Loading...
HomeMy WebLinkAbout2001-05-01 Resolution Prepared by Marian K. Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO. 01-105 RESOLUTION TO ISSUE CIGARE'I'I'E PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes, therefore BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to sell cigarettes: Vine Tavern & Eatery 330 E. Prentiss Street Approved by It was moved by Vanderhoef and seconded by 0'Donnel l the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn 05-01-01 4e(1) Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5053 RESOLUTION NO. 01-106 RESOLUTION SETTING A PUBLIC HEARING FOR MAY 15, 2001 ON AN ORDINANCE AMENDING TITLE 3 ENTITLED "CITY FINANCES, TAXATION & FEES," CHAPTER 4 ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES" OF THE CITY CODE TO INCREASE OR CHANGE THE RATES FOR FEES AND CHARGES FOR WASTEWATER SERVICE CHARGES. WHEREAS, wastewater fees, which were last increased in 2000, are proposed to be increased to generate adequate revenues to pay the costs of operation, maintenance, necessary expansion and debt service for the City's wastewater treatment facilities; and WHEREAS, the City of Iowa City is required to comply with federal wastewater treatment standards, and is planning to make improvements to double the treatment capacity of the existing South Wastewater Treatment Plant, and to construct a sanitary sewer line to connect the two wastewater treatment plants; and WHEREAS, wastewater rates for fees and charges will fund these projects over time; and WHEREAS, the City Code requires that notice and public hearing on proposed changes in rates for fees and charges for City utilities be provided to the public, prior to enactment of said rates for fees and charges. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. A public hearing is hereby set for 7:00 p.m. on May 15, 2001, to be held in the Civic Center Council Chambers, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, to permit public input on the proposed rate increases, decreases, or changes for fees and charges for wastewater Service changes. 2. The City Clerk is hereby authorized and directed to publish notice of said hearing in accordance with State law. Passed and approved this 1st day of Ha Approved by finadm\res\water.doc Resolution No. 01-106 Page 2 It was moved by Vanderhoef and seconded by 0' Donne] ] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner T Lehman X O'Donnell X Pfab X , Vanderhoef ~X Wilburn Prepared by: Terry Trueblood, P&R Director, 410 E. Washington St., Iowa City, IA 52240, (319)356-5110 RESOLUTION NO. RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY SKATE PARK PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE PARKS & RECREATION DIRECTOR TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 15th day of May, 2001, 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. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the Parks and Recreation Director in the office of the City Clerk for public inspection. Passed and approved this day of ,20 MAYOR Approved by CITY CLERK City Attorney's Office I05-01-01 4e(2) Trueblood, P&R Director, 410 E. Washington St., Iowa Cily, IA 52240, (319)356-5 RESOLUTION NO. RESOLUTION A PUBLIC HEARING ON PLANS TIONS, FORM ,3ONTRACT, AND ESTIMATE OF THE CONSTRUCTION THE IOWA CITY SKATE PROJECT, DIRECTING CITY TO PUBLISH NOTICE OF SAID i, AND DIRECTING THE RECREATION DIRECTOR PLACE SAID PLANS ON FILE FOR INSPECTION. BE IT RESOLVED BY THE COUNCIL IOWA CI IOWA: 1. That a public hearing on the plans, and estimate of cost for the construction of the project be held on the 1st day of May, 2001, at 7:00 p.m. in the Council Iowa City, Iowa, or if said meeting is cancelled, at the next meeting Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized to publish notice of the public hearing for the above-named project in a 3ublished at least once weekly and having a general circulation in the City, ur (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, speci form estimate of cost for the construction of 9ct is hereby ordered on file by the Parks and Recreation Director in the of the City Clerk for Passed and approved this ~' of MAYOR Approved by CITY CLE City Attorney's Office P&r/res\skatepark.doc 0 I 05-01-01 4f(1) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 01-107 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF A LIEN REGARDING A SECOND MORTGAGE, A PROMISSORY NOTE, AND A RESALE AGREEMENT FOR THE PROPERTY LOCATED AT 451 RUNDELL STREET, IOWA CITY, IOWA. WHEREAS, on September 11, 1992, the owners of 451 Rundell Street executed a Second Mortgage, a Promissory Note, and a Resale Agreement through the City's Affordable Housing Program for the amount of $8,000, in the form of a loan; and WHEREAS, the property owners declared bankruptcy and the property was returned to the City; and WHEREAS, the City sold the property to another family below 80% median income; 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 451 Rundell Street, Iowa City, Iowa from a Second Mortgage, a Promissory Note, and a Resale Agreement recorded on October 1, 1992, Book 1441, Page 226 through Page 235; of the Johnson County Recorder's Office. Passed and approved this 1st day of . Approved by It was moved by Vande~'hoef and seconded by 0 ' Donne] ] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef 7' Wilburn ppdrehab~res',451 rundell#1 .dec 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 451 Rundell Street, Iowa City, Iowa, and legally described as follows: All that portion of the vacated Grant Court right-of-way lying north of Lot 20, Block 4, lying south of Lot 8, Block 3, lying east of the 30 foot platted alley and lying west of Rundell Street right-of-way as shown on the original plat of Rundell Addition recorded in Plat Book 1, Page 130, Johnson County Recorder's Office. Said parcel measures 60 feet by 125 feet and contains 0.17 acres. from an obligation of the owners, John E. and Sally .L Callahart, to the City of Iowa City in the total amount of $8,000 represented by a Second Mortgage, a Promissory Note, and a Resale Agreement recorded on October 1, 1992, Book 1441, Page 226 through Page 235 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 / ~r day of /~C:byn ' , A.D. 20 ~> t , before me, the undersigned, a Notary Public in and for said ty, 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. l>l-/b7, adopted by the City Council on the / =~' day r/' ,20 o/ and that the said Ernest W. Lehman and Marian K. Karr as such o~cers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for J n Ppdrehab~451 rundell#1 ro4.doc ~/~4'~ I OS'Ol'Ol 4f(2} Prepared by: Liz Osbome, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 01-108 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF A LIEN REGARDING A SECOND MORTGAGE AND APPROVAL OF THE SALE OF THE PROPERTY PURSUANT TO THE RESALE AGREEMENT FOR THE PROPERTY LOCATED AT 451 RUNDELL STREET, IOWA CITY, IOWA. WHEREAS, on July 18, 1995, the owners of 451 Rundell Street executed a Resale Agreement and a Second Mortgage through the City's Affordable Housing Program in the form of a loan for the amount of $30,000; and WHEREAS, the loan was paid off on April 20, 2001; 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 approve of the sale of the property pursuant to the Resale Agreement recorded on September 22, 1995, Book 1973, Page 22 through Page 40 for the properly located at 451 Rundell Street, Iowa City, Iowa; and releases a Second Mortgage recorded on September 22, 1995, Book 1973, Page 47 through Page 52 of the Johnson County Recorder's Office. Passed and approved this ]-st day o~ Approved by ATTEST: ,,~,,~,,-/,_,j//y2, -~/,,4_,,) CI'I'9~LERK C It was moved by Vanderhoef and seconded by O'Donnel I the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X . Champion X Kanner X Lehman X O'Donnell X Pfab × Vanderhoef × Wilburn ppdrehab~res~451 rundell#2.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 451 Rundell Street, Iowa City, Iowa, and legally described as follows: All that portion of the vacated Grant Court right-of-way lying north of Lot 20, Block 4, lying south of Lot 8, Block 3, lying east of the 30 foot platted alley and lying west of Rundell Street right-of-way as shown on the original plat of Rundell Addition recorded in Plat Book 1, Page 130, Johnson County Recorder's Office. Said parcel measures 60 feet by 125 feet and contains 0.17 acres. from an obligation of the owners, Dana and Julie Aschenbrenner, to the City of Iowa City in the total amount of $30,000 represented by the sale of the property pursuant to the Resale Agreement recorded on September 22, 1995, Book 1973, Page 22 through Page 40; and from a Second Mortgage recorded on September 22, 1995, Book 1973, Page 47 through Page 52 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 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) signed, a Notary Public in an id County, ~n 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. ~1-- z~ ~, adopted by the City Council on the / ~r day ~ ~c , 20 I and that the said Ernest W. Lehman and Marian K. Karr as such ers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ppdrehab\4 5 1 rundell#2~ol.doc Prepared by: Liz Osborne, PCD. 410 E. Washington St., iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 01-109 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING TWO AMENDED MORTGAGES FOR THE PROPERTY LOCATED AT 53'1 CENTER STREET, IOWA CITY, IOWA. WHEREAS, on February 25, 2000, the owners of 531 Center Street executed a conditional occupancy mortgage ($4,464) and a five-year declining balance mortgage ($6,000) for a total amount of $10,464 through the City's Housing Rehabilitation Program; and WHEREAS, the balance of the amended loans is 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 531 Center Street, Iowa City, Iowa from the two amended mortgages recorded on February 29, 2000, Book 2910, Page 192 through Page 203 of the Johnson County Recorder's Office. Passed and approved this 1st day of Nay ,20 01 . Approved by It was moved by Vande~-hnef and seconded by O'Donne] ] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion T Kanner ,x, Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn ppdrehab/res/531center2 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 531 Center Street, Iowa City, Iowa. and legally described as follows: Lot 6, Block 5, Woods Addition to Iowa City, Iowa, according to the recorded plat thereof, subject to easements and restrictions of record from an obligation of the property owners, Sandra K. and Arthur P. Fluaitt, to the City of Iowa City in the principal amount of $10,464 represented by two amended mortgages, recorded on February 29, 2000, in Book 2910, Page 192 through Page 203 in the Johnson County Recorder~s Office. This obligation has been satisfied and the property is hereby released, in full from any liens or clouds upon title to the above property by reason of said prior recor ~/T~s. Approved by STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this / st-- day of ~'~/u , A.D. 20 0 1 , before me, the undersigned, a Notary Public in and for said C nty, 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. ~l-ll~q, adopted by the City Council on the / ,,r day o~c o/Vtff.~er ,20 ol and that the said Ernest W. Lehman and Marjan K. Karr as such s acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for Johnson County,/Io~/a~ Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (3191356-5053 RESOLUTION NO. 01-110 RESOLUTION NAMING DEPOSITORIES NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the City of Iowa City, in Johnson County, Iowa, approves the following list of financial institutions to be depositories of the City of Iowa City funds in conformance with applicable provisions of Iowa Code Chapter 12C.2. The City Treasurer is hereby authorized to deposit the City of Iowa City funds in amounts not to exceed the maximum approved for each respective financial institution as set out below. Maximum Balance Maximum Balance Depository in effect under in effect under Name Location of Home Office Local Location prior resolution this resolution Firstar Bank Iowa NA 520 Walnut 222 Second Ave. S.E. $65,000,000.00 $65,000,000.00 P.O. Box 906 Cedar Rapids, IA Des Moines, IA 50304 52401-1214 Iowa State Bank & 102 S. Clinton St. Same $25,000,000.00 ~25,000,000.00 Trust Co. Iowa City, IA 52244-1700 Hills Bank & Trust Co. 131 Main Street 132 E. Washington St. $25,000,000.00 ~25,000,000.00 Hills, IA 52235 Iowa City, IA 52240 Union Planters Bank, 7130 Goodlett Farms Pkwy. 150 E. Court St. $35,000,000.00 $35,000,000.00 N.A. Cordova, TN 38018 Iowa City, IA 52240-4110 Hawkeye State Bank 229 South Dubuque Same 820,000,000.00 820,000,000.00 Iowa City, IA 52240 Commercial Federal P.O. Box 73850 301 S. Clinton St. 835,000,000.00 850,000,000,00 Bank Cedar Rapids, IA Iowa City, IA 52240 52407-3850 Wells Fargo Bank 666 Walnut St. 101 3rd Avenue SW $50,000,000.00 $50,000,000.00 Iowa, N.A. Des Moines, IA 50309 Cedar Rapids, IA 52406 U of I Credit Union 500 Iowa Avenue Same 815,000,000.00 815,000,000.00 Iowa City, IA 52244-2240 Freedom Security 140 Holiday Rd. Same $15,000,000.00 $15,000,000.00 Bank PO Box 5880 Coralville, IA 52241 Passed and approved this 1st day of .v , . R ' Approved by CI K City Attorney's Office Resolution No. 01-110 Page 2 It was moved by Vanderhoef and seconded by 0' Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman ]( O'Donnell X Pfab X Vanderhoef X Wilbum L ~ 05-01-01 E 4f(5) Prepared by: Dan Scott, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO, 01-111 RESOLUTION ACCEPTING THE WORK FOR THE IOWA CITY LANDFILL GAS COLLECTION SYSTEM PROJECT. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Construction of a new landfill gas collection system in accordance with all state and federal regulations as constructed by Westmar, Inc. of Whitesboro, Texas. WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements are hereby formally accepted. Passed and approved this 1 st day oOR~~~,' ,20. Approved by It was moved by Vanderhoef and seconded by 0' Donne] 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner T Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum PwengVes~acceptgascollect doc ENGINEER'S REPORT April 24, 2001 Honorable Mayor and City Council Iowa City, Iowa Re: Iowa City Gas Collection System Project Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the Iowa City Gas Collection System has been completed in substantial accordance with the plans and specifications prepared by Howard R. Green Company of Cedar Rapids, Iowa. The final contract price is $955,845.34. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Richard A. Fosse, P.E. City Engineer Indexbc\ltrs~.-4RF.doc 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319) 356-5000 · FAX (3191 356-5009 M--h:~ I 05'01-01[ 4f(6) Prepared by: Dan Scott, 410 E. Washington St., Iowa City. IA 52240 (319) 356-5144 RESOLUTION NO. 01-112 RESOLUTION ACCEPTING THE WORK FOR THE IOWA CITY LANDFILL RECYCLING PROJECT, PHASE I. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Construction of a new landfill scale and site layout in accordance with all state and federal regulations as constructed by Bill Whitters Construction of Swisher, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements are hereby formally accepted. Passed and approved this 1st day of Hay ,20 01 Approved by ATTEsT:c W"/ j It was moved by Vande~'hoef and seconded by 0' Donnel ] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab × Vanderhoef × Wilburn ENGINEER'S REPORT April 24, 2001 Honorable Mayor and City Council Iowa City, Iowa Re: Iowa City Landfill Recycling Project, Phase I. Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the Iowa City Landfill Recycling Project, Phase I, has been completed in substantial accordance with the plans and specifications prepared by Howard R. Green Company of Cedar Rapids, Iowa. The final contract price is $161,387.39. I recommend that the above-referenced im arovements be accepted by the City of Iowa City. Sincerely, Richard A. Fosse, P.E. City Engineer Indexbc\ltrs%2-3RF.doc 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240 1826 · (319) 356 5000 · FAX (319) 356-5009 I05-01-01 I DENIED Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5240 (SUB01-0003) RESOLUTION NO. RESOLUTION APPROVING THE EXTRATERRITORIAL PRELIMINARY PLAT OF PRAIRIE EDGE, JOHNSON COUNTY, IOWA. WHEREAS, the owner, Allen and Elsie Long filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Prairie Edge; and WHEREAS, the Department of Ranning and Community Development and the Public Works Department examined the preliminary plat and recommended denial; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended denial of the plat; and WHEREAS, notwithstanding the above recommendations, the City Council finds the preliminary plat substantially conforms with all of 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: 1. The preliminary plat of Prairie Edge, 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 day of ,20 MAYOR A .,b ATTEST: ~ity Att ~'~~ oiTY c,ERK ppdadmlreslprair~eclgedoc STAFF REPORT To: Planning & Zoning Commission Prepared by: Robert Miklo Item: SUB01-0003 Prairie Edge Date: April 17, 2001 GENERAL INFORMATION: Applicant: DSS Properties c/o Steve Streb P.O. Box 3327 Iowa City, IA 52244 351-8282 Requested Action: Preliminary plat approval Purpose: To create five residential lots Location: West side of Prairie du Chien, north of Linder Road. Size: 5.66 acres Existing Land Use and Zoning: Single-family home/vacant, County RS Surrounding Land Use and Zoning: North: Agricultural, County RS South: Residential, County RS East: Residential, County RS West: Residential, County RS Comprehensive Plan: Fringe Area A, Iowa City North Corridor District File Date: March 27, 2001 45 Day Limitation Period: May 13, 2001 BACKGROUND INFORMATION: The property is within Fringe Area A of the Iowa City/Johnson County Fringe Area Agreement. The agreement indicates that this area is within Iowa City's growth area and may, at some point be annexed into the city. Therefore special consideration must be given to any development within this portion of Fringe Area A. The agreement requires that any development within this area meet City urban design standards for infrastructure. The agreement also specifies that at least fifty percent of the subdivided property must be set aside for open space for agricultural uses or future development if and when the property is annexed into the city. The applicant is proposing to subdivide the property into five residential lots. Lot 2 contains an existing house. Lot 1 and lots 3-5 would be available for new construction. ANALYSIS: The proposed plat shows a new street called Prairie Edge Court, which will serve as a short cul- de-sac for lots 3-5. An existing driveway would serve lots 1 and 2. The location of the two curb cuts in not desirable given that Prairie Du Chien Road serves as an arterial. The plat contains the fifty percent open space required by the Fringe Area Agreement. However, it is configured in a manner that it would not be practical for agricultural purposes or future development as intended in the Fringe Area Agreement. The southern half of the property could be reconfigured to allow possible further subdivision upon annexation. Staff recommends that if this plat is to be approved, the private drive be designed as a potential right-of-way for a future street and that the open space be configured to allow its further subdivision. The Fringe Area Agreement specifies that City urban design standards for streets, sidewalks, sanitary sewer, storm water management and water lines will be required for this subdivision. These standards apply because this area may be annexed into the city. It is located approximately T00 feet north of the current City boundary. Compliance with City design standards is necessary to assure that City tax payers and the future property owners are not required to spend funds to retrofit the infrastructure to be compatible with City services. As submitted the plat dos not comply with the requirements of the Fringe Area Agreement and should not be approved. STAFF RECOMMENDATION: Because the plat does not comply with City standards as required by the Iowa City/Johnson County Fringe Area Agreement, staff recommends that Praire Edge, a 5-lot, 5.66 acre subdivision be denied. Approved by: ;/ Jeff Davidson, Assistant Director, Department of Planning and Community Development Attachments: 1. Location Map 2. Preliminary Plat RR 1 RR 1 I RFBH :F~ RS 12 ~z RM 20 ~ ,~,P.