connections, We estimate about 3-4 hours per trip. 1. AWS Technician 6-12 hours X $54.00/hour $648.00 2. Transportation 2-3 tdps X $12.00/trip* $36.00 Estimated Total $684.00 Terracon Masonry Observation and Testing - We understand there is about 75,000 square feet of block and about 35,000 square feet of brick to be placed, and it may take about 250 to 300 working days to complete. We understand that 5 prism tests will be required before construction. We estimate having a senior engineering technician observe the construction of the masonry work for about 3 to 4 hours per day. We anticipate making 3 grout/mortar cubes per day. 1. Senior Engineering Technician 2. Prism Tests' 3. Grout/Mortar Compressive Strength Tests 750 to 1,200 X $49.00/hour $58,800.00 hours 5 tests X $200.00/each $1,000.00 750 to 900 X $15.00/each $13,500,00 cubes Estimated Total $73,300.00 Weekly Inspection Walkthrough - We anticipate this project to last 85 weeks, and an employee of Terracon will be available for weekly inspection walkthroughs. We anticipate this task will take about 2 hours per week. 1. Senior Project Engineer 2. Transportation 170 hours X $79.00/hour $13,430.00 85 trips X $12.00/trip* $1,020.00 Estimated Total $14,450.00 Engineering Services - Project direction, coordination, and preparation of status reports. 1. Project Engineer 2. Senior Project Engineer 50-60 hours X $69.00/hour $4,140.00 10-20 hours X $79.00/hour $1,580.00 Estimated Total $5,720.00 ESTIMATED TOTALI $155,212.00 I ESTIMATED RANGE ~ $130,000.00 to $155,000.00 *Please note that our field personnel are often in the Iowa City area and transportation charges will be reduced significantly when testing is performed concurrently with those projects. Trip charges are estimated on an average mileage of 30 miles. 4 Prepared by: John Yapp, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 RESOLUTION NO. 99-241 RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE CONSTRUCTION OF THE WILLOW CREEK TRAIL, MORMON TREK BOULEVARD TO WILLOW CREEK DRIVE. WHEREAS, the City of Iowa City has undertaken a project to construct the Willow Creek Trail- Mormon Trek Boulevard to Willow Creek Drive Project ("Project"); and WHEREAS, the Project includes acquisition of certain property rights, together with installation of a ten foot (10') wide asphalt trail in order to provide a 1.0-mile segment of the Willow Creek trail system; and WHEREAS, the Project will provide trail connections between Mormon Trek Boulevard, Benton Street, Willow Creek Park, Kiwanis Park, commercial property on Willow Creek Drive, and the existing Willow Creek Trail. WHEREAS, the City Council has been advised and has determined that the acquisition of certain property rights is necessary for construction, operation, and maintenance of the Project and is in the public interest; and WHEREAS, City staff should be authorized to acquire necessary property rights at the best overall price and cost to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. It is in the public interest to acquire property rights by warranty, quit-claim deed and/or easement for the construction of the Willow Creek Trail - Mormon Trek Boulevard to Willow Creek Ddve Project. The City Council further finds that acquisition of said property rights is necessary to carry out the functions of the Project, and that such Project constitutes a valid public purpose under State and Federal law. 2. The City Manager or designee is hereby authorized and directed to negotiate the purchase of property rights by warranty deed, quit-claim deed and/or easement for the construction, operation, and maintenance of the Project. The City Manager or designee is authorized to sign purchase agreements for the purchase of property and/or easements, and offers to purchase property and/or easements. 3. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized to execute and attest easement agreements and agreements in lieu of condemnation. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. Resolution No. 99-241 Page 2 In the event the necessary property dghts for the Project cannot be acquired by negotiation, the City Attomey is hereby authorized and directed to initiate condemnation proceedings for acquisition of any and all property rights necessary to fulfill the functions of the Project, as provided by law. Passed and appmved this 13th A'R'EST: Ci~~RK~,,) ~ day of J u l y ,1999. MAYOR City Attomey's Office It was moved by Kubby and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: X X X X X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef the Resolution be jccogtpVes\willproj.doc Prepared by: David Schoon, Eco. Dev. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5236 RESOLUTION NO. 99-242 RESOLUTION DETERMINING NECESSITY AND SE'FI'ING A PUBLIC HEARING FOR AUGUST 24, 1999, ON A PROPOSED CENTRAL BUSINESS DISTRICT URBAN REVITALIZATION PLAN FOR A PROPOSED URBAN REVITALIZATION AREA IN THE CITY OF IOWA CITY, IOWA. WHEREAS, pursuant to Iowa Code Chapter 404, the City Council may, by ordinance, designate an area of the city as an urban revitalization area for the purpose of granting property tax exemptions for improvements to properties; and WHEREAS, the proposed Urban Revitalization Area includes and consists of the area described as: All of Blocks 61-66 and 80-84, Original Town, Iowa City, Iowa, and WHEREAS, the City Council must follow the statutory criteria set forth in Iowa Code Chapter 404 when designating an area as an urban revitalization area. This procedure includes adoption of a resolution finding that the rehabilitation, conservation, redevelopment, economic development, or a combination thereof of the area is necessary in the interest of the public health, safety, or welfare of the residents of the city and the area meets the criteria of §404.1; and WHEREAS, Iowa Code §404.1 provides that the City Council may designate an area of the city as a revitalization area, if that area is an area which is appropriate as an economic development area or as a historic preservation area as defined in Section 403.17. WHEREAS, Section 403.17 defines an economic development area as the following: "An area of a municipality designated by the local governing body as appropriate for commercial and industrial enterprises or housing and residential development for low and moderate income families, including single or multifamily housing." WHEREAS, Section 403.17 defines a historic preservation area as the following: An area in which there is a predominance of buildings or improvements which by reason of age, history, architecture or significance should be preserved or restored to productive use. WHEREAS, the Iowa City Comprehensive Plan encourages commercial activity to take place in existing core areas or neighborhood commercial centers, promotes continued and enhanced downtown revitalization, and supports the use of financial incentives to facilitate achieving the Comprehensive Plan's economic well-being goals; and Resolution No. 99-242 Page 2 WHEREAS, the adopted Iowa City Historic Preservation Plan promotes the use of local economic incentives, including property tax exemption, to preserve or restore historic and/or architecturally significant buildings; and WHEREAS, the proposed Central Business District Urban Revitalization Area contains a predominance of buildings or improvements which by reason of age, history, architecture or significance should be preserved or restored to productive use; and WHEREAS, the incentives created by said Chapter 404 are necessary to preserve historic structures in the proposed urban revitalization area and to encourage non-residential commercial developments in the proposed urban revitalization area; and WHEREAS, the City Council has reasonable cause to believe that the area described above satisfies the eligibility criteria for designation as an urban revitalization area under Iowa law; and WHEREAS, Iowa Code §404.2 (1999) requires the City to prepare a revitalization plan for the proposed revitalization area; and WHEREAS, Iowa Code Chapter 404 requires the City Council to hold a public headng on an urban revitalization plan for an urban revitalization project following notice to all owners of record of real property located in the proposed area and all tenants living in the proposed area, in accordance with Iowa Code §362.3; and WHEREAS, Iowa Code Chapter 404 further requires that, in addition to notice by publication, notification shall be given by ordinary mail to the last known address of the owners of record and to the "occupant" of city addresses located within the proposed area. These notices shall be given by the thirtieth day prior to the public hearing; and WHEREAS, the only reasonably current and complete list for city addresses located within the proposed area is contained in R. L. Polk Company's City Directory. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The facts stated above in the preamble are true and correct statement of the conditions in the proposed Central Business District Urban Revitalization Area and of the necessity for its designation as an urban revitalization area. The proposed Central Business District Urban Revitalization Area legally described above is an eligible urban revitalization area under the criteria of Iowa Code §404.1 (1999). The rehabilitation, conservation, redevelopment, or economic development or a combination thereof of Central Business District Urban Revitalization Area is necessary in the interest of the public health, safety, or welfare of the residents of the city of Iowa City, Iowa. The City staff is directed to prepare an ordinance designating the area, legally described above, as the Central Business District Urban Revitalization Area for consideration by this Council in conjunction with the public hearing on the proposed Central Business District Urban Revitalization Plan. The City Council will hold a public hearing on the proposed Central Business District Urban Revitalization Plan at its meeting on August 24, 1999, which begins at 7:00 p.m. in the Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa. Resolution No. 99-242 Page 3 The City Clerk is authorized and directed to publish the attached notice of the public hearing in the Iowa City Press-Citizen, once on a date not less than four (4) nor more than twenty (20) days before the date of said public hearing. The City staff is hereby authorized and directed to give notice of the public hearing by ordinary mail to the owners of record of property and occupants of city addresses located within the proposed Central Business District Urban Revitalization Area, except that the requirement for notice by ordinary mail to an occupant of a city address within said area is waived to the extent that an occupanrs address is not accurately stated in R. L. Polk's City Directory. The City staff is hereby directed to place a copy of the proposed Central Business District Urban Revitalization Plan on file in the office of the City Clerk. Passed and approved this 13th A'I'I'EST:Ci~E~~RK ~/'. day of J u 1 .y ,1999. AYOR Cit 'yA~ rn~y' b It was moved by Thornberry and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: X X X X X X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef ecodev\res\cbdrev.doc NOTICE OF PUBLIC HEARING TO CONSIDER APPROVAL OF A PROPOSED CENTRAL BUSINESS DISTRICT URBAN REVITALIZATION PLAN FOR A PROPOSED URBAN REVITALIZATION AREA IN THE CITY OF IOWA CITY, IOWA. Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:00 p.m. on the 24th day of August, 1999, in the Civic Center Council Chambers, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the Council will consider adoption of a proposed Central Business District Urban Revitalization Area in Iowa City, Iowa, legally described as: All of Blocks 61-66 and 80-84, Original Town, Iowa City, Iowa. The adoption of the proposed Urban Revitalization Plan and the subsequent designation of this area as an Urban Revitalization Area will permit property tax exemptions on the value added to properties qualified for improvements, A copy of the Plan is on file for public inspection in the office of the City Clerk, Civic Center, Iowa City, Iowa. Any person or organization desiring to be heard shall be afforded an opportunity to be heard at such hearing. This notice is given by order of the City Council of Iowa City, Iowa, as provided by Section 404.2 of the State Code of Iowa. MARlAN K. KARR, CITY CLERK Central Business District Urban Revitalization Plan 1999 TABLE OF CONTENTS CENTRAL BUSINESS DISTRICT URBAN REVITALIZATION PLAN Section 1 - Section 2- Section 3 - Section 4 - Section 5 - Section 6 - Addendum 1 - Addendum 2 Addendum 3 Addendum 4 Selection Criteria for Central Business District Urban Revitalization Area Code of Iowa Criteria City of Iowa City Policy Criteria CBD Urban Revitalization Plan Objectives The CBD Plan Components Description of CBD Urban Revitalization Area Existing Assessed Valuations of Real Estate and Owners of Record of Real Estate Land Use Proposals for Improving or Expanding City Services Applicability of Plan Qualifications for Eligibility Tax Exemption Schedules Relocation Provisions Federal, State, Local, or Private Grant or Loan Programs Available for Residential Improvements Prior Approval of Eligibility and Application for Tax Exemption Amendments to Plan Repeal of Ordinance Central Business District Urban Revitalization Area Map Existing Assessed Valuation of Real Estate and Owners of Record of Real Estate Central Business District Urban Revitalization Area - Existing Zoning Central Business District Urban Revitalization Area - Existing Land Use Map 2 Central Business District Urban Revitalization Plan SECTION 1: SELECTION CRITERIA FOR THE NEAR SOUTHSIDE CBD URBAN REVITALIZATION AREA CODE OF IOWA CRITERIA Under the Urban Revitalization Act of the State of Iowa, the City is granted the authority to designate portions of the City, which meet the specified criteria as revitalization areas. Accordingly, on July 13, 1999 the Iowa City City Council adopted a resolution finding that the proposed Central Business District Urban Revitalization Area meets the criteria of Section 404.1 (4) of the Code of Iowa (1999), namely that the rehabilitation, conservation, redevelopmerit, economic development or a combination thereof is necessary in the interests of the public health, safety and welfare of the residents of the City. Section 404.1 (4), Code of Iowa (hereafter "Code,") specifically states that the City may designate an area of the City a revitalization area if that area is "an area which is appropriate as an economic development area as defined in section 403.17." Section 403.17, Code defines an economic development area as "'an area of a municipality designated by the local governing body as appropriate for commercial and industrial enterprises or housing and residential development for low and moderate income families, including single or multifamily housing."' The Code also states that the City may designate an area of the City a revitalization area if that area is "an area in which there is a predominance of buildings or improvements which by reason of age, history, architecture or significance should be preserved or restored to productive use." CITY OF IOWA CITY POLICY CRITERIA In December of 1997, the Iowa City City Council adopted the 1997 Iowa City Comprehensive Plan, which is a statement of goals and policies of the community. The Comprehensive Plan identifies five economic well-being goals, including one that states that the community should "improve the environmental and economic health of the community through the efficient use of resources". Under this goal the Plan identifies two strategies to use to achieve this goal. They include (1) encourage commercial activity to take place in existing core areas or neighborhood commercial centers; discourage the proliferation of new major commercial areas and (2) continue and enhance downtown revitalization. The Comprehensive Plan also suggests consideration of financial incentives and programs to facilitate achieving the economic well-being goals. Based on the City Council's intent, the properties set out in Addendum 1 are hereby designated as appropriate commercial uses for urban revitalization purposes, and are hereby declared to be included in the Central Business District Urban Revitalization Area (hereafter "CBD Area"), and said properties are further declared to be within this Central Business District Urban Revitalization Plan (hereafter "CBD Revitalization Plan"). The following historic or architecturally significant structures in the CBD Area are on the National Register of Historic Places (NRHP) or designated as an Iowa City Historic Landmark (ICHL): · Franklin Printing House - 115 S. Dubuque c. 1856 (both NRHP and ICHL) · First Congregational Church - 30 N. Clinton c. 1869 (both) · Trinity Episcopal Church - 320 E. College c. 1871 (both) · George Van Patten House - 9 S. Linn c. 1873 (both) 3 Central Business District Urban Revitalization Plan College Block Building - 127 E. College c. 1883 (both) · Boerner-Fry Co Building (Davis Hotel) - 332 E. Washington c. 1900 (NRHP) · Paul-Helen Building - 207-215 E. Washington c. 1910 (both) · Old Post Office (Senior Center) ~ 27 S. Linn (NRHP) The proposed CBD Area contains a predominance of buildings or improvements which by reason of age, history, architecture, or significance should be preserved or restored to productive use. The Historic Preservation Commission is in the process of surveying properties within the CBD Area to determine if the area contains additional historic landmarks or if the entire central business district should be designated a historic district. Additional designations of historic structures may be made in the future. The adopted Iowa City Historic Preservation Plan promotes the use of local economic incentives, including property tax exemption, to preserve or restore buildings such as these. CBD URBAN REVITALIZATION PLAN OBJECTIVES The primary objective of this CBD Urban Revitalization Plan is to encourage the revitalization of commercial activity in and the reuse of historic and architecturally significant structures in the CBD Area. The City of Iowa City has recently made a substantial investment in the downtown Iowa City to ensure the continued vitality of this center of the community. This investment was made in response to aging and dilapidating infrastructure and a concern for the economic health of downtown in the face of significant growth in suburban retail markets. In a citizen based Downtown Strategy and Action Plan endorsed by the City Council in 19997, public sector and private sector partnerships are encouraged to address the revitalization of downtown. The granting of property tax exemption on the added value of private improvements is one such partnership and will provide an incentive to property owners and business tenants to reinvest in non-residential commercial activities in the downtown area either in the form of rehabilitations, additions, or new construction. Though the zoning ordinance permits commercial residential uses within the CBD Area, the City Council has determined that encouragement of "commercial residential development" is not needed in the CBD Area. The Council finds that the market, itself, drives the attractiveness of this area for high-density residential uses. The Council further finds that the use of financial incentives, such as property tax exemption, is necessary to encourage the development of high density non-reSidential commercial uses in the core area of the community. Consequently, the primary objective of this CBD Revitalization Plan is to encourage the revitalization and redevelopment of the CBD Area for commercial uses other than commercial residential uses, and to encourage the reuse of historic and architecturally significant structures in the CI3D Area. To achieve these objectives, the City of Iowa City shall undertake the urban revitalization activities as specified in this CBD Revitalization Plan, pursuant to the powers granted to the City under Chapter 404, Code of Iowa (1999). 