HomeMy WebLinkAbout2020-03-24 ResolutionWendv Maver
From: Erin <erin.mcmeen@gmail.com> Late, Handouts Distributed
Sent: Monday, March 23, 2020 3:48 PM
To: Wendy Mayer
Subject: TCB Class C Liquor License Application / City Council Agenda
(Date)
Hi Wendy,
We are going to postpone the purchase of TCB with consideration to the current pandemic. If you could please table our
city council approval for the time being that would be greatly appreciated. We are in negotiations with the current
owners for a new closing date, but we are likely looking a few months out. If you are able to file the current application
for a future date, that would be ideal. Otherwise I will complete a new application when we have settled on a new
closing date.
Thank you again for all of your guidance with this process. Stay safe, and hopefully you will hear from me soon!
Erin McMeen
(612) 518-9483
This email is from an external source.
Item Number: 5.c.
CITY OF IOWA CITY
www.icgov.org
March 24, 2020
Resolution to issue Cigarette Permits to the following:
1. Wise Food LLC., dba City Liquor, 425 S. Gilbert St.
2. GB license, LLC, dba goPuff, 1907 Stevens Dr.
ATTACHMENTS:
Description
Cigarette Resolution
Prepared by: City Clerk's Office, 410 E. Washington St., Iowa City, 14 52240 (319) 3565043
Resolution Number: 20-64
Resolution to Issue Cigarette Permits
Whereas, the following firms and persons have made an application and paid the taxes
required by law for the sale of cigarettes, tobacco, nicotine and vapor products.
Now, Therefore, be it Resolved by The City Council of Iowa City, Iowa, That: the
applications be granted and the City Clerk is hereby directed to issue a permit to the
following named persons and firms to sell cigarettes, tobacco, nicotine and vapor
products:
City Liquor - 425 S. Gilbert St.
goPuff - 1907 Stevens Dr.
Passed and approved this 24th day of march 12020
M r
A A �j pproved by
Attorney's Office
It was moved by Taylor and seconded by Mims
Resolution be adopted, and upon roll call there were:
Ayes:
x
X
X
X
X
X
Nays:
Absent:
Bergus
Mims
Salih
Taylor
Teague
Thomas
Weiner
5•G
Item Number: 6.c.
CITY OF IOWA CITY
`���� COUNCIL ACTION REPORT
March 24, 2020
Motion to approve a tentative agreement between the City of Iowa City and
the Police Labor Relations Organization of Iowa City.
Prepared By: Karen Jennings, Human Resources Administrator
Reviewed By: Ashley Monroe, Assistant City Manager
Geoff Fruin, City Manager
Fiscal Impact: Wage and insurance terms are expected to fall within future budget
parameters
Recommendations: Staff: Approval
Commission:
Attachments: Tentative agreement
Executive Summary:
The current Police Union collective bargaining agreement expires June 30, 2020. The City
participated in collective bargaining with the Police Union in accordance with Chapter 20 of the
Iowa Code. After exchanging initial proposals on December 3, 2019 and December 17, 2019
the parties participated in bargaining sessions on January 13, 2020 and February 4, 2020,
reaching a tentative agreement on February 4, 2020.
Background /Analysis:
The Police Union agreement was voluntarily settled for a term of five years. Negotiated wage
adjustments provide for a 2% across the board increase (ATB) in July 2020, 2% ATB in January
2021, 3% in July 2021, 3.5% in July 2022, 3% in July 2023, and 3.5% in July 2024 and a
provision allowing the Chief to hire certified officers up to and including step 3 of the wage scale.
The insurance terms maintain the plan design in FY21 and then provide for increased deductibles
and out of pocket maximums in both FY22 and FY23. Employee premium contribution will be
10% of the premium for coverage selected for FY21-FY22, 11 % of premium for FY23-FY24, and
12% of premium selected for FY25.
The agreement establishes a sick leave conversion option starting in FY22 permitting employees
with an accrued sick leave balance of at least 1000 hours to convert up to 500 hours of sick leave
to pay at the rate of 4 hours leave to 1 hour pay. It also allows conversion of excess balance over
1000 hours (not to exceed 440 hours) at a rate of 4 hours leave to 1 hour pay upon retirement.
The tentative agreement is attached and includes implementation of the City's Family and
Parental Leave policy for police bargaining unit members in addition to modification of the contract
provisions related to uniforms, scheduling of over time, accrual of comp time for contracted event
over time assignments, monthly target ammunition allotments, and the inclusion of current side
letters as contract exhibits.
ATTACHMENTS:
Description
Tentative agreement
TENTATIVE AGREEMENT
CITY OF IOWA CITY, IOWA
AND
THE POLICE LABOR RELATIONS ORGANIZATION
For the Period
July 1, 2020 through June 30, 2025
Submitted February 4, 2020
The parties agree to recommend the following contract modifications to the Union membership
and City Council for ratification.
City Proposal:
1) Article XVIII (Insurance)
The City proposes to modify Section 1, Medical Insurance, and the corresponding
attachments to the contract as follows:
a) Plan Design:
Fiscal Year 2021 (status quo)
Deductibles -- $700 Single/$950 Family
OPM -- $1200 Single/$2000 Family
Fiscal Year 2022
Deductibles -- $750 Single/$1200 Family
OPM -- $1250 Single/$2250 Family
Fiscal Year 2023
Deductibles -- $800 Single/$1600 Family
OPM -- $1300 Single/$2600 Family
Fiscal Year 2024-2025 —No Changes
b) Contribution Rates:
Fiscal Year 2021 --Employees shall pay 10% of the premium of the coverage selected
Fiscal Year 2022 --Employees shall pay 10% of the premium of the coverage selected
Fiscal Year 2023 --Employees shall pay l l % of the premium of the coverage selected
Fiscal Year 2024 --Employees shall pay 11 % of the premium of the coverage selected
Fiscal Year 2025 --Employees shall pay 12% of the premium of the coverage selected
2) Article XXVIII (Compensation)
a) The City proposes to modify Section 2 to reflect a 2.0% ATB effective July 1, 2020; a
2.0% ATB effective January 1, 2021; a 3.0% ATB effective July 1, 2021, a 3.5%
ATB effective July 1, 2022; a 3.0% ATB effective July 1, 2023; and a 3.5% ATB
effective July 1, 2024.
b) The City proposes to modify Section 2 to reflect that the Chief may offer employment
to a certified officer up to and including Step 3. An employee hired above the Entry
Step shall not move to the next step until such time as he/she has fulfilled the years of
service for that step. As an example, an employee hired at Step 3 shall serve 36
months in that step before moving to Step 4.
3) All current side letters will be added and maintained as exhibits at the end of the
collective bargaining agreement.
4) Article XII (Sick Leave)
Include the following language in this Article: Effective July 1, 2021, an employee with
sick leave accrued in excess of and including 1000 hours may elect to convert up to 500
hours of sick leave to pay at the rate of 4 hours of sick leave to 1 hour of pay. If an
employee elects to participate in this program, he/she must submit in writing to Human
Resources the intent to convert to sick leave to pay by June I", and the payment shall be
made in the last payroll of the fiscal year.
In addition to the above, if an employee elects to enter into a bona -fide retirement, the
employee may convert any additional sick leave over 1000 hours (not to exceed 440
hours) at the rate of 4 hours of sick leave to 1 hour of pay. The employee must elect in
writing to take advantage of this program and the payment shall be made on the date of
their final paycheck. As an example, if an employee retires with 1250 hours of sick leave
accrued, the employee will be eligible to receive 187.50 hours of pay.
5) Article XXII (Uniforms)
Item C. — Modify this provision to reflect the following:
a) Two (2) winter and three (3) summer shirts
b) Three (3) pairs of regulation trousers or cargo pocket trousers
c) One bullet -resistant outer vest carrier and necessary equipment attachments
6) Article IX (Overtime — Standby)
Modify Section 4 by replacing the current language with:
a) "Scheduled overtime shall be assigned to officers considering seniority, the type of
work required, the ability of the individual officer and his/her desire to perform the
overtime service."
b) "Occasions involving unexpected/non-scheduled overtime, the on -duty supervisor is
required to follow these steps to fill the unexpected/non-scheduled overtime:
1. On -duty personnel according to seniority.
2. Call-in based on incoming/outgoing watch personnel according to seniority.
3. If Step 1 and step 2 are exhausted, the on -duty supervisor may call an officer on
his/her day off to cover the unexpected/non-scheduled overtime. Officer on
accrued leave or pre -scheduled vacationlcom time may not be forced in to cover
unexpected/non-scheduled overtime except by order of the Chief of Police or
designee.
c) "Contracted events" are instances where the Iowa City Police Department is called
upon to provide public safety for events where the costs are reimbursed to the City.
The Chief or designee shall provide as much advanced notice as practical via City
email to officers stating what the event is and the number of officers needed. If the
need for officers is not achieved by volunteering officers, the language of Article IX,
Section 4, subsection b of this contract shall be used to determine coverage. If an
officer is forced under the contract language, that officer shall be permitted to convert
the overtime paid for contract services to accumulated overtime (comp time)
according to the language in Section 7 (Accumulated Overtime).
d) Subsection "b" of the current contract will become subsection "d".
7) Article XX
Add a new Section 3 that state:
"In lieu of the fifty (50) pistol rounds of target ammunition issued monthly, the City
shall, upon request, provide forty (40) rifle rounds of target ammunition monthly for each
officer designated as a Patrol Rifle Operator (PRO). The Chief of Police shall prescribe
the use to be made of such ammunition."
8) Family and Parental Leave: Bargaining unit members are eligible for paid leave benefits
established by the City's Family and Parental Leave Policy. For the purpose of
administering the provisions of this policy including leave and benefit amounts,
limitations, and use of other leaves, a week will be defined as forty (40) hours.
9) All applicable provision of the contract should be modified to reflect a five (5) year
agreement commencing July 1, 2020.
Item Number: 6.d.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
March 24, 2020
Resolution approving Amendment #2 to an Agreement for Private
Development between the City of Iowa City, Hieronymus Square Developers,
L.L.C., Iowa City ES Hotel, L.L.C., and HS3 L 4, L.L.C.
Prepared By: Wendy Ford, Economic Development Coordinator
Reviewed By: Geoff Fruin, City Manager
Fiscal Impact: None
Recommendations: Staff: Approval
Commission: N/A
Attachments: Amendment #2
Resolution
Executive Summary:
The Developer has requested an amendment to modify the finishing requirements for certain
hotel units.
Originally, the agreement called for two -burner cook -tops and dishwashers in all 90 of the
extended stay hotel rooms. After the development agreement was executed, and before finalizing
design development, the Element Hotel brand introduced a new room -type concept designed for
four King Rooms to share one common living and kitchen area. Incorporating this room -type also
required other room layout changes to the plan. Developers were focused on the commitment to
90 rooms, but the new room types, per the Element brand standard, were not required to and did
not include cook -tops and dishwashers. Developers did not realize they would fall short of the
originally committed number of cook -tops and dishwashers until the project was complete. Of the
90 rooms, about 35 do not have the originally required dishwashers and cook -tops.
This amendment would reduce the requirement that all 90 rooms have cook -tops and dishwashers
to require that at least half of the hotel units have a full compact kitchen including a two -burner
stove, refrigerator, dishwasher and microwave and that remaining units shall have a kitchenette in
accordance with Element brand standards.
In their request for an amendment, the developer noted they have exceeded Element brand
standards in other areas -- by expanding the fitness center and fitness equipment within, by
installation 55" televisions rather than the 46" required, and by upgrading the outdoor patio area.
Additionally, the hotel is progressing toward the required Gold Standard Green Seal operation, a
hotel industry sustainability certification.
Background /Analysis:
ATTACHMENTS:
Description
Developer's Request letter
Amendment #2
resolution
KIN SETH
HOSPITALITY COMPANIES
2/11/2020
Geoff Fruin
City Manager -Iowa City
City Council of Iowa City
Dear Geoff and City Council,
The purpose of this letter is to provide a request and explanation for an amendment on
our Hieronymus Square development agreement that includes the Element Hotel Iowa
City that is about to open in late February of 2020.
As you may know we have a development agreement as part of the overall Hieronymus
Square development to provide a 90 -room extended stay hotel branded by Element. We
have done so in accordance with all the requirements except that about 35 of our rooms
do not have dishwasher and stove top burners in the rooms as listed among many other
requirements in the development agreement.
The reason for this is that as we developed and designed the hotel the Element brand
issued a new prototype with standard for new layouts of rooms and a new type of master
suite configuration where 4 kings room share a master kitchen. All of this caused our
architect to amend the layouts of the hotel and to do the best they could with our footprint.
The biggest priority of course was to keep our room count at 90 rooms. Asa result, room
types were added called king studio rooms and king common rooms that have a brand
standard for a kitchenette with sink and refrigerator, microwave and cupboards but do not
have the dishwasher or burners. We believe this to be a very minor difference in the
scheme of things as we are delivering a 1 sl class upscale extended stay hotel that includes
other upgrades that include:
• Expanded fitness center with extra fitness equipment
• 55' tv's (rather than 46' required)
• Fully green 100% recyclable/reusable - certified to gold standard by Green
Seal
• Expansive and upgraded Outdoor area with firepits grills
As a result, we'd request an amendment to our development agreement taking out the
requirement for dishwasher and stove top burners in every room to be amended to be
required 50% the rooms.
We look forward to touring you all around the hotel soon as I'm sure upon seeing the
product you will be very impressed and delighted with the result. We are proud to deliver
to you Iowa City's first Marriott product and upscale extended stay hotel.
Sincerely,
(Ben Xinseth
Ben Kinseth
Kinseth Hospitality
Hieronymus Square Developers
Kinseth Hospitality Companies
2 Quail Creek Circle
North Liberty, IA 52317
(319) 626-5600
(319) 626-8350 fax
March 6, 2020
VIA HAND DELIVERY
Kevin Digmann
711 S. Gilbert Street
Iowa City, IA 52240
, i1a ewo,
IN E SO-,--,
ATTORNI YS AT.LAkV • ESTABLISHED1854
---.........................................................................—........ _................... _._ ._...... ...... .._._ __.......__.�._.._.
RECEIVE -D BY
MAR 112020
CITY ATTopiNlE 'S OMCE
Re: Hieronymus Square Developers – 2nd Amendment to Agreement for Private
Redevelopment
Dear Kevin:
I am enclosing for you Amendment No. 2 to the Agreement for Private Redevelopment
for Hieronymus Square Developers. Sara Hektoen has approved this proposed amendment.
Therefore, I need you and Ben to sign each place where indicated. Then, please return the fully
executed copy of the agreement to me get it to Sara Hektoen for the City's execution.
If you have any questions about this, please do not hesitate to give me a call. Otherwise, I
look forward to receiving the executed amendment back from you.
Very truly yours,
Kirsten H. Frey
khf@shuttleworthlaw.com
KI -IF, jlj
Enclosure
Shuttleworth & Ingersoll, P.L.C. Phone: 319.365.9461 Cedar Rapids Office Coralville Office
PO Box 2tO7 lax: 319.365.8 443 115 3rd St. SE, Suite 500 327 2nd St., Suite 300
Cedar Rapids, 1A 52406-2107 shuttleworthlaw.coin Cedar Rapids, L1 52401 Corahrille, Ll 52241
Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248
Resolution: 20-65
Resolution approving Amendment #2 to an Agreement for Private Development between the
City of Iowa City, Hieronymus Square Developers, L.L.C., Iowa City ES Hotel, L.L.C., and HS3
L 4, L.L.C.
Whereas, the City and Developer entered into that certain Agreement for Private Development,
dated September 19, 2017; and
Whereas, the Agreement, as amended to date, included the terms by which the Owner and
Developers agreed to construct improvements on the Development Property, such improvements
to include an Element hotel and a mixed-use building; and
Whereas, Exhibit 8 to the Agreement includes a requirement that "each hotel unit shall each have a
full compact kitchen, including a two -burner stove, refrigerator, dishwasher and microwave"; and
Whereas, since the negotiation and execution of the Agreement, the Element hotel has changed its
room and room layout configurations by offering both king common rooms and king studio rooms;
and
Whereas, under the revised room configurations the number of cooktops and dishwashers is fewer;
and
Whereas, amenities provided by the hotel satisfy the desired amenities sought,
Now, therefore, be it resolved by the city council of the City of Iowa City, Iowa, that:
1. Amendment #2 to the Agreement for Private Redevelopment by and between the City of Iowa
City Iowa and Hieronymus Square Developers, L.L.C., Iowa City ES Hotel, L.L.C., and HS3 L 4,
L.L.C. is in the public interest of the residents of Iowa City, and
2. That the Mayor is authorized to execute Amendment #2 and the City Clerk is authorized to attest
the signature and to affix the seal of the City Clerk.
Passed and approved this 24th day of march _,20 20
ATTEST:
CITY CLERK
0
City Attorney's Office
-0
(, A
Resolution No. 20-65
Page 2
It was moved by Taylor and seconded by Mims the
Resolution be adopted, and upon roll call there were:
AYES: NAYS:
ABSENT:
Bergus
Mims
Salih
Taylor
Teague
Thomas
Weiner
AMENDMENT NO.2 TO THE
AGREEMENT FOR PRIVATE REDEVELOPMENT
by and among
The City of Iowa City, Iowa,
Hieronymus Square Developers, L.L.C.
Iowa City ES Hotels, L.L.C.
and
HS314, L.L.C.
SECOND AMENDMENT
TO AGREEMENT FOR PRIVATE DEVELOPMENT
THIS SECOND AMENDMENT TO THE AGREEMENT FOR PRIVATE
DEVELOPMENT (the "Amendment") is entered into as of March 6, 2020, by and between
The City of Iowa City, Iowa, a municipality, established pursuant to the Code of Iowa of the
State Iowa (hereinafter "City"); Hieronymus Square Developers, L.L.C., an Iowa limited liability
company; Iowa City ES Hotel, L.L.C., an Iowa limited liability company; and HS314, L.L.C., an
Iowa limited liability company (hereinafter, collectively "Developer").
RECITALS:
WHEREAS, the City and Developer entered into that certain Agreement For
Private Development, dated September 19, 2017 (the "Agreement');
WHEREAS, the Agreement has previously been amended to correct an error in
the legal description and in the internal cross-references to two exhibits attached to the
Agreement; and
WHEREAS, the Agreement, as amended to date, included the terms by which the
Owner and Developers agreed to construct improvements on the Development Property, such
improvements to include an Element hotel and a mixed use building; and
WHEREAS, Exhibit B to the Agreement includes a requirement that "each hotel
unit shall each have a full compact kitchen, including a two -burner stove, refrigerator,
dishwasher and microwave"; and
WHEREAS, since the negotiation and execution of the Agreement, the Element
hotel has changed its prototype configuration and layout for rooms by offering both king
common rooms and king studio rooms; and
WHEREAS, under the revised Element branding requirements, four king
common rooms share a master kitchen, while king studio rooms contain a kitchenette that
includes a sink, refrigerator, and microwave but does not contain a dishwasher or stove -top
burners; and
WHEREAS, to retain the required number of rooms within the hotel, some king
studio rooms were constructed; and
WHEREAS, in light of the changes to the layout of the hotel rooms, the parties
desire to amend the Agreement as more particularly provided herein.
NOW, THEREFORE, in exchange for good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, the City and Developer agree as
follows:
NO
AGREEMENT
1. Recitals. The above Recitals are hereby incorporated by reference. In the
event of any conflicts or inconsistencies between the tenns of this Amendment and the
Agreement, the terms and provisions of this Agreement shall govern and control to the extent of
such conflicts or inconsistencies. Capitalized terms used herein but not otherwise defined shall
have the meaning ascribed to them in the Agreement.
2. The penultimate sentence of the second paragraph of Exhibit B, Minimum
Improvements, is hereby amended to read as follows:
"At least fifty percent (50%) of the hotel units shall have a full compact kitchen,
including a two -burner stove, refrigerator, dishwasher and microwave and the
remaining units shall have a kitchenette in accordance with Element -brand
standards."
3. The Agreement, as modified by this Amendment, represents the complete
and final agreement of the City and Developer concerning the matters addressed, and supersedes
any prior agreements, promises, representations or understandings concerning those matters
whether written or oral. All terms and conditions of the Agreement not modified by this
Amendment remain in full force and effect.
4. This Amendment shall be binding upon and shall inure to the benefit of
any and all executors, administrators, personal representatives, heirs, assigns, and other
successors in interest of each party.
[Signatures on Following Page]
IN WITNESS WHEREOF, the undersigned have executed this Amendment as of the 6th
day of March, 2020.
THE CITY OF IOWA CITY
By:
ce Teague, Mayi r
ATTEST:
Approved By
By
Kel eK. Fruehlgt , City Clerk City Attorney's Office
31z /z�
HIERONIMUS SQU DEVELOPERS, L.L.C.
By:
vin Digip nn, Manager
By:
Benjamin Kinseth, Manager
IOWA CITY ES HOTEL, L.L.C.
0
M
HS314, L.L.C.
By:
Kev' igmann, ager
By: L/
Benjamin Kinseth, Manager
STATE OF IOWA )
)SS
COUNTY OF JOHNSON )
On thisag!� day of 2020, before me a Notary Public in and for said
County, personally appeared Bruce Teague and Kellie K. Fruehling, to me personally known,
who being duly swom, did say they are the Mayor and City Clerk, respectively, of the City of
Iowa City, Iowa, a Municipal Corporation, created and existing under the laws of the State of
Iowa, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed
of said Municipal Corporation by them MItarily executpil
CHRISTINE OLNEY
Commies on Number 806232, Notary Public in and f the State of Iowa
* My Commissiioor expires
SA OF OWA )
)SS
COUNTY OF JOHNSON )
On this 16_ day of March, 2020, before me a Notary Public in and for said County,
personally appeared Kevin Digmann, as Manager of HIERONYMUS SQUARE DEVELOPERS,
:, DENISE ROHM
F Coym�mission Number 726698
448
Notary Public in and for the State of Iowa
STATE OF IOWA )
)SS
COUNTY OF JOHNSON )
On this �L day of March, 2020 before me a Notary Public in and for said County,
personally appeared Benjamin Kinseth, as Manager of HIERONYMUS SQUARE
VELOPERS L.L.C.
DENISE ROHM
L Co1mneWon Number 7266% (�
MyCamYwlonF�Ws —1 1L�r�a� ��r►�•
F�br: 2, 2022 Notary Public in and for the State of Iowa
STATE OF IOWA )
)SS
COUNTY OF JOHNSON )
On this 11 day of March, 2020, before me a Notary Public in and for said County,
personally appeared Kevin Digmann, as Manager of IOWA CITY ES HOTEL, L.L.C.
������
wim
MNotary Public inand for the State of Iowa
268Nw2
STATE OF IOWA )
)SS
COUNTY OF JOHNSON )
On this Jb day of March 2020, before me a Notary Public in and for said County,
personally appeared Benjamin Kinseth, as Manager of IOWA CITY ES HOTEL, L.L.C.
L*"-r
DENISE ROHMCommission Number726698My Commission E)VYea
February 2, 2022
STATE OF IOWA )
)SS
COUNTY OF JOHNSON )
j /taniIJ-0� 2A4�-
1lotary Public in and for the State of Iowa
On this _LCL day of March 2020, before me a Notary Public in and for said County,
personally appeared Kevin Digmann, as Manager of HS314, L.L.C.
ee.. DENISE ROHM
>FCommission Number 726698
My Commission Expires
February 2, 2022
STATE OF IOWA )
)SS
COUNTY OF JOHNSON )
ia6g�wG' R ALw
Notary Public in and for the State of Iowa
On this _10_ day of March 2020, before me a Notary Public in and for said County,
personally appeared Benjamin Kinseth, as Manager of HS314, L.L.C.
10
DENISE ROHM NAN
o y Public in and for the State of Iowa
Commission Number 726698
MyCo rmussion20�22 m
a
Item Number: 6.e.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
March 24, 2020
Resolution to remove Board Member Samuel Conaway from the Community
Police Review Board.
Prepared By:
Kellie Fruehling, City Clerk
Reviewed By:
Sue Dulek, Assistant City Attorney
Ashley Monroe, Assistant City Manager
Fiscal Impact:
No impact.
Recommendations: Staff:
Commission: CPRB recommended approval
Attachments:
Email from Board staff Olney - January 13, 2020
Email from Board staff Olney- January 17, 2020
Email from Board Chair Galpin - January 29, 2020
Letter from Board Chair Galpin regarding removal - March 11, 2020
Resolution
Executive Summary:
State law requires that removal of a person appointed by the Council to a city office must be by written
order detailing the reasons for the removal and the appointee must be given notice of the removal and
the opportunity to be heard at a public hearing.
Background /Analysis:
On 5/21/2019 City Council appointed Samuel Conaway to the Community Police Review Board
for a unexpired term ending June 30, 2023. Mr. Conaway did attend four Board meetings after his
appointment was made. Mr. Conaway notified the Board in October that he would be out of the
country in November and would not be able to attend the meeting. Mr. Conaway has not attended
a meeting since the October 8th meeting. Since then numerous attempts to contact Mr. Conaway,
including those by the Chair of the Commission, have been unsuccessful. The By-laws allow the
Board to have 5 members. The lack of a full Commission makes Complaint review process and
Board business difficult to conduct.
ATTACHMENTS:
Description
Email from Board staff Olney - January 13, 2020
Email from Board staff Olney - January 17, 2020
Email from Board Chair Galpin - January 29, 2020
Letter from Board Chair regarding removal - March 11, 2020
resolution
Chris Olney
From: Chris Olney
Sent: Monday, January 13, 2020 4:52 PM
To: saconaway4@gmail.com-
Subject: CPRB meeting 1-14-20
Sam,
Good afternoon! Can you please respond and let me know if you will be attending the CPRB meeting tomorrow night?
Thanks,
Chris Olney
Administrative Secretary I City of Iowa City
319-356-5043
410 E Washington St I Iowa City, IA
www.icgov.org
Chris Olney
From: Chris Olney
Sent: Friday, January 17, 2020 9:33 AM
To: saconaway4@gmail.com
Cc: Monique Galpin - CPRB (monique-galpin@uiowa.edu)
Subject: CPRB
Sam,
Good morning,
I hope all is well with you. I am concerned that I have not heard back from you. I had sent an email last week and left a
voice message yesterday asking you to
contact me regarding your unexcused absences.
As you know the CPRB is a five member board and unexplained absences of one member can be problematic. If you no
longer wish to serve on the board, I ask that you
submit your resignation in writing to make it official. An e-mail will work or you could mail a letter to: City Clerk's Office
Attn Chris Olney 410 E. Washington
If you do plan to remain as an active member, disregard all the above but I would appreciate a response one way or the
other.
Regards,
Chris Olney
Administrative Secretary I City of Iowa City
319-356-5043
410 E Washington St I Iowa City, IA
www.icciov.org
1
Chris Olney
From: Galpin, Monique A <monique-galpin@uiowa.edu>
Sent: Wednesday, January 29, 2020 3:38 PM
To: saconaway4@gmail.com
Cc: Conaway, Samuel; Chris Olney
Subject: CPRB Participation
fi
RISK
Hello Sam,
I hope all is well! I wanted to reach out to touch base about your participation on the Iowa City Community Police
Review Board. It looks like you were unable to attend the last two meetings. I know that winter meetings can be
challenging due to travel. Hopefully you can return in February. Please let us know by February V if you would like to
continue. If not, we would need a written email or letter of resignation per our current bylaws:
Section 4. Absences. The Board may recommend to the City Council that the City Council discharge any Board member
who: (1) is absent from two consecutive regular or special meetings without excuse as determined by the Board on a case
by case basis; or (2) is absent from four consecutive regular or special meetings, whether excused or unexcused; or (3) is
absent from at least four out of six consecutive regular or special meetings, whether excused or unexcused.
Either way, please keep us posted.
Thanks in advance,
Monique A. Galpin (she/her/hers)
Chair, Iowa City Community Police Review Board
Administrative Services Coordinator
Summer Health Professions Education Program (SHPEP) & Community Outreach
Office of Diversity, Equity, and Inclusion at Carver College of Medicine
Immediate Past President, UI African American Council
451 Newton Road, 200 CMAB
Iowa City, IA 52242
319-353-4490
https://www.facebook.com/shpepiowa
https:Hmedicine.uiowa.edu/shpep/
Late Handouts Distributed —t� ( 'e'
I' �N1VERST�I-Yp v IOWiA� HOSPl rAls &CL11V 1CS (nate)University of Iowa Hospitals and Clinics
University of Iowa Health Care Chemical Dependency Services
200 Hawkins Drive, 5 Boyd Tower
Iowa City, IA 52242
319-384-8765 Tel
319-384-9362 Fax
www.uihealthcare.com
To whom it may concern,
I Samuel A. Conaway will be resigning from the Community Police Review Board. My work
schedule at the University of Iowa: Hospitals and Clinics has changed. At this junction I am
unable to continue my commitment to the Community Police Review Board with the City of
Iowa City.
Please contact me with any questions or concerns.
Sincerely,
Samuel A. Conaway
Sam Conaway, BSW
Behavioral Health Consultant, Co -MAT -IA
Work Cell: 319-359-9072; Pager 9114
Social Worker II, Crisis Stabilization Unit, CSU
Department of Psychiatry
University of Iowa Health Care
Samuel-conawav@uiowa.edu
COMMUNITY POLICE REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City IA 52240-1826
(319)356-5043
March 11, 2020
Samuel Conaway
2643 Westwinds Dr Apt. #4
Iowa City, IA 52246
Dear Samuel,
At the Community Police Review Board meeting of March 10, 2020, a motion passed
unanimously to recommend to Council your removal from the CPRB Board due to excessive
absences pursuant to Article III of the CPRB by-laws.
On the City Council's March 24 agenda there will be a resolution discharging you from the
CPRB. If the Council passes that resolution, in accordance with State law, you may request a
hearing on the removal within 30 days.
in the event you wish to resign, the above-mentioned steps will (lot be on the March 24
agenda, but rather an announcement of vacancy would appear based on receipt of your
resignation. If you would like to resign, the City Clerk's office should receive your letter of
resignation either by e-mail or postal mail prior to March 18 in order to avoid placement of the
resolution on the agenda.
Please contact the City Clerk's office, 356-5043, with any questions you may have.
Sincerely,
21
Monique�Dpin. air
Community Police Review Board
Removed from Consent calendar - See correspondence �,b
Prepared by: Kellie Fruehling, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041
Resolution No.
Resolution to remove Board Member Samuel Conaway from the
Community Police Review Board.
Whereas, on February 14, 2017, the Community Police Review Board (CPRB) recommended
adoption of by-laws stating in Article III, Membership, Section 4, Absences, 'The Board may
recommend to the City Council that the City Council discharge any Board member who: (1) is
absent from two consecutive regular or special meetings without excuse as determined by the
Board on a case by case basis; or (2) is absent from four consecutive regular or special meetings,
whether excused or unexcused; or (3) is absent from at least four out of six consecutive regular
or special meetings, whether excused or unexcused"; and
Whereas, the Iowa City City Council approved the Community Police Review Board by-laws on
April 4, 2017; and
Whereas, Samuel Conaway was appointed to the Community Police Review Board on May 21,
2019 and did miss four consecutive regular scheduled meetings on November 14, 2019,
December 10, 2019, January 14, 2020 and February 11, 2020.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that:
1. Pursuant to current CPRB by-laws, Samuel Conaway is removed from the Community Police
Review Board as provided herein.
2. The City Clerk is directed to mail a copy of this resolution to Samuel Conaway by certified mail.
3. Samuel Conaway, upon written request filed with the City Clerk within thirty (30) days of the
date of mailing of a copy of this resolution, shall be granted a public hearing before the Council
on all issues connected with his renewal. The hearing shall be held within thirty (30) days of
the date the request is filed, unless Mr. Conaway reasonably requests a later date. Following
the public hearing, the Council will either confirm its earlier decision of removal or reinstate
Mr. Conaway to the CPRB.
4. If no hearing is requested by Mr. Conaway, removal shall be effective 30 days after the date
on which a copy of the resolution is mailed to Mr. Conaway. If a hearing is requested Mr.
Conaway shall remain on the Community Police Review Board pending final resolution by
City Council.
Passed and approved this day of 2020.
�C..e
OR
ATTEST:
CITY CLERK Approved By:
City Attorney's Office
Item Number: 6.f.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
March 24, 2020
Resolution Amending FY2020 Inter -fund Transfers.
Prepared By: Jacklyn Fleagle, Budget & Compliance Officer
Reviewed By: Dennis Bockenstedt, Finance Director
Ashley Monroe, Assistant City Manager
Fiscal Impact: Noted on attached schedule
Recommendations: Staff: Approval
Commission: N/A
Attachments: Resolution
Executive Summary:
The Iowa Department of Management adopted new administrative rules regarding the handling of
inter -fund transfers. All inter -fund transfers are now required to be adopted by resolution by the
City Council. This resolution amends the fiscal year 2020 inter -fund transfer schedule with the
changes that were made during the budget process and are included in the fiscal year 2020
budget amendment.
Background /Analysis:
In April 2019, the Iowa Administrative Code incorporated new regulations surrounding the
management of inter -fund transfers. In addition to being adopted as part of the budget, which is
subject to a public hearing, inter -fund transfers are now required to be approved by the City
Council by resolution. Each transfer must include the fund sending the transfer, the fund receiving
the transfer, the amount of the transfer, and the reason for the transfer. These new rules took
effect in May 2019.
The attached resolution identifies each proposed inter -fund transfer for FY2020 and approval will
allow these funds to be transferred.
ATTACHMENTS:
Description
Resolution
('.J�
Prepared by: Jack" Fleagle, Budget 8 Compliance Officer, 410 E. WashYpion Sl., lewe Clly. N 52240, (319)3565063
Resolution No. 20-66
Resolution Amending FY202O Inter -fund Transfers
Now therefore, be 8 resolved by the City Council of the City of Iowa City, Iowa that the City of Iowa City, in Johnson County,
Iowa. approves the following transfer of monies between funds in acco dame with the AdministratNe Code of the State of Iowa.
The City Finance Director is hereby authorized to inflate and record the listed Inter -fund transfers up to Me amounts set out below.
Transfer Out
Transfer In
Original
Amended
Fund
Fund
Reason
Amount
Amount
General Fund
Cable TV Equipment Reserve
Equipment Reserve
$10,000.00
$10,000.00
Geneml Fund
Emergency Reserve
Reserve Transfer
$0.00
$500,010.00
General Fund
Facility Reserve
Reserve Transfer
$0.00
$2,000,000.00
General Fund
Wastewater Fund
Low Income Discount Donations
$1,000.00
$3,000.00
General Fund
Water Fund
Low Income Discount Donations
$1.000.00
$3,000.00
General Fund
Refuse Collection Fund
Low Income Discount Donations
$2,000.00
$8,000.00
General Fund
Storm Water Fund
Low Income Discount Donations
$1,000.00
$3,000.00
General Fund
Capital Pmjecis
CIP funding
$1,689,822.00
$2,044,822.00
General Fund
Airport Fund
CIP funding
$100,000.00
$100,000.00
General Fund
MPOJC Fund
Operating funding
$69,012.00
$69,012.00
General Fund
Affordable Housing Fund
Operating Funding
$1,000,000.00
$1,000,000.00
General Fund
Library Replacement Reserve
Equipment Reserve
$62,422.00
$82,422.00
General Fund
Debt Service Fund
Aniston Village Loan Pmt
$20,052.00
$20,052.00
General Fund
Transit Fund
Transit Levy Transfer
$3,721,479.00
$3,721,479.00
General Fund
TIF Fund
Hilton Garden Inn Rebate Transfer
$107,620.00
$180,000.00
General Fund
Landfill Fund
Loan Repayment
$55,587.00
$77,922.00
General Fund
HOME Fund
Historical Grants
$0.00
$15,000.00
Public An Fund
Capital Projects
CIP funding
$0.00
$73.450.00
CDBG Fund
Capital Projects
CIP funding
$0.00
$39,17200
HOME Fund
Housing Authority Fund
Operating funding
$29,290.00
$93,533.00
Road Use Tax Fund
Cap0e1 Projects
CIP funding
$2.847,000.00
$3,207,360.00
Read Use Tax Fund
Landfill Fund
Loan Repayment
$37,058.00
$51.861.00
Road Use Tax Fund
General Fund
Forestry Cost Share
$82,326.00
$82,326.00
Road Use Tax Fund
MPOJC Fund
Cost share
$283,518.00
$283,518.00
Employee Benefits
General Fund
Employee benefits
$10,924,104.00
$11,487,445.00
Employee Benefits
Road Use Tax Fund
Employee benefits
$464,474.00
$515,321.00
Tax Increment Financing
General Fund
Loan Repayment
$1,166,322.00
$1,166,322.00
Tax Increment Financing
Capital Projects
TIF pre -certification expenditures
$32,479.00
$32,479.00
Tax Increment Finandng
Debt Service
Debt payments
$1,059,868.00
$1,059,868.00
Parking Fund
Landfill Fund
Loan Repayment
$249,736.00
$249,736.00
Parking Fund
Parking Capital Reserve
Reserve Transfer
$0.00
$3,750,000.00
Parlang Fund
Capital Projects
CIP funding
$675,000.00
$0.00
Perking Fund
Parking Debt Service
Lease Payment
$1,021,221.00
$941,821.00
Padang Capital Reserve
Capital Projects
CIP funding
$0.00
$1,225,000.00
Transit Fund
Transit Bus Reserve
Reserve Transfer
$275,000.00
$1,275,000.00
Transit Fund
Capital Projects
CIP funding
$0.00
$200,000.00
Wastewater Fund
Wastewater Debt Reserve
Debt payments
$2,935.300.00
$2,935,300.00
Wastewater Fund
Wastewater Capital Projects
CIP funding
$2,940,000.00
$0.00
Wastewater Fund
Wastewater Captial Reserve
Reserve Transfer
$0.00
$8,600,000.00
Wastewater Capital Reserve
Wastewater Capital Projects
CIP funding
$0.00
$3,060,000.00
Wastewater Capital Projects
Wastewater Fund
Loan Repayment
$1,750,000.00
$1,750,000.00
Water Fund
Water Debt Rosanne
Debt payments
$2,002,728.60
$1,847,217.00
Water Fund
Water Capital Reserve
Reserve Transfer
$0.00
$4,000,000.00
Water Fund
Water Capital Projects
CIP funding
$1,057,350.00
$0.101
Water Capital Reserve
Water Capital Projects
CIP funding
soft)
$1,686.000.00
Landfill Fund
Landfill Reserves
Closund/Replacement funding
$984,603.00
$984,603.00
Landfill Fund
Capital Projects
CIP funding
$1,830,000.00
$1,400,000.00
Landfill Fund
Capital Projects
Interfund Loan
$0.00
$1,000000.00
Airport Fund
Capital Projects
ClPfureirg
$85,025.00
$0.00
Airport Fund
Airport Capital Reserve
Reserve Transfer
$0.00
$114,975.00
Airport Capiml Reserve
Capital Projects
CIP hatching
$0.00
$132,200.00
Storm Water Fund
Storm Water Capital Projects
CIP funding
$990,000.00
$0.00
Storm Water Fund
Storm Water Capital Reserve
Reserve Transfer
60.00
$1,100,000.00
Strom Water Capital Reserve
Storm Water Capital Projects
CIP funding
$0.00
$1,090,000.00
Housing Authority Fund
General Fund
PILOTINDS Director cost share
$49,483.00
$49,483.00
Passed and approved this 24th dil March 2020
Approved
Z . 3-19 -4au
City Clly Atlaneys OMce
Resolution No. 20-66
Page
It was moved by Taylor and seconded by Mims the
Resolution be adopted, and upon roll call there were:
AYES: NAYS:
x
U1634 F
Bergus
Mims
Salih
Taylor
Teague
Thomas
Weiner
Item Number: 6.g.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
March 24, 2020
Resolution authorizing the procurement of professional and technical services for Hickory Hill Park
Natural Areas Management for the City of Iowa City.
Prepared By: Sarah Betlach, Purchasing Agent
Reviewed By: Juli Seydell Johnson, Parks & Recreation Director
Geoff Fruin, City Manager
Fiscal Impact: No impact.
Recommendations: Staff: Approval
Commission:
Attachments: I nternal Approval
Resolution
Executive Summary:
This resolution authorizes the Purchasing Division to procure professional and technical services for
Hickory Hill Park natural areas management. The work will consist of select forest management and
streambank restoration. The project will be paid for with REAP grants from the State.
Background /Analysis:
The City of Iowa City received two (2) Resource and Enhancement and Protection (REAP)
grants totaling $400,000.00 from the Iowa Department of Natural Resources for enhancement of
land for outdoor recreation. One project has been completed that removed woody invasive
species from forested areas; and one project has been completed that enhanced existing prairie
areas. The remainder of the work required under the two grants includes select forest
management and streambank restoration. Given the sensitivity of this work, the City of Iowa City
now desires to procure professional and technical services from a qualified ecological restoration
firm to complete the remainder of this work.
On October 2, 2019, a Request for Proposal for Hickory Hill Park Natural Areas Management for
the City of Iowa City Parks Division was posted to the City of Iowa City's website. Each vendor
was required to submit a proposal no later than 2:30 p.m., October 30, 2019. Vendors were
required to submit four (4) hard copies together with one (1) electronic copy on a flash drive of the
following items: cover letter, project schedule with work plan, references list, Wage Theft Policy
affidavit, contract compliance details and pricing and company information.
The evaluation committee, which consisted of two representatives from the Parks and Recreation
Department and one representative from the Public Works Department, received a proposal from
Applied Ecological Services. The evaluation committee independently evaluated the merit of this
proposal in accordance with the evaluation factors defined in the Request for Proposal.
After a thorough evaluation of the submitted proposal, the evaluation committee recommends
Applied Ecological Services to receive the award for Prairie Establishment for the City of Iowa
City Forestry Division. This proposal includes costs not to exceed a total of $333,000 and will be
distributed between the two grants to complete the reminder of the work in the Resource and
Enhancement and Protection grants. The FY17 grant will receive $133,000 of the funding and the
FY19 grant will receive the remaining $200,000.
This project is budgeted through Hickory Hill Trail Redesign and Development C I P R4224.
ATTACHMENTS:
Description
I nternal RFP Award for 20-72 Hickory Hill
Resolution for 20-72 Hickory Hill
February 26, 2019
Request for Proposal #420-72, Hickory Hill Park Natural Areas Management for the
City of Iowa City Parks Division
Background
On October 2, 2019 a Request for Proposal for Hickory Hill Park Natural Areas Management for the City of Iowa City
Parks Division was posted to the City of Iowa City's website. Vendors were required to submit all questions and
clarifications regarding the Request for Proposal by noon on October 15, 2019. Each vendor was required to submit a
proposal no later than 2:30 p.m., October 30, 2019. In addition, vendors were required to submit four (4) hard copies
together with one (1) electronic copy on a flash drive with the following items:
Section A — Cover Letter
The vendor shall provide a cover letter on corporate letterhead, signed by an authorized representative of the company.
The cover letter must include a brief description of the company and the services provided, past history, present status,
company size and organization. The vendor's name, address, and signature shall be clear and legible.
Section B —Project Schedule and Work Plan
Provide a detailed project schedule and plan addressing the scope of services to be completed and a timeline for project
completion. Include all subcontractors that will be used for this project.
Section C—References
The completed company reference form included in Section Four. The vendor must have a proven history of successfully
providing the specified services. Complete and submit.form that has been provided in Section Four; substitute.forms
will not be accepted
Section D —Wage Theft Policy
After review of Section Five - Wage Theft Policy, the Wage Theft Affidavit must be completed, notarized, and included
in the submitted proposal. The form provided in Section Five must be used; substitute forms will not be accepted.
Section E — PricinQ Requirements and Company Information Sheet
A completed and signed Pricing Requirements and Company Information Sheet. Complete and submit
the form that has been provided in Section Seven; substitute forms will not be accepted.
RFP Evaluation Process
The evaluation committee, which consisted of two representatives from the Parks and Recreation Department and one
representative from the Public Works Department, received a proposal from the following vendors: Applied Ecological
Services. The evaluation committee independently evaluated the merit of proposals received in accordance with the
evaluation factors defined below.
After a thorough evaluation of the submitted proposals, the evaluation committee recommends Applied Ecological
Services to receive the award for Prairie Establishment for the City of Iowa City Forestry Division.
Evaluation Criteria
Assigned
Applied
Points
Ecological
Services
Price for the completion of activities
20
16
Company History, References, Proven Success of
40
38
Contracts with Other Clients and the City, and
Vendor's Qualifications and Capability to Perform the
Work
Project Schedule and Work Plan
40
33
Total Points
100
87
Account Number: Hickory Hill Trail Redesign and Development account #R4224 -Trails -2017-473010 (31530920-
473010)
31530920-
473010) and R4224 -Trails -2019-473010 (3 150920-473010).
The City of Iowa City received two (2) Resource and Enhancement and Protection grants from the Iowa Department of
Natural Resources for enhancement of land for outdoor recreation, One project has been completed that removed woody
Invasive species from forested areas; and one project has been completed that enhanced existing prairie areas, The
remainder of the work required under the two grants includes select forest management and streambank restoration, Given
the sensitivity of this work, the City of Iowa' City now desires to procure professional and technical services from a
qualified ecological restoration firm to complete the remainder of this work,
Con Amount: $333,000 (reminder of REAP 2017 and REAP 20I9)
Recommended 'Meader: Applied Ecological Services
City Manager:
Director of Finance, ` 1 3/zI Zo20
Director of Parks and Recreation: 3
Parks & Forestry Superintendent: 3-02-2020
Purchasing Agent: �_
Prepared by: Sarah Betlach, Purchasing Agent, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5078
Resolution No. 20-67
Resolution authorizing the procurement of professional and
technical services for Hickory Hill Park Natural Areas
Management for the City of Iowa City.
Whereas, the City of Iowa City desires to enhance natural areas in Hickory Hill Park with the
removal and control of invasive woody and herbaceous plants, planting of native plants, and
stream stabilization; and
Whereas, the City of Iowa City received two (2) Resource and Enhancement and Protection
grants from the Iowa Department of Natural Resources; and
Whereas, the City successfully contracted and completed woody invasive removal and prairie
management under the first grant; and
Whereas, given the necessary skills required to complete the remainder of the work under the
grants, the City of Iowa City now desires to procure professional and technical services from a
qualified ecological restoration firm; and
Whereas; the City has issued a Request for Proposals for professional and technical services; and
Whereas, one proposal was received for these services; and
Whereas, the evaluation committee has selected Applied Ecological Services, Inc; and
Whereas, the City of Iowa City has negotiated a $333,000.00 contract for said professional and
technical services with Applied Ecological Services, Inc., to provide said services; and
Whereas, funds for this project are available in the Hickory Hill Trail Redesign and Development
account #R4224; and
Whereas, it is in the public interest to enter into said contract with Applied Ecological Services, Inc;
and
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
1. The proposed procurement as described is approved.
2. The City Manager is authorized to sign the agreement with the vendor and take whatever
steps are necessary to effectuate future purchases including any amendments or renewals of
said agreement.
Passed and approved this 24th day of March 20 20
Hpproveo 0
Attest
Resolution No. 20-67
Page 2
City Clerk City Attorney's Office
It was moved by Taylor and seconded by Mims the Resolution be
adopted, and upon roll call there were:
Ayes:
Nays:
Absent:
Bergus
Mims
Salih
Taylor
Teague
Thomas
Weiner
Item Number: 6.h.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
March 24, 2020
Resolution rejecting bids received on March 11, 2020 for the Robert A Lee
Recreation Center Phase 2 Improvements Project.
Prepared By: Ben Clark, Sr. Civil Engineer
Reviewed By: Juli Seydell Johnson, parks & Recreation Director
Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact: None
Recommendations: Staff: Approval
Commission: N/A
Attachments: Resolution
Executive Summary:
This agenda item rejects the bid received prior to the March 11, 2020 deadline for the Robert A
Lee Recreation Center Phase 2 Improvements Project. Because the only bid received
($622,000) exceeded the engineer's estimate ($370,000) by more than 25%, staff recommends
rejecting the bid in accordance with the City's purchasing policy. The scope of the project will be
reevaluated as it relates to the available budget, and it is anticipated some or all of the project will
be rebid later this year.
Background /Analysis:
Presently, critical and public use areas of the facility do not meet current ADA standards, and
parts of the facility are still operating from the original 1965 design. This phase of remodeling
would provide updates to bring the facility closer to compliance with ADA standards, and improve
operational efficiencies in the use of the facility for both the public and City staff. These
recommendations were cited in the 2012 Space Needs Study and Master Plan, and the Facility
ADA study.
The 2017 Robert A. Lee Recreation Center Building Improvements Study determined the priority
improvements for the Robert A. Lee Recreation Center. These improvements would improve the
user experience, update building systems, and improve the overall usability of the space. This
project addresses those needs outlined in the 2017 study.
ATTACHMENTS:
Description
Resolution
Prepared by: Ben Clark, Public Works, 410 E. Washington Sl., Iowa City, IA 52240 (319) 356-5044
Resolution No. 20-68
Resolution rejecting bids received on March 11, 2020 for the
Robert A Lee Recreation Center Phase 2 Improvements Project.
Whereas, one bid was received on March 11, 2020, for the Robert A Lee Recreation Center
Phase 2 Improvements Project; and
Whereas, the one bid received exceed the amount available in the project fund; and
Whereas, the Departments of Park and Recreation and Public Works recommend that the Council
reject the bid.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that all bids
received on March 11, 2020, for the Robert A Lee Recreation Center Phase 2 Improvements
Project are rejected.
Passed and approved this 24th day of March '2020.
or
roved by
Attest: �. n
City Clerk City Attorney's Office
It was moved by Taylor and seconded by
adopted, and upon roll call there were:
Ayes:
VII
X
Nays:
Mims the Resolution be
Absent:
Bergus
Mims
Salih
Taylor
Teague
Thomas
Weiner
Item Number: 6.i.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
March 24, 2020
Resolution authorizing the installation of speed humps on Jefferson Street
and Glendale Road, between Clapp Street and 7th Avenue.
Prepared By: Sarah Walz, Associate Transportation Planner
Reviewed By: Kent Ralston, Acting Director; Neighborhood and Development Services
Jason Havel, City Engineer
Fiscal Impact: CI P (S3816)
Recommendations: Staff: Approval
Commission: N/A
Attachments: Traffic Speed and Volume Data
Approximate Locations for Speed Humps
Correspondence
Resolution
Executive Summary:
Residents of Jefferson Street and Glendale Road, between Clapp Street and 7th Avenue, have
successfully completed the City of Iowa City's Traffic Calming Program. Data collection
determined that the street qualifies for the program based on traffic speeds. Staff discussed
traffic calming options with residents of the corridor on November 12th. The consensus of
residents who attended the meeting was to move forward with a request for modified speed
humps and to survey residents of the street.
On January 3rd, a survey was mailed to residents of property along the street in order to measure
support for the proposal. A map including the approximate locations of proposed speed humps
was included with the survey. In all, staff received responses from 69% of the households along
the street. Of those households that responded, 72% indicated support for speed humps.
Background /Analysis:
Residents of Jefferson Street and Glendale Road originally submitted a petition to be part of the
City's Traffic Calming Program in 2017. While subsequent traffic data collection determined that
the street qualified for traffic calming based on traffic speed and volume data (attached), the traffic
calming request was delayed for some months while the Traffic Calming Policy was reviewed by
Council.
Due to the importance of the roadway for access to neighborhoods to the east of 7th Avenue, the
Fire Department had recommended against the installation of standard speed humps. Staff
considered a number of other options, most notably the potential for a series of median islands
and traffic circles to intermittently narrow the roadway.
After a number of draft designs were explored, it was determined that the skew of intersections,
frequency and arrangement of driveways, and stormwater issues made the project infeasible.
With this option eliminated, staff reviewed recent traffic calming research on "modified" speed
humps. These installations work in the same manner as "standard" speed humps but include a
gap to allow vehicles with wide wheel bases (i.e. firetrucks and buses) to pass without significant
slowing while still deterring speeding for typical personal vehicles with narrow wheel bases. Staff
reviewed the research on modified speed humps along with the speed data and street context
with the City Engineer, Streets Department, and the Police and Fire Departments and concluded
that modified speed humps would be the most safe and effective means for lowering speeds.
This section of Jefferson/Glendale is approximately 2,150 feet long and collects traffic from
neighborhoods between Rochester Avenue and Court Street. The street has a pavement width of
31 feet. While this allows for on -street parking on both sides of the street, the concentration and
consistency of parked cars is not sufficient to effectively slow traffic. Block lengths and the
frequency of intersections can also influence speed. The western half of the road section has no
intersections between Clapp and Parsons (approximately 1,000 feet), while the east of the bridge,
intersections are more frequent.
Neighborhood Process: A meeting of residents who live along this portion of Jefferson Street
and Glendale Road was held over the summer to discuss a potential demonstration project using
traffic circles and medians to slow vehicle speeds. Later, when this approach was determined to
be infeasible, a second neighborhood meeting was held on November 12, 2019, to determine
support for modified speed humps.
At both neighborhood meetings, residents were invited to discuss their perceptions of traffic
speeds and ask questions about options available for slowing speeds. Staff presented traffic
speed and volume information and reviewed the pros and cons of various traffic calming
measures that had been considered by staff. Modified speed humps were recommended by staff
as the most effective measure for lowering speeds. Residents of the street who attended the
meeting were generally supportive of modified speed humps and requested to move forward with
a mail -back survey.