~ ID-RS RS 5 RS 5 RDP RS 5 .~,.~ o,~. RS 8 M,LL ~ RS 8 RS 5 pARK P SITE LOCATION: Prairies Edge Subdivision SUB01-00003 L PRELIMINARY PLAT PRAIRIES EDGE SUBDIVISION TO JOHNSON COUNTY. IOWA ~ [ ~,~.,r,~, ~ ""': ~,~. ~" ~ co.suLrAH'rs J~c. '-:,;,.~--.;~'~:.: .....................;-~:~';'2:'~'::-'7- LEOEND ANO LOT 6 ~lt~ MAP ...... ]~CAT[O~ MAP Nolr TO SCALE s,~,~ s~ Prepared by: Karen Howard, Assodate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5251 RESOLUTION NO. 01-113 RESOLUTION AMENDING THE COMPREHENSIVE PLAN, TO INCLUDE THE NORTH DISTRICT PLAN AS RECOMMENDED BY THE IOWA CITY PLANNING AND ZONING COMMISSION ON MARCH 15, 2001 WHEREAS, the Iowa City Comprehensive Plan, consisting of specific District components, serves as a land-use planning guide by outlining the location of particular land uses throughout the City, and also provides notification to the public regarding intended uses of land; and WHEREAS, the North District Plan, developed with significant public input, establishes a set of planning principles and a district plan map that relate specifically to the history and existing conditions of the North District, the boundaries of which are defined in the Iowa City Comprehensive Plan; and WHEREAS, the North District Plan sets forth the planning principles and a district plan map that will serve as a framework on which to guide future development decisions in a manner that will benefit citizens living or working in the North District as well as citizens in Iowa City as a whole; and WHEREAS, the Planning and Zoning Commission has reviewed the North District Plan and has recommended that it be included as an integral part of the Iowa City Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Iowa City Comprehensive Plan is hereby amended to include the North District Plan as dated March, 2001. Passed and approved this 1st day of Hay ,2001. ATTEST: City~l~r~k '='~- ~ Resolution No. 01-113 Page 2 It was moved by W1 ] burn and seconded by 0' Donne] ] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X , Kanner T Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn ~ I 05-01-01 I The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member W j 1 burn introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF $9,825,000 GENERAL OBLIGATION BONDS", and moved: [] that the Resolution be adopted. to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at o'clock __.M. on the day of ,2001, at this place. Council Member Pfab seconded the motion. The roll was called and the vote was, AYES: Wilburn. Champion, Kanner, IPhman, O'Rnnnell, Pfab, Vanderhoef NAYS: None Whereupon, the Mayor declared the measure duly adopted. Resolution No. 01-114 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF $9,825,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of $9,825,000 General Obligation Bonds for the essential corporate purpose of paying costs of the construction, reconstruction, and repairing of street improvements, skywalks and water works, water mains and extensions; the construction, reconstruction, extension and improving of facilities useful for the collection, treatment and disposal of sewage and industrial waste in a sanitary manner, for the collection and disposal of surface waters and streams and drainage improvements; the rehabilitation, improvement -7- and equipping of existing city parks; the reconstruction, extension and improvement of the Municipal Airport; the improvement of real estate for cemeteries and the construction and reconstruction of other cemetery facilities; the equipping of the fire, police, sanitation, street and civil defense depadments; and acquiring and developing a geographic computer data base system for automated mapping and facilities management, and has considered the extent of objections received fi'om residents or property owners as to said proposed issuance of bonds; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council does hereby institute proceedings and takes additional action for the sale and issuance in the manner required by law of $9,825,000 General Obligation Bonds for the foregoing essential corporate purpose. Section 2. That this Resolution be and does hereby serve as a declaration of official intent under Treasury Regulation 1.150-2, because the City reasonably expects to reimburse with the proceeds of the Bonds, all or a portion of original expenditures incurred in connection with the above purpose. Section 3. The Clerk is authorized and directed to proceed on behalf of the City with the sale of said bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the sale of said bonds on a basis favorable to the City and acceptable to the Council. PASSED AND APPROVED this 1st day of ~lav .2001. ATTEST: City Clerk -8- ~"~ ~ 05-01-0'1 Whereupon, the Mayor declared the hearing on the issuance of said bonds to be closed. Whereupon, Council Member Pfab introduced and delivered to the Clerk the Resolution hereinafier set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $670,000 GENERAL OBLIGATION BONDS", and moved: ITI that the Resolution be adopted. [] to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at o'clock __.M. on the __ day of ,2001, at this place. Council Member Vanderhoef seconded the motion. The roll was called and the vote was, AYES: Champion. Kanner. Lehman, O'Donnell, Pfab, Vandorhoef, Wilburn NAYS: None Whereupon, the Mayor declared the measure duly adopted. Resolution No. 01-115 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $670,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, the Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $670,000 General Obligation Bonds for a general corporate purpose, in order to provide funds to pay costs of the development, construction, improvement and equipping of a new city park; Civic Center HVAC replacement and the acquisition of art for public buildings, and no petition was filed calling for a referendum thereon. The -9- following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the authorization and issuance in the manner required by law of not to exceed $670,000 General Obligation Bonds for the foregoing general corporate purpose. Section 2. That this Resolution be and does hereby serve as a declaration of official intent under Treasury Regulation 1.150-2, because the City reasonably expects to reimburse with the proceeds of the Bonds, all or a portion of the original expenditures incurred in connection with the above purpose. Section 3. The Clerk is authorized and directed to proceed on behalf of the City with the sale of said bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the sale of said bonds on a basis favorable to the City and acceptable to the Council. PASSED AND APPROVED this 1st day of /~ay ,2001. ATTEST: City Clerk -10- ~J'~ ~ 05-01-0t 10 Whereupon, the Mayor declared the hearing on the issuance of said bonds to be closed. Whereupon, Council Member W j 1 burn introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $695,000 GENERAL OBLIGATION BONDS", and moved: that the Resolution be adopted. [] to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at o'clock __.M. on the day of ,2001, at this place. Council Member 0' Donnel 1 seconded the motion. The roll was called and the vote was, AYES: Kanner. Lehman. O'Donnell. Pfab. Vanderhoef. Wilburn, Champion NAYS: None Whereupon, the Mayor declared the measure duly adopted. Resolution No. 01-116 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $695,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, the Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $695,000 General Obligation Bonds for a general corporate purpose, in order to provide funds to pay costs of improvements to the baseball field complex in Mercer Park; the construction of a skateboard facility for a city park; the construction of a downtown transit interchange facility and equipment for city buildings, and no petition -11- was filed calling for a referendum thereon. The following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the authorization and issuance in the manner required by law of not to exceed $695,000 General Obligation Bonds for the foregoing general corporate purpose. Section 2. That this Resolution be and does hereby serve as a declaration of official intent under Treasury Regulation 1.150-2, because the City reasonably expects to reimburse with the proceeds of the Bonds, all or a portion of the original expenditures incurred in connection with the above purpose. Section 3. The Clerk is authorized and directed to proceed on behalf of the City with the sale of said bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the sale of said bonds on a basis favorable to the City and acceptable to the Council. PASSED AND APPROVED this 1st .day of May ,2001. Mayor ATTEST: -12- Whereupon, the Mayor declared the hearing on the issuance of said bonds to be closed. Whereupon, Council Member 0' Donnel 1 introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS", and moved: [] that the Resolution be adopted. [] to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at __ o'clock __.M. on the day of ,2001, at this place. Council Member Pfab seconded the motion. The roll was called and the vote was, AYES: Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn, Champion, Kanner NAYS: None Whereupon, the Mayor declared the measure duly adopted. Resolution No. 01-117 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, the Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $700,000 General Obligation Bonds for a general corporate purpose, in order to provide funds to pay costs of the acquisition, enlargement, improvement and equipping of a Public Works Complex, and no petition was filed calling for a referendum -13- thereon. The following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section I. That this Council does hereby institute proceedings and take additional action for the authorization and issuance in the manner required by law of not to exceed $700,000 General Obligation Bonds for the foregoing general corporate purpose. Section 2. That this Resolution be and does hereby serve as a declaration of official intent under Treasury Regulation 1.150-2, because the City reasonably expects to reimburse with the proceeds of the Bonds, all or a portion of the original expenditures incurred in connection with the above purpose. Section 3. The Clerk is authorized and directed to proceed on behalf of the City with the sale of said bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the sale of said bonds on a basis favorable to the City and acceptable to the Council. PASSED AND APPROVED this 1st day of May .2001. Mayor ATTEST: -14- Whereupon, the Mayor declared the hearing on the issuance of said bonds to be closed. Whereupon, Council Member C h am p j o n introduced and delivered to the Clerk the Resolution hereinat~er set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS", and moved: [] that the Resolution be adopted. [] to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at o'clock __.M. on the day of ,2001, at this place. Council Member 0' Donnel l seconded the motion. The roll was called and the vote was, AYES: 0'Donnell, Pfab, Vanderhoef, Wilburn, Champion, IPhman NAYS: Kanner Whereupon, the Mayor declared the measure duly adopted. Resolution No. 01-118 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, the Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $700,000 General Obligation Bonds for a general corporate purpose, in order to provide funds to pay costs of the acquisition and construction of a transit intermodal facility, and no petition was filed calling for a referendum thereon. The -15- following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFOE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the authorization and issuance in the manner required by law of not to exceed $700,000 General Obligation Bonds for the foregoing general corporate purpose. Section 2. That this Resolution be and does hereby serve as a declaration of official intent under Treasury Regulation 1.150-2,.because the City reasonably expects to reimburse with the proceeds of the Bonds, all or a portion of the original expenditures incurred in connection with the above purpose. Section 3. The Clerk is authorized and directed to proceed on behalf of the City with the sale of said bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the sale of said bonds on a basis favorable to the City and acceptable to the Council. PASSED AND APPROVED this 1 s t day of ~lay .2001. ayor ' ATTEST: PGOODR1CHX274336\l\1071406I -16- Prepared by: Kirn Johnson, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 01-119 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FOSTER ROAD GRADING AND WATER MAIN PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the th Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 30 day of May, 2001 or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be th held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 p.m. on the 12 day of June, 2001, 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 1st day of Na ,20 01 Approved by pwengves~lostergradingplans.dcc 9~99 Resolution No. 01-119 Page 2 It was moved by Pfab and seconded by Champion the Resolution be adopted. and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman T O'Donnell X Pfab X Vanderhoef X Wilbum Prepared by: Dan Scott, Sr. Civil Engineer, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO. 01-120 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE LONGFELLOW/TWAIN PEDESTRIAN TUNNEL PROJECT [PROJECT NO. STP- E-3715(616)--8V-52], 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, this project involves the installation of a pedestrian tunnel under the Iowa Interstate Railroad near the Kirkwood Avenue and Lower Muscatine Avenue intersection. WHEREAS, the construction cost estimate is $250,000, of which approximately $196,000 will be funded with Federal Transportation Enhancement Program money; and WHEREAS, this project will be bid by the Iowa Department of Transportation (IDOT); and WHEREAS, bids will be accepted on May 15, 2001, until 9:00 a.m., Ames, Iowa, at the Department of Transportation; and WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids, to be let by the IDOT, for construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. Passed and approved this 1st day of Ha ,20 01 pwengVes\tunnelapp.doc 9/99 Resolution No. 01-120 Page 2 It was moved by Vanderhoef and seconded by Pfab the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X , Vanderhoef X Wilbum Prepared by: Dan Scott, St. Civil Engineer, Public Works, 410 E. Washington St., Iowa CRy, IA 52240 (319] 356-5144 RESOLUTION NO. 0].-:~20 LON FELLOWrTRAIN PEDESTRIAN TUNNEL PROJECT [PRO JEt STP- E-37t 16)--8V-52], ESTABLISHING AMOUNT OF BID S TO ACCOM NY EACH BID, DIRECTING CITY CLERK O PUBLISH ADVERTIS ENT FOR BIDS, AND FIXING TIME AND PLA FOR RECEIPT OF BIDS. WHEREAS, this project i volves the installation of a pedestrian nnel under the Iowa Interstate on ly $196,000 will be funded with Federal Transportati Enhancem ~nt Pn ' money; and , , at the Department of Transportation; and WHEREAS, notice of public hearing on th ns, specifications, form of contract and estimate of cost for the above-named project was as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT BY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, form of contract estimate of cost for the above-named project are hereby 3. The City Clerk is , authorized and directed i ~blish notice for the receipt of bids, to be let by the ID for construction of the project in a newspaper published at least once v and having a general ciro city. Passed and s this 3. s1: day of ,20 Ap; 9/99 Prepared by: Ron Knoche, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5138 RESOLUTION NO. 01-121 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 MMS CONSULTANTS, INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE SOUTH SYCAMORE REGIONAL GREENSPACE AND STORMWATER PROJECT. WHEREAS, the City of Iowa City has received bids for construction of the South Sycamore Regional Greenspace and Stormwater Project ("Project"); and WHEREAS, it is desirable for MMS Consultants, Inc. to provide construction administration, construction observation and construction survey services during the Project; and WHEREAS, an Agreement for professional engineering services has been negotiated with and executed by MMS Consultants, Inc. of Iowa City, 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 MMS Consultants, Inc. 