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2012-11-27 Resolution
M� 3d(7) Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 12 -492 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF MORTGAGE FOR THE PROPERTY LOCATED AT 985 LONGFELLOW COURT, IOWA CITY, IOWA. WHEREAS, on October 6, 2008, the owners of 985 Longfellow Court executed a mortgage to secure a loan and a Resale and Occupancy Agreement with the City of Iowa City as part of the Affordable Dream Home Program; and WHEREAS, the owners have repaid the loan on November 21, 2012 and fulfilled the obligations under the Resale and Occupancy Agreement; and WHEREAS, the mortgage should be released. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is authorized to sign and the City Clerk to attest the attached Release of Second Mortgage for recordation, whereby the City does release the property located at 985 Longfellow Court, Iowa City, Iowa from the Second Mortgage recorded on December 3, 2008 at Book 4370, Page 137 of the Johnson County Recorder's Office. 2. The City Clerk is authorized and directed to certify a copy of this resolution for recordation in the Johnson County Recorder's Office, together with the attached Release of Second Mortgage, said recording costs to be paid by the owner. Passed and approved this 27th day of November , 2012. MAYOR ATTEST: id-,�,) /iifit CITY tLERK Approved by City Attorney's Office Resolution No. Page 2 12 -492 It was moved by champion . and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: — x x x x x x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5030 RELEASE OF SECOND MORTGAGE The City of Iowa City, Iowa does hereby release the property at 985 Longfellow Court, Iowa City, Iowa, and legally described as follows: Unit 985 Longfellow Place of Lot 10, Longfellow Manor Condominiums, according to the Declaration thereof recorded in Book 4195, Page 375, Records of the Recorder of Johnson County, Iowa. from a financial obligation of the property owners, Jason A. Auer -Sears and Erin B. Auer - Sears, to the City of Iowa City in the principal amount of $36,250.00 represented by a Second Mortgage recorded on December 3, 2008, Book 4370, Page 137 through Page 143 of the Johnson County Recorder's Office. CITY OF IOWA CITY, IOWA By: Mathew J. Hayek, Mayor By: i 7(� . 946_11t/ Marian K. Karr, City Clerk Approved by City Attorney's Office STATE OF IOWA ) )ss: JOHNSON COUNTY ) *A, �� On this a7 day of 1V�a �5.,,�ci , 2012, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Mathew J. Hayek 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 City Council of said municipal corporation; and that the said Mathew J. Hayek and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed and said municipal corporation, by it and by them voluntarily executed. Oj At SONDRAE FORT i Commission Number 159791 Notary Public in and for the State of Iowa My Commission E�glites OWN d / 3d(2) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 12 -493 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO SUBORDINATION AGREEMENTS BETWEEN THE CITY OF IOWA CITY AND GREAT WESTERN BANK, NORTH LIBERTY, IOWA FOR PROPERTIES LOCATED AT 2022 HANNAH JO COURT, 2030 HANNAH JO COURT, 705 -707 WESTGATE, 1232 ESTHER COURT, 2934- 2936 CORNELL, 125 S. LOWELL, 315 -317 CAMDEN, 2159 -2161 TAYLOR, 2327 -2329 COURT, 1201, 1221, 1241 MOSES BLOOM, 1267 -1269 SWISHER, 1287 -1289 SWISHER, 1301 MUSCATINE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of Mortgages, executed by the owner of the properties, The Housing Fellowship, a /k/a Greater Iowa City Housing Fellowship, for the use of Community Development Block Grant (CDBG) funds and HOME Investment Partnerships funds covering the following described real estate: 2022 Hannah Jo Court 2030 Hannah Jo Court 705 -707 Westgate 1232 Esther Court 2934 -2936 Cornell 125 S. Lowell 315 -317 Camden 2159 -2161 Taylor 2327 -2329 Court 1201, 1221, 1241 Moses Bloom, 1267 -1269 Swisher, 1287 -1289 Swisher 1301 Muscatine WHEREAS, Great Western Bank is financing a loan to the owner on the above properties and is securing the loan with a mortgage covering the properties listed above; and WHEREAS, it is necessary that the Mortgages held by the City be subordinated to the mortgage of Great Western Bank in order to induce Great Western Bank to secure first position on such a loan; and Resolution No. 12 -493 Page 2 WHEREAS, Great Western Bank has requested that the City execute the subordination agreements thereby making the City's liens subordinate to the lien of said mortgage with Great Western Bank; and WHEREAS, there is sufficient value in the above - described real estate to secure the City's position. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA upon the direction of the City Attorney, that the Mayor is authorized to execute and the City Clerk to attest the subordination agreements between the City of Iowa City and Great Western Bank, North Liberty, Iowa. Passed and approved this 27th day of November , 20_IL_, MAYOR ATTEST: CITY CtERK A prove�d bye City Attorney's Office It was moved by Champion and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion x Dickens X Dobyns X Hayek Mims X Payne Throgmorton M9 sa�s� Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 12 -494 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1015 DIANA STREET, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of two Mortgages which were executed by the owner of the property on December 31, 2001, recorded on January 10, 2003, in Book 3457, Page 197 through Page 201; and on January 13, 2003, recorded January 13, 2003, in Book 3458, Page 418 through Page 422 in the Johnson County Recorder's Office covering the following described real estate: Beginning at a point 150 feet south of the northwest corner of Lot 1, Block 5, Lucas Addition to Iowa City, according to the plat thereof recorded in Deed Book 13, Page 580, Records of Johnson County, Iowa, thence south on the west line of said Lot 1, 50 feet, thence east 100 feet, thence north 50 feet, thence west to the place of beginning a distance of 100 feet WHEREAS, University of Iowa Community Credit Union is refinanced a mortgage to the owner of the property located at 1015 Diana Street and is securing the loan with a mortgage covering the real estate described above; and WHEREAS, University of Iowa Community Credit Union has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with University of Iowa Community Credit Union; and WHEREAS, there is sufficient value in the above - described real estate to secure the City position. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the subordination agreement between the City of Iowa City and University of Iowa Community Credit Union, Iowa City, Iowa. Passed and approved this 27th day of November , 20 12 MAYOR Resolution No. Page 2 12 -494 Approved by ATTEST: 9 �� CITftLERK City Attorney's Office It was moved by Champion and seconded by - payne _ the Resolution be adopted, and upon roll call there were: AYES: X _ x x X X _ x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and University of Iowa Community Credit Union, Iowa City, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of certain Mortgages which at this time are in the amount of $10,665.00, and was executed by Cynthia C. Rolfes (herein the Owner), dated December 31. 2001, recorded January 10, 2003, in Book 3457, Page 197 through Page 201; and dated January 13, 2003, recorded January 13, 2003, in Book 3458, Page 418 through Page 422 Johnson County Recorder's Office, covering the following described real property: Beginning at a point 150 feet south of the northwest corner of Lot 1, Block 5, Lucas Addition to Iowa City, according to the plat thereof recorded in Deed Book 13, Page 580, Records of Johnson County, Iowa, thence south on the west line of said Lot 1, 50 feet, thence east 100 feet, thence north 50 feet, thence west to the place of beginning a distance of 100 feet WHEREAS, the Financial Institution has loaned the sum of $48,600 on a promissory note to be executed by the Financial Institution, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortgages held by the City be subordinated to the lien of the mortgage made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Mortgages held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Mortgages of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this a7 day of Naven►6e-r , 20 A� CITY OF IOWA CITY By Mayor Attest: City derk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) FINANCIAL INSTITUTION B Z2QomZ -- >J.,.J Mortgage Loan Officer On this � day of /%oyerr. 6ev— , 20 i2;•- , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared iyl-04,ew -T and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did ay 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 (94m-nee) (Resolution) No. /a 41-9:� passed (the Resolution adopted) by the City Council, under Roll Call No. of the City Council on the a 7 AA day of 20_Z,7 , and that Ma4l- and Marian K. Karr acknowledged the execution of the instrument to be their voluVitary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. i SONDRAE FORT mmis sion Number 159791 My Commission Expires Qr+c 3 poi Notary Public in and for the State of Iowa LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 7th day of November , 2012 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Ryan Doehrmann , to me personally known, who being by me duly sworn, did say that he /she is the Mortgage Loan Officer of University of Iowa Community Credit Union, that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that said Ryan Doehrmann acknowledged the execution of said instrument to be the voluntary act and deed of said corporatioX-4-1 it and b im /her voluntarily executed. Nota Public and for the State of Iowa RA Wj( MAftw 7067 e0 ft My Commission expires: February 21, 2014 _-�► i . EXON 3d(4) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 12 -495 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MIDWESTONE BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 609 MANOR DRIVE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Retention Agreement and Deed Restrictions, executed by the owners of the property on May 8, 2009, recorded on july 17, 2009, in Book 4478, Page 670 through Page 671, in the Johnson County Recorder's Office covering the following described real estate: Lot one Hundred Twenty -five (125), Park View Terrace Subdivision, Iowa City, Iowa, according to the recorded plat thereof. WHEREAS, the Retention Agreement and Deed Restrictions reflect the provisions of the state Jumpstart program, through which the owners received flood rehabilitation assistance; and WHEREAS, MidWestOne Bank has financed a mortgage to the owner of the property located at 609 Manor Drive and is securing the loan with a mortgage covering the real estate described above; and WHEREAS, MidWestOne Bank has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with MidWestOne Bank; and WHEREAS, there is sufficient value in the above - described real estate to secure the City position. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the subordination agreement between the City of Iowa City and MidWestOne Bank, Iowa City, Iowa. Passed and approved this 27th day of November , 20__. MAYOR Approved by Resolution No. 12 -495 Page 2 ATTEST: CITY rLERK City Attorney's Office It was moved by Champion and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns _�_ Hayek - Mims x Payne Throgmorton SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and MidWestOne Bank, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of certain Retention Agreement and Deed Restrictions which at this time is in the amount of $20,004.80, and was executed by Thomas A. Novak and Louise C. Wolf -Novak (herein the Owner), dated May 8, 2009, recorded July 17, 2009, in Book 4478, Page 670 through Page 671, Johnson County Recorder's Office, covering the following described real property: Lot one Hundred Twenty-five (125), Park View Terrace Subdivision, Iowa City, Iowa, according to the recorded plat thereof. WHEREAS, the Financial Institution has loaned the sum of $215,000.00 on a promissory note to be executed by the Financial Institution, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Retention Agreement and Deed Restrictions held by the City be subordinated to the lien of the mortgage made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Retention Agreement and Deed Restrictions held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Retention Agreement and Deed Restrictions of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this d? day of 4o wriber , 20 /a- . CITY OF IOWA CITY By Mayor Attest: N ff / M-1 - - Iml I WARREN MUISKM ""W CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) FINANCIAL INSTITUTION 1'WNISSELair, On this a? day of A)a ,3emb. -r , 20 /a-, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared t4od'hcw and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did ay 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 (Ordinmma) (Resolution) No. /9- 1495 passed (the Resolution adopted) by the City Council, under Roll Call No. of the City Council on the a7 ` day of N owtm b &, - , 20 i�- , and that Ya and Marian K. Karr acknowledged the execution of the instrument to be their vo ntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. SONDRAEFORT S,,,�Ae F� Commission Number 159791 • My com scion tres Notary Public in and for the State of Iowa ,� 7 aoi5 LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this I day of NcWtm4cy- , 20 12 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Co4 I POCrVZ, to me personally known, who being by me duly sworn, did say that he /she is the V ict. Pr2si aml- of Ml d wall ou DW l� that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that said Vitt Pas 1ctall f acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him /her voluntarily executed. 4 CATHERINE M. FRANZ Commission Numtwr ?1 5965 I My C ion Ex i Notary Public in and for the State of Iowa My Commission expires: oq-oq ^2v1V1 12 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 12 -496 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 323 FAIRVIEW, IOWA CITY, IOWA. WHEREAS, on July 13, 2011, the owner executed a Mortgage with the City of Iowa City to secure a loan; and WHEREAS, the loan has been satisfied; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the lien for the property located at 323 Fairview, Iowa City, Iowa from a Mortgage recorded July 20, 2011, Book 4779, Page 597 through 602, of the Johnson County Recorder's Office. Passed and approved this 27th day of November , 20j_Z_. VLSI ATTEST: CITY °LERK Approved by by�� < < -fc6 —ta City Attorney's Office It was moved by cha.pi nn and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion —X Dickens x Dobyns x Hayek Mims —X— Payne —X_ Throgmorton sa�s� Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 Legal Description of Property: see below Mortgagor(s): Julia K. Easley Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the following property located in Johnson County, Iowa City, Iowa, and legally described as follows: Lot 2, in Koser Bros. Subdivision of part of Blocks 5 and 7 of Clark and Borland's Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 3, Page 81, Plat Records of Johnson County, Iowa. subject to: easements, restrictions, reservations and conditions of record, if any, and applicable zoning ordinances of appropriate government authorities. from an obligation of the owner, Julia K. Easley, to the City of Iowa City represented by a Mortgage recorded July 20, 2011, Book 4779, Page 597 through 602, of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ATTEST: ®)7Gl� /, • 9(��2 CITY CLERK STATE OF IOWA ) SS: JOHNSON COUNTY ) MAYOR Approve by C( - ISO` I � City Attorney's Office On this d7 'm day of A3W e"d_y- A.D. 20 i2- , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. la -W adopted by the City Council on the a-1 'A- day. A6_9e 6—r- , 20 /.X- and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ^r SONDRAE FORT _ Commission Number 159791 My Commis 'on Expires Sm^dnw` 3 ao i.5 Notary Public in and for Johnson County, Iowa 11-27-1 11 sa(s) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 12 -497 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST CO., CORALVILLE, IOWA FOR PROPERTY LOCATED AT 1963 CHELSEA COURT, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Forgivable Mortgage, executed by the owner of the property on January 26, 2010, recorded on February 4, 2010, in Book 4554, Page 940 through Page 945, in the Johnson County Recorder's Office covering the following described real estate: Lot 77, Village Green - Part XXIII, Iowa City, Iowa, according to the lot thereof recorded in Book 50, Page 176, Plat Records of Johnson County, Iowa. WHEREAS, Hills Bank and Trust Co. has financed a mortgage to the owner of the property located at 1963 Chelsea Court and is securing the loan with a mortgage covering the real estate described above; and WHEREAS, Hills Bank and Trust Co. has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with Hills Bank and Trust Co.; and WHEREAS, there is sufficient value in the above - described real estate to secure the City position. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the subordination agreement between the City of Iowa City and Hills Bank and Trust Co., Coralville, Iowa. Passed and approved this 27th day. of November , 20_12_. 6!!�� MAYOR ATTEST: 22i,�) CITY ERK City Attorney's Office (Ox, Resolution No. 12 -497 Page 2 It was moved by Champion and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x— Dickens g Dobyns x_ Hayek x— Mims X Payne x Throgmorton SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Hills Bank and Trust, Coralville, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of certain Forgivable Mortgage which at this time is in the amount of $32,400, and was executed by Johnie K. McMahon (herein the Owner), dated January 26, 2010, recorded February 4, 2010, in Book 4554, Page 940 through Page 945, Johnson County Recorder's Office, covering the following described real property: Lot 77, Village Green — part XXIII, Iowa City, Iowa, according to the lot thereof recorded in Book 50, Page 176, Plat Records of Johnson County, Iowa. WHEREAS, the Financial Institution has loaned the sum of $ 12s- 6so-no I on a promissory note to be executed by the Financial Institution, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Forgivable Mortgage held by the City be subordinated to the lien of the mortgage made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Forgivable Mortgage held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Forgivable Mortgage of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. f Dated this 917 day of AVD,)* lnex , 20 i2• . CITY OF IOWA CITY .I Attest: City Jerk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) FINANCIAL INSTITUTION " / lu.e.��/ ,71% On this _ d71 day of Arjutr ex , 20 before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared M4W{ ew —T 444-le- K and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did 6ay 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 (GF&ance) (Resolution) No. passed (the Resolution adopted) by the City Council, under Roll Call No. — of the City Council on the day of Mvey bP►- , 20 ,a- , and that M.4 w ,z/1 and Marian K. Karr acknowledged the execution of the instrument to be their vol ntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. SONDRAE FORT z commission Number 159791 � My com ssion res 7" �a, Notary Public in and for the State of Iowa LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 15� day of "'rtO-VtW , 20 11, , �bj�e��flo,,,,re me, the undersigned, a Notary Public in and for the State of Iowa, personally appeareci/ L&C� Ci�c�611 4 me personally known, who being by me duly sworn, did say that he /she is the VIG@ pr"I &j.-r of F(?llt &Ajc "ft3 t , that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that said \ACC,QVf. 6tUt acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him /her voluntarily executed. EmmyLou L Houston _ Commissior Number 744019 .� My commas= Expires lt� Notary Pubg in and for the State of Iowa My Commission expires: fl. MI) Prepared by: Geoff Fruin, Assistant to the City Manager, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5014 RESOLUTION NO. 12 -498 RESOLUTION AUTHORIZING THE EXECUTION OF A MARKETING AGREEMENT WITH THE IOWA CITY DOWNTOWN DISTRICT WHEREAS, the Iowa City Downtown Self Supported Municipal Improvement District, d /b /a Iowa City Downtown District (hereinafter "the ICDD "), a tax - supported entity representing the Iowa City downtown area, wishes to promote the Iowa City downtown area; and WHEREAS, the City of Iowa City (hereinafter "the CITY ") owns 4 four -sided kiosks located on the downtown pedestrian mall of Iowa City and 1 two-sided kiosk on Iowa Avenue and Clinton Street; and WHEREAS, the purpose of the kiosks is to provide timely, valuable information to downtown visitors; and WHEREAS, the ICDD seeks to use the 4 large, four -sided kiosks located throughout downtown Iowa City and the 1 large, two -sided kiosk on Iowa Avenue and Clinton Street (hereinafter, the five aforementioned kiosks shall be referred to as "the KIOSKS ") to promote downtown Iowa City and will assume responsibility for maintaining and updating the postings on the KIOSKS; and WHEREAS, the CITY also wishes to make available to the ICDD a number of other downtown CITY -owned surfaces, such as elevator lobbies, parking booth exteriors, and stair towers (hereinafter "SURFACES "); and WHEREAS, CITY staff have negotiated the attached Marketing Agreement with the ICDD for management of the named KIOSKS and identified SURFACES; and WHEREAS, nothing in this Agreement will affect the seven smaller kiosks located throughout downtown Iowa City, or any other surfaces, which are not subject to this Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The attached Marketing Agreement with ICDD is hereby approved. The Mayor is authorized to sign and the City Clerk to attest, in duplicate, the attached Agreement. 2. The City Manager, or designee, is hereby authorized to manage the Marketing Agreement, including identifying KIOSKS and SURFACES to be included, negotiating renewal terms, and terminating the Agreement, should the City Manager determine that to be in the best interest of the City. Passed and approved this 27th day of . November , 20_j2__. ATTEST: CITY CLERK Approved by —� Ld City Attorney's Office Resolution No. 12 -498 Page 2 It was moved by miamni on and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: _x x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton Prepared by Eric Goers, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 MARKETING AGREEMENT BETWEEN The IOWA CITY DOWNTOWN DISTRICT and the CITY of IOWA CITY WHEREAS, the City of Iowa City (hereinafter "the CITY") owns 4 four -sided kiosks located on the downtown pedestrian mall of Iowa City and 1 two -sided kiosk on Iowa Avenue and Clinton Street; and WHEREAS, the Iowa City Downtown Self Supported Municipal Improvement District, d/b /a Iowa City Downtown District (hereinafter "the ICDD "), a tax- supported entity representing the Iowa City downtown area, wishes to promote the Iowa City downtown area; and WHEREAS, the purpose of the kiosks is to provide timely; valuable information to downtown visitors; and WHEREAS, the ICDD seeks to use the 4 large, four -sided kiosks located throughout downtown Iowa City and the 1 large, two -sided kiosk on Iowa Avenue and Clinton Street (hereinafter, the five aforementioned kiosks shall be referred to as "the KIOSKS ") to promote downtown Iowa City and will assume responsibility for maintaining and updating the postings on the KIOSKS; and WHEREAS, nothing in this agreement will affect the seven smaller kiosks located throughout downtown Iowa City, which are not subject to this Agreement; and WHEREAS, the CITY also wishes to make available to the ICDD a number of other downtown CITY -owned surfaces, such as elevator lobbies, parking booth exteriors, and stair towers, (hereinafter "SURFACES ") for the same purpose of providing timely, valuable information to downtown visitors. NOW, THEREFORE, in consideration of the promises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: 1. The ICDD will assume the task of updating the information on the KIOSKS and SURFACES in accordance with the terms of this agreement. 