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HomeMy WebLinkAbout2001-09-25 Resolution RESOLUTION NO. 01-300 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wit: Mondo's - 212 S. Clinton Street It was moved by Champion and seconded by Vanderhoef that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion × Kanner X Lehman X O'Donnell X Pfab X Vanderhoef × Wilburn Passed and approved this 25th day of September , 20 01 · clerk\res\danceprm.doc September 25 ,2001 The City Council of Iowa City, Iowa, met in s0eci al session, in the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa, at 7: 00 o'clock P.M., on the above date. There were present Mayor Lehman , in the chair, and the following named Council Members: Champion, Kanner, O'Donnell. Vanderhoef, Wilburn Absent: Pfab -1- Council Member Champi on introduced the following Resolution entitled "RESOLUTION SETTING DATES OF A CONSULTATION AND A PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE CITY-UNIVERSITY PROJECT I (PROJECT NO. IA R-14) URBAN RENEWAL PLAN FOR THE CITY OF IOWA CITY, IOWA," and moved that the same be adopted. Council Member Vanderhoef seconded the motion to adopt. The roll was called and the vote was, AYES: Champion, Kanner, Lehman, O'Donnell, Vanderhoef, Wilburn NAYS: ABSENT: Pfab Whereupon, the Mayor declared the Resolution duly adopted as follows: RESOLUTION NO. 01-301 RESOLUTION SETTING DATES OF A CONSULTATION AND A PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE CITY-UNIVERSITY PROJECT I (PROJECT NO. IA R-14) URBAN RENEWAL PLAN FOR THE CITY OF IOWA CITY, IOWA WHEREAS, by Resolution 2157, adopted October 2, 1969 this Council found and determined that certain areas located within the City are eligible and should be designated as an urban renewal area under Iowa law, and approved and adopted the City- University Project I (Project No. IA R-14) Urban Renewal Plan (the "Plan") for its Urban Renewal Plan Area (the "City-University Project I (Project No. IA R-14) Urban Renewal Area") described therein, which Plan is on file in the office of the Recorder of Johnson County; and WHEREAS, the Amended City-University Project I (Project No. IA R-14) Urban Renewal Area includes and consists of the Original Urban Renewal Plan Area and the 2001 Additional Urban Renewal Plan Area as hereinafter described; and -2- WHEREAS, it is desirable that these areas be redeveloped as part of the overall redevelopment area covered by said Plan; WHEREAS, City staff has caused there to be prepared an amendment to the Plan in the form of an Amended Urban Renewal Plan, a copy of which has been placed on file for public inspection in the office of the City Clerk and which is incorporated herein by reference, the purpose of which is to set forth and include within the Plan: 2001 Additional Urban Renewal Area Beginning at the intersection of the centerline of Linn Street and the south right- of-way line of Court Street; thence in a northerly direction along said centerline to the intersection of said centerline and the centerline of Washington Street; thence in a westerly direction along the centerline of Washington Street to the intersection of said centerline and the westerly right-of-way line of Clinton Street extended; thence northerly along the westerly right-of-way line of Clinton Street to the intersection of said right-of-way line and the northerly right-of-way line of Iowa Avenue extended; thence easterly along the northerly right-of-way line of Iowa Avenue to the intersection of said right-of-way line and the easterly right-of- way line of Gilbert Street; thence southerly along the easterly right-of-way line of Gilbert Street to the intersection of said right-of-way line and the southerly right- of-way line of Prentiss Street extended; thence westerly along the southerly right- of-way line of Prentiss Street to the intersection of said right-of-way line and the easterly right-of-way line of Linn Street; thence northerly along the easterly right- of-way line of Linn Street to the intersection of the said right-of-way line and the waterway known as Ralston Creek; thence northeasterly along Ralston Creek to the intersection of Ralston Creek and the westerly right-of-way line of Maiden Lane; thence northerly along the westerly right-of-way line of Maiden Lane to the intersection of said right-of-way and the southerly right-of-way line of Court Street; thence westerly along said line to the point of beginning. WHEREAS, the Iowa statutes require the City Council to submit the proposed Amendment to the Plan to the Planning and Zoning Commission for review and recommendation as to its conformity with the General Plan for development of the City as a whole prior to City Council approval of such Amendment, and further provides that the Planning and Zoning Commission shall submit its written recommendations thereon to this Council within thirty (30) days of its receipt of such proposed Amendment; and WHEREAS, the Iowa statutes further require the City Council to notify all affected taxing entities of the consideration being given to the proposed Amended City- -3- University Project I (Project No. IA R-14) Urban Renewal Plan and to hold a consultation with such taxing entities with respect thereto, and further provides that the designated representative of each affected taxing entity may attend the consultation and make written recommendations for modifications to the proposed division of revenue included as a part thereof, to which the City shall submit written responses as provided in Section 403.5, as mended; and WHEREAS, the Iowa statutes further require the City Council to hold a public hearing on the proposed Amended City-University Project I (Project No. IA R-14) Urban Renewal Plan subsequent to notice thereof by publication in a newspaper having a general circulation within the City, which notice shall describe the time, date, place and purpose of the hearing, shall generally identify the urban renewal area covered by the urban renewal plan and shall outline the general scope of the urban renewal project under consideration, with a copy of said notice also being mailed to each affected taxing entity. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That the consultation on the proposed Amended City-University Project I (Project No. IA R-14) Urban Renewal Plan required by Section 403.5(2) of the Code of Iowa, as amended, shall be held on the 4th day of October , 2001, in the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa at 10:00 o'clock L.M., and David Schoon, Economic Development Coordinator, is hereby appointed to serve as the designated representative of the City for purposes of conducting said consultation, receiving any recommendations that may be made with respect thereto and responding to the same in accordance with Section 403.5(2). Section 2. That the City Clerk is authorized and directed to cause a notice of said consultation to be sent by regular mail or delivered to all affected taxing entities, as defined in Section 403.17(1A), along with a copy of the proposed Amended City- University Project I (Project No. IA R-14) Urban Renewal Plan, said notice to be in substantially the following form: -4- NOTICE OF A CONSULTATION TO BE HELD BETWEEN THE CITY OF IOWA CITY, IOWA AND ALL AFFECTED TAXING ENTITIES CONCERNING THE PROPOSED AMENDMENT OF THE CITY-UNIVERSITY PROJECT I (PROJECT NO. IA R-14) URBAN RENEWAL PLAN FOR THE CITY OF IOWA CITY, IOWA The City of Iowa City, Iowa will hold a consultation with all affected taxing entities, as defined in Section 403.17(1A) of the Code of Iowa, as mended, commencing at 10:00 o'clock A .M. on October 4 ,2001, in the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa concerning a proposed Amendment to the City- University Project I (Project No. IA R-14) Urban Renewal Plan, a copy of which is attached hereto. Each affected taxing entity may appoint a representative to attend the consultation. The consultation may include a discussion of the estimated growth in valuation of taxable property included in the Urban Renewal Area, the fiscal impact of the division of revenue on the affected taxing entities, the estimated impact on the provision of services by each of the affected taxing entities in the Urban Renewal Area, and the duration of any bond issuance included in said Plan. The designated representative of any affected taxing entity may make written recommendations for modifications to the proposed division of revenue no later than seven days following the date of the consultation. David Schoon, Economic Development Coordinator, as the designated representative of the City of Iowa City, shall submit a written response to the affected taxing entity, no later than seven days prior to the public hearing on the proposed Amendment to the City-University Project I (Project No. IA R-14) Urban Renewal Plan, addressing any recommendations made by that entity for modification to the proposed division of revenue. This notice is given by order of the City Council of the City of Iowa City, Iowa, as provided by Section 403.5 of the Code of Iowa, as amended. Dated this 261h day of September ,2001. City Clerk, Iowa City, Iowa (END OF NOTICE) -5- Section 3. That a public hearing shall be held on the proposed Amendment of the City-University Project I (Project No. IA R-14) Urban Renewal Plan before the City Council at its meeting which commences at 7:00 o'clockL_.M. on October 23 , 2001, in the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa. Section 4. That the City Clerk is authorized and directed to publish notice of this public hearing in the Press-Citizen, once on a date not less than four (4) nor more than twenty (20) days before the date of said public hearing, and to mail a copy of said notice by ordinary mail to each affected taxing entity, such notice in each case to be in substantially the following form: -6- NOTICE OF PUBLIC HEARING TO CONSIDER APPROVAL OF THE PROPOSED AMENDMENT OF THE CITY-UNIVERSITY PROJECT I (PROJECT NO. IA R-14) URBAN RENEWAL PLAN FOR THE CITY OF IOWA CITY, IOWA The City Council of the City of Iowa City, Iowa, will hold a public hearing before itself at its meeting which commences at 7:00 o'clock P.M. on October 23, 2001 in the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa to consider adoption of a proposed Amendment to the City-University Project I (Project No. IA R-14) Urban Renewal Plan (the "Plan") concerning an area in Iowa City, Iowa legally described as follows: Original Urban Renewal Area Beginning at the intersection of the centerline of Linn Street and the south fight-of- way line of Court Street; thence in a northerly direction along said centerline to the intersection of said centefiine and the centerline of Washington Street; thence in a westerly direction along the centerline of Washington Street to the intersection of said centefiine and the westerly right-of-way line of Clinton Street extended; thence northerly along said right-of-way line extended to the northerly right-of- way line of Washington Street; thence in a westerly direction to the northwest corner of Washington Street and Capitol Street; thence in a southerly direction along the west right-of-way of Capital Street to the northwest corner of College Street and Capitol Street; thence in a westerly direction along the north fight-of- way of College Street to the east line of the Cedar Rapids-Iowa City Railway right- of-way; thence in a southerly direction along the said Railway fight-of-way to the intersection of the north fight-of-way line of Burlington Street; thence in a westerly direction along the north right-of-way of Burlington Street to the Iowa River; thence in a southerly direction along the Iowa River to the south right-of- way line of Court Street as extended to the Iowa River; thence in an easterly direction along said line to the point of beginning. which land is included as part of the City-University Project I (Project No. 1A R-14) Urban Renewal Plan area (the "City-University Project I (Project No. IA R-14) Urban Renewal Area"). A copy of the Amended Urban Renewal Plan is on file for public inspection in the office of the City Clerk, Emma J. Harvat Hall, Civic Center, Iowa City, Iowa. The City of Iowa City, Iowa is the local public agency which, if such Amendment to the Plan is approved, shall undertake the urban renewal activities described in such Plan and Amendment. The general scope of the urban renewal activities under consideration in the Amended Plan is to assist qualified industries and businesses in the Urban Renewal Area through various public purpose and special financing activities outlined in the Plan. The general scope of the urban renewal activities under consideration in the Plan is to rehabilitate, conserve and redevelop land, buildings and other improvements within such area so as to improve the community through the establishment of effective land use controls, through use of an effective program of rehabilitation of existing buildings and elimination of those structures which cannot be economically rehabilitated, with a limited amount of acquisition, clearance, resale and improvement of land for various purposes specified in the Plan. To accomplish the objectives of the Plan, and to encourage the further development of the Urban Renewal Area, the Plan provides that such special financing activities may include, but not be limited to, the making of loans or grants of public funds to private entities under Chapter 15A of the Code of Iowa. The City also may install, construct and reconstruct streets, parking facilities, open space areas and other substantial public improvements, and may acquire and make land available for development or redevelopment by private enterprise as authorized by law. The Plan provides that the City may issue bonds or use available funds for such purposes and that tax increment reimbursement of such costs will be sought if and to the extent incurred by the City. The proposed Amendment to the Plan would set forth and include within the Plan the 2001 Additional Urban Renewal Area described as follows: 2001 Additional Urban Renewal Area Beginning at the intersection of the centerline of Linn Street and the south fight-of- way line of Court Street; thence in a northerly direction along said centerline to the intersection of said centerline and the centerline of Washington Street; thence in a weste~y direction along the centerline of Washington Street to the intersection of said centerline and the westerly fight-of-way line of Clinton Street extended; thence northe~y along the westerly right-of-way line of Clinton Street to the intersection of said right-of-way line and the northerly right-of-way line of Iowa Avenue extended; thence easterly along the northerly right-of-way line of Iowa Avenue to the intersection of said right-of-way line and the easterly fight-of-way line of Gilbert Street; thence southerly along the easterly right-of-way line of Gilbert Street to the intersection of said right-of-way line and the southerly right- of-way line of Prentiss Street extended; thence weste~y along the southerly right- of-way line of Prentiss Street to the intersection of said right-of-way line and the easterly right-of-way line of Linn Street; thence northerly along the easterly right- of-way line of Linn Street to the intersection of the said right-of-way line and the waterway known as Ralston Creek; thence northeasterly along Ralston Creek to the intersection of Ralston Creek and the westerly right-of-way line of Maiden Lane; thence northerly along the westerly right-of-way line of Maiden Lane to the intersection of said right-of-way and the southerly right-of-way line of Court Street; thence westerly along said line to the point of beginning. This Notice is given by order of the City Council of Iowa City, Iowa, as provided by Section 403.5 of the Code of Iowa, as amended. Any person or organization desiring to be heard shall be afforded an opportunity to be heard at such hearing. Dated this 10th day of October, 2001. Marian K. Karr, City Clerk Section 5. That the proposed Amendment to the City-University Project I (Project No. IA R-14) Urban Renewal Area, now before this Council, for the City-University Project I (Project No. IA R-14) Urban Renewal Area described herein is hereby officially declared to be the proposed Amendment to the Plan referred to in said notices for purposes of such consultation and hearing and that a copy of said Amendment to the Plan shall be placed on file in the office of the City Clerk. Section 6. That the proposed Amendment to the City-University Project I (Project No. IA R-14) Urban Renewal Plan be submitted to the Planning and Zoning Commission for review and recommendation as to its conformity with the General Plan for the development of the City as a whole, with such recommendation to be submitted in writing to this Council within 30 days of the date hereof. PASSED AND APPROVED this 25th day of Soptomho~ ,2001. ATTEST: -10- GIG-3 9/91 CERTIFICATE STATE OF IOWA ) )SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of Iowa City, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this 25th day of September ,2001. G~lerk, Iow'~'~'~'a CityyT~f! IoWa~'~'~4 ) SEAL DCORIqELLX293418\I\99500002 -11- Amended City-University Project l Urban Renewal Plan Project No. IA R-14 Iowa City, IA 2001 Table of Contents Section 1 - Introduction Section 2 - Urban Renewal Plan Objectives Section 3 - Description of Urban Renewal Area Section 4 - Proposed Urban Renewal Actions · Clearance and Development · Improvements to Historic and Non-Historic Structures. · Public Improvements and Facilities · Financial Incentives Section 5 - Conformance with Land Use Policy and Zoning Ordinance · Comprehensive Plan · Current Zoning · Initiation and Duration of Land-use Provision and Requirements · Applicability of Land-Use Objectives, Provisions and Requirements to Real Properly not to be Acquired. · Current and Proposed Land Uses Section 6 - Project Proposal · Land Acquisition · Rehabilitation and Conservation · Redeveloper's Requirements · Underground Utilities Section 7 - Relocation of Families · Benefits · Eligibility Section 8 - Current Debt and Proposed Indebtedness · List of Current General Obligation Debt · Current Constitutional Debt Limit of the City of Iowa City · Proposed Amount of Indebtedness Section 9 - Other Provisions Necessary to Meet State & Local Requirements Section 10 - Procedures for Changes in Approved Plan Addendum No. 1 - Legal Description Addendure No. 2 - City-University Project I Urban Renewal Project Area Map Addendum No. 3 -Land Acquisition Plan Map Addendum No. 4 -Land Disposition Plan Map \\citynt\dschoon$\files\downtown\cdbd\urban renewal plan\city university project i urban renewal plan.doc 2 Section 1 - Introduction The City-University Project I Urban Renewal Plan ("Urban Renewal Plan") was originally adopted in 1969 because at that time the continued stability and vitality of the heart of Iowa City as the center for business, governmental, institutional and cultural activities was endangered by blight, deterioration and obsolescence. The City of Iowa City carries on the original intent of the Urban Renewal Plan, by working on a second phase of renewal to ensure the stability and vitality of Iowa City's heart through actions to prevent blight, deterioration and obsolescence and by taking action to foster economic development in the community's central area. Though many objectives of the Plan as originally adopted have been met, many of the original objectives are still relevant today. The Urban Renewal Plan as now being amended in 2001 provides the necessary framework and tools to guide the second phase of downtown renewal, which now includes all of the central business district area as well as all of the area identified as the central business support area. To achieve the primary objectives of this Plan, the City of Iowa City shall undertake the urban renewal actions as specified in this Urban Renewal Plan, pursuant to the powers granted to it under Chapter 403 of the 2001 Code of Iowa, as amended. Section 2 - Urban Renewal Plan Objectives The following objectives have been established for the redevelopment and rehabilitation of the City-University Project: a. To eliminate substandard buildings blighting influences, and environmental deficiencies in this important section of the City of Iowa City, and to establish conditions which will prevent the recurrence of blight and blighting conditions. b. To strengthen central Iowa City as the core area for commerce, culture, education, entertainment, government, and recreation. c. To strengthen the economic well-being of the downtown area and the City by increasing commercial activity, taxable values, and job opportunities. d. To establish a pattern of land use activities arranged in compact, compatible groupings so as to enhance their efficiency of operation and economic inter-relationships. e. To provide for the orderly physical and economic growth of the central area through controlled redevelopment and rehabilitation. f. To provide safe, efficient and attractive public and private vehicular access to central Iowa City. g. To provide a safe, efficient and attractive circulation system which minimizes conflicts between different forms of traffic such as pedestrians, bicycles, automobiles, transit and service vehicles. \\citynt\dschoon$\~les\downtown\cdbd\urban renewal plan\city university project i urban renewal plan.doc 3 h. To encourage coordinated development of parcels and structures in order to achieve efficient building design, multi-purpose use of sites, unified off-street parking and delivery areas, and internal pedestrian linkages. i. To provide for off-street parking facilities in locations easily accessible from major thoroughfares and central area destinations alike. j. To improve the appearance of buildings, right-of-way and open spaces, and to encourage high standards of design. k. To provide for open spaces and pedestrian ways, which reinforce the pedestrian orientation of downtown Iowa City. I. To provide for residential development within the project area, in order to enhance housing opportunities, in downtown Iowa City. m. To provide an