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 MMS Consultants, Inc. for the provision of engineering services, attached hereto and made a par~ 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 1st day of Nay ,2001. It was moved by Wi I burn and seconded by Pfab the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion T Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this day of May, 2001, by and between the City of Iowa City, a municipal corporation, hereina~er ~ferred to as the City and MMS Consultants, Inc., of Iowa City, Iowa, hereinafier referred to as the Consultant. WHEREAS, the City desires to construct certain public works improvements entitled South Sycamore Greenspace and Storm Water Project, hereina~er referred to as the Greenspace Project, and WHEREAS, the Consultant has completed surveys and prepared final engineering design, detailed drawings and specifications for the construction of the Greenspace Project, and WHEREAS, the City intends to award a contract for the constructinn of said Greenspace Project, and WHEREAS, the City desires the services of a consulting firm to provide inspection, testing, project administration and construction layout and staking for the Greenspace Project; and 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. A. Construction Surveying 1. The Consultant will provide construction layout and staking services for consauction limits, excavation and grading work, storm and sanitary sewers, paving, reinforced box culvert saucture, water main, pavement radius and curb information as may be required by the contractor to consauct the Project. 2. The Consultant will provide as consaucted surveying services as necessary to verify measurement and payment quantities. 3. The Consultant will provide as-constructed surveying measurements for the record drawings. 4. Surveying services for constructinn staking of temporary easements which were provided in the amendment number 2 of the February 11, 1997 agreement are included in this scope. B. Geoteehnical Engineering and Soil and Concrete Testing 1. The Consultant will retain the services of Tetracon Consultants, Inc. for soil borings, geotechnical engineering services, laboratory testing of soil for assurance ofcompaction and concrete strength as required by the speei~eatinns. 2. The scope of Terracon's work will be substantially in accordance with their proposal for the Project dated March 28, 2001 which is attached to this agreement. Page 1 of 5 C. - Project Administration 1. The Consultant will provide a project manager in Consultant's office to maintain Project records, serve as liaison between City and contractor, interpret plans and specifications and answer citizens' inquires. 2. Consultant will assist with negotiations, prepare and process change orders as required with signature for approval provided by the City representative. 3. Consultant will schedule and conduct weekly construction progress meetings which may include public utility representatives if necessary. tl. Consultant will prepare Project contractor monthly pay estimates and submit to City with recommendations. 5. Consultant will keep project material, labor and inspection records as necessary for this type of project. 6. Upon completion of the project, Consultant will determine final contract quantities from actual field measurements, or from field and office records as well as periodic pay estimates and submit final pay estimate to the City. 7. Consultant wi II prepare as-built drawings and provide City with mylar and AutoCAD copy of as-built drawings. 8. Consultant will provide increased assurance construction is completed substantially in accordance with the plans and specifications. D. Resident Inspection 1. The Consultant will provide daily, full-time inspection services based on 1000 hours over 150 working days to inspect the project during the course of construction activities to determine that the work is substantially in compliance with the plans and specifications; 2. Consultant agrees to dedicate a single, qualified engineer/construction inspector to the Project, as much as reasonably possible. City has the fight to review and approve (or request replacement of) the individual assigned by the Consultant. Substitutions for the assigned construction individual may be required and allowed on a few occasions in the event of conflicts, but with notice given to the City. 3. The Consultant will make field measurements necessary to prepare and process monthly progress payments to the contractor. 1I. TIME OF COMPLETION The Consultant shall complete the following phases of the Project in accordance with the schedule shown. A. Consultant will begin work on all phases when authorized in writing by City. Page 2 of 5 B. Consultant will perform surveying services necessary for construction work in advance of contractor's needs providing contractor has communicated 48 hours in advance of need. C. Consultant will perform resident inspection services, construction administration and testing services at the same time as consInaction contract, which is expected to be starling work in late April and finishing in late November, 2001. D. Consultant will prepare as-built drawings in late Fall and early Winter months and will delivery completed drawings by January 1, 2002. HI. GENERAL TERMS A. The Consultant shall not commit any of the following employment practices and agroes 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, gender identity, or sexual orientation. 2. 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, gender identity, or sexual orientation. B. 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 "lump sum" amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar daysI written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the par~ies hereto, provided that no assignment shall be without the written consent of all Par~ies to said Agreement. D. 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 fight to employ such assistance as may be required for the pcrfurmance of the Project. E. 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. F. It is further agreed that no Party 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. G. At the request of the City, the Consultant shall attend 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. Page 3 of 5 H. 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. I. 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. J. 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. K. Should any section of this Agreement be found invalid, it is agreed that the remaining penion shall be deemed severable from the invalid portion and continue in full fome and effect. L. Original contract drawings shall become the pwperty of the City. The Consultant shall be allowed to keep mylar reproducible copies for the Consullanes own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this agreement, Consultant acknowledged 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 beards 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. O. 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 orS1,000,000. IV. COMPENSATION FOR SERVICES A. Consultant shall bill City monthly for services and reimbursable expenses. Payments shall be due and payable within thirty (30) days 0fCity's receipt &invoice. B. The C~nsu~tant sha~~ be paid at histher h~ur~y rate as set f~rth in the atta~hed Exhibet A~ with the t~ta~ fee for each phase not-to-exceed the fee range listed herein below for the each phase, unless there is a significant change in the scope of the work. Billing statements and written progress reports shall be submitted monthly for payment by the City. Page 4 of 5 C. City shall pay Consultant for services rendered under Section 1 - Scope of Services the maximum fee mounts as follows: Fee Range / Not-to-Exceed Construction Layout & Staking $21,000.00 to $23,200.00 Soil and Concrete Testing Services (Tetracon) $ 6,300.00 to $ 8,500.00 Project Administration $21,400.00 to $27,700.00 Resident Inspection $60,000.00 to $77,500.00 Total $108,700.00 to $136,900.00 D. Fees for construction layout and staking are total fees and are not added to previous fees for staking temporary easements as provided in amendment number 2 of the February 11, 1997 agreement. E. If the City fails to make monthly payments due Consultant, Consultant may, after giving seven (7) days' written notice to City, suspend services under this Agreement until City has paid in full all amounts due. V. MISCELLANEOUS A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. B. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. / By: Title: ~layor Title: Date: Ma~t 1, 2001 Date: Approved by: City Attomey's Office Date Page 5 of 5 MMS CONSULTANTS, INC. 2001 RATE SCHEDULE WORK CODE DESCRIPTION AMOUNT/HOUR 11 Engineer I $75.00Prlr. 12 Engineer I1 $68.00/Hr. 13 Engineer HI $61.00/Hr. 14 Engineer IV $52.00/Hr. 21 Landscape Architect I $75.00/Hr. 22 Landscape Architect II $63.00/Hr. 23 Landscape Architect III $50.00/Hr. 24 Landscape Architect IV $35.00/Hr. 31 Land Surveyor I $75.00/Hr. 32 Land Surveyor II $64.50/Hr. 33 Land Surveyor III $58.50/Hr. 41 Engineering Technician I $58.50/Hr. 42 Engineering Technician LI $52.00Prh'. 43 Engineering Technician Eli $44.00/Hr. 44 Engineering Technician IV $39.00/Hr. 51 Geologist $52.00/I~. 52 Weftand Scientist $52.00/HL 53 Soil/Wetland Technician $37.25/Hr. 61 Survey Party Chief $50.00/Hr. 62 Surveyor Technician I $40.00.PrIr. 63 Surveyor Technician II $37.25/Hr. 71 Const/Topo Survey Chief $55.00/Hr. 72 Const/Tope Survey Technician I $44.00/Hr. 73 ConstdTopo Survey Technician II $40.00/Hr. 81 Word Processing/Administrative $37.00atr. 82 Clerical $28.00/Hr. 86 Expert Witness $125.00/Hr. 91 Senior CAD Technician $75.00/Hr. 92 CAD Technician I $54.00/Hr. 93 CAD Technician II $43.25/Hr. CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this day of April, 2001, by and bet~veen the City of Iowa City, a municipal corporation, hereina~er referred to as the City and MMS/Eonsultants, Inc., of Iowa City, Iowa, hereinafter referred to as the Consultant. WHEREAS, the City desires to construct certain public works im >rovemen(s entitled South Sycamore Greenspace and Storm Water Project. hereinafter referred to as the Green~pace Project, and WHEREAS, the Consultant has completed surveys and prepared final engineering design, detailed drawings and specifications for the construction of the Greenspace Project, and WHEREAS, the City intends to award a contract for the construction of said Greenspace Project, and WHEREAS, the City desires the services of a consulting firm to provide inspection, testing, project administration and construction layout and staking for the Greenspace Project; and NOW THEREFORE, it is agreed by and between the pa~j~s 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'~'or the C{ty and to do so in a timely and satisfactory manner. :// "',. A. Construction Surveying / / 1. The Consultant will providg/construction layout and staking services for construction limits, 3. The Consultant ill provide as-constructed surveying measurements foi',,~he record drawings. 4. Surveying s ices for construction staking of temporary easements whi~h'N(vere provided in the amend ent number 2 of the February 11, 1997 agreement are included ihxthis scope. B. Geotechnical En ineering and Soil and Concrete Testing 1. The onsultant will retain the services of Terracon Consultants, Inc. for soil orings, / ~ T~he scop of Te will be substant~all rdance with their pr Project dated March 28, 2001 which is attached to this agreement. Page 1 of 5 C. Project Administration 1. The Consultant will provide a project manager in Consultant's office to maintain Project records, serve as liaison between City and contractor, interpret plans an specifications and for approval provided by the City representative. / / 3. will schedule and conduct weekly construction progress meetings which may include / 4. prepare Project contractor monthly pay e,~mates and submit to City with 5. Const ect material, labor and inspection records as necessary for this type of project. 6. Upo. comp,etio. ofthe actual field measurements. and submit final paythe City. 7. Consultant will pre a{nd provide City with mylar and AutoCAD copy of as-built drawings. 8. Consultant will provide increased construction is completed substantially in accordance with the plans and s D. Resident Inspection \\ 150 working days to the t determine that the work ly in compliance\with the plans and specifications; 2. Consultant agrees a single, ' ' ' ' ~2ehs~ replacement of') '. individual assigned by the Consultant. '~ubstitutions for the assigned construction may be required and allowed on a fe~ occasions in the event of conflicts, but given to the City. 3. make field measurements necessary to prepare and process monthly progress contractor. II. TIME The Consultant shall ~lete the following phases of the Project in accordance with the scfi'~,dule shown. A. begin work on all phases when authorized in writing by City. Page 2 of 5 B. Consultant will perform surveying services necessary for construction work in advance of contractor's needs providing contractor has communicated 48 hours in advance of need. C. Consult t will perform resident inspection services, construction administration and testing services at the sa time as construction contract, which is expected to be starting work in late April and finishing in teNovember, 2001. o~ D. t1 / in~ep gs Jn late Fall and early Winter m s and will dehvery J / III. GENERAL TERMS // A. The Consultant shall not mmit any of the following employment l~rhctices and agrees to prohibit the following practi s in any subcontracts. /' · 1. To discharge or refuse o hire any individual because of their race, color, religion, sex, ,ge, marital status, gender id,ontity, or sexual orientation. r e o ' ' 'sd'' ;U enderidentiW orse;:ualori' B. Should the City .. Consulrant shall be paid for all work and services performed up to the time of termination. sums shall not be greater than the "lump sum" amount listed in Section IV. The Cit' pon seven (7) calendar days' written notice to the Consultant. / C. This Agreement shall be bindin assigns of the parties hereto, provided that no assignment shall be without the written con to said Agreement. D. It is understood and a by the City for the purpose of the Project shall be as an but the Consultant shall have the right to employ such assistance as ma, uired for the peffoh~ance of the Project. E. It is agreed by the City that all pertaining to inforn~tion needed by the Consultant for the project shall upon reasonable requesXto the Consultant. The City agrees to use of these records anii files. \ F. It is further a Agreement shall perform contrai~,,~o any state, federal, or local law or an) '.s of the City of Iowa City, Iowa. " G. At the reqt Consultant shall attend meetings of the City Cc~ancil relative to the work set forth in this A Any requests made by the City shall be giveh, with reasonable , assure attendance. · Page 3 of 5 H. The Consultant agrees to furnish, upon termination of this Agreement an upon demand by the City, copies of all basic notes and sketches, charts, computations. and any ot r data prepared or obtained not be liable Br the CiW's use of such documents on o~er projects./ I. The Consultant agrees to fumish all repoas, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required bY Iowa law. J. The CiW agrees to tender the Consultant all fees in a timely m~ner, excepting, however, that failure of the Consultant to satisfactorily peffom in accordance Wi~ this Agreement shall constitute grounds Br the CiW to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement L. Original contract drawing~ of the CiW. The Consultst shall be allowed to keep mylar reproducible copies Br ~e use. M. Fees paid Br securing approval urisdiction over the Project will be paid by the Ci~. N. Upon signing ~is agreement, 5 of the Iowa CMe prohibits a Ci~ officer or employee contract with the Ci~, and ce~ifies that no employee or officer of the Cil s of the Ci~ Council and Ci~ bonds and commissions, has an interest ndirect, ins agreement, that does not fall within the exceptions to said sta~to~ prow: ~62.5. O. The Consult~t agrees at all t material to ~is Agreemen' to have and maintain professional liabili~ insurance covering Consult~t's liabili~ Br the C~lmnt's negligent acts, e~ors and omissions to ~e Ci~ in the of $1,000,000. A. Consuitor shall bill t for se~ices and reimbumble expenses. P~yments shall be due ~d payable days of Ci~'s receipt of invoice. B. The Consultant s ~ paid at hiker hourly rate as set foah in the a~ached E~i t A, with the total fee for each e not-to-exceed the fee r~ge listed herein below for ~e each phas unless there is submiRed ' . Page 4 of 5 C. City shall pay Consultant for services rendered under Section 1 - Scope of Services the maximum fee amounts as follows: Fee Ranl~e / Not-to-Exceed Construction Layout &Staking $21,000.00 to $23,200. Soil and Concrete Testing Services (Tetracon) $ 6,300.00 to Project Administration $21,400.001o 2 Resident Inspection $60.000.00 to $7~7f,500.00 / Total $108,700.00.16 $136,900.00 D. Fees for construction layout and staking are total fees and are not added to previous fees for staking temporary easements as provided in amendment number 2 of the February I 1, 1997 agreement. E. If the City fails to make monthly payments due Consultant, Consultant may, after giving seven (7) days' written notice to City, suipend services under this Agreement until City has paid in full all amounts due. \ v. M SCELLAN OVS \ A. All provisions of the Agreement shall b~.reco~ciled in accordance with the generally accepted standards of the Engineering Profession. ' B. It is further agreed that there are monies contingent upon or resulting from the execution of this Agreement, that it . the ~e~,tire Agreement, and that no other monies or considerations have been solicited. FOR THE CITY ', FOR THE CONSULTANT By: By: ', Title: Title: ,. Date: Date: ATTEST: Approved Ci~y's O Date pwXfomls~consagmtfi'm Page 5 of 5 MMS CONSULTANTS, INC. 2001 RATE SCHEDULE WORK CODE DESCRIPTION AMOUNT/HOUR 11 Engineer I $75.00/Hr. 12 Engineer II $68.00/Hr. 13 Engineer III $61.00/Hr. / 14 Engineer IV $52.00/Hr. 21 Landscape Architect I $75.00/Hr. 22 Landscape Architect II $63.00/Hr. 23 Landscape Arch tect III $50.00/Hr. 24 Landscape Architect IV $35.00/Hr. / 31 Land Surveyor I / $75.00/Hr. 32 Land Surveyor II $64.50/Hr. 33 Land Surveyor IIi'~ , $58.50/Hr. / 41 Engineering TechniciT{I $58.50/Hr. 42 Engineering Technic I1 $52.00/Hr. 43 IlI $44.00/Hr. 44 En ' ,ician IV $39.00/Hr. 51 Geologist $52.00/Hr. 52 Wetland Sc $52.00/Hr. 53 ~ Technician $37.25/Hr. 61 SurveyZ Chief $50.00/Hr. 62 r Technician I $40.00/Hr. 63 Su $37.258-lr. ,, 71 st/Topo Survey Chief $55.')0D/Hr. 72 ;onsffl'opo Survey Technician I $44.00/I~. 