2. There shall be no advertising for specific businesses on the KIOSKS or SURFACES. 3. The information posted on the KIOSKS and SURFACES must be pre- approved by the CITY's City Manager's Office prior to being posted, and must meet the following requirements: a. Shall not proselytize a particular point of view or contain political viewpoints or material. b. Shall not contain violent, defamatory, or sexually explicit language or pictures. c. Shall contain the name of the ICDD as the sponsoring organization. d. Shall contain specific information about the activity or event (i.e. time, date, and place) if it is time or date sensitive. e. Shall provide contact information to obtain accommodations, auxiliary aids or services to enable participation by persons with disabilities. f. Shall not directly or indirectly indicate that the participation of persons is unwelcome, objectionable or not solicited because of age, color, creed, disability, gender identity, marital status, national origin, race, religion, sex or sexual orientation. g. Shall not promote tobacco, alcohol or drink specials. h. Shall be updated in a timely fashion such that advertising or promotions are never longer than one week out of date. i. Shall be kept in good condition, and shall be removed or replaced by the ICDD in the event it becomes frayed, torn, defaced, or otherwise not in the exact condition of when it was approved by the CITY. No posting shall remain in place for more than ninety (90) days. 4. If the CITY determines that a posting in a KIOSK is contrary to the terms of this agreement, it may remove the posting and notify the ICDD that it has done so, even if the posting was previously approved by the CITY. 5. The ICDD will assist in the cleaning of the plexiglass covers of the bulletin boards and alert the Central Business District Maintenance staff in the event repairs or replacements of parts are needed. City contacts are the Transportation Services Operation Supervisor: 356 -5098 or the Parks and Recreation Director 356 -5104. 6. The CITY will maintain the structural integrity of the KIOSKS, replace parts or light bulbs as necessary and repaint and refurbish the structures as budgets allow. If painting is scheduled, it may become necessary to temporarily remove the bulletin board display items. ICDD will be given notice regarding any painting and the City will make every effort to complete the painting as quickly as possible. 7. Either the CITY or the ICDD may terminate this Agreement, with or without cause, with 10 days written notice to the other party. Not_ ice shall be effective upon mailing sent to the following: CITY ICDD City Manager Executive Director City of Iowa City Iowa City Downtown District 410 E. Washington St. 141/2 Clinton Street Iowa City, IA 52240 Iowa City, IA 52240 The CITY will provide both the KIOSKS and SURFACES to the ICDD in the manner described herein without the necessity of compensation to the CITY for the period of November 1, 2012 until June 30, 2013. Thereafter, SURFACES will no longer be available to the ICDD without compensation, as agreed to by the parties no later than June 1, 2013. In the event no agreement is reached between the parties for SURFACE compensation by June 1, 2013, the ICDD shall ensure that all postings are removed from all SURFACES no later than June 30, 2013. KIOSKS will continue to remain available to the ICDD without compensation, unless and until this Agreement is terminated. Approved this l I day of I `t D V &W � , 20 1 '2--- CITY Mayor Attest: A,, " � " K - City Cle STATE OF IOWA ) ) ss: JOHNSON COUNTY ) ICDD Nancy Bird, Executive Director CITY ACKNOWLEDGMENT On this a7 � day of /�14J�mber , 2012, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Matthew J. Hayek 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 -. s SONDRAE FORT Commission Number 159791 My Commission Fires s'4+ ow 8,/,7/ aoi6- Notary Public in and for the State of Iowa IOWA CITY DOWNTOWN DISTRICT ACKNOWLEDGMENT STATE OF IOWA SS: JOHNSON COUNTY) On this : �" �h day of/%'l`�'1� , 2012, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Nancy Bird, to me personally known, who being by me duly sworn, did identify herself as Executive Director of the Iowa City Downtown District, and acknowledged the execution of the instrument to be her own voluntary act and deed, and that of the Iowa City DowntoyynDistrigt,, Nl tary'Publicin and for`ffe State of Iow �pR�AG s, LISA WENNLUND �. Commission Number 770839 Approved: My Comroission Expires City Attorney CITY OF IOWA CITY 3a(7) �- MEMORANDUM Date: November 20, 2012 To: Tom Markus, City Manager From: Geoff Fruin, Assistant to the City Manager Re: Marketing' Agreement with the Iowa City Downtown District (ICDD) Introduction: The ICDD recently approached staff with a request to utilize various public spaces for general marketing and promotion of the downtown. Of particular interest are the six city -owned kiosks, as well as select surfaces in parking facilities (elevator lobbies, parking booth exteriors, stair towers, etc.). City staff has worked with the ICDD on an agreement that would permit such marketing with reasonable controls. Discussion of Solutions: The proposed agreement would allow the ICDD to promote the downtown through use of the kiosks and select surfaces in public parking facilities. The agreement requires that such promotion is aimed generally at the district as a whole and it does not permit advertising for specific businesses. All materials must be pre- approved by the City prior to posting. Under the agreement, the ICDD is responsible for posting and general upkeep of the materials and display cases. The City maintains the right to remove any materials that do not comply with the terms of the agreement. Recommendation: Staff recommends approval of the proposed agreement. The use of the public spaces aligns with the City's desire to expand business activity in the downtown and will also help the ICDD in their effort to launch a new marketing campaign. The agreement does not contain a fee for the use of these spaces, however it calls for an agreement on compensation to be reached by both parties if the use of these spaces continues beyond June 30, 2013. Cc: Chris O'Brien, Transportation Services Mike Moran, Parks and Recreation Eric Goers, Legal 11 -27 -12 -4 CITY OF IOWA CITY 3d(8) 'N ®0� MEMORANDUM Date: November 19, 2012 To: Tom Markus, City Manager From: Ron Knoche, City Engineer Re: Water Main Easement Agreement for the Iowa River Water Main Crossings Project — November 27th Agenda Introduction: This resolution will allow for the City of Iowa City to enter into a permanent water main easement agreement with the University of Iowa for water main that was installed on University property as part of the Iowa River Water Main Crossings project. The University has agreed to dedicate the permanent water main easement at no cost to the City. History/Background: The Iowa River Water Main Crossings project installed two new water mains under the Iowa River, replacing existing water mains that were exposed and undermined during the flooding in 2008. The northernmost water main was installed within University of Iowa property on the east and west sides of the Iowa River. Discussion of Solutions: Based on discussions with representatives from the University, the University desires to enter into a formal permanent water main easement agreement with the City. The University has agreed to dedicate the permanent water main easement at no cost to the City. However, the City will be responsible for recording the easement documents, including any recording fees. Financial Impact: There is no cost for entering into the permanent water main easement agreement. The City will be responsible for any document recording fees. Recommendation: Staff recommends entering into the permanent water main easement agreement. Cc: Jason Havel, Civil Engineer Prepared by: Jason Havel, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240, 356 -5410 RESOLUTION NO, 12 -499 RESOLUTION ACCEPTING THE DEDICATION OF AND AUTHORIZING THE MAYOR TO ENTER INTO A PERMANENT WATER MAIN EASEMENT AGREEMENT WITH THE UNIVERSITY OF IOWA FOR THE IOWA RIVER WATER MAIN CROSSINGS PROJECT. WHEREAS, new water main has been installed as part of the City's Iowa River Water Main Crossings Project; and WHEREAS, water main has been installed on University of Iowa property; and WHEREAS, in order to provide for the installation, use and maintenance of said water main, the Owner, the University of Iowa, has agreed to dedicate to the City a water main easement; and WHEREAS, Staff finds it in the public interest to accept the dedication of said easement and enter into an easement agreement with the Owner. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Acceptance of the above - referenced easement is hereby approved and authorized. 2. The Mayor is authorized to sign and the City Clerk to attest in triplicate any and all documentation necessary to effectuate the acceptance of said dedication, including a water main easement agreement in a form approved by the City Attorney, and to record the same at City's expense. Passed and approved this 27th day of November 12012, /mod MAYOR Approved by ATTEST: iTY CLERK City Attorney's Office Resolution No. 12 -499 Page 2 It was moved by Champion and seconded by Resolution be adopted, and upon roll call there were: AYES: x x x x x x x NAYS: ABSENT: the Champion Dickens Dobyns Hayek Mims Payne Throgmorton Doc ID: 022784620010 Type: GEN Kind: EASEMENT Fee Amt: $52/00 /Page It of 1106:05 AM Johnson County Iowa Kim Painter County Recorder SK5027 PG946 -955 Recorder's Cover Sheet Permanent Easement Agreement Between the Board of Regents, State of Iowa and the City of Iowa City for the Iowa River Water Main Crossings Project TITLE OF DOCUMENT: PreparerInformation: David Kieft, UI Business Manager's office, (name, address, phone number) University of Iowa, 2660 University Capitol Centre,Iowa City, IA 52242. Taxpayer Information: University of Iowa, Business Manager's Office (name, address) 2660 University Capitol Centre, Iowa City, IA 52242 Return Address: David Kieft, UI Business Manager's Office, (name, address) University of Iowa, 2660 University Capitol Centre, Iowa City, IA 52242 Grantor(s): Board of Regents, Grantee(s): City of Iowa City, IA State of Iowa, for Use and Benefit of the University of Iowa Legal description: Exhibit B (or page number location) This Easement prepared by University of Iowa Business Managers Office, 2660 UCC, Iowa City, IA 52242 PERMANENT EASEMENT AGREEMENT BETWEEN THE BOARD OF REGENTS, STATE OF IOWA AND CITY OF IOWA CITY FOR THE IOWA RIVER WATER MAIN CROSSINGS PROJECT This agreement is entered into this J y of 7)-eC. 2012, by and between the Board of Regents, State of Iowa for the use and benefit of the University of Iowa ( "University ") and City of Iowa City ( "City "). WHEREAS, City has recently completed a water main project that crosses the Iowa River, which water mains enter upon University land on both sides of the river bank; and WHEREAS, the University and City desire to document the physical location of City's new water main within the area described below and establish the permitted uses and the relative rights and responsibilities of the parties with regard to the easement area; NOW, THEREFORE, The Board of Regents, State of Iowa hereby grants to the City of Iowa City a non - exclusive permanent twenty foot (20') water main easement, consisting of the area outlined and depicted on Exhibit A and legally described on Exhibit B (together the "Easement Area "), subject to the terms, covenants and conditions to wit: 1. Location: The easement granted herein shall be located upon and limited to the tract described and shown as permanent easements on the plat map documents marked Exhibit A and Exhibit B, attached hereto and made a part hereof. 2. Use: Said easement shall be used by City for the purpose of excavating, construction, replacement, maintenance, reconstruction and use as a water main for a public improvement associated with the City's Iowa River Water Main Crossings Project, as the City shall, from time to time, elect to use for the conveyance of water, and all necessary appurtenances for use in connection with adequate protection thereof and also a right -of- way with right of ingress and egress thereto, over, through and across the Easement Area. University further grants to City the following rights in connection with the above uses: The right of grading said Easement Area for the full width thereof and the right to extend the cuts and fills for such grading into and on said Easement Area. b. The right, from time to time, with prior consultation with University, to trim and cut down and clear away trees and brush on the Easement Area which now or hereafter, in the opinion of City in consultation with University, may be a hazard to said Easement Area, or which may interfere in any manner with City's exercise of its rights herein. In the event that trees are cut down or cleared away City shall be responsible for replacing trees with like number and species in consultation with University. In the event University plants any trees, shrubs, or other foliage on the Easement Area after completion of the project, City shall have no obligation to replace the same if City must remove or disturb the trees, shrubs or foliage in the exercise of its easement rights hereunder provided City notifies and consults with University prior to removing or disturbing the trees, shrubs or foliage; The right to enter onto land beyond the Easement Area and conduct emergency repair which may extend minimally beyond the Easement Area, without obtaining a separate temporary easement. City's right to do such work shall be effective only upon City's prior notice to University, and with minimal disruption of area. In the event of such emergency repair, City agrees to restore said area substantially to its prior condition, as set forth in Paragraph 6 below. Access: City's entrance upon University's premises for access to the Easement Area shall be over reasonable routes designated by University officials, and any parts of said premises damaged in the course thereof shall be repaired, replaced or restored by City within a reasonable period of time to substantially the same condition as existed prior to City's entrance. 4. Excavations and Embankments: All ditches, trenches, other excavations, embankments and other areas of fill shall be firmly filled and maintained in such a manner as to present no hazard or obstacle to University's use of the premises for other purposes. 5. Utility Crossings: All crossings of existing water lines, heating tunnels, or other existing University facilities shall be according to specifications and details of the engineer or other University official in charge of such installations, and University shall have the right to construct any such utilities across or through the Easement Area in such manner as not to unreasonably interfere with City's present or future exercise of its rights granted herein. University shall give written notice to City at least 30 calendar days prior to the installation of any such utilities. 6. Restoration and Maintenance: City shall promptly backfill any trench made by it, and repair any damages caused by City within the Easement Area, including any damages by virtue of future excavation or use of the Easement Area. Once the Easement Area has been completely restored to its prior condition and except as expressly provided in this Easement Agreement, City shall have no responsibility for maintaining the Easement Area. City acknowledges and agrees to remove and stockpile existing topsoil from areas to be excavated; and that following installation of the improvement, all areas within the Easement Area which are disturbed shall be spread with topsoil and seeded /paved within a reasonable time after construction is complete and the Easement Area restored substantially to its original condition. Liability: City covenants to indemnify, defend and save the Board of Regents, the University, the State of Iowa, and their tenants, employees, officials, guests and invitees lawfully using said premises, harmless from any and all damages arising from City's use of the premises under the rights herein granted, except such as may be due to unavoidable casualty beyond the City's control and without its fault or such as City may be exempt from under the laws of Iowa. Damages to property of the University, the Board of Regents, the State of Iowa, and its tenants during original construction and subsequent maintenance, repair and use of the premises under this easement shall be repaired, replaced, restored or compensated for by City within a reasonable period of time. 8. Rights Reserved: University reserves the right to full use of said premises for any purpose it sees fit which does not interfere with City's rights herein granted. University may not erect buildings or other above ground structures with the exception of roadway, bikeway, sidewalk or driveway facilities and associated— appurtenances including lighting, which cross the Easement Area, without the consent of City. 9. Consideration: University and City are public entities and no consideration is to be paid from City to University for the easement herein. 10. Duration: This easement is granted and all rights hereunder shall endure for such period of time as they are required and used for the purposes herein described. Whenever said purpose and use shall cease or terminate, all rights granted herein shall terminate and revert to University, and City, at University s option, may be required to abandon said facilities. 11. Assignment Prohibited: This grant is to City only and cannot be assigned in whole or in part to any other party without written consent of University which shall not be unreasonably withheld. Each and all of the above terms, covenants and conditions are of the essence hereof and City, by accepting this instrument, covenants to comply and perform as so specified. City's failure to do so shall entitle the University to terminate all rights hereunder by serving a written notice upon City specifying its defaults, and if City fails to fully comply as obligated herein within a reasonable period of time after said notice, all of its rights, title and interest hereunder shall cease and terminate and the University shall be entitled to full possession of the premises. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK 3 The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto; shall be deemed to apply to and run with the land and with the title to the land; and shall be recorded in the Johnson County Recorder's Office, at City's expense. IN WITNESS WHEREOF, the parties have executed this instrument by their lawfully designated officials as of the date first written above. 17 1 V L 1 I 2 1 91 t i t /_1W i 7 WA By: I C °® "SAS /A Matthew J. Hayek, Mayo By: e?,k"t"' rarian K. Karr, City Clerk BOARD OF REGENTS, STATE OF IOWA Seen and acknowledged: Approved By City Attornoy'ta Offico David W. Kieft University Business Unager ACKNOWLEDGMENT OF THE CITY OF IOWA CITY STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 37 kk day of Mover�be r , 2012, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, and did say 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 by authority of City Council of said municipal corporation, and that said Matthew J. Hayek and Mariam K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation. S o cQnas o 6,Sp41ra =fflDRAEF Notary Public in and for said State z ow ACKNOWLEDGMENT OF THE BOARD OF REGENTS STATE OF IOWA SS: POLK COUNTY 1 On this day of� 2012, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Robert Donley, to me personally known, and who being by me duly sworn, did say that he is the Executive Director of the Board of Regents, State of Iowa; and who is authorized to execute the foregoing instrument to which this acknowledgement is attached by vote of the Board of Regents, State of Iowa at its meeting on the Zwday of December, 2012 and who acknowledged the execution of the instrument to be his voluntary act and deed and the voluntary act and deed of the Board of Regents, State of Iowa. Notary Public in and for said State 1,,iL% RUTH ILENE TUTTLE Commission Number 731888 MY Commission Expires December 9, 2013 EXHIBIT d6f rHGi H. MU I I UP, Y. L.J. 4U! JI a RURL JI. Lfl rVR16 LII I, IV IIfl JVOJI ACQUISITION PLAT FOR THE CITY OF IOWA CITY IOWA CITY, IOWA GuvEN�EtEer 2012 $E R.O.W. CORNER 06 PARE R0. & ftIYERSIDE OR. S. R.O.N. PLAT PREPARED BY AS SHOWN ON RETRACEPENT PARK R0. GREAT PLAINS SURVEY, INC. G ,S/j Ap PLAT. (BK.55, PG.240) ATTN: JEFFREY R. HUTTON, P.L.S. rvo sw•r'+�.r.. rra ,as a rn slal. •c io.,. TIN. 5/8" 'FEAR W/ YELLOW 407 SYCAMORE ST. 1x929,, CAP #8165 LA PORTE CITY, IA 50651 ryuwsse is m7 rl „",r �v. Tau. rnnwrn 1 a r. o,rr r. ma b r ac•� 319.342.4774 S 01 °09'34" E 400.79' OWM1ER: (S 01 °08'56" EI (400.79') STATE OF IOWA FOR THE UNIVERSITY OF IOWA A DATE 06 SURVEY: MARCH 2012 L =166.23' (165.489 R =1065.00 11065.00'1 CHO =166.06' 1165.32'1 CHD BR =5 05 °37'51" E LEGEND IS 05 °36'01" EI ( )= RECORD DISTANCE /SEAAING 0 FOUND %" flEBAR W/ YELLOW CAP 88165 5/8" REBAR V/ I /END. ! YELLOW CAP 88165 SCALE: I" = 100' 1 0' 25' 50' 100' E. R.O.W. S 10 °06'08" E 89.11' LEGAL DESCRPTION: N. RIVERSIDE DR. IS 10 °03'06" E) (88.93'1 A 20.00 FOOT WIDE STRIP OF LAM IN THE SUBOIVISIOI OF OUTLOT 20 WITHIN THE ORIGINAL TOWN OF IOWA CITY, BEING IO.DO FEET EACH SIDE OF TM FOLLOWING DESCRIBED CENTERLINE, COFC MIND AT THE SOUTHEAST RIGHT OF WAY CORNER OF PARK ROAD AM FRO. 5/8" REBAR W/ NORTH RIVERSIDE DRIVE AS SHOWN ON RETRACEMENI PLAT IN BOOK 55, PAGE L =384.98' 1385.10'1 YELLOW CAP 88165 240 IN THE OFFICE 06 THE JOHRGTOI COUNTY RECORDER; THENCE SOUTH 01 °09'34" EAST (SOUTH 01 °08'56" EAST - RECORD) ALONG THE EAST RIGHT R= 1980.00 11480.001 OF WAY OF NORTH RIVERSIDE DRIVE 400.79 FEET (400.79 FEET- RECORD): FND. 5 /B" REBAR W/ WESTERLY( THENCE. 384,98 FEET (385.10 FEET - RECORD) ALOffi THE ARC OF YELLOW CAP 48165 SAID CH9VE AND SAID EAST RIGHT OF WAY WITH A CHEM THAT BEARS SOUTH 7 02 °34'50" EAST, 383.89 FEET (SOUTH 02 °35'50" EAST, 384.02 FEET - RECOROL THENCE SOUTH 04 °50'37" WEST (SOUTH 0051'25" WEST - RECORD), 536.65 N 538.65 FEET (538.63 FEET - RECORD); THEME CONTINUING ALCNG SAID EAST RIGHT OF WAY SOUTH 04 °50'37" WEST (SOUTH 04 °51'25" WEST) 3)2.98 FEET 10 THE i" N) (53B.63'1 POINT OF DE616OM; (HENCE NORTH 88°1255" EAST, 165.10 FEET, THENCE END. 5/8" REBAR W/ SOUTH 56 °13'27" EAST, 46.29 FEET; THENCE SOUTH 68 °03'39" EAST, 200.76 YELLOW CAP #8165 -FEET MARE OR LESS TO THE WESTERLY BANK OF TIC IOWA RIVER, CONTAINING 8243 SQUARE FEET, PORE OR LESS, I W 312.98 N BB °12'55" E 165.10' 5" WI S 56 °13'27' E 46.29' S 68 °03'39" E 200.76'1 GUNNING [PROPOSED — WATER PAIN 20.00' WIDE PERMANENT WATER MAIN EASEMENT WtY BARK 10-WA RIVER v�Q rQ ie Great Plall n5 Survey, Inc. 1 of 1 4AN01 1'�F+r [dHrs o "r rnlr ,ati .wnlm A� -�*�r .