environment which improves the attractiveness of public transit in Iowa City, and which reinforces the viability of the public transit systems. n. To encourage the restoration and rehabilitation of structures within downtown Iowa City which are of architectural and/or historic significance. o. To preserve and protect buildings that for reasons of age, history, architecture or significance am listed or are eligible for listing on the National Register of Historic Places. Section 3 - Description of Urban Renewal Area The legal description of this proposed Urban Renewal Project Area is included in the Plan as Addendure No. 1 - Legal Description. The location and general boundaries of the City-University Project I Urban Renewal Plan Area are shown on Addendum No. 2 - Location Map: City-University Project I Urban Renewal Project Area. Section 4 - Proposed Urban Renewal Actions Proposed renewal action will consist of a combination of clearance and redevelopment, rehabilitation of historic structures, provision of public facilities and improvements, and financial incentives for qualifying businesses. Clearance and Development Property identified on the Land Acquisition Plan Map, Addendum 3, attached hereto and made part hereof, may be acquired by the City, cleared of all improvements and either (1) sold or leased for private redevelopment, or (2) sold, leased or dedicated for construction of public improvements or facilities. Properties are identified for acquisition, clearance and redevelopment for one of the following reasons: \\citynt\dschoon$\files\downtown\cdbd\urban renewal plan\city university project i urban renewal plan.doc 4 (1) To remove buildings which are structurally substandard. (2) To remove buildings, other than buildings which are structurally substandard, in order to effectively remove blighting influences which are exerted on the area. Such blighting influences include, but are not limited to the following: (a) Inadequate street layout (b) Incompatible uses or land-use relationships. (c) Overcrowding of buildings on the land. (d) Excessive dwelling unit density. (e) Obsolete buildings not suitable for improvement or conversion. (3) To provide sites for needed public improvements or facilities. Such sites and facilities shall be do located as to meet projected needs, and shall be designed to enhance the downtown area as a whole. (4) To clear basically sound and deficient buildings to the extent necessary to assemble land into parcels of adequate size and shape to meet contemporary development needs and standards to allow new construction to meet the objectives of this Urban Renewal Plan. Acquisition of such buildings will take place only when the objective of this Urban Renewal Plan cannot be met through rehabilitation. Improvements to Historic and Non-Historic Structures Historic Structures. Plans and specifications for proposed exterior renovations to historic or architecturally significant structures must be submitted to the Iowa City Historic Preservation Commission for review and approval prior to issuance of a building permit in order for the improvements to qualify for tax increment financing. New construction that requires the demolition of structures identified in this Urban Renewal Plan as historic and/or architecturally significant is not eligible for either tax increment financing or the exclusion from property taxation during construction. All rehabilitation to historic or architecturally significant structures shall be done in such a manner as to preserve or restore any historic structure to productive use in order to be eligible. The guidelines for determining if rehabilitation does preserve or restore the structure shall be those set forth in the 1990 revised edition of the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. All additions to historically or architecturally significant structures shall be developed in such a manner as to be architecturally compatible with existing development. Non-Historic Structures. In order for an eligible project to qualify for tax increment financing, the exterior design for all rehabilitation, additions, and new construction of non-historic structures that require a building permit or sign permit must be submitted to the Iowa City Design Review Committee for review and approval. \\citynt\dschoon$\files\downtown\cdbd\urban renewal plan\city university project i urban renewal plan.doc 5 Public Improvements and Facilities The entire Urban Renewal Plan area will be adequately served by public improvements and facilities including: (1) Installation of new street improvements, utilities, parking facilities, sidewalks, landscaping and other physical features necessary to serve and improve the Project Area. (2) Provisions for achieving high standards of design construction and improvements consistent with the design and development objectives of this Urban Renewal Plan. Financial Incentives Tax Increment Financinq. At the City Council's discretion, and as permitted by Iowa Code, Chapter 403.19, tax increment financing may be available for providing direct grants, forgivable loans, or property tax rebates for qualifying businesses in the Urban Renewal Area. The funds from the direct grants, forgivable loans, or property tax rebates may be used for, but are not limited to, financing the private site improvements such as site improvements, new building construction, building expansions, building rehabilitations, facade improvements, or interior buildouts. Qualifying projects shall be determined by the City Council. The Council's determination shall consider the financial assistance guidelines outlined in Addendum A of the "Economic Development Policies, Strategies, and Actions for the City of Iowa City". Exclusion from Property Taxation Durinq Construction Process. At the City Council's discretion, and as permitted by Iowa Code, Chapter 403.6, Subsection 18, qualifying projects may be eligible for the exclusion from taxation of value added to real estate during the process of construction for development or redevelopment. The value added during the construction shall not be eligible for exclusion from taxation for more than two years and the exclusion shall not be applied to a facility which has been more than eighty percent completed as of the most recent date of assessment. This subsection permits the elimination only of those taxes which are levied against assessments made during the construction of the development or redevelopment. Qualifying projects shall be determined by the City Council. The Council's determination shall consider the financial assistance guidelines outlined in Addendum A of the "Economic Development Policies, Strategies, and Actions for the City of Iowa City". Section 5 - Conformance with Land Use Policy and Zoning Ordinance Comprehensive Plan The Urban Renewal Project Area is part of the area identified in the 1997 Iowa City Comprehensive Plan as part of the downtown planning district. The Comprehensive Plan identifies five economic well-being goals. To achieve one of the community's goals, the Comprehensive Plan lists as a strategy to continue and enhance downtown revitalization. This strategy has been more specifically carried out through the actions outlined in the Downtown Strategy and Proposed Action Plan, 1997, and through the Near Southside Neighborhood Redevelopment Plan, January 1992. u:\~les\downtown\cdbd\urban renewal plan\city university project i urban renewal plan.doc 6 Current Zoning Three development areas comprise the Plan Area (identified on the Land-Use Plan Map, Addendum 2). The current zoning within each of these areas js as follows: Area 1:Central Business District Core. Area 1 contains two zoning classifications: Central Business (CB-10) Zone & Public (P) Zone. The Central Business Zone is intended to be the high density, compact, pedestrian-oriented shopping, office, service and entertainment area in Iowa City. Because of the proximity to the University of Iowa, residential development above the ground floor in this district is allowed as a provisional use. Development and redevelopment of this Zone should occur in compact groupings, in order to intensify the density of usable commercial spaces, while increasing the availability of open spaces, plazas or pedestrianways. The Zone is intended to accommodate a wide range of retail, service, office, and residential uses. Auto-oriented uses are not permitted except as otherwise provided. Consolidated off-street loading and service facilities should be provided wherever practical with access provided from public service alleys or courts. It is intended that off-street parking facilities be publicly provided and off-street accessory parking be allowed only as a special exception. For specific information on allowed uses and other zoning requirements in the Central Business Zone see the Iowa City Zoning Ordinance. The Public Zone is intended to provide reference to pubtic uses of land on the Zoning Map. Land owned or otherwise controlled by the Federal government, the State, the County, the City and the Iowa City Community School District will be designated a Public Zone. This designation serves a notice function to those owning or buying land in proximity to the publicly owned land, which is not ordinarily subject to the regulations of the Zoning Ordinance. For specific information on allowed uses and other zoning requirements in the Public Zone see the Iowa City Zoning Ordinance. Area 2: Central Business Support Area. Area 2 contains two zoning classifications. This area is predominately zoned Central Business (CB-5) Support Zone, while a smaller portion is zoned High Density Multi-Family Residential (RM-44) Zone. The Central Business Support Zone is intended to allow for the orderly expansion of the Central Business District of Iowa City, to serve as a transition between the intense land uses located in the Central Business District and adjoining areas and to enhance the pedestrian orientation of the central area of the City. This Zone is intended to accommodate mixed land uses and requires a lesser intensity of use than that permitted in the CB-10 Zone. The mixture of land uses permitted in this Zone requires special consideration of building and site design. To control traffic and provide for the most efficient use of land and parking facilities, special consideration of the amount and location of parking areas is also required. To encourage developments which contain features providing a public benefit, a bonus in floor area ratio or dwelling unit density may be granted. For specific information on allowed uses and other zoning requirements in the Central Business Zone see the Iowa City Zoning Ordinance. The High Density Multi-Family Residential Zone is intended to establish areas for the development of high density multi-family dwellings and group living quarters. This Zone shall be located near an arterial street for proper access. Due to the different types of uses \\citynt\dschoon$\~les\downtown\cdbd\urban renewal plan\city university project i urban renewal plan.doc 7 permitted in the Zone, careful attention to site design and development is expected to assure that all uses are mutually compatible. For specific information on allowed uses and other zoning requirements in the High Density Multi-Family Residential Zone see the Iowa City Zoning Ordinance. Area 3: University Area. Area 3 contains two zoning classifications. This area is predominately zoned Public (P) Zone, while a very small portion is zoned Central Business Service (CB-2) Zone. Regarding the Public Zone description, please see the description under Area 1. The Central Business Service Zone is intended to allow for the orderly expansion of the Central Business District and to act as a transition between the intense land uses located in the Central Business District and adjoining areas. For specific information on allowed uses and other zoning requirements in the Central Business Service Zone see the Iowa City Zoning Ordinance. Additional Controls and Obiectives. Three development areas comprise the Plan Area (identified on the Land-Use Plan Map, Addendum 2). Additional controls and objectives for each development area include: Area 1: Central Business District Core The development of this area should: · Enlarge and strengthen the function of the Central Business District Core as a shopping, business, and entertainment center. · Provide for redevelopment in compact groupings, in order to intensify the density of usable commercial spaces, while increasing the availability of open spaces, pedestrian ways, and plazas. · Improve the attractiveness and convenience of the shopping environment. · Provide a public plaza in the heart of the Central Business District Core, which serves as an identifiable civic symbol and focal point and functions as a center for pedestrian movement. · Provide for the expansion and new development of retail, office, and service activities which will be complimentary to existing activities in use, scale and quality of materials and surfaces. · Provide for at least one department store to serve as primary retail generator. · Provide for publicly owned off-street parking facilities. · Provide for specialty retail and service uses orientated to the pedestrian -ways to accommodate the needs of students, faculty, employees, shoppers, and visitors. · Prohibit any new off-street parking unless granted by special exception, and in that event, for accessory parking only. Acitynt\dschoon$\~les\downtown\cdbd\urban renewal plan\city university project i urban renewal plan.doc 8 · Provide for a floor area ratio of up to ten times the development area. · Provide for consolidated off-street loading and service facilities wherever practicable; access to be provided from screened public service alleys or courts. · Allow for one or two hotel-conference centers designed to meet the demands for transient housing in downtown Iowa City, and to be readily accessible to commercial and office activity, the University of Iowa campus, and the medical complex. · Provide for the development of an expanded public library along College Street between Linn and Dubuque Streets. · Provide for a 800+ seat live performance space. · Provide the necessary mechanisms to preserve and protect buildings that for reasons of age, history, architecture, or significance are listed or are eligible for listing on the National Register of Historic Places. · Provide for public art, including such items as murals, sculptures, and other works of art. · Improve access to businesses and the area for persons with disabilities. · Provide supportive business development facilities that create an environment for existing and new businesses to succeed. Area 2: Central Business Support Area The development of this area should: · Provide for the orderly expansion of the central business district by permitting such activities as retail, office, and multi-family residential uses · Provide space for structured parking to meet the long-term parking needs for employers, employees, residents, and customers; such parking to be in proper relationship to Burlington Street and the established traffic pattern, so as to divert traffic from residential streets. · Provide for consolidation of off-street loading and service facilities wherever practicable; access to be provided from screened public or private alleys. · Allow for one hotel-conference center designed to meet the demands for transient housing in downtown Iowa City, and to be readily accessible to commercial and office activity, the University of Iowa campus, and the medical complex. · Provide for a floor area ratio of up to five times the development area. · Provide the necessary mechanisms to preserve and protect buildings that for reasons of age, history, architecture, or significance are listed or are eligible for listing on the National Register of Historic Places. \\citynt\dschoon$\files\downtown\cdbd\urban renewal plan\city university project i urban renewal plan,doc g · Provide for public art, including such items as murals, sculptures, and other works of art. · Improve access to businesses and the area for persons with disabilities. · Provide supportive business development facilities that create an environment for existing and new businesses to succeed. Area 3: University Area The development of this area should: · Provides sites for the orderly establishment and expansion of The University of Iowa, including but not limited to classrooms, research facilities, faculty offices, academic support facilities such as libraries, museums, student and administrative offices, and auxiliary facilities such as off-street parking, physical plant, and services facilities. Initiation and Duration of Land-Use Provision and Requirements The above-stated land-use objectives, provisions and requirements shall be in full force and effect for a period 25 years from the date of original City Council approval of the Urban Renewal Plan and shall automatically extend for five year periods thereafter, unless changed by the City Council. Applicability of Land-Use Objectives, Provisions and Requirements to Real Property not to be Acquired Every effort will be made by the City of Iowa City to apply the above land-use objectives, provisions, and requirements to real property not to be acquired. These objectives, provisions, and requirements shall be applicable to property in the urban renewal area that is not designated for acquisition but is acquired in conjunction with a designated acquisition parcel. Current and Proposed Land Uses The entire area is developed and is used for the following types of uses: commercial (including office and retail), residential, off-street private and public parking, not-for-profit, governmental, and religious uses. The proposed land uses shall be consistent with the zoning of the Urban Renewal Area. u:\~les\downtown\cdbd\urban renewal plan\city university project i urban renewal plan.doc 10 Section 6 - Project Proposal Land Acquisition Property Proposed to be AcQuired. The real property to be acquired in the City-University Project area is identified on Land Acquisition Plan Map, Addendum 3. Properties are identified for acquisition for the following purposes: (1) To remove buildings which are structurally substandard. (2) To remove buiJdings, other than buildings which are structurally substandard, in order to effectively remove blighting influences which are exerted on the area. Such blighting influences include, but are not limited to, the following: (a) Inadequate street layout (b) Incompatible uses or land-use relationships. (c) Overcrowding of buildings on the ~and. (d) Excessive dwelling unit density. (e) Obsolete buildings not suitable for improvement or conversion. (3) To provide sites for needed public improvements or facilities in proper relationship to the project demand for such facilities and in accordance with accepted design criteria for such facilities. (4) To clear basically sound and deficient buildings to the extent necessary tO assemble land into parcels of adequate sjze and shape to meet contemporary development needs and standards and to allow new construction to meet the objectives of this Urban Renewal Plan. Acquisition of such basically sound buildings will take place only when the objectives of this Urban Renewal Plan cannot be met thought rehabilitation. (5) To purchase vacant land in order to assemble ~and into parcels of adequate size and shape to meet contemporary development needs and standards and to allow new construction to meet the objectives of this Urban Renewal Plan. Conditions Under Which Property not DesiQnated for AcQuisition may be AcQuired. Property not designated for acquisition may be acquired by the City of Iowa City if such property is not made to conform to the Urban Renewa~ Plan and local codes and ordinances, or if the acquisition of such property is necessary for one or more of the purposes set forth in the "Land Acquisition" section of this Urban Renewal Plan. Conditions Under Which Property Identified to be AcQuired may be Exempted from AcQuisition. Properties presently designated for acquisition in the Urban Renewal Plan and which are not otherwise necessary to accomplish the objectives of this Urban Renewal Plan may be exempted from acquisition by the City of Iowa City if the owner or owners enter into suitable agreements with the City demonstrating conclusively that the proposed redevelopment of such u:\~les~downtown\cdbd\urban renewal plan\city university project i urban renewal plan.doc 11 a property, or the rehabilitation of the building situated thereon, conforms in all respects with the design objectives and land-use provisions of this Urban Renewal Plan. Properties presently designated for acquisition in the Urban Renewal Plan may be deleted at any time, without entering into any agreement with the owner(s), if such deletion is determined by the City Council to be in the best interest of the Project. Rehabilitation and Conservation The Urban Renewal Plan has set forth specific planning proposals which will improve the environment in the Project Area and encourage the physical rehabilitation of buildings designated to remain. A continuous and vigilant enforcement of existing laws, codes, ordinances, and regulations of the City of Iowa City and the State of Iowa will be in effect and in force within the City-University Project Area (Iowa R-14). Redeveloper's Requirements The Redeveloper will be required by contractual agreement to observe the land-use and building requirements and general design objectives of this Urban Renewal Plan. The contract and other disposition documents will set forth in detail the provision, standards, and criteria for achieving the objectives and requirements outlined in the Urban Renewal Plan. The City of Iowa City will select redevelopers on the basis of their proposals, their ability to carry out such proposals, and the conformance of the proposals to the Urban Renewal Ran. This may be through fixed price offerings, minimum price offering, or by other means which, in the determination of the City of Iowa City, will best assure the attainment of the development and design