4 Central Business District Urban Revitalization Plan SECTION 2: THE CBD URBAN REVITALIZATION PLAN COMPONENTS DESCRIPTION OF CBD URBAN REVITALIZATION AREA The legal description of the Central Business District Urban Revitalization Area is: Blocks 61-66 and 80-84 of Original Town as described in the attached Addendure 1, which is attached hereto and incorporated by reference herein. EXISTING ASSESSED VALUATION OF REAL ESTATE AND OWNERS OF RECORD OF REAL ESTATE Addendum 2, which is attached hereto and incorporated by reference herein, contains existing assessed valuations of all real estate in the CBD Area, and contains a listing of the names and addresses of the owners of record of real estate within the CBD Area. LAND USE Existing Zoning The existing zoning of the project area as identified on the Iowa City Zoning Map is Central Business (CB-10) Zone and Public (P) Zone; see attached Addendum 3 for existing zoning. The existing zoning is generally consistent with the proposed land uses as illustrated on the 1997 Iowa City Comprehensive Plan Map. Existing Land Uses The existing land uses in the CBD Area include commercial uses (retail, office, and non- residential), residential uses, religious uses, and public uses; see attached Addendure 4 for existing land uses. Proposed Land Uses The proposed land uses in the CBD Area shall be consistent with the City Zoning Ordinance and the 1997 Iowa City Comprehensive Plan. 5 Central Business District Urban Revitalization Plan PROPOSALS FOR IMPROVING OR EXPANDING CITY SERVICES The City Council has evaluated whether a need exists for improving or expanding city services within the CBD Area including, but not limited to, transportation facilities, sanitary sewer, solid waste collection, street maintenance, park facilities, and police and fire protection. To this end, the City Council hereby identifies the following improvements that would enhance redevelopment and revitalization of said CBD Area. · Downtown Streetscape Improvements · Iowa Avenue Streetscape Improvements · Iowa Avenue Multi-Use Parking Facility · New and Expanded Destination · Transit Facility Interchange · Improved Maintenance & Security · Additional Year-Round Activities, such as weekly concerts and annual festivals. APPLICABILITY OF THE PLAN Land Uses This CBD Revitalization Plan is applicable to all qualified real estate assessed as commercial property. Only the non-residential commercial component of the property qualifies for property tax exemption. However, any reuse of a historic structure assessed as residential, residential commercial, or non-residential commercial property shall be considered qualified real estate. Types of Construction Eligible Eligible construction includes rehabilitation and additions to existing property and new construction for all property defined as qualified real estate herein. In order for the rehabilitation, additions, or new construction to qualify for property tax exemption, said rehabilitation, additions, or new construction must begin after adoption of this CBD Revitalization Plan and the corresponding Ordinance. New construction that requires the demolition of structures identified in this CBD Revitalization Plan as historic and/or architecturally significant is not eligible for property tax exemption. All rehabilitation to historic or architecturally significant structures shall be done in such a manner as to preserve or restore any historic structure to productive use in order to be eligible. The guidelines for determining if rehabilitation does preserve or restore the structure shall be those set forth in the 1990 revised edition of the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. All additions to historically or architecturally significant structures shall be developed in such a manner as to be architecturally compatible with existing development. Plans and specifications for proposed exterior renovation must be submitted to the Iowa City Historic Preservation Commission for review and approval prior to issuance of a building permit in order for the improvements to qualify for property tax exemption. The design for all rehabilitation, additions, and new construction of non-historic structures must be submitted to the Iowa City Design Review Committee for review and recommendation. The Design Review Committee recommendation will be submitted to the 6 Central Business District Urban Revitalization Plan Iowa City City Council for review and approval. The City Council must approve the exterior design for all rehabilitation, additions, and new construction of non-historic structures prior to issuance of a building permit in order for the improvements to qualify for property tax exemption. Time Frame The CBD Area shall remain a designated revitalization area for ten years from the date of designation. Revenue Bonds The City has no plans to issue revenue bonds for revitalization projects within the CBD Area. QUALIFICATIONS FOR ELIGIBILITY Qualified property improvements include rehabilitation and additions to existing structures and new construction for property assessed as commercial property defined above as qualified real estate, see "Applicability of the Plan, Land Uses and Types of Construction Eligible." Qualified property improvements do not include new construction that requires the demolition of structures identified herein as historic and/or architecturally significantly. In order to be considered eligible, all improvements must be completed in conformance with all applicable regulations of the City of Iowa City. All improvements must also increase the actual value of the property as of the first year for which an exemption is received by at least fifteen percent (15%) in the case of real property assessed as commercial property and by at least ten percent (10%) in the case of real property assessed as residential property. Actual value added by improvements defined as eligible herein means the actual value added as of the first year for which the exemption was received. TAX EXEMPTION SCHEDULE Tax exemption on qualifying improvements shall follow one of four schedules as set out by state law. Eligible property owners shall elect one of the four schedules. Once the election has been made and the exemption granted, the owner is not permitted to change the method of exemption. Exemption schedules are as follows: All qualified real estate assessed as residential property is eligible to receive an exemption from taxation based on the actual value added by the improve- ments. The exemption is for a period of ten (10) years. The amount of the exemption is equal to a percent of the actual valued added by improvements, determined as follows: one hundred fifteen percent (115%) of the value added by the improvements. However, the amount of the actual value added by the improvements which shall be used to compute the exemption shall not exceed twenty thousand dollars ($20,000) and the granting of the exemption shall not result in the actual value of the qualified real estate being reduced below the actual value on which the homestead credit is computed under section 425.1, Code of Iowa (1999). 7 Central Business District Urban Revitalization Plan e All qualified real estate is eligible to receive a partial exemption from taxation on the actual value added by the improvements. The exemption is for a period of ten (1 O) years. The amount of the partial exemption is equal to a percent of the actual value added by the improvements, determined as follows: For the first year, eighty percent (80%). For the second year, seventy percent (70%). For the third year, sixty percent (60%). For the fourth year, fifty percent (50%). For the fifth year, forty percent (40%). For the sixth year, forty percent (40%). For the seventh year, thirty percent (30%). For the eight year, thirty percent (30%). For the ninth year, twenty percent (20%). For the tenth year, twenty percent (20%). All qualified real estate is eligible to receive a one hundred percent (100%) exemption from taxation on the actual value added by the improvements. The exemption is for a period of three (3) years. All qualified real estate assessed as residential property or assessed as commercial property is eligible to receive a one hundred percent (100%) exemption from taxation on the actual value added by the improvements, but only if the commercial property consists of three (3) or more separate living quarters with at least seventy-five percent (75%) of the space used for residential purposes. The exemption is for a period of ten (10) years. RELOCATION PROVISIONS The City has considered provisions for the relocation of persons, including families, business concerns and others who could be displaced as a result of improvements to be made in the designated CBD Area. Upon such consideration, the following shall be provided under the CBD Revitalization Plan: Benefits Upon application for and the City's verification of a property owner's eligibility for tax exemption, qualified tenants in the designated CBD Area shall be compensated by the property owner for one month's rent and for actual reasonable moving and related expenses, where said displacement was due to action on the part of the property owner to qualify for said tax exemption. 8 Central Business District Urban Revitalization Plan Eligibility "Qualified tenant" means the legal displaced occupant of a residential dwelling unit which is located within the designated CBD Area where the person or family has occupied the same dwelling unit continuously for twelve (12) months prior to the City's adoption of this CBD Revitalization Plan. There are no relocation provisions made for displacement from commercial units. Actual Reasonable Moving and Related Expenses A qualified tenant of a dwelling is entitled to actual reasonable expenses for: Transportation of the displaced person displacement site to the replacement site. beyond twenty-five miles are not eligible. and personal property from the Transportation costs for a distance b. Packing, crating, unpacking and uncrating of personal property. Disconnecting, dismantling, removing, reassembling and reinstailing relocated household appliances and other personal property. d. Discontinuing, transferring or reconnecting utility services, including cable television. Least Costly Approach The amount of compensation for an eligible expense shall not exceed the least costly method of accomplishing the objective of the compensation without causing undue hardship to the displaced tenant and/or landlord. Central Business District Urban Revitalization Plan SECTION 3: FEDERAL, STATE, LOCAL OR PRIVATE GRANT OR LOAN PROGRAMS AVAILABLE FOR RESIDENTIAL IMPROVEMENTS Community Development Block Grants (CDBG) CDBG monies are federal monies that are appropriated to the City of Iowa City on an annual basis. Use of the CDBG monies must benefit low or moderate-income persons. Federal Tax Credit for Historic Structures The federal government provides a federal tax credit for rehabilitation of properties listed on the National Register of Historic Places. HOME Program HOME funds are appropriated by Congress to HUD for housing activities. In Iowa City, these HOME funds are allocated through and administered by the Iowa Department of Economic Development. As with CDBG, HOME funds are designed to provide housing assistance to low and moderate income persons. SECTION 4: PRIOR APPROVAL OF ELIGIBILITY AND APPLICATION FOR TAX EXEMPTION A person may submit a proposal for an improvement project to the City to receive prior approval for eligibility for a tax exemption on the project, pursuant to Section 404.4, Code of Iowa (1999). An application shall be filed for each new exemption claimed and approved by the City Council pursuant to Section 404.4, Code. The City Assessor shall physically review each first-year application pursuant to Section 404.5, Code. SECTION 5: AMENDMENTS TO CBD REVITALIZATION PLAN Once the City has adopted the CBD Revitalization Plan herein, the City may amend the plan, but only after a public hearing before the City Council. Notice of said hearing on proposed amendments shall be published as required in Section 362.3, Code of Iowa (1999), provided that at least seven (7) days notice is given, and that said public hearing is held no earlier than the next regularly scheduled City Council meeting following the published notice. 10 Central Business District Urban Revitalization Plan Z] O: :it= r,,O -(  ' "' ' J_8 3NOFISN(] S ] IS 3NONSDO S _ % ,I,- -~ SECTION 6: REPEAL OF ORDINANCE When in the opinion of the City Council the desired level of revitalization has been attained or economic conditions are such that the continuation of the exemption granted by this CBD Revitalization Plan would cease to be of benefit to the City, the City Council may repeal the ordinance establishing the CBD Area. In that event, all existing exemptions shall continue until their expiration. Shared\ecodev\cbdupr.doc 11 Central Business District Urban Revitalization Plan ADDENDUM 2 - CENTRAL BUSINESS DISTRICT URBAN REVITALIZATION PLAN ASSESSED VALUATION OF REAL ESTATE & OWNERS OF RECORD OF REAL ESTATE 1998 CURRENT ASSESSMENTS PARCEL # 1010311001 OWNER'S NAME & MAILING ADDRESS BILL MIHALOPOULOS 1105 W BENTON ST IOWA CITY 52246 PROPERTY ADDRESS 1S DUBUQUE ST LAND BUILDING & ASSESSED IMPROVEMENT VALUE ASSESSED VALUE $159,800 $270,170 TOTAL $4Z9,970 1010311002 DUSS PROPERTIES 4558 SAN SIRO DR SARASOTA FL 34235 5 S DUBUQUE ST $65,800 $158,550 $224,350 1010311003 RINELLA BUILDING PARTNERSHIP %EDRIS J MCCARTHY 1409 LACHMAN L PACIFIC PALISADES CA 90272 7 S DUBUQUE ST $79,900 $126,080 $205,980 1010311004 EUGENE F FISHER 533 SOUTHGATE AVE %CHAMBERS AGEN IOWA CITY IA 52240 9 S DUBUQUE ST $86,700 $125,640 $212,340 1010311005 MAUREEN A MONDANARO 114 COLLEGE ST %FRESH FOODS CONC IOWA CITY IA 52240 11S DUBUQUE ST $99,620 $152,690 $252,310 1010311006 THE WILLIAMS CO 19-21S DUBUQUE ST IOWA CITY IA 52240-3902 13 S DUBUQUE ST $188,530 $449,480 $638,010 1010311008 SARAH GRAHAM BELL & JOHN H GRAHA %GERRY AMBROSE 250 12TH AVE ST CORALVILLE IA 52241-2928 121 IOWA AVE $209,140 $333,420 $542,560 1010311009 HARRY BREMER ESTATE [O~A STATE BANK & TRUS PO BOX 17 IOWA CITY IA 52244 119 IOWA AVE $106,210 $54,350 $160,560 1010311010 HARRY BREMER ESTATE % CARDAN INC 115 IOWA AVE IOWA CITY IA 52240 117 IOWA AVE $111,270 $89,090 $200,360 1010311011 DANIEL BERRY 115 IOWA AVE IOWA CITY IA 52240 115 IOWA AVE $86,400 $115,460 $201,860 1010311012 DANIEL L BERRY 2905 BROOKSIDE DR IOWA CITY IA 52245 113 IOWA AVE $86,400 $128,710 $215,110 1010311013 DEY BUILDING L L C 8 S CLINTON ST IOWA CITY IA 52240 105 IOWA AVE $512,250 S901,900 $1,414,150 1010311014 DEAN G & EVELYN M OAKES PO BOX 1456 IOWA CITY IA 52244 12 S CLINTON ST $227,000 $348,020 $575,020 Page 1 PARCEL # 1010311015 1010311016 1010311017 1010311018 1010311019 1010311020 1010311021 1010311022 1010311023 1010311024 1010311025 1010311026 1010311027 1010311028 Page 2 OWNERmS NAME & MAILING ADDRESS CAMAY ENTERPRISES COMPANY, LTD 3725 FOREST GATE DR NE IOWA CITY IA 52240 ALFRED J & MARY A MCDONALD 621N VAN BUREN ST IOWA CITY IA 52245 LAURENCE SHORT PO BOX 1126 IOWA CITY ET AL IA 52244 LAURENCE SHORT ETAL PO BOX 1126 IOWA CITY IA 52244 RINELLA BUILDING PARTNERSHIP ~DRIS J MCCARTHY 1409 LACHMAN L PACIFIC PALISADES CA 90272 FRANK C BYERS 940 WHELK DR SANIBEL FL 33957-4814 FRANK C BYERS 940 WHELK DR SANIBEL FL 33957-4814 ROBERT J & WILLIAM D NOSER 28 S CLINTON ST IOWA CITY IA 52240 GILDA V & ERICH W SIX 1224 MELROSE AVE IOWA CITY IA 52246 WILLIAM M & HELEN B BYINGTON 1557 SOMERSET LN IOWA CITY IA 52240 M C GINSBERG JEWELERS, INC. 110 WASHINGTON ST IOWA CITY IA 52240 WASHINGTON STREET PROPERTIES C/O GARY L. FINK 4 PRINCETON CT IOWA CITY IA 52245 F & S PROPERTIES 4 PRINCETON CT IOWA CITY IA 52245 LUBIN & GOLDBERG %IOWA STATE BANK PO BOX 1700 IOWA CITY IA 52244 PROPERTY ADDRESS 14 S CLINTON ST 16 S CLINTON ST 18 S CLINTON ST 20 S CLINTON ST 22 S CLINTON ST 24 S CLINTON ST 26 S CLINTON ST 28 S CLINTON ST 30 S CLINTON ST 32 S CLINTON ST 110 WASHINGTON ST 112 WASHINGTON ST 114 WASHINGTON ST 118 WASHINGTON ST LAND ASSESSED VALUE $118,000 $123,900 $82,600 $96,000 $121,900 $132,500 $106,000 $91,000 $91,000 $158,500 $85,500 $90,000 $231,750 $131,000 BUILDING & IMPROVEMENT ASSESSED VALUE $142,410 $159,510 $127,320 $145,820 $161,550 $172,310 $145,080 $169,190 $121,660 $218,180 $163,100 $127,930 $313,510 $242,890 TOTAL $260,410 $283,410 $209,920 $241,820 $283,450 $304,810 $251 080 $260,190 $212,660 $248,600 $217,930 $545,260 $37'5,890 PARCEL # 1010311029 1010311030 1010311031 1010311032 1010311033 1010311034 1010311035 1010311036 1010311037 1010311038 1010312001 1010312002 1010312003 1010312004 Page 3 OWNER'S NAME & MAILING ADDRESS HARRY BREMER ESTATE %IOWA STATE BANK & TRS PO BOX 17 IOWA CITY IA 52244 OLD TOWN PROPERTIES C/O GARY FINK 4 PRINCETON CT IOWA CITY IA 52245 EVELYN M OAKES PO BOX 1456 IOWA CITY IA 52244 HARRY BREMER ESTATE %IOWA STATE BANK & TRS PO BOX 17 IOWA CITY IA 52244 HARRY BREMER ESTATE %IOWA STATE BANK PO BOX 1700 IOWA CITY IA 52244 HARRY BREMER ESTATE %IOWA STATE BANK & TRS PO BOX 17 IOWA CITY IA 52244 HAZEL J & RICHARD MILLER 37 BROOKFIELD DR IOWA CITY IA 52245 MACHT INC %BILL NUSSER 19-21S DUBUQUE ST IOWA CITY IA 52240-3902 MACHT INC %BILL NUSSER 19-21S DUBUQUE ST IOWA CITY IA 52240-3902 LAURENCE R SHORT PO BOX 1126 IOWA CITY IA 52244-1126 GILDA & ERICH W SIX 1244 MELROSE AVE IOWA CITY IA 52246 BRUEGGERS BAGEL 720 LIBERTY WAY NORTH LIBERTY IA 52317 ENTERPRISE INVESTMENT GROUP L L 2615 FERNDALE DR IOWA CITY IA 52245 ENTERPRISE INVESTMENT GROUP LLP 2615 FERNDALE DR IOWA CITY IA 52245 PROPERTY ADDRESS 120 1/2 WASHINGTON ST 124 WASHINGTON ST 126 WASHINGTON ST 128 WASHINGTON ST 130 WASHINGTON ST 132 WASHINGTON ST 23 S DUBUQUE ST 21S DUBUQUE ST 19 S DUBUQUE ST 17 S DUBUQUE ST 229 IOWA AVE 225 IOWA AVE 9 S LINN ST 13 S LINN ST LAND ASSESSED VALUE $255,850 $116,000 $110,000 $100,000 $100,000 $115,000 $86,700 $86,700 $86,700 $91,800 $104,740 $178,500 $96,770 $126,000 BUILDING & IMPROVEMENT ASSESSED VALUE $526,110 $201,860 $127,500 $120,180 $120,180 $1 76,670 $162,120 S128,450 $138,340 $173,970 $~9,380 $221,190 $90,420 $297,800 TOTAL $781,960 $317,860 $237,500 $220,180 $220,180 $291,670 $248,820 S215,150 $225,040 $265,770 $184,120 $399,690 $187,190 $423,800 PARCEL # 1010312006 1010312007 1010312008 1010312009 1010312010 1010312011 1010312012 1010312014 1010312015 1010312016 1010312017 1010312019 1010312020 1010313002 Page 4 OWNER'S NAME & MAILING ADDRESS REARDON APARTMENTS 1218 HIGHLAND CT IOWA CITY IA ROY L YELDER 521MELROSE CT IOWA CITY IA JANET L MOORE & C ROBERT WIKEL 3771 COTTAGE RESERVE RD NE SOLON IA JANET L MOORE & C ROBERT WIKEL 3771 COTTAGE RESERVE RD NE SOLON IA THE DEADt~ 6 S DUBUQUE ST IOWA CITY IA DONALD L STALKFLEET 3105 DUBUQUE ST NE IOWA CiTY IA DONALD L STALKFLEET 3105 DUBUQUE ST NE IOWA CITY IA DONALD L STALKFLEET 3105 DUBUQUE ST NE [O~A CITY IA FIRST NATIONAL BANK PO BOX 1880 IOWA CITY IA FIRST NATIONAL BANK PO BOX 1880 [OVA CITY IA LASANSKY CORP 216 WASHINGTON ST IOWA CITY IA ROY YELDER 521MELROSE CT IOWA CITY IA FIRST NATIONAL BANK PO BOX 1880 [OVA CiTY IA RICHARD W PATTSCHULL 315 FAIRVIEW AVE IOWA CITY IA 52240 52246 52333 52333 52240 52240 52240 52240 52244 52244 52240 52246 52244 52245 PROPERTY ADDRESS 215 IOWA AVE 211 IOWA AVE 2 S DUBUQUE ST 4 S DUBUQUE ST 6 S DUBUQUE ST 10 S DUBUQUE ST 12 S DUBUQUE ST 14 S DUBUQUE ST 204 WASHINGTON ST 214 WASHINGTON ST 216 WASHINGTON ST 220 WASHINGTON ST 230 WASHINGTON ST 2 S LINN ST LAND ASSESSED VALUE $8Z,600 $165,200 $110,250 $85,850 $193,160 $94,440 $98,730 $85,850 $594,360 $179,990 $100,300 $140,430 $582,600 $201,000 BUILDING & IMPROVEMENT ASSESSED VALUE $189,270 $271,960 $138,650 $138,650 $240,670 $213,650 $175,980 $159,980 $1,676,460 $2,436,280 $261,230 $272,510 $195,530 $351,770 TOTAL $271,870 $437,160 $248,900 $224,500 $433,830 $308,090 S274,710 $245,830 $2,270,820 $2,616,270 S361,530 $412,940 $778,130 $552,770 PARCEL # 1010376001 1010376002 1010376003 1010376004 1010377001 1010377002 1010377003 1010377004 1O10377005 1010377007 1010377008 1010377009 1010377010 1010378001 Page 5 OWNER'S NAME & MAILING ADDRESS THE CITIZEN BUILDING LIMITED PAR 319 E WASHINGTON ST #111 IOWA CITY f IA 52240 ROBERT WALLACE FOX PO BOX 5537 CORALVILLE , IA 52241-5537 M.S.D.H. ASSOCIATES 122 S LINN ST IOWA CITY , ]A 52240 MASONIC ASSOCIATION 312 COLLEGE ST IOWA CITY , IA 52240 WALTER A DOBRIAN & LOUISE DOBRIA 316 DARTMOUTH ST IOWA CITY , IA 52245 CAMAY ENTERPRISES COMPANY, LTD. 3725 FOREST GATE DR NE IOWA CITY , [A 52240 CRAIG HAESEMEYER 223 ACCOUNT MANAGEMENT 218 E WAS IOWA CiTY IA 52240 CENTRAL STATES THEATRES CORP 414 INSURANCE EXC.BLDG 505 FIFTH DES MOINES [A 50307 HAWKEYE-BAY STATES L L C 9 WESTVIEW ACRES NE IOWA CITY IA 52240 D K TRUST % IOWA STATE BANK PO BOX 1700 IOWA CITY [A 52244 DEAN G OAKES & BARKER DEVELOPMEN PO BOX 1456 IOWA CiTY IA 52244 STEPHEN A MOSS 6 KENRUTH C]R NE IOWA CiTY IA 52240 LENOCH & CILEK 1558 MALL DR IOWA CITY IA 52240 UNIVERSITY OF IOWA FACILITIES CO PO BOX 4550 IOWA CITY IA 52244-4550 PROPERTY ADDRESS 319 WASHINGTON ST 108 S LINN ST 122 S L[NN ST 312 COLLEGE ST 229 WASHINGTON ST 227 WASHINGTON ST 223 WASHINGTON ST 217 WASHINGTON ST 207 WASHINGTON ST 114 S DUBUQUE ST 118 S DUBUQUE ST 124 S DUBUQUE ST 130 S DUBUQUE ST 125 WASHINGTON ST LAND ASSESSED VALUE $195,750 $387,600 $283,500 $44,250 $251,600 $100,300 $185,560 $315,950 $589,060 $200,800 $225,000 $150,000 $500,000 $451,800 BUILDING & IMPROVEMENT ASSESSED VALUE $232,300 $854,540 $882,990 $109,890 $345,7'/0 $271,210 $606,420 $363,440 $1,138,800 $263,480 $390,330 $296,300 $727,710 S371,540 TOTAL $428,050 $1,242,140 $1,166,490 $154,140 $597,370 $371,510 $791,980 $679,390 $1,727,860 $464,280 $615,330 $446,300 $1,227,710 $823,340 PARCEL # 1010378002 1010378003 1010378004 1010378005 1010378006 1010378007 1010378008 1010378009 1010378010 1010378011 1010378012 1010378013 1010378014 1010378015 Page 6 OWNER'S NAME & MAILING ADDRESS UNIVERSITY OF IOWA FACILITIES CO PO BOX 4550 IOWA CITY IA 52244-4550 UNIVERSITY OF IOWA FACILITIES CO PO BOX 4550 IOWA CITY IA 52244-4550 JOHN S KOZA 209 LEXINGTON AVE IO~/A CiTY IA 52246 JOHN S KOZA 209 LEXINGTON AVE IOWA CITY IA 52246 ALAN WIDISS 316 KIMBALL RD IOWA CITY IA 52245 ALAN WIDISS 316 KIMBALL RD IOWA CITY [A 52245 ALAN WIDISS 316 KIMBALL RD IOWA CITY IA 52245 YOUNKERS 750 LAKESHORE PKY BIRMINGHAM AL 35211 IO~/A STATE BANK & TRUST CO % YOUNKERS INC PO BOX 20080 JACKSON MS 39289 YOUNKERS 750 LAKESHORE PKY BIRMINGHAM AL 35211 NUSSOYD BUILDING COMPANY L L P 508 RIVER ST IO~4A CITY IA 52246 NUSSOYD BUILDING COMPANY L L P 508 RIVER ST IOWA CITY IA 52246 IOWA STATE BANK & TRUST CO 102 S CLINTON ST IOWA CITY IA 52240 IOWA STATE BANK & TRUST CO 102 S CLINTON ST IOWA CITY IA 52240 PROPERTY ADDRESS 109 S DUBUQUE ST 109 S DUBUQUE ST 111S DUBUQUE ST 115 S DUBUQUE ST 123 WASHINGTON ST 121 WASHINGTON ST 119 WASHINGTON ST 115 WASHINGTON ST 113 WASHINGTON ST 111 WASHINGTON ST WASHINGTON ST 109 WASHINGTON ST 107 WASHINGTON ST 102 S CLINTON ST LAND ASSESSED VALUE $90,000 $0 $95,000 $95,000 $118,000 $118,000 $118,000 $247,300 $118,250 $133,000 $3,080 $80,000 $72,000 $380,950 BUILDING & IMPROVEMENT ASSESSED VALUE $0 $65,620 $160,310 $171,760 $153,620 $186,720 $169,210 $464,580 $286,120 $374,170 $0 $158,120 $108,710 $996,750 TOTAL $90,000 $65,620 $255,310 $266,760 $271,620 $304,720 $287,210 $711,880 $404,370 $507,170 $3,080 $238,120 $180,710 $1,377,700 PARCEL # 1010378017 1010378018 1010378019 1010378020 1010378021 1010378022 1010378023 1010378024 1010378025 1010379001 1010380003 1010380004 1010380005 1010380006 Page 7 O~/NER'S NAME & MAILING ADDRESS ENZLER'S 118 S CLINTON ST IOWA CITY IA 52240 MARK R PIEPER 1243 DEVON DR NE IOWA CITY IA 52240 EADIE F & MARK R WEAVER 604 PARK RD IOWA CITY IA 52246 TULA MARLAS & CHRIST MARLAS 425 RIVER ST IOWA CITY IA 52246 HENRY W LOUIS 506 COLLEGE ST IOWA CITY IA 52240 JOHN E SCHUPPERT ET AL 1641 MORNINGSIDE DR IOWA CiTY IA 52245 JAMES MONDANARO 114 COLLEGE ST %FRESH FOODS CONC IOWA CITY IA 52240 120 BUILDING CO PO BOX 2150 IOWA CITY ]A 52244 PLAZA CENTRE ASSOCIATES 125 S DUBUQUE ST PLAZA CENTRE SU IOWA CITY IA 52240 OLD CAPITOL MALL ASSOCIATES L P 437 GRANT ST SUITE 1600 PITTSBURGH PA 15219 MIP IOWA CITY LLC 210 S DUBUQUE ST IOWA CITY IA 52240 COLLEGE BLOCK PARTNERS ~D J ZASTROW 9 S MT VERNON DR IOWA CITY IA 52245 RUTH V SWISHER REVOCABLE TRUST 2701 WEST AVE BURLINGTON IA 52601 RUTH V SWISHER REVOCABLE TRUST 2701 WEST AVE BURLINGTON IA 52601 PROPERTY ADDRESS 114 S CLINTON ST 124 S CLINTON ST 138 S CLINTON ST 150 S CLINTON ST 110 COLLEGE ST 112 COLLEGE ST 114 COLLEGE ST 118 COLLEGE ST 125 S DUBUQUE ST 201S CLINTON ST 210 S DUBUQUE ST 127 COLLEGE ST 121 COLLEGE ST 117- COLLEGE ST LAND ASSESSED VALUE $353,750 $65,000 $250,000 $164,400 $102,000 $112,250 S236,000 $236,000 $790,Z00 $3,661,600 $1,305,760 $241,900 $277,300 $194,700 BUILDING & IMPROVEMENT ASSESSED VALUE $513,470 $63,300 $351,290 $142,720 $110,800 $160,330 $379,710 $329,730 $3,660,200 $17,155,180 $12,056,500 $252,590 $440,080 $224,450 TOTAL $867,220 $128,300 $601,290 $307,120 $212,800 $272,580 $615,710 $565,730 $4,450,400 $20,816,780 $13,362,260 $494,490 $717,380 $419,150 PARCEL # 1010380007 1010380008 1010380009 1010380010 1010380011 1010380012 1010380013 1010380014 1010380015 1010380018 1010380019 1010381001 1010381002 1010381003 Page 8 OWNER'S NAME & MAILING ADDRESS NANCY A FAUX-BURHANS 115 COLLEGE ST IOWA CITY IA 52240 CLINTON STREET PARTNERS 111E COLLEGE ST PLAZA IOWA CITY IA 52240 ROBERT C STEWART 1025 SUMMITT HILLS LN NAPERVILLE IL 60563-2240 THE MOEN GROUP 123 N LINN ST SUITE 300 IOWA CITY IA 52245 MICHAEL S, CHRISTINE M & MARC B C/O RENTALS BY IVETTE PO BOX 576 IOWA CITY IA 52244 MICHAEL S, CHRISTINE M & MARC B C/O RENTALS BY IVETTE PO BOX 576 IOWA CiTY IA 52244 LELAND NOVOTNY & GENE NOVOTNY 903 SOUTHLAWN DR IOWA CITY [A 52245 RICHARD M YOCK & M ANN KARLBERG 5958 ALLERTON DR ROCKFORD IL 61114 KEITH D & K[MBERLEE VILLHAUER 2630 PRINCETON RD IOWA CITY IA 52245 VIVIAN MANN 1916 MAPLE CIRCLE WEST DES MOINES IA 50265 HAWKEYE STATE BANK P.O. BOX 1697 IOWA CITY IA 52244 SOUTH LINN PARTNERS 414 MARKET ST IOWA CITY IA 52240 LEFF, LEFF, HAUPERT & TRAW BUILD 222 S LINN ST PO BOX 2447 IOWA CITY IA 52244 NANCY G KENNEDY 2 ASHWOO0 DR IOWA CITY IA 52245 PROPERTY ADDRESS 115 COLLEGE ST 111 1/2 COLLEGE ST 109 COLLEGE ST 103 COLLEGE ST 210 S CLINTON ST 212 S CLINTON ST 224 S CLINTON ST 228 S CLINTON ST 102 E BURLINGTON ST 120 E BURLINGTON ST 229 S DUBUQUE ST 307 COLLEGE ST 220 S LINN ST 224 S LINN ST LAND ASSESSED VALUE $129,800 $230,100 $112,100 $313,600 $63,000 $172,550 S219,170 $93,170 $163,930 $168,150 $398,600 $398,250 $125,000 $87,500 BUILDING & IMPROVEMENT ASSESSED VALUE $193,390 $437,390 $173,110 $594,350 $147,000 $381,160 $331,010 $216,430 $62,450 $179,530 $1,005,930 $482,250 $333,080 $82,080 TOTAL $323,190 $667,490 $285,210 $907,950 $210,000 $553,710 $550,180 $309,600 $226,380 $347,680 $1,404,530 $880,500 $458,080 $169,580 PARCEL # 1010381004 1010381005 1010436003 1010436004 1010436005 1010452001 1010459001 1010459002 1010459004 1010459005 IC00000666 XX58008002 XX58010005 XX59145000 Page 9 OWNERIS NAME & MAILING ADDRESS MACHT, INC 19-21S DUBUQUE ST IOWA CITY IA 52240-3902 JAMES A & LORETTA C CLARK 414 E MARKET ST IOWA CITY IA 52240 DENNIS VISSER 328 WASHINGTON ST IOWA CITY IA 52240 JOE ROHWEDDER 720 3RD AVE IOWA CITY IA 52245 DAVIS BUILDING % BRUCE R GLASGOW 834 N JOHNSON IOWA CITY IA 52245 SOUTHGATE DEVELOPMENT COMPANY IN P.O. BOX 1907 IOWA CITY IA 52244-1907 MAIN STREET PARTNERS 414 E MARKET ST IOWA CITY IA 52245 ZAVASH ZAREI & ZOHREH A ASADZADE 1746 BROWN DEER RDG CORALVILLE IA 52241 JOHN & PAMELA S DANNEMAN 313 S LOCUST ST MONTICELLO [A 52310 GWG INVESTMENTS % JUDY HOUGHTON 3370 KENRUTH CIR IOWA CITY IA 52240 410 WASHINGTON STREET IOWA CITY o IA 52240 LORA ALBERHASKY 14 S LINN ST IOWA CITY IA 52240 LORA MARIE ALBERHASKY 14 S LINN ST IO~A CITY , IA 52240 MARNET PROPERTIES %BENJAMIN C SUITE 201 218 E WASHINGTON ST IOWA CITY , IA 52240 PROPERTY ADDRESS 304 E BURLINGTON ST 310 E BURLINGTON ST 328 WASHINGTON ST 330 WASHINGTON ST 332 WASHINGTON ST 325 WASHINGTON ST 315 COLLEGE ST 322 E BURLINGTON ST 225 S GILBERT ST 340 E BURLINGTON ST DUBUQUE/COLLEGE 14 S LINN ST S LINN ST 218 WASHINGTON ST LAND ASSESSED VALUE $148,800 $283,200 $212,400 $99,120 $94,880 $371,000 $545,750 $94,400 $0 $156,800 $0 $115,000 $92,500 $135,410 BUILDING & IMPROVEMENT ASSESSED VALUE $194,310 $1,237,510 $402,950 S154,400 $408,830 $1,072,320 $4,304,430 S648,880 $173,170 $702,420 $0 $93,580 $1,350 $204,500 TOTAL $343,110 $1,520,710 $615,350 $253,520 $503,710 Sl,443,320 $4,850,180 S743,280 S173,170 $859,220 $0 $208,580 S93,850 $339,910 PARCEL # OWNERmS NAME & MAILING ADDRESS PROPERTY ADDRESS LAND ASSESSED VALUE BUILDING & IMPROVEMENT ASSESSED VALUE TOTAL Grand TotaLs Records printed: 125 $26,612,980 $75,159,350 ........... $101,772,330 Page 10 Addendum 3 Central Business District Urban Revitalization - Existing Zoning TY OF IOWA ml i i WASH N C TON II I I II I I II B2 P i I Addendum 4 VACANT (Ret~ail/Office/Non-Residential) RESIDENTIAL RELIGIOUS COMMERCIAL & RESIDENTIAL i--;~vvvvvvvvvvvvvvvv~ /I .................. ~t~vvvvvvvvvvvvvvvvv ,EiiiXxXXXXXXXXXXXX~Yv~ '1 CITY OF IO~:A CITY I ,I t i IOWA AVE , IOWA AVE <,' City of Iowa City : Ci~y of Iowa City ~X:7:~ :."~ ~/'~""~'- E WASHINGTON ST ': ..... "I "'E WASHi~:GTON ST ~ City of iowa City E COLLEGE ST E COLLEGE ST E BURLINGTON ST vvv Xvvv,/vvv Ld , .v, ,v, ~. ' .';/ 'x:' -f v'-, Central Business District Urban Revitalization Area Existing Land Uses Downtown Urban Revitalization Total Taxable Value of City $1,726,000,000 Total Taxes (City only- 13.8 rate) $24,148,000 Commercial Tax Value $718,000,000 Downtown'Tax Value $101,000,~ of Commercial Value 14.2'% of Total Taxable Val, ue 5.9% Downtown Taxes (City) $1,4-'09,000 mgr/dowmow~.doc Prepared by: David Schoon, Eco. Dev. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5236 RESOLUTION NO. RE~ FOR IRBAN WHEREAS, pursuant to an area of the city as an exemptions for improvements WHEREAS, the proposed Urban as: All of Blocks 61-66 and 80-84, Ori )N DETERMINING NECESSITY AND SETTING A PUBLIC HEARING CENTRAL BU ESS DISTRICT 24, 1999, ON A PROPOSED ip~AU.pONS 3N PLAN FOR A ED URBAN AREA IN THE CITY OF IOWA CITY, / lan revitalization area ~roperties; and Area/includes and consists of the area described // / tl/T0wn, Iowa City, Iowa, and WHEREAS, the City Council must follow th :utory criteria set forth in Iowa Code Chapter 404 when designating an area as an urban reVita area. This procedure includes adoption of a resolution finding that the rehabilitation, ~, redevelopment, economic development, or a combination thereof of the area is ~ecessary in hs~heeinterest of the public health, safety, or welfare of the residents of the city anc~/the area meet criteria of §404.1; and WHEREAS, Iowa Code §404.1 provides that the City Coun~cil may designate an area of the city as t \\~ WHEREAS, Section 403.17 ddines an economic development a~ea as the following: " · ..... t f moderate income f milies, including single or multifamily hous~g." WHEREAS, Section 403 17 defines a historic prese~ation area as the~llowing: ,~,, An area in whi there is a predominance of buildings or improvements which by reason of downtown revitalization, and suppo~s the use of financial incentives to facilitate achieving the Comprehensive Plan's economic well-being goals; and WHEREAS, the adopted Iowa City Historic Preservation Plan promotes the use of local economic incentives, including property tax exemption, to preserve or restore historic and/or architecturally significant buildings; and Resolution No. Page 2 WHEREAS, the proposed Central Business District Urban Revitalization Area contains a predominance of buildings or improvements which by reason of age, history, architecture or significance should be preserved or restored to productive use; and WHEREAS, the incentives created by said Chapter 404 are necessary to preserve historic structures in the proposed urban revitalization area and to encourage non-residential commercial developments in the proposed urban revitalization area; and WHEREAS, the City Council has reasonable cause to believe that the a~derdescribed above satisfies the eligibility criteria. designation as an urban revitalization area Iowa law; and WHEREAS, Iowa Code proposed revitalization area; and WHEREAS, Iowa Code Chapter urban revitalization plan for an urban of real property located in the accordance with Iowa Code §362.3; and WHEREAS, Iowa Code Chapter 404 furtht notification shall be given by ordinary mail to to the "occupant" of city addresses located by the thirtieth day prior to the public hearing; an~ requires the City to prepare a evitalization plan for the requires the City Council t hold a public hearing on an / ,/ requires that,' in addition to notice by publication, last known address of the owners of record and the proposed area. These notices shall be given WHEREAS, the only reasonably current and com list for city addresses located within the proposed area is contained in R. L. Polk Company's Directory. \ NOW, THEREFORE, BE IT RESOLVED BY THE CIT~Y COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: "',.~ \ 1. The facts stated above in the preamble are true ana',correct statement of the conditions in the proposed Central Business District Urban Revita~ation Area and of the necessity for its designation as an urban revitalization area. \ 3. The rehabilitation, conservation, redevelopment, or \economic development or a combination thereof of Central." Business District Urban Re~italization Area is necessary in the interest of the public health, safety, or welfare of the residents of the city of Iowa City, Iowa. ., 4. The City staff is directed to,,' prepare an ordinance designatin the area, legally described above as the Central Business District Urban Revitalization A ea for consideration by this Coun~'il in conjunction wi,th the public hearing on the propo?e~Central Business District Urban Revitalization Plan,: 5. The City Council will h(~ld a public hearing on the proposed ntral Business District . 6. The City Clerk is authorized and directed to publish the attached notice of the public hearing in the Iowa City Press-Citizen, once on a date not less than thirty (30) days before the date of said public hearing. 7. The City staff is hereby authorized and directed to give notice of the public hearing by ordinary mail to the owners of record of property and occupants of city addresses located within the proposed Central Business District Urban Revitalization Area, except that the Resolution No. Page 3 requirement for notice by ordinary mail to an occupant of a city address within said area is waived to the extent that an occupant's address is not accurately stated in R. L. Polk's City Directory. The City staff is hereby directed to place a copy of the proposed Central Business District Urban Revitalization Plan on file in the office of the City Clerk. Passed and approved day of 1999. MAYOR ATTEST: CITY CLERK It was moved by and adopted, and upon roll call there were: AYES: NAYS: ./" ABSENT: / / / ecodeWes~cbdrev.doc I I / / / / / the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Busine. District Urban Plan 1999 SECTION 6: REPEAL OF ORDINANCE When in the o~inion of the City Council the desired level of revitalization has economic condi,tions are such that the continuation of the exemption grantel Revitalization Pla0 would cease to be of benefit to the City, the City Counci ordinance establi~13ing the CBD Area. In that event, all existing exempti · .\ until their exp~rat~or~;~ Approved By or this CBD repeal the s shall continue City Attorney's Office Shared\ecodev\cbdupr.doc 11 Central Business District Urban Revitalization Plan TELEPHONE: 319.351.3900 MOBILE: 319.430.3010 MARC B. MOEN ATTORNEY AT LAW SUITE 300, BREWERY SQUARE 123 NORTH LINN STREET IOWA CITY, IOWA 52245 E-MAIL: mmoen@uiowa. campuscwix.net FACSIMILE: 319.354.0559 July 2, 1999 Sarah Holecek City Attomey's Office 410 E. Washington St. Iowa City, IA 52240 David Schoon Planning Department 410 E. Washington St. Iowa City, IA 52240 RE: Revitalization Dear Sarah & David: Enclosed please find our request that the area be designated for revitalization as a blighted area. Designation as economic development would not provide sufficient, if any, assistance with taxes, based on your advice that you will be using the January 1999 assessment as the base even though only a base lot is all that remains. Yours .... MBM:nms Enc;. Request to designate Lot 4 of block 82 as a revitalization area pursuant to Iowa Code section 404.1 as a blighted area. Prior to the fire of March 26, 1999 this area consisted of: 212 South Clinton Street - Mondo's Restaurant and 10 apartments 210 South Clinton Street - Iowa Hair Cutting Co. and 2 apartments 103 East College Street - Mid America Securities, Getman Campus Optical and 2 floors of offices. 