�e VWHwIN r•w:r4 mr.W xrt .cs q FV., G ,S/j Ap e,.:ol INr a '^f y Cs/6w1 ew°<.Him w om a lr I . =yF• I cst rvo sw•r'+�.r.. rra ,as a rn slal. •c io.,. J EHU7ET0R. °� � �•>:(. i.1b4 -+ I�L� 51 II 1x929,, ,,Err 1F—i n Ivlma LK111 11111 * IDN A�� * ryuwsse is m7 rl „",r �v. Tau. rnnwrn 1 a r. o,rr r. ma b r ac•� v�Q rQ ie Great Plall n5 Survey, Inc. 1 of 1 \ \,] \ \ - -. -- -- MADISON ST. \ \§ (§ \ � !2, :\ © ~( / « \ 2 j\ ~ - lr ;;§� / WT !Sl.yQ9 � \ a El ; _ (( §) §§ � m © ~( \ / « 2 j\ ~ - lr ;;§� / WT !Sl.yQ9 � \ a El ; _ (( §) §§ � m © ~( \ ®p ea LEGAL DESCRPTION: A 20.00 FOOT WIDE STRIP OF LAND IN THE SUBDIVISION OF OUTLOT 20 WITHIN THE ORIGINAL TOWN OF IOWA CITY, BEING 10.00 FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE, COMMENCING AT THE SOUTHEAST RIGHT OF WAY CORNER OF PARK ROAD AND NORTH RIVERSIDE DRIVE AS SHOWN ON RETRACEMENT PLAT IN BOOK 55, PAGE 2401N THE OFFICE OF THE JOHNSTON COUNTY RECORDER; THENCE SOUTH 01 °09'34" EAST (SOUTH 01 °08'56" EAST - RECORD) ALONG THE EAST RIGHT OF WAY OF NORTH RIVERSIDE DRIVE 400.79 FEET (400.79 FEET- RECORD); THENCE TO THE BEGINNING OF A 1065.00 FOOT RADIUS TANGENT CURVE CONCAVE EASTERLY; THENCE 166.23 FEET (165.48 FEET - RECORD) ALONG THE ARC OF SAID CURVE AND SAID EAST RIGHT OF WAY WITH A CHORD THAT BEARS SOUTH 05 °37'51" EAST, 166.06 FEET (SOUTH 05° 36'01" EAST, 165.32 FEET - RECORD); THENCE SOUTH 10 °06'08" EAST (SOUTH 10 °03'06" EAST - RECORD), ALONG SAID EAST RIGHT OF WAY 89.11 FEET (88.93 FEET- RECORD) TO THE BEGINNING OF A 1480.00 FOOT RADIUS NON- TANGENT CURVE CONCAVE WESTERLY; THENCE 384.98 FEET (385.10 FEET- RECORD) ALONG THE ARC OF SAID CURVE AND SAID EAST RIGHT OF WAY WITH A CHORD THAT BEARS SOUTH 0294150" EAST, 383.89 FEET (SOUTH 02 °35'50" EAST, 384.02 FEET - RECORD); THENCE SOUTH 04 °50'37" WEST (SOUTH 04 °51'25" WEST- RECORD), 538.65 FEET (538.63 FEET- RECORD); THENCE CONTINUING ALONG SAID EAST RIGHT OF WAY SOUTH 04 °50'37" WEST (SOUTH 04 °51'25" WEST) 312.98 FEET TO THE POINT OF BEGINNING; THENCE NORTH 88 012'55" EAST, 165.10 FEET; THENCE SOUTH 56 °13'27" EAST, 46.29 FEET; THENCE SOUTH 68 °03'39" EAST, 200.76 FEET MORE OR LESS TO THE WESTERLY BANK OF THE IOWA RIVER, CONTAINING 8243 SQUARE FEET, MORE OR LESS. w EXHIBIT a LEGAL DESCRIPTION: A 20.00 FOOT WIDE STRIP OF LAND WITHIN AUDITORS PARCEL No. 2000015 AND AUDITORS PARCEL No, 2000012 BEING 10.00 FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE, COMMENCING AT THE SOUTHWEST CORNER OF LOT 8 BLOCK 100, ORIGINAL TOWN OF IOWA CITY, IOWA; THENCE NORTH 00 °45'24" WEST ALONG THE WEST LINE OF SAID LOT 8, A DISTANCE OF 45.23 FEET; THENCE NORTH 90 °00'00" WEST, 49.60 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 90 °00'00" WEST, 19.98 FEET; THENCE NORTH 68 °03'39" WEST, 90.77 FEET MORE OR LESS TO THE EASTERLY BANK OF THE IOWA RIVER AND THE WESTERLY LINE OF AUDITORS PARCEL No. 2000012, CONTAINING 2215 SQUARE FEET, MORE OR LESS. M+� Prepared by: Ben Clark, Special Projects Administrator, 410 E. Washington St., Iowa City, IA 52240; (319) 356 -5436 RESOLUTION NO. 12 -500 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AMENDMENT #2 TO THE JANUARY 25, 2011 AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND H.R. GREEN TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE ROCKY SHORE LIFT STATION AND FLOOD GATE PROJECT. ._ :& I a". - WHEREAS, the City of Iowa City entered into a contract on January 25, 2011 for consulting services with H.R. Green of Cedar Rapids, Iowa, to provide design services for the Rocky Shore Drive Pump Station and Floodgate Project; and WHEREAS, the City of Iowa City desires to revise the storm pump station location to be north of the CRANDIC right -of -way and northwest of Rocky Shore Drive; and WHEREAS, evaluation of the geotechnical conditions at the new site is necessary; and WHEREAS, Consultant is willing to perform this additional work for an increase in their fee and extension of the schedule for completion; and WHEREAS, funds for this project are available in the Rocky Shore Pump Station and Flood Gate account #3964. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Consultant's Agreement Amendment attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement Amendment. Passed and approved this 27th day of November _,2012. MAYOR Approved by ATTEST: CITY RK City Attorney's Office / Resolution No. 12 -500 Page 2 It was moved by Champion and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: x x —x x x x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton HRGreen CONSULTANT AGREEMENT ROCKY SHORE STORMWATER PUMP STATION AND FLOOD GATE AMENDMENT NO. 2 THIS AMENDMENT No. 2 to the January 25, 2011 CONSULTANT AGREEMENT for the Rocky Shore Stormwater Pump Station and Flood Gate Project by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and HR Green, of Cedar Rapids, IA hereinafter referred to as the Consultant, is made and entered into this d7 °'k day of Albu-etnber, 2012. WHEREAS, the City desires to revise the storm pump station location to be north of the CRANDIC right - of -way and northwest of Rocky Shore Drive; and WHEREAS, evaluation of the geotechnical conditions at the new site is necessary; and WHEREAS, Consultant is willing to perform this additional work for an increase in their fee and extension of the schedule for completion. NOW THEREFORE, it is agreed by and between the parties hereto that the parties do now agree to the following amendments to the January 25, 2011 Consultant Agreement: SCOPE OF SERVICES Geotechnical Investigation Terracon, the geotechnical subconsultant, will evaluate the pertinent geotechnical conditions at the site via field work and laboratory testing, and provide a report containing engineering analysis and recommendations for the design and construction of foundations and floor slabs, as well as site preparation and earthwork. Terracon will perform two (2) soil borings and five (5) auger probe borings. Ill. TIME OF COMPLETION The amended Geotechnical Investigation shall be completed within three (3) weeks of Notice to Proceed, if site and weather conditions permit. Final bid documents will be submitted to the City and permit agencies four (4) weeks after receipt of the Geotechnical Investigation Report. The remaining schedule is summarized below: 1. Notice to Proceed — NTP ......................... ............................TBD by City 2. Geotechnical Investigation — GI .................. ............................... 3 Weeks after NTP 3. Submit final documents to City and permit agencies ..................... 4 Weeks after GI 4. Distribute bid documents ............................... ............................... 5 Weeks after GI III. COMPENSATION FOR SERVICES In consideration for the above - described change in the Scope of Services, the Consultant's total time and materials basis fee is hereby increased by $9,900 to $704,000. IV. All other provisions of the January 25, 2011 Consultant Agreement not specifically amended herein shall remain in full force and effect. FOR THE CITY By: 4 Matthew J. Haye Title: Mayo Date: Nov ern he-r a7_ :;vl a-- ATTEST: City Clerk Amendment No.2 to Consultant Agreement Rocky Shore Stormwater Pump Station and Flood Gate Page 2 of 2 FOR THE CONSULTANT By:� Title: W Date: if hr/1 a• Approved by: City Attorneys Office / /—/2? Date r CITY OF IOWA CITY 3d(9) MEMORANDUM Date: November 19, 2012 To: Tom Markus, City Manager From: Ron Knoche, City Engineer 12W Re: Rocky Shore Drive Pump Station and Floodgate Project Consultant Contract Amendment Introduction Our consultant, H.R. Green, is busy finalizing the design of the Rocky Shore Drive Pump Station and Floodgate Project. The initial geotechnical investigation found that the subsurface soils and depth to bedrock are variable across the site. Additional soil borings are necessary to complete the design. History /Background The Rocky Shore Drive Pump Station and Floodgate Project is part of Iowa City's flood recovery effort and is intended to reduce impacts of future floods on nearby properties and critical infrastructure along Highway 6 that were flooded in 1993 and 2008 and is part of a series of collaborative and interdependent projects that will protect properties in Iowa City and Coralville and University of Iowa facilities. It will involve the installation of permanent, automatic pumps to an existing stormwater structure located near the intersection of Rocky Shore Drive and Highway 6. The project will also include the installation of a floodwall and flood gate system across the Rocky Shore Drive viaduct. Discussion of Solutions The additional soil borings will provide a more detailed evaluation of the geotechnical conditions across the site. This is necessary so that groundwater cut -off walls and the pumping station foundations can be more accurately designed; thereby reducing the potential for extra costs associated with future change orders. The extra work will increase the contract fee by $9,900 and extend the contract period by three weeks. Financial Impact Funding for this project was received through an Iowa Economic Development Authority (IEDA), Community Development Block Grant (CDBG). The legislation providing the disaster recovery funding is the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act of 2009 (Pub. L. 110 -329). The increase in fee will be covered by the grant. Recommendation Staff recommends approving the contract amendment. Cc: Rick Fosse, Public Works Director Ben Clark, Special Projects Administrator L 1( sa(1;o) Prepared by: Susan Dulek, Ass't. City Atty., 410 E. Washington St., Iowa City, IA 319- 356 -5030 RESOLUTION NO. 12 -501 REOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT WITH MIDWESTONE BANK FOR PROPERTY LOCATED AT 894 MCCOLLISTER COURT. Comment: The City provided the owner with a loan to purchase a home through the "Homes for the Future" program and secured the loan with a mortgage. The owner is refinancing to obtain a lower interest rate and the lender is requesting that the City subordinate its loan. Staff recommends approval. WHEREAS, the current owner of 894 McCollister Court granted the City a mortgage to secure a loan to purchase the property "Homes for the Future" program; WHEREAS, the owner is refinancing the primary loan with MidWestOne Bank to obtain a better interest rate; and WHEREAS, MidWestOne Bank requests that the City's mortgage be subordinated to its loan, which is the City's original position. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is authorized to execute and the City Clerk to attest the attached subordination agreement between the City of Iowa City and MidWestOne Bank. Passed and approved this 27th day of November , 2012. I LTA FAY ATTEST: 2 ,� -k - CITY ERK Approved by City Attorney's Office Resolution No. 12 -501 Page 2 It was moved by Champion and seconded by Resolution be adopted, and upon roll call there were: AYES: x_ x x x — x x x NAYS: Pavne the ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and MidwestOne Bank, herein the Financial Institution. WHEREAS, the City is the owner and holder of certain mortgage which at this time is in the amount of $58,000 and where executed by Shelly Troyer (herein the Owner), dated July 16, 2009, recorded July 23, 2009, in Book 4482, Page 325, Johnson County Recorder's Office, covering the following described real property: Lot 46, Sandhill Estates — Part One, Iowa City, Iowa according to the plat thereof recorded in Book 47, Page 230, Plat Records of Johnson County, Iowa. WHEREAS, the Financial Institution proposes to loan the sum of $58,000.00 on a promissory note to be executed by the Financial Institution and the Owner, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the mortgage held by the City be subordinated to the lien of the mortgage made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted mortgage held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the mortgage of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this -d7 day of 2012. CITY OF IOWA CITY By i�A � Matthew J. Hayek, Mayk Attest: / tc . kM4- City rk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) FINANCIAL INSTITUTION L:0; r o Wit" On this —7 day of &)ayenRey- , 2012, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Matthew J. Hayek 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. idt --So I passed (the Resolution adopted) by the City Council, under Roll Call No. of the City Council on the a,7 "{ day of No ,, t"e-" -- , 2012, and that Matthew J. Hayek 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. off' u SONDRAE FORT �ar- Commission Number 159791 • My Commisslon EVIres Notary Public in and for the State of Iowa LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this i day of A0jemr tr- , 2012, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared km 00 eqL to me personally known, who being by me duly sworn, did say that he /she is the V ca Q&* t.t of MidwestOne Bank, that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that said V:L& Nts:k*. acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him /her voluntarily executed. Q Notary Public in and for the State of Iowa My Commission expires: '� (� DANIEL POSSEHL o y Commission Number 766236 %Wp. My Commission Expires (-(f Q Notary Public in and for the State of Iowa My Commission expires: '� (� sd(11) Prepared by: Sara Greenwood Hektoen, Assistant City Attorney, 410 E. Washington St., Iowa City, Iowa 52240, 319 - 356 -5030 RESOLUTION NO. 12 -502 RESOLUTION DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403.19 FOR THE 2012 END OF YEAR CERTIFICATION OF URBAN RENEWAL PROJECTS WHEREAS, the City of Iowa City, Iowa, has established the various urban renewal plans for certain urban renewal areas (the "Urban Renewal Areas ") and is undertaking certain projects within the Urban Renewal Areas (the " Projects "); and WHEREAS, the City has incurred indebtedness and advanced funds for the cost of one or more Projects as shown on Exhibit A -E, attached hereto; and WHEREAS, it is the intention of the City to certify the amount so incurred and advanced, together with interest, for reimbursement under Iowa Code Section 403.19. NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Iowa City, Iowa, as follows: Section 1. There has been established separate tax increment revenue funds for the City - University Project 1 Urban Renewal Area; the Riverside Drive Urban Renewal Area, the Scott-Six Urban Renewal Area; the Sycamore and First Avenue Urban Renewal Area; and the Towncrest Urban Renewal Area (collectively the " Tax Increment Funds "), into which all incremental property tax revenues received from the respective urban renewal areas are deposited. The Council finds the Projects identified in Exhibits A -E to be Urban Renewal Projects as defined in Iowa Code Chapter 403 and directs that the amounts specified in said exhibits be certified for reimbursement under Iowa Code Section 403.19. Section 2. The Clerk and other City officials having responsibility for the books and records of the City shall take such actions as are necessary to comply with this Resolution, including but not limited to, certification for reimbursement under Iowa Code Section 403.19. ADOPTED AND PASSED on this 27th day of November , 2012. MAYOR IVAQ ATTEST: Approved by: City Attorney's Office Resolution No. Page 2 12 -502 It was moved by Champion . and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _ X Champion x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton Exhibit A City- University Project 1 URA PROJECT Amount to certify Approval /Date City - University Project 1 $ 3,910,325.29 Dev. Agr. Res #12 -154 (4/3/2012) and Res. To approve bond issue Park a- 201 $ 3,682,721.03_ (11/13/2012) Administrative expense (FY12) _ $ 17,072.28 res # 11/27/12 Planning - proportional share of HDR _ expenses — _ $ _ _ _143,406.98 res # 11- 230_(7/5/2011 Environmentla Site Assessment, Public Works contracts (5/10/12; Survey College/Gilbert $ 22,000.00 5/18/12; 2/16/12 Environmental Site Assessment, Public Works contracts (1/12/12; iSurvey Riverside/Hwy 6 $ 45125.00 4/25/12 12.1.12 TIF debt certification Exhibit B Riverside Drive URA PROJECT Amount to certify Approval/Date Riverside Drive $ 21,141.02 Planning - proportional share of HDR expenses $ 21,033.02 res # 11 -230 (7/5/2011) Administrative expenses (FY12) 1 $ 108.00 1 res # (11/27/12) 12.1.12 TIF debt certification Exhibit C Scott -Six URA PROJECT Amount to certify Approval /Date Scott-Six $ 1,513,882.92 Rail sidings and spur $ 1,267,177.20 res # 12 -224 (5/1/2012) Compass Drive Warning Signal project $ 243,601.34 Public Works contract (9/6/2011) Administrative expenses (FY12) $ 3,104.38 res # (11/27/12) 12.1.12 TI debt certification Exhibit D Sycamore and First Avenue URA PROJECT Amount to certify Approval /Date Sycamore and First Avenue $ 500,000.00 7 Portion of reconstruction of Lower Muscatine $ 500,000.00 res # 12 -472 (11/13/2012) 12.1.12 TIF debt certification Exhibit E Towncrest 12.1.12 TIF debt certification Amount to URA PROJECT. certify Approval /Date Towncrest $ 93,370.00 Purchase of former Kerr McGee corner parcel at SW corner of 1st Ave and Muscatine $ 93,370.00 res # 12 -183 (4/17/2012) 12.1.12 TIF debt certification CITY OF IOWA CITY 31,12) ®� MEMORANDUM Date: November 13, 2012 To: Tom Markus, City Manager From: Karen Jennings, Human Resources Administrator Re: Reclassification of Receptionist — Senior Center position Introduction: A request for reclassification of the Receptionist — Senior Center position (AFSCME grade 1) was submitted to Human Resources on October 4, 2012. This is a half -time position. History/Background: The AFSCME collective bargaining agreement establishes a procedure for review of reclassification requests by a ten member union - management committee. The committee uses the Austin - Peters evaluation instrument used in the City's 2006 classification study in analyzing reported changes to positions under review since the time of the classification study. Decisions of the committee are passed upon a simple majority of its members and subject to City Council approval. Discussion of Solutions: The Classification Review Committee met on Friday, November 9, 2012 to review the reclassification request for the half -time Receptionist — Senior Center position. The request was submitted by the employee presently holding the position. Both the employee and her supervisor were present at the meeting to answer questions from committee members before being excused to allow the committee to conduct deliberations in closed session. The committee evaluated the changes to the duties and requirements of the position since the 2006 classification study and determined that the position warranted a higher score with regard to the compensable factors used in the classification instrument. Financial Impact: The adjusted score for the Receptionist — Senior Center position now falls within the score range for AFSCME grade 2. This is a half time position. The cost of reclassifying the position from AFSCME grade 1 to AFSCME grade 2 is approximately $820.00 annually based on Fiscal Year 2013 wages. Recommendation: The Classification Review Committee recommends that City Council approve the reclassification of the half -time Receptionist — Senior Center position from AFSCME grade 1 to AFSCME grade 2. M47 Prepared by: Karen Jennings, Human Resources, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5025 RESOLUTION NO. 12 -503 RESOLUTION AMENDING THE AFSCME PAY PLAN BY RECLASSIFYING THE POSITION OF RECEPTIONIST — SENIOR CENTER FROM GRADE 1 TO GRADE 2 WHEREAS, Resolution No. 12 -151 adopted by the City Council on April 3, 2012, established a classification /compensation plan for AFSCME employees; and WHEREAS, a written request was made for review of the classification of the position of Receptionist — Senior Center as allowed under the AFSCME collective bargaining agreement; and WHEREAS, the AFSCME Classification Review Committee has reviewed the duties and requirements of the Receptionist — Senior Center position and determined that they are comparable to those of positions in pay grade 2 of the AFSCME pay plan. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The AFSCME pay plan be amended by moving the position of Receptionist — Senior Center from grade 1 to grade 2. Passed and approved this 27th day of November 20__L2_. ATTEST: �? �C _ °%� CITY LERK MAYOR A City Atto ey' ffic f / -iS -1L It was moved by Champion and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: g Champion _ Dickens Dobyns Hayek X Mims g Payne x_ Throgmorton 3d(13) �. *, CITY OF IOWA CITY MEMORANDUM Date: November 19, 2012 To: Tom Markus, City Manager From: Sam Hargadine, Chief of Police Re: Staffing Increase Request Introduction: The Iowa City Police Department is requesting a staffing increase of two full time officers to be in compliance with the COPS grant award. History/Background: The Iowa City Police Department currently has an authorized staffing level of eighty (80) officers. As you are aware the recently awarded COPS grant requires the hiring of two additional officers. These officers need to be veterans with combat experience. The department has completed background investigations on two potential candidates who meet this requirement and feel they would make excellent officers. A basic academy training class starts January 14, 2013 and we have slots reserved in that class. Discussion of Solutions: To meet the terms of the grant two full time officers will need to hired and the staffing level increased to eight -two. (82) Financial Impact: The grant will pay for 75% of the salaries and benefits for both officers starting pay for three years, up to $125,000 per officer. The City will be responsible for an salary or benefit increase during those three years and will maintain the two positions for a fourth year. Recommendation: I am now requesting from the Council that they approve an increase in our authorized staffing level to eighty -two (82) officers to comply with the COPS grant requirement. ")d 0 3) RESOLUTION NO. 12 -504 CONSIDER A RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE IOWA CITY POLICE DEPARMENT BY ADDING TWO FULL -TIME POLICE OFFICER POSITIONS WHEREAS, Resolution No. 12 -101, adopted by the City Council on March 6, 2012, authorized budgeted positions in the Police Department for FY13; and WHEREAS, Resolution No. 12 -395, adopted by the City Council on August 8, 2012, authorized acceptance of the COPS grant for FY13; and WHEREAS, Conditions of that grant require increasing staffing from the current authorized level of eighty (80) to eighty -two (82) full -time Police Officer positions; and WHEREAS, The Police Department has identified two individuals who meet the requirements of the grant and wish to complete the hiring process. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The budgeted positions in the Police Department be amended by adding two full -time Police Officer positions and increasing currently authorized staffing from eighty (80) to eighty -two (82) positions. Passed and approved this 27th day of November , 2012. ATTEST: 2u ?oe- CITY CLERK I Resolution No. 12 -504 Page 2 It was moved by Champion and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton M,� Prepared by: Melissa Clow, Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)356 -5413 RESOLUTION NO. 1 ? -9ns RESOLUTION SETTING A PUBLIC HEARING ON DECEMBER 4, 2012 ON PLANS, SPECIFICATIONS, AND ESTIMATE OF COST FOR THE CONSTRUC- TION OF THE ROCHESTER AVENUE BRIDGE OVER RALSTON CREEK PRO- JECT (f /k/a THE ROCHESTER AVENUE BRIDGE REPLACEMENT PROJECT), DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. �d( /1/) WHEREAS, funds for this project are available in the Rochester Avenue Bridge account # 319. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above - mentioned project is to be held on the 4th day of December, 2012, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, 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, 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 27th day of November , 20 12 ATTEST: J CITY btERK pwenghnasterslsetph.doc 1111 /� !S n MAYOR Approved by City Attorney's Office I( -d6 , t)Ll Resolution No. 12 -505 Page 2 It was moved by Champion . and seconded by Payne the Resolution be adopted, and upon roll call there were: F314 Dk x x x -x x x x_ NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton I Iml CITY OF IOWA CITY MEMORANDUM DATE: November 18, 2012 TO: Tom Markus, City Manager FROM: Claire Richmond, Community Development Intern RE: November 27`h City Council meeting agenda item: sale of UniverCity Neighborhood Partnership house Introduction On November 27th, City Council will hold a public hearing and vote on a resolution authorizing the conveyance of 654 S. Lucas St. as part of the UniverCity Neighborhood Partnership Program. This will be the 26th and final UniverCity Neighborhood Partnership home sold in the first phase of the program. There are currently four homes under renovation in the second phase of the program. History/Background A grant allowed the City to purchase twenty -six rental properties for the UniverCity Neighborhood Partnership Program, all located in designated neighborhoods surrounding the University of Iowa and downtown. I -Job funds of $40,537 were used to rehabilitate and sell this property as a single - family owner occupied home to an income - eligible buyer. The cost of renovations is not included in the sale price but is forgiven once the homeowner has lived there for five years. The home must also be owner - occupied for 20 years. Under the UniverCity Neighborhood Partnership, the City proposes to sell 654 S. Lucas St. for $155,000 plus carrying costs of $11,786. "Carrying costs" are all the costs incurred by the City to acquire, maintain and sell the home, including abstracting and recording fees, interest on the loan to purchase the home, mowing and snow removal, utilities, real estate taxes, and any costs in excess of $40,537 in repair and rehabilitation. Carrying costs for this home are high due to renovation expenses and the upkeep required during the length of time the finished property remained vacant. Built in 1954, this home has over 1500 square feet of living space including 3 bedrooms and 1 full bathroom on the main floor. The large finished basement includes 2 additional bedrooms and a bathroom. Other features of the property include a detached garage, patio area, and a nice backyard. The buyer is a University of Iowa employee and will be receiving down payment assistance provided by the University in the amount of $10,000. The Iowa City Housing Authority will provide additional assistance in the amount of $9,000 from the Iowa City Housing Authority. Statement of Fiscal Impact The assessed value of 654 S. Lucas St. at the time of purchase was $136,920 and the sale price is approximately $166,786. It is likely that the assessed value of this home will increase resulting in an increase in the tax base. There will be no impact on the General Fund for ongoing operating expenses. Recommendation This home was in need of repair and updates and had been a rental property for over 19 years. After the renovation it has become an asset to the neighborhood and community. Staff recommends that you approve the resolution to authorize the conveyance of 654 S. Lucas St. as part of the UniverCity Neighborhood Partnership program. November 18, 2012 Page 2 656 S. Lucas St. — before renovations 656 S. Lucas St. — after renovations N Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 � ry RESOLUTION NO.y- RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMIL1f�lAE� .i LOCATED AT 654 SOUTH LUCAS STREET. �``' WHEREAS, the UniverCity ighborhood Partnership Program is a joi eff6rt bet�en the University of Iowa and the City o encourage home ownership and reinv stment in designated neighborhoods surrounding the iversity of Iowa; and WHEREAS, the City has received $1.25 million I -Jobs grant to a ist in the acquisition and rehabilitation of twenty -six single fa fly homes to provide afford ble housing in designated neighborhoods surrounding the Univers of Iowa; and WHEREAS, Resolution 09 -384 authoriz d the City to ac ire and rehabilitate properties consistent with the grant agreement for I -Jobs funds r the UniverCity Neighborhood Partnership Program; and WHEREAS, the City purchased and rehabilitat a si le family home located at 654 South Lucas Street, Iowa City; and WHEREAS, the City has received an offer to purc a 654 South Lucas Street for the principal sum of $155,000 (the amount the City paid to qui the home), plus the "carrying costs" of approximately $ ,which are all costs inc red by he City to acquire the home, maintain it and sell it, including abstracting and recordin fees, inte est on the loan to purchase the home, mowing and snow removal, utilities, real a ate taxes, a d any costs in excess of $50,000 to repair and rehabilitate the home; and WHEREAS, this sale would provide affordable housing in designated area surrounding the University of Iowa; and / WHEREAS, on November 13, 2 2, the City Council adopted a esolution proposing to convey its interest in 654 South Luc Street, authorizing public noticelpf the proposed conveyance, and setting the date and tim,0 for the public hearing; and �^ WHEREAS, following t public hearing on the proposed conveyan'is�, the City Council finds that the conveyancejsr in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 654 South Lucas Street, legally described as the North 55 feet of Lot 8, Block 1, Strohm's Addition, Iowa City, Iowa. Resolution No. Page 2 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. It was moved by adopted, and upon roll call there were: AYES Passed and approved this Approved by City Attorney's Office and seconded by NAYS: ABSENT: the Resolution be Champion Dickens Dobyns Hayek Mims Payne Throgmorton day of % '2012. MAYOR n CITY CLERK Al P1[ },'�6A':t �� L E M� 7 Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 12 -507 RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 654 SOUTH LUCAS STREET. WHEREAS, the UniverCity Neighborhood Partnership Program is a joint effort between the University of Iowa and the City to encourage home ownership and reinvestment in designated neighborhoods surrounding the University of Iowa; and WHEREAS, the City has received a $1.25 million I -Jobs grant to assist in the acquisition and rehabilitation of twenty -six single family homes to provide affordable housing in designated neighborhoods surrounding the University of Iowa; and WHEREAS, Resolution 09 -384 authorized the City to acquire and rehabilitate properties consistent with the grant agreement for I -Jobs funds for the UniverCity Neighborhood Partnership Program; and. WHEREAS, the City purchased and rehabilitated a single family home located at 654 South Lucas Street, Iowa City; and WHEREAS, the City has received an offer to purchase 654 South Lucas Street for the principal sum of $155,000 (the amount the City paid to acquire the home), plus the "carrying costs" of approximately $11,400, which are all costs incurred by the City to acquire the home, maintain it and sell it, including abstracting and recording fees, interest on the loan to purchase the home, mowing and snow removal, utilities, real estate taxes, and any costs in excess of $50,000 to repair and rehabilitate the home; and WHEREAS, this sale would provide affordable housing in a designated area surrounding the University of Iowa; and WHEREAS, on November 13, 2012, the City Council adopted a Resolution proposing to convey its interest in 654 South Lucas Street, authorizing public notice of the proposed conveyance, and setting the date and time for the public hearing; and WHEREAS, following the public hearing on the proposed conveyance, the City Council finds that the conveyance is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 654 South Lucas Street, legally described as the North 55 feet of Lot 8, Block 1, Strohm's Addition, Iowa City, Iowa. Resolution No. 12 -507 Page 2 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. It was moved by Mims and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens _ x Dobyns x Hayek x Mims x Payne x Throgmorton Passed and approved this 27th day of November , 2012. AA-Q AK MAYOR ATTEST: 2&�� CITY UERK Approved by �! !� /Ox" City Attorney's Office MJ9 M Prepared by: Melissa Clow, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5413 RESOLUTION NO. 12 -508 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY PUBLIC WORKS FUEL FACILITY PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, 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; and WHEREAS, funds for this project are available in the Public Works Facility Site Work account # 3956 and the Public Works Fuel Facility account # 3958. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The plans, specifications, form of contract and estimate of cost for the above -named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above - named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not more than 45 days before the date for filing the bids, 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. Sealed 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 City Hall, before 3:00 p.m. on the 13th day of December, 2012. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the le day of December, 2012, or at a special meeting called for that purpose. Passed and approved this 27th day of November 120 12 ATTEST: . CITY btERK pwengknasters\res appp &s.doc 11/12 Approved by City Attorney's Office Resolution No. Page 2 12 -508 It was moved by Payne and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton � r AIn; �,� CITY OF IOWA CITY MEMORANDUM Date: November 20, 2012 To: Tom Markus, City Manager From: Rick Fosse, Public Works Director RE: Taft Speedway Levee Decision Introduction The November 27, 2012 council agenda includes a resolution to define the preferred alternative for the Taft Speedway Levee Project. History /Background The Capital Program contains three levee projects as part of the City's post 2008 flood mitigation projects. Of the three, the Taft Speedway Levee Project has generated considerable discussion and debate. Because of this, the National HUD Disaster Recovery Office, who administers the $8M grant for this project, required further study before funds would be committed to begin design. They asked that the study specifically address the feasibility of the project, develop various flood protection alternatives, evaluate their impacts, and solicit and compile public comment. HDR was hired to complete the study and related public input process. The findings of this study were presented at the October 23, 2012 Council Work Session. Discussion of Solution The HDR report identifies a number of feasible options and associated cost estimates. Based on HDR's evaluations, they concluded that if protection is desired for a 1% annual chance event, Alternate 7 best meets the project goals. The estimated cost of Alternate 7 is $8.1 M. They also concluded that if protection is desired for the 0.2% annual chance event, Alternate 9A best meets the project goals. The estimated cost of Alternate 9A is $13.1M. Of these two options, staff prefers Alternate 7 with two modifications outlined on page 48 of the HDR report. The first modification relates to shortening the total length of the levee by moving the east levee tie -back to the east side of Parkview Church. The second modification relates to rerouting the off -site drainage that enters the northwest corner of the Idyllwild site. This drainage would be routed along the west edge of the site directly to the Iowa River. HDR has recommended rerouting this drainage to reduce pumping requirements for internal levee drainage. However it is worth noting that rerouting this drainage will reduce Idyllwild's risk of flooding caused by locally heavy rains with or without the levee project. For this reason, staff recommends that this be considered even if we do not proceed with a levee project. Financial Impact There are financial implications to either outcome of this resolution. If we proceed with Alternate 7, the HDR report estimates that the annual cost to maintain this levee system and pumps will be about $30,000. If we do not proceed with the project, it will be necessary to find another means to protect access to the Peninsula and Mackinaw Village neighborhoods. There will also be future flood fighting expenses for the Idyllwild and Parkview Church areas. November 20, 2012 Page 2 Recommendation If the City proceeds with a project, staff recommends Alterative 7 with the modifications noted above. If the City does not proceed with a project, staff recommends that we request the funding agency to reassign the grant to one or more other Iowa City flood mitigation projects. Cc: Ron Knoche Jason Reichart Eleanor Dilkes Marian Karr Jeff Davidson David Purdy Marian Karr From: MECrawford @aol.com Sent: Thursday, November 15, 2012 2:41 PM To: Council Cc: CLINESALLY @cs.com; TMChait @aol.com; layton.olson @byetm.com; Kurtkimmel @aol.com; jholland @icialaw.com Subject: Taft Speedway Levee - Urgent Need Attachments: Iowa City Levee - Urgent Need.pdf Members of the City Council and Staff City of Iowa City 410 E. Washington Street Iowa City, Iowa 52240 Dear City Council and Staff: I am writing in reference to the "urgent need" issue that has recently been brought to your attention by HUD. For the homeowners in Idyllwild, Parkview Church, the Peninsula and Mackinaw housing developments along Foster Road, I have prepared the attached document. Following are reasons for sending you this information: 1. First, of course, I strongly urge you to approve the Taft Speedway levee recommendation that the Council has received from City staff. 2. If you approve that recommendation, as you know, you will have to satisfy the HUD "urgent need" issue with the Iowa Economic Development Authority. 3. Therefore, I wanted to share the attached document which addresses (a) why this levee is necessary to protect a major development area in Iowa City, (b) all of the reasons why it has taken four years to get to the point where the City Council can finally vote on this issue, and (c) many of the reasons why the levee is necessary for all concerned, and specifically for the 92 homes in the Idyllwild community. Regardless of the passage of time, the need for the levee still exists and will until flood protection is provided. The need existed before the flood, it obviously existed in 2008, it exists today and it will exist tomorrow if nothing is done in the near future. Again, please review the attached document. Thank you. Sincerely, Michael Crawford 54 Pentire Circle Iowa City, Iowa 52245 319- 512 -5510 Iowa City, Iowa Taft Speedway Levee - Urgent Need Following the 2008 flood, the City of Iowa City, Iowa applied for a HUD Community Development Block Grant (Disaster Recovery Program) to construct a levee along Taft Speedway and No Name Road. The City received an $8million grant and the City Council accepted the award on December 7, 2010. The purpose of the grant is to provide flood protection to the Idyllwild community, a 92 home complex, Parkview Church, and Foster Road which provides access to a major development area in Iowa City including the Peninsula and Mackinaw communities. This area was inundated by the flood of 2008. All 92 homes and the church required significant restoration. For example, in my home we had 42 inches of water- a home that did not have flood insurance due to the fact that we were told by our mortgage company and the City of Iowa City that flood insurance was not necessary. Besides protecting the 92 homes and the church, the proposed levee will also protect the only entrance road (Foster Road) to the Peninsula and Mackinaw developments in Iowa City. These two areas already include many homes and are major development areas in the City. Of significance, of course to the City is the assessed value of the area that would be protected by the levee and the annual taxes that will be generated. In Idyllwild alone the present assessed value is more than $10.5million and generates about $170,000 a year in taxes. Those figures are significant, but consider the present $10.5million assessed value to a value of almost $30million prior to the 2008 flood. Following the acceptance of the CBDG grant by City Council a group of Iowa City citizens suggested that further study be done to determine the effects of a levee on all concerned. After discussions with the CDBG office at HUD and the Iowa Economic Development Authority, HUD officials requested in February, 2011 that additional study be done on the proposed Taft Speedway levee. The decision was then made by the City to contract with a consultant firm to do the study. Twenty months later the consultant study was completed and presented to City Council on October 23, 2012. The consultant firm did recommend moving forward with the levee and provided two suggested alternatives for a levee. At the same October 23, 2012 Council meeting, City staff's recommendation to City Council was to construct a levee costing $8.1million. With all of this work completed the City has now been told that they must now prove "urgent need" to receive the grant. THIS IS INFORMATION THEY ONLY RECEIVED IN RECENT DAYS. Unless this was only recently created by the CDBG Program in HUD, this information should have been provided three years ago when the funding was first made available. Now, because it is nearly 52 months since the flood, HUD officials have indicated that the urgent need criteria may no longer apply. So, the primary point is this. Because of the 2008 flood the "urgent need" was obvious and the City applied for funds to provide future flood protection to a developing area of Iowa City. Then, because of the timeline provided below, it took four years before the City Council received a recommendation from City staff to construct a levee. Again, because four years have passed, some may question the "urgent need ". The response to that is simple. Because of the 2008 flood an "urgent need" for flood control was created. That "urgent need" still exists today and there will be an "urgent need" in future if this project is not completed. In other words, common sense should tell us that the passage of time should not be a part of the "urgent need" definition. For further clarity on why it has taken four years to get to the point where the Iowa City Council can vote on this issue, I have provided the following timeline: 1. June, 2008 —The flood 2. Spring, 2009 —HUD released funds for flood disaster needs. 3. July, 2009 —Iowa City applied to HUD through the CDBG Disaster Recovery Program for funds to construct the Taft Speedway Levee. 4. November, 2009 —Iowa City's request for funds for the levee was rejected due to the large number of flood projects requesting funds after the 2008 flood in the Midwest. 5. Summer, 2010 —More funds became available for the CDBG Disaster Recovery Program. 6. November, 2010 —Iowa City resubmitted its application for funds to construct a Taft Speedway levee and received an award letter. 7. December 7, 2010 —The Iowa City Council approved by a 7 -0 vote the acceptance of an $8million HUD grant for the purpose of building a levee to protect the Idyllwild /Parkview Church /Foster Road neighborhood. 8. February, 2011 —The City of Iowa City received a request from HUD officials to do an additional study relative to the proposed Taft Speedway levee. 9. July, 2011 —A consultant firm was hired by the City to do the study and their work began in July, 2011. 10. October 23, 2012 — The final consultant study was presented to the Iowa City Council. 11. October 23, 2012 — Iowa City staff recommended that the City Council construct an $8.1million (100 year+ 3 feet) levee. Now that the City Council finally has received a recommendation to construct the Taft Speedway levee, please consider the following reasons why the City must move forward now with this project, with 100% support from HUD, and the Iowa Economic Development Authority which administers this program in Iowa.: 1. The Iowa Department of Natural Resources reports that the flood of 2008 is not an isolated, onetime event, and is expected to occur with increasing frequency. 2. According to a study by the Natural Resources Defense Council and the Rocky Mountain Climate Organization, heavy rainfall is falling more often in the Midwest and severe flooding has doubled in the last half century. 3. A Taft Speedway levee will provide protection to a developing area of Iowa City with a multi- million dollar assessed value and the capability of generating hundreds of thousands of dollars in tax revenue. In Idyllwild alone a levee will protect 92 family homes and real estate that was valued at close to $30million at the time of the 2008 flood. 4. The levee will help stabilize property values and support increased property taxes. 5. The Idyllwild Homeowners Association alone cannot fund a temporary flood protection wall due to its cost and intensive labor required to put it in place in the event of another flood. 6. The flood of 2008 has taken the Idyllwild community 4 years to overcome, and we are still not finished with the task. It was a devastating event that created financial ruin for some, and it cost over $8million to rebuild these 92 homes. That is about $87,000 per homeowner. 7. Idyllwild homeowners were not offered a buyout option by the City. This option was made available to at least 93 other homeowners that were flooded in 2008. The primary reason Idyllwild homeowners were not offered a buyout is that Idyllwild is a condo development, and as a homeowners association single entity we did not quality under certain FEMA rules. So, is there an "urgent need" to construct this levee? That hopefully is obvious. As was stated earlier, there certainly was the need following the immensely damaging flood of 2008. Regardless of how much time has passed since that flood the need still exists, and will until flood protection is provided. Time does not erase the need to protect a major Iowa City development area, and the reasons for the four year delay since 2008 were identified previously in this document. A basic function of City, State and Federal government is to protect the safety, welfare and health of its citizens. In one very important way this clearly can be accomplished by meeting the need for the Taft Speedway levee. Michael Crawford 54 Pentire Circle Iowa City, Iowa 52245 319 - 512 -5510 or 319 - 621 -5326 DEFEATED 11/27/2012 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. RESOLUTION TO PROCEED WITH TAFT SPEE ALTERNATE Y. WHEREAS, HDR, th City's consultant for the Taft Levee a report that identifle a number of feasible options and ai flood protection and m igation; WHEREAS, Alternative involves the construction of an appurtenances, around th Idyllwild neighborhood and F Taft Speedway between Nk Name Road and Dubuque WHERAS, the top of levee annual chance of a flood WHEREAS, Alternate 7 has an would provide ,Y LEVEE PROJECT ly Project, submitted cost estimates for n levee, with required v Church primarily along feet of freeboard over the 1 % mated cost of/,%8.1 million; WHEREAS, the City has received' grant of million in CDBG funding for flood protection and mitigation along Taft peedw , WHEREAS, it is in the best interest ofWity to proceed with Alternate 7 with two modifications, shortening the total lengt f the levee and rerouting the off -site drainage; WHEREAS, the first modification shot n�the total length of the levee by moving the east levee tie -back to the east side of ark Church; WHEREAS, the second modificatigh reroutes he off -site drainage from the northwest corner of the Idyllwild site to the st edge oft a site directly to the Iowa River which will reduce pumping requirements f9t internal levee rainage. NOW, THEREFORE, BE IT ESOLVED BY THES�ITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: / 1. Staff is directed tq/proceed with Alternate 7 con`tpined in the HDR report with two modification 2. The two modjflcations are shortening the total length of the levee and re- routing off -site drainAge as outlined in the recommendations §@ction of the HDR report. Passed and appybved this day of , `5012. MAYOR ATTEST: ^ CITY CLERK Approved: City Attorney's Office �l DEFEATED 11/27/2012 Resolution No. Page It was moved by and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: V4 Y x x ABSENT: the Champion Dickens Dobyns Hayek Mims Payne Throgmorton 000 Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington Street, Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO.. 12 -509 RESOLUTION TO PROCEED WITH RE- ROUTING OFFSITE DRAINAGE FROM THE IDYLLWILD SITE AND NOT TO PROCEED WITH TAFT SPEEDWAY LEVEE PROJECT WHEREAS, HDR, the City's consultant for the Taft Levee Speedway Project, submitted a report that identifies a number of feasible options and associated cost estimates for flood protection and mitigation; WHEREAS, Council has been presented with considerable information by staff, consultants, and citizens regarding the pros and the cons of constructing and maintaining a permanent levee to provide flood protection, and concludes on balance that it is not in the best interest of the community to proceed with a permanent levee; WHEREAS, it is in the best interest of the City to proceed with rerouting the off -site drainage from the northwest corner of the Idyllwild site to the west edge of the site directly to the Iowa River which will reduce the risk of flooding caused by locally heavy rains . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Staff is directed not to proceed with any of the alternates for a levee along Taft Speedway as contained in the HDR report. 2. Staff is directed to proceed with preliminary design for re- routing off -site drainage from the northwest corner of the Idyllwild site as outlined in the recommendations section of the HDR report. Passed and approved this 27th day of November , 2012. 14 mt ATTEST: 2 2"aa,,2 `e- CITTY C ERK c Approved by City Attorney's Office Resolution No. 12 -509 Page 2 It was moved by Dobyns and seconded by mckens the Resolution be adopted, and upon roll call there were: AYES: x X x x x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton Marian Karr From: MurphyGeerdes <mg9425 @mchsi.com> Sent: Sunday, November 25, 2012 3:25 PM To: Council Cc: 'MurphyGeerdes' Subject: Taft Speedway Levee This correspondence will become a public record. Dear Council Members: ii You will soon be voting on the Taft Speedway levee issue. In my view the best and fairest option is to vote against the construction of any levee. I say this for the following reasons: (1) There is no need to build a levee. Today Idylwild is a rebuilt, active, and vibrant neighborhood. Homes there are now being sold for over $200,000 and are being rented for over $1500 per month. There is no real or perceived "blight" on these properties and no urgent or other need to build a levee (2) It is far better to invest in flood control measures that protect the entire community, and not just a select few. This is especially true because many current owners at Idylwild purchased after the flood at cut -rate prices. And all owners at Idylwild can and should purchase flood insurance and were or should have been aware that their proximity to the river made flooding a very real risk. (3) For good reason your Parks and Recreation Commission voted to recommend that no levee be constructed. It cited aesthetics and the unsafe nature of the proposed road on top of the levee for biking and walking as reasons for this decision. Common sense demonstrates that these concerns are valid. A levee would be a permanent scar on City Park (4)At the recent council meeting at which the report which discussed levee options was accepted I asked why the report did not address the effect that increased water velocity caused by a levee would have on structures and the river bank. To my knowledge this issue has not been addressed. Why not? It remains a real concern, particularly to those in the neighborhood. The engineer conceded that an increase in velocity would occur, and it seems very shortsighted to ignore this known consequence. Please choose the fairest and best option in this matter, which clearly is the option to do nothing. I would be happy to discuss this further if you would like. Gregg Geerdes (319.341.3304 days; 319.354 -2375 home; 890 Park Place, Iowa City) I Marian Karr From: Drew Dillman <drewdillman @gmail.com> Sent: Monday, November 26, 2012 9:36 AM To: Council Subject: Flood mitigation proposed levee Dear Council Members, I am writing to oppose spending large amounts of taxpayer money to perpetuate citizens living in a flood plain. If individual citizens desire to use the flood plain, they should be allowed to bear the risk themselves and not be allowed to shift costs to taxpayers who have chosen to avoid these risks. I am aware that the City is able to shift some of the costs of construction to other taxpayers using a state or federal grant. This is, in and of itself, not good . Besides the fact that wasting other people's money is to be condemned, there is the practical consideration that even if the construction costs can be shifted to someone else, long term maintenance costs will fall to the City. The poet, Robert Frost stated, "Something there is that doesn't love a wall, That wants it down." I have learned from living with two past floods that levees do little good in the type of floods we experience unless they are accompanied by continuous pumping on the "protected" side of the wall. People are mistakenly reassured by the presence of a wall and make bad economic decisions about building or maintaining structures on the "protected" side of the wall. During the 2008 flood, because of bad experience I had in the '93 flood, I asked that my house be left on the outside of the temporary levees that were made along Normandy Drive until the neighbors pointed out that building the levee in a straight line to "protect" their homes required my home be included. As in '93, the levees did more harm than good, in spite of the great effort and expense expended on them. Additionally, consideration must be given to the fact that while this construction is designed to possibly help some residents on the flood plain, it will almost certainly harm other long term residents of the flood plain. For these reasons, I ask that you simply leave the flood plain to nature except for mitigating man-made impediments to natural river flow like increasing flow channels beneath the Park Street Bridge and lowering the chain link fences around the baseball fields during flood times when the fences become clogged with debris and slow river flow. Sincerely, Drew B. Dillman, M.D., M.P.H. Marian Karr From: TMChait @aol.com Sent: Monday, November 26, 2012 11:00 AM To: Council Subject: Taft Levee November 26, 2012 Dear City Council: I am the owner of Idyllwild Development II, Inc., a company that owns 8 condos at Idyllwild and the development rights to the final 3 lots on the property. I am writing to ask you to vote in favor of the 100 year plus 3 foot levee on November 27. According to the engineering firm MMS, the 2008 flood came up to the elevation of 655.5 feet at Idyllwild. The Staff recommended levee would provide protection to a level of about 654 feet. Additionally, the levee would provide a solid base for additional flood protection to be built on top of it such as Hesco barrier or sandbag walls. While the 5 % to 6 foot sandbag wall was simply not feasible in 2008 (we tried!), a 1 % to 2 foot wall would be possible to construct within the time constraints of an incoming flood event. Please vote for the levee, thank you for your thoughtful consideration of this matter. Sincerely, Terri Miller Chait Terri Miller Chait Idyllwild Development II, Inc. 218 E Washington Street Iowa City, IA 52240 www.idyllwildcondominiums.com 319 - 338 -0354 - office 319 - 530 -7052 - cell Marian Karr From: sonia ettinger <spettinger @yahoo.com> Sent: Monday, November 26, 2012 11:08 AM To: Council Subject: levee The Iowa river cannot be contolled by a levee. Hopefully there could be ways to direct water through a channel in the park in the event of a flood. Has the possibility of channels across the peninsula into some sort of lake been explored? Property tax money should be spent on raising Dubuque street. This matter needs further exploration. Sonia Ettinger Iowa City Marian Karr From: Erin Irish <erin -irish @uiowa.edu> Sent: Monday, November 26, 2012 11:19 AM To: Council Subject: levee Dear City Council Members, I wish to add mine to the voices opposing the building of a levee on Taft Speedway. It is unfair to protect Idyllwild and not other residences on Taft Speedway. A levee will prevent the spreading and slowing of any future floodwaters, making the event more damaging to other structures along the river's path. If Idyllwild wants protection, its residents should privately acquire it, rather than relying on public funds, especially in the event that the costs turn out to be much higher than current estimates. Building a levee there is not a wise expenditure of public funds. Erin Irish 314 Hutchinson Avenue Iowa City IDYLLWILD CONDOMINIUMS OWNERS ASSOCIATION November 21, 2012 Copies of documents addressed to: Councilperson Connie Champion 430 S Summit St Iowa City IA 52240 Councilperson Terry Dickens 1655 N Dodge St Iowa City IA 52245 Councilperson Rick Dobyns 1950 Calvin Ave Iowa City IA 52246 Mayor Matt Hayek 14 Heather Dr Iowa City IA 52245 Mayor Pro Tern Susan Mims 1173 Oakes Dr Iowa City IA 52245 Councilperson Michelle Payne 1126 Village Farm Ct Iowa City IA 52240 Councilperson Jim Throgmorton 814 Ronalds St Iowa City IA 52245 I IDYLLWILD CONDOMINIUMS OWNERS ASSOCIATION Reference: Taft Speedway No Name Road Levee Project The owners of Idyllwild's 92 homes as well as Parkview church and access to the Peninsula neighborhood merit the protection offered by a levee along Taft Speedway and No Name Road. Idyllwild is asking you to support City Staff's recommendation for the so called 100 year plus 3 feet levee proposal. Enclosed please find many letters and essays written about the subject over the past several years. We wanted you to have them available for review and consideration prior to the vote on November 27. The documents cover property buyout, neighborhood stabilization, flood insurance, important reasons why the levee is needed, the fairness issue and levee appearance. Flood mitigation efforts, including many levee projects, are being engineered and constructed up and down the Iowa River. The City is engineering and plans to construct several levees south of the city. Dubuque Street is to be raised and Iowa City is assisting Coralville with Highway 6 flood protection by constructing a flood door on Rocky Shore Drive. The University has or will be constructing flood walls and levees along the Iowa River and around Mayflower dormitory. None of these have raised concerns over river level changes or appearance, only the Taft Speedway No Name Road levee seems to attract close scrutiny. The City has spent $21 million dollars buying out 93 homes in Parkview Terrace and along Taft Speedway. City Engineering is considering a $1 million project to raise an intersection along Normandy Drive to insure neighborhood access when the next flood occurs. Our request for flood mitigation, an $8 million levee, seems small in comparison. The 92 property owners of Idyllwild ask you to support the Taft Speedway No Name Road levee project. Please show your support of our neighborhood by approving the 100 Year plus 3 foot levee on November 27. Idyllwild Condominiums Owners Association Sally Cline Association Board President �.J June 30, 2008 Mr. Michael Lombardo City Manager The City of Iowa City 410 Washington Street Iowa City IA 52249 Delivered via email to: Michael - Lombardo @iowa- city.org Dear Mr. Lombardo: RE: Inclusion of Idyllwild Condominiums in FEMA Flood Mitigation Program On June 24, 2008 the Board of Directors of the Idyllwild Condominium Association held a homeowners meeting. Attendance by the homeowners of record was nearly 100 %. A voice -vote concerning inclusion in any FEMA buyout plans was taken. By a nearly unanimous margin, the Board was directed to request the City of Iowa City to include our neighborhood in any and all buyout plans being considered. Your Mr. Dale Helling, Assistant City Manager, attended the meeting and observed the vote. The majority of Idyllwild's properties were heavily damaged by flooding. Our study of the FEMA flood mitigation program indicates we meet all criteria for consideration. Please accept this letter as the City's notification of our neighborhood's wishes. Sincerely, Idyllwild Condominium Association Board of Directors k,o t Sally Cline President, Idyllwild Condominium Association CC: Mayor Regina Bailey via email at bailey(a)-avalon.net Mr. Dale Helling, Assistant City Manager, via email at dale- helling(c)-iowa- city.org City Council Members via email at council(-@-iowa-city.org Idyllwild Condominium Owners Association Flood Mitixation and Emergency Response Plan Executive Summary The Idyllwild Condominium Owners Association encompasses 21 acres of land along the Iowa River just two miles from downtown Iowa City. There are currently 92 properties on the site housing approximately 200 persons. Property values in Year 2008 were assessed at US$23 million. In June of year 2010 the Association contracted with MMS Consultants of Iowa City to develop a flood mitigation and emergency response plan to protect both ourselves and our property from future flooding events. The process allowed the Association to make an objective decision about its future against the backdrop of flood events of various risk levels as defined by the Federal Emergency Management Agency. The Association is threatened by two sources of flooding; an intense rainfall event in the local drainage shed and a flood occurring along the Iowa River. Because these two sources are significantly different they require separate mitigation efforts. In an intense rainfall event, water runoff from about 81 acres of property north and west of Idyllwild plus 21 acres of Association property is drained through our property. Intense rainfall events are impossible to predict and certainly difficult to mitigate because there would be little time to use traditional mitigation methods like constructing sandbag walls. Flooding from the Iowa River impacts Idyllwild significantly prior to a 100 year flood which is called Flood Risk Level A in our plan. At Level A, the water surface elevation is 651.1 feet above sea level at Idyllwild's western boundary. While all Idyllwild buildings are above 651.1 foot mark, our streets are typically at 650 feet making them impassable during flood events less than Level A. The typical method proposed for mitigating Iowa River flood events is through the use of sandbag walls constructed around Idyllwild's 23 buildings. The estimated number of sandbags required at various Flood Risk Levels as well as sanitary sewer and storm sewer plugs and roof downspout bypasses follows: C ': s Page 1 of 3 �7 Idyllwild Condominium Owners Association Flood Risk Sandbags Sanitary Sewer Plugs Sanitary Sewer Service Plugs Storm Sewer. Plugs Roof Downspout Bypass A 11,500 0 5 0 50 B 78,620 3 18 3 101 C 166,970 5 23 5 111 D 334,970 5 23 5 111 E 523,510 5 23 5 111 Please note: This chart doesn't include the necessary pumps required to empty water out of sandbagged areas. Even under the best of circumstances, any effort to insure temporary protection against flooding, other than Risk Level A, is in our estimation impossible for Idyllwild to carry out physically or monetarily. We simply do not have the resources. In 2008, our community filled and placed approximately 350,000 sandbags, which were ultimately too few to protect us. Additionally, we relied heavily upon the kindness, equipment and manpower of the members of the Parkview Evangelical Church, who may not be our neighbor for many more years. Our proposals for mitigating the two flooding scenarios are: 1. To mitigate a locally intense rainfall event, we propose that the City revise the watershed management system by constructing a bypass around Idyllwild's property. This could be accomplished by installing a 48 -inch drainage pipe along No Name Road from our property's northwest corner, where the 82 acres of watershed runoff is collected, to the Iowa River. 2. In addition, we are asking that the City replace the 48 -inch pipe which connects our retention ponds to the Iowa River with a 12 inch pipe that has a shut off valve thereby providing a means to cut off the river from our property during river flood events. 3. For the effective protection of Idyllwild in a large scale flood event, we are asking the City to prepare an area around the eastern, southern and western sides of Idyllwild for deployment of a temporary flood barrier system. We feel inflatable bladders may be a good solution, though the City may know of equally effective barrier systems. 4. Finally, we request that the City assist us in purchasing the necessary sewer plugs and water pumps necessary for protecting Idyllwild against a minimum Risk Level C flood. Page 2 of 3 Idyllwild Condominium Owners Association The Association provides Iowa City with the benefits of a unique owner occupied housing opportunity close to downtown and the University. Year 2008 property taxes paid by our owners generated nearly $400,000 in revenue to local governments. Unfortunately the flood of 2008 has endangered the make -up of the Association. We feel our long -term viability is highly dependent on implementing a plan for future flood mitigation. In its absence, it will be very difficult to maintain the property as it was designed. Page 3 of 3 July 16, 2009 Mr. Dennis J. Mitchell Meardon, Sueppel & Downer 122 S. Linn St. Iowa City, IA 52240 Mr. C. Joseph Holland P.O. Box 2820 Iowa City, IA 52244 -2820 In re: Idyllwild Dear Dennis and Joe: r C(OPY CITY OF IOWA CITY City Attorney's Office 410 East Washington Street Iowa City, Iowa S2240 -1826 (3 19) 356 -5030 (319) 356 -5008 FAX www.Icgov.org r.a w-w i ti l 7 Dennis, Eleanor, and I have met recently regarding the difficulties associated with acquiring the common elements of the condominium regime. Due to concerns expressed by Joe regarding the secondary market, we have discussed and rejected the possibility of condemnation due to the cost, which is not included in the grant funds, and the time commitment. Idyllwild Development, Inc. has proposed that the City agree to buy just the footprints of the two buildings, and Idyllwild Development, Inc. would agree to be responsible for any assessments that the City would be obligated to pay in the future. We have discussed this proposal and concluded that it is not in the City's best interest. Given that Idyllwild Development, Inc. will not be able to meet the contingencies of the offer, it appears that the- sale will not occur. With that said, I do want to update you on City efforts to mitigate future flooding in the Idyllwild neighborhood. --The -City is applying fora gra fit to- elevate Taft Speedway and:-NoNarfie Road to coincide with the project to elevate Dubuque Street. The elevation will provide flood mitigation to the Idyllwild neighborhood.by..creating a levee around.it. _.. ..._ The City is also pursuing a grant to purchase land from the Elks and Jack Young along the river, and I am enclosing a copy of a map indicating these parcels. If purchased, the City may have the ability to divert stormwater from the drainage area up stream of Idyllwild Subdivision to the Iowa River. This drainage area currently goes through the Idyllwild Subdivision storm sewer system and stormwater detention areas prior to discharging to the Iowa River. The design for the elevation of Taft Speedway and No Name Road will evaluate the effects of diverting this storm Mr. Dennis I Mitchell Mr. C. Joseph Holland July 16, 2009 Page 2 water from the detention ponds in Idyllwild Subdivision. Both of these grants were not available when the offer was made. Finally, I want to confirm that the City has provided $108,695.65 in community disaster grant funds to the Idyllwild Homeowners Association to offset its losses. Thus, although the sale likely will not occur, the City has taken steps to decrease the financial loss of homeowners and continues to pursue flood mitigation efforts for the Idyllwild neighborhood. I will keep you apprised of both grant applications. If you have questions about this letter, please do not hesitate to contact me. Sincerely, Susan Dulek Assistant City Attorney Enc. Copy to: Eleanor M. Dilkes-w /o enc. Ron Knoche-w/o enc. Jeff Davidson-w/o enc. Steve Long-w/o enc. David Purdy-w/o enc. U Z IJ LLI (n Z w 0-0 0 i W J d R r-, y00 .:: DR ' 1 0 MACKINAW LLJ 1177 cYS a {:J cr 00 i W J d R �Ol I -"� , - I--- 2� o. 0 ja . r-, y00 .:: DR ' 1 IN .z MACKINAW LLJ 1177 {:J O 00 CM ._ LL LU o U) a ao�2 Zzm �Ol I -"� , - I--- 2� o. 0 ja . r-, ' 1 LLJ {:J O �Ol I -"� , - I--- 2� o. 0 ja . 33 Trevose Place Iowa Cit�IA 52245 August 3, 2011 Member of City Council City of Iowa City 410 E Washington Street j Iowa City Al 52240 Delivered via email to council @iowa- city.org Reference: Taft Speedway /No Name Road Flood Mitigation Study Dear City Council: I want to pass on my thanks to City Council for the near unanimous vote of approval to commence the Taft Speedway /No Name Road flood mitigation study. I attended the Tuesday evening council session and after listening to and studying the various positions of the three communities — namely Taft Speedway, Parkview Terrace and Idyllwild —my opinion is the study is the only way to finally determine how future flooding can be mitigated in the area. As a member of the Idyllwild Owners' Association, my comments concerning the various issues brought up by Taft Speedway and Parkview Terrace representatives follow: 1. Reaffirm that Idyllwild is in no way turning into a rental community as described by the Taft Speedway Group. We have temporarily allowed rentals for a period of time, until Year 2016, as a way for our older residents to sell their property and relieve themselves of reconstruction. 2. Point out Idyllwild has restored our property to pre -flood conditions. Only one property remains unoccupied but is being maintained at Association expense. A description by others that our community is turning into an undergraduate college rental community or the condition of the property is somehow poor is completely untrue. I invite any of you to walk our property; I know you'll find it to be one of the best communities in Iowa City. 3. Speak to the type and style of flood mitigation. The Parkview and Taft Groups like to describe any mitigation technique as an earthen levee. To my knowledge, no mitigation method has been determined. That's what the study is for. 4. Question the concern for the aesthetics of mitigation method. How can aesthetics be questioned until one knows the mitigation method? 5. Address the concern for fiscal responsibility. Federal, State and City governments spent a great deal of money buying and removing homes in Parkview Terrace and Taft Speedway neighborhoods. I'm not aware of any of these residents pleading for fiscal responsibility when those expenditures were happening and continue to happen. Why is spending money to protect Idyllwild not a similarly wise investment? Are we somehow less of a community because our properties are not single family homes? 