objectives of this Urban Renewal Plan, in accordance with State law. Disposition documents will provide for achieving the unified development and maintenance of common areas, service access, walks, utilities, and driveways. In addition the following provisions will be included in each Agreement: a. That the Redeveloper will submit to the City of Iowa City a plan and schedule for the proposed development. b. That the purchase of the land is for the purpose of redevelopment and not for speculation. c. That the land will be built upon and improved in conformity with the objectives and the provision of the Urban Renewal Plan. d. That the construction of improvements will be commenced and completed within a reasonable time. e. That the Redeveloper and successor or assign agree that there will be no discrimination against any person or group of persons on account of age, color, creed, disability, gender identity, marital status, national origin, race, religion, sex or sexual orientation, in the sale, u:\files\downtown\cdbd\urban renewal plan\city university project i urban renewal plan.doc 12 lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises therein conveyed, nor will the Redeveloper, or anyone claiming under or through the Redeveloper, establish or permit such practice or practices of discrimination or segregation with reference to the selection, leases, sublease, or vendees premises therain conveyed. Underground Utilities Existing and proposed utility distribution lines shall be placed underground wherever feasible. Section 7 - Relocation of Families The City has considered provisions for the relocation of persons, including families, and others who could be displaced as a result of improvements to be made in this Urban Renewal Area. Upon such consideration, the following shall be provided under this Urban Renewal Plan: Benefits Qualified tenants in this Urban Renewal Area shall be compensated by the property owner for one month's rent and for actual reasonable moving and related expenses, where said displacement was due to action on the part of the property owner due to actions take under this Urban Renewal Plan. A qualified tenant of a dwelling is entitled to actual reasonable expenses for: a. Transportation of the displaced person and pemonal property from the displacement site to the replacement site. Transportation costs for a distance beyond twenty-five miles are not eligible. b. Packing, crating, unpacking and uncrating of personal property. c. Disconnecting, dismantling, removing, reassembling and reinstailing relocated household appliances and other personal property. d. Discontinuing, transferring or reconnecting utility services, including cable television. The amount of compensation for an eligible expense shall not exceed the least costly method of accomplishing the objective of the compensation without causing undue hardship to the displaced tenant and/or landlord. Eligibility "Qualified tenant" means the legal displaced occupant of a residential dwelling unit which is located within this Urban Renewal Area where the person or family has occupied the same dwelling unit continuously for twelve (12) months prior to the City's adoption of this Urban Renewal Plan. There are no relocation provisions made for displacement from commercial units. u:\~les\downtown\cdbd\urban renewal plan\city university project i urban renewal plan.doc 13 Section 8 - Current Debt and Proposed Indebtedness List of Current General Obligation Debt General Obliqation Debt by Issue 6-30-01 Issue Oriqinal Final Principal Date Amount Interest Rates Maturity Outstandinq Notes 1991 $2,340,000 5.4%-5.6% 6/02 $225,000 (1) 1992 4,870,000 4.45%-5.50% 6/02 490,000 (2) 1992 3,450,000 4.75%-5.20% 6/07 1,680,000 (3) 1994 7,370,000 4.6%-4.7% 6/04 2,175,000 (4) 1995 8,500,000 4.8%-5.125% 6/07 4,240,000 (5) 1996 6,100,000 3.6%-5.5% 6/15 5,000,000 (6) 1997 5,200,000 4.5%-4.7% 6/07 3, 100,000 1997 5,540,000 4.875%-5.0% 6/17 4,700,000 (7) 1998 8,500,000 4.35%-4.75% 6/13 6,775,000 1999 9,000,000 4.125-4.75% 6/16 8,075,000 2000 14,310,000 4.375-5.50% 6/18 13,605,000 2001 11,500,000 4.00-4.90% 6/16 11,500,000 Total $61.565.000 (1) 9.40% abated by sewer revenues. (2) 8.68% abated by special assessment revenue. 10.73% abated by water revenue. 2.94% abated by airport revenue. (3) 100% abated by parking revenue. (4) 32.1% abated by sewer revenues and 20.5% abated by water revenues. (5) 23.88% abated by sewer revenues and 57.88% abated by water revenues. (6) 72.89% abated by water revenues. (7) 100% abated by water revenues. Current Constitutional Debt Limit of the City of Iowa City The Constitution of the State of Iowa, Adicle XI, Section 3, provides as follows: "Indebtedness of political or municipal corporations. No county, or other political or municipal corporation shall be allowed to become indebted in any manner, or for any purpose, to an amount, in the aggregate, exceeding five per centurn on the value of taxable property within such county or corporation-to be ascertained by the last State and County tax lists, previous to the incurring of such indebtedness." \\citynt\dschoon$\files\downtown\cdbd\urban renewal plan\city university project i urban renewal plan.doc 14 Debt Limit Computation As July 1, 2001 Total Assessed Actual Valuation $2,852,283,890 Legal Debt Limit of 5% of 2001 Assessed Actual Value $142,614,195 Debt Chargeable Against Limit $61,565,000 Legal Debt Limit Available $81,049, 195 Proposed Amount of Indebtedness: Through the actions of this urban renewal plan, the City of Iowa City proposes to potentially incur indebtedness for public infrastructure improvements, private site improvements, and financial incentives to qualifying businesses. Given the uncertainty of the needs of future development projects within the Urban Renewal Area, the proposed amount of indebtedness is difficult to determine at this time. The proposed amount of indebtedness to be incurred, including loans, advances, indebtedness, or bonds which qualify could equal as much as $20 million over the life of the Urban Renewal Plan. \\citynt\dschoon$\~les\downtown\cdbd\urban renewal plan\city university project i urban renewal plan .doc 15 Section 9 Other Provisions Necessary to Meet State and Local Requirements Chapter 403 of the 2001 Code of Iowa, as amended, authorizes cities to exercise urban renewal powers and certain other powers for the development of economic development areas. Certain provisions must be fulfi}led to exercise these powers. These provisions and the method(s) by which the City of Iowa City proposes to fulfill these provisions (shown with an *) are detailed below. Provision: A Resolution of necessity finding that a slum, blighted, and/or an economic development area exists in the community and that designation of this area as a proposed Urban Renewal Project Area is appropriate. * A Resolution of Necessity was adopted by the City Council on , 2001. This Resolution of Necessity declares the area encompassed by this Urban Renewal Plan is appropriate for development in conformance with the City's zoning and comprehensive plan; however, due to certain circumstances, appropriate economic development of office, research, production and/or assembly park uses has not occurred on the vacant and under-utilized property which exists in the proposed Urban Renewal Project Area. Provision: A Resolution of Necessity which determines that the proposed Urban Renewal Project Area is in need of economic development because certain conditions exist which effectively hinder development. * A Resolution of Necessity designating the area as meeting the criteria detailed by Chapter 403, Code of Iowa (2001), was adopted by the City Council on ,2001 Provision: A general plan for the development of the municipality has been adopted. * The City of Iowa City adopted the Iowa City Coml~rehensive Plan - 1997 on December 2001 Provision: The Planning and Zoning Commission has made and forwarded its recommendation(s) to the City Council as to the conformity of this Urban Renewal Plan with the Iowa City Coml~rehensive Plan - 1997 * The Planning and Zoning Commission recommendation was forwarded to the City Council on ,2001 Provision A designated representative of the municipality shall hold a consultation with designated representatives of the affected taxing districts after notice is given by regular mail and prior to the public hearing on the plan. * The consultation with representatives from the affected taxing districts was held on , 2001. The notice was mailed by regular mail on ,2001. \\citynt\dschoon$\~les\downtown\cdbd\urban renewal plan\city university project i urban renewal plan.doc 16 Provision Representatives of the affected taxing districts may make written recommendations for modification to the proposed division of revenue no later than seven days following the date of the consultation. The representative of the municipality shall, no later than seven days prior to the public hearing on the urban renewal plan, submit a written response to the affected taxing entity addressing the affected taxing districts' recommendations to the proposed division of revenue. * Comments were (were not) received from the affected taxing districts by , 2001, which was seven days following the date of the consultation. * On ,2001, at least seven days prior to the public hearing on the urban renewal plan, the representative of the municipality did (did not) submit a written response on to the affected taxing entity addressing the affected taxing districts' recommendations to the proposed division of revenue. Provision: A public hearing on the on the Urban Renewal Plan is held after official publication of the public notice. * The public hearing on the Urban Renewal Plan document pursuant to state law was held on , 2001. The public notice was published ,2001, in the Press Citizen, a newspaper having a general circulation in Iowa City. Provision: Approval of the Urban Renewal Plan by the local public agency after finding that: (a) A feasible method exists for relocating families. (b) The Urban Renewal Plan conforms to the general plan known as the Iowa City Comprehensive Plan - 1997. * The plan includes a feasible method for relocating families. On ,2001, the City Council of the City of Iowa City by resolution has found this Urban Renewal Plan to be in conformance with the Iowa City Comprehensive Plan - 1997, the adopted general plan for the municipality. Section 10 - Procedures for Changes in Approved Plan If the City of Iowa City desires to amend this Urban Renewal Plan, it may do so after providing public notice, holding a public hearing on the proposed change, and undertaking other required actions in conformance with applicable state and local laws. \\citynt\dschoon$\files\downtown\cdbd\urban renewal plan\city university project i urban renewal plan.doc 17 Addendum No. 1 Legal Description of the Proposed Urban Renewal Project Area Consisting of a tract of land described as follows: Beginning at the intersection of the centerline of Linn Street and the south right-of-way line of Court Street; thence in a northerly direction along said centerline to the intersection of said centerline and the centerline of Washington Street; thence in a westerly direction along the centerline of Washington Street to the intersection of said centerline and the westerly right-of- way line of Clinton Street extended; thence northerly along said right-of-way line extended to the northerly right-of-way line of Washington Street; thence in a westerly direction to the northwest corner of Washington Street and Capitol Street; thence in a southerly direction along the west right-of-way of Capital Street to the northwest corner of College Street and Capitol Street; thence in a westerly direction along the north right-of-way of College Street to the east line of the Cedar Rapids-Iowa City Railway right-of-way; thence in a southerly direction along the said Railway right-of-way to the intersection of the north right-of-way line of Burlington Street; thence in a westerly direction along the north right-of-way of Burlington Street to the Iowa River; thence in a southerly direction along the Iowa River to the south right-of-way line of Court Street as extended to the Iowa River; thence in an eastedy direction along said line to the point of beginning; AND Beginning at the intersection of the centerline of Linn Street and the south right-of-way line of Court Street; thence in a northerly direction along said centerline to the intersection of said centerline and the centerline of Washington Street; thence in a westerly direction along the centerline of Washington Street to the intersection of said centerline and the westerly right-of- way line of Clinton Street extended; thence northerly along the westerly right-of-way line of Clinton Street to the intersection of said right-of-way line and the northerly right-of-way line of Iowa Avenue extended; thence easterly along the northerly right-of-way line of Iowa Avenue to the intersection of said right-of-way line and the easterly right-of-way line of Gilbert Street; thence southerly along the easterly right-of-way line of Gilbert Street to the intersection of said right-of-way line and the southerly right-of-way line of Prentiss Street extended; thence westerly along the southerly right-of-way line of Prentiss Street to the intersection of said right-of-way line and the easterly right-of-way line of Linn Street; thence northerly along the easterly right-of- way line of Linn Street to the intersection of the said right-of-way line and the waterway known as Ralston Creek; thence northeasterly along Ralston Creek to the intersection of Ralston Creek and the westerly right-of-way line of Maiden Lane; thence northerly along the westerly right-of-way line of Maiden Lane to the intersection of said right-of-way and the southerly right- of-way line of Court Street; thence westerly along said line to the point of beginning, \\citynt\dschoon$\~les\downtown\cdbd\urban renewal plan\city university project i urban renewal plan.doc 18 Addendum No. 2 City-University Project Urban Renewal Project Area Map COUNTY POST COURTHOUSE OFFICE PRENTI / , . ', 2 I CI '0 ::~1 Urban renewal area boundal7 ~ Area ~, Central Business Distric~ core ~ Area 2, Central Business suppo~ area lllllllllIHIIIuArea 3, Unive~ity area Addendum No. 3 Land Acquisition Plan Hap ca JEFFERSON " UNIVERSITY OF IOWA :tD~' IOWA LJ ° 80 ', :" WASHINGTON Z ~ Z a COLLEGE ST ~;a ~ BURLINGTON ,., ~ 94 ~ 93 lOP 102~103 © 164 ': ~ COURT ST 0 .... COURTHOUSE OFFICE , ~ Z ~ Z D :' ""' O O O ' ~ ~ ~  . ~ COUN~ F F D Z t ,.~ < < 3 D E ...: ,,;.~ Urban renewal area bounda~ I Acquisition parcels Addendum No. 4 Land Disposition Plan Hap ::, u JEFFERSON , UNIVERSITY OF iOWA 15~/A ' ° 80 " i WASHINGTON S' ~z~ ~ BURLINGTON ~ ~'4 ~ 93 lOP ~ 103 © 1~4 ':: F COURT ST HARRISON ST a~ Z a Z D O O O ~ Z  ' ~ ~ COUN2 ~ F D z 20 "' PRENTfSS ST : ~ ... Urban renewal area bounda~ [//////M Disposition parcels City of Iowa City MEMORANDUM Date: September 20, 2001 From: I ning and Community David Schoon, Economic Development Coordina~~ Re: Amended City-University Project I Urban Renewal Plan In March of this year when the City Council authorized the solicitation of offers to purchase Urban Renewal Parcel 64-1a for a private redevelopment project, the request for proposals stated that the City would consider "financial incentives in return for an exceptional private project." Included in that list of financial incentives was property tax exemption and tax increment financing. Out of the four development proposals responding to the request for proposals, three of the development proposals indicated a desire to receive some sort of property tax exemption or tax increment financing. Staff's recommendation for the preferred developer has requested the use of tax increment financing for the project. As presently written, the City-University Project I Urban Renewal Plan does not provide for the use of tax increment financing. The Plan must be amended in order for the City to use tax increment financing for projects within the urban renewal area. On the Council's September 25 agenda is an item that stads the amendment process, which is a resolution determining the necessity and setting dates of a consultation and public hearing on an Amended City-University Project I Urban Renewal Plan. In addition to its planning function, the Urban Renewal Plan outlines a number of tools the City can use to carry out the Plan and to achieve its objectives. The tools include: 1. The authority to acquire, clear, and dispose of land for private and public redevelopment. 2. The use of tax increment financing. 3. Providing for the exclusion from property taxation during construction process. While amending the plan to allow for the use of tax increment financing, staff has also amended the Plan to expand the urban renewal area and to make the Plan more current. The following addresses the tools provided for in the Plan and briefly addresses some of the other amendments made to the Plan. Authority to Acquire, Clear, and Dispose of Land for Private and Public Redevelopmerit When originally adopted in 1969, the main tool provided for in the Urban Renewal Plan was the ability of the City to acquire, clear, and dispose of land for private and public redevelopment. Many parcels of land were identified to be acquired and cleared. Once cleared, most of the parcels were combined and sold for significant redevelopment projects, such as the Old Capitol Town Center, Plaza Center One, the Sheraton, and the Public Library. From that process of urban renewal we have only one parcel left for redevelopment, Parcel 64-1a. The plan continues to identify that parcel as a disposition parcel. The Plan now identifies only four parcels of land for acquisition (see Addendum 3, Land Acquisition Plan Map.) They include four parcels on the east half of Block 102. The Plan identifies the disposition of these four parcels as two parcels (see Addendum 4, Land Disposition Plan Map.) One parcel would be for the Near Southside Transportation Center, while the other Parcel would be for a commercial redevelopment project envisioned at the north end of the block. Financial Incentive Tools Page six of the plan identifies the two financial incentive tools available through the Plan. The first is tax increment financing, with which the Council is familiar. The second tool is an exclusion from property taxation during the construction process. With this tool, a qualifying project, may be eligible for the exclusion from taxation of value added to real estate during the process for development or redevelopment. The value added during the construction shall not be eligible for exclusion from taxation for more than two years and the exclusion shall not be applied to a facility which has been more than eighty percent completed as of the most recent date of assessment. Taking into consideration the City's financial assistance guidelines, the City Council determines which projects qualify for this exclusion from taxation. Expanding the Urban Renewal Area As presently adopted, the Urban Renewal Plan encompasses an area bound by Linn Street on the east, Court Street on the south, the Iowa River, CRANDIC Railway, and Capitol Street on the west, and Washington Street on the north. When amending the plan to allow for the use of tax increment financing, it seemed only appropriate to provide this tool as a possibility throughout the entire central business district core area and the central business support area, rather than for just parts of these areas. The Plan as amended includes all of these areas. Making the Plan More Current Though most of the original urban renewal obiectives are still true today, some of those that have been achieved have been removed from the Plan and a few new objectives have been added. This applies to both the Plan's overall objectives, as well as the objectives for specific subareas of the Urban Renewal Area (Central Business District Core Area, Central Business Support Area, and the University Area). Though amended several times throughout the years, the Plan's contents are still similar to its contents when it was originally adopted in 1969. For example, the Plan calls out specific rehabilitation requirements for dwelling units such as "all plumbing fixtures shall be drained to an approved drainage system connected to the public sewer or other approved system" or "clothes closets shall have a shelf and rod." At a point in time these rehabilitation requirements would have been appropriate given the condition of some of the buildings downtown and the regulations of the time. However, today the enforcement of existing laws, codes, ordinances, and regulations of the City of Iowa City and the State of Iowa should ensure the satisfactory rehabilitation of property not only in the Urban Renewal Area, but also throughout the community. The Plan contains additional changes throughout to clarify and update the plan. However, some portions of the Plan remained unchanged. The original purpose of the Plan to address issues of blight, deterioration, and obsolescence continues. But today the purpose of the Plan is not only to encourage economic development but to also prevent blight, deterioration, and obsolescence by encouraging redevelopmerit of the area. For that reason you will still find language which refers to this throughout the Plan. We both will be present at the Council's work session as well as the Council's formal meeting to answer any questions you may have. \\citynt~dschoon$\FILES\DOWNTOWN\CDBD\Urban Renewal Plan\council memo 9-20.doc 09/20/01 THU 10:03 FAX 515 243 2149 AHLERS LAW FIH C ~003 ,2001 The City Council of Iowa City, Iowa, met in session, in ~he Council Chamben, Civic Center, Iowa City, Iowa, at o'clock __.M., on the above date. There were present Mayor ' /,in the chair, and the following named Council Members: \ Absent: -1- o./~o/ol THU Xo:oo FAX SiS Z4O n4.