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HomeMy WebLinkAbout1999-10-12 ResolutionPrepared by: Chuck Schmadeke, Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)356-5141 RESOLUTION NO. 99-348 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY WATER FACILITY IMPROVEMENTS, DIVISION 1: WATER TREATMENT PLANT, DIVISION 2: WELL HOUSES, 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 19th day of October, 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 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 ATTEST: CI~~E~K' :::) 1~. I 12th day of 0c er ~9~ City Attorney's Office pwenglres/walerplant.doc Resolution No. 99-348 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: Champion AYES: NAYS: ABSENT: X X X X X X X the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 99-349 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 43 WEST SIDE DRIVE, IOWA CITY, IOWA WHEREAS, on August 13, 1997, the owner of 43 West Side Drive executed a Mortgage in the form of a conditional occupancy loan through the City's Down Payment Assistance Program for the amount of $3,000; and WHEREAS, this document created a lien against the property; and WHEREAS, the loan was paid off on September 24, 1999; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 43 West Side Drive, Iowa City, Iowa from the Mortgage recorded on August 14, 1997, Book 2325, Page 168 through Page 171 of the Johnson County Recorder's Office. Passed and approved this 12th CI~-~LERK ATTEST: I ~"';'*"""') ~' day of October ,1999. MAYOR Approved by "' ') "" v- It was moved by Thornberry and seconded by adopted, and upon roll call there were: Champion AYES: NAYS: ABSENT: the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef ppdrehab/res/43westside.doc Prepared by: Liz Osborne, 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 43 West Side Drive, Iowa City, Iowa, and legally described as follows: Unit 43, West Pointe IV-V Condominiums, according to the declaration recorded in Book 2309, Page 1, records of the recorder of Johnson County, Iowa, together with a one-twenty-fourth interest in the common elements. Garage Unit Number 43 as shown in the declaration of condominium is also assigned to the buyer, from an obligation of the owner, Heidi J. Meisner, to the City of Iowa City in the amount of $3,000 represented by a Mortgage recorded on August 14, 1997 in Book 2325, Page 168 through Page 171 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 document. Approved by City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this /~ ~-k day of ~-4o,~,~y , A.D. 19 eta) , 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. ~r/_-5'-/ ~ , adopted by the City / ~L. da Council on the Z- y ~ U)c_Jr~ ;L,~ ¢ , 19 c/~ 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. I ppdrehab/43westside .doc Notary P blic in ~nd for J nson County Iowa~ Prepared by: Liz Osbome, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 99-350 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING TWO RENTAL REHABILITATION LIENS AND A FINANCIAL STATEMENT (UCC4) FOR THE PROPERTY LOCATED AT 210 1/2 SOUTH CLINTON STREET, IOWA CITY, IOWA WHEREAS, on September 9, 1988, the owners of 210 ~ South Clinton Street executed a Rental Rehabilitation Lien in the form of a ten-year declining balance loan through the City's Rental Rehabilitation Program for the amount of $17,000; and WHEREAS, on April 6, 1989, the owners executed another Rental Rehabilitation Lien also in the form of a ten-year declining balance loan for the amount of $6,800; and WHEREAS, these documents created a lien against the property; and WHEREAS, the remaining balance of both loans is less than $1,000; and WHEREAS, due to a catastrophic event the balance of the indebtedness is being forgiven; and WHEREAS, it is the City of Iowa City's responsibility to release these liens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 210 % South Clinton Street, Iowa City, Iowa from the Rental Rehabilitation Lien recorded on October 7, 1988 Book 1030, Page 291 through Page 294 and from the Rental Rehabilitation Lien recorded on June 13, 1989 Book 1063, Page 308 through Page 311, and from the Financial Statement (UCC4) recorded on January 9, 1995 Book 1857, Page 118 of the Johnson County Recorder's Office. Passed and approved this 12th day of Oct bet ,1999. Approved by ATTEBT:CiT~yLE¢~~K ~' ~ ~) Cit~/Attor~;~/s O~~ce It was moved by Tho~'nbef-r'.y and seconded by Champion adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kubby X Lehman X Norton × O'Donnell X Thornberry X Vanderhoef ppdrehab/res~izres3 .doc the Resolution be Prepared by: Liz Osborne, 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 210 ~ South Clinton Street, Iowa City, Iowa, and legally described as follows: Beginning at a point in the middle of a certain brick partition wall running east and west, located 71 feet and 8 inches south of the northwest corner of Lot 4 in Block 82 in Iowa City, Iowa, as per recorded plat thereof; running thence east along the middle of said partition wall 60 feet to the east line of the brick building conveyed by this deed; thence south along the east line of said building 20 feet and 2 inches to the middle of the south partition wall of said building; thence west along the middle of the said south partition wall 60 feet to the west line of said Lot 4 aforesaid; thence north along the west line of said Lot 4, 20 feet and 2 inches to the place of beginning. from an obligation of the owners, Marc B. Moen, Michael and Christine Moen, to the City of Iowa City in the principal amount of 823,800 represented by a Rental Rehabilitation Lien recorded on October 7, 1988 in Book 1030, Page 291 through Page 294, and a Rental Rehabilitation Lien recorded on June 13, 1989 Book 1063 Page 308 through Page 311, and the Financial Statement (UCC4) recorded on January 9, 1995 Book 1857 Page 118 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: ;:2~~ ~, CITY i~LERK Approved by City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this IZ ~z~ day of ~ ~-to~- y' , A.D. 19 ~'~ ?z , 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. :??--~', adopted by the City Council on the /~ ~' day ~'~c ~ ~e ~ , 19 ~[~' 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. pNrehab~10~lint.d~ Notary Public in and for Johnson County, Iowa Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 99-351 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A RENTAL REHABILITATION LIEN AND THREE FINANCING STATEMENTS (UCC4) FOR THE PROPERTY LOCATED AT 212 '/2 SOUTH CLINTON STREET, IOWA CITY, IOWA WHEREAS, on April 6, 1989, the owners of 212 ~ South Clinton Street executed a Rental Rehabilitation Lien in the form of a ten-year declining balance loan through the City's Rental Rehabilitation Program for the amount of $21,700; and WHEREAS, this document created a lien against the property; and WHEREAS, the balance of the loan is less than $1,000; and WHEREAS, due to a catastrophic event the balance of the indebtedness is being forgiven; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 212 ¼ South Clinton Street, Iowa City, Iowa from the Rental Rehabilitation Lien recorded on June 13, 1989 Book 1063, Page 304 through Page 307 and from the Financial Statements (UCC4) recorded on January 9, 1995 Book 1857, Page 117, and Book 1857, Page 119 through Page 120 of the Johnson County Recorder's Office. Passed and approved this 12th day of October ,1999. ATTEST:C~~' ~ Approved by It was moved by Thornberry adopted, and upon roll call there were: AYES: X X X X X × X ppdrehab/res/212sdint.doc and seconded by NAYS: Champion the Resolution be ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Liz Osborne, 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 212 Y2 South Clinton Street, Iowa City, Iowa, and legally described as follows: The South 58 feet and 2 inches of Lot 4, Block 82, of Iowa City Iowa, subject to the right of way across the East 6 feet thereof in favor of the Iowa City National Bank, its successors and assigns, as shown by a certain Deed dated December 23, 1882, in Volume 51, page 335, of the Deed Records of Johnson County, Iowa, also subject to the terms and conditions of a Warranty Deed executed by the Citizens Savings and Trust Company of Iowa City, Iowa, to the Iowa City State Bank of Iowa City, Iowa, dated June 19, 1911, and recorded on June 23, 1911, in Volume 93, page 538, of the Deed Records of Johnson County, Iowa, as follows: from an obligation of the owners, Marc B. Moen, and Michael and Christine Moen, to the City of Iowa City in the principal amount of ~21,700 represented by a Rental Rehabilitation Lien in the form of a ten-year declining balance loan recorded on June 13, 1989 in Book 1063, Page 304 through Page 307 and from the Financial Statements (UCC4) recorded on January 9, 1995 Book 1857, Page 117, and Book 1.857, Page 119 through Page 120 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereb leased from any liens or clouds upon title to the above property by reason of ' ' . MAYOR Approved by ATTEST: C~ ~' ~ '~/~' ~ City Attorney"s Office STATE OF IOWA ) ) SS.' JOHNSON COUNTY. ) On this /' Z H- day of ['~ c--'kc,/~-~,- , A.D. 19 L2/e , 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. ?