6. Concern about poor engineering. While the science of predicting future weather conditions and possible flooding is still in its infancy, the engineering design and construction of flood mitigation systems is actually quite good. Consider the levees in Clinton, Dubuque and Muscatine, all have an excellent track record for protecting their communities from Mississippi flood waters with no failures. 7. The concern for upstream flooding in Parkview Terrace due to flood mitigation. Only the study can predict what may happen, how can anyone know right now? Why no concern from Parkview and Taft Speedway communities for upstream mitigation? Because the levees are unseen and in Coralville? 8. The Taft Speedway group likes to point out Idyllwild has a plan for future flood protection. In fact, we do. We commissioned MMS Engineering to do a study of protecting against a so called 100 and 500 year flood. While it is possible to protect against the 100 year condition using traditional sandbagging methods, the 500 year flood would require about 500,000 sandbags to be filled and placed around our 23 building. This is something that would be nearly impossible to do under even the best of conditions. It would require hundreds of people a couple of weeks to complete! We couldn't muster the help and if we could, we certainly wouldn't have the time to put them in place. All of Idyllwild's 92 properties were impacted by floodwaters and had to be rebuilt. This required a great deal of energy, time and large amounts of our personal wealth. The result is a community in better than pre -flood conditions both in physical structure and strength in character. We are stronger because of what we've been through and are sure you will see this strength as the process of securing some sort of flood mitigation moves forward. Our Taft Speedway and Parkview Terrace neighbors like to portray us as some sort of modern day "condominium carpetbaggers" invading their idyllic riverside community. Nothing can be further from the truth; we very much appreciate where we live and plan to remain involved in Iowa City community for a very long time. Again, thanks for your positive vote on proceeding with the flood mitigation study. Sincerely, 4r�v Kurt Kimmerling CC: Idyllwild Board of Directors via email David Purdy via email to david-purdy@iowa-city.org Tom Marcus via email to tom-markus@iowo-city.org �i 0) `'a 33 Trevose Place Iowa City IA 52245 August 22, 2011 Member of City Council and Staff City of Iowa City 410 E Washington Street Iowa City Al 52240 Reference: Taft Speedway /No Name Road Flood Mitigation Dear City Council and Staff In Year 2010, Idyllwild Condominium Association commissioned MMS Consultants to prepare a Flood Emergency Plan for our 92 properties. The plan's conclusions: 1. It's impossible to protect Idyllwild against river flooding at greater than a so- called 100 year flood using traditional temporary mitigation methods like sandbagging. There is simply not enough time to fill and place the necessary sandbags; it's estimated approximately 500,000 would be needed. 2. In addition to river flooding, Idyllwild is also exposed to a significant flood event from rainfall and runoff on 82 acres of ground to our north and west, the Peninsula neighborhood. Runoff from this watershed flows through the Idyllwild property and into our retention ponds. Unlike others in surrounding neighborhoods, we have some unique challenges which hinder our ability to mitigate future flooding: 1. Our building design /construction doesn't allow raising them out of harm's way like can be done with a single family home. 2. It's impossible to protect our properties from river flooding through temporary sandbagging. 3. Individual owners cannot be "bought out" after a flood because the development is incorporated as one large entity under the declaration which defines our Association. 4. We cannot redirect the increased volume of water flowing through our property from the Peninsula neighborhood and Foster Road storm drains without City assistance and approval. The conclusion is clear; some sort of flood mitigation for both river and rainfall flooding is required to protect the Idyllwild neighborhood. City Council supported and approved its construction twenty -some years ago and then approved and supported its reconstruction in Year 2008. The City has some sort of responsibility and obligation to support us once again. I ask you to support the Taft Street /No Name Road flood mitigation project. Sincerely, � -1 Kurt Kimmerling AJ ,: 33 Trevose Place Iowa City IA 52245 September 19, 2012 Member of City Council and Staff City of Iowa City 410 E Washington Street Iowa City Al 52240 Reference: Taft Speedway /No Name Road Flood Mitigation Dear City Council and Staff City Council has a demonstrated a concern for stabilizing neighborhoods in and around its downtown core. For example, the Northside neighborhood where problems with rental housing have created an unstable environment for attracting and retaining owner occupied properties. Since the flood of June 2008 the Idyllwild neighborhood, only one mile from Northside and minutes by foot from downtown, has struggled with similar problems. Approved by City Council in early 1990's as an "in -field or in -fill" development close to downtown, Idyllwild was envisioned as 104 owner occupied condominium properties for older adults and retirees. It successfully met this vision; with few exceptions our bylaws did not allow rental properties. On June 1, 2008 ninety -five percent (95 %) of our properties were owner occupied. Contrast that early vision with what we have today. To attract investment needed to rebuild abandoned flood damaged properties, a bylaw change to allow rentals was approved by our remaining owners in late Year 2008. The result, forty -five percent (45 %) of the community is now rental occupied. These properties are a mix of young adults, mostly hospital residents and undergraduate and graduate students, and others requiring temporary housing prior to moving on to whatever. The ability to rent an Idyllwild property is current set to expire in December 2016. This is, of course, a decision that can be changed by a majority vote of our ownership. It's very possible that without a positive decision by City Council on future flood mitigation for our neighborhood the ownership could decide to keep a rental option in place. This would, in my opinion, prove to be a tipping point and put an end to Idyllwild's original intent as an owner occupied neighborhood. Our future will be in student rental properties convenient to downtown by foot, bike path or bus. When considering the Taft Speedway /No Name Road flood mitigation project think "neighborhood stabilization." Please support the project. Sincerely, IG..1- Kurt Kimme a.�3 i 33 Trevose Place Iowa City IA 52245 SeptembeU4, 2012 Member of City Council and Staff CJ City of Iowa City d_ ' 410 E Washington Street - Iowa City Al 52240 d -` Reference: Idyllwild Buyout Question,'y Dear City Council and Staff: During the September 18 City Council work session, Councilperson Throgmorton asked City staff if Idyllwild was ever offered a buyout. The answer is an unequivocal NO. Timeline and details of our buyout efforts follow: July 7, 2008 — Idyllwild convenes a special meeting of our owners to discuss a possible buyout option. City Manager Michael Lombardo speaks about the FEMA program. He states the City will research the situation and report back to us by September 12 with a decision on whether they would be participating in the FEMA program. Jeff Davidson, PCD Director, explains funding may not be available for property in the 500 year flood plain, that the first consideration was 100 year flood plain properties. Further, he says the City would review a cost - analysis of the buyout project and send a "Notice of Interest" to FEMA. Regina Bailey, Iowa City Mayor, speaks to us. She comments there is no precedent with FEMA for "buying out" condominium associations but the City would press for a decision. September 11, 2008 — Idyllwild convenes a special meeting of our owners to discuss buyout possibilities. The Association's buyout committee reports the City included us on a "Notice of Interest" sent to FEMA informing them of our interest in participating in a buyout program. We are also told the City is analyzing input from Idyllwild to determine if we reach eligibility requirements, namely were we over 50% damaged and in the 100 year flood plain. September 29, 2008 — Members of our executive committee attend a meeting at City Manager Michael Lombardo's office. At this meeting, Mr. Lombardo explains Idyllwild did not meet requirements for a FEMA buyout. Further, he recommends we remove Idyllwild from the "Notice of Interest" list so our owners might be eligible for several other Federal, State and local programs. September 30, 2008 — Idyllwild convenes a meeting of the owners. An email from Michael Lombardo is read. It explains Idyllwild did not meet the requirements for a FEMA buyout. Specifically, all our structures are not in the 100 year flood plain and there was not substantial damage to our structures. Because Idyllwild is treated as one property, neither requirement is met. The City also explains we do not qualify for another Federal program called Hazard Mitigation Grant Program (HMGP). After conducting a Benefit Cost Analysis (BCA), we fail to meet the required hurdle rate of 1.0. Our BCA is less than 0.2 per City staff. ( *) Finally, per the City Manager's recommendation, Idyllwild owners vote to have our name removed from the "Notice of interest." ( *) Please note: the fact that our BCA was low is not indicative of the condition of Idyllwild after flooding. All properties were deemed uninhabitable by City inspection and all had to be mold mitigated and rebuilt per City code. In conclusion, Idyllwild made every attempt and followed the City's advice on obtaining a FEMA buyout or any other funding program available to us. If the Council or Staff requires further details, meeting minutes, etcetera we would be happy to provide. Sincerely, Idyllwild Condominiums Owners' Association Sally Cline Association President November 6, 2012 Member of City Council and Staff City of Iowa City 410 E Washington Street Iowa City Al 52240 Reference: Idyllwild Flood Insurance Question Dear City Council and Staff: During the October 23rd City Council work session, Councilperson Throgmorton asked City staff about the availability of flood insurance for communities like Idyllwild. Details on Idyllwild's flood insurance coverage follows. Standard homeowners insurance doesn't cover flooding. In 1968, Congress created the National Flood Insurance Program (NFIP) to help provide a means for property owners to financially protect themselves from the floods associated with hurricanes, tropical storms, heavy rains and other conditions that impact the U.S. The NFIP offers flood insurance to homeowners, renters, and business owners if their community participates in the NFIP —Iowa City does. Participating communities agree to adopt and enforce ordinances that meet or exceed FEMA requirements to reduce the risk of flooding. From the NFIP Summary of Coverage Manual: Flood insurance protects two types of insurable property. Building and Contents. The first covers buildings, the latter covers possessions; neither covers the land they occupy. Building coverage includes: • The insured building and its foundation • The electrical and plumbing system • Central air conditioning equipment, furnaces, and water heaters • Refrigerators, cooking stoves, and built -in appliances such as dishwashers • Permanently installed carpeting over unfinished flooring Contents coverage includes: • Clothing, furniture, and electronic equipment • Curtains • Portable and window air conditioners • Portable microwaves and dishwashers • Carpeting that is not already included in property coverage • Clothing washers and dryers -,` �` What is not insured by either Building Property or Contents Property coverage? • Damage caused by moisture, mildew, or mold that could have been avoided by the property owner • Currency, precious metals, and valuable papers such as stock certificates • Property and belongings outside of a building such as trees, plants, wells, septic systems, walks, decks, patios, fences, seawalls, hot tubs, and swimming pools • Living expenses such as temporary housing • Financial losses caused by business interruption or loss of use of insured property • Most self - propelled vehicles such as cars, including their parts The Idyllwild Condominiums Owners' Association does have Building coverage through the NFIP. We insure our 23 building against flood damage at an annual cost of US$40,000; the expense is shared equally by our 92 homeowners. Contents coverage is the responsibility of individual owners. Cost varies depends on how content is valued and at what deductable. We estimate Content coverage costs between US$250 - US$300 annually per property owner. It's important to recognize insurance doesn't protect our flooded residents against: 1. Difficulty finding suitable short-term living arrangements in Iowa City. Idyllwild owners discovered this in Year 2008. Three to six month rentals are nearly impossible to find in the area, many were forced into one year rental contracts. 2. The expensive for rental housing. Idyllwild reconstruction in Year 2008 took about six - months equating into rental housing costs of between US$6,000 to US$12,000 per owner. For those on fixed income this can be difficult to finance. 3. The financial strain of funding temporary housing, mortgage payments on the flooded property and reconstruction costs at the same time. 4. Employment pressures and loss of income. Being displaced makes working nearly impossible in the short-term. For those employed on an hourly basis, not working means loss of real income. For salaried employees, it means negotiating with employers over time -off and the possibility of lost compensation while taking leave. 5. The emotional expense. The whole process is exhausting and until you've lived through losing your home to a flood it's something that is impossible to explain. Additionally, here are some other important points concerning flood insurance. 1. The NFIP has to be authorized yearly by Congress. While it's been authorized every year since 1968, there is no guaranty it will be available in the future. 2. Premiums are set yearly based on insurance expenses incurred by the program. Events like the October 29th hurricane on the east coast will likely drive premiums higher. 3. There is no private or other government sponsored flood insurance program available in Iowa. If you have additional questions about our insurance coverage feel free to ask and we will review and get you answers. We would also recommend reviewing the information at on the NFIP link: http:// www .floodsmart.gov /floodsmart/pdfs /NFIP Summary of Coverage.pdf. Please protect Idyllwild residents by supporting the levee project on Taft Speedway and No Name Road. Kurt Kimmerling 33 Trevose Place Iowa City IA 52245 •D1 ----- -- Forwarded message - - ----- From: Layton Olson <lavton.olson(c)-g mail. com> Date: Mon, Oct 15, 2012 at 11:38 AM Subject: Taft Speedway Floodwall - Opinion To: opin ion (a--)press- citizen.com To Whom It May Concern: Flood mitigation options are many, and some quite controversial. With that comes a wide variety of perspectives and opinions. In the past, the Press Citizen has been open to sharing commentary related to those issues via your Opinion page. I would appreciate it if you were to consider the attached as a candidate for publishing to a future Opinion page within the Press Citizen. Thank you. Layton A. Olson 18 Idyllwild Ct. Iowa City, Iowa 52245 319.688.9767 ,5 iil As a board member of the Idyllwild Condominium Owners Association, I clearly understand the different perspectives that have led to widely divergent views regarding the issue of flood mitigation, and specifically those surrounding the Taft Floodwall proposals. When deliberating the validity of any opinion or recommendation, more information always trumps less. To that end, and from the vantage point of an Idyllwild condominium owner, I would like to add these inputs to the debate: 1. The HDR Engineering study shows that there is no hydraulic encumbrance upon our neighbors on Taft Speedway or in Parkview Terrace as a result of a proposed floodwall, even to the height of a 500 year flood level plus 3 feet. 2. 83% of the cost of the Taft Floodwall (at 500 year plus 3 feet) is covered by a HUD Community Development Block Grant of $8 million plus the funds of $3 million currently budgeted for the raising of Foster Road, which would no longer be needed. Other less expensive flood protection options could be completely paid for by the HUD grant. 3. Idyllwild has 92 homes that were solely owner occupied prior to the flood. By necessity, and with City support, a temporary rental policy was established in 2008 in order to make redevelopment possible. It expires in 2016, and includes the provision that once a home is sold, it is ineligible for future rental. 4. Under the best of circumstances, Idyllwild cannot build a sandbag wall high enough, wide enough, or expansive enough to protect the 23 buildings in the development from a 500 year flood. When the flood waters overcame us in 2008, we had put 350,000 sandbags in place, yet were still 150,000 bags short when we simply ran out of time. 5. The construction and size of Idyllwild buildings precludes raisirgthe (such as on stilts, etc) to be out of flood's way. ' 6. Idyllwild homeowners were NOT offered the buyout option rude ax5ailabje�by FEMA to many owners of individual properties that were flood in008° 7. Idyllwild was built with City Staff and Council approval a fo6t or more abd-W the flood plain. The landscape has changed over time to put some: areas in the flood plain, an event not under the control of the Idyllwild residents. 8. There are walls built in Iowa City for many reasons and many of them are interesting and attractive. With the technology available, and the creativity of architectural design, there is no reason to believe that a flood wall that makes use of a brick or stone facade could not be an appealing backdrop to new landscaping. 9. The DNR reports that the flood of 2008 is not an isolated, one -time event, and is expected to occur with increasing frequency. Further, according to a study by the Natural Resources Defense Council and the Rocky Mountain Climate Organization, heavy rainfall is falling more often in the Midwest and severe flooding has doubled in the last half - century. Failing to plan for the next flood is planning to fail. 10.Yes. Idyllwild is currently insured with flood insurance. However, in 2008, Parkview Church had flood insurance, yet it paid only $500,000 out of the $900,000 of damage that was incurred. Insurance does not mean there is no expense to the victim. Additionally, flood insurance does not cover the stress and anxiety from such a disaster. 11. If the grant money of $8 million is not used in our community, it will be redistributed for use somewhere else, not given back to taxpayers. We should use the funds that City staff (under the direction of the City Council) worked so hard to get. 12. The Taft Floodwall will protect those residing in the Peninsula, living along Foster Road, the Parkview Church, and Idyllwild's 92 families and real estate that was valued at close to $30 million at the time of the 2008 flood. At this moment, the City Council has the opportunity and the funding to protect the residents and homes north of the river without raising the flood levels of our neighbors to the south. A basic function of government is to protect the safety, welfare and health of its citizens. The Council would be remiss to do nothing and let the flood waters flow unabated the next time around. Please support the Taft Floodwall (500 year plus 3 feet) to protect Parkview Church, Foster Road and its residents and the 92 families and homes in the Idyllwild development. We all pay our share of taxes for these services, and deserve this protection. p T �'V From: MECrawford <MECrawford @aol.com> To: council <council(?_iowa- city.org> Cc: CLINESALLY <CLINESALLY(Zi)cs.com >; TMChait <TMChait Daol.com >; layton.olson <layton.olson0byetm.com >; Kurtkimmel <Kurtkimmel(aD_aol.com >; jholland <iholiand(a icialaw.com> Sent: Thu, Nov 15, 2012 2:40 pm Subject: Taft Speedway Levee- Urgent Need Members of the City Council and Staff City of Iowa City 410 E. Washington Street Iowa City, Iowa 52240 Dear City Council and Staff: I am writing in reference to the "urgent need" issue that has recently been brought to your attention by HUD. For the homeowners in Idyllwild, Parkview Church, the Peninsula and Mackinaw housing developments along Foster Road, I have prepared the attached document. Following are reasons for sending you this information: 1. First, of course, I strongly urge you to approve the Taft Speedway levee recommendation that the Council has received from City staff. 2. If you approve that recommendation, as you know, you will have to satisfy the HUD "urgent need" issue with the Iowa Economic Development Authority. 3. Therefore, I wanted to share the attached document which addresses (a) why this levee is necessary to protect a major development area in Iowa City, (b) all of the reasons why it has taken four years to get to the point where the City Council can finally vote on this issue, and (c) many of the reasons why the levee is necessary for all concerned, and specifically for the 92 homes in the Idyllwild community. Regardless of the passage of time, the need for the levee still exists and will until flood protection is provided. The need existed before the flood, it obviously existed in 2008, it exists today and it will exist tomorrow if nothing is done in the near future. Again, please review the attached document. Thank you. Sincerely, Michael Crawford 54 Pentire Circle Iowa City, Iowa 52245 319- 512 -5510 c ` +ary Iowa City, Iowa Taft Speedway Levee - Urgent Need° 4 Following the 2008 flood, the City of Iowa City, Iowa applied for a HUD Community Dev' 6pmerat Block= Grant (Disaster Recovery Program) to construct a levee along Taft Speedway and No Flame Road. The City received an $8million grant and the City Council accepted the award on December 7, 2010. The purpose of the grant is to provide flood protection to the Idyllwild community, a 92 home complex, Parkview Church, and Foster Road which provides access to a major development area in Iowa City including the Peninsula and Mackinaw communities. This area was inundated by the flood of 2008. All 92 homes and the church required significant restoration. For example, in my home we had 42 inches of water- a home that did not have flood insurance due to the fact that we were told by our mortgage company and the City of Iowa City that flood insurance was not necessary. Besides protecting the 92 homes and the church, the proposed levee will also protect the only entrance road (Foster Road) to the Peninsula and Mackinaw developments in Iowa City. These two areas already include many homes and are major development areas in the City. Of significance, of course to the City is the assessed value of the area that would be protected by the levee and the annual taxes that will be generated. in Idyllwild alone the present assessed value is more than $10.5million and generates about $170,000 a year in taxes. Those figures are significant, but consider the present $10.5million assessed value to a value of almost $30million prior to the 2008 flood. Following the acceptance of the CBDG grant by City Council a group of Iowa City citizens suggested that a study be done to determine the effects of a levee on all concerned. After discussions with the CDBG office at HUD and the Iowa Economic Development Authority, the decision was made by the City to contract with a consultant firm to do the study. This decision was made in February, 2011.20 months later the consultant study was completed and presented to City Council on October 23, 2012. The consultant firm did recommend moving forward with the levee and provided two suggested alternatives for a levee. At the same October 23, 2012 Council meeting, City staff's recommendation to City Council was to construct a levee costing $8.1million. With all of this work completed the City has now been told that they must now prove "urgent need" to receive the grant. THIS IS INFORMATION THEY ONLY RECEIVED IN RECENT DAYS. Unless this was only recently created by the CDBG Program in HUD, this information should have been provided three years ago when the funding was first made available. Now, because it is four years since the 2008 flood some question the "urgent need" for the levee and flood protection. So, the primary point is this. Because of the 2008 flood the "urgent need" was obvious and the City applied for funds to provide future flood protection to a developing area of Iowa City. Then, because of the timeline provided below, it took four years before the City Council received a recommendation from City staff to construct a levee. Again, because four years have passed, some may question the "urgent need ". The response to that is simple. Because of the 2008 flood an "urgent need" for flood control was created. That "urgent need" still exists today and there will be an "urgent need" in future if this project is not completed. In other words, common sense should tell us that the passage of time shouanot be a part of the "urgent need" definition. Gw. For further clarity on why it has taken four years to get to the point where the Iowa City Found can vote on this issue, I have provided the following timeline: 1. June, 2008 — The flood _ 2. Spring, 2009 —HUD released funds for flood disaster needs. 