~U~RS LAW FXR~ ~ (~) Q~004 Council Member introduced the following Resolution gntitlcd "RESOLUTION SETTING DATES OF A CONSULTATION AND A PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE CITY-UNIVERSITY PROJECT I (PROJECT NO. IA R- 14) URBAN RENEWAL PLAN FOR THE CITY OF IOWA CITY, IOWA," and moved that the same be adopted. Council Member seconded the motion to ordopt. The roll called and the vote was, NAYS: Whereupon, as follows: RES( RESOLUTION OF A CONSULTATION AND A PUBLIC ~ ON A PROPOSED AMENDMENT PROJECT I (PROJECT NO. RENEWAL PLAN FOK THE CITY OF WHEREAS, by Rcso October 2, 1969 this Council found and determined that ~are eligible and should be designated as an 1 , and approved and adopted the City- . University Project I ~ IA R-14~ (the "Plan") for its Urban Renewal Plan Ar6a (the ect No. IA R- 14) Urban Renewal Area") described therein which Plan is on file in the rthe Recorder of Johnson County; and / 2001 Additional Urban Renewal Plan Area as hereinafter described; and -2- 09/20/01 THU 10:03 FA~ 515 243 2149 AHLERS LAW FIR~ ~005 WHEREAS, it is desirable that these areas be redevcloped as part of the overall redevelopmeat area covered by said Plan; WHEREAS, City staff has caused there to be prepared an amcadmant to the Plan in the form of an Amended Urban Renewal Plan, a copy of which h~been placed on file for public inspection in the office of the City Clerk imd which is' ~orporated heroin by reference, the purpose of which is to set forth and include wi=e Plan: )0 1 Additional Urban Renewal/ires Beginning at the · · , the intersection of said :rline and the ~ntd'line of Washington Street; thenc~ in a westerly the centerli~e of Washington Street to the · intersection and the' line of Clinton Street extended; thence northerly ~ fight-of-way line of Clinton Street: to the intersection of said ri 'line and the northerly right-of-way line of Iowa Avenue extended; th~nc~ the northerly fight-of-way line of Iowa Avenue to the llne and the easterly right-Of- way line of Gilbert Street; the easterly fight-of-way linc Of Gilbert Street to the ~ line and the southerly right~ of-way line of Prentiss thence westerly along the southerly right- thence northerly along the easterly right- of-way line of Linn :aid fight-of-way line and waterway known alston Crock; along Ralston Creek to f line of Maiden Lane to the intersection of ~id right-of-way and the s ' line of Court Street; thenee/vesterly along said line to theof beginning. WHEREAS/the Iowa statutes require the City to submit the proposed Amendment to the Plan to the Flanking and Zoning for review and recommendation/as to its conformity with the General Plan for development of the City as a whole prior/to City Council approval of such Amendment and further provides th;t WHEREAS, the Iowa statutes further require the City Council to notify all affected taxing entities of the consideration being given to the proposed Amended City~ -3- 09/20/01 THU 10:04 FAX 515 243 2149 AHLERS LAW FIRM ~006 University Project I (Project No. IA R-14) Urban Renewal Plan and to hold a consultation with such taxing entities with respect thereto, and further provides that the designated representative of each affected taxing entity may attend the consultation and make written recommendations for modifications to the proposed division of revenue included as a part thereof, to which the City shall submit written responses as provided Section 403.5, as mended; and WHEREAS, the City 3 hold a public hearing on the proi -University Project ect No. IA R- 14) Urban Kenewal Plan subsequent to ~ a newspaper having a general circulation within which notice shall he time, date, place and purpose of the hearing, shall ' identify the the urban ren6wal plan and ~ of the urban renewal project under consideration, with a copy ofsak mailed to each affected taxing entity. NOW, THEREFORE, BE BY THE CITY COUNCIL OF THE~ CITY OF IOWA CITY, IOWA: Section 1. t the proposed Amended City-University Project I (Project No. IA K-14) Urba Section 403.5(2) of the Code of Iowa, as mended, shall the 4th day of October ,: 20010 in the Council Chambers, IowaCity, Iowaat ~n:nn o'clock _A_.M., and David Schoon Coordinator, is hereby appointed to~ serve as the designated for purposes of conducting said consultation, receiving any : may be made with respect thereto and responding to the same in .403.5(2). Section 2. City Clerk is authorized of sa~d consultation to bc sent or affected taxing entities, as defined in Section 403 along with University Project I ect No. IA K-14) Plan, said notice to be in substantially the fol~ewing form: / / / / / / / /, 09/20/01 THU 10:04 FAX 515 243 2149 AHLERS LAW FII~f ~007 NOTICE OF A CONSULTATION TO BE HELD BETWEEN THE CITY OF IOWA CITY, IOWA AND ALL AFFECTED TAXING ENTITIES CONCERNING THE PROPOSED AMENDMENT OF THE CiTY-UNIVERSITY PROJECT I (PROJECT NO. K- 14) URBAN RENEWAL PLAN FOR T~. CITY OF OWA CITY, IOWA' / The City of Iowa City, I wa will hold a consultation with afro ~te entities, as defined in Section 4.17(1A) of the Code of Iowa, amen{ h~ commcnc~g · ' . - which is a ached hereto~ }oint to attend the consultation. The consultation may growth in valuation of taxable property included in the Renewal the fiscal impact of the division 6f revenue on the affected taxing entities impact on the provision of service~ by each of the affected taxing entities and the duration of any bond issuance included in said Plan. / The designated representative affected taxing entity may make written reconm~endations for moai~cations of revenue no later than seven days following the David Schoon, Economic Development Coordinator, City of Iowa City, sh~ll submit a written response no later tha~ seven days prior to~ for modification to the pr/oposed division ofreven~. This notice is gi;~'en by order of the City Council of the City of Iowa City, Iowa, ~as provided by Section 463.5 of the Code of Iowa, as amended. Dated this/' day of ,2001. / / City Clerk, Iowa City, Iowa / / (END OF NOTICE) 00/20/01 THU 10:04 FAX 515 243 2149 AHLERS LAW FIH ~008 Section 3. That a public heating shall be held on the proposed Amendment of the City-University Project I (Project No. IA K-14) Urban Renewal Plan before the City Council at its meeting which at7: oo o'clock L.M. on 0ctob~r 23 , 2001, in the Council Chambers Center, Iowa City, Iowa. / Section 4. That the CiV public hearing in the once on a dat~ not less ~ (4) nor more than twenty (20) days before the date ~ mail a copy of said notice by ordinary mail to eaoh ; entity, each case to be in substantially the following form: 09/20/01 THU 10:05 FAX 515 243 2140 AHLERS LAW FIH ~009 (One publication required) NOTICE OF PUBLIC HEARING TO CONSIDEK APPROVAL OF THE PROPOSED AMENDMENT OF THE CiTY-UNIVEKSfFY PROJECT I (PRO~ECT!NO. IA R-14) FOK THE CIT//~ OF IOWA CITY, itself at its meeting 2001 in the Council Chambers, Center Iowa to consider adoption of a ~-ctNo. IA K-14) Urban Renewal Plan (the "Plan") an area in Io/~a'City, Iowa legally described as follows: , / Origin~ Be~nnlng at the intersection ofStreet and the south right-i of-way line of Court Street; in a northerly direction along said centerline to the centerline of Washington Street; thence in a westerly direction along intersection of said ~westerly fight-of-way line of Clinton Street extended; thence: line extended to the northerly right-of-way line thence in a westerly direction to the northwest comer of W thence in a southerly Street to the northwest comer of Coliege Street and (Street; a westerly directi{~n along the north fight-of-way Street to Cedar Rapids~Iowa City thence i~ done the said Kailway right- of-way e line of Burlington thence' direction along the north of Burlington Street to th thence in a southerly the Iowa River to the south right-of-way/line of Court Street as extended to the Iowa P, jver; thence in an easterly d~ction along said line to the point of beginning. / which land is' luded as part of the City-University Project I (ProjcctNo. IA K-14) -7- 09/20/01 THU 10:05 FAX 515 243 2149 AHLERS LAW FIRM ~010 A copy of the Amended Urban Renewal Plan is on file for public inspection in the office of the City Clerk, Council Chambers, Civic Center, Iowa City, Iowa. The City of iowa City, Iowa is the local public agency which, if such Amendment to the Plan is approved, shall undertake the urban renewal activities described in such Plan and/Mnendment. The consideration in the Amemded Plan is to assist c and businesses in the Urban Renewal Area through various public purpose;special financing activities outlined in the Plan. Th8 general scope of the urban n activities under consideration in the Plan is to rehabilitate, conserve and r land, buildings and other improvements within such area so F through the establishment of effective land use controls, through use of~ progr,m-a of rehabilitation of existing buildings and elimination of those car}not be economically rehabilitateeL with a limited mount of acquisition, clearance a/and improvement of land for various purposes specified in the Plan. To accomplish ectivcs of the Plan, and to encourage the further development the plan provides that such special financing activities may include° t limited to, the making oflo~ns or grants of public funds to ' 15A of the Code of Iowa. The City also may install, construct and m Jerking facilities, open space areas and other substantial public' acquire and make land available for law. The Plan provides that the City may: such purposes and that tax increment reimbursem/~nt of such sought if and to the extent incurred the City. / / The include within the Plan the 2001 Additional Area described follows: / / / 2001 Additional Urban Renewal Area / Beginning fit the intersection of the centerline elLinn Street and the south right-:: of-way lir~ of Court Street; thence in a northe~y direction along said centerline to the inter~otion of said centcHine and the centerline of Washington Street; thenc~ in a westerly dkection along the centerline of Washin~on Street to the intersection of said centerline and the westerly right-of~way line of Clinton Street extended; thence northerly along the westerly right-of-way line of Clinton Street to the intersection of said fight-of-way line and the northerly right-of-way line o~ Iowa Avenue extended; thence easterly along the northerly right-of-way line of 09/20/01 THU 10:05 FAX S1S 243 2149 AHLERS LAW FIRM ~011 Iowa Avenue to the intersection of said right-of-way line and the easterly right-of- way line of Gilbert Street; thence southerly along the easterly right-of-way line of Gilbert Street to the intersection of said fight-of-way line and the southerly right- of-way line of Prentiss Street extended; thence westerly along the southerly fight- of-way line of Prcntiss Street to the intersection of said fight-of-way line and the easterly fight-of-way line of Linn Street; therice northerly along the easterly right- of-way line ofLinn Stree to the intersection of the said right-of-way line and the waterway known as Kalst n Creek; thence northeasterly along Ralston Creek to the intersection of Ralston reek and the westerly right-of-way line of Maiden Street; thence westerly along~\Said line to the point ofbcginnlng. This Notice is given by order the Ci~,.Council of Iowa City, Iowa, as provided by Section 403.5 of the Code of Iowa,' mended. Any person or organization desif g~o be heard shall be afforded an opportunity: to be heard at such hearing. ~ Dated this day of / ,2001. ///" Iowa C~ty Iowa \ END OF NOTIC~ ,\ -9° 09/20/01 THU 10:06 FAX 515 2d3 2149 AH]_jERS I,~.W FIP,~d ~012 Section 5. That the proposed Amendment to the City-University Project I (Project No. IA R-14) Urban Renc~val Area, now before this Council, for the City-University Project I (Project No. IA R-14) Urban Renewal Area described herein is hereby officially declared to be the proposed Amendment to the Plan referred to in said notices for purposes of such consultation and hearing and that a copy of said Amendment to the Plah shall be placed on file in the office of the City Cl~rk. Section6. Thatthep oposedAmenrlmentto~eCity-UniversityProjectl(Projeet development of the City as a w Ic, with such r commendation to be submitted in writing to this Council wi ' s of the d~hercof. / / PASSED AND APPKOVED is/i day of ,2001.~ // ayor ATTEST: ~' \ City Clerk \ -I0- (One publication required) NOTICE OF PUBLIC HEARING TO CONSIDER APPROV OF THE PROPOSED AMENDMENT OF THE ITY-UNIVERSITY PROJECT I (PROJECT NO. IA R-14) AN RENEWAL PLAN, FOR THE CITY OF C ~! The Ci . Iowa, will hold a public hearing before itself at its meeting which o'clock __.M. on , 2001 in the Emma J. Harvat Civic Iowa City, Iowa to consider adoption of a proposed Amendment to the Project I (Project No. IA R-14) Urban Renewal Plan (the "Plan") in Iowa City, Iowa legally described as follows: Original Beginrang at the intersection. of Linn Street and the south right- of-way line of Court Street: I direction along said centerline to the intersection of sai. gton Street; thence in a westerly direction 3f Washington Street to the intersection of said and the line of Clinton Street extended; thence said ri line extended to the northerly right-of-way Street: ~ direction to the northwest comer oft Street and Street; thence in a southerly direction along the ~est right-of-way of Capitalto the northwest comer of College Street andEapitol Street; thence i direction along the north right-of-way of C,~llege Street to the east line2edar Rapids-Iowa City Railway right-of4way; thence in a southerly the said Railway right- of-way to the in,~ersection of the of Burlington Street; thence in a westerly direction along the ' of Burlington Street to the Iowa RivOi'; thence in a southerly direction along to the south right-of-wayAine of Court Street as extended to the thence in an easterly dirCtion along said line to the point of beginning. which land is included as part of the City-University Project I (Project ~. IA R-14) Urban Renewal l~an area (the "City-University Project I (Project No. IA R-14) Urban Renewal Area"). -7- A copy of the Amended Urban Renewal Plan is on file for public inspection in the office of the City Clerk, Emma J. Harvat Hall, Civic Center, Iowa City, Iowa. The City of Iowa City, Iowa is the local public agency which, if such Amendment to the Plan is approved, shall undertake the urban renewal activities described in such Plan and Amendment. The general scope of the urban renewal activities under consideration in the Amended Plan is to assist qualified industries and businesses in the Urban Renewal Area through various public purpose and special financing activities outlined in the Plan. The general scope of the urban renewal activities under consideration in the Plan is to rehabilitate, conserve and redevelop land, buildings and other' :within such area so use controls, through use of an effective and elimination of those structures which be economicall, with a limited amount of acquisition, clearance, resale ~~mprovement of landr various purposes specified in the Plan. To accomplish the,ectives of the to encourage the further development the Plan special financing activities may include, but not be,, the of loans or grants of public funds to private entities owa. The City also may install, construct and reconstruct streets,~pen space areas and other substantial public improvements, available for development or redevelopment by private ~e as authorized by law. The Plan provides that the City may issue bonds or use:funds for such purposes and that tax increment reimbursement of such costs sought if and to the extent incurred by the City. The proposed Amendment to forth and include within the Plan the 2001 Additional described follows: 2001 Beginning at the Street and the south right- of-way line ; thence in a northerly along said centerline to the intersection centerline and the centerline'Washington Street; thence in a westerly the centerline to the intersection the westerl, ' line of Clinton Street exten along the westerly right-of-way line of Clinton Street to the iny6rsection of said right-of-way line and the northerly right-of-way line of Iowa A';,enue extended; thence easterly along the northerly right-of-way line of -8- Iowa Avenue to the intersection of said right-of-way line and the easterly right-of- way line of Gilbert Street; thence southerly along the easterly right-of-way line of Gilbert Street to the intersection of said right-of-way line and the southerly right- of-way line of Prentiss Street extended; thence westerly along the southerly right- of-way line of Prentiss Street to the intersection of said right-of-way line and the easterly right-of-way line of Linn Street; thence northerly along the easterly right- of-way line of Linn Street to the intersection of the said right-of-way lin¢~ind the waterway known as Ralston Creek; thence northeasterly along Ralsto Greek to ; ence northerly along the westerly right-of-way line of alden Lane to the Any person or organization desiring to t~d shall be afforded ~ oppo~uniW to be heard at such hearing. Dated this day of ,2001. City Iowa City, Iowa -9- Prepared by: Ron Knoche, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356-5138 RESOLUTION NO. 01-302 RESOLUTION SE'R'ING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SOUTH SYCAMORE REGIONAL GREENSPACE SEEDING PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned proiect is to be held on the 8th day of October, 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 City Engineer in the office of the City Clerk for public inspection. Passed and approved this 25th day of Se bet , . __ Approved by City Attomey's Office Resolution No. 01-302 Page 2 It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Champion X Kanner X Lehman X O'Donnell X Pfab X . Vanderhoef X . Wilburn D FEE ' :J13208 / FILED N0. STATE OF IOWA ) ~,/[30OK~j~fT.J_PAGE'/_ ) ss 01 H0Y I ~ AN 8:55 COUN~ OF JOHNSON ) ,J0~ts0~ COUNF Y }~ECORDER iOWA CIT~ 10WA I, Marian K. Karr, Ci~ Clerk of the Ci~ of Iowa CiW, Iowa, do hereby state that the pa~ial release of drainage easement a~ached to Resolution 01-303, filed on September 28, 2001, Page 494, Book 3145, ~ntained a ~p~mphi~l error in the pa~ial release document and an error on the plat aftached. The cormdions were minor, and have been approved by the Ci~ Engineers o~ce and the Ci~ A~omeys o~ce, all as the same appeam of m~rd in my o~ce. Dated at Iowa City, Iowa, this 9th day of November 2001. City Clerk \material 410 EAST WASHINGTON STREET · IOWA CITY. IOWA 52240-1826 · (319) 356-5000 · FAX (319) 356-5009 Prepared by: Mitchel T. Behr. Asst. City Atlomey, 410 E, Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 0].~303 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE PARTIAL RELEASE OF A DRAINAGE EASEMENT LOCATED ON LOT 64, SOUTH POINTE ADDITION, PART 4. WHEREAS. the City possesses a 30-foot drainage easement on Lot 64, South Pointe Addition Part 4; and WHEREAS, the O~vners of the subject properly, Rick and Carol Butler, wish t0 build upon the north 15 feet of said easement area; and WHEREAS, the Owners have requested the City release the nodh 15 feet of said easement area, said easement being shown on the final plat of South Pointe Addition, Part 4, and recorded in Book 3055, Page 550. and lhe area to be released is legally described and designated in the release and Exhibit "A' attached hereto and incorporated herein by this reference; and WHEREAS. Public Works has recommended the release of said portion of the easement area; and WHEREAS. it is the public interest to release said podion of the easement area. NOW. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council finds it is in public interest to release the north 15 feet of the drainage easement area. 2. The City of Iowa City does hereby abandon, release, and relinquish all dght, title, and interest in the portion of the drainage easement area described and designated in the release and Exhibit "A' attached hereto and incorporated herein by this reference, and the Mayor is hereby authorized to sign, and lhe City Clerk to attest, a partial release of the easement sufficient for recordatjon. 3. The City Clerk is hereby authorized and directed to certify a copy of this resolution for recordation in the Johnson County Recorder's office together with the attached release and Exhibit "A". said recording costs to be paid by the Owners of the subject property. Passed and approved this 25~;h day of September .20 01 SEAL Approved by Ci~?.~{~LERK - e //~ t 0OO061 Resolution No. 01-303 Page ~ It was moved by Chaml}ion and seconded by Vandet'hoef the Resolution be adopted, and upon roll call them were: AYES: NAYS: ABSENT: X Champion X Kanner · X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum 000062 Prepared by: Mitchel T. Behr, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 PARTIAL RELEASE OF DRAINAGE EASEMENT The City of Iowa City does hereby release all its right. title and interest in and to the property legally described and designated on the plat attached hereto as Exhibit A, which is incorporated herein by this reference, from a lien or cloud upon the title placed thereon by the drainage easement granted to the City by the easement agreement dated April 24, 2001, and recorded in Book 3055, Page 550 of the records of the Johnson County R, ecorder's Office. This Partial Release of Drainage Easement shall not be construed as a release of the balance of the property subject to the drainage easement referred to above. This Partial Release of Drainage Easement is executed to correct and replace the Partial Release of Drainage Easement dated September 26, 2001, and recorded in Book 3145, Page 494 of the records of the Johnson County Recorder's Office. CITY OF IOWA CITY STATE OF IOWA ) ) ss: JOHNSON COUNTY ) day of ,/1. F'{ry~/:~_,<L-- , A.D. 20 C~/, before me, the undersigned, a notary public in and for the State of Iowa, 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 municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that 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 the State of Iowa (.tO U0 ., ~l~y commission expires: ~/- -~5' -0 ~ ,,,,31KELLIE K. TU'FFLE ~o ~j~ commission Number221819 Prepared by: Mitchel T. Behr, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 0].