105 East College Street - Cost Cutters Hair Salon and 2 floors of offices. After the fire the buildings at 210 and 212 South Clinton Street were totally deteriorated due to the fire and the buildings at 103 East College and 105 East College suffered devastating damage due to the fire. Iowa Code section 404.1 (2) provides that an area may be designated as a revitalization area: 1. If one or more enumerated conditions: (a) substantially impairs or arrests the sound growth of a municipality; OR (b) retards the provision of housing accommodations; OR (c) constitutes an economic or social liability; AND in its PRESENT condition is a menace to the public: (a) health; OR (b) safety; OR (c) welfare Following is an analysis of Iowa Code section 404.1(2) in relation to lot 4. block 82: Iowa Code section 404.1 (2) contains a list of conditions of which any one, or combination of more than one, authorizes designating an area as a revitalization area. The conditions from that list which are applicable to lot 4 of block 82 include: A. SUBSTANTIAL NUMBER OF DETERIORATED OR DETERIORATING STRUCTURES. discussion: The buildings at 210 and 212 South Clinton were totally deteriorated due to the fire. The buildings at 103 and 105 East College Street were severely deteriorated due to the fire and water damage. The entire East College Street structure had to be shored up with structural steel to allow the removal and replacement of the entire 3 story south wall. To date renovation costs are $552,029.21 and will likely exceed $700,000.00 by the time the project is complete. Even after completion of that renovation the building will continue to suffer and be cornpromised due to the absence of the abutting building. For over 100 years the East College Street properties shared a common wall with the property at 210 South Clinton Street. The result of the condition of the site now is that the College Street structures continue to flood. The flooding is in the electrical room and in the boiler room which are two separate areas and are both along the south wall. Over $40,000.00 was invested since the fire to replace the electrical service on that south wall due to its destruction from the water used to fight the fire. Constant monitoring and pumping of water is required due to the deterioration of the site. In short every building in the proposed revitalization area has been either totally deteriorated or substantially deteriorated. The proposed area constitutes a significant portion of the frontage on the main street running through downtown Iowa City. B. UNSAFE CONDITION discussion: the site of the former Clinton Street buildings now consists of unsightly and unsafe foundation walls enormous concrete pillars; old stairways; and old doorways to old underground rooms. C. DETERIORATION OF SITE OR OTHER IMPROVEMENTS discussion: The site and improvements for both the former Clinton Street buildings and the East College Street buildings are severely deteriorated. The effects on the East College Street structures was devastating as discussed in part "A" above. Electrical Service to the Clinton Street Buildings was totally destroyed and the Electrical Service to the East College Street buildings had to be completely replaced at a cost in excess of $40,000.00. Gas service was cut to the East College Street properties and had to be restored. Gas service to the Clinton Street site was destroyed and must be replaced. The phone service to the Clinton Street properties was totally destroyed as was the phone service to the East College Street buildings. At significant cost, temporary phone lines have been run to the numerous businesses located in the East College Street buildings. Some businesses have been unable to return. Sprint had a facility at the East College Street property and 900 pair cable were destroyed and restoration has not begun and may never be possible or feasible. Sprint had its own electrical service which was destroyed and has still not been restored. All condensing units were destroyed for the East College Street businesses and had to be replaced and totally re-piped into the building. Restoration work has continued non stop since the day of the fire to restore the East College Street properties and the efforts continue. Effects of these conditions (alone or in combination): 1. Impairment to sound growth of Iowa City: -the proposed area is a highly visible area on the main downtown street of Iowa City. The blighted condition as it stands now is certainly an impairment to growth of Iowa City, a city that is already experiencing significant vacancies. Restoration of this site in a quality manner is imperative to the sound growth of Iowa City. 2. Retarding the provision of housing accommodations: -the destroyed building housed 12 apartments in a prime area where no parking was allowed. Failure to densely develop this site with residences would severely retard badly needed housing accommodations of this type. 3. Economic or Social Liability -the area in its present condition both an economic liability to the city and is a social liability. Iowa City is at a time when it needs to revitalize its downtown and this now blighted area is a major detraction from that. It also takes off the tax rolls a valuable structure. Revitalizing this blighted area is an opportunity to increase the tax base significantly. The only remaining question is whether this area in its PRESENT condition is a menace to: (a) the public health; OR (b) the public safety; OR (c) the public welfare. The present condition of the area can certainly be said to be a menace to public health and safety. Moreover, there can be no question that it is a menace to the public welfare. Black's Law dictionary defines menace as "a threat" and defines public welfare as "the prosperity, well- being, or convenience of the public at large, or of a whole community .... "This is a highly visible site covering a significant percentage of the main street in our community. The prosperity of Iowa City general and of the downtown area is greatly impacted by the current condition of the area, and is impacted by the loss of a significant commercial structure and commercial enterprise. Numerous merchants have expressed concern over the loss to downtown businesses. Not just because the former building is gone but because of the devastating social impact the loss of a maj or restaurant has had to downtown pedestrian traffic and the effect on numerous businesses. The proposed area is clearly a blighted area. It certainly meets the tests set forth in Iowa Code section 404.1 (2) and in fact is a prime example of the purpose of that section. This highly visible downtown area needs to be rebuilt quickly and with integrity for the good of the entire community and for the continued viability of downtown Iowa City. The City should be pro- active this time and not wait until it is too late to assure the proper revitalization of this crucial area. §404.1, URBAN REVIT.~I.VI.&TION TAX EXEMPTIONS improvements, diversity of ownership, tax or spe- cial assessment delinquency exceeding the actual value of the land, defective or unusual conditions of title, or the eXistence of conditions which endan- ger life or property by fire and other causes, or a combination of such factors, substantially impairs or arrests the sound growth of a municipality, re- tards the provision of housing accommodations or constitutes an economic or social liability and is a menace to the public health, safety, or welfare in its present condition and use. ~ 3. An area in which there is a predominance of buildings or improvements which by reason of age, history, architecture or significance should be pre- served or restored to productive use. 4. An area which is appropriate as an economic development area as defined in section 403.17. [C81, §404.1] 91 Acts, ch 214, §6, 7 404.2 Conditions mandatory. A city or county may only exercise the authority conferred upon it in this chapter afar the following conditions have been met: 1. The governing body has adopted a resolution finding that the rehabilitation, conservation, rede- velopment, economic development, or a combina- tion thereof of the area is necessary in the interest of the public health, safety, or welfare of the resi- dents of the city, or county as applicable, and the area substantially meets the criteria of section 404.1. 2. The city or county has prepared a proposed plan for the designated revitalization area. The proposed plan shall include all of the following: a. A legal description of the real estate forming the boundaries of the proposed area along with a map depicting the eXisting parcels of real estate. b. The eXisting assessed valuation of the real estate in the proposed area, listing the land and building values separately. c. A list of names and addresses of the owners of record of real estate within the area. d. The existing zoning classifications and dis- trict boundaries and the existing and proposed land uses within the area. e. Any proposals for improving or expanding city or county services within the area including but not limited to transportation facilities, sewage, garbage collection, street maintenance, park facili- ties and police and fire protection. f. A statement specifying whether the revital- ization is applicable to none, some, or all of the property assessed as residential, agricultural, commercial or industrial property within the des- ignated area or a combination thereof and whether the revitalization is for rehabilitation and addi- tions to eXisting buildings or new construction or both. If revitalization is made applicable only to some property within an assessment classification, the definition of that subset of eligible property must be by uniform criteria which further some h 11 t te h C~ t t /~p~l~anning objective identified in the plan. The city s a s a ow ong i is es imated that the area shall remain a designated revitalization area which time shall be longer than one year from the date of designation and shall state any plan by the city to issue revenue bonds for revitalization proj- ects within the area. For a county, a revitalization area shall include only property which will be used as industrial property, commercial property, com- mercial property consisting of three or more sepa- rate living quarters with at least seventy-five per- cent of the space used for residential purposes, or residential property. However, a county shall not provide a tax exemption under this chapter to com- mercial property, commercial property consisting of three or more separate living quarters with at least seventy-five percent of the space used for resi- dential purposes, or residential property which is located within the limits of a city. For purposes of this chapter, commercial or in- dustrial property includes lands and buildings as- sessed pursuant to sections 428.24 through 428.29, except electric power generating plants, as defined in section 428.37. g. The provisions that have been made for the relocation of persons, including families, business concerns and others, whom the city or county antic- ipates will be displaced as a result of improve- mente to be made in the designated area. h. Any tax exemption schedule that shall be used in lieu of the schedule set out in section 404.3, subsection 1, 2, 3 or 4. This schedule shall not allow a greater exemption, but may allow a smaller ex- emption, than allowed in the schedule specified in the corresponding subsection of section 404.3. In the case of a county, the tax schedules used shall only be applicable to property of the type for which the revitalization area is zoned at the time the county designates the area a revitalization area. i. The percent increase in actual value require- ments that shall be used in lieu of the ~n and ten percent requirements specified in section 404.3, subsection 7 and in section 404.5. This per- cent increase in actual value requirements shall not be greater than that provided in this chapter and shall be the same requirements applicable to all eXisting revitalization areas. j. A description of any federal, state or private grant or loan program likely to be a source of fund- ing for that area for residential improvements and a description of any grant or loan program which the city or county has or will have as a source of funding for that area for residential improve- ments. 3. The city or county has scheduled a public hearing and notified all owners of record of real property located within the proposed area and the tenants living within the proposed area in accor- dance with section 362.3 or 331.305, as applicable. In addition to notice by publication, notification shall also be given by ordinary mail to the last 3245 403A.23 Eligibility of persons receiving public assistance. Any statute to the contrary notwithstanding, no person otherwise eligible to be a tenant in a munic- ipal housing project, shall be declared ineligible therefor or denied occupancy therein merely be- cause the person is receiving in some form public assistance such as federal supplemental security income or state supplementary payments, as de- fined by section 249.1, or welfare assistance, unem- ployment compensation, social security payments, etc. [C62, 66, 71, 73, 75, 77, 79, 81, §403A.23] 403A.24 Chapter controlling. The provisions of this chapter shall be control- ling, notwithstanding anything to the contrary contained in any other law of this state, or local or- dinance. Any action of a municipality or the gov- erning body thereof in carrying out the purposes of this chapter, whether by resolution, ordinance or otherwise, shall be deemed administrative in char- acter, and no public notice or publication need be made with respect to such action taken. [C62, 66, 71, 73, 75, 77, 79, 81, §403A.24] 403A.25 and 403A.26 Repealed by 72 Acts, ch 1092, §2. URBAN REVITAI,IZ&TION TAX EYE. MPTIONS, §404.1 403A.27 Percentage of rent as taxes. Any provision of this chapter notwithstanding, no housing project shall be approved unless as a condition at least ten percent of all rents and sup- plemental rental aid shall be paid annually as taxes to the office of the treasurer in the respective county in which said project is located, except as to the use of dwelling units in existing structures leased from private owners. [C71, 73, 75, 77, 79, 81, §403A.27] 403A.28 Public hearing required. The municipal housing agency shall not under- take any low-cost housing project until such time as a public hearing has been called, at which time the agency shall advise the public of the name of the proposed project? its location, the ~umber of liv- ing units proposed and their approximate cost. No- tice of the public hearing on the proposed project shall be published at least once in a newspaper of general circulation within the municipality, at least ~f~en days prior to the date s6t for the hear- ing. [C73, 75, 77, 79, 81, §403A.28] CHAPTER 404 URBAN REVITALIZATION TAX EXEMPTIONS Chapter 404 applies to all cities including special charter cities; 79 A~s, ch 84, §12 Contracts with city or county for ser~cos; see §364.19 404.1 Area established by city or county. 404.2 Conditions mandatory. 404.3 Basis of tax exemption. 404.4 Prior approval of eligibility. 404.5 Physical review of property by assessor. 404.6 404.7 404.8 Relocation expense of tenant. Repeal of ordinance. Productivity -- additional tax not applicable. Repealed by 83 Acts, ch 101, §129. 404.1 Area established by city or county. The governing body of a city may by ordinance, designate an area of the city or the ~overning body of a county may, by ordinance, designate an area outside the boundaries of a city, as a revitalization area, if that area is any of the follow- rag: 1. An area in which there is a predominance of whether residential or which by reason of dilapidation, obsolescence, inadequate provision ventilation, light, air, sanitation, or open high density of population and overcrowd- ing, the existence of conditions which endanger life or property by fire and other causes or a combina- tion of such factors, is conducive to ill health, trans- mission of disease, infant mortality, juvenile delin- quency or crime, and which is detrimental to the public health, safety, or welfare. ~ 2. An area which by reason of the presence of a substantial number of deteriorated or deteriorat- ing structures, predominance of defective or inade- quate street layout, incompatible land use rela- tionships, faulty lot layout in relation to size, adequacy, accessibility or usefulness, unsanitary or unsafe conditions, deterioration of site or other I July 8, 1999 Mr. Marc B. Moen, Attorney Brewery Square 123 N. Linn Street Iowa City, IA 52240 CITY OF I0 WA CITY Dear Marc: On July 2, Mayor Lehman, Karin Franklin, Sarah Holecek, David Schoon, and I met to discuss your request that Lot 4 of Block 82, including the Whiteway site, be designated an urban revitalization area based on the criteria of blight. We concluded that the condition of the downtown area, and more specifically the subarea of Lot 4/Block 82 does not, in our judgement, meet the definition of a blighted area as defined and intended by the Iowa Code, Chapter 404. However, although we do not believe that the requested area meets the definition of blight, upon our furlher discussions we do believe it would be appropriate to recommend designation of the downtown as an urban revitalization area based on the definition of economic development. In accordance with this recommendation to the City Council, and urban revitalization plan will need to be prepared that designates the Central Business District (the area generally bounded by Gilbert, Burlington, Capitol, and Iowa) as an urban revitalization area based upon economic development criteria. The formal process of consideration will begin at the Council's work session of July 12 where the formal recommendation will be presented. At their regularly scheduled formal meeting of July 13 a resolution setting a public hearing on August 24 will be proposed. Under the economic development criteria designation only the commercial component of your proposed project would be eligible for property tax exemption. As we seek Council approval and prepare the necessary documents for designation, David Schoon will be in contact with you. If you have any questions please feel free to call Karin Franklin or David Schoon. Sincerely, City Manager cc: City Council Karin Franklin David Schoon Sarah Holecek jw/ltr/sa-lot4 .doc 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319) 3.