On January 3, 2020, a survey was sent to residents of the corridor to determine whether there was
support for modified speed humps. The mailing included 36 residential properties located on
Jefferson Street and Glendale Road, between Clapp Street and 7th Avenue. Staff received
completed surveys from 25 households, representing a 69% response rate (25/36). Of those
households that responded, 18 indicated support for the proposal; 7 households indicated
opposition to the proposal. That is a 72% approval rate (18/25). On February 24th, staff also
posted signs regarding the proposal along both sides of Glendale Road and Jefferson Street.
This is to provide notice to the neighborhood and provide an opportunity for the traveling public to
comment on the proposal.
Fiscal Impact: Funding for traffic calming projects is allocated from a line item in the CIP
(S3816). The cost to construct a single speed hump is approximately $3,000 based on bids
received during the 2019 construction season. Staff is recommending 7 modified speed humps
(4 west of the bridge and 3 to the east) in order to meet the optimal spacing necessary to
encourage drivers to travel at a consistent speed of 25 MPH.
Recommendation: With approval from the City Council, staff will move forward with the
installation of modified speed humps as proposed.
ATTACHMENTS:
Description
Speed and Volume Data
Speed Hump Location
Correpsondence
Resolution
BETWEEN PARSONS AND 7TH
Westbound Lane A
Average Daily Traffic: 659
Average speed: 35 MPH
15% of vehicles were travelling
at or above this speed: 42.66 MPH
y
Eastbound Lane
Average Daily Traffic: 1265
Average speed: 29 MPH
15% of vehicles were travelling
at or above this speed: 33.75 MP 11
BETWEEN PARSONS AND CLAPP
Westbound Lane
Average Daily Traffic: 675
Average speed: 33 MPH
15% of vehicles were travelling
at or above this speed: 39.08 MPH
Eastbound Lane
Average Daily Traffic: 1225
Average speed: 32 MPH
15% of vehicles were travelling
at or above this speed: 36.95 MPH
GLENDALE, NEAR BROOKFIELD DRIVE
Westbound Lane
Average Daily Traffic: 671
Average speed: 32 MPH
15% of vehicles were travelling
at or above this speed: 39.32 MPH
Eastbound Lane
Average Daily Traffic: 1198
Average speed: 31 MPH
15% of vehicles were travelling
at or above this speed: 35.54 MPH
�
txo
&
_
$
/ /
�
J
®
/
C
\
/
R
�_
\
CJ
_
+ /
k
tab
ƒ
-
ƒ
��
/
2
ra
7t7;
/ f
-Cm)
/
\
/
:
E
z
-
F 2
03(D
—
Eg
���
CD-
\
\
)
«
�
~
7
2
2A
�
E 2
\
$ E
.
/
- 76
_
c
®
E
® �
\
k �
ƒ
b �
� MO
®
\
un
F 2
/ /
-
ƒ % /
\ »
-C:32
+z
/
3 .±
-
y
—
/
7
2CD-
2
$
e
DLU
ƒ/
2 7/
_
k
=
a w
z
Sarah Walz
From: Lutgendorf, Susan K <susan-lutgendorf@uiowa.edu>
Sent: Sunday, February 23, 2020 4:27 PM
To: Sarah Walz
Subject: Comment for City Council: Proposal to Install speed humps on Jefferson/Glendale
Street
I�lSIE�
Hi Sarah
We received a letter from you regarding the Traffic Calming Program for Jefferson St./Glendale Road. We do desire to
support our neighbors with children and would like to see traffic go slower along this street. We also have serious
concerns about drainage and flooding in this section of the road, as well as concerns about potentially poorer snow
clearance by plows. We would like you to forward our concerns to the City Council about drainage and flooding on the
section of Glendale Road between 7th Ave. and Ralston creek and possible exacerbation of this by speed humps. We we
would like to have this concern addressed by the City engineer (actually with or without approval of this proposal).
Thank you for submitting our concerns to the City Council.
Susan Lutgendorf
2 Glendale Court
Iowa City, IA
Sarah Walz
From: Davison Kevin <kdavison007@gmail.com>
Sent: Tuesday, February 25, 2020 4:56 PM
To: Streets for People
Subject: Speed Humps on Glendale Comments
I
RID
Dear City of Iowa City -
am emailing to strongly discourage installing speed humps on Glendale. I live on Morningside where speed humps are
already installed. They are not effective at slowing down drivers that want to drive fast. Furthermore, drivers in general
will often times drive far to the curb to not hit them directly which I feel actually makes it less safe for kids that are
playing or riding their bikes on the sidewalk. In addition, they're simply annoying to drive over everyday even going 20-
25mph and I would very much not like to have to leave my house and drive on speed humps all the way down to Clapp
St. multiple times per day.
Thank you,
Kevin Davison
Sarah Walz
From: Susan Spears <sdspears@gmail.com>
Sent: Wednesday, February 26, 2020 4:14 PM
To: Streets for People
Subject: Glendale/Clapp speed bump proposal
Rf�K
Hello,
I saw the notification of proposed speed bumps to be put in on Glendale between Clapp and 7th and wanted to let you
know that I am opposed to this proposal. Streets are for driving and speed bumps are annoying. If people are going fast,
there should be more ticketing in the area instead of putting in bumps.
Sincerely, Susan Spears
Sarah Walz
From: Michele C <michelecconlon@gmail.com>
Sent: Friday, February 28, 2020 9:54 PM
To: Streets for People
Subject: speed bumps
I am writing to you regarding potential speed bumps on Jefferson/Glendale between 7th Avenue and Clapp.
I do not feel they are needed and am opposed to the project for several reasons:
1. 1 have lived on Glendale Circle for 50 years and we have not really felt any issues with speeding in that area.
2. 1 also ride my bike along that portion of the road and have never had anyone speed by me.
3. 1 am guessing there have been some other measures taken, but, I would like to see a permanent speed sign with the
speed of each car going by, similar to the one on 7th Ave. by City High, to be the first step before putting in speed
bumps.
4.1 do know some people in another part of town who have speed bumps in their neighborhood. They said it has ruined
the shocks on their car due to all the times they go over them (not speeding) and it has cost them money.
5. 1 would be interested in having the ICPD set up a speed trap to ticket folks there if there is an issue. Perhaps that will
help slow down speeders.
6. 1 believe the speed bumps will push drivers to College and Rochester and I am not sure that is great for traffic, either.
7. It seems our tax dollars could be spent doing something else.
8. Bikers ride that street fairly often. The bikers will need to either go over the speed bumps or they will be forced to
bike along the edge to avoid them and that is often filled with sand and other debris, depending on the time of year.
I do appreciate the attention the City is giving this area of town and I, too, would like safe streets. It is my hope we will
look at other options besides the speed bumps.
Thank you.
Michele Conlon
3 Glendale Circle
Sarah Walz
From: Lutgendorf, Susan K <susan-lutgendorf@uiowa.edu>
Sent: Sunday, February 23, 20204:27 PM
To: Sarah Walz
Subject: Comment for City Council: Proposal to Install speed humps on Jefferson/Glendale
Street
A
RISK
Hi Sarah
We received a letter from you regarding the Traffic Calming Program for Jefferson St./Glendale Road. We do desire to
support our neighbors with children and would like to see traffic go slower along this street. We also have serious
concerns about drainage and flooding in this section of the road, as well as concerns about potentially poorer snow
clearance by plows. We would like you to forward our concerns to the City Council about drainage and flooding on the
section of Glendale Road between 7th Ave. and Ralston creek and possible exacerbation of this by speed humps. We we
would like to have this concern addressed by the City engineer (actually with or without approval of this proposal).
Thank you for submitting our concerns to the City Council.
Susan Lutgendorf
2 Glendale Court
Iowa City, IA
From: Lutgendorf, Susan K
Sent: Thursday, January 23, 2020 5:07 PM
To: Sarah Walz <Sara h-Wa lz@iowa-city.org>
Subject: RE: [External] RE: Proposal to Install speed humps on Jefferson/Glendale Street
Thanks!
From: Sarah Walz <Sarah -Walz iowa-cit .or >
Sent: Thursday, January 23, 2020 4:23 PM
To: Lutgendorf, Susan K <susan-I_utgendorf@uiowa.edu>
Subject: RE: [External] RE: Proposal to Install speed humps on Jefferson/Glendale Street
Susan,
Speed humps generally end about 2 feet from the curb and we do not place them near storm drains. The addition of
storm drains would only occur with a major reconstruction of the street. If and when speed hump installation is
approved, the City Engineer would look more closely at impacts. They will not install a traffic calming device that
impedes drainage.
Best,
Sarah
From: Lutgendorf, Susan K <susan-lutgendorf@uiowa_edu>
Sent: Thursday, January 23, 2020 4:14 PM
Dear Sarah
We support our neighbors with young children in requesting speed bumps in the area between Clapp and 7th. However it
should be noted that there is historically extremely poor drainage between the creek and 7th Ave and heavy rains often
cause very high water in this area, posing a serious traffic hazard. Installation of speed bumps in the absence of
additional sewers in this area would pose an additional traffic hazard. Therefore we recommend that installation of
sewers (eg. at the intersection of Glendale Road and Glendale Court) be completed before speed bumps are
installed. There was not enough room to write this on our postcard, therefore I am emailing you.
Susan Lutgendorf, Ph.D.
2 Glendale Court
Iowa City IA
52245
Disclaimer
The information contained in tnis communication trom the sender is conndentiai. It is intended solely for use by the recipient and
others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or
taking action in relation of the contents of this information is strictly prohibited and may be unlawful.
Sarah Walz
From: Adele Monserud <adelemonserud@gmail.com>
Sent: Tuesday, March 10, 2020 6:21 PM
To: Streets for People
Subject: Jefferson/Glendale speed bump proposal
We are very much opposed to the speed bump proposal on Jefferson Street and Glendale Road from Clapp Street to
Seventh Avenue. We live on Washington Place and can only reach our home using the stretch of road in the speed
bump proposal. We believe that speed bumps are a nuisance to drivers and in our experience driving on Morningside
Drive and College Street, they do not serve to slow down traffic, particularly with younger drivers. In addition, the build
up of snow and ice on those streets made driving on Morningside and College Street difficult due to the deep ruts left
when snow plows cannot efficiently remove snow. The solar powered speed reminder installed on Seventh Avenue
seem to be much more effective without the issues which develop as a result of the installation of speed bumps. Please
consider solar -powered speed reminders between Clapp and Seventh. And if the speeding issues (which I haven't
personally witnessed) along that stretch of street occurs at specific times (i.e. when most cars are heading to or from
City High), then maybe intermittent patrol cars could be used to manage traffic, thus eliminating any need for speed
bumps.
We would prefer to attend the meeting regarding this issue but will be out of town on that date. Thank you for your
consideration of our concerns.
Adele and Clay Monserud
Sent from my iPhone
This email is from an external source.
Sarah Walz
From,
Susan Salterberg <susansalterberg@gmail.com>
Sent: Wednesday, March 11, 2020 2:20 PM
To: Streets for People; Brock Holub
Subject: Proposed speed bumps
i
RISK
To Whom It May Concern:
I am opposed to the proposal to add speed bumps between Clapp St. and Seventh Ave. (on Jefferson St. and Glendale
Rd.).
Even without speed bumps, the streets are difficult to clear after a snow storm, and this will make things worse. I
wonder if alternatives such as electronic speed reminders would work better, taking all of this into consideration. I have
not personally witnessed any speeding on that street (though I have on Seventh).
I am of course passionate about the safety of all drivers, bikers, and pedestrians.
I live on a cul de sac off of Glendale, and thus Glendale is my only route out of the neighborhood if I'm driving.
Thank you for your consideration of alternatives to speed bumps.
Susan
Susan Salterberg
6 Washington PI, Iowa City, IA 52245
Kellie Fruehlina
From: Feather Lacy (Personal) <flacy@pobox.com>
Sent: Friday, March 20, 2020 1:01 PM
To: 'Think Bicycles Johnson County'; Geoff Fruin; Bruce Teague; Janice Weiner; John Thomas;
Laura Bergus; Mazahir Salih; Council; Pauline Taylor; Susan Mims
Subject: Please No Speed Bumps on Glendale; March 24 Iowa C0at9g4a47LW&60iStr1bUted
AA 3-3 - 2-0RIK (Date)
Dear Iowa City Council,
Please do NOT install speed bumps on Glendale Rd. Glendale is a primary route for bicyclists from the east side to
downtown Iowa City.
Forcing the bicycle to move to the curb is a terrible solution because:
1. In Iowa bikes are allowed to use the full lane. Forcing them to suddenly move to the side of the road and back is
dangerous.
2. The curb area often times is filled with dirt, leaves, twigs and litter.
3. The snow and ice will not be removed from the curb side.
Below are some references.
"This study shows that unless proper considerations for bicycle riders are made, speed humps which is the most popular
speed calming device used across the world could harm the bicyclists, which in turn could negatively impact the bicycling
level of the region" see:
htlps://www.researchgate.net/-publication/304284085 Impact of speed humps of bicyclists
"Are Speed Bumps Dangerous for Cyclists; Cyclists petition against speed bumps in popular training park"
s -dangerous -for -cyclists
c
"Why Municipalities are Moving Away from Speed Humps as a Traffic Calming Solution"
https://www.radarsign.com/why-municipalities-are-movin -away-from-speed-humps/
Just FYI below is an alternative design which also is a bad design:
https://bikeportland.org/2018/ 11 /08/jaws-out-on-pbots-experimental-bike-friendly-speed-bumps-291885
Here is a solution from Portland, just eliminate the cars:
https://bikeportland.org/2017/01 /26/on-se-clintonTbot-finishes-permanent-diverter-and-readies-new-bike-friendly-SDeed-
bumps-214976
Please don't try to solve the automobile speed problem with traffic circles unless they are properly designed. See page 500
of.
https://nacto.org/wp-content/uploads/2012/06/DeRobertis-M.-and-Wachtel-A-1996.pdf
Thanks,
Feather Lacy
flacy@pobox.com
Sarah Walz
From: Giblin, James L <james-giblin@uiowa.edu>
Sent: Saturday, March 14, 2020 6:43 PM Late Handouts Distributed
To: Streets for People
Subject: Glendale speed bumps
2— 2 b
(Date)
�!s
OKI
Regarding the proposed speed humps on Glendale Ave, I'd like to urge that bicycle commuters be taken into
consideration. I go up and down Glendale at least ten times per week. I see a good many other bicyclists on
Glendale. I trust there are ways to lessen the inconvenience of speed humps for us plodding bicyclists.
should think gaps could be left between curbs and humps, and perhaps cut into the humps
themselves. Hopefully they could be wide enough to be navigated without having to slow down too
much. This is particularly an issue for cyclists climbing east -bound towards Seventh Avenue. Momentum is
priceless for the cyclist. And remember that bicycle commuters are like all other commuters -- we're trying to
get to work as quickly as possible.
My observation is that there is some speeding when traffic is headed for City High in the morning. Otherwise I
see little speeding. (If you want to see speeding, check out the 20 mph zone on Rochester by Regina.) Given
that the problem seems to be confined to a particular time of day, I do wonder whether speed bumps aren't
over -kill.
Sincerely,
James Giblin
306 Post Rd
Sarah Walz
From: Giblin, James L <james-giblin@uiowa.edu>
Sent: Monday, March 16, 2020 9:07 AM
To: Sarah Walz
Subject: Re: [External] RE: Glendale speed bumps
AI.
RI!N�
Dear Sarah,
Thanks for your informative reply. Certainly the neighborhood has a better understanding of the speeding
problem than i do, since I'm only on that stretch for a couple of minutes at a time.
And if the humps are flatter and more gradual than I'd imagined there shouldn't be a problem.
Your reply is reassuring. Thank again,
Jim Giblin
From: Sarah Walz <Sarah-Walz@iowa-city.org>
Sent: Monday, March 16, 2020 8:16 AM
To: Giblin, James L <james-giblin@uiowa.edu>
Subject: [External] RE: Glendale speed bumps
Mr. Giblin,
Thank you for sharing your comments. I will forward your email to the City Council for their consideration at their
meeting on March 24.
will provide an answer to a two of your questions:
1. The traffic calming program is neighborhood driven. The request for a speed study and intervention came from
residents who live along this portion of roadway. Both average speeds and 85% speeds along this stretch of
roadway are more than 5MPH over the speed limit. In some sections the average speed approaches 10 MP over
the speed limit. Speed are highest for westbound traffic.
2. The design of speed humps is to slow cars moving over 20 MPH. it a gradual rather abrupt elevation of the
roadway. They have little to no effect on bicycles.
Again, I will forward your comment to the City Council as they make the determination whether to install speed humps.
Sincerely,
Sarah
From: Giblin, James L <james-giblin@uiowa.edu>
Sent: Saturday, March 14, 2020 6:43 PM
To: Streets for People<streetsfo rpeo p le @ iowa -city. o rg>
Subject: Glendale speed bumps
Regarding the proposed speed humps on Glendale Ave, I'd like to urge that bicycle commuters be taken into
consideration. I go up and down Glendale at least ten times per week. I see a good many other bicyclists on
Glendale. I trust there are ways to lessen the inconvenience of speed humps for us plodding bicyclists. I
should think gaps could be left between curbs and humps, and perhaps cut into the humps
themselves. Hopefully they could be wide enough to be navigated without having to slow down too
much. This is particularly an issue for cyclists climbing east -bound towards Seventh Avenue. Momentum is
priceless for the cyclist. And remember that bicycle commuters are like all other commuters -- we're trying to
get to work as quickly as possible.
My observation is that there is some speeding when traffic is headed for City High in the morning. Otherwise I
see little speeding. (If you want to see speeding, check out the 20 mph zone on Rochester by Regina.) Given
that the problem seems to be confined to a particular time of day, I do wonder whether speed bumps aren't
over -kill.
Sincerely,
James Giblin
306 Post Rd
Disclaimer
The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and
others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or
taking action in relation of the contents of this information is strictly prohibited and may be unlawful.
2
Sarah Walz
Late Handouts Distribute
From: Marty Reis
Sent: Sunday, March 22, 2020 7:09 PM
To: Streets for People 3 — —
Subject: Proposed Speed Bumps on Glendale
(Date)
Hi there. I would like to express my concern, and ultimate disapproval of the installation of any speed humps in my
neighborhood, with due respect. I live at 21 N. 7th Ave., and have for 3 years now. I drive Glendale Rd. to and/from work
5 days a week. I have lived in Iowa City since 2003, so I know our city streets well, and yes, people DO speed just about
everywhere. I find the proposed solution of speed humps to be over -the -top. I'll do my best to explain based on 2 other
places I know of that have speed humps already installed.
Peninsula Neighborhood/Foster Road —This area is a long, windy road; you often can't see past the curve
ahead. The width of road here is fairly narrow, and cars are allowed to park on the street here, so it can be a chore to
slip through. There are tons of people, kids, and pets walking about throughout most hours of the day. Busses pass
through here regularly. All of these things are in contrast to the conditions of Glendale, where speed humps are
proposed. Glendale does not have a great load of pedestrians or pets at any hour, the traffic is light except at the
beginning and end of the school day, and the road is itself, a very wide street, even with cars parked on both sides you
can fit 2 lanes of traffic through without much trouble. I understand why there are speed humps in the Peninsula
neighborhood, but I would not understand them on Glendale.
Kimball Rd. —This stretch of road is also long and windy, but worse, it's also in bad condition. Homeowners here
sometimes have blind driveways, making it difficult to enter onto Kimball at times. There are retaining walls here that
abut the road and are inherently dangerous. The sidewalks on Kimball are directly adjacent to the road in places,
meaning that even walking on the sidewalk could be dangerous as you might get clipped with a sideview mirror as cars
pass. There are curves you can't see past in a couple places. Again, this contrasts the conditions of Glendale, as Glendale
Road is wide, fairly straight, in great condition, with driveways attached in a safe manner. Again, I understand why speed
bump exist here, but do not approve of them on Glendale.
I get that citizens complain and we should look at possible solutions. We in the Glendale/7th Ave area are big
supporters of our schools! With that comes young drivers that don't follow speed limits or even stop signs at times. I do
not believe this would change with the speed hump installation. I have never even seen police enforcement of this area
(occasionally the police speed limit trailers get parked here). 7th Ave had electronic speed monitoring installed, but it did
not curtail speeding in my opinion. And honestly, speeding isn't a huge issue to me here. There will always be a select
few that feel the rules don't apply to them, and even speed humps don't stop people from speeding. But, speed humps
WILL make my ride home from work much less comfortable and wear on my vehicle more. Every homeowner in the area
will have to suffer that cost for a few speeders! I might very well drive out of my way to use Rochester Ave to avoid the
bumps, which will put more traffic on an already busy street that has it's own share of speedsters.
I appreciate you listening to my grievances, and I'm sure you're fully aware that a complaint awaits from
someone, whether you install these humps or not. To put it comically, I often pick my nose on this street while driving,
and with speed humps installed I feel I COULD POTENTIALLY DIE! Please do not install speed humps on
Jefferson/Glendale from Clapp St. to 7th Ave., and thanks for listening with an open mind.
Transit - Maintenance Worker I
City of Iowa City - A UNESCO City of Literature
Sarah Walz
From: Feather Lacy (Personal) <flacy@pobox.com>
Sent: Saturday, March 21, 2020 11:43 AM
To: Streets for People
Subject: FW: Please No Speed Bumps on Glendale; March 24 Iowa City unc 1 Meeting
LatAanaouts Distributed
RISK (Date)
From: Feather Lacy (Personal) [mailto:flacy@pobox.com]
Sent: Friday, March 20, 2020 7:47 PM
To: 'streestsforpeople@iowa-city.org'
Subject: FW: Please No Speed Bumps on Glendale; March 24 Iowa City Council Meeting
From: Feather Lacy (Personal) [mailto:flacy@pobox.com]
Sent: Friday, March 20, 2020 1:01 PM
To: 'Think Bicycles Johnson County'; 'Geoff Fruin'; Bruce Teague; Janice Weiner; 'John Thomas'; Laura Bergus; Mazahir
Salih; 'Packet'; 'Pauline Taylor'; 'Susan Mims'
Subject: Please No Speed Bumps on Glendale; March 24 Iowa City Council Meeting
Dear Iowa City Council,
Please do NOT install speed bumps on Glendale Rd. Glendale is a primary route for bicyclists from the east side to
downtown Iowa City.
Forcing the bicycle to move to the curb is a terrible solution because:
1. In Iowa bikes are allowed to use the full lane. Forcing them to suddenly move to the side of the road and back is
dangerous.
2. The curb area often times is filled with dirt, leaves, twigs and litter.
3. The snow and ice will not be removed from the curb side.
Below are some references.
"This study shows that unless proper considerations for bicycle riders are made, speed humps which is the most popular
speed calming device used across the world could harm the bicyclists, which in turn could negatively impact the bicycling
level of the region" see:
https://www.research at�publication/304284085_Impact_of speed_humps of bicyclists
"Are Speed Bumps Dangerous for Cyclists; Cyclists petition against speed bumps in popular training parr"
https://totalwomenscycling.com/commuting/are-speed-bumps-dangerous-for-c cy lists
"Why Municipalities are Moving Away from Speed Humps as a Traffic Calming Solution"
https://www.radarsign.com/why-municipalities-are-moving away -from -speed -humps/
Just FYI below is an alternative design which also is a bad design:
https://bikeportland.org/2018/11 /08/jMs-out-on-pbots-experimental-bike-friendly-speed-bumps-291885
Here is a solution from Portland, just eliminate the cars:
https://bikeportland.org/2017/01 /26/on-se-clinton-pbot-finishes-permanent-diverter-and-readies-new-bike-friendly-speed-
bumps-214976
Please don't try to solve the automobile speed problem with traffic circles unless they are properly designed. See page 500
of:
https://nacto. org/wp-content/uploads/2012/0 6/DeRobertis-M .-and-Wachtel-A-1996.pdf
Thanks,
Feather Lacy
flacy@pobox.com
Kellie Fruehlin
From: Rachael Carlson <rachaelcarlson@hotmail.com>
Sent: Tuesday, March 24, 2020 2:06 PM
To: Council
Subject: Support traffic calming along Jefferson St. and Glendal B. d%ftDkti &uted
meeting, Consent Agenda
3 ^ AL�-moo
AK
(Date)
Hello, my name is Rachael Carlson, I live at 1205 E. Jefferson St., Iowa City. I write to express my support for
traffic calming measures along Jefferson St. and Glendale Ave. We need traffic calming to make our
neighborhood safe. Too many people speed dangerously between Clapp St. all the way up to 7th Ave. Our
neighborhood has met with city planning staff several times over the course of the past couple years to
strategize ways to make our street more safe. As a neighborhood we requested a traffic study, then we all
voted to approve speed humps. Please vote for traffic calming measures along Jefferson St. and Glendale Ave.
Thank you,
Rachael Carlson
1205 E. Jefferson St.
Iowa City, IA 52245
Kellie Fruehlin
From: Theresa Biancheri <theresa.biancheri@gmail.com> Late Handouts Distributed
Sent: Tuesday, March 24, 2020 2:36 PM
To: Council
Subject: Meeting tonight 3-- t;L4 - � 0
(Date)
Dear City Council:
I've heard you won't have much bandwidth to take comments tonight, so I wanted to send a note in support of
all the proposed traffic calming measures, especially the one for Jefferson/Glendale.
Thank you.
Theresa
Theresa Biancheri
1162 E Jefferson
This email is from an external source.
*1
Kellie Fruehling
From: Jenn Bowen <jennuwine4@gmail.com> Late, Handouts Distributed
Sent: Tuesday, March 24, 2020 3:10 PM
To: Council
Subject: Traffic calming
(Date) Date)
I live on Parsons Avenue and I strongly support the need to slow cars down on Jefferson St/Glendale Rd.
Please pass the measure to add traffic calming speed humps. We will all be safer for it.
Thank you,
Jenn Bowen
Sent from my iPhone
This email is from an external source.
Prepared by: Sarah Walz, Associate Transportation Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-
5239
Resolution no. 20-69
Resolution authorizing the installation of speed humps on Jefferson
Street and Glendale Road, between Clapp Street and 7th Avenue.
Whereas, the City Council has established a traffic calming program for the City of Iowa City for
the purpose of considering neighborhood traffic calming projects; and
Whereas, the residents of Jefferson Street and Glendale Road have successfully completed the
traffic calming process according to the City Council's approved procedure; and
Whereas, a neighborhood survey has been conducted in accordance with the approved traffic
calming program and a 72% majority of respondents indicated they are in favor of modified speed
humps;
Whereas, the City Council finds said proposal to be in the public interest and is consistent with its
adopted traffic calming program.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
1. The proposal for speed humps on Jefferson Street and Glendale Road is hereby
approved.
2. City staff is directed to proceed with the installation of speed humps on Jefferson Street
and Glendale Road, between Clapp Street and 71" Avenue.
Passed and approved this 24th day of march 2020.
Attest: K
KelltcFruehling, City Cler
City Attorney's Office
1U
E
Resolution No. 20-69
Page 2
It was moved by Tayl or and seconded by trims the
Resolution be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
Bergus
Mims
Salih
Taylor
Teague
Thomas
Weiner
^�®4 CITY OF IOWA CITY(;,-
'►,
COUNCIL ACTION REPORT
March 24, 2020
Resolution awarding contract and authorizing the Mayor to sign and the
City Clerk to attest a contract for construction of the Water Distribution
East Pressure Zone Project.
Prepared By: Scott Sovers — Assistant City Engineer Late Handouts Distributed
Reviewed By: Jason Havel — City Engineer
Ron Knoche — Public Works Director
Geoff Fruin — City Manager
Fiscal Impact: $351,903.60, available in the Water Distribution Prewrte6�one
Improvements account #W3301
Recommendations Staff: Approval
Commission: N/A
Attachments: Resolution
Executive Summary:
This agenda item awards the construction contract for the Water Distribution East Pressure
Zone Project to Dennis Spencer Construction of Iowa City, Iowa.
This Project generally includes the construction of water distribution system infrastructure to
create an east pressure zone. These activities will occur at multiple locations throughout the
City to remove water main connections and install fire hydrants, valves, water main and check
valves.
Background / Analysis:
The Iowa City water distribution system contains approximately 270 miles of water main, four
ground storage reservoirs (GSRs) and the treatment facility. Pressures in the eastern region
of the City need to be higher to allow for continued development, and a study of the system and
subsequent project recommendations was completed in 2018. The recommended course of
action is to create a separate pressure zone on the east side of the City and elevate the
pressure set points of the single GSR in this zone to accommodate development. The project
recommended to create this zone is spatially distributed and generally includes the installation
of check valves and pressure reducing valves, as well as the need to dead-end or loop water
main. This project is being phased as necessary to align with other planned capital
improvement projects. The Water Distribution East Pressure Zone Project is the first phase of
the overall project.
The construction cost estimate for the project was $240,000. Three (3) bids were received:
Company Bid Amount
Dennis Spencer Construction $351,903.60
Lynch Excavating, Inc. $354,623.50
Boomerang Corp. $437,566.00
�r 1 CITY OF IOWA CITY
It
ui
COUNCIL ACTION REPORT
Based upon the bids received, staff recommends away ing the Project to ennis pencer
Construction of Iowa City, Iowa.
Project Timeline:
Award Date — March 24, 2020
Construction Start — April 20, 2020
Estimated Construction Completion — August 2020
Item Number: 6.j.
r CITY OF IOWCITY
� — 1
�M,
► �m
t�a-A&-M, COUNCIL ACTIOVIREPORT
March 24, 2020
-- -----_ - -- -- ---------------
Resolution awarding co ract and authorizing the Mayor to sign and the Ci Clerk to attest a contract for
construction of the Water istribution East Pressure Zone Project.
Prepared By. Scott Sovers, Ass .City Engineer
Reviewed By: Jason Havel, City E er
Ron Knoche, Public W Director
Geoff Fruin, City Manage
Fiscal Impact:
Recommendations: Staff:
Commission: NIA
Attachments: Resolution
Executive Summary:
Background /Analysis:
ATTACHMENTS:
Description
Resolution
Prepared by: Scott Sovers, Asst. City Engineer, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319)356-5142
Resolution No.
Resolution awarding contract and authorizing the Mayor to sign
and the City Clerk to attest a contract for constru 'on of the
Water Distribution East Pressure Zone Project
Whereas, of has submitted a lowest responsible bid of
$ for construction of the above-named project; an
Whereas, funds r this project are available in the ater Distribution Pressure Zone
Improvements accou #W3301; and
Whereas, the City Engin
to the City's Purchasing
named project.
and City Manager are a#orized to execute change orders according
icy as they may beco necessary in the construction of the above -
Now, therefore, be it resolved by
1. The contract for the
performance and
statements.
2. The Mayor is her
construction of the
adequate perform
program staterptn'
Passed and approv,
Attest :
Clerk
the ity unci) of the City of Iowa City, Iowa, that:
nstru i n of the above-named project is hereby awarded to
su ' ct the condition that awardee secure adequate
i ond, ins rance certificates, and contract compliance program
authorized to sig and the City Clerk to attest the contract for
above-named project,ubject to the condition that awardee secure
nce and payment bond, in urance certificates, and contract compliance
It was moved by
adopted, and upon roll call there were
Ayes:
day of
Mayor
and seconded by
Nays:
2020
by
City Attorney's Office
Absent:
Bergus
Mims
Salih
Taylor
Teague
Thomas
Weiner
the Resolution be
Prepared by Scott Sovers, Asst. City Engineer, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319)356-5142
Resolution No. 20-70
Resolution awarding contract and authorizing the Mayor to sign
and the City Clerk to attest a contract for construction of the
Water Distribution East Pressure Zone Project
Whereas, Dennis Spencer Construction of Iowa City, IA, has submitted the lowest responsible bid
of $351,903.60 for construction of the above-named project; and
Whereas, funds for this project are available in the Water Distribution Pressure Zone
Improvements account #W3301; and
Whereas, the City Engineer and City Manager are authorized to execute change orders according
to the City's Purchasing Policy as they may become necessary in the construction of the above-
named project.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
1. The contract for the construction of the above-named project is hereby awarded to Dennis
Spencer Construction, subject to the condition that awardee secure adequate
performance and payment bond, insurance certificates, and contract compliance program
statements.
2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for
construction of the above-named project, subject to the condition that awardee secure
adequate performance and payment bond, insurance certificates, and contract compliance
program statements.
Passed and approved this 24th day of March _,2020
Attest A 0L
Ci Clerk
It was moved by Taylor and seconded by
adopted, and upon roll call there were:
Ayes:
Nays:
7
City Attorney's Office
Mims
Absent:
Bergus
Mims
Salih
Taylor
Teague
Thomas
Weiner
-?-2 0 0
the Resolution be
Prepared by: Scott Sovers, Asst. City Engineer, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319)356-5142
Resolution No.
to.J
M ®P p^ T
Resolution awarding contract and authorizing the Mayor to sign
@@nd the City Clerk to attest a contract for construction of the
1)Vater Distribution East Pressure Zone Project
Whereas, of has submitted the lowest respon le bid of
$ for construction of the above-named project; and
Whereas, funds r this project are available in the Water Distribu ' Pressure Zone
Improvements accou t #W3301; and
Whereas, the City Engin r and City Manager are authorized to exe to change orders according
to the City's Purchasing P icy as they may become necessary i the construction of the above-
named project.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
1. The contract for the
... J, '
performance and payment bond,
statements.
2. The Mayor is hereby
construction of the ab
adequate performance
program statements.
t of the bove-named project is hereby awarded to
to th condition that awardee secure adequate
sur nee certificates, and contract compliance program
to s n and the City Clerk to attest the contract for
projec subject to the condition that awardee secure
nt bond, surance certificates, and contract compliance
Passed and approved this / day of
Mayor
Attest
City
It was moved by and seconded by
adopted,/and upon roll call there were:
Ayes: Nays:
2020
by
City Att6rney's Office
Absent:
Mims
Salih
Taylor
Teague
Thomas
Weiner
the Resolution be
Late Handautq ]f istdbuted
Prepared by: Scott Sovers, Asst. City Engineer, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319)356- i47
Resolution No.
(Date)
Resolution awarding contract and authorizing the Mayor to sign
and the City Clerk to attest a contract for construction of the
Water Distribution East Pressure Zone Project
Whereas, Dennis Spencer Construction of Iowa City, IA, has submitted the lowest responsible bid
of $351,903.60 for construction of the above-named project; and
Whereas, funds for this project are available in the Water Distribution Pressure Zone
Improvements account #W3301; and
Whereas, the City Engineer and City Manager are authorized to execute change orders according
to the City's Purchasing Policy as they may become necessary in the construction of the above-
named project.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
1. The contract for the construction of the above-named project is hereby awarded to Dennis
Spencer Construction, subject to the condition that awardee secure adequate
performance and payment bond, insurance certificates, and contract compliance program
statements.
2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for
construction of the above-named project, subject to the condition that awardee secure
adequate performance and payment bond, insurance certificates, and contract compliance
program statements.
Passed and approved this day of , 2020
Attest :
City Clerk
It was moved by
adopted, and upon roll call there were:
Ayes:
Mayor
/ Ap�rov by
LJ. C �
City Attorney's Office
and seconded by
Nays:
Absent:
Bergus
Mims
Salih
Taylor
Teague
Thomas
Weiner
the Resolution be
Item Number: 6.k.
CITY OF IOWA CITY
`���� COUNCIL ACTION REPORT
March 24, 2020
Resolution rescinding award and fixing new time and place for receipt of bids for the rebidding of the FY20
Wastewater Clarifier Repairs Project, and directing City Clerk to publish advertisement for bids.
Prepared By: Ben Clark, Sr. Civil Engineer
Reviewed By: Tim Wilkey, Wastewater Superintendent
Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact: None
Recommendations: Staff: Approval
Commission: N/A
Attachments: Resolution
Executive Summary:
This agenda item rescinds the previous project award and sets a new bid date and time for
rebidding the FY20 Wastewater Clarifier Repairs Project.
Background /Analysis:
The four original clarifiers that were constructed circa 1989 were drained and inspected in
calendar year 2012 during the design phase of the Wastewater Treatment Facilities Consolidation
Project. The inspection revealed substantial corrosion on significant portions of the mechanisms.
Two of these clarifiers were repaired in fiscal year 2017. This project will repair the remaining two
that still have their original carbon steel mechanisms, and which are nearing the end of their useful
life.
At the March 3, 2020 meeting, the City Council awarded the contract for construction of the FY20
Wastewater Clarifier Repairs Project to Fab Tech Wastewater Solutions, LLC of Warrenton,
Missouri. Subsequent to the award, Fab Tech discovered a material and substantial error in their
bid. Rather than enter into said contract at the bid price, Fab Tech agreed to forfeit their bid
security. The only other bid received was $523,369, which exceeded the engineer's estimate of
$375,000. This resolution will set the date and time for rebidding the project.
ATTACHMENTS:
Description
resolution
Prepared by: Ben Clark, Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)356-5436
Resolution No. 20-71
Resolution rescinding award and fixing new time and place for
receipt of bids for the rebidding of the FY20 Wastewater Clarifier
Repairs Project, and directing City Clerk to publish
advertisement for bids.
Whereas, notice of public hearing on the project manual and estimate of cost for the above-
named project was published as required by law, and the hearing thereon held; and
Whereas, the City Council approved the project manual and estimate of cost, established the
amount of bid security to accompany each bid, directed City Clerk to post notice to bidders, and
fixed time and place for receipt of bids; and
Whereas, the City Council awarded the contract for construction to Fab Tech Wastewater
Solutions, LLC of Warrenton, Missouri, who submitted the lowest responsive, responsible bid of
$245,000; and
Whereas, Fab Tech Wastewater Solutions, LLC subsequently discovered a substantial and
material error in their bid, did not enter into said contract; and forfeited their bid security; and
Whereas, the Department of Public Works recommends that the Council set a new date for
receipt of bids.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that:
1. Resolution No. 20-52 awarding contract to Fab Tech Wastewater Solutions, LLC is
rescinded.
2. The City Clerk is hereby authorized and directed to post notice as required in Section 26.3,
not less than 13 days and not more than 45 days before the date of the bid letting, which
may be satisfied by timely posting notice on the Construction Update Network, operated
by the Master Builders of Iowa, and the Iowa League of Cities website.
3. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa,
at the Office of the City Clerk, at the City Hall, before 3:00 p.m. on the 15" day of April,
2020. At that time, the bids will be opened by the City Engineer or his designee, and
thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said
bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City,
Iowa, at 7:00 p.m. on the 211 day of April, 2020, or at a special meeting called for that
purpose.
Passed and approved this 24th day of March
Mayor
2020.
Resolution No. 20-71
Page 2
WKdilie F"ruehlirnig, - Clerk
Ty
It was moved by Taylor and seconded by
adopted, and upon roll call there were:
AYES: NAYS:
I roved bw ' 1
�. -, -19-a
City Attorneys Office
ABSENT:
the Resolution be
Bergus
Mims
Salih
Taylor
Teague
Thomas
Weiner
Item Number: 6.1.
CITY OF IOWA CITY
`���� COUNCIL ACTION REPORT
March 24, 2020
Resolution accepting the work for the Highway 1 and Sunset Street Traffic
Signal Improvement Construction Project.
Prepared By:
Joe Welter, Sr. Civil Engineer
Reviewed By:
Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact:
None
Recommendations: Staff: Approval
Commission: N/A
Attachments:
Engineer's Report
Resolution
Executive Summary:
Construction of the Highway 1 and Sunset Street Traffic Signal Improvement Construction
Project has been completed by Advanced Electrical Services, Inc. of Iowa City, Iowa, in
substantial accordance with the Project Manual developed by Shive-Hattery Architecture and
Engineering of Iowa City, Iowa. The Engineer's Report and Performance, Payment, and
Maintenance Bonds are on file with the City Engineer.
• Project Estimated Cost: $36,750.00
• Project Bid Received: $38,500.00
• Project Actual Cost: $38,500.00
Background /Analysis:
The project included installation of video detection cameras, a pan -tilt -zoom (PTZ) camera, and
wiring at the Sunset Street and Highway 1 Intersection to provide a complete and functional video
detection system for the signal.
There was one change order on this project for adjustment of the camera pole height and
completion dates. The Contract Amount was not revised by the change order.
ATTACHMENTS:
Description
Engineer's Report
Resolution
Ir 1
qui Aff
41" ®
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 - 1826
(319) 356 - 5000
(319) 356 - 5009 FAX
www.icgov.org
ENGINEER'S REPORT
March 10, 2020
City Clerk
Iowa City, Iowa
Re: Highway 1 and Sunset Street Traffic Signal Improvements Construction Project
Dear City Clerk:
hereby certify that the Highway 1 and Sunset Street Traffic Signal Improvements Construction
Project has been completed by Advanced Electrical Services, Inc. of Iowa City, Iowa, in
substantial accordance with the Project Manual developed by Shive-Hattery, Inc. of Cedar
Rapids, Iowa.
The project was bid as a unit price contract and the final contract price is $38,500.00.
There was one change order on this project for adjustment of the camera pole height and the
completion dates. The Contract Amount was not revised by the change order.
I recommend that the above -referenced improvements be accepted by the City of Iowa City.
Sincerely,
/
Jason Havel
City Engineer
Prepared by: Joe Welter, Public Works, 410 East Washington Street, Iowa City, IA 52240 (319) 356-5144
Resolution No. 20-72
Resolution accepting the work for the Highway 1 and Sunset
Street Traffic Signal Improvement Construction Project
Whereas, the Engineering Division has recommended that the work for construction of the Highway
1 and Sunset Street Traffic Signal Improvement Construction Project, as included in a contract
between the City of Iowa City and Advanced Electrical Services, Inc. of Iowa City, Iowa, dated
January 9, 2020, be accepted; and
Whereas, the Engineer's Report and the performance, payment, and maintenance bond have been
filed in the City Clerk's office; and
Whereas, funds for this project are available in Annual Traffic Signal Projects, Account Number
S3814; and
Whereas, the final contract price is $38,500.00.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said
improvements are hereby accepted by the City of Iowa City, Iowa.
Passed and approved this 24th day of March
,LAIdyor
Attest:
City Jerk
2020
Approved by
City Attorney's Office
It was moved by Taylor and seconded by Mims the Resolution be
adopted, and upon roll call there were:
Ayes:
x
x
x
x
x
x
Nays:
Absent:
Bergus
Mims
Salih
Taylor
Teague
Thomas
Weiner
Item Number: 6.m.
CITY OF IOWA CITY
`���� COUNCIL ACTION REPORT
March 24, 2020
Resolution accepting the work for the 2019 Landfill Gate Replacement
Construction Project.
Prepared By: Joe Welter, Sr. Civil Engineer
Reviewed By: Jen Jordan, Resource Management Superintendent
Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact: None
Recommendations: Staff: Approval
Commission: N/A
Attachments: Engineer's Report
Resolution
Executive Summary:
Construction of the 2019 Landfill Gate Replacement Construction Project has been completed
by Apex Construction Company, Inc. of Iowa City, Iowa, in substantial accordance with the Project
Manual developed by Shoe make r-Haaland Professional Engineers of Coralville, Iowa in
conjunction with the City of Iowa City Engineering Division. The Engineer's Report and
Performance, Payment, and Maintenance Bonds are on file with the City Engineer.
• Project Estimated Cost: $ 74,000.00
• Project Bid Received: $ 94,816.00
• Project Actual Cost: $ 100,440.64
Background /Analysis:
The project included replacement of the wall and gate for the entrance to the Iowa City Landfill
and Recycling Center, which had previously been damaged. In addition, an electronic message
center was installed on top of the new wall.
Four change orders occurred on this project. These change orders included changes to the
concrete wall foundation construction, an additional electrical circuit, an extension of the
completion dates, and gate stability posts and extra white fencing.
ATTACHMENTS:
Description
Engineer's Report
Resolution
1 l i
°� WylRmr�l
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 - 1826
(319) 356 - 5000
(319) 356 - 5009 FAX
ENGINEER'S REPORT www.icgov.org
March 3, 2020
City Clerk
Iowa City, Iowa
Re: 2019 Landfill Gate Replacement Construction Project
Dear City Clerk:
I hereby certify that the 2019 Landfill Gate Replacement Construction Project has been completed
by Apex Construction Company, Inc. of Iowa City, Iowa, in substantial accordance with the Project
Manual developed by Shoemaker-Haaland Professional Engineers of Coralville, Iowa in
conjunction with the City of Iowa City Engineering Division.
The project was bid as a unit price contract and the final contract price is $100,440.64.
There were a total of four change orders for the project as follows:
1. Concrete Wall Foundation Execution (added $2,780.00)
2. Additional Electrical Circuit (added $1,050.64)
3. Extension of Completion Dates (no cost)
4. Gate stability posts and extra white fencing (added $1,794.00)
Total Amount for Change Orders = $5,624.64
I recommend that the above -referenced improvements be accepted by the City of Iowa City.
Sincerely,
Jason Havel
City Engineer
Prepared by: Joe Welter, Public Works, 410 East Washington Street, Iowa City, IA 52240 (319) 356-5144
Resolution No. 20-73
Resolution accepting the work for the 2019 Landfill Gate
Replacement Construction Project
Whereas, the Engineering Division has recommended that the work for construction of the 2019
Landfill Gate Replacement Construction Project, as included in a contract between the City of Iowa
City and Apex Construction Company, Inc. of Iowa City, Iowa, dated July 18, 2019, be accepted;
and
Whereas, the Engineer's Report and the performance, payment, and maintenance bond have been
filed in the City Clerk's office; and
Whereas, funds for this project are available in Loss Reserve, Account # 82310625 and Landfill
Operations, Account # 75750121; and
Whereas, the final contract price is $100,440.64.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said
improvements are hereby accepted by the City of Iowa City, Iowa.
Passed and approved this 24th day of March , 2020
�4
M or
Attest:
City Jerk
It was moved by Taylor and seconded by
adopted, and upon roll call there were:
Ayes:
F4
Nays:
Apo ved by
�
City
Attorneys Office
Mims the Resolution be
Absent:
Bergus
Mims
Salih
Taylor
Teague
Thomas
Weiner
ro,
Item Number: 7.a.
CITY OF IOWA CITY
`���� COUNCIL ACTION REPORT
March 24, 2020
Resolution setting a public hearing for April 7, 2020, on a proposal to convey
a single family home located at 1234 Sandusky Drive.
Prepared By: Erika Kubly, Neighborhood Services Coordinator
Reviewed By: Tracy Hightshoe, Neighborhood and Development Services Director
Fiscal Impact: City funds were budgeted at $35,000 for rehabilitation expenses, and up to
$25,000 in federal HOME funds will be used for buyer down payment
assistance. There will be no impact on the general fund for ongoing
operational expenses.
Recommendations: Staff: Approval
Commission: N/A
Attachments: Sandusky photos
resolution
Executive Summary:
On March 24, 2020, City Council will set a public hearing for April 7, 2020 to consider a resolution
authorizing the conveyance of 1234 Sandusky Drive as part of the South District Program. This
will be the first home sold under the program.
Background /Analysis:
Through the South District Program, the City acquired a duplex at 1232-1234 Sandusky Drive in
2019 for $164,000 ($62,000 per unit) and converted the duplex into a 2 -unit condominium to sell
to eligible home buyers. The property had recently sustained substantial fire damage and was
vacant at the time of purchase. City funds were used to repair and rehabilitate the unit including
new siding, a new garage door, a fenced yard, updated electrical, and a complete renovation of
the interior. Sustainability improvements were also incorporated into the project including
installation of solar panels, added insulation, Energy Star rated appliances, new windows and
doors, long life -cycle flooring, tree planting and landscaping.
The renovated home appraised at $144,000. The sales price is $115,000, which is the amount
the City invested in the home including acquisition cost, rehabilitation expenses, and carrying
costs (utilities, loan interest, taxes, etc.). The goal of the program is to sell the home to an income
eligible buyer who is a current resident of the neighborhood. The financing structure of the
purchase is similar to those sold by Habitat or past public housing units sold to eligible home
buyers.
Of the $115,000, there will be a conditional mortgage of $35,000 on the property that will be
forgiven by $3,500 each year for 10 years. No repayment is necessary unless the owner sells the
property within that time frame. In addition, the City will provide HOME down payment assistance
which is estimated at $17,000 based on preliminary underwriting. The HOME down payment
assistance is also a conditional mortgage and will be forgiven after 10 years. If the owner sells
the home within 10 years, the net proceeds of the sale are shared between the City and the Buyer,
up to the HOME amount provided. The buyer will finance the remaining amount, estimated at
$63,000, through a local lender which will allow for monthly housing payments well below HOME
Fair Market Rent (currently $902 for a two-bedroom unit).
The home features two bedrooms and one bathroom on the main floor with additional living space
in the basement. The buyer has been a resident of Taylor Drive for over 15 years and is a first-
time home buyer. They have completed a homeowner education course and counseling through
Horizons. In addition, the home buyer will sign a deed restriction to maintain the home as an
owner -occupied unit.
ATTACHMENTS:
Description
Sandusky photos
Resolution Setting Public Hearing
1232-1234 Sandusky Drive
South District Home Investment Partnership Program
CITY OF IOWA CITY
UNESCO CITY OF LITERATURE
Sustainability Improvements:
• Installation of solar panels
• Spray foam/added insulation
• Energy Star rated appliances
• Landscaping and trees planted
• New windows & doors
• Long life -cycle flooring
Additional Improvements:
• New siding
• New garage doors
• Fenced yard
• Updated kitchens and bathrooms
• Interior paint & trim
• Additional egress window in basement
• Upgraded electrical
www.icgov.org/South District
■
All
Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240
(319)356-5030
RESOLUTION NO. 20-74
Resolution setting public hearing for April 7, 2020, on a
proposal to convey a single-family home located at 1234
Sandusky Drive.
Whereas, the South District Home Investment Partnership Program is an effort by the City to
encourage home ownership and reinvestment in designated neighborhoods; and
Whereas, the City purchases residential properties, rehabilitates them, and then sells them to
income -eligible buyers; and
Whereas, the City purchased a duplex at 1232-1234 Sandusky Drive, rehabilitated it, and
converted it to a 2 -unit condominium; and
Whereas, the City has received an offer to purchase 1234 Sandusky Drive for the principal sum
of $115,000; and
Whereas, this sale would provide affordable owner -occupied housing; and
Whereas, this sale is conditioned on the family securing adequate financing for the purchase of
the home.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
The City Council does hereby declare its intent to convey the home located at 1234
Sandusky Drive, Iowa City, Iowa, also known as part of Lot 278, Part Five, Hollywood
Manor Addition, Iowa City, Iowa, for the sum of $115,000.
2. A public hearing on said proposal should be and is hereby set for April 7, 2020, at 7:00
p.m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street, Iowa
City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter
as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause
notice of said public hearing to be published as provided by law.
It was moved by Taylor and seconded by trims the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X
Bergus
X
Mims
X
Salih
X
Taylor
X
Teague
X
Thomas
X
Weiner
Resolution No. 20-74
Page 2
Passed and approved this 24th day of
Ap , provedby
City Attorney's Office
March 2020.
MAOLOR
ATTEST:
CITY LERK
Item Number: 7.b.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
March 24, 2020
Resolution setting a public hearing on April 7, 2020 on project manual and
estimate of cost for the construction of the Iowa Avenue Bridge Repair
Project, directing City Clerk to publish notice of said hearing, and directing
the City Engineer to place said project manual on file for public inspection.
Prepared By: Josh Slattery, Sr. Civil Engineer
Reviewed By: Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact: The estimated cost for this project is $100,000, available in the Annual Bridge
Maintenance & Repair Fund #S3910.
Recommendations: Staff: Approval
Commission: N/A
Attachments: Resolution
Executive Summary:
This agenda item begins the process to bid the Iowa Avenue Bridge Repair Project. The project
involves repairing expansion joints, including edge repair and spall repair along the joints, on the
I owa Avenue bridge over the I owa River.
Background /Analysis:
The 2015 Biennial Bridge Inspection Program identified the need to replace the expansion joints
on the Iowa Avenue Bridge over the Iowa River. The City of Iowa City retained THP Limited for
consulting services to prepare construction documents for these expansion joint improvements.
THP performed site inspections and developed construction documents that were incorporated
into the Parking Garage Maintenance Program and Bridge Repair 2016 Project as a bid alternate.
The bids received for the alternate scope of work were rejected by the City of Iowa City. The City
of Iowa City contracted with THP to produce standalone construction documents to re -bid the
bridge expansion joint repairs. The construction documents have been prepared to allow the bid
process to begin.
Project Timeline:
Set Public Hearing — March 24, 2020
Hold Public Hearing —April 7, 2020
Bid Letting —April 29, 2020
Award Date — May 5, 2020
Construction Start— June 15, 2020
ATTACHMENTS:
Description
Resolution
Prepared by: Josh Slattery, Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)356-5149
Resolution No. 20-75
Resolution setting a public hearing on April 7, 2020 on project
manual and estimate of cost for the construction of the Iowa
Avenue Bridge Repair Project, directing City Clerk to publish
notice of said hearing, and directing the City Engineer to place
said project manual on file for public inspection.
Whereas, funds for this project are available in the Annual Bridge Maintenance and Repair
account # S3910.
Now, therefore, be it resolved by the Council of the City of Iowa City, Iowa, that:
1. A public hearing on the project manual and estimate of cost for the construction of the
above-mentioned project is to be held on the 71 day of April, 2020, at 7:00 p.m. in the
Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next
meeting of the City Council thereafter as posted by the City Clerk.
2. The City Clerk is hereby authorized and directed to publish notice of the public hearing for
the above-named project in a newspaper published at least once weekly and having a
general circulation in the City, not less than four (4) nor more than twenty (20) days before
said hearing.
3. A copy of the project manual and estimate of cost for the construction of the above-named
project is hereby ordered placed on file by the City Engineer in the office of the City Clerk
for public inspection.