-303 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE PARTIAL RELEASE OF A DRAINAGE EASEMENT CATED ON lOT 64, SOUTH POINTE ADDITION, PART 4. WHEREAS, the City possesses a 30-foot drainage easement on Lot 4, South Pointe Addition Part 4; and WHEREAS, the Oners of the subject property, Rick and Car Butler, wish tO build upon the north 15 feet of said asement area; and WHEREAS, the Owner have requested the City release e north 15 feet of said easement area, said easement being sh n on the final plat of South ointe Addition, Part 4, and recorded in Book 3055, Page 550, an the area to be released ' ~egally described and designated in the release and Exhibit "A" attac d hereto and incorpor ted herein by this reference; and aWnI~EREAS, Public Works has commende asement area; WHEREAS, it is th the easement area. NOW, THEREFORE, BE IT RESOLVE[ CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: / 1. The City Council finds it is ,in/ public ,=rest to release the north 15 feet of the drainage easement area. 2. The City of Iowa City does hereby release, and relinquish all right, title, and interest in the portion"of the drainage ,nt area described and designated in the release and Exhibit "A" attached hereto and herein by this reference, and the Mayor is hereby authorized to sign, and ;lerk to attest, a partial release of the easement sufficient for recordation. The City Cler/is hereby authorized and directed to a copy of this resolution for 3. recordation i he Johnson County Recorder's office the attached release and Exhibit "A" said recording costs to be paid by of the subject property, / Passed and appr?/ved this 25th day of September' ,"~ 01 Approved by Resolution No. 01-303 Page 2 It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: YES: NAYS: ABSENT: Champi __' Kan - ~ X, Pfab X __ /.// Vanderhoef X ~ .., Wilburn /' ,/ \, Prepared by: Mitchel T. Behr, Asst. City Altorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 PARTIAL RELEASE OF DRAINAGE EASEMENT The City of Iowa City does hereby release the property legally described and designated on the plat attached,, hereto as Exhibit A, which is incorporated herein by this reference, from a lien or cloud upon t e title placed thereon by the easement granted to the City. This easement is originally sho on the final plat of South Pointe Addition Part 4, Iowa City, Iowa ,'and the easement agree ent is recorded in Book 3055, Page 550 of the records of the Joh on County Recorder's Office. The City retains all rights with respect to the balance of the property s ject to the above easement as well a all other easements shown on said final pla not released by this document. Y ATTEST: ~ CIT'~LERK ' // Approved by ,/ City Attorn~ey's~ STATE OF IOWA ) / undersigned, a notary ,public in State of Iowa Lehman and Madan K. Karr, t ' me personally known, who being le duly sworn, did say that they are said instrument ~ signed and sealed on behalf of said muni, d corporation by authority of its City Council; that the said Mayor and City Clerk as such ricers acknowledged that the execution of s~d instrument to be the volunta~ act and deed of ~d corporation, by it and by them voluntari,~ executed. Nota~ Public in and for the State of Iowa My commission expires: ~ ~ Oommi~on Number221819 ~ m o -',2 I0 ~ ,3 ,,Z-cj,.Z- L Z: z zl ,Lcj,L I. ,80 S I E, o B ,,o ---,1 ""' o CO I o t""' -. ~ o aCC) ~ ~ h~ ~ ,O0'Og ' ~-. ~ I o > m o c~ ,OO'C:j"FL o ,O0'gtL o ---'b''~ ~ ~- ""T 3 ,,Lg,LL.EO S o c j~g..Z L .ZOS,O /g O'gO[ 66'901- /_ _ / ---r -~ c ~o. CD ~°~ 0 ., frl ~..-,- O'Z ~ ,,' , , nn'nZ I. I :c :~5':° == ,. .> -' '" E o ~a5' · .........· ~ n~-gg m° :~ o m Prepared by: Mitchel T. Behr, Asst City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 \ !L.ESOLUTION NO. RESOLU N AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST T PARTIAL RELEASE OF A DRAINAGE EASEMENT LOCATED ON LOT 64, SOU POINTE ADDITION, PART 4. ~Va~R;EanA~ th ' s a 30-foot drainage easement on Lot 64, South Pointe Addition WHEREAS the Owners of the ubject property, Rick and Carol Butler, wish to build upon the north 15 feet of said easement are · and WHEREAS, the Owners have reques d the City release the north 15/feet of said easement area, release and Exhibit "A" attached hereto an incorporated herein ~/this reference; and aWnI~EREAS, Public Works ha e release of ,S~id portion of the easement area; . Y OF IOWA CITY, IOWA, THAT: /',\ 1. The City Council finds it is in public intere/SEt to ase the north 15 feet of the drainage easement area. /' 2. The City of Iowa City does hereby ~an relea , and relinquish all right, title, and interest in the portion of the drainE easement are described and designated in the release and Exhibit "A" attached ~ and incorporate herein by this reference, and the Mayor is hereby authorized to si and the City attest, a partial release of the easemerit sufficient for \, \ 3. The City Clerk is hereby aL and directed to certif a copy of this resolution for recordation in the Johnsot Recorder's office togeth r with the attached release and Exhibit "A", said reco costs to be paid by the Ownetr~hs~ the subject property. Passed and appreved this day of ~ 20 MAYOR Approved by CITY, .t Art Prepared by: MLtchel T Behr, Asst C~ty Attorney. 410 E Washington St, Iowa City, IA 52240 (319) 356-5030 ~ PARTIAL RELEASE OF DRAINAGE EASEMENT The City of Iowa City~,oes hereby release the property legally described and designated on the plat attached hereto aS Exhibit A, which is incorporated herein by this reference, from a lien or cloud upon the title pla d thereon by the easement granted to the City. This easement is originally shown on the fi al plat of South Pointe Addition Part 4, owa City, Iowa, and the ~ / easement as well as all other asements shown on I not released by this CITY OF IOWA CITY ,/ Mayor /, ,/ ATTEST: / / CITY CLERK / / Approved by / City Attorney / / i STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of '~. A.D. 20 before me, the undersigned, a notary public in an~ the State of Iowa, persoi~ally appeared Ernest W. Lehman and Marinn K. Karr, to me persol known, who being by me d, uly sworn, did say that they are the Mayor and City Clerk, res of said municipal corpol;ation executing the within and foregoing instrument; that the affixed thereto is the seal of Said municipal corporation; that said instrument was signed a~ sealed on behalf of said municipal'corporation by authority of its City Council; and that the Mayor and City Clerk as such offi~:ers acknowledged that the execution of said instrumen be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the ,.~tate of Iowa My commission expires: M~tch~B/Southpo~nleAdd/dralnage release doc PARTIAL RELFJ ,SE OF EXH!BITZ:__ .: STQRIVi SE'V ER & DRAINAGE EA,SEMEIkrfl DOCUMENT PNEP/~REO BY: RALPH STOFFER, 535 SOUTHGATE AVE. iOWA CITY, iOWA. (319) 354-19Ji ~Rl'~ ' .~0 t~ 70.00' LEGEND ~_ h ..... STORM SEWER & ...... DRAINAGE EASEMENT ¢ ¢ ¢ 8,352 sf k ~ 8,352 sf TO BE RELEASED 10' K rI '~ o ~ O ~ utifity I I easement South Point Addition Pan 4, I~ Ci~ ' ~ ' :6600 sement I I Plat Book 33, Pag, ........ "" 00' O --- - "' N 87'42'03 typ~ce~ . ~ O' 25' 50" 75'  ~ ~ SCALE: 1"=50' 549.7 ' LA ~ _ _ j5 ~ - J%~ ' ~ ~~ ~8-27-0~ ~ ~"=50' Urve ~60-' 0' I he ce~fy thor thTs eng~neerlng ~ ~ LS ~ ~ RS O 64 documen wos prepored ond the reloted ~ ~ E ~ work wes pe rmed by me or under ~~~~~ my direct person superv~sbn ond thor ~ ' I em o duly i~cense ofessionol PARTIAL RELEASE OF ~ ~ ~ ~ 6~ Engineer under the lows the Store STORM SEWER ~2'0 E"'... ;.~ ..~¢~. i ~ ~ ~ 70.00' OU POINTE ADDITION ... . .. .... ,. .,. . ~ , ~ : ~ %PART 4 / ~ 7~ ~l ~ N My license number 6709 renewal is Cl~, iOWA 09-25-01 3f(2) Prepared by: Kim Johnson, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 01-304 RESOLUTION ACCEPTING THE WORK FOR THE FIRST AVENUE WATER MAIN PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the First Avenue Water Main Project, as included in a contract between the City of Iowa City and Bockenstedt Excavating, Inc. of Iowa City, Iowa. dated October 6, 2000, be accepted; and WHEREAS, the performance and payment bond has 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 improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 25th day of geptemhm' ,20 ~l Approved by It was moved by Champion and seconded by Vanderheef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Champion × Kanner X Lehman X O'Donnell × Pfab X Vanderhoef X Wilburn ENGINEER'S REPORT September 17, 2001 Honorable Mayor and City Council Iowa City, Iowa Re: First Avenue Water Main Project Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the First Avenue Water Main Project has been completed by Bockenstedt Excavation of Iowa City, Iowa in substantial accordance with the plans and specifications prepared by Howard R. Green Company of Iowa City, Iowa. The required performance and payment bond is on file in the City Clerk's office. The final contract price is $453,450.64. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Charles Sch P.E. Public Works Director EAST WASHINGTON STREET * IOWA (ITY, IOWA 52240-1826 * (319) 356-5000 * FAX (319) 356-5009 Prepared by: Ross Spitz, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 RESOLUTION NO. 01-305 RESOLUTION ACCEPTING THE WORK FOR THE 2001 ASPHALT RESURFACING PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the 2001 Asphalt Resurfacing Project, as included in a contract between the City of Iowa City and L.L. Pelling Company of North Liberty, Iowa, dated April 6, 2001, be accepted; and WHEREAS, the performance and payment bond has 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 improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 25th day of September ,20 01 I~AYOR Approved by It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Champion × Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn pweng~fes~2OOlasphaltdoc ENGINEER'S REPORT September 17, 2001 Honorable Mayor and City Council Iowa City, Iowa Re: 2001 Asphalt Resurfacing Project Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the 2001 Asphalt Resurfacing Project has been completed by L.L. Pelling Company, Inc. of North Liberty, Iowa in substantial accordance with the plans and specifications prepared by the City of Iowa City. The required performance and payment bond is on file in the City Clerk's office. The final contract price is $914,098.01. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Richard Fosse, P.E. City Engineer EAST WASHINGTON STREET * IOWA CI1~., IOWA 52240-1826 * (319) 356 5000 * FAX (319) 356-5009 Prepared by~ Raber~ Miklo, PCD, 4'10 E. W~$hinglon RESOLUTION NO. RESOLUTION APPROVING THE FINAL PLAT OF A RESUBDIVISION OF lOT 236, WASHINGTON PARK ADDITION PART 11 AND AUDITOR'S PARCEL 2001023, JOHNSON COUNTY, IOWA. WHEREAS, the owner. Arbor Hill L.L.C., filed with the City Clerk the final plat of A Resubdivision of Lot 236, Washington Park Addition Part 11 and Auditor~s Parcel 2001023, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Johnson County, Iowa, to wit: I certify that during the month of August. at the direction of Washington Park Partners, a survey was made under my supervision of Lot 236, of Washington Park Addition, Part 11, in accordance with the plat thereof recorded in plat book 41, at page 316, and Auditor's Parcel 2001023, in accordance with the Plat thereof recorded in plat book 42, at page 276, all of the records of the Johnson County Recorder~s office, Iowa City, Johnson County, Iowa. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a conditional dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS. said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2001) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, including any easement releases, if necessary, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Resolution No. Page 2 Passed and approved this day of ,20.__ CITY CLERK It was moved by and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilburn STAFF REPORT To: Planning &Zoning Commission Prepared by: Robed Miklo Item: SUB01-00017, Lot 236, Date: September 6, 2001 Washington Park Addition Part 11 (Arbor Hill) GENERAL INFORMATION: Applicant: Arbor Hills L.L.C. 905 Bluffwood Drive Iowa City, IA 52245 Contact Person: Kirsten Frey Phone: 351-8181 Requested Action: Final Plat Purpose: Creation of two lots to allow the development of 17 condominium units Location: North of Washington Street on Arbor Circle. Size: 8.02 acres Existing Land Use and Zoning: OPDH-8 Multi-Family Residential & Vacant Surrounding Land Use and Zoning: North: RS-5, Residential South: RS-5, Residential East: RS-5, Residential West: PDH-8, Multi-Family Residential; RS-5, Residential; and P-Public, Pheasant Hill Park Comprehensive Plan: 2 to 8 dwelling units per acre File Date: August 4, 2001 45-Day Limitation Period: September 23, 2001 60-Day Limitation Period: October 2, 2001 SPECIAL INFORMATION: Public Utilities: City water service/sewer services are available. 2 Public Services: The City will provide police and fire protection. Refuse and recycling service will be provided by a private contractor. Transportation: The Rochester transit route is located ap- proximately % mile to the nodh. Physical Characteristics: Topography of this site is characterized by rolling terrain. BACKGROUND INFORMATION: On August 8, the City Council approved the amended Planned Development Housing Overlay Plan and preliminary plat for this property. The Council's approval was subject to a Conditional Zoning Agreement that addresses storm water drainage requirements for this properly. ANALYSIS.: The final plat. is in general conformance with the approved preliminary plat. The City Attorney's Office and Public Works Department are reviewing the legal papers and construction drawings to assure that they comply with the requirements of the Conditional Zoning Agreement. These documents and plans should be approved by staff prior to City Council consideration of the final plat. Neighborhood opens fees equivalent to the value of 8,696 square feet of this property are required and should be addressed in the legal papers. STAFF RECOMMENDATION: Staff recommends approval of SUB01-00017, the final plat of A Resubdivision of Lot 236 Washington Park Addition, Part 111 and Auditors Parcel 2001023, an 8.02 acre, 2-lot residential subdivision located north of Washington Street on Arbor Circle. ATTACHMENTS: 1. Location map. 2. Final Plat Approved by: ' ~..~~ Jeff Davidson, Asst. Director Dept. of Planning and Community Development ppdadmin\stfrep\sub-00017.doc CITY OF IOtYA CITY 1 12ol IS III II C01 T.ooR ~ ~~ 20 ° CONCORD HILL PARK ROAD _~-- :IS5 I ~ ~ o z ~ ~D FE ' DRIVE SITE LOCATION: Arbor Hill SUB01-0001 7 Final Plat I RESUBDIVISION OF LOT 236 WASHINGTON PARK ADDITION. PART 11 and AUDITOR'S PARCEL 2001023 Iowa City, Iowa Lot 1 : ~: city of Io~ city 89/25/2881 18:15 3193518685 KENNEDY LAW OFFICE PAGE KENNEDY, CRUISE, ANDERSON zn. F'REY,/./.R u~.~. ~o.s ~v~ September 25, 2~1 / 3S~S0~ Ms. S=~ E. Hol~e~ F~t Assis~t Ci~ A~o=y Ci~ of Iow~ Ci~ 410 ~t W~mn Iowa Ci~, IA 52~ Re: A msubdivhion of Dc~ S~: I have spoken wi~ my client, Arborh~l, L.C., ~d at reques~ a defen~ of ~e Ci~ Co~cfl's ~nsidera~on of ~e ~1 plat of ~e a~ve-referenc~ suMivision. !~don. If you n~d ~g else ~om me or have ~y questions about thlg~ pl~sc don't hesimm m give me a c~l. O~grwise, I ~ you for your assis~nce wi~ ~is ~r, ~d I will be in couch wi~ ~ ex~ut~ do~mgn~ ~ ~e ve~ n~r ~re, Very truly yours, Kirsten H. Frey KHF/sd Enc. cc: John D, Cruise kf19'd83a1425 Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 01-309 RESOLUTION ASSESSING $300.00 CIVIL PENALTY AGAINST OUTER LIMITS OF IOWA CITY WHEREAS, on June 12, 2001, Mary Justine Dailey Todd was convicted/pied guilty in Johnson County District Court, Docket No. STIC 115630 of violating Iowa Code § 453A.2(1); and WHEREAS, at the time of the violation underlying the above conviction/plea, Mary Justine Dailey Todd was an employee of the establishment operating under the retail cigarette permit issued to Outer Limits of Iowa City, 1910 South Gilbert SWeet; and WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit shall be subjected to a civil penalty of $300.00 as a result of its employee being convicted of or pleading guilty to a violation of Iowa Code § 453A.2( 1 ), after a hearing and proper notice; and WHEREAS, a hearing was held on this date by the City Council to determine whether to assess the civil penalty against Outer Limits of Iowa City and at said hearing the City Council heard the facts of the violation and the arguments of the permitee; and WHEREAS, this violation is the first such violation of an employee of Outer Limits of Iowa City to be considered by the City Council under Iowa Code § 453A.22(2). NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council, after notice and hearing, and pursuant to Iowa Code § 453A.22(2) hereby imposes a civil penalty in the amount of $300.00 against Outer Limits of Iowa City. BE IT FURTHER RESOLVED, that said retail cigarette permitee has twenty (20) days from the date of this Resolution to pay the civil penalty in full, and if the civil penalty is not timely paid the retail cigarette permit held by the permitee shall automatically be suspended for a period of fourteen (14) days. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney' s Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSEDANDAPPROVED: September 25, 2001 Resolution No. 01-309 Page 2 It was moved by Vanderhoef and seconded by Wi ] burn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Champion X Kanner × Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn Prepared by: Marilyn Kriz, Parks and Recreation, 220 S. Gilbert, Iowa City, IA 52240 (319) 356-5110 RESOLUTION NO. 01-306 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, ESTIMATE OF COST FOR THE CONSTRUCTION OF THE HICKORY HILL PARK TRAIL 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 CITY 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% of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:00 a.m. on the 25th day of September, 2001, or at a later date as determined by the Director of Parks and Recreation or designee, with notice of said later date to be published as required by law. Thereafter the bids will be opened by the City Engineer or designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 p.m. on the 25th day of September, 2001 or at such later time and place as may be fixed. Passed and approved this 251:h day of Sept. e~' ,2001. Approved by Resolution No. 01-306 Page 2 It was moved by 0' Donne] ] and seconded by Vanderhoef 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 I 09:12~1'01 I Prepared by: Jeff Davidson, Asst. Planning Dir., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5252 RESOLUTION NO. 01-307 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN EXTENSION OF THE LISTING AGREEMENT BETVVEEN THE CITY OF IOWA CITY AND LEPIC-KROEGER REALTORS OF IOWA CITY, IOWA FOR THE COMMERCIAL UNITS REMAINING TO BE SOLD AT TOWER PLACE AND PARKING. WHEREAS, the Tower Place and Parking facility has been designed with approximately 27,000 square feet of commercial space; and WHEREAS, the City desires to extend the contract with a real estate firm which has been marketing the sale of said commercial space; and WHEREAS, the City has negotiated a one-year extension of the listing agreement with Lepic- Kroeger Realtors of Iowa City, Iowa to continue marketing activities for the sale of said commercial space; and WHEREAS, said commercial space will continue be placed on the multiple listing service enabling all local real estate firms to participate in the potential sale of the space. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The extensions of said listing agreement attached hereto are in the public interest and are approved as to form and content. 2. The Mayor is authorized to sign and the City Clerk to attest the attached extensions of said listing agreement. Passed and approved this 25t, h day of September ,20 Approved by jccogtp\res\lepic.doc Resolution No. 01-307 Page 2 It was moved by W'i I burn and seconded by 0' Donne'l 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 Iowa City Area Association of REALTORS® Listing Status Change/Correction Form 'ropetry Address355 E. learn },re., IC (lJlqlT 1-.0) MLS # 19907967 jsting Office ~ _ Listing ,Agent G}-I,gR/ttk,~ICK Price $558,350 2ONTINGENCY (AC) (Active Status) PENDING (Status) a, cccpled Offer Subject Io Contingencies) (Days on Market Calculated from List Date to pending Dale) ,'ontingent Date (Purchase Agreement Date'~ Pending Date __ WITHDRA NAL/CANCELLATION ;OLD STATUS (Closing Taken Place) elllug Office Listing is Withdrawn REALTOR® & Seller Signatures Required Below elling Agent Listing is Cancelled ;uyer's Last Name Designated REALTOR'~ & Seller Signatures Required Beiov¢ ale Price runsaction Value EXTENSION 'Sale, Selling Price If Lease, lbtal Value.) ease Value Listing Expires This Date 9/29/01 9/29/02 er Foot or Per Month) Extend Expiration Date to ales Terms: (Circle One) REALTOR® &Seller Signatures Required Below ash-Cash Convent-Conventional ease-Lease Exchange-Exchange BACK ON THE MARKET ther-Other FHA/VA TC/CTL PPC-PPC (Not to Be Used to Activate an Expired Listing) :riding Date Listing is Back on Market losing Date Listing Expiration Date 'RICE CHANGE ~ange Price to iALTOR® & Seller Signattires Required Below .e this area below to make changes to the text of a listing. If changes are ex~ensive, use a profile sheet to indicate changes. THDRAWAL - It is also hereby agreed ~hat if said ~r~pert~, is soij within the terms of the original listing, or any extension thereof, or is sold within s after ~t;,e expiration of the listing ,'r any c,:lension therec, f. a~ pro,, ided in said ~isth:g, men thn v. itbdrawal agreement shall be absolute'l,.. ~o}d City of Iowa City MEMORANDUM Date: September 20, 2001 To: City Council From: Joe Fowler, Parking &Transit Director ~F /'~ Jeff Davidson, Planning & Community Development Assistant Director Re: Tower Place Commercial Space September 29, 2001 the current listing for the commercial space in Tower Place expires. Lepic-Kroeger has previously been retained by the City to market the 27,000 square feet of commercial space located in the structure. To date they have sold four spaces: AKAR Architects, Zender's, Homebuilders, and Greytown Apartments (Simmons-Perrine/H. R. Green). Two spaces have been occupied by City divisions, Cable TV and Information Technology Services, and one space, The Cottage, was sold by the City. At the present time 7,456 square feet of space remain for sale. Lepic-Kroeger has continued to aggressively market these properties. They have placed advertisements in the local papers and continue to work on leads they have developed. We recommend the Council approve the extension of the listing agreement until September, 2002. I09-25-01 12 Prepared by: Karin Franklin, PCD Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5232 RESOLUTION NO. 01-308 RESOLUTION APPROVING THE ALLOCATION OF PUBLIC ART FUNDS AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, THE ARTIST, THE OWNER, AND THE CURRENT TENANT OF 2 SOUTH DUBUQUE STREET FOR A MURAL ALONG IOWA AVENUE ON THE SIDE WALL OF 2 SOUTH DUBUQUE STREET. WHEREAS, the Public Art Advisory Committee has reviewed a proposal for public art fund support of a mural to be painted on the Iowa Avenue side of the building at 2 South Dubuque Street: and WHEREAS, the Public Art Advisory Committee has recommended by a vote of 5-0-1 (Nagle abstaining) allocation of the requested $6,338.48 for said mural; and WHEREAS, an agreement is needed between the City, the artist, the owner of the property, and the current tenant of the property to address the terms and conditions of said allocation and the maintenance and longevity of the mural. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. Funds in the amount of $6,338.48 be allocated from the Iowa City Public Art fund to support the creation and maintenance of a mural on the Iowa Avenue side of the building at 2 South Dubuque Street. 2. The Agreement between the City of Iowa City; Anna UIlerich, the artist; Clifford Building Partnership, the owner of 2 South Dubuque Street; and Sandra Navalesi, owner of Dulcinea and tenant at 2 South Dubuque Street for the creation and maintenance of a mural at 2 South Dubuque Street, a copy of which is attached hereto, is hereby approved as to content and form. 3. The Mayor is hereby authorized to sign and the City Clerk to attest said Agreement. 4. The City Clerk is directed to record the Agreement with the Johnson County Recorder at City's expense. Passed and approved this 251:h day of Sepl;ernbe ,20 01 City Attorney's Office ppddi~esVnural2sdubuque.doc Resolution No. 01-308 Page 2 It was moved by Champion and seconded by Wi 1 burn 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 CITY OF IOWA CITY PUBLIC ART PROGRAM MURAL AT 2 SOUTH DUBUQUE STREET AGREEMENT BY AND BETWEEN CITY, ARTIST, PROPERTY OWNER AND TENANT BUSINESS THIS AGREEMENT is made on September' 25.2001 between the City of Iowa City, hereinafter referred to as the CITY; Anna Ullerich, hereina~er referred to as ARTIST; Clifford Building Partnership, owner of the property at 2 South Dubuque Street, hereinafter referred to as OWNER, and Sandra Navalesi, the owner of the business Dulcinea and current tenant at 2 South Dubuque Street, hereinafter known as ARTIST'S REPRESENTATIVE. The CITY'S REPRESENTATIVE shall be the Director of the Department of Planning and Community Development or his/her designee. The COMMITTEE shall be the Public Art Advisory Committee. WHEREAS, said property at 2 South Dubuque Street is legally described as follows: Beginning at the Northwest corner of Block 66, Iowa City, Iowa, as per the recorded plat thereof, thence East 82 feet, thence South 20 feet, thence West 82 feet, thence North 20 feet to the place of beginning. WHEREAS, the CITY, on the recommendation of the COMMITTEE, has accepted the proposal for a mural at 2 South Dubuque Street to be completed by Anna Ullerich, the artist. Said mural is hereina~er collectively referred to as ART WORK. A copy of said proposal as accepted, in concept but not in methodology of execution, is attached hereto as Exhibit "A" (hereinafter "Proposal"). This Agreement shall prevail if there are inconsistencies between the proposal and this Agreement. NOW, THEREFORE, in consideration of the mutual promises and undertakings contained herein, the parties agree as follows: Article 1. Scope of Services 1.1 General a. The ARTISTS REPRESENTATIVE shall be responsible for ensuring completion of the ART WORK by November 1, 2001. Failure to perform will require the reimbursement of the CITY for any public art funds expended on this project. b. The CITY'S REPRESENTATIVE shall have the right to review the ART WORK at reasonable times during the fabrication thereof. c. The ARTIST'S REPRESENTATIVE shall present to the COMMITTEE in writing for further review and approval any significant changes in scope, design, color, size, material or texture of ART WORK not permitted by or not in substantial conformity with the Proposal. A significant change is any change in the scope, design, size, material, texture or location of the site of the ART WORK which affects installation, scheduling, site preparation or maintenance for the ART WORK or the concept of the ART WORK as represented in the Proposal. 1.2 Post Installation a. The CITY shall arrange photographic documentation of the site and the installed ART WORK at the site. b. The ARTIST'S REPRESENTATIVE shall be notified of any dates and times for presentation ceremonies relating to the ART WORK. c. Upon installation of the ART WORK, the ARTIST'S REPRESENTATIVE shall provide to the CITY'S REPRESENTATIVE a schedule and methodology for appropriate maintenance and preservation of the ART WORK. 1.3 Maintenance and Longevity a. The ARTIST's REPRESENTATIVE and the OWNER shall be responsible for the long term maintenance and longevity of the mural. The CITY, through its financial contribution, retains no ownership or liability for the ART WORK. b. However, for its contribution, the CITY requires the mural to be maintained in place until November 1, 2006. OWNER and ARTIST's REPRESENTATIVE agree and covenant that they shall maintain the mural in pace until at least November 1, 2006. Said agreement shall be a covenant running with and restricting said land located at 2 South Dubuque Street and legally described above and shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns. This Agreement shall be recorded in the Office of the Johnson County Recorder at City's expense. c. The OWNER and the ARTIST'S REPRESENTATIVE agree that they will not intentionally damage, alter, modify or change the ART WORK without the prior written approval of the CITY. 1.4 Risk of Loss The risk of loss or damage to the ART WORK shall be borne by the OWNER and the ARTIST'S REPRESENTATIVE. Article 2. Compensation and Payment Schedule 2.1 Fixed Fee The CITY shall pay the ARTIST'S REPRESENTATIVE a fee not to exceed Six Thousand Three Hundred Thirty-three Dollars and Forty-eight Cents ($6,338.48) which shall constitute full compensation for all fees, services, expenses, and materials to be performed and furnished by the ARTIST and ARTIST'S REPRESENTATIVE under this agreement. The fee shall be paid in one installment upon execution of this contract. Article 3. Warranties 3.1 Warranties of Title. The ARTIST rapresents and warrants that: (a) the ART WORK is solely the result of the adistic effort of the artist; (b) the ART WORK is unique and original and does not infringe upon any copyright; and (c) the ART WORK is free and clear of any liens from any source whatever. 3.2 Warranties of Quality and Condition The ARTIST represents and warrants that: (a) the execution and fabrication of the ART WORK will be performed in a workmanlike manner; (b) the ART WORK, as fabricated and installed, will be free of defects in material and workmanship, including any defects consisting of inherent qualities which cause or accelerate deterioration of the ART WORK; and (c) the ART WORK can be preserved and maintained in place for a period of at least five years. Article 4. ARTIST as Independent Contractor. The ARTIST and ARTISTS REPRESENTATIVE shall perform all work under this Agreement as an independent contractor and not as an agent or an employee of the CITY. The ARTIST shall not be supervised by any employee or official of the CITY, nor shall the ARTIST exercise supervision over any employee or official of the CITY. Article 5. Termination If any party to this agreement shall willfully or negligently fail to fulfill in a timely and proper manner, or otherwise violate, any of the covenants, agreements or stipulations material to this agreement, the other parties shall thereupon have the right to terminate this agreement by giving written notice to the defaulting party of its intent to terminate specifying the grounds for termination. The defaulting party shall have thirty (30) days after receipt of the notice to cure the default. If it is not cured, then this agreement shall terminate. Article 6. General Terms 6.1. The ARTIST and ARTIST'S REPRESENTATIVE shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts: 6.1.1. 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. 6.1.2. 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. 6.2 Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. 6.3 Upon signing this agreement, the ARTIST and ARTIST'S REPRESENTATIVE acknowledge that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest on behalf of the ARTIST or ARTIST'S REPRESENTATIVE, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory prohibition enumerated in Section 362.5. 4 Adicle 7. Entire Agreement This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Article 8. Modification No alteration, change, or modification of the terms of the Agreement shall be valid unless made in writing and signed by both parties hereto and approved by appropriate action of the CITY. Anna Ullerich ARTIST'S REPRESENTATIVE OWNER - CLIFFORD BUILDING PARTNERSHIP  ATTEST hman, Mayor I ppddir~agt~ulcineacontract.doc City Attorney's Office EXHIBIT "A" Io, a Ave, .e Mural F,-c ec : z 5ouch Dubufiue 5 re t Vision As the Iowa Avenue project draws closer to completion we see a wonderful opporeunitst For the cit~l to add Lo the beaut~l of the prc~ect in a tremendous Stou view the side o~ the building located vi~uall~ in the center of the "LiterorB Walb' at Z south Dubuque 5trc~t, Bou csn see that it Our vision is to crea~e a mural along the entire length of ~hc building ~hat ~aces Iowa Aven.e. This ~.~ ~o. d be done . ~ ve~ ~s~eF.l ~, ~ t~ompe ~ c~e~ion that ~o.ld .so ~ l~nd~c~pe ~nd ~chi{cct~l ~hcme, it~ Foc~. We ~o.ld do ~his b~ hinting ~t scenes ~nd settinSs F~o~ some of o.~ ~vodte novels, poems ~nd child~en's stories. We ~e confident th~ this ~o~Id be ~ ~onde~l ~ddltion to the ~istic bc~t~ of downtown lo~ Cit~ ~s ~ell ~s a positive contribution to ira commercial d~ b.si~ess When We believe so stronglSt in this prefect that we have alreadst begun to archivallst prepare the wall surface and gather our materials and supplies. We will begin painting on August 5 1 ,t, ZOo I. We have had so much positive Feedback From the neighboring businesses and com munitSt at large and suppore From other Iowa C. itst contractors and suppliers that we are hoping we mast complete the mural so that it will coincide with the Iowa Avenue dedication set For October I ,~h. We will maintain a close connection with the media throughout the prc~ect to keep ever,gone abreast of its development and to promote strong local support As the owner of the business "D.Id.ea' and c.rrent tenant at Z 5outh Dubuq.e 5treet l will be contributing appro×imatel9 SZ.SOO.OO to the prc~ect at m~ o~n expense. Several othe~ businesses h~ve co~t,ib~ted seaices, equipment s.pplies, ~ll of ~hich ~e listed on the ~tt~chment. We ~o. Id like ~o~ the Cit9 of Io~ Cit9 to cont~ib.te to ~he p~ect b9 le~slng the exte~io~ ~II s.dace F~om the Finish o.~, in o~de~ to cove~ the ~em~inde~ of the p~ec~ bid price. This lease c~ include a maintenance and cop~qrlght agreement with the arl:ist and an option to renew this lease with the landlord or lesse~ ,~and.,. Navalesi For as long as she is the tenant at Z ,5outh D.buq-e ,Street at a one-time cost oF the cities initial contribution. These monies would go to pacqing the areist For that poreion oF her bid which she has requested pa,,qment above and beyond her own donation. We are ver~t excited about the visibihLq o~c the a~two& and its potential impact on the downtown businesses. Thank ~qou so much For ,?our time in considering this proposal. We are both verdi anxious to 5cc this work comF~leted successrcull~l. We hope ~ou are too! ,~andSt Navalesi Anna LJllerich Au~usL Z I ~ ZOO1 Estimate of cost for the Iowa Avenue Mural rro_ject: z 5o.~h [Z.quipment J~.entah power washer $'H-.O0 paint spra,ger ~Scissor li~ (EJ,,t~,bt- ~)2.~.o0) )oo.oo Materials Cost: ]~rushes (rough stucco requires several) ~.00 ,.~creens ~ .00 Koller Covers ~o.oo Graphite (/2,~Z:D/,~/~z.aq~ · roll. Plastic ~rops )o.oo BIo~-i~ IJ prlmcr ff~.x M~i.~ ~ ~ ~ .oo Duct ~ape Zo.~ Maskin~ [ape I ~xLcrior pain~ I oo,oo ~ubcontractect Labor Cost: ~pra~ prime (De~'o,~ ~azhbn~5 2~.~) no cost A~is~s Assls~an~ C~,,~ {//l~,c~-~.~.~) ZoO0.O0 A~is~s labor ~ooo.oo Overhead expense= 74 oF LoLal (;~n~ [Jll~r~- ~.' g 3.~ z l 6(0.8 ~,c~ubLo~al 'Focal Curren~ Contributions: Vinanci~l Contributions: 5~B N~l~i z~oo.oo Prepared by: David Schoon, Eco. Dev., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5236 RESOLUTION NO. RESOLUTION SELECTING A PREFERRED DEVELOPER FOR THE REDEVELOPMENT OF URBAN RENEWAL PARCEL 64-1A. WHEREAS, on October 2, 1969, the Iowa City City Council adopted Resolution No. 2157 approving the City-University Project I Urban Renewal Plan (Project No. IA R-14), the "Plan", which Plan has been modified and amended from time to time; and WHEREAS, the Plan identifies the disposition of Parcel 64-1 a for redevelopment purposes; and WHEREAS, on March 20, 2001, the Iowa City City Council adopted Resolution No. 01-68, authorizing and directing the solicitation of offers to purchase Urban Renewal Parcel 64-1 a for a Private Redevelopment Project; and WHEREAS, by August 3, 2001, and in response to the City's request for proposals, the City received four development proposals for Parcel 64-1 a; and WHEREAS, Marc B. Moen, Michael S. Moen, and Monica B. Moen submitted a private redevelopmerit proposal for Parcel 64-1a, titled "The Plaza Towers," and which proposal consists of conference facilities, extended stay hotel suites, apartment/condominium units, and commercial space, which specifically includes a grocery store; and WHEREAS, a committee consisting of City staff members has reviewed the proposals and based upon the evaluation criteria in the request for proposal recommends Marc B. Moen, Michael S. Moen, and Monica B. Moen as the preferred developer and their private redevelopment proposal for Parcel 64-1a, "The Plaza Towers," as the preferred development project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. It is in the public interest and consistent with the goals and objectives of the City-University Project I Urban Renewal Plan (Project No. IA R-14) to select Marc B. Moen, Michael S. Moen, and Monica B. Moen as the preferred developer and their private redevelopment proposal for Parcel 64-1 a, "The Plaza Towers," as the preferred development project. 2. The City Manager is hereby authorized to negotiate, for Council approval, an agreement for private redevelopment of Urban Renewal Parcel 64-1 a with the preferred developer, Marc B. Moen, Michael S. Moen, and Monica B. Moen. 3. If a redevelopment agreement has not been executed at the conclusion of 90 days, the City, at its sole option, reserves the right to rescind the designation of the preferred developer or to extend the time period allowed for negotiation and execution of a redevelopment agreement. Passed and approved this day of ,20.__ MAYO R A ~b ATTEST: CITY CLERK It was moved by and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman Q'Donnell Pfab Vanderhoef Wilburn ECODEV~RES\DEV641A. DOC E09-25-01 by: David Schoon, Eco. Dev., 410 E. Washington St., Iowa City, IA 52240 (319): RESOLUTION NO. RE :)N RESOLUTION SELECTING A PREFERRED FOR THE REDEVEI OF URBAN RENEWAL PARCEL 64-1A. WHEREAS, on 2, 1969, the Iowa City City Council ado ~esolution No. 2157 approving the ity Project I Urban Renewal Plan (Project IA R-14), the "Plan", which Plan has been amended from time to time; and WHEREAS, the Plan disposition of Parcel 64-1 a for r, purposes; and WHEREAS, on March 20, Iowa City City Council Resolution No. 01-68, authorizing and directing the 3n of offers to purchase al Parcel 64-1a for a Private Redevelopment Proj WHEREAS, by August 3, 2001 and !sponse to the request for proposals, the City received four development rcel 64-1 a; WHEREAS, Marc B. Moen, Michael S. Monica B. Moen submitted a private redevelopment proposal for Parcel 64-1a, Plaza Towers," and which proposal consists of conference facilities, extended stay I suites, apartment/condominium units, and commercial space, which specifically includes a ~ store; and WHEREAS, a committee consisting of bers has reviewed the proposals and based upon the evaluation criteria in the uest for recommends Marc B. Moen, Michael S. Moen, and Monica B. M as the !rred developer and their private redevelopment proposal for Parcel "The Plaza s," as the preferred development project. NOW, THEREFORE, BE IT RE BY THE CITY IL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. It is in the public consistent with the goals and o1: ~s of the City-University Project I Urban Ren Plan (Project No. IA R-14) to select B. Moen, Michael S. Moen, and Monica as the preferred developer and their redevelopment proposal for Parce3 "The Plaza Towers," as the I project. 2. The City is hereby authorized to negotiate, for Council approval, agreement for private red~ 3ment of Urban Renewal Parcel 64-1 a with the preferred Marc B. Moen, Mic S. Moen, and Monica B. Moen. City of Iowa City MEMORANDUM Date: September 20, 2001 To: City Manager and City Council From: Staff Selection Committee for Parcel 64-1A Re: Recommended Preferred Developer Included in the Council's packet is a chart outlining the attributes of the development proposals for Parcel 64-1A. The City received four proposals, none of which were eliminated in our initial review. Private interviews with each of the proposers as well as public presentations have been completed. Since the initial submissions there have been a few modifications of the original proposals. Therefore, please review the chart carefully since the projects may have changed from your original impressions. _Recommendation The Committee recommends the Moen Group as the preferred developer. Our rationale is presented below If the Council concurs with this recommendation, we will proceed to negotiate a development agreement with the Moen Group. If the Council selects another proposer, we will proceed with negotiations with that entity. As always, the Council may choose none of the proposers and direct us to readvertise, with direction, or take the parcel off the market. Rationale for Recommendation All of the projects were evaluated by us in the context of the criteria generally noted in the Request for Proposals (RFP). Those were as follows: · Quality and creativity of the proposal Compatibility with the objectives of the RFP · Probability of achieving market acceptance · Timeliness of the proposed construction schedule · Price and terms offered · Developer experience and qualifications · Implementation ability of the developer The Moen Group's project contains a mixture of uses consisting of 15,175 square feet of commercial space at the street level; up to 28,000 square feet of conference space on floors 2 and 3; 57 hotel room suites on the 4th through 6th floors; and 55 2-bedroom apartments and condominium units ranging in size from 1,100 to 2,100 square feet in two towers on the 7th through 14th floors. The street level commercial space includes a grecery/deli for which the proposer has a firm commitment from the tenant. This project provides the mix of uses and the architectural distinction sought for this site. The design comes closest to capturing the goal of the RFP for "an imaginative design that will be a striking addition to the downtown." Stepping the building back at the fourth floor leaves a street level scale of building that compliments the library plans and provides an attractive entry to the pedestrian mall. Variation in the plane of the building along the lot line with the pedestrian mall breaks down the mass of the building at the street level and works well with the patio area of the Sheraton Hotel. Provision of an outdoor seating and eating area in front of the grocery/dell adds to the energy of the pedestrian mall. We would work with the architect for the project on some of the design detail of the first three floors. The mix of the uses and the two towers of 13 and 14 stories approaches maximizing the density and intensity of use allowed on the site. None of the project proposals provide dedicated parking for the library. This project provides 20 surface parking spaces to the south of the building, primarily for the grocery use. In addition, there are 74 subterranean spaces for the 55 apartments and condominiums. These spaces will be controlled for use by occupants of the building and will add to the market feasibility of upper-end residential units. Access to parking in the Dubuque Street ramp for library patrons and others is provided in two ways--through an internal connection on the 2nd level that takes one down to the pedestrian mall on an elevator and via a covered walkway along Linn Street. The proposer has also offered a drive-up bookdrop for the library between the building and the parking ramp. Determining market acceptance is always a difficult task. However, we believe the developer has put together a project program that meets four specific market needs--additional hotel rooms in an upscale market niche different from that already found in the market; additional conference space in the downtown; downtown condominiums for an adult population; and a grocery store. This developer has no experience in the hotel/conference center business, but the proposal involves partnering with the Sheraton Hotel for hospitality services and operation of the conference center. The proposer has indicated they are