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HomeMy WebLinkAbout2014-10-07 Correspondence3e(1) Marian Karr From: blt376 @aol.com Sent: Tuesday, September 16, 2014 4:51 PM To: Council Subject: Fwd: Highland Avenue Bus Accident - - - -- Original Message---- - From: blt376 <blt376 @aol.com> To: bontrager.mary <bontrager.mary@iowacityschools.org >; Chris.Lynch < Chris . Lynch @iowacityschools.org >; Marla.Swesey < Marla .Swesey @iowacityschools.org >; ulrike.carison <ulrike.carlson @gmail.com> Sent: Tue, Sep 16, 2014 3:42 pm Subject: Highland Avenue Bus Accident As a resident of the Highland Avenue area, I have been greatly concerned about the traffic in this neighborhood. Living on the corner of Highland and Yewell Street provides an opportunity to see many motorists speeding through the area. This street is a speedy alternative to Highway 6 and Kirkwood Avenue. I have on numerous occasions contacted the police department and traffic engineering. Members of the Lucas Farms Neighborhood Association recently petitioned for a traffic survey in the area. Although results have not been fully disclosed, preliminary information shows the 85th percentile speed is being exceeded. This qualifies the area for consideration of traffic calming measures and will be discussed by Highland Avenue residents sometime in October. With Mark Twain Elementary School only one block away, I have major concerns regarding speed enforcement, street conditions, and poorly marked crosswalks along Highland Avenue. Each of these areas has considerable impact on the safety of school -aged children in the neighborhood. Yesterday there was a school bus -car collision along Highland Avenue. Apparently the automobile driver was arrested for operating the vehicle while intoxicated. This only further escalates my concerns regarding traffic in this area and safety within the neighborhood. I am writing to ask your support as the Highland Avenue neighbors look for solutions to improve traffic management in the area. As the safety of our children is a top priority, your support will be critical to us. If you have ideas or concerns I hope that you will share them with me. I look forward to working closely in an effort to improve the safety of Highland Avenue and the surrounding neighborhood. Sincerely, Bob Temple 1402 Yewell St. Iowa City 319 -430 -0146 Marian Karr From: Marian Karr Sent: Thursday, September 18, 2014 2:51 PM To: Marian Karr Subject: FW: Highland Avenue Bus Accident Attachments: Traffic Calming Brochure - 2011 (2).pdf From: Kent Ralston Sent: Thursday, September 18, 2014 1:47 PM To: 'bit376 @aol.com' Cc: Marian Karr; Tom Markus; Geoff Fruin Subject: RE: Highland Avenue Bus Accident Mr. Temple, Thank you for your correspondence. The City has received your neighborhood's petition for traffic calming on Highland Avenue. It is my understanding that you have been in touch with the Traffic Engineering Planner regarding the petition. I have attached a copy of the City's traffic calming brochure which provides information on the program including qualifying criteria and a description of the steps involved in the process. After a petition is received, the first step is to perform a traffic study. As you mentioned, a traffic study was recently conducted which indicated that the 85th percentile speeds are at least 5 mph over the posted speed limit - this qualifies Highland Avenue for the traffic calming program. The traffic speed and volume data collected will be shared with the neighborhood at our meeting in October. The next step in the adopted traffic calming process is to host a neighborhood meeting with residents. Highland Avenue households will receive an invitation to the meeting in the coming weeks. At the meeting we will discuss neighborhood concerns and potential strategies to address them. The ultimate goal of the meeting is to come to a consensus on a traffic calming strategy to pursue. Following the meeting, if it is determined that the strategy could be executed safely and effectively, each Highland Avenue household will be formally surveyed by mail to determine if the neighborhood would like to move forward. As this is a neighborhood driven process, a super- majority of households (60 %) must favor the traffic calming strategy in order for the City Council to formally consider the measure. I look forward to meeting with you and your neighbors to discuss this matter. Please feel free to contact myself or Darian Nagle -Gamm (darian- nag le-gamm(&iowa- city.org) if you have any questions on the traffic calming program /process prior to the meeting. Best Regards, Kent Ralston, AICP Executive Director I Metropolitan Planning Organization of Johnson County Transportation Planner I City of Iowa City 410 E. 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M m -F-2 C =Jn I* Z mac Im N J ;k 0 - A 00 d 3 J w w w 3 m n dQ Marian Karr 3e(2) From: Adam B Sullivan <sullivan.ab @gmail.com> Sent: Wednesday, September 17, 2014 1:50 PM To: Council Cc: Doug Hart; Sam Hargadine Subject: Body cameras Attachments: police_body- mounted cameras. pdf Hello council members - Thank you for removing the body camera purchase from the consent calendar and discussing it during the meeting. I appreciate the careful consideration you've given this item and the important questions that were raised at last night's meeting. In case you haven't seen it already, I wanted to share this report from the ACLU, which outlines some recommendations for how these devices could be used: https: / /www.aclu.org /technology- and - liberty /police- body- mounted - cameras - right - policies place- win -all Thanks Adam Adam B Sullivan 319.430.7882 http: / /adambsullivan.com Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. Police Body- Mounted Cameras: With Right Policies in Place, a Win For All By Jay Stanley, ACLU Senior Policy Analyst. October, 2013 Introduction' When a New York judge found that the NYPD's stop and frisk tactics violated the constitutional rights of New Yorkers, one of the remedies she ordered was for the department to begin testing wearable police cameras, sparking debate and discussion of the technology there. These "on- officer recording systems" (also called "body cams" or "cop cams ") are small, pager - sized cameras that clip on to an officer's uniform or sunglasses or are worn as a headset, and record audio and video of the officer's interactions with the public. We have heard reports of police body cameras being deployed in numerous cities, and one prominent manufacturer told NBC that it had sold them to "hundreds of departments." The ACLU has commented on police body cameras in the media several times over the years (and in stories surrounding the stop and frisk ruling), but the ACLU's views on this technology are a little more complicated than can be conveyed through quotes in a news story. Although we generally take a dim view of the proliferation of surveillance cameras in American life, police on -body cameras are different because of their potential to serve as a check against the abuse of power by police officers. Historically, there was no documentary evidence of most encounters between police officers and the public, and due to the volatile nature of those encounters, this often resulted in radically divergent accounts of incidents. Cameras have the potential to be a win -win, helping protect the public against police misconduct, and at the same time helping protect police against false accusations of abuse. We're against pervasive government surveillance, but when cameras primarily serve the function of allowing public monitoring of the government instead of the other way around, we generally regard that as a good thing. While we have opposed government video surveillance of public places, for example, we have supported the installation of video cameras on police car dashboards, in prisons, and during interrogations. At the same time, body cameras have more of a potential to invade privacy than those deployments. Police officers enter people's homes and encounter bystanders, suspects, and victims in a wide variety of sometimes stressful and extreme situations. For the ACLU, the challenge of on- officer cameras is the tension between their potential to invade privacy and their strong benefit in promoting police accountability. Overall, we think they can be a win- win —but only if they are deployed within a framework of strong policies to ensure 1 The author would like to thank Doug Klunder of the ACLU of Washington, who did much of the thinking behind the analysis set forth in this paper; Scott Greenwood of Ohio; and his colleagues at the national office, for their valuable feedback and advice. they protect the public without becoming yet another system for routine surveillance of the public, and maintain public confidence in the integrity of those privacy protections. Without such a framework, their accountability benefits would not exceed their privacy risks. On- officer cameras are a significant technology that implicates important, if sometimes conflicting, values. We will have to watch carefully to see how they are deployed and what their effects are over time, but in this paper we outline our current thinking about and recommendations for the technology. These recommendations are subject to change. Control over recordings Perhaps most importantly, policies and technology must be designed to ensure that police cannot "edit on the fly" — i.e., choose which encounters to record with limitless discretion. If police are free to turn the cameras on and off as they please, the cameras' role in providing a check and balance against police power will shrink and they will no longer become a net benefit. The primary question is how that should be implemented. Purely from an accountability perspective, the ideal policy for body -worn cameras would be for continuous recording throughout a police officer's shift, eliminating any possibility that an officer could evade the recording of abuses committed on duty. Of course, just as body cameras can invade the privacy of many innocent citizens, continuous deployment would similarly impinge on police officers when they are sitting in a station house or patrol car shooting the breeze — getting to know each other as humans, discussing precinct politics, etc. We have some sympathy for police on this; continuous recording might feel as stressful and oppressive in those situations as it would for any employee subject to constant recording by their supervisor. True, police officers with their extraordinary powers are not regular employees, and in theory officers' privacy, like citizens', could be protected by appropriate policies (as outlined below) that ensure that 99% of video would be deleted in relatively short order without ever being reviewed. But on a psychological level, such assurances are rarely enough. There is also the danger that the technology would be misused by police supervisors against whistleblowers or union activists — for example, by scrutinizing video records to find minor violations to use against an officer. If the cameras do not record continuously, that would place them under officer control, which would create the danger that they could be manipulated by some officers, undermining their core purpose of detecting police misconduct. This has sometimes been an issue with patrol car "dashcams" — for example, in the case of two Seattle men who filed a claim for excessive force and wrongful arrest. Parts of the arrest were captured by a dashcam, but parts that should have been captured were mysteriously missing. And with body cams, two Oakland police officers were disciplined after one of the officers' cameras was turned off during an incident. The balance that needs to be struck is to ensure that officers can't manipulate the video record, while also ensuring that officers are not subjected to a relentless regime of surveillance without any opportunity for shelter from constant monitoring. One possibility is that some form of effective automated trigger could be developed that would allow for minimization of recording while capturing any fraught encounters — based, for example, on detection of raised voices, types of movement, etc. When it comes to dashcams, N the devices are often configured to record whenever a car's siren or lights are activated, which provides a rough and somewhat (though not entirely) non - discretionary measure of when a police officer is engaged in an encounter that is likely to be a problem. That policy is not applicable to body cams, however, since there is no equivalent to flashing lights. And it's not clear that any artificial intelligence system in the foreseeable future will be smart enough to reliably detect encounters that should be recorded. In any case, it is not an option with today's technology. If a police department is to place its cameras under officer control, then it must put in place tightly effective means of limiting officers' ability to choose which encounters to record. That can only take the form of a department -wide policy that mandates that police turn on recording during every interaction with the public. And this requirement must have some teeth associated with it — not only a risk of disciplinary action but also perhaps an exclusionary rule for any evidence obtained in an unrecorded encounter (for police who have been issued the cameras, unless there is an exigency to justify the failure to record). Another means of enforcement might be to stipulate that in any instance in which an officer wearing a camera is accused of misconduct, a failure to record that incident would create an evidentiary presumption against the officer. Limiting the threat to privacy from cop cams Most of the discussion around police recording has focused on its oversight potential. But that is only one of the significant interests implicated by recording. Equally important are the privacy interests and fair trial rights of individuals who are recorded. Ideally there would be a way to minimize data collection to only what was reasonably needed, but there's currently no technological way to do so. Police body cameras mean that many instances of entirely innocent behavior (on the part of both officers and the public) will be recorded, with significant privacy implications. Perhaps most troubling is that some recordings will be made inside people's homes, whenever police enter — including in instances of consensual entry (e.g., responding to a burglary call, voluntarily participating in an investigation) and such things as domestic violence calls. In the case of dashcams, we have also seen video of particular incidents released for no important public reason, and instead serving only to embarrass individuals. Examples have included DUI stops of celebrities and ordinary individuals whose troubled and /or intoxicated behavior has been widely circulated and now immortalized online. The potential for such merely embarrassing and titillating releases of video is significantly increased by body cams. Therefore it is vital that any deployment of these cameras be accompanied by good privacy policies so that the benefits of the technology are not outweighed by invasions of privacy. The core elements of such a policy follow. Notice to citizens Most privacy protections will have to come from restrictions on subsequent retention and use of the recordings. There are, however, a couple of things that can be done at the point of recording. 3 1) Recording should be limited to uniformed officers and marked vehicles, so people know what to expect. An exception should be made for SWAT raids and similar planned uses of force when they involve non - uniformed officers. 2) Officers should be required, wherever practicable, to notify people that they are being recorded (similar to existing law for dashcams in some states such as Washington). One possibility departments might consider is for-officers to wear an easily visible pin or sticker saying "lapel camera in operation" or words to that effect. 3) Although if the preceding policies are properly followed it should not be possible, it is especially important that the cameras not be used to surreptitiously gather intelligence information based on First Amendment protected speech, associations, or religion. Recording in the home Because of the uniquely intrusive nature of police recordings made inside private homes, officers should be required to be especially sure to provide clear notice of a camera when entering a home, except in circumstances such as an emergency or a raid. Departments might also consider a policy under which officers ask residents whether they wish for a camera to be turned off before they enter a home in non - exigent circumstances. (Citizen requests for cameras to be turned off should themselves be recorded to document such requests.) Cameras should never be turned off in SWAT raids and similar police actions. Retention Data should be retained no longer than necessary for the purpose for which it was collected. For the vast majority of police encounters with the public, there is no reason to preserve video evidence, and those recordings therefore should be deleted relatively quickly. • Retention periods should be measured in weeks not years, and video should be deleted after that period unless a recording has been flagged. Once a recording has been flagged, it would then switch to a longer retention schedule (such as the three -year period currently in effect in Washington State). • These policies should be posted online on the department's website, so that people who have encounters with police know how long they have to file a complaint or request access to footage. • Flagging should occur automatically for any incident: • involving a use of force; • that leads to detention or arrest; or o where either a formal or informal complaint has been registered. • Any subject of a recording should be able to flag a recording, even if not filing a complaint or opening an investigation. • The police department (including internal investigations and supervisors) and third parties should also be able to flag an incident if they have some basis to believe police misconduct has occurred or have reasonable suspicion that the video contains evidence of a crime. We do not want the police or gadflies to be able to routinely flag all recordings in order to circumvent the retention limit. • If any useful evidence is obtained during an authorized use of a recording (see below), the recording would then be retained in the same manner as any other evidence gathered during an investigation. 