Passed and approved this 24th day of March _'2020
or
ved \
Attest:
City Clerk 0City Attorney's Office
It was moved by Taylor and seconded by Mims the Resolution be
adopted, and upon roll call there were:
Ayes:
Nays:
Absent:
Bergus
Mims
Salih
Taylor
Teague
Thomas
Weiner
Item Number: 7.c.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
March 24, 2020
Resolution setting a public hearing for the April 21, 2020 City Council
meeting regarding the FY2021 Iowa Department of Transportation
Consolidated Transit Funding Application for Iowa City Transit.
Prepared By: Darian Nagle -Lamm, Director of Transportation Services
Reviewed By: Ashley Monroe, Assistant City Manager
Fiscal Impact: Permits application for State and Federal transit operating and capital funds
which may require matching funds
Recommendations: Staff: Approval
Commission: N/A
Attachments: Resolution
Executive Summary:
The consolidated transit funding application is an annual application filed with Iowa Department of
Transportation (DOT) listing capital and operating expenses that we wish to see funded by DOT
and the Federal Transit Administration (FTA). The projects contained in the application have been
programmed by Iowa City Transit for FTA Section 5307, 5310 and/or 5339 funds in FY2021. The
projects will be included in the FY2021 Iowa DOT consolidated transit funding application that the
Metropolitan Planning Organization of Johnson County (MPOJC) is completing and in the
FY2019-2022 MPOJC Transportation Improvement Program (TIP). Iowa City Transit may not
seek funding for all of the projects; however, each project needs to be listed in order to be eligible
for funding. The total amount of funds being requested in the funding application is approximately
$25.4 million dollars.
Background /Analysis:
Due to our application for and potential receipt of federal grant funds, we are required to hold a
public hearing so that the public has an opportunity to comment on the funding request. This is an
annual process and we must provide notice prior to the public hearing. The specific allocations for
the funds being applied for are detailed below:
• State Transit Assistance Program: approximately $ 516,813— These are formula funds
for operations awarded to the Metropolitan Planning Organization (MPO) and then
distributed between Iowa City Transit, Coralville Transit and the University of Iowa —
Cambus.
• Federal operating assistance for transit (5307): $ 1,900,000— These are funds
awarded from FTA to provide operational assistance to the transit agency.
• From federal funds for transit in non -urbanized areas and/or for transit serving
primarily elderly persons and persons with disabilities (5310): $ 233,124— These
funds are awarded to Iowa City and committed to para -transit services that are contracted
through a 28E Agreement with Johnson County.
• State-wide federal capital assistance for transit (5339): $22,719,190 — These funds
include all of the capital projects that Iowa City Transit wishes to see funded. This sum
includes replacement and relocation of the transit facility, electric bus replacements and bus
shelters. A local match of 15% - 20% is commonly required for the award of these funds.
ATTACHMENTS:
Description
Transit Funding Application
1.G
Prepared by: Brad Neumann, Assoc. Transp. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5235
Resolution number: 20-76
Resolution setting a public hearing for the April 21, 2020 City Council
Meeting regarding the FY2021 Iowa Department of Transportation
Consolidated Transit Funding Application for Iowa City Transit.
Whereas, the City of Iowa City, Iowa has undertaken to provide its residents with a public
transportation system; and
Whereas, the Iowa Department of Transportation offers financial assistance to local governmental
units for their public transportation systems; and
Whereas, this is an annual process that Iowa City undertakes, outlining federal funds requested for
operating and capital expenses; and
Whereas, the City of Iowa City wishes to apply for financial assistance as noted below and to enter
into related contract(s) with the Iowa Department of Transportation,
From the State Transit Assistance Program:
3.41438696% (approximately $516,813) of Formula Funds;
From federal operating assistance for transit:
$1,900,000;
From federal funds for transit in non -urbanized areas and/or for transit serving primarily
elderly persons and persons with disabilities:
$233,124;
From state-wide federal capital assistance for transit:
$22,719,190; and
Whereas, a public hearing is a requirement for the application and receipt of federal funds.
Now, Therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
1. A public hearing is hereby set for 7:00 p.m. on April 21, 2020, to be held in the Emma J.
Harvat Hall, City Hall, 410 East Washington St., Iowa City, Iowa, or if said meeting is
canceled, at the next meeting of the City Council thereafter as posted by the City Clerk, and
that the City Clerk is hereby directed to cause notice of said public hearing to be published
as provided by law.
Resolution No. 20-76
Page 2
Passed and approved this 24'" day of March, 2020.
May r
Attest: .
City Clerk
It was moved by Taylor and seconded by
adopted, and upon roll call there were:
Ayes:
x
x
Nays:
Ap ved by pp--
��p�o
City Attorney's Office
Mims the Resolution be
Absent:
Bergus
Mims
Salih
Taylor
Teague
Thomas
Weiner
Item Number: 10.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
March 24, 2020
Resolution approving the lease of land at the Waterworks Prairie Park to
MidAmerican Energy Company for a large-scale solar energy system.
Prepared By: Geoff Fruin, City Manager
Reviewed By: Eleanor Dilkes, City Attorney
Ron Knoche, Public Works Director
Ashley Monroe, Assistant City Manager
Fiscal Impact: The City will receive a initial lease payment of $13,440 with a 3% escalator
each year over the thirty to forty year term. A tree mitigation payment of
$25,000 to $30,000 will also be received by the City.
Recommendations: Staff: Approval
Commission: N/A
Attachments: MidAmerican Energy Company Presentation Materials
Site Exhibit
Resolution
Lease Agreement
Executive Summary:
This is a lease of 18.89 acres of land at Waterworks Prairie Park to MidAmerican Energy
Company for the purpose establishing a large-scale solar energy system. The lease term is thirty
years with an additional 10 year option. The annual rental payment will be $13,440 with a three
percent annual escalator. The lease is consistent with the actions called for in Iowa City's Climate
Action and Adaptation Plan.
Background /Analysis:
The City's Climate Action and Adaptation Plan recognizes the importance of partnerships with a
variety of stakeholders. Perhaps most important is the partnership with the community's largest
energy supplier, MidAmerican Energy. The City is in a unique position to partner with
MidAmerican Energy to expand on their commitment to renewable energy in a significant manner.
This lease will enable MidAmerican Energy to install their first large-scale solar project in a
prominent location along Interstate 80 and the popular Waterworks Prairie Park pedestrian trail.
In this lease agreement the City will allow MidAmerican Energy to utilize 18.89 acres of ground to
install a solar energy system that is estimated to generate 3 megawatts of energy. This production
will be tied into the electric grid and generate the equivalent energy consumed by 580 average
Iowa single-family homes. While not tied directly into a City facility, the community will take a
meaningful step forward toward reaching our carbon emission reduction goals through the
expanded use of renewable energy in the MidAmerican Energy service territory.
The ground that is proposed to be leased is non -developable and currently is planted with prairie.
MidAmerican is committing to replacing the existing prairie with low growth perennial vegetation
underneath the solar panels to be approved by the City through a vegetation management plan
submittal prior to the start of operations. MidAmerican and the City working collaboratively with
Applied Ecological Services (The City's Natural Areas Master Plan consultant) and The Centers
of Pollinators in Energy (https://fresh-energy.org/beeslovesolar/) in order to ensure that the
ecological benefits of the property continue to be a priority. We aim to create a statewide model
for the coexistence of renewable energy and natural areas.
In order to maximize use of the solar energy system, the lease agreement allows for the removal
of trees along the 1-80 Iowa Department of Transportation right-of-way and, if needed, select
trees along the west side of the leased area. MidAmerican Energy will pay the City a tree
mitigation fee of $25,000-$30,000 for these removals. The City will use these funds for new
plantings in the community.
MidAmerican Energy will pay the City an annual rent of $13,440 with a 3% annual escalator. The
term of the lease is thirty years with a ten year extension option for MidAmerican Energy.
MidAmerican Energy is responsible for all costs associated with the construction and
maintenance of the solar energy system.
This project will serve as a highly visible sign of the City's commitment to Climate Action. Not only
will the solar energy system be seen from 1-80, it will also be able to viewed by the trail users at
Waterworks Prairie Park. As part of the project, MidAmerican Energy will pay for signage along I-
80 and also pay for and construct an educational wayside near the solar installation, adjacent to
the park. This shelter and seating area will feature signage describing the solar partnership and
both MidAmerican Energy's and the City's commitment to Climate Action. Through this
educational effort we hope that we can inspire others viewing the installation to consider
renewable energy or other climate actions in their home or business.
City staff views this project as a significant step forward toward our Climate Action goals. It
exemplifies the types of partnerships that will be needed to achieve our goals and creates a
prominently featured example that will serve to educate and inspire further actions in the
community. With Council approval, MidAmerican Energy plans to start work on the installation in
2020.
ATTACHMENTS:
Description
MidAmerican Energy Presentation Materials
Site Exhibit
Resolution
Lease Attachment
Council correspondence: Lynette Marshall
Council correspondence: Miriam Kashia
Council correspondence: James Ankrum
Council correspondence: Gail Bishop
Council correspondence: Charlene Lange
Council correspondence: Carol deProsse
Council correspondence: Laurie Crawford
Council correspondence: Viana Rockel
Council correspondence: Patricia Ryan
Council correspondence: Casey Mahon
Council correspondence: Stephen Locher
Council correspondence: Sue O'Dorisio
Council correspondence: Kim Palmer
Council correspondence: Darrow Center [Staff response included]
Council correspondence: Liz Moore
Council correspondence: Robert Sessions
Council correspondence: Feather Lacy
PRESENTATION TO FOLLOW:
By:
Adam Jablonski, MidAmerican Energy
10.
� r
CITY OF IOWA CITY
410 East Washington Strect
Iowa City, Iowa 52240-1826
(3 19) 356-5000
(3 19) 356-5009 FAX
www. icgov. o rg
Project Information
• 3 megawatts
• Over 10,000 solar panels
• Will produce enough electricity to
power approximately 580 average
Iowa homes annually
• Annual lease payments ($13,440.00)
and tax payments (estimated at
$3,000) to Iowa City
• Part of MidAmerican Energy's plan to
provide 100% renewable energy to
our customers through our
GreenAdvantage program
• MidAmerican Energy's first solar
project
P- ..
Why was this location chosen?
• Large, open and relatively flat area
conducive to a large solar project —
few large, unimproved areas were
available for solar on City -owned
property to accommodate this
partnership with the City
• Proximity to local electrical
distribution system so that the
electricity can be used locally
• Highly visible to the public which
will help raise awareness of the
project, renewable energy and its
associated environmental benefits
• Ability to use single -axis tracking
which will have more energy
production as compared to fixed tilt
z
Prairie Restoration
• Once the project is constructed the
site will be reseeded with a
pollinator -friendly prairie seed mix
• MidAmerican Energy is working
with Applied Ecological Services
and the Center for Pollinators in
Energy to create a seeding mix and
a vegetation management plan,
which must be approved by the
City
• An educational rest area will be
installed by MidAmerican Energy to
highlight the positive benefits of the
project and how the solar energy
system works
PRESENTATION CONCLUDED
ar
% 04
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-[826
(3 19) 356-5000
(3 19) 356-5009 FAX
www.icgov.org
Y
m
SITE EXHIBIT a
TTa���TTT��T TT�a� �oT� N LL ALMU5 0 00U)
OOf
LEGENDU.
_
_ ` i
� CONSTRUCTION TRAFFIC INGRESS/EGRESS 3 Z
f LL
01
m U
X X TEMPORARY PATH CLOSURE tis m
4yT poODODODO
a
TEMPORARY CONSTRUCTION AREA'
't. f
r .
N
a a 7 W u t6
} ! � Q
c
tiO
u Q _
cl N
t z Q—
a0 p a
n W M
o U rn
(n
� � M
W
'; i� 7777777 7777777 � �.
W
O
LLJ co
N Zco
W
ca
LEASE AREA, U
3 W m w
W
0 W Z
cn
"A
0 300
SNYDER
&ASSOCIATE S
IA-80
SCALE (FEET)
Project No: 1190998
` 'r Sheet 1 of 1
Deferred to 4/7/20
Prepared by: Eleanor M. Dilkes, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
Resolution No.
Resolution approving the lease of land at the Waterworks Prairie Park
to MidAmerican Energy Company for a large-scale solar energy system
Whereas, city staff has negotiated a lease of 18.89 acres of land at Waterworks Prairie Park to
MidAmerican Energy Company for the purpose of establishing a large-scale solar energy system;
and
Whereas, the lease term is thirty years with an option for MidAmerican to extend the term for an
additional ten years; and
Whereas, the lease is consistent with the actions called for in Iowa City's Climate Action and
Adaptation Plan; and,
Whereas, the annual rental payment will be $13,440 with a 3 percent annual indicator, which
represents fair rental value as determined by a review of comparable leases; and
Whereas, following the public hearing, the City Council finds that it is in the public interest to lease
said land to MidAmerican Energy for use as a large-scale solar facility; and
Now, therefore, be it resolved by the City Council of Iowa City, Iowa, that:
1. The Mayor is authorized to execute and the City Clerk to attest to the lease of land at
Waterworks Prairie Park to MidAmerican Energy Company for the purpose of establishing a
large-scale solar energy system, as attached hereto, at an annual rent of $13,440 with a 3%
annual escalator
2. The City Manager is authorized to enter into amendments to said lease.
Passed and approved this day of .2020.
MAYOR
Approved by
? - �) - d o ATTEST:
City Attorney's Office
CITY CLERK
10.
SOLAR LAND LEASE
(Waterworks Solar Project)
THIS SOLAR LAND LEASE (Waterworks Solar Project) (this "Lease") is entered into as of the Effective
Date by and between Lessor and Lessee. Lessor and Lessee are sometimes herein together referred to as the
"Parties" and individually as a "Party". For good and valuable consideration, the receipt and adequacy of which
are hereby acknowledged, Lessor and Lessee hereby agree as follows:
1. Definitions. The following terms shall have the following meanings when capitalized in this Lease:
1.1 "Lessor" City of Iowa City, Iowa
1.2 "Lessor's Address" City of Iowa City
c/o City Manager
410 E. Washington St.
Iowa City, IA 52240
With Copies to:
City Attorney and City Clerk
410 E. Washington St.
Iowa City, IA 52240
Primary Phone: 319-356-5000
1.3 "Property" That certain real property located in Iowa City (the
"City") in Johnson County, State of Iowa (the
"County"), being approximately 18.89 acres and
described in Exhibit A (attached hereto and
incorporated herein by this reference), as the same
may be modified from time to time as provided by
the Lease.
1.4 "Lessee" MidAmerican Energy Company, an Iowa
corporation
1.5 "Lessee's Address" MidAmerican Energy Company
4299 Northwest Urbandale Drive
Urbandale, Iowa 50322
Attention: Vice President — Generation
Phone: (800) 632-0999
1.6 "Effective Date" .2020.
1.9 "Term" See Section 3
1.10 "Annual Rent" See Section 4
1.11 "Project" The solar generation project commonly referred to
as the "Waterworks Solar Project" and located in
Johnson County, Iowa.
1.12 "Parent Property" That certain real property located in the County and
contains the Property and which is described in
Exhibit B (attached hereto and incorporated herein
by this reference).
-1-
Waterworks Solar — Iowa City
2. Agreement to Lease. Lessor hereby leases to Lessee and its successors and assigns for the Term, as
defined below, the Property for the following rights and purposes:
2.1 The exclusive right for solar energy conversion, for the collection, distribution and transmission of
electric power, and for related and incidental purposes and activities (collectively, "Operations"), including,
without limitation:
(a) conducting studies of solar radiation, solar energy, soils, and other meteorological and
geotechnical data;
(b) constructing, reconstructing, erecting, installing, improving, replacing, relocating and
removing from time to time, and maintaining, using, monitoring and operating, existing, additional
or new (i) individual units or arrays of solar energy collection cells, panels, mirrors, lenses and
related facilities necessary to harness sunlight for photovoltaic energy generation, including without
limitation, existing and/or future technologies used or useful in connection with the generation of
electricity from sunlight, and associated support structure, braces, wiring, plumbing, and related
equipment ("Solar Energy Facilities"), (ii) electrical transmission and distribution facilities,
including without limitation, overhead and underground transmission, distribution or collector lines,
circuit breakers, meters, conduit, footings, towers, poles, crossarms, guy lines, anchors, cabling
and wires, (iii) overhead and underground control, communications and radio relay systems, (iv)
substations, interconnection and/or switching facilities and electric transformers and transformer
pads, (v) energy storage facilities, (vi) meteorological station and solar energy measurement
equipment, (vii) control buildings, control boxes and computer monitoring hardware, (viii) utility
installation, (ix) safety protection facilities, (x) maintenance yards, (xi) roads and erosion control
facilities, (xii) signs and fences, and (xiii) other improvements, fixtures, facilities, machinery and
equipment associated or connected with the generation, conversion, storage, switching, metering,
step-up, step-down, transmission, distribution, conducting, wheeling, sale or other use or
conveyance of electricity (all of the foregoing, including the Solar Energy Facilities, collectively a
"Solar Energy System" or "Improvements";
(c) A non-exclusive right for the development, erection, installation, construction,
improvement, interconnection, reconstruction, enlargement, removal, relocation, replacement and
repowering, and the use, maintenance, repair and operation of, facilities for the storage, collection,
distribution, step-up, step-down, wheeling, transmission and sale of electricity and for
communications in connection with the Solar Energy System, including the following, at such
locations as Lessee shall determine that are developed, constructed and/or operated on the
Property and/or on property to be acquired by leasehold or by fee purchase, by or on behalf of
Lessee: underground and/or overhead distribution, collection and transmission lines; underground
and/or overhead control, communications and radio relay systems and telecommunications
equipment; energy storage facilities; interconnection and/or switching facilities, circuit breakers,
transformers; cables, wires, fiber, conduit, footings, foundations, towers, poles, crossarms, guy
lines and anchors, and any related or associated improvements, fixtures, facilities, appliances,
machinery and equipment to grant access to third parties for transmission access (collectively, the
"Transmission Facilities");
(d) Removing, trimming, pruning, topping or otherwise controlling the growth of any tree,
shrub, plant or other vegetation; dismantling, demolishing, and removing any improvement,
structure, embankment, impediment, berm, wall, fence or other object, on or that intrudes (or upon
maturity could intrude) into the Property that could obstruct, interfere with or impair the Solar Energy
System or the use of the Property intended by Lessee hereunder. Removal of intrusions that are
located on the Parent Property require the written permission of Lessor. In the event that Lessee
removes any trees on the Property or immediately south of the Property within the Iowa Department
of Transportation right of way in connection to the initial construction of the Solar Energy System,
Lessee shall pay a tree removal mitigation fee of $25,000 to Lessor within forty-five (45) days of
the Operations Date (defined below); Lessee will be responsible for obtaining the necessary permit
-2-
Waterworks Solar — Iowa City
from The Iowa Department of Transportation to clear trees to the South of the Property on 1-80 right
of way. In the event that Lessee removes any trees immediately west of the Property on either
side of the current existing bike path in connection to the initial construction of the Solar Energy
System, Lessee shall pay a tree removal mitigation fee of $5,000 to Lessor within forty-five (45)
days of the Operations Date.
(e) A non-exclusive easement for vehicular and pedestrian access, ingress and egress to,
from and over the Property and Parent Property as follows — Access to and from the Property will
be via the Water Plant north parking lot automatic gate with RFID badge access and the manually
operated well field access gate on the west end of the Water Plant north parking lot. Lessor agrees
to provide Lessee with one badge for access via the north parking lot automatic gate and to allow
the manually operated well field access gate to be doubled locked with Lessee provided
padlock. Access to the Property outside of normal working hours (normal working hours are
Monday through Friday from 7 a.m. to 5 p.m.) or extended access to the Property for activities that
last more than one day must be communicated to the Water Plant for security purposes. Provided
however, that Lessor recognizes that exigent circumstances may require Lessee to access the
Property with limited or no notice, and Lessor shall not prevent Lessee from accessing the Property
on the basis that Lessee has provided insufficient notice.
(f) A non-exclusive right to extract soil samples, perform geotechnical tests, and conduct such
other tests, studies, inspections and analysis of or on the Property as Lessee deems necessary,
useful or appropriate; and
(g) undertaking any other lawful activities, whether accomplished by Lessee or a third party
authorized by Lessee, that Lessee determines are necessary, helpful, appropriate or convenient in
connection with, incidental to or to accomplish any of the foregoing purposes.
(h) Notwithstanding anything herein to the contrary, Lessee shall not install any overhead
component or facility without Lessor's approval. Provided however, Lessee shall be allowed to
replace any existing component or facility without approval.
3. Term.
3.1 The term of this Lease (the "Term") begins on the Effective Date and terminates upon the earlier
of: (a) thirty (30) years after the Effective Date or (b) the date this Lease is terminated as permitted herein
or by operation of law. This Lease shall not terminate solely because of abandonment or nonuse except as
provided herein.
3.2 Lessee shall use its best efforts to complete the construction of the Solar Energy System on the
Property. Lessee's interest under this Lease shall terminate and all payments hereunder shall be forfeited
in the event the Operations Date has not occurred on or before the second (2nd) anniversary of the Effective
Date. Such failure shall be considered an event of Default and Lessor shall have available all remedies set
forth herein.
3.3 Lessee shall have the preferential right upon written notice to Lessee, not less than 180 days before
expiration of the initial Term, to extend the Term for an additional period of ten (10) years ("Extended
Term"). Lessee grants Lessor permission to record in the Johnson County records a notice of such
extension.
4. Payments to Lessor.
4.1 Annual Rent. Lessee shall pay Lessor an annual rental payment ("Annual Rent") of Thirteen
Thousand Four Hundred Forty and no/100 Dollars ($13,440.00) which such Annual Rent shall be payable
prospectively on an annual basis as follows: the initial annual payment of the Annual Rent shall be made
by Lessee to Lessor on the Effective Date and subsequent annual payments of the Annual Rent shall be
-3-
Waterworks Solar — Iowa City
paid by Lessee to Lessor on or before the anniversary of the Effective Date for and during the Term and
the Extended Term (if applicable), unless the Lease is terminated earlier by either Party in accordance with
the terms of this Lease. After the end of the term of this Lease, Lessee shall pay to Lessor the Annual Rent
until the Solar Energy System is physically removed in its entirety from the Property in accordance with the
terms of this Agreement.
4.2 Rent Escalation. Commencing on the first anniversary of the Effective Date, such Annual Rent
shall be adjusted upwards by three percent (3%) per year on a compounded basis.
4.3 Operations Date. For purposes of this Lease, the "Operations Date" shall mean the date upon
which net electricity is regularly generated (excluding start-up and testing of the Solar Energy System) by
the Project to purchasers of generated electricity or used as part of the Solar Energy System. This Lease
shall not be construed as imposing upon Lessee any obligation to commence or continue generating any
particular quantity of electricity or derive any particular amount of receipts therefrom at any time.
4.4 Annual Rent Prorations. Lessee agrees that the Annual Rent payments shall not be prorated and
therefore once made, shall not be refundable, in whole or in part, if Lessee elects not to construct or operate
a Solar Energy System on the Property.
4.5 Credits. Lessee shall be exclusively entitled to apply for, collect, receive, and obtain the benefit of
all credits, set -offs, payments or other consideration arising out of the electrical energy generated by the
Solar Energy System and the sale, transportation and distribution of such energy including, without
limitation, (i) federal, state and local production tax credits, governmental subsidies, production incentive
payments and other renewable energy credits, (ii) green pricing programs, green tags, renewable energy
credit trading programs, nor proceeds received from the sale of environmental attributes (e.g., renewable
energy or carbon credits) and (iii) environmental air quality credits, emission credits, greenhouse gas
reduction credits, environmental set -offs and similar benefits (collectively "Credits"). Lessor shall
reasonably assist Lessee in applying for and receiving such Credits.
4.7 Form W-9. Within fifteen (15) days after the Effective Date, Lessor shall deliver to Lessee a fully
completed and executed Form W-9 (Request for Taxpayer Identification Number and Certification) (the
"Form W-9"); provided, further, that Lessor shall deliver to Lessee fully completed and executed updates
to the Form W-9 as may be reasonably requested by Lessee within fifteen (15) days following any such
request.
4.3 Late Payments. If Lessee fails to make any payment to Lessor required of it hereunder when due,
interest shall accrue on the overdue amount, from the date overdue until the date paid, at a rate equal to
the sum of four percent (4%) per annum, provided that in no event shall such interest exceed the maximum
rate permitted by Law.
5. Use of Premises.
5.1 Lessee's Rights to Upgrade Facilities. The Parties agree that solar energy technologies are
improving at a rapid rate and that it is probable that Lessee may from time to time (although Lessee shall
not be required to) replace existing Solar Energy Facilities on the Property with newer model or design
Solar Energy Facilities which have increased energy capture and efficiency. Lessor grants Lessee the right
to replace any existing Solar Energy Facilities on the Property with newer model or design Solar Energy
Facilities which have increased energy capture and efficiency, provided however, that Lessee shall have
no obligation to replace any part of the Solar Energy Facilities on the Property, and provided however that
Lessee shall at all times have the obligation to maintain the Property as set forth in Section 5.16.
5.2 Ingress and Egress. This Lease includes the right of ingress to and egress from the Solar Energy
System over, under, and along the Property and Parent Property by means of any existing roads and lanes
thereon, and, with the written permission of Lessor, by such other route or routes as Lessee may construct
on the Property from time to time, for the benefit of and for purposes incidental to Operations on the Property
-4-
Waterworks Solar — Iowa City
and to Improvements that are developed, constructed and/or operated on the Property, and on other
property to be acquired by leasehold, easement or by fee simple purchase, by or on behalf of Lessee, as a
single integrated Solar Energy System to generate and deliver electrical power to purchasers of such
power, and for the benefit of and for purposes incidental to Operations, activities and projects on lands
other than the Property.
5.3 Exclusive Use. Lessee shall have the sole and exclusive right to convert all of the solar resources
of and to conduct Operations on the Property. Lessor shall not grant any rights in the Property purporting
to permit others to conduct Operations on the Property in derogation of Lessee's sole and exclusive right
to conduct Operations on the Property. Without the prior written consent of Lessee, Lessor shall not (i)
waive any right available to Lessor or grant any right or privilege subject to the consent of Lessor by law or
contract, including without limitation any environmental regulation, land use ordinance or zoning regulation,
with respect to setback requirements, noise limitations or other restrictions and conditions respecting the
placement of Solar Energy Facilities and other equipment ancillary to Operations on parcels adjacent to or
in the vicinity of the Property or (ii) grant, confirm, acknowledge, recognize or acquiesce in any right claimed
by any other person to conduct Operations on the Property whether arising in judicial proceedings or
otherwise and Lessor agrees to give Lessee notice of any such claims or proceeding with respect to such
claims and to cooperate with Lessee in resisting and disputing such claims.
5.4 Security; Lessor's Access. Lessee shall provide an access security gate, a black vinyl coated
perimeter security fence, or some other mutually agreed upon type of perimeter security fence, and all
additional security measures reasonably necessary, in Lessee's opinion, including, if reasonably necessary,
warning signs, closed and locked gates, fencing and other measures appropriate and reasonable to protect
against damage or destruction of Lessee's Solar Energy Facilities and other Improvements or injury or
damage to persons or property on the Property. Lessor or Lessor's agents, representatives, or employees
shall have the right whenever necessary and without notice to enter upon the Property for the purpose of
repairing, maintaining or replacing Lessor's infrastructure located on the Property and repairing, maintaining
or replacing the Parent Property adjacent to or abutting the Property.
5.5 Damages to Property. During the Term, Lessee agrees to repair any physical damage to Lessor's
tangible property located on the Property or Parent Property to the extent such damage is directly caused
by Lessee's construction, installation, operations, maintenance or removal of the Solar Energy System.
Lessor shall promptly notify Lessee in writing of any damage that Lessor claims is Lessee's responsibility
under this Lease, and provide Lessee with reasonable evidence of the cause and extent of such damage.
Upon receipt of such notice, Lessee shall promptly investigate and make the repair to the extent Lessee is
responsible under this Lease. For any repairs required to be made by Lessee under this Lease, Lessee
shall repair such damaged property to substantially the same condition of the property existing immediately
before being damaged. If such repair is not possible, as reasonably determined by Lessor, Lessee will
replace the damaged property.
5.6 Construction Related Access. Lessee shall have the right, after consultation with and approval in
writing by the Lessor, to utilize the Parent Property for temporary storage or staging and to temporarily
restrict public access to certain areas of the Parent Property during the construction, reconstruction,
erection, installation, improvement, replacement, relocation and removal of the Solar Energy System from
time to time. Nothing contained within this section shall restrict Lessor's access or general use of the Parent
Property. The initial temporary construction easement areas and the temporary path closure delineation
shown on the attached Exhibit D are approved by Lessor subject to the execution of a temporary
construction easement agreement which will be substantially similar to Exhibit E.
5.7 Electric Line Easement. Lessee will use its best efforts to obtain the necessary permits from the
Iowa Department of Transportation to cross the interstate with electric and communication lines and
connect to the overhead line along the south side of Interstate 80. In the event that such a connection is
not viable, Lessor agrees to grant Lessee an underground electric line easement, on terms and conditions
agreeable to both Parties, across the Parent Property for the installation, maintenance and use of
underground electric and communication lines.
-5-
Waterworks Solar — Iowa City
5.8 Ground Cover. Prior to the Operations Date, Lessee shall provide Lessor for its approval, which
approval shall not be unreasonably be withheld, a vegetation management plan which will include a plan
for the establishment and ongoing maintenance of low growth perennial vegetation within the Property
where no above ground improvements are located. Once installed, the ground cover shall be maintained
in good condition and appearance and in accordance with the vegetation maintenance program approved
by the Lessor.
5.9 Rest and Educational Area. Lessee shall construct a rest and educational area on the Parent
Property in the location shown on Exhibit F attached hereto or at another location approved by Lessor. The
design and function must be approved in writing by Lessor. After construction by Lessee and acceptance
by Lessor in writing the rest and educational area shall be owned, maintained and controlled by Lessor.
5.10 Signage. All proposed signs, including those on the 1-80 right-of-way must be approved by the
Lessor. Lessee will secure the approval of the Iowa Department of Transportation (IDOT) for any signage
which requires IDOT's approval.
5.11 Lighting. All lighting shall be directed away from adjacent properties and shall be positioned to
eliminate glare on streets and highways. No neon lights, intermittent or flashing lights shall be allowed. Only
shaded light sources shall be used to illuminate signs, facades, buildings, parking and loading areas. All
lighting must be approved by Lessor prior to installation.
5.12 Restrictions
(a) Prohibited Uses. No use of the Property shall be permitted which is offensive by reason
of odor, fumes, dust, smoke, noise, or other pollution, nor shall any use be permitted which is
hazardous by reason of excessive danger of fire or explosion, which may be injurious to any
property or persons on or about the Parent Property or that is in violation of the applicable laws or
regulations of any governmental authority. Lessor agrees that construction -related odors, fumes,
dust, smoke, or noise shall not be deemed offensive. For purposes of these restrictions, any odor
which is noticeable at the perimeter of the Property and any dust, smoke or other airborne pollutants
visible shall be considered offensive. Any noise shall be considered offensive if audible above 60
decibels (d.b.a.) at the perimeter of the Property.
(b) Wellhead Protection. Lessee's use of the Property and any use of the Parent Property
during construction shall comply with all drinking water wellhead protections required by law,
including those set forth in Iowa Administrative Code 567, Chapter 43, as now existing or
hereafter amended. Lessor acknowledges and agrees that transformers are considered above
ground chemical storage within the meaning of said section of the Iowa Administrative Code and
must be sited more than 200 feet from the nearest wellhead and use 100% food grade non -PCB
oil. Lessee shall use no herbicides. Lessor shall submit a chemical cleanup protocol to the City on
or before the Operations Date. Lessor reserves the right to develop raw water resources to the
extent doing so would not diminish Lessee's rights under this Lease.
(c) Setbacks. Lessee shall not place any Solar Energy Facilities within ten (10) feet of the
existing 10 -inch diameter water main on the Property or within ten (10) feet of the bike path.
5.11 Hazardous Materials. No Hazardous Materials of any kind shall be stored on or disposed of on the
Property. As used herein, Hazardous Materials shall mean:
(a) Any "hazardous waste" as defined by the Resource Conservation and Recovery Act of
1976, as amended from time to time, and rules or regulations promulgated thereunder;
(b) Any "hazardous substance" as defined by the Comprehensive Environmental Response
Compensation and Liability Act of 1980, as amended from time to time, and rules or regulations
promulgated thereunder;
Waterworks Solar — Iowa City
M Any oil, petroleum products, and their byproducts; and
(d) Any substance which is regulated by any federal, state, or local governmental authority or
that is the subject of any law, rule or regulation.
5.12 Nuisances. No act constituting a nuisance as defined under the provision of Chapter 657, Code
of Iowa, the City Code of the City of Iowa City or the common law of Iowa, shall be permitted.
5.13 Construction Site Standards. Construction and the conduct thereof shall comply with all
governmental requirements as to health and safety and shall meet the standards set forth herein and as
set forth by City ordinance. Such standards shall cover, but not be limited to, the restrictions contained
herein and additional regulations concerning erosion control, parking for construction workers, office trailers
on the lot, material storage, location of telephones and vending machines, security design, location and
disposal of sewage during construction, cleaning and policing of the construction site and protection of
streets, street right of ways and property adjoining the building site. Said requirements may vary depending
on size, location and topography of a lot. During the course of construction, Lessee, its agents, and
contractors shall keep mud, dirt, debris and building materials off of all City roads and other lots. No
temporary building, job trailers or the like shall be permitted on the lot except those incident to construction..
When the construction of a project is once begun, work thereon shall be prosecuted diligently and
continuously until full completion.
5.14 Parking. Parking is not permitted on the Property except when associated with the Operations of
the Solar Energy System.
5.15 Surrender of Property. Upon the expiration or earlier termination of this Agreement, Lessee shall
peaceably and quietly leave, surrender and return the Property to Lessor. Lessee agrees and hereby
covenants to dismantle and remove all physical material related to the Solar Energy System owned or
installed by Lessee or its affiliates on the Property to a depth of forty-eight (48) inches below the surface of
the ground and shall be covered with soil, within one hundred eighty (180) days after the date of such
expiration or earlier termination of this Agreement; and Lessee shall have a continuing easement to enter
the Property for such purposes during such one hundred eighty (180) day period. In addition to any other
remedies available to Lessor, should Lessee fail to remove such Solar Energy System within such one
hundred eighty (180) day period, any and all Solar Energy System facilities remaining on the Property
beyond such one eighty (180) day removal period shall be deemed abandoned to Lessor and Lessee
hereby agrees to relinquish any and all rights to the same and free and clear of any liens of mortgages,
deeds of trust, liens of mechanics, laborers or materialmen, and all other liens and encumbrances other
than any such liens and encumbrances incurred by Lessor. No such relinquishment shall cause Lessee to
be released from its obligation to pay for the costs of removal of such property as provided in this Section
5.15.
5.16 Maintenance. Lessee shall, throughout the Term, at its sole cost and expense, maintain the
Property and all buildings and improvements at any time erected thereon, any unimproved portion of the
Property and all Personal Property installed therein, in good repair and in a safe, clean, sightly and sanitary
condition. In the event that Lessee, in Lessor's reasonable judgment, fails to comply with its repair and
maintenance obligations under this Section 6.04, and such failure shall continue and not be cured for a
period of thirty (30) days after written notice by Lessor to Lessee, Lessor may, but shall not be obligated to
perform all repairs and maintenance which in Lessor's reasonable judgment is required to bring the
Property, Lessee's Improvements and Personal Property into compliance with the repair and maintenance
standards of this Section 5.16.
5.17 Compliance with Legal Requirements. Lessee shall, throughout the Term, at its sole cost and
expense, promptly comply with all applicable laws, ordinances and regulations of governmental entities
having jurisdiction over the Property (including, but not limited to all local zoning use restrictions and
requirements), and all policies of insurance applicable to the Property (collectively, "Legal Requirements").
Lessee shall not conduct or permit any person to conduct any unlawful activity on the Property or any use
or activity in violation of (a) any Legal Requirements, including but not limited to zoning or other land use
-7-
Waterworks Solar — Iowa City
laws or ordinances, or (b) any private restrictive covenants applicable to the Real Estate. Furthermore,
Lessee shall not cause or allow any activity which causes air, water, soil or noise pollution, which would
violate any Legal Requirements or which would otherwise constitute a nuisance or reasonably objectionable
intrusion into or interference with the use of any surrounding property.
5.18 Non -Discrimination. Lessee covenants, in consideration of the right to lease property at
Waterworks Prairie Park, that Lessee, its employees, and agents shall not discriminate against any person
in employment or public accommodation because of race, religion, color, creed, gender identity, sex,
national origin, sexual orientation, mental or physical disability, marital status or age. "Employment" shall
include but not be limited to hiring, accepting, registering, classifying, upgrading, or referring to employment.
"Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges
and advantages to the public.
6. Lessor's Representations and Warranties.
6.1 Authority and Execution. Each person executing this Lease on behalf of Lessor represents and
warrants that such person is duly and validly authorized to do so and that Lessor has the full right and
authority to enter into this Lease, perform all of its obligations hereunder and grant the interests herein
granted.
6.2 Covenants of Title. Without limiting the obligations set forth in Section 7, Lessor represents and
warrants to Lessee that it owns the Property in fee simple, subject to no liens or encumbrances. Lessor
and Lessee shall record, at Lessee's option, a memorandum of this Lease in the form attached hereto as
Exhibit C in the real estate records of the County.
6.4 Certification That Lessor Not Acting For Terrorist Group. Lessor certifies that it is not acting,
directly or indirectly, for or on behalf of any person, group, entity or nation named by any Executive Order
or the United States Treasury Department as a terrorist, "Specially Designated National and Blocked
Person," or any other banned or blocked person, entity, nation or transaction pursuant to any law, order,
rule or regulation that is enforced or administered by the Office of Foreign Assets Control; and Lesser is
not engaged in this transaction, directly or indirectly on behalf of, any such person, group, entity or nation.
Lesser hereby agrees to defend, indemnify and hold harmless Lessee from and against any and all claims,
damages, losses, risks, liabilities and expenses (including attorney fees and costs) arising from or related
to any breach of the foregoing certification.
7. Further Assurances; Cooperation. Lessor shall, as it determines reasonable, fully support and cooperate
with Lessee in the conduct of its Operations and the exercise of its rights under this Lease. Within thirty
(30) days after receipt of a written request made from time to time by Lessee, Lessor shall: (i) enter into
any reasonable amendment hereto to correct an error in this Lease or to amend the legal description
attached hereto, including replacing said legal description with a revised description prepared or provided
by Lessee's surveyor or title company; (ii) execute and deliver to Lessee any owner's affidavit reasonably
requested by any title company or attorney reviewing title to the Property; (iii) enter into any reasonable
consent and subordination and non -disturbance agreement with any Lender, as defined in Section 14.1,
stating that Lessor shall recognize the rights of the Lender and not disturb its possession of the Property
so long as it is not in default under this Lease, and stating such other things as such Lender may reasonably
request; and (iv) if because of the nature of this Lease Lessee is unable to qualify for any tax credit or
similar benefit associated with the Solar Energy System or in connection with its Operations, amend this
Lease to assure that Lessee will receive such credits and benefits (but only if such amendment does not
materially adversely affect Lessor's reasonable out-of-pocket expenses incurred by Lessor in connection
with Lessor's cooperation pursuant to the provisions of this Section).
8. Requirements of Governmental Agencies. Lessee shall comply in all material respects with all valid laws
applicable to the Solar Energy System, but shall have the right, in its sole discretion and at its sole expense,
to contest the validity or applicability of any law, ordinance, order, rule or regulation of any governmental
agency or entity. Lessor shall cooperate with Lessee in such contest as Lessor determines reasonable.
-8-
Waterworks Solar — Iowa City
9. Liens. Lessor and Lessee shall keep the other's interest in the Property free and clear of all liens and
claims of liens for labor and services performed on, and materials, supplies and equipment furnished in
connection with Lessor's or Lessee's (as applicable) use of the Property, subject to Lessor's and Lessee's
(as applicable) right to contest such liens and claims. If Lessor or Lessee (as applicable) wishes to contest
any such liens or claims, such Party shall, within sixty (60) days after it receives notice thereof, provide a
bond or other security as the other Party may reasonably request, or remove any such liens from the
Property pursuant to applicable law.
10. Indemnity. To the extent not expressly prohibited by law, Lessee agrees to indemnify, save, protect and
hold forever harmless, Lessor, its agents, employees and officials (collectively "Lessor's Indemnities"), from
and against all losses, damages, costs, claims and liabilities, including, without limitation, court costs and
reasonable attorney's fees and expenses, which Lessor's Indemnitees, or any of them, may become liable
or obligated by reason of, resulting from or in connection with: (a) any injury to or death of persons and
damage to, or theft, misappropriation or loss of property occurring in or about the Property or the Property
arising from Lessee's use and occupancy of the Property and/or the conduct of its business; (b) any activity,
work or thing done, permitted or suffered by Lessee in or about the Property, including all liabilities of every
kind or description which may arise out of or in connection therewith; and (c) any breach or default on the
part of Lessee in the payment or performance of any covenant, agreement or obligation on the part of
Lessee to be paid or performed pursuant to the terms of this Lease or any other act or omission of Lessee,
its agents or employees. In case of any action or proceeding brought against Lessor's Indemnitees, or any
of them, by reason of any such claims, Lessee covenants to defend such action or proceeding by counsel
reasonably satisfactory to Lessor and/or any particular Lessor's Indemnitee. To the extent not expressly
prohibited by law, Lessor agrees to indemnify, save, protect and hold forever harmless Lessee, its partners,
agents and employees (collectively "Lessee's Indemnities"), from and against all losses, damages, costs,
claims and liabilities, including, without limitation, court costs and reasonable attorney's fees and expenses,
which Lessee's Indemnitees, or any of them, may become liable or obligated by reason of, resulting from
or in connection with: (a) any injury or death of persons and damage to, or theft, misappropriation, or loss
of property arising from Lessor's infrastructure located on the Property or lessor's repair, maintenance or
replacement or said infrastructure or the Parent Property. (b) any breach or default on the part of Lessor in
the performance of any covenant, agreement or obligation on the part of Lessor to be performed pursuant
to the terms of this Lease or any other act or omission of Lessee, its agents or employees. In case of any
action or proceeding brought against Lessor's Indemnitees, or any of them, by reason of any such claims,
Lessor covenants to defend such action or proceeding by counsel reasonably satisfactory to Lessor and/or
any particular Lessee's Indemnitee.
11. Environmental Conditions
11.1 Definitions. As used in this Lease, the phrase "Environmental Condition" shall mean: (a) any
adverse condition relating to surface water, ground water, drinking water supply, land, surface or
subsurface, strata or the ambient air, and includes, without limitation, air, land and water pollutants, noise,
vibration, light and odors, or (b) any condition which may result in a claim of liability under the
Comprehensive Environmental Response Compensation and Liability Act, as amended, or the Resource
Conversation and Recovery Act, or any claim of violation of the Clean Air Act, the Clean Water Act, the
Toxic Substance Control Act, or any claim of liability or of violation under any federal statute hereafter
enacted dealing with the protection of the environment, or under any rule, regulation, permit or plan under
any of the foregoing, or under any law, rule or regulation now or hereafter promulgated by the state in which
the Property are located, or any political subdivision thereof, relating to such matters (collectively
"Environmental Laws").
11.2 Compliance by Lessee. Lessee shall, at all times during the Term, comply with all Environmental
Laws applicable to the Property and shall not, in the use and occupancy of the Property, cause or contribute
to, or permit or suffer any other party to cause or contribute to any Environmental Condition.
11.3 Lessee's Indemnity. Lessee will protect, indemnify and save harmless the Lessor, the partners of
the Lessor, and all of the foregoing's respective partners, agents and employees (collectively "Lessor's
Indemnitees"), from and against all liabilities, obligations, claims, damages, penalties, causes of action,
Waterworks Solar — Iowa City
costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) of whatever
kind or nature, contingent or otherwise, known or unknown, incurred or imposed, based upon any
Environmental Laws or resulting from any Environmental Condition occurring or contributed to during the
term of this Lease. In case any action, suit or proceeding is brought against any of the parties indemnified
herein by reason of any occurrence described in this Section 15.03, Lessee will, at Lessee's expense, by
counsel reasonably approved by Lessor, resist and defend such action, suit or proceeding, or cause the
same to be resisted and defended.
12. Lessee's Insurance. At all times during which Lessee is conducting any activities on the Property, and at
all times during the Term of this Lease, Lessee shall, at its own cost and expense, obtain and maintain in
effect (1) Commercial General Liability insurance, including bodily injury and property damage coverage
with minimum limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars
($2,000,000) aggregate and (2) Umbrella Liability Insurance with minimum limits of Five Million Dollars
($5,000,000) per occurrence and Five Million Dollars ($5,000,000) aggregate; (3) Automobile Liability
Insurance (bodily injury and property damage) One Million Dollars ($1,000,000) combined single limit; (4)
worker's compensation insurance as required by Chapter 85, Code of Iowa. In the event Lessee is a
regulated utility, any or all insurance required of Lessee by this provision may be provided by self-insurance
or through a program of self-insurance Lessee shall name the Lessor and the City of Iowa City as additional
insureds. Lessee shall deliver to the Lessor, within thirty (30) days of execution of this lease agreement,
Certificates of Insurance, naming the Lessor and the City of Iowa City, Iowa as additional insureds. Lessee
shall provide thirty (30) days' notice to the Lessor before cancellation of said insurance. Subrogation rights
are not to be waived unless a special provision is attached to this lease.
13. Successors and Assigns. This Lease shall inure to the benefit of, and be binding upon, Lessor and
Lessee, and their respective heirs, successors and assigns. Lessor may sell, mortgage, transfer or lease
the Property to others. However, any such sale, mortgage, lease or transfer by Lessor shall be subject to
this Lease and any modifications or amendments thereof granted to Lessee prior to or after such sale,
mortgage, lease or transfer. Further, any transfer of any portion of the surface rights of the Property shall
automatically transfer with it the right to receive payments under this Lease in direct proportion to the
fraction of the surface rights to the Property that have been transferred, said proportional payments being
without regard to the presence or lack of Solar facilities on the transferred parcel of the Property. Lessee
may not sell, transfer, assign or sublet all or any portion of its interests under this Lease, and may not ell,
assign, lease or transfer any improvements (including Improvements and Transmission Facilities) that it
may install on the Property, without obtaining the consent of Lessor. Any assignment or sublease made by
Lessee without Lessor's consent in violation of this Section 13 shall be voidable at Lessor's option and shall
constitute an Event of Default. Lessor's consent to any one assignment or sublease shall not be deemed a
waiver of this Section 13 with respect to any subsequent assignment or sublease nor consent to any
subsequent assignment or sublease. Absent the Lessor's agreement to the contrary, following assignment,
whether with or without the Lessors' consent, Lessee will remain liable for all Lease obligations.
14. Leasehold Financing.
14.1 Right to Encumber. Lessee, any successor or assignee of Lessee, or any holder of a sublease or
license (each hereinafter sometimes referred to as an "Obligor") may, with Lessor's written consent, which
shall not be unreasonably withheld, mortgage, pledge, or encumber to any entity (herein, a "Lender") all or
any portion of the Obligor's rights and interests under this Lease or such sublease or license.. For purposes
of this Lease, each entity which now or hereafter is the recipient or beneficiary of any such mortgage,
pledge, or encumbrance and whose lien or encumbrance is now or hereafter recorded in the official records
of the County in which the Property is located, shall be referred to in this Lease as a "Lender".
14.2 Covenants for Lenders' Benefit. Lessee and Lessor expressly agree between themselves and for
the benefit of any Lenders, that if an Obligor mortgages, pledges, or encumbers any of its rights and
interests as provided in Section 14.1 above, then notwithstanding any other provision of this Lease to the
contrary:
-10-
Waterworks Solar — Iowa City
(a) Lessor and Lessee will not terminate, suspend, amend or modify, or take any action
causing, consenting to, acquiescing in, or accepting the termination, suspension, amendment or
modification of this Lease, if such amendment or modification would reduce the rights or remedies
of any Lender hereunder or impair or reduce the security for any lien held by such Lender, without
such Lender's consent.
(b) Each Lender shall have the right, at its discretion, to take, or cause to be taken, any action
required to be performed under this Lease by the Obligor that is party to such Lender's mortgage,
pledge or encumbrance, and any such action performed by such Lender shall be as effective to
prevent or cure a default under this Lease and/or a forfeiture of any of such Obligor's rights under
this Lease as if done by such Obligor itself.
(c) The right of a Lender to receive notices and to cure Obligor's defaults pursuant to the
provisions of this Section 14.2 shall be available only to those Lenders which shall have notified
Lessor in writing of their name and address, regardless of whether the specific provision in question
expressly so states. No default which requires the giving of notice to Obligor shall be effective
unless a like notice is given to all Lenders. If Lessor shall become entitled to terminate this Lease
due to an uncured default by Obligor, Lessor will not terminate this Lease unless it has first given
written notice of such uncured default and of its intent to terminate this Lease to each Lender and
has given each Lender at least thirty (30) days after the expiration of the cure period which this
Lease provides to Obligor for curing such default, to cure the default to prevent such termination of
this Lease. Furthermore, if within such thirty (30) day period a Lender notifies Lessor that it must
foreclose on Obligor's interest or otherwise take possession of Obligor's interest under this Lease
in order to cure the default, Lessor shall not terminate this Lease and shall permit such Lender a
sufficient period of time as may be necessary for such Lender and agreeable to Lessor, with the
exercise of due diligence, to foreclose or acquire Obligor's interest under this Lease and to perform
or cause to be performed all of the covenants and agreements to be performed and observed by
Obligor. In the event a Lender shall elect to exercise its rights hereunder, such Lender shall have
no personal liability to Lessor and the sole recourse of the Lessor in seeking enforcement of its
obligations under this Lease or any new lease entered into pursuant to Section 14.2(d) below shall
be to such Lender's interest in this Lease and the Property. Upon the sale or other transfer by any
Lender of its interest in the Lease or Property, such Lender shall have no further duties or
obligations hereunder.
(d) In case of the termination or rejection of this Lease as a result of any default hereunder or
the bankruptcy, insolvency or appointment of a receiver in bankruptcy, Lessor shall provide prompt
notice thereof to the Lenders. Upon written request of the Lender that is the beneficiary of the first
priority security interest in the Lessee's interest under this Lease, made within forty (40) days after
notice to such Lender of such rejection or termination, Lessor shall enter into a new lease
agreement with such Lender, or its designee or assignee, within twenty (20) days after the receipt
of such request. Such new lease agreement shall be effective as of the date of the termination or
rejection of this Lease, upon the same terms, covenants, conditions and agreements as contained
in this Lease for the remaining term of the original Lease before giving effect to such termination or
rejection. Lessor shall have no rights to terminate such new lease based upon defaults occurring
prior to the execution of the new lease. Lessor hereby agrees with and for the benefit of the Lenders
that the provisions of this Subsection shall survive termination, rejection or disaffirmation of the
Lease, whether by default or as a result of the bankruptcy, insolvency or appointment of a receiver
in bankruptcy and shall continue in full force and effect thereafter to the same extent as if this
Subsection were a separate and independent instrument. It is the intent of the Parties hereto that
any such new lease shall have the same priority as this Lease.
(e) There shall be no merger of this Lease, or of the leasehold estate created by this Lease,
with the fee estate in the Property by reason of the fact that this Lease or the leasehold estate or
any interest therein may be held, directly or indirectly, by or for the account of any person or persons
who shall own the fee estate or any interest therein, and no such merger shall occur unless and
until all persons at the time having an interest in the fee estate in the Property and all persons
-11-
Waterworks Solar — Iowa City
(including the Lenders)having an interest in the Lease or in the estate of Lessor and Lessee shall
join in a written instrument effecting such merger and shall duly record the same.
(f) Lessor shall, at Lessee's or a Lender's request, provide to Lessee and such Lender (i)
confirmation that such Lender is a "Lender" for purposes of this Lease, (ii) a consent and estoppels
acknowledging the Lender's mortgage or other lien or encumbrance, confirming the continuing
effectiveness of this Lease, identifying any modifications hereto and any breaches or defaults
hereunder, and containing such other information and agreements as Lessee or such Lender may
reasonable request, and (iii) such other certificates or affidavits as Lessee, such Lender or any title
company selected by either Lessee or such Lender may reasonably request. Lessor shall duly
execute and return same to Lessee and/or Lender within ten (10) days of Lessee's or Lender's
request therefor. Should Lessor fail to timely execute and deliver the consent and estoppel, then
Lessee and/or Lender may rely on the contents thereof and the consent and estoppel shall be
conclusively binding upon Lessor.
15. Taxes. Lessee shall pay any personal property taxes on Improvements and(or) for any such taxes that are
directly attributable to Solar Energy System, and Lessor shall pay all real property taxes and assessments
levied against the Property. Notwithstanding the foregoing, Lessee shall pay any increase in real property
taxes for the Property attributable to the value of Improvements on the Property owned by, or under the
control of Lessee, which Improvements may include the Solar Energy System and any other equipment
owned by Lessee and located on the Property; provided that such increase in the real property taxes
attributable to Lessee's Improvements are assessed for the period from and after the Effective Date until
the end of the Term and only to the extent such increase is caused solely by the Operations. The foregoing
obligation shall not include any recaptured taxes attributable to any period prior to the Effective Date or any
interest or penalties thereon or to any increases in taxes due to reassessment upon a transfer of the fee
interest in the Property by Lessor, and Lessee shall have the right, at its own expense, to appeal or contest
any such increases and to compromise and settle the same and Lessor shall execute such petitions and
agreements and otherwise cooperate with Lessee to the extent reasonably necessary in connection
therewith.