~6-5000 · FAX (319) 356-5009 P1 ,AZA CENTi NE SUITE IO~VA CITY, IOWA 5'2~-40 319-351-8698 Friday, July 09, 1999 Stephen J. Atkins, City Manager City of Iowa City 410 E. Washington Street Iowa City, IA 52240 Dear Stephen: Flint, we want to express our support for the $20 million dollar investment that is under way in downtown Iowa City, The Downtown has always been our 'place of business" and we, too, are enthusiastic about its role in the future of eastem Iowa. As you know Plaza Centre One was the first Urban Renewal Project set in place. As members of the downtown business community for over three decades, we encourage the vitality of this area. That is why we write you today. A method to bring new players into the Downtown is being conceived. It is an idea that readily fits into the plans City Council and you have - putting even more vigor the center of town. To continue as a strong player, PC1 needs creative ideas and other assistance from Iowa City at this time. Our hopes include expansion and realignment of Plaza Centre One's first floor to the west, incorporating the open area into a more eye catching, functional space. At this moment, one out-of-state group has strong interest in this Plaza location. Another part of the plan includes converting PC1 's five upper levels into condominiums. This event, we believe, would offer a platform for more professional offices situating in the business district. A stronger base for focus upon the needs of Downtown would be set with these new commitments from new people, For this endeavor, support for an allocation of parking spaces to the owners/users of PC1 is sought. Its location on the City Plaza at the northwest comer of Dubuque and College Walk makes a dependence upon availability of City sponsored off street parking. A policy for confirming parking would be of great interest to businesses considering employee relocation to Downtown. Another area we seek support is tax abatement under the Urban Revitalization Law. This is important for the plan to succeed. New owners/investors would be more confident to significantly invest in Downtown with this city support on the table. Too, these major investments and follow-up construction improvements would bode well for Iowa City. Again, we thank the Mayor, Director of Planning and you for the opportunity to present this proposal. We think the timing is good and the needs are great. We look forward to your response and offer our willingness and support to you plans for a greater downtown. John H. Lind and Richard F. Hansen for Plaza Centre Associates, L. C. CC: Mayor Emest Lehman Attachment City of Iowa City MEMORANDUM Date: July 9, 1999 To: ' ' ' ,oerevzlopme~~,~ David Schoon, Economic Development Coordinat Re: Central Business District Urban Revitalization Policy Proposal On the Council's July 13, 1999, agenda is a resolution of necessity and setting a public hearing for August 24 on a proposed Central Business District Urban Revitalization Plan. This item is precipitated by Marc Moen and Monica Moen's request for property tax exemption for a redevelopment project located on the former Whiteway Building site. Consideration of this policy is also precipitated by interest from other private property owners in downtown redevelopment. The rationale for suggesting the broader urban revitalization plan is presented below. Before explaining the rationale for this policy proposal, a refresher on tax exemption may be appropriate. Tax exemption or abatement is only on the added value brought to a property by some improvement. It does not apply to the routine appreciation of property in the market. Abatement does not decrease the taxes collected on the base value of property. An urban revitalization plan is required for abatement to occur. The plan cannot be limited to one lot or building. No up-front money is required from the City. This differs from tax increment financing in which the City commits to an expenditure of public funds and is reimbursed over time by the taxes collected on the added value of a property. Tax increment financing requires an urban renewal plan. Central Business District Urban Revitalization Plan The proposed Central Business District Urban Revitalization Area (CBD Area) includes the area generally bound by Gilbert, Burlington, and Capitol streets, and Iowa Avenue. This area is proposed, consistent with our Downtown Strategy and Comprehensive Plan guidance, to enhance and stimulate the revitalization of downtown. With the City's investment in improving the public spaces downtown, the next logical step is the stimulation of private sector redevelopment and improvements. Financial incentives, such as tax abatement, are one tool cities have to stimulate private investment without burdening the City's fiscal position. As noted above, tax abatement is on the value added to properties and not an abatement of taxes currently paid. Abatement can, therefore, be seen as an "investment" in ensuring the continued viability of downtown by encouraging private sector investment without the expenditure of public dollars. The plan proposes that this incentive be targeted to commercial redevelopment only, consistent with our goals for downtown and with the type of development most in need of encouragement. The plan also acknowledges the policy of the City to preserve our heritage of historic buildings and does not provide a tax incentive to any project which requires the demolition of an historic structure. Property Tax Exemption The resolution on the Council's agenda is the first step in establishing property tax exemption for qualified projects in the proposed urban revitalization area. The decision to designate an area an urban revitalization area should further a public policy - in this case encouraging the revitalization of commercial activity in the downtown Attachment 1 lists a proposed schedule for the steps in establishing property tax exemption for the site. The steps in the process are basically the following: The City designates an urban revitalization area by ordinance; the City then adopts, by resolution, an urban revitalization plan for the area. Once this has been established, a developer within the proposed urban revitalization area is able to apply to the City Council for property tax exemption for the added value of improvements to the site. Once the City Council grants the exemption, the application is sent to the City Assessor to determine if the added value of improvements meets all of the requirements. According to the proposed urban revitalization plan, projects within the revitalization area must meet all of the following criteria to qualify for property tax exemption: Qualified real estate includes real estate assessed as commercial property. Only the non-residential commercial component of a commercial property would qualify for property tax exemption. However, any reuse of a historic structure assessed as residential (owner-occupied housing - condominium units for example), residential commercial (rental housing), or non-residential commercial property shall be considered qualified real estate. Eligible construction includes rehabilitations, additions, and new construction. However, new construction that replaces structures identified in this CBD Revitalization Plan as historic and/or architecturally significant is not eligible for property tax exemption. · The design of any qualifying project must be reviewed by either the staff design review committee and City Council or by the Historic Preservation Commission. In order to be considered eligible, all improvements must increase the actual value of the property as of the first year for which an exemption is received by at least fifteen percent (15%) in the case of real property assessed as commercial property and by at least ten (1 O%) in the case of real property assessed as residential property. The proposed plan includes four tax exemption schedules, as provided by State law, from which an eligible property owner can select. State law requires that all urban revitalization areas within a city provide the same tax exemption schedules. Since these four schedules exist in other urban revitalization areas within the city, these four schedules would also be provided in the proposed CBD Area. The CBD Urban Revitalization Area would remain a designated revitalization area for a period of ten years. During this ten-year period, a qualified property owner in the area may apply for property tax exemption. The tax exemption schedule property owners select will be in effect from the date of City Council approval of tax exemption for the specific project. The Plan also contains relocation provisions in the event qualified tenants are displaced as a result of improvements to be made in the designated area due to action on the part of a property owner to qualify for benefits under this Plan. Rescinding Block 62 Urban Revitalization Plan & Urban Revitalization Area Ordinance In order to include Block 62 (the Citizen Building Block) as part of the CBD Urban Revitalization Plan and Area, it appears that the City will need to rescind the Block 62 Urban Revitalization Plan and its corresponding Urban Revitalization Area Ordinance. With the repeal of the Block 62 Plan and Area Ordinance, the Citizen Building exemption would continue until its expiration. Any new projects would need to meet the eligibility requirements of the new plan. Property Tax Exemption Available for the Moen Project Under the proposed CBD Plan, only the non-residential commercial component of the proposed Moen project would qualify for property tax exemption. Given that the proposed project is neither a low or moderate-income housing project nor a project restoring an historic and/or architecturally significant structure, the residential commercial component of the project would not qualify for property tax exemption. The only way the residential commercial component of the structure could have qualified for the exemption is if we designated the proposed area an urban revitalization area based on the definition of blight. As the enclosed correspondence indicates, staff cannot recommend establishing an urban revitalization area in the downtown based upon the definition of blight. We will both be at your July 12 work session to answer any questions you may have on the proposed Central Business District Urban Revitalization Plan and Area. Cc: Sarah Holecek Marc Moen Dan Hudson Bob Burns F:\DOWNTOWN\CDBD\CC0713 .DOC Attachment 1 Proposed Time Schedule - Regular Council Schedule Central Business District Urban Revitalization Plan July 13 August 24 September 14 September 28 October 6 City Council to Consider Resolution of Necessity & Resolution Setting Public Hearing on the CDB Urban Revitalization Plan for August 24 City Council to Hold Public Hearing on the CBD Urban Revitalization Plan. City Council to Give First Consideration of CBD Urban Revitalization Area Ordinance. Council to Give Second Consideration of CDB Urban Revitalization Area Ordinance. Council to hold Second Public Hearing on the CBD Urban Revitalization Plan, if necessary. Council to Pass and Adopt CBD Urban Revitalization Area Ordinance. Council to Adopt Resolution Approving CDB Urban Revitalization Plan. Publication of Ordinance. After Publication of CDB Ordinance, a Qualified Property Owner May Apply to City for Tax Exemption. F:\DOWNTOWN\CDBD\CC0713. DOC Prepared by: David Schoon, Econ. Dev. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5236 RESOLUTION NO. 99-243 RESOLUTION APPROVING A NEW JOB AND INCOME PROGRAM (NJIP) AGREEMENT BETWEEN THE CITY OF IOWA CITY, THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT, AND NATIONAL COMPUTER SYSTEMS TO ASSIST WITH A FACILITY EXPANSION WHEREAS, the purpose of the New Jobs and Income Program (NJIP) is to encourage relationships between the public and private sector by supporting mutual development objectives; and WHEREAS, the program is designed to encourage sustained profitability for businesses that invest and operate in Iowa in return for the desired state outcomes of new jobs and higher income; and WHEREAS, National Computer Systems meets NJIP eligibility requirements and the IDED Economic Development Board has authorized the Department to execute this Agreement to permit National Computer Systems to access program benefits; and WHEREAS, the City of Iowa City, as a Certified Participant, has negotiated certain terms with the Business to meet NJIP eligibility requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council finds that it is in the public interest to encourage economic development within the City; therefore, the New Jobs and Income Program Agreement between the City, the State, and National Computer Systems, copy of which is attached hereto, is hereby approved in form and substance. 2. The Mayor is authorized and directed to sign, and the City Clerk to attest, the attached Agreement. 3. The City Manager is hereby authorized and directed to take any additional actions necessary to carry out the terms of the attached Agreement. Passed and approved this 13th day of July ,1999. A'I'FEST:Ci/7~~L~RK~ ~. ecodev~es%njip.doc Resolution No. 99-243 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: X X X X X X X Champion Kub.by Lehman Norton O'Donnell Thornberry Vanderhoef IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT NEW JOBS AND INCOME PROGRAM (NJW) AGREEMENT NJIP AGREEMENT NUMBER: 98-06 APPLICATION APPROVAL DATE: September 17, 1998 THIS NEW JOBS AND INCOME PROGRAM CNJIP") 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, 410 East Washington Street, Iowa City, Iowa 52240CCommunity"), and National Computer Systems, 2510 North Dodge Street, Iowa City, Iowa 52245 ("Business"). WHEREAS, the purpose of NJIP is to encourage relationships between the public and private sector by supporting mutual development objectives; and WHEREAS, the program is designed to encourage sustained profitability for businesses that invest and operate in Iowa in return for the desired state outcomes of new jobs and higher income; and WHEREAS, the Business meets NJIP eligibility requirements and the IDED Economic Development Board has authorized the Department to execute this Agreement to permit the Business to access program benefits; and WHEREAS, the Community, as a Certified Participant, has negotiated certain terms with the Business to meet NJIP eligibility requirements, NOW 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 ACT. "Act" means 1997 Iowa Code sections 15.326-15.337. 1.2 AGREEMENT EXPIRATION DATE. "Agreement Expiration Date" means the date the Agreement ceases to be in force and effect. The Agreement expires upon the occurrence of one of the following: (a) this Agreement is terminated by the Department or the Community for any Event of Noncompliance under Article V; (b) five (5) years from the Application Approval Date or at the end of the five (5) year job maintenance period beginning with the date-the Business first meets its job creation obligation, whichever is later. 1.3 APPLICATION APPROVAL DATE. "Application Approval Date" means the date on which the IDED Economic Development Board approved the Business' NJIP application. 1.4 CREATED JOBS. "Created Jobs" means the new Full-time Equivalent (FTE) Jobs the Business will add to the Community. 1.5 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. NJIP contract format Fmt. Revised 2/7/97 NJIP Agreement # 98-06 Page 2 1.6 PROJECT. "Project" means the detailed description of the work, services, job creation requirements and other obligations to be performed or accomplished by the Business as described in this Agreement and the NJIP application approved by the IDED Economic Development Board. 1.7 PROGRAM ELIGIBILITY THRESHOLD WAGE. "Program Eligibility Threshold Wage" means the minimum median wage level that must be paid by a business to new, full-time, hourly, nonmanagement production workers in order to eligible for the NJIP. This wage level is the higher of at least $I 1.42 per hour or 130 percent of the average wage in the county in which the Community is located as certified by the Community in the NJIP application. The Program Eligibility Threshold Wage for this project is $16.70 per hour. ARTICLE II NJIP BENEFITS 2.1 BENEFITS AUTHORIZED. The following NJIP benefits authorized by the Act and IDED administrative rules are available to the Business under this Agreement: (a) StIPPLEMENTAL NEW JOBS CREDIT FROM WITItHOLDING. The Business may enter into an agreement with the Department of Revenue and Finance and a community college for a supplemental new jobs credit withholding in an amount equal to one and one-half percent (11/2%) of the gross wages paid by the Business to fund the program services for the additional project. (b) VALUE-ADDED PROPERTY TAX EXEMPTION. The resolution of the governing body of the Community, as its contribution to the Project and in consideration of the promises and convenants herein, has exempted from taxation, for a period of 10 years, a portion of the actual value added by improvements to real property directly related to new jobs created by the location or expansion of the Business under the program and used in the operations of the Business. The amount of the partial exemption is equal to a percent of the actual value added by the improvements, determined as follows: a) For the first year, eighty percent b) For the second year, seventy percent c) For the third year, sixty percent d) For the fourth year, fifty percent e) For the fifth year, forty percent f) For the sixth year, forty percent g) For the seventh year, thirty percent h) For the eighth year, thirty percent I) For the ninth year, twenty percent j) For the tenth year, twenty percent. (c) INVESTMENT TAX CREDIT. The Business may claim a corporate tax credit up to ten percent (10%) of the new investment which is directly related to new jobs created by the location or expansion of the Business under the program. (d) RESEARCH ACTIVITIES CREDIT. The Business may claim a corporate tax credit for increasing research activities in the state during the period the Business is participating in the program. The credit equals six and one-half percent of the State's apportioned share of the qualifying expenditures for increasing research activities and is in addition to the credit authorized in Iowa Code section 422.33(5). Any tax credit in excess of the tax liability may be refunded to the eligible business with interest or have the overpayment credited to its tax liability the following year. ° (e) REFUND OF SALES, SERVICE AND USE TAXES PAID TO CONTRACTORS OR SUBCONTRACTORS. The Business may apply for a refund of the sales and use taxes paid for gas, electricity, water or sewer utility services, goods, wares, or merchandise or on services rendered, furnished or performed to or for a contractor or subcontractor and used in the fulfillment of a written contract relating to the construction or equipping of a facility in the economic development area. To receive the refund an application must be submitted to the Iowa Dept. of Revenue and Finance within six (6) months of the expansion project completion. (f) EXEMPTION FROM LAND OWNERSHIP RESTRICTIONS FOR NONRESIDENT ALIENS. If owned by nonresident aliens, the Business may acquire and own up to 1,000 acres NJIP contract format Fmt. Revised 2/7/97 NJIP Agreement # 98-06 Page 3 of land and lease up to an additional 280 acres provided the Business is not actively engaged in farming in the economic development area. ARTICLE III REPRESENTATIONS AND WARRANTIES OF BUSINESS To induce the Department and the Community to authorize NJIP benefits referred to in this Agreement, the Business represents, covenants and warrants that: 3.1 AUTHORITY. The Business is 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 Business is duly authorized and empowered to execute and deliver this Agreement. All action on the Business' part, such as appropriate resolution of its Board of Directors for the execution and delivery of this Agreement, has been effectively taken. 