¢..3j5'1 , adopted by the City Council on the i/.~' day ~c C'_)c--~-,:-J~¢~- , 19 ~ and that the said ErnestW. 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. ppdrehab/212sdint.doc Notary Public in and for Johnson County, Iowa 1 O~12-99 Prepared by: Kim Johnson, 410 E. Washington St., Iowa City, IA 52240 319-356-5139 RESOLUTION NO. 99-352 RESOLUTION DECLARING THE CITY' S INTENT TO PROCEED WITH AND AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR THE IOWA AVENUE STREETSCAPE IMPROVEMENTS PROJECT. WHEREAS, notice of public hearing on the City's intent to proceed with a public improvement project and to acquire property rights for the above-named project was given as required by law, and the hearing thereon held; and WHEREAS, the City of Iowa City desires to construct the Iowa Avenue Streetscape Improvements Project ("Project") which includes the reconstruction of Iowa Avenue and the Beer Creek storm sewer; and WHEREAS, the City Council has determined that construction of the Project is a valid public purpose under State and Federal law, and has further determined that acquisition of certain property rights is necessary for the proposed project; and WHEREAS, the City's Consultant, Brian Clark & Associates, has determined the location of the proposed Project; and WHEREAS, City staff should be authorized to acquire necessary property rights at the best overall price to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: It is the City' s intent to proceed with the Iowa Avenue Streetscape Improvements Project. The City Council finds that it is in the public interest to acquire property rights necessary for the construction of the Iowa Avenue Streetscape Improvements Project ("Project"), which Project constitutes a public improvement under Iowa law. 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. The City Manager or designee, in consultation with the City Attorney' s office, is authorized and directed to establish, on behalf of the City, an amount the City believes to be just compensation for the property to be acquired, and to make an offer to purchase the property for the established fair market value. The City Manager, or designee, is hereby authorized and directed to negotiate the purchase of property rights for the construction, operation and maintenance of the Resolution No. 99-352 Page 2 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 68sements. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized, upon direction of the City Attorney, to execute and attest all documents necessary to effectuate the purchase of said property rights. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. In the event the necessary property rights for the Project cannot be acquired by negotiation, the City Attorney 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 approved this 12th day of October , 1999. ATTEST: '7")~~ ~ ~~ CIT'Y~SLERK Ap, proved by,O~?,/~/0 -1'7'- ¢/'~ City Attorney's Office It was moved by Kubby adopted, and upon roll call there were: and seconded by Thornberry AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O' Donnell Thornberry X Vanderhoef the Resolution be pweng/res/iowaave3,doc Prepared by: David Schoon, Economic Develop., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5236 RESOLUTION NO. 99-353 RESOLUTION APPROVING THE AMENDED NEAR SOUTHSIDE COMMERCIAL URBAN REVITALIZATION PLAN WHEREAS, the City Council for the City of Iowa City, Iowa, adopted Resolution No. 94-357 approving the Near Southside Commercial Urban Plan (the "Plan") for the Near Southside Commercial Urban Revitalization Area (the "Area"); and WHEREAS, since the adoption of the Plan the City Council has determined the need to amend the Plan to expand the definition of projects eligible for property tax exemption within the Area; and WHEREAS, the City Council held a public hearing at the time and place scheduled and provided all persons appearing and desiring to be heard regarding the amended Plan the opportunity to be hear; and WHEREAS, it is in the public interest to approve the amended Plan, as provided by law. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council has held a public hearing on the Amended Near Southside Commercial Urban Revitalization Plan as required by Iowa Code Chapter 404.2 (1999). 2. The Amended Near Southside Commercial Urban Revitalization Plan, as attached hereto, is hereby approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Passed and approved this 12th ATTEST:C~ ;~. ?('//~ day of October ,1999. and seconded by VanderhnPf ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef It was moved by Norton adopted, and upon roll call them were: AYES: NAYS: X X X X X X X ecodev/res~southside.doc the Resolution be Near Southside Commercial Urban Revitalization Plan Adopted December 13, 1994 Amended October 12, 1999 TABLE OF CONTENTS NEAR SOUTHSIDE COMMERCIAL URBAN REVITALIZATION PLAN Section I - Selection Criteria for Near Southside Commercial Urban Revitalization Area Code of Iowa Criteria City of Iowa City Policy Criteria Commercial Urban Revitalization Plan Objectives Section 2 - The Commercial Plan Components Description of Commercial 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 Section 3 - Federal, State, or Private Grant or Loan Programs Available for Improvements Section 4 - Prior Approval of Eligibility and Application for Tax Exemption Section 5 ~ Amendments to Plan Section 6 - Repeal of Ordinance Addendum C1 - Near Southside Commercial Urban Revitalization Area Map Addendum C2 - Near Southside Neighborhood Redevelopment Plan Sites Map Redevelopment Addendum C3 - Existing Assessed Valuation of Real Estate and Owners of Record of Real Estate Addendum C4- Near Southside Commercial Urban Revitalization Area -- Existing Land Use Map SECTION 1: SELECTION CRITERIA FOR THE NEAR SOUTHSIDE COMMERCIAL 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 September 13, 1994 the Iowa City City Council adopted a resolution finding that the proposed Near Southside Commercial Urban Revitalization Area meets the criteria of Section 404.1 (4) of the Code of Iowa (1993), namely that the rehabilitation, conservation, redevelopment, 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." Moreover, Chapter 404, Code further provides that the City Council may draft an urban revitalization plan to carry out the goals of economic development. CITY OF IOWA CITY POLICY CRITERIA In March of 1992, the Iowa City City Council adopted the Near Southside Neighborhood Redevelopment Plan ("NSS Plan") which outlines City policy regarding the redevelopment of the area generally south of Burlington Street, west of Gilbert Street, east of Madison Street, and north of the Iowa Interstate Railway main line. It is the Council's intent herein that development within the Near Southside Commercial Urban Revitalization Area shall be consistent with the policies outlined in the NSS Plan, and also consistent with the plan herein described, see Addendum C1 for a map of the Commercial Urban Revitalization Area. The NSS Plan "targets the blocks between Burlington & Court streets for office and commercial development to complement the downtown retail core" and "the periphery of this area, along Gilbert Street south to the railroad tracks, includes commercial development that reflects existing uses and also projects redevelopment for commercial uses focused on the needs of the future residential neighborhood." More specifically, the NSS Plan states that in the portion of the overall area referred to as the 'commercial area,' a portion of "the commercial development is typically in one or two-story older buildings, at an intensity of use which is less then optimal for an area so close to downtown." Based on a thorough review of property in the area, the NSS Plan designates nearly half of the 'commercial area' in the NSS Plan area as potential commercial redevelopment sites within the next ten years. Three of the sites, namely the Hieronymus tract on Block 102, Southtown Properties' land on Block 103 (which has already redeveloped), and the Cahill property on Outlot 24 are the only single ownership sites in the Commercial Area which are large enough to permit development of any size and significance. Based on the City Council's intent, the properties set out in Addendum C1 are hereby designated as appropriate commercial uses for urban revitalization purposes, and are hereby declared to be included in the Near Southside Commercial Urban Revitalization Area (hereafter "Commercial Area"), and said properties are further declared to be within this Near Southside Commercial Urban Revitalization Plan (hereafter "Commercial Revitalization Near Southside Commercial I Urban Revitalization Plan - Amended 1999 Plan"). The NSS Plan also identifies five historic structures in the Commercial Area which are on or may be eligible for the National Register of Historic Places: 228 E. Court St. 335 S. Clinton St. 330 E. Court St. 331 S. Gilbert Street 401 S. Gilbert St. St. Patrick's Church and rectory Coldwell-Banker Anderson-Bender Real Estate Agency Honohan, Epley, Haymond, & Braddock Law Office Iowa City Mills Mixed use: apartments/commercial - Granner (Amended October 12, 1999). 