4 • Back -end systems to manage video data must be configured to retain the data, delete it after the retention period expires, prevent deletion by individual officers, and provide an unimpeachable audit trail to protect chain of custody, just as with any evidence. Use of Recordings The ACLU supports the use of cop cams for the purpose of police accountability and oversight. It's vital that this technology not become a backdoor for any kind of systematic surveillance or tracking of the public. Since the records will be made, police departments need to be subject to strong rules around how they are used. The use of recordings should be allowed only in internal and external investigations of misconduct, and where the police have reasonable suspicion that a recording contains evidence of a crime. Otherwise, there is no reason that stored footage should even be reviewed by a human being before its retention period ends and it is permanently deleted. Subject Access People recorded by cop cams should have access to, and the right to make copies of, those recordings, for however long the government maintains copies of them. That should also apply to disclosure to a third party if the subject consents, or to criminal defense lawyers seeking relevant evidence. Public Disclosure When should the public have access to cop cam videos held by the authorities? Public disclosure of government records can be a tricky issue pitting two important values against each other: the need for government oversight and openness, and privacy. Those values must be carefully balanced by policymakers. One way to do that is to attempt to minimize invasiveness when possible: • Public disclosure of any recording should be allowed with the consent of the subjects, as discussed above. • Redaction of video records should be used when feasible — blurring or blacking out of portions of video and /or distortion of audio to obscure the identity of subjects. If recordings are redacted, they should be discloseable. • Unredacted, unflagged recordings should not be publicly disclosed without consent of the subject. These are recordings where there is no indication of police misconduct or evidence of a crime, so the public oversight value is low. States may need to examine how such a policy interacts with their state open records laws. • Flagged recordings are those for which there is the highest likelihood of misconduct, and thus the ones where public oversight is most needed. Redaction of disclosed recordings is preferred, but when that is not feasible, unredacted flagged recordings should be publicly discloseable, because in such cases the need for oversight outweighs the privacy interests at stake. Good technological controls It is important that close attention be paid to the systems that handle the video data generated by these cameras. Systems should be architected to ensure that segments of video cannot be destroyed. A recent case in Maryland illustrates the problem: surveillance video of an incident in which officers were accused of beating a student disappeared (the incident was also filmed by a bystander). An officer or department that has engaged in abuse or other wrongdoing will have a strong incentive to destroy evidence of that wrongdoing, so technology systems should be designed to prevent any tampering with such video. In addition, all access to video records should be automatically recorded with immutable audit logs. Systems should ensure that data retention and destruction schedules are properly maintained. It is also important for systems be architected to ensure that video is only accessed when permitted according to the policies we've described above, and that rogue copies cannot be made. Officers should not be able to, for example, pass around video of a drunk city council member, or video generated by an officer responding to a call in a topless bar, or video of a citizen providing information on a local street gang. It is vital that public confidence in the integrity of body camera privacy protections be maintained. We don't want crime victims to be afraid to call for help because of fears that video of their officer interactions will become public or reach the wrong party. Confidence can only be created if good policies are put in place and backed up by good technology. As the devices are adopted by police forces around the nation, studies should be done to measure their impact. Only very limited studies have been done so far. Are domestic violence victims hesitating to call the police for help by the prospect of having a camera - wearing police officer in their home, or are they otherwise affected? Are privacy abuses of the technology happening, and if so what kind and how often? Although fitting police forces with cameras will generate an enormous amount of video footage and raises many tricky issues, if the recording, retention, access, use, and technology policies that we outline above are followed, very little of that footage will ever be viewed or retained, and at the same time those cameras will provide an important protection against police abuse. We will be monitoring the impact of cameras closely, and if good policies and practices do not become standard, or the technology has negative side effects we have failed to anticipate, we will have to reevaluate our position on police body cameras. Con Marian Karr 3e(3) From: Mark NeuCollins < mark @iowa - city - climate- advocates.org> Sent: Thursday, September 18, 2014 11:56 AM To: Council Subject: Peoples Climate March Iowa City on Sept 21 Attachments: ICIOWA CITY PEOPLES CLIMATE MARCH.pdf Dear Mayor Matt Hayek and Iowa City Council Members: On Sunday, September 21, 2014, in concert with the People's Climate March in New York City, we will be walking in Iowa City from Representative Loebsack's office to the offices of the Johnson County Board of Supervisors, then to Jessup Hall on the University of Iowa campus, then to Iowa City City Hall, and back to the Pedestrian Mall. Our goal is to deliver to you and other local policy makers and leaders demands for more pointed action to address the multiple emergencies driven by a quickly changing global climate. Attached is the document we will deliver to your offices on that day. We invite you to be present on that Sunday afternoon to receive the document. (We will post it if no one is present to receive it.) We also most warmly invite you to join us on the march that begins at 2 on the Ped Mall and returns to the Ped Mall by 4. We are delivering to you a document that contains our requests of each level of local government, including the university, because this state of emergency requires cooperation among all individuals and government entities. We want you to see what we are asking of others as well as of you. On September 21 we will specifically direct our attention to four groups of local leaders, but we are aware of the significant role played by other municipalities in Johnson County and by the Iowa state government, among many others. There is much work to be done. For the climate, Iowa City Climate Advocates 100 Grannies for a Livable Future Iowa City Area Group of the Sierra Club Physicians for Social Responsibility Mark NeuCollins markna,iowa -city- climate - advocates.org 319 -560 -9360 IOWA CITY PEOPLE'S CLIMATE MARCH Iowa City, Iowa, U.S. Sunday, September 21, 2014 With our future on the line, we are walking here in Iowa City in conjunction with the People's Climate March in New York City and with thousands of other climate organizations in hundreds of other countries around the globe. In New York, the occasion of the march is the United Nations Climate Summit. Here in Iowa City, our destination is the offices of local officials who have within their jurisdictions the ability to mitigate the devastating effects of climate change in our city and county and campus - -and on our planet. We come with respectful demands for each level of our local leaders —and with thanks for what you have already done to begin addressing the effects of climate change. With our sisters and brothers in New York and around the world —many very vulnerable to climate change effects right now -- we are taking a stand to bend the course of history and protect ourselves and our planet before it is too late. What we do here affects not only our near neighbors but all those with whom we share the planet. To the City of Iowa City: We thank you for appointing a Sustainability Coordinator and completing a Sustainability Assessment. We also thank you for emphases on sustainability in our city's comprehensive plan and for the Environmental Education Center, built to LEED Platinum quality and the source of good waste management ideas. And we thank you for the 2009 Greenhouse Gas Emission Inventory-- although we note the age of this Inventory. We ask that you ❖ Create a commission, including citizens, to devise, within one year or less, a thorough climate mitigation and adaptation plan, being mindful of the human public health and species survival implications of climate change effects ❖ Revise city codes and budgets to enact the mitigation and adaptation strategies of the commission's plan in a timely manner commensurate with the emergency we now face ❖ Create incentives for all new buildings in Iowa City to exceed the State Energy Code by at least 40% and deny tax incentives to any new building proposal that does not achieve this level of energy savings ❖ Identify ways that all city property —from parks to parking ramps—be used to enable diverse species that live in our city to survive and rebound and to mitigate and redress the effects of climate change wherever possible ❖ Change the waste code to require that all dwelling units, including apartment buildings, have a recycling system for residents and a means to promote its use. To Johnson County: We thank you for setting goals to reduce energy use in all county government operations and for the building of LEED silver and gold certified county buildings. We thank you also for developing a Green Team and being environmental leaders among Iowa counties and amidst state politics not often supportive of such actions. We ask that you ❖ Create a commission to devise, within one year or less, a thorough climate mitigation and adaptation plan, especially addressing the human public health effects of climate change ❖ Revise county ordinances and budgets to enact the commission's plan in a timely manner commensurate with the emergency we now face ❖ Curtail the building of new roads and the widening of existing roads, instead focusing on development of public transportation, bikeways, and trails ❖ Enable and encourage individuals' installation of solar power generation on their property by making the installation of solar panels a "permitted use" rather than an "accessory use" ❖ Create incentives that encourage any new building proposals to sequester sufficient land for diverse species survival and to achieve energy efficiency that exceeds State Energy Code by 40% ❖ Require LEED platinum design for any addition to or renovation of the Courthouse ❖ Identify ways that all county property —from parks to parking ramps—be used to enable diverse species that live in our county to survive and rebound and to mitigate and redress the effects of climate change wherever possible. To the University of Iowa: We thank you for having created the 2020 sustainability goals and an Office of Sustainability; for making energy conservation a priority; for replacing some burning of coal with biomass and working collaboratively in seeking local sources of biomass fuel; for aggressively pursuing waste reduction, recycling and composting; for pursuing high environmental standards in new construction; and for providing students opportunities to learn how they can live productively in a world altered by a changing climate. We ask that you ❖ Reexamine the 2020 goals in light of current climate conditions and revise them to address the emergency we now face; set a target date for use of 100% renewable fuels commensurate with the emergency we now face ❖ Use the office of the president, the university's strategic communications, and all educational assets to lead vital public education about climate change and model mitigation and adaptation strategies for the students and the public ❖ Create a pension option for employees that allows them to opt out of any investment of their retirement money in fossil fuels and create a committee to investigate thoroughly how the university can divest itself of fossil fuels ❖ Require that all new building proposals exceed State Energy Code by at least 40% ❖ Create significant incentives for all employees and students to reduce energy use even more, commensurate with the emergency we now face ❖ Identify ways that all campus property—from the Pentacrest to parking ramps be used to enable diverse species that live on our campus to survive and rebound and to mitigate and redress the effects of climate change wherever possible. To the U.S. House of Representatives through our Representative Dave Loebsack: We thank you for your efforts to secure flood recovery funds for Cedar Rapids and for your support of the development of wind energy. We ask that you ❖ Support legislation to put a tax on carbon at the source and to return the money to the public through a dividend that offsets the cost of higher fuel prices ❖ Support legislation that enables and encourages greater use of solar power in Iowa and all other states where this asset is underutilized Because the need for response now is acute, we will be in touch again at the end of 2014 asking what new action you have taken to address the present climate emergency. Respectfully, Iowa City Climate Advocates 100 Grannies for a Livable Future The Iowa City Area Group of the Sierra Club Physicians for Social Responsibility Marian Karr 3e(4) From: Joseph M. Jason <jmj2400 @yahoo.com> Sent: Friday, September 19, 2014 11:57 PM To: Council Subject: Does the Iowa City Council Approve of Stun Belts on the Autism Community? Does the Iowa City Council Approve of Stun Belts on the Autism Community? NAM[ BA President Calls the Use of Stun Belts In Iowa City on People with Asperger Syndrome Torture and Barbaric Posted on May 23, 2014 by josephmjason NAMI BA President Calls the Use of Stun Belts In Iowa City on People with Asperger Syndrome Torture and Barbaric As many of you know, my son Daniel is facing 55 years in jail for non - violent crimes.(He received a 45 year sentence). He never stepped foot in Iowa but based upon two voice mails and emails to an account that is not used, it appears he will get that time. He has never been violent. Today May 23rd, he was convicted of being a habitual offender even though he has Asperger Syndrome. It's a sad day for my family, NAMI and the Autism communities. During the trial Dr. Mills testified as a rebuttal witness because Daniel was denied a continuance to release his medical records. He said that Daniel has no history of violence. In fact people with Asperger Syndrome are more likely to be bullied. Daniel did not have intent and is not a stalker. His actions are part of having Asperger Syndrome and not a suitor stalker. His actions were flawed and ambivalent. He did not want to contact his ex- girlfriend so he chose a flawed way. He had her phone number and did not call it. He was blowing off steam. Daniel cannot connect the dots. There is a disconnect between how we feel and how he feels. Daniel made reference to an embarrassing incident in the Johnson county auditor's office. This referred to an employee who defecated in their pants. He was given two counts of extortion for this by overzealous Johnson County prosecutors. The detective in charge of investigating my son was by his own admission no expert in stalking and he was concerned Daniel was coming to Iowa. He checked all of the homeless shelters and hotels in the area. Why he did everything, but call Joseph M. Jason at his home. He would have told him that Daniel was in his room at home and never left Illinois to go to Iowa. I would have told him that he did not make eye contact with me the whole summer I met with this Detective in December of 2012. He was ignoring me typing while my wife and I were talking to Janet Lyness and Beth Beglin who ended up using twisting information I gave them instead of coming up with an alternative to incarceration. I had a solution, but they apparently preferred to waste millions of dollars of the taxpayer's money. Daniel needs a social setting with mental health professional where people can work with his Asperger Syndrome in Illinois. I offered that to Janet Lyness with a facility called Trinity. I recently received a letter from Daniel that said the following: "They had me on a shock belt so I got scared and wanted it off so I waived a jury trial." My son is 5 feet and 10 inches and 145 pounds. In court, there were two people from the Sheriff's office sitting next to him. My son has no history of violence despite his charges by the overzealous prosecutor and police department. This treatment is torture and barbaric and representative of the Iowa city legal system. The threat of this stun belt has been independently confirmed. In 1996 Amnesty International called on the United States to "establish a rigorous independent inquiry into the use of stun belts and all other types and variants of electro -shock weapons;" it now calls for the outright banning of stun belts. "The use of the stun belt — an inherently cruel and degrading device = when there are effective alternatives should be unacceptable in our society. The stun belt clearly violates international standards, including treaties to which the United States is a party," says Al in its June 1999 report, Cruelty in Control? "The Stun Belt and other Electro -Shock equipment in Law Enforcement." "The stun belt should be immediately banned and the use of other electro -shock weapons such as stun guns, stun shields and tasers should be suspended pending the outcome of a rigorous, independent and impartial inquiry into the use and the effects of the equipment." Both the 1996 and the 1999 Al reports detail the use of the Remote Electronically Activated Control Technology (REACT) belt, made by Stun Tech, of Cleveland, Ohio, and the Remote Activated Custody Control (RACC) belt made by Nova Products of Cookville, Tennessee. The belts have been in use at least since 1993 and are now part of the federal prison system and the U.S. Marshalls' Service. Al lists 112 local jurisdictions in thirty states and the prison facilities of twenty states as users of the belt. In eight states where the stun belt is not allowed, stun guns, stun shields and taser dart guns are in use. The idea of cutting costs by using a few $800 belts to keep prisoners in check is appealing in an increasingly overcrowded and expensive prison system; the U.S. prison and jail population is nearing the two million mark and growing. For the present, prison authorities are limited to using the belts only during the transportation of prisoners, judicial hearings, and for chain gangs. All of these uses violate international law. "[T]he belt inflicts a 50,000 volt shock [that] enters the prisoner's left kidney region and [travels] along ... nerve pathways. Each pulse ... give[s] rise to a rapid shock ... caus[ing] severe pain ... and instant incapacitation." It is designed "for [the] total psychological supremacy ... of potentially troublesome prisoners." After all, according to Stun Tech, "if you were wearing a contraption around your waist that, by the mere push of a button ... could make you defecate or urinate,... what would you do ?" Stun Tech warns the belt should not be used to "unlawfully threaten, coerce, harass, taunt, belittle or abuse any person," but adds that "as long as it is not used for officer gratification or punishment, liability is non- existent." If these belts are used, they should be used very sparingly. At the end of the day, I suspect this will go to the Appeals Court and hope and pray a new trial is given. We are all accountable for our actions to a higher power. Joseph M. Jason, President NAMI BA Chairman Criminal Justice Action Committee Member /Director of CURE(Citizens United for the Rehab of Errants) (847)537 -3009 September 19, 2014 Matt Hayek City of Iowa City Mayor 401 E Washington St Iowa City, IA 52244 Dear Mayor Matt Hayek, PLANNING AND ZONING DEPARTMENT PLANNING DIVISION 3e(5) PLANNM & ZONYti(I ADMINISTRATOR R a MooAX, A1CP ASSISTANT K ANNINO & Z(DMM ADMINISTRATOR JOSH BusAlka, AICP, Ltw-AP ASSISTANT PLANNER I have began reaching out to all cities in Johnson County each year to ensure tit you are satisfied with how the Fringe Area AvcemaA is fimctioniog. 'Tire Iowa City and Johnson City agreentent automatically renews every five years, unless eider party objects. 'Mee next renewal year is 2016, but if either party has concerns, agmement cars be reviewed *M updated as necessary. If dw agreenie nt is functioning as expected for your city, we can c ttinue widxmt cam, if not we can set up a meeting to resolve any problems that exist. Either way, please let me know. Sincerely, ,. Dvorak Johnson County Planning and 7miiag Administrator 913 S Dubuque St Suite 204 Iowa City, IA 32240 319 - 356 -6493 319 - 356 -6084 fax rdvorak@coJohnson.ia.us johnson.ia.us 01$ SOUTH AUvUQUX STREET, SMz 204, IOWA CITY, to MM "I" Pl4ElNE: (319)3W"0 "0 FAX: ()I9) www Johnson- cou*.com Ddc ID: 030686210013 Tvoe: GEN Recorded: 10/13/2006 at o2:5z:ai AM RESOLUTIONNO. Fee Amt: =0.00 Paae i of 18 Johnson Countv Iowa Kim Painter Countv Recorder sK4092 P °399 -411 RESOLUTION APPROVING THE AMENDMENTS OF THE FRINGE AREA AGREEMENT BETWEEN IOWA CITY, IOWA, AND JOHNSON COUNTY, IOWA WHEREAS, Chapter 28E of the Code of Iowa (2005) enables two or more local governments to enter into agreements to cooperate for their mutual advantage; and WHEREAS, it is in the interest of Johnson County and Iowa City to establish policies for the orderly growth and development within the City's extraterritorial jurisdiction; and WHEREAS, Johnson County and Iowa City mutually agree that such policies are necessary to more effectively and economically provide services for future growth and development and to protect and preserve the extraterritorial area's natural resources and its environmentally sensitive features. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF JOHNSON COUNTY, IOWA: 1. That the Johnson County Board of Supervisors hereby accepts a" agregs to the amendments of the Fringe Area Agreement. 4 2. That the Chairperson be directed to sign said Agreement. F-+ 3P- -art a „© It was moved by w aA and seconded by AA 1,&VJ-A, the Resolution3e ado ftd. AYES NAYS Dated this day of , 2006 Mike Lehman, Chairperson Board of Supervisors ABSENT ABSTAIN Harney Neuzil Lehman Stutsman Sullivan ATTEST: Tom Slockett, Auditor Johnson County, Iowa 1 y CORPORATE SEAL 7 Co K 7 Prepared by: Robert Miklo, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5232 RESOLUTION NO. o6 --31s RESOLUTION AMENDING THE IOWA CITY /JOHNSON COUNTY FRINGE AREA POLICY AGREEMENT WHEREAS, Chapter 28E of the Code of Iowa (2005) enables two or more local governments to enter into agreements to cooperate for their mutual advantage; and WHEREAS, Iowa City and Johnson County entered into an agreement in 1996 (Resolution No. 96 -239) establishing policies for the development of land within the extraterritorial area of Iowa City; and WHEREAS, the Comprehensive Plan includes the Fringe Area Policy Agreement; and WHEREAS, it is in the interest of Johnson County and the City of Iowa City to update Fringe Area policies for the orderly growth and development within the City's extraterritorial jurisdiction; and WHEREAS, Johnson County and the City of Iowa City mutually agree that such policies are necessary to more effectively and economically provide services for future growth and development and to protect and preserve the extraterritorial area's natural resources and its environmentally sensitive features. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council of the City of Iowa City, Iowa hereby accepts and agrees to the amended policies regarding annexation, zoning and subdivision review for the various designated areas included in the attached Fringe Area Policy Agreement between Johnson County, Iowa and Iowa City, Iowa; and 2. The City Council of the City of Iowa City hereby incorporates the amended Fringe Area Policy Agreement into the Iowa City Comprehensive Plan; and 3. The City Council of the City of Iowa City, Iowa hereby authorizes the Mayor to sign and the City Clerk to attest to the attached 28E Agreement between Johnson County and Iowa City establishing land use policies for the two -mile extraterritorial jurisdiction of Iowa City, for recordation as provided by law upon execution by Johnson County. Resolution No. 06-318 Page 2 Passed and approved this 3rd day of no nhAr 20_01 - -. 6Z,�- i i ot,, CORPORATE SEAL MAYOR Approved by ATTEST :Aa4�� CITY ERK d 4or e yi Office It was moved by Bailey and seconded by varjPYhnPf— the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion —_ x Correia Elliott O'Donnell x x Wilburn Ppdadff*w hinge28E.doo FRINGE AREA POLICY AGREEMENT BETWEEN JOHNSON COUNTY AND IOWA CITY WHEREAS, Chapter 354, Code of Iowa (2005) allows the City of Iowa City to establish an extraterritorial area, known as the fringe area, within two miles of the city boundaries for the purpose of reviewing and approving subdivisions; and WHEREAS, Chapter 354 further grants the City the authority to require that subdivisions within the fringe area adhere to the City's subdivision standards and conditions, unless the City establishes alternative standards and conditions for review and approval of subdivisions via a 28E agreement between the City and the County; and WHEREAS, Chapter 28E of the Code of Iowa (2005) enables two or more local governments to enter into agreements to cooperate for their mutual advantage; and WHEREAS, the Johnson County Land Use Plan adopted December 31, 1998 calls for the preparation and adoption of development plans and agreements between the County and the City regarding the municipality and its environment; and WHEREAS, the Iowa City Comprehensive Plan Update adopted in December, 1997 outlines the extent of urban development expected within the next 20 years; and WHEREAS, it is in the interest of Johnson County (the "County ") and the City of Iowa City (the "City ") to establish policies for the orderly growth and development within the City's fringe area; and WHEREAS, Johnson County and the City of Iowa City mutually agree that such policies are necessary to more effectively and economically provide services for future growth and development and to protect and preserve the fringe area's natural resources and its environmentally sensitive features. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: SECTION I. FRINGE AREA DEVELOPMENT POLICIES The parties accept and agree to the following development policies regarding annexation, zoning, and subdivision review for the Iowa City fringe area as authorized by Chapter 354, Code of Iowa (2005). Purpose: The Fringe Area Policy Agreement is intended to provide for orderly and efficient development patterns appropriate to a non - urbanized area, protect and preserve the fringe area's natural resources and environmentally sensitive features, direct development to areas with physical characteristics which can accommodate development, and effectively and economically provide services for future growth and development. In light of these objectives, the City and the County examined the development capabilities of the Iowa City fringe area and determined that development within this fringe area is to occur in accordance with a) the Land Use Plan attached to this Agreement, b) development standards contained in Section B of this agreement, and c) the fringe area development policies contained in Section C of this Agreement. The development policies of this Agreement are intended to be consistent with the policies of the adopted Johnson County Land Use Plan and the Iowa City Comprehensive Plan. -2- A. Land Use Plan The Land Use Plan, attached to this Agreement as Attachment 1, illustrates the land use patterns for the fringe area. B. Development Standards The following general standards apply to unincorporated development in the fringe area. 1. Discourage development in areas which conflict with the Johnson County Land Use Plan which considers CSR (Corn Suitability Rating), high water table, wetlands, floodplain, non - erodible soil, and road suitability. 2. Protect the public health by requiring developers to meet or exceed minimum standards for water and wastewater systems in all developments within the Iowa City Fringe Area pursuant to Johnson County Public Health Department Regulations. 3. Encourage cluster development which preserves large tracts of open space including environmentally sensitive areas and farm land, results in compact development which requires less infrastructure, and is more efficient for provision of services. C. Frinae Area Development Policies The parties agree to apply the following fringe area development policies. FRINGE AREA A 1. Land within Iowa City's Growth Area. Land in Area A which is presently zoned for residential development, and within Iowa City's growth area, may develop in conformance with existing zoning, provided subdivisions and development projects shall conform to City Urban Design standards contained in Title 14, Chapter 7 of the City Code of Iowa City, including but not limited to City specifications for streets and roads, sanitary sewer lines, stormwater management facilities and water lines. Developments which are approved prior to annexation shall be required to be served by a package sanitary sewage treatment plant and common wells, with sanitary sewer and water collection and distribution systems which are constructed to City standards and can be connected to municipal systems upon annexation. Subdivisions and development projects which are approved prior to annexation shall be required to be cluster developments with a minimum of 50% of the development designated as an outlot for open space, agriculture, or future development upon annexation. Prior to annexation, any zoning changes in Iowa City's projected growth area shall be consistent with the City's adopted land use plan. 2. Land outside Iowa City's Growth Area but in the County's North Corridor. Residential uses are the preferred use in this area. Any re- zonings in this area will be considered on the basis of conformity with the Johnson County Land Use Plan and other related policies. On a case -by -case basis, proposals to rezone land in this area to RS -3 (one dwelling unit per three acres of lot area) may be considered. RS zoning will be considered if the application to rezone includes a concept plan showing a minimum of 50% of the property designated as an outlot for open space or agriculture. Development must comply with City Rural Design standards contained in Appendix A. On the balance of land outside the North Corridor, agricultural uses are preferred. -3- 3. Any development on property governed by the Iowa City/Coralville Agreement Providing for Future Annexations and Extraterritorial Review of Subdivision Plats (Sept. 1999) shall be consistent with said agreement. Such agreement shall take precedence over this Fringe Area Policy Agreement. 4. If land is annexed within Fringe Area A, the City agrees that it will not automatically extend its fringe area authority to review and approve all subdivisions, which it exercises pursuant to Iowa Code §354.9 and Title 14, Chapter 7 of the City Code of the City of Iowa City, Iowa. The City will review the extension of its fringe area as a result of annexation on a case -by -case basis in consultation with Johnson County. FRINGE AREA B As set forth in Iowa City's adopted growth policy, the City will likely annex land within one mile of Iowa City to the east and within two miles of Iowa City to the south in the short- range. It is therefore consistent with the purpose of this agreement that rural subdivisions within these areas of high annexation potential be required to meet City Urban Design Standards contained in Appendix A. 1. Land within Iowa City's Growth Area. As applications are received to develop land contiguous to and within the growth limits of the city, the City will give favorable consideration to the voluntary annexation of this land and its development at an urban density in conformance with the City's adopted land use plan. Prior to annexation, any zoning changes in Iowa City's projected growth area shall also be consistent with the City's adopted land use plan. Subdivisions and development projects within Iowa City's projected growth area shall conform to City Urban Design Standards contained in Title 14, Chapter 7 of the City Code of Iowa City, including but not limited to City specifications for streets and roads, sanitary sewer lines, stormwater management facilities and water lines. Developments which are approved prior to annexation shall be required to be served by a package sanitary sewage treatment plant and common wells with sanitary sewer and water collection and distribution systems which are constructed to City standards and can be connected to municipal systems upon annexation. Subdivisions and development projects which are approved prior to annexation shall be required to be cluster developments with a minimum of 50% of the development designated as an outlot for open space, agriculture, or future development upon annexation. 2. Land outside Iowa City's Growth Area. On the balance of land in Area B that lies outside Iowa City's projected growth area, agricultural uses are preferred. Until otherwise changed by amending this agreement, this area shall be restricted to those uses consistent with a Rural /Agricultural area as indicated in the Johnson County Land Use Plan, and as designated for a RuraVAgricultural area in chapter 8:1.6. Class A District of the Johnson County Unified Development Ordinance as amended. Farmstead splits are permitted per Chapter 8:1.6.1.4.c of the Johnson County Unified Development Ordinance. Given the existence of commercially zoned property and the demand for commercial uses at the 1-80 /Herbert Hoover Highway interchange, rezonings to County CH- Highway Commercial District of property abutting the interchange, as shown on the attached fringe area map, will be considered. However, the only uses that will be allowed will be: Auto and truck oriented uses„ Hotels, motels, and convention facilities, Office buildings and -4- studios, restaurants, and any accessory use normally associated with the permitted principal use. All existing commercially zoned property and any properties rezoned to CH- Highway Commercial shall be subject to the City's and the County's Site Plan Review Requirements with the most restrictive standards applying in instances where the two standards differ. 3. Upon annexation of land within Fringe Area 6, the City agrees that it will not automatically extend its fringe area authority to review and approve all subdivisions, which it exercises pursuant to Iowa Code §354.9 and Title 14, Chapter 7 of the City Code of the City of Iowa City, Iowa. The City will review the extension of its fringe area as a result of annexation on a case -by -case basis in consultation with Johnson County. FRINGE AREA C Land within Iowa City's Growth Area. Land in Area C, which is presently zoned for residential development and within Iowa City's growth area, may develop in conformance with existing zoning, provided subdivisions and development projects shall conform to City Urban Design standards contained in Title 14, Chapter 7 of the City Code of Iowa City, including but not limited to City specifications for streets and roads, sanitary sewer lines, stormwater management facilities and water lines. Developments which are approved prior to annexation shall be required to be served by a package sanitary sewage treatment plant and common wells with sanitary sewer and water collection and distribution systems which are constructed to City standards and can be connected to municipal systems upon annexation. Subdivisions and development projects which are approved prior to annexation shall be required to be cluster developments with a minimum of 50% of the development designated as an outlot for open space, agriculture, or future development upon annexation. Upon annexation to Iowa City, commercial and /or industrial development is encouraged south and southwest of the Iowa City Municipal Airport as shown on the attached Land Use Plan and in the portion of Section 20 of West Lucas Township that is located in the east and south quadrants of the Highway 1 and Highway 218 interchange. It is consistent with the purpose of this agreement not to approve commercial and/or industrial developments within this area prior to annexation. As stated in the Johnson County Land Use Plan, commercial and/or industrial development will be encouraged to locate in the interchanges of paved roads. Commercial and /or industrial development will be discouraged in all other areas of Fringe Area C. As applications are received to develop land contiguous to Iowa City and within this portion of the City's growth area, the City will give favorable consideration to the voluntary annexation of this land and its development for uses consistent with the City's Comprehensive Plan. 2. Land outside Iowa City's Growth Area. In the portions of Area C which are not within Iowa City's growth area and which are zoned for non -farm development, development may occur in conformance with Johnson County's Unified Development Ordinance and City Rural Design Standards. Until otherwise changed by amending this agreement, this area shall be restricted to those uses consistent with a Rural/Agricultural area as indicated in the Johnson County Land Use Plan, and as designated for a Rural/ Agricultural area in Chapter 8:1.6 Class A District of the Johnson County Unified Development Ordinance as amended. Farmstead splits are permitted per Chapter 8:1.6.1.4.c of the Johnson County Unified Development Ordinance. -5- 3. Upon annexation of land within Fringe Area C, the City agrees that it will not automatically extend its fringe area authority to review and approve all subdivisions, which it exercises pursuant to Iowa Code §354.9 and Title 14, Chapter 7 of the City Code of the City of Iowa City, Iowa. The City will review the extension of its fringe area as a result of annexation on a case -by -case basis in consultation with Johnson County. SECTION II. PROTECTING AGRICULTURAL OPERATIONS Any regulations in the Fringe Area Agreement will not interfere with the Right to Farm, as contained in the Code of Iowa Chapter 335.2, Farms Exempt; and as noted in the Johnson County Zoning Ordinance, Chapter 8.2, Protecting Agricultural Operations. SECTION III. ADMINISTRATIVE POLICIES As a rule, zoning regulation is the county's prerogative if a county has adopted a zoning ordinance. The City, however, exercises authority over subdivision regulation in a city's fringe area. Annexation is also primarily under exclusive rule of cities. Each of these activities, however, affects both jurisdictions and produces a clear need for coordination and joint administration. To that end, the City of Iowa City and Johnson County agree to the following procedures for administration of land use regulations. A. Zoning Regulation: 1. Zoning regulation for all unincorporated territory will remain under the authority of the Johnson County Zoning Ordinance and the provisions of Chapter 335, Code of Iowa (2005), the enabling legislation for the County's zoning powers. 2. Pursuant to Section 8:1.23 of the Johnson County Unified Development Ordinance, any person may request a variance to the lot area regulations of the zoning ordinance or appeal the decision -of any officer of the County as that decision relates to enforcement of the Zoning Ordinance. 3. The County will forward each request for rezoning of property within the Fringe Areas specked in this Agreement to the City for review and comment prior to the public hearing before the County Planning and Zoning Commission. Any zoning change will conform with the policies identified for the Area in which the property is located. 4. Properties zoned for a classification which is inconsistent with this Agreement, at the time this Agreement is executed, shall retain the rights under that zoning, unless and until such zoning is changed through due process. B. Subdivision Regulation: 1. Subdivision of land within Iowa City's fringe area will be required to conform to either City Rural Design Standards or the City Urban Design Standards in accordance with the policies specified in this Agreement. 2. Persons wishing to subdivide land within the fringe area specified in this Agreement shall be required to simultaneously file a subdivision application with both the City and the County. The City and the County shall coordinate the processing of the application to ensure concurrent review by both the City Planning and Zoning Commission and the County Planning and Zoning Commission. 3. Subdivisions of land into fewer than three lots will continue to be regulated by the County. am C. Development projects not requiring subdivision: Any development projects larger than 2 acres within the City's growth area shall be subject to review by both the City and the County in accordance with the procedural requirements of each jurisdiction. D. Annexation: 1. Iowa City will annex territory only in accordance with the policy statements specified in this Agreement. 2. The City will, upon receipt, forward applications requesting annexation or severance (de- annexation) of property within the fringe area specified in this Agreement to the County for review and comment prior to consideration by the Iowa City Planning and Zoning Commission. 