3.2 BUSINESS INFORMATION. All financial statements and related materials concerning the Business and the Project provided to the Department and the Community 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. 3.3 APPLICATION. The contents of the application the Business submitted to the Department and the Community for NJIP funding (Attachment A) 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 key personnel of the Business since the date the Business submitted its application to the Department and the Community. 3.4 CLAIMS AND PROCEEDINGS. There are no actions, lawsuits or proceedings pending or, to the knowledge of the Business, threatened against the Business affecting in any manner whatsoever their rights to execute this Agreement or to otherwise comply with the obligations of the Business contained under this Agreement. 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 Business, threatened against or affecting the Business' ability to proceed with the Project. 3.5 PERMITS. All necessary permits have been issued or, if not issued, such have been disclosed to the Department and the Community in the Business' NJIP application as pending permit applications with reasonable expectation that they will be issued. ARTICLE IV COVENANTS OF BUSINESS The Business covenants with the Community and IDED that: 4.1 JOB CREATION AND MAINTENANCE. The Business shall create 69 new, full-time positions at the Project site within five (5) years of the Application Approval date. The Business shall maintain the created jobs for a period of at least five (5) years from the date the Business first meets its job creation obligation. 4.2 MEDIAN WAGE. The Business shall pay a median wage of $16.70 for new full-time hourly non- management production jobs. 4.3 INVESTMENT. The Business shall make a capital investment of $10,400,000. NJIP contract format Fmt. Revised 2/7/97 NJIP Agreement # 98-06 Page 4 4.4 MEDICAL AND DENTAL INSURANCE. The Business shall pay at least eighty percent (80%) of the cost of a standard medical and dental insurance plan for all full-time employees working at the Project site in which the new investment occurs. 4.5 ADDITIONAL REOUIREMENTS The Business will offer a pension plan to its full-time employees as stated in Exhibit A, of the Business' NJIP application 4.6 ADDITIONAL REQUIREMENTS The Business is in one of the State oflowa's target industry groups: Software development 4.7 ADDITIONAL REOUIREMENTS The Business will invest no less than 1% ofpretax profits in research and development in Iowa. 4.8 BUSINESS RETENTION. The Business shall have and maintain in the Community the Business premises, capital investment, machinery and equipment investment and operations at least through the Agreement Expiration Date. 4.9 RECORDS AND ACCOUNTS. The Business shall maintain job data information, books, records, documents and other evidence concerning the Project, in sufficient detail to permit the Department and the Community to assess compliance with the terms of this Agreement. The Business shall retain all records for a period of three (3) years from the Agreement Expiration Date. 4.10 ACCESS TO RECORDS/INSPECTIONS. The Business shall, without prior notice and at any time (during normal business hours), permit the Community and its representatives, the Department and its representatives, and/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 relating to the Project, and (iii) all other documentation or materials related to this Agreement; the Business shall provide proper facilities for making such examination and/or inspection. Records of the Business are subject to the provisions of Iowa Code chapter 22 and any administrative rules adopted by the Deparhnent concerning public records and requests for confidential treatment of records. 4.11 NOTICE OF PROCEEDINGS. The Business shall promptly notify the Community and IDED of the initiation of any claims, lawsuits, bankruptcy proceedings or other proceedings brought against the Business which would adversely impact the Project. 4.12 REPORTS. The Business shall prepare, sign and submit the following reports to the Department: Report_ Due Date Project Schedule Within 60 days of execution of this Agreement Annual Progress Report July 30 for the period ending June 30 Quarterly "Employer's Contribution and Payroll Report" May 10th and November 10th for the previous calendar quarter Semi-Annual Payroll Register with created full-time hourly non- management production jobs May 10th and November 10th for the payroll period ending April 30th and October 31 st respectively NJIP contract format Fmt. Revised 2/7/97 NJIP Agreement # 98-06 Page 5 paying a median of at least $16.70/hr. highlighted. Final "Employer's Contribution and Payroll Report" with created full-time hourly non-management production jobs paying a median of at least $16.70/hr. highlighted. Within 30 days after the Agreement Expiration Date (as established in the Project Schedule) Final Expenditure Summary Within 30 days of Agreement Expiration Date Payroll Register and "Employer's Contribution Payroll Register" 90 days past the Project Completion Date with created jobs highlighted Within 120 days of Agreement Expiration Date 4.13 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. 4.14 INDEMNIFICATION. The Business shall indemnify and hold harmless the Department, its officers and employees, from and against any and all losses incurred in the performance of this agreement, 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 incurred in the performance of this agreement, except those losses incurred by the Community resulting from willful misconduct or negligence on its or their part, which Business indemnified losses shall include losses of the Community incurred in indemnifying and holding harmless the Department under the provisions of this agreement and in the performance of this agreement. ARTICLE V NONCOMPLIANCE AND REPAYMENT 5.1 EVENTS OF NONCOMPLIANCE. Any of the following shall constitute an Event of Noncompliance under this Agreement: (a) MATERIAL MISREPRESENTATION. If at any time any representation, warranty or statement made or furnished to the Department or the Community by, or on behalf of, the Business in connection with this Agreement or to induce the Department or the Community to authorize or certify program benefits for the Business shall be determined by the Department or the Community 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 and/or Community's satisfaction within thirty (30) days after written notice by the Department or Community is given to the Business. (b) BREACH OF AGREEMENT. If there is a failure of the Business to comply with any of the covenants, terms or conditions contained in this Agreement. (c) RELOCATION OR ABANDONMENT. If there is a relocation or abandonment of the Business or jobs created under the Project. NJIP contract format Fmt. Revised 2/7/97 NJIP Agreement # 98-06 Page 6 (d) INSOLVENCY OR BANKRUPTCY. If the Business becomes insolvent or bankrupt, or admits in writing its inability to pay its debts as they mature, or makes an assignment for the benefit of creditors, or the Business applies for or consents to the appointment of a trustee or receiver for the Business or for the major part of its property; or if a trustee or receiver is appointed for the Business or for all or a substantial part of the assets of the Business and the order of such appointment is not discharged, vacated or stayed within sixty (60) 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 Business and, if instituted against the Business, is consented to, or, if contested by the Business is not dismissed by the adverse parties or by an order, decree or judgment within sixty (60) days after such institution. 5.2 NOTICE OF NONCOMPLIANCE. Upon the occurrence of an Event of Noncomplianee, the Department and/or Community shall issue a written notice of noncompliance providing therein a reasonable period of time in which the Business shall have an opportunity to cure, provided that cure is reasonably possible and feasible. If cure is not reasonably possible and feasible, no such notice and opportunity to cure shall be given, and the Department and/or Community may proceed to avail themselves of the remedies outlined herein. 5.3 REPAYMENT. In the event the Business does not remedy the noticed noncompliance within the time period provided in the notice, if notice is required, the Business shall repay the value of the incentives and tax exemptions received according to the provisions of 261 IAC 58.14 and as outlined below: (a) Failure to meet requirements. If the Business fails to meet any of its requirements under this Agreement, the Business shall repay to the local taxing authority and the Iowa Department of Revenue and Finance (DRF) the total value of the incentives received. The Community or DRF may exercise forbearance in connection with collection of the amounts owed to the community or DRF and elect to grant the Business a one-year period to meet its requirements under this Agreement.- (b) Failure to meet job creation requirements. In the event the Business fails to meet its job creation requirements, the Community may require the repayment of the value-added property tax exemption incentive received to date, said remedy of repayment to be at the sole discretion of the Community and a non- exclusive remedy. Other remedies for failure of the Business to meet its job creation requirements include the following: i. Repayment of investment tax credit. If the Business has not met more than 90 percent of the job creation requirements of Article 4.1, it shall repay a percentage of the value of the investment tax credit incentive received. ii. Calculation of repayment percentage. Repayment of the investment tax credit shall be calculated as follows: (1) Fifty percent or less of job creation. If the Business has met 50 percent or less of the requirement, the Business shall pay the same percentage in benefits as the Business failed to create in jobs. (2) More than 50 percent, less than 75 percent. If the Business has met more than 50 percent but not more than 75 percent of the requirement, the Business shall pay one-half of the percentage in benefits as the Business failed to create in jobs. (3) More than 75 percent, less than 90 percent. If the Business has met more than 75 percent but not more than 90 percent of the requirement, the Business shall pay one-quarter of the percentage in benefits as the Business failed to create in jobs. NJIP contract format Fmt. Revised 2/7/97 NJIP Agreement # 98-06 Page 7 (c) Failure to meet other requirements. If the Business fails to meet the wage requirement of Article 4.2 or any of the additional requirements pledged in Articles 4.5, 4.6 or 4.7, in any one year, it must meet that requirement in the following year or forfeit the Department incentives for that year in which the Business was not in compliance. If the Business fails to meet any of the other requirements of Article IV, the Community, at its sole discretion, may elect to require repayment of the value-added property tax exemption incentive received to date by the Business, notwithstanding the actions of the Department. However, this provision shall not preclude the Community, at its discretion, from requiring repayment of incentives received only for those years in which the Business was not in compliance. ARTICLE VI GENERAL TERMS AND PROVISIONS 6.1 COMPLIANCE WITH LAWS AND REGULATIONS. The Business shall comply with all applicable State and federal laws, rules (including the administrative rules adopted by the Department for the NJIP Program - 261 Iowa Administrative Code, chapter 58), ordinances, regulations and orders. 6.2 TERMINATION. This Agreement may be terminated by the Department in the event of an unremedied Event of Noneompliance under Article V of this Agreement. 6.3 SURVIVAL OF AGREEMENT. If any portion of this Agreement is held to be invalid or unenforceable, the remainder shall be valid and enforceable. 6.4 GOVERNING LAW. This Agreement shall be interpreted in accordance with the law of the State of Iowa, and any action relating to this 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. 6.5 MODIFICATION. This Agreement may only be modified by a written document signed by all Parties. 6.6 NOTICES. Whenever this 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. Any such notice given hereunder shall be deemed delivered upon the earlier of actual receipt or three (3) business days after posting. The Department may rely on the addresses of the Business and Community set forth heretofore, as modified from time to time, as being the addresses of the Community and Busine_ss. 6.7 WAIVERS. No waiver by the Department or the Community of any Event of Noncompliance hereunder shall operate as a waiver of any other Event of Noncompliance or of the same Event of Noncompliance on any future occasion. No delay on the part of the Department or the Communityin exercising any right or remedy hereunder shall operate as a waiver thereof. No single or partial exercise of any right or remedy by the Department or the Community shall preclude future exercise thereof or the exercise of any other right or remedy. 6.8 HEADINGS. The headings in this Agreement are intended solely for convenience of reference and shall be given no effect in the construction and interpretation of this Agreement. 6.9 INTEGRATION. This Agreement contains the entire understanding between the Community, Business and the Department and any representations that may have been made before or after the signing of this 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 Agreement. NJIP contract format Fmt. Revised 2/7/97 NJIP Agreement # 98-06 Page 8 6.10 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. 6.11 DOCUMENTS INCORPORATED BY REFERENCE. The following documents are hereby incorporated by reference: a. Attachment A, "Business' NJIP Application," 6.12 ORDER OF PRIORITY. In the event of a conflict between documents of this Agreement, the following order of priority shall govern: a. Articles 1 through 6 herein. b. Attachment A, "Business' NJIP Application," dated September 1, 1998. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the latest date shown below: FOR THE COMMUNITY: ~hman, Mayor ~:::~~ July 13, 1999 DATE FOR IDED: B istrator DATE Attest: FOR THE BUSINESS: [S' re] ~or, Vice Type or Print Name, Title June 24, 1999 DATE President NJIP contract format Fmt. Revised 2/7/97 Prepared by: David Schoon, Econ. Dev. Planner, 410 E. Washington St., City, IA 52240 (319) 356-5236 RESOLUTION NO. RESOLUTION APPROVING A NEW JOB AND AGREEMENT BETWEEN THE CITY OF IOWA CI OF IC DEVELOPMENT, AND NATIOI FACILITY EXPANSION PROGRAM (NJIP) THE IOWA DEPARTMENT COMPUTER SYSTEMS TO WHEREAS, the relationships between the and of the New Jobs blic and private secto Program (NJIP) is to encourage supporting mutual development objectives; WHEREAS, the program is invest and operate in Iowa in r{ income; and ned to er ~rn for e sustained profitability for businesses that desired state outcomes of new jobs and higher WHEREAS, the Business meets Development Board has authorized Business to access program P eligibility requirements and the IDED Economic to execute this Agreement to permit the WHEREAS, the Community, as Certified irticipant, has negotiated certain terms with the Business to meet NJIP eligibility uirements. NOW, THEREFORE, BE IT IOWA, THAT: BY THE COUNCIL OF THE CITY OF IOWA CITY, 1. The City Council find: within the City; the State, and approved in form 2. The Mayor is Agreement. 3. The City to carry it is in the public the New Jobs and Income Computer Systems, copy of ~d substance. to encourage economic development ~gram Agreement between the City, dch is attached hereto, is hereby and directed to sign, and the Clerk to attest, the attached er is hereby authorized and directed to take any of the attached Agreement. actions necessary Passed an< this day of , 9. MAYOR ATTEST: CITY CLERK ecodewes~njip.doc City of Iowa City MEMORANDUM Date: To: From: July 7, 1999 City Manager and City Council "- .......:~ David Schoon, Economic Development Coordinato~..~_-~~'k~~ New Jobs and Income Program Agreement for the National Computer Systems Project On the Council's agenda is a resolution approving the New Jobs and Income Program (NJIP) Agreement between National Computer Systems (NCS), the Iowa Department of Economic Development (IDED), and the City of Iowa City. The City Council approved the NJIP application last September. NCS, IDED, and City staff have just recently come to terms on the NJIP agreement. As you may recall, the Iowa New Jobs & Income Program (NJIP) provides a package of tax credits and exemptions to businesses that make a large capital investment and create jobs meeting wage and benefit targets. The program's benefits are only eligible to companies meeting all of the following criteria: 1. Create at least 50 new full-time non-management production jobs for at least 5 years. 2. Pay a median wage for new full-time non-management production jobs of at least 911.42 per hour or 130% of the average county wage for new jobs, whichever is higher. 3. Make a capital investment of at least ~ 10.38 million. 4. Provide at least 80% of the cost of a standard medical and dental insurance plan for all full-time employees at the new facility. 