16. Cure Rights. In the event that Lessor is no longer a government entity and Lessor fails to pay the taxes or
any other monetary obligations for which it is responsible hereunder, or otherwise defaults under this Lease,
then, in addition to its other rights and remedies, Lessee shall have the right to pay such taxes and other
obligations, and/or remedy any such default, by any appropriate means; and the cost thereof shall be
reimbursed to Lessee by Lessor within thirty (30) days. Lessee may offset such cost against any amounts
owed to Lessor under this Lease.
17. Tax Credits. If under applicable law Lessee is ineligible for any tax credit, benefit or incentive for alternative
energy expenditure established by any local, state or federal government, then, at Lessee's option, Lessor
and Lessee shall amend this Lease or replace it with a different instrument so as to convert Lessee's interest
in the Property to a substantially similar interest that makes Lessee eligible for such tax credit, benefit or
incentive.
18. Default.
18.1 Events of Default. The following shall constitute "Events of Default":
(a) Monetary: Lessee shall fail to pay Rent at the time required or any other monetary
obligation or payment required under this Lease when due, and such failure shall continue for a
period of fifteen (15) days following written notice from Lessor to Lessee; or
(b) Non-performance: Lessee shall fail to observe or perform any of the other covenants, terms
or conditions contained in the Lease, or a warranty made by Lessee shall fail to be accurate and
complete, and such failure shall continue and not be cured for a period of thirty (30) days after
written notice by Lessor to Lessee, provided that if the default is not reasonably susceptible of being
-12-
Waterworks Solar — Iowa City
cured within thirty (30) days, an Event of Default shall occur only if the Lessee fails to promptly
commence such cure or fails thereafter to diligently pursue such efforts to completion; or
(c) Bankruptcy/Receivership: If (i) Lessee files a petition in bankruptcy or for reorganization or
for an arrangement pursuant to any present or future federal or state bankruptcy law or under any
similar federal or state law, or is adjudicated a bankrupt or insolvent, or makes an assignment for
the benefit of its creditors, or admits in writing its inability to pay its debts generally as they become
due, or if a petition or answer proposing the adjudication of Lessee as a bankrupt or a
reorganization of Lessee under any present or future federal or state bankruptcy law or any similar
federal or state law is filed in any court and such petition or answer is not discharged or denied
within thirty (30) days after the filing thereof; or (ii) A receiver , trustee or liquidator of Lessee of all
or substantially all of the assets of Lessee or of the Property or any portion thereof is appointed in
any proceeding brought by or against Lessee and is not discharged within thirty (30) days after
such appointment or if Lessee consents to or acquiesces in such appointment.
18.2 Lessor's Rights upon an Event of Default. Upon the occurrence of an Event of Default by Lessee,
or at any time thereafter during the continuance of such Event of Default, Lessor may take any of the
following actions and shall have the following rights against Lessee:
(a) Termination: Lessor may elect to terminate the Lease by giving no less than thirty (30)
days' prior written notice thereof to Lessee, and upon the passage of time specified in such notice,
this Lease and all rights of Lessee hereunder shall terminate as fully and completely and with the
same effect as if such date were the date herein fixed for expiration of the Term and Lessee shall
remain liable as provided in Section 13.02(c).
(b) Eviction: Lessor shall have the immediate right upon Termination of this Lease to bring an
action for forcible entry and detainer.
(c) Lessee to Remain Liable: No termination of this Lease pursuant to Section 13.02(a), by
operation of law or otherwise, and no repossession of the Property or any part thereof pursuant to
Section 15.02(b) or otherwise shall relieve Lessee of its liabilities and obligations hereunder, all of
which shall survive such termination, repossession or reletting.
(d) Damages: In the event of any termination of this Lease or eviction from or repossession of
the Property or any part thereof by reason of the occurrence of an Event of Default, Lessee shall
pay to Lessor the Rent and other sums and charges required to be paid by Lessee for the period
to and including the end of the Term or the Rent for the following three years, whichever is less.
(e) Rights Cumulative, Non -Waiver. No right or remedy herein conferred upon or reserved to
Lessor or Lessee is intended to be exclusive of any other right or remedy, and each and every right
and remedy shall be cumulative and in addition to any other right or remedy given hereunder or
now or hereafter existing at law or in equity or by statute. In addition to the other remedies provided
in this Lease, Lessor shall be entitled, to the extent permitted by applicable law, to injunctive relief
in case of the violation, or attempted or threatened violation, of any of the covenants, agreements,
conditions or provisions of this Lease, or to a decree compelling performance of this Lease, or to
any other remedy allowed to Lessor at law or in equity.
(f) Lessor's Right to Cure. If Lessee fails to pay any utilities charges described in Article IV,
insurance premiums described in Article VIII, the cost of any of the repairs or maintenance required
to be made by Lessee pursuant to the Lease or any other charges, costs or expenses required to
be paid under the Lease, Lessor shall have the right, but not the obligation, to make all such
payments, and in addition to its other remedies under this Article XIII, Lessor shall have the option
of requiring Lessee to repay to Lessor the amount of such payments (which shall be deemed
additional rent hereunder) on demand with interest after demand at 10% rate per annum. (the
"Default Rate"). However, in no event shall the Default Rate be higher than the usury rate
established by the State of Iowa.
-13-
Waterworks Solar — Iowa City
(h) Lessor's Lien. Lessor shall have a lien against Lessee's leasehold estate, Lessee's
Improvements and all property of Lessee located at the Property, to secure any obligations of
Lessee to Lessor arising pursuant to the provisions of this Lease.
18.3 No Implied Waiver. The failure of Lessor to insist upon strict performance of any of the covenants
or conditions of the Lease, or to exercise any options herein conferred in any one or more instances shall
not be construed as a waiver or relinquishment for the future of any such covenant, condition, or option, but
the same shall be and remain in full force and effect. The receipt by Lessor of any Rent or any other sum
payable hereunder with knowledge of the breach of any covenants or agreements contained herein shall
not be deemed a waiver of such breach.
19. Termination by Lessee. Lessee may elect to terminate this Lease, for any reason or no reason, for all or
part of the Property by delivering nine (9) months' advance written notice to Lessor at any time and for any
reason. The portion of the Property remaining after any partial termination of this Lease shall thereafter be
the "Property" for purposes of this Lease and all payment amounts based on acreage shall be adjusted
accordingly." for purposes of this Lease and all payment amounts based on acreage shall be adjusted
accordingly. In the event Lessee terminates this lease within the first fifteen years of the Term, Lessee shall
pay to Lessor the Rent and other sums and charges required to be paid by Lessee for the three (3) years
following the termination.
20. Easements. This Lease and the rights granted to Lessee hereunder are expressly made subject and
subordinate to any and all existing easements on the Property, and Lessee shall not in any way act to alter,
obstruct, disturb or otherwise impair any of said easements nor grant additional easements on or affecting
the Property during the term of this Lease without Lessor's prior written consent.
21. Abandonment. Lessee shall not vacate or abandon the Property at any time during the Term of this Lease;
for purposes of this section, abandonment shall be determined if Lessee fails to generate electricity from
the Solar Energy System during a twelve-month period and is not actively repairing, reconstructing or
repowering the Solar Energy System. If Lessee shall vacate or abandon the Property, the right of
possession shall, at the option of Lessor, revert to Lessor and Lessee shall lose all right to possession of
the Property and Lessee's Improvements; however, Lessee shall otherwise remain liable on this Lease.
Lessor shall then, without further notice, have the remedies provided for in Article XIII herein.
22. Notices. All notices to a Party pursuant to this Lease must be in writing and shall be sent only by United
States Mail (first-class, certified, return -receipt requested); personal delivery; or an overnight courier service
which keeps records of deliveries. For purposes of giving notice hereunder, the addresses of the Parties
are as set forth in Section 1 above. A Party may change its address and/or fax number at any time by giving
written notice of such change to the other Party in the manner provided herein. Notices sent by certified
mail shall be deemed given on the date of delivery or attempted delivery as shown on the return -receipt.
Notices sent by personal delivery or courier service shall be deemed given on the date of delivery or refusal
to accept delivery.
23. Interpretation. Each Party has reviewed this Lease and has been given an opportunity to obtain the
assistance of counsel, and any rule of construction holding that ambiguities are to be resolved against the
drafting Party shall not apply in the interpretation of this Lease. The captions of this Lease are for
convenience and reference only, and shall in no way be held to explain, modify, amplify or aid in the
interpretation, construction or meaning of the provisions of this Lease. A waiver of a breach of any of the
provisions of this Lease shall not be deemed to be a waiver of any succeeding breach of the same or any
other provision of this Lease. Any determination of invalidity or unenforceability of any particular clause or
provision of this Lease shall not affect the validity or enforceability of the remainder of this Lease.
24. Force Majeure. If performance of this Lease or of any obligation hereunder is prevented or substantially
restricted or interfered with by reason of an event of Force Majeure (defined below), the affected Party,
upon giving notice to the other Party, shall be excused from such performance to the extent of and for the
duration of such prevention, restriction or interference. The affected Party shall use its reasonable efforts
to avoid or remove such causes of nonperformance and shall continue performance as soon as such
-14-
Waterworks Solar — Iowa City
causes are removed. "Force Majeure" means: fire, earthquake, flood, tornado or other acts of God and
natural disasters; strikes or labor disputes; war, civil strife or other violence; any law, order, proclamation,
regulation, ordinance, action, demand or requirement of any government agency, or any other act or
condition beyond the reasonable control of a Party.
25. Condemnation. Should title or possession of all of the Property be taken in condemnation proceedings by
a government agency, governmental body or private party under the exercise of the right of eminent
domain, or should a partial taking render the remaining portion of the Property wholly unsuitable for
Lessee's use, then this Lease shall terminate upon such vesting of title or taking of possession. All
payments made on account of any taking by eminent domain shall be made to Lessor, except that Lessee,
at its sole discretion, shall be entitled seek a separate award for any damages allowable by law, including
but not limited to: (i) the removal and relocation Lessee's business, (iii) for the loss of goodwill, (iv) lost
profits, (v) the loss and/or damage to any property that Lessee elects or is required not to remove, and (vi)
for the loss of use of the Property by Lessee and Lessor shall have no right, title or interest in or to any
separate award made therefore. It is agreed that Lessee shall have the right to participate in any settlement
proceedings and that Lessor shall not enter into any binding settlement agreement without the prior written
consent of Lessee, which consent shall not be unreasonably withheld.
26. No Partnership. Nothing contained in this Lease shall be deemed or construed by the Parties or by any
third person to create the relationship of principal and agent, partnership, joint venture, co -Lessees or any
other association between Lessor and Lessee, other than the relationship of Lessor and Lessee.
27. Brokerage Commissions. Lessor and Lessee warrant and represent to each other that there are no
brokers' commissions, finders' fees or any other charges due to any broker, agent or other party in
connection with the negotiation or execution of this Lease, or on behalf of either of them. Lessor and Lessee
agree to defend, indemnify and hold each other harmless against all claims, liabilities, losses, damages,
costs and expenses (including reasonable attorneys' fees and other costs of defense) arising out of a
breach of these representations.
28. Governing Law and Jury Waiver. This Lease shall be governed and construed in accordance with the
laws of the State of Iowa. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF THE PARTIES
HERETO WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF LITIGATION
DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS CONTRACT.
EACH PARTY FURTHER WAIVES ANY RIGHT TO CONSOLIDATE ANY ACTION IN WHICH A JURY
TRIAL HAS BEEN WAIVED WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE OR
HAS NOT BEEN WAIVED.
29. Entire Agreement. This Lease and the attached exhibits constitute the entire agreement between the
Parties and shall supersede all other agreements, whether written or oral, respecting the subject matter of
this Lease. No addition or modification of any term or provision of this Lease shall be effective unless set
forth in writing and signed by an authorized representative of the Parties.
30. Severability. In the event any provisions of this Lease is held to be unenforceable by a court of competent
jurisdiction, then such provision shall be deemed to be severed from the Lease and the remainder of the
Lease will be deemed to continue in full force and effect.
31. Waiver. Lessor acknowledges and agrees that Lessor will at no time have any ownership interest in or to
all or any portion of the Improvements, the Project or the Facilities; and Lessor hereby waives and releases
any and all lien rights arising hereunder or under applicable law or in equity with respect to the Project, the
Improvements and the Facilities except those lien rights arising due to Lessee's failure to pay the Annual
Rent in accordance with Section 4.
32. Covenants to Run with the Land. All the covenants, agreements, conditions and undertakings contained
in this Lease shall extend and inure to and be binding upon the successors and permitted grantees and
assigns of the respective parties hereto the same as if they were in every case named and shall be
construed as covenants running with the land and wherever in this Lease reference is made to either of the
-15-
Waterworks Solar — Iowa City
parties hereto, it shall be held to include and apply to, wherever and whenever applicable, the successors
and permitted grantees and assigns of such party the same as if in each and every case so expressed.
33. Execution in Counterparts. This Lease may be executed in counterparts, each of which shall be deemed
an original but all of which together shall constitute one and the same contract.
[Signature Page Follows]
-16-
Waterworks Solar — Iowa City
IN WITNESS WHEREOF, the Parties have executed this Solar Land Lease (Waterworks Solar Project) as of the
Effective Date.
"LESSOR"
City of Iowa City
By:
Name: Bruce Teague
Title: Mayor
Attest:
Approved By:
City Attorney's Office
"LESSEE"
MIDAMERICAN ENERGY COMPANY
By:
Name: Adam Jablonski
Title: Director, Renewable Energy
-17-
Waterworks Solar — Iowa City
Fxhihit A
DESCRIPTION OF THE PROPERTY
A PART OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 80 NORTH, RANGE 6 WEST
OF THE 5TH P.M., CITY OF IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST 1/4; THENCE SOUTH
89° 20' 05" WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF INTERSTATE 80, A
DISTANCE OF 694.62 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH
89° 20'09" WEST ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 971.01 FEET;
THENCE NORTHEAST ALONG A CURVE CONCAVE SOUTHEAST WHOSE RADIUS IS 148.00
FEET, WHOSE ARC LENGTH IS 91.12 FEET AND WHOSE CHORD BEARS NORTH 41' 55,48"
EAST, 89.69 FEET; THENCE NORTH 59° 34'04" EAST, 145.75 FEET; THENCE NORTHEAST
ALONG A CURVE CONCAVE NORTHWEST WHOSE RADIUS IS 137.00 FEET, WHOSE ARC
LENGTH IS 137.50 FEET AND WHOSE CHORD BEARS NORTH 30'48'54" EAST, 131.80 FEET;
THENCE NORTH 02° 03' 45" EAST, 159.48 FEET; THENCE NORTH ALONG A CURVE
CONCAVE EAST WHOSE RADIUS IS 343.00 FEET, WHOSE ARC LENGTH IS 214.57 FEET
AND WHOSE CHORD BEARS NORTH 19° 59'02" EAST, 211.09 FEET; THENCE NORTHEAST
ALONG A CURVE CONCAVE NORTHWEST WHOSE RADIUS IS 362.00 FEET, WHOSE ARC
LENGTH IS 432.45 FEET AND WHOSE CHORD BEARS NORTH 03'40'56" EAST, 407.19 FEET;
THENCE NORTH 61' 27'07" EAST, 511.78 FEET; THENCE NORTHEAST ALONG A CURVE
CONCAVE SOUTHEAST WHOSE RADIUS IS 458.00 FEET, WHOSE ARC LENGTH IS 220.51
FEET AND WHOSE CHORD BEARS NORTH 75° 14'42" EAST, 218.39 FEET; THENCE SOUTH
02° 03'26" WEST, 1307.63 FEET TO THE POINT OF BEGINNING, CONTAINING 18.89 ACRES
(822,739 S.F.) MORE OR LESS, SUBJECT TO ANY AND ALL EASEMENTS OF RECORD.
-18-
Waterworks Solar — Iowa City
Fxhihit R
DESCRIPTION OF THE PARENT PROPERTY
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION
33, TOWNSHIP 80 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON
COUNTY, IOWA: THENCE N89°59'29"W, A RECORDED BEARING ALONG THE SOUTH LINE
OF SAID SECTION 33, 1327.00 FEET, TO THE SOUTHEAST CORNER OF THE SOUTHWEST
QUARTER OF SAID SOUTHEAST QUARTER OF SECTION 33; THENCE N00°47'57"E. ALONG
THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 33, 100.15 FEET, TO ITS INTERSECTION WITH THE
NORTHERLY RIGHT -OF- WAY LINE OF INTERSTATE HIGHWAY NO. 80, AND WHICH POINT
IS THE POINT OF BEGINNING; THENCE S82'1 1'39"W. ALONG SAID NORTHERLY RIGHT-OF-
WAY LINE, 39.32 FEET, TO AN IRON RIGHT-OF-WAY RAIL FOUND: THENCE S82°1'39"W,
ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, 300.43 FEET, TO AN IRON RIGHT-OF-WAY
RAIL FOUND WHICH IS 150.00 FEET, RADIALLY DISTANT NORTHWESTERLY OF SAID
HIGHWAY CENTERLINE AT STATION 899+00; THENCE N89°57'52"W, ALONG SAID
NORTHERLY RIGHT-OF-WAY LINE, 871.31 FEET, TO AN IRON RIGHT-OF-WAY RAIL FOUND,
WHICH IS 220.00 FEET NORMALLY DISTANT NORTHERLY OF SAID HIGHWAY CENTERLINE
AT STATION 890+00; THENCE S80°24'27"W, 121.06 FEET, TO A POINT ON THE EAST LINE
OF THE SOUTHWEST QUARTER OF SAID SECTION 33, WHICH IS 200.00 FEET, NORMALLY
DISTANT NORTHERLY OF SAID HIGHWAY CENTERLINE; THENCE S80°48'18"W, ALONG
SAID NORTHERLY RIGHTOF-WAY LINE, 183.73 FEET, TO A POINT AT ITS INTERSECTION
WITH THE SOUTH LINE OF SAID SECTION 33, WHICH IS 170.00 FEET NORMALLY DISTANT
NORTHERLY OF INTERSTATE CENTERLINE STATION 887+00; THENCE N89°59'29"W,
ALONG SAID SOUTH LINE OF SECTION 33, WHICH LINE IS ALSO THE NORTHERLY RIGHT-
OF-WAY LINE OF INTERSTATE HIGHWAY NO. 80, 1577.87 FEET, TO US INTERSECTION
WITH THE EASTERLY TOP OF BANK OF THE IOWA RIVER; THENCE MEANDERING ALONG
SAID EASTERLY AND SOUTHERLY TOP OF BANK THE FOLLOWING COURSES:
N11°34'34"W, 512.22 FEET, TO AN IRON PIN SET; THENCE N10°25,16'W, 495.00 FEET, TO
AN IRON PIN SET; THENCE N09°06'41"W, 715.22 FEET, TO AN IRON PIN SET; THENCE
NO3°48'00"W, 387.54 FEET, TO AN IRON PIN SET; THENCE NO3°48'14"E, 335.82 FEET, TO AN
IRON PIN SET; THENCE N18°05'07'E, 371.37 FEET, TO AN IRON PIN SET; THENCE
N35°33'12'E, 269.10 FEET, TO AN IRON PIN SET; THENCE N44°15'59"E, 219.68 FEET, TO AN
IRON PIN SET; THENCE N52°45'33"E, 182.45 FEET, TO AN IRON PIN SET; THENCE
N56'45'1 1"E, 164.92 FEET, TO AN IRON PIN SET; THENCE N66°36'40"E, 187.99 FEET, TO AN
IRON PIN SET; THENCE S89°46'47"E, 250.93 FEET, TO AN IRON PIN SET; THENCE
S73°09'40"E, 329.27, FEET TO AN IRON PIN SET; THENCE S71 °51'07"E 180.42 FEET, TO AN
IRON PIN SET; THENCE S65'1 3'40"E, 207.15 FEET, TO AN IRON PIN SET; THENCE S61'43'01
"E, 211.82 FEET, TO AN IRON PIN SET; THENCE S67°54'08"E, 394.85 FEET, TO AN IRON PIN
SET; THENCE S74'1 1'04"E, 304.33 FEET, TO THE NORTHWESTERLY CORNER OF THE
PARCEL, CONVEYED BY WARRANTY DEED RECORDED IN BOOK 399, AT PAGE 348, OF
THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S14°40'37"W,
104.94 FEET, TO THE SOUTHWESTERLY CORNER OF SAID CONVEYED PARCEL; THENCE
S73°57'48"E, 152.65 FEET ALONG THE SOUTHERLY LINE OF SAID CONVEYED PARCEL;
THENCE S45°44'53"E, 38.00 FEET TO A POINT WHICH IS 78.00 FEET NORMALLY DISTANT
NORTHWESTERLY OF THE FORMER WESTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY
NO. 218, NOW KNOWN AS DUBUQUE STREET, AT THE SOUTHEASTERLY CORNER OF SAID
CONVEYED PARCEL; THENCE N14°40'37"E ALONG A LINE PARALLEL WITH SAID
WESTERLY RIGHT-OF-WAY LINE, 123.00 FEET, TO ITS INTERSECTION WITH SAID
SOUTHERLY TOP OF BANK OF THE IOWA RIVER, AT THE NORTHEASTERLY CORNER OF
SAID CONVEYED PARCEL; THENCE S73°57'48"E ALONG SAID TOP OF BANK, 46.75 FEET,
TO AN IRON PIN SET AT ITS INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE
OF NORTH DUBUQUE STREET, AT THE NORTHWESTERLY CORNER OF THE PARCEL
ACQUIRED BY CONDEMNATION PROCEEDINGS IN THE NAME OF JOHNSON COUNTY,
-19-
Waterworks Solar - Iowa City
IOWA, AND RECORDED IN BOOK 1097, AT PAGE 52, OF THE RECORDS OF THE JOHNSON
COUNTY RECORDER'S OFFICE; THENCE S08°02'35"W. ALONG SAID WESTERLY RIGHT-OF-
WAY LINE, 81.58 FEET; THENCE N81 °57'25"W, ALONG SAID WESTERLY RIGHT-OF-WAY
LINE. 25.32 FEET; THENCE S08°02'35"W, ALONG SAID WESTERLY RIGHT-OF-WAY LINE,
20.00 FEET; THENCE N88°39'10,'E, ALONG SAID WESTERLY RIGHT-OF-WAY LINE, 4.23
FEET; THENCE S49°31'28" E, ALONG THE SOUTHERLY LINE OF SAID CONDEMNATION
PARCEL, 45.11 FEET; THENCE S81 °57'25"E, ALONG SAID SOUTHERLY LINE, 63.04 FEET,
TO ITS SOUTHEASTERLY CORNER THEREOF, ON THE FORMER CENTERLINE OF SAID
NORTH DUBUQUE STREET; THENCE S08°02'39"W, ALONG SAIDCENTERLINE, 72.78 FEET;
THENCE SOUTHEASTERLY, 845.45 FEET, ALONG SAID CENTERLINE, ON A 996.44 FOOT
RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 820.32 FOOT CHORD BEARS
S16°15'46"E; THENCE S40°34'11"E, ALONG SAID CENTERLINE. 155.57 FEET; THENCE
SOUTHEASTERLY, 132.98 FEET, ALONG A 955.00 FOOT RADIUS CURVE, CONCAVE
NORTHEASTERLY, WHOSE 132.88 FOOT CHORD BEARS S44°33'33"E; THENCE S49°54'47"E
ALONG SAID FORMER CENTERLINE, 61.90 FEET, TO ITS INTERSECTION WITH THE EAST
LINE OF THE WEST ONE-HALF, OF SAID SOUTHEAST QUARTER OF SECTION 33; THENCE
S00°47'57"W, ALONG SAID EAST LINE, 63.01 FEET, TO A POINT ON THE SOUTHERLY
RIGHT-OF-WAY LINE OF SAID NORTH DUBUQUE STREET; THENCE SOUTHEASTERLY,
312.00 FEET, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, ON A 2342.00 FOOT RADIUS
CURVE, CONCAVE NORTHEASTERLY, WHOSE 311.77 FOOT CHORD BEARS S55°20115"E;
THENCE S59°09'14"E, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 109.03 FEET;
THENCE S53°26'36"E, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 4.58 FEET, TO THE
NORTHEAST CONER OF THE PARCEL, THE PLAT OF SURVEY OF WHICH IS RECORDED IN
PLAT BOOK 11, AT PAGE 26, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S
OFFICE; THENCE S03°21'14"E, ALONG THE EASTERLY LINE OF SAID SURVEYED PARCEL,
23.45 FEET, TO AN IRON PIN FOUND; THENCE S40°44'44"E ALONG SAID EASTERLY LINE,
123.47 FEET, TO AN IRON PIN FOUND; THENCE S03°15'44"E, ALONG SAID EASTERLY LINE,
46.82 FEET, TO AN IRON PIN FOUND; THENCE S40°26'16"W, ALONG SAID EASTERLY LINE,
254.19 FEET, TO AN IRON PIN FOUND; THENCE S05°42'36"W, ALONG SAID EASTERLY LINE,
138.07 FEET, TO AN IRON PIN FOUND; THENCE S65°31'26"W, ALONG SAID EASTERLY LINE,
288.13 FEET, TO AN IRON PIN FOUND AT THE SOUTHWESTERLY CORNER OF SAID
SURVEYED PARCEL; THENCE N88°59'28"W, 9.36 FEET, TO A POINT ON SAID EAST LINE OF
THE WEST ONE-HALF, OF SAID SOUTHEAST QUARTER OF SECTION 33; THENCE
S00°47'57" W, ALONG SAID EAST LINE, 537.33 FEET, TO THE POINT OF BEGINNING.
AND
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION
33. TOWNSHIP 80 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON
COUNTY, IOWA; THENCE N89°59'29"W, A RECORDED BEARING ALONG THE SOUTH LINE
OF SAID SECTION 33, 2651.39 FEET, TO THE SOUTHWEST CORNER OF SAID SOUTHEAST
QUARTER OF SECTION 33; THENCE N01°07'29"W, ALONG THE WEST LINE OF THE EAST
ONE-HALF OF SECTION 33, 3094.32 FEET, TO ITS INTERSECTION WITH THE SOUTHERLY
TOP OF BANK OF THE IOWA RIVER; THENCE S61'43'01 "E, ALONG SAID TOP OF BANK, 1.82
FEET, TO AN IRON PIN SET; THENCE S67°54'08"E, 394.85 FEET, TO AN IRON PIN SET;
THENCE S74'1 1'04"E, ALONG SAID TOP OF BANK, 304.33 FEET, TO THE NORTHWESTERLY
CONER OF THE PARCEL, CONVEYED BY WARRANTY DEED, RECORDED IN BOOK 399, AT
PAGE 348, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, WHICH
POINT IS THE POINT OF BEGINNING; THENCE S74'1 1'04"E, ALONG SAID TOP OF BANK,
23.52 FEET, TO AN IRON PIN SET; THENCE S73"57'48"E, ALONG SAID TOP OF BANK, 162.15
FEET, TO THE NORTHEASTERLY CORNER OF SAID CONVEYED PARCEL, WHICH IS 78.00
FEET NORMALLY DISTANT NORTHWESTERLY OF THE FORMER WESTERLY RIGHT-OF-
WAY LINE OF U.S. HIGHWAY NO. 218, NOW KNOWN AS DUBUQUE STREET; THENCE
S14°40'37"W, ALONG A LINE PARALLEL WITH SAID WESTERLY RIGHT-OF-WAY LINE, 123.00
FEET, TO THE SOUTHEASTERLY CORNER OF SAID CONVEYED PARCEL; THENCE
N45°44'53"W, ALONG THE SOUTHWESTERLY LINE OF SAID CONVEYED PARCEL, 38.00
-20-
Waterworks Solar - Iowa City
FEET; THENCE N73°57'48"W, 152.65 FEET, TO THE SOUTHWESTERLY CONER OF SAID
CONVEYED PARCEL; THENCE N14°40'37" E, 104.94 FEET, TO THE POINT OF BEGINNING.
-21-
Waterworks Solar — Iowa City
Fxhihit C
MEMORANDUM OF SOLAR LAND LEASE
(Waterworks Solar Project)
Recorder's Cover Sheet
Preparer Information:
Jamie Baker
4299 Northwest Urbandale Drive
Urbandale, Iowa, 50322
Phone: (515) 242-3980
Return Document To:
Attn: Right of Way Services
MidAmerican Energy Company
P.O. BOX 657
Des Moines, IA 50303-0657
Lessor: City of Iowa City, Iowa
Lessee: MidAmerican Energy Company
Legal Description: See Exhibit A to Memorandum
-22-
Waterworks Solar — Iowa City
MEMORANDUM OF SOLAR LAND LEASE
(Waterworks Solar Project)
THIS MEMORANDUM OF SOLAR LAND LEASE (this "Memorandum") is made and
entered into as of 2020, by and between the City of Iowa City,
Iowa ("Lessor"), and MidAmerican Energy Company, an Iowa corporation ("Lessee").
WHEREAS:
A. Lessor is the owner of a parcel of real property located in Johnson County, Iowa
as legally described in Exhibit A attached hereto and incorporated herein by this reference (the
"Property"); Lessor is the owner of a parcel of real property located in Johnson County, Iowa which
contains the Property and is legally described in Exhibit B attached hereto and incorporated herein
by this reference (the "Parent Property");
B. On or about the date hereof, Lessor and Lessee entered into a Solar Land Lease
(the "Lease") which by its terms grants to Lessee a lease for the exclusive right of solar energy
conversion, for the collection, distribution and transmission of electric power, and for related and
incidental purposes and activities across the Property.
C. The term of the Lease commences on the date hereof and may continue for a
period of up to forty (40) years in accordance with the terms of the Lease, unless earlier terminated
as provided in the Lease.
D. The Parties desire to enter into this Memorandum, which is to be recorded, in order
that third parties may have notice of the interests of Lessee in the Property and Parent Property
and of the existence of the Lease and of certain easements and rights granted to Lessee in the
Property and Parent Property as part of the Lease.
E. Capitalized terms used and not otherwise defined herein shall have the meaning
ascribed to such terms in the Lease.
NOW, THEREFORE, in consideration of the Lease and the payments and covenants
provided in the Lease to be paid and performed by the Parties, the receipt and sufficiency of which
are hereby acknowledged, the Parties agree as follows:
1. Grant of Lease. In accordance with the Lease, Lessor grants to Lessee a lease,
on, over, under and across the Property, on the terms and conditions set forth in the Lease. Except
as otherwise provided in the Lease, the lease is irrevocable and exclusive and include, without
limitation: the Solar Energy Facilities, Transmission Facilities and a Solar Energy System.
2. Incorporation of Lease. All of the terms, conditions, provisions and covenants of
the Lease are hereby incorporated into this Memorandum by reference as though fully set forth
herein, and the Lease and this Memorandum shall be deemed to constitute a single instrument or
document. The Lease contains the entire agreement of the Parties with respect to the subject
matter thereof, and any prior or contemporaneous agreements, discussions or understandings,
written or oral (including any options or agreements for easements previously entered into by the
Parties with respect to the Property), are superseded by the Lease and shall be and hereby are
released, revoked and terminated and shall be of no further force or effect for any purpose
whatsoever.
3. Interpretation. The Memorandum is not intended and may not be construed to
modify or alter in any way the terms and conditions of the Lease. In the event of a conflict or
-23-
Waterworks Solar — Iowa City
inconsistency between the provisions of this Memorandum and the terms and conditions of Lease,
the Lease shall control for all purposes.
4. Binding Effect. All provisions contained in this Memorandum shall be binding
upon, inure to the benefit of, and be enforceable by, Lessor and Lessee and, as provided in the
Lease, their respective successors and assigns.
IN WITNESS WHEREOF, the Parties have executed this Memorandum as of the date set
forth above.
"LESSOR"
City of Iowa City, Iowa
By:
Name: Bruce Teague
Title: Mayor
Attest:
Approved By:
City Attorney's Office
ACKNOWLEDGMENT
STATE OF , COUNTY OF , ss:
This record was acknowledged before me on 2020, by
Bruce Teague as Mayor of the City of Iowa City, Iowa.
Notary Public in and for said State
-24-
Waterworks Solar — Iowa City
"LESSEE"
MIDAMERICAN ENERGY COMPANY
By:
Name: Adam Jablonski
Title: Director, Renewable Energy
ACKNOWLEDGMENT
STATE OF IOWA, COUNTY OF POLK, ss:
This record was acknowledged before me on , 2020, by
Adam Jablonski as the Director, Renewable Energy of MidAmerican Energy Company.
Notary Public in and for said State
-25-
Waterworks Solar — Iowa City
Fxhihit A
DESCRIPTION OF THE PROPERTY
A PART OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 80 NORTH, RANGE 6 WEST
OF THE 5TH P.M., CITY OF IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST 1/4; THENCE SOUTH
89° 20' 05" WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF INTERSTATE 80, A
DISTANCE OF 694.62 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH
89° 20'09" WEST ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 971.01 FEET;
THENCE NORTHEAST ALONG A CURVE CONCAVE SOUTHEAST WHOSE RADIUS IS 148.00
FEET, WHOSE ARC LENGTH IS 91.12 FEET AND WHOSE CHORD BEARS NORTH 41° 55,48"
EAST, 89.69 FEET; THENCE NORTH 59° 34'04" EAST, 145.75 FEET; THENCE NORTHEAST
ALONG A CURVE CONCAVE NORTHWEST WHOSE RADIUS IS 137.00 FEET, WHOSE ARC
LENGTH IS 137.50 FEET AND WHOSE CHORD BEARS NORTH 30'48'54" EAST, 131.80 FEET;
THENCE NORTH 02° 03' 45" EAST, 159.48 FEET; THENCE NORTH ALONG A CURVE
CONCAVE EAST WHOSE RADIUS IS 343.00 FEET, WHOSE ARC LENGTH IS 214.57 FEET
AND WHOSE CHORD BEARS NORTH 19° 59'02" EAST, 211.09 FEET; THENCE NORTHEAST
ALONG A CURVE CONCAVE NORTHWEST WHOSE RADIUS IS 362.00 FEET, WHOSE ARC
LENGTH IS 432.45 FEET AND WHOSE CHORD BEARS NORTH 03'40'56" EAST, 407.19 FEET;
THENCE NORTH 61' 27'07" EAST, 511.78 FEET; THENCE NORTHEAST ALONG A CURVE
CONCAVE SOUTHEAST WHOSE RADIUS IS 458.00 FEET, WHOSE ARC LENGTH IS 220.51
FEET AND WHOSE CHORD BEARS NORTH 75° 14'42" EAST, 218.39 FEET; THENCE SOUTH
02° 03'26" WEST, 1307.63 FEET TO THE POINT OF BEGINNING, CONTAINING 18.89 ACRES
(822,739 S.F.) MORE OR LESS, SUBJECT TO ANY AND ALL EASEMENTS OF RECORD.
-26-
Waterworks Solar — Iowa City
Fxhihit R
DESCRIPTION OF THE PARENT PROPERTY
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION
33, TOWNSHIP 80 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON
COUNTY, IOWA: THENCE N89°59'29"W, A RECORDED BEARING ALONG THE SOUTH LINE
OF SAID SECTION 33, 1327.00 FEET, TO THE SOUTHEAST CORNER OF THE SOUTHWEST
QUARTER OF SAID SOUTHEAST QUARTER OF SECTION 33; THENCE N00°47'57"E. ALONG
THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 33, 100.15 FEET, TO ITS INTERSECTION WITH THE
NORTHERLY RIGHT -OF- WAY LINE OF INTERSTATE HIGHWAY NO. 80, AND WHICH POINT
IS THE POINT OF BEGINNING; THENCE S82'1 1'39"W. ALONG SAID NORTHERLY RIGHT-OF-
WAY LINE, 39.32 FEET, TO AN IRON RIGHT-OF-WAY RAIL FOUND: THENCE S82°1'39"W,
ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, 300.43 FEET, TO AN IRON RIGHT-OF-WAY
RAIL FOUND WHICH IS 150.00 FEET, RADIALLY DISTANT NORTHWESTERLY OF SAID
HIGHWAY CENTERLINE AT STATION 899+00; THENCE N89°57'52"W, ALONG SAID
NORTHERLY RIGHT-OF-WAY LINE, 871.31 FEET, TO AN IRON RIGHT-OF-WAY RAIL FOUND,
WHICH IS 220.00 FEET NORMALLY DISTANT NORTHERLY OF SAID HIGHWAY CENTERLINE
AT STATION 890+00; THENCE S80°24'27"W, 121.06 FEET, TO A POINT ON THE EAST LINE
OF THE SOUTHWEST QUARTER OF SAID SECTION 33, WHICH IS 200.00 FEET, NORMALLY
DISTANT NORTHERLY OF SAID HIGHWAY CENTERLINE; THENCE S80°48'18"W, ALONG
SAID NORTHERLY RIGHTOF-WAY LINE, 183.73 FEET, TO A POINT AT ITS INTERSECTION
WITH THE SOUTH LINE OF SAID SECTION 33, WHICH IS 170.00 FEET NORMALLY DISTANT
NORTHERLY OF INTERSTATE CENTERLINE STATION 887+00; THENCE N89°59'29"W,
ALONG SAID SOUTH LINE OF SECTION 33, WHICH LINE IS ALSO THE NORTHERLY RIGHT-
OF-WAY LINE OF INTERSTATE HIGHWAY NO. 80, 1577.87 FEET, TO US INTERSECTION
WITH THE EASTERLY TOP OF BANK OF THE IOWA RIVER; THENCE MEANDERING ALONG
SAID EASTERLY AND SOUTHERLY TOP OF BANK THE FOLLOWING COURSES:
N11°34'34"W, 512.22 FEET, TO AN IRON PIN SET; THENCE N10°25,16'W, 495.00 FEET, TO
AN IRON PIN SET; THENCE N09°06'41"W, 715.22 FEET, TO AN IRON PIN SET; THENCE
NO3°48'00"W, 387.54 FEET, TO AN IRON PIN SET; THENCE NO3°48'14"E, 335.82 FEET, TO AN
IRON PIN SET; THENCE N18°05'07'E, 371.37 FEET, TO AN IRON PIN SET; THENCE
N35°33'12'E, 269.10 FEET, TO AN IRON PIN SET; THENCE N44°15'59" E, 219.68 FEET, TO AN
IRON PIN SET; THENCE N52°45'33"E, 182.45 FEET, TO AN IRON PIN SET; THENCE
N56'45'1 1"E, 164.92 FEET, TO AN IRON PIN SET; THENCE N66°36'40"E, 187.99 FEET, TO AN
IRON PIN SET; THENCE S89°46'47"E, 250.93 FEET, TO AN IRON PIN SET; THENCE
S73°09'40"E, 329.27, FEET TO AN IRON PIN SET; THENCE S71 °51'07"E 180.42 FEET, TO AN
IRON PIN SET; THENCE S65'1 3'40"E, 207.15 FEET, TO AN IRON PIN SET; THENCE S61'43'01
"E, 211.82 FEET, TO AN IRON PIN SET; THENCE S67°54'08"E, 394.85 FEET, TO AN IRON PIN
SET; THENCE S74'1 1'04"E, 304.33 FEET, TO THE NORTHWESTERLY CORNER OF THE
PARCEL, CONVEYED BY WARRANTY DEED RECORDED IN BOOK 399, AT PAGE 348, OF
THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S14°40'37"W,
104.94 FEET, TO THE SOUTHWESTERLY CORNER OF SAID CONVEYED PARCEL; THENCE
S73°57'48"E, 152.65 FEET ALONG THE SOUTHERLY LINE OF SAID CONVEYED PARCEL;
THENCE S45°44'53"E, 38.00 FEET TO A POINT WHICH IS 78.00 FEET NORMALLY DISTANT
NORTHWESTERLY OF THE FORMER WESTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY
NO. 218, NOW KNOWN AS DUBUQUE STREET, AT THE SOUTHEASTERLY CORNER OF SAID
CONVEYED PARCEL; THENCE N14°40'37"E ALONG A LINE PARALLEL WITH SAID
WESTERLY RIGHT-OF-WAY LINE, 123.00 FEET, TO ITS INTERSECTION WITH SAID
SOUTHERLY TOP OF BANK OF THE IOWA RIVER, AT THE NORTHEASTERLY CORNER OF
SAID CONVEYED PARCEL; THENCE S73°57'48"E ALONG SAID TOP OF BANK, 46.75 FEET,
TO AN IRON PIN SET AT ITS INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE
OF NORTH DUBUQUE STREET, AT THE NORTHWESTERLY CORNER OF THE PARCEL
ACQUIRED BY CONDEMNATION PROCEEDINGS IN THE NAME OF JOHNSON COUNTY,
-27-
Waterworks Solar - Iowa City
IOWA, AND RECORDED IN BOOK 1097, AT PAGE 52, OF THE RECORDS OF THE JOHNSON
COUNTY RECORDER'S OFFICE; THENCE S08°02'35"W. ALONG SAID WESTERLY RIGHT-OF-
WAY LINE, 81.58 FEET; THENCE N81 °57'25"W, ALONG SAID WESTERLY RIGHT-OF-WAY
LINE. 25.32 FEET; THENCE S08°02'35"W, ALONG SAID WESTERLY RIGHT-OF-WAY LINE,
20.00 FEET; THENCE N88°39'10,'E, ALONG SAID WESTERLY RIGHT-OF-WAY LINE, 4.23
FEET; THENCE S49°31'28" E, ALONG THE SOUTHERLY LINE OF SAID CONDEMNATION
PARCEL, 45.11 FEET; THENCE S81°57'25"E, ALONG SAID SOUTHERLY LINE, 63.04 FEET,
TO ITS SOUTHEASTERLY CORNER THEREOF, ON THE FORMER CENTERLINE OF SAID
NORTH DUBUQUE STREET; THENCE S08°02'39"W, ALONG SAIDCENTERLINE, 72.78 FEET;
THENCE SOUTHEASTERLY, 845.45 FEET, ALONG SAID CENTERLINE, ON A 996.44 FOOT
RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 820.32 FOOT CHORD BEARS
S16°15'46"E; THENCE S40°34'11"E, ALONG SAID CENTERLINE. 155.57 FEET; THENCE
SOUTHEASTERLY, 132.98 FEET, ALONG A 955.00 FOOT RADIUS CURVE, CONCAVE
NORTHEASTERLY, WHOSE 132.88 FOOT CHORD BEARS S44°33'33"E; THENCE S49°54'47"E
ALONG SAID FORMER CENTERLINE, 61.90 FEET, TO ITS INTERSECTION WITH THE EAST
LINE OF THE WEST ONE-HALF, OF SAID SOUTHEAST QUARTER OF SECTION 33; THENCE
S00°47'57"W, ALONG SAID EAST LINE, 63.01 FEET, TO A POINT ON THE SOUTHERLY
RIGHT-OF-WAY LINE OF SAID NORTH DUBUQUE STREET; THENCE SOUTHEASTERLY,
312.00 FEET, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, ON A 2342.00 FOOT RADIUS
CURVE, CONCAVE NORTHEASTERLY, WHOSE 311.77 FOOT CHORD BEARS S55°20115"E;
THENCE S59°09'14"E, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 109.03 FEET;
THENCE S53°26'36"E, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 4.58 FEET, TO THE
NORTHEAST CORNER OF THE PARCEL, THE PLAT OF SURVEY OF WHICH IS RECORDED
IN PLAT BOOK 11, AT PAGE 26, OF THE RECORDS OF THE JOHNSON COUNTY
RECORDER'S OFFICE; THENCE S03°21'14"E, ALONG THE EASTERLY LINE OF SAID
SURVEYED PARCEL, 23.45 FEET, TO AN IRON PIN FOUND; THENCE S40°44'44"E ALONG
SAID EASTERLY LINE, 123.47 FEET, TO AN IRON PIN FOUND; THENCE S03'1 5'44"E, ALONG
SAID EASTERLY LINE, 46.82 FEET, TO AN IRON PIN FOUND; THENCE S40°26'16"W, ALONG
SAID EASTERLY LINE, 254.19 FEET, TO AN IRON PIN FOUND; THENCE S05°42'36"W, ALONG
SAID EASTERLY LINE, 138.07 FEET, TO AN IRON PIN FOUND; THENCE S65°31'26"W, ALONG
SAID EASTERLY LINE, 288.13 FEET, TO AN IRON PIN FOUND AT THE SOUTHWESTERLY
CORNER OF SAID SURVEYED PARCEL; THENCE N88°59'28"W, 9.36 FEET, TO A POINT ON
SAID EAST LINE OF THE WEST ONE-HALF, OF SAID SOUTHEAST QUARTER OF SECTION
33; THENCE S00°47'57" W, ALONG SAID EAST LINE, 537.33 FEET, TO THE POINT OF
BEGINNING.
AND
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION
33. TOWNSHIP 80 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON
COUNTY, IOWA; THENCE N89°59'29"W, A RECORDED BEARING ALONG THE SOUTH LINE
OF SAID SECTION 33, 2651.39 FEET, TO THE SOUTHWEST CORNER OF SAID SOUTHEAST
QUARTER OF SECTION 33; THENCE N01°07'29"W, ALONG THE WEST LINE OF THE EAST
ONE-HALF OF SECTION 33, 3094.32 FEET, TO ITS INTERSECTION WITH THE SOUTHERLY
TOP OF BANK OF THE IOWA RIVER; THENCE S61'43'01 "E, ALONG SAID TOP OF BANK, 1.82
FEET, TO AN IRON PIN SET; THENCE S67°54'08"E, 394.85 FEET, TO AN IRON PIN SET;
THENCE S74'1 1'04"E, ALONG SAID TOP OF BANK, 304.33 FEET, TO THE NORTHWESTERLY
CORNER OF THE PARCEL, CONVEYED BY WARRANTY DEED, RECORDED IN BOOK 399,
AT PAGE 348, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE,
WHICH POINT IS THE POINT OF BEGINNING; THENCE S74°11'04"E, ALONG SAID TOP OF
BANK, 23.52 FEET, TO AN IRON PIN SET; THENCE S73"57'48"E, ALONG SAID TOP OF BANK,
162.15 FEET, TO THE NORTHEASTERLY CORNER OF SAID CONVEYED PARCEL, WHICH IS
78.00 FEET NORMALLY DISTANT NORTHWESTERLY OF THE FORMER WESTERLY RIGHT-
OF-WAY LINE OF U.S. HIGHWAY NO. 218, NOW KNOWN AS DUBUQUE STREET; THENCE
S14°40'37"W, ALONG A LINE PARALLEL WITH SAID WESTERLY RIGHT-OF-WAY LINE, 123.00
FEET, TO THE SOUTHEASTERLY CORNER OF SAID CONVEYED PARCEL; THENCE
-28-
Waterworks Solar - Iowa City
N45°44'53"W, ALONG THE SOUTHWESTERLY LINE OF SAID CONVEYED PARCEL, 38.00
FEET; THENCE N73°57'48"W, 152.65 FEET, TO THE SOUTHWESTERLY CORNER OF SAID
CONVEYED PARCEL; THENCE N14°40'37" E, 104.94 FEET, TO THE POINT OF BEGINNING.
-29-
Waterworks Solar — Iowa City
Exhibit D
INITIAL TEMPORARY CONSTRUCTION EASEMENT AREAS AND THE TEMPORARY PATH
CLOSURE DELINEATION
(ATTACHED)
-30-
Waterworks Solar — Iowa City
Y
m
SITE EXHIBIT a
TTa���TTT��T TT�a� �oT� N LL ALMU5 0 00U)
OOf
LEGENDU.
_
_ ` i
� CONSTRUCTION TRAFFIC INGRESS/EGRESS 3 Z
f LL
01
m U
X X TEMPORARY PATH CLOSURE tis m
4yT poODODODO
a
TEMPORARY CONSTRUCTION AREA'
't. f
r .
N
a a 7 W u t6
} ! � Q
c
tiO
u Q _
cl N
t z Q—
a0 p a
n W M
o U rn
(n
� � M
W
'; i� 7777777 7777777 � �.
W
O
LLJ co
N Zco
W
ca
LEASE AREA, U
3 W m w
W
0 W Z
cn
"A
0 300
SNYDER
&ASSOCIATE S
IA-80
SCALE (FEET)
Project No: 1190998
` 'r Sheet 1 of 1
Exhibit E
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT FORM
(ATTACHED)
-31-
Waterworks Solar — Iowa City
TEMPORARY CONSTRUCTION AGREEMENT AND EASEMENT
THIS TEMPORARY CONSTRUCTION AGREEMENT AND EASEMENT (this "Agreement") is made
and entered into this _ day of , 2020 (the "Effective Date") by and between the
undersigned (hereinafter "Grantor"), and MidAmerican Energy Company, its successors and assigns
(hereinafter "MidAmerican").
WHEREAS, Grantor is the owner of certain real estate in Johnson County, Iowa, as shown
on Exhibit A (hereinafter referred to as the "Property");
WHEREAS, MidAmerican is intending to develop and construct a solar energy conversion
project in Iowa City, Iowa (the "Project") and parts of the Project are expected to be located near or
adjacent to the Property; and MidAmerican desires to obtain permission from Grantor to use a portion
of the Property during the construction of the Project as a general construction site over which
MidAmerican and its contractors would be allowed to utilize as a staging and laydown area, operate
vehicles and other equipment, store solar parts, equipment and materials, store job site trailers, and
any other need related to support the Project.
WHEREAS, MidAmerican desires to obtain permission from Grantor for ingress and egress
to the Project and, due to the concern of public safety, temporarily restrict public access to certain
areas of the Property;
WHEREAS, Grantor desires to grant MidAmerican this Agreement over and across the
Property;
NOW THEREFORE, in consideration of the payment to be to Grantor and other good and
valuable consideration, Grantor and MidAmerican hereby agree as follows:
Grant of Temporary Construction Agreement and Easement. Grantor hereby grants and conveys
to MidAmerican a temporary easement on and over the Property for a temporary general
construction and staging area for purposes related to or associated with the Project which without
limitation shall allow MidAmerican, its contractors and agents to (a) operate vehicles, trucks, and
other construction equipment, (b) place job trailers, (c) store all types of materials including fuel
and (d) any other need which supports the Project. Such temporary easement is depicted on
Exhibit B. MidAmerican shall also have the right to temporarily restrict public access to those
certain areas also depicted on Exhibit B.
2. Grant of Temporary Ingress and Egress. Easement. Grantor hereby grants and conveys to
MidAmerican a temporary easement for vehicular and pedestrian access, ingress and egress to,
from and over the Property to and from the Project on those certain areas depicted on Exhibit B.
3. Term. The rights granted in this Agreement shall begin on the Effective Date and shall terminate
on December 31, 2020.
4. Indemnification. MidAmerican shall indemnify, defend and hold harmless the Grantor and its
directors, officers, employees, agents and representatives from and against all claims, liabilities,
damages, losses and expenses (including reasonable attorneys' fees and expenses) that arise
out of or in connection with the activities of MidAmerican, its contractors or agents on the
Property. In no event shall MidAmerican have any liability to Grantor for special, exemplary,
indirect, incidental or consequential losses or damages; except with respect to damages as
provided below.
5. Damage to Property. MidAmerican agrees to repair any physical damage to Grantor's tangible
property located on the Property to the extent such damage is directly caused by MidAmerican's
Ver. 0403,08
activities. Grantor shall promptly notify MidAmerican in writing of any damage that Grantor claims
is MidAmerican's responsibility under this Agreement, and provide MidAmerican with reasonable
evidence of the cause and extent of such damage. Upon receipt of such notice, MidAmerican
shall promptly investigate and make the repair to the extent MidAmerican is responsible under
this Agreement. For any repairs required to be made by MidAmerican under this Agreement,
MidAmerican shall repair such damaged property to substantially the same condition of the
property existing immediately before being damaged. If such repair is not possible, as reasonably
determined by Grantor, MidAmerican will replace the damaged property.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of
the date and year first above written.
MIDAMERICAN ENERGY COMPANY
0
Name: Adam Jablonski
Title: Director, Renewable Energy
ACKNOWLEDGMENT
STATE OF IOWA, COUNTY OF POLK, ss:
This record was acknowledged before me on , 2020, by
Adam Jablonski as the Director, Renewable Energy of MidAmerican Energy Company.
Notary Public in and for said State
Ver. 0403,08
CITY OF IOWA CITY, IOWA
W
Name: Bruce Teague
Title: Mayor
Attest:
Approved By:
City Attorney's Office
ACKNOWLEDGMENT
STATE OF , COUNTY OF , ss:
This record was acknowledged before me on 2020, by
Bruce Teague as Mayor of the City of Iowa City, Iowa.