3. As - appropriate and necessary, the City may extend the two -mile extraterritorial subdivision plat review area. Prior to any such extension, the City will forward to the County a proposal which includes the extension of the City's plat review authority for any distance up to the two mile limit provided by State law. The County will have a specified time within which to respond in affirmative agreement, negatively or with an alternative proposal. The City will take the County's response under advisement when determining the extension of extraterritorial review. E. Conflict Resolution: If the City and County are in conflict over a proposed subdivision, rezoning application, or annexation that may violate this agreement, a review committee, comprised of members of the City Council, Board of Supervisors and staff, shall be established to negotiate a resolution prior to final action being taken by either body to subdivide, rezone, or annex property. SECTION IV. AGREEMENT REVIEW At any time during the term of this Agreement, either the Chair of the Johnson County Board of Supervisors or the Mayor of the City of Iowa City may initiate review of the policies of this Agreement by contacting the other party to this Agreement. Both parties to this Agreement shall consider modifications of this Agreement, as appropriate. SECTION V. EFFECTIVE PERIOD This Agreement shall become effective upon acceptance and execution by the parties, and shall be in effect for five (5) years after the date of execution of this Agreement. This Agreement shall be automatically renewed unless the County or the City objects to such renewal prior to the renewal date. SECTION VI., RECORDATION This Agreement shall be filed with the Secretary of the State of Iowa, and with the Johnson County Recorder in compliance with Chapter 28E, Code of Iowa (2005). Dated this day of o , 2006. _7_ JOHNSON COUNTY By: NCIVN- -e: Chairperson, Board of Supervisors 1 Attest: % a%", � ��-- County Auditor 1 / Dated this �Oay of Q T' 0 6 ft r , 2006 CORPORATE SEAL CITY OF IOWA CITY By: (2V-V,04' U Mayor Attest,� City Jerk UORPORATE SEAL Approved by: ell 1 49A/06�� City Attorney's ice ATTACHMENTS: 1. Proposed Land Use Map for the Iowa City Fringe Area. 2. Appendix A: Definition of Standards APPENDIX A Definition of Standards City Urban Design Standards: Those standards enumerated in Title 14, Chapter 7 of the City Code of Iowa City which the City imposes on any subdivision within the corporate limits of Iowa City. City Rural Design Standards_ 1.0 Streets 1.1 Streets shall be designed for a minimum surface width of 22 feet. Curb and gutter will not be required. 1.2 The right -of -way for local streets without curb and gutter shall be 60 feet to enable retrofit of- sewer, water, and sidewalk in the future as necessary; otherwise, the right - of -way for local streets with curb and gutter and storm sewer shall be 50 feet. The right -of -way for arterial, industrial, and collector streets for the developed area shall be determined in conjunction with the Planning and Zoning Commission. 1.3 The maximum street grade for local streets shall be 12 %. 1.4 The pavement cross section for all pavements will be a 2% parabolic crown. This cross slope is equivalent to'/ -inch per foot. 1.5 The pavement slab shall be constructed of a 6" rolled stone base and a 22 -foot wide chipseal surface. 1.6 Minimum corner radii shall be 20 feet. 1.7 The minimum ditch grade shall be 1.0 %. In addition, it will be necessary to place a 12 -inch diameter (minimum) culvert, either reinforced concrete pipe or corrugated metal pipe, through all drive approaches constructed over a drainage ditch. The exact size of pipe required will be a function of the area to be drained. 1.8 Drive approaches shall be hard surfaced within the right -of -way. 2.0 Water Distribution System 2.1 Well(s) shall conform to the requirements of the Johnson County Health Department and the distribution system, if installed, (water main) shall be either ductile cast iron pipe (ANSI A21.50 manufactured in accordance with ANSI A21.50) or poly vinyl chloride pipe (PVC -ASTM D1784, Type 1, Grade 1, 200 psi design stress and SDR of 17 or less). 2.2 It shall be the responsibility of the Developer's Engineer to establish a fire rating for the area being developed. Prior to plat approval, there shall be a letter of transmittal from the appropriate Fire Protection District approving spacing, location, number of fire hydrants, size of mains, pressure, etc. 2.3 Connection to the City of Iowa City Water Distribution System is subject to City Council consideration based on availability. Generally, annexation is a criterion which must be met. 3.0 Sanitary Sewer All methods of sanitation shall conform to the 1989 Johnson County Board of Health Rules and Regulations Governing On -site Wastewater Treatment and Disposal Systems and to the 1990 Iowa City Wastewater Treatment and Disposal System Policy. 4.0 Storm Sewers 4.1 With the exception of developments located in the Old Man's Creek watershed, the City Storm Water Management Ordinance shall apply to new developments located outside the City limits of Iowa City but within the City's area of extraterritorial jurisdiction. 4.2 All storm sewers shall conform to revised Section Vll (Storm Sewers) of the Design Standards for Public Works Improvements in Iowa City, Iowa. 4.3 Culverts shall be a minimum of 12 inches in diameter; either reinforced concrete pipe or corrugated metal pipe (minimum gauge 18 and corrugations 2' x ' /s ", 20" x %z ", and 3"x1 ") shall be used. Culverts shall conform to the Standard Specifications for Highway and Bridge Construction. Series of 1977. Minimum cover over the top of culvert shall be six inches. 5.0 Underground Utilities 5.1 Whenever a subdivision shall be laid out such that a new street is required, telephone and electric utilities shall be underground. It is not intended that small subdivisions which would use an existing county road would follow this requirement since overhead utilities are probably directly adjacent to the property. ppdadmi n%d etstandappal oc Mo•Mmumpao pAdpi, MEMO _ Y - a ' C4 o N Y Y Y 3 H I O � ' C 3 Y H n C ' n m - 4 >` TI W D Y m to 0 fl O 'II N Y S _ Y n Y S m y y Y a a _ x = S ip pip p�p p�p p�_�`I 8 p :6 � Szz iZZ .fLL 3LL �ij �it :did Y - 3 K Mo•Mmumpao pAdpi, MEMO _ - C4 o N Y Y Y 3 H I O � ' C 3 Y H n C ' n u - 4 >` TI W D Y m to fl 'II N Y S _ Y n Y S N y y Y a a _ y Y = S ip pip p�p p�p p�_�`I 8 p � Szz iZZ .fLL 3LL �ij �it :did Y - 3 Marian Karr 3e(6) From: Anya Schafer -Van Houtte <anya.abbey @g mail. com> Sent: Tuesday, September 23, 2014 8:57 AM To: Council; Eleanor M. Dilkes Subject: Neighbor zoning question Good Morning, My name is Abbey Schafer- Van Houtte. My family lives at 903 East College Street in Iowa City. I'm writing with a question/concern about a neighboring property. Directly behind us to the South is the property of 224 and 226 Governor. Over the last year we have watched the property undergo many changes and improvements. That said, we are growing concerned with the state of he driveway and front yard of the property. The property owner, Tracy Barkalow, spoke to us over the summer and assured us that the work would be finished and that we would be pleased with the results. No work has sincebeen done and no landscaping has been attempted. The driveway and yard are just a concrete slab. I believe this is a problem considering the usual standards and requirements that the city asks of property owners. We would like to know if any meetings are scheduled that we may attend and address this problem directly. Please let us know if that is a possibility and what wecan expect the city to do regarding this propery. Thank you Abbey Schafer- Van Houtte Doug Boothroy From: anya.abbey <anya.abbey @g mail. com> Sent: Tuesday, September 23, 2014 5:50 PM To: Doug Boothroy Subject: Fence Drove by looks like the fence would be an improvement to the property Anya Sent from my U.S. Cellular® Smartphone -- - - - - -- Original message -- - - - - -- From: Doug Boothroy <Doug- Boothroy @iowa - city.org> Date:09/23/2014 11:06 AM (GMT- 06:00) To: "'anya.abbey @gmail.com "' <anya.abbey @gmail.com> Cc: Subject: 250 S. Governor Street. Abbey, I'm the Director of the Department of Neighborhood and Development Services and a meeting is scheduled today at 11:30 am in the City Attorney's office to consider Tracy Barlow's request for a Minor Modification to the City's multifamily development standards. A letter was sent on Sept. 101h to all property owners within 100 feet notifying them of the scheduled meeting. I've pulled a copy of the letter sent to you and found the address to be 300 N. Hunt Club Rd., Gurnee, IL 60031. According to the City assessor this is the address of the owner of record and, therefore, where the letter was required to be sent. However, if you can't make this meeting it is not too late to contact me (319.356.5121 or Doug_ Boothro @Iowa- City.org) about your concerns. Sorry about the confusion regarding the notification of the meeting. Please contact me; your comments are very important. Thanks. Doug Boothroy 10 -07 -14 Marian Karr 3e(7) From: Jennifer Jordan Sent: Tuesday, September 23, 2014 12:57 PM To: 'eknake @scattergood.org' Cc: ''City Council; Ron Knoche; Dave Elias Subject: RE: Recycling Hi Elijah, Thanks for your email! I visited Scattergood about a month ago with the Great March for Climate Action — perhaps we met? Prairie lights sounds like a great class; I hope you're getting a lot out of it. I'll offer a couple of suggestions for your coffee cup. The best option is to take your own reusable cup so you don't have to purchase a disposable one each time. According to a study conducted by Starbucks and the Alliance for the Environmental Innovation (April 2000), each paper cup manufactured is responsible for 0.24 Ibs of CO2 emissions ( http : / /www.carryyourcup.org /get- the - facts). Check this one out, too: "Sad Demise of the Paper Coffee Cup" (http: / /ourworld.unu.edu /en /storm -in -a- paper -cup). • You could take it back to Scattergood with you to recycle. • By spring, you'll be able to recycle the cup (assuming it is 100% paper and not coated with a layer of plastic - based insulation) at one of four locations downtown along Iowa Avenue. We just received notice that we have been awarded funding for four sets of solar trash compactors and recycling bins. Depending on the weather, they should be in around Earth Day. It won't be feasible to put recycling bins on every corner, but we're looking at these first four as a pilot to see how it goes and may add more if we find them to be effective. We're doing pre- and post - installation waste sorts and public surveys —if you're interested and /or need service learning hours, I'd love some help! I hope this helps — please let me know if you have further questions. Thanks, Jen j6K,K ,- trJoMQM Recycling Coordinator City of Iowa City 319- 887 -6160 Jennifer- iordan()-iowa- citv.org Upcoming environmental events: www.icgov.org /esrc From: Elijah Knake [mailto: eknake @scattergood.org] Sent: Tuesday, September 23, 2014 12:08 PM To: Matt Hayek; Council Subject: Recycling Hello there! My name is Elijah and I attend Scattergood Friends School, a boarding school in West Branch, Iowa. I am enrolled in a class this quarter called Prairie Lights where we read a number of new books being released and attend a number of readings in the book store. When I go to a reading I always buy a latte from the coffee shop they have in the book store. But when I leave I can't throw my paper cup away because while I walk to the car about four blocks away I run into no recycling bins. I was wondering if there was any way that recycling cans could be put out on the street corners to decrease our carbon footprint on this planet. I would love to here back anytime just email me here. Sincerely, Elijah Knake I O-Or-Tr' 3e(8) Marian Karr From: Sonia Ettinger <spettinger @yahoo.com> Sent: Tuesday, September 23, 2014 5:51 PM To: City Charter Subject: affordabble housing Should the planning and zoning have full control over decisions? Chauncey Tower deliberations could use some rethinking. Can the City Manager have some say over the Postal offices- making space for this downtown? Sonia Ettinger Marian Karr 3e(9) From: Raaz, Jerry <jerry.raaz @pearson.com> Sent: Wednesday, September 24, 2014 7:29 PM To: Council; Home email Subject: Prairie Hill Co- housing Project- This correspondence will become a public record. Dear City of Iowa City Council (please share my comments with P & Z) I just recently became aware of the proposed Benton/Miller Ave Prairie Hill Co- housing Project. I walked the site with a site plan in hand just tonight so I could understand first hand the project and its impact to the neighborhood and City. I have to say- this is the finest proposed development to have graced Iowa City in years if not decades. Not only do I fully support this endeavor- I hope the City has the vision and sense to not only allow this to proceed- but do everything in your power to make it go smoothly- the rezoning- YES- the land swap_ YES- the access to Benton- YES. This project is environmentally conscious, makes great use of a difficult site, is striving for energy conservation, is an in -fill project, close to downtown and Riverfront Crossing- this has so many wins in it - almost too good to be true. So show some vision, courage and forward thinking and approve this swiftly. This sort of housing project will put Iowa City 'on the map'- not only for Iowa but our region and our nation. This sort of project is exactly what Iowa City needs - lets hope it triggers many more just like it. signed Jerry Raaz 3610 Glastonbury St Iowa City, IA Marian Karr 3e(10) From: Tom Markus Sent: Monday, September 29, 2014 3:44 PM To: Marian Karr Subject: FW: LOST fyi - - - -- Original Message---- - From: Dennis Bockenstedt Sent: Monday, September 29, 2014 1:34 PM To: 'pholden @iastate.edu' Cc: Geoff Fruin; Tom Markus Subject: RE: LOST Dear Mr. Holden, If the Local Option Sales Tax is adopted by the voters, the property tax relief is expected to decrease the property tax rate by an estimated $1.15 to $1.53 per $1,000 of value. You may visit the city's web site for more information at: http: / /www.icgov.org / ?id =2404 The web site includes a property tax relief calculator at: http:// www .civic.iowa- city.org /proptax/ Please feel free to call me if you have additional questions. Dennis Bockenstedt Finance Director 410 E. Washington Street Iowa City, IA 52240 319 - 356 -5053 phone From: Holden, Palmer J [pholden @iastate.edu] Sent: Friday, September 26, 2014 6:34 AM To: Council Subject: LOST If LOST passes how much will my property taxes decrease. At a Courthouse meeting I was told that "property tax relief' did not mean my property taxes would decrease, but could mean that the city could spend more money without raising property taxes. That is a city definition of relief. Dr. Palmer Holden ISU Emeritus Prof. 15 Mary Court Iowa City, IA 52245 515 - 231 -5543 Marian Karr From: John Yapp Sent: Wednesday, October 01, 2014 9:28 AM To: 'judypfohl @gamil.com' Cc: Marian Karr; Doug Boothroy; Tom Markus; Tim Hennes; Julie Tallman Subject: Fareway Trees Judy — your email was forwarded to me for a response. IU-Ut-14 3e(11) With new development, Development Services staff does check that all landscaping and trees are planted prior to the issuance of a certificate of occupancy. Maintenance of the trees and landscaping is required over the long term, and is enforced when it is called to our attention, or is observed during an inspection. Thank you for bringing this to our attention — we will inspect the Fareway site against their required landscaping plan, and notify the property owner to replace / replant trees and landscaping as necessary. Thanks again, and please contact me with any questions. John Yapp Development Services Coordinator I City of Iowa City, IA 319.356.5252 l john-yapp @iowa- city.org ........................................................... ............................... From: Judith Pfohl <judypfohIkgmail.com> Date: September 30, 2014 at 7:24:38 PM CDT To: Iowa City Council <counciIkiowa :611 gM> Subject: trees When businesses put in landscaping and plans are approved by the city, please ask the appropriate office to be sure plantings are replaced when they die. I notice the Fareway off Mormon Trek is missing many trees in the parking lot between it and the Credit Union. Judy Kohl 3e(12) Marian Karr From: Geoff Fruin Sent: Wednesday, October 01, 2014 2:27 PM To: 'stotten @meimhc.org' Cc: Council Subject: RE: closing of Wedge downtown Ms. Totten: Thank you for your email regarding Iowa City's lease with the Wedge. I would like to clarify a few points and invite you to contact me if you have further questions. First, the City Council authorized a three year lease with the Wedge in April of 2013. Since that time the City Council has not taken any action on the lease, nor have they engaged in lease negotiations. I have handled all lease negotiations on behalf of the City for that particular space. As it stands today, the Wedge still has an existing lease through April of 2016. They are not on a year to year lease. Second, while discussing lease terms with the Wedge last winter an offer to extend their existing lease through April of 2018 was made by the City. Again, this demonstrates that the City does not have nor did it request a year to year lease. Finally, the City's lease prohibits the Wedge from serving alcohol. Similar restrictions will be considered for any future tenant. Again, thank you for sharing your comments. Geoff Fruin Assistant City Manager I City of Iowa City P: 319.356.5013 Web I Facebook ITwitter From: Susan Totten [mailto:stotten @meimhc.org] Sent: Wednesday, October 01, 2014 1:46 PM To: Council Subject: closing of Wedge downtown Dear Councilor member, I am extremely disappointed the council was not able to reach an acceptable agreement with the Wedge downtown owners. My understanding is the owner was requesting a lease contract longer than a year by year and this was denied. My understanding is the owner was not in arrears with his payments and the year by year lease was the primary dispute. I am disappointed the council was not flexible and in my opinion, reasonable with this established owner's request. To my mind, this unwillingness to work with this owner flies in the face of any public message from the council to have venues downtown that are not alcohol oriented. I think this decision is an indication that the council is out of touch with what Iowa City and Johnson County residents want. Respectfully, Susan Totten 4529 Wonick Ln NE Iowa City, IA ( I sleep in the county and work in downtown Iowa City) This correspondence will become a public record. CITY OF IOWA CITY 3e_ 191 '10 74 MEMORANDUM Date: September 26th, 2014 To: City Clerk From: Darian Nagle -Gamm, Traffic Engineering Planner Re: Item for October 7th, 2014 City Council meeting; Installation of a NO PARKING HERE TO CORNER sign on the northeast corner of the Manor Drive and Eastmoor Drive intersection. As directed by Title 9, Chapter 1, Section 3B of the City Code, this is to advise the City Council of the following action. Action: Pursuant to Section 9 -1 -3A (10); Install NO PARKING HERE TO CORNER sign on the northeast corner of the Manor Drive and Eastmoor Drive intersection. Comment: This action is being taken to alleviate congestion and improve visibility at the intersection. CITY OF IOWA CITY 3e(14) r - �Nkl MEMORANDUM Date: September 26th, 2014 To: City Clerk From: Darian Nagle -Gamm, Traffic Engineering Planner Re: Item for October 7th, 2014 City Council meeting; Installation of (2) NO PARKING BETWEEN SIGNS signs with arrows on the west side of Gilbert Court at the intersection with Highland Court. As directed by Title 9, Chapter 1, Section 3B of the City Code, this is to advise the City Council of the following action. Action: Pursuant to Section 9 -1 -3A (1); Install (2) NO PARKING BETWEEN SIGNS signs with arrows on the west side of Gilbert Court at the intersection with Highland Court. Comment: This action was requested by the Police department to help facilitate turning movements at the intersection. This action will prohibit parking on the west side of Gilbert Court at the top of the "T" intersection with Highland Court. Parking will remain available elsewhere on Gilbert Court. Alk PRAIRIE SUN %•�uar�isl� •`.'•'•",•'••lil'I(.