5. For existing Iowa companies to be eligible, they may not close or significantly reduce operations elsewhere in Iowa, and relocate the operation to the proposed community. In addition to these five criteria, National Computer System also met the following three criteria: · Provides several retirement plans/options and provides an employee stock ownership plan. · Provides high-quality, value-added services in the computer-related services industry. · Invest no less than 1% of the pretax profits in research and development in Iowa. Under the program the company receives incentives from the State in the form of a withholding tax credit; an investment tax credit; a research and development activity corporate tax credit; and a refund of any Iowa sales, service or use taxes paid to contractors during the construction of the project. For the NCS project, the City has committed to providing for a period of ten years partial exemption from taxation. The amount of the partial exemption is equal to a percent of the actual value added by the improvements, determined as follows: a) For the first year, eighty percent, b) For the second year, seventy percent c) For the third year, sixty percent d) For the fourth year, fifty percent, and e) For the fifth year, forty percent. f) For the sixth year, forty percent g) For the seventh year, thirty percent h) For the eighth year, thirty percent i) For the ninth year, twenty percent j) For the tenth year, twenty percent Based on a 82.3 million building addition and current tax rates, NCS would save approximately ~320,000 over the ten-year period. Over this same ten year period NCS will pay approximately $406,000 in property taxes (all taxing districts). I will be at July 13 Council meeting to answer any questions you may have on the agreement. Nancy Koehler, NCS Peggy Russell, IDED Karin Franklin, PCD Marty Kelly, ICAD Dan Hudson, City Assessor Prepared by: Kim Johnson, Project Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 99-244 RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JAMES W. AND ANNA M. BARKER FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY FOR A PORTION OF PARK ROAD IN IOWA CITY, IOWA. WHEREAS, James W. and Anna M. Barker are the fee owners of certain real estate addressed as 526 Park Road and described as follows: Lot 5, Black Parks Addition; and WHEREAS, James W. and Anna M. Barker, hereafter "Owners," have constructed a fence along the south side of their property addressed 526 Park Road, as indicated in Attachment A; and WHEREAS, said fence extends approximately two (2) feet into the right-of-way of Park Road adjacent to the property; and WHEREAS, Owners agree to remove the portion of fence intruding into the Park Road right-of-way at such time the City requires use of any part of the right-of-way for any purpose; and WHEREAS, Owners have requested the City permit temporary use of a portion of the Park Road right-of-way adjacent to the property; and WHEREAS, the City Engineering Division has reviewed the site plans, and finds the fence to be a minimal intrusion into the public right-of-way which will not adversely affect the City's interest therein; and WHEREAS, an agreement for temporary use of the Park Road public right-of-way containing certain conditions has been negotiated; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The Council finds that Owners' fence, which extends approximately two (2) feet into the Park Road right-of-way, constitutes a minimum intrusion, and will not adversely affect the City's interests in said right-of-way, so long as the fence conforms to the conditions set forth in the accompanying agreement. Resolution No. 99-244 Page 2 The Agreement for Temporary Use of Public Right-of-Way attached hereto and incorporated by reference herein is approved as to form and content, and the Mayor is hereby authorized to execute and the City Clerk to attest the Agreement for and on behalf of the City of Iowa City, for recordation in the Johnson County Recorder's Office, at Owners' expense. Passed and approved this 13th I It was moved by Vande~-haef and seconded by adopted, and upon roll call there were: day of ,J u 1 y ,1999. MAYOR Ap rove, '~ O' Donnel 1 the Resolution be pweng/ms/pankrd.doc AYES: X X X X X X X NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thomberry Vanderhoef Prepared by: Kim Johnson, Project Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND JAMES W. AND ANNA M. BARKER FOR A PORTION OF PARK ROAD IN IOWA CITY, IOWA. This Agreement is made between James W. and Anna M. Barker ("Owners") and the City of Iowa City, Iowa, a municipal corporation ("City"). WHEREAS, James W. and Anna M. Barker are the fee owners of certain real estate addressed as 526 Park Road and described as follows: Lot 5, Black Parks Addition; and WHEREAS, James W. and Anna M. Barker, hereafter "Owners," have constructed a fence along the south side of their property addressed 526 Park Road, as indicated in Attachment A; and WHEREAS, said fence extends approximately two (2) feet into the right-of-way of Park Road adjacent to the property; and WHEREAS, Owners agree to remove the portion of fence intruding into the Park Road right-of-way at such time the City requires use of any part of the right-of-way for any purpose; and WHEREAS, Owners have requested the City permit temporary use of a portion of the Park Road right-of-way adjacent to the property; and WHEREAS, the City Engineering Division has reviewed the site plans, and finds the fence to be a minimal intrusion into the public right-of-way which will not adversely affect the City's interest therein; and NOW, THEREFORE, in mutual consideration of the promises herein, Owners and the City of Iowa City agree as follows: In consideration of the conditions herein, the City agrees to permit Owners to extend a portion of a fence into a portion of the Park Road right-of-way, and that said extension into the Park Road right-of-way shall be approximately two (2) feet. 2. Owners agree to comply with the conditions set forth herein. Owners agree that in the event the City requires use of any part of the right-of-way for any purpose, and/or must remove any portion of fence, City is not responsible for the restora- tion of, replacement, or payment of damages for said fence, and it shall be the Owners' burden to restore the fence at their own expense if they choose. Owners agree that the City may, at its discretion, elect to give notice to Owners to remove the fence which extends into the Park Road right-of-way, all as provided in Section 364.12, Code of Iowa (1997); and in the event Owners do not comply within the time period designated in the Notice to Remove, City may elect to remove, or direct removal of the fence and/or any other obstructions from the right-of-way, and to charge the cost of such removal to Owners, which Owners hereby agree to pay. Further, any costs of removal may be assessed against the property in the manner provided in Section 364.12(2)(e), Code of Iowa (1997). Owners, together with their successors and assigns, agrees to indemnify, defend and hold City harmless in connection with any liability whatsoever arising in regard to the installa- tion, maintenance, use, location, existence or repair of said fence within the Park Road right-of-way, including any liability which the City may incur as a result of its decision to allow placement of said fence within the Park Road right-of-way. Owners may later be required to carry liability insurance coverage, but such coverage is now waived by the City. If any required insurance is not maintained, the City shall have the right to remove the fence pursuant to Section 364.12, Code of Iowa (1997). Owners acknowledge and agree that no property right is conferred by this grant of permis- sion to use the Park Road right-of-way for placement of the fence; that the City is not empowered to grant a permanent use of its street right-of-way for private purposes; and that the City may order said portion of fence removed at any time, if, for any reason, the City Council determines that the property on which the fence is located is needed for a public use and/or should be cleared of any or all obstructions, as provided by state law. This Easement Agreement shall be recorded in the Johnson County Recorder's Office, at Owners' expense. This agreement shall be binding upon and shall inure to the benefit of the respective heirs, successors in interest and assigns of both parties. Dated this ].3th day of ,.]u'l.y ,1999. Ernest W. Lehman, Mayor ~W. Barker City Clerk Anna M. Barker STATE OF IOWA JOHNSON COUNTY ) ) ss: ) 4-/,- ~ On this /5 day of ,) ,,~ I~ a CITY ACKNOWLEDGMENT ,19 ~'? beforeme, -~,,,,4,.~_~, - Notary Public in and for ~he State of Iowa, personally appeared Emest W. Lehman 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 (Ordinancc) (Resolution) No. ~ - Z ~-y passed by the City Council, on the /3 "'~" day of "5"'~l,.j ,19 ~' and that Ernest W. Lehman and Madan K. Karr acknowledged the execution of the instrument tc; be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. ry ublic in and for ,e tate of l, OWNERS' ACKNOWLEDGMENTS STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this c~n~ day of ~ , 1999, before me, the undersigned, a Notary Public in and for said Cou State, personally appeared James W. Barker, to me known to be the identical person named in and who executed the within and foregoing instrument, and acknowledged that she executed the same as her voluntary act and deed. Notary nty and State STATE OF IOWA ) ) sS: JOHNSON COUNTY ) On this ~"~ day of k"')"'~21'~ , 1999, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Anna M. Barker, to me known to be the identical person named in and who executed the within and foregoing instrument, and acknowledged that she executed the same as her voluntary act and deed. Notary PuGlic in and for said County and State pweng/agt/parkn:Ldoc Council Member Thornberry introduced the following Resolution entitled "RESOLUTION DECLARING AN OFFICIAL INTENT UNDER TREASURY REGULATION 1.150-2 TO ISSUE DEBT TO REIMBURSE THE CITY FOR CERTAIN ORIGINAL EXPENDITURES PAID IN CONNECTION WITH SPECIFIED PROJECTS" and moved that it be adopted. Council Member Norton seconded the motion to adopt, and the roll being called thereon, the vote was as follows: AYES: Norton, O'Donnell, Thornberry, Vanderhoef, Rhampinn, Kuhhy, I phrnan NAYS: None Whereupon, the Mayor declared said Resolution duly adopted as follows: Resolution No. 99-245 RESOLUTION DECLARING AN OFFICIAL INTENT UNDER TREASURY REGULATION 1.150-2 TO ISSUE DEBT TO REIMBURSE THE CITY FOR CERTAIN ORIGINAL EXPENDITURES PAID IN CONNECTION WITH SPECIFIED PROJECTS WHEREAS, the City anticipates making cash expenditures for a capital improvement project, generally described below (hereinafter referred to as a "Project"); and WHEREAS, the City reasonably expects to issue debt to reimburse the costs of a Project; and WHEREAS, the Council believes it is consistent with the City's budgetary and financial circumstances to issue this declaration of official intent. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Resolution be and does hereby setwe as a declaration of official intent under Treasury Regulation 1.150-2. -2- Section 2. That it is reasonably expected that capital expenditures will be made in respect of the Project, from time to time and in such amounts as this Council determines to be necessary or desirable under the circumstances then and there existing, commencing with approximately $1,765,000 to various parties for land acquisition and relocation costs. Section 3. That the City reasonably expects to reimburse all or a portion of the foregoing expenditures with the proceeds of bonds, notes or other indebtedness to be issued or incurred by the City in the future. Section 4. That the total estimated costs of the Iowa Avenue Parking Facility Project, the maximum principal amount of the bonds, notes or other indebtedness to be issued for the foregoing Project(s) and the estimated dates of completion of the Project(s) are reasonably expected to be as follows: Fund from which original expen- Total ditures are to Estimated be Advanced Cost Amount of Estimated Borrowing Date of Anticipated Completion Landfill Fund $11,400,000 $12,500,000 July, 2001 Section 5. That the City reasonably expects to reimburse the above-mentioned Project costs not later than the later of eighteen months after the capital expenditures are paid or eighteen months after the property is placed in service. Section 6. That this Resolution be maintained by the City Clerk in an Official Intent File maintained in the office of the City Clerk and available at all times for public inspection, subject to such revisions as may be necessary. -3- PASSED AND APPROVED this ATTEST: 13th day of July ,1999. Mayor PGOODRICH~192857~I\I0714000 -4- Prepared by: Blythe Adams, Purchasing 410 E. Washington St., Iowa City, IA 52240 (319) 356-5077 RESOLUTION NO. 99-246 RESOLUTION AWARDING THE VEHICLE TOWING AND STORAGE SERVICES CONTRACT TO HOLIDAY WRECKER SERVICE INC. WHEREAS, on June 28,1999, the City prepared requests for proposals for vehicle towing and storage services for a three (3) year contract; and WHEREAS, proposals were received and evaluated by staff according to the criteria set out in the request for proposal; and WHEREAS, Holiday Wrecker Service Inc. has submitted the proposal which best meets the City's needs for a three (3) year towing contract, and will meet all requirements of the proposal documents by the start of the contract; and WHEREAS, it is in the public interest that the City of Iowa City, Iowa enter into a contract with Holiday Wrecker Service Inc. for towing and storage service, a copy of which is attached to this resolution, to be effective on August 23, 1999. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Subject to Holiday Wrecker's satisfaction of all particulars noted in their proposal by August 23,1999, the City hereby accepts the Holiday Wrecker Service Inc. proposal for towing service as in the public interest, and approves the contract as to content and form. The Mayor is authorized to sign and the City Clerk to attest the attached contract on behalf of the City. 3. The City Manager or designee is hereby authorized to administer said contract. Passed and approved this 13th ATTEST: CI~~ ~' ~ ,2 CI MA'YOR ' City Attorney's Office ~npurch%res\towing. res Resolution No. 99-246 Page 2 It was moved by Thor'nben'y and seconded by adopted, and upon roll call there were: Vande~'hoef the Resolution be AYES: NAYS: ABSENT: X X X X X X X Champion Kub.by Lehman Norton O'Donnell Thornberry Vanderhoef RFP #00-06, Sec. II, Page 1 SECTION II. CONTRACT RFP #00-06, VEHICLE TOWING AND STORAGE SERVICES THIS AGREEMENT, made and entered into this 13th day of July, 1999, by and between the CITY OF IOWA CITY, hereinafter referred to as "City," and Holiday Wrecker Service Inc., hereinafter referFed to as "Contractor." WHEREAS, the City has prepared certain lists, specifications, and proposal blanks, dated and filed the 28th day of June, 1999, for vehicle towing and storage services for three (3) years effective August 23, 1999. WHEREAS, it is in the public interest to enter into a Contract to carry out the towing and storage of motor vehicles in Iowa City; and WHEREAS, said lists, specifications, and proposal accurately and fully describe the terms and conditions upon which the Contractor is willing to perform the work specified. NOW, THEREFORE, in consideration of their mutual promises, it is agreed between the Parties as follows: The City hereby accepts the Contractor's proposal for the work and for the sums listed below: See attached rate sheet, Sec. V, Page 1-2 RFP//00-06, Sec. II, Page 2 City and Contractor agree this Contract consists of the following component parts, which are made a part of this Contract by reference, as if set out in full herein: a. Specifications, including (1) Notice to Bidders (2) General Specifications (3) Information and Rate Sheets Contractor's Proposal This Instrument/Contract 3. Payments are to be made to the Contractor in accordance with and subject to the provi- sions set forth herein, together with the documents made a part of this Contract. 4. This Contract is executed in duplicate. .,~~~_~ ~ .~/~ CITY OF IOWA CITY, IOWA C~NTRACT /z Title Pla.yof' Title ATTEST: ATTEST: Title City C1 erk Approved by City Attorney's Office RFP #00-06, Sec. V, Page 1 SECTION V. RATE SHEETS RFP #00-06, VEHICLE TOWING AND STORAGE SERVICES A. BIDDER AGREEMENT: The undersigned agrees to provide vehicle towing and storage services for the City of Iowa City, in accordance with the conditions and specifications of these bid documents, and at the rates listed below· The undersigned certifies that all information contained in Sec. IV, COMPANY INFORMATION, is current and accurate. Prices bid, less tax, must remain firm for the first year of the contract. Any change of fee or charge may be made only on the anniversary date of each year. 4. The City of Iowa City does not guarantee or imply that any specific number of tows will occur, or is expected to occur, during the term of this contract. B. RATES PROPOSED: GROUP h Rates for Group I apply to those vehicles which are NOT owned by the City, and services performed as a result of a call from a City dispatcher or official. (City-owned or leased vehicles are included in Group I!.) GROUP I. CLASS A BID PRICE STANDARD TOW ..........................................................................~ 35.00 DOLLY CHARGE ...........................................................................$ ~ 5. O0 MILEAGE OUTSIDE CITY LIMITS ..................................................... $ :L . O0/mi le MILEAGE OUTSIDE CITY LIMITS ON DOLLYS ................................... ~ :[. 00/mi le WINCHING (First 1/2 hour) .............................................................$ :L 0. 00 WINCHING (After first 1/2 hour) ......................................................$10. 00 TIRE OR WHEEL CHANGE .............................................................. $ 20. O0 STANDBY TIME (First 1/2 hour) ...................................................... ~ 0. 00 STANDBY TIME (After first 1/2 hour) ............................................... $ 0. 00 SHOW-UP FEE ..............................................................................$ 20.00 GROUP I. CLASS C: TOWING AND/OR RECOVERY BID PRCE TRUCKS, TRACTORS, HOUSE TRAILERS, TRUCK TRAILERS, BUSES, ETC .............................................................................$ 75.00 TRUCK TRACTOR TRAILERS ........................................................... $ 75.00 AFTER HOURS RELEASE CHARGE ................................................... $ 20° O0 FIRST HOUR (Per Unit) ....................................................................$ 6(~. 00 AFTER FIRST HOUR (Per Unit) ......................................................... $ 60.00 GROUP I. STORAGE BID PRICE CARS, PICKUPS, MOTORCYCLES (Outside Storage) .......................... $ 8 · 00/day CARS, PICKUPS, MOTORCYCLES (Inside Storage for first seven days - by Police Request ONLY) ................................................. $ 8. O0/day RFP #00-06, Sec. V, Page 2 GROUP II: Rates for Group II apply ONLY to those vehicles which are owned or leased by the City, and the services performed as a result of a call from a City Police Officer or City employee. GROUP II. CLASS A BID PRICE STANDARD TOWS ...........................................................................$ 30.00 DOLLY CHARGE .............................................................................$ ! 0. 00 MILEAGE OUTSIDE CITY LIMITS ....................................................... $ 0. O0 MILEAGE OUTSIDE CITY LIMITS ON DOLLYS ..................................... $ 0. 00 WINCHING (First ~ hour) .................................................................$ 10.00 WINCHING {After first Y2 hour) .........................................................$ 10. O0 STANDBY TIME (First ~ hour} .......................................................... $ O. O0 STANDBY TIME (After first Y2 hour} .................................................. ~ 0. 00 SHOW-UP FEE ................................................................................$ 0.00 GROUP II. CLASS C: TOWING AND/OR RECOVERY BID PRICE TRUCKS, TRACTORS, BUSES ........................................................... ~ 75° 00 UNDERREACH ................................................................................$ 75.00 FIRST HOUR (Per Unit) ....................................................................