Notary Public in and for said State
Ver. 040308
Fxhihit A
DESCRIPTION OF THE PROPERTY
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF
SECTION 33, TOWNSHIP 80 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN,
JOHNSON COUNTY, IOWA: THENCE N89°59'29"W, A RECORDED BEARING ALONG THE
SOUTH LINE OF SAID SECTION 33, 1327.00 FEET, TO THE SOUTHEAST CORNER OF THE
SOUTHWEST QUARTER OF SAID SOUTHEAST QUARTER OF SECTION 33; THENCE
N00°47'57"E. ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 33, 100.15 FEET, TO
ITS INTERSECTION WITH THE NORTHERLY RIGHT -OF- WAY LINE OF INTERSTATE
HIGHWAY NO. 80, AND WHICH POINT IS THE POINT OF BEGINNING; THENCE
S82'1 1'39"W. ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, 39.32 FEET, TO AN IRON
RIGHT-OF-WAY RAIL FOUND: THENCE S82°1'39"W, ALONG SAID NORTHERLY RIGHT-OF-
WAY LINE, 300.43 FEET, TO AN IRON RIGHT-OF-WAY RAIL FOUND WHICH IS 150.00 FEET,
RADIALLY DISTANT NORTHWESTERLY OF SAID HIGHWAY CENTERLINE AT STATION
899+00; THENCE N89°57'52"W, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, 871.31
FEET, TO AN IRON RIGHT-OF-WAY RAIL FOUND, WHICH IS 220.00 FEET NORMALLY
DISTANT NORTHERLY OF SAID HIGHWAY CENTERLINE AT STATION 890+00; THENCE
S80°24'27"W, 121.06 FEET, TO A POINT ON THE EAST LINE OF THE SOUTHWEST
QUARTER OF SAID SECTION 33, WHICH IS 200.00 FEET, NORMALLY DISTANT
NORTHERLY OF SAID HIGHWAY CENTERLINE; THENCE S80°48'18"W, ALONG SAID
NORTHERLY RIGHTOF-WAY LINE, 183.73 FEET, TO A POINT AT ITS INTERSECTION WITH
THE SOUTH LINE OF SAID SECTION 33, WHICH IS 170.00 FEET NORMALLY DISTANT
NORTHERLY OF INTERSTATE CENTERLINE STATION 887+00; THENCE N89°59'29"W,
ALONG SAID SOUTH LINE OF SECTION 33, WHICH LINE IS ALSO THE NORTHERLY
RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY NO. 80, 1577.87 FEET, TO US
INTERSECTION WITH THE EASTERLY TOP OF BANK OF THE IOWA RIVER; THENCE
MEANDERING ALONG SAID EASTERLY AND SOUTHERLY TOP OF BANK THE FOLLOWING
COURSES: N11°34'34"W, 512.22 FEET, TO AN IRON PIN SET; THENCE N10°25,16'W, 495.00
FEET, TO AN IRON PIN SET; THENCE N09°06'41 "W, 715.22 FEET, TO AN IRON PIN SET;
THENCE NO3°48'00"W, 387.54 FEET, TO AN IRON PIN SET; THENCE NO3°48'14"E, 335.82
FEET, TO AN IRON PIN SET; THENCE N18°05'07'E, 371.37 FEET, TO AN IRON PIN SET;
THENCE N35°33'12'E, 269.10 FEET, TO AN IRON PIN SET; THENCE N44°15'59", 219.68
FEET, TO AN IRON PIN SET; THENCE N52°45'33"E, 182.45 FEET, TO AN IRON PIN SET;
THENCE N56°45'11"E, 164.92 FEET, TO AN IRON PIN SET; THENCE N66°36'40"E, 187.99
FEET, TO AN IRON PIN SET; THENCE S89°46'47"E, 250.93 FEET, TO AN IRON PIN SET;
THENCE S73°09'40"E, 329.27, FEET TO AN IRON PIN SET; THENCE S71°51'07"E1 180.42
FEET, TO AN IRON PIN SET; THENCE S65°13'40"E, 207.15 FEET, TO AN IRON PIN SET;
THENCE S61'43'01 "E, 211.82 FEET, TO AN IRON PIN SET; THENCE S67°54'08"E, 394.85
FEET, TO AN IRON PIN SET; THENCE S74'1 1'04"E, 304.33 FEET, TO THE
NORTHWESTERLY CORNER OF THE PARCEL, CONVEYED BY WARRANTY DEED
RECORDED IN BOOK 399, AT PAGE 348, OF THE RECORDS OF THE JOHNSON COUNTY
RECORDER'S OFFICE; THENCE S14°40'37"W, 104.94 FEET, TO THE SOUTHWESTERLY
CORNER OF SAID CONVEYED PARCEL; THENCE S73°57'48"E, 152.65 FEET ALONG THE
SOUTHERLY LINE OF SAID CONVEYED PARCEL; THENCE S45°44'53"E, 38.00 FEET TO A
POINT WHICH IS 78.00 FEET NORMALLY DISTANT NORTHWESTERLY OF THE FORMER
WESTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 218, NOW KNOWN AS DUBUQUE
STREET, AT THE SOUTHEASTERLY CORNER OF SAID CONVEYED PARCEL; THENCE
N14°40'37"E ALONG A LINE PARALLEL WITH SAID WESTERLY RIGHT-OF-WAY LINE,
123.00 FEET, TO ITS INTERSECTION WITH SAID SOUTHERLY TOP OF BANK OF THE IOWA
RIVER, AT THE NORTHEASTERLY CORNER OF SAID CONVEYED PARCEL; THENCE
S73°57'48"E ALONG SAID TOP OF BANK, 46.75 FEET, TO AN IRON PIN SET AT ITS
INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF NORTH DUBUQUE
Ver. 040308 4
STREET, AT THE NORTHWESTERLY CORNER OF THE PARCEL ACQUIRED BY
CONDEMNATION PROCEEDINGS IN THE NAME OF JOHNSON COUNTY, IOWA, AND
RECORDED IN BOOK 1097, AT PAGE 52, OF THE RECORDS OF THE JOHNSON COUNTY
RECORDER'S OFFICE; THENCE S08°02'35"W. ALONG SAID WESTERLY RIGHT-OF-WAY
LINE, 81.58 FEET; THENCE N81°57'25"W, ALONG SAID WESTERLY RIGHT-OF-WAY LINE.
25.32 FEET; THENCE S08°02'35"W, ALONG SAID WESTERLY RIGHT-OF-WAY LINE, 20.00
FEET; THENCE N88'39'1 0,'E, ALONG SAID WESTERLY RIGHT-OF-WAY LINE, 4.23 FEET;
THENCE S49°31'28" E, ALONG THE SOUTHERLY LINE OF SAID CONDEMNATION PARCEL,
45.11 FEET; THENCE S81°57'25"E, ALONG SAID SOUTHERLY LINE, 63.04 FEET, TO ITS
SOUTHEASTERLY CORNER THEREOF, ON THE FORMER CENTERLINE OF SAID NORTH
DUBUQUE STREET; THENCE S08°02'39"W, ALONG SAIDCENTERLINE, 72.78 FEET;
THENCE SOUTHEASTERLY, 845.45 FEET, ALONG SAID CENTERLINE, ON A 996.44 FOOT
RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 820.32 FOOT CHORD BEARS
S16°15'46"E; THENCE S40°34'11"E, ALONG SAID CENTERLINE. 155.57 FEET; THENCE
SOUTHEASTERLY, 132.98 FEET, ALONG A 955.00 FOOT RADIUS CURVE, CONCAVE
NORTHEASTERLY, WHOSE 132.88 FOOT CHORD BEARS S44°33'33"E; THENCE
S49°54'47"E ALONG SAID FORMER CENTERLINE, 61.90 FEET, TO ITS INTERSECTION
WITH THE EAST LINE OF THE WEST ONE-HALF, OF SAID SOUTHEAST QUARTER OF
SECTION 33; THENCE S00°47'57"W, ALONG SAID EAST LINE, 63.01 FEET, TO A POINT ON
THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID NORTH DUBUQUE STREET; THENCE
SOUTHEASTERLY, 312.00 FEET, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, ON A
2342.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 311.77 FOOT
CHORD BEARS S55°20'15"E; THENCE S59°09'14"E, ALONG SAID SOUTHERLY RIGHT-OF-
WAY LINE, 109.03 FEET; THENCE S53°26'36"E, ALONG SAID SOUTHERLY RIGHT-OF-WAY
LINE, 4.58 FEET, TO THE NORTHEAST CORNER OF THE PARCEL, THE PLAT OF SURVEY
OF WHICH IS RECORDED IN PLAT BOOK 11, AT PAGE 26, OF THE RECORDS OF THE
JOHNSON COUNTY RECORDER'S OFFICE; THENCE S03°21'14"E, ALONG THE EASTERLY
LINE OF SAID SURVEYED PARCEL, 23.45 FEET, TO AN IRON PIN FOUND; THENCE
S40°44'44"E ALONG SAID EASTERLY LINE, 123.47 FEET, TO AN IRON PIN FOUND;
THENCE S03°15'44"E, ALONG SAID EASTERLY LINE, 46.82 FEET, TO AN IRON PIN FOUND;
THENCE S40°26'16"W, ALONG SAID EASTERLY LINE, 254.19 FEET, TO AN IRON PIN
FOUND; THENCE S05°42'36"W, ALONG SAID EASTERLY LINE, 138.07 FEET, TO AN IRON
PIN FOUND; THENCE S65°31'26"W, ALONG SAID EASTERLY LINE, 288.13 FEET, TO AN
IRON PIN FOUND AT THE SOUTHWESTERLY CORNER OF SAID SURVEYED PARCEL;
THENCE N88°59'28"W, 9.36 FEET, TO A POINT ON SAID EAST LINE OF THE WEST ONE-
HALF, OF SAID SOUTHEAST QUARTER OF SECTION 33; THENCE S00°47'57" W, ALONG
SAID EAST LINE, 537.33 FEET, TO THE POINT OF BEGINNING.
_►o
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF
SECTION 33. TOWNSHIP 80 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN,
JOHNSON COUNTY, IOWA; THENCE N89°59'29"W, A RECORDED BEARING ALONG THE
SOUTH LINE OF SAID SECTION 33, 2651.39 FEET, TO THE SOUTHWEST CORNER OF SAID
SOUTHEAST QUARTER OF SECTION 33; THENCE N01°07'29"W, ALONG THE WEST LINE
OF THE EAST ONE-HALF OF SECTION 33, 3094.32 FEET, TO ITS INTERSECTION WITH
THE SOUTHERLY TOP OF BANK OF THE IOWA RIVER; THENCE S61'43'01 "E, ALONG SAID
TOP OF BANK, 1.82 FEET, TO AN IRON PIN SET; THENCE S67°54'08"E, 394.85 FEET, TO
AN IRON PIN SET; THENCE S74'11 1'04"E, ALONG SAID TOP OF BANK, 304.33 FEET, TO
THE NORTHWESTERLY CORNER OF THE PARCEL, CONVEYED BY WARRANTY DEED,
RECORDED IN BOOK 399, AT PAGE 348, OF THE RECORDS OF THE JOHNSON COUNTY
RECORDER'S OFFICE, WHICH POINT IS THE POINT OF BEGINNING; THENCE S74'11 1'04"E,
ALONG SAID TOP OF BANK, 23.52 FEET, TO AN IRON PIN SET; THENCE S73"57'48"E,
ALONG SAID TOP OF BANK, 162.15 FEET, TO THE NORTHEASTERLY CORNER OF SAID
CONVEYED PARCEL, WHICH IS 78.00 FEET NORMALLY DISTANT NORTHWESTERLY OF
THE FORMER WESTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 218, NOW KNOWN
Ver. 040308
AS DUBUQUE STREET; THENCE S14°40'37"W, ALONG A LINE PARALLEL WITH SAID
WESTERLY RIGHT-OF-WAY LINE, 123.00 FEET, TO THE SOUTHEASTERLY CORNER OF
SAID CONVEYED PARCEL; THENCE N45°44'53"W, ALONG THE SOUTHWESTERLY LINE OF
SAID CONVEYED PARCEL, 38.00 FEET; THENCE N73°57'48"W, 152.65 FEET, TO THE
SOUTHWESTERLY CORNER OF SAID CONVEYED PARCEL; THENCE N14°40'37" E, 104.94
FEET, TO THE POINT OF BEGINNING.
Ver. 040308 6
Exhibit B
TEMPORARY CONSTRUCTION AREA
(Attached)
Ver. 040308
Y
m
SITE EXHIBIT a
TTa���TTT��T TT�a� �oT� N LL ALMU5 0 00U)
OOf
LEGENDU.
_
_ ` i
� CONSTRUCTION TRAFFIC INGRESS/EGRESS 3 Z
f LL
01
m U
X X TEMPORARY PATH CLOSURE tis m
4yT poODODODO
a
TEMPORARY CONSTRUCTION AREA'
't. f
r .
N
a a 7 W u t6
} ! � Q
c
tiO
u Q _
cl N
t z Q—
a0 p a
n W M
o U rn
(n
� � M
W
'; i� 7777777 7777777 � �.
W
O
LLJ co
N Zco
W
ca
LEASE AREA, U
3 W m w
W
0 W Z
cn
"A
0 300
SNYDER
&ASSOCIATE S
IA-80
SCALE (FEET)
Project No: 1190998
` 'r Sheet 1 of 1
Exhibit F
REST AND EDUCATIONAL AREA LOCATION
(ATTACHED)
-32-
Waterworks Solar — Iowa City
1/14/2020 TWFORINASH
S N Y D E R^ 0 150 300 REST AND EDUCATIONAL AREA
&ASSOCIATES N 6mmml
FEET MIDAMERICAN ENERGY - WATER WORKS SOLAR SITE
Kellie Fruehling
From: Lynette Marshall <lynettelmarshall@gmail.com>
Sent: Friday, March 6, 2020 9:12 AM
To: Geoff Fruin; Council
Subject: Iowa City, MidAmerican Energy could team up to create solar panel farm as part of
climate action plan
Rl!5
Dear Geoff and members of the Council
I applaud the city's interest and efforts to embrace more sustainable energy sources, especially solar. I am proud to live
in a city where we are focused on solar energy going forward. It is deeply disturbing to me, though, to think we are
doing this at the expense of important prairie habitat in the Water Works park, a place which is already a resource for
flora and fauna and respite for many citizens. Having low plants under solar panels is certainly no substitute for the
habitat that has been developed over a number of years.
Please, please reconsider the location to areas that are already paved, that are not home to so many important species
and that do not destroy a cherished natural area.
Thank you for your consideration.
Lynette L. Marshall
Subject: Iowa City, MidAmerican Energy could team up to create solar panel farm as part of climate action plan
https://www.kcrg.com/content/news/Iowa-City-M idAmerican-Enerev-could-team-up-
to-create-solar-panel-farm-as-part-of-climate-action-pla n-568456441.htmI
Iowa City, MidAmerican Energy
could team up to create solar
panel farm as part of climate
action plan
Aaron ScheinblumTue 5:59 PM, Mar 03, 2020
IOWA CITY, Iowa (KCRG) - Iowa City may soon be home to thousands
of solar panels that would be owned and operated by MidAmerican
Energy.
A City of Iowa City UTV is parked at Waterworks Prairie Park in Iowa City on Tuesday,
March 3, 2020. Nearly 19 acres of land could be leased by MidAmerican Energy to
create a large scale solar energy system that could power about 580 average Iowa
homes. (Aaron Scheinblum/KCRG)
As part of the city's Climate Action Plan, released in November 2019,
the city said it was one of their short-term goals to enter an agreement
with the energy company in creating a lot for solar panels. Now the
terms of that agreement are being considered by members of the city
council, and that could lead to a public hearing for community
members to express their opinions, too.
The proposed site is at the Waterworks Prairie Park on the northeast
side of Iowa City, located just north of Interstate 80 near Dubuque
Street. MidAmerican Energy would lease nearly 19 acres of land at the
park for at least 30 years. The energy company will have the option to
extend the deal for an additional ten years after that.
MidAmerican would pay rent of $13,440 in the first year, and then
increase by 3 -percent each year after that. MidAmerican would pay for
everything "associated with the construction and maintenance of the
solar energy system," according to the potential agreement.
While the deal would be the first of its kind for the city of Iowa City,
staff with MidAmerican said it would also be a first for them, marking
the first time the company has built a large-scale solar energy system.
"We're excited to partner with the city to implement our first project
and really learn a lot about solar energy through this first project,"
Adam Jablonski, the director for renewable energy development for
MidAmerican Energy, said.
The solar energy system is expected to create 3 megawatts of energy.
Jablonski said that is the equivalent to enough power for 580 average
homes in Iowa.
With the city's climate action goals, leaders in Iowa City have been
working to find a partnership that would allow them to further reach
those goals.
"It's meaningful that it generates a substantial amount of renewable
energy that will go into the grid and that will be used by people in the
MidAmerican service territory, which includes Iowa City," Geoff Fruin,
the city manager for Iowa City, said. Fruin has been working with
MidAmerican on the potential deal.
Currently, the space MidAmerican Energy wants to acquire is described
by the city as "non -developable." The 18.89 acres of land are planted
with prairie. MidAmerican would replace that with other vegetation
that would not interfere with the solar panels, and place roughly
10,000 solar panels in the space.
Fruin says the large display would create a large impact for people in
the city and driving by on I-80 to see the city's climate action goals
being reached.
"You'll see that as you drive along I-80, and as you walk along the trails
in Waterworks Prairie Park, you'll be able to see that solar array to
learn from some signage that will be in the area," Fruin said. "And
hopefully it will inspire folks to take actions themselves."
Jablonski said they plan to begin construction this spring and expect it
to be finished and fully operational by the end of 2020.
The Iowa City City Council still needs to approve the deal. The city
council is expected to schedule a public hearing on March 24 at Iowa
City City Hall.
The city council would have the ultimate decision to pass or reject the
deal after that hearing.
Kellie Fruehling
From: miriam.kashia@gmail.com
Sent: Friday, March 6, 2020 10:32 AM
To: Geoff Fruin; Council
Subject: Iowa City, MiclAmerican Energy could team up to create solar panel farm as part of
climate action plan
To Geoff & Iowa City Council members:
Everything we do matters!
A solar farm is a splendid idea, but sacrificing wild places to build it is not.
Please reconsider where this is to be constructed & select a place that has already been environmentally
compromised. Don't sacrifice the Water Works Park. It's a local treasure enjoyed by many including waterfowl
& birds - not just people. Really bad idea.
Respectfully & hopefully,
Miriam Kashia
Sent from my iPhone
This email is from an external source.
Kellie Fruehling
From: Ankrum, James A <james.a.ankrum@gmail.com>
Sent: Friday, March 6, 2020 10:41 AM
To: Council
Subject: Iowa City, MidAmerican Energy could team up to create solar panel farm as part of
climate action plan
A
RISK
City Council,
Please reject MidAmerican's plan to destroy prairie in Waterworks Park. Destroying restored prairie to create a solar
panel is not how we should approach our sustainability goals. There are surely other tracts of land that are not a unique
habitat for thousands of birds, insects, beaver, and other animals that could be used instead. Waterworks park is a
sanctuary for thousands of Iowa Citians who walk the paths and enjoy the serenity of nature without having to venture
far out of the city.
James Ankrum
Iowa City Resident
889 Sugar Loaf Circle.
Kellie Fruehling
From: Bishop, Gail <gail-bishop@uiowa.edu>
Sent: Friday, March 6, 2020 11:06 AM
To: Geoff Fruin; Council
Subject: proposal for solar panels in Water Works park
RF51�
Dear Geoff and members of the Iowa City Council,
There is no doubt of our need to greatly expand the portion of our energy needs provided by environmentally
sustainable sources. I thus support the concept of Iowa City acquiring greater solar energy capacity. However, I was
very dismayed to read that the city is considering expanding this capacity at the expense of another important
environmental goal, to sustain our natural prairie habitats. The Water Works Park, a place I and my family have enjoyed
for years, is a wonderful environment for native flora and fauna, supporting multiple species of both. It creates a much-
needed tranquil natural place close to a more hectic urban setting. The proposal to rip this up so MiclAmerican can
`replace it with vegetation that would not interfere with solar panels' greatly saddens me. To assert that walking the
Water Works trails to view solar arrays is as restorative to our Iowa City residents as their current opportunities to view
the rich and complex prairie environment, does our citizens a disservice.
I implore you to identify another location for these solar panels. Whether they are viewable by drivers on 1-80 should
not be the primary criterion for choosing their location. Please don't pursue the worthy goal of protecting our future
environment by destroying the natural areas we need and use today.
Thank you for considering this request.
Gail Bishop
Notice: This UI Health Care e-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18
U.S.C. 2510-2521 and is intended only for the use of the individual or entity to which it is addressed, and may contain
information that is privileged, confidential, and exempt from disclosure under applicable law. If you are not the intended
recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If you have received
this communication in error, please notify the sender immediately and delete or destroy all copies of the original
message and attachments thereto. Email sent to or from UI Health Care may be retained as required by law or
regulation. Thank you.
Kellie Fruehling
From: charlenelange@mediacombb.net
Sent: Friday, March 6, 2020 7:38 PM
To: Geoff Fruin; Council
Subject: Solar Farm
AIISK
To the City Council:
I applaud your efforts to develop a solar farm. Please consider a different location. The Water Works Park is beautiful
and has not been environmentally compromised. It is a great eco system. This should not be sacrificed for the sack of
energy. This location is a bad idea.
Dreaming of new solution.
Charlene Lange, Iowa City, 1209 Diana St.
Kellie Fruehling
From: Carol deProsse <lonetreefox@mac.com>
Sent: Tuesday, March 10, 2020 3:19 PM
To: Geoff Fruin; Council
Subject: Waterworks Solar
Geoff, Council,
The public hearing on this wretched idea is the 24th of the month. When is it anticipated that the Council will
vote such insanity up or down?
Carol
This email is from an external source.
Kellie Fruehling
From: laurie crawford <lauriecrawford517@gmail.com>
Sent: Wednesday, March 11, 2020 2:23 PM
To: Council
Subject: Waterworks Prairie Park
�ISI�
Dear Mayor Teague and Council Members:
Habitat loss, by clearing nineteen acres Waterworks Prairie Park, will have far reaching, permanent, devastating
consequences. Land is a finite resource for all life. Waterworks Prairie Park was established with specific goals in mind. The
goals did not include solar panels.
"One goal of this park was to restore the landscape to a prairie
wetland". https:J/dsps lib uiowa edu/iowacityparks/2016101101/water-works-prairi -park)
1. A prairie park is prime habitat for wildlife.
(a) "Because the park is a protected haven, a wide variety of organisms have been spotted here, including turkeys, deer,
coyotes, fox, mink, beavers, and a multitude of turtles and fish". hUps://dsps lib uiowa edu/iowacityl2arks/2016/01/01/water-works-
prairie-park/
(b) "Waterworks Prairie Park is a popular birding spot. Though the park is frequented by many relatively common
species, such as Starlings, Indigo Buntings, Blue birds, Goldfinches, geese and ducks, there are also some
oddities." https://dsps lib uiowa edu/iowacityparks/2016/01/01/water-works-prairi -par
2. Habitat loss will have a devastating impact on all wildlife.
(a) Habitat loss directly contradicts the recommendation set aside parks/green areas - as wildlife habitat for deer and other
species - to encourage co -existence and reduce browse complaints by intolerants;
(b) Habitat loss will impact our already seriously declining bird population. "North America's general bird population has
declined almost 30% since 1970. Grasslands bird populations have declined 53% since
1970." https:J/www newsmax com/thewire/birds-decline-northamerica/2019109/20/id/933639/
3. Pollinators: As communities are becoming aware of the key role played by pollinators such as birds and bees, Iowa City is
proposing something that will kill birds and insects. Birds and insects are killed by crashing into solar panels or being set on
fire when they land on the panels they mistake for a water body. "Numbers of birds killed are high enough to concern bird and
conservation groups - regardless of the environmental benefits of solar power." hhttps://www scientificamerican com/a l /solar -
farms -threaten -birds/
4. Co -exist: Progressive communities are seeking non -lethal methods to encourage co -existence with deer. Setting aside parks
as designated wildlife habitat encourages deer to live in those areas and reduces sightings and complaints in residential areas.
Clearing park land and killing deer in parks, both drive deer back into residential areas which increases complaints by
intolerants.
S. Alternatives: Why not, instead, incentivize downtown businesses and high rises to place solar panels on top of buildings.
This would mean less risk of bird deaths (fewer birds in that location), no habitat loss, and preservation of a precious
natural resource (Water Works Park).
Please make the responsible decision - find an alternative to destroying a limited and valuable resource, the
land/prairie/wildlife habitat represented by Waterworks Prairie Park.
Respectfully,
Laurie Crawford
Iowa City
Ashley Platz
From: Viana Rockel <vianaro1@hotmail.com>
Sent: Sunday, March 15, 2020 6:35 PM
To: Council
Subject: Waterworks park
To the Iowa City Council:
I am a senior citizen living in the Peninsula area. I walk Waterworks Park several times a week when the weather
permits. I moved to this area partly because of the proximity to this park. it is not only a place for me to exercise, but
also a place to unwind and enjoy nature in an area that I feel safe and peaceful.
I encourage the city to find an alternative location for MidAmerican energy.
Viana Rockel
1771 Louis Place
Iowa City
This email is from an external source.
Ashley Platz
From: Patricia Ryan <patriciaryan1652@gmail.com>
Sent: Sunday, March 15, 2020 6:35 PM
To. Council
Subject: solar panels at Waterworks Park
I understand that there's a proposal for MidAmerican to put solar panels all over Waterworks Park. If that's true, I want
to beg you to reconsider. I'm all in favor of solar, but that park is irreplaceable for its prairie, wetlands, habitat for birds
and mammals, biking, hiking, etc. Those are all things we need for our own health and the health of our planet.
I agree that we need solar panels, too, but they could go on top of buildings, parking ramps, etc., places where they can
do their job without destroying anything. Please help MidAmerican come up with a better plan.
Thank you,
Pat Ryan
188 Prairie Hill Lane
Iowa City
Ashley Platz
From: Casey D Mahon <cdmahon@mchsi.com>
Sent: Sunday, March 15, 2020 6:54 PM
To: Council
Cc: Jeffery Ford
Subject: Waterworks park
Dear Council Members—. Thank you so much for your service. Please give, as we Irish say, a WEE bit more time for
consideration of this project. It strikes me that because of a dearth of newspaper coverage of this local news, not to
mention most other local news, folks have not had time to think or even become informed about this proposal. Thank
you. Casey D Mahon 860 Foster Rd.
This email is from an external source.
Ashley Platz
From: lochers@mchsi.com
Sent: Monday, March 16, 2020 8:31 AM
To: Council
Cc: stephen locher
Subject: Please Do Not Develop Solar Panel Arrays on Water Works Prairie Park
Dear Council Members,
Please preserve the well developed prairie under consideration for a solar panel array at the Water Works Prairie Park !
This prairie has been maturing for years now and provides an extensive habitat for prairie species of plants, animals and
an abundant and diverse bird life. Please select other sites for these solar array projects, and preserve the restored
prairie at the Water Works Prairie Park.
My family and friends have walked along this prairie for years identifying birds and flowers, and watching the emergence
of milk weed serving as habitat for Monarch butterflies. Please do not destroy this exquisite habitat!
Stephen Locher
618 Stuart Court
Iowa City 52245
319-331-1863
Sent from my iPad
This email is from an external source.
Ashley Platz
From: O'Dorisio, Sue <sue-odorisio@uiowa.edu>
Sent: Monday, March 16, 2020 9:14 AM
To: Council
Subject: Waterworks Prairie Park
AA
RI!�F
Dear Council Members:
Please work to preserve the Waterworks Prairie Park as one of the only such habitats for Meadow Larks in Iowa City.
I work at the University of Iowa and enjoy this park often. While I support solar energy, I think the Mid American efforts
could be better focused on rooftops of homes, university buildings, and churches.
Peace,
Sue O'Dorisio
Notice: This UI Health Care e-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18
U.S.C. 2510-2521 and is intended only for the use of the individual or entity to which it is addressed, and may contain
information that is privileged, confidential, and exempt from disclosure under applicable law. If you are not the intended
recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If you have received
this communication in error, please notify the sender immediately and delete or destroy all copies of the original
message and attachments thereto. Email sent to or from UI Health Care may be retained as required by law or
regulation. Thank you.
Ashley Platz
From: Kim Palmer <kalpal2@brentopalmer.com>
Sent: Sunday, March 15, 2020 6:05 PM
To: Council
Cc: Jeffery Ford
Subject: Waterworks Park
We are all for solar energy, but there has to be a better solution than to take a park that has been developed into a
prairie atmosphere. Now it is home to a wide variety of birds and bees. Providing habitat for pollinators is also
important. And the park provides wonderful walking paths for people of all abilities (eg wheelchairs) and ages
(e.g.,tricycles).
Please reconsider this proposal in favor of another site.
Kim and Lula Palmer
803 McCollister Ct
kalpal2@brentopalmer.com
Sent from my iPhone
This email is from an external source.
Ashley Platz
From:
Darrow <oakleaf7@gmail.com>
Sent:
Sunday, March 15, 2020 4:44 PM
To:
Geoff Fruin
Cc:
Council
Subject:
Re: Iowa City solar panel project at Waterworks Prairie Park
Attachments:
image001 jpg
I
FtlIl�
Thank you Geoff! Yes this was very helpful and great to hear.
I'll look forward to hearing more about it when the plan is made.
Best,
Da rrow
On Sun, Mar 15, 2020, 4:04 PM Geoff Fruin <Geoff-Fruin(d)iowa-city.org> wrote:
Darrow,
Thank you for your email regarding the proposed solar partnership with MidAmerican. Our intent is to allow the
natural area and solar to coexist. The installation of the panels and related infrastructure will damage the existing
prairie. We are working with MidAmerican on a vegetation management plan that will allow new plantings to grow
under the panels and continue to be a natural asset and serve various forms of wildlife.
There are many examples of programs that have been designed to achieve this desired goal. Here is one such program
from the State of Virginia, https://www.dcr.virginia.ROV/natural-heritage/pollinator-smart. Both MidAmerican and the
City of Iowa City are committed to this effort.
Thank you again for your email. I hope this response was helpful,
Geoff Fruin
City Manager
From: Darrow <oakleaf7@gmail.com>
Sent: Saturday, March 14, 2020 5:56 PM
To: Council <Council@iowa-city.org>
Subject: Iowa City solar panel project at Waterworks Prairie Park
City Council,
Regarding the proposed solar panel project at Waterworks Prairie Park, could it be required that prairie coexist with
the solar panels on the land?
I would appreciate any and all responses to know if that idea has been or is being considered and your thoughts about
it.
I read in a KCRG article that MidAmerican would replace the prairie with "other vegetation that would not interfere
with the solar panels".
My understanding is that prairie would not interfere with the solar panels if the panels are installed high enough to be
taller than tall grass prairie and appropriate trails and access ways are properly managed. That management could be
done by MidAmerican or could be an opportunity to employ people in the community to manage it.
This is important because in addition reducing emissions by transitioning to renewable energy generation we also need
to drawdown carbon from the atmosphere, and one very effective way to do that in our local area is allow prairie to
grow and pull carbon in to the soil.
Thanks for your time and consideration.
Darrow Center
I have family who lives in Iowa City, I live in Cedar Rapids.
oakleaf7@gmail.com
Disclaimer
Ashley Platz
From: liz moore <lizbone28@yahoo.com>
Sent: Monday, March 16, 2020 3:50 PM
To: Council
Subject: Waterworks Prairie Park
ARIX
Council Members:
Please leave Waterworks Park as a prairie. Prairie is disappearing and supplies much diversity in wild native plants and
habitat for animals.
Thank you,
Liz Moore
2645 Willow Ct. NE
North Liberty, IA
Ashley Platz
From: Bob Sessions <sessions.bob@gmail.com>
Sent: Tuesday, March 17, 2020 9:32 AM
To: Council
Subject: Solar panels in Water Works Park
AI
Dear Council Members,
Please preserve the well developed prairie under consideration for a solar panel array at the Water
Works Prairie Park ! This prairie has been maturing for years now and provides an extensive habitat for
prairie species of plants, animals and an abundant and diverse bird life. Please select other sites for
these solar array projects, and preserve the restored prairie at the Water Works Prairie Park.
My family and friends have walked along this prairie for years identifying birds and flowers, and
watching the emergence of milk weed serving as habitat for Monarch butterflies. Please do not destroy
this exquisite habitat!
Robert Sessions
222 Fairview Ave
Iowa City 52245
Ashley Platz
From: Feather Lacy (Personal) <flacy@pobox.com>
Sent: Tuesday, March 17, 2020 11:14 AM
To: Bruce Teague; 'Jim Throgmorton'; John Thomas; Mazahir Salih; Council; Pauline Taylor,
'Rockne Cole'; Susan Mims; Geoff Fruin
Subject: Please do NOT cover the Waterworks Prairie with Solar Panels
A
■
R111t
Dear City Council Members,
I was horrified to read this recently, "The 200 -acre Waterworks Prairie Park is home to hiking trails, ponds, wetlands,
prairie and wildlife — and possibly 10,000 solar panels later this year" in the Cedar Rapids Gazette. We pedal through
that area almost every week, all year. The beautiful wildflowers in the "prairie" are the highlight of the ride. This park
attracts many bikers and walkers all year around, but during the fall it is especially beautiful with many native plants.
I agree that solar panels are needed to combat the climate crisis, but not on the only prairie in Iowa City. It would be
better to put solar panels on buildings, on roofs of houses or above parking lots to shade the cars etc. For example, why
not put the panels on the Water Plant building itself?
On March 15, the Gazette had another article titled "Apartment of the future is here" which made much more sense.
The building facade is made of solar panels.
<https://www.thegazette.com/subiect/life/home-and-garden/apartment-building-design-architecture-front-flats-
philadelphia-20200315>.
Feather Lacy
Iowa City
flacy@pobox.com
3/17/2020 The apartment building of the future is here, and it looks like a giant battery I The Gazette
The apartment building of the future is here,
and it looks like a giant battery
PHILADELPHIA— If you crossed a D -volt battery and the Death Star,
you might get something that looks like Front Flats, the latest
apartment project from the architect -developers known as Onion
Flats. That's meant as a compliment, by the way. Jammed against
Philadelphia's Market-Frankford El on the Kensington-Fishtown
border, the four-story building doesn't just resemble a power plant, it
functions as one, too.
Apart from the ground floor and a few narrow openings for windows,
every inch of the exterior is encased in a sarcophagus of indigo -colored
solar panels. The panels are designed to produce enough electricity to
feed all of Front Flats' 28 apartments, and still have plenty of juice left
over to send a sizable amount back to the grid.
It's an impressive accomplishment, but there is no doubt that the dark,
brooding screen can be a jarring sight, even in a neighborhood where
the construction boom has made for some strange material
bedfellows — stucco and vinyl siding, anyone? So, you have to ask: Are
Front Flats' wraparound solar panels just a gimmick? Or, do they
represent a meaningful advance in sustainable design? And, if it's the
latter, does that make it good architecture?
Tim McDonald, who is both the building's architect and Onion Flats'
front man, told me that his 13 -year-old son has already pronounced
the panel -clad apartments "ugly." I'm sure he won't be the only one to
render that judgment. But architecture isn't binary, either beautiful or
ugly, and the issues raised by this building are too important to
dismiss it at first sight.
As all but a few head -in -the -sand politicians will acknowledge, climate
change is fast bearing down on our planet, threatening to submerge
Manhattan and Miami below sea level, and turn Pennsylvania's apple
orchards into orange groves. It's only March, but climatologists are
already predicting that 2020 will be among the 10 hottest years on
record. One of the prime culprits for that sorry situation, as McDonald
observes, is the construction industry, which is responsible for roughly
40 percent of all greenhouse cases.
"Why aren't architects taking on climate change like their lives
depended on it?" McDonald demanded as he showed me around the
https://www.thegazette.com/Subjectllifelhome-and-garden/apartment-building-design-architecture front-flats-philadelphia-20200315 1/7
3/1712020 The apartment building of the future is here, and it looks like a giant battery I The Gazette
just -completed project, built on a vacant lot at Front and Norris, a
minute's walk from the Berks EI station.
It's true that we're still erecting plenty of energy -guzzlers, including
the all -glass skyscrapers that are sprouting all over Philadelphia and
other big cities. But it isn't quite fair to accuse architects, or even
developers, of ignoring the climate issue. In the two decades since the
U.S. Green Building Council established its Leadership in Energy and
Environmental Design (LEED) rating system, designers have made big
strides in reducing the amount of energy their buildings need to
operate.
�4/?'`E�° E Q:6f d MFFF SCFF�d� f.e�t 4 d�i66T
Sponsored CGII Cf !It
HPE is delivering the world's fastest
supercomputer L
By HPE
Many architects, including McDonald, have gone well beyond the
LEED standards, to create so-called Net Zero buildings, which
consume no fossil fuels at all. As prices for solar panels have fallen,
rooftop arrays have also become common; you can even see them on
the city's old rowhouses. But few Philadelphia designs have flaunted
their sustainability bona fides in quite the same way that Front Flats
does. And because it wears its virtue on its sleeve, the burden of
justifying the unusual design is greater.
McDonald says Onion Flats made the decision to wrap the building's
facade in solar panels because the roof alone wouldn't have provided
enough space to power all 28 apartments. The more surface area you
have for collecting the sun's rays, the more electricity you can
generate. According to the computer models Onion Flats prepared for
https://www.thegazatte.com/subjectilife/home-and-garden/apartment-building-design-architecture-front-flats-philadelphia-20200315 217
3/17/2020 The apartment building of the future is here, and it looks like a giant battery I The Gazette
the design, the Front Flats design will churn out 20% more power than
the building consumes.
The panels, which are "bifacial" because they can absorb light from
both sides, don't just generate power, McDonald adds, they also act as
shades, deflecting the sun's heat and further reducing energy
consumption. The dark veil, he jokes, also means that residents don't
need curtains.
You might expect the massive screen to turn the apartments into
caves, but they're surprisingly bright. McDonald left horizontal
openings between the tiers of panels, so that every window has a
partially unobstructed view. Those openings, incidentally, are virtually
the same dimension as the ribbon windows you find on `60s -era
buildings.
McDonald is a tech geek who can rattle off energy metrics. But he is
also attuned to old-fashioned architectural craft. In contrast to the
building's take -no -prisoners exterior, the interiors are full of small,
thoughtful details that soften the experience. All the apartments have
real oak floors, as opposed to the veneered or fake kind. I can't
remember the last time I visited a new apartment building where the
staircases were made from solid wood.
Those details make it possible to imagine living in one of the eight,
300 -square -foot micro -units, which are so small, they come with their
own folding, Murphy beds. The interior garden, with its custom-
designed, galvanized railing, and the solar -panel -shaded roof deck are
also lovely spaces.
Front Flats isn't quite as thoughtful in the way it relates to its
surroundings. McDonald's giant battery pack butts up against two
elegant, neoclassical banks from the early 20th century. (Both are
owned by Onion Flats and are waiting for a tenant to underwrite their
much-needed renovations.) But in its lack of contextualism, Front Flats
is no different from the dozens of other projects springing up nearby.
None, unfortunately, are kind to their neighbors.
McDonald did make one important concession to appearance. Solar
panels are normally angled to follow the path of the sun. That would
have made the building even more jarring, so the panels are hung
parallel to the walls, like any other cladding. The trade-off means they
produce less energy.
ARTICLE CON IINUFS BELOW AVVERTISEMEN7
https://www.thegazette.com/subjectilife/home-and-garden/apartment-building-design-architecture-front-flats-philadelphia-20200315 3/7
3/17/2020 The apartment building of the future is here, and it kooks like a giant battery I The Gazette
Email
NEWS AND SPORTS
The day's top news and sports right in your inbox.
am above 13 years of age, and agree to sending policies.
PrivacyPolicy
SALE! TIES TO OUR PAST HARDCOVER - $15
A memorable gift for any Cedar Rapids history buff. Get this hardcover edition, on sale now!
Onion Flats had originally hoped that Front Flats would secure a
certification from the Passive House Institute, but it narrowly missed
the target numbers, according to McDonald. He says Front Flats could
have easily qualified for LEED's highest rating, Platinum. The project
goes to such lengths to reduce its carbon footprint that it was built
without an elevator and has no connection to the city's gas lines.
Designing rigorously green buildings isn't something Onion Flats only
just discovered. The firm has been a leading voice in Philadelphia for
sustainability for two decades. It was the first in the city to include
electric car chargers (Thin Flats), the first to meet Passive House
standards (The Battery and three Logan houses), and among the first
to attempt off-site modular construction (Stable Flats).
httpsJ/www.thegazette.cmWsubjectllife/home-and-gardenlapartment-building-design-architecture=front flats-philadelphia-20200315 4f7
3/17/2020 The apartment building of the future is here, and it looks like a giant battery I The Gazette
McDonald managed to design those environmentally conscious
projects with more conventional —and more elegant — facades. So
why change the approach at Front Flats?
McDonald clearly sees his battery pack as an in -your -face provocation.
If we really want to save the planet, its design suggests, then we have
to be willing to question conventional ideas of beauty and comfort.
This building, in this location, is fine as a call -to -action, even if it is hard
to imagine Front Flats serving as a model for future green buildings.
One thing is sure, though. It's easier to get used to solar panels on the
facade of a building, than flooding and brush fires sweeping the earth.
GIVE US FEEUBACK
We value your trust and work hard to provide fair, accurate coverage. If you have
found an error or omission in our reporting, tell us here.
Or if you have a story idea we should look into? Tell us here.
https://www.thegazette.com/subjectllife/home-and-garden/apartment-building-design-architecture-front-flats-philadelphia-20200315 5/7
-J� 1 D.
Kellie Fruehlin
Late hanaouTs Distrll
From: Katherine Carolan <kkcarolan@gmail.com>
Sent: Saturday, March 21, 2020 2:37 PM
To: Council 3 - 3_
Subject: Solar panels at IC Waterworks Prairie Park
(Date)
Dear Council --I understand that at the next meeting, you will be having public discussion on a proposal to convert 18+ acres of the
current IC Waterworks Prairie Park on Dubuque St to solar arrays. I applaud the idea, but would ask you to please reconsider the
exact location of the array. As it is now proposed, it eliminates much needed prairie and more importantly, occupies one of the
more utilized parts of the park. It seems that the same benefit could be derived by placing the array in the area directly around the
water plant buildings themselves (perhaps with one demo panel at the entrance to the park, to increase public awareness) without
detracting from rurrrent park usage, and without losing as much prairie habitat (the currently proposed area is heavily populated by
meadowlarks and other nesting birds). Please see rough drawing attached (purple indicating where solar array would go) of an
alternate placement that I believe would have less impact on the habitat, and that would still have public visibility from both
Dubuque St and the Interstate.
Thank you for your consideration.
Katherine Carolan
3140 Dubuque St NE
Iowa City IA. 52240
This email is from an external source.
Kellie Fruehling
From: Sherri Bergstrom <sherrib2490@gmail.com> Late Handouts Distributed
Sent: Monday, March 23, 2020 4:33 PM
To: Council
Subject: Solar Project in Waterworks Park
(Date)
To the Mayor and City Council Members:
I am writing to request that you would consider alternative sites other than Waterworks Park for installation
of solar panels.
My family uses the Waterworks Park trails and recreational areas all year round for walk-in, running, and
biking. The beauty of the park is breathtaking and we enjoy watching the birds, butterflies, animals and native
plants.
We support solar energy, but it seems that the panels could be placed on a degraded site rather than using this
beautiful natural prairie.
Please consider other options for the panels. The prairie you are considering is an important habitat for native
plants, birds and animals.
Thank you for your consideration.
Sherri Bergstrom
63o/886-4933
Sent from my iPhone
This email is from an external source.
ME
Kellie Fruehling
From: jim walters <jcmwalt@infionline.net>
Sent: Monday, March 23, 2020 8:56 PM Late Handouts Distributed
To: geoff-fruin@kiowa-city.org
Cc: Council
Subject: Waterworks Prairie Park 3 y —_—)_ Q
(Date)
r
��slt
Hi Geoff -
I'm writing to express my deep concerns about locating up to 10,000 solar panels in Waterworks Prairie Park on the
north side of Iowa City. First, and foremost, because this represents a taking our limited and dedicated parkland and
converting it to an industrial use.
But I'm also concerned that the environmental consequences have not been properly considered.
As someone with a life-long interest in bird conservation, I believe the Waterworks Prairie Park represents something of
huge importance. If you view presettlement Iowa as being comprised of woodlands, wetlands, and prairies, it is the
latter that has almost entirely disappeared. As a consequence the most threatened group of native bird species are now
our grassland birds.
So when the city took the bold step to create this "prairie" park it was an opportunity to create an area for some of our
most threatened species right in our urban community. How wonderful was that!
The organization I head, the Johnson County Songbird Project, has taken an active role in bird conservation work at
Waterworks - not with the grassland species, but with a bluebird/tree swallow trail and a purple martin colony on the
fishing deck - both of which have been successful for many years and delight park visitors.
Has the city done an adequate inventory of the birds at Waterworks Prairie Park? Do you know which species are
nesting in the prairie areas? Have you considered what the impact on these nesting species will be? I suspect this work
has not been done, and it should be before this plan moves forward.
I am not unappreciative of the need to promote alternative energy. Our family, for well over a decade, has made a
monthly contribution to MidAmerican's "Renewable Advantage" program to fund wind power. But this proposed solar
panel farm could easily be located somewhere other than in one of our premiere parks.
MidAmerican Energy is a very affluent, and well -funded corporation. They do not need taxpayer assistance. They could
easily buy or lease land adjacent to Iowa City for this purpose - even taking land out of unnecessary agricultural
production - rather than taking our precious parkland.
I urge you to reconsider moving forward with this plan.
Sincerely,
Jim Walters, President
Johnson County Songbird Project
■
Kellie Fruehling
From: jim waiters <jcmwalt@infionline.net>
Sent: Tuesday, March 24, 2020 9:34 AM
Late Handouts Distributed
To: Geoff Fruin
Cc: Council
Subject: Waterworks Prairie Park
(Date)
RI!I
Ss �c
Hi Geoff -
I'm writing to express my deep concerns about locating up to 10,000 solar panels in Waterworks Prairie Park on the
north side of Iowa City. First, and foremost, because this represents a taking our limited and dedicated parkland and
converting it to an industrial use.
But I'm also concerned that the environmental consequences have not been properly considered.
As someone with a life-long interest in bird conservation, I believe the Waterworks Prairie Park represents something of
huge importance. If you view presettlement Iowa as being comprised of woodlands, wetlands, and prairies, it is the
latter that has almost entirely disappeared. As a consequence the most threatened group of native bird species are now
our grassland birds.
So when the city took the bold step to create this "prairie" park it was an opportunity to create an area for some of our
most threatened species right in our urban community. How wonderful was that!
The organization I head, the Johnson County Songbird Project, has taken an active role in bird conservation work at
Waterworks - not with the grassland species, but with a bluebird/tree swallow trail and a purple martin colony on the
fishing deck - both of which have been successful for many years and delight park visitors.
Has the city done an adequate inventory of the birds at Waterworks Prairie Park? Do you know which species are
nesting in the prairie areas? Have you considered what the impact on these nesting species will be? I suspect this work
has not been done, and it should be before this plan moves forward.
I am not unappreciative of the need to promote alternative energy. Our family, for well over a decade, has made a
monthly contribution to MidAmerican's "Renewable Advantage" program to fund wind power. But this proposed solar
panel farm could easily be located somewhere other than in one of our premiere parks.
MidAmerican Energy is a very affluent, and well -funded corporation. They do not need taxpayer assistance. They could
easily buy or lease land adjacent to Iowa City for this purpose - even taking land out of unnecessary agricultural
production - rather than taking our precious parkland.
I urge you to reconsider moving forward with this plan.
Sincerely,
Jim Walters, President
Johnson County Songbird Project
Kellie Fruehling
From:
Sent:
To:
Carol deProsse <lonetreefox@mac.com>
Monday, March 23, 2020 10:36 PM
Geoff Fruin; Council
Cc: jim wafters
Subject: Fwd: Waterworks Prairie Park
I
RISIK
I completely agree with Jim Walters.
■ a
Late Handouts Distributed
(Date)
When are we going to wake up to the fact that we can't continue to reduce the amount of land available for nature
without there being negative consequences?
Begin forwarded message:
From: jim walters <jcmwalt@infionline.net>
Date: March 23, 2020 at 10:10:39 PM CDT
To: geoff-fruin@kiowa-city.org
Cc: council@iowa-city.org
Subject: Waterworks Prairie Park
Hi Geoff -
I'm writing to express my deep concerns about locating up to 10,000 solar panels in Waterworks Prairie
Park on the north side of Iowa City. First, and foremost, because this represents a taking our limited and
dedicated parkland and converting it to an industrial use.
But I'm also concerned that the environmental consequences have not been properly considered.
As someone with a life-long interest in bird conservation, I believe the Waterworks Prairie Park
represents something of huge importance. If you view presettlement Iowa as being comprised of
woodlands, wetlands, and prairies, it is the latter that has almost entirely disappeared. As a
consequence the most threatened group of native bird species are now our grassland birds.
So when the city took the bold step to create this "prairie" park it was an opportunity to create an area
for some of our most threatened species right in our urban community. How wonderful was that!
The organization I head, the Johnson County Songbird Project, has taken an active role in bird
conservation work at Waterworks - not with the grassland species, but with a bluebird/tree swallow trail
and a purple martin colony on the fishing deck - both of which have been successful for many years and
delight park visitors.
Has the city done an adequate inventory of the birds at Waterworks Prairie Park? Do you know which
species are nesting in the prairie areas? Have you considered what the impact on these nesting species
will be? I suspect this work has not been done, and it should be before this plan moves forward.
I am not unappreciative of the need to promote alternative energy. Our family, for well over a decade,
has made a monthly contribution to MiclAmerican's "Renewable Advantage" program to fund wind
power. But this proposed solar panel farm could easily be located somewhere other than in one of our
premiere parks.
MiclAmerican Energy is a very affluent, and well -funded corporation. They do not need taxpayer
assistance. They could easily buy or lease land adjacent to Iowa City for this purpose - even taking land
out of unnecessary agricultural production - rather than taking our precious parkland.
I urge you to reconsider moving forward with this plan.
Sincerely,
Jim Walters, President
Johnson County Songbird Project
Kellie Fruehling
From: Jim Trepka <jim_trepka@msn.com>
Sent: Tuesday, March 24, 2020 8:33 AM
To: geoff-fruin@kiowa-city.org
Cc: Council
Subject:
Attachments:
IOWA CHAPTER
March 24, 2020
-JW / C).
Proposal for MidAmerican solar farm at Waterworks Prairie Park in Iowa City
MIDAM solar comments (Jim Trepka).docx
Members of the City Council
410 E Washington St
Iowa City, Iowa 52240
wDalligi
Late Handouts Distributed
3 -ay
(Date)
RE: Proposal for MidAmerican solar farm at Waterworks Prairie Park in Iowa City
Dear Council Members:
The MidAmerican solar proposal at Waterworks Prairie Park pits two competing environmental issues — the
need for increased development of renewable energy versus the protection of wildlife and availability of
recreation areas. The problem is that the city and MidAmerican have failed to address the proper resolution of
these competing issues.
• To date, there have been no studies to determine the effect of this project on the wildlife that are
currently using the prairie, including birds (particularly grassland birds), turtles, and insects.
• This project needs an environmental assessment to determine if there are alternative sites that would
accomplish the purpose of building a solar project with less environmental impact.
■ There has been no discussion on future land acquisition to replace the 19 acres that will be developed
into the solar farm. There has been no work on avoiding or minimizing the environmental impact to the
park. The proposal to attempt to mitigate for the loss of the trees on the property line is inadequate and
is not true mitigation.
There has been no announcement from MidAmerican on how this solar farm will move MidAmerican
toward shuttering any of its 6 coal plants in Iowa. Currently MidAmerican has significantly more
reserve capacity than it needs and it has been selling its excess energy to other utilities while Iowans are
suffering from the side-effects of burning coal.
MidAmerican should support Iowa City in meeting its climate action goals by removing barriers to
customer -owned distributed generation and community -scale solar projects.
MidAmerican should also work with city officials to promote energy efficiency programs, especially for
low-income customers and small businesses.
Sincerely,
Jim Trepka
Chair Iowa City Area Group of the Sierra Club
SIERRA IOWA CHAPTER
CLUB
March 24, 2020
Members of the City Council
410 E Washington St
Iowa City, Iowa 52240
RE: Proposal for MidAmerican solar farm at Waterworks Prairie Park in Iowa City
Dear Council Members:
This MidAmerican solar proposal at Waterworks Prairie Park pits two competing environmental
issues — the need for increased development of renewable energy versus the protection of
wildlife and availability of recreation areas. The problem is that the city and MidAmerican have
failed to address the proper resolution of these competing issues.
• To date, there have been no studies to determine the effect of this project on the wildlife
that are currently using the prairie, including birds (particularly grassland birds), turtles,
and insects.
• This project needs an environmental assessment to determine if there are alternative sites
that would accomplish the purpose of building a solar project with less environmental
impact.
• There has been no discussion on future land acquisition to replace the 19 acres that will
be developed into the solar farm. There has been no work on avoiding or minimizing the
environmental impact to the park. The proposal to attempt to mitigate for the loss of the
trees on the property line is inadequate and is not true mitigation.
• There has been no announcement from MidAmerican on how this solar farm will move
MidAmerican toward shuttering any of its 6 coal plants in Iowa. Currently MidAmerican
has significantly more reserve capacity than it needs and it has been selling its excess
energy to other utilities while Iowans are suffering from the side-effects of burning coal.
• MidAmerican should support Iowa City in meeting its climate action goals by removing
barriers to customer -owned distributed generation and community -scale solar projects.
• MidAmerican should also work with city officials to promote energy efficiency
programs, especially for low-income customers and small businesses.
Sincerely,
Jim Trepka
Chair Iowa City Area Group of the Sierra Club
Sierra Club Iowa Chapter, 3839 Merle Hay Road, Suite 280, Des Moines, Iowa, 50310. 515-277-8868
Email: iowa.chapter@sierraclub.org Web: www.slerraclub.org/lowa Facebook: Iowa Chapter Sierra Club
Item Number: 11.