(lt'�:(; SF.R \'I(�T�.S, I,L(' Iowa City City Council and Staff 410 E Washington St. Iowa City, IA 52240 October 7, 2014 RE: Court St. Linn St. RFP Finalist Selection L 2%lk, OCT -7 Pi', 2: Of' "� e,_ � il, 5-J Upon review of the City of Iowa City Memorandum dated October 2, 2014 we were surprised to the extent the grading of proposals appears to have varied from our understanding of the original intent of the RFP. We would ask to see the final Review Committee point scoring breakdown of all proposals Furthermore, upon reviewing the Review Committee Matrix (Overview of Responses to RFP dated July 31, 2014) we would like to point out a number of incorrect statements in regard to our submittal which paint our proposal in a bad light- particularly in respect to the teams experience and financial capabilities. We also feel it is unfair that the Sub Committee seemed to endorse student housing while the RFP clearly indicated a preference toward housing of a permanent nature. We worked hard to submit a proposal which included all desired program elements indicted in the RFP while providing quality architecture and site design within the spirit of Riverfront Crossings and conformed to the Form Based Code. We feel that in light of the above, we respectfully ask that our proposal be included as a finalist. DIGRESSIONS FROM INTENT OF THE ORIGINAL RFP The RFP's grading criteria include section 6 which includes compliance with the Riverfront Crossing Master Plan and the Form Based Code. This section was not mentioned as part of the scoring in the Iowa City Memo. In particular, unlike most of the other proposals, Court -Linn Terrace would conform to all building yard and step back requirements above the 5th floor. By not considering this factor, our proposal is put at a disadvantage. Section 5, Submittal Requirements indicates that proposals must comply with a 40 page limit. The detail of our financial plan was greatly limited by this requirement. Having additional pages would have allowed us to further clarify intent. INCORRECT STATEMENTS REGARDING COURT -LINN TERRACE IN REVIEW COMMITTEE MATRIX The Matrix describes our breadth of experience as "New Team ": While Prairie Sun Building Services, LLC was organized within the past two years, the principals of the firm have been working together on various types of projects for a minimum of 7 years, some as long as 30 years. The background biographies of the principals describe multiple projects, primary responsibility in excess of $60,000,000 and up to $205,000,000. Cumulative experience in the business is greater than 100 years. The Development Group owns properties with market value of 28 million dollars. The Matrix describes the bank financing evaluation of our proposal as "unclear ": Included in our proposal package, however is a letter from The BSC Group that states "that the project is financeable once you have received all of the necessary regulatory approvals ". In addition, but not included in our proposal package is a letter from Great Western Bank that states, "Great Western Bank would be interested in continuing to pursue the merits of this project ". The Matrix incorrectly indicates that student housing is included in our proposal: There is no mention of student housing in our proposal. Our target markets for the residential portion include only workforce /affordable (as defined by the City) and high end housing for seniors and professionals. That said, student housing could be included if desired. This would result in a significant reducing in the "gap" financing required. Our primary market for the office area is a pharmaceutical company that has been looking for 18,000 S.F. near downtown with a loading dock. We have spent three years trying to find a site. The compensation that this company would put into the community will exceed $5.7 million dollars annually. The Matrix shows "Prairie Sun ? ", apparently expressing some confusion as to our intention for construction services: Our team has done large negotiated projects with all of the major local contractors and our intent is to keep the construction work local The Matrix incorrectly stated the apartment mix at the Linn St Building: Linn St would include 48 2 bedroom units and 24 3 bedroom units. Our team is made up of local companies whose offices are located in the Riverfront Crossings. As such, we are stakeholders in this project whether or not we are selected. We share a deep commitment to Iowa City. It is our position that an objective evaluation performed in the context of the information noted above and in consideration of compliance with the City's stated goals for this project in the RFP should place Prairie Sun Builders, LLC as a finalist and allow us to present our proposal to the City Council. We are willing and prepared to meet with representatives of the City to provide additional specifics and to discuss our position on this matter. Sincerely, N-0 Michael Oliviera, Prairie Sun Building Services: ;a Robert Carlson, Carlson Design Team PC =; q� m$ �& m ■ q I > 2 � w; � � b]§32E § #$)?{ a0 k Lu \ ) ( � a � � � 2{ ) *o �$)) °§ !§yk/ =EmoR= f � _ f | � m U) CD •L a W u m L d F- C C J i 3 O U Y C Y_ O U O d .a m COvJ 0 i C/) iz CO W O U L co E U W U L L Q `, (6 C rid Q C Lei .. co N CO E m C L O U— a c m 0 Ail M=3 W U O L a L LL U c .) a� w cu C 0 4--1 co cu J ,- a U O ^L LL L U O L Q Q a� E cu co ►� If cu L C 0 co N 2) AlL_J m C LL LL r C Q.. �U a w` U Q U) ^^0 i N N {- O i (D J 6� V)6 ;g� aN ..i ao!! LL O jJ - Y o v — V @ uj N Y O U o m 3 LL O jJ - Y o v — V @ APRMRIE SUN =.`:` �__ BNLDING SERVICES, LL Court -Linn Terrace Talking Points Basic Project Information Court Street Building 10 stories 100,778 square feet of heated /cooled space including: FILED OCT 0 7 2014 City Clerk Aowa City, Iowa 35,100 square feet of commercial space on two levels 10,000 square feet incubator /accelerator space 6,000 non - profit tenant space 1,000 square feet coffee shop /kiosk 18,100 square feet single user commercial space 63 workforce /affordable apartments- average rent $1,054 100 indoor parking spaces — proposed rent $100 per month Linn Street Building 15 stories 172,128 square feet of heated /cooled space including: 14,200 square feet of commercial space including: 10,200 square feet incubator /accelerator space 4,000 square feet day care tenant space 72 high amenity, market rate apartments- average rent $1,873 100 parking spaces — proposed rent $100 per month Organization • Development Team is comprised of Iowa City residents, (Bob Carlson, Mike Oliveira, Terri Chait, Hezhen Shen and others) combined with seasoned development professionals who have experience working long term in Iowa City, (Tom Gourguechon, project management and Jacques Gourguechon, consulting planner). • Main offices for development, project management, leasing and property management are permanently located in Iowa City at 329 Court St. ■ Architecture and engineering services will be performed, managed and coordinated by Carlson Design Team, a local Iowa City firm. ■ Plan to establish partnering relationships with community based non - profits and business incubator sponsors early in the process to assure integration and participation of local organizations that benefit the region. ■ The proposal's organization structure includes a specific plan to establish an inclusionary Iowa City Planning and Building staff partnering committee to meet on a regular basis. Proposal /Project Attributes ■ The proposal addresses and includes all of the City's project component requirements as referenced in the Request for Proposal. ■ The project's massing, comprised of two distinct, but complimentary structures (sharing a common pedestal containing 200 parking spaces and building services) , allows for greater light and air penetration, better tenant view opportunities, presents a lighter and more open silhouette to the City skyline and minimize "shadowing" of adjacent properties. Q � LU N N T o �U s= o s Um o ■ The pedestrian circulation characteristics extend well beyond the project boundaries, reaches to adjacent public transportation nodes and provides for integration of neighborhood pedestrian activities. • Opportunities will exist for street level, neighborhood and pedestrian scale retail and service tenants without imposing additional parking burden on the streets. • A recent National Association of Home Builders study, The Local Impact of Home Building in a Typical Metro Area, Income, Jobs and Taxes Generated, (multi - family construction) indicates that for every 100 multi - family units constructed in a metro area: 1 year average -122 local jobs supported, $5,600,000 in local wages and salaries, $2,301,000 in local business owner's income and $827,000 in local taxes. In addition, by way of induced effects of spending income and tax revenue, another $2,571,000 of local income, $1,721,000 of local wages and salaries, $850,300 of local business owner's income and 42 more jobs are supported. The Court -Linn Terrace proposal will add more than 35% to these numbers: Direct and Indirect Economic Impact of Construction Activity C Local Income: C Local Business Owners: C Local Wages and Salaries: C Local Taxes: (non real estate tax) Local Jobs Supported: $10,650,200 $3,106,100 (excluding building materials) $7,543,700 $1,116,200 (includes permit & City fees) 178 TO 193 (77 to 101 construction jobs -20 months) Ongoing, Annual Economic Effect Occurring Upon Occupancy • Local Income: • Local Business Owners: • Local Wages and Salaries: • Local Taxes: (non real estate tax) • Local Jobs Supported: • Commercial Space Jobs: $3,069,800 ' " ;4R°° $1,312,700 $1,757,300 OCT 0 7 2014 $City 533,300 Clerk City, Iowa 55 (permanent) 123 TO 197 ■ Green, living roofs and at -grade landscaping provide 33% of the site as landscaped areas. Green roofs conserve energy and reduce storm water run -off. ■ Installation of photovoltaic panels on the roof and geothermal assisted heat pump use enhance the sustainable design of the project. ■ The Court Street Building will be modular construction whereby building components will be delivered to the site approximately 85% complete, set into place by crane, reducing the construction period by up to 50 %, reducing project cost and significantly limiting construction disruption in the area. This construction approach also reduces construction waste normally diverted to local landfills and virtually eliminates other sources of typical construction period pollution. FILED OCT 0 7 1014 City Clerk Iowa City, Iowa ■ The module manufacturing facility is planned to be located in Iowa City, in a vacant, existing facility to reduce shipping and transportation costs and will create additional employment opportunities. ■ The applicant, Prairie Sun Building Services, LLC, who will provide Project Management, Development Management and A &E Management services, is a 51% woman owned (although, as yet not certified) business. ■ Project cost assumptions are conservatively estimated using data from RS Means Building Construction Cost Data and RS Means Green Building Cost Data, both adjusted for the project's regional location and anticipated construction time periods. ■ Project revenue assumptions were also conservatively projected using current data from several comparable properties in Iowa City (Linn Street building) and by using the City's data and formulas for workforce /affordable housing rental rates. ■ The project has received letters of interest related to project financing from both private equity and private placement construction loan investors and conventional banking institutions, (including a local branch of a major international bank). ■ It is assumed that a single purpose Iowa, limited liability corporation will be established to act as "owner" of the project. 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N U C) O O O CL L a) > 0 E N N a) c0 - 'O N O� L L N 7 m a E w 3 a) 0 o u a a o O �• 0) a a) N N- (n �� a) U L T N a) w co a m m_ 0 a) > > m 3 (L) CL) 0 U O N m N N= N C 0 c N w L m> > m O a N 'O ° m O w c '� a3 E w a) U d 3 N c °\o 'c : 3 o m .S c o o 5 c L m Cl) —° m' o Q m� °o a) E o'mw @ 0)= E S2.5 nX a « N a) aci E N o °� fl m_ .E ° o m? a�i m N 0 a C) L 3 0 7 a7 C a 0 a C O N m a) U a) C m a) O m O LL m C m .= co L (D 0 L U a) T N N _O (n 0- 00 a) a3 a) .0 0 M' = N a) X uj O a) U O m M m ° m CC 3 N= o -0 c o c a) ax) o 3 m 0 m 0 0 0 ,� a) U C O a) CO y L- a 0 a) fa O O 3 fC O w 'p_ O m C— t c 0 O a -a1 m . ~ O-0 a) 0 Q m O CO N O W 0 LO o 0i O m U -a) In N Z E 0) O CL 0 cn L N a � 0 OL L U N C S CO C m Op � C C 0 O X O L U3, j, O. m a) H N U O p m c— N O L C a) c 0 aci 0 3 n 0 c 0 '` .N m aUi L o 3 O a) O > E 3 U ) d= 3 =0 m c N C 0 0--S E N O O c U L O m U - O m O_ T C a C N a) o X v m w � H v 3 N m n an LJ L`a am BSC July 16, 2014 G R O U P Tom Gourguechon Prestige Properties, LLC Re: Court St./Linn St. Redevelopment Site, Iowa City, IA Tom, The purpose of this letter is to inform you that we have reviewed the preliminary information you have submitted in regards to the proposed Court/Linn Redevelopment project in Iowa City, IA. Based on our expansive knowledge of the capital markets and preliminary research conducted to date, it is our opinion that the contemplated capital stack proposed for this development is reasonable, and as such we believe the deal to be eminently financeable once you have received all of the necessary approvals. We have had preliminary discussions with several joint venture capital sources and lending institutions that have expressed interest in the project; this includes Regional Banks, Private Lenders, and Private Equity Funds. Obviously, as you can appreciate, it will not be possible to obtain actual term sheets for financing until such time as the deal becomes more formalized. As such, this letter is not a commitment, undertaking or offer by The BSC Group to provide the financing on this project. We look forward to working with you to secure financing for the proposed development once you have achieved all of the necessary approvals from the municipality. In the meantime, please let us know if there is anything further we can do to assist you in the endeavor. Sincerely, Stephen Lee Vice President The BSC Group, LLC THE BSC GROUP http: / /thebscgmup.com Fax: 372.277.6777 FIL OCT 0 '71014 City Clerk Iowa City, Iowa 600 W. Van Buren Street Suite 204 Chicago, IL 60607 Great Western Bank® Making Life Great`" Member FDIC July 16, 2014 Tom Gourguechon Prairie Sun Building Services 329 E. Court St. Suite 100 Iowa City, IA 52240 Tom, Please accept this letter as confirmation that Great Western Bank has reviewed and considered the proposal for the Court Street /Linn Street Development Site in Iowa City. While this is a preliminary review and any financing would be subject to credit, appraisal, loan underwriting, etc.; Great Western Bank would be interested in continuing to pursue the merits of this project. Please let me know any questions at this time and when we may have an in person meeting. Best regards, avw F I L Patrick Donnelly OCT 0 7 1914 VP Private Banking Great Western Bank 655 Community Drive North Liberty, IA 522317 319 - 471 -4575 GreatWesternBank.com City Clerk 4owa City, Iowa COURT /LINN TERRACE Resources Used in the Preparation of This Proposal National Association of Home Builders (NAHB) CCIM Institute Estimating Economic Impact, Three Rivers Model Key Elements to the Financial Analysis -City of Iowa City Property Tax Estimator - Johnson County Assessor Multi - Family Cap Rates - Cushman & Wakefield Multi - Family Vacancy Rates - Cushman & Wakefield Apartment Investment Prospect Trends -Urban Land Institute Apartment Vacancy Rates -ULI, Emerging Trends in Real Estate 2014 BOMA GMU Center for Regional Analysis SSRI Study — IMPLAN Input/Output Model Operating Income & Expense Data - National Apartment Association Current LIBOR Interest Rates - Global Rates.com Apartment Buildings Cost Comparisons -RS Means, June 2014 The Boom in Apartment Buildings- Business Insider Tax Increment Financing -Iowa Economic Development Authority Calculating Tax Increment Financing -Iowa State University Skogman Realty- Multiple Listing Service J &J Real Estate - Apartment Rental Listings Apartment Rental Listings - Telluride Apartments Apartment Rental Listings -Moen Group OCT 0 7 2014 Iowa ' City, Iowa owa EXHIBIT "A" Proposal submittal signature form The undersigned attests to his/her authority to submit this proposal and to bind the firm herein named to perform if the firm is selected by the City of Iowa City. The undersigned further certifies that he /she has read the Request for Proposal, terms and conditions, and any other documentation relating to this request; has complied in all respects with all conditions hereof, and this proposal is submitted with full knowledge and understanding of the requirements and time constraints noted herein. The undersigned hereby further acknowledges that it accepts the terms of the Request for Proposals in its entirety and by the submission of its proposal hereby waives any claims or claims to irregularities that arise out of such RFP, the process employed by the City to solicit and develop proposals, or the RFP evaluation process described in the RFP, and agrees to release and hold harmless the City, its employees, agents, and consultants from any claim, loss, or damage arising therefrom. The undersigned hereby authorizes any person, firm or corporation to furnish any credit history and financial condition or other information required by the City to verify information related to the firm's submission to the City. I hereby certify, on behalf of the undersigned firm, that the above information is true and correct to the best of my knowledge and that the City may rely on the information provided. Firm name: Home office address: -3 ?:!�j_ 6-- /✓' olt:t ' City, state, zip: JJJA4,gi 4A, 5v2.40 Name and Title of Representative: / Name: T{byw^S `5 C I Date: 'a - /(0- Z-0 14 0 7 2014 Clerk ity, Iowa 19 LISTING OF LAWSUITS OR LITIGATION WITHIN THE PAST FIVE YEARS Lawsuit or Litigation V `Ow Status or Outcome K/ A Comments t\IAI FRI "- OCT 0 7 2014 City Clerk Iowa City, Iowa 20 ADDENDA 0 I L Z :o OCT 0 7 2014 City Clerk owa City, Iowa r May 30, 2014 't CITY OF IOWA CITY 410 East Washington Street Request for Proposals: Private Developer for the Iowa City, Iowa 52240 -1526 (3 19) 356 -5000 Court St / Linn St Redevelopment Site, Iowa City, IA (319) 356 -5009 FAX www.ICgov.org PLEASE TAKE NOTE: This document constitutes a Request for Proposal, and is not a request for professional services, a request for a bid or a construction contract. Acceptance of a proposal may result in a binding contract between the City and the proposer, contingent upon certain legislative acts of the City Council related to zoning, sale of land and approval of a Development Agreement. Notice to proposers: One signed original proposal, and one copy on a flash drive will be received at the City Clerk's office at Iowa City City Hall. Address proposals to: City Clerk, City Hall, 410 East Washington Street; Iowa City, Iowa 52240, on or before the time and date specified below. All proposals shall be enclosed in a sealed envelope and marked on the outside in bold letters: Private Developer Proposal for the Court St/Linn St Redevelopment Site. Faxed and e- mailed proposals will not be accepted. Proposals due: 4:00 p.m. on Monday, July 16, 2014 A non - mandatory pre - proposal meeting will be held Friday, June 6, 2014, in Harvat Hall, the City Hall City Council Chambers. This meeting is being held to review the RFP, clarify the City's expectations, and answer questions. Attendance is not compulsory. Proposals may be made to the City regarding a proposed development on the property, more specifically described herein. As more particularly described in Section 6 entitled "Reservation and Disclosures ", the City retains the right to reject proposals as non - responsive, to ask for clarification, to enter into negotiations to discuss cost, scope of work, procedures, and final work product. Acceptance of a proposal does not constitute contract approval or approval for construction purposes; normal administrative and legislative procedures and actions will be required including but not limited to rezoning, property sale, approval of financing, site plan and building permit approval. SLED Questions should be directed via e-mail to: OCT 0 7 2014 Jeff Davidson, Economic Development Administrator City Clerk City of Iowa City, Iowa c Owa City, Iowa 410 East Washington Street Iowa City, Iowa 52240 Jeff- davidson(r)iowa -city. org RFP Contents Section 1: Background Information and Project Goals ................ ............................... 3 Section2: About Iowa City ........................................................... ............................... 7 Section 3: Zoning Parameters ..................................................... ............................... 9 Section 4: Potential Public Financing Options and Development Agreement........... 11 Section 5: Submittal Requirements ............................................ ............................... 12 Section 6: Reservation and Disclosures .................................... ............................... 