$ 60.00 AFTER FIRST HOUR (Per Unit) .......................................................... $ 60.00 C. AUTHORIZED SIGNATURE I acknowledge that I have received Addenda # NAME OF FIRM: ADDRESS: PHONE NUMBER: FAX NUMBER: NAME & TITLE OF REPRESENTATIVE: Holiday 211 10th Street Coralville, IA (319)351-9091 (3194351-5224 Jere A. Wissink Wrecker Service, East 52241 DATE QUOTATION EXPIRES: I]1C. CENTRAL PROCUREMENT AND SERVICES DIVISION BID #00-06 TOWING CONTRACT OPEN JUNE 28,1999 2:30 PM MAILED JUNE 7,1999 B. ADAMS GROUP 1:CLASS A S'i ANDARD 'i OW DOLLY CHARGI: MILbAGi= OUi SIDi:: CII Y LIMI I S MILEAGE OU'i SIDi= Cl'l Y LIMI'i S ON DOLLYS WINCHING(1S i HALF HOUR) WINCHING (AF i I=R 1Si HALF HOUR) ~11REANHEF_L CHANGE IS lANDBY i IMi:. (1S'i HALF HOUR) IS'IANDBY 'i IMb (AF i F_R 1Si HALF HOUR) ISHOW UP FFF BIDDERS lBig 10 University I owing In lHoliday Wrecker Service In lCurrent Ratesl ~ 35.00~ 40.00~ 15.00~ 15.00 4o.ooj 2o.ooJ 1.00J Per Mile 1.00 Per Mile 20.00 20.00 25.00 20.00 20.00 25.00 1.00 Per Mile 1.00 Per Mile 10.00 10.00 20.00 0.00 0.00 20.OOJ 1.00 Per Mile 1.00 Per Mile 15.0O 15.00 2O.0O 15.00J 15.00J 20.00J GROUP t: CLASS C: TOWING AND/OR RECOVERY ITRUCKS, '~ RAILERS, HOUSE ~ RAILERS, BUSES, i: ~ I J ~RUCK '1RAC'iOR '~ RAILFRS JAF~ ER HOURS Rt::LF_ASF_ CHARGt:: JFIRS~ HOUR (Pb.R UNI~) JAFIF. R FIRSI HOUR (PFR UNII) GROUP 1: STORAGE CARS,PICKUPS,MO'I ORCYCLF. S (OU'I SIDF S'I ORAG J CARS, PICKUPS, MO~ORCYCLi::S INSIDb. S~ ORAGt= J FOR FIRST 7 DAYS - BY POLICE REQUEST ONLY GROUP Ih CITY OWNED VEHICLES GROUP II CLASS A: Is',ANDA D ,ow I IDOLLY CHARGb.. I 85.00J 85.00J 20.OOJ 85.00J 85.00J 7.oOJ lO.OOJ 40.OOJ 20.OOJ 75.ooj 75.ooj 2o.ooJ 60.ooJ 6o.ooJ 8.00J 8.00J 30.OOJ lo. OoJ 75.00J 75.o0J 2o.ooJ 75.00J 75.ooj 7.00J 7.00J 4o.oo1 15.ooj CENTRAL PROCUREMENT AND SERVICES DIVISION BID #00-06 TOWING CONTRACT OPEN JUNE 28,1999 2:30 PM MAILED JUNE 7,1999 B. ADAMS BIDDERS IMILEAGE OU'I SIDF- CII Y LIMl l S MILl:AGE OUISIDb CII Y LIMIIS ;ON DOLLYS IWINCHING (FIRS I HALF HOUR) IWnNCHnNG (AF I i-R FIRS I HALF HOUR) IS ~ANDBY IIMb (FIRS I HALF HOUR) ISlANDBY IIME (AF I i--R FIRS I HALF HOUR) ISHOW-UP FEt- GROUP li:GLASS C: TOWING AND/OR RECOVERY IBig 10 University I owinlg. 10~lHoliday Per Mile 1.00I Per Mile 20.00I 2o.ooI 2o.ooI 20.00I 25.ooI o.ooI4.001 40.001 45.00I 10.001 45.00I 0.001 45.00I 0.001 16.00I 0.001 20.001 ITRUCKS, I RAC I ORS,BUSES IUNDERR~ACH IFIRS~ HOUR (PER UNI I) IAFI FR FIRSI HOUR (PER UNII) RECEIVED THE FOLLOWING: COMPANY INFORMAl ION: RA'I i- SHi::F'I S: VENDOR LIS I APPLICA I ION: S'I AIb. Mb. NI OF QUALIFICA'I IONS: NO'I ARIZi--D SURi-I Y' LF'I I FR: LIS'I ING OF SHOPS: RECOMMENDED VENDOR: Holiday Wrecker Service Inc 85.00I 85.00I 85.00I 85.001 X X X X X X z5,001 75.00I z5.001 N/AI 60.001 z5.00I 60.001 75.001 X X X X X X CITYMANAGER APPROVAL: POLICE CHIEFAPPROVAL:J_.~~" PARKING MANAGER: PURCHASING AGENT APPROVAL: City of Iowa City MEMORANDUM Date: July 8, 1999 To: City Council From: City Manager Re: Wrecker Service Contract Every three years we seek proposals for the provision of vehicle towing and storage service. We have received two formal proposals in response to our requests, both qualified firms. Attached is a summary of the two proposals. There is a noticeable difference in the cost of service provided. The low proposal was from Holiday Wrecker Service, Inc. As you may recall they provided service for a number of years up to 1996 then the contract was awarded to Big 10 University Towing, Inc. As you know the City does not make money on these tows. While it is often misunderstood, the cost of the tow is directly a cost incurred by the individual or owner of the vehicle being towed. We provide for a contracted service for the purposes of efficiency, fairness to the public (uniform rates) and in the limited instances that it may require the use of the service for a city purpose, such as towing a city-owned disabled vehicle. The proposal process this time has led to numerous contacts from representatives of Big 10 to my office and attorney contacts by Holiday Wrecker Service for information concerning the process of evaluation of the services. We would note those companies are reputable and would likely provide a good service. I have been asked to meet with company representatives over the last few days and have declined to do so. I believe there is sufficient sensitivity to the possible change of contractors (Holiday Wrecker submitting a lower proposal and would likely regain the contract), that I wanted the proposal process to be open to as much public scrutiny as possible rather than private discussions. There appears to be some Council interest for the possibility of a rotating schedule and other changes in towing service. In our June 23 memo submitted to you, we expressed our concerns and possible cost increases to the City if such a rotating schedule were to OCCUr. This contract for service is an attempt and over the years appears to have succeeded in securing consistent costs to the consumer (those towed) and regulated services (insurance, storage, etc.) for what can be an unpleasant but often necessary event (having a car towed). We also have locked up our own service costs (towing of city vehicles) for a fixed price over a fixed period. By resolution, we recommend the contract with Holiday Wrecker Service. I believe you can expect individuals to appeal to the City Council about or for something other than this recommendation. tp4-3cm .doc City of Iowa City MEMORANDUM Date: 6/23/99 To: Dale Helling, Assistant City Manager Frorn:Cathy Eisenhofer, Purchasing Agent CC; RJ Winkelhake, Manouchehr Amin RE: Rotation method for 3 year Towing Contract The question has been raised as to why the City does not provide our own storage facility and allow a rotation basis of privately owned tow trucks for towing? The City generates approximately 1/2 of Big 10's business. 80% of.the tows are released within 8 hours. Storage income is not a large revenue generator, $3-5,000/mo. Storage fees do not cover the cost of staffing the lot, estimated at $36,000/mo. Monies are.generated through volume of tows and other services provided not storage fees. If the City implemented rotation towing. fees would need to be evaluated to see if towing fees may need to decrease and storage fees increase to cover the lot expenses. The lot currently is open from 8:00 am to 8:00 PM, 7 days a week. The towing service is required to be at the site within 20 minutes cif the call, 24 hrs a day. Big 10 has 2 staff on at all times to handle the storage lot X 3 shifts a day = 6 staff. In addition there are 2-3 employees that process the paperwork of the business. This does not include tow truck ddvers. The Iowa City zoning code allows storage of abandoned or salvaged vehicles only in the I-1 zone. Storage of operable vehicles would be permitted in a C1-1 zone. The City would be required to designate land, add fencing costs and a building for impound and police investigation as well as commit ongoing staffing costs or the City would pay a company to provide a storage lot and services for the tows to be taken to. There would also be issues of who's responsible for damage to vehicles towed. Currently, if Big 10 tows the vehicle, they are responsible from pickup to release. Insurance coverage is part of the contract. If the City enters into rotation towing, inventory/inspection can be done when the vehicle is brought into the lot but there is potential for separate damage and insurance claims as a result of several companies. The required equipment includes trucks that are needed to provide tows throughout the contract. Small wreckers, large wreckers, and car carriers provide the necessary tows for cars as well as large vehicles such as semi-trucks and 13uses. Additional small trucks are currently subcontracted for events such as the Iowa Homecoming Parade. If you have a rotation basis for only the small trucks there is not the incentive for the major equipment provider to maintain their larger units, currently required by contract. The City receives no direct revenue from the towing contract. The service is provided to assure consistent and equitable towing/storage rates for the public as well as meet the City's legal requirements for abandoned vehicles. Police officers offer to notify a towing company of choice to the customer before contacting the contract towing company. To initiate a City lot or contract for a storage lot in order to implement rotation towing does not appear to be a cost-effective change. Feel free to contact me if you have any further questions. City of Iowa City MEMORANDUM Date: To: From: Re: July 13, 1999 City Council City Manager Towing Contract - Customer Service At the work session of July 12 there was discussion regarding the level of customer service provided by the towing contractor. The proposal process addresses personnel (customer service) as follows: Contractor shall have available sufficient qualified personnel for the operation of the required wreckers. Each driver shall have a current chauffeur's or CDL license issued by the State of Iowa as required by law. The Contractor agrees that the owners of the company or the corporation officers of the company shall be responsible for the acts of their employees while on duty, except as otherwise prohibited by law. The City prefers that each driver have at least one (1) year experience in towing and recovery work. The Contractor shall insure that all drivers used on City calls shall be neat, clean, uniformed, courteous and competent in skills needed to complete the Contract. The City does discuss driver training and level of customer service with the contractor as part of the initial contract orientation. The City encourages police officer feedback to the contractor regarding any driver complaints or problems with contractor services. Use of the contract service is not mandatory; the police officer does offer to notify a towing company of choice to the customer before contacting the contract towing service. City Staff did meet with Big 10 University Towing prior to beginning the contract 3 years ago and we intend to do the same with Holiday Wrecker Services, Inc. Holiday did provide the City's contract services for 12 years prior to August 1996 but a meeting will still be held. Holiday and Big 10 both offer credit card service to facilitate payments. As we stated at the work session, both companies are respectable firms, to date providing satisfactory customer service. CC: Chief Winkelhake Cathy Eisenhofer Im\mem~sa7-13.doc PURCHASING DIVISION Date: July 9, 1996 To: Steve Arkins, City Manager Jeanne Somsky. Purchasing Division, x5076 RE: PROPOSED TOWING CONTRACT - PROPOSALS RECEIVED 6~28~96 Note: The City receives no direct revenue from this contract. BACKGROUND: Proposal documents were made available to 18 area towing service providers. The City received two proposals and is recommending award to Big 10 University Towing, Inc., for the three-year contract. Big 10 University Towing, Inc., will provide towing and storage services for vehicles impounded due to traffic violations, abandonment, and police investigation. Big 10 is located 2.0 miles west of the city limits on Hwy I South. Holiday Wrecker and Crane Service is located 1.5 miles west of the city limits. ATTACHED: · Resolution for Council approval to award the contract to Big 10 University Towing, Inc. on July 16, 1996. The resolution contains a provision that Big 10 University Towing, Inc., meet all requirements of the proposal documents by start of contract, August 25, 1996. · Summary of towing contract proposals received June 28, 1996: · Big 10 University Towing · Holiday Wrecker and Crane Service · Comparison with the City's current contract rates, as well as rates from the University of Iowa and other cities in Iowa. · Report from Police Dept. regarding equipment and facilities. COMMENTS: · The contract vendor will change from Holiday Wrecking and Crane Service, who has had the contract for at least the past 12 years, to Big 10 University Towing. Holiday will conduct a final auction to comply with current contract requirements for disposal. · The proposed contract is for three years, effective August 25, 1996. · Basic towing rate will increase $5.00. (Same rate was offered by both bidders.) Towing Contract, Memo to Steve Atkins, 7/9/96, p. 2 · The contract will cover an estimated 2,800 tows per year. At a conservative estimate of $55 per tow, the contract is wodh approx. $154,000 per year, or $462,000 for the three-year period. · The City receives no direct revenue from this contract. · Required insurance coverage remains the same. Contractor is also required to submit a $2,500 performance bond. and to complete Contract Compliance Documents by start of contract. · Under the new contract, vehicles stored for law enforcement investigation will be charged $1.00 per day. In the past, such vehicle storage was at $7.00 per day for the first week, with a rate negotiated for additional time. · A new contract provision requires Contractor to notify the City in writing each month regarding any vehicle(s) in storage for more than 30 days. · The Iowa City zoning code allows storage of abandoned or salvaged vehicles only in the I-1 zone. Storage of operahie vehicles would be permitted in a C1-1 zone. eric. cc: R. J. Winkelhake, Police Bill Dollman, Parking Linda Woito, City Attorney Terry Reynolds, Equipment RFP #00-06, Sec. I, Page 3 d. Proposal will be evaluated based on the following factors and points: Factors Point Range ( 1 ) Technical Capability 0-40 (a) Performance History i. Current Contracts ii. Past Contracts (b) Responsiveness to Proposal 0-25 0-10 0-35 0-05 (2) Demonstrated Capability 0-45 (a) Work Force and Equipment 0-20 i. Amount & Type of Equipment 0-10 ii. Current Personnel on Staff 0-10 (b) Storage Lot 0-25 i. Lot Location and Facilities 0-20 ii. Current Lot Use 0-05 (3) Financial Capability 0-15 (a) Pdce Quotation (b) Financial Stability 0-10 0-05 TOTAL POINTS = 1 O0 Contractor shall submit to the City, in as much detail as necessary, a description of the manner in which the towing service will be performed in relationship to the specific factors listed in Section D.4 above. The statement of qualification must be submitted with this proposal form. The City of Iowa City shall have the right to thoroughly inspect and investigate the establishment, facilities, business reputation, quality of equipment, financial condition and other general qualifications of any bidder, and to reject any proposals irrespective of the proposal price if it is determined that the bidder is lacking any required qualifications. During the contract period, the City of Iowa City reserves · the right to inspect, during normal business hours, the Contractor's facilities and records which relate to this Contract. E. TECHNICAL STANDARDS: 1. INSURANCE AND AMOUNTS: ao Contractor shall perform the Contract as an independent Contractor, and shall be fully responsible .for providing Worker's Compensation or other comparable insurance coverage of itself and its employees, and the City shall have no liability for any such insurance coverage. Contractor shall provide to the City of Iowa City a Certificate of Insurance which shows the Contractor to have adequate coverage as specified and which shall be in effect during the term of this Contract. c. Upon receipt of any notice of cancellation, termination or non-renewal of any de Proposal will be evaluated based on the following factors and points: Factors Point Ranfie (1) Technical Capability 0-40 (a) Performance History i. Current Contracts ii. Past Contracts (b) Responsiveness to Proposal 0-25 0-10 0-35 0-05 (2) Demonstrated Capability 0-45 (a) Work Force and Equipment 0-20 i. Amount & Type of Equipment 0110 ii. Current Personnel on Staff 0-10 (b) Storage Lot 0-25 i. Lot Location and Facilities 0-20 ii. Current Lot Use 0-05 (3) Financial Capability 0-15 (a) Price Quotation (b) Financial Stability 0-10 0-05 TOTAL POINTS = 100 Contractor shall submit to the City, in as much detail as necessary, a description of the manner in which the towing service will be performed in relationship to the specific factors listed in Section D.4 above. The statement of qualification must be submitted with this proposal form. The City of Iowa City shall have the right to thoroughly inspect and investigate the establishment, facilities, business reputation, quality of equipment, financial condition and other general qualifications of any bidder, and to reject any proposals irrespective of the proposal price if it is determined that the bidder is lacking any required qualifications. During the contract period, the City of Iowa City reserves · the right to inspect, during normal business hours, the Contractor's facilities and records which relate to this Contract. E. TECHNICAL STANDARDS: 1. INSURANCE AND AMOUNTS: e® Contractor shall perform the Contract as an independent Contractor, and shall be fully responsible .for providing Worker's Compensation or other comparable insurance coverage of itself and its employees, and the City shall have no liability for any such insurance coverage. Contractor shall provide to the City of Iowa City a Certificate of Insurance which shows the Contractor to have adequate coverage as specified and which shall be in effect during the term of this Contract. co Upon receipt of any notice of cancellation, termination or non-renewal of any 3309 Highway 1 SW Iowa City, Iowa 52240 July 7, 1999 City of Iowa City Attention: Emie Lehman Civic Center 410 E. Washington St Iowa City, Iowa 52240 ,~JUL 0 8 1999 Cl'Ff MANJ GEB'$ OFFICE Dear Mz'. Lelu~mn Matt and Kris Leonard of Big 10 University Towing, Inc would like to discuss the factors and point ranges for the Evaluation Criteria on The City of Iowa City Towing Contract. Please allot a time frame on the Monday, July 12, 1999 work session. Please call us at 354-5936 with the time. Matt J. Leonard President Prepared by: Marian Karr, City Clerk, 410 E. Washington St,, Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO. 99-247 RESOLUTION ON UNCLASSIFIED SALARY COMPENSATION FOR FISCAL YEAR 2000 FOR THE CITY MANAGER, CITY A'I'FORNEY, AND CITY CLERK. WHEREAS, the City of Iowa City, Iowa, employs certain personnel subject solely to the action of the City Council referred to as unclassified personnel; and WHEREAS, it is necessary to establish salary compensation for the said unclassified personnel. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the following positions shall receive as salary compensation that amount which is set forth and where said employee shall receive or collect any fees or other compensation from others for services as such employee, the same shall be paid to the City Treasury. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the following compensation is hereby established effective July 1, 1999: Salary: City Manager - $117,000.00 City Attorney - $78,811.20 City Clerk - $59,009.60 Other: City Manager - cash value of 80 hours of accrued vacation ($4,500.00) 3% salary increase ($3,515.20) All to be paid directly to pension plan Passed and approved this 13th ATFEST:Ci~CE.E~RK ~- dayof au )/~/~ ~~ City Attorney's Office It was moved by Thornberry and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef clerk\res~salades.doc