CITY OF IOWA CITY
`���� COUNCIL ACTION REPORT
March 24, 2020
Resolution instituting proceedings to take additional action for the issuance
of not to exceed $11,600,00 General Obligation Bonds.
Prepared By: Dennis Bockenstedt, Finance Director
Reviewed By: Ashley Monroe, Assistant City Manager
Fiscal Impact: Adopted as part of the FY2020 Revised Budget and 2020-2024 Capital
Improvement Program
Recommendations: Staff: Approval
Commission: N/A
Attachments: 2020 General Obligation Bonds Project Schedule by Hearing Type
Resolution to institute proceedings
Executive Summary:
There are two resolutions to institute proceedings for the issuance of the 2020 General Obligation
Bonds to be considered by the City Council following two separate public hearings. Attached is a
project list by hearing for the 2020 General Obligation Bonds.
All of the bonds are combined into one issue for sale and bidding, the 2020 GO Bond issue,
which is a tax-exempt general obligation bond issue. There is an additional resolution pertaining to
this issue for the authorization to levy property taxes for payment.
Background /Analysis:
The City issues bonds every spring to fund the current year's capital improvement projects listed
in the Five -Year Capital Improvement Program. The City Council is scheduled to adopt the 2020
capital improvement program on March 24, 2020.
The City's bond attorney, Kristin Billingsley Cooper, determines the number of bond resolutions
required based upon the purpose and classification of the bonds being issued. Iowa state code
classifies general obligation bonds as either General or Essential. General obligation bonds
classified as General are limited to $700,000 per project and are subject to reverse referendum
within 30 days of adoption of the resolution. General obligation bonds classified as Essential do
not have a $700,000 project expense cap and are not subject to reverse referendum.
The public hearings for the 2020 General Obligation Bond issue have a total combined issuance
amount of not to exceed $12,300,000 for projects totaling $11,972,340. The difference between
the two amounts is the estimated bond issuance costs.
ATTACHMENTS:
Description
Proposed Project List 2020 GO Bond
Resolution
2020 General Obligation Bonds
Project Schedule by Hearing Type
General
Essential Purpose -
Proj. # Project Name Description Type Purpose Recreation
GO Bond 2020 Project Totals
Public Hearing Amount
$11,272,340 $ 700,000
$11,972,340
$11,600,000 $ 700,000
$12,300,000
Asset managerment software that
Infrastructure Asset
could be utilized by all city
G4724
Management
departments to manage the physical
GIS Equipment
$ 660,000
assets for planning and management
of current or future projects.
Wetherby Park Restroom,
Replace park shelter, restrooms,
R4349
Shelter, & Playground
playground and signage. Upgrade
Parks
$ 800,000
Replacement
access paths.
Replace Napoleon Park playground
and add paths for increased
accessibility.
R4367
Napolean, Scott, Fairmeadows
Replace Scott Park playground and
parks
$ 520,000
Park Rehabilitation
picnic shelter and add concrete paths
for increased accessibility.
Replace Fairmeadows shelter, park
sign and small child playground.
HVAC and dehumification upgrades to
the Mercer Aquatic Center. Tuck
pointing and masonry repair on the
R4369
Mercer Park Pool -
interior columns of the natatorium.
Recreation
$ 700,000
Dehumidification & Tuckpointing
Address the moisture issues from the
Kalwall skylight system and rusted
lintels around the doors, windows and
above the columns in the courtyard.
Annual appropriation for resurfacing
S3824
Annual Pavement Replacement
roadways and alleys including asphalt,
Streets
$ 800,000
concrete, and brick.
Reconstruct American Legion Road to
American Legion Rd
urban standards from Taft Avenue to
S3854
Reconstruction -Scott Blvd to
Scott Boulevard including an 8'sidewalk
Streets
$ 4,851,340
Taft Ave
and reconstructing the
intersection of Scott Blvd and
Muscatine Avenue.
Improvements to the First Avenue and
First Ave/Scott Blvd Intersection
Scott Boulevard intersection, including
S3944
Improvements
a proposed roundabout, to improve
Streets
$ 1,400,000
traffic movement through the
intersection.
S3946
Court Street Reconstruction
Reconstruct Court Street from
Streets
$ 775,000
Muscatine Avenue to 1st Avenue.
Reconstruction of Rochester Avenue
from First Avenue to the bridge over
S3950
Rochester Ave Reconstruction -
Ralston Creek. The project will include
Streets
$ 650,000
First Ave to Ralston Creek
new street paving, sidewalk, utility
improvements and other associated
work.
Construction of sidewalk along both
S3957
Gilbert Court Sidewalk Infill
the west and east sides of Gilbert
Sidewalks
$ 100,000
Court, north of Highland Avenue.
Z4406
Fire Apparatus Replacement
Replacement of Fire Pumper #351
Fire Equipment
$ 716,000
GO Bond 2020 Project Totals
Public Hearing Amount
$11,272,340 $ 700,000
$11,972,340
$11,600,000 $ 700,000
$12,300,000
STAFF PRESENTATION TO FOLLOW:
1 r I
C04;qui h
CITY OF lOVVA CITY
410 East Washington Street
Iowa City, Iowa S2240-1826
(319) 356-5000
(3I9) 356-5009 FAX
www.icgov.org
City of Iowa City
2020 G.O. Bond Issue
$12,1145,000
Dennis Bockenstedt, Finance Director
2020 G.O. Bonds Time Line
March 3 Set hearing for bond purposes
March 24 Two public hearings on bond purposes;
Pre -levy authorization resolution
April 14 Moody's bond rating call
April 21 Resolutions to direct advertisement for sale of
bonds and to approve Official Statement
May 5 Receive and open bids
May 19 Resolution authorizing issuance of bonds
June 1 Close of sale of bonds
Dennis Bockenstedt, Finance Director
2020 G.O. Bonds Projects
Infrastructure Asset Management $ 660,000
Wetherby Park Improvements 8001000
Napolean, Scott, Fairmeadows Parks Rehabilitation 5201000
Mercer Park Pool - Dehumidification & Tuckpointing * 700,000
Annual Pavement Replacement 8001000
American Legion Rd Reconstruction 418511340
First Ave/Scott Blvd Intersection improvements 114001000
Court Street Reconstruction 7751000
Rochester Avenue Reconstruction 6501000
Gilbert Court Sidewalk Infill 1001000
Fire Apparatus replacement 7161000
* General Corporate purpose
Dennis Bockenstedt, Finance Director
2020 G.O. Bonds
Included in 2020 Amended Budget and Five -Year Capital Improvement
Program
Incorporated into current and future tax levy projections
Sold in competitive bidding process
Items 11 through 13 on tonight's agenda
2020 G.O. Bonds
Questions?
ffl� Dennis Bockenstedt, Finance Director
STAFF PRESENTATION CONCLUDED
� r
rrM as � h
CITY OF IOWA CITY
410 East Washington Strect
Iowa City, Iowa 52240-1826
(3 19) 356-5000
(3 19) 356-5009 FAX
www. icgov. o rg
ITEMS TO INCLUDE ON AGENDA
CITY OF IOWA CITY, IOWA
Not to Exceed $11,600,000 General Obligation Bonds (ECP -1)
Public hearing on the issuance.
Resolution instituting proceedings to take additional action.
NOTICE MUST BE GIVEN PURSUANT TO IOWA CODE
CHAPTER 21 AND THE LOCAL RULES OF THE CITY.
March 24, 2020
The City Council of the City of Iowa City, State of Iowa, met in special session, in the
Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 7:00 PM., on the above
date. There were present Mayor Teague, in the chair, and the following named Council
Members:
Bergus, Mims, Salih, Taylor, Teague, Thomas, Weiner
Absent: None
Vacant: None
-1-
The Mayor announced that this was the time and place for the public hearing and meeting
on the matter of the issuance of not to exceed $11,600,000 General Obligation Bonds, in order to
provide funds to pay the costs of the opening, widening, extending, grading and drainage of the
right-of-way of streets, highways, avenues, alleys, and public grounds; the construction,
reconstruction, and repairing of any street and streetscape improvements, with related utility
work, traffic control devices, lighting, sidewalks, and the acquisition of real estate for such
purposes; the rehabilitation and improvement of parks already owned, including facilities,
equipment and improvements commonly found in city parks; equipping the fire department; and
the acquisition, development and improvement of an Infrastructure Asset Management software
program suitable for automated mapping and facilities management, for essential corporate
purposes, and that notice of the proposal to issue the Bonds had been published as provided by
Section 384.25 of the Code of Iowa.
The Mayor then asked the Clerk whether any written objections had been filed by any
resident or property owner of the City to the issuance of the Bonds. The Clerk advised the
Mayor and the Council that 0 written objections had been filed. The Mayor then called for oral
objections to the issuance of the Bonds and 0 were made. Whereupon, the Mayor declared the
time for receiving oral and written objections to be closed.
(Attach here a summary of objections received or made, if any)
Whereupon, the Mayor declared the hearing on the issuance of the Bonds to be closed.
The Council then considered the proposed action and the extent of objections thereto.
Whereupon, Council Member Salih introduced and delivered to the Clerk the Resolution
hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE
ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $11,600,000
GENERAL OBLIGATION BONDS", and moved:
x] that the Resolution be adopted.
to ADJOURN and defer action on the Resolution and the proposal to institute
proceedings for the issuance of bonds to the meeting to be held at
.M. on the day of , 2020, at this place.
-2-
Council Member Thomas seconded the motion. The roll was called and the vote was,
AYES: Bergus, Mims, Salih, Taylor, Teague, Thomas, Weiner
NAYS: None
Whereupon, the Mayor declared the measure duly adopted.
Resolution No 20-77
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE
ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO
EXCEED $11,600,000 GENERAL OBLIGATION BONDS
WHEREAS, pursuant to notice published as required by law, the City Council has held a
public meeting and hearing upon the proposal to institute proceedings for the issuance of not to
exceed $11,600,000 General Obligation Bonds, for essential corporate purposes, in order to
provide funds to pay the costs of the opening, widening, extending, grading and drainage of the
right-of-way of streets, highways, avenues, alleys, and public grounds; the construction,
reconstruction, and repairing of any street and streetscape improvements, with related utility
work, traffic control devices, lighting, sidewalks, and the acquisition of real estate for such
purposes; the rehabilitation and improvement of parks already owned, including facilities,
equipment and improvements commonly found in city parks; equipping the fire department; and
the acquisition, development and improvement of an Infrastructure Asset Management software
program suitable for automated mapping and facilities management, and has considered the
extent of objections received from residents or property owners as to the proposed issuance of
Bonds; and following action is now considered to be in the best interests of the City and
residents thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF IOWA CITY, STATE OF IOWA:
Section 1. That this Council does hereby institute proceedings and take additional action
for the authorization and issuance in the manner required by law of not to exceed $11,600,000
General Obligation Bonds, for the foregoing essential corporate purposes.
Section 2. This Resolution shall serve as a declaration of official intent under Treasury
Regulation 1.150-2 and shall be maintained on file as a public record of such intent. It is
reasonably expected that the general fund moneys may be advanced from time to time for capital
expenditures which are to be paid from the proceeds of the above Bonds. The amounts so
advanced shall be reimbursed from the proceeds of the Bonds not later than eighteen months
-3-
after the initial payment of the capital expenditures or eighteen months after the property is
placed in service. Such advancements shall not exceed the amount authorized in this Resolution
unless the same are for preliminary expenditures or unless another declaration of intention is
adopted.
PASSED AND APPROVED this 240' day of March, 2020.
ATTEST:
City Clerk
M4er
IKI!
CERTIFICATE
STATE OF IOWA )
) SS
COUNTY OF JOHNSON )
I, the undersigned City Clerk of the City of Iowa City, State of Iowa, do hereby certify
that attached is a true and complete copy of the portion of the records of the City showing
proceedings of the Council, and the same is a true and complete copy of the action taken by the
Council with respect to the matter at the meeting held on the date indicated in the attachment,
which proceedings remain in full force and effect, and have not been amended or rescinded in
any way; that meeting and all action thereat was duly and publicly held in accordance with a
notice of meeting and tentative agenda, a copy of which was timely served on each member of
the Council and posted on a bulletin board or other prominent place easily accessible to the
public and clearly designated for that purpose at the principal office of the Council pursuant to
the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable
advance notice to the public and media at least twenty-four hours prior to the commencement of
the meeting as required by law and with members of the public present in attendance; I further
certify that the individuals named therein were on the date thereof duly and lawfully possessed of
their respective City offices as indicated therein, that no Council vacancy existed except as may
be stated in the proceedings, and that no controversy or litigation is pending, prayed or
threatened involving the incorporation, organization, existence or boundaries of the City or the
right of the individuals named therein as officers to their respective positions.
WITNESS my hand and the seal of the Council hereto affixed this 24th day of March,
2020.
City Clerk, City of Io I
City, State o I a
(SEAL)
01694318-1\10714-135
Item Number: 12.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
March 24, 2020
Resolution instituting proceedings to take additional action for the issuance
of not to exceed $700,000 General Obligation Bonds.
Prepared By: Dennis Bockenstedt, Finance Director
Reviewed By: Ashley Monroe, Assistant City Manager
Fiscal Impact: Adopted as part of the FY2020 Revised Budget and 2020-2024 Capital
Improvement Program
Recommendations: Staff: Approval
100171710_7156=070
Attachments: Resolution to institute proceedings 2020 General Obligation Bonds Project
Schedule by Hearing Type
Executive Summary:
There are two resolutions to institute proceedings for the issuance of the 2020 General Obligation
Bonds to be considered by the City Council following two separate public hearings. Attached is a
project list by hearing for the 2020 General Obligation Bonds.
All of the bonds are combined into one issue for sale and bidding, the 2020 GO Bond issue,
which is a tax exempt general obligation bond issue. There is an additional resolution pertaining to
the issue for the authorization to levy property taxes for payment.
Background /Analysis:
The City issues bonds every spring to fund the current year's capital improvement projects listed
in the Five -Year Capital Improvement Program. The City Council is scheduled to adopt the 2020
capital improvement program on March 24, 2020.
The City's bond attorney, Kristin Billingsley Cooper, determines the number of bond resolutions
required based upon the purpose and classification of the bonds being issued. Iowa state code
classifies general obligation bonds as either General or Essential. General obligation bonds
classified as General are limited to $700,000 per project and are subject to reverse referendum
within 30 days of adoption of the resolution. General obligation bonds classified as Essential do
not have a $700,000 project expense cap and are not subject to reverse referendum.
The public hearings for the 2020 General Obligation Bond issue have a total combined issuance
amount of not to exceed $12,300,000 for projects totaling $11,972,340. The difference between
the two amounts is the estimated bond issuance costs.
ATTACHMENTS:
Description
2020 General Obligation Bonds Project Schedule by Hearing Type
Resolution
2020 General Obligation Bonds
Project Schedule by Hearing Type
General
Essential Purpose -
Proj. # Project Name Description Type Purpose Recreation
GO Bond 2020 Project Totals
Public Hearing Amount
$11,272,340 $ 700,000
$11,972,340
$11,600,000 $ 700,000
$12,300,000
Asset managerment software that
Infrastructure Asset
could be utilized by all city
G4724
Management
departments to manage the physical
GIS Equipment
$ 660,000
assets for planning and management
of current or future projects.
Wetherby Park Restroom,
Replace park shelter, restrooms,
R4349
Shelter, & Playground
playground and signage. Upgrade
Parks
$ 800,000
Replacement
access paths.
Replace Napoleon Park playground
and add paths for increased
accessibility.
R4367
Napolean, Scott, Fairmeadows
Replace Scott Park playground and
parks
$ 520,000
Park Rehabilitation
picnic shelter and add concrete paths
for increased accessibility.
Replace Fairmeadows shelter, park
sign and small child playground.
HVAC and dehumification upgrades to
the Mercer Aquatic Center. Tuck
pointing and masonry repair on the
R4369
Mercer Park Pool -
interior columns of the natatorium.
Recreation
$ 700,000
Dehumidification & Tuckpointing
Address the moisture issues from the
Kalwall skylight system and rusted
lintels around the doors, windows and
above the columns in the courtyard.
Annual appropriation for resurfacing
S3824
Annual Pavement Replacement
roadways and alleys including asphalt,
Streets
$ 800,000
concrete, and brick.
Reconstruct American Legion Road to
American Legion Rd
urban standards from Taft Avenue to
S3854
Reconstruction -Scott Blvd to
Scott Boulevard including an 8'sidewalk
Streets
$ 4,851,340
Taft Ave
and reconstructing the
intersection of Scott Blvd and
Muscatine Avenue.
Improvements to the First Avenue and
First Ave/Scott Blvd Intersection
Scott Boulevard intersection, including
S3944
Improvements
a proposed roundabout, to improve
Streets
$ 1,400,000
traffic movement through the
intersection.
S3946
Court Street Reconstruction
Reconstruct Court Street from
Streets
$ 775,000
Muscatine Avenue to 1st Avenue.
Reconstruction of Rochester Avenue
from First Avenue to the bridge over
S3950
Rochester Ave Reconstruction -
Ralston Creek. The project will include
Streets
$ 650,000
First Ave to Ralston Creek
new street paving, sidewalk, utility
improvements and other associated
work.
Construction of sidewalk along both
S3957
Gilbert Court Sidewalk Infill
the west and east sides of Gilbert
Sidewalks
$ 100,000
Court, north of Highland Avenue.
Z4406
Fire Apparatus Replacement
Replacement of Fire Pumper #351
Fire Equipment
$ 716,000
GO Bond 2020 Project Totals
Public Hearing Amount
$11,272,340 $ 700,000
$11,972,340
$11,600,000 $ 700,000
$12,300,000
12
ITEMS TO INCLUDE ON AGENDA
CITY OF IOWA CITY, IOWA
Not to Exceed $700,000 General Obligation Bonds (GCP-2)
Public hearing on the issuance.
Resolution instituting proceedings to take additional action.
NOTICE MUST BE GIVEN PURSUANT TO IOWA CODE
CHAPTER 21 AND THE LOCAL RULES OF THE CPI'Y.
March 24, 2020
The City Council of the City of Iowa City, State of Iowa, met in special session, in the
Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 7:00 P.M., on the above
date. There were present Mayor Teague, in the chair, and the following named Council
Members:
Bergus, Mims, Salih, Taylor, Teague, Thomas, Weiner
Absent: None
Vacant: None
- 1 -
The Mayor announced that this was the time and place for the public hearing and meeting
on the matter of the issuance of not to exceed $700,000 General Obligation Bonds, in order to
provide funds to pay the costs of improvements to and equipping of the Mercer Park Pool, for
general corporate purposes, and that notice of the proposal to issue the Bonds and the right to
petition for an election had been published as provided by Section 384.26 of the Code of Iowa,
and the Mayor then asked the City Clerk whether any petition had been filed in the Clerk's
Office, in the manner provided by Section 362.4 of the Code of Iowa, and the Clerk reported that
no such petition had been filed, requesting that the question of issuing the Bonds be submitted to
the qualified electors of the City.
The Mayor then asked the Clerk whether any written objections had been filed by any
resident or property owner of the City to the issuance of the Bonds. The Clerk advised the
Mayor and the Council that 0 written objections had been filed. The Mayor then called for oral
objections to the issuance of the Bonds and 0 were made. Whereupon, the Mayor declared the
time for receiving oral and written objections to be closed.
(Attach here a summary of objections received or made, if any)
Whereupon, the Mayor declared the hearing on the issuance of the Bonds to be closed.
The Council then considered the proposed action and the extent of objections thereto.
Whereupon, Council Member Taylor introduced and delivered to the Clerk the
Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO
TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $700,000
GENERAL OBLIGATION BONDS", and moved:
X❑ that the Resolution be adopted.
El to ADJOURN and defer action on the Resolution and the proposal to institute
proceedings for the issuance of bonds to the meeting to be held at
.M. on the day of 2020, at this place.
Council Member Bergus seconded the motion. The roll was called and the vote was,
AYES: Bergus, Mims, Salih, Taylor, Teague, Thomas, Weiner
NAYS: None
Whereupon, the Mayor declared the measure duly adopted.
-2-
Resolution No 20-78
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE
ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO
EXCEED $700,000 GENERAL OBLIGATION BONDS
WHEREAS, pursuant to notice published as required by law, the City Council has held a
public meeting and hearing upon the proposal to institute proceedings for the issuance of not to
exceed $700,000 General Obligation Bonds, for general corporate purposes, in order to provide
funds to pay the costs of improvements to and equipping of the Mercer Park Pool, and has
considered the extent of objections received from residents or property owners as to the proposed
issuance of Bonds; and no petition was filed calling for a referendum thereon. The following
action is now considered to be in the best interests of the City and residents thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF IOWA CITY, STATE OF IOWA:
Section 1. That this Council does hereby institute proceedings and take additional action
for the authorization and issuance in the manner required by law of not to exceed $700,000
General Obligation Bonds, for the foregoing general corporate purposes.
Section 2. This Resolution shall serve as a declaration of official intent under Treasury
Regulation 1.150-2 and shall be maintained on file as a public record of such intent. It is
reasonably expected that the general fund moneys may be advanced from time to time for capital
expenditures which are to be paid from the proceeds of the above Bonds. The amounts so
advanced shall be reimbursed from the proceeds of the Bonds not later than eighteen months
after the initial payment of the capital expenditures or eighteen months after the property is
placed in service. Such advancements shall not exceed the amount authorized in this Resolution
unless the same are for preliminary expenditures or unless another declaration of intention is
adopted.
PASSED AND APPROVED this 24°i day of March, 2020.
ATTEST:
City Clerk
Ma r
sic
CERTIFICATE
STATE OF IOWA )
) SS
COUNTY OF JOHNSON )
I, the undersigned City Clerk of the City of Iowa City, State of Iowa, do hereby certify
that attached is a true and complete copy of the portion of the records of the City showing
proceedings of the Council, and the same is a true and complete copy of the action taken by the
Council with respect to the matter at the meeting held on the date indicated in the attachment,
which proceedings remain in full force and effect, and have not been amended or rescinded in
any way; that meeting and all action thereat was duly and publicly held in accordance with a
notice of meeting and tentative agenda, a copy of which was timely served on each member of
the Council and posted on a bulletin board or other prominent place easily accessible to the
public and clearly designated for that purpose at the principal office of the Council pursuant to
the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable
advance notice to the public and media at least twenty-four hours prior to the commencement of
the meeting as required by law and with members of the public present in attendance; I further
certify that the individuals named therein were on the date thereof duly and lawfully possessed of
their respective City offices as indicated therein, that no Council vacancy existed except as may
be stated in the proceedings, and that no controversy or litigation is pending, prayed or
threatened involving the incorporation, organization, existence or boundaries of the City or the
right of the individuals named therein as officers to their respective positions.
WITNESS my hand and the seal of the Council hereto affixed this 24th day of March,
2020. OL
City Clerk, City of Iowa City, State of Io a
(SEAL)
01694320-1\10714-135
Item Number: 13.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
March 24, 2020
Resolution authorizing the issuance of $12,145,000 General Obligation
bonds, series 2020, and levying a tax for the payment thereof.
Prepared By: Dennis Bockenstedt, Finance Director
Reviewed By: Ashley Monroe, Assistant City Manager
Fiscal Impact: To be included as part of the Fiscal Year 2021 certified budget and levied as
part of the fiscal year 2021 property tax levy.
Recommendations: Staff: Approval
10TOT171710_7156=070
Attachments: Resolution
Executive Summary:
This resolution approves the levy requirements for the 2020 General Obligation Bonds. When
the Bonds are issued, the authorizing resolution will incorporate this levy which will be updated
based on the actual rates from the sale. It is essential that the Resolution be adopted and filed
with the Johnson County Auditor prior to April 1, 2020. The Resolution must also be adopted and
filed prior to certification of the budget.
Background /Analysis:
The City issues bonds every spring to fund the current year's capital improvement projects listed
in the Five -Year Capital Improvement Program. The City Council is scheduled to hold public
hearings and direct the sale of the 2020 General Obligation bonds on March 24. The City Council
is also scheduled to hold hearings and adopt the revised 2020 budget and the proposed 2021
budget on March 24. The necessary City Council actions required to affect the issuance of the
2020 GO Bonds are provided to the City by the City's bond counsel, Kristin Billingsley Cooper of
Ahlers & Cooney. This resolution satisfies the levy requirements as required by Iowa Code
Chapter 76.
ATTACHMENTS:
Description
Resolution
1�3.
ITEMS TO INCLUDE ON AGENDA
CITY OF IOWA CITY, IOWA
$12,145,000 General Obligation Bonds, Series 2020
Resolution authorizing the issuance and levying a tax for the payment thereof.
NOTICE MUST BE GIVEN PURSUANT TO IOWA CODE
CHAPTER 21 AND THE LOCAL RULES OF THE CrrY.
March 24, 2020
The City Council of the City of Iowa City, State of Iowa, met in special session, in the
Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 7:00 P.M., on the above
date. There were present Mayor Teague, in the chair, and the following named Council
Members:
Bergus, Mims, Salih, Taylor, Teague, Thomas, Weiner
Absent: None
Vacant: None
-1-
Council Member Salih introduced the following Resolution entitled "RESOLUTION
AUTHORIZING THE ISSUANCE OF $12,145,000 GENERAL OBLIGATION BONDS,
SERIES 2020, AND LEVYING A TAX FOR THE PAYMENT THEREOF", and moved that the
same be adopted. Council Member Thomas seconded the motion to adopt. The roll was called
and the vote was,
AYES: Bergus, Mims, Salih, Taylor, Teague, Thomas, Weiner
NAYS: None
Whereupon, the Mayor declared the Resolution duly adopted as follows:
Resolution No 20-79
RESOLUTION AUTHORIZING THE ISSUANCE OF
$12,145,000 GENERAL OBLIGATION BONDS, SERIES 2020,
AND LEVYING A TAX FOR THE PAYMENT THEREOF
WHEREAS, the City of Iowa City, State of Iowa ("Issuer"), is a municipal corporation,
organized and existing under the Constitution and laws of the State of Iowa, and is not affected
by any special legislation; and
WHEREAS, the Issuer is in need of funds to pay costs of the opening, widening,
extending, grading and drainage of the right-of-way of streets, highways, avenues, alleys, and
public grounds; the construction, reconstruction, and repairing of any street and streetscape
improvements, with related utility work, traffic control devices, lighting, sidewalks, and the
acquisition of real estate for such purposes; the rehabilitation and improvement of parks already
owned, including facilities, equipment and improvements commonly found in city parks;
equipping the fire department; the acquisition, development and improvement of an
Infrastructure Asset Management software program suitable for automated mapping and
facilities management; and improvements to and equipping of the Mercer Park Pool (the
'Project"), and it is deemed necessary and advisable that General Obligation Bonds, Series 2020,
in the amount of $12,145,000 be issued; and
WHEREAS, the City Council has taken such acts as are necessary to authorize issuance
of the Bonds.
-2-
NOW, THEREFORE, IT IS RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, STATE OF IOWA:
Section 1. Authorization of the Issuance. General Obligation Bonds, Series 2020, in the
amount of $12,145,000 shall be issued pursuant to the provisions of Iowa Code Sections 384.25,
384.26 and 384.28 for the purposes covered by the hearings.
Section 2. Levy of Annual Tax. For the purpose of providing funds to pay the principal
and interest as required under Chapter 76.2, there is levied for each future year the following
direct annual tax upon all the taxable property in the City of Iowa City, State of Iowa, to wit:
FISCAL YEAR (JULY 1 TO JUNE 30)
AMOUNT YEAR OF COLLECTION
$3,624,900.00*
2020/2021
$2,056,350.00
2021/2022
$1,402,350.00
2022/2023
$971,350.00
2023/2024
$932,200.00
2024/2025
$908,500.00
2025/2026
$884,800.00
2026/2027
$861,100.00
2027/2028
$837,400.00
2028/2029
$813,700.00
2029/2030
*to be combined with cash on hand
Principal and interest coming due at any time when the proceeds of the tax on hand are
insufficient to pay the amount due shall be promptly paid when due from current funds available
for that purpose and reimbursement must be made.
Section 3. Amendment of Levy of Annual Tax. Based upon the terms of the future sale
of the Bonds to be issued, this Council will file an amendment to this Resolution ("Amended
Resolution") with the County Auditor.
Section 4. Filing. A certified copy of this Resolution shall be filed with the County
Auditor of County of Johnson, State of Iowa, who shall, pursuant to Iowa Code Section 76.2,
levy, assess and collect the tax in the same manner as other taxes and, when collected, these
taxes shall be used only for the purpose of paying principal and interest on the Bonds.
-3-
PASSED AND APPROVED this 241 day of March, 2020.
ATTEST:
City berk
IK!
1X 'IA—
n� R
or (y
CERTIFICATE
STATE OF IOWA )
) SS
COUNTY OF JOHNSON )
I, the undersigned City Clerk of the City of Iowa City, State of Iowa, do hereby certify
that attached is a true and complete copy of the portion of the records of the City showing
proceedings of the Council, and the same is a true and complete copy of the action taken by the
Council with respect to the matter at the meeting held on the date indicated in the attachment,
which proceedings remain in full force and effect, and have not been amended or rescinded in
any way; that meeting and all action thereat was duly and publicly held in accordance with a
notice of meeting and tentative agenda, a copy of which was timely served on each member of
the Council and posted on a bulletin board or other prominent place easily accessible to the
public and clearly designated for that purpose at the principal office of the Council pursuant to
the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable
advance notice to the public and media at least twenty-four hours prior to the commencement of
the meeting as required by law and with members of the public present in attendance; I further
certify that the individuals named therein were on the date thereof duly and lawfully possessed of
their respective City offices as indicated therein, that no Council vacancy existed except as may
be stated in the proceedings, and that no controversy or litigation is pending, prayed or
threatened involving the incorporation, organization, existence or boundaries of the City or the
right of the individuals named therein as officers to their respective positions.
WITNESS my hand and the seal of the Council hereto affixed this 24th d of March,
2020.
City Olerk, City of Io a City, State o 0
wa
(SEAL)
COUNTY AUDITOR'S CERTIFICATE
I, arEj{{ r }rads3 l V�{ County Auditor of Johnson County, State of Iowa,
hereby certify that on the�� //I_ day of2020 there was filed in my
office the Resolution of the itc � Council of the City of Iowa City, State of Iowa, adopted on the
24a' day of March, 2020, such Resolution levying a tax for the purpose of paying principal and
interest on $12,145,000 of General Obligation Bonds, Series 2020, and authorizing the issuance
of the Bonds.
Lc
(COUNTY SEAL) County Auditor of J Anson County, Si e f _
Iowa - b 11y
01694432-1\10714-135
Item Number: 14.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
March 24, 2020
Resolution amending the FY2020 Operating Budget.
Prepared By: Jacklyn Fleagle, Budget & Compliance Officer
Reviewed By: Dennis Bockenstedt, Finance Director
Ashley Monroe, Assistant City Manager
Fiscal Impact: see memo below
Recommendations: Staff: Approval
Commission: N/A
Attachments: FY2020 Notice of Public Hearing and Related Schedules
Resolution
Executive Summary:
On March 24, 2020, two public hearings will be held: one hearing will be held to take public input
on the proposed amendment of the fiscal year 2020 (FY2020) budget, and one hearing will be
held to take public input on the proposed fiscal year 2021 (FY2021) budget. Following the first
public hearing, a resolution to amend the FY2020 Operating Budget will be considered. Following
the second public hearing, a resolution to adopt the FY2021 Operating Budget and a resolution to
approve the FY2020-2022 Financial Plan and 2020-2024 Capital Improvement Plan document
will be considered. The FY2021 adopted budget must be certified by the Johnson County
Auditor's office by March 31, 2020.
Background /Analysis:
The FY2020-2022 Financial Plan and 2020-2024 Capital Improvement Plan document was
made available to City Council and the general public in December 2019. This document included
the proposed FY2020 amended budget and the proposed FY2021 budget. This document
detailed the proposed and amended budgets as submitted by the City Manager following an
extensive budget process.
The City Council held public work sessions in January and February 2020 to review and discuss
the FY2020-2022 Financial Plan and 2020-2024 Capital Improvement Plan document. During
these budget work sessions, the City Manager and the department directors presented their
budget proposals and responded to questions from the City Council. The City Council also
clarified and refined their budget priorities during these work sessions.
Fiscal Year 2020 Revised Budget
The FY2020 budget amendment presented for City Council approval is the second budget
amendment of FY2020. This amendment incorporates all of the programs, changes, and updates
presented in the financial plan and capital improvement plan document that was distributed to the
City Council and the general public on December 18, 2019.
The Resolutions to Amend the FY2020 Budget and to Adopt the FY2021 Budget and related
schedules represent all of the programs and details that were included in the FY2020-2022
Financial Plan and 2020-2024 Capital Improvement Plan document. The Resolutions and related
schedules also include any subsequent changes as directed by the City Council as well as
corrections and adjustments identified by City staff. The related schedules for the FY2020
Amended Budget and the FY2021 Budget were made available to the public on March 3, 2020
and the Notices of Public Hearing for both were published on March 13, 2020, in accordance with
state law to allow for public input.
The State of Iowa allows cities to amend the annual operating budget for supplemental
appropriation authority. These changes may include new or revised revenue and expenditure
projections, transfers between funds, and capital improvement plan changes. I ncreased
expenditures must utilize available fund balance or additional revenue sources, as the State does
not allow amendments to increase property taxes. According to the City's financial policies,
amendments to operating budgets will be made only in the following situations:
• emergency situations
• transfer from contingency
• expenditures with offsetting revenues or fund balance
• carry-over of prior year budget authority for expenses that had not been paid as of the end of
the fiscal year.
Since the distribution of the plan document, no changes and adjustments were made by City
Council and by City staff to the amended FY2020 budget.
The proposed budget amendment to the City's FY2020 budget does not increase property taxes
or change the property tax levy rate and expenditures are funded from increased revenues or
available fund balance.
ATTACHMENTS:
Description
FY2020 Notice of Public Hearing and Related Schedules
Resolution
STAFF PRESENTATION TO FOLLOW:
1 r I
C04;qui h
CITY OF lOVVA CITY
410 East Washington Street
Iowa City, Iowa S2240-1826
(319) 356-5000
(3I9) 356-5009 FAX
www.icgov.org
CITY OF IOWA CITY
UNESCO CITY OF LITERATURE
FY2021 BUDGET SUMMARY
July & August 2019:
Community Budget Engagement
August 20:
Council Work Session on Priorities
January 4:
Operating Budget Review
January 7:
Capital Improvement Plan Review
February 4:
Setting of Public Hearing on Proposed Maximum Property Tax
February 18:
Public Hearing on Budget / Adopts Resolution Setting Max Property Tax
March 3:
Setting of Public Hearing on Budget
March 24:
Public Hearing on Budget / Adoption of Budget
March 31:
Certification with County Auditor
$1 million General Fund contribution towards affordable housing
efforts and doubled support for non -profits with significant increase to
Aid to Agency grant program
Investment in major road improvement projects, continues
implementation of bicycle, parks, and natural areas master plans,
and prepares to address future critical facility needs
Invests in staffing with minimum hourly wage increase to $13.25,
temporary to permanent conversions, and new staff positions
Aggressively funds Climate Action and Adaptation efforts, setting
the table for Iowa City to be a national leader
The FY2021 budget...
Continues to reduce tax levy rate,
bringing our rate more in line with
other large Iowa cities
(despite not using alternative
revenues such as LOST)
Builds stronger
reserves for
Iowa City's future
Avoids spikes in utility and user
fees by making incremental
changes in water, recycling and
landfill rates
Property Tax Rate Trend & Tax Levies
Taxable Value and Levy Rate
Rate %Change 0.48%-3.21%-2.69%-0.60%-0.32%-0.41%-1.51%-0.92%-2.16°/-0.38%
Combined
General Fund 9.610 9.610 0.00
Tax Levies
Employee 3.244 3.344 +0.10
Benefits
Emergency 0.00 0.240 +0.24
Debt Service
$4,000
2.578
18
Total
15.833
15.773
-0.06
$3,500
17.5
c
$3,000
o
17
$2,500
c
$2,000
16.5
ami
$1,500
a
16
m
X
$1,000
15.5
$500
$0
15
FY12 FY13 FY14 FY15 FY16 FY17 FY18 FY19 FY20 FY21
.Tax Val (millions) $2,848 $2,960 $3,036 $3,137 $3,183 $3,421 $3,543 $3,745 $3,923 $4,259
Val % Change
327% 3.93% 2.56% 3.32% 1.46% 7.50% 3.55% 5.72% 4.74% 8.55%
�Ptax Rate
17.842 17269 16.805 16.705 16.651 16.583 16.333 16.183 15.833 15.773
Rate %Change 0.48%-3.21%-2.69%-0.60%-0.32%-0.41%-1.51%-0.92%-2.16°/-0.38%
Combined
General Fund 9.610 9.610 0.00
Tax Levies
Employee 3.244 3.344 +0.10
Benefits
Emergency 0.00 0.240 +0.24
Debt Service
2.978
2.578
-0.40
Total
15.833
15.773
-0.06
No fee increases recommended for sewer,
stormwater, parking, or transit
ki,
5% water rate increase previously approved for
/FY2021 to fund system upgrades and maintenance
jm� $0.90 monthly refuse fee increase is recommended
Z4.� to support operations due to growth in recycling
program use
$2.50 Landfill trash disposal tipping fee increase
MR -4 recommended, along with a $3.00 increase for
recycling TV monitors over 18"
FY2021 User
Fee Changes
I
`�� ��.■■lcoz
r"' I I I
:���-+�
1
CITY OF IOWA CITY
UNESCO CITY OF LITERATURE
STAFF PRESENTATION CONCLUDED
� r
rrM as � h
CITY OF IOWA CITY
410 East Washington Strect
Iowa City, Iowa 52240-1826
(3 19) 356-5000
(3 19) 356-5009 FAX
www. icgov. o rg
Jun -19
NOTICE OF PUBLIC HEARING
Form 653.C1 AMENDMENT OF FY2019-2020 CITY BUDGET
The City Council of Iowa City in
will meet at 410 E Washinqton St, City
Hall
JOHNSON
County, Iowa
at 7:00 pm on 3/24/2020
(hour) (Date)
,for the purpose of amending the current budget of the city for the fiscal year ending June 30, 2020
I-1
by changing estimates of revenue and expenditure appropriations in the following functions for the reasons given.
Additional detail is available at the city clerk's office showing revenues and expenditures by fund type and by activity.
Explanation of increases or decreases in revenue estimates, appropriations, or available cash:
Amendments include the review and modification of the 2020 CIP program, the return of a fee in lieu of payment, a
TIF rebate payment moved up a year, correction of the coding of some intergovernmental revenues, land
acquisition, and transfers to Capital Reserve and Facility Reserve funds and Emergency Reserve funds. Additional
detail is on file and available from the Iowa City Finance Department.
There will be no increase in tax levies to be paid in the current fiscal year named above related to the proposed
budget amendment. Any increase in expenditures set out above will be met from the increased non -property tax
revenues and cash balances not budgeted or considered in this current budget.
Kellie Fruehling
City Clerk/ Finance Officer Name
Total Budget
as certified
or last amended
Current
Amendment
Total Budget
after Current
Amendment
Revenues & Other Financinq Sources
Taxes Levied on Property
1
60,296,653
60,296,653
Less: Uncollected Property Taxes -Levy Year
2
0
0
Net Current Property Taxes
3
60,296,653
0
60,296,653
Delinquent Property Taxes
4
0
0
TIF Revenues
5
3,450,835
3,450,835
Other City Taxes
6
2,759,321
2,759,321
Licenses & Permits
7
2,073,060
2,073,060
Use of Money and Property
8
3,517,225
-12,570
3,504,655
Intergovernmental
9
42,037,521
4,589,415
46,626,936
Charges for Services
10
46,456,326
178,332
46,634,658
Special Assessments
11
810
810
Miscellaneous
12
2,770,957
44,327
2,815,284
Other Financing Sources
13
14,333,672
-185,000
14,148,672
Transfers In
14
43,529,001
21,622,038
65,151,039
Total Revenues and Other Sources
15
221,225,381
26,236,542
247,461,923
Expenditures & Other Financing Uses
Public Safety
16
26,506,832
244,516
26,751,348
Public Works
17
10,434,208
280,349
10,714,557
Health and Social Services
18
531,500
531,500
Culture and Recreation
19
16,032,415
55,785
16,088,200
Community and Economic Development
20
11,186,436
860,726
12,047,162
General Government
21
10,094,944
501,381
10,596,325
Debt Service
22
13,039,775
8,558
13,048,333
Capital Projects
23
61,808,418
2,612,434
64,420,852
Total Government Activities Expenditures
24
149,634,528
4,563,749
154,198,277
Business Type / Enterprises
25
72,221,133
1,392,711
73,613,844
Total Gov Activities & Business Expenditures
26
221 ,855,661
5,956,460
227,812,121
Transfers Out
27
43,529,001
21,622,038
65,151,039
Total Expenditures/Transfers Out
28
265,384,662
27,578,498
292,963,160
Excess Revenues & Other Sources Over
(Under) Expenditures/Transfers Out Fiscal Year
29
-44,159,281
-1,341,956
-45,501,237
Beginning Fund Balance July 1
30
134,084,9341
48,685,117
182,770,051
Ending Fund Balance June 30
311
89,925,6531
47,343,1611
137,268,814
Explanation of increases or decreases in revenue estimates, appropriations, or available cash:
Amendments include the review and modification of the 2020 CIP program, the return of a fee in lieu of payment, a
TIF rebate payment moved up a year, correction of the coding of some intergovernmental revenues, land
acquisition, and transfers to Capital Reserve and Facility Reserve funds and Emergency Reserve funds. Additional
detail is on file and available from the Iowa City Finance Department.
There will be no increase in tax levies to be paid in the current fiscal year named above related to the proposed
budget amendment. Any increase in expenditures set out above will be met from the increased non -property tax
revenues and cash balances not budgeted or considered in this current budget.
Kellie Fruehling
City Clerk/ Finance Officer Name
Form 631 EP1 CITY OF Iowa Ci
RE -ESTIMATED EXPENDITURES SCHEDULE PAGE 1
Department of Management
RE -ESTIMATED Fiscal Year Ending 2020 Fiscal Years
SPECIAL
GOVERNMENT ACTIVITIES GENERAL REVENUE
(A) (B) (C) (D)
TIF
SPECIAL
REVENUES
(E)
DEBT
SERVICE
(F)
CAPITAL
PROJECTS
(G)
PERMANENT
(H)
PROPRIETARY
(1)
RE -ESTIMATED ACTUAL
2020 2019
(J) (K)
PUBLIC SAFETY
Police Department/Crime Prevention 1 14,213,298
14,213,298 13,297,882
Jail 2
0 0
Emergency Management 3
0 0
Flood Control 4
0 0
Fire Department 5 8,630,791
8,630,791 8,292,055
Ambulance 6
0 0
Building Inspections 7 1,878,433
1,878,433 1,792,911
Miscellaneous Protective Services 8
0 0
Animal Control 9 1,105,829
1,105,829 775,273
Other Public Safety 10 3,126 919,871
922,997 431,659
TOTAL (lines 1 - 10) 11 25,831,477 919,871
01
26,751,348 24,589,780
PUBLIC WORKS
Roads, Bridges, & Sidewalks 12 4,262,206
4,262,206 4,085,867
Parking - Meter and Off -Street 13
0 0
Street Lighting 14 551,382
551,382 0
Traffic Control and Safety 15 829,889
829,889 1,563,536
Snow Removal 16 452,820
452,820 566,920
Highway Engineering 17 2,807,112
2,807,112 2,105,423
Street Cleaning 18 375,447
375,447 354,070
Airport (if not Enterprise) 19
0 0
Garbage (if not Enterprise) 20
0 0
Other Public Works 21 1,311,097 124,604
1,435,701 1,253,563
TOTAL (lines 12 - 21) 22 4,118,209 6,596,348
01
10,714,557 9,929,379
HEALTH & SOCIAL SERVICES
Welfare Assistance 23
City Hospital 24
0 0
0 0
Payments to Private Hospitals 25
0 0
Health Regulation and Inspection 26
0 0
Water, Air, and Mosquito Control 27
0 0
Community Mental Health 28
0 0
Other Health and Social Services 29 531,500
531,500 300,000
TOTAL (lines 23 - 29) 30 531,500 0
0
531,500 300,000
CULTURE & RECREATION
Library Services 31 6,976,883
6,976,883 6,403,794
Museum, Band and Theater 32
0 0
Parks 33 3,660,957
3,660,957 2,880,956
Recreation 34 4,078,684
4,078,684 3,410,408
Cemetery 35 400,567
400,567 349,747
Community Center, Zoo, & Marina 36
0 0
Other Culture and Recreation 37 971,109
971,109 865,825
TOTAL (lines 31 - 37) 38 16,088,200 0
0
1 16,088,200 13,910,730
Form 631 E P2 CITY OF Iowa City Department of Management
RE -ESTIMATED EXPENDITURES SCHEDULE PAGE 2
RE -ESTIMATED Fiscal Year Ending 2020
Fiscal Years
GOVERNMENT ACTIVITIES CONT.
(A)
(B)
GENERAL
(C)
SPECIAL
REVENUES
(D)
TIF
SPECIAL
REVENUES
(E)
DEBT
SERVICE
(F)
CAPITAL
PROJECTS
(G)
PERMANENT
(H)
PROPRIETARY
(1)
RE -ESTIMATED
2020
(J)
ACTUAL
2019
(K)
COMMUNITY & ECONOMIC DEVELOPMENT
Community Beautification
Economic Development
Housing and Urban Renewal
Planning & Zoning
39
40
41
42
352,581
13,048,333
352,581
319,627
1,803,776
1,803,776
2,584,660
3,320,612
3,320,612
3,149,604
1,739,823
1,868,162 1,185,814 820,544
1,739,823
1,338,691
Other Com & Econ Development 43
3,874,520
1,770,540
TIF Rebates 44
955,850
955,850
0
TOTAL (lines 39 - 44) 45
5,764,342 4,506,426 1,776,394
0
12,047,162
9,163,122
GENERAL GOVERNMENT
Mayor, Council, & City Manager 46
1,474,838
1,474,838
1,664,469
Clerk, Treasurer, & Finance Adm. 47
3,492,019
3,492,019
3,177,942
Elections 48
0
0
Legal Services & City Attorney 49
880,104
880,104
751,266
City Hall & General Buildings 50
854,593
854,593
709,704
Tort Liability 51
1,010,458
1,010,458
973,669
Other General Government 52
2,510,543 373,770
2,884,313
1,727,946
TOTAL (lines 46 - 52) 53
10,222,555 373,770 0
0
10,596,325
9,004,996
DEBT SERVICE 54
13,048,333
13,678,214
Gov Capital Projects 55
13,048,3331
64,420,852
64,420,852
39,752,910
TIF Capital Projects 56
0
0
TOTAL CAPITAL PROJECTS 57
01 0 0
64,420,852
0
64,420,852
39,752,910
TOTAL Governmental Activities Expenditures
(lines 11+22+30+38+44+52+53+54) 58
62,556,283 12,396,415 1,776,394
64,420,8521
0
154,198,277
120,329,131
BUSINESS TYPE ACTIVITIES
Proprietary: Enterprise & Budgeted ISF
7,029,985
7,029,985
5,996,581
Water Utility 59
Sewer Utility 60
6,733,448
6,733,448
5,875,768
Electric Utility 61
0
0
Gas Utility 62
0
0
Airport 63
365,273
365,273
381,227
Landfill/Garbage 64
9,314,327
9,314,327
8,384,672
Transit 65
8,371,003
8,371,003
7,446,609
Cable TV, Internet & Telephone 66
0
0
Housing Authority 67
11,703,168
11,703,168
9,775,270
Storm Water Utility 68
715,551
715,551
451,277
Other Business Type (city hosp., ISF, parking, etc.) 69
4,316,160
4,316,160
6,448,791
Enterprise DEBT SERVICE 70
7,623,787
7,623,787
8,464,303
Enterprise CAPITAL PROJECTS 71
17,441,142
17,441,142
7,712,375
Enterprise TIF CAPITAL PROJECTS 72
0
0
TOTAL BUSINESS TYPE EXPENDITURES (lines 56 - 68) 73
73,613,844
73,613,844
60,936,873
TOTAL ALL(lines 58+74)
74
62,556,283
12,396,415
1,776,394
13,048,333 64,420,852
0
73,613,844
227,812,121
181,266,004
Regular Transfers Out
Internal TIF Loan Transfers Out
75
76
9,684,059
15,740,556
37,360,135
62,784,750
46,464,323
107,620 2,258,669
2,366,289
3,079,549
Total ALL Transfers Out
77
9,791,679
15,740,556
2,258,669
0 0
0
37,360,135
65,151,039
49,543,872
Total xpen f ures and Other Fin Uses(lines 73+77T-78,
72,347,962
28,136,971
4,035,063
13,048,333 64,420,852
0
110,973,979
292,963,160
230,809,876
Ending Fund Balance June 30
791
37,364,2891
7,743,5701
511,3401
9,449,8801 560,4041
119,0581
81,520,2731
137,268,814
182,770,051
THE USE OF THE CONTINUING APPROPRIATION IS VOLUNTARY. SUCH EXPENDITURES DO NOT REQUIRE AN AMENDMENT. HOWEVER THE ORIGINAL AMOUNT OF THE CAPITAL PROJECT
MUST HAVE APPEARED ON A PREVIOUS YEAR'S BUDGET TO OBTAIN THE SPENDING AUTHORITY. THE CONTINUING APPROPRIATION CAN NOT BE FOR A YEAR PRIOR TO THE ACTUAL YEAR.
CONTINUING APPROPRIATIONS END WITH THE ACTUAL YEAR. SEE INSTRUCTIONS.
Form 631.D CITY OF Iowa City Department of Management
RE -ESTIMATED REVENUES DETAIL
RE -ESTIMATED Fiscal Year Ending 2020 Fiscal Years
(A)
(B)
GENERAL
(C)
SPECIAL
REVENUES
D
TIF
SPECIAL
REVENUES
(E)
DEBT
SERVICE
(F)
CAPITAL
PROJECTS
(G)
PERMANENT
(H)
PROPRIETARY
(1)
RE -ESTIMATED
2020
(J)
ACTUAL
2019
(K)
REVENUES & OTHER FINANCING SOURCES
Taxes Levied on Property
Less: Uncollected Property Taxes - Levy Year
Net Current Property Taxes (line 1 minus line 2)
1
2
3
36,176,002
36,176,0021
12,567,294
12,567,294
11,553,357
11,553,3571
127,253
13,390
140,6431
01
0
9,440
60,296,653
0
60,296,653
0
3,450,835
676,391
976,050
0
0
61,180
1,045,700
0
2,759,321
2,073,060
59,113,344
0
59,113,344
2,059
2,564,840
667,713
964,690
0
0
46,295
1,313,886
0
2,992,584
3,006,074
Delinquent Property Taxes 4 1
TIF Revenues 5
Other City Taxes:
Utility Tax Replacement Excise Taxes 6 410,550 138,588
3,450,835
Utility francise tax (Iowa Code Chapter 364.2) 7 976,050
Parimutuel wager tax 8
Gaming wager tax 9
Mobile Home Taxes 10 36,000 11,790
Hotel/Motel Taxes 11 1,045,700
Other Local Option Taxes 12
Subtotal - Other City Taxes (lines 6 thru 12) 13 2,468,300 150,378
Licenses & Permits 14 2,063,620
Use of Money & Property
15
1,092,107
106,805
10,000
120,370
2,175,373
3,504,655
5,489,441
Intergovernmental:
Federal Grants & Reimbursements
16
215,193
2,086,242
321,689
321,689
5,406,042
5,888,136
4,229,000
15,523,178
11,820,309
3,516,971
38,750
15,376,030
9,333,360
19,527,786
8,426,500
11,397,674
7,274,976
46,626,936
9,333,360
14,152,390
8,820,138
5,022,201
3,273,660
31,268,389
9,672,079
Road Use Taxes 17 8,426,500
Other State Grants & Reimbursements 18 1,279,382 391,496
Local Grants & Reimbursements 19 2,544,350 462,876
Subtotal - Intergovernmental (lines 16 thru 19) 20 4,038,925 11,367,114
0
Charges for Fees & Service:
Water Utility 21
1
107,620
Sewer Utility 22
11,433,056
11,433,056
12,830,871
Electric Utility 23
0
0
Gas Utility 24
0
0
Parking 25 26,210
6,671,922 6,698,132
6,546,854
Airport 26
0
0
Landfill/Garbage 27
9,787,878 9,787,878
9,747,751
Hospital 28
0
0
Transit 29
1,226,980 1,226,980
1,221,289
Cable TV, Internet & Telephone 30 512,750
512,750
0
Housing Authority 31
0
0
Storm Water Utility 32
1,717,010 1,717,010
1,568,019
Other Fees & Charges for Service 33 5,904,492 21,000
1 5,925,492
5,986,855
Subtotal - Charges for Service (lines 21 thru 33) 34 6,443,452 21,000
0 0 0 40,170,206 46,634,658
47,573,718
Special Assessments 35 810
810
0
Miscellaneous 36 1,738,064 327,811
54,525 147,275 547,609 2,815,284
3,364,380
Other Financing Sources:
Regular Operating Transfers In 37 14,171,676 1,867,851
20,052 6,364,804 40,360,367 62,784,750
46,464,323
Internal TIF Loan Transfers In 38 1,166,322
1,059,868 32,479 2,366,289
3,079,549
Subtotal ALL Operating Transfers In
39
15,337,998
1,867,851
107,620
1,079,920
6,397,283
0
40,360,367
65,151,039
49,543,872
Proceeds of Debt (Excluding TIF Internal Borrowing_ 40
200,000
11,972,340
12,172,340
13,375,848
Proceeds of Capital Asset Sales
41
976,332
1,000,000
1,976,332
1,866,243
Subtotal -Other Financing Sources (16-36thru38)
42
16,514,330
1,867,851
107,620
1,079,920
19,369,623
0
40,360,367
79,299,711
64,785,963
Total Revenues except for beginning fund balance
(lines 3, 4, 5, 12, 13, 14, 19, 33, 34, 35, & 39)
431
35,610
26,408,253
3,568,455
13,270,504
35,040,076
0
98,639,025
247,461,923
220,160,792
Beginning Fund Balance Jul 1
44
39,176,641
9,472,288
977,948
9,227,709
29,941,180
119,058
93,855,227
182,770,051
193,419,135
TOTAL REVENUES & BEGIN BALANCE fxnes41+ 21
451
109,712,251
35,880,541
4,546,403
22,498,213
64,981,2561
119,0581
192,494,2521
430,231,974
413,579,927
52-483
CITY BUDGET AMENDMENT AND CERTIFICATION RESOLUTION • FY 2020 -AMENDMENT #2
To the Auditor of JOHNSON County, Iowa:
The City Council of Iowa City in said CounWounties met on 312412020
,at the place and hour set in the notice, a copy of which accompanies this certificate and is certified as to rt' (,'Li' j�l�
publication. Upon taking up the proposed amendment, h was considered and taxpayers were heard for and against JOHNSON CO. IOWA
the amendment.