3. July, 2009 —Iowa City applied to HUD through the CDBG Disaster Recovery ProgramLJ,:q3r funds to construct the Taft Speedway Levee. 4. November, 2009 —Iowa City's request for funds for the levee was rejected due to the large number of flood projects requesting funds after the 2008 flood in the Midwest. 5. Summer, 2010 —More funds became available for the CDBG Disaster Recovery Program. 6. November, 2010 —Iowa City resubmitted its application for funds to construct a Taft Speedway levee and received an award letter. 7. December 7, 2010 —The Iowa City Council approved by a 7 -0 vote the acceptance of an $8million HUD grant for the purpose of building a levee to protect the Idyllwild /Parkview Church /Foster Road neighborhood. 8. February, 2011 —The City of Iowa City received a request from HUD officials to do an additional study relative to the proposed Taft Speedway levee. 9. July, 2011 — A consultant firm was hired by the City to do the study and their work began in July, 2011. 10. October 7, 2012 — The final consultant study was presented to the Iowa City Council. 11. October 7, 2012 — Iowa City staff recommended that the City Council construct an $8.1million (100 year + 3 feet) levee. Now that the City Council finally has received a recommendation to construct the Taft Speedway levee, please consider the following reasons why the City must move forward now with this project, with 100% support from HUD, and the Iowa Economic Development Authority which administers this program in Iowa.: 1. The Iowa Department of Natural Resources reports that the flood of 2008 is not an isolated, onetime event, and is expected to occur with increasing frequency. 2. According to a study by the Natural Resources Defense Council and the Rocky Mountain Climate Organization, heavy rainfall is falling more often in the Midwest and severe flooding has doubled in the last half century. 3. A Taft Speedway levee will provide protection to a developing area of Iowa City with a multi- million dollar assessed value and the capability of generating hundreds of thousands of dollars in tax revenue. In Idyllwild alone a levee will protect 92 family homes and real estate that was valued at close to $30million at the time of the 2008 flood. 4. The levee will help stabilize property values and support increased property taxes. 5. The Idyllwild Homeowners Association alone cannot fund a temporary flood protection wall due to its cost and intensive labor required to put it in place in the event of another flood. 6. The flood of 2008 has taken the Idyllwild community 4 years to overcome, and we are still not finished with the task. It was a devastating event that created financial ruin for some, and it cost over $8million to rebuild these 92 homes. That is about $87,000 per homeowner. 7. Idyllwild homeowners were not offered a buyout option by the City. This option was made available to at least 93 other homeowners that were flooded in 2008. The primary reason Idyllwild homeowners were not offered a buyout is that Idyllwild is a condo development, and as a homeowners association single entity we did not quality under certain FEMA rules. So, is there an "urgent need" to construct this levee? That hopefully is obvious. As was stated earlier, there certainly was the need following the immensely damaging flood of 2008. Regardless of how much time has passed since that flood the need still exists, and will until flood protection is provided. Time does not erase the need to protect a major Iowa City development area, and the reasons for the four year delay since 2008 were identified previously in this document. A basic function of City, State and Federal government is to protect the safety, welfare and health of its citizens. In one very important way this clearly can be accomplished by meeting the need for the Taft Speedway levee. Michael Crawford 54 Pentire Circle Iowa City, Iowa 52245 319 - 512 -5510 or 319 - 621 -5326 0) "tea �ti; 9 Marian Karr From: Gene Szymkowiak <gene. szymkowiak@g mail. com > Sent: Monday, November 26, 2012 2:47 PM To: Council Subject: flood wall taft speed way Dear Council, I have never understood how approval was given for development for the condos and the church on the floodway off of taft speedway to begin with. That area should never have been developed. It is a flood plain and has a real biologic function as well as way to reduce water velocity and damage during a flood. I do not approve of building a flood containment system in that area. If the council does decide to approve such a system no city funds should be used for building it. I am not sure, but I assume that many of the condo units are investment properties and as such should not be helped with taxpayer money. I am sure that the initial developers of the area made a fortune and so they are the winners but the losers should be the present owners not taxpayers. Thank you for accepting comments on this issue. Gene Szymkowiak 314 Hutchinson Ave Iowa City la. 319 339 1024 Marian Karr From: ann nevin <atn672@g mail. com> Sent: Monday, November 26, 2012 4:32 PM To: Council Subject: Levee Dear Council Members, I am against the levee being built to protect the Idyllwild neighborhood. The reasons I have outlined below. 1- The levee would benefit a select few and would not benefit the entire community. 2 -The fair solution is to do nothing. The Idyllwild neighborhood should be treated like other neighborhoods like Parkview Terrace and Taft speedway neighborhoods and make their own plans against flooding. 3 -HUD's urgent need objective is not met. There are no existing conditions which pose "a serious and immediate threat to the health or welfare of the community." Idyllwild and Parkview church have recovered. Half of the condos in Idyllwild have been sold to owners who knew of the flood. One owner bought fourteen condos as an investment. There should be no subsidy for these investors and the Idyllwild developer. I do not understand why the city should use property taxes to protect a neighborhood and which would cause harm and ill effects to other neighborhoods. 4 -The levee would be bad for the environment and damage the view from City Park. 5 -The grant money is federal tax dollars and other money comes from our property taxes. I find better uses for our tax dollars. Ann Nevin 891 Park PI Iowa City, 321 -2882 Marian Karr From: Rebecca Porter <jsdillon @mchsi.com> Sent: Monday, November 26, 2012 5:52 PM To: Council Subject: concerns regarding levee for Idyllwild and Park View Church Dear Council Members: I would urge you to reject further considerations of building a levee for the protection of Idyllwild and Park View Church. Here are my reasons: 1. The homes and Park View church in the Idyllwild area were built in a known flood plain. Thus, the consequences of choices made by people to build, buy, and invest in properties in a a place that carries a potential (and real) risk should not be borne by those who have similarly chosen not to build, buy, or invest in properties in a known flood plain. It is an unfair distribution of limited resources (our tax dollars) to spend money on a few people (who made choices with known potential hazards, such as flooding) when there are other more compelling (morally worthy) projects that the City could direct fiscal resources. Please consider fair distribution of limited resources in your moral decision - making. 2. Using a large sum of money for an expensive project to protect a small and select neighborhood when, at the same time, that project simply transposes the same (flood) risk on other people who have not chosen to assume the primary risk (build or invest in a flood plain). This does not make moral or fiscal sense. 3. While the levee might protect a small, select group of people (from the risk they knowingly and voluntarily assumed) it create an ugly physical barrier for others. 4. The levee creates and increases a burden to people, businesses, and property 'downstream' because it will simply push the problem to others - - who chose not to live, invest, or work in a known flood plain. 5. Has a study been completed that will assess the impact the levee will have on animals who share this space with us and whose access to the river (for food and for water) could be aversely affected? It seems to me that the consequences of unwise decisions made by others in years past should not be borne by others, today. Property was developed in a KNOWN flood plain. The decisions to allow that development were unwise then and are unwise now. Any decision to "protect" the consequences of those unwise decisions, by building a levee, is made on faulty reasoning and will only perpetuate the problem and appear as faulty, weak attempts to justify bad decisions of the past. You have an opportunity to re- direct funding that is needed by a larger group of Iowa City citizens and residents. The few people who have chosen to live in a flood plain have the opportunity to buy flood insurance and to create living spaces that can accommodate the risks they have knowingly assumed. Sincerely, Rebecca Porter 425 Hutchinson Avenue Iowa City, Iowa 52246 tel: 354 -3582 h Marian Karr From: Jane Dohrmann <jane. doh rmann @g mail. com> Sent: Monday, November 26, 2012 8:41 PM To: Council Subject: No levee, please Dear City Council, I kindly request that you consider not voting to build the levee. I believe that it would be best to use the money elsewhere out of respect for everyone affected by the flood and for environmental reasons. Respectfully, Jane Dohrmann 337 Ferson Ave. Iowa City I Marian Karr From: SCOTT SMITH <ssconstructionic @yahoo.com> Sent: Monday, November 26, 2012 9:05 PM To: Council To whom it may concern I was born and raised on Taft Speedway and I was wanting to know why are the Idlywild condos better or more imoportant than the houses on the river along Taft Speedway? Who has the right in this City, State of country to say one persons property is more important than someone elses? The houses along Taft Speedway have been there alot longer than the condos why should the home owners be punished for what others want? Growing up I remember the field that the condos are in flooding during heavy rain so why did the city allow them to be built except for greed the dollar came first because the city would make money from property taxes. Here is my proposal I fell if you build a leave than EVERY HOUSE ONTtAFT SPEEDWAY SHOULD BE RAISED TO THE LEVEL OF THE LEAVE AT THE CITY EXPENSE? This is only fair if you are going to protect the condos then protect the home owners along Taft Speedway! ! ! ! ! Thank you Scott Smith SS Construction l Marian Karr From: Clay Claussen <clayclaussen @aol.com> Sent: Monday, November 26, 2012 9:41 PM To: Council Cc: Mike Moran; Tammy Neumann Subject: Parks & Recreation Commission levee motions Council Members, As Chairperson of the Parks and Recreation Commission, I am forwarding the following two motions from our meeting on Wednesday, November 14, regarding the levee issue to be discussed at the next Council Meeting, Tuesday, November 27, 7:00 P.M.: Moved by Laurian, seconded by Bourgeois, that Parks & Recreation Commission recommend that Council consider the aesthetics, danger to bikers, walkers & runners, and the risk of increased danger of damage that displaced water may cause to City Park and surrounding areas. Motion passed with 6 approved, 2 opposed, 1 absence. Moved by Laurian, seconded by Bourgeois, that the Parks & Recreation Commission opposes the construction of a levy. Motion passed with 6 approved, 2 opposed and 1 absence. The general consensus was there should be no buildings in flood zones and all levees eventually are breached. Please contact me at clayclaussenCcD-gmail.com or 319 - 331 -9911 with any questions or concerns. Thank you for your consideration. Regards, Clay Clay Claussen 2145 Palmer Circle Iowa City, IA 52240 -5901 Cell: 319- 331 -9911 Home Office: 319 - 351 -4295 clayclaussen(ccD-g mail. com 67 Marian Karr From: joeywalker @mchsi.com Sent: Tuesday, November 27, 2012 8:11 AM To: Council Subject: Please oppose levee project Dear Members of the City Council, I strongly oppose the building of the Taft Speedway /ldyllwild levee. This project would possibly benefit a small number of residents, while putting others more at risk for future flooding. The most fair solution for all residents of Iowa City in this case is to do nothing. Spending this much money for a huge project to benefit a few seems wasteful and does not meet HUD's urgent need objective.. Please consider what is most benefical for all residents up and down river, as well as for the taxpayers who want to fund projects that are fair and necessary. Joey Walker 882 Park Place Iowa City, IA 52246 4 CITY OF IOWA CITY r" 16 IT ZON MEMORANDUM Date: November 20, 2012 To: Thomas M. Markus, City Manager From: Tracy Hightshoe, Community Development Planner' Re: Request for Financial Assistance — 3 Diamond Development Introduction The City received a request for financial assistance from 3 Diamond Development to acquire 1030 -1070 William St. to demolish and construct a 41 -unit senior development (aged 62 and older). The developer will apply for Low Income Housing Tax Credits ( LIHTC) from the Iowa Finance Authority (IFA) for this project. The developer's application for City funds is attached for your review. History/Background: The existing building was built in 1967 and was home to medical offices and commercial /service uses. In recent years, the property has seen increasing vacancies and is need of upgrades. The developer proposes to acquire the property, demolish the building and construct a new senior development. Total project costs are estimated at $6.6 million. Discussion of Solutions The National Development Council reviewed the developer's budget and operating proforma. Due to the high cost of land and the limitations on rent generated by the units under the HOME and LITHC programs, there is a financing gap present of approximately $1.3 million. The developer requests City assistance in the form of a $375,000, 20 -year general obligation bond repaid at an estimate interest rate of 2.5% (the interest rate applied at time of issuance will be the actual interest rate) and $300,000 as a forgivable loan in Towncrest gap financing funds. The developer will submit a CDBG /HOME application for $350,000 in January for City consideration as well. The developer will need to fill the remaining estimated gap through operating proforma adjustments, project cost savings, additional equity, improved tax credit pricing or additional debt. This project meets the goals of the Towncrest Urban Renewal Area by addressing the deterioration of existing commercial properties and encouraging revitalization of commercial and residential activities in the Towncrest neighborhood. The new three -story residential property for seniors will comply with the Towncrest Design Standards. Financial Impact: The $300,000 in Towncrest gap financing will come from the Towncrest Catalyst - Capital Improvement Plan and the $375,000 will be financed through a General Obligation Bond in the FY14 Capital Improvement Plan. The developer will apply for FY14 CDBG /HOME funds in January for City Council consideration. Recommendation: The City Council Economic Development committee reviewed the request on November 19, 2012 and recommended the financial terms as outlined above. IFA's Exhibit 5S, Local Government Contribution form must be executed by the City and submitted by the developer with their LIHTC application. This item will be placed on the City Council's November 27, 2012 agenda for consideration. The deadline to apply for LIHTC funds is December 10, 2012. November 15, 2012 Tracey Hightshoe City of Iowa City 410 E. Washington St. Iowa City, IA 52240 Ms. Hightshoe The purpose of this correspondence. is to respectfully request capital funds from the City of Iowa City for the construction of Diamond Senior Apartments. The proposed project is a forty -one (41) unit new construction development for seniors aged 62 and older. All forty -one units will be affordable to seniors whose respective income is at or below 60% AMI, which means the development will be affordable to seniors who have an annual income of $38,580 for a two- person household. This request is in conjunction with our application to the Iowa Finance Authority ( "IFA") for an allocation of Low Income Housing Tax Credits. Because of IFA's respective underwriting guidelines, our project faces a financing gap. In order to construct a feasible development budget which addresses said gap, 3DD is seeking $300,000 from the Towncrest Incentive Funds along with $375,000 from proposed General Obligation Bond proceeds Issued by Iowa City. Terms of the bonds follow a twenty (20) year term at an interest rate of 2.5%. We have been working diligently with Iowa City and appreciate the assistance you have provided throughout this planning process. Please feel free to call or email me with any questions regarding this arrangement. I appreciate your time and look forward to working with your group. Sincerely, Ben Porush Director of Operations -- 3 Diamond Development 2. Project Narrative Diamond Senior Apartments of Iowa City r r' Location Map: Site is located at 1030 -1070 William Street in Iowa City 2. Project Narrative Diamond Senior Apartments of Iowa City Prooertv Description: Site: Existing medical /commercial offices (to be demolished) 1.36 acres; 59,242 square feet Building Area: 45,033 square feet Target Population: Independent Elderly, 62 and older Buildina Description: Construction Type: New construction Number of units: 41 ADA Accessible units: 31 Common Area Amenities: Fitness Room Multi- purpose room Lounge Community garden Library Diamond Senior Apartments of Iowa City is a forty -one (41) unit new construction senior development (aged 62 and older) to be located at the intersection of Towncrest Drive and William Street. The existing building (1030 —1070 William Street) will be demolished to make way for the new development. The project will consist of twenty (20) one - bedroom units and twenty -one (21) two - bedroom units. Units will be affordable to individuals between 40% AMI and 60% AMI, which means units will be affordable to seniors with annual incomes between $13,200 and $38,580. Ten (10) units will be affordable to households at or below 40% AMI and the remaining thirty -one (31) units will be affordable to households at or below 60% AMI. Thirty -one (31) units will be ADA accessible. There will also be forty - one (41) parking spaces in a surface lot. Diamond Senior Apartments is being designed specifically for the aging population and the building design allows for an abundance of social space. The building's design includes the main lobby, a multi- purpose room with a TV, a community garden, a library, an exercise room with equipment appropriate for the 55 and over population and the property management office. The building will also offer storage lockers and a trash /recycling room. At least seventy -five percent (75 %) of the building will be fully accessible for those with physical disabilities and it will also institute a no- smoking policy. Units will have wireless internet and will be cable ready. All bedrooms and living rooms will have wall - to -wall carpet. Bathrooms and kitchens will have vinyl flooring. Appliances will include refrigerator /freezer, dishwasher, microwave, electric range /oven, fan /hood /light, and a stainless steel sink. All units will have an in -unit washer and dryer. Windows will have mini - blinds and kitchens will include wood cabinets and plastic laminate counters. The building will include automatic fire sprinklers, a fire alarm and smoke detectors. With regards to the interior paints, primers, adhesives, caulks and water heaters, the building will incorporate a variety of environmentally friendly products and features. Further, the building will also abide by strict green and energy efficiency standards, including a Home Energy Rating Systems (HERS) rating of 68 or less. The proposed site is well- suited for senior housing. Within one mile is a variety of amenities which are essential to maintaining a senior's quality of life. These amenities include a Hy -Vee and United Natural Foods grocery store, Elder Services Inc. Senior Center, four medical service locations and a Walgreens Pharmacy. 2. Project Narrative Diamond Senior Apartments of Iowa City 3 Diamond is working with the City of Iowa City for assistance with funds to acquire the site. They will be applying for Low Income Housing Tax Credit from the Iowa Finance Authority (IFA) in December 2012, IFA LIHTC awards will be announced in March and construction is anticipated to begin in November 2013. General Information: Affordability: Units are anticipated to be restricted as follows: Type of Unit Average Size 1BR 2611 Total Units 40% AM 652 sf 5 5 10 60% AM 1 873 sf 15 16 31 TOTAL: 20 21 41 Proposed Rents: IFA will order a complete market study as part of the LIHTC review process. 