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. Though the NSS Plan does not specifically mention the use of property tax exemption, the NSS Plan discusses the use of various financing mechanisms to assist with encouraging the redevelopment of the area north of Court Street within the Commercial Area. The City Council finds property tax exemption an appropriate financing mechanism to encourage redevelopment of this Commercial Area, and further finds the properties in conformance with the goals set out in the NSS Plan. COMMERCIAL URBAN REVITALIZATION PLAN OBJECTIVES The primary objectives of this Commercial Revitalization Plan are to encourage the development of the Commercial Area for commercial uses other than commercial residential uses, and to encourage the reuse of historic and architecturally significant structures in the Commercial Area. Given the close proximity to the downtown to the north and a high density residential area to the south, the Commercial Area provides an ideal location for a mixed-use high density commercial and residential area. In addition, the community's other residential areas can easily access the Commercial Area due to its close proximity to the transit hub of the community. Though the zoning ordinance permits commercial residential uses within the Commercial Area, the City Council has determined that encouragement of "commercial residential development" is not needed in the Commercial Area. The Council further 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 non-residential commercial uses in a compact manner in the Commercial Area, which is in the center of the community, rather than disperse this type of development on the periphery of the community. (Amended October 12, 1999) Consequently, the primary objectives of this Commercial Revitalization Plan are to encourage the redevelopment of the Commercial Area for commercial uses other than commercial residential uses, and to encourage the reuse of historic and architecturally significant structures in the Commercial Area. To achieve these objectives, the City of Iowa City shall undertake the urban revitalization activities as specified in this Commercial Revitalization Plan, pursuant to the powers granted to the City under Chapter 404, Code of Iowa (1993). Near Southside Commercial 2 Urban Revitalization Plan- Amended 1999 SECTION 2: THE COMMERCIAL URBAN REVITALIZATION PLAN COMPONENTS DESCRIPTION OF COMMERCIAL URBAN REVITALIZATION AREA The legal description of the Near Southside Commercial Urban Revitalization Area is: Block 102 and 103 of Original Town; O.L. 24 of S.J. Johnson Subdivision; Block 2, Berryhill and Pierce Addition; the east 170 feet of Block 101, Original Town; the east 25 feet of the north 130 feet of the west 150 feet of Block 101, Original Town; Lots 2-8, Block 5, Lyon's First Addition; the west 91.70 feet of Lot 1, Block 19, County Seat Addition and all of Lots 2, 3, and 4 east of Ralston Creek, Block 20, County Seat Addition, as described in the attached Addendum C1, which is attached hereto and incorporated by reference herein. EXISTING ASSESSED VALUATION OF REAL ESTATE AND OWNERS OF RECORD OF REAL ESTATE Addendure C3, which is attached hereto and incorporated by reference herein, contains existing assessed valuations of all real estate in the Commercial Area, and contains a listing of the names and addresses of the owners of record of real estate within the Commercial Area. LAND USE Existing Zoning The existing zoning of the project area as identified on the Iowa City Zoning Map is CB-5, Central Business Support Zone. The existing zoning is generally consistent with the proposed land uses as illustrated on the Iowa City Comprehensive Plan 1989 Update Land Use Map. Existing Land Uses The existing land uses in the Commercial Area include commercial uses (retail, office, and non-residential), residential uses, and religious uses, see attached Addendure C4 for existing land uses. Proposed Land Uses The proposed land uses in the Commercial Area shall be consistent with the City Zoning Ordinance and the 1997 Iowa City Comprehensive Plan. (Amended October 12, 1999) Near Southside Commercial 3 Urban Revitalization Plan - Amended 1999 PROPOSALS FOR IMPROVING OR EXPANDING CITY SERVICES The City Council has evaluated whether a need exists for improving or expanding city services within the Commercial 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 concludes that streetscape improvements in the Commercial Area would enhance redevelopment in said Commercial Area. The City Council further concludes that redevelopment of the Commercial Area will generate the need for a City-owned parking facility either within the Commercial Area or in close proximity. (Amended October 12, 1999) APPLICABILITY OF THE PLAN Land Uses This Commercial 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. (Amended October 12, 1999) 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 Commercial Revitalization Plan and the corresponding Ordinance. New construction that requires the demolition of structures identified in this Commercial Revitalization Plan as historic and/or architecturally significant is not eligible for property tax exemption. (Amended October 12, 1999) 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. All rehabilitation, additions, and new construction must meet the applicable design criteria outlined in the CB-5 Zone of the City Zoning Ordinance. These design criteria are adminis- tered by the Director of Planning and Community Development. In addition, plans and specifications for the exteriors of new construction must be submitted to the Iowa City Design Review Committee for review and recommendation. The Design Review Committee recommendation will be submitted to the Iowa City City Council for review and approval. The City Council must approve the exterior design for all new construction prior to issuance of a Near Southside Commercial 4 Urban Revitalization Plan -/intended 1999 building permit in order for the improvements to qualify for property tax exemption. Time Frame The Commercial Area shall remain a designated revitalization area until December 31, 2009. (Amended October 12, 1999) Revenue Bonds The City has no plans to issue revenue bonds for revitalization projects within the Commercial 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 significant. (Amended October 12, 1999) In order to be considered eligible, all improvements must be completed in conformance with all applicable regulations of the City of Iowa City, and 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 both assessed as commercial 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. (Amended October 12, 1999) 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 (1993). 2. All qualified real estate is eligible to receive a partial exemption from taxation Near Southside Commercial 5 Urban Revltalization Plan -Amended 1999 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: a. For the first year, eighty percent (80%). b. For the second year, seventy percent (70%). c. For the third year, sixty percent (60%). d. For the fourth year, fifty percent (50%). e. For the fifth year, forty percent (40%). f. For the sixth year, forty percent (40%). g. For the seventh year, thirty percent (30%). h. For the eight year, thirty percent (30%). i. For the ninth year, twenty percent (20%). j. 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 Commercial Area. Upon such consideration, the following shall be provided under the Commercial 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 Commercial 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 a property owner to qualify for said tax exemption. Eligibility "Qualified tenant" means the legal displaced occupant of a residential dwelling unit which is located within the designated Commercial 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 Commercial Revitalization Plan. There are no relocation provisions made for displacement from commercial units. Near Southside Commercial 6 Urban Revitalization Plan - Amended 1999 Actual Reasonable Moving and Related Expenses A qualified tenant of a dwelling is entitled to actual reasonable expenses for: a. Transportation of the displaced person and personal property from the displacement site to the replacement site. Transportation costs for a distance beyond twenty-five miles are not eligible. b. Packing, crating, unpacking and uncrating of personal property. c. Disconnecting, dismantling, removing, reassembling and reinstailing relocated household appliances and other personal property. d. or reconnecting utility services, including cable Discontinuing, transferring 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. SECTION 3: FEDERAL, STATE OR PRIVATE GRANT OR LOAN PROGRAMS AVAILABLE FOR IMPROVEMENTS Community Development Block Grants (CDBG) CDBG monies are federal monies which 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. Community Economic Betterment Account (CEBA) The purpose of the State Community Economic Betterment Account (CEBA) program is to increase direct and indirect employment opportunities for Iowans by increasing the level of economic activity within the State of Iowa. The program provides financial assistance to businesses which require assistance in order to create new job opportunities or retain existing jobs in jeopardy. 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 Near Southside Commercial 7 Urban Revitalization Plan - Amended 1999 Iowa (1993). 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 COMMERCIAL REVITALIZATION PLAN Once the City has adopted the Commercial 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 Sestion 362.3, Code of Iowa (1993), 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. 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 Commercial Revitalization Plan would cease to be of benefit to the City, the City Council may repeal the ordinance establishing the Commercial Area. In that event, all existing exemptions shall continue until their expiration. Shared\ecodev\nssamen.doc Near Southside Commercial 8 Urban Revitalization Plan - Amended 1999 NEAR SOUTHSIDE COMMERCIAL REVITALIZATION AREA MAP 93 BURLINGTON .,-- i COUR '7 court 2 I House Federal 8u/Iding ! 25 ~ ~6 ~7 Map depicts existing parcels within urban revitalization area. NEAR SOUTH SIDE" REDEVELOPMENT SITES Addendum C2 8URL!IGT~ ~T. ! 101 ~OURT FEDERAL HOUSE at UZLDZN G I 2 13 eeeeeee - ,,;-_--_ . i " ? - _,~,,,,,~_,~ .... ST. SCALE LEGEND S YEARS 5-10 YEARS VACATED STREETS 8LOCK NUMBERS Parcel # ADDENDUM C3 NEAR SOUTHSIDE COMMERCIAL URBAN REVITALIZATION AREA ASSESSED VALUATION OF REAL ESTATE AND OWNERS OF RECORD OF REAL ESTATE September 1994 Land Building & Assessed Improvement Property Address Value~ Assessed Value~ Total1 Owner of Record &Address EASTERLY HALF OF BLOCK 101, ORIGINAL TOWN (BOUNDED BY BURLINGTON, CLINTON, COURT) 58753000 22 E. Court $59,500 $144,050 $203,550 62401001 335 S. Clinton 107,280' 60,630 167,910 ,53736000 325 S. Clinton 389,280 362,460 751,740 63998000 301 S. Clinton 312,600 807,530 1,120, 130 BLOCK 101 TOTALS John. T. & Connie Nolan 22 E. Court Iowa City, IA 52240 A-B Building Associates 335 S. Clinton Iowa City, IA 52240 Iowa State Bank & Trust Co. 102 S. Clinton Iowa City, IA 52240 Perpetual Savings & Loan Assoc. P. O. Box 73850 Cedar Rapids, IA 52407-3850 $868,660 $1,374,67O $2,243,330 ~Land & building assessed values are the 1993 Assessment as provided by the City Assessor's Office. 2As property owned by a utility company, only that portion leased to a non-utility entity is assessed for local taxation purposes. 3Totals do not include tax exempt values for 228 E. Court Street. Addendure C3 (continuea) · Near Southside Commercial Urban Revltalizatlon Area Land Building & Assessed Improvement Parcel # Property Address Value~ Assessed Value~ Total1 Owner of Record & Address BLOCK 102, ORIGINAL TOWN (BOUNDED BY BURLINGTON, DUBUQUE, COURT, CLINTON) 63994000 (paving only) $40,800 $1,220 $42,020 E; Burlington 57131000 109 E. Burlington 60,040 72,940 132,980 62658000 105 E. Burlington 128,120 34,290 162,410 57128000 314 S. Clinton 163,200 148,290 311,490 57129000 (paving only) 89,720 3,270 92,990 318-320 S. Clinton 60105000 328 S. Clinton 163,200 214,220 377,420 60793000 336 S. Clinton 195,840 251,700 447,540 63999000 325 S. Dubuque 338,400 920,070 1,258,470 61548000 313-317 S. Dubuque St. 210,120 210,780 420,900 55679000 (Gravel Parking Lot) 249,860 -- 249,860 311 S. Dubuque 64000000 301S. Dubuque 50,880 226,040 276,920 Hieronymi 3322 Muscatine Ave Iowa City, IA 52240 Blackhawk Partners c/o Lincoln Real Estate 1218 Highla, nd Court Iowa City, IA 52240 Mid Americ3 Savings Bank 325 S. Dubuque St. Iowa City, IA 52240 Hieronymi 3322 Muscetine Ave Iowa City, IA 52240 MOD POD, Inc. 301 S. Dubuque St. Iowa City, IA 52240 BLOCK 102 TOTALS $1,690,1 80 $2,082,820 $3,773,000 ~Land & building assessed values are the 1993 Assessment as provided by the City Assessor's Office. 2As property owned by a utility company, only that portion leased to a non-utility entity is assessed for local taxation purposes. 3Totals do not include tax exempt values for 228 E. Court Street. 2 Parcel # 58745001 Property Address Aaoenourn ~ Near Southside Commercial Urban Revltalization Area Land Building & Assessed Improvement Value~ Assessed Value Total1 Owner of Record & Address BLOCK 103, ORIGINAL TOWN (BOUNDED BY BURLINGTON, LINN, COURT, DUBUQUE) 307-321 S. Linn $240,000 New $240,000 Soutt~town Properties, L.C. Apartments 227 Mahaska Dr. No building val- Iowa City, IA 52246 ues for 1993 55781000 231E. Burlington 163,200 143,110 306,310 55864000 302 S. Dubuque 216,000 38,460 254,460 64006000 320 S. Dubuque 328,500 2,464,170 2,792,670 65022000 228 E. Court 54,250 762,860 817,110 (tax exempt) (tax exempt) (tax exempt) BLOCK 103 TOTALS3 $947,700 $2,645,740 $3,593,440 Firestone Real' Estate Leasing Co. 50 Century Blvd. Nashville, TN 37214 J. Ed Foraker - Owner Coastal Mart, Inc. P. O. Box 4372 Houston, TX 77210 Capitol States Associates P. O. Box 288 Iowa City, IA 52244 St. Patrick's Church 228 E. Court St. Iowa City, IA 52240 ~Land & building assessed values are the 1993 Assessment as provided by the City Assessor's Office. 2As property owned by a utility company, only that portion leased to a non-utility entity is assessed for local taxation purposes. 3Totals do not include tax exempt values for 228 E. Court Street. 3 Aoaenoum ~ ~contlnueo~ Near Southside Commercial Urban Revitalization Area Lend Building & Assessed Improvement Parcel # Property Address Value~ Assessed Value~ Total1 Owner of Record & Address OUT LOT 24, S.J. JOHNSON SUBDIVISION (BOUNDED BY BURLINGTON, GILBERT COURT, LINN) 62886000 316 E. Court $33,970 $2,740 $36,710 57887000 330 E. Court 47,040 207,770 254,810 62878000 317 S. Gilbert 43,200 3,510 46,710 62877000 319-329 S. Gilbert 129,200 140,460 269,660 61143000 329 S. Gilbert --- 7,840 7,840 61331000 315 S. Gilbert 14,780 58,320 73,100 62885000 S. Gilbert St. Rear 13,150 --- 13,150 (behind 315 S. Gilbert) 58539001 323 E. Burlington 270,980 161,780 432,760 CahilI-Cahill 317 N. 7th Avenue Iowa City, IA 52245-6003 Old Feed Store Associates 330 E. Court St. Iowa City, IA 52240 Cahill-Cahill. 317 N. 7th Ave. Iowa City, fA 52245-6003 CahilI-Cahill 317 N. 7th Ave. Iowa City, IA 52245-6003 David Cahill 317 N. 7th Ave. Iowa City, IA 52245-6003 Jafar & Lynne Mogadam 5452 Observatory Ave. Riverside, IA 52327 CahilI-Cahill 317 N. 7th Ave. Iowa City, IA 52245-6003 DPB Enterprises Quik Trip Corp. #509 c/o Avtax, Inc. 1025 Everett Rd. Lake Forest, IL 60045 ~Land & building assessed values are the 1993 Assessment as provided by the City Assessor's Office. 2As property owned by a utility company, only that portion leased to a non~utility entity is assessed for local taxation purposes. 3Totals do not include tax exempt values for 228 E. Court Street. 4 Aadenoum ~ (continuea] Near Southside Commercial Urban Revitalizatlon Area Land Building & Assessed Improvement Parcel # Property Address Value~ Assessed Value~ Total1 65261000 302 S. Linn --- 628,060 628,060 53047000 320 S. Linn $52,500 $239,290 $291,790 55866000 324 S. Linn 11,380 54,490 65,870 61374000 330 S. Linn 35,500 136,700 172,200 58599000 332 S. Linn 27,000 87,040 114,040 55866000 324 S. Linn 11,380 54,490 65,870 OUTLOT 24 TOTALS $678,700 $1,728,000 $2,406,700 Owner of Record & Address Nodhwestem Bell Telephone Co.2 U.S. West, Inc. 6300 S. Syracuse Way Englewood, CO 80111 Gene Kroeger & David Tigges 500 S. Dubuque Iowa City, IA 52240 David Tigges & Gene Kroeger 500 S. Dubuque St. Iowa City, IA 52240 Joel Schintler 1123 Washington St. Iowa City, IA 52245 Gene Kroeger & David 'i'igges 500 S. Dubuque Iowa City, IA 52240 David Tigges & Gene Kroeger 500 S. Dubuque St. Iowa City, IA 52240 ~Land & building assessed values are the 1993 Assessment as provided by the City Assessor's Office. 