The Council, after hearingall MAR 3 1 2Q20
taxpayers wishing to be heard and considering the statements made by them, gave
final consideration to the proposed amendment(s) to the budget and modifications proposed at the hearing. If any,
thereupon, the following resolution was Introduced. �,. / �a
RESOLUTION No, 20-80 COUNTY AUDITOR
A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 3 2020
(AS AMENDED LAST ON 91312019 .)
Be It Resolved by the Council of the City of owe ty
Section 1. Following notice published 3/13/2020
and the public hearing held, 3/24/2020 the current budget (as previously amended) is amended as set out
herein and in the detail by fund type and activity that supports this resolution which was considered at that hearing:
�) Pass this 24th
��..R.�--V •17 - c % tin
Sgnah �.
Gty Clarkfin Officer
dayof March, 2020
pbarvrW e�
t A{,y,St
S,yn tore (��`''��—
Mayor
Total Budget
Total Budget
as certified
Current
after Current
or last amended
Amendment
Amendment
Revenues 8 Other Financing Sources
Taxes Levied on Property
1
60,296,653
0
60,296,653
Less: Uncollected Property Taxeslevy Year
2
0
0
0
NetcurtedProperlyTsxeo
3
60,296,653
0
60,296,653
Fe—Unquent Property Taxes
4
0
0
FRevenues5
3.450,835
01
3,450,835
Other Git Taxes
6
2759,321
0
2,759,321
Licenses B PermAe
7
2,073,060
0
2,073,060
Use of Money and Pro
8
3.517,225
-12,570
3504,855
intergovernmental
9
42,037,521
4,589,415
46,626,936
Che for Bankes
t0
46,456,326
178,332
46,634,658
Special Asaesamenia
11
810
0
810
Mkrx.11eneous
12
2,770,957
44,327
2,815,284
Other Financing sources
13
14,333,672
-185,000
14,148,672
Trenarerain
14
43529,001
21,622,038
65,151,039
Tocol Rsysnuoe entl Otheraoumes
15
21,225,361
26,236,542
247,461,923
Expsriditures d Other Financing Uses
Pubto Sale
16
26,506,832
244,516
26,751.348
Public Works
17
10,434,208
280 349
10,714,557
Heath and Social services
531,500
0
531,500
Cudure and Recreation
16,032,415
55,785
18,088,200
Community and Economic Development
11,186,436
860,726
12,047162
GeneralGovemment
10,094,944
501,381
10,596,325
Debt Service
13,039,775
8,558
13,048,333
capital Projects
d28
61!6121
2,612,434
64,420,852
Tote) Government Activities Expendllures
149,634,628
4,563,749
154,198,277
Business Type IEMa es
72,221,133
1.392,711
73,613,844
Tetel Gov Activlilis a Business Expenditures
221,855,661
5,956,460
227,812,121
Transfers Out
43,528,001
21,622038
65,151,039
Total ExpendituresRrensrero Due
265,364,662
27,578,498
292,963,160
Excess Revenuss a Other Sources Over
(Under) ExpencilluneRranNen Out Fiscal Year
29
-44,159,281
-1,341,956
-45,501,237
Beginning Fund Balance July 1
30
134,084,934
48,685117
182,770,0,51
Ending Fund Bslaneo June 30
31
89,925,653
47,343,161
137,268,814
�) Pass this 24th
��..R.�--V •17 - c % tin
Sgnah �.
Gty Clarkfin Officer
dayof March, 2020
pbarvrW e�
t A{,y,St
S,yn tore (��`''��—
Mayor
Resolution No.
Page 2
MM
It was moved by Weiner and seconded by Taylor the
Resolution be adopted, and upon roll call there were:
AYES: NAYS
ABSENT:
Bergus
Mims
Salih
Taylor
Teague
Thomas
Weiner
Item Number: 15.
CITY OF IOWA CITY
`���� COUNCIL ACTION REPORT
March 24, 2020
Resolution adopting the annual budget for the fiscal year ending June 30,
2021.
Prepared By: Jacklyn Fleagle, Budget & Compliance Officer
Reviewed By: Dennis Bockenstedt, Finance Director
Ashley Monroe, Assistant City Manager
Fiscal Impact: See memo below
Recommendations: Staff: Approval
Commission: N/A
Attachments: FY2021 Notice of Public Hearing and related schedules
Resolution
Executive Summary:
On March 24, 2020, two public hearings will be held: one hearing will be held to take public input
on the proposed amendment of the fiscal year 2020 (FY2020) budget, and one hearing will be
held to take public input on the proposed fiscal year 2021 (FY2021) budget. Following the first
public hearing, a resolution to amend the FY2020 Operating Budget will be considered. Following
the second public hearing, a resolution to adopt the FY2021 Operating Budget and a resolution to
approve the FY2020-2022 Financial Plan and 2020-2024 Capital Improvement Plan document
will be considered. The FY2021 adopted budget must be certified by the Johnson County
Auditor's office by March 31, 2020.
Background /Analysis:
The FY2020-2022 Financial Plan and 2020-2024 Capital Improvement Plan document was
made available to City Council and the general public in December 2019. This document included
the proposed FY2020 amended budget and the proposed FY2021 budget. This document
detailed the proposed and amended budgets as submitted by the City Manager following an
extensive budget process.
The City Council held public work sessions in January and February 2020 to review and discuss
the FY2020-2022 Financial Plan and 2020-2024 Capital Improvement Plan document. During
these budget work sessions, the City Manager and the department directors presented their
budget proposals and responded to questions from the City Council. The City Council also
clarified and refined their budget priorities during these work sessions.
The Resolutions to Amend the FY2020 Budget and to Adopt the FY2021 Budget and related
schedules represent all of the programs and details that were included in the FY2020-2022
Financial Plan and 2020-2024 Capital Improvement Plan document. The Resolutions and related
schedules also include any subsequent changes as directed by the City Council as well as
corrections and adjustments identified by City staff. The related schedules for the FY2020
Amended Budget and the FY2021 Budget were made available to the public on March 3, 2020
and the Notices of Public Hearing for both were published on March 13, 2020, in accordance with
state law to allow for public input.
Financial Impact: Fiscal Year 2021 Proposed Budget On December 18, 2019, the FY2020-2022
Financial Plan and 2020-2024 Capital Improvement Plan document was delivered to the City
Council and made available to the general public. Since that time, changes and adjustments were
made by City Council and by City staff to the proposed FY2021 budget. The changes to the
FY2021 budget are summarized as follows:
Final property tax revenue calculations including gas & electric excise taxes and property tax
backfill payments:
$194,167 General Fund revenue
$112,746 Employee Benefits Fund revenue
($681) Emergency Levy Fund revenue
$21,334 Transit Fund revenue
$1,217 Debt Service Fund revenue
$328,783 Total revenue impact
Aid to Agencies was increased in the amount of $229,150.
SSMI D revenue and expense increased in the amount of $12,980.
Payroll expenditures for Police increased in the amount of $80,208.
The final proposed property tax levy rate for FY2021 is $15.773 per $1,000 of taxable valuation;
this is unchanged from the proposed levy rate presented in December. The FY2021 levy rate
represents a 0.37% decrease from Iowa City's FY2020 levy rate of $15.833 per $1,000 of
taxable valuation. Starting with fiscal year 2013, the City's property tax levy rate has decreased for
nine consecutive years by a total of $2.07 or 11.59%.
ATTACHMENTS:
Description
FY2021 Notice of Public Hearing & Schedules
Resolution
f#y,NnmlMAlnpwrshl
Adoption of Budget and Certification of City Taxes 52=483
FISCAL YEAR BEGINNING JULY 1, 2020- ENDING JUNE 30, 2021
Dollar
W
Resolution No.:
20-81
The City of: Iowa CIS_ County Name:
uolwsoR
Date Budget Adopted:
312412020
Tn. plvw.syrcda..XFros11,X1 Mcaycouon,. —I.. pblaa.Mw, I.rvlm
AldcM nIyt rv'mNWSeaee,ap Fe,mM,xitl:n In6crr.rraal vrtlmdeb,w,`ike d on�LI.dewlxa.ar,pe(+.,nMI.i:.lyn.c.. wmm.,q,f
wIM1a.na p2) wppaGg pgaa.
Properly Taxes,
on6petirp
RECEIVED
901,805
14
0.24000
,JOHNSON CO. IOWA
(317)35fi.$p41
H.»m->---
Utility Replacement
J
CBun Autlitor Dale stem
January L 2019 Property
Valuations "
oxrl
e.tawo
MAR 3I 2020
Wa
Toter on o
pr yep Baneaflerlea (le,Y0,a1)
a2
5,784,706o.e7r6e
13954054
5,729,036
Gas B ElecNcF
Without GasBEleWic
xomolel
33,798,676
Regular s.
DEBTSERVICE a.
4,172,675,883 m
4,132,519,644
4,216,507,591
97,862
4,256,753,820 m
' ✓
Ag Land
14,811 571
Valuation
..
1,424,328
Contract for use of Bridge
COUNTY A TOR
a2) Ae Re4 tM7h GesBb7e. MAW Gas B Eta.
,los)
TAXES LEVIED
Opt 8 Maint publicly owned Transit
e
cove
Dollar
W
mt
awe onaw Emergency(o general fund at levy limo)
7.I
Sec.
Purpose
Request vdlh
Properly Taxes,
1,001,442
901,805
14
0.24000
AmlNea FICA & (if general Fund at levy limit)
ze
Utility Replacement
Levied
0.98D24
Rale
ao _
oxrl
e.tawo
Regular lavy
Toter on o
pr yep Baneaflerlea (le,Y0,a1)
a2
5,784,706o.e7r6e
13954054
5,729,036
138s3
s
33,798,676
— 33.473409
4s
8.10000
Isr.+
Is")
Non
OthGener Perml
-Voted Other Permissible levees
14,955,496
14,811 571
Valuation
121.7
o Bisys
Contract for use of Bridge
a2) Ae Re4 tM7h GesBb7e. MAW Gas B Eta.
,los)
scsso0
Opt 8 Maint publicly owned Transit
e
445,627
0
0
,I[,,)Ami
x.o
Rent, Ins. Mont of Ckic Center
i
3,964,042
3,925,804
4s
0.95000
+1112)
o.....
Opr & Maint of Coy owned Civic Center
a
-
-- 0
_
A0
0
+spa)
1.160
Planninga Sanitary Di
ry sposal Project
o
0
0
41
0
+1(.1
a2i0ro
Aviation Authority (under sec.330A.15)
,o
0
D
as
0
14W
0.01.
Levee Onpr, fund in special charter city
tt
nes
0
91
0
111171
AmIN.
Liability, Property & self insurance costs
,a
-
0
_
1
0
+zit+)
Am+nm
Support Die Local EmemM +Comm
,< _
1,211 912
'—
—.- 1'200'249
s,1
0.29044
ro+)
voted Other Per Ibie Levies
uz
Tt3WIProparty Taxes (27+39+40+41)
0
—
0
12111
o,Iawa
InstmmentaAlocal Music Groups
66,482,523
65.849,136
1577305
with ALL the following:
Budgets that DO NOT meet ALL the criteria below are not
12o)
"im
Memorial Building
16
-
0
It
0
1s(el
slasw
Symphony Orchestra
+e
0
52
0
122)
4.
Cultural & Scientific Facilities---
0
6,
p
lain
A, volae
V.
County Bridge
e
1s,
—
0
—.
a
0
+2(0
t.asa0s
Missl Or Missouri River Bridge Const
--
0
81
_
D
121.)
.wars
Aid to a Transit Company
x
— --
— 0
se
0
12011
amsw
Maintain Institution received by
2,
_
1200
,.(sws
giNdevisis
City Emergency Medical District
0
s0
D
+2901
sn00B
Support Public Library•ea
29
26,622
--- 0
•^s.
-
0
WE..
Ism
Law Enforcernent
.1,1
1,115,780
e,
0.27000
Total
General Fund Regular Levies f5 torn 24)
4
p
3641.1
Aa Land
40101257
. ---
39 715 382
Special Revenue Levies
awe onaw Emergency(o general fund at levy limo)
W. A.IN. Police & Fire Retirement
2s
1,001,442
901,805
14
0.24000
AmlNea FICA & (if general Fund at levy limit)
ze
4,090224
4,050861
0.98D24
am.t axe ss,= Other Employee Benefitsm
Employee
ao _
4 079124
4.039 869
Toter on o
pr yep Baneaflerlea (le,Y0,a1)
a2
5,784,706o.e7r6e
13954054
5,729,036
138s3
Sub Total Special Revenue Levies 28+32
13,819,765
ds
3.34415
ss,
14,955,496
14,811 571
Valuation
a2) Ae Re4 tM7h GesBb7e. MAW Gas B Eta.
SSMID 1 uJ 222 ei 3 569 ml _... 222,813 509 s4
----
445,627
4427
5.6
53MID2 s,4 IN
se
ss
2.00000
SSM03 w rel
x---'
--
0
m
D
SSMID4 vI
0
ss
p
__
SSMID$ w
0
s2
p
P,
SSMID6 14 ql
s
0
Sas
0
SSMID 7 w re,
O
us
O
SSMIDS_._--al _---..ss—_-_..
nes
—._—-..----.__.
0
22)
D
_-.--
Total Special Revenue Levies,
_
D
pAa
0
awe ami Nc Debt Service Levy 76.10(6)
x
15,401,123
15,257,798
ae•.i al?. Capital projects (Capital Improv. Reserve)
40
70,975,877 40 --
70,872,328
io
2.57846
Tt3WIProparty Taxes (27+39+40+41)
4,
1
D
i+
0
s
COUNTY AUDITOR - I certify the budget Is In compliance
66,482,523
65.849,136
1577305
with ALL the following:
Budgets that DO NOT meet ALL the criteria below are not
Statutorily
compliant&
must be returned to
the city for Correction.
_1) BMp.euvaea Noe"--' psutntIIt' 2 &I lrwmexl.+l.vp. yglrpr120d.d,wro.weeetpmbb.a=e p,ox+wa.tli.rc.d.
_23 BIvgN Mve'vymG:nwe,ePllXial,etlm poebdmlbatlw tOtley=, m, may .120 d.,. PBxMMbW2at Mervq
_a) Aiepbtlq gvlyyyadv,nbttwdpW ¢Mdoe ptled vmvuma
—._9j AdoPled eryrv,eiN.eeaml4ueHpWrbindrcyelativ,nWnbN pe[1,dM Wgp,[yrem eroa4.NNbgl.
_1+) xunMrdlM roiWGvnedwr pVgxudpet lea [eaphc4H.dalMkq vJGu lwm
—_BJ Tn Orr4lelae,gbvtlotlb Yq BxaMli A,vd mukfivtl Na PpPD: nopYtt'Xbetl pY Gtr WS'W WapHna.
-il iM Ivry ixm bbte[Ixtl,rb(rwm ronvMv.'awHnbnlppjmerdemwr,q lopvy 1Me00aGl oe=Gfmdbygavllybe4 oHi:a.
Form 631.1 Department of Management
NOTICE OF PUBLIC HEARING
BUDGET ESTIMATE
FISCAL YEAR BEGINNING JULY 1, 2020 - ENDING JUNE 30, 2021
City of IOWA City , Iowa
The City Council will conduct a public hearing on the proposed Budget at 410 E Washington St, City Hall
on 3/24/2020 at 7:00 pm
(Date) xx/xx/xx (hour)
The Budget Estimate Summary of proposed receipts and expenditures is shown below.
Copies of the the detailed proposed Budget may be obtained or viewed at the offices of the Mayor,
City Clerk, and at the Library.
The estimated Total tax levy rate per $1000 valuation on regular property .......... $
The estimated tax levy rate per $1000 valuation on Agricultural land is .. ......... $
15.77305
3.00375
At the public hearing, any resident or taxpayer may present objections to, or arguments in favor of, any part
of the proposed budget.
(319) 356-5041 Kellie Fruehling
phone number City Clerk/Finance Officer's NAME
Budget FY
2021
Re -estimated FY
2020
Actual FY
2019
(a)
(b)
(c)
Revenues & Other Financing Sources
Taxes Levied on Property
1
65,849,136
60,296,653
59,113,344
Less: Uncollected Property Taxes -Levy Year
2
0
0
0
Net Current Property Taxes
3
65,849,136
60,296,653
59,113,344
Delinquent Property Taxes
4
0
0
2,059
TIF Revenues
5
2,593,203
3,450,835
2,564,840
Other City Taxes
6
2,958,258
2,759,321
2,992,584
Licenses & Permits
7
2,209,820
2,073,060
3,006,074
Use of Money and Property
8
3,036,906
3,504,655
5,489,441
Intergovernmental
9
35,752,644
46,626,936
31,268,389
Charges for Fees & Service
10
48,039,624
46,634,658
47,573,718
Special Assessments
11
570
810
0
Miscellaneous
12
2,581,239
2,815,284
3,364,380
Other Financing Sources
131
12,772,840
14,148,672
15,242,091
Transfers In
14
47,223,813
65,151,039
49,543,872
Total Revenues and Other Sources
15
223,018,053
247,461,923
220,160,792
Expenditures & Other Financing Uses
Public Safety
16
27,852,394
26,751,348
24,589,780
Public Works
17
11,754,422
10,714,557
9,929,379
Health and Social Services
18
605,000
531,500
300,000
Culture and Recreation
19
16,431,607
16,088,200
13,910,730
Community and Economic Development
20
8,901,519
12,047,162
9,163,122
General Government
21
11,453,509
10,596,325
9,004,996
Debt Service
22
14,519,819
13,048,333
13,678,214
Capital Projects
23
22,705,470
64,420,852
39,752,910
Total Government Activities Expenditures
24
114,223,740
154,198,277
120,329,131
Business Type / Enterprises
25
61,278,675
73,613,844
60,936,873
Total ALL Expenditures
26
175,502,415
227,812,121
181,266,004
Transfers Out
27
47,223,813
65,151,039
49,543,872
Total ALL Expenditures/Transfers Out
28
222,726,228
292,963,160
230,809,876
Excess Revenues & Other Sources Over
(Under) Expenditures/Transfers Out
29
291,825
-45,501,237
-10,649,084
Beginning Fund Balance July 1
30
137,268,8141
182,770,051
193,419,135
Ending Fund Balance June 30
31
137,560,6391
137,268,814
182,770,051
Form 635.2A CITY OF Iowa City
Department of Management
ADOPTED BUDGET SUMMARY
YEAR ENDED JUNE 30, 2021
Fiscal Years
(A)
(B)
GENERAL
(C)
SPECIAL
REVENUES
(D)
TIF
SPECIAL
REVENUES
(E)
DEBT
SERVICE
(F)
CAPITAL
PROJECTS
(G)
PERMANENT
(H)
PROPRIETARY
(1)
BUDGET
2021
(J)
RE -ESTIMATED
2020
(K)
ACTUAL
2019
(L)
Revenues & Other Financing Sources
Taxes Levied on Property
1
39,719,610
15,257,198
2,593,203
10,872,328
0
0
0
0
11,710
1,838,991
65,849,136
0
60,296,653
0
59,113,344
0
Less: Uncollected Property Taxes -Levy Year 2 01 0
0
Net Current Property Taxes 3 39,719,610 15,257,198
10,872,328
65,849,136 60,296,653
59,113,344
Delinquent Property Taxes 4 0 0
TIF Revenues 5
Other City Taxes 6 2,687,089 155,985
0
0
0 0
2,059
2,593,203 3,450,835
2,564,840
15,000
115,184
100,912
0
0
2,958,258 2,759,321
2,992,584
Licenses & Permits 7 2,198,110 0
2,209,820 2,073,060
3,006,074
Use of Money and Property 8 975,6521 106,351
3,036,906 3,504,655
5,489,441
Intergovernmental
9
4,208,517
11,121,322
0
305,674
6,295,860
0
13,821,271
35,752,644
46,626,936
31,268,389
Charges for Fees & Service 10 7,008,678 37,810
2,608,203
0
0
40,993,136
48,039,624
46,634,658
47,573,718
Special Assessments 11 570 0
0
0
0
0
570 810
0
Miscellaneous 12 1,566,912 290,880
56,801
0
666,646
2,581,239 2,815,284
3,364,380
Sub -Total Revenues 13 58,365,138 26,969,546
11,450,899
6,295,860
0
57,331,754
163,021,400 168,162,212
155,374,829
Other Financing Sources:
Total Transfers In
14
14,649,360
2,001,370
165,000
1,021,113
5,180,635
0
24,206,335
47,223,813
65,151,039
49,543,872
Proceeds of Debt
15
400,000
0
0
0
11,871,140
0
0
12,271,140
12,172,340
13,375,848
Proceeds of Capital Asset Sales 16 501,700 0
0
0
0
0
501,700 1,976,332
1,866,243
Total Revenues and Other Sources
17
73,916,198
28,970,916
2,773,203
12,472,012
23,347,635
0
81,538,089
223,018,053
247,461,923
220,160,792
Expenditures & Other Financing Uses
Public Safety
Public Works
18
19
26,899,188
4,893,963
953,206
6,860,459
0
14,519,819
0
27,852,394
26,751,348
24,589,780
0
0
11,754,422 10,714,557
9,929,379
Health and Social Services 20 605,000 0
0
0
605,000 531,500
300,000
Culture and Recreation 21 16,431,607 0
0
0
16,431,607 16,088,200
13,910,730
Community and Economic Development 22 4,119,221 3,542,2691
1,240,029
0
8,901,519 12,047,162
9,163,122
General Government 23 10,184,185 1,269,324
0
0
11,453,509 10,596,325
9,004,996
Debt Service 24 0 0
0
0
14,519,819 13,048,333
13,678,214
Capital Projects 25 0 0
0
22,705,470
0
22,705,470 64,420,852
39,752,910
Total Government Activities Expenditures 26 63,133,164 12,625,258
1,240,029
14,519,819
22,705,470
0
114,223,740 154,198,277
120,329,131
Business Type Proprietray: Enterprise & ISF
27
61,278,675
61,278,675
73,613,844
60,936,873
Total Gov& Bus Type Expenditures
28
63,133,164
12,625,258
1,240,029
14,519,819
22,705,470
0
61,278,675
175,502,415
227,812,121
181,266,004
Total Transfers Out
29
8,767,341
16,331,000
1,092,142
0
0
0
21,033,330
47,223,813
65,151,039
49,543,872
Total ALL Expenditures/Fund Transfers Out
30
71,900,505
28,956,258
2,332,171
14,519,819
22,705,470
0
82,312,005
222,726,228
292,963,160
230,809,876
Excess Revenues & Other Sources Over
(Under) Expenditures/TransfersOut
31
32
2,015,693
14,658
441,032
-2,047,807
642,165
0
-773,916
291,825
-45,501,237
-10,649,084
Beginning Fund Balance July 1
33
37,364,2891
7,743,5701
511,3401
9,449,880
560,404
119,0581
81,520,273
137,268,814
182,770,0511
193,419,135
Ending Fund Balance June 30
34
39,379,9821
7,758,2281
952,3721
7,402,073
1,202,569
119,0581
80,746,357
137,560,639
137,268,814
182,770,051
Form 6316 CITY OF Iowa City Department of Management
The last two columns will fill in once
REVENUES DETAIL the Re -Est forms are completed
Fiscal Year Ending 2021 Fiscal Years
(A)
(B)
GENERAL
C
SPECIAL
REVENUES
(D)
TIF
SPECIAL
REVENUES
(E)
DEBT
SERVICE
(F)
CAPITAL
PROJECTS
(G)
PERMANENT
(H)
PROPRIETARY
(1)
BUDGET
2021
(J)
RE -ESTIMATED
2020
(K)
ACTUAL
2019
(L)
REVENUES & OTHER FINANCING SOURCES
Taxes Levied on Property
1
39,719,610
15,257,198
10,872,328
0
0
11,710
65,849,136
0
65,849,136
0
2,593,203
633,387
964,690
0
0
58,361
1,301,820
0
2,958,258
2,209,820
60,296,653
0
60,296,6531
0
3,450,835
676,391
976,050
0
0
61,180
1,045,700
0
2,759,321
2,073,060
59,113,344
0
59,113,344
2,059
2,564,840
667,713
964,690
0
0
46,295
1,313,886
0
2,992,584
3,006,074
Less: Uncollected Property Taxes - Levy Year 2
Net Current Property Taxes (line 1 minus line 2) 3 39,719,6101 15,257,198
10,872,3281
Delinquent Property Taxes 4
TIF Revenues 5
Other City Taxes:
Utility Tax Replacement Excise Taxes 6 385,919 143,925
2,593,203
103,543 0
Utility franchise tax Iowa Code Chapter 364.2 7 964,690
Parimutuel wager tax 8
Gaming wager tax 9
Mobile Home Taxes 10 34,660 12,060
11,641
Hotel/Motel Taxes 11 1,301,820
Other Local Option Taxes 12
Subtotal - Other City Taxes (lines 6 thru 12) 13 2,687,089 155,985
115,184 0
Licenses & Permits 14 2,198,110
Use of Money & Property
15
975,652
106,351
15,000
100,912
1,838,991
3,036,906
3,504,655
5,489,441
Intergovernmental:
Federal Grants & Reimbursements
16
248,165
1,371,516
305,674
305,674
3,245,860
1,438,000
1,612,000
6,295,860
11,954,540
1,827,981
38,750
1 13,821,271
16,820,081
8,820,140
5,252,384
4,860,039
35,752,644
19,527,786
8,426,500
11,397,674
7,274,976
46,626,936
14,152,390
8,820,138
5,022,201
3,273,660
31,268,389
Road Use Taxes 17 8,820,140
Other State Grants & Reimbursements 18 1,209,094 471,635
0
Local Grants & Reimbursements 19 2,751,258 458,031
Subtotal - Intergovernmental (lines 16 thru 19) 20 4,208,517 11,121,322
0
Charges for Fees & Service:
Water Utility
21
-
165,000
9,744,740
9,744,740
9,333,360
9,672,079
Sewer Utility 22
11,632,156 11,632,156 11,433,056
12,830,871
Electric Utility 23
0 0
0
Gas Utility 24
0 0
0
Parking 25 30,750
6,348,010 6,378,760 6,698,132
6,546,854
Airport 26
0 0
0
Landfill/Garbage 27
10,342,230 10,342,230 9,787,878
9,747,751
Hospital 28
0 0
0
Transit 29
1,221,300 1,221,300 1,226,980
1,221,289
Cable TV, Internet & Telephone 30 512,750
512,750 512,750
0
Housing Authority 31
0 0
0
Storm Water Utility 32
1,704,700 1,704,700 1,717,010
1,568,019
Other Fees & Charges for Service 33 6,465,178 37,810
1 6,502,988 5,925,492
5,986,855
Subtotal - Charges for Service (lines 21 thru 33) 34 7,008,678 37,810
0 0 0 40,993,136 48,039,624 46,634,658
47,573,718
Special Assessments 35 570
570 810
0
Miscellaneous 36 1,566,912 290,880
56,801 666,646 2,581,239 2,815,284
3,364,380
Other Financing Sources:
Regular Operating Transfers In 37 14,560,444 2,001,370
20,052 5,178,470 24,206,335 45,966,671 62,784,750
46,464,323
Internal TIF Loan Transfers In 38 88,916
1,001,061 2,165 1,257,142 2,366,289
3,079,549
Subtotal ALL Operating Transfers In
39
14,649,360
2,001,370
165,000
1,021,113
5,180,635
0
24,206,335
47,223,813
65,151,039
49,543,872
Proceeds of Debt (Excluding TIF lntemal Borrowing)
40
400,000
11,871,140
12,271,140
12,172,340
13,375,848
Proceeds of Capital Asset Sales
41
501,700
501,700
1,976,332
1,866,243
Subtotal -Other Financing Sources (lines 38thru40)
42
15,551,060
2,001,370
165,000
1,021,113
17,051,775
0
24,206,335
59,996,653
79,299,711
64,785,963
Total Revenues except for beginning fund balance
(lines 3, 4, 5, 13, 14, 15, 20, 34, 35, 36, & 41)
43
73,916,198
28,970,916
2,773,203
12,472,012
23,347,635
0
81,538,089
223,018,053
247,461,923
220,160,792
Beginning Fund Balance Jul 1
44
37,364,289
7,743,570
511,340
9,449,880
560,404
119,058
81,520,273
137,268,814
182,770,051
193,419,135
TOTAL REVENUES & BEGIN BALANCE frmes42.43
451
111,280,4871
36,714,4861
3,284,543
21,921,892
23,908,039
119,0581
163,058,3621
360,286,8671
430,231,974
413,579,927
Form 631 AP1 CITY OF Iowa lilt/ Department of Management
EXPENDITURES SCHEDULE PAGE 1
Fiscal Year Ending 2021 Fiscal Years
GOVERNMENT ACTIVITIES
(A)
(B)
GENERAL
(C)
SPECIAL
REVENUES
(D)
TIF
SPECIAL
REVENUES
(E)
DEBT
SERVICE
(F)
CAPITAL
PROJECTS
(G)
PERMANENT
(H)
ROPRIETAR
(1)
BUDGET
2021
(J)
RE -ESTIMATED
2020
(K)
ACTUAL
2019
(L)
PUBLIC SAFETY
Police DepartmentlCrime Prevention
1
14,664,353
14,664,353
14,213,298
13,297,882
Jail 2
0 0
0
Emergency Management 3
0 0
0
Flood Control 4
0 0
0
Fire Department 5 9,032,037
9,032,037 8,630,791
8,292,055
Ambulance 6
0 0
0
Building Inspections 7 2,196,826
2,196,826 1,878,433
1,792,911
Miscellaneous Protective Services 8
0 0
0
Animal Control 9 1,002,840
1,002,840 1,105,829
775,273
Other Public Safety 10 3,132 953,206
956,338 922,997
431,659
TOTAL (lines 1 - 10) 11 26,899,188 953,206
0
27,852,394 26,751,348
24,589,780
PUBLIC WORKS
Roads, Bridges, & Sidewalks 12 4,489,938
4,489,938 4,262,206
4,085,867
Parking - Meter and Off -Street 13
0 0
0
Street Lighting 14 462,077
462,077 551,382
0
Traffic Control and Safety 15 885,979
885,979 829,889
1,563,536
Snow Removal 16 511,646
511,646 452,820
566,920
Highway Engineering 17 3,117,289
3,117,289 2,807,112
2,105,423
Street Cleaning 18 387,719
387,719 375,447
354,070
Airport (if not Enterprise) 19
0 0
0
Garbage (if not Enterprise) 20
0 0
0
Other Public Works 21 1,776,674 123,100
1,899,774 1,435,701
1,253,563
TOTAL (lines 12 - 21) 22 4,893,963 6,860,459
0
11,754,422 10,714,557
9,929,379
HEALTH & SOCIAL SERVICES
Welfare Assistance 23
City Hospital 24
0 0
0
0 0
0
Payments to Private Hospitals 25
0 0
0
Health Regulation and Inspection 26
0 0
0
Water, Air, and Mosquito Control 27
0 0
0
Community Mental Health 28
0 0
0
Other Health and Social Services 29 605,000
605,000 531,500
300,000
TOTAL (lines 23 - 29) 30 605,000 0
0
605,000 531,500
300,000
CULTURE & RECREATION
Library Services 31 7,092,059
7,092,059 6,976,883
6,403,794
Museum, Band and Theater 32
0 0
0
Parks 33 3,615,755
3,615,755 3,660,957
2,880,956
Recreation 34 4,267,267
4,267,267 4,078,684
3,410,408
Cemetery 35 417,858
417,858 400,567
349,747
Community Center, Zoo, & Marina 36
0 0
0
Other Culture and Recreation 37 1,038,668
1,038,6681 971,1091
865,825
TOTAL (lines 31-37) 38 16,431,607 0
01
16,431,6071 16,088,2001
13,910,730
Form 631 AP2 CITY OF Iowa City Department of Management
EXPENDITURES SCHEDULE PAGE 2
Fiscal Year Ending 2021 Fiscal Years
GOVERNMENT ACTIVITIES CONT.
(A)
(B)
GENERAL
(C)
SPECIAL
REVENUES
(D)
TIF
SPECIAL
REVENUES
(E)
DEBT
SERVICE
(F)
CAPITAL
PROJECTS
(G)
PERMANENT
(H)
PROPRIETARY
(1)
BUDGET
2021
(J)
RE -ESTIMATED
2020
(K)
ACTUAL
2019
(L)
COMMUNITY & ECONOMIC DEVELOPMENT
Community Beautification
39
322,560
1,175,758
1,411,220
1,209,683
4,119,221
1,465,209
3,515,267
867,117
752,633
1,021,248
2,562,711
10,184,185
0
63,133,164
2,263,744
1,278,525
3,542,269
1,269,324
1,269,324
0
12,625,258
662,332
577,697
1,240,029
0
0
1,240,029
14,519,8191
22,705,470
22,705,470
14,519,819 22,705,470
0
0
0
0
7,223,499
7,025,739
367,708
9,377,233
7,988,973
10,139,876
679,879
3,995,631
7,645,487
6,834,650
61,278,675
322,560
352,581
319,627
Economic Development 40
1,175,758 1,803,776
2,584,660
Housing and Urban Renewal 41
2,263,744 3,320,612
3,149,604
Planning & Zoning 42
1,411,220 1,739,823
1,338,691
Other Com & Econ Development 43
3,150,540 3,874,520
1,770,540
TIF Rebates 44
TOTAL (lines 39-44) 45
577,697 955,850
0
8,901,519 12,047,162
9,163,122
GENERAL GOVERNMENT
Mayor, Council, & City Manager 46
Clerk, Treasurer, & Finance Adm. 47
Elections 48
Legal Services & City Attorney 49
1,465,209 1,474,838
1,664,469
3,515,267 3,492,019
3,177,942
0 0
0
867,117 880,104
751,266
City Hall & General Buildings 50
752,633 854,593
709,704
Tort Liability 51
Other General Government 52
TOTAL (lines 46 - 52) 53
1,021,248 1,010,458
973,669
3,832,035 2,884,313
1,727,946
11,453,509 10,596,325
9,004,996
DEBT SERVICE 54
14,519,819 13,048,333
13,678,214
Gov Capital Projects 55
22,705,470 64,420,852
39,752,910
TIF Capital Projects 56
0 0
0
TOTAL CAPITAL PROJECTS 57
22,705,470 64,420,852
39,752,910
TOTAL Government Activities Expenditures
(lines 11+22+30+38+45+53+54+57) 58
114,223,740 154,198,277
120,329,131
BUSINESS TYPE ACTIVITIES
Proprietary: Enterprise & Budgeted ISF
7,223,499 7,029,985
5,996,581
Water Utility 59
Sewer Utility 60
7,025,739 6,733,448
5,875,768
Electric Utility 61
0 0
0
Gas Utility 62
1 0 0
0
Airport 63
367,708 365,273
381,227
Landfill/Garbage 64
9,377,233 9,314,327
8,384,672
Transit 65
7,988,973 8,371,003
7,446,609
Cable TV, Internet & Telephone 66
0 0
0
Housing Authority 67
10,139,876 11,703,168
9,775,270
Storm Water Utility 68
679,879 715,551
451,277
Other Business Type (city hosp., ISF, parking, etc.) 69
3,995,631 4,316,160
6,448,791
Enterprise DEBT SERVICE 70
7,645,487 7,623,787
8,464,303
Enterprise CAPITAL PROJECTS 71
6,834,650 17,441,142
7,712,375
Enterprise TIF CAPITAL PROJECTS 72
0 0
0
TOTAL Business Type Expenditures (lines 59 - 73) 73
61,278,675 73,613,844
60,936,873
TOTAL ALL EXPENDITURES (lines 58+74)
74
63,133,164
12,625,258
1,240,029
14,519,819 22,705,470
0 61,278,675
175,502,415
227,812,121
181,266,004
Regular Transfers Out
75
8,602,341
165,000
16,331,000.
1,092,142
21,033,330
45,966,671
62,784,750
46,464,323
Internal TIF Loan / Repayment Transfers Out 76
1,257,142 2,366,289
3,079,549
Total ALL Transfers Out
77
8,767,341
16,331,000
1,092,142
0 0
0 21,033,330
47,223,813
65,151,039
49,543,872
Total Expenditures & Fund Transfers Out (ln-75.7e)
78
71,900,505
28,956,258
2,332,171
14,519,819 22,705,470
0 82,312,005
222,726,228
292,963,160
230,809,876
Ending Fund Balance June 30
791
39,379,9821
7,758,228
952,3721'7,402,0731
1,202,5691
119,0581 80,746,357
137,560,6391
137,268,8141
182,770,051
* A continuing appropriation is the unexpended budgeted amount from a prior year's capital project. The entry is made on the Con Approps page that must accompany the budget forms if used. SEE INSTRUCTIONS FOR USE.
Form 703
City Name: IOWA C
Debt Name
(A)
1 2012 GO
2 2013 GO
3 2014 GO
4 2015 GO
5 2016 GO
6 2017 GO
7 201BAGO
8 2019 GO
9 2020 GO (proposed)
10 2012D TIF Revenue Bonds
1111 12016E TIF Revenue Bonds
6 Water Revenue Refunding Bonds
7 Water Revenue Refundina Bonds
LONG TERM DEBT SCHEDULE
GENERAL OBLIGATION BONDS, TIF BONDS, REVENUE BONDS, LOANS, LEASE -PURCHASE PAYMENTS
PAGE 1
GO - TOTAI
NON -GO TOTAI
GRAND TOTAI
Amount Type of Debt
of Debt Resolution
Issue Obligation Number
(B) (C) (D)
7
GO
GO
GO
GO
GO
GO
GO
NON - GO
NON - GO
NON - GO
NON - GO
NON - GO
NON - GO
NON - GO
NO SELECTION
NO SELECTION
NO SELECTION
NO SELECTION
NO SELECTION
NO SELECTION
NO SELECTION
NO SELECTION
NO SELECTION
NO SELECTION
NO SELECTION
NO SELECTION
NO SELECTION
NO SELECTION
14-134
18-133
19-116
16-255
16-172
TOTALS
Department of Management
Fiscal Year
2021
10,760,000
1,311,124
12,071,124
3,600
0
1,098,853
10,975,871
6,235,000
899,161
7,134,161
2,800
0
7,136,961
0
16,995,000
2,210,285
19,205,285
6,400
0
8,235,814
10,975,871
Principal
Due FY
2021
(E)
Interest
Due FY
2021
(F)
Total
Obligation
Due FY
2021
(G)
Bond Reg./
Paying Agent
Fees Due FY
2021
=(H)
Reductions due
to Refinancing
or Prepayment
of Certified Debt
=(I)
Paid from
Funds OTHER THAN
Current Year
Debt Service Taxes
=-(J)
Amount Paid
Current Year
Debt Service Levy
=(K)
975,000
42,113
1,017,113
400
60,556
956,957
835,000
45,723
880,723
400
154,096
727,027
950,000
101,075
1,051,075
400
308,599
742,876
785,000
83,000
868,000
400
72,473
795,927
930,000 1
127,150
1,057,150
400
1,057,550
940,000
154,063
1,094,063
400
160,429
934,034
840,000
217,800
1,057,800
400
1,058,200
905,000
173,000
1,078,000
400
1,078,400
3,600,000
367,200
3,967,200
400
342,700
3,624,900
1,985,000
64,545
2,049,545
400
2,049,945
0
0
384,150
384,150
400
384,550
0
1,765,000
90,050
1,855,050
400
1,855,450
0
855,000
167,375
1,022,375
400
1,022,775
0
520,000
27,140
547,140
400
547,540
0
445,000
75,863
520,863
400
521,263
0
665,000
90,038
755,038
400
755,438
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
16,995,000
2,210,285
19,205,2851
6,400
0
8,235,814
10,975,871
Prepared by: Dennis Bockenstedt, Finance Director, 410 E. Washington St., Iowa City, IA 52240; 319-356-5053
RESOLUTION NO. 20-81
Resolution adopting the annual budget for the fiscal year ending
June 30, 2021.
Whereas, a public hearing on the proposed budget for the fiscal year ending June 30, 2021 was
held on March 24, 2020, at a regularly scheduled City Council meeting and public comments were
received.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
The annual budget for the fiscal year ending June 30, 2021, as set forth in the Adoption of
Budget and Certification of Taxes and on the Adopted Budget Summary, together with the
detailed budget in support thereof showing revenue estimates, appropriation expenditures,
and program allocations for said fiscal year should be and hereby is adopted.
2. The City Clerk is hereby directed to make the filings required by law, and to set up the
books in accordance with the summary and details, as adopted.
Passed and approved this 24th day of march 2020.
Attest:
City Clerk
It was moved by Mims
adopted, and upon roll call there were:
AYES:
X
X
X
X
X
finadmkeslann1bdgl-2021.d=
yor
and seconded by
NAYS:
roved by
A1C - 3-19-av
City Attorney's Office
Thomas the Resolution be
ABSENT:
Bergus
Mims
Salih
Taylor
Teague
Thomas
Weiner
115,
Item Number: 16.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
March 24, 2020
Resolution approving the three-year Financial Plan for the City of Iowa City,
Iowa, and the five-year Capital Improvement Plan.
Prepared By: Jacklyn Fleagle, Budget & Compliance Officer
Reviewed By: Dennis Bockenstedt, Finance Director
AShley Monroe, Assistant City Manager
Geoff Fruin, City Manager
Fiscal Impact: See Memo Below
Recommendations: Staff: Approval
Commission: N/A
Attachments: Resolution
Executive Summary:
On March 24, 2020, two public hearings will be held: one hearing will be held to take public input
on the proposed amendment of the fiscal year 2020 (FY2020) budget, and one hearing will be
held to take public input on the proposed fiscal year 2021 (FY2021) budget. Following the first
public hearing, a resolution to amend the FY2020 Operating Budget will be considered.
Following the second public hearing, a resolution to adopt the FY2021 Operating Budget and a
resolution to approve the FY2020-2022 Financial Plan and 2020-2024 Capital Improvement Plan
document will be considered. The FY2021 adopted budget must be certified by the Johnson
County Auditor's office by March 31, 2020.
Background /Analysis:
The FY2020-2022 Financial Plan and 2020-2024 Capital Improvement Plan document was
made available to City Council and the general public in December 2019. This document included
the proposed FY2020 amended budget and the proposed FY2021 budget. This document
detailed the proposed and amended budgets as submitted by the City Manager following an
extensive budget process.
The City Council held public work sessions in January and February 2020 to review and discuss
the FY2020-2022 Financial Plan and 2020-2024 Capital Improvement Plan document. During
these budget work sessions, the City Manager and the department directors presented their
budget proposals and responded to questions from the City Council. The City Council also
clarified and refined their budget priorities during these work sessions.
The Resolutions to Amend the FY2020 Budget and to Adopt the FY2021 Budget and related
schedules represent all of the programs and details that were included in the FY2020-2022
Financial Plan and 2020-2024 Capital Improvement Plan document. The Resolutions and related
schedules also include any subsequent changes as directed by the City Council as well as
corrections and adjustments identified by City staff. The related schedules for the FY2020
Amended Budget and the FY2021 Budget were made available to the public on December 18,
2019 and the Notices of Public Hearing for both were published on March 24, 2020, in
accordance with state law to allow for public input.
Financial Impact:
Fiscal Year 2021 Proposed Budget
On December 18, 2019, the FY2020-2022 Financial Plan and 2020-2024 Capital Improvement
Plan document was delivered to the City Council and made available to the general public. Since
that time, changes and adjustments were made by City Council and by City staff to the proposed
FY2021 budget. The changes to the FY2021 budget are summarized as follows:
• Final property tax revenue calculations including gas & electric excise taxes and property tax
backfill payments:
$194,167 General Fund revenue
$112,746 Employee Benefits Fund revenue
(681) Emergency Levy Fund revenue
$21,334 Transit Fund revenue
+$1,217 Debt Service Fund revenue
$328,783 Total revenue impact
• Aid to Agencies was increased in the amount of $229,150.
• Debt service payments decreased in the amount of $342,700.
• SSMI D revenue and expense increased in the amount of $12,980.
• Payroll expenditures for Police increased in the amount of $80,208.
The final proposed property tax levy rate for FY2021 is $15.773 per $1,000 of taxable valuation;
this is unchanged from the proposed levy rate presented in December. The FY2021 levy rate
represents a.37% decrease from Iowa City's FY2020 levy rate of $15.833 per $1,000 of taxable
valuation. Starting with fiscal year 2013, the City's property tax levy rate has decreased for nine
consecutive years by a total of $2.07 or 11.59°/x.
Fiscal Year 2020 Revised Budget
The FY2020 budget amendment presented for City Council approval is the second budget
amendment of FY2020. This amendment incorporates all of the programs, changes, and updates
presented in the financial plan and capital improvement plan document that was distributed to the
City Council and the general public on December 18, 2019.
The State of Iowa allows cities to amend the annual operating budget for supplemental
appropriation authority. These changes may include new or revised revenue and expenditure
projections, transfers between funds, and capital improvement plan changes. Increased
expenditures must utilize available fund balance or additional revenue sources, as the State does
not allow amendments to increase property taxes. According to the City's financial policies,
amendments to operating budgets will be made only in the following situations:
• emergency situations
• transfer from contingency
• expenditures with offsetting revenues or fund balance
• carry-over of prior year budget authority for expenses that had not been paid as of the end of
the fiscal year.
Since the distribution of the plan document, changes and adjustments were made by City Council
and by City staff to the amended FY2020 budget.
The proposed budget amendment to the City's FY2020 budget does not increase property taxes
or change the property tax levy rate and expenditures are funded from increased revenues or
available fund balance.
ATTACHMENTS:
Description
Resolution
0
Prepared by: Dennis Bockenstedt, Finance Director, 410 E. Washington St., Iowa City, IA 52240; 319-356-5053
Resolution No. 20-82
Resolution approving the three-year Financial Plan for the
City of Iowa City, Iowa, and the five-year Capital
Improvement Plan.
Whereas, the City Council of the City of Iowa City deems it in the public interest and in the interest
of good and efficient government for the City of Iowa City, Iowa, to adopt a three-year Financial
Plan for operations and a five-year Capital Improvement Plan budget; and
Whereas, the three-year Financial Plan and multi-year Capital Improvement Plan are subject to
annual review and revisions; and
Whereas, a public hearing was held on March 24, 2020, at a regularly scheduled City Council
meeting and public comments were received.
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 does hereby adopt the three-year Financial Plan
for the Fiscal Years 2020 through 2022 and the five-year Capital Improvement Plan 2020 -
2024.
2. This Resolution is an expression of the Council's legislative intent for planning future
operation and capital improvements for the City of Iowa City, Iowa; and the anticipated
means of financing said plan, subject to applicable laws.
Passed and approved this 24th day of march , 2020.
Ma r
roved by -
Attest: • `� Q� �P'! 4 - a 0
City Clerk City Attorney's Office
Resolution No.
Page 2
20-s2
It was moved by Salih and seconded by Bergus the
Resolution be adopted, and upon roll call there were:
EWAFYI
NAYS: ABSENT:
Bergus
Mims
Salih
Taylor
Teague
Thomas
Weiner
Item Number: 17.
CITY OF IOWA CITY
`���� COUNCIL ACTION REPORT
March 24, 2020
Resolution Authorizing the Mayor to sign and the City Clerk to attest the
Consent Order between the City of Iowa City and the Environmental
Protection Agency regarding zinc effluent limitations at the Wastewater
Treatment Plant.
Prepared By: Ron Knoche, Public Works Director
Reviewed By: Eleanor Dilkes, City Attorney
Geoff Fruin, City Manager
Fiscal Impact: No impact.
Recommendations: Staff: Approval
Commission: N/A
Attachments: Consent Order
Resolution
Executive Summary:
The Consent Order with the EPA identifies two violations: 1) failure to comply with effluent
limitations; and 2) failure to continue to develop local limits. The City is required to submit a
writtten plan ("Compliance Plan") for achieving compliance with the City's NPDES and
Pretreatment permits within 60 days of the effective date of the Order and to achieve compliance
no later than 18 months after the effective date. The City has already taken the initial action to
achieve compliance. The I DNR has approved a revision of the local limits calculation for zinc
using the site-specific removal efficiency factor and the first reading of the ordinance amendment
required is on the agenda immediately following this item.
Background /Analysis:
Since June of 2016 the City has been working to address the identified zinc exceedances in the
Wastewater Treatment Plant (WWTP) effluent by identifying zinc sources and attempting to
capture and retain more zinc in the biologic process and biosolids. All zinc exceedances were
reported to the I DNR as required by the NPDES Permit and increased sampling both internally
and externally was done to identify additional sources of zinc. The initial indication was the zinc
was being concentrated through the biosolids dewatering process and that modified treatment
techniques would address it. In November of 2019 the EPA performed a Pretreatment Audit
which identified the problem as the use of an estimated treatment plant removal efficiency in the
City's calculation of local limits rather than a more accurate site-specific removal efficiency.
ATTACHMENTS:
Description
Consent Order
Resolution
11.
Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5156
RESOLUTION NO. 20-83
Resolution authorizing the Mayor to sign and the City Clerk
to attest the Consent Order between the City of Iowa City and
the Environmental Protection Agency regarding zinc effluent
limitations at the Wastewater Treatment Plant
Whereas, since June of 2016 the City has been working to address the identified zinc
exceedances in the Wastewater Treatment Plant (WWTP) effluent by identifying zinc sources
and attempting to capture and retain more zinc in the biologic process and biosolids; and
Whereas, all zinc exceedances were reported to the Iowa Department of Natural Resources
(IDNR) as required by the NPDES Permit and increased sampling both internally and externally
was done to identify additional sources of zinc; and
Whereas, the initial indication was the zinc was being concentrated through the biosolids
dewatering process and that modified treatment techniques would address it; and
Whereas, in November of 2019 the Environmental Protection Agency (EPA) performed a
Pretreatment Audit which identified the problem as the use of an estimated treatment plant
removal efficiency in the City's calculation of and the IDNR's approval of local limits rather than
a more accurate site-specific removal efficiency; and
Whereas, the zinc exceedances and the City's failure to recognize the data showed a more
accurate site-specific removal efficiency could be derived are violations of the NPDES Permit
and applicable laws and regulations; and
Whereas, the EPA has proposed a Consent Order pursuant to which the City is required to
submit a written plan ("Compliance Plan") for achieving compliance with the City's NPDES and
Pretreatment permits within 60 days of the effective date of the Order and to achieve
compliance no later than 18 months after the effective date; and,
Whereas, the City has already taken the initial action to achieve compliance. The IDNR has
approved a revision of the local limits for calculation for zinc using the site-specific removal
efficiency factor and the process for amending the ordinance has begun; and
Whereas, it is in the best interests of the City and its residents to enter into said Consent Order.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
The attached Consent Order is hereby approved, and the Mayor is hereby authorized to
execute and the City Clerk to attest the Consent Order.
Resoultion No. 20-83
Page 2
Passed and approved this 24th day of March 2020
M OR
proved b�
ATTEST: .6
CI CLERK City Attorney's Office
Resolution No.
Page 3
20-83
It was moved by Thomas and seconded by Taylor the
Resolution be adopted, and upon roll call there were:
AYES: NAYS:
ABSENT:
Bergus
Mims
Salih
Taylor
Teague
Thomas
Weiner
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 7
11201 RENNER BOULEVARD
LENEXA, KANSAS 66219
BEFORE THE ADMINISTRATOR
Mu:Y t•
Iowa City, Iowa
Respondent
Proceedings under Section 309(a)(3) of the
Clean Water Act, 33 U.S.C. § 1319(a)(3)
Docket No. CWA-07-2020-0103
FINDINGS OF VIOLATION AND
ORDER FOR COMPLIANCE ON
CONSENT
Preliminary Statement
1. The following Findings of Violation and Administrative Order for Compliance on
Consent ("Order on Consent") are made and issued pursuant to Section 309(a)(3) of the Clean
Water Act ("CWA"), 33 U.S.C. § 1319(a)(3). This Authority has been delegated by the
Administrator of the U.S. Environmental Protection Agency ("EPA") to the Regional
Administrator, EPA, Region 7 and further delegated to the Director of Region 7's Enforcement
and Compliance Assurance Division.
2. Respondent is the city of Iowa City, Iowa ("Respondent" or "the City") and was at all
relevant times a municipality organized under the laws of the state of Iowa.