73 Consl/Topo Survey Technician II $40.00/Hr. I, 81 Word Processing/Administrative $37.00/Hr. 82 Clerical $28.00/Hr. ' 86 Expert Witness $125.00/Hr. ~ 91 Senior CAD Technician $75.00/Hr. 92 CADTechnician I $54.00/Hr. 93 CAD Technician II $43.25/Hr. ~ed b~: ~t~ve Na~, GDBG G~rcl., 410 F. W~$~ington St., RESOLUTION NO. 01-122 RESOLUTION ADOPTING IOWA CITY'S FY02 ANNUAL ACTION PLAN, THAT IS PART OF IOWA CITY'S 2001-2006 CONSOLIDATED PLAN (CITY STEPS), AND AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN AND ALL NECESSARY CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER FOR THE CONSOLIDATED PLAN. WHEREAS, the U.S. Department of Housing and Urban Development (HUD) requires the City of Iowa City, Iowa, to prepare and submit an Annual Action Plan for FY02 as part of the City's Consolidated P~an (CITY STEPS) to plan for the use of federal funds to assist lower income residents with housing, jobs and services; and WHEREAS, the Iowa City Housing and Community Development Commission has held a series of meetings regarding the use of federal Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) funds for City of Iowa City fiscal year 2002; and WHEREAS, the City has disseminated information, received public input and held a public hearing on the FY02 Annual Action Plan; and WHEREAS, the Annual Action Plan contains the allocation of CDBG and HOME funds attached hereto as Exhibit A; and WHEREAS, adoption of the Annual Action Plan for FY02 will make Iowa City eligible for federal and state funds administered by the U.S. Department of Housing and Urban Development; and WHEREAS, the City Council finds that the public interest will be served by the adoption of the Annual Action Plan for FY02 and submission to the U.S. Department of Housing and Urban Development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City of Iowa City Annual Action Plan for FY02. filed in the office of the City Clerk, be and the same is hereby approved and adopted. 2. The City Manager of Iowa City is hereby authorized and directed to submit the City of Iowa City Annual Action Plan for FY02 to the U.S. Department of Housing and Urban Development, and is furlher authorized and directed to provide all the necessary certifications required by the U.S. Department of Housing and Urban Development. 3. The City Manager is hereby designated as the Chief Executive Officer and authorized to act on behalf of the City of Iowa City in connection with the City of Iowa City 2001-2006 Consolidated Plan, including the Annual Action Plan for FY02. Resolution No. 01-122 Passed and approved this 1 ~f day of May ,20 01 It was moved by Vanderhoef and seconded by 0' Donne] 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn ppdcdbg~res%actionpln,doc Exhibit A PRO3ECTS RECOMMENDED FOR FY02 CDBG AND HOME FUNDZNG As Amended by Reouest City Council (5-1-011 ECONOMZC DEVELOPMENT PRO3ECTS Micro-Enterprise Start up - Extend the Dream Foundation $124,230 $105,000 Micro-Enterprise Start up - Ruby's Pearl $ 50.000 $ 20,000 Su btota / $174, 230 $125, 000 PUBLZC FACI'I,ZTZES PRO3ECTS Facility Rehabilitation - Neighborhood Centers of 3ohnson Co. $ 23,975 $ 23,975 Facility Acquisition - Pathways Adult Day Care $350,000 $300,000 Facility Rehabilitation - Hillcrest Family Services $ 8,167 $ 8,167 Facility Rehabilitation - Emergency Housing Project $ 1.410 $ 1,410 5ubtota/ $383,552 $333,552 PUBLZC SERVZCE PRO3ECTS (FY02 Statutory Cap $158,000) Furniture Project - Domestic Violence Intervention Program $ 13,500 $ 13,500 Shelter Coordinator - Emergency Housing Project $ 30,000 $ 25,000 Consumer Credit Counseling - Family Services $ 4,925 $ 4,925 Minority Women's Health Initiative - Eagles Flight, Inc. $ 30,000 $ 9,575 Aid to Agencies $105,000 $105,000 Subtotal $183, 425 $158,000 HOUSZNG PRO3ECTS Affordable Rental Units - Greater Iowa City Housing Fellowship $623,467 $623,467 Student Built House - Greater Iowa City Housing Fellowship $ 30,000 $ 30,000 Affordable Rental Units - Metro Plains Development $300,000 $250,000 Small Repair Program: Elderly Services Agency $ 50,000 $ 40,000 Land Acquisition - Habitat for Humanity $ 75,000 $ 59,981 Deposit Assistance Program - Emergency Housing Project $ 30,000 $ 5,000 Housing Rehabilitation: City of Iowa City $200.000 $200,000 Subtotal $1,583, 467 $1,208, 448 ADMINISTRATION HOME Program Administration $ 71,600 $ 71,600 CDBG Program Administration and Planning $1701000 $170.000 Subtotal $241,600 $241,600 TOTAL $2,397,152 $2,066,600 SOURCES OF FUNDS FY02 CDBG Entitlement $970,000 FY02 CDBG Estimated Program Income $ 20,000 Unbudgeted FY01CDBG Program Income $ 50,190 Unexpended FY01CDBG Funds (from contingency and projects) $188.410 TOTAL CDBG $1,228,600 FY02 HOME Allocation $716,000 FY02 HOME Estimated Program Income $ 23,000 Unbudgeted FY01HOME Program Income $ 49,000 Unexpended FY01 HOME Funds (AHFP) $ 50.000 TOTAL HOPlE $ 838,000 FY02 TOTAL $2,066,600 Exhibit A PRO3ECTS RECOMMENDED FOR FY02 CDBG AND HOME FUNDZNG HCDC (3/: Reauest ECONOMIC DEVELOPMENT PRO3ECTS Nicro-En ~rt up - Ex~end the Dream Foundation $124,230 000 - Ruby's Pearl $ 50.000 $ 20,000 Subtota/ $17,t, 230 $125, 000 PUBLIC FACZLZT PRO3ECTS Facility Rehabilitation leighborhood Centers of Johnson Co. $ 23,975 $ 23,975 Facility Acquisition - s Adult Day Care $35C 4300,000 Facility Rehabilitation ' Services $ 8,11 $ 8,167 Facility Rehabilitation Project 4 1,410 Subtota/ $333,552 PUBLIC FY02 Statutory Cap Furnit ce Intervention Program $13,500 $ 13,500 Shelter Coordinator - Emer< Project $ 30,000 $ 25,000 Consumer Credit Counseling Famil $ 4,925 $ 4,925 Minority Women's Health ~les Flight, Inc. $ 30,000 $ 9,575 Aid to Agencies 4105,000 $105.000 $183, 425 $158,000 HOUSI'NG PRO3ECTS Affordable Rental Units - Greater TOWa City ip $623,467 $424,448 Affordable Rental Unit- Foxboro Ridge 4275,000 4234,000 Student Built House - Greater Iowa City Hous ip $ 30,000 $ 30,000 Affordable Rental Units - Metro Plains Develo nt $300,000 $250,000 Small Repair Program: Elderly Services 4 50,000 $ 40,000 Land Acquisition - Habitat for Humanity 4 75,000 4 25,000 Deposit Assistance Program - Emergency $ 30,000 4 5,000 Housing Rehabilitation: City of Iowa City $200,000 $200.000 $1,583, 467 $1,208,448 ADMINISTRATION HOME Program Administration $ 71,600 $ 71,600 CDBG Program Administration and $170.000 $170,000 $241,600 $241,600 TOTAL $2,397,152 $2,066,600 SOURCES OF FUNDS FY02 CDBG Entitlement $ 970,000 FY02 CDBG Estimated Tncome $ 20,000 Unbudgeted ram Income $ 50,190 Unexpended FY01CDBG nds (from contingency and projects) $ 188,410 TOTAL CDBG $1,228,600 FY02 $716,000 FY02 ram Income $ 23,000 Unbudgeted FY01F Program Income $ 49,000 Unexpended FY01 (AHFP) $ 50.000 TOTAL HOME $ 838,000 FYO2 TOTAL $2,066,600 City of Iowa City MEMORANDUM DATE: April 25, 2001 TO: ' ' ' RE: Approval of the FY02 Annual Action Plan A public hearing on the FY02 Annual Action Plan was held on April :[7. At that meeting the Council received public input regarding this plan. At the May 1 City Council meeting we are requesting that you approve the FY02 Annual Action Plan. The deadline for submission of this plan to the U.S. Department of Housing and Urban Development (HUD) is May :[5. ]~f needed, amendments or changes to this plan may be considered at your May :[ meeting. Should changes to the FY02 Annual Action Plan occur you could approve the plan as amended this same meeting. A "draft" copy of the FY02 Annual Action Plan was included in your April :~7 packet. Since then three minor, non-substantive, changes have been made (see attached pages). · On page 29 the map was expanded to show the whole City · The date for the Annual Human Rights breakfast was corrected (page 37) · Two duplicate pages in Appendix A were removed If you have any questions about the FY02 Annual Action Plan or the proposed projects please call me at 356-5248 or via e-mail at Steven-Nasby@iowa-city.org. Cc: Karin Franklin, Director of Planning and Community Development Housing and Community Development Commission MAP 1 FY02 PROJECT LOCATIONS* \-L1 \\ 'J ,ij flGICHF -- Peninsula Project ~ ~ / ~,~ /'7 '7 Emergency Housing Project -- She~er Coordinator .__ j ~ ,~IOWAC~ .C~of lowa C~y ..... i/ I ,,), I'~ I *NOTE: Many projects sere persons living community-wide so no project location is indicated on this map. In addition, some other projects that involve the acquisition of real property may not have locations identified at the time of submission of this document or the addresses are not yet available in this version of our mapping software. Persdns wishing additional information on projects using federal funds are encouraged to contact the Cornnaunity Development Division at 356-5230. VII. Annual Fair Housing Action Plan for FY02 The City of Iowa City continuously works to identify and overcome barriers and impediments to Fair Housing. Prior to the start of the 200:~ federal fiscal year (City FY02) the City addressed many of these fair-housing issues. The following information will detail these efforts and outline the actions the City of Towa City is proposing to undertake this year. City of l'owa City - Human Riclhts Office The City of Iowa City has adopted a Human Rights ordinance that goes further than the State of Towa laws in prohibiting housing discrimination. To oversee human rights issues in fair housing and other areas, the City maintains a Human Rights office with one full time coordinator, one full-time investigator, and one temporary part-time investigator. This office and a voluntary citizen commission work to identify and resolve fair housing issues and educate the public. During the upcoming year (3uly 1, 200:~ to 3une 30, 2002) this office is planning on undertaking numerous activities. The following is a sample of the items to be completed: · Annual seminar on discrimination at the University of ]Eowa School of Social Work. · Presuming HUD certifies the Iowa City Human Rights Ordinance as substantially equivalent to the Fair Housing Amendments Act, the Human Rights Commission will hire a housing specialist to investigate complaints regarding housing discrimination. · Public forum on racial profiling. · Increased outreach on housing discrimination. · Commissioners will attend a training session at Iowa State Civil Rights Commission in Des Ivloines, Iowa. · Advertisements will continue to be placed in the Dai/)/Zowan and other newspapers to alert the public that housing discrimination is against the law. · Annual Human Rights Breakfast (fall 2001) · Participate in projects celebrating diversity with the Iowa City/Coralville Diverse-Cities Team. · Continue to offer forums to educate public on discrimination issues. Include other agencies in planning of some of the larger public educational forums. · Public speaking engagements on relevant human rights issues will continue. · Address the Iowa Civil Rights Commission regarding the issue of adding sexual orientation to the Civil Rights Act. · Continued involvement with the Hate Act Rapid Response Team. · Continued involvement in joint projects with the Universib/of Iowa Human Rights Center, HARRT, and the College of Education. · Develop program for r4artin Luther King month. City of Iowa City MEMORANDUM DATE: May 1, 200:[ TO: City Manager FROM= Steven Nasby, Community Development Coordinator~ RE: Affordable Housing Funding Pool At the Council's work session last evening (4-30-01) there were several questions about the Affordable Housing Funding Pool (AHFP). As such, I wanted to provide you with a brief summary of the program. · Adopted by the City Council in 1997 as part of the Community Housing Forum recommendations · Capitalized annually with $:[50,000 in General Fund monies · Projects funded must meet the HOME program guidelines, as this AHFP is the City's match for the HOME program · The AFHP was established for housincl oooortunities occurrincl outside of our reclular CDBG\HOME fundinq cycle (May-December) · HCDC, as directed by the City Coundl, has adopted formal guidelines for this program. They are as follows: 1. Must be at least 25% privately financed; 2. Fully amortized loan (no variations); 3. 15-year maximum loan term; and 4. Interest rate equal to prime rate minus 3°/0 (currently about 5°/0). Since these are general fund monies administered through a local housing program, the Council may consider their use at their discretion. Cc: Karin Franklin, Director of Planning and Community Development Housing and Community Development Commission Marian Karr From: City Council Sent: Wednesday, April 25, 2001 12:28 PM To: Madan Karr Subject: FW: From: Nan~ K Stensvaag[SMTP:NSTENSVAAG@JUNO.COM] Sent: Wednesday, April 25. 2001 12:25:34 PM To: council@iowa-city.o~ Au~ ~rwarded by a Rule Dear Council Members, I would like to thank you for your consideration of HOME funding for land for the Iowa Valley Habitat for Humanity (IVHFH). Any amount, from the funding of one lot as recommended by the commission, up to the 3 lots requested is greatly appreciated. I would like to further clarify the response to Council Member Kanner's question at the public hearing for the HOME funding. Mr. Kanner asked if IVHFH had completed the homes on the lots purchased with the HOME award received in 1996. Yes, not only have we completely used this 1996 award, but we have exceeded the number of affordable homes faciliated by this funding. We had requested funding to purchase 3 lots. We purchased 3 lots and because the land seller was receptive to providing affordable land to IVHFH, there were funds also available to pay for a portion of a 4th lot. These four houses were completed in: fall 197, spring ~98, fall '99 and fall ~00. The low income families /25-50% of the median income) closed on these home purchases within a month of each house completion, and these families are now tax paying members of our community. Thank you for your consideration of a HOME funding award for IVHFH, a non-profit organization whose goal is to build affordable homes for low income families in our community. Sincerely, Nancy Stensvaag Executive Director (volunteer} LEGAL DESCRIPTION OF ENTERPRIZE ZONE Iowa City, Johnson County, Census Tract 4, east of U.S. Highway 218, south of Melrose Avenue, west of Mormon Trek Boulevard and north of Rohret Road, consisting of approximately 440.77 acres. tinsheet Iowa Department of Economic Development Housin9 Development & Enterprise Zones July~998 I Financial incentives for Housing in Enterprise Zones lowa's Enterprise Zone law was expanded in 1 ~)98 to include financial incentives for housing development. > A developer of an approved housing project in an Enterprise Zone is eligible for a 10 percent state income tax credit on the investment that is directly related to new housing construction or rehabilitation. If the tax credit is not entirely used during the first year, it can be carried over and applied against future state tax liability for the next seven years. > A developer of an approved housing project in an Enterprise Zone is eligible for a 1. 00 percent refund of the project's sales and utility taxes. A business located in an Enterprise Zone is eligible to receive a 1.5 percent employee withholding tax credit for eligible new jobs Io provide for employee down payment and rental assistance. The employee housing must be located within a certified Enterprise Zone. Basic Eligibility Requirements The city or counP7 Enterprise Zone Commission and IDED both must approve the proposed housing development project. The housing project must be built within a certified Ig~terprise Zone. The project must be undertaken by a housing developer or housing contractor. > TheprojectmayinvolveconstruCtionofnewhousingorrehabilitationofexistinghousing. The project must include at least four single-family houses or at least one multi-family building containing three or more units. Theperunitappraisedva~ue~fassistedh~usingunits~eithernew~rrehabi~itated~ca~n~texceed$~2~ Theprojectmustbecompletedwithintwoyearsofthestartofconstruction. The housing units must meet the U.S. Department of Houslng and Urban Development's Section 8 Quality Housing Standards and local housing codes. Zone Certification and Project Approval Eighteen cities and 28 counties, as indicated on the map below, currently meet the economic distress criteria required to establish enterprise zones for business and/or housing development. An eligible city or county may designate one or mere enterprise zones, not to exceed more than 1 percent of the county's total land area. Eligible cities and counties can have only one Enterprise Zone Commission. > Eligible cities and counties can establish enterprise zones for business and/or housing development by submitting an application for enterprise zone certification to the Iowa Department of Economic Development. As part of the certification process, a commission must be established to oversee the Enterprise Zone. Developers and contractors proposing a housing development project within an established Enterprise Zone must complete the joint Enterprise Zone Commission/Iowa Department of Economic Development project application. The application must first be approved by the Commission and then by IDED. Cedar Rapids Bettendo GUTHBE Iowa Contact Information ~' To initiate the certification process for establishing an Enterprise Zone in an eligible county or city, contact Allen W'i 11 jams at IDED (515/242-477] ). To initiate the application process for approval of a proposed housing development project, contact your county or city Enterprise Zone Commission or contact Sherrie Quinn at IDED (515/242-4855). E05,181,'2001 11:2j IP DEPT ECO~q DEu ~ 3193372430 ~0.667 ,APPLICATION BY A CITY FOR ENTERPRISE ZONE CERTIFICATION Applicant City Name Date Submitted JULY 1998 IOWA DEPARTMI~NT OF ECONOMIC DEVELOiYMENT DIVISION OF BUSINESS DEVELOPMENT 200 EAST GRAND AVEN'L~ DES MOINES, IOWA ~03t)9 5151242-4707 05,0~ '2881 l!:2d la DEPT ECO~a DBU -~ 3:~9337243B NO.BE~? ~PLIC~ ~'O~ON City Nae Pr~ Application Contact Nae Pr~a~ Contact Ti~e Pma~ Contact Organorion N~e Pma~ Conmet Address Ci~ &Sate Zip Code Pr~ Contact Telephone Prlm~ Conact Fax Nmber Offid~ Ci~ Contact wh~e ~e Enterthe Zone is to be l~ted (if sac person as above, so ~di~te): Offici~ Ci~ Comet Nae Ci~ Nine Ad&ess Ci~ Zip Coae Telephone Fg Co~ Nme ~ere Ci~ is Located .... NOTICE TO EgEPM8E ZOg C~CATION ~PLIC~S P~LIC ~CO~S POLICES lnfo~tion NUbmgged tO IDED. T~ Iowa Depament of ~onomic Development (IDED) is subject to ~e Open Records law (1997 Iowa Code, CMpter 22). TreaEent of Noraorion submiged to IDED ~ an EnmWrise Zone Ce~fica~on application is governed by ~e provisiom of '~ Open Records law. MI public records are available for public ~pec~on. C~ie8 of Iowa's Open Records law and DED's admi~s~afive ~es relat~ to public records are available from ~e Depm'~ent upo~ request. 