14 Section 7: Application Review and Scoring ............................... ............................... 16 Section 8: Non - assignment of Interest ....................................... ............................... 18 Exhibit A: Proposal submittal signature form ............................ ............................... 19 Exhibit B: Listing of lawsuits or litigation form ........................... ............................... 20 M L t OCT 0 7 1014 City Clerk fovea City, Iowa F: Request for Proposals Private Developer for the City of Iowa City Court St / Linn St Redevelopment Site SECTION 1: BACKGROUND INFORMATION AND PROJECT GOALS This Request for Proposals (RFP) is directed to private developers and development teams interested in the development of an urban building (the "Project ") on the east half of Block 1 County Seat Addition, the former St. Patrick Church Parish Hall site, in the Riverfront Crossings District in Iowa City. The City intends to enter into a development agreement and convey the property to the development team which best meets the City's goals. The Project is envisioned as a privately -owned urban building or complex of buildings. The Project site is the east half of Block 1, County Seat Addition, bounded by Court St on the north, Linn St on the east, Harrison St (vacated) on the south, and a north - south alley on the west. The Project property is'' /z block in size plus the vacated Harrison Street ROW, with dimensions of approximately 150' x 400'. The vacated Harrison Street ROW contains a storm sewer that will require relocation or reconstruction at the developer's expense. The Project property is owned by the City of Iowa City and is currently occupied by a vacant building and surface parking. An aerial view of the Project property is shown to the right, and location maps are shown on pages 5 and 6. The purpose of this RFP is to solicit proposals from developers and development teams interested in acquiring and developing this property. The City intends to convey the property to the selected development team. The City's goals for the Project are consistent with the City's Economic Development Policies and Downtown & the Riverfront Crossings Master Plan (see link below). Iowa City's general economic development goals are described below and are followed by specific Project goals on page 4. General community objectives for redevelopment projects: • Increasing the taxable valuation of property OCT 0 7 2014 • Achieving high quality architectural and site design City Clerk • Redevelopment of vacant / blighted property !ova City; Iowa • Achieving energy- efficient development with sustainability features • Creating high quality employment opportunities 3 Establishing land uses consistent with adopted redevelopment plans Goals for this Project include: 1. An urban building generally consistent with the goals of the Downtown & Riverfront Crossings Master Plan, which emphasizes an urban, walkable neighborhood and high quality architectural and site design. The Downtown & Riverfront Crossings Master Plan can be found via this link: http:// www .icgov.org /riverfrontcrossings. 2. A variety of uses will be considered for the Project, including hotel, residential, office and / or retail. 3. An active first floor frontage to a depth of at least 30 feet is required. Parking is not allowed within the first 30 feet of lot depth along both street frontages. 4. An energy efficient building with notable sustainability features such as geothermal heating /cooling, use of solar (passive and /or photovoltaic), and /or other innovative features. 5. A minimum of 20,000 sq. ft. of office space oriented toward applied research, business accelerator /incubation type uses. The relationship this space would have with the City of Iowa City, the University of Iowa, and the Iowa City Area Development group would be subject to negotiation. 6. If residential uses are proposed, units oriented to permanent residents are encouraged. Units which are designed and marketed to households desiring to live in a high quality/ high amenity urban building are encouraged. 7. If residential uses are proposed, a mix of units affordable to 'workforce housing' households (affordable to households earning between 80% and 120% of Area Median Income) is encouraged. If workforce housing units are proposed, the City will require a negotiated percentage of the units be sold or rented to households earning between 80% and 120% of AMI at the time of sale or rental. 8. If residential uses are proposed, the City encourages that a percentage of residential units be affordable to households earning less than 80% of AMI. It is anticipated that these 'affordable' housing units would be rental. South Downtown District, Riverfront Crossings Plan page 60 s w _ £ OCT 0 71014 r - ' goal Cityleowa g i K m s— 4 Location Map #1 FILE -) OCT 0 71014 City Clerk Iowa City, Iewa Location Map #2 -r� L • • MAAVE N � INGTON ST E COLLEGE ST �) JC 0 1- N N N Z O z o O z J W N e , . E STO Gl ? C 4 F CS i ! ! m C L Project _ _ Location _ ilk �. T . - -• - F7 - ENAIt . S f m �,I „ 0 Iowa City Transit `<'' , Q Parking Structure W I ;2 .. WFRY ST File location: Silma City GIS \PCD_Maps \_Urban Planning\20120420_John Nilson Redevelopmentwlap 2.mxd L. OCT 0 7 2014 City Clerk Iowa City, Iowa SECTION 2: ABOUT IOWA CITY Iowa City is a vibrant Big Ten university city located in Johnson County in east - central Iowa. With a 2010 population of 67,862, Iowa City has been consistently growing in population for decades. The 2010 population of the larger Iowa City Metropolitan Statistical Area (MSA) is 152,586 — and has increased 14.8% since 1990, outpacing both the State of Iowa and the United States as a whole. Iowa City is home to the University of Iowa with approximately 31,000 students, and the University of Iowa Hospitals and Clinics, one of the largest teaching hospitals in the nation. As a center of culture, athletics, education, and commerce, Iowa City attracts millions of visitors throughout the year. The University of Iowa offers many athletic events, large and small theater events, and readings by poets, novelists, and academic speakers. The City of Iowa City also has many attractions including fine dining, music and arts festivals throughout the year; the historic Englert Theatre, and several other theater companies, such as the outdoor Riverside Theatre. Iowa City is the only city in the United States named as a UNESCO City of Literature, recognizing the University of Iowa Writers Workshop, award - winning bookstores, and community support for local writers. More general information about Iowa City can be found on the City website at www.icgov.org. Strong and Diverse Economy: Iowa City boasts a strong and diverse economy. The economy is anchored by the University of Iowa, with 18,486 employees, and the University of Iowa Hospitals and Clinics, with an additional 7,791 employees. The academic and research mission of the University, along with the healthcare services and employment provided at the hospitals and clinics, have a stabilizing influence on the area. The evidence of stable economic conditions is reflected in the low unemployment rate of 3.9% (Bureau of Labor Statistics, July 2013). Iowa City also hosts a number of national and international businesses, including several Fortune 500 Companies. Iowa City is home to ACT, Pearson, International Automotive Components, Procter and Gamble and scores of smaller industries and businesses. More information about the leading employers and workforce demographics can be found at the Iowa City Area Development Group website at www .iowacityareadevelopment.com. FILE: - OCT 0 7 2014 City Clerk Iowa City, Iowa 7 National Recognition: Iowa City has a track record of being one of the best places in the country to live and do business: • Iowa City #46, "Top 100 Places to Live," Livability.com, October 2013 • University of Iowa #29 in "2014 Edition: The Top 30 Public National Universities," U.S. News & World Report, September 2013 Iowa City #13, "The Best Small Places for Business and Careers" (Small Cities), Forbes, August 2013 Iowa City #6, "Nation's Top 10 College Towns," Livability.com, August 2013 • Iowa City #13, "Best US Cities for Work/Life Balance," NerdWallet, July 2013 • Iowa City #4, "America's Smartest Cities," Lumosity.com, June 2013 • Iowa City MSA #22, "Economic and Job Growth," Area Development Magazine, June 2013 Iowa City is a Silver Level Bicycle Friendly Community, League of American Bicyclists, May 2013 Five high schools in Iowa's Creative Corridor among 10 Best in Iowa, U.S. News and World Report, April 2013 University of Iowa Hospitals and Clinics ranked top hospital in Iowa; 9 UIHC programs rated among the best in the US, US News and World Report, 2012 #26 (Top 50 Small Communities) in Area Development's 2012 Leading Locations Report, 2012 Iowa City West and Iowa City High ranked among the Best High Schools in Iowa by Newsweek, 2012 #10 one of the 10 Best Cities for Singles as ranked by Kiplinger, 2012 #2 Best Cities for Successful Aging (Small Metros), Milken Institute, July 2012 The Iowa City Public Library is #5 on the Top 10 Libraries for Children list compiled by Livability.com, 2012 OCT 0 7 2014 City Clerk 'owa City, Iowa 0 SECTION 3: ZONING PARAMETERS Current Zoning: Iowa City has proposed a new Form Based Code for the Riverfront Crossings District, which is under review by the City Council and expected to be adopted by June 2014. Project proposals should be consistent with the provisions of the Form Based Code (described below). Assuming approval by the City Council, a rezoning of the property to RFC -SD (Riverfront Crossings South Downtown Subdistrict) is anticipated. Form Based Code: The Form Based Code is intended to allow for the implementation of the Riverfront Crossings Master Plan. Questions about the Code should be directed to Karen Howard at 319 - 356 -5251 or Karen - Howard cDiowa- city.org. The draft of the Form Based Code is available via the Riverfront Crossings webpage at www.icqov.org/riverfrontcrossings. Permitted Uses: Permitted uses will be consistent with Central Business District Support Zone (CB -5), allowing for a wide variety of commercial and residential uses. Allowed uses will include: • General office, medical and dental office • Retail sales uses • Personal service uses • Hospitality - oriented retail (hotels, convention center, event facilities) • Restaurants • Commercial recreational uses, such as fitness centers and theatres • General community service uses and child care facilities • Educational facilities • Residential apartments and condominiums OCT 0 71014 Iowa iry Clerk City, Iowa Residential Uses: For residential uses, efficiency, 1 -, 2- and 3- bedroom units are allowed. A maximum of 30% of the units may be 3- bedroom, with a maximum of 3 unrelated persons living in each unit. Efficiency and one bedroom units are encouraged. Building Placement: The minimum front setback is two feet. The maximum front setback is eight feet, except that forecourts may be approved. Building Height: A maximum of 8 stories is the base height limit, with a fagade step - back of 10 feet after the 5 t story. Bonus building height provisions may be requested for projects which include Class A office space, hotel space, affordable and /or workforce housing units, LEED certification and /or other significant sustainable building features, and other public benefits (see Form Based Code Section 14 -2G -7G for details). With E bonus provisions, a maximum of 15 stories is possible, or up to a height limit permitted by the Federal Aviation Administration, whichever is less. Parking: There is no parking requirement for commercial and other non - residential uses. For residential parking the anticipated parking requirements are: • Efficiency and one - bedrooms: 0.5 spaces per unit • Two - bedrooms: 1 space per unit • Three - bedrooms: 2 spaces per unit. Required parking for the project should be provided on site OCT 0 71014 City Clerk lowwa City, Iowa 10 SECTION 4: POTENTIAL PUBLIC FINANCIAL ASSISTANCE AND THE DEVELOPMENT AGREEMENT Iowa City's goal is to enter into a property transaction and Development Agreement with a development team that will commit to constructing an urban building. The City is seeking development proposals for the Project that maximize private debt and equity financing, and leverage to the greatest degree possible non -City sources. Incentives and /or financial participation potentially available from the City are not intended to replace financing from other private and public sources. Rather, they are intended to be flexible resources that may be able to assist in bridging funding gaps that may be created or compounded by current market conditions or by the difficult nature of infill projects on previously developed sites, as opposed to greenfield sites. The infill nature of this project is mitigated by the City having assembled the property. If financial assistance is requested, the City will work with the selected developer to analyze all details about the proposed Project financial pro forma and other factors. Potential financial assistance will be based on the project meeting the City's goals for the property, and the nature and extent of the financing gap identified between the project costs and the available debt and equity to cover those costs. In their proposals, development teams should make a reasonable estimate of the need for financial assistance, based on project costs, a preliminary pro forma and estimated debt and equity sources. A link to Iowa City's Economic Development Process and Policies is here: Economic Development Policies It should be noted that for any request involving Tax Increment Financing (TIF), a rebate structure is strongly preferred to upfront funding. Development Agreement The City will ultimately enter into a Development Agreement with the selected preferred development team. The Development Agreement will include terms for the conveyance of the property; security requirements to ensure Project completion; financial terms associated with property conveyance and Project construction; terms regarding the condition of the property prior to conveyance; and any additional terms as may be necessary to ensure compliance with the Project goals stated herein. Negotiations will include a determination of whether the City will provide a clean site (with existing buildings demolished and any environmental issues mitigated) or if demolition and mitigation will be performed by the selected development team. It is anticipated that a portion of Linn Street may be used for construction staging for the project. The City will stipulate that the Linn Street paving be replaced at the conclusion of construction. This may be included as a project expense. OCT 0 7 2014 City Clerk Iowa City, Iowa SECTION 5: SUBMITTAL REQUIREMENTS F, R A r- 7) All proposals must comply with the following requirements and must be numbered O 7 7014 y accordingly: City Clc, k 1. The proposal submittal signature form (copy attached as Exhibit "A" )bwa City. Iowa 2. A signed letter on the proposer's letterhead indicating an interest in the Project. 3. Primary contact person and contact information. 4. The legal name and address of the development entity, including all joint ventures, limited partnerships and limited liability companies, and the percentage of interest of each. Proposers are encouraged to include size of their firm, parent company if applicable, and officers /principals of the firm. 5. Identification of the legal entity with whom the City would contract, whether the entity exists currently or would be created for the purpose of this project, and the names and titles of all parties authorized to act on behalf of proposer. 6. An organizational chart showing all members of the proposed development team including but not limited to developer, management agency, legal, design professionals, and consultants. Contact information should be provided for each team member. 7. A description of proposer's previous experience, including a brief description of at least two mixed -use projects where the proposer played a substantial role. The descriptions should include the specific role of the proposer and the current status of the projects. Sufficient reference contact information should be provided for each project in order to permit the City to verify the information. 8. A description of the proposer's financial capacity to obtain acquisition, construction, and permanent financing, including letters of interest from lenders and /or tax credit investors. A discussion of the financing sources and partnerships utilized for prior projects and references from these parties are also welcomed and encouraged. 9. A narrative describing the proposer's plan for construction and financing of the Project. This should include: a. Organization and management approach to the Project; b. General schedule for completion of the Project following property acquisition; c. Description of a general plan for construction loan and permanent financing, copies of any letters of intent from prospective purchasers and /or tenants; 12 d. Description of the marketing approach to secure purchasers or tenants; e. Proposed purchase price and the explanation of the purchase price for the Project property. 10. If public financial participation is contemplated / requested, a narrative and information including: a. Preliminary project building costs, preliminary pro forma and sources and uses of funds, illustrating anticipated and /or potential financing sources; b. Proposed amount and description of gap financing assistance for the Project. Section 4 provides a link with more information; c. Description of how public financial participation will further the City's economic development goals; d. Description of how the Project addresses and corresponds to market demands and conditions. A market study may be required as a condition of financial assistance. 11. A visual description of the proposed Project, including (if available): a. Conceptual drawing or schematic; b. Conceptual square footage of commercial and /or office space; c. Conceptual square footage and size of residential units; d. Conceptual layout of commercial and residential floors and parking; e. Conceptual visualization of the pedestrian -level fagade. 12. A description of the energy efficiency of the building, including anticipated efficiency above the base standard, and a description of sustainability features proposed to be included. 13. A statement relative to whether any of the principals, development entities, or members of the development team have ever been charged with or convicted of a felony, and a description of any and all litigation involving the principals, development entities, or members of the development team during the past five years (Complete Exhibit "B "). 14. References from financial institutions, city governments, and community organizations that will permit the City to verify the capabilities of the proposer. 15. The identity of any unique resources, capabilities or assets which the proposer would bring to the Project. 