2As property owned by a utility company, only that portion leased to a non-utility entity is assessed for local taxation purposes. 3Totals do not include tax exempt values for 228 E. Court Street. t"tUU~I IUM I I I ~.fi.} ~,~UI II, Ii lUt~uI Near Southside Comrnerclal Urban Revitallzation Area Land Building & Assessed Improvement Parcel # Property Address Value~ Assessed Value~ Total1 Owner of Record & Address BLOCK 2, BERRYHILL & PIERCE ADDITION (AREA BOUNDED BY COURT, GILBERT, HARRISON, & MALDEN LANE) 53033000 Vacant Lot $27,260 $3,160 $30,420 S: Gilbert 55418001 409-415 S. Gilbert 86, 140 82,010 168,150 53973000 405 S. Gilbert 22,400 96,980 119,380 63619000 401S. Gilbert & 27,430 498,680 526,110 329 Court St. BLOCK 2 TOTALS Benjamin Chait 218 E. Washington St. Iowa City, IA 52240 Robert & Kum Eickhorst 527 Galway Dr. Iowa City, IA 52240 Daryl Woodson Properties, Inc. 405 S. Gilbert St. Iowa City, IA 52240 Daryl & Nancy Granner c/o B. Chait Suite 201 218 E. washington St. Iowa City, IA 52240 $163,230 $680,830 $844,060 ~Land & building assessed values are the 1993 Assessment as provided by the City Assessor's Office. 2As property owned by a utility company, only that portion leased to a non-utility entity is assessed for local taxation purposes. 3Totals do not include tax exempt values for 228 E. Court Street. 6 Aadenaum ~ (cominuea) Near Southside Commercial Urban Revftalization Area Parcel # Land Building & Assessed .Improvement Property Address Value~ Assessed Value~ TotalI Owner of Record &Address BLOCK 5, LYON'S FIRST ADDITION (AREA BOUNDED BY HARRISON, GILBERT, PRENTISS, & MAIDEN LANE) 63240000 330 Prentiss St. $22,850 $236,430 $259,280 54355000 525 S. Gilbert 17,060 59,750 76,810 59082000 521 S. Gilbert 24,410 78,070 102,480 53926000 519 S. Gilbert 21,650 --- 21,650 (vacant lot) '62345000 507 S. Gilbert 24,100 67,800 91,900 62344000 509 S. Gilbert 23,380 86,290 109,670 53031000 Vacant Lot 20,670 3,080 23,750 S. Gilbert BLOCK 5 TOTALS Joseph Kennedy. 529 S. Gilbert Iowa City, IA 52240 Gary M. Fitzpatrick 411 S. Summit St. Iowa City, IA 52240 Gary M. Fitzpatrick 411 S. Summit St. Iowa City, I~A 52240 Peter & Grace Jochimsen and Carl & Janet Goetz 507 S. Gilbert St. Iowa City, IA 52240 Peter & Grace Jochimsen and Carl & Janet Goetz 507 S. Gilbert St. Iowa City, IA 52240 Bridge Associates, Inc. 2405 Towncrest Dr. Iowa City, iA 52240 Benjamin Chait 218 E. Washington St. Iowa City, IA 52240 $154,120 $531,420 $685,540 . ~Land & building assessed values are the 1993 Assessment as provided by the City Assessor's Office. 2As property owned by a utility company, only that portion leased to a non-utility entity is assessed for local taxation purposes. 3Totals do not include tax exempt values for 228 E. Court Street. 7 Near Southside Oommerclal Urban Revitalizatlon Area Land Building & Assessed Improvement Parcel # Property Address Value~ Assessed Value~ Total1 Owner of Record & Address BLOCK 20, COUNTY SEAT ADDITION (SOUTHEAST PORTION - BOUNDED BY HARRISON, MALDEN LANE, PRENTISS) 59859000 310 Prentiss $83,790 $106,870 $190,660 SOUTHEAST PORTION OF BLOCK 20 TOTALS $83,790 $106,870 $190,660 Thomas Nereim 2060 Melmse Ave. Iowa City, IA 52246 BLOCK 19 (NW CORNER), COUNTY SEAT ADDITION (BOUNDED BY COURT, LINN, HARRISON, MAIDEN LANE) 62879001 402 S. Linn St. BLOCK 19 TOTALS NEAR SOUTHSIDE COMMERCIAL URBAN REVITALIZATION AREA GRAND TOTAL3 $29,160 $110,370 $139,530 $29,160 $110,370 $139,530 $4,615,540 $9,260,720 $13,876,260 Bray & Klockau Enterprises 402 S. Linn St. Iowa City, IA 52240 ecodev~blockc~5.cra ~Land & building assessed values are the 1993 Assessment as provided by the City Assessor's Office. 2As property owned by a utility company, only that portion leased to a non-utility entity is assessed for local taxation purposes. 3Totals do not include tax exempt values for 228 E. Court Street. 8 NEAR SOUTHSIDE Adde,~,= c4 COMMERCIAL REVITALIZATION AREA MAP -EXISTING LAND USES- i ! I i BURLINGTON COURT :5. court 2 I Hogse Federol Build/rig (RetaLl/OffLce/!(on-iesLdent~aZ) ~ ~ 26 II Resident~al Commercial & Resident~al Religious , : :: /~/t/ F~pared by: David Schoon, Economic Develop., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5236 RESOLUTION NO. RESOLUTION APPROVING THE AMENDED NEAR SOUTHSIDE COMMERCIAL URBAN REVITALIZATION PLAN WHEREAS, the City Council for the City of Iowa City, Iowa, adopted Resolution approving the Near Southside Commercial Urban Plan (the "Plan") for the Ne; Commercial Urban Revitalization Area (the "Area"); and 94-357 Southside WHEREAS, since the adoption of the Plan the City Council has determined Plan to expand the definition of projects eligible for property tax exemption to amend the the Area; and WHEREAS, the City Council held a public hearing at the time and pla all persons appearing and desiring to be heard regarding the amend, hear; and scheduled and provided Plan the opportunity to be WHEREAS, it is in the public interest to approve the amended NOW THEREFORE BE IT RESOLVED'~Y THE CITY IOWA, THAT: ,,, as provided by law. OF THE CITY OF IOWA CITY, 1. The City Council has held a public 9 Revitalization Plan as required 2. The Amended Near Southside Commercial NOW, THEREFORE, BE IT RESOLVED IOWA, THAT: Passed and approved this of ATTEST: CITY CLERK It was moved by adopted, and up~ roll call there were: NAYS: ecodev/reszsouthside.doc Near Southside Commercial Urban Code Chapter 404.2 (1999). Dan Revitalization Plan is hereby approved. ~E ~TY COUNCIL OF THE CITY OF IOWA CITY, \\ \ ,1999. MAYOR '~p ved)b ";0 \, and seconded by ~, the Resolution be · ABSENT: Champi Kubby Lehman Norton O'Donnell Thornberry Vand Prepared by: Andy Matthews, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. RESOLUTION PROVIDING FOR COOPERATION WITH OTHER GOVERNMENTAL UNITS IN THE CREATION AND OPERATION OF THE SERVICE DELIVERY AREA 10 CONSORTIUM AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT ESTABLISHING A REGION 10 CHIEF ELECTED OFFICIAL BOARD AND ADOPTING AN INTERGOVERNMENTAL COOPERATION AGREEMENT OF SUCH BOARD WHEREAS, the Governor of Iowa determined that on March 25, 1999 the counties of Benton, Cedar, Iowa, Johnson, Jones, Linn and Washington, shall comprise Workforce Investment Region 10 pursuant to the Workforce Investment Act of 1998; and WHEREAS, the Workforce Investment Act (WIA) of 1998 requires, and Chapter 28E, The Code of iowa (1999) allows, units of local government to indicate their joint participation in the WIA, by executing a joint exercise of powers agreement in accordance with those laws and regulations; and WHEREAS, the heretofore-named counties desire to padicipate in, and be a member of Workforce Investment Region 10 as designated by the Governor. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City of Iowa City, Iowa does hereby pledge its cooperation with the governing bodies of other cooperating governmental units in the creation and operation of the Workforce Investment Region 10 Board by adopting the Intergovernmental Cooperation Agreement of such Board which is attached hereto and by this reference made a part hereof. 2. The Mayor is authorized to sign and the City Clerk to attest said Agreement. Passed and approved this 12th day of October ,1999 ATTEST: ~.~ ~. ~ Approved By: CIT,r'~CLi:RK City ,~t{or~ey's Offi~e -- It was moved by Vanderhoef and seconded by Tho~'nber~'y the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kubby X Lehman X Norton X O'Donnell X Thornberry X Vanderhoef andy\res\arealO.doc Articles of Agreement For the Region 10 Chief Elected Official Consortium Workforce Investment Act of 1998 WltEREAS, pursuant to the Workforce Investment Act (WIA) of 1998, the Govemor of Iowa has determined that on March 25, 1999, the counties of Benton, Cedar, Iowa, Johnson, Jones, Linn and Washington shall comprise Workforce Investment Region 10; and WHEREAS, the counties of Benton, Cedar, Iowa, Johnson, Jones, Linn and Washington and the cities of Cedar Rapids, Coralville, Marion and Iowa City desire to participate in and be a member of Workforce Investment Region I 0 as designated by the Govemor; and WHEREAS Chapter 28E of the Iowa Code allows units of local government to indicate their joint participation in the Workfome Investment Act of 1998 by executing a joint-exercise of powers of agreement in accordance with those laws and regulations: It Is Now, Therefore Agreed, That The Above Listed Counties and Cities in Workforce Investment Region 10, Join Together For The Purpose Of Establishing A Chief Elected Official Board Under The Workt'ovce Investment Act Of 1998 As Follows: 1. Purpose To establish a Chief Elected Official (CEO) Board pursuant to the provisions of Iowa Code Chapter 28E and the Workforce Investment Act of 1998. 