85,'8~,'2B8j 1J:24 IR DEPT ECQN DEU ~ 3~9~3724~0 NQ.667 CERTIFICATIONS I, the undersigned, on behalf of the City identified herein, hereby submit the following application for Enterprise Zone Certification under the provisions of 1997 Iowa Acts, House File 724. I certify that the City has complied or will upon receipt of approval by the IDED Board, wi'th all applicable laws of the State of Iowa for' Enterprise Zone Certification. Further all action on the City's part, sucl~ as appropriate resolutions of its City Council for the execution and delivery of Enterprise Zone Certification Applications, including signatory authorization naming the undersigned officer of this City authorized to execute this Enterprise Zone Certification Application, has been effectively taken. I certify that all information, representations, or statements provided to the Iowa Deparanent of Economic Development (IDED) in connection with this application are true and correct in all material aspects. I understand that by submitting and signing this application I am certifying on behalf of the City that Enterprise Zones will not exceed 1% of the total area of 'the cotrely where my City is located and that boundaries of the area to be designated as Enterprise Zones are under the jurisdiction of my City. Signature, Title [Print name and rifle] City Name Date 11:24 ENTERPRISE ZONE CERTIFICATION APPLICATION GENERAL INSTRUCTIONS 1. Before falling out this application form, make sure you have read the Enterprise Zone administrative rules (261 IAC Chapter 59, "Enterprise Zones".) 2. Complete the application fully; if any questions are left urmn~wered or required attachments are not submitted, tile application will not be considered and will be returned. 3. Oaly typed or computer generated applications will be accepted and reviewed. Send the original plus two copies of the completed application form and attachments. 4. Use clear and concise language, 5. Any inaccurate information of a significant nature may disqualify the application from consideration. 6. Return the completed application with all required attachments m: IOWA DEPARTMIeNT OF !~CONOMIC DEVELOPMENT DMSION OF BUSINESS DEVELOPMENT Attn: ENTERPRISE ZONES 20~ EAST GRAND AVENUE DES ~OINES, IOWA 50309 NOTE: Enterprise Zone Certifications will remain in effect for a period of ten years from the date of certification of the zone by the Iowa Deparm. mnt of Economic Development's Board of Directors. A City may request Enterprise Zone Certification at any time prior to July i, 2000, -3- 65,'012DB1 11:24 IA DEPT ECDIq DEU + 3193372438 N0,66? ~O6 APPLICATION INFORMATION REQUIREMENTS B' To be eligible for Enterprise Zone Certification, a City (population of 24,000 or more as shown by the 1990 certified federal census) must have located within itS boundaries one or more contiguous census tracts or other geographic area that meet at least two of the following criteria: A) The area has a p~r capita income of $9,600 or less based on the 1990 census. B) The area has a family poverty rate of 12% or higher based on the 1990 census. C) 10% or more of the housing units are vacant in the area. D) The valuations of each class of property in the designated area is 75% or less of the citywide average for that classification based upon the most recent valuations for property tax purposes. E) The area is a blighted area, as defined in Iowa Code section 403.17. Please indicate which two of the above five criteria pertain to the census tract(s) or other geographic area your City is proposing to have certified as an Enterprise Zone. Please attach to this application supporting documentation showing how the census t~act(s) or other geographic area meets those two criteria, If there is an area within your city that meets the requirements for eligibility for an urban enterprise zone under Title XIII of the federal Omnibus Budget Reconciliation Act of 1993, such an area will be designated by the State as an Economic Development Enterprise Zone, but please complete the rest of this application where applicable (such an area will not be counted towards the 1% maximum of the total county area), -4- 65 81 2881 11:24 JR DEPT ECQN DEU ~ 3193372430 NQ.667 POT ID The total amount of land in a City (or cities) designated as Enterprise Zones cannot exceed in the aggregate one percent (1%) of the total county area in which that city (or cities) is located. However, cities may have more than one Enterprise Zone. Please complete the following questions: Total area of the county in square miles where the City is located: square miles. Total area of the county in square miles previously designted as Enterprise Zones: square miles Total area of the county in square miles that is being requested to be designated as an Enterprise Zone in this application:. square miles. Tom] area in acres of this proposed Enterprise Zone: acres. ffI) Please provide a legal description of the proposed Enterprise Zone below or ha an attachment. ALso, the application must be accompanied by detailed area map(s) showlug the boundaries of the proposed Enterprise Zone and an indication of where the proposed Enterprise Zone is located in relation to the rest of the city. Please note the City applying for Enterprise Zone certification may designate as part of the Enterprise Zone area tracts or approved geographic units located in another, contiguous city that borders the proposect Enterprise Zone, but only if the other contiguous city agrees to be included and if such tracts or approved geographic amts also meet the eligibility criteria. IV) This application for Enterprise Zone Certification must be accompanied by the original copy of the City Council resolution requesting Enterprise Zone certification. V) Please describe the current land use of the proposed Enterprise Zone(s), i.e. agricultural, residential, mixed industrial/residential, etc, Also please list the names of any existing industrial facilities currently located in the proposed Enterprise Zone(s). Steps following the submission of this application. I) The Board of Directors of the Iowa Department of Economic Development (IDED) will review this request for Enterprise Zone Certification. The Board may approve, deny, or defer a request for Enterprise Zone Certification. The IDED will provide notice to the City of the Board's certification, denim or deferral of their request for designation of an area as an Enterprise Zone. ~I) If the area is certified by the IDED Board of Directors, the notice will include the date of the Enterprise Zone certification and the date that certification expires. IV) If an Enterprise Zone has not been previously certified, upon notice of Enterprise Zone certification by the IDED Board, the City may begin to identify Enterprise Zone commission members who meet the requirements of Iowa Acts, House File 724, Section 5. -6- IAC 2/7/01 Economic Development[261 ] Ch 59, p. 1 CHAPTER 59 ENTERPRISE ZONES 261--59.1(15E) Purpose. The purpose of the eslablishment of an enterprise zone in a county or city is to promote new economic development in economically distressed areas. Eligible businesses (including eligible housing businesses) locating or located in an enterprise zone are authorized under this program to receive certain tax incentives and assistance. The intent of the program is to encour- age communities to target resources in ways that attract productive private investment in economi- cally distressed areas within a county or city. 261--59.2(15E) Definitions. "Act" memos Iowa Code Supplement sections 15E.191 through 15E.196 as amended by 1998 Iowa Acts, House Files 2164, 2395, section 17, and 2538. "Average county wage" means the average the department calculates using the most current four quarters of wage end employment information as provided in the Quarterly Covered Wage and Era- ployment Data report as provided by the Iowa deparlment of workforce development. Agricultural/ mining and governmental employment categories are deleted in compiling the wage information. "Average regional wage" means the wage calculated by the depar~nent using a methodology in which each particular county is considered to be a geographic center of a larger economic region. The wage threshold for the central county is calculated using the average wage of that county, plus each adjoining comity, so that the resulting figure reflects a regional average that is representative of the true labor market area. In performing the calculation, the greatest importance is given to the central county by "weighling" it by a factor of four, compared to a weighling of one for each of the other adjoining counties. The central county is given the greatest importm~ce in the calculation be- cause most of the employees in that central county will come from the same county, as compared to commuters from ether adjoining counties. "Board" means the Iowa department of econo~nic development board. "Commission" or "enterprise zone commission" means the enterprise zone eommissinn estab- lished by a city or county to review applications for incentives and assistance for businesses located within or requesting to locate within certified enterprise zones over which the enterprise zone com- mission has jurisdiction under the Act. "Contractor" or "subcontractor" means a person who contracts with an eligible business or sub- contracts with a contractor for the provision ofpropeay, materials, or services for the construction or equipping of a facility, located within the economic development zone, of the eligible business. "Department "means the Iowa department of economic development. "Director" means the director of the Iowa department of economic development. "DRF" means the Iowa department of revenue and finance. "Eligible business" means a business which meels the requirements of role 261--59.5(15E). "Enterprise zone" means a site or sites certified by the department of economic development board for the purpose of attracting private investment within economically distressed counties or areas of cities within the state. "Full-time" means the employment of one person: 1. For 8 hours per day for a 5-day, 40-hour workweek for 52 weeks per year, including paid holidays, vacations and other paid leave, or 2. The number of hours or days per week, including paid holidays, vacations and other paid leave, currently established by schedule, custom, or otherwise, as constituting a week of full-time work for the kind of service an individual performs for an employing unit. Ch 59, p.2 Economic Development[261 ] IAC 2/7/01 "Project jobs" means all of the new jobs to be created by the location or expansion of the busi- ness in the enterprise zone. For the project jobs, the business shall pay an average wage that is at or greater than 90 percent of the lesser of the average county wage or average regional wage, as deter- mined by the department. However, in any circumstance, the wage paid by the business for the proj- ect jobs shall not be less than $7.50 per hour. "Tax credit certificate ' memos a document issued by the deparlmont to an eligible business which indicates the amount of unused investment tax credit that the business is requesting to receive in the form of a refund. A tax credit certificate shall contain the taxpayer's name, address, tax identifica- tion number, the date of project completion, the amount of the tax credit certificate, the tax year for which the credit will be claimed, and any other information required by DRF or the department. "Value-added agricultural products" means agricullural products which, through a series of ac- tivities or processes, can be sold at a higher price than the original purchase price. 261--59.3(15E) Enterprise zone certification. An eligible county or a city may request the board to certify an area meeting the requirements of the Act and these rules as an enterprise zone. Zone designations will remain in effect for a period often years from the date of the board 's certification as a zone. A county or city may request zone designation under subrole 59.3(1) or 59.3(2) at any time prior to July 1, 2003. 59.3(1) County--eligibility. a. Requirements. To be eligible for enterprise zone designation, a county must meet at least two of the following criteria: (1) The county has an average weekly wage that ranks among the bottom 25 counties in the state based on the 1995 am~ual average weeldy wage for employees in private business. (2) The county has a family poverty rate that ranks among the top 25 counties in the state based on the 1990 census. (3) The county has experienced a percentage population loss that ranks among the top 25 coun- ties in the state between 1990 and 1995. (4) The county has a percentage of persons 65 years of age or older that ranks among the top 25 counties in the state based on the 1990 census. b. Zone parameters. Up to I pement of a county area may be designated as an enterprise zone. A county may establish more than one enterprise zone. The total amount of land designated as enter- prise zones under subrules 59.3(1) and 59.3(2) shall not exceed in the aggregate 1 percent of the total county area (excluding any area which qualifies as an urban or rural enterprise community under Tifie XIII of the federal Omnibus Budget Reconciliation Act of 1993). An eligible county contain- ing a city whose boundaries extend into an adjacent county may establish an enterprise zone in an area of the city located in the adjacent county if the adjacent county's board of supervisors adopts a resolution approving the estabhshment of the enterprise zone in the city and the two counties enter into an agreement pursuant to Iowa Code chapter 28E regarding the establishment of the enterprise zone. 59.3(2) City-~.eligibility. a. Requirements. To be eligible for enterprise zone designation, a city (population of 24,000 or more as shown by the 1990 certified federal census) must meet at least two of the following criteria: (1) The area has a per capita income of $9,600 or less based on the 1990 census. (2) The area has a family poverty rate of 12 percent or higher based on the 1990 census. (3) Ten percent or more of the housing units are vacant in the area. (4) The valuations of each class of property in the designated area is 75 percent or less of the citywide average for that classification based upon the most recent vaha~ons for property tax pur- poses. (5) The area is a blighted area, as defined in Iowa Code section 403.17. IAC 10/7/98, 2/7/01 Economic Development1261] Ch 59, p.2a b. Population limits. A city with a population of 24,000 or more, as shown by the 1990 certi- fied federal census, may request enterprise zone certification by the board. The zone shall consist of one or more contiguous census tracts, as determined in the most recent federal census, or alternative geographic units approved by the department, for that purpose. In creating an enterprise zone, an eligible city may designate as part of the area tracts or approved geographic units located in a contig- uous city if such tracts or approved geographic units otherwise meet the criteria on their own and the contiguous city agrees to be included in the enterprise zone. c. Zone parameters. A city may establish more than one enterprise zone. Up to I percent of the county in which the city is located may be designated as enterprise zones. If there is an area in the city which meets the requirements for eligibility for un urban or rural enterprise community un- der Title XIII of the federal Omnibus Budget Reconciliation Act of 1993, such area shall be desig- nated by the state as an enterprise zone. (The area meeting the requirements for eligibility for an urban or rural enterprise community shall not be included for the purpose of determining the 1 per- cant aggregate area limitation for enterprise zones.) 59.3(3) Designation procedures. a. Request with supporting documentation. All requests for designation shall include the fol- lowing: (1) DocumentationtlhatmeetsthedistresscriteriaofIowaCodeSupplementsection15E. 194. (2) A legal description of the proposed enterprise zone area and a detailed map showing the boundaries of the proposed enterprise zone. (3) Certification that the enterprise zone to be designated is within the overall limitation that may not exceed in the aggregate I percent of the county area and that the boundaries of the area to be designated are under the jurisdiction of the city or county requesting the designation. If the proposed county enterprise zone contains a city whose boundaries extend into an adjacent county, documenta- tion of the resolution of the board of supervisors of the adjacent county approving the establishment of the zone and a copy of an executed 28E agreement must be submitted to the department as part of the request for zone certification. (4) Res~hiti~n~fthecity~~unci~~rboard~fs~pervisors~asap~r~~riate~reques~mgdesignati~n of the enterprise zone(s). Included within this resolution may be a statement of the schedule of value-added property tax exemptions that will be offered to all eligible businesses that may locate or expand within the proposed enterprise zone. Ifa pmpe~y tax exemption is made applicable only to a portion of the property within the enterprise zone, the designation request submitted to the depart- ment must include a description of the uniform criteria which further some planning objective that has been established by the city or county enterprise zone commission and approved by the eligible city or county. Exmr~ples of acceptable "uniform criteria" that may be adopted include, but are not lhnited to, wage rates, capital investment levels, types and levels of employee benefits offered, job creation requirements, and specific targeted industries. "Platruing objectives" may include, but are not limited to, land use, rehabilitation of dislressed property, or "brownfields" remediatian. This schedule of value-added property tax exemptions may be approved at the thne of zone desig- nation request, but must be approved by the city council or board of supervisors, as appropriate, be- fore the establishment of the local enterprise zone commission. This schedule of value-added prop- erty tax exemptions may also include the other property tax exemptions or other properly tax related incentives that may be used in conjunction with the enterprise zone such as property tax exemptions that may exist in Urban Revitalization Areas or Tax Increment Financing (TIF) districts that may exist within Urban Renewal Areas. Property tax exemptions authorized under Iowa Code chapter 427B may not be used, as stated in Iowa Code section 427B.6, in conjunction with property tax ex- emptions authorized by city council or county board of supervisors within the local enterprise zone. The city or county shall forward a copy of the official resolution listing the property tax exemption schedule(s) to the department and to the local assessor. IAC 2/7/01 Economic Development[261 ] Ch 59, p.3 b. Board revie~ The board will review requests for enterprise zone certification. The board may approve, deny, or defer a request for zone certification. c. Notice of board action. The depar~nent will provide notice to a city or county of the board's certification, denial, or deferral of the city's or county's request for designation of an area as an enter- prise zone. If an area is certified by the board as an enterprise zone, the notice will include the date of the zone certification and the date this certification expires. d. Amendmenls and decertification. A certified enterprise zone may be amended or decerti fled upon apphcation of the city or county originally applying for the zone designation. However, an amendment shall not extend the zone's ten-year expiration date, as established when the zone was initially certified by the board. After July 1, 2003, the statutory deadline for cities and counties to request zone certification, an amendment shall not add area to a certified enterprise zone. An amendment or decertification request shall include, but is not limited to, the following information: reason(s) for the amendment or decerti~cation and confmmation that the amended zone meets the requirements of the Act and these rules. The board will review the request and may approve, deny, or defer the proposed amendment or decertification. 