16. The entire proposal may be no more than 40 pages. OCT 0 7 2014 City Clerk Iowa City, Iowa 13 SECTION & RESERVATION AND DISCLOSURES FILED Reservation OCT 0 7 2014 City Clerk Issuance of this RFP does not commit the City of Iowa City to enter into a Deg daMl�, owa Agreement, pay any costs incurred in preparation of a response to this request, or to procure or contract any services or supplies. The City reserves the right to reject any and all proposals and to make recommendations for changes in any proposal submitted, to waive informalities or irregularities, and may, in the process of this recommendation, allow the developer to make such recommended changes in its proposal. The City reserves the right to require additional information from the developer, financial or otherwise, and to hold meetings with any developer to review the offer and development proposal, and to waive any of the requirements set forth herein. The City may, at the conclusion of its review, recommend that the City Council, in conjunction with appropriate legislative process, commence negotiations with the intention of entering into a Development Agreement with the selected developer. As an equal opportunity /affirmative action employer, the City prohibits discrimination on the basis of race, creed, color, sex, age, religion, sexual orientation, gender identification, marital status, disability, or national origin. Minority and women's business enterprises will be afforded full consideration and are encouraged to respond. Disclosure of Proposal Content After the deadline for submissions of proposals, the contents of the proposals will be placed in the public domain and open for inspection by the public. Trade secrets or proprietary information that are recognized as such and are protected by law may be withheld if clearly identified as such in the proposal. Disposition of Proposals All proposals become the property of the City and will not be returned to the proposer Independent Contractor The selected developer will act as a separate legal entity and will not be in joint venture, employment or be otherwise affiliated with the City. The developer is responsible for all insurance, salaries, contracts, withholding taxes, social security, unemployment, worker's compensation and other taxes and other liabilities it incurs in connection with the Project, and shall hold the City harmless from any and all claims for the same. The submission of a letter of interest and statement of qualifications will not require a fee or deposit. The City shall have the right to verify the accuracy of all information submitted and to make such investigation as it deems necessary or appropriate to determine the ability of a prospective developer to carry out the Project. The City 14 reserves the right to reject any response where the evidence or information does not satisfy the City that the prospective developer is qualified to carry out the Project, is a person or firm of good reputation or character, or if the developer refuses to cooperate with and assist the City in the making of such investigation. 'AIL OCT 0 7 1014 City Clerk Powa CitY, Iowa 15 SECTION 7: APPLICATION REVIEW AND SCORING Applications will be reviewed and scored by a committee consisting of City staff and two members of the City Council. This committee may invite proposers to make oral presentations of their proposals. This committee will make a recommendation to the City Council on a preferred developer, or may make a recommendation for a list of finalists to be considered by the full City Council following public presentations of finalist proposals. If there is a clear preferred developer the review committee may make a recommendation without public presentations, but proposers should be prepared for a public presentation of their proposal. Proposals will be scored and reviewed according to the following criteria: 1. Compliance with submittal requirements. 5 possible points. 2. Developer experience and capabilities. 20 possible points. a. Quality of proposal b. Composition and experience of development team, particularly experience with mixed -use projects d. Organization and management approach to the Project e. References, including references within the construction industry f. Implementation ability. Demonstrated ability of the developer to implement complex development projects , 3. Market and economic viability of the project. 25 possible points. a. Evidence of the financial strength of the developer OCT 0 7 1014 b. Estimate of developer equity investment in the Project City Clerk c. Marketing approach 'owa City, Iowa d. evidence of interest from financial institutions and investors e. Letters from prospective purchasers and /or tenants for commercial and /or office space f. Reliability of the proposed financial plan g. Preliminary evaluation of need for any requested gap financing; level of request for gap financing; type of gap financing (upfront vs. rebate) 4. Long term fiscal benefit to the City. 20 possible points. a. Projected property tax revenues b. The price offered for the City property, and any terms c. Any required City services and /or ongoing public funding beyond the construction costs d. Employment opportunities created e. Ability of the Project to generate other revenue for the City (such as hotel -motel tax) f. Assessment of any negative impact of the Project on adjacent properties 16 5. How the Project furthers Iowa City's economic development and Riverfront Crossings goals. 25 possible points. a. Ability of project to draw people to the Riverfront Crossings District b. Ability of project to add to Riverfront Crossings street life and activity c. Ability of project to create employment opportunities d. If residential is proposed, does the Project provide housing opportunities for a variety of income levels e. Quality of architecture f. Level of energy efficiency and sustainability features 6. Compliance with applicable state, federal and local laws, rules, regulations and policies including the Downtown & Riverfront Crossings Master Plan policies and form -based code provisions; and all other factors deemed to be in the best interest of the City. 5 possible points. FILE YD OCT 0 7 Y014 City Clerk Iowa City, Iowa 17 SECTION 8: NON - ASSIGNMENT OF INTEREST No developer shall assign or transfer to any other person or corporation, any interest in its proposal prior to execution of a Development Agreement without the express written authorization of the City. After execution of a Development Agreement and until the proposed development has been completed, no interest in the contract may be assigned or transferred without the written consent of the City, except as set forth in the Development Agreement. OCT 0 7 1014 City Clerk lowa City, Iowa iu EXHIBIT "A" Proposal submittal signature form The undersigned attests to his /her authority to submit this proposal and to bind the firm herein named to perform if the firm is selected by the City of Iowa City. The undersigned further certifies that he /she has read the Request for Proposal, terms and conditions, and any other documentation relating to this request; has complied in all respects with all conditions hereof, and this proposal is submitted with full knowledge and understanding of the requirements and time constraints noted herein. The undersigned hereby further acknowledges that it accepts the terms of the Request for Proposals in its entirety and by the submission of its proposal hereby waives any claims or claims to irregularities that arise out of such RFP, the process employed by the City to solicit and develop proposals, or the RFP evaluation process described in the RFP, and agrees to release and hold harmless the City, its employees, agents, and consultants from any claim, loss, or damage arising therefrom. The undersigned hereby authorizes any person, firm or corporation to furnish any credit history and financial condition or other information required by the City to verify information related to the firm's submission to the City. hereby certify, on behalf of the undersigned firm, that the above information is true and correct to the best of my knowledge and that the City may rely on the information provided. -y Firm name: Home office address: City, state, zip: Name and Title of Representative: Name: Signature: OCT 0 7 1014 City Clerk O -eity, Iowa it EXHIBIT "B" LISTING OF LAWSUITS OR LITIGATION WITHIN THE PAST FIVE YEARS Lawsuit or Litigation Status or Outcome Comments L OCT 0 7 2014 City Clerk fowa City, Iowa 20 SUNDAY, OCTOBER 5, 2014 1 STATE EDITION I DESMOINESREGISTER.COM /BUSINESS I SECTION D -1 REGISTER FILE PHOTO Metro Lofts, 100 Second Ave. in Des Moines, is one of four housing projects George Sherman has developed south of Court Avenue. He is credited with helping kick -start downtown's recent housing revival, but he has more recently faced growing criticism about stalled projects, delinquent property taxes and possible construction flaws. SPREAD T00 THIN? Known as catalyst for downtown housing boom, developer now faces criticism over stalled projects By Joel Aschbrenner jaschbrennedmreg.com eorge Sherman is often credited with helping kick -start downtown's recent housing revival. But now the Minneapo- lis developer faces growing criticism about stalled projects, delinquent prop- erty taxes and possible construction flaws. His company, Sherman Associates, plans to ren- ovate the Hotel Randolph into apartments and to break ground on new apartment, office and hotel projects south of Martin Luther King Jr. Parkway in a development called River Point West. But Sherman has been trying to develop River Point West since before the reces- sion. The project has seen false starts before, and now city officials question whether Sherman has bitten off more than he can chew. He did some great things and got off on the right foot when he came to town, but my per - s tTA'UtTMNrr & MaC he is spread too thin," said City Council member Christine Hensley. "I think he will have to figure out where he has the best opportunities to get his pro- jects finished and get his house in order," Hensley said. "Otherwise, we will need to look for an exit clause for him." Sherman, though, says his company is financial- ly sound and ready to begin work in coming months on several projects around downtown. "We're very positive about Des Moines; we're very positive about our future," he said. "We're fi- nancially committed to it, and we have the equity and manpower to do it." f.MALCS{1R1L5P,ri AOIOI'101RLL,'S .ri{'fL'£FIYU ^�? Sherman's $16.5 million renovation of Hotel Randolph in downtown Des Moines has been stalled by problems with historic tax credits. See SHERMAN, Page 2D SPECIAL TO THE REGISTER This artist's rendering shows the Nexus at Gray's landing, a proposed Des Moines apartment complex with about 150 units. Sherman plans to start construction on the project in May. SPECIAL TO THE REGISTER Sherman says construction is set to beglh Mil; faff on an office building south of MLK Jr. Parkway. SPECIAL TO THE REGISTER If the Edge at Gray's Landing apartment complex gets a grant, building could start in April. PROPOSED SHERMAN DEVELOPMENTS Hotel Randolph, 204 Fourth St.: Sherman plans to renovate the historic hotel and two adjacent buildings into 55 apartments, with street -level commercial space. The $16.5 million project, slated to begin in early 2014, is stalled due to issues with historic tax credits. Gray's Lake Office Park, south of Martin Luther King Jr. Parkway be- tween Southwest Ninth and Southwest 11th streets: Sherman plans to build a $15 million, 72,000- square -foot office building and a $12.5 million, 102 -room Holiday Inn Express. Construction is scheduled to start in late 2014 and wrap in late 2015. Gray's Landing, south of Tuttle Street between Southwest Ninth and 11th streets: Sherman plans to start construction in May on Nexus at Gray's Landing, an apartment complex with about 150 units. If awarded a feder- al disaster grant, the company plans to begin construction in April on the Edge at Gray's Landing, a $14.5 million, 90 -unit apartment complex. Criticisms include delays, tax payments By Joel Aschbrenner jaschbrenner®dmreg.com Here's a look at four criticisms raised about Sherman Associates' work in Des Moines: Late payment of taxes Minneapolis developer George Sherman recently drew the ire of Des Moines officials for not paying a year's worth of taxes on 11 down- town properties until just before seeking the council's support for a federal grant application. Subsidiaries of his company paid off the back taxes and interest totaling $196,963.77 on Aug. 21, ac- cording to records the city provid- ed. That was four days before Sher - man's comoagv brougIn aprfpfI.Ral for a 90 -unit apartment project be- fore the City Council, seeking a rec- ommendation for a federal grant. Ultimately, the City Council vot- ed to recommend the project, but council members Joe Gatto and Christine Hensley voted against the measure. Gatto questioned whether Sherman would have paid the taxes if not for the carrot of more grant funding. "I cannot award bad behavior with money, and that's what we're doing," Gatto said. Sherman said his company is fi- nancially sound. He said his compa- ny didn't pay the taxes because of delays to projects to renovate the See ISSUES, Page 21D Page 2D I Sunday, October 5, 2014 I' OT Continued from Page 1D In recent weeks, City Council members and res- idents have voiced com- plaints against Sherman over several issues: a Subsidiaries of Sher- man Associates owed nearly $200,000 in back taxes on 11 downtown properties before paying the bill in August. The Hotel Randolph renovation is nearly a year behind schedule. Sherman says the delay stems from changes in laws concerning historic tax credits. n Residents of Water Street Brownstones, a condo development built by Sherman, are threaten- ing to sue over what they describe as a leaky foun- dation. Sherman says me- diation is in progress. a The owner of a busi- ness at 315 S.W. 14th St. says Sherman has default- ed on a development deal with the city by not demol- ishing an adjacent build- ing. City officials, though, say Sherman has not vio- lated the agreement. Official: Sherman has 'good team' Assistant City Man- ager Matt Anderson said he thinks Sherman can handle all the projects on his plate. The delays, he said, are a result of slow recovery from the reces- sion, not a lack of effort. "I'm not going to de- fend him not paying his taxes, but as a developer, I think he is very shrewd," Anderson said. "I think he has a good team around him." Rick Tollakson, presi- dent and CEO of Hubbell Realty Co., said his com- pany lost money on a deal with Sherman Associates on a project south of MLK Jr. Parkway. He said Sher- man seems to be taking on projects before he can fin- ish others. "He has a pret- ty lean staff from what I Sherman developments Minneapolis developer Sherman Associates has built several housing projects around Court Avenue and plans several more developments downtown. Red indicates proposed projects and black indicates completed projects. understand, so he gets spread pretty thin," Tol- lakson said. Asked about the con- tention that Sherman As- sociates is spread too thin, a company spokesman said: "The status and timeline for the River Point West development is a result of factors and conditions caused by the economic downturn, not Sherman's capacity to de- velop." Sherman viewed as downtown catalyst While Sherman faces criticism now, city offi- cials say the work he has done to improve down- town can't be ignored. Sherman was one of the first developers to invest around Court Avenue dur- ing the entertainment dis- trict's revival. In the early 2000s, city leaders went to Minne- apolis and Kansas City looking for developers with experience in finan- cially complicated down- town projects. They found Sherman. In the following years, THE REGISTER Sherman built four hous- ing developments south of Court Avenue: Vine Street Lofts, Water Street Brownstones, Metro Lofts and Rumley Lofts. Anderson called him a catalyst for downtown's housing boom. When a fire gutted the half - finished Vine Street Lofts in 2003, Sherman de- cided to rebuild. "Before the insurance was even settled, George stepped up with his own cash and restarted the project," Anderson said. "He really proved his worth to us there." Later, Sherman turned his focus south to River Point West. His company acquired the property, leveled old industrial buildings and cleared the area for new develop- ment, with plans to build a sprawling office park. Then the economy crashed. The development has sat idle for several years, which has been a cause of frustration for city lead- ers like Hensley. But Sherman said his compa- ny is ready to break State Edition I DesMoinesRegister.com I Des Moines Sunday Register JOEL ASCHBRENNER/REGISTER PHOTOS Residents of the Water Street Brownstones have threatened to sue George Sherman over what they say is a leaky foundation. Sherman says mediation is in progress. Rumley Lofts, 104 S.W. Fourth St., is one of four housing developments Sherman Associates has built around Court Avenue in downtown Des Moines. ground on several new de- velopments in River Point West. Construction is sched- uled to begin this fall on a Holiday Inn Express and a three -story office build- ing in a development called Gray's Lake Office Park. Next spring, Sher- man plans to start con- struction on the first phase of an apartment de- velopment called Gray's Landing. "We made it through the recession when a lot of developers didn't," Sher- man said. "There are great days when you have ribbon cuttings, and then there are tough days when you have to plug through and continue on." When fire damaged the half- finished Vine Street Lofts during construction, Sherman "stepped up with his own cash and restarted the project" Assistant City Manager Matt Anderson said. The owner of a business near an industrial building at 301 S.W. 14th St. says Sherman has defaulted on a development deal with the city by not demolishing the building. BELINN 'CORMICK ATTORNEYS AT LAW R. Michael Hayes Direct Dial: (515) 283 -4647 Direct Fax: (515) 558 -0647 E -mail: rmhayes @6elinmccormick.com Re: Request for Proposals for the Court Street and Linn Street Redevelopment Site Dear Honorable Mayor and City Council Members: Our firm has been retained to represent Sun Prairie Building Services, L.L.C. in connection with its submission of a development proposal in response to Iowa City's May 30, 2014 request for proposals for the Court Street/Linn Street Redevelopment Site in Iowa City, Iowa. We are concerned that the City staff has recommended rejection of the response submitted by Sun Prairie Building Services, L.L.C., which was the only response submitted that met the criteria of the request for proposals, and instead has recommended consideration of other proposals that do not meet those criteria. The Iowa Supreme Court has held that "municipal authorities should not be permitted to waive any substantial variance between the conditions under which the bids are invited and the proposals submitted. If any bidder is relieved from conforming to the conditions which impose some duty upon him, or from strict performance of the terms of the invitation to bid, such bidder is not contracting in fair competition with those bidders who propose to be bound by all conditions. An indispensable element of such sale is the existence of a definite common standard to which all competitive proposals alike relate. A common pattern is the foundation of just competition .... This policy prevents the modification of specifications after bids have been presented, and awarding the contract to one of the bidders based upon such revised specifications." Inn Operations, Inc. v. River Hills Motor Inn Co., 261 Iowa 72, 152 N.W.2d 808, 817 (Iowa 1967). The Court then found the sale of the parcel of land to a developer based upon a waiver of compliance with material conditions of the request for proposals to be void and enjoined that sale. October 7, 2014 �- E -MAIL C- -� Honorable Mayor Matt Hayek and �` = City Council Members of Iowa City, Iowa 410 E. Washington Street -~ Iowa City, Iowa 52240 Re: Request for Proposals for the Court Street and Linn Street Redevelopment Site Dear Honorable Mayor and City Council Members: Our firm has been retained to represent Sun Prairie Building Services, L.L.C. in connection with its submission of a development proposal in response to Iowa City's May 30, 2014 request for proposals for the Court Street/Linn Street Redevelopment Site in Iowa City, Iowa. We are concerned that the City staff has recommended rejection of the response submitted by Sun Prairie Building Services, L.L.C., which was the only response submitted that met the criteria of the request for proposals, and instead has recommended consideration of other proposals that do not meet those criteria. The Iowa Supreme Court has held that "municipal authorities should not be permitted to waive any substantial variance between the conditions under which the bids are invited and the proposals submitted. If any bidder is relieved from conforming to the conditions which impose some duty upon him, or from strict performance of the terms of the invitation to bid, such bidder is not contracting in fair competition with those bidders who propose to be bound by all conditions. An indispensable element of such sale is the existence of a definite common standard to which all competitive proposals alike relate. A common pattern is the foundation of just competition .... This policy prevents the modification of specifications after bids have been presented, and awarding the contract to one of the bidders based upon such revised specifications." Inn