3. EPA, together with the Respondent enter into this Section 309(a)(3) Order for the
purpose of carrying out the goals of the CWA, 33 U.S.C. § 1251 et seq., to "restore and maintain
the chemical, physical, and biological integrity of the Nation's waters."
4. It is the Parties' intent through entering into this Order to address Respondent's alleged
noncompliance with the CWA and violation of its National Pollutant Discharge Elimination
System ("NPDES") permit. As set forth in this Order on Consent, the Parties have amicably
reached agreement regarding the timeframes for Respondent to attain compliance with the CWA
and its NPDES permit.
5. By entering into this Order on Consent, Respondent (1) consents to and agrees not to
contest the EPA's authority or jurisdiction to issue and enforce this Section 309(a) Order on
Consent, (2) agrees to undertake all actions required by the terms and conditions of this Order on
Consent, and (3) consents to be bound by the requirements set forth herein. Respondent neither
admits nor denies the specific factual allegations or Findings of Violation in this Order on
Consent, except that Respondent admits the jurisdictional allegations herein. Respondent also
In the Matter of Iowa City, Imra
Orderfor Compliance on Consent
CN'A-07-1020-0103
Page 2 of 11
waives any and all remedies, claims for relief and otherwise available rights to judicial or
administrative review that Respondent may have with respect to any issue of fact or law set forth
in this Order on Consent, including any right of judicial review under Chapter 7 of the
Administrative Procedure Act, 5 U.S.C. §§ 701-706.
Statutory and Regulatory Framework
6. Section 301(a) of the CWA, 33 U.S.C. § 1311(a), prohibits the discharge of pollutants,
except in compliance with, inter alfa, Sections 307 and 402 of the CWA, 33 U.S.C. §§ 1317 and
1342. Section 402 of the CWA, 33 U.S.C. § 1342 provides that pollutants may be discharged in
accordance with the terms of an NPDES permit issued pursuant to that Section. Section 307 of
the CWA, 33 U.S.C. § 1317 of the CWA, provides for the promulgation of regulations
establishing pretreatment standards.
7. The CWA prohibits the discharge of "pollutants" from a "point source" into a
"navigable water" of the United States, as these terms are defined by Section 502 of the CWA,
33 U.S.C. § 1362.
8. Section 502(7) of the CWA, 33 U.S.C. § 1362(7), defines "navigable waters" as the
"waters of the United States," which in tum has been defined to include, inter alfa, all waters
which are currently used, were used in the past, or may be susceptible to use in interstate or
foreign commerce, and tributaries to such waters. 40 C.F.R. § 122.2.
9. To implement Section 402 of the CWA, the EPA promulgated regulations codified at
40 C.F.R. Part 122. Under 40 C.F.R. Part 122. 1, an NPDES permit is required for the discharge
of pollutants from any point source into waters of the United States.
10. As defined by 40 C.F.R. § 403.3(q), a Publicly Owned Treatment Works ("POTW")
includes, but is not limited to, devices and systems for storage and treatment of municipal
sewage and sewers, pipes and other conveyances of wastewater.
11. To implement Section 307 of the CWA, the EPA promulgated regulations codified at
40 C.F.R. Part 403. Under 40 C.F.R. §§ 403.5(c) and 403.8(f)(4), a POTW that is required to
develop a pretreatment program must develop and enforce specific limits, known as "local
limits," to implement the general and specific prohibitions in 40 C.F.R. § 403.5(a) and (b).
Under 40 C.F.R. § 403.5(c), each POTW with an approved pretreatment program shall continue
to develop these limits as necessary and effectively enforce such limits.
12. The Iowa Department of Natural Resources ("IDNR') is the state agency in Iowa
with the authority to administer the federal NPDES and Pretreatment Programs, pursuant to
Sections 402 and 307 of the CWA, 33 U.S.C. § 1342 and 1317, respectively, and applicable
implementing regulations. IDNR is the Approval Authority for the Pretreatment Program in
Iowa. EPA retains concurrent enforcement authority with authorized state programs for
violations of the CWA.
In the Afaaer of Iowa City, Iona
Orderfor Compliance on Consent
CWA-07-2020-0103
Page 3 of II
EPA's General Allegations
13. Respondent is a "person," as defined by Section 502(5) of the CWA, 33 U.S.C.
§ 1362(5).
14. Respondent is the owner and/or operator of a POTW in Iowa City, Iowa, that includes
a sewage collection system, which receives wastewater from various domestic and non-domestic
sources, and a sewage treatment plant ("STP"), consisting of an activated sludge wastewater
treatment plant equipped with two bar screens, two vortex grit units for grit removal, a flow
equalization basin (17.6 million gallons), five primary clarifiers, four ten -cell activated sludge
trains, two bio -augmentation re -aeration reactors ("BAR"), 25 million gallon per day ("MGD")
mixed liquor pumping station, six secondary clarifiers, sludge dewatering with 484,000 -gallon
high strength tank, six digesters (two thermophilic tanks and four mesophilic tanks), covered
sludge storage, and a ultraviolet ("UV") disinfection system.
15. The STP discharges through an outfall ("Outfall 00111) to the Iowa River. The Iowa
River is a "water of the United States" and, therefore, "navigable water" pursuant to Section
502(7) of the CWA, 33 U.S.C. § 1362(7).
16. The STP is also equipped with three additional outfalls, Outfall 002, Outfall 003, and
Outfall 004. Outfall 002 is a bypass outfall from the equalization basin overflow, that can
discharge to the Iowa River. Outfall 003 consists of the discharge of treated irrigation water to
Kickers Soccer Field and Outfall 004 consists of the discharge of treated irrigation water to
Napoleon Park Ball Fields and Terry Trueblood Recreation Area turf irrigation.
17. The Iowa River is impaired by E. coli and bacteria. A Total Maximum Daily Load
("TMDL") has not been recorded for this waterbody.
18. The STP is a "point source" that "discharges pollutants" to "navigable waters" of the
United States, as these terms are defined by Section 502(14), (12) and (7) of the CWA, 33 U.S.C.
§ 1362(14), (12) and (7), respectively.
19. On May 1, 2014, the IDNR issued NPDES permit number IA0070866 to the City
pursuant to Section 402 of the CWA, 33 U.S.C. § 1342 ("NPDES Permit"), effective until April
30, 2019. On December 2, 2015, the NPDES Permit was amended to remove the zinc schedule
of compliance to require effective permit limits for the parameter of zinc and to add Outfalls 003
and 004 to the permit. On June 1, 2017, the NPDES Permit was amended again to remove the
Nutrient Reduction Requirements page and to add annual average mass limits for total nitrogen
and total phosphorus. The NPDES Permit authorizes discharges from the associated outfalls of
the STP to the Iowa River subject to conditions and limitations set forth in the NPDES Permit.
A timely renewal application was received by the IDNR on November 1, 2018. Pursuant to
Standard Condition 11, the NPDES Permit remains in effect until IDNR makes a final
determination on the permit application.
20. Respondent's NPDES Permit contains: Effluent Limitations; Monitoring and
Reporting Requirements; Special Monitoring Requirements; Land Application of Wastewater
In the Matter of 1wa City, Ion a
Orderfor Compliance on Consent
CWA-07-2020-0103
Page 4 of 11
Special Conditions; Additional Operating, Monitoring, and Reporting Requirements; Sewage
Sludge Handling and Disposal Requirements; Significant Industrial User Limitations; and
Standard Conditions.
21. Respondent's Pretreatment Program was approved by the IDNR pursuant to the
authority of Sections 307 and 402 of the CWA, 33 U.S.C. § 1317 and 1342, on or about
February 29, 1984.
22. On January 14, 2019, IDNR staff conducted an inspection of the POTW. The IDNR
inspection report cited instances of non-compliance which included exceedance of NPDES
Permit effluent limits for the parameter of zinc. IDNR issued a Notice of Violation to
Respondent on April 16, 2019 for the failure to comply with the zinc effluent limits listed in the
NPDES Permit.
23. On April 1-4, 2019, EPA performed a Compliance Sampling Inspection of the City's
STP ("Inspection") under the authority of Section 308(a) of the CWA, 33 U.S.C. § 1318(a).
24. During the Inspection, the EPA inspector reviewed and collected copies of records
relating to the Permit, observed the City's POTW, including the collection system, STP, and
discharge location, and collected influent and effluent samples.
25. A copy of the Inspection Report was sent to the City on or about June 26, 2019.
26. On or about September 19, 2019, the EPA issued a request for information to the City
pursuant to the authority of Section 308(a) of the CWA, U.S.C. § 1318(a), requiring submittal of
information, among other things, regarding the operation of the POTW, communications
between the City and industrial users, and plans to address compliance with the POTW's NPDES
Permit.
27. The City submitted an initial response to the information request by letter and
Statement of Certification dated October 17, 2019 ("City's Information Request Response"),
which was received by the EPA on or about October 28, 2019. The City provided information
including, but not limited to, DMRs from April 2014 through September 2019, projects, plans,
procedures, and studies related to operation and maintenance of the STP and collection system,
records of repairs and capital improvements of the STP, and information regarding wastes
received from industrial users. The City continued to provide information in response to the
information request, including a second response that was received by the EPA on or about
November 22, 2019 and a third response that was received by the EPA on or about December 9,
2019.
28. On November 5, 2019, EPA performed a Pretreatment Audit ("Pretreatment Audit")
of the City's approved Pretreatment Program under the authority of Section 308(a) of the CWA,
33 U.S.C. § 1318(a).
29. A copy of the Audit report was sent to the IDNR and the City on or around
December 27, 2020.
In the Mauer of lowa City, lmva
Orderfor Compliance on Consent
CWA-07-2010-0103
Page 5 of Il
EPA's Findings of Violation
Count 1
Failure to Comply with Effluent Limitations
30. The facts stated above are re -alleged and incorporated herein by reference.
31. Respondent's NPDES Permit states that the POTW is prohibited from discharging
pollutants except in compliance with the effluent limitations established in the NPDES Permit
The NPDES Permit establishes effluent limits with monitoring and reporting requirements for
the POTW's Outfall 001, including daily maximum and monthly average limits for zinc.
32. The Effluent Limitations section of Respondent's NPDES Permit requires that the
Monthly Average and the Daily Maximum level of zinc in the POTW's effluent shall be less
than 0.2563 milligrams per liter (mg/L).
33. Based on observations and sampling documented during the Inspection and EPA's
review of information provided by the City, effluent monitoring data for the STP, and other
relevant information, EPA finds that on at least 74 days from June 2016 to October 2019, the
City violated the daily maximum effluent limitation for zinc and violated the monthly average
effluent limitation for zinc in February 2019 for Outfall 001 set forth in its NPDES Permit.
34. Each failure to comply with effluent limitations is a violation of the terms and
conditions of Respondent's NPDES permit and, as such, is a violation of Sections 301(a) and
402 of the CWA, 33 U.S.C. §§ 131 ](a), 1342(p).
Count2
Failure to Continue to Develop Local Limits
35. The facts stated above are re -alleged and incorporated herein by reference.
36. Pursuant to 40 C.F.R. § 403.5(c) and the Significant Industrial User Limitations,
Monitoring, and Reporting Requirements section of Respondent's NPDES Permit, the City must
develop, enforce, and evaluate the adequacy of local limits to meet the general prohibitions
against interference and pass through listed in 40 C.F.R. § 403.5(a) and the specific prohibitions
listed in 40 C.F.R. § 403.5(b). In addition, 40 C.F.R. § 403.5(c) specifically requires the City to
continue to develop these limits as necessary.
37. Based on discussions and documentation collected during EPA's Pretreatment Audit,
the local limits calculated by the City in 2015 and approved by IDNR in September 2016,
specifically for zinc, were calculated using an estimated treatment plant removal efficiency.
38. Subsequent to calculating local limits in 2015, the City conducted increased sampling
of the City's collection system influent and the STP's effluent in order to identify additional
sources of zinc. In addition, the City took measures to modify the STP treatment processes to
attempt to reduce zinc levels in the effluent, which ultimately were not successful in preventing
In the Matter of 1mra Cio-, Imva
Orderfor Compliance on Consent
CWA-07-1020-0103
Page 6 of 11
zinc exceedances.
39. During the Pretreatment Audit, the EPA determined that the City had collected
sufficient STP influent and effluent sampling data by which a more accurate site-specific
removal efficiency for the Iowa City STP could be derived and incorporated into the City's local
limit calculation.
40. The City's failure to continue to evaluate and develop local limits utilizing the more
accurate site-specific removal efficiency is a violation of 40 C.F.R. Part 403 and the terms and
conditions of Respondent's NPDES Permit and Pretreatment Permit, as such, is a violation of
Sections 307 and 402 of the CWA, 33 U.S.C. § 1317 and 1342(p).
Order for Compliance on Consent
41. Based on the EPA Findings set forth above, and pursuant to Section 309(a)(3) of the
CWA, 33 U.S.C. § 1319(a)(3), the EPA hereby ORDERS the Respondent, and the Respondent
hereby AGREES, to take the actions described below.
42. In accordance with this Order, the Respondent agrees to take all necessary actions to
correct the deficiencies and eliminate and prevent recurrence of the violations cited above, and to
come into compliance with all of the applicable requirements of its NPDES Permit as soon as
possible but no later than eighteen (18) months after the effective date of this Order ("Final
Compliance Date").
43. Compliance Plan. By no later than sixty (60) days after the effective date of this
Order, the City shall submit to the EPA, with a copy to the IDNR, a comprehensive written plan
(the "Compliance Plan") for achieving compliance with the City's NPDES and Pretreatment
Permits.
a. The Compliance Plan shall describe in detail the actions to betaken or work to be
completed, including, at a minimum:
L A revision of the local limits calculation for zinc using the site-specific
removal efficiency factor for the STP (to be submitted to the IDNR for
approval by no later than thirty (30) days after the effective date of this
Order);
ii. The procedures and timetable for revision of the City's Sewer Use
Ordinance with new approved local limits; and
iii. Revised Pretreatment Permits issued by the City to Significant Industrial
Users by no later than six (6) months after the effective date of this Order
to incorporate the revised local limits, including any compliance schedules
required to be incorporated into the Pretreatment Permits.
b. The Compliance Plan shall include an implementation schedule with a proposed
sequential milestone schedule for completing any proposed actions/work. All such
actions/work shall be completed as expeditiously as possible, with a final completion
date of no later than eighteen (18) months after the effective date of this Order.
In die Matter oflona City, lona
Orderfor Compliance on Consent
CWA-07-2020-0103
Page 7 of 11
c. The EPA will promptly review, and may provide written comments on, the City's
Compliance Plan.
44. Compliance Plan Completion. Within thirty (30) days of completion of the final
scheduled corrective action, the City shall submit a written certification to the EPA, with a copy
to the IDNR, that it has completed all actions required pursuant to this Order on Consent and
achieved compliance with its NPDES Permit.
45. The EPA will promptly review submittals from Respondent. If, after review of
Respondent's submittals pursuant to this Order on Consent, the EPA determines that additional
corrective measures or alternative deadlines are appropriate, the EPA may seek to modify this
Order on Consent pursuant to the provisions of Paragraph 56 below or terminate this Order on
Consent and initiate a separate enforcement action, as appropriate.
Reports/Submissions
46. Quarterly Reports. In addition to the submittal required by Paragraph 43, above, the
City shall submit to EPA, with a copy to the IDNR, quarterly reports describing the actions the
City has taken to comply with the terms of this Order, including at a minimum: copies of the
IDNR approval of the revised local limits; copies of any modification and/or amendment to the
City's Pretreatment Permit, NPDES Permit, or Sewer Use Ordinance, and Pretreatment Permits
issued by the City to Significant Industrial Users, including any compliance schedules, that were
issued or received during the reporting period; monthly discharge monitoring reports for the
reporting period; and notification of any noncompliance with the Permit during the reporting
period. These reports are due by March 31, June 30, September 30, and December 31 during the
Compliance Plan implementation period until termination of this Order pursuant to Paragraph
57, below.
47. Submittals. All documents required to be submitted to EPA by this Order, including
the certification statement in Paragraph 50 below, shall be submitted by electronic mail to:
tipton.lantz@epa.gov
Lantz Tipton, or his successor
U.S. Environmental Protection Agency — Region 7
Enforcement and Compliance Assurance Division
Water Branch
11201 Renner Boulevard
Lenexa, Kansas 66219
48. Electronic submissions to the EPA will be deemed submitted on the date they are
transmitted electronically. Any report, notification, certification, or other communication that
cannot be submitted electronically to the EPA shall be submitted in hard -copy to the address
provided above.
In the Alatter oflmva City, lawa
Orderfor Cornpft nce on Consent
CWA-07-1010-0103
Page 8 of ll
49. All documents required to be submitted pursuant to this Order shall also be submitted
electronically and by mail to IDNR to the address provided below:
deborah.quade@dnr.iowa.gov
Deborah Quade, Supervisor
Field Office #6
Iowa Department of Natural Resources
1023 W. Madison St.
Washington, Iowa 52353-1623
50. Each submission requirement of this Order shall contain the following certification
signed by an authorized official, as described at 40 C.F.R. § 122.22:
I certify under penalty of law that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure that
qualified personnel properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility offine and
imprisonment for knowing violations.
General Provisions
Effect of Compliance with the Terms of this Order for Compliance
51. Compliance with the terms of this Order shall not relieve Respondent of liability for,
or preclude the EPA from, initiating an administrative or judicial enforcement action to recover
penalties for any violations of the CWA, or to seek additional injunctive relief, pursuant to
Section 309 of the CWA, 33 U.S.C. § 1319.
52. This Order does not constitute a waiver or a modification of any requirements of the
CWA, 33 U.S.C. § 1251 et sea., all of which remain in full force and effect. The EPA retains the
right to seek any and all remedies available under Sections 309(b), (c), (d), or (g) of the CWA,
33 U.S.C. § 1319(b), (c), (d) or (g), for any violation cited in this Order. Issuance of this Order
shall not be deemed an election by the EPA to forgo any civil or criminal action to seek
penalties, fines, or other appropriate relief under the CWA for any violation whatsoever.
Access and Requests for Information
53. Nothing in this Order shall limit the EPA's right to obtain access to, and/or to inspect
Respondent's facility, and/or to request additional information from Respondent, pursuant to the
authority of Section 308 of the CWA, 33 U.S.C. § 1318 and/or any other authority.
In the Matter of 1mra City, 1mra
Orderfor Compliance on Consent
CWA-07-2020-0103
Page 9 of 11
Severability
54. If any provision or authority of this Order, or the application of this Order to
Respondent, is held by federal judiciary authority to be invalid, the application to Respondent of
the remainder of this Order shall remain in full force and effect and shall not be affected by such
a holding.
Effective Date
55. The terms of this Order shall be effective and enforceable against Respondent on the
Effective Date, which is the date this Order is signed by the EPA.
Modification
56. At the EPA's sole discretion, extensions of the compliance schedule/deadlines
required by this Order may be made by the EPA by written notice to Respondent, without further
formal amendment to the Order. The EPA's consent for a requested extension will not be
unreasonably withheld. All other modifications to this Order may only be made by mutual
agreement of the Parties, pursuant to a written amendment signed by each Party.
Termination
57. This Order shall remain in effect until a written notice of termination is issued by an
authorized representative of the EPA.
In the Matter of Iowa City, Iowa
Orderfor Compliance on Consent
CWA-07-2020-0103
Page 10 of 11
For the Complainant, U.S. Environmental Protection Agency:
Issued this 30th day of March 2020.
DAVID Cigftally OZAD s!We by DAVID
COZAD 15 56-M
David Cozad
Director
Enforcement and Compliance Assurance Division
SHANE DIgIlaned by
SHANIE Mly 9CCOIN
MCCOIN5139-05'WO
Shane E. C. McCoin
Assistant Regional Counsel
Office of Regional Counsel
In the Matter of lmva City, Iwo
Orderfor Compliance on Consent
CWA-07-2010-0103
Page 11 of 11
For the Respondent, City of Iowa City:
03/24/2020
Si a ure Date
Bruce Teague
Name
Certificate of Service
I certify that on the date noted below I delivered the original and one true copy of this Findings
of Violation and Administrative Order for Compliance on Consent to the Regional Hearing
Clerk, U.S. Environmental Protection Agency, 11201 Renner Boulevard, Lenexa, Kansas 66214.
1 further certify that on the date noted below I sent a copy of the foregoing Order for Compliance
on Consent by electronic mail, return receipt requested, to:
Bruce-teague@iowa-city.org
The Honorable Bruce Teague
Mayor, Iowa City
401 East Washington St.
Iowa City, Iowa 52240
and via electronic mail to:
deborah.quade@dnr.iowa.gov
Deborah Quade, Supervisor
Field Office #6
Iowa Department of Natural Resources
1023 W. Madison St.
Washington, Iowa 52353-1623
SHANE SHME CCOIN
3/31!20 MCCOIN Dow: 2020.03 08:2000.05'00'i
Date Signature
Item Number: 19.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
March 24, 2020
Resolution authorizing the Mayor to sign and the City Clerk to attest
the 28E agreement between the City of Iowa City, Johnson County, the City
of Coralville and the City of North Liberty for the Behavioral Health Urgent
Care Center a/k/a the GuideLink Center ("the Center").
Prepared By: Eleanor M. Dilkes, City Attorney
Reviewed By: Geoff Fruin, City Manager
Fiscal Impact: 2.5 million contribution
Recommendations: Staff: Approval
C •uu •I ►T
Attachments: Resolution
28E agreement
Executive Summary:
The cities have agreed to contribute to the capital expense of constructing the Center (2.5M from
Iowa City, 500K by Coralville, 500K by North Liberty). The agreement also addresses matters,
such as police response and reporting, that will require coordination and collaboration by area law
enforcement and the operators of the Center.
Background /Analysis:
Johnson County, the entity responsible for construction and operation of the Center, intends to
procure one or more long-term contracts with a Managing Entity to lease the portion of the Facility
where the Center will be located and to operate the Center through the coordination and facilitation
of subcontracts with qualified community mental health and SUD care providers in order to deliver
behavioral health urgent care services at the Center. Operation of the Center at the Southgate
Ave. Site is anticipated to commence in late fall of 2020, but in no event earlier than after Facility
mechanical and life/health/safety systems are commissioned and adequate policies and protocols
have been established by the contracted Managing Entity and Johnson County to provide the
behavioral health care services.
Johnson County and city law enforcement agencies will work with Center staff in order to
maximize the efficiency and effectiveness of law enforcement interaction with the Center. A
description of the understanding of the parties' expectations of the role of law enforcement
interactions with the Center is outlined in Attachment 1 to the agreement. The provisions outlined
in Attachment 1 may be modified by mutual agreement of the law enforcement entities. An
amendment to the 28E Agreement itself is not necessary
A Center Advisory Board shall be established to advise, strategize, support and advocate for
successful operations of the Center and to facilitate coordination and collaboration of efforts
between the municipal law enforcement entities and the Center. The Advisory Board will evaluate
and review security issues and law enforcement interaction with the Center at least quarterly for
the first year of operation and no less than semi-annually thereafter.
When the winter shelter is not functioning as a shelter or otherwise being used to provide or
augment the services of the Center, the cities' police and fire departments shall have access to
the winter shelter space for purposes of training and other activities with scheduling to be
determined by mutual agreement of the cities and Johnson County. The cities' use of the winter
shelter shall take priority over use by others not parties to the agreement.
Johnson County will provide an annual report to the cities concerning the operation of the Center
by March 1 of each year consisting of a report of activities for the preceding calendar year as long
as the Center remains in operation. Beginning the month after Center operations commence,
Johnson County will provide the cities with a monthly report which will aggregate de -identified
information:as specified in the agreement. In addition the annual report will include usage and trend
data, a financial report showing sources and use of funds and information on the usage of the winter
shelter.
In the event the County ceases to operate the Center or a program that offers a comparable
benefit during the 5 years after final acceptance the cities will receive 20% of their proportional
contribution for each year that remains in the 5 year period or a pro rata share of the net proceeds
if the County sells the property. If the County sells the property between 5 and 10 years the cities
will receive a prorata share of the net proceeds.
ATTACHMENTS:
Description
Resolution
28E Agreement
A
Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5156
RESOLUTION NO. 20-84
Resolution authorizing the Mayor to sign and the City Clerk
to attest the 28E agreement between the City of Iowa City,
Johnson County, the City of Coralville and the City of North
Liberty for the Behavioral Health Urgent Care Center
Whereas, the City of Iowa City, the City of Coralville and the City of North Liberty ("the cities")
and Johnson County ("the County") are public agencies as defined by Section 28E.2 of the
Code of Iowa (2015); and
Whereas, Johnson County is seeking to establish a behavioral health urgent care center, the
Guidel-ink Center, which will also function as an access center as described by Iowa Code §
331.397 hereinafter referred to as (the "Center"), through which integrated mental health crisis
stabilization services, evaluation and treatment of mental illness "MI" and substance use
disorders "SUD", may be delivered to individuals coming into contact with Iowa City, Coralville
and North Liberty law enforcement personnel and/or frequently utilizing assistance from
emergency medical services, "EMS"; and
Whereas, Johnson County and the cities have recognized the need for a low barrier winter
shelter (the "winter shelter") to provide emergency shelter temporarily for persons experiencing
homelessness during the coldest months of the year;
Whereas, Johnson County has acquired real property in the 260-346 block of Southgate
Avenue in Iowa City, IA (the "Southgate Ave. Site"), has completed the design process and
following a public bidding process has selected Merit Construction as the lowest responsive
responsible bidder and has entered into a contract with Merit Construction for construction of
the facility where the Center and the winter shelter space will be located (the "Facility"); and
Whereas, Iowa City, Coralville, North Liberty and Johnson County have discussed the functions
and services of the Center that will provide benefits for the residents of Johnson County and
surrounding areas, including Iowa City, Coralville and North Liberty as well as the costs
associated with acquiring the site and constructing a Facility in which to operate the Center and
the winter shelter: and
Whereas, in consideration of the undertaking by Johnson County to construct and operate a
facility suitable for providing such public services, Iowa City, Coralville, and North Liberty will
contribute funds for the construction costs of the Facility; and
Resolution No. 20-84
Page 2
Whereas, because use of the Center will require coordination and collaboration of efforts by
area law enforcement and the operation of the Center, a Center Advisory Board will be created
to share information, facilitate coordination and address issues or concerns; and,
Whereas, it is necessary for Iowa City, Coralville, North Liberty and Johnson County to enter
into an agreement pursuant to Chapter 28E of the Code of Iowa (2019) to outline the
responsibilities of each party.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
1. The attached 28E Agreement for the Behavioral Health Urgent Care Center is
hereby approved and the Mayor is hereby authorized to execute and the City Clerk
to attest to the attached 28E Agreement.
2. The City Clerk is directed to return the signed agreement to Johnson County for filing
with the Secretary of the State of Iowa, as required by Iowa Code Chapter 28E.
Passed and approved this 24th day of march 20 20
Ib R
rovey
�- °
ATTEST: AL u 1 -f %7 -Zn 2D
CITY CLERK \ City Attorney's Office
Resolution No. 20-84
Page I
It was moved by Mims and seconded by Taylor the
Resolution be adopted, and upon roll call there were:
AYES: NAYS:
ABSENT:
Bergus
Mims
Salih
Taylor
Teague
Thomas
Weiner
Iowa Secretary of State
321 East 12th Street
Des Moines, IA 50319
sos.iowa.gov
Full Legal Name
Johnson County
City of Iowa City
Pao;, City of Coralville
- City of North Liberty
ki1II0Wilii
28E Agreement
Organization Type County
County
Johnson
City
Johnson
City
Johnson
city
Johnson
FILED
Filing Date: 07/1712020 03:37 PM
Filing Number: M512825
To document contributions to be made by the cities to Johnson County's construction of a facility in which to operate the Behavioral Health Urgent
Care Center and winter shelter, and set forth the scope of the parties' respective roles.
Indefinite
Duraticn
28E -Ag reeme nt-Beh avioral-Hea Ith-U rgent-Care-Ce nter. pdf
%Pload ., w
Contact Person: (Optional)
Mike
Contact F¢st mance
Hensch
,nuci i ss: Name
Executive Director
Inc nne
Johnson County Board of Supervisors
Department
mhensch@co.johnson.ia.us
Em&il Adaress 1
Prepared by Susan Nehring, Johnson County Attorney
BEHAVIORAL HEALTH URGENT CARE CENTER
28E AGREEMENT
THIS AGREEMENT entered into by and between the City of Iowa City, 410 East Washington
Street, Iowa City, Iowa, hereinafter referred to as "Iowa City", the City of Coralville, 1512 711
Street, Coralville, IA 52241, hereinafter referred to as "Coralville", the City of North Liberty, 3
Quail Creek Circle, North Liberty, IA 52317, hereinafter referred to as "North Liberty",
(collectively referred to as "the cities") and Johnson County, Iowa, 913 S. Dubuque Street,
Iowa City, Iowa, hereinafter referred to as "Johnson County".
WHEREAS, Johnson Comity is seeking to establish a behavioral health urgent care center, the
GuideLin k Center, which will also function as an access center as described by Iowa Code §
331.397 hereinafter referred to as (the "Center"), through which integrated mental health crisis
stabilization services, evaluation and treatment of mental illness "MI" and substance use
disorders "SUD", may be delivered to individuals corning into contact with Iowa City,
Coralville and North Liberty law enforcement personnel and/or frequently utilizing assistance
from emergency medical services, "EMS'; and
WHEREAS, Johnson County and the cities have recognized the need for a low barrier winter
shelter (the "winter shelter") to provide emergency shelter temporarily for persons experiencing
homelessness during the coldest months of the year;
WHEREAS, Johnson County has acquired real property in the 260-346 block of Southgate
Avenue in Iowa City, IA (the "Southgate Ave. Site"), has completed the design process and
following a public bidding process has selected Merit Construction as the lowest responsive
responsible bidder and has entered into a contract with Merit Construction for construction of
the facility where the Center and the winter shelter space will be located (the "Facility"); and
WHEREAS, Iowa City, Coralville, North Liberty and Johnson County have discussed the
functions and services of the Center that will provide benefits for the residents of Johnson
County and surrounding areas, including Iowa City, Coralville and North Liberty as well as the
costs associated with acquiring the site and constructing a Facility in which to operate the
Center and the winter shelter; and
WHEREAS, in consideration of the undertaking by Johnson County to construct and operate a
facility suitable for providing such public services, Iowa City, Coralville, and North Liberty
will contribute funds for the construction costs of the Facility; and
WHEREAS, because use of the Center will require coordination and collaboration of efforts by
area law enforcement and the operation of the Center, a Center Advisory Board will be created
to share information, facilitate coordination and address issues or concerns; and,
WHEREAS, it is necessary for Iowa City, Coralville, North Liberty and Johnson County to
enter into an agreement pursuant to Chapter 28E of the Code of Iowa (2019) to outline the
responsibilities of each party.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND
CONDITIONS CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS:
1. PURPOSE. The purpose of this Agreement is to document the contributions to be made by
the cities to Johnson County's construction of a Facility in which to operate the above-
described Center and winter shelter, and to set forth the scope of the parties' respective roles
regarding ongoing use, operation and maintenance of the Center. This Agreement is made
between the parties under the authority of Chapter 28E of the Code of Iowa (2019) and
implements the terms, conditions, and intentions of the parties as they pertain to said Facility.
IJ. JOINT EXERCISE OF POWERS. The parties agree the purpose of this Agreement is to
jointly exercise their respective powers under Chapter 28E of the Code of Iowa (2019), to
finance, develop, construct, operate and/or manage a public improvement, to wit: a suitable care
and service facility providing crisis stabilization and related triage, treatment referral and short-
tenn shelter services to individuals experiencing SUD and MI who come into contact with area
law enforcement personnel and/or are referred and transported by EMS personnel.
I11. DURATION. The duration of this Agreement shall be perpetual unless terminated in the
manner provided below.
IV. ADMINISTRATION. The parties agree that Johnson County is the lead agency for
constructing the Facility, by and through its Board of Supervisors ("Board"), who shall be
designated as the Administrator for the purposes of this Agreement as provided in Section
28E.6 of the Code of Iowa (2019). The Board, or its designee(s), shall administer the contract
for the design and construction of the Facility and shall administer, or contract with one or more
qualified service providers for, the general management and operation of the Center after
completion of construction. Upon execution of the Agreement by all parties the Board will
promptly file it with the Iowa Secretary of State as provided in Section 28E.8 of the Iowa Code.
V. LOCATION. Johnson County and cities agree that the Facility shall be constructed on the
Southgate Ave. Site and that Johnson County shall be the owner of the building where the
Center and winter shelter will be located. Residents of Iowa City, Coralville and North Liberty
will be provided services through the Center on a non-exclusive basis, to the extent space and
related resources are available.
4
VI. DEVELOPMENT AND CONSTRUCTION OF THE FACILITY.
Johnson County has procured contracts for the design and construction of the Facility. Johnson
County has selected Merit Construction as the lowest responsive responsible bidder following a
public bidding process and has entered into a contract with Merit Construction based on a total
bid of $6,424,700 for construction of the Facility.
VII. FINANCING CONSTRUCTION AND STARTUP; TIMING OF PAYMENTS,
Johnson Comity anticipates financing the construction of the Facility by combining (ands from
Johnson County, Iowa City, Coralville, North Liberty and other governmental units within or
serving Johnson County, and various other sources not specified in this Agreement.
B. All costs and expenses reasonably incurred by Johnson County in connection with the
construction of the Facility, including labor and materials, and reasonable provisions for
contingencies, but excluding the acquisition costs for the Southgate Ave. Site, and design and
technical services have been estimated in the architect's estimate of the total cost of
construction at $6,901,000.00.
C. While Johnson County shall have sole responsibility for all costs to complete construction of
the Facility, the cities each agree to assist with the total costs of this project as follows: Iowa
City will contribute the sum of $2,500,000.00, Coralville will contribute the sum of
$500,000.00, and North Liberty will contribute the sum of $500,000.00 to be applied by
Johnson County against the costs to construct the Facility.
D. Each city's contribution shall be paid as follows: Johnson County shall bill each city a
portion of the amounts approved by their respective City Councils in four (4) installments,
based on pro rata completion of the Facility. The first installment will be billed when the
Facility is 25% complete; the second at 50% completion, the 3rd at 75% completion and the
final installment upon final acceptance of the Facility by Johnson County. Payment will be due
within 30 days of billing.
VIII. MANAGEMENT AND OPERATION OF THE CENTER.
A. As between the cities and Johnson County, Johnson County shall have the responsibility and
authority to provide for operation of the Center and maintenance of the Facility, including, but
not limited to, providing for management of the operations of the Center and maintenance of
the building, the grounds, and equipment of the Facility, and shall have the responsibility to
provide general supervision and security for the Center.
B. To fulfill these responsibilities, Johnson County intends to procure one or more long-term
contracts with a Managing Entity to lease the portion of the Facility where the Center will be
located and to operate the Center through the coordination and facilitation of subcontracts with
qualified community mental health and SUE) care providers in order to deliver behavioral
health urgent care services at the Center. Operation of the Center at the Southgate Ave. Site is
anticipated to commence in late fall of 2020, but in no event earlier than after Facility
mechanical and life/health/safety systems are commissioned and adequate policies and
protocols have been established by the contracted Managing Entity and Johnson County to
provide the above described behavioral health care services.
C. Notwithstanding the foregoing, the parties acknowledge Johnson County has the discretion
to modify, cease or enlarge programming and services offered through the Center. Johnson
County's discretion includes ending services at the Center altogether if the costs associated with
the operation of a component of the Center or the overall Center program unsustainably exceeds
fees and reimbursements received from patients, insurance and/or other third -party payors plus
any supplemental operational funding that is received from donors/grantors, the Mental Health
Disability Services East Central Region ("MHDS-ECR"), or otherwise available and
appropriated by Johnson County and any other partner governmental entities.
D. As between the cities and Johnson County, it shall be the responsibility of Johnson County
to pay for costs that exceed revenues associated with the operation of the Center and
maintenance of the Facility.
E. Johnson County and city law enforcement agencies will work in good faith with Center staff
in order to maximize the efficiency and effectiveness of law enforcement interaction with the
Center. A description of the understanding of the parties' expectations of the role of law
enforcement interactions with the Center is outlined in Attachment 1, which is incorporated by
reference.
F. When the winter shelter is not functioning as a shelter or otherwise being used to provide or
augment the services of the Center, as determined by Johnson County, the cities' police and fire
departments shall have access to the winter shelter space for purposes of training and other
activities with scheduling to be determined by mutual agreement of the cities and Johnson
County. The cities' use of the winter shelter shall take priority over use by others not parties
hereto.
IX. REIMBURSEMENT IN THE EVENT OF TERMINATION OF CENTER OPERATIONS
A. In the event Johnson County ceases to operate the Center or a program in the Facility that
offers a comparable benefit at any time within five (5) years of the final acceptance of the
Facility construction, (a "Shutdown Event,") Johnson County shall reimburse each city 20% of
that city's total contribution multiplied by the number of years (or fractional portion of years)
remaining in the five (5) year period after final acceptance of the Facility, so long as the
Shutdown Event takes place prior to the 5th anniversary of the final acceptance of the Facility.
A determination that a different operation offers a comparable benefit must be made by mutual
agreement of the cities and Johnson County. Payment of the refund shall be made in aminal
installments with each installment being equal to 20% of each city's total contribution. The
first payment shall be due within one hundred eighty (180) days of the Shutdown Event, and
annually thereafter, until the full refund amount as determined above has been refunded, unless
the County lists the property for sale within 90 days of the Shutdown Event. In the event the
County lists the property within ninety (90) days, the provisions set forth in Section IX.B shall
apply.
B. If within ninety (90) days after a Shutdown Event, Johnson County lists for sale with a
realtor the Facility and the real property on which the Facility is situated, and if the sale of said
property closes within one (1) year of the property being listed for sale, Johnson County will
not be required to make the reimbursement set forth in paragraph A above. Rather, in that event
and in lieu of such reimbursement to the cities, Johnson County will pay to each city a pro rata
share of the net sale proceeds (after any applicable commissions, allowances and other closing
costs for which the seller is obligated to pay are deducted). Each city's pro rata share will be
calculated by dividing the city's total financial contribution to the cost of constructing the
Facility by the combined total sum of the actual cost of construction (as defined in Section
VILB above), plus the real estate purchase price, closing costs, demolition, engineering,
earthwork, technical services and other expenses paid by Johnson County to obtain the
Southgate Ave. Site and to complete the Facility. Additional expected expenses (actual and
estimated) not otherwise included in the actual construction costs for purposes of calculation of
the pro rata share, are set forth in Attachment 2 and incorporated by reference.
C. In the event the property is listed for sale within ninety (90) days of the Shutdown Event, but
the sale of the property does not close within one (1) year of the property being listed for sale,
Johnson County will begin to make reimbursement payments pursuant to Section IX.A above
with the first installment of the reimbursement due one (1) year after the property is listed for
sale, with subsequent payments to be made on annual basis thereafter until reimbursement is
completed or the Facility is sold. If the Facility is listed for sale with a realtor and closes more
than one year after the property is listed for sale, each city will be refunded a pro rata share of
the proceeds of the sale as described above less any reimbursement amounts paid pursuant to
Section IX.A of this agreement.
D. If a Shutdown Event happens more than five years, but less than ten years after final
acceptance of Facility and Johnson County sells the entire Facility, the County will pay to each
city a pro rata share of the net sale proceeds calculated in the manner described in Section IX.B
less any reimbursement previously paid.
X. ADVISORY BOARD
A. A Center Advisory Board shall be established to advise, strategize, support and advocate for
successful operations of the Center and to facilitate coordination and collaboration of efforts
between the municipal law enforcement entities and the Center. The Advisory Board shall
include a representative from law enforcement from each of the cities and the Johnson County
Sheriffs Office, representatives from the Managing Entity of the Center, representatives from
the participating Service Providers providing staffing at the Center, a designated representative
from each patty to this agreement and other representatives designated by Johnson County and
the Managing Entity.
B. In order to facilitate coordination and collaboration with law enforcement, the Advisory
Board will evaluate and review security issues and law enforcement interaction with the Center
at least quarterly for the first year of operation and no less than semi-annually thereafter. A
review of law enforcement interaction with the Center will include a presentation and
discussion of the following information compiled from the preceding quarter: 1) the number of
persons brought to the Center for services by law enforcement ("drop-offs"); 2) a review of law
enforcement wait times for drop-offs; 3) the number of times a law enforcement entity is called
back to the Center within an hour of drop-off and; 4) the number of routine and emergency
responses to the Center by each law enforcement agency and 5) any other additional
information provided by law enforcement. The reported information will be used to facilitate
improvement of efficiency and effectiveness of law enforcement interactions with the Center
and to evaluate the necessity of allocating additional resources in order to address security and
safety concerns at the Center.
C. Center policies and procedures relating to management of security issues and calls for
assistance from law enforcement will be reviewed and evaluated by the Advisory Board prior to
the Center opening and annually thereafter, or at the request of a law enforcement entity
representing a party to this agreement.
XI. REPORTS
Johnson County will provide an annual report to the cities concerning the operation of the
Center by March 1 of each year consisting of a report of activities for the preceding calendar
year as long as the Center remains in operation. Beginning the month after Center operations
commence, Johnson County shall provide the cities with a monthly report which shall include
the following aggregate de -identified information:
1) Number of Visits
2) Walk in visits
3) Law enforcement drop offs by city
4) Number of visits to each service
5) Number of visitors returning within 72 hours of previous discharge
6) Number of unduplicated visitors (for that month)
7) Number of discharges
8) Officer wait time (minutes) for each law enforcement drop-off
9) Number of routine and emergency dispatches to the Center (excluding drop-offs) designated
by law enforcement entity.
10) Number of times law enforcement is called back to the Center within one hour of drop-off
C
In addition to the above infonnation, the annual report will include usage and trend data, a
financial report showing sources and use of funds and infonnation on the usage of the winter
shelter.
XII. TERMINATION. No party may terminate this Agreement prior to ten (10) years after final
acceptance of the Facility construction unless a Shutdown Event occurs within the five (5) year
period set forth in Section IX.A, or if Johnson County sells the Facility between five (5) years
and ten (10) years after final acceptance of the Facility construction. If a Shutdown Event does
occur within five (5) years of final acceptance of the Facility construction, this agreement will
tenninate upon the full payment of the refund amount to the cities as determined by Section
IX.A and/or B of this agreement. If Johnson County sells the Facility between five (5) years
and ten (10) years after final acceptance of the Facility construction, this agreement will
terminate upon Johnson County's reimbursement to the cities pursuant to Section IX.D. If this
agreement is still in effect ten (10) years after final acceptance of the Facility, thereafter any
party may terminate the Agreement by providing ninety (90) days written notice to the other
parties.
X1IL DISPUTE RESOLUTION
The parties acknowledge their mutual desire for Johnson County to construct the Facility and
establish the Center. The parties therefore agree to work diligently and negotiate in good faith
to reach any agreements necessary to secure these objectives. Matters in dispute or subject to
interpretation shall be first submitted to the parties for resolution prior to either party pursuing
administrative or judicial remedies. In the event such matters must be submitted to the parties,
they shall be submitted specifically to the City Manager or City Administrator of each city, as
representative for the City, and to the Executive Director of the Board of Supervisors' office, as
representative for the County, who will both make a good faith effort to resolve the dispute.
In the event that such efforts do not result in a resolution and a party determines the other party
has defaulted in the performance of its material obligations hereunder, the aggrieved party may
declare that default has occurred and give notice of such to the defaulting party as listed in
Section XV below. Said Notice of Default shall be given in writing and outline the default with
particularity, and describe what action is required of the defaulting party to correct the default
within thirty (30) days. If at the end of said thirty (30) day period, the default has not, in the
opinion of the aggrieved party, been corrected, that party may pursue its remedies as provided
herein, however, that if the default is of such a nature that it cannot be remedied within said
thirty day period, the defaulting party shall not be in material breach of this Agreement so long
as the defaulting party has made good faith efforts to remedy the default during said thirty day
period and remedies the default as soon as practicable.
XIV. REMEDIES UNDER DEFAULT
In the event of default by a party, the aggrieved party may, at its option, after declaring default
and giving notice thereof and a chance to remedy the default as described in Section XII]
above, pursue any and all legally available remedies, including an action for specific
performance.
XV. NOTICES
Notice by any party on another party is effective upon mailing by ordinary mail addressed to:
City Clerk, City of Iowa City, 410 East Washington Street, Iowa City, IA 52240
Administrative Assistant, Johnson County Board of Supervisors, 913 S. Dubuque St., Iowa City
IA 52240
City Clerk, City of Coralville, 1512 7th Street, Coralville, IA 52241
City Clerk, City of North Liberty, 3 Quail Creek Circle, North Liberty, IA 52317
XVI. MODIFICATIONS TO THE AGREEMENT
The cities and Johnson County acknowledge that from time to time it may be to their mutual
advantage to modify the terns and conditions of this Agreement. In that event, both parties
agree that any mutually agreed upon modifications shall be allowable as they may become
necessary or desirable to implement the general purpose of this Agreement; provided, however,
that no waiver, change, modification or amendment of this Agreement shall be binding upon
either party unless in writing and signed by the affected party. The waiver of either party hereto
of a breach of any provision of this Agreement shall not operate or be construed as a waiver of
any subsequent breach of that provision by the same party, or of any other provision or
condition in this Agreement.
XVII. INTERPRETATION AND ENFORCEMENT. Interpretation and enforcement of the
Agreement shall be in accordance with Paragraphs XIII and XIV, above, and Chapter 28E of
the Code of Iowa (2019) and statutes respecting the rights and responsibilities of the political
subdivisions.
XVIII. SEVERABILITY. If any provision or provisions of this Agreement shall be held to be
invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining
provisions shall not in any way be affected or impaired thereby.
XIX. APPROVAL p
For reference purposes, this Agreement is dated this 1 / i%1 day of�2020.
It has been approved as required by law by the City Councils of Iowa City, Coralville and
North Liberty and the Board of Supervisors of Johnson County on the dates as indicated below.
CITY OF lowa City
EY_ Teague ATTEST:
hru , or Kellie'K.: Fruehlin
City Oerk
STATL OF IOW., JOHNSON COUNTY: ss
On this aL}4day of- ii`* 1I a rc k- , 2020, before me, the undersigned, a Notary Public in and for the
State of Iowa, personally appeared_ eTecz and ke i 1 rP +=izAe 1, (i KOC;fo me personally
known, who, being by me duly swom, did say that th y are the Mayor and City Clerk, respectively, of the City of
J1 w Ct- C Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the
corporate seal of the unieipal corporation; and that the instrument was signed and sealed on behalf of the
municipal corporation by the authority of its City Council, as contained in Resolution No. 20-84 of the
City Council on the A4+h day of PYAct r0 -L- , 2020; and that lei ReC 1�ciC and
I�itLl. I!^2 lYu�.�t i 12! acknowledged the execution of the instrument to be [heir voluntary a and deed and the
voluntary a tldide' - '6f1?iss i��� y r and by them vohmta 1 exeputed.�
> Cammission Number 806232
My -Commission Expires Notary Public in and for State of Iowa
w `f -S-
CITY OF GOR V IG. E ��,.-----�
BY: ATTEST:
*In A. ruildp-11 Mayor -fhorsteA . 'Jobnsovc City Clerk
STATE OF IOWA, JOHNSON COUNTY: ss
On this 1.2'p` day of M a, o t" , 2020, before me, the undersigned, a Notary Public in and for the
State of Iowa, personally appearedi o+ Al L-,•<<li and 5-, To h-',,7 to me personally
known, who, being by me duly swom, did say that they are the Mayor and City Clerk, respectively, of the City of
C.I- I I I r Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the
corporate seal of the municipal corporation; and that the instrument was signed and sealed on behalf of the
municipal corporation by the authority of its City Council, as contained in Resolution No.1C AO- 160 of the
City Council !. the -a� day of f"G br w�� , 2020; and that X i,,h !} . tw je 11 and
tt're.r 5. 5 z,�wBLknowledged the execution of the instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation, by it and by them voluntarily executed.
�nA�`2
Notary �lic in and for the State o o a
49L, JERI NINNEYk" Commission Number 809607
My Commission Expires
March 22, 2021
CITY OF
By: ATTEST: _
Mayor TJ QT/�y City Clerk
STATE OF IOWA, JOHNSON COUNTY: ss
On this 2 y of 2��0�2��0�, before m It undersigned, a Diary Public in and for the
Stale of Iowa, personally appeare t�'lty� K— and'' a , o me personally
known, who, being by me duly sworn, di say that they are the Mayor an ity Clerk, re. tively, of the City of
—`W',�, _ _ Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the
corporate seal of the ntcipal corporation; and that the instrument was signed and sealed on behalf of the
municipal corporation b the autho ' f its City Council, as contained in Resolution No. of the
C' CouncirIA—th day of�,Y( `L _, 2020; and thatr nd
knowledged the execution of the instrument to be ' voluntary act and deed and the
voluntat et and deed of the orporation, by it and by them voluntarily=STACEYffNOOSE Notd for the tate of Iowa
Commissioner 781083YCommE
xpms
low#- i%i,
JOHNSON COUNTY
By:ora/ aiZO-A
Rod Sullivan, Chairperson
Johnson County Board of Supervisors
STATE OF IOWA, JOHNSON COUNTY: ss
ATTEST;.- 2�f=
Travis Weipert/Designee
Johnson County Auditor
On this --l— day of D2a a 2020, before me a Notary Public in and for said County,
personally appeared Rod Sullivan —rrk4 5 yde;�_ to me personally known, who being duly sworn,
did say that they are the Chair, Board of Supervisors and County Auditor/Designee, respectively of Johnson
County, Iowa, a Political Subdivision, created and existing under the laws of the State of Iowa, and that said
instrument was signed and sealed on behalf of said Political Subdivision by authority and resolution of its Board of
Supervisors, and said Rod Sullivan andT r, 's Wim` acknowledged said instrument to be the free act
and deed of said Municipal Corporation by it voluntaril executed.
Notary Public in and for the State of Iowa
MICHAEL H. HENSCH
COMMISSION NUMBER 704787
MY COMMISSION EXPIRES
/Ow;" August 23, 2021
10
ATTACHMENT 1
EXPECTATIONS RE: ROLE OF LAW ENFORCEMENT
INTERACTION WITH CENTER and WINTER SHELTER
The following statements reflect the understanding of Johnson County and the cities regarding
the role of their respective law enforcement entities in regard to law enforcement interaction
with the Center and the Facility. The provisions outlined below may be modified from time to
time by mutual agreement of the law enforcement entities. Periodic evaluation and review of
security issues and the role of law enforcement interactions will be conducted through the
Advisory Board as described in Section X of the 28E Agreement. Nothing in this attachment
should be interpreted as prohibiting the respective law enforcement entitles for the parties from
mutually agreeing to reallocate law enforcement responsibilities as warranted by resource
availability and/or public safety considerations.
1. Law enforcement officers dropping off persons to receive services at the Center will
remain at the Center until the triage process has been completed and Center staff have
provided clearance for officers to leave the Center.
2. The Managing Entity for the Center will develop Center policies that emphasize the
importance of minimizing officer time related to drop-off while maintaining appropriate
standards for triage and admission.
3. If a patient who has completed the triage process and has been admitted to the Center
experiences a deterioration of their medical condition that requires more intensive
medical care than can be provided at the Center, Center staff will make arrangements
for appropriate medical transportation which may require emergency law enforcement
assistance.
4. If a patient refuses to cooperate with services after law enforcement has received
clearance to leave the Center, and Center staff determines that the patient poses a danger
to themselves or others if the patient was to leave the Center, the law enforcement entity
that brought that person to the Center may be called back within one hour of clearance
in order to re-establish custody of that person.
5. If a patient who has completed triage and has been admitted to the Center leaves the
Center without being discharged under circumstances that present an imminent danger
to the patient or others as determined by Center staff, Center staff will call for
emergency law enforcement assistance.
6. Other than as stated in paragraph 4 and 5 above, law enforcement will not be
responsible for transportation of persons who are admitted to the Center for treatment
and are later discharged from the Center after having received behavioral health
services.
7. The Managing Entity for the Center will develop policies and protocols for Center staff
dealing with security and safety issues at the Center. These policies will be shared with
law enforcement through the Advisory Board prior to the commencement of operations
at the Center.
8. Emergency calls for assistance and routine service calls to the Center and the winter
shelter will be dispatched through the Joint Emergency Communications Center to the
Iowa City Police Department.
9. Criminal charges regarding events that take place upon the premises of the Center that
require follow-up investigation beyond the involvement of the officer who originally
took the complaint, will be referred to the Johnson County Sheriff's Office for
investigation.
12
ATTACHMENT 2
Real estate purchase price and other expenses necessary to complete
Facility not otherwise included in construction contract.
*Property Land Price $1,357,920
*Closing Costs $975
Other building and site prep expenses not included in construction contract
Fiber optic install and network
$130,600
Engineering and civil design services
$120,000
*Site testing (Geotech and Geothermal)
$14,025
*Demo of existing building
$35,606
*Asbestos test and abatement
$6,455
*Tree removal and debris clean up
$5,595
FF&E design services
$20,000
Commissioning services (LEER)
$50,050
*LEER energy modeling
$15,400
*LEER certification fee
$3,700
A/E w/LEED documentation and landscape design
$580,000
*A/E services prior to contract (hourly rate)
$21,395
*Printing and shop drawing costs
$17,032
Contingency
$76,550
TOTAL
$1,358,395
$1,096,408
$2,454,803
(*) Reflects expenditure already paid
Items without (*) are estimated costs for expenses partially paid or yet to be incurred not
otherwise incorporated in the construction contract.
13