59.3(4) County not eligible under subrule 59.3(1). a. Requirements. A county which is not eligible under the requirements in subrule 59.3( 1 ) may designate an enterprise zone within an area located in one or more contiguous census tracts or other geographic units of the county that meets at least two of the following distress criteria: (1) The area has a par capita income of $9,600 or less based on the 1990 census. (2) The area has a family poverty rate of 12 percent or higher based on the 1990 census. (3) Ten percent or more of the housing units in the area are vaeaut. (4) Thevaluati~ns~fea~hclass~fpr~pertyinthedesignatedareais75per~ent~r~ess~fthec~un~ tywide average for that classification based upon the most recent valuations for propony tax purposes. (5) The area is a blighted area, as defined in Iowa Code section 403.17. b. Zone parameters. A county with an area that meets the requirements in paragraph "a "may designate only one enterprise zone. The enterprise zone designated under this subrule shall not be subject to the area limitation defined in Iowa Code section 15E. 192, subsection 4. c. Certification procedures. All requests for cerlillcation shall be made using the application provided by the department. The board will review requests for enterprise zone certification and may approve, deny, or defer a request for zone certification. The board shall not certify more than five enterprise zones pursuant to this subrule prior to July 1, 2001. 59.3(5) City or county with business closure. a. Requirements. A city of any size or any county may designate an enterprise zone at any time prior to July 1, 2010, when a business closure occurs involving the loss of full.time employees, not including retail employees, at one place of business totaling at least 1,000 employees or 4 percent of the county's resident labor force based upon the most recent annual resident labor force statistics from the department of workforce development, whichever is lower. b. Zone parameters. The enterprise zone may be established on the property of the place of business that has closed and the enterprise zone may include an area up to an additional one mile adjacent to the property. The area meeting the requirements for enterprise zone eligibility under this subrule shall not be included for the purpose of determining the area limitation pursuant to Iowa Code section 15 E. 192, subsection 4. c. Certification procedures. All requests for certification shall be made using the application provided by the department. The board will review requests for enterprise zone certification, The board may approve, deny, or defer a request for zone certification. Ch 59, p.4 Economic Development[261] LAC 10/7/98 261--59.4(1 5E) Enterprise zone commission. Following notice of enterprise zone certification by the board, the applicant city or county shall establish an enterprise zone commission. The commis- sion shall review applications from eligible businesses and eligible housing businesses located in the zone and forward approved applications to the department for final review and approval. 59.4(1) Commission composition. a. County enterprise zone commission. A county shall have only one enterprise zone commis- sion to review applications for incentives and assistance for businesses (including eligible housing businesses) located or requesting to locate within a certified enterprise zone. The enterprise zone conunission shall consist of nine members. Five of these members shall be comprised of: (1) Onereprcsentativeofthecountyboardofsupcrvisors, (2) One member with economic development expertise selected by the department. (3) One representative ofthe county zoning board, (4) One member of the local community college board of directors, and (5) One representative of the local workforce development canter selected by the Iowa work- force development department unless otherwise designated by a regional advisory board. The five members identified above shall select the remaining four members. If the entcrprise zone consists of an area meeting the requirements for eligibility for an urban or rural enterprise community under Title XIII of the federal Omnibus Budget Reconciliation Act of 1993, one of the remaining four members shah be a representative of that community. If the enterprise zone is located in a county that does not have a county zoning beard, tile representatives identified in 59.4(1) "a "(1), (2), (4), and (5) shall select an individual with zoning expertise to serve as a member of the cornmission. b. City enterprise zone commission, A city in which an eligible enterprise zone is certified shall have only one enterprise zone commission. A city with a population of 24,000 or more which designates an enterprise zone pursuant to Iowa Code Supplement section 15E. 194, subsection 2, and in which an ehgible enterprise zone is certified shah establish an enterprise zone commission to re- view applications from qualified businesses located within or requesting to locate within an enter- prise zone to receive incentives or assistance. The commission shall consist ofnine members. Sixof these members shah consist of: (1) Onerepresentativeofanintemationallabororganization, (2) One member with economic development expertise chosen by the department of economic development, (3) One representative ofthe city councH, (4) One member of the local community college board of directors, (5) One member of the city planning and zoning commission, and (6) One representative of the local workforce development center selected by the Iowa work- force development department unless otherwise designated by a regional advisory board. The six members identified above shah select the remaining three members. If the enterprise zone consists of an area meeting the requirements for eligibility for an urban enterprise community under Title XIII of the federal Omnibus Budget Reconciliation Act of 1993, one of the remaining three members shall be a representative of that comrnuhity. Ira city contiguous to the city designat- ing the enterprise zone is included in an enterprise zone, a representative of the contiguous city, cho- sen by the city council, shall be a member of the commission. IAC 10/7/98 Economic Development[2611 Ch 59, p .5 59.4(2) Department review of composition. a. Once a county or city has established an enterprise zone commission, the count3, or city shall provide the department with the following information to verify that the commission is constituted in accordance with the Act and these rules: ( 1 )The name and address of each member. (2) Anidentificationofwhatgroupthememberisrepmsentingonthecommission. (3) Copies of the msohtion or other necessary action of a gnveming body, as appropriate, by which a member was appointed to the commission. (4) Any other information that the department may reasonably request in order to permit it to determine the validity of the commission's composition. b. If a city has estabhshed an enterprise zone commission prior to July 1, 1998, the city may petition to the department of economic development to change the structure of the existing commis- sion. A petition to amend the streetore of an existing city enterprise zone commission shall include the following: (1) Thenamesandaddressesofthemembersoftheexistingcommission. (2) The date the commission was approved by the department. (3) The proposed changes the city is mquesting in the composition ofthe commission. (4) Copies of the resolution or other necessary action of a gnveming body, as appropriate, by which a member was appointed to the commission. 59.4(3} Commission policies andprocedures. Each commission shall develop pohcies and pro- cedures which shall, at a minimum, include: a. Processes for receiving and evaluating applications from qualified businesses seeking to par- ticipate within the enterprise zone; and b. Operational policies of the commission such as meetings; and c. A process for the selection of commission officers and the filling of vacancies on the com- mission; and d. The designation of staff to handle the day-to-day administration of commission activities. e. Additional local eligibility requirements for businesses, if any, as discussed in subrule 59.9(1). 261--59.5(15E) Eligibility. To participate in the enterprise zone program, a business must qualify under one of three categories: as an eligible business, an alternative eligible business, or an eligible housing business. Refer to rule 261--59.6(15E) for a description of the eligibility requirements and benefits available to a qualified "eligible business." Refer to rule 261--59.7(15E) for a description of the eligibility requirements and benefits available to a qualified "alternative eligible business." Refer to rule 261--59.8(15E) for a description of the eligibility requirements and benefits available to a qualified "eligible housing business." 261--59.6(15E) Eligible business. 59.6(1) Requirements. A business winch is or will be located in an enterprise zone is eligible to receive incentives and assistance under the Act if the business meets all of the following: a. No closure or reduction. The business has not closed or reduced its operation in one area of the state and relocated substantially the same operation into the enterprise zone. This requirement does not prohibit a business from expanding its operation in an enterprise zone if existing operations of a similar nature in the state are not closed or substantially reduced. Ch 59, p.6 Economic Development[261] IAC 10/7/98 b. No retail. The business is not a retail business or a business whose entrance is limited by a cover charge or membership requirement. c. Employee benefits. The business provides all full-time employees with the option of choos- ing one of the following: (1) The business pays 80 percent of both of the following: 1. The cost of a standard medical insurance plan, and 2. The cost of a standard dental insurance plan or an equivalent plan. (2) The business provides the employee with a monetarily equivalent plan to the plan provided for in subparagraph (1) above. d. FFage levels. The business pays an average wage that is at or greater than 90 percent of the lesser of the avemge county wage or average regional wage, as determined by the department. How- ever, in any circumstance, the wage paid by the business for the project jobs shall not be less than $7.50 per hour. The department will periodically calculate, revise and issue the "average county wage" and the "average regional wage" figures that wdl be used for determining business eligibility in the program. However, in any circumstance, a company will be deemed eligible for participation in the enlerprise zone if it pays an hourly wage of $9.50 or greater. The local enterprise zone com- mission may establish higher company eligibility wage thresholds if it so desires. e. Job creation. The business expansion or location must result in at least ten full-time project jobs and those project jobs must be maintained for at least ten years. The business shall create these jobs within three years of the effective date of the business's agreement with the department and the city or county, as appropriate. For an existing business in counties with a population of 10,000 or less or in cities with a population of 2,000 or less, the conunissinn may adopt a provision fixat allows the business to create at least five initial jobs with the additional five jobs to be added within five years. The business shall include in its strategic plan the time line for job creation. If the existing business fails to meet the ten-job creation requirement willfin the five-year period, all incentives and assistance will cease irmnediately. J; Capital investment. The business makes a capital investment of at least $500,000. If the business will be occupying a vacant building suitable for industrial use, the fair market value of the building and land, not to exceed $250,000, as determined by the local enterprise zone commission, shall be counted toward the capital investment requirement. An existing business that has been oper- ating in the enterprise zone for at least five years is exempt from the capital investment requirement of this paragraph of up to $250,000 of the fair market value, as estabhshed by an appraisal, of the building and land. Ihe capital investment amount stated in the business's application must be com- pleted within three years of the effective date of the agreement described in mle 59.9(15E). 59.6(2} Additional information. In addition to meeting the requirements under subrole 59.6(1), an eligible business shall provide the enterprise zone commission with all of the following: a. The long-term strategic plan for the business, which shall include labor and infrastructure needs. b. Information dealing with the benefits the business will bring to the area. c. Examples of why the business should be considered or would be considered a good business enterprise. d The impact the business will have on other Iowa businesses hi competition with it. e. An affidavit that it has not, within the last five years, violated state or federal environmental and worker safety statutes, roles, and regulations or if such violation has occurred that there were mitigating circumstances or such violations did not seriously affect public health or safety or the en- vironment. IAC 10/7/98, 2/7/01 Economic Development[261 ] Ch 59, p.7 59.6(3) Benefits. The following incentives and assistance are available to an eligible business within a certified enterprise zone only when the average wage of all the new project jobs meets the minimum wage requirements of 59.6( 1 ) "d ": a. New jobs supplemental credit; alternative credit for housing assistance programs. (1) An approved business shall receive a new jobs supplemental credit from withholding in an amount equal to I lh percent of the gross wages paid by the business, as provided in Iowa Code sec- tion 15.331. The supplemental new jobs credit available under this program is hi addition to and not in lieu of the program and withholding credit of ll/a percent authorized under Iowa Code chapter 260E. Additional new jobs created by the project, beyond those that were agreed to in the original agreement as described in 261 --59.12(15E), are eligible for the additional 1 Y2 percent withholding credit as loug as those additional jobs meet the local enterprise zone wage eligibility criteria and are an integral part or a continuation of the new location or expansion. Approval and administration of the supplemenial new jobs credit shall follow existing procedures established under Iowa Code chapter 260E. Businesses eligible for the new jobs training program are those businesses engaged in interstate commerce or intrastate commerce for the purpose of manufacturing, processing, or assem- bling products, conducting research and development, or providing services in interstate commeme, but exclude retail, health or professional services. (2) As an alternative to the cmdit described in subparagraph (l) above, a business may provide a housing assishmce program in the form of down payment assistance or rental assistance for em- ployees in new jobs, as defined in Iowa Code section 260E.2, who buy or rent housing located within any certified enterprise zone. A business establishing a housing assistance program shall fund this program through a credit fi'om withholding based on the wages paid to the employees participating in the housing assistance program. An amount equal to IYa percent of the gross wages paid by the employer to each employee participating in the housing assistance program shall be credited from the payment made by an employer pursuant to Iowa Code section 422.16. If the amount of the with- holding by the employer is less than P/a percent of the gross wages paid to the employees, then the employer shall receive a credit against other withholding taxes due by the employer. The employer shall deposit the amount of the credit quarterly into a housing assistance fund created by the business out of which the business shall provide employees enrolled in the housing assistance program with down payment assistance or rental assistance. (3) A business may enter into an agreement with the county or city designating the enterprise zone pursuant to Iowa Code Supplement section 15E. 194 to borrow initial moneys to fund a housing assistance program. The county or city may appropriate from the general fund of the county or city for the assistance program an amount not to exceed an amount estimated by the department of reve- nue and finance to be equal to the total amount of credit from withholding for employees determined by the business to be enrolled in the program dufarg the frrst two years. The business shall pay the principal and interest on the loan out of moneys received from the credit from withholding provided for in subparagraph (1). The terms of the loan agreement shall include the principal amount, the in/ernst rote, the terms of repayment, and the term of the loan. The agreement shah require that the down payment assistance or rental assistance provided for employees in new jobs be repaid, in whole or in part, in the event an employee is no longer employed by the business or defaults under the agreement between the business and an employee. The terms of the loan agreement shah not extend beyond the period duFarg which the enterprise zone is certified. The employer shall certify to the deparlment of revenue and finance that the credit from withholding is in accordance with an agreement and shall provide other infonnation the department may require. The business shall enter into an agreement with each employee receiving down payment or rental assistance. The agreements shall include terms and conditions of the receipt of the assislance and re- payment provisions should the employee no longer work for the business or default under the terms of the agreement. Ch 59, p.8 Economic Development[2611 IAC 2/7/01 (4) An employee participating in the housing assistance program will receive full credit for the amount withheld as provided in Iowa Code section 422.16. (5) The ll/2 percent supplemental credit