Operations, Inc. v. River Hills Motor Inn Co., 261 Iowa 72, 152 N.W.2d 808, 817 (Iowa 1967). The Court then found the sale of the parcel of land to a developer based upon a waiver of compliance with material conditions of the request for proposals to be void and enjoined that sale. October 7, 2014 Page 2 Sun Prairie Building Services, L.L.C. requests that the City Council reject all of the other non- complying proposals and direct the City to negotiate a final contract for development of this site with Sun Prairie Building Services, L.L.C. Respectfully submitted, ko-j14T R. Michael Hayes For the Firm RMH BEL1N\P0764 \0000\Sun Prairie Building Services Council Letter (01962205).DOC r.3 c�a Enclosure " tC=)7 cc: Michael Oliveira, Tom Markes, Marian Carr, Eleanor Dikes rr -ea N) Marian Karr From: Marian Karr Sent: Tuesday, October 07, 2014 9:44 AM To: 'Tina Advani' Cc: Jann Ream; Council Subject: Class E Liquor License Attachments: 20141007080517098.pdf; CHECKLIST NEW LICENSE.pdf Dear Ms. Advani, I am in receipt of your email on the status of your application for a Class E License. When you applied with the ABD for a license you should have received the attached information instructing you to contract the local authority for additional instructions and to submit your notarized signature form and lease. In addition to applying with the State you need to complete a local application. I've attached our local forms to this email. Complete the forms and return ASAP to my office. Upon-receipt of the completed forms we will submit DCI requests for all owners / managers to the State; and when we receive them we will process your application and schedule for an upcoming Council meeting. All items on the Council agenda must be posted 24 hours ahead of the meeting in accordance with State Code. I understand that you spoke with Jann Ream in our Neighborhood Development Services Dept. last week with building and zoning questions, and you should continue discussions with her on these matters. Please contact me with any further questions. Marian K. Karr, MMC City Clerk From: Tina Advani [mailto:tina.advani9 @gmail.com] Sent: Monday, October 06, 2014 7:35 PM To: Council Subject: Class E Liquor license My husband and I are planning to open a liquor store at 610 Eastbury Suite 1 in Iowa City. We have applied for the liquor license and received notice from Iowa ABD that they sent the application to the City of Iowa City for final approval last week. I just looked on the Council's web page and saw that there is a council meeting tomorrow, the 7th of October and noticed that our liquor license is not on the agenda. What steps does the application have to go through at the city level before getting on the agenda? Is it possible to get the approval of the license on the agenda for tomorrow October 7th? The license is for our business called Cork & Bottle 610 Eastbury Dr. Suite 1 Iowa City, IA 52245 License applicants are Ravi & Tina Advani 4665 Dryden Ct. Iowa City IA 52245 Thank you for your attention to this. Tina Advani This screen appears after as applicant completes a new application. Applicant Confirmation ;;e rappacatlon has beepmcessafullyoubmltted. Your bank account will, onaysratla, be debitedtwo business days afterthe local authority has approvadyour license and submitted the application to the Iowa Alcoholic Uoveropes Division. 6x below for an overview of the approval process: Applicant Submits Application Applicant Contac a oca Authority for Further Instructions I Applicant Submits Notarized Signature Form to Local Authority I Applicant Submits Lease Agreement or Final Sales Contract to Local Authority I Applicant Submits Sketch Including Outdoor Service Area and Living Quarters if Applicable Applicant Contacts Dram Shop 1 Bond Insurance Company APPROVAL STEPS _ J CHECK LIST FOR BEER/LIQUOR NEW NOTE: THE APPLICATION PROCESS TAKES 30 DAYS State application completed electronically. Internet site address is: https : / /elicensing.iowaabd.coin/). Toll Free phone number for Alcoholic Beverages Division: 866 - 469 -2223. They will assist you in completing the forms. Insurance carrier notified by applicant to update DRAM or Bond insurance electronically. After the application has been filed electronically with the Alcoholic Beverages Division, the applicant must submit the following to the City Cleric's Office: City Addendum — Must List All Owners and All Managers Completed Criminal History Background Requests for all persons listed on City Addendum. (Clerk's Office will FAX the requests for you.) Fees: $15 per Criminal History Background Request. Business check payable to the City of Iowa City. Original Signature of Applicant( to be Notarized) Drawing of establishment. (81/2 x I 1 piece of paper) Copy of current signed lease or proof of ownership Dancing Application and appropriate Fee, if applicable. Outdoor Service Area Application, if applicable. Exception to Under 21 Law, if applicable. Your application should be returned to the City Clerk's Office in City Hall at 410 E. Washington Sheet by NOON Wendy Mayer/License Specialist 319- 356 -5042 NOTE Signatures from the Iowa City Building Official, Iowa City Fire Official and Iowa City Chief of Police will be obtained internally. A signature from the Johnson County Health Official will no longer be required, however you will still need to contact that office for renewal of your Food Service Permit. Please complete and return to the Jann Ream, Department of Housing and Inspection Services, 410 E, Washington St., Iowa City, Iowa, 52240, 319 - 356.5120, VERIFIED STATEMENT STATE OF IOWA ) )ss: JOHNSON COUNTY ) The undersigned, first-being duly sworn upon oath deposes and states: hereby verify: 1. That I-have applied for a Class liquor license, wine or beer permit for the following business at the following location: 1. Business Name: 2. Business Address: 2. The regular business hours of this establishment are: (list hours for each day of the week) 3. The following activities, goods and services will be provided at this establishment: I understand that this Statement will be used by the City to determine whether my business is an "eating. establishment" or a "drinking establishment" as defined by the Iowa City Zoning Code. I further understand that the City may require me to produce certain records to confirm the information I have provided herein, including ; but not limited .to, business records upon which this statement is based, state and federal tax records, applications for drain shop insurance, audits performed to determine dram shop insurance premiums and receipts from vendors for goods purchased. I CERTIFY UNDER PENALTY OF PERJURY AND PURSUANT TO THE LAWS OF THE STATE OF IOWA THAT THE PRECEDING IS TRUE AND CORRECT. Dated this day of '20—. (Name) Signed and sworn to (or affirmed) before me on this _ day of , 20� by Notary Public in and for the State of Iowa February 1, 2010 Re: Gaming devices and alcohol prizes Dear Liquor Licensee: CITY OF IOWA CITY City Attorney's Office 410 East Washington Street Iowa City, Iowa 52240 -1826 (3 19) 3S6 -5030 (319) 3S6 -5008 FAX www.icgov.org It has come to our attention that many licensees in Iowa City have gaming devices in their establishments that distribute tickets to winners with which they can purchase goods and services at the establishment. While the devices are regulated by the State, and may be legal under State law, licensees must be mindful of Iowa City Ordinance 4 -5 -7, as follows: 4 -5 -7: LIMITATIONS ON SALES: A. Unlawful: It shall be unlawful for a holder of a liquor control license, or wine permit or beer permit, or its employees or agents, to do any of the following: 5. Encourage or permit any game or contest or tournament of any kind which involves drinking any alcoholic liquor, wine, or beer or the awarding of alcoholic liquor, wine, or beer as a prize. (emphasis added.) Because of the limitations of this ordinance, no alcoholic beverage, bar tab, or bar credit can be awarded as winnings from these gaming devices, More specifically, no winning tickets or vouchers can be redeemed for alcohol. It bears reminding that no alcoholic beverage, bar tab, or bar credit can be awarded as a prize for any other contests, games or tournaments, such as Halloween or other costume contests. Should you have any questions regarding the legality of any drink special or contest, please do not hesitate to contact me. We prefer to help prevent violations rather than prosecute them. Thank you for your consideration. Sincerely, x- Eric R. Goers Assistant City Attorney cc: Marian Karr, City Clerk Sergeant Denise Brotherton, ICPD Eleanor M. Dilkes, City Attorney REQUIRED ELECTRONIC STATE FILING IOWA ALCOHOLIC BEVERAGES DIVISION 866-469-2223 (toll free) ww�v.lowaABD.coin Additional numbers: FEDERAL TAX STAMP Bureau of Alcohol Tobacco & Firearms 1-800-937-8864 Iowa Secretary of State (REGISTER CORPORATION NAMES) 515-281-5204 Federal Internal Revenue Service (FEDERAL TAX ID) 1-800-829-1040 Johnson County Health Department (Food Service Permit) 319-356-6040 Iowa City Building Department 319-356-5120 Iowa City Fire Department 319-356-5268 CITY OF IOWA CITY ADDENDUM TO STATE MASTER APPLICATION FOR NEW RETAIL LIQUOR LICENSE, WINE, OR BEER PERMIT City of Iowa City City Clerk 410 E. Washutgton St. Iowa City, Iowa 52240 ADDENDUM Instructions: This City of Iowa City Addendu m must'be completed In addition to the State Master Application for New and Renewal of Itetaii Liquor License, Wine or Hoer Permit and Addeaftm specific to the type of iicenselpermit for ,which you are applying. Answer all questions even if yott believe the requested information is not knportain, does not apply to you, or may be repetitive: Applications ivlll riot be processed tndess all applicable gnrestimis are filly anstrered. 1. List below all persons having any management interest relating to ale"I sates at this establishment. Also list persons with ownership interest in the establishment:. Name Home Address (include City, State & Zip) Pesition (Describe Merest or re ' tks ) Dote of birth M D Y MANAGER 2. With respect to the Applicant and any person identified in this Addendum or the State Master Application as having any financial interest or control, or any management interest, state whether you ever had a liquor license or permit - suspended or revolted, or had an administrative or civil penalty imposed relating to a liquor license or permit in Iowa. If yes, give the name and complete address of the establishment, date or dates of each incident, and a detailed summary explaining the incident and the enalty im osed. Attach an additional sheet if necessary. Name Date of Incident Charge Disposition or• Penalty Location or Address of.Establishment APPLICANT I hereby declare that all information contained in this Addendum is true and correct. Applicant's Signature Date State of County of Signed and sworn to before me on xndy /memosAlquor ficeom eddendum 1.8.07.doe by Date . Print Name of Applicant 2 Signature of Notary My commission expires; IU I'!li STATE OF IOWA Criminal History Recgd Check Request Form To: Iowa Division of Criminal Investigation Support operations Bureau, ie Floor 215 E. 7a' Street Des "Molues, ioria 50319 (515) 725 -6066 (515) 725 -6080 Fax T.n, rammetine an Inura Vriminal ilistc)YV Kenn Cheek on: ,it 4; Aw DCI Account Number: (if aMlcable) From: City of Iowa City City Clerk's Office 410 L Washington Street Iotya City, IA 52240 Phone: 319 - 356 -5041 Fax: 319 -356 -5497 Last Name First Name mmtdatory) Middle Name tfe Date of Birth (may) Gender ) Social Security Number recommeaded ❑Male ❑Fein ale Waiver lWormation Without a signed waiver from the subject of the request, a complete criminal history record may not be releasable, per Code of Iowa, Chapter 692.2. For gMpkt c criminal history record information, as allowed by law, always obtain a waiver signature 11 mm the subject of the request. Waiver Refeme: i kreby give iuntdssioa for the afore rsqueaing officM to conduct an tors criminal history record check writlt the Division of Criminal Investigation (Deo. Any criminal history data conceer*+g nit that b malmshled by the DCl maybe rekased as allowed by law. Waiver Signature: Iowa Criminal History Record Check Results As of , a search of the provided name and date of birth revealed: El No Iowa Crfininal History Record found with DO 0 Iowa Criminal History Record attached, DCI # DO initials DCI -77 (0&125/10) (DCi use only) Gt'r;5 STATE OF IOWA Criminal History Record Check Request Form To: Iowa Divisfon of Criminal Investigation Support Operations Bureau, l" Floor 215 E. 7tb Street Des Moines, Iowa 50319 (515) 725 -6066 (515) 725 -6080 Fax if arn rj-.niiwe+in& an In"m rritn6tigl Ffigtrwy Reenrd Meck imi: DCI Account Number: �Sc,�ll'ts ,d ���� i►� 7s �Sti (if sotpiicable) From: City of Iowa City City Clerk's Office 410 F. Washington Street Iowa City, IA 52240 Phone: 319 - 356 -5041 Fax: 319 - 356 -5497 Last Name ) First Name ( teat ) Middle Name (recomnica ed Date of Birth Gender nt Social Security Number reeommende ❑Male ❑Female Walvet- Jr formation: Without a signed waiver from the subject of the request, a complete criminal history record may not be releasable, per Code of Iowa, Chapter 692.2. For comlWo criminal history record information, as allowed by law, always obtain a walver signature from the subject of the request. Walver Release: i hereby give permission for tin above requesting official to conduct an Iowa criminal history record check with the Division ofCriminai Investigation (DCQ. Any criminal history data concerning me do( is maintained by the DCl may be released as allowed by law. Walvet• Sjgnatnre: Iowa Criminal History Record Check Results As of , a search of the provided name and date of birth revealed: ® No Iowa Criminal History Record found with DCI ® Iowa Criminal History Record attached, DCI DCI initials DCI -77 (08/25/10) (DCl use only) APPLICANT I hereby declare that all information contained in the E- license Application is true and correct. 1 understand that misrepresentation of material fact in the Application is a serious misdemeanor crime and grounds for denial of the license or permit under Iowa law. Applicant's Signature State of County of Signed and sworn to before me on l; Print Name of Applicant Signature of Notary Date NOTARY Date Date Listed below are helpful hints to help you to review sketches: Please remember the sketches must be on 8 12 x 11 inch white paper. ON- PREMISE APPLICATIONS Sketch must include all floors where alcoholic beverages will be sold, served, consumed and stored. Must show restrooms Must show seating for 25 people •8° Indicate alcohol serving locations inside the premises Indicate all entrances and exits Outdoor service area: Must have a designated area and be connected to the premises. There must be an entrance directly into the outdoor service area and the outdoor service area must be shown on the sketch and labeled as such. OFF - PREMISE APPLICATION Sketch must include all floors where alcoholic beverages will be sold and stored. 48° Indicate all entrances and exits, retail sales area, and storage areas. Indicate bathrooms. HAYEK, BROWN, MORELAND & SMITH, L.L.P. September 17, 2014 Ms. Mary Gravitt 2714 Wayne Avenue #6 Iowa City, Iowa 52245 Re: City Council Dear Ms. Gravitt: LAURA E. BERGUS ()AVID N. SELMER OF COUNSEL: MARY KATE PILCHER HAYEK DAVID E. BROWN I am writing about the September 16 city council meeting. You are without a doubt the most regular speaker at our meetings, and in fact I worry when you are not in attendance. You comment on numerous topics. Sometimes I agree with you and sometimes I do not, but I always listen attentively to your comments. However, I was saddened by your attack on councilmember Rick Dobyns. It is one thing to criticize a city official. It is another to attack him personally, and that is what you did to Dr. Dobyns. He is a decent man who gives of his time to serve our community. He has a legitimate concern (frankly one that I share) about how we budget for senior - related services. Ms. Gravitt, I have considerable respect for you, something I cannot say about all community members who'speak at council meetings. But your comments on September 16 were unfair and crossed the line of basic decency. Sincerely, Matthew J. Hayek MJH:ms 'Ier � ATTORNEYS AT LAW WILL J. HAYEK 11896.1282► 120 EAST WASHINGTON STREET JOHN W. HAYEK (1941.2814) IOWA CITY, IOWA 52240 -3924 , JOSEPH T. MORELAND TELEPHONE (319) 337.9800 MATTHEW J. HAYEK FAX (319) 338 -7378 ALISON WERNER SMITH vA Av.hhbmlaW.00m September 17, 2014 Ms. Mary Gravitt 2714 Wayne Avenue #6 Iowa City, Iowa 52245 Re: City Council Dear Ms. Gravitt: LAURA E. BERGUS ()AVID N. SELMER OF COUNSEL: MARY KATE PILCHER HAYEK DAVID E. BROWN I am writing about the September 16 city council meeting. You are without a doubt the most regular speaker at our meetings, and in fact I worry when you are not in attendance. You comment on numerous topics. Sometimes I agree with you and sometimes I do not, but I always listen attentively to your comments. However, I was saddened by your attack on councilmember Rick Dobyns. It is one thing to criticize a city official. It is another to attack him personally, and that is what you did to Dr. Dobyns. He is a decent man who gives of his time to serve our community. He has a legitimate concern (frankly one that I share) about how we budget for senior - related services. Ms. Gravitt, I have considerable respect for you, something I cannot say about all community members who'speak at council meetings. But your comments on September 16 were unfair and crossed the line of basic decency. Sincerely, Matthew J. Hayek MJH:ms 'Ier � �I1Ri QI2ff3 *k L- 819 Hudson Ave. This property is owner occupied — I have called in complaints on it many times as a hoarder lives here and it is always a mess. mess - I complain about it all the time. �w» ., ! ��/ . ©®w� e « � . , .., § ^\2 »�C! � :��© « © »� � \ « .. � � � /��� ^« \ <���) 2 :, \� - ..�� �` � ? \\ r.� � x � :. . :y .� \« . 9 « � .% s: �� /y. � . �� %\`� � �� \ \xa� � � ` \� � \� \� ^� � \ \ . . 2\ ».< ` v:v » ...� \ ; ? <�<� > 2 2 «� f \ w � \ �� � z -� \ . __�� \ \, � 2/. s y 1 JJII'"' f F l i 0 4, sr x' r , ... ,.'ice.. �tia .: .� �`: �, •�a.�' , , +p ��° 4,4,7 ' -y' This is a'rental — it always lookfi well maintained. 915 Hudson 10 -7 -14 921 Hudson — Owner Occupied Before 402 Benton Street After 402 Benton Street R= f W x } J-s etc . If} M d - r 1 yi y Y Vr "���,+y` �, may.+ a �'F �• / 1 922 Hudson Y C Before 525 Benton Street After 525 Benton Street 1102 Hollywood Blvd. 15 Townhouse Style Apartments Pugh =HaganPLC ATTORNEYS & COUNSELORS October 2, 2014 �ex� VIA E -MAIL AND U.S. MAIL Ms. Marian Karr City Clerk 410 E Washington Street Iowa City, Iowa 52240 RE: St. Mary's Roman Catholic Church Appeal of Denial of Certificate of Appropriateness Dear Marian: 6 1100 SIXTH STREET SUITE 102 CORALVILLE, IOWA 52241 PHONE 319 - 351 -2028 FAX 319 - 351 -1102 PUGHHAGAN.COM MPUGH @PUGHHAGAN.COM I am in receipt of Bob Miklo's letter of September 10, 2014 scheduling the public hearing for St. Mary's appeal for the Council's October 7th meeting. Bob's letter is enclosed herewith for your quick reference. St. Mary's is relying upon the volunteer efforts of its parishioners to provide assistance with this appeal. Due to several scheduling conflicts, the earliest available date for St. Mary's appeal would be the Council's November 18th meeting. As such, St. Mary's respectfully requests a deferral of the appeal from the Council's October 7th meeting. Thank you for your time and consideration. MJP /dab cc: St. Mary's Roman Catholic Church Mr. Bob Miklo Ms. Eleanor Dilkes {00023769} Sincerely, PUG HAGAN PLC Michael J. Pugh September 10, 2014 Michael Pugh 1100 Sixth Street Suite 102 Coralville, IA 52241 Re: Appeal of Denial of Certificate of Appmpdatness Dear Mike: CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 5 22 40 -1 826 (3 19) 3S64000 (319) 356 -5009 FAX www.lcgov.org We have received the appeal to the City Council of the Historic Preservation Commission's denial of a Certificate of Appropriateness for window replacement at 220 E. Jefferson Street. The Council will hold a public hearing on the appeal at its October 7 meeting. The meeting will be held in Emma Harvat Hall, City Hall, 410 E. Washington Street beginning at 7:00 pm. Let me know if you have any questions prior to the meeting. Sincerely, Bob Miklo Cc: St. Mary's Catholic Church Jon Oseroff, JM Construction, Inc.