prepared to move forward with the project as soon as the library project allows. Firstar Bank will provide financing for the 2 project and McComas-Lacina will be the general contractor and is ready to begin January 2003. At this point, the Moen Group is offering $250,000 for the site but states that this is negotiable. We would expect to discuss this issue during negotiations on the development agreement. The proposer has suggested the possibility of payment over time for the development rights. TIF financing is also sought for this project to address construction costs. This would entail the sale of TIF bonds with their repayment being made through taxes generated in the TIF district. In evaluating these terms, the Committee has looked at balancing the benefits of this project for the downtown with the financial considerations. This balancing would continue through the negotiation process. We would also expect a greater commitment than the initial offer on the part of the developer to the land cost component. Though of a smaller scale, this developer has demonstrated the ability to construct and manage multi-use projects, such as the Whiteway Building and Brewery Square. They have also had success in a number of renovation projects and enjoy positive public acceptance of their work. This project is very different, particularly in scale. However, the Group presents a well thought out project, with contingencies planned. With some public assistance, the developer appears to have access to the financial resources necessary to complete the project. Overall, we believe the Moen Group proposal adds the most to downtown Iowa City in terms of a signature building with a mix of uses that will add vitality to the downtown, drawing visitors and residents alike. In addition, it will be a financial net benefit to the City over time, adding to the tax base and infusing revenue into the general fund through the motel/hotel tax. The Committee will be available for discussion at your work session on September 24, 2001, should you have any questions about our recommendation. Committee Members Susan Craig Jeff Davidson Joe Fowler Karin Franklin Dale Helling Sarah Holecek Kevin O'Malley Chuck Schmadeke David Schoon PARCEL 64-1A PROPOSALS SUMMARY Proposal ! Project Components Project Cost & Financing Parking & Connections to Ramp & Library Original Town Development LC ~ Stories - 4 Estimated Total Project Cost - $10-12 million On-Site Private Surface Parking None Residential Apts/Condos (Total of 63-66) TIF Financing/Exemption - No On-Site Private w/in Structure Parking - 33, 5-bdrm apts Price Offered - $1,775,000 35 to 95 spaces street level 6 or-15, 4-bdrm apts Option to reconvey 25' back to City 76 to 96 spaces subsurface G-or 12, 2 bdrm apts Lease or sell back the first floor parking area On-Site Public Parking - Potentially up to 95 12, 1 bdrm apts to City. spaces, lease to City at cost of $3-4 per (9-12 of the apts subsidized low-moderate income) space per day. Street-Level Interior Parking/Festival Space or Ped Connection to Parking Ramp - At grade. Commercial space - 9,400 - 11,000 sq.ft (est.) Ped Connection to Library - Yes, at grade. Southgate Development Stories - 10 Estimated Total Project Cost - $25 million On-Site Private Surface Parking - None, Conference facilities - 20,000 sq.ft. lower level with a TIF Financing/Exemption -Yes, "a Include bank drive through facility connection to Sheraton combination of property tax exemptions On-Site Private w/in Structure Parking - None Residential Apts/Condos - Total approximately 80 or abatement to be negotiated." No On-Site Public Parking - None 1 and 2 bdrm. "family-oriented" apts further details provided. Ped .Connection to Parking Ramp Yes, above 2-story luxury condos Price Offered - "Not more than the grade. Commercial space - 80,000 sq.ft (est.) on first 4 appraised value, to be negotiated as a Pad Connection to Library -Yes, above grade levels (Bank, Retail, Office, Restaurant) finaltermofthedevelopersagreement." throughbuildingtostreetlevelortosecond "Purchase price for the land: $500,000" level through a skywalk. The Moen Group Stories - 14 Estimated Total Project Cost - $22.3 million On-Site Private Surface Parking - 20 surface Hotel - 57 suites, extended stay with kitchens, 525 TIF Financing/Exemption - yes, "maximum parking spaces/grocery pick~up. sq.~. TIF financing allowed," Amount not On-Site Private w/in Structure Parking - 74 Conference facilities - Between 20,000-30,000 sq.ft. specified. Seek TIF to help finance up- subsurface parking spaces. on second and/or third level. front construction costs. On-Site Public Parking - None Residential Apt/Condo Units - Total 55 Price Offered - $250,000, "However, we are Ped. Connection to Parking Ramp - Yes, above 44.2-bdrm (1,100 sq.ff.) negotiable on this price." grade, 5, 2-bdrm (1,650 sq.~.) Ped Connection to Library - Yes, street level 4, two-level penthouse units (1,650 sq.ft.) and above grade through building to street 2, two-level penthouse units (2, 100 sq.ft.) level. Commercial space - 18,700 sq.ft, on first level for grocery store, hotel lobby, and additional retail space. Potentially 12,900 sq.~. for commercial office space on third level. Executive Hotel Group, L.L.C. Stories - 10 Estimated Total Project Cost - $22-25 million On-Site Private Surface Parking - 10-13 spaces Hotel - Upscale, full-service property with 144 rooms TIF Financing/Exemption - Yes, "seek for hotel Conference facilities - 15,000-20,000 sq.~. on first maximum amount of tax increment On-Site Private w/in Structure Parking - two levels. financing for our project" Amount not Underground parking for condo owners. Residential Condo Units specified. Seek TIF to help finance up- Number of spaces not specified. - 60, 2-bdrm (1,000-1,200 sq.~.) front construction costs. On-Site Public Parking - None Commercial space - 8,000 sq.~. restaurant. Price Offered - To be negotiated. Ped. Connection to Parking Ramp - Yes, above grade, Ped Connection to Library - Yes, above grade through building to street level. Appraised value of site - $1,771,000 242 Ferson AVe. Iowa City,Iowa 52246 Sept.15, 01 The Iowa City City Council 410 E.Washington St. Iowa City,Iowa 52240 To the City Council: I writing in regard to the final disposition of the remaining urban renewal parcel and wish to submit "my vote" for the Moen proposal which includes a grocery store as well as other well thought out features. As you are well aware, the downtown has hundreds if not thousands of denizens which by design create a high density population which requires food and related basic items. You can't go wrong pro- riding a retail operation which supplies basic necessities and in turn an important "anchor" to the downtown retail mix. FILED 2001 SEP 2 1 PI~ I~: O0 September 19, 2001 CITY CLERK IOWA CITY, IOWA Mayor and City Council 410 East Washington Street Iowa City, IA 52240 RE: Parcel 64-1a Dear Council Members: I am enclosing an outline of items for your review as you consider awarding the development rights for Parcel 64-1a. The outline is broken down into three parts. Part I highlights the advantages of the Original Town proposal. Parts II and III set out questions and potential risks associated with the competing projects. In reviewing this, I encourage the Council to attempt to answer the questions set out in Part II and consider carefully the risks outlined in Part III. I strongly believe that the Original Town proposal has the most to offer Iowa City with the fewest risks. This is the last undeveloped space left in the downtown core and I encourage Council to consider carefully the numerous advantages offered by the Original Town proposal before acting. Ver ruly yours, JAC:jbh Enc. CONSIDERATIONS IN REDEVELOPMENT OF PARCEL 64-1a I. What The OriGinal Town Pro~ect Would Offer Iowa City 1. Would our project OT with 180 parkin~ spaces satisfy a need of the downtown? 2. Would the ODen Air Multi PurDose Convention Center serve to bring locals back downtown (new attraction every day - or even just parking when not scheduled for a function)? 3. Is it true the primary use would be parkinq supporting the downtown business community? 4. Is it true that OT 1st level Darkin~ at various times could be used for: a) Outside conventions b) Library parking and public parking c) Entertainment for all ages (5 yrs. to 100 yrs.)? d) Open air theater for plays e) Movies for kids f) Once a week or month downtown retail merchandise sales g) Dinners - turkey, beef, chicken h) Weddings i) Art shows j) Hobby shows k} Bingo 1) Fund raisers m) Ped mall festivities n) t00 other uses for locals o) Used to attract locals back downtown p) Camp out for the kids q) Rent it out - private use _-m,~ -- r) Flea market s) Various social events t) Farmers market u) Cultural events ~> CD V) Musical concerts w) Next door hotel functions x) Draw people back downtown y) The activity hub of Iowa City z) Parking to support downtown business new and old aa) New attractions everyday bb) Add 180 parking spaces rather than eliminate 80 spaces cc) Attract outside people back downtown dd) An unlimited number of possibilities ee) 14' to 16' ceiling open air convention center 5. Once you have seen a hotel you have seen a hotel - not an attraction. OT would be adding 200 to 300 people to the downtown and to help the downtown. There would be new events to attract people everyday. 6. Would offer 13 different historic facades dated between 1800 and 1900 making the building unique for Iowa City, not just a tall building once seen and forgotten, would help the downtown (something to see) 7. Would offer a total of 180 parking spaces on two levels rather than taking 78 away. Help rather than hurt the downtown businesses. 8. Low to moderate income housing - up to 12 apartments depending on the size of the building. 9. $1.8 million up front. 10. If invested $100,000 to $150,000 interest per year on the $1.8 million. 11. $300,000 to $400,000 land tax revenue per year (no relief requested). 12. No future request for monetary help to keep building above water. 13. OT would fit in, support and compliment the downtown. II. Ouestions Raised Re~ardin~ Competitors Pro~ects Hotel 1. Do we need a limited service hotel downtown? (Super 8) 2. What will a hotel offer the local people of Iowa City? 3. Will a hotel attract local people downtown? 4. Will the increase of Coralville hotels near the mall reduce the number of quests staying in Iowa City hotels? 5. Do we need a one niqht hotel downtown to split available guests - no additional hotel tax? 6. Again, is it true only so many hotel quests stay overnight in Iowa City, and if there are two hotels and they split the guests there will not be more total hotel tax qenerated (the same amount, only split between the two hotels)? 7. Is Coralville building 2 to 6 more hotels in the next 5 years? 8. How can $22 million hotel building compete with a $6-$9 million hotel next door? Conunercial Space CD ~' ~o -- 1. Do we need more commercial space downtown? 2. Will the four floors of commercial rent? 3. will the price of commercial space be too hiqh to rent ($20.00 to $35.00 per sq. ft. compared to $8-$12 existing space)? 4. Will the commercial then be converted to apartments? 5. Are people willing to spend 15 minutes in ramp for Darkinq to buy a loaf of bread or quart of milk, from a downtown grocery store? 6. Are people willing to push a qrocerv cart up to the 5th floor of the parking ramp and then down again? 7. Will the first floor commercial eventually become a bar, a liquor store, and vet another bar? 8. Do we need a grocery store with beer and liquor downtown (called a grocery store)? 9. Do we need another caf~ with bar downtown? High Rise Building 1. Do we need a 10 to 14 story modern looking building among 2 story older historic buildings downtown? 2. Can the fire department efficiently service a tall building with its present equipment (up to 6 or 7 floors - need to come down to 6th or-7th floor for ladder-truck). 3. Can the fire department service a 14 story building - (you can jump from as high as 5th floor with 50% survival)? Streets 1. Is Linn Street wide enough to service another 200 to 400 cars driving around to find parking from new projects: renovation of Old Library, new library, 64-1A building? Will the last of 80 surface parking spaces disappear? 2. Will the stop light at Linn Street and Burlington Street jam up traffic (3 minute wait or longer)? 3. Will the street congestion become a safety issue of the new library for children? 4. Is Linn Street too narrow, too remote, and too contested to have another hotel on it? ~,~ 5. Is Linn Street really a secondary street, not wi n~e~.ngh presently to support current car traffic? Parking 1. Can the Ped Mall survive without the 64-1A surfa~ paring lot? 2. Will the loss of parking on 64-1A affect library patrons? 3. Where will the 200 to 300 more people find parking downtown? 4. Will the overload of Linn Street take Darkin~ from the rest of downtown? 5. Will people eventually become tired of trying to find parking and ~o elsewhere? 6. Will the street markin~ on the west side (200 block) of Linn Street be eliminated (4 to 6 spaces)? 7. Should we close down 64-1A parking for 2 weeks to see the additional traffic problems on Linn Street? 8. Will the downtown have too many cars looking for street parking thus pushing people away from the downtown businesses? 9. Will people sacrifice 15 to 30 ramD minutes to find parking to shop (to buy a loaf of bread or a quart of milk)? 10. Is it true, between the Old Library, the new library, the new 64-1A building and closin~ the markin~ lot, 300 more cars will be searching for parking on Linn Street? 11. Does congested car traffic push people not to come downtown - when only 20 minute ramp parking available? 12. Is 64-tA parking lot often closed because it is full (highly used)? Condominiums 1. Will the price of the condos be too high to sell ($300,000.00 to $400,000.00)? 2. Will the condos then become apartments (rather expensive apartments) ? 3. Will City wide apartment rents have to increase to support this project? It cost more to build heavy construction over light to medium (about 50% more). 4. What will the condos cost S300,000.00 to $400,000.00 Dlus (like in Des Moines, Iowa) ~ ~ ~ 5. Will there be a market for condos in that high DriG~-~an~? Financial ~ ~ 1. Is it true $250,000.00 to $300,000.00 a month revenue is needed to support $25,000,000.00 investment (break even) ? 2. Can Iowa City afford to Give away $1.8 million (appraised value of 64-tA land)? 3. How much interest could be generated on $1.8 million over 10 years? 4. What will we do with the building when it closes? 5. Will the project owners be capable financially to support the uD front waitin~ costs to fill the projects ($1 to $3 million)? 6. Is the project going to support the ~oals of getting local people back downtown? 7. Is this our last chance to support our businesses downtown (parking and attractions to bring people back downtown)? 8. Will the Droiect owners make their money from the construction profit - $3 to $6 million - then let the city have the white elephant a year later? (Get their investment money out up front 10 times over) 9. Is there dropping of various business names that really do not have an interest in coming to Iowa City? 10. What effect will the slowing economy have on the hotel and commercial aspect of this project? 11. Commitment Letter from a Bank for $25 million to pro~ o'.~_ct owner can borrow that sum of money? What goals should the project accomplish L~C~' -- [" 1. Is this project trying to get Iowa City people back ~i~wnt~wn? ~ CD 2. IS it true, where there are local meomle, businesses follow and survive? 3. Will siren corridor affect desirability of this site (fire trucks echo down College Street)? 4. Is this our last chance to iumD start the downtown by attracting people back with something unique (Open Air Convention Center with 180 parking spaces to relieve congestion when not being used for a function)? III. The Downside of Competitors' Ideas 1. No new hotel tax. Split between two hotels. 2. Loss of very popular parking lot. 3. Loss of $1.8 million up-front money. 4. Loss of 10 years of land tax. 5. Invest $250,000.00 and ~et back $2.5 million profit on construction ~f building. 6. City ends up with the building one to two years down the road. 7. Condos = apartments. 8. Hotel rooms = apartments. 9. Commercial units = apartments. 10. Need $250,000 to $300,000 per month revenues to survive on a $25 million building - not possible. 11. Congestion on Linn Street. 12. Unsafe for library children. 13. N__o attractions for local people - hurt, rather than help downtown. 14. Droppin~ names that do not really have an interest. 15. Is this our last chance for downtown? Let's not lose it![ Prepared by: Kumi Morris, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319)356-5044 RESOLUTION NO. 01-310 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO A'I'rEST A CONTRACT FOR CONSTRUCTION OF THE SENIOR CENTER BUILDING ENVELOPE WATERPROOFING PROJECT. WHEREAS, Stumpf Construction of Riverside, Iowa has submitted the lowest responsible bid of $76,892 for construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above-named project is hereby awarded to Stumpf Construction, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 25th day of September ,20 0]- Approved by It was moved by Champ i on 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 X O'Donnell X Pfab ~ Vanderhoef X Wilburn ;ity of Iowa C Zy MEMORANDUM DATE: September 24, 2001 TO: City Council Steve Atkins FROM: Kumi Morris, Architectural Services and Energy Coordinator RE: Senior Center Building Envelope Waterproofing Project The Senior Center Building Envelope Waterproofing Project is a comprehensive project to solve some of the water penetration issues with the Senior Center facility. On September 11th, 2001 the City Council passed a resolution approving plans and specifications for this project. The estimate that we had from the Engineering Consultant at the time of the council meeting was $59,050.00. This estimate included the following: the resetting of both sets of the west side stairs, replacement of the cap stones, tuck pointing the deteriorated grout, caulking around the parapet and repairing the lintels around the windows. Just days before the City Council passed the resolution approving plans and specifications, there was a torrential rain fall. Water entered into the basement (ground) level of the Senior Center building. After further investigation, it became clear that the water was entering at the area behind the stairs. The building perimeter was waterproofed earlier in the summer; with the exception of the area behind stairs, there was no way for the contractor to get to that area without removing the granite stairs and at the time it was not in the scope of the project to reset them. To solve the moisture problems on the lower level an addendum was released which added: waterproofing behind both sets of west stairs, recaulking joints, and new handrails to conform to ADA on the reset stairs. This estimate for this additional work is $15,000.00. This brings our total of the Engineer's estimate to $74,050.00 After 3 contractors artended the pre-bid meeting on September 17th, the City received a single bid at the bid opening on September 24, 2001. The bid was submitted by Stumpf Construction of Riverside, Iowa for the amount of $76,892.00. This also includes an alternate for re-caulking concrete caps on the roof. The bid exceeds the estimate by 2.6%. We are recommending to the City Council to award this project to Stumpf Construction. The bid is within a reasonable range of the Engineer's estimate, is a responsible bid and will be completed within 60 days after construction commences. By rejecting and re- bidding this project, we will incur additional consulting fees and it will not be completed in this construction season. September 24, 2001 Resolution to award on September 25th, 2001 Senior Center Building Envelope Waterproofing Project Comment: The proposed project includes resetting the stones in both the West side stairs and replacing new ADA handrails and waterproofing behind the stairs. The project also includes replacing the cap stones and tuck pointing the deteriorated grout and caulking around the parapet and repairing the lintels around the windows in the Senior Center Building before the heating season of 2001-2002. I 09i2a~01 Prepared by: Kumi Morris, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319)356-5044 \ RESOLUTION NO. RES~O~,UTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO OF THE SENIOR CENTER BUI ENVELOPE WATERPROOFING PROJECT. WHEREAS, of has submitted the lowest responsible bid of $ for construction ect. NOW, THEREFORE, BE BY THE OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the of the project is hereby awarded to the condition that awardee secure adequate performance and ~ent insurance certificates, and contract compliance program statements. 2. The Mayor is hereby and the City Clerk to attest the contract for construction of the above-named subject to the condition that awardee secure adequate performance and insurance certificates, and contract compliance program statements. Passed and approved this of ,20 MAYOR ATTEST: CITY CLERK City Attorney's Office pweng\RES\srctrwaterproofdoc 9/99 ADVERTISEMENT FOR BIDS SENIOR CENTER BUILDING ENVELOPE WATERPROOFING PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2 P.M. on the 24TM day of September, 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. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:00 P.M. on the 25t~ day of September, 2001, or at such later time and place as may be scheduled. The Project will involve the following: Replacement of the cap stones, tuckpointing the deteriorated grout, caulking around the parapet, repairing the lintels around the windows, waterproofing the area behind the west stairs, resetting the stones in both sets of west stairs and new handrails. All work is to be done in strict compliance with the plans and specifications prepared by Van Winkle- Jacob Engineering, of Coralville, iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder falls to enter into a contract within ten (10) calendar days and post bond satisfactory to the City ensuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest ~wo or more bidders may be retained for a period of not to exceed fifteen (15) calendar days until a contract is awarded, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council, and shall guarantee the prompt payment of all materials and labor, and also protect and save R-1 harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the mainte- nance of the improvement for a period of one (1) year from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Start Date: to be scheduled within a week of award Working Days: 60 working days Liquidated Damages: $250 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of Van Winkle-Jacob Engineering, of Coralville, Iowa, by bona fide bidders. A $20 nonrefundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to Van Winkle-Jacob Engineering. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other padies with whom the bidder intends to subcontract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documentation of all reasonable, good faith efforts to recruit MBE's. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa Reciprocal Preference Act applies to the contract with respect to bidders who are not Iowa residents. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARlAN K. KARR, CITY CLERK pweng~res\scbuildingenvelopeadvid.doc 7/01 R-2 Prepared by Andy Matthews, Asst. City Attorney, 410 E. Washington St., Iowa City, IA (319)356-5030 RESOLUTION NO. 01-311 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR TEM]PORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, BILL MII,HALOPOULAS, AND ATLAS WORLD GRILL, INC. D/B/A ATLAS WORLD GRILL, FOR A SIDEWALK CAF!~ WHEREAS, the City of Iowa City is the custodian and trustee of the public right Of way within the City; and WHEREAS, Atlas World Grill, Inc. d/b/a Atlas World Grill, applied for temporary use of the public right-of-way at 127 Iowa Avenue for a sidewalk car6 and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk car6 and found these to be in compliance with the regulations adopted by Ordinance 97-3764; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; and WHEREAS, it is in the public interest to set forth the conditions regarding such use of the public right-of-way, as enumerated in the License Agreement for Temporary Use of Public Right-of-Way (hereinafter "license agreement"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. The Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said license agreement, copy of which is on file with the City Clerk, and direct copies of this resolution together with the application and signed license agreement to the applicant. 2. The City Clerk is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at City expense. Passed and approved this 25~:hdayofSeptember, 2001. CIT~LERK City Attorney' s Offic'~/~'/~e:~' Atlas World Grill Sidewalk Caf~ Res Resolution No, 01-311 Page 2 it was moved by Champion and seconded by Vanderhoef 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 LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND ATLAS WORLD GRILL, INC. D/B/A ATLAS WORLD GRILL FOR A SIDEWALK CAFE ON THE PUBLIC RIGHT-OF-WAY AT 127 IOWA AVENUE, IOWA CITY, IOWA This Agreement is made between Landowner Bill Mihalopoulas, and Tenant Atlas World Grill, Inc., d/b/a/Atlas World Grill, and the City of Iowa City, Iowa, a municipal corporation. WHEREAS, the City of Iowa City ("City") is the owner, custodian and trustee of the public right of way within the City of Iowa City; and WHEREAS, Applicant has applied for temporary use of the public right-of-way as a sidewalk care; and WHEREAS, Applicant has requested to construct anchored fencing around the sidewalk caf~ area; and WHEREAS, City staff have examined the Applicant's request for a sidewalk cafe, and found same to be in substantial compliance with City regulations; and WHEREAS, so long as said proposed use is consistent with the conditions set forth in this Agreement, said use is in the public interest. NOW, THEREFORE, in mutual consideration of the promises herein, Applicant and City agree as follows: 1. Landowner Bill Mihalopoulas owns certain real estate abutting the public right-of-way located in Iowa City, Iowa, at the following street address: 127 Iowa Avenue, Iowa City, Iowa; and Landowner has given Applicant/Tenant permission to operate a sidewalk cafe 2 as herein provided. 2. Applicant/Tenant Atlas World Grill Inc. d/b/a Atlas World Grill (hereafter "Applicant") occupies said real estate abutting the public right-of-way located at said street address, and wishes to use a portion of said right-of-way for location and operation of a sidewalk cafe, as permitted by City regulations. City staff has reviewed Applicant's proposed use of a portion of the right-of-way as set out in the Schematic Diagram, attached hereto as Exhibit A and incorporated by reference herein, and find Applicant's proposed use to be in compliance with the requirements of City Code Section 10-3-3, Use For Sidewalk Cafes. 4. Based on this review, the City now finds Applicant's proposed use of public right-of-way to be in the public interest, and that it is appropriate to permit Applicant's temporary use of the public right-of-way as a sidewalk cafe in accordance with this Agreement, including Exhibit A, and also in conformance with all applicable local regulations concerning sidewalk cafes. 5. City and Applicant agree this Agreement shall be binding upon the successors and assigns of the Parties hereto, provided that no assignment shall be made without the written consent of both Parties to be attached hereto as a formal written Addendum. 6. Applicant acknowledges and agrees that this agreement is limited exclusively to the location, use and purposes listed herein for a sidewalk cafe, that any other uses, locations and purposes are not contemplated herein, and that any expansion of said uses, purposes or locations must be specifically agreed to in writing by the City of Iowa City. 3 7. Applicant further acknowledges and agrees that no property right is conferred by this agreement for the use of portions of the public right-of-way, that the City is not empowered to grant permanent or perpetual use of its right-of-way for private purposes, that the City may order said locations and/or uses within the fight-of-way to cease and desist if, for any reason, the City determines that said right-of-way is needed for a public use and should be cleared of any and all obstructions, and that the Applicant shall not be entitled to any compensation should the City elect to do so. 8. Applicant also agrees to indemnify, defend and hold harmless the City, its officers, agents and employees from and against any and all claims, losses, liabilities or damages, of whatever nature, including payment of reasonable attorney fees, which may arise from the Applicant's use of the public right-of-way arising from this agreement, or which may be caused in whole or in part by any act or omission of the Applicant including their agents or employees. Applicant further agrees to provide the City with a certificate of insurance coverage of the sidewalk cafe required by the City's schedule of Class II insurance coverage. 9. Applicant further agrees to abide by all applicable federal, state, and local laws, and to maintain said sidewalk cafe in accordance with the approved Schematic Diagram contained in Exhibit A. Access and egress routes shall be maintained so that crowd management, security, and emergency services personnel are able to reach any individual without undue hindrance. Applicant shall insure that there are minimum seating clearances of thirty-one (31) inches from each table's edge to the wall, stair nosing or other obstruction and fifty (50) inches from the table's edge to table's edge, adding one-half inch of width for each foot that the farthest chair exceeds twelve (12) feet to an aisle or exit. Applicant shall either remove all outdoor furnishings and equipment when the sidewalk caf~ is not operating, or shall secure them in such a manner that they may not be removed 4 from the sidewalk caf~ area. 10. Applicant agrees that the anchored fencing shall only be installed and removed once in a calendar year, except for repairs which necessitate removal of fencing. Applicant shall have the option of either leaving the anchored fencing in place on a year round basis, or if installed on a seasonal basis, the anchored fencing shall not be permitted on the public right-of-way from December 1't through March 1't, and the anchored fencing shall be removed prior to December 1'~. Applicant shall notify the City Engineer at least five (5) business days prior to the date of installation or removal, specifying the date of such installation or removal, to permit the City Engineer to inspect the installation and removal of the anchored fencing, and to inspect the condition of the right-of-way. Construction of the fencing shall be under the direction and subject to the approval of the City Engineer. Said direction shall consist of inspection of work in progress. Said direction and approval shall not relieve or release the undersigned of its responsibility to construct the fence in accordance with all applicable laws and the approved design. Should the outdoor furnishings and equipment, including the fencing be stored on the premises, Applicant shall obtain prior approval from the City Fire Department as to such storage and storage location, to insure that such storage does not interfere with ingress or egress, fixtures associated with fire detection and suppression, utility shut-offs or use of mechanicel equipment rooms. Applicant shall designate whether it desires to leave the anchored fencing in place on a year round basis or on a seasonal basis by checking the appropriate line item as follows: Applicant desires to use anchored fencing on a year round basis; or X Applicant desires to use anchored fencing on a seasonal basis. 5 Applicant acknowledges and agrees that the City, following staff review, may unilaterally modify this License Agreement pertaining to dates for installation and removal of anchored fencing and may limit the dates upon which anchored fencing may be permitted on the public right-of-way. 11. In the event of a breach of this agreement, the City may, at its sole discretion, elect to give written notice to Applicant to remove all equipment, furniture and/or other objects from the City's right-of-way. In the event Applicant does not comply within the time pedod designated in the written notice, the City may elect to remove, or direct removal of, any obstructions from the right-of-way and charge the cost of such removal and temporary storage to the Applicant and/or landowner. Upon nonpayment of said charges, the removal costs may be certified to Johnson County as a statutory lien and assessed against the property and collected in the same manner as a property tax, as provided in Section 364.12 (2)(e), Code of Iowa (2001). 12. In the event the fencing is removed from the area for any reason including repairs, the right-of-way area and sidewalk must be restored to its odginal condition by the applicant and/or landowner, or under such standards as promulgated by the City Engineer. The applicant and landowner shall be responsible for any damages to the sidewalk caused by the placement of the anchored fencing and/or platform. A deposit of $200 shall be required prior to the placement of the anchored fencing, and shall be returned when the sidewalk is restored to its prior condition as determined by the City Engineer. If the landowner/applicant fails to restore the sidewalk to its prior condition or to the standards promulgated by the City Engineer, the City may do so and apply the deposit to the cost thereof. 13. In consideration for the City's concerns for public safety on the public right-of-way, 6 Applicant specifically acknowledges said safety concems and agrees to refrain from any and all special sales on alcoholic beverages in the sidewalk cafe area (e.g. no "2 for 1" or "happy hour' specials). Applicant also agrees to be responsible for proper education of Applicant's employees to comply with this provision. 14. Should any section of this agreement be found invalid, it is agreed that the remaining portions shall continue in full force and effect as though severable from the invalid portion. Dated this 25th day of September' ,20..Q.Z. CITY OF IOWA CITY, IOWA APPLICANT/TENANT Marian K. Karr, City Clerk By APPLICANT/LANDOWNER By~f By Approved by: City Attor~ey's Offi~:e APPLICANT/TENANT'S ACKNOWLEDGEMENT (Individual) STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this G day of .~'~o~a,~,,,/(~- ,20o/, before me, the undersigned, a Notary Public in and for the State of I personally appeared' :::T~c/( LJ. "~7~E y' , to me personally known, and acknowledged the execution of the foregoing instrument to be his/her voluntary act and deed and by him/her voluntarily executed. '~'1 SONDRAE FORT ~o ~ Commission Number 159791 Notary Public in and for the State of Iowa APPLICANT/TENAN'PS ACKNOWLEDGEMENT (Corporate) STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of , A.D. 20 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared and , to me personally known, who, being by me duly sworn, did say that they are the and , respectively, of said corporation executing the within and foregoing instrument to which this is attached, that (no seal has been procured by the said) corporation; that said instrument was signed (and sealed) on behalf of (the seal affixed thereto is the seal of said) said corporation by authority of its Board of Directors; and that the said and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa 8 APPLICANT/LANDOWNER'S ACKNOWLEDGEMENT (Individual) STATE OF IOWA ) JOHNSON COUNTY ) On this '7 H'~ day of ,20 b/, before me, the undersigned, a Notary Public in an"'aTor the State~ally appeared'~7//(4//1~/o //Jogs , to me personally known, and acknowledged the execution of the foregoing n~strument to be his/her voluntary act and deed and by him/her voluntarily executed. o E. E; . ' '~:RIENER ~Commlssicl!~ -~jmber 155207 of Iowa APPLICANT/LANDOWNER'S ACKNOWLEDGEMENT (Cornorate) STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of , A.D. 20 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared and , to me personally known, who, being by me duly sworn, did say that they are the and , respectively, of said corporation executing the within and foregoing instrument to which this is attached, that (no seal has been procured by the said) corporation; that said instrument was signed (and sealed) on behalf of (the seal affixed thereto is the seal of said) said corporation by authority of its Board of Directors; and that the said and as such officem 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 the State of Iowa 9 CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this ~'~'4-'fA day of ~'f2)TL~n~Z-~('r' , 20o,~/, before me, ,]~'~',~-_~ ,k'- / ~ ~¢ ( ~ , a Notary Public in and for the State of Iowa, personally appeared Ernest W. Lehman, Mayor and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in Resolution No. (:~/-,...~/[ passed by the City Council on the ,~,._.~-fA day of '~..~/O~'n~._lL~r' ,20o._L/, and that Emest W. Lehman and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa My commission expires: o C ~, Revised 6/99 Legal/Andy/Agreernent/Sidewalk Caf6 7-2-01 Atial Wo~d Grltl - Railing Section Detail ~yyyyyyyyyyy~ ~ o TOP ~ OF PO~ '""~ ~ ~" PMN VIEW ~f~~:~::~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~::~..--_ , Prepared by: Mitchel T. Behr, Asst. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030 RESOLUTION NO. 01-312 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATI'EST THE RELEASE OF AN ACCESS, SANITARY SEWER, WATER MAIN, AND UTILITY EASEMENT AND AN ACCESS, WATER MAIN AND UTILITY EASEMENT LOCATED OVER AND ACROSS THE RESUBDIVISION OF LOT 52, WALDEN HILLS, IOWA CITY, IOWA. WHEREAS, various easements were granted to the City over Lot 52, Walden Hills in connection with the final plat of Walden Hills; and WHEREAS, In connection with the subsequent Resubdivision of Lot 52, Walden Hills, new easements were granted to the City and it was determined that the access, sanitary sewer, water main and utility easement and access, water main and utility easement initially granted to the City in connection with the final plat of Walden Hills are no longer required and should be released. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council finds it is in the public interest to release the access, sanitary sewer, water main and utility easement and access, water main and utility easement over and across Lot 52 of Walden Hills granted to the City in connection with the final plat of Walden Hills. 2. The City of Iowa City does hereby abandon, release and relinquish all right, title and interest in the "access, sanitary sewer, water main and utility easement" and "access, water main and utility easement" over and across Lot 52, Walden Hills, as legally described and depicted on the final plat of Walden Hills, as recorded in Plat Book 38, Page 18 of the Johnson County Recorders Office, and as shown as the access, sanitary sewer, water main and utility easement "to be vacated" on the final plat of the Resubdivision of Lot 52, Walden Hills as recorded in the Johnson County Recorder's Office in Plat Book 42, Page 106. The Mayor is hereby authorized to sign, and the City Clerk to attest, a release of said easement sufficient for recordation. 3. The City Clerk is hereby authorized and directed to certify a copy of this Resolution for recordation in the Johnson County Recorder~s Office together with the attached release, said recording costs to be paid by the City. It was moved by Vanderhoef and seconded by 0'Dnnnel 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 Passed and approved this Z5th day of September ,2001. mitch/BNvalden52/access.res.doc Prepared by: Mitchel T. Behr, Asst. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030 RELEASE OF ACCESS, SANITARY SEWER, WATER MAIN AND UTILITY EASEMENT The City of Iowa City, Iowa, does hereby release the property legally described and depicted as "Access, Sanitary Sewer, Water Main, and Utility Easement" and "Access, Water Main, and Utility Easement" over and across Lot 52, Walden Hills, on the final plat of Walden Hills, as recorded in Plat Book 38, Page 18 of the Johnson County Recorder's Office from a lien or cloud upon the title placed thereon by those easements granted to the City of Iowa City, Iowa, through said plat and accompanying instruments. Further, the City of Iowa City, Iowa hereby releases the access, sanitary sewer, water main and utility easement as specifically designated and described as "to be vacated" on the final plat of the Resubdivision of Lot 52, Walden Hills, as recorded in the Johnson County Recorder's Office in Plat Book 42, Page 106, from any and all interests the City of Iowa City may have in said property by operation of the foregoing instruments. The City retains all other easements shown on said final plats not specifically released by this document. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~,q'%ay ofL~/'~P r~P(', 2OOI before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being be me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of the City Council of said municipal corporation; and that the said Ernest W. Lehman and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily executed. Notary Public in and for the State of Iowa mitch/B/waldenS2JacceBsrel o ~ Commition Number~181~ Prepared by: Stephen J. Atkins, City Mgr., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5010 RESOLUTION NO. 01-313 RESOLUTION TO OFFER FINANCIAL SUPPORT TO THE AMERICAN RED CROSS FOR THOSE IN NEED OF ASSISTANCE AND SERVICES AS A RESULT OF ANY ACTS OF TERRORISM. WHEREAS, on the 11th day of September, 2001, a horrific, stunning terrorist attack on the United States occurred; and WHEREAS, thousands of Americans, including spouses, sisters, brothers, and public safety officers perished in this attack; and WHEREAS, we as American citizens and community leaders, pledge our commitment and support to the decisions deemed most appropriate by our federal government in response to the terrorist attack, and WHEREAS, we extend our deepest and most heartfelt sympathy and condolences to the families and communities affected by acts of terrorism; and WHEREAS, the Iowa League of Cities, and the communities represented have pledged to provide emotional, financial and human resource support to New York City, Washington, D.C., and Summerset County, Pennsylvania. NOW, THEREFORE, BE IT RESOLVED THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, pledges $62,200, or one dollar per resident, in financial support to the American Red Cross for those in need of assistance and service as a result of any acts of terrorism. Passed and approved this 25th day of 5'~mber MAYOR 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 X O'Donnell X Pfab X Vanderhoef X Wilburn mgr%n~s\redcrossupt doc City of Iowa City MEMORANDUM ' DATE: September 19, 2001 TO: City Council FROM: City Manager RE: Iowa League of Cities - Aid to Those Affected by Terrorist Attacks At our annual conference of the Iowa League of Cities in Waterloo, a resolution was proposed whereby the Iowa League of Cities pledged its support to the citizens of New York, Washington, and Summerset County, Pennsylvania. Adopted by acclamation was a basic principle of financial support. Iowa cities would contribute one dollar per capita to provide for assistance to those affected by terrorist attacks. In order to fulfill the basic principle of this resolution, I would suggest that if the Council is so inclined to adopt the resolution of support proposed by the Iowa League of Cities, that the American Red Cross be the recipient of any aid from the City of Iowa City. This would allow the one organization to direct our financial contribution in a manner helpful to those affected by terrorist attacks. mgr/mem/redcross dOG