authorized under this rule may be apportioned between the 260E training programs described in subparagraph (1) and the down payment or rental assistance program described in subparagraph (2). b. Value-added property tax exemption. ( 1 ) The county or city for which an eligible enterprise zone is certified may exempt from all property taxation all or a portion of the value added to the property upon winch an eligible business locates or expands in an enl~rpl lse zone and winch is used in the operation of the eligible business. This exemption shah be authorized by the city or county that would have been entitled to receive the property taxes, but is electing to forego the tax revenue for an eligible business under this program. The amount of value add- ed for purposes of Iowa Code section 15E. 196 shall be the amount of the increase in assessed valuation of the property following the location or expansion of the business in the enterprise zone. (2) If an exemption is made applicable only to a portion of the property within an enterprise zone, there must be approved uniform criteria which further some planning objective established by the city or county zone conctmission. These uniform criteria must also be approved by the eligible city or county. Examples of acceptable "uniform criteria" that may be adopted include, but are not limited to, wage rates, capital investment levels, types and levels of employee benefits offered, job creation requirements, and specific targeted industries. "Planning objectives" may include, but are not limited to, land use, rehabilitation of disa'essed property, or "brownfields" remediation. (3) Theexemptionmaybeallowedforaperindnottoexceedtenyearsbeginningtheyearvalue added by improvements to real estate is first assessed for taxation in an enterprise zone. c. Investment tax credit and insurance premium lax credit. (1) ]nves~anent tax credit. An eligible business may cla'rm an investment tax credit as provided in Iowa Code section 15.333. A corporate income tax credit may be claimed of up to a maximum of 10 percent of the new investment which is directly rela~ed to new jobs created by the location or expansion of the business in the enterprise zone. If the business is a partnership, subchapter S corpo- ration, limited liability company, or an estate or trust electing to have the income taxed directly to the individual, an individual may claim the tax credit allowed. Any credit in excess of tax liability for the tax year may be credited to the tax liability for the follox(mg seven years or until depleted, which- ever occurs furst. Subject to prior approval by the department in consultation with DRF, an eligible business whose project primarily involves the production of value-added agricultural products may elect to apply for a refund for all or a portion of an unused tax credit. The refund may be used against a tax liability imposed for individual income tax, corporate income tax, or franchise tax. The busi- ness participating in the enterprise zone may not claim an investment tax credit for capital expendi- tures above the amount stated in the agreement described in 261--59.12(15E). An eligible business may instead seek to amend the contract, allowing the business to receive an inveslment tax credit for additional capital expenditures, or may elect to submit a new application within the enterprise zone. (2) Insurance premium tax credit. The insurance premium tax credit benefit is available for a business that submits an application for enterprise zone participation on or after July 1, 1999. If the business is an insurance company, the business may claim an insurance premium tax credit as pro- vided in Iowa Code section 15E. 196 as amended by 1999 Iowa Acts, chapter 172, section 2. An Iowa insurance premium tax credit may be claimed of up to a maximum of 10 percent of the new investment which is directly related to new jobs created by the location or expansion of the business in the enterprise zone. Any credit in excess of tax liability for the tax year may be credited to the tax liability for the following seven years or until depleted, whichever occurs first. The business partici- pating in the enterprise zone may not claim an investment tax credit for capital expenditures above the amount stated in the agreement described in 261--59.12(15E). An eligible business may instead seek to amend the contract, allowing the business to receive an investment tax credit for additional capital expenditures, or may elect to submit a new application within the enterprise zone. IAC 2/7/01 Economic Development1261] Ch 59, p.9 (3) Eligible capital expenditures. For purposes of this rule, the capital expenditures eligible for the investment tax credit or the insurance premium tax credit under the enterprise zone program are the costs of machinery and equipment as defined in Iowa Code section 427A.1(1) "e" and 'y" pur- chased for use in the operation of the eligible business, the purchase prices of which have been de- preciated in accordance with generally accepted accounting principles. For the investment tax cred- it, the cost of improvements made to real properly which is used in the operation of the eligible business and which receives a partial property tax exemption for the actual value added as described in Iowa Code section 15.332 is an eligible capital expenditure. For the insurance premium tax credit, the cost of improvements made to real property which is used in the operation of the eligible business is an eligible capital expenditure. (4) Real property. For business applications received on or after July 1, 1999, for purposes of the investment tax credit claimed under Iowa Code section 15.333 and for business applications re- ceived on or after May 26, 2000, for purposes of the insurance premium tax credit claimed under Iowa Code section 15.333A, subsection 1, the purchase price of real property and any existing build- ings and structures located on the real property will also be considered a new investment in the loca- tion or expansion of an eligible business. However, if within five years of purchase, the eligible busi- ness sells or disposes of, razes or otherwise renders unusable the land, buildings, or other existing slxuctures for which tax credit was claimed under Iowa Code section 15,333 or under Iowa Code sec- tion 15.333A, subsection 1, the income tax liability, or where applicable the insurance premium tax liability, of the eligible business for the year in which the property is sold, disposed of, razed, or other- wise rendered unusable shall be increased by one of the following amounts: t. One hundred pement of the tax credit claimed under this section if the property ceases to be eligible for the tax credit within one year after being placed in service. 2. Eighty percent of the tax credit claimed under tiffs section if the property ceases to be eligible for the tax credit within two years after being placed in service. 3. Sixty percent of the tax credit claimed under this section if the property ceases to be eligible for the tax credit within three years after being placed in service. 4. Forty percent of the tax credit claimed under this section if the propeay ceases to be eligible for the tax credit within four years after being placed in service. 5. Twenty percent of the tax credit claimed under this section if the property ceases to be eligi- ble for the tax credit within five years after being placed in service. (5) Refunds. An eligible business whose project primarily involves the production of value- added agricultural products and whose application was approved by the department on or after May 26, 2000, may elect to receive as a refund all or a portion of an unused investment tax credit. 1. The deparhnent will determine whether a business's project primarily involves the produc- tion of value-added agricultural products. Effective July 1,200t, an eligible business that elects to receive a refund shall apply to the department for a tax credit certificate. 2. The business shall apply for a tax credit certificate using the form provided by the depart- ment. Requests for tax credit certificates will be accepted between May 1 and May 15 of each fiscal year. Only those eligible businesses that have completed projects before the May I filing date may apply for a tax credit certificate. 3. The deparhnent will make public by June I of each year the total number of requests for lax credit certificates and the total amount of requested tax credit certificates that have been submitted. By June 15 of each year any business that has submitted a request for a tax credit certificate for that year may be allowed to amend or withdraw any such request. The department will issue tax credit certificates by June 30 of each fiscal year. Ch 59, p. 10 Economic Development[261 ] IAC 2/7/01 4. The department shall not issue tax credit certificates which total more than $4 million during a fiscal year. If the department receives applications for tax credit certificates in excess of $4 rail- lion, the applicants shall receive certificates for a prorated amount. In such a case, the tax credit requested by an eligible business will be promted based upon the total amount of requested tax credit certificates received during the fiscal year. This proportion will be applied to the amount requested by each eligible business tu determine the amount of the tax credit certificate that will be distributed to each business for the fiscal year. For example, if an eligible business submits a request in the amount of $1 million and the total amount of requested tax credit certificates equals $8 million, the business will be issued a tax credit certificate in the amount of $500,000: $4 million $8 million = 50% × $1 million $500,000. 5. Tax credit certificates shall not be valid until the tax year following project completion. The tax credit certificates shall not be transferred. Tax credit certificates shall be used in tax years begin- ning on or after July 1, 2001. A business shall not claim a refund of unused investment tax credit unless a tax credit certificate issued by the department is attacbed to the taxpayer's tax return for the lax year during which the tax credit is claimed. Any unused inveslment tax credit in excess of the amount of the tax credit certificafe issued by the department may be carried forward for up to seven years after the qualifying asset is placed in service or until depleted, whichever occurs first. An eligi- ble business may apply for tax credit certificates once each year for up to seven years after the quali- fying asset is placed in service or until the eligible business's unused investraent tax credit is de- pleted, whichever occurs first. For example, an eligible business which completes a project in October 2001 and has an investment tax credit of $1 million may apply for a tax credit certificate in May 2002. If, because of the proration of the $4 million of available credits for the fiscal year, the business is awarded a tax credit certificate in the amount of $300,000, the business may claim the $300,000 refund and carry forward the unused investment tax credit of $700,000 for up to seven years or until the credit is depleted, whichever occm's fast. d. Research activities credit. A business is eligible to claim a research activities credit as pro- vided in Iowa Code section 15.335. This benefit is a corporate tax credit for increasing research activities in this state during the period the business is participating in the program. For purposes of claiming this credit, a business is considered to be "participating in the program" for a period of ten years from the date the business's application was approved by the deparlraent. This credit equals 61/2 percent of the state's apportioned share of the qualifying expenditures for increasing research activities. The state's apportioned share of the qualifying expenditures for increasing research activ- ities is a percent equal to the ratio of qualified research expenditures in this state to total qualified research expenditures. This credit is in addition to the credit authorized in Iowa Code section 422.33. If the business is a partnership, subchapter S corporation, limited liability company, or an estate or trust electing to have the income taxed directly to the individual, an individual may claim the tax credit allowed. Any tax credit in excess of the tax liability shall be refunded to the eligible business with interest computed under Iowa Code section 422,25. In lieu of claiming a refund, the ehgible business may elect to have the overpayment credited to its tax liability for the following year. e. Refund of sales, service and use taxes paid to contractors or subcontractors. A business is eligible for a refund of sales, service and use taxes paid to contractors and subcontractors as autho- rized in Iowa Code section 15.331A. (1) An eligible business may apply for a refund of the sales and use taxes paid under Iowa Code chapters 422 and 423 for gas, electricity, water o~ sewer utility services, goods, wares, or merchan- dise, or on services rendered, fumished, or performed to or for a contractor or subcontractor and used in the fulfdiment of a written contract relating to the constraction or equipping of a facility within the enterprise zone. IAC 2/7/01 Economic Development[ 261 [ Ch 59, p. 11 (2) Taxes attributable to intangible property and furniture and furnishings shall not be refunded. To receive a refund of the sales, service and use taxes paid to contractors or subcontractors, the eligi- ble business must, within six months after project completion, make an application to DRF. For new manufacturing facilities, "project completion" means the first date upon which the average annual- ized production of fmished product for the preceding 90-day period at the manufacturing facility operated by the eligible business within the enterprise zone is at least 50 percent of the initial design capacity of the facility. For existing facilities, "project completion" means the date of completion of all improvements included in the enterprise zone project. fi New jobs insurancepremium tax credit. If the eligible business is an insurance company, the business may claim an insurance premium tax credit as provided in Iowa Code section 15.333A. This new jobs insurance premium tax credit may be taken by an eligible business winch has entered into an Iowa Code chapter 260E agreement with a vocational school or community college, and which has increased its base employment level in Iowa by at least 10 percent within the time set in the 260E training agreement. In the case of an eligible business without a base employment level, if the business adds new jobs within the time set in the 260E agreement, it is entitled to this new jobs insurance premium tax credit for the tax period to be selected by the business. In determining if the business has increased its base employment by 10 percent, only those new jobs resulting from the project covered by the 260E agreement shall be counted. The new jobs insurance premium tax credit as provided in Iowa Code section 15.333A is deter- mined by multiplying the qualifying taxable wages of new employees by 6 percent. For purposes of this credit, "qualifying taxable wages" is the amount of taxable wages upon winch an employer is required to pay state of Iowa unemployment compensation fund taxes for new employees in new jobs. This insurance premium tax credit may be claimed in any reporting period which either begins or ends during the period beginning with the date of the 260E agreement and ending with the date by which the 260E training agreement is to be completed. Any credit in excess of the insurance pre- mium tax liability for the year may be credited to the tax liability for the following seven years, or until depleted, whichever is earlier. This new jobs insurance premium tax credit is in lieu of, and not in addition to, the new jobs tax credit as stated in Iowa Code section 422.11A. 59.6(4) Duration of benefits. An enterprise zone designation shall remain in effect for ten years following the date of certification. Any state or local incentives or assistance that may be conferred must be conferred before the designation expires. However, the benefits of the incentive or assis- tance may continue beyond the expiration of the zone designation. 59.6(5) Application review and submittal. Eligible businesses shall first submit applications for enterprise zone program benefits to the local enterprise zone commission. Cornmission-approved applications shall be forwarded to the department for final review and approval. 261--59.7(15E) Alternative eligible business. 