2. Duration This agreement shall be effective upon the approval of the Boards of Supervisors or City Councils of each of the member counties and cities and the filing of this Agreement with the Secretary of State. This Agreement shall continue until the Workforce Investment Act is rescinded or the region as currently designated is changed by the Governor or upon the CEO organization amending this Agreement. 3. New Entity No separate legal or administrative entity is being created because of this Agreement. Pursuant to Iowa Code Chapter 28E.6 the CEO Board shall be responsible for administering this agreement and joint undertaking. 4. Organization and Administration The activities of the Chief Elected Official Board (CEO) shall be directed by a fifteen (15) member Board of Directors composed as follows: 09127199 1) One (1) member from each of the Counties of Benton, Cedar, Iowa, Johnson, Jones and Washington and the Cities of Coralville, Marion and Iowa City. 2) Three (3) members from each of the County of Linn and the City of Cedar Rapids. 3) The member agencies shall appoint their representative(s) to the CEO Board, all of whom shall be locally elected officials. 4) Each member agency may appoint alternates in total number not greater than its voting representative(s). All alternates shall be elected officials: regular and alternate representatives shall serve at the pleasure of the member agency. The CEO Board shall elect a Chairperson by majority vote of the CEO Board and said Chairperson shall be elected annually. 5. Financing This joint cooperative undertaking is to be financed by the federal funds allocated to the region under the Workforce Investment'Act of 1998 and with funds that the CEO Board may apply for and receive on behalf of the Region 10 Workforce Development Center System. 6. Powers and Duties The roles and responsibilities of the ChlefElected Official Board include: Providin~ input to the Govemor, through IWD, on designation of local workforce investment regions. · Securing nominations for RWIB vacancies in accordance with Iowa Administrative Rules 877 - Chapter 6, and making final selection for appointment. · Accepting liability for any misuse of WIA funds expended under the contract. · Serving as Local Grant Recipient under WIA, including designating an entity to serve as local sub-recipient. · In partnership with the RWIB, the CEO is responsible for: * Negotiating and reaching agreement with IWD on local performance standards. · Appointing a Youth Advisory Council. · Determining the role of the Coordinating Service Provider. · Designating and certifying the Coordinating Service Provider. · Developing a Chief Elected Official - Regional Workforce Investment Board Agreement, outlining how the two boards will cooperate and collaborate in establishing and overseeing the region's Workforce Development Center system. 2 09/27/99 · Developing and entering into a Memorandum of Understanding with the Workfome Development Center System Partners. · Conducting oversight of the local WIA adult, dislocated worker services, and youth programs and the Workfome Development Center system; evaluating service delivery to determine if local needs and priorities are being met; determining whether regional needs have changed and if so, whether a plan modification is necessary; ensuring quality improvement is on-going, and ensuring that performance standards are met. · Developing and submitting the Regional Workfome Development Customer Service Plan based on the Regional Assessment and Analysis. 7. Regional Workforce Investment Board Nominations and appointments £or the Regional Workforce Investment Board shall be made in compliance with Iowa Administrative Rules 877 ;- Chapter 6. To the extent possible each county will be represented. 8. Executive Committee An Executive Committee may be established by the CEO Board for the purpose of conducting business on it's behalf. 9. Liabil.i. ty Th6'cost of maintaining the Consortium shall be borne as agreed by the member agencies. Provided, however, that no member shall be assessed costs or liability in a proportion greater than that member's proportional representation on the CEO Board as stated in Section 4. 10. Local Sub-recipient The CEO shall select the local sub-recipient by sole source. The entity will be confirmed by a majority vote of the CEO. The entity will perform all responsibilities required by federal and state roles. 11. Property No property, real or personal, shall be acquired as a result of this Agreement. 12. Termination by Member Agencies Member agencies may terminate their membership in the legal entity by notifying the CEO Board in writing one hundred and eighty (180) days before the termination date. Member agencies filing notice to terminate shall remain obligated to the full extent of their participation through the full term of their membership. 3 09/27/99 13. Amendments Amendments to this Agreement become effective upon the unanimous agreement of member agencies. Passed and approved this day of Chairperson, x'N County Board Attest: I, County of _, Iowa do hereb, the fore was duly and regularly governing on the day of County Auditor 4 09~27/99 THE CITY OF IOWA CITY ~' October 12, 1999 Dated Approved By ATTEST: ~anan K. Ka'rr, City Clerk ~ity A~or~e-y~'s Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) Onthis fZ_*A dayof 0c--~c~{~4~ ,1999, beforeme, S~,nrJ¢~.~ ~,-'{- , a Notary Public in and for the State of Iowa, personally appeared Ernest W. Lehman and Marian K. Kart, to me personally known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council; and that Ernest W. Lehman and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of said municipal corporation, by it and them voluntarily executed. Notary Public in and for the State of Iowa 10-12-99 14 Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 99-355 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF IOWA CITY AND ELEANOR M DILKES, CITY ATTORNEY, AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY ATTORNEY TO A'I'rEST THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MARlAN K KARR, CITY CLERK WHEREAS, pursuant to previous action by the City Council of Iowa City, Marian Karr is the City Clerk for the City of Iowa City and Eleanor M. Dilkes is the City Attorney for the City of Iowa City; and WHEREAS, the City and said employees desire to set forth in writing the terms and conditions of said employees' employment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT the Mayor is hereby authorized to sign and the City Clerk to attest the attached employment agreement between the City of Iowa City and Eleanor M. Dilkes, City Attorney and the Mayor is hereby authorized to sign and the City Attorney to attest the attached employment agreement between the City of Iowa City and Madan K. Karr, City Clerk. Passed and approved this 12th day of OCtober ,19 99 ATFEST:Ci~,~jLE'~KK) ~' rove A YT,. City Attorney's Office It was moved by Thornberry and seconded by adopted, and upon roll call there were: O'Donnell AYES: NAYS: ABSENT: X X X X X X eleano~res~employ,doc the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Employment Agreement THIS AGREEMENT, is made and entered into this 12th day of October ].999 by and between the City of Iowa City, State of Iowa, a municipal corporatior; hereinafter called "Employer," and Eleanor M. Dilkes, hereina~er called "Employee". WHEREAS, Pursuant to previous action by Employer, Employee is the City Attorney for the City of Iowa City; and WHEREAS, Employer and Employee desire to set forth in writing the terms and conditions of Employee's employment as City Attorney. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1: Duties Pursuant to Article II of the City Charter, Employer hereby agrees to employ said Eleanor M. Dilkes as City Attorney for the City of Iowa City to perform the functions and duties specified in Title I, Chapter 7, City Code, and to perform other legally permissible and proper duties and functions as the Council shall from time to time assign. Section 2: Term A. This agreement shall be for an indefinite time. Nothing in this agreement shall prevent, limit, or otherwise interfere with the right of the Council to terminate the services of Employee at any time, subject only to the provisions set forth in Section 4, Paragraphs A and B, of this agreement. Co Nothing in this agreement shall prevent, limit, or otherwise interfere with the right of the Employee to resign at any time from her position with Employer, subject only to the provisions set forth in Section 4, Paragraph C. Section 3: Suspension Employer may suspend the Employee with full pay and benefits at any time during the term of this agreement, but only if: 1. A majority of Council and Employee agree; or After a public hearing, a majority of Council votes to suspend Employee for just cause provided, however, that Employee shall have been given written notice setting forth any charges at least ten days prior to such hearing by the Council members bringing such charges. Section 4: Termination and Severance Pay A. In the event Employee is terminated by the Council during such time as Employee is willing and able to perform her duties under this agreement, then in that event Employer agrees to pay Employee a lump sum cash payment equal to three months aggregate salary, provided, however, that in the event Employee is terminated because of her conviction of any illegal act involving personal gain to her, then, in that event, Employer shall have no obligation to pay the aggregate severance sum designated in this paragraph. 2 In the event Employer at any time during the term of this agreement reduces the salary or other financial benefits of Employee in a greater percentage than an applicable across-the- board reduction for all City employees, or in the event Employer refuses, following written notice, to comply with any other provision benefiting Employee herein, or the Employee resigns following a suggestion, whether formal or informal, by the Council that she resign, then, in that event, Employee may, at her option, be deemed to be "terminated" at the date of such reduction or such refusal to comply within the meaning and context of the severance pay provision. C. In the event Employee voluntarily resigns her position with Employer, then Employee shall give Employer one month notice in advance, unless the parties otherwise agree. Section 5: Disability If Employee is permanently disabled or is otherwise unable to perform her duties because of sickness, accident, injury, mental incapacity, or health for a period of twelve successive weeks, including any accrued sick leave, Employer shall have the option to terminate this agreement, subject to the severance pay requirements in Section 4, Paragraph A. However, Employee shall be compensated for any accrued sick leave, vacation, compensatory time, and other accrued benefits. Section 6: Salary Employer agrees to pay Employee for her services rendered pursuant hereto an annual base salary of $78,811.20, payable in installments at the same time as other employees of the Employer are paid. In addition, Employer agrees to review said base salary and/or other benefits of Employee and adjust said salary and benefits in such amounts and to such extent as the Council may determine that it is desirable to do so on the basis of an annual salary review of said Employee made at the same time as similar consideration is given other employees generally. Section 7: Performance Evaluation The Council shall review and evaluate the performance of the Employee at least once annually, with the method of evaluation to be in accordance with provisions of applicable law. Section 8: Hours of Work It is recognized that Employee must devote a great deal of time outside the normal office hours to business of the Employer, and to that end Employee will be allowed to take compensatory time off as she shall deem appropriate during said normal office hours. Section 9: Outside Activities Employee shall not spend more than ten hours per week in teaching, counseling, or other non- Employer connected business without the prior approval of the Council. Section 10: Vacation, Sick, and Military Leave A. Employee shall accrue, and have credited to her personal account, vacation and sick leave at the same rate as other general employees of Employer. Additional vacation time may be credited to Employee upon the mutual agreement of Employer and Employee. Section 11: Disability, Health, and Life Insurance A. Employer agrees to make required premium payments for insurance policies for such life, accident sickness, disability income benefits, major medical and dependent coverage group insurance covering Employee and her dependents as Employer may now or hereafter have in effect for its administrative employees. Employer agrees to provide dental, hospitalization, surgical and comprehensive medical insurance for Employee and her dependents and to pay the premiums thereon equal to that which is provided all other employees of Employer. Section 12: Dues and Subscriptions Employer agrees to budget and pay for the professional duties and subscriptions of Employee necessary for her continuation and full participation in national, regional, state, and local associations and organizations necessary and desirable for her continued professional participation, growth, and advancement, and for the good of the Employer. Section 13: Professional Development Employer hereby agrees to budget for and to pay the travel and subsistence expenses of Employee for professional and official travel, meetings, seminars, courses, continuing education and occasions adequate to continue the professional development of Employee and to adequately pursue necessary official and other functions for Employer. Section 14: Indemnification Employer shall defend, save harmless, and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee's duties as City Attorney. Employer will compromise and settle any such claim or suit and pay the amount of any settlement or judgement rendered thereon. Section 15: Bonding Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. Section 16: Other Terms and Conditions of Employment A. The Council, in consultation with the Employee, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this agreement, the City Charter or any other law. B. All provisions of the City Charter and Code, and regulations and rules of the Employer relating to vacation and sick leave, retirement and pension system contributions, holidays and other fringe benefits and working conditions as they now exist or hereafter may be amended, also shall apply to Employee as they would to other employees of Employer, in addition to said benefits enumerated specifically for the benefit of Employee, except as herein provided. Employee shall be entitled to receive the same vacation and sick leave benefits as are accorded department heads, including provisions governing accrual and payment therefor on termination of employment. 4 Section 17: No Reduction of Benefits Employer shall not at any time during the term of this agreement reduce the salary, compensation, or other financial benefits of Employee, except to the degree of such a reduction across-the-board for all employees of the Employer. Section 18: Notices Notices pursuant to this agreement shall be given by deposit in the custody of the Unites States Postal Service, postage prepaid, addressed as follows: 1 ) Employer: 2) Employee: Mayor 410 E. Washington Street Iowa City, IA 52240 Eleanor M. Dilkes 410 E. Washington Street Iowa City, IA 52240 Alternatively, notices required pursuant to this agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as the date of deposit of such written notice in the course of transmission in the United States Postal Service. Section 19: General Provisions A. The text herein shall constitute the entire agreement between the padies. B. This agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. C. This agreement shall become effective commencing July 1, 1999. If any provisions, or any portion thereof, contained in this agreement is held unconstitutional, invalid or unenforceable, the remainder of this agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. IN WITNESS WHEREOF, the City of Iowa City, Iowa has caused this agreement to be signed and executed in its behalf by its Mayor, and duly attested by its City Clerk, and the Employee has signed and executed this agreement, both in duplicate, the day and year first above written. CITY OF IOWA CITY, IOWA By: El~ea~o'~r I~1. Dilke~~s'(''''''' ATTEST: By: ~ ~ ~"-442 eleanor/agtJdilkes,doc Employment Agreement THIS AGREEMENT, is made and entered into this 12th day of October 1999 by and between the City of Iowa City, State of Iowa, a municipal corporatior; hereina~er called "Employer," and Marian K. Karr, hereinafter called "Employee". WHEREAS, Pursuant to previous action by Employer, Employee is the City Clerk for the City of Iowa City; and WHEREAS, Employer and Employee desire to set forth in writing the terms and conditions of Employee's employment as City Clerk. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1: Duties Pursuant to Article II of the City Charter, Employer hereby agrees to employ said Marian K. Karr as City Clerk for the City of Iowa City to perform the functions and duties specified in Title I, Chapter 7, City Code, and to perform other legally permissible and proper duties and functions as the Council shall from time to time assign. Section 2: Term A. This agreement shall be for an indefinite time. Nothing in this agreement shall prevent, limit, or otherwise interfere with the right of the Council to terminate the services of Employee at any time, subject only to the provisions set forth in Section 4, Paragraphs A and B, of this agreement. C. Nothing in this agreement shall prevent, limit, or otherwise interfere with the right of the Employee to resign at any time from her position with Employer, subject only to the provisions set forth in Section 4, Paragraph C. Section 3: Suspension Employer may suspend the Employee with full pay and benefits at any time during the term of this agreement, but only if: 1. A majority of Council and Employee agree; or After a public hearing, a majority of Council votes to suspend Employee for just cause provided, however, that Employee shall have been given written notice setting forth any charges at least ten days prior to such hearing by the Council members bringing such charges. Section 4: Termination and Severance Pay A. In the event Employee is terminated by the Council during such time as Employee is willing and able to perform her duties under this agreement, then in that event Employer agrees to pay Employee a lump sum cash payment equal to three months aggregate salary, provided, however, that in the event Employee is terminated because of her conviction of any illegal act involving personal gain to her, then, in that event, Employer shall have no obligation to pay the aggregate severance sum designated in this paragraph. 2 In the event Employer at any time during the term of this agreement reduces the salary or other financial benefits of Employee in a greater percentage than an applicable across-the- board reduction for all City employees, or in the event Employer refuses, following written notice, to comply with any other provision benefiting Employee herein, or the Employee resigns following a suggestion, whether formal or informal, by the Council that she resign, then, in that event, Employee may, at her option, be deemed to be "terminated" at the date of such reduction or such refusal to comply within the meaning and context of the severance pay provision. C. In the event Employee voluntarily resigns her position with Employer, then Employee shall give Employer one month notice ih advance, unless the parties otherwise agree. Section 5: Disability If Employee is permanently disabled or is otherwise unable to perform her duties because of sickness, accident, injury, mental incapacity, or health for a period of twelve successive weeks, including any accrued sick leave, Employer shall have the option to terminate this agreement, subject to the severance pay requirements in Section 4, Paragraph A. However, Employee shall be compensated for any accrued sick leave, vacation, compensatory time, and other accrued benefits. Section 6: Salary Employer agrees to pay Employee for her services rendered pursuant hereto an annual base salary of $59,009.60, payable in installments at the same time as other employees of the Employer are paid. In addition, Employer agrees to review said base salary and/or other benefits of Employee and adjust said salary and benefits in such amounts and to such extent as the Council may determine that it is desirable to do so on the basis of an annual salary review of said Employee made at the same time as similar consideration is given other employees generally. Section 7: Performance Evaluation The Council shall review and evaluate the performance of the Employee at least once annually, with the method of evaluation to be in accordance with provisions of applicable law. Section 8: Hours of Work It is recognized that Employee must devote a great deal of time outside the normal office hours to business of the Employer, and to that end Employee will be allowed to take compensatory time off as she shall deem appropriate during said normal office hours. Section 9: Outside Activities Employee shall not spend more than ten hours per week in teaching, counseling, or other non- Employer connected business without the prior approval of the Council. Section 10: Vacation, Sick, and Military Leave A. Employee shall accrue, and have credited to her personal account, vacation and sick leave at the same rate as other general employees of Employer. Additional vacation time may be credited to Employee upon the mutual agreement of Employer and Employee. 3 Section 11: Disability, Health, and Life Insurance A. Employer agrees to make required premium payments for insurance policies for such life, accident sickness, disability income benefits, major medical and dependent coverage group insurance covering Employee and her dependents as Employer may now or hereafter have in effect for its administrative employees. Employer agrees to provide dental, hospitalization, surgical and comprehensive medical insurance for Employee and her dependents and to pay the premiums thereon equal to that which is provided all other employees of Employer. Section 12: Dues and Subscriptions Employer agrees to budget and pay for the professional duties and subscriptions of Employee necessary for her continuation and full participation in national, regional, state, and local associations and organizations necessary and desirable for her continued professional participation, growth, and advancement, and for the good of the Employer. Section 13: Professional Development Employer hereby agrees to budget for and to pay the travel and subsistence expenses of Employee for professional and official travel, meetings, seminars, courses, continuing education and occasions adequate to continue the professional development of Employee and to adequately pursue necessary official and other functions for Employer. Section '14: Indemnification Employer shall defend, save harmless, and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee's duties as City Clerk. Employer will compromise and settle any such claim or suit and pay the amount of any settlement or judgement rendered thereon. Section 15: Bonding Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. Section 16: Other Terms and Conditions of Employment A. The Council, in consultation with the Employee, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this agreement, the City Charter or any other law. B. All provisions of the City Charter and Code, and regulations and rules of the Employer relating to vacation and sick leave, retirement and pension system contributions, holidays and other fringe benefits and working conditions as they now exist or hereafter may be amended, also shall apply to Employee as they would to other employees of Employer, in addition to said benefits enumerated specifically for the benefit of Employee, except as herein provided. Employee shall be entitled to receive the same vacation and sick leave benefits as are accorded department heads, including provisions governing accrual and payment therefor on termination of employment. 4 Section 17: No Reduction of Benefits Employer shall not at any time during the term of this agreement reduce the salary, compensation, or other financial benefits of Employee, except to the degree of such a reduction across-the-board for all employees of the Employer. Section 18: Notices Notices pursuant to this agreement shall be given by deposit in the custody of the Unites States Postal Service, postage prepaid, addressed as follows: 1 ) Employer: 2) Employee: Mayor 410 E. Washington Street Iowa City, IA 52240 Madan K. Karr 410 E. Washington Street Iowa City, IA 52240 Alternatively, notices required pursuant to this agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as the date of deposit of such written notice in the course of transmission in the United States Postal Service. Section 19: General Provisions A. The text herein shall constitute the entire agreement between the parties. B. This agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. C. This agreement shall become effective commencing July 1, 1999. If any provisions, or any portion thereof, contained in this agreement is held unconstitutional, invalid or unenforceable, the remainder of this agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. IN WITNESS WHEREOF, the City of Iowa City, Iowa has caused this agreement to be signed and executed in its behalf by its Mayor, and duly attested by its City Attorney, and the Employee has signed and executed this agreement, both in duplicate, the day and year first above written. Mayor City Attorney City Attorney eleanor/agt~karr,doc