3DD engaged a market analyst to survey area rents and is estimating the following rents. When the final IFA market study is completed, rents may be modified, however the current estimated rents at all income levels are as follows: *This utility allowance assumes tenants pay heating (g), air conditioning, cooking (e) and other electricity. The owner pays water, sewer and hot water. * *Units reserved at 40% AMI may be utilized by the Iowa City Housing Authority. Underthis scenario, residents would pay 30% of their respective income. Proposed Uses: The project will be used exclusively as senior housing for seniors 62 and older. Construction: This building will be new construction. Parking: The development includes 41 surface spaces in a surface parking lot adjacent to the building. Please note this meets the respective 1:1 ratio zoning requirement. Neiahborhood Description & Site Selection: 3 Diamond Development (3DD) has worked in conjunction with the City of Iowa City to identify the proposed site. In 2010, Iowa City published a Master Plan for the Towncrest Area. Throughout the plan, Iowa City makes it clear that its primary objective is to re- establish Towncrest as a neighborhood epicenter through the reimaging of its physical character and reinvestment of its infrastructure. This will help to create of point of focus and renewed interest for business development within Iowa City. The overall vision centers on a vibrant and connected combination of residential and commercial. Utility Allowance* 40 %AMI ** 60 %AMI 1 BR 66 370 600 2 BR 88 370 680 *This utility allowance assumes tenants pay heating (g), air conditioning, cooking (e) and other electricity. The owner pays water, sewer and hot water. * *Units reserved at 40% AMI may be utilized by the Iowa City Housing Authority. Underthis scenario, residents would pay 30% of their respective income. Proposed Uses: The project will be used exclusively as senior housing for seniors 62 and older. Construction: This building will be new construction. Parking: The development includes 41 surface spaces in a surface parking lot adjacent to the building. Please note this meets the respective 1:1 ratio zoning requirement. Neiahborhood Description & Site Selection: 3 Diamond Development (3DD) has worked in conjunction with the City of Iowa City to identify the proposed site. In 2010, Iowa City published a Master Plan for the Towncrest Area. Throughout the plan, Iowa City makes it clear that its primary objective is to re- establish Towncrest as a neighborhood epicenter through the reimaging of its physical character and reinvestment of its infrastructure. This will help to create of point of focus and renewed interest for business development within Iowa City. The overall vision centers on a vibrant and connected combination of residential and commercial. 2. Project Narrative Diamond Senior Apartments of Iowa City Through the planning process, Iowa City has specifically identified the proposed site for senior housing. 3131) is thrilled to be catalyst for the overall redevelopment of the area. The architecture and design of the building will meet all the design guidelines which are highlighted in the Master Plan. Accordingly, 3DD and Platinum Healthcare's extensive experience has taught them that senior living developments thrive in areas which have instant access to the Immediate community. Diamond Senior Apartments is within extremely close proximity to amenities vital to the senior population. In particular, grocery stores, pharmacies, senior centers and medical services are all located within one -mile of the project's proposed site. Please refer to the chart below which highlights specific amenities and their respective distance from the site: The development team feels it is vital to target neighborhoods which allow seniors to engage with the community as a whole. Additionally, the proposed site is located adjacent to the Towncrest Urban Renewal Area, and the development team has ensured that the project complements the plan's respective goals. Please refer to the map below which highlights the site's location within Towncrest Urban Renewal Area Plan: Senior Oriented Amenities Within Close Proximity to Proposed Site Amenity Name Address I� Distance (MI) Grocery Store Hy -Vee 812 South 1st Avenue Iowa City 0.2 Grocery Store United Natural Foods 2340 Heinz Road Iowa City 1 Senior Center Home Instead Senior Care 1700 South 1st Ave #28 Iowa City 0.6 Senior Center Elder Services Inc 1556 South lst Ave Iowa City 0.5 Senior Center City of Iowa City Senior Center 28 South Linn Street Iowa City 119 Medical Services Caring Hands and More 1556 South 1st Ave Iowa City 0.5 Medical Services Free Medical Clinic 2440 Towncrest Drive Iowa City 011 Medical Services Heartland Healthcare Associates, P.C. 1700 South 1st Ave Iowa city 0.6 Medical Services UI Family Care Southeast 1130 South Scott Blvd Iowa City 0.8 Pharmacy Walgreens 2214 Muscatine Ave Iowa City 0.3 Pharmacy Towncrest Pharmacy 2306 Muscatine Ave Iowa City 0.2 The development team feels it is vital to target neighborhoods which allow seniors to engage with the community as a whole. Additionally, the proposed site is located adjacent to the Towncrest Urban Renewal Area, and the development team has ensured that the project complements the plan's respective goals. Please refer to the map below which highlights the site's location within Towncrest Urban Renewal Area Plan: '._.1 V_-.0a. Proposed Site _ t7 t- • '._.1 V_-.0a. Proposed Site _ t7 2. Project Narrative Diamond Senior Apartments of Iowa City Need for Proposed Activity: In addition to the feedback 3DD has received from local officials regarding a distinct need for affordable senior housing, 3DD has also utilized the Iowa City Metro Area Affordable Housing Market Analysis (dated 2012). In the study, the City of Iowa City, in collaboration with Coralville, North Liberty, Tiffin and University Heights, analyzed the forecasted state of affordable housing. The study concluded that the total affordable housing demand was at approximately 5,450 units whereas the corresponding supply was only 2,711 units, marking a distinct need. The team employed to perform the study recommended to target "potential redevelopment areas in Iowa City that present opportunities for new affordable housing and neighborhood revitalization" and to "dedicate specific sources of revenue to finance affordable housing development over the long term." 3DD's proposed development accomplishes these objectives by demolishing an older building and replacing it with a high quality, environmentally - friendly and aesthetically pleasing apartment building which is affordable to the area's seniors. Towncrest had been pinpointed by the City as an area in need of redevelopment and the proposed site has been identified specifically for senior housing. Therefore, the project will also aid the City In carrying out its long term goals of revitalizing the immediate vicinity surrounding the site and providing affordable rental housing for seniors. The development team is also reviewing the data reported in the 2012 Iowa Housing Study, which is in draft form and was commissioned by the Iowa Finance Authority. The study noted the drastic increase among the state's senior population, which grew by over 45% during the last decade. At the same time, the decade experienced a drop in household wealth along with an increased cost of living. With regards to the current housing stock, 25% is now older than 70 years old, suggesting increased maintenance and operating costs. Accordingly, these combined factors signify a clear need for additional affordable housing units within the state, especially forthe senior population. The proposed project aims to assist Johnson County to meet this need. The building will be made affordable to a growing senior population which has been proven to be in need of quality housing options. In addition to affordability, the building will also provide direct access to a multitude of community services, allowing the residents to interact with the area as a whole. 4. Description of Development Team Diamond Senior Apartments of Iowa City Development Team Experience The owner has assembled an experienced development team. Each team member has vast LIHTC experience, and brings unique knowledge to the project. The team members are as follows: Developer: 3 Diamond Development 3DD and its parent company Platinum Health Care have extensive in the senior housing market, including affordable senior housing, nursing homes and supportive living facilities throughout Illinois, Iowa, Missouri, Wisconsin, Indiana and Ohio. Overall, Platinum Health Care owns and manages more than 3,100 skilled beds in 27 nursing homes and one supportive living facility. 3DD is the owner of three Low Income Housing Tax Credit senior affordable housing projects, as described below: Wrightwood Senior Apartments (89 units), 2815 W. 79th Street, Chicago, Illinois: Wrightwood Senior Apartments was awarded LIHTCs from IHDA in 2008, closing on financing and began construction in August 2009. The project finished two months ahead of schedule and reached 100% occupancy by December 2010. The building is currently 100% occupied with no vacancy. Diamond Senior Apartments at Wingate Drive (61 units), 1401 Wingate Road, Dubuque, Iowa: This project was awarded LIHTCs from the Iowa Finance Authority in June 2010, and closed on financing in December 2010. The building is 100% occupied with no vacancy. Diamond Senior Apartments of Oswego (60 units), 3350 White Oak Drive, Oswego, Illinois: This project was awarded LIHTCs in October 2010, and closed on financing and began construction in June 2011. Construction completed two months ahead of schedule, and the building is exceeding its lease -up projections. General Contractor: Portzen Construction Mike Portzen, Principal 205 Stone Valley Drive, Dubuque, IA, 52003 563.557.7642 mportzen@pci-dbq.com Mike Portzen Construction began in 1983 with several housing rehab projects that were conversions from older obsolete buildings. Mike Portzen Construction was incorporated in May of 1989, changing the name to Portzen Construction, Inc. The company has since developed into a multi- faceted organization, including complete excavation services for underground utilities, water service, storm and waste water piping, street repairs, and building foundations; concrete services for roads, streetscapes, parking lots and street paving, building foundations and structural concrete; carpentry services for residential, commercial and industrial structures including framing, finishing, cabinetry, siding and roofing; plumbing services for residential, commercial, and industrial projects including process piping for water treatment, waste water treatment plants and aquatic facilities for moderate size cities. Portzen is currently working on a $5.5 million dollar high school addition and renovation at City High in Iowa City. Portzen Construction, Inc. calls upon construction experience from hundreds of projects in the tri -state area. In addition to the construction disciplines noted above, Portzen Construction, Inc has accumulated experience in land development and is currently developing property along Dubuque's US 20 Corridor. 4. Description of Development Team Diamond Senior Apartments of Iowa City Mike Portzen's extensive mathematical ability along with his enthusiastic, energetic drive for excellence has contributed to his success as a respected businessman in the community. Mike takes great pride in projects completed on schedule and within target budgets. Portzen was also the contractor for 3DD's project in Dubuque. Architect: Behles & Behles Ken Behles, Principal 818 Church Street, Evanston, IL 60201 847.864.0440 kenb@behlesbehles.com BEHLES +BEHLES, a professional design partnership, provides design services in the fields of architecture, planning and interior design. The firm was organized in 1984 by the two founding principals, Kenneth L. Behles, AIA and Joseph J. Behles, AIA. B +B is a design - oriented firm, dedicated to serving a diverse group of commercial, institutional and residential clients. B +B's professional staff of twelve has a wide range of project experience and creative talent and their collaborative approach to design takes advantage of individual skills while working toward collective goals. The design team includes B +B in- house staff and outside engineering /technology consultants. Each member is selected for his ability to contribute individual expertise within a common set of objectives. B +B has worked with the developer on the interior design of Wrightwood Senior Apartments, and is the architect of record for 3DD's Oswego and Dubuque projects. Property Manager: Paramark Corp. Dan Cogdill 1212 West 3`d Street, Davenport, IA 52802 319.415.7610 dcoadill @paramark, us Paramark Real Estate Services provides a wide range of Residential Property Management services, customized to meet the unique needs of each of their. Their integrated team -based approach facilitates effective and timely communication between all parties, from tenants to property managers, vendors to facility technicians, accountants to our most important point of contact — clients. Paramark provides the following comprehensive list of services in support of our Residential Property Management portfolio: • Experienced, educated and motivated Property Manager assigned to each unique asset performing fundamental management services • Occupancy & Leasing Management • Facility Operation & Maintenance Services • Tenant, Vendor and Subcontractor Relations • Operating Budget Development & Management • Rent Collection & Property Inspections • Market & Rent Analysis • Facilitate Third -Party Legal & Accounting Services • Comprehensive Account Management based on specialized client needs 4. Description of Development Team Diamond Senior Apartments of Iowa City • Customized Financial and Accounting Services • Detailed reporting developed specificallyfor each unique facility, including: • Monthly Financial & Operating Reports • Property Inspection Reports • Leasing Activity & Occupancy Reports The Paramark team has a wealth of experience and provides residential management services for Conventional Apartment Complexes and Communities, Section 8, Section 42 & Section 236 Apartment Facilities, Residential Associations (Townhomes and /or Condominiums) and Cooperative Housing. Paramark also serves as property manager for Diamond Senior Apartments of Wingate Drive. Financial Consultant: Lighten -Gale Group Maggy Tinucc! 39 S. LaSalle Street, #808, Chicago, IL 60601 312.920.1500 X 107 mtinucci@housingdeveloper.com Lighten -Gale Group (LGG), a consulting firm in business since 1999, has extensive experience in coordinating financing and project management services related to the development of affordable, market rate and mixed income housing. LGG specializes in multi - family affordable housing but also coordinates other creatively financed projects. LGG is coordinating all of the private and public financing for this project. LGG has served as the financial consultant in all of 3DD's senior affordable housing developments. S. Evidence of Site Control Diamond Senior Apartments of Iowa City Please note that site control is still in the process of being negotiated with the current owner. However, site control is a mandatory requirement for IFA's LIHTC application which must be submitted by December 10, 2012. 6. Process Description Diamond Senior Apartments of Iowa City Zoning Please note the project's respective zoning change is currently underway. 3DD has requested the rezoning of the proposed site from Commercial Office (ODR -CO -1) to Medium - Density Multi - Family Residential (ODR- RM -20). The following milestones have been achieved or are anticipated in the very near future: 10/4/2012: Project was presented to Iowa City's Planning & Zoning Board 11/13/2012: First of required three readings of the zoning change proposal made by the Board 11/27/2012: Second of required three readings made 12/6/2012: Last reading made by Board; Anticipated formal recognition and adoption of project's zoning change Environmental Issues A Phase I Environmental Report has not yet been ordered for the proposed site. However, the development team does not anticipate any environmental issues to arise during the course of acquisition, demolition and construction. Utilities All utilities and related infrastructure is currently on site. No extensions or additional infrastructure is required in the scope of work. Regulatory The project will be applying for an allocation of Low Income Housing Tax Credits from the Iowa Finance Authority ( "IFA "). Accordingly, all of the forty -one (41) units will be affordable to seniors whose annual income is at or below 60% AMI. There are also various regulatory requirements the project must abide by, including the following: • At least seventy -five percent (75 %) of the building, or 31 units, will be fully accessible forthose with physical disabilities • Forty -one (41) parking spaces in a surface lot • The building will institute a no- smoking policy • The building will abide by strict green and energy efficiency standards, including a Home Energy Rating Systems (HERs) rating of 68 or less • Twenty -five percent (25 %) of the total project units will be eligible to receive supportive services tailored to the senior population Architectural Timeline The architect, Behles & Behles, has partnered with 3DD on Diamond Senior Apartments of Dubuque, located in Dubuque, Iowa. Dubuque was also a development financed through Low Income Housing Tax Credits. Preliminary design plans will be submitted as required with the IFA application on December 10, 2012. If awarded an allocation, final design plans are anticipated to be completed in July 2013. Construction The projected start date for construction is anticipated for November 2013 and scheduled to be completed in August 2014. 10. Description of Target Market & Resident Profile Diamond Senior Apartments of Iowa City Target Market 3DD has utilized the Iowa City Metro Area Affordable Housing Market Analysis (dated 2012) to assist in determining the anticipated target market area. In this respective study, the City of Iowa City, in collaboration with Coralville, North Liberty, Tiffin and University Heights, analyzed the forecasted state of affordable housing. The study concluded that the total affordable housing demand was at approximately 5,450 units whereas the corresponding supply was only 2,711 units, marking a distinct need. It is anticipated that residents will primarily derive from these areas. Accordingly, the proposed site is well- suited for senior housing. Within one mile is a variety of amenities which are essential to maintaining a senior's quality of life. These amenities include a Hy -Vee and United Natural Foods grocery store, Elder Services Inc. Senior Center, four medical service locations and a Walgreens Pharmacy. Because this project is currently in the planning phase and has yet to have been awarded an allocation of LIHTCs, there are currently no existing committed leases. However, based on the market analysis by the development team, lease -up is estimated to take approximately six (6) months, with occupancy beginning August 2014 and full occupancy achieved February 2015. Resident Profile Diamond Senior Apartments of Iowa City is intended to provide an affordable housing alternative to seniors aged 62 and older. The project will consist of twenty (20) one - bedroom units and twenty -one (21) two - bedroom units and will be affordable to individuals between 40% AMI and 60% AMI, which means units will be affordable to seniors with annual incomes between $13,200 and $38,580. Ten (10) units will be affordable to households at or below 40% AMI and the remaining thirty -one (31) units will be affordable to households at or below 60% AMI. The development will also provide thirty -one (31) ADA accessible units. Further, twenty -five percent (25 %) of the total project units will be eligible to receive supportive services tailored to the senior population. 11. Preliminary Schedule Project Development Timeline - Iowa City ACQUISTION Site Control November 2012 Site Acquisition November 2013 ARCHITECTURAL Preliminary site plan and elevation 9/19/2012 Preliminary design plans 12/10/2012 Final design plans completed /Submit for permits 7/1/2013 ZONING & PLANNING Zoning Meeting 10/4/2012 Planning & Zoning Introduction 10/4/2012 City Council (1st Reading) 11/13/2012 City Council (2nd Reading) 11/27/2012 City Council (3rd Reading & Adoption) 12/6/2012 FINANCING LIHTC IFA Application Submission 12/10/2012 Project awarded LIHTC allocation March 2013 LIHTC Equity LOI May 2013 Closing November 2013 First Mortgage /Equity Bridge Loan Bank LOI September 2012 Firm Commitment September 2013 Loan Closing November 2013 Johnson County Trust Fund Trust Fund Application Due 9/20/2012 Distribution Committee Meeting 10/20/2012 Funding Agreement 11/9/2012 Draw down of funds November 2013 City of Iowa City Funding (Anticipated) Submit funding request September 2012 City Council approval December 2012 Closing on Grant /Loan Funds November 2013 CONSTRUCTION Construction cost finalized August 2013 Projected construction start date November 2013 Construction completion August 2014 EAL SE.UP Final tenant selection plan November 2013 Begin marketing activities /tenant screening April 2014 Occupancy begins August 2014 Full occupancy achieved February 2015 1� Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 12 -506 RESOLUTION AUTHORIZING THE MAYOR TO SIGN A LETTER OF SUPPORT OF THE APPLICATION OF IOWA CITY SENIOR APARTMENTS, L.P. FOR LOW INCOME HOUSING TAX CREDITS (LIHTC) TO CONSTRUCT A MULTI -UNIT SENIOR RESIDENTIAL PROJECT AT 1030 WILLIAM STREET AND COMMITTING LOCAL FUNDS TO THE PROJECT. WHEREAS, 3 Diamond Development LLC is the managing partner of Iowa City Senior Apartments, L.P.; WHEREAS, Iowa City Senior Apartments, L.P. intends to apply for low income housing tax credits from the Iowa Finance Authority to finance the construction of a 41 -unit elderly housing project in the Towncrest neighborhood; WHEREAS, as part of the application, the developer requests a resolution by the City supporting the application and committing local funds; WHERES, the Economic Development Committee recommends that the City commit to gap financing of $300,000 in Towncrest Catalyst - Capital Improvement Plan and $375,000 in a loan to Iowa City Senior Apartments, L.P.; WHEREAS, the Economic Development Committee also recommends that the City welcome an application by 3 Diamond Development LLC for $350,000 in FY14 CDBG /HOME funding, which will be allocated in the normal City allocation process in 2013; and WHEREAS, it is in the best interest of the City to support this affordable housing project NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City supports the proposed 41 -unit development by Iowa City Senior Apartments, L. P. 2. The City commits to granting a 20 -year loan to Iowa City Senior Apartments, L.P. of $375,000 amortized over 20 years to be financed through the issuance of general obligation bonds. 3. Interest on said loan will be determined at the time the bonds are issued which the City Finance Director anticipates to be 2.5 %. 4. The loan agreement shall be approved by the City Council. 5. The loan commitment is premised on the recitals in this resolution, and if a fact listed in any recital changes, the City in its sole discretion may rescind its commitment by resolution. 6. The City further commits a $300,000 conditional occupancy loan (i.e., no interest/no payment loan) to Iowa City Senior Apartments, L.P. from the Towncrest Catalyst - Capital Improvement Plan. 7. The City welcomes an application by 3 Diamond Development LLC for $350,000 in FY14 CDBG /HOME funds. Resolution No. 12 -506 Page 2 Passed and approved this 971-h day of November 2012. MAYOR ATTEST: 2?L.,�,2 k CITY °LERK Approved by C�C it -do City Attorney's Office Resolution No. 12 -506 Page 3 It was moved by Mims and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x_ Champion x Dickens x Dobyns x Hayek x Mims x Payne Y_ Throgmorton