59.7(1) Requirements. A business which is not located in an enterprise zone is eligible to receive in.ten!ires and assistance under the enterprise zone program if the business meets all of the following criteria: a. No closure or reduction. The business has not closed or reduced its operation in one area of the state and relocated substantially the same operation in a location which qualifies the business under this rule. Tllis requirement does not prohibit a business from expanding its operation in a Iota- lion which qualifies the business under this rule if existing operations of a similar nature in the state are not closed or substantially reduced. b. No retail, The business is not a retail business or a business whose entrance is limited by a cover charge or membership requirement. Ch 59, p. 12 Economic Development1261 ] IAC 10/7/98, 2/7/01 c. Employee benefits. The business provides all full-time employees with the option of choos- ing one of the following: (1) The business pays 80 percent ofbnth ofthe following: 1. The cost of a standard medical insurance plan, and 2. The cost of a standard dental insurance plan or an equivalent plan. (2) The business provides the employee with a monetarily equivalent plan to the plan provided for in subparagraph (1) above. d. Job creation. The business expansion or location must result in at least ten full-tune project jobs and those project jobs must be maintained for at least ten years. The business shall cream these jobs within three years of the effective dale of the business's agreement with the department and the city or county, as appropriate. The business shall include in its strategic plan the Cane line for job creation. If the exisfmg business fails to meet the ten-job creation requirement within the five-year period, all incentives and assistance will cease immediately. e. Capital investment. The business makes a capitsl investment of at least $500,000. If the business will be occupyh~g a vacant building suitable for industrial use, the fair market value of the building and land, not to exceed $250,000, as determined by the city, shall be counted toward the capital investment requirement. An existing business that has been operating for at least five years is exempt from the capital investment requirement of this paragraph of up to $250,000 of the fair mar- ket value, as established by an appraisal, of the building and land. The capital investment amount stated in the business's application must be completed within three years of the effective date of the agreement described in rule 59.12(15E). J; City population limits. The business must be or plan to be located in a city with a population between 8,000 and 24,000 as determined by population estimates by the United States Bureau of the Census for the year 1995. g. Proximity to enterprise zone. The business must currently be or plan to be located in a city which is not more than 35 miles from an existing enterprise zone in this state or an equivalent zone in an adjacent state. h. NJIP (newjobs and income progra~n) wage levels. Thebusinessshallcomplywiththewage requirements of Iowa Cede section 15.329(1)"d." This section of the Iowa Code requires the busi- ness to agree to pay a median wage for new full-time hourly nonmanagement production jobs of at least $11 per hour indexed to 1993 dollars based on the gross national product implicit price deflator published by the Bureau of Economic A. alysis of the United States Department of Commerce or 130 percent of the average wage in the county in which the community is located, whichever is higher. i. Distress criteria. The business must currently be or plan to be located in an area that meets two of the criteria listed below: (1) The area has a per capita income of $9,600 or less based on the 1990 census. (2) The area has a family poverty rate of 12 percent or higher based on the 1990 census. (3) Ten percent or more of the housing units in the area are vacant. (4) The valuations of each class of property in the designated area are 75 percent or less of the citywide average for that classification based upon the most recent valuations for property tax pur- poses. (5) The area is a blighted area, as defined in Iowa Code section 403.17. j. City approval. The business must receive approval by ordinance or resolution from the city in which the project is located. IAC 2/7/01 Economic Development[261 ] Ch 59, p. 13 59.7(2) Benefits. A business that qualifies under the "alternative eligible business" category is eligible to receive the following benefits: a. A new jobs supplemental credit as described in paragraph 59.6(3) "a." b. A value-added property tax exemption as described in paragraph 59.6(3) "b." An investment tax credit as detailed in paragraph 59.6(3) "c." d. A research activities credit as outlined in paragraph 59.6(3) "d." e. A sales, service, and use tax refund credit as described in paragraph 59.6(3) "e." A new jobs insurance premium tax credit as described in paragraph 59.6(3) '~" The duration of these benefits shall be the same as set forth in subrole 59.6(4). 59.7(3) Application submittal and review. After approval of a project by ordinance or resolution, the city shall submit an application directly to the department. 261--59.8(15E) Eligible housing business. An eligible housing business includes a housing de- veloper or housing contractor. 59.8(1) Requirements. A housing business shall satisfyaliofthe following as conditionstu re- ceiving the benefits described in this role. a. The housing business must build or rehabilitate either: (1) A minimum of four single-family homes with a value, after completion of the building or rehabilitation, not exceeding $120,000 for each home located in that part of a city or county in which there is a designated enterprise zone, or (2) One multiple dwelling unit building containing three or more individual dwelling units with a total value per unit, after completion of the building or rehabilitation, not exceeding $120,000 lo- cated in that part of a city or county in which there is a designated enterprise zone. b. The single-family homes and dwelling units which are rehabilitated or constructed by the housing business shall be modest homes or units, but shall include the necessary amenities. When completed and made available for occupancy, the single-family homes and dwelling units shall meet the United States Deparlment of Housing and Urban Development's housing quality standards and local safety standards. c. The eligible housing business shall complete its building or rehabilitation within two years from the time the business begins construction on the single-family homes and dwelling units. The failure to complete construction or rehabilitation within two years shall result in the eligible housing business becoming ineligible and subject to the repayment requirements and penalties in rule 261--59.13(15E). d. An eligible housing business shall provide the enterprise zone commission with all of the following information: (1) The long-term plan for the pruposed housing development project, including labor and infra- structure needs. (2) Information dealing with the benefits the proposed housing development project will bring to the area. (3) Examples of why the proposed development project should be considered a good housing development project. (4) An affidavit that it has not, within the last five years, violated state or federal environmental and worker safety statutes, rules, and regulations or if such violations have occurred that there were mitigating circumstances or such violations did not seriously affect public health or safety or the en- vironment. Ch 59, p.14 Economic Development[261] IAC 10/7/98, 2/7/01 59.8(2) Benefits. A business that qualifies under the "eligible housing business" category is eli- gible to receive the following benefits for a period often years: a. Income tax credit. An eligible housing business may claim an income tax credit up to a max- imum of 10 percent of the new investment which is directly related to the building or rehabilitating of a minimum of four single-family homes located in that part of a city or county in which there is a designated enterprise zone or one multiple dwelling unit building containing three or more individu- al dwelling units located in that pa~ of a city or county in which there is a designated enterprise zone. Any credit in excess of the tax liability for the tax year may be credited to the tax liabihty for the following seven years or until depleted, whichever occurs earlier. If the business is a partnership, subchapter S corporation, limited liability company, or estate or trust electing to have the income taxed directly to the individual, an individual may claim the tax credit allowed. The amount claimed by the individual shall be based upon the pro-mta share of the individual's earnings of the partner- ship, subchapter S corporation, lhnited liability company, or estate or trust. b. Sales, service, and use tax refund. An approved housing business shall receive a sales, ser- vice, and use tax refund as described in paragraph 59.6(3) "e." 59.8(3) .4plglication submittal and review. An eligible housing business shall f~rst submit an ap- plication to the commission for approval. The commission shall forward applications that it has ap- proved to receive benefits and assistance to the department for final review and approval. 261--59.9(15E) Commission review of businesses' applications. 59.9(1)/Idditional commission eligibility requirements. Under the Act, a eo~nmission is autho- rLzed to adopt additional eligibility requirements related to compensation and benefits that busi- nesses within a zone must meet in order to qualify for benefits. Additional local requirements that may be considered could include, but are not limited to, the types of industries or businesses the commission wishes to receive enterprise zone benefits; requirements that preference in hiring be giv- en to individuals who live within the enterprise zone; higher wage eligibility threshold requirements than would otherwise be required; higher job creation eligibility threshold requirements than would otherwise be required; the level of benefits required; local competition issues; or any other criteria the commission deems appropriate. If a comn'dssinn elects to adopt more stringent requirements than those contained in the Act and these rules for a business to be eligible for incentives and assis- tance, these requirements shall be submitted to the department. 59.9(2) Application. The department will develop a standardized application that it will make available for use by a business applying for benefits and assistance as an eligible business, an alter- native eligible business, or an eligible housing business. The commission may add any additional infonnatinn to the application that it deems appropriate for a business to quahfy as an eligible busi- hess or an eligible housing business. If the commission determines that a business qualifies for in- clusion in an enterprise zone and that it is eligible for benefits under the Act, the commission shall submit an application for incentives or assistance to the department. 261--59.10(15E) Other commission responsibilities. 59.10(1) Commissions have the authority to adopt a requirement that preference in hiring be given to individuals who live within the enterprise zone. If it does so, the commission shall work with the local workforce development center to determine the labor availability in the area. 59.10(2) Commissions shall examine and evaluate building codes and zoning in enterprise zones and make recommendations to the appropriate govendng body in an effort to promote more afford- able housing development. IAC 10/7/98, 2/7/01 Economic Development[261 ] Ch 59, p. 15 261--59.11(15E) Department action on eligible applications. The department may approve, deny, or defer applications from qualified businesses. In reviewing applications for incentives and assistance under the Act, the department will consider the following: 59.11(1) Compliance with the require~nents of the Act and administrative rules. Each appliea- lion will be reviewed to determine if it meets the requirements of the Act and these rules. Specific criteria to be reviewed include, but are not limited to: medical and dental insurance coverage; wage levels; number of jobs to be created; and capital investment level. 59.11(2) Competition. The department shah consider the impact of the eligible business on other businesses in competition with it and compare the compensation package of businesses in competi- tion with the business being considered for incentives and assistance under this program, to ensure an overall economic gain to the state. 59.11(3) Displacement of workers. The department will make a good-faith effort to determine the probability that the proposed incentives will displace employees of existing businesses. In deter- mining the in~pact on businesses in competition with the business seeking incentives or assistance, jobs created as a result of nther jobs being displaced elsewhere in the state shall not be considered direct jobs created. 59.11(4) F~olations of law. The department will review each application to determine if the bust- hess has a record of violations of law. If the department finds that an eligible business, alternative eligible business, or an eligible housing business has a record ofviolalinns of the law including, but not limited to, environmental and worker safety statutes, rules, and regulations over a period of time that tends to show a consistent pattern, the business shall not qualify for incentives or assistance un- der 1998 Iowa Acts, House Files 2164 and 2538 or Iowa Code Supplement section 15E. 196, unless the department finds that the violations did not seriously affect public health or safety or the environ- ment, or if they did that there were mitigating circumstances. If requested by the department, the business shah provide copies of matedMs documenting the type of violation, any fees or penalties assessed, court filings, final disposition of any findings and any other information which would as- sist the department in assessing the nature of any violation. 59.11(5) Com;nission ~ recommendalions and additional criteria. For each application from a business, the department will review the local analysis (including any additional local criteria) and recommendation of the enterprise zone commission in the zone where the business is located, or plans to locate. 59.11(6) Other relevant information. The department may also review an application using fac- tors it reviews in other department-administered financial assistance programs which are intended to assess the quality of the jobs pledged. 261--59.12(15E) Agreement. The department and the city or county, as applicable, shah enter into agreement with the business. The term of the agreement shalI be ten years from the agreement effee- tire date plus any additional time necessary for the business to satisfy the job maintenance require- ment. This three-party agreement shall include, but is not limited to, provisions governing the hum- ber of jobs to be created, representations by the business that it will pay the wage and benefit levels pledged ~nd meet the other requirements of the Act as described in the approved application, report- mg requirements such as an annual certification by the business that it is in compliance with the Act, and the method for determining the amount of incentives or assistance paid which will be repaid in the event of failure to maintain the requirements of the Act and these rules. In addition, the agree- ment will specify that a business that fails to maintain the requirements of the Act and these rules shah not receive incentives or assistance for each year during which the business is not h~ corn- pliance. Ch 5 9, p. 16 Economic Development[ 2 6 1 ] IAC 2/7/0 1 261--59.13(15E) Compliance; repayment requirements; recovery of value of incentives. 59,13(I) ~4nnual c,'rtification. A business that is approved to receive incentives or assistance shah, for the length of its designation as an enterprise zone business, certify annually to the enunty or city, as applicable, and the department its compliance with the requirements of the Act and these rules. 59.13(2) Rt'payment. Ifa business has received incentives or assistance under 1998 Iowa Acts, House Files 2164 and 2538, or Iowa Code Supplement section 15E.196 and fails to meet and main- lain any one of the requirements of the Act or these rules to be an eligible business, the business is suhject to repayment of all or a portion of the incentives and assistance that it has received. 59.13(3) Calculation of repayment due. If a business fails in any year to meet any one of the requirements of the Act or these rules to be an eligible business, it is subject to repayment of all or a portion of the amount of incentives received. a. Failure to meet/maintain requirements. If a business fails in any year to meet or maintain any one of the requirements of the Act or these rules, except its ,job creation requirement which shah be calculated as outlined in paragraph "b" below, the business shall repay the value of the incentives received for each year during which it was not in compliance. b. Job creation shortfall. If a business does not meet its job creation requirement, repayment shah be calculated as follows: (1) Ifthebusinesshasmet50percentorlessoftherequirement,thebusinessshallpaythesame percentage in benefits as the business failed to create in jobs. (2) More than 50 percent, less than 75 percenl. 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. 59.13(4) DRF; county/city recovery. Once it has been established, through the business's annual certification, monitoring, audit or otherwise, that the business is required to repay all or a portion of the incentives received, the department 6frevenue and finance and the city or county, as appropriate, shah collect the amount owed. The city or county, as applicable, shall have the authority to take action to recover the value of taxes not collected as a result of the exemption provided by the corn- mnnity to the ~usiness. The department of revenue and fmance shah have the authority to recover the value of state taxes or incentives provided under 1998 Iowa Acts, House Files 2164 and 2538, or Iowa Code Supplement section 15E.196. The value of state incentives provided under 1998 Iowa Acts, House Files 2164 and 2538, or Iowa Code Supplement section 15E.196 includes applicable interest and penalties. These rules are intended to iraplement Iowa Code sections 15.333, 15.333A, and 15E.191 to 15E.196. IFiled emergency 6/20/97--publishod 7/16/97, effective 7/1/97] [Filed emergency 9/19/97 after Notice 7/16/97republished 10/8/97, effective 9/19/97] [Filed 6/22/98, Notice 5/6/98--published 7/15/98, effective 8/19/98] [Filed 9/17/98, Notice 8/12/98--publislied 10/7/98, effective 11/11/98] [Filed 3/19/99, Notice 2/10/99--pubhshed 4/7/99, effective 5/12/99] [Filed emergency 5/21/99--published 6/16/99, effective 5/21/991 [Filed 11/18/99, Notice 10/6/99--published 12/15/99, effective 1/19/00] [Filed 1 / 19/01, Notice 12/13/00--published 2/7/01, effective 3/14/01 ] Prepared by: Andrew Matthews, Asst. City Aaomey, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 01-123 RESOLUTION RATIFYING SETTLEMENT OF PENDING LITIGATION WHEREAS, Wendy Dalton filed a lawsuit against the City of Iowa City for injuries and damages she sustained on September 17, 1997 when she stepped off the sidewalk and into a depression on the parking area portion of a City street; and WHEREAS, all parties in this matter have settled their differences, and wish to resolve the pending litigation; and WHEREAS, it is appropriate to ratify said settlement, as provided by law, with payment to Wendy Dalton in the amount of $50,000 in full satisfaction of any and all claims she may have against the City in the above matter, and in consideration of Wendy Dalton's full release. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The above named litigation should be and is hereby settled, and said settlement previously discussed in executive session, is hereby ratified, for the total sam of $50,000, payable to Wendy Dalton and her attorney of record, in full satisfaction of any and all claims. 2. The City Council for the City of Iowa City hereby approves such settlement as being in the best interest of the City of Iowa City and the parties involved, ratifies said settlement as provided by law, and confirms that said settlement is hereby ratified, contingent upon Wendy Dalton's execution of an appropriate release. Passed d approved this 1st day of May ,2001. ATTEST:CiT~E~ tiCft. ~i;~4.j~ Approvedby: City Atto'4("~f'~n~cf'ezJ'O/ andy/memo/dalton/res.doc. Resolution No. 01-123 Page 2 It was moved by Pfab and seconded by Champion the Resolution be adopted, and upon roll call them were: AYES: NAYS: ABSENT: X Champion X Kanner ~( Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum