Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2021-06-15 Resolution
Item Number: 6.c. I 4:4 .6p.mggiv-iilia--N CITY OF IOWA CITY www.icgov.org June 15, 2021 1. Resolution to issue Cigarette Permits (see attached) ATTACHMENTS: Description Cigarette Resolution Prepared by: City Clerk's Office, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 Resolution Number: 21-158 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: see attached Passed and approved this 15th day of Attest: June or pprov ity Clerk City Attorney's Office ,2021 It was moved by Salih and seconded by Taylor the Resolution be adopted, and upon roll call there were: Ayes: x x X x x x X Nays: Absent: Bergus Mims Salih Taylor Teague Thomas Weiner Business Name ALMOST PARADISE VAPE SHOP AL-SALAM INTERNATIONAL FOODS BLACK & GOLD VAPORS CASEY'S GENERAL STORE #2761 CASEY'S GENERAL STORE #2781 CASEY'S GENERAL STORE #3322 CASEY'S GENERAL STORE #3858 CHATHAM OAKS RESIDENTIAL CARE FACILITY CITY LIQUOR DEADWOOD DELI MART#1 DELI MART#2 DELI MART #3 DELI MART #5 DOLLAR GENERAL STORE #8137 EL PASO THE MEXICAN STORE FAREWAY STORES #034 FAREWAY STORES #950 GM Mart GOPUFF HARTIG DRUG #10 HAWKEYE LIQUOR & TOBACCO HAWKEYE SMOKE AND LIQUOR HY-VEE DRUGSTORE HY-VEE FOOD STORE #1 HY-VEE FOOD STORE #2 HY-VEE FOOD STORE #3 HY-VEE GAS #1 HY-VEE GAS #3 IOWA CITY BP IOWA CITY FAST BREAK J & S EXPRESS JOE'S PLACE JOHN'S GROCERY INC KIRKWOOD LIQUOR & TOBACCO KUM & GO #3502 KUM & GO #422 KUM & GO #504 KUM & GO #51 KUM & GO #52 KUM & GO #53 L & M MIGHTY SHOP INC LIQUOR DOWNTOWN NORTH DODGE EXPRESS NORTH DODGE SINCLAIR RJ'Z EXPRESS Address 355 S. LINN ST. 787 MORMON TREK BLVD. 440 KIRKWOOD AVE. 204 N DUBUQUE STREET 1410 WILLOW CREEK DRIVE 1904 BROADWAY ST 370 SCOTT CT 4515 MELROSE AVE. 425 S. Gilbert St. 6 5 DUBUQUE ST 525HWY1W 1920 LOWER MUSCATINE ROAD 2410 MORMON TREK BLVD 206 E BENTON STREET 41 HIGHWAY 1 WEST 610 HOLLYWOOD BLVD 2765 COMMERCE DRIVE 2530 WESTWINDS DRIVE 2601 Highway 6 E. 1907 Stevens Dr. 701 MORMON TREK BLVD 601 HOLLYWOOD BLVD 108 E. College St. 310 N FIRST AVE 1720 WATERFRONT DR 812 S 1ST AVENUE 1201 N DODGE ST 260 STEVENS DRIVE 1125 NORTH DODGE ST. 2875 Commerce Dr. 2580 NAPLES AVENUE 2221 ROCHESTER AVE. 116 IOWA AVENUE 401 E MARKET ST 300 KIRKWOOD AVE. 2303 MUSCATINE 731 S RIVERSIDE DR 1310 GILBERT ST. 323 E BURLINGTON STREET 25 W BURLINGTON STREET 955 MORMON TREK BLVD 504 E BURLINGTON ST 315 S. GILBERT ST. 2790 N DODGE STREET 2153 ACT CIRCLE 2 ESCORT LANE SMOKIN' JOE'S #18 SOUTHSIDE LIQUOR & TOBACCO THE CLUB CAR THE KONNEXION TOBACCO OUTLET PLUS #537 UISIC URBAN FUEL EXPRESS WALGREENS #5077 WALMART #1721 1902 BROADWAY SUITE 1 1921 Keokuk St. 122 WRIGHT ST 106 S LINN STREET 923 S RIVERSIDE DRIVE 208 N. Linn St. 2580 MOSS RIDGE RD. 2214 MUSCATINE AVENUE 919 HIGHWAY 1 WEST Item Number: 7.a. , CITY OF IOWA CITY ,!47 COUNCIL ACTION REPORT June 15, 2021 Resolution rescinding the 2019 Personnel Policies and adopting updated Personnel Policies. Prepared By: Karen Jennings, Human Resources Administrator Reviewed By: Geoff Fruin, City Manager Fiscal Impact: No impact Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Personnel Policies Executive Summary: The City's Personnel Policies have recently been reviewed and updated. The revised Personnel Policies are now being presented for adoption by the City Council. Background /Analysis: The City's Personnel Policies have recently been subjected to a comprehensive review and update process. Draft policy revisions have been shared with Department Directors, the City Attorney's Office, the City Manager's Office and the City's Police, Fire and AFSCME unions for review and comment. Select revisions based on comments that were received were made by the the City Manager's Office prior to compilation of this final draft. However, not all comments received resulted in revisions. The revised Personnel Policies include the following key changes: • Added respect as a work environment expectation • Added clarification that conduct expectations apply to prospective employees as well as current employees • Criminal Convictions provision of Employee Relations and Conduct Section amended to include criminal conduct language • Added policy language addressing personal use of social media • Added failure to report a workplace accident as a cause for discipline • Appearance and grooming standards provision amended to address maintenance of employee workspaces • Employment of Relatives language amended to clarify application to spouses of identified familial relationships • Language added to clarify policy regarding use of vacation immediately preceding resignation or retirement Staff recommends that City Council approve the Resolution rescinding the Personnel Policies established by Resolution No. 19-303 and adopting the Personnel Policies as updated in June 2021. ATTACHMENTS: Description Resolution Personnel Policies Prepared by: Karen Jennings, Human Resources Administrator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5025 Resolution no. 21-159 Resolution rescinding the 2019 Personnel Policies and adopting updated Personnel Policies. Whereas, Section 1-6-1 of the City Code provides that personnel procedures, rules, and regulations for the employees of the City shall be established by resolution of the City Council; and Whereas, Resolution No. 19-303, adopted by the City Council on December 17, 2019 established the existing Personnel Policies; and Whereas, the Personnel Policies have been reviewed by staff and updated to reflect best practices and to better communicate organizational expectations. Now therefore be it resolved by the City Council of the City of Iowa City, Iowa that: 1. The 2019 Personnel Policies established by Resolution No. 19-303 are hereby rescinded. 2. The Personnel Policies attached to this resolution and by this reference made part hereof are hereby established and adopted. Passed and approved this 15th day of June 20 21 • Attest: jrrayOr Approved b City A orney's Office — 06/08/2021 It was moved by Salih and seconded by Taylor the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: Bergus Mims Salih Taylor Teague Thomas Weiner Cityof Iowa City 1 rI AtiTitf-'40,iti*,,, ...-skr„,,,,..,4:17 CITY OF IOWA CITY UNESCO CITY OF LITERATURE Personnel Policies Revised: June 2021 Approved by Resolution of City Council: Resolution No. on This policy manual is not intended to create any contractual rights in favor of you or the City of Iowa City. The City reserves the right, at any time, to amend, delete, revise, or add to any provision in its sole discretion. Personnel Policies Rev. June 2021 TABLE OF CONTENTS Section 1 Introduction 1 Section 2 Administration 1 Section 3 Equal Employment Opportunity 1 Section 4 Labor Relations 2 Section 5 Civil Service Coverage 2 5.1 Rights and Benefits 5.2 Appeal Rights Section 6 Harassment and Discrimination 3 6.1 Harassment 6.2 Sexual Harassment 6.3 Discrimination 6.4 Complaint Procedure 6.5 Confidentiality 6.6 Retaliation 6.7 Consequences of Harassment 6.8 Duty to Prevent and Report Section 7 Workplace Violence Prevention 5 7.1 Policy 7.2 Definition 7.3 Employee Responsibilities 7.4 Investigation and Follow -Up 7.5 Confidentiality and Retaliation 7.6 Post -incident Responses 7.7 Violent Situations Outside the Workplace 7.8 Workplace Security Suggestions and Recommendations Section 8 Employee Relations and Conduct 7 8.1 Employee Conduct and Ethical Standards of Behavior a. Impartiality b. Use of Information c. Use of City Resources d. Gifts e. Employment Conflicts f. Political Activity 8.2 Discipline 8.3 Weapons 8.4 Appearance -Grooming 8.5 Scented products 8.6 Personal Activities 8.7 Supplemental Employment 8.8 Religious Holidays 8.9 Education 8.10 Medication/Work Restriction Notification 8.11 Breastfeeding Breaks 8.12 Criminal Convictions and/or Conduct 8.13 Personal Use of Social Media Personnel Policies Rev. June 2021 Section 9 Whistleblower Policy & State Ombudsman's Office 15 9.1 Definition of Improper Governmental Action 9.2 Complaint Procedure 9.3 Retaliation Prohibited 9.4 State Ombudsman's Office Section 10 Employee Assistance Program 16 Section 11 Substance Abuse Policy 17 11.1 Policy 11.2 Purpose 11.3 Applicability 11.4 Prohibited Substances/Behaviors a. Illegally Used Controlled Substances or Drugs b. Misuse/Abuse of Legal Drugs c. Alcohol 11.5 Prohibited Conduct a. Manufacture, Trafficking, Possession, and Use b. Alcohol Use c. Treatment d. Notifying the City of Criminal Drug Conviction 11.6 Proper Application of the Policy 11.7 Testing Procedures a. Pre -Employment Drug Testing b. Unfit for Duty/Impaired c. Reasonable Suspicion Testing d. Post -Accident Testing e. Refuse to Test 11.8 Consequences for Policy Violations a. Positive Test Results b. Second Positive Test Results c. Refusal Consequences d. Follow -Up e. Invalid Drug Tests f. Violations Section 12 License, Certification, and Insurability Requirements 22 12.1 Maintaining a Valid License 12.2 CDL Notification Requirements 12.3 Insurability Section 13 Personnel Transactions 23 13.1 Personnel Files 13.2. Medical Files 13.3 Public Information 13.4 Job Description 13.5 Position Classification 13.6 Fair Labor Standards Act (FLSA) Classification 13.7 Employment of Relatives a. Management Conflict b. Chain of Command Conflict 13.8 Termination of Employment a. Resignation b. Retirement Personnel Policies Rev. June 2021 c. Benefits Termination d. Exit Interviews Section 14 Safety 27 Personnel Policies Rev. June 2021 Section 1: Introduction The purpose of this document is to set forth the policies by which personnel -related decisions, made by either supervisor or employee, are to be guided and to express mutual expectations for conduct in the workplace. The City's ability to manage and provide public services with efficiency and effectiveness is dependent upon the capability and performance of its employees. The City strives to provide a positive working environment which promotes and supports respect, diversity and inclusivity, professional development, open communication, and sensitivity to employee needs. Section 2: Administration These policies generally cover all City employees and prospective employees. However, not all provisions may apply to variable hour and seasonal staff. Iowa City Public Library employees are subject to Personnel Policies as approved by the Library Board of Trustees. These policies work to ensure decisions will be made consistently and in accordance with overall City goals regarding employee relations. Questions of policy interpretation should be addressed to Human Resources. The City Manager or their designee shall be responsible for final interpretation and application of these policies. The principles expressed herein will be used as a guide regarding issues not specifically addressed in these policies. This document should be read in conjunction with negotiated labor contracts, non -bargained employment manuals, administrative regulations, and operating policies and procedures published by Human Resources and other City departments. Upon initial appointment to a budgeted position, all employees of the City shall be furnished a copy of these policies. Any substantive changes or amendments shall be posted to the City's website. Employees will be notified that updated policies are available online and hardcopies will be provided upon request. Section 3: Equal Employment Opportunity It is the policy of the City of Iowa City to prohibit discrimination and harassment of any type and to afford equal employment opportunities for all employees or applicants without regard to race, creed, color, sex, national origin, religion, age, sexual orientation, gender identity, marital status, mental or physical disability, genetic information, veteran status, or other class/category protected by federal, state, or local law, except where age, sex, or physical ability constitute a bona fide occupational qualification necessary for job performance. This extends to all areas of personnel administration including but not limited to recruitment, employment, promotion, transfer, training, working conditions, wages, benefits, and application of personnel policies, and shall be consistent with all protections afforded by applicable federal, state and local law. No personnel decision, action, term, condition or privilege of employment shall be unlawfully influenced in any manner by consideration of an individual's membership in a protected class. It is the goal of the City of Iowa City to ensure equitable and non-discriminatory treatment of all applicants and employees, to remove barriers to employment for underrepresented populations and to achieve a diverse and inclusive work force that reflects the diversity within our Personnel Policies Page 1 Rev. June 2021 community. The City of Iowa City shall also encourage or require equal employment opportunity efforts from vendors, contractors, consultants, and firms with which the City does business. The City will use recruitment and selection practices that support this policy by displaying required equal employment opportunity posters in areas visible to employees and by identifying the City as an Equal Opportunity Employer on its job advertisements, postings, self-service employment opportunities site and online application form, website, and other recruitment sources. The City will make efforts to inform individuals from historically disadvantaged populations of both employment opportunities and the City's hiring process through targeted distribution of job postings, general recruitment and hiring information and events such as job fairs. The City will also periodically review its outreach efforts and recruitment, hiring, and selection procedures, adjusting as appropriate to ensure best practices to promote diversity and reduce implicit bias are being implemented and used as appropriate and feasible. City personnel who have responsibility for selection and hiring shall be trained in and held responsible for using legal interviewing and selection techniques and criteria. Section 4: Labor Relations The City recognizes its duty to bargain collectively with employee organizations certified by the Public Employment Relations Board, as provided by state law. Pursuant to this requirement, the duties, obligations, and rights of the City and each certified employee organization are set forth in the collective bargaining agreements mutually entered into by the City and the employee organization. Please refer to the appropriate collective bargaining agreement for specific details. Section 5: Civil Service Coverage The rules and regulations as set forth in Chapter 400 of the Code of Iowa shall apply to all permanent positions within the employment of the City of Iowa City with the exception of the positions of: City Manager, Deputy City Manager, Assistant City Manager, the Directors of Finance, Public Works, Neighborhood and Development Services, Parks and Recreation, Transportation Services, and the Directors of any other city department as may be created; Police Chief*, Fire Chief*; Human Resources Administrator; City Attorney; Assistant City Attorneys; Human Rights Coordinator/Equity Director; City Clerk, Deputy City Clerk; all Division Heads;; Secretaries to the Department Directors; employees of the Library Board or Airport Commission; and any other positions specifically excluded by the Code of Iowa. *The positions of Police Chief and Fire Chief shall receive the benefits of the Iowa Civil Service Act for selection purposes and Civil Service status under Iowa Code Sections 400.13 and 400.14. 5.1 Rights and Benefits Applicants for entry level or promotional civil service positions will be tested through impartial Personnel Policies Page 2 Rev. June 2021 examinations which fairly test each applicant's ability to perform in the position. Examinations may consist of review of application materials, oral interviews, and/or written, practical, or physical agility examinations as are appropriate to the position. 5.2 Appeal Rights Following completion of probation, an employee covered by Civil Service who is removed, discharged, demoted, or suspended may appeal the disciplinary action to the Civil Service Commission, and will be entitled to a hearing before the Civil Service Commission. Appeals must be filed with the Clerk of the Commission (City Clerk) within 14 calendar days after the removal, discharge, demotion, or suspension. Section 6: Harassment and Discrimination The City of Iowa City is committed to providing a work environment in which people are treated with dignity, decency, and respect, and which is free of harassment and unlawful discrimination. 6.1 Harassment Harassment may take many forms, including behaviors that are overt or subtle. Harassment may occur between or among members of the same or opposite sex or gender identity, employees and the public, contractors or vendors, co-workers, or subordinates and supervisors. Harassing behavior of any nature can have the effect of creating a hostile or offensive work environment and is prohibited. This can include conduct occurring outside of the workplace which has an impact on the work environment For the purposes of this policy, harassment is any verbal or physical conduct that threatens, intimidates, demeans, humiliates, or coerces an employee or any person working for or on behalf of the City. Verbal taunting that impairs an individual's ability to perform their job is included in the definition of harassment. Harassment may take the form of, but is not limited to: • Comments that are offensive or unwelcome regarding a person's race, creed, color, sex, national origin, religion, age, sexual orientation, gender identity, marital status, mental or physical disability, genetic information, veteran status, or other class/category protected by federal, state, or local law, body, or appearance including epithets, slurs, and negative stereotyping. • Abusive and offensive language, insults, teasing, name-calling, spreading rumor and innuendo, unreasonable criticism, isolating people from normal work interaction, excessive demands, and practical jokes. 6.2 Sexual Harassment Sexual harassment is defined as unwelcome conduct that affects terms or conditions of employment or creates an intimidating, hostile, or offensive work environment. Such harassment is prohibited for all employees, regardless of status, including supervisors, subordinates, administrators, and co-workers. No employee, regardless of gender identity, should be subjected to such conduct. Sexual harassment may also occur between same Personnel Policies Page 3 Rev. June 2021 sex employees. Sexual harassment may take the form of, but is not limited to the following and may include more subtle actions: a. Deliberate or repeated unsolicited verbal comments, questions, representations, or physical conduct of a sexual nature that is unwelcome to the recipient. b. Making or threatening to make decisions affecting an employee's job on the basis of the acceptance or refusal of a request for sexual intimacy. c. Unwelcome sexually explicit, lewd, threatening or vulgar language, sexual jokes, innuendo, or propositions; suggestive comments; lewd gestures; requests for any type of sexual behavior (including repeated, unwelcome requests for dates); and verbal abuse or "kidding" that is oriented toward a prohibitive form of harassment, including that which is sexual in nature. d. Distribution, display or discussion or any written, electronic or graphic material, including calendars, posters, cartoons, that are sexually suggestive or show hostility toward an individual or group because of sex, suggestive or insulting sounds; leering, staring; whistling; content in letters and notes, facsimiles, e-mails, photos, text messages, Internet/social media postings; or other form of communication that is sexual in nature and offensive. e. Unwelcome, unwanted physical contact including touching, tickling, pinching, patting, brushing up against, hugging, cornering, kissing and fondling and forced sexual intercourse or assault. 6.3 Discrimination It is a violation of City policy to discriminate in the provision of employment opportunities, benefits or privileges; to create discriminatory work conditions; or to use evaluative standards that discriminate, in whole or in part, based on a person's race, creed, color, sex, national origin, religion, age, sexual orientation, gender identity, marital status, mental or physical disability, genetic information, veteran status, or other class/category protected by federal, state, or local law. Discrimination of this kind may also be prohibited by federal, state, or local laws, including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1975, and the Americans with Disabilities Act of 1990. This policy is intended to comply with these laws. 6.4 Complaint Procedure The City will thoroughly pursue and investigate complaints of harassment, discrimination, or denial of civil rights and appropriate action will be taken. Conduct which may be in violation this policy should be reported to the Human Resources Administrator, a department supervisor, or the City Attorney's office. Human Resources, the City Attorney's office, and/or other administrative staff as appropriate will investigate, including interviews of complainant, respondent, and witnesses as necessary. If an investigation determines that an employee has violated this policy, appropriate discipline will be issued. Personnel Policies Page 4 Rev. June 2021 6.5 Confidentiality Throughout the complaint process, the confidentiality of the information received, the privacy of the individuals involved, and the wishes of the complaining person will be protected to the extent possible, while allowing the City to meet its obligation to investigate such complaints. The expressed wishes of the complaining person for confidentiality will be considered in the context of the City's legal obligation to act on the complaint and the right of the respondent to obtain information. 6.6 Retaliation Retaliation against any person for filing or responding to a complaint either formally or informally, for participating in the complaint and investigation process, or for participating as a witness in an investigation is prohibited and will be considered a violation of this policy. Employees who believe they are being retaliated against in violation of this policy should follow the reporting process outlined in Section 6.4. The City will thoroughly investigate claims of retaliation. Any person who is found to have engaged in retaliation in violation of this policy will be subject to disciplinary action up to and including termination of employment. 6.7 Consequences of Harassment or Discrimination Harassment and discrimination is unacceptable conduct in any form, and can be the basis for a discrimination claim against the City and/or an individual employee. It is the City's position that every employee has the right to work in an environment free of any type of harassment or discrimination. Consequently, any employee who engages in prohibited conduct will be subject to disciplinary action, up to and including termination of employment. 6.8 Duty to Prevent and Report All employees have an affirmative duty to prevent harassment and discrimination in the workplace by supporting an environment that discourages harassment or discrimination of any kind and which promotes and supports respect, diversity and inclusivity in the workplace and community. This includes reporting any conduct that may constitute harassment, discrimination, or denial of civil rights to a department supervisor, the Human Resources Administrator or the City Attorney's Office. Supervisors are required to forward all reports to Human Resources or the City Attorney's Office to ensure appropriate follow-up and investigation. Section 7: Workplace Violence Prevention 7.1 Polic Providing a safe and healthy work environment is essential to the City of Iowa City. Violence or the threat of violence by or against any City employee, or any other person, is prohibited. All reports of violence will be promptly investigated and appropriate action will be taken. 7.2 Definition The City defines workplace violence as any act of physical, verbal, written, or electronic Personnel Policies Page 5 Rev. June 2021 aggression affecting the workplace. This includes the destruction or abuse of property and any visual, verbal, or physical act, that warns of or expresses an ability or intent to harm or kill; is intended to intimidate or create fear, or has the purpose of unreasonably interfering with an individual's reasonable expectation of a safe, non -hostile, or respectful work environment, whether made in person, by telephone, mail, written or electronic communications, or other means, including conduct that occurs outside of the workplace or during non -working hours. 7.3 Employee Responsibilities All employees are required to refrain from any conduct that violates this policy, to promptly report to the Human Resources Administrator, a department supervisor, or the City Attorney's Office any incidents or threats of workplace violence, and to cooperate with any investigation of workplace violence. Employees are also expected to report any situation or threats of violence which may follow them into the workplace or otherwise impact other City employees. Supervisors, with assistance from Human Resources, are responsible for ensuring proper response, investigation and follow up on any reported or observed incidents of workplace violence. Violence, the threat of violence or any other conduct that would fall under this policy must be reported to Human Resources as soon as the reporting party becomes aware of it. 7.4 Investigation and Follow -Up Any reported or alleged violation of this policy will be promptly investigated by the appropriate management staff, Human Resources, and/or the City Attorney's Office. Violations of this policy may result in disciplinary action up to and including termination of employment and/or a report to law enforcement. 7.5 Confidentiality and Retaliation To the greatest extent possible, anonymity will be maintained during the investigation. However, anonymity will be maintained at the discretion of those investigating and resolving the complaint only to the degree that it does not compromise the investigation. There is no right to or guarantee of anonymity. Any employee who acts in good faith by reporting real, threatened, or implied violent behavior will not be subjected to any form of retaliation or harassment. Any retaliatory behavior resulting from a report of violence must be reported to the Human Resources Administrator or City Attorney's Office for investigation and appropriate action. 7.6 Post -incident Response Injured staff will receive prompt medical treatment and appropriate post -incident counsel. Human Resources will assist the supervisor with coordination of appropriate post -incident response which may include a critical incident debriefing session and/or counseling through the Employee Assistance Program. 7.7 Violent Situations Outside the Workplace In order to fulfill its obligation to protect employees from violence, the City requires that an employee apprise their supervisor or Human Resources of any situation involving violence or Personnel Policies Page 6 Rev. June 2021 the threat of violence that may carry over into the workplace such as a restraining order issued for the protection of the employee, harassing or threatening phone calls, email or other electronic messages, being or suspicion of being stalked, and any other circumstance the employee perceives as threatening to the health and safety of the employee or others in the workplace. 7.8 Workplace Security Suggestions and Recommendations Employees are strongly encouraged to offer recommendations for improving safety within work sites throughout the City. These suggestions may be made directly to supervisors, Human Resources, or Risk Management. Section 8: Employee Relations and Conduct The work of every employee is important. Employee performance and conduct have an effect on an employee's success with the City and the work environment, as well as effecting the quality of service to the Iowa City community. Employees have a right to expect fair treatment and fair compensation from the City. In return, employees are expected to work diligently toward providing high levels of public service and conducting themselves in a manner that positively contributes to a respectful and productive work environment. 8.1 Employee Conduct and Ethical Standards of Behavior City employees are expected to conduct themselves in a courteous, respectful, responsive manner and in a manner which demonstrates high ethical standards, professionalism, and inspires public trust. These expectations and standards of behavior extend to individuals under consideration for an offer of City employment, as well. All City employees are required to: • Refrain from engaging in conduct which could violate federal, state or local laws and/or reflect unfavorably upon the City or their department. • Refrain from engaging in conduct which represents or could reasonably be interpreted to represent a conflict of interest. • Put forth honest effort in the performance of their duties. • Carry -out and support the established policies of the City in the performance of their job duties, regardless of their personal opinions of said policies. • Decline any extraneous fee or gratuity for work performed on behalf of the City. • Refrain from granting or making available to any person, any consideration, treatment, advantage or favor beyond that which is granted or made available to the public. • Immediately report to their supervisor any outside interests that may be affected by City of Iowa City plans or activities or result in a conflict of interest or the appearance of such conflict. Personnel Policies Page 7 Rev. June 2021 a. Impartiality Employees must: • Avoid any action which might result in or create the impression of using public office, employment with the City for private gain, giving preferential treatment to any person or entity, or losing impartiality in conducting City business. • Refrain from securing privileges or exemptions for themselves or others beyond that which would be available to the public at large. b. Use of Information Employees may not use confidential information for their own financial advantage or to provide others with financial advantages or information which could be used for financial advantage. Each employee is charged with the responsibility for ensuring that they release or provide only information that should be or already is available to the public at large. c. Use of City Resources Employees may not use or permit the use of any publicly owned resource (property, vehicle, equipment, labor, service or supplies (new, surplus, scrap, or obsolete)) for the personal convenience or advantage of the employee or any other person other than what is generally available to the public. No City -owned property may be removed from the workplace except for the purpose of conducting City business. Use of City facilities, supplies, equipment, or worktime for supplemental employment is prohibited. d. Gifts State law (Iowa Code section 686.22, as amended) restricts gifts that can be received by public employees or their families. As the law states, "the acceptance of personal benefits from those who could gain advantage by influencing official actions raises suspicions that tend to undermine the public trust." Compliance with the law, for the reasons identified therein, is of crucial importance to the City. There are exceptions to the restrictions, including accepting nonmonetary items with a value of three dollars ($3.00) or less, or accepting items made available free of charge to members of the general public without regard to their employment. However, before accepting any other gift, employees should consult with the City Attorney's Office for confirmation of an available exception. e. Employment Conflicts City employees may not work for an outside employer whose interests might conflict with those of the City. City employees may not use their jobs with the City to further their interest in any supplemental job. City employees may not work for, or directly invest in, businesses with whom they must deal in the course of their employment with the City. f. Political Activity City of Iowa City employees are free to exercise all rights of citizenship. However, in order to obey federal and state laws, and to ensure that the City will operate effectively and fairly, some guidelines are necessary. Therefore, the following restrictions have been established: (1) An employee shall not, while performing official duties or while using City equipment at the employee's disposal by reason of their position, solicit contributions for any political party or candidate, or engage in any political activity, including distribution of political Personnel Policies Page 8 Rev. June 2021 messaging or materials. Employees shall also refrain from wearing hats, buttons, or other items with political messaging while working, unless otherwise permitted under Chapter 20 of the Iowa Code. (2) An employee shall not attempt to influence the vote or political action of another by advocating for an appointment, increase in pay, or other business or employment advantage for that person with the City. (3) An employee who supervises employees shall not directly or indirectly solicit the persons supervised to contribute money, anything of value, or service to a candidate, a political party, or a political committee. (4) An employee who becomes a candidate for public office may request a leave of absence without pay. An employee who is a candidate for any elective office shall not campaign while on duty as an employee. 8.2 Discipline The responsibility of the City to appropriately manage its operations may occasionally require it to take disciplinary action against employees. The objective of disciplinary action is to correct behavior that violates City policies, expectations or is otherwise inappropriate, and maintain efficient City operations. Failure of the employee, after notice, to modify behavior may result in further disciplinary action up to and including termination of employment. Furthermore, serious infractions may result in disciplinary action up to and including termination of employment without prior notice. Each case will be considered on its merits with due consideration as to the nature of the offense, the cause, the background, and the attitude of the employee. Employees in bargaining units should refer to the appropriate collective bargaining agreement for further clarification. Causes for Discipline: It is not possible to list all forms of employee conduct that are considered unacceptable and impact the workplace. The following list is illustrative of, but does not include all, types of behavior or conduct for which disciplinary action may be taken. a. Insubordination including disobedience, disrespect, failure to perform work assignments or duties, or failure to accept direction from authorized personnel. Deliberately attempting to undermine morale. b. Theft of city property, money, or services or acting in a careless or negligent manner with City money, property, or vehicles. Theft of personal property during the performance of duty or on City property. c. Violation of City policies including but not limited to Personnel Policies, Administrative Regulations, the City of Iowa City's Substance Abuse Policy, and/or the City's Drug and Alcohol Policy; violation of departmental rules, or any other rules, policies, or regulations issued by the City. d. Abusive or discourteous treatment during the performance of duty to any member of the public, fellow employee or city official, including harassment on the basis of race, creed, Personnel Policies Page 9 Rev. June 2021 color, sex, national origin, religion, age, sexual orientation, gender identity, marital status, mental or physical disability, or genetic information; or any behavior, including behavior occurring outside the workplace, which negatively affects the work environment or has the effect of producing a hostile work environment. e. Tardiness, failure to report to work, or failure to maintain a satisfactory attendance record; failure to inform the appropriate person of the inability to report to work or the need to leave work for any reason. f. Working (straight time or overtime) without proper authorization. Failure to accurately and timely report hours worked. Intentional abuse of the City's time keeping system, including unauthorized punching in/out of another employee. g. Failure to satisfactorily and consistently perform the duties of the employee's position; incompetency, inefficiency, or negligence in the performance of assigned duties; loafing, loitering, or engaging in unauthorized personal business during work hours; excessive use of personal mobile devices. h. Failure to maintain the appropriate qualifications, certifications or licenses necessary for the performance of job duties or failure to report any change or loss of said qualifications, certifications or licenses. i. Unauthorized dissemination of non-public information acquired during the performance of duties for the City. Breach of confidentiality. k. Violations of the Federal Drug Free Workplace Act or other state or federal regulations. �. Lying or providing false or inaccurate information, either verbally or in writing; falsification, alteration, deletion of required information, or failure to include material information on any application or City record. m. Cheating on an employment-related exam. n. Inappropriate use of telephone lines, long-distance service, FAX/photocopy services, computer or internet usage, cell phones, mobile or electronic devices or other City -owned property. o. Operating City equipment or vehicles without proper license or permit, failure to maintain any required license or permit, or failure to notify the City of loss of any such license or permit. P. q. Failure to make payment in a timely manner for any employment related charges including costs for return -to -duty or follow-up drug tests. Illegal activities and/or conviction of a crime that is closely or directly related to the ability of employees to perform their job effectively or is otherwise job related, or failure of employees in positions subject to criminal background checks to provide timely notification of a criminal conviction to Human Resources. Personnel Policies Page 10 Rev. June 2021 r. Disregard for safety policies and procedures, including improper use of safety gear, clothing, or equipment; failure to report a workplace injury or illness to supervisory personnel in a timely manner. s. Preventable accidents; conduct resulting in damage to City equipment or property or the injury of others. Willful destruction of property of the City or any employee. Failure to report workplace accidents to a supervisor. t. Failure to provide required notification of over-the-counter or prescription medication that may impact ability to drive or operate heavy equipment (when driving or equipment operation is a required duty of the position); failure to provide copies of any work restrictions applicable to the required duties of the employee's position; failure to comply with work restrictions. u. Activity which involves conflict of interest or use of city employment for personal gain. v. Conduct which negatively impacts the City's ability to effectively conduct its operations; disruptive behavior; sleeping or giving the appearance of sleeping during working hours; engaging in horseplay, roughhousing, or disorderly behavior during work hours or while on work premises. 8.3 Weapons No employee of the City of Iowa City shall carry a weapon while on duty. Weapons include but are not limited to firearms, knives, explosives, and tasers or other similar electronic immobilizers. Weapons are not allowed on City property or in an employee's vehicle when parked on City property. Issuance of a weapons permit does not exempt an employee from these provisions. However, sworn officers of the Iowa City Police Department and the Fire Marshal are exempt from this restriction. 8.4 Appearance -Grooming Employees are expected to maintain a level of personal appearance and grooming and maintenance of their workspaces that is considerate of other employees, and projects an image that inspires the confidence of the community and others with whom the employee must associate in the course of work. (1) For employees in the field during hot summer weather, dress shorts and a T-shirt appropriate for the workplace are acceptable attire, unless safety concerns require long pants for protection. For employees working in air-conditioned buildings, shorts are not allowed. All employees are expected to wear clothing appropriate for a business office and public contact. (2) Employees provided uniforms are required to wear the uniform provided. (3) Dress down or casual day, generally observed on Friday unless otherwise designated by the City Manager, is an opportunity for employees to deviate from more formal business attire for the day. Employees must dress appropriately for an office environment, even when casually dressed. (4) Employees must refrain from wearing clothing which depicts images or text that are not appropriate when acting as a representative of the City such as images of guns or other Personnel Policies Page 11 Rev. June 2021 weapons, political messaging, vulgar language, content that is disparaging of others, etc. (5) Employees must refrain from displaying materials or items in personal or shared workspaces which depict images or text that are not appropriate for the workplace including, but not limited to, images of guns or other weapons, political messaging , offensive or vulgar text or images, or content that is disparaging of others, etc. (6) Employees are required to adhere to health, safety, and sanitation standards while at work. 8.5 Scented products The City aims to be sensitive to individuals with perfume and chemical sensitivities. Employees should minimize use of scented personal products including but not limited to cologne, after- shave, perfume, deodorant, lotions, hair products, air fresheners, room deodorizers or similar products. 8.6 Personal Activities Conducting personal or non -work related activities is discouraged during work hours, except in emergencies and with the approval of the supervisor. Personal business should be conducted during designated break times or during unpaid lunch breaks. When possible, personal phone calls should be made from a phone away from areas used by the public to conduct business and away from other employees who may be distracted by such personal calls. 8.7 Supplemental Employment Supplemental employment outside the employee's assigned City working hours must in no way interfere or conflict with the satisfactory performance of an employee's City duties. Supplemen- tal employment that either creates or gives the appearance of a conflict of interest is prohibited. No employee is to conduct any supplemental employment during their scheduled working hours unless they are using pre -approved leave. Supplemental employment is not encouraged. If an employee is unable to perform their job for the City due to injury or illness, work for another employer during what would be the employee's City work hours is expressly prohibited. A waiver of this provision may be given if the employee presents sufficient evidence to Human Resources from their physician that the employee's medical condition would preclude fulfillment of the employee's duties with the City, but that the nature of the condition would permit work at alternative outside employment. Failure to comply with this policy will result in disciplinary action up to and including termination of employment. 8.8 Religious Holidays Every reasonable effort will be made to accommodate employee requests for release from work to participate in bona fide religious holidays or services. Once approved, personal leave, accrued vacation time, compensatory time, or in the absence of any of these, unpaid leave may be used to cover such absences. 8.9 Education Personnel Policies Page 12 Rev. June 2021 Advance approval from the City Manager is necessary for an employee to attend or engage in any educational program during normal working hours, other than that which may be provided or directed by the City. Consideration of such requests will be based upon the direct benefit to the City, and a demonstrated ability of employees to effectively carry out the responsibilities of their positions. Employees are encouraged to schedule educational programs outside of regular hours, whenever possible. 8.10 Medication/Work Restriction Notification Employees who are required to drive vehicles or operate heavy machinery are required to inform their supervisor when taking over-the-counter or prescribed medication which carries a warning label indicating that the medication may impact the ability to perform those duties safely. Employees who are issued work restrictions by a health care provider, including for conditions which are not work-related, must provide a copy of those restrictions to their immediate supervisor. Employees with questions about whether a physical restriction is considered a work restriction should discuss the restriction with Human Resources before providing the information to the employee's supervisor. Failure to comply with these requirements will be grounds for discipline up to and including termination of employment. 8.11 Breastfeeding Breaks The City will provide reasonable break time for nursing mothers to express breast milk for a nursing child for one year after the child's birth each time such employee has need to express the milk. In addition, the City will provide a private space, other than a bathroom, which may be used by the employee to express milk. If assistance is needed in coordinating the use of private space, employees may contact Human Resources. 8.12 Criminal Convictions and/or Conduct Employees in positions which are subject to criminal background checks under the City's administrative regulation on Criminal Background Checks in Hiring, as noted in the job description, are required to notify Human Resources within ten business days of being convicted of a crime other than a simple misdemeanor traffic offense. Human Resources will conduct an individualized assessment to determine the impact a conviction may have on an employee's ability to continue in their current role and will consult with appropriate supervisory staff and the City Attorney's Office as necessary. Employees in a position designated as sensitive under the Criminal Background Checks in Hiring policy who are convicted of a crime which would have precluded them from being hired into the position, may likewise be determined to no longer meet the requirements of the position and may be subject to termination of employment or other discipline. Candidates for sensitive positions which are subject to criminal background screenings who have a pending criminal charge for which conviction would preclude them from further consideration for employment may be subject to an individualized assessment. The individualized assessment will be conducted by Human Resources to determine whether behaviors acknowledged or proven by a preponderance of available evidence may disqualify Personnel Policies Page 13 Rev. June 2021 the candidate from further consideration due to the nature of the position for which they are being considered. (For example: an individualized assessment would be required for a pending charge for a crime against a person which could pose a safety risk to vulnerable populations served by the operation). 8.13 Personal Use of Social Media a. Scope and definition Policies governing appropriate use and administration of authorized City social media accounts are addressed by the Social Media Policy contained within the City's Communications Policy. For the purpose of this provision, social media is defined as any form of online publication or presence that allows interactive communication, including but not limited to, social networking sites such as Facebook, Twitter, Instagram, Linkedln, YouTube, or similar sites now and in the future. It also includes online forums such as personal web pages, blogs, or vlogs, online games, and messages or comments conveyed through any other online forum. Nothing in this policy is intended to infringe upon any employee's First Amendment rights to engage in speech protected by the United States and Iowa Constitutions, to limit the right to engage in protected concerted activity under the National Labor Relations Act (NLRA), or to express an opinion on a matter of public concern when the statement is not made pursuant to their official duties. Employees are free to express themselves as private individuals on social media sites. The intent of this policy is to prevent employees from engaging in unlawful speech, improperly impairing the working relationships of and within the City, or impeding performance of City duties and/or negatively affecting public confidence in the operation of the City government or the performance of the individual employee. As public employees, City employees are cautioned that speech made pursuant to an employee's official duties is not protected free speech under the First Amendment and may form the basis for discipline. b. Work-related guidelines for employee use of personal social media (1.)Personal accounts may not be designed in such a way as to cause users to believe the account is City -administered or endorsed by the City, including unauthorized use of City logos. Whether or not employees specify on their personal social media accounts that they work for the City of Iowa City, they should be mindful that their employment is a matter of public record. Whenever issues are discussed online, whether in a personal or professional capacity, it is possible that comments can be connected to the person's employment with the City. Employees should consider whether statements they publish may be construed as expressing official City of Iowa City positions and whether such statements are accurate representations. If an employee possesses leadership responsibilities or chooses to identify themselves as a City employee on personal social media, it is recommended that they include a disclaimer such as "The postings on this site are my own and do not necessarily reflect or represent the views of the City of Iowa City for which I work." (2.)Employees are prohibited from disclosing confidential or legally protected information Personnel Policies Page 14 Rev. June 2021 learned through employment with the City. (3.)Employees are prohibited from using the internet or social media to post content that violates the City's harassment or discrimination policies even if occurring outside work hours, from home and on personal devices. Such behaviors include but are not limited to posting comments or other content that is derogatory with respect to race, creed, color, sex, national origin, religion, age, sexual orientation, gender identity, marital status, mental or physical disability, genetic information, veteran status, or other classes or categories protected by federal, state, and law including epithets, slurs, and negative stereotyping; sexually suggestive, humiliating, or demeaning comments; or other behaviors that could constitute harassment or bullying. (4.) Employees are prohibited from using the internet or social media to incite or encourage violence. This includes threats to stalk, haze, or physically harm another employee or member of the public. (5.)Employees may not use social media to engage in libelous, defamatory, obscene, or maliciously false behavior directed at the City, City departments, elected or appointed officials or other employees or members of the public. (6.)While employees may believe a social media post or electronic communication is private, release to the public is always possible. Employees will be responsible for their posted content. (7.)Employees are discouraged from posting to personal accounts while using the City of Iowa City network or City -owned equipment and should not speak on behalf of the City using their personal social media accounts.. Section 9: Whistleblower Policy & State Ombudsman's Office It is the policy of the City that all employees are encouraged to report information or conduct the employee reasonably believes to be improper governmental actions by any City official or employee, to the extent such a report is not expressly prohibited by law. The City prohibits reprisal or retaliation against any employee who in good faith makes such a report. 9.1 Definition of Improper Governmental Action Any action by any employee or official that: • Is undertaken in the performance of their duties, whether or not the action is within the scope of the employee's or official's employment; and • Is in violation of any federal, state or local law or rule; • Is mismanagement; • Is an abuse of authority; • Is of substantial and specific danger to the public health or safety; or • Is a gross abuse of public funds. Personnel Policies Page 15 Rev. June 2021 9.2 Complaint Procedure The City will thoroughly investigate complaints of improper governmental action. Employees should promptly report information or conduct they reasonably believe constitutes improper government action to their supervisor, the City's Human Resources Administrator, or the City Attorney's Office. Supervisors receiving reports of potential improper governmental action are required to promptly notify the Human Resources Administrator or City Attorney's Office of the report to ensure appropriate investigation, documentation and follow-up takes place. 9.3 Retaliation Prohibited The City may not retaliate against an employee who makes a good -faith report of conduct the employee reasonably believes to be improper governmental action, including an internal report as outlined above or the disclosure of information the employee believes constitutes improper governmental action to a member or employee of the general assembly, an official of or person providing human resources management for that political subdivision or any other public official or law enforcement agency. 9.4 State Ombudsman's Office In addition to the reporting procedure described above, employees may contact the State Ombudsman with reports of improper governmental action. Pursuant to the Iowa Ombudsman Act, Iowa Code Chapter 2C, the State Ombudsman's Office has authority to investigate complaints about improper action or inaction taken by governmental entities. The State Ombudsman's Office is a non-partisan agency and may be reached at 1-888-426-6283. Section 10: Employee Assistance Program The City sponsors an Employee Assistance Program (EAP) as a means of assisting employees and their family members with a variety of challenges including marital, family or financial difficulties, physical, emotional or personal problems, and substance or alcohol use. It is available as a confidential service for information, short-term counseling, and referral to other community resources. While the program is in no way meant to interfere with the private life of the employee, employees are encouraged to contact the EAP to discuss a personal problem before it affects their work performance. Any voluntary involvement with the EAP will be strictly confidential and not reported to the City. Employees may contact the EAP by calling 319- 351-9072. In the event work performance is affected, a mandatory referral may be made by an employee's supervisor. When a mandatory referral is made, the employee is required to be seen by an EAP Counselor who may report the employee's attendance, ability to work, and completion of any recommended follow-up treatment to the City. The City is not provided a diagnosis and all discussions between the employee and counselor remains confidential. Substance Abuse All City employees are eligible for and encouraged to seek treatment and rehabilitation for alcoholism, problem drinking, or substance abuse through the City's Employee Assistance Program, or other available community resources. Alcoholism or drug addiction as conditions are not causes for discipline. However, if they impact job performance, including attendance, work performance, ability to carry out required duties, inter -personal or public relations, etc., disciplinary action may be taken. Nothing in this section relieves employees of responsibility for their own conduct on the job. Personnel Policies Page 16 Rev. June 2021 Section 11: Substance Abuse Policy 11.1 Polic The City of Iowa City is dedicated to providing safe, dependable, and efficient services to our citizens. City of Iowa City employees are our most valuable resource and it is our goal to provide a healthy, satisfying working environment. In meeting these goals, it is our policy to (1) assure that employees are not impaired in their ability to perform assigned duties in a safe, productive, and healthy manner; (2) create a workplace environment free from the adverse effects of drug abuse and alcohol misuse; (3) prohibit the unlawful manufacture, distribution, dispensing, possession, or use of controlled substances; and (4) to encourage employees to seek professional assistance any time personal problems, including alcohol or drug dependency, adversely affect their ability to perform their assigned duties. 11.2 Purpose The purpose of this policy is to assure worker fitness for duty and to protect our employees and the public from the risks posed by the misuse of drugs or alcohol or by the use of prohibited drugs while balancing respect for individual privacy. This policy is also intended to comply with all applicable Federal regulations governing workplace anti-drug and alcohol programs, including the federal Drug Free Workplace Act of 1988. 11.3 Applicability This policy applies to all City employees, as well as contractors or volunteers; when they are on City property or when performing any City -related business. This policy also applies to off- site lunch periods or breaks when an employee is scheduled to return to work. Compliance with the terms and requirements of this policy is a condition of employment for all employees. Nothing herein relieves employees also subject to the City of Iowa City Drug and Alcohol Policy of their responsibilities under that Policy. 11.4 Prohibited Substances/Behaviors a. Illegally Used Controlled Substances or Drugs Any illegal drug or any substance identified in Schedules I through V of Section 202 of the Controlled Substance Act (21 U.S.C. 812), and as further defined by 21 CFR 1300.11 through 1300.15. This includes, but is not limited to: marijuana, amphetamines, opiates, phencyclidine (PCP), and cocaine, as well as any drug not approved for medical use by the U.S. Drug Enforcement Administration or the U.S. Food and Drug Administration. Illegal use includes use of any illegal drug, misuse of legally prescribed drugs, or use of illegally obtained prescription drugs. b. Misuse/Abuse of Legal Drugs The appropriate use of legally prescribed drugs and over-the-counter medications is not prohibited. However, the use of any substance which carries a warning label that indicates that mental functioning, motor skills, or judgment may be adversely affected must be reported to supervisory personnel and medical advice should be sought by the employee, as appropriate, before performing work-related duties. A legally prescribed drug means that individual has a prescription or other written approval from a physician for the use of a drug in the course of medical treatment. Legally prescribed Personnel Policies Page 17 Rev. June 2021 drugs must be carried in their original container with a label which includes the patient's name, the name of the substance, quantity/amount to be taken, and the period of authorization. The misuse or abuse of legal drugs while performing City business is prohibited. The City reserves the right to take appropriate action (including relieving the employee from work) if the use of a prescribed or over-the-counter medication is impairing or is deemed likely to impair the employee's faculties or work performance. c. Alcohol City employees are prohibited from consuming alcoholic beverages and from possessing containers of alcoholic beverages with a broken seal while on City premises or on duty. 11.5 Prohibited Conduct a. Manufacture, Trafficking, Possession, and Use City of Iowa City employees are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of prohibited substances while working, on City premises, in City vehicles, in uniform, or while on City business, or from reporting to work following use of a prohibited substance. Employees who violate this provision will be subject to disciplinary action up to and including termination of employment. Law enforcement shall be notified, as appropriate, where criminal activity is suspected. b. Alcohol Use No employee shall report for duty or remain on duty when their ability to perform assigned duties is impaired by alcohol. No employee shall use alcohol while on duty, or during the hours that they are on call. City employees are prohibited from consuming alcoholic beverages on breaks or at lunch. Violation of these provisions is prohibited and subject to disciplinary action up to and including termination of employment. c. Treatment The City recognizes that drug and alcohol dependency is an illness and a major health problem. The City also recognizes drug and alcohol abuse as a potential health, safety and security problem. All employees are encouraged to use the Employee Assistance Program (EAP) for treatment of drug or alcohol misuse and/or illegal drug use problems. Under certain circumstances, employees may be required to undergo treatment for substance abuse or alcohol misuse. Any employee who refuses or fails to comply with City requirements for treatment, after care, or return to duty shall be subject to disciplinary action, up to and including termination of employment. Employees will be allowed to use accumulated sick leave and other accruals as appropriate to participate in a prescribed rehabilitation program. The EAP provides a constructive way for employees to deal with alcohol or drug-related problems before they interfere with continued employment. However, an employee must continue to comply with City policies, meet attendance, job performance, and safe and sober behavior standards while seeking assistance from EAP or another treatment provider. d. Notifying the City of Criminal Drug Conviction The Drug Free Workplace Act of 1988 mandates that employees are required to notify the City of any criminal drug statute conviction for a violation occurring in the workplace Personnel Policies Page 18 Rev. June 2021 or off City premises while conducting City business within five days after such conviction. The City will take appropriate disciplinary action and/or require the employee to participate in a rehabilitation program within 30 days of receiving notice of any conviction under a criminal drug statute. Failure to comply with this provision shall result in disciplinary action, up to and including termination of employment. 11.6 Proper Application of the Policy The City of Iowa City is dedicated to assuring fair and equitable application of this substance abuse policy. Supervisors are required to use and apply all aspects of this policy in an unbiased and impartial manner. Any supervisor who knowingly disregards the requirements of this policy, or is found to have deliberately misused the policy in regard to subordinates, shall be subject to disciplinary action, up to and including termination of employment. 11.7 Testing Procedures a. Pre -Employment Drug Testing All applicants for positions covered by Federal regulations governing workplace anti- drug and alcohol programs shall undergo urine drug testing following a conditional offer of employment. Receipt by the City of a negative drug test result is required prior to starting employment. Failure of a pre-employment drug test will result in rescission of the conditional offer of employment and will disqualify an applicant for employment for a period of one year. City employees not currently in a position covered by Federal regulations governing workplace anti-drug and alcohol programs who apply for a position covered by said Federal regulations must pass a urine drug test following the offer of a transfer into a position covered by Federal regulations governing workplace anti-drug and alcohol programs. b. Reasonable Suspicion Testing Employees are expected and required to report to work on time in an appropriate mental and physical condition. The City reserves the right to test employees when there is reasonable suspicion that the employee is impaired, that their work performance or on- the-job behavior has been affected in any way by drugs or alcohol or the employee is otherwise unfit for duty. Reasonable suspicion testing is drug or alcohol testing based upon the evidence that an employee is using or has used alcohol or other drugs in violation of this policy. This evidence is drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in the light of experience. For the purposes of this policy and procedure, facts and inferences may be based upon, but not limited to, any of the following: (1) Direct observation of alcohol or drug use or abuse. (2) Physical symptoms or manifestations of being impaired while at work due to alcohol or other drug use such as, but not limited to, the smell of alcoholic beverages or drugs emanating from the individual, reddened eyes, dilated or constricted pupils, flushed or pale complexion, extensive sweating or skin clamminess, unfocused/blank stare, disheveled clothing, unkempt grooming, runny or bleeding nose, possible puncture marks, wetting lips frequently, complaining of dry mouth or Personnel Policies Page 19 Rev. June 2021 nystagmus (involuntary jerky eye movement) deterioration of work performance, errors and irregularities in work performance. (3) Unexplained changes in behavior or personality such as, but not limited to, hyperactivity, fidgety, agitated, breathing irregularly or with difficulty, nausea, slow reactions, unstable walking, poor coordination, hand tremors, shaking, sleeping on the job, irritable, moody, suspicious, paranoid, depressed, withdrawn or a lackadaisical attitude. (4) Unexplained changes in speech such as, but not limited to, slurred/slowed, loud/boisterous, quiet/whispering, incoherent/nonsensical, repetitious/rambling, clicking sound with tongue, rapid, excessive talkativeness, exaggerated enunciation or cursing/inappropriate speech. (5) A report of alcohol or other drug use while at work provided by a reliable and credible source. (6) Evidence that an employee has manufactured, sold, distributed, solicited, possessed, used, or transferred illicit drugs or consumed alcoholic beverages while at work for the City, or while operating City vehicles, machinery or equipment. Employees found to be impaired by prohibited substances or employees who fail to pass a reasonable suspicion drug or alcohol test administered under federal or state regulations shall be removed from duty and be subject to disciplinary action, up to and including termination of employment. c. Post Accident Testing. The City reserves the right to test employees for drugs and alcohol after a work-related accident when one or more of the following conditions are present: • a fatality in which a City employee was involved; • any individual suffers bodily injury known at the time of the accident; • one or more vehicles incur disabling damage and require towing/removal from the scene; • the accident results in cumulative property damage of $5,000 or greater as reasonably estimated at the time of the accident;* or • the City employee receives a citation for a moving violation.* If none of the above conditions are present, and the employee involved in the accident would like to be tested voluntarily for drugs and alcohol, the employee may submit to testing at the City's expense. Following an accident, the employee will be tested as soon as possible, but time elapsed before testing may not to exceed eight (8) hours for alcohol and thirty-two (32) hours for drugs. An employee subject to post -accident testing shall remain readily available or may be deemed by the employer to have refused to submit to testing. *Employees subject to DOT guidelines are subject to the post -accident testing requirements of the Drug and Alcohol Policy. d. Refuse to Test Refusal to submit to an alcohol or drug test is classified as a positive test and subject to the consequences of a positive test. Refusal to test includes, but is not limited to, such behavior as: Personnel Policies Page 20 Rev. June 2021 (1) Failure to report in a timely manner to a collection site (except for a pre- employment test). Once notified an employee is to immediately go directly to the testing site. (2) Failure to remain at the testing site until the testing process is complete (except for a pre-employment test). (3) Failure to provide a urine specimen for any drug test required by this part or DOT agency regulations (except for a pre-employment test). (4) In the case of a directly observed or monitored collection in a drug test, failure to permit the observation or monitoring of provision of a specimen. (5) Failure to provide a sufficient amount of urine or breath when directed, and it has been determined, through a required medical evaluation, that there was no adequate medical explanation for the failure. (6) Failure or decline to take a second test the City or collector has directed them to take. (7) Failure to undergo a medical examination or evaluation, as directed by the MRO as part of the verification process, or as directed by the City as part of the procedures for situations in which an employee does not provide a sufficient amount of urine to permit a drug test. (8) Failure to cooperate with any part of the testing process (e.g., refusal to empty pockets when so directed by the collector, behaving in a confrontational way that disrupts the collection process) or verbal or written refusal to provide a required urine/breath specimen. (9) For an observed collection, failure to follow the observer's instructions to raise clothing above the waist, lower clothing and underpants, and to turn around to permit the observer to determine if there are any types of prosthetic or other devices that could be used to interfere with the collection process. (10) Possess or wear a prosthetic or other device that could be used to interfere with the collection process. (11) Admit to the collector or MRO that the specimen was adulterated or substituted. (12) Failure to sign the certification at Step 2 of the Alcohol Test Form. (13) * The refusal to take a non -DOT drug or alcohol test or sign a non -DOT form is not a refusal to take a DOT test. 11.8 Consequences for Policy Violations Violations of this policy resulting in personal injury, injury to another employee or member of the public or violations resulting in damage to public or private property may result in termination on the first offense. a. Positive Test Results An employee who is in their initial probationary period and receives a positive drug and/or alcohol test result will have their employment terminated. A non -probationary employee's first confirmed positive drug or alcohol test will result in a requirement that the employee be evaluated by an EAP counselor with subsequent referral and aftercare if necessary. Failure to undergo the required EAP evaluation or to comply with the treatment plan, including required testing, will result in termination of employment. Personnel Policies Page 21 Rev. June 2021 b. Second Positive Test Results If an employee who has previously tested positive under the City's drug or alcohol testing program tests positive on a second occasion, the employee will be terminated. c. Refusal Consequences An employee who refuses to submit to a reasonable suspicion or post -accident drug/alcohol test will be treated as if the employee had a positive test result. The employee shall not be permitted to finish their shift and shall immediately be placed on administrative leave pending disciplinary action up to and including termination of employment. d. Follow -Up Once returned to duty, employees may be required to undergo unannounced follow-up testing. Such testing will take place just before job duties are performed, during job duties, or just after the employee performed job duties. The frequency and duration of the follow- up testing will be recommended by the EAP counselor or treating entity. e. Invalid Drug Tests The result of a urine drug test is considered invalid if it contains an unidentified adulterant or an unidentified interfering substance, has abnormal physical characteristics, or has an endogenous substance at an abnormal concentration that prevents the laboratory from completing or obtaining a valid drug test result. f. Violations Violations of this policy will result in disciplinary action, up to and including termination of employment. Section 12: License, Certification and Insurability Requirements Certain positions within the City require the possession and maintenance of a specific license or certification. If a position has such a requirement, it will be listed in the job announcement when the job is posted and will be included in the job description. If the requirement changes while an employee is in a position, the employee will receive notice of such change and will be given a reasonable amount of time to comply with the requirement. If an employee loses or fails to obtain a license or certification required for the position they hold, the employee may be subject to discipline up to and including termination for failure to meet minimum job requirements. No City employee may operate a City vehicle without proper licensing. Any individual who operates a City vehicle on the public right-of-way without a valid license appropriate to the vehicle being driven will be subject to disciplinary action up to and including termination. 12.1 Maintaining a Valid License Employees required to possess and maintain a valid Iowa driver's license, chauffeur's license, or Commercial Driver's License (CDL) are responsible for monitoring the expiration date and renewing their license prior to the expiration date. If an employee's license is suspended, revoked, or cancelled, it is the employee's responsibility to notify their supervisor at the beginning of the first work day after receiving notice of the action. Employees are prohibited from driving any City vehicle without the appropriate valid license and are required to carry their Personnel Policies Page 22 Rev. June 2021 license with them while operating City vehicles or driving on behalf of the City. The City periodically runs driver's license checks on employees who must have a license as a job requirement, as well as employees who drive City vehicles in the course of their employment. An employee who has a license that is current at the time of the license check, but whose record shows it was suspended, revoked, or cancelled in the period of time since the last check, is subject to disciplinary action if they drove a City vehicle during that time and/or failed to notify their supervisor of the suspension, revocation, or cancellation. Employees who are required to have a valid license will be subject to disciplinary action up to and including termination of employment if they allow their license to expire and are unable to perform their work duties. 12.2 CDL Notification Requirements Employees required to possess and maintain a valid Commercial Driver's License must meet the following notification requirements: a) Notify the Human Resources Office within 30 days of a conviction for any traffic violation, except parking (this includes pleading guilty and paying a fine). Notification is required no matter what type of vehicle the individual was driving at the time of the infraction or if the infraction occurred off duty. Such notice must be provided by filling out a Notification of Conviction for Driver Violations Form and submitting to the Human Resources Office. b) Notify employee's supervisor if their license is suspended, revoked, or cancelled, or if the employee is otherwise disqualified from driving. Such notice must be made at the beginning of the first work day following knowledge of the suspension, revocation, or cancellation. Employees must provide such notice to their immediate supervisor (or in their absence to the individual acting in that capacity). Failure to provide required notice of a traffic violation or license suspension, revocation or cancellation may result in disciplinary action up to and including discharge. 12.3 Insurability Employees required to possess and maintain a valid driver's license must also remain insurable under the City's established standards for insurability. Failure to remain insurable due to excessive or serious violations will subject an employee to disciplinary action up to and including termination of employment. A work permit does not meet the City's requirement for a valid license. In no event will the City install an ignition interlock device on any City vehicle to meet the requirements of a work permit. Section 13: Personnel Transactions 13.1 Personnel Files Personnel files are the property of the City. It is the policy of the City to permit access by all City employees to their personnel file, which is maintained in the Human Resources office. Access to these files and the information contained in them is generally limited to the employee (or former employee), appropriate supervisory personnel, appropriate administrative personnel Personnel Policies Page 23 Rev. June 2021 and third parties authorized in writing by the employee (i.e., union stewards, attorneys, etc.). The file information may also be accessed and utilized in situations involving business operations. Information related to education, employment and job performance will be maintained in these files. Confidential medical records and benefits information are maintained separately from an employee's personnel file. City employees are permitted access to their personnel files during regular Human Resources office hours. Employees are permitted to examine, take notes, and make copies of any materials in their file. Employees wishing to examine their files during work hours must have the permission of their supervisor to leave their work site. A Human Resources staff member must be present during this examination. An employee may request correction of any alleged misinformation contained in the file. If this request is denied, the employee will receive an explanation of the reason thereof, and will be permitted to place a concise statement of disagreement in the file. Employees are encouraged to keep their personnel files up-to-date with all job-related information such as degrees obtained. Certification and training records can be maintained through the Neogov learning management system. In addition, employees are required to update personal information when they experience a change of name, address, phone, or emergency contact. Employees may maintain this information through the Munis self-services portal. 13.2 Medical Files Employee medical records* are personal and confidential and will be maintained in a separate medical file. Medical files are subject to the privacy restrictions imposed by the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The City of Iowa City will not release such information without the express written consent of the employee, except as required by law. *Worker's compensation files are maintained by Finance and are subject to Finance Department policy addressing access and security of those records. 13.3 Public Information The following employee information is classified as "Public Information" under Section 22.7 (11) of the Iowa Code and will, upon request, be provided to any individual or institution by Human Resources: • Employee name • Employee compensation including any written agreement establishing compensation or any other terms of employment excluding any information otherwise excludable from public information pursuant to Iowa Code Chapter 22.7 or any other applicable provision of law. Compensation includes any money, thing of value, or financial benefit conferred in return for labor or services rendered by an official or employee plus the value of benefits conferred including but not limited to casualty, disability, life, or health insurance, other health or wellness benefits, vacation, holiday, and sick leave, severance payments, retirement benefits, and deferred compensation. • Dates of employment • Positions held with the City • Educational institutions attended and degrees and/or diplomas earned • Previous employment information including names of previous employers, positions Personnel Policies Page 24 Rev. June 2021 previously held, and dates of previous employment • The fact that an individual resigned in lieu of termination, was discharged, or was demoted as the result of disciplinary action, and the documented reasons and rationale for the resignation in lieu of termination, the discharge, or the demotion. Should Iowa Code Section 22.7(11) or other Iowa law be amended to either enlarge or restrict what employee information is classified as "Public Information" under Iowa law, the City will modify its practices accordingly without further notice to employees. Information such as address, telephone number, birth date, social security number, etc. is not public information and will not be released unless requested in writing by the employee. 13.4 Job Description Copies of job descriptions are maintained by Human Resources and are available upon request or on the City's website. Job descriptions are periodically reviewed and updated as job duties and requirements change. 13.5 Position Classification All positions are classified according to job duties, responsibilities, entry requirements, and departmental needs. A major change in these factors may necessitate a review of job classification. Requests for review of a job classification may be addressed to the Human Resources Administrator by any employee, by a supervisor, or may be initiated by the Human Resources Administrator. All position classification review requests will be reviewed in accordance with applicable labor contract provisions. 13.6 Fair Labor Standards Act (FLSA) Classification All City positions have been classified as non-exempt or exempt under the Fair Labor Standards Act (FLSA). Non-exempt positions are eligible for overtime at a rate of one -and -one- half times their regular hourly rate for work in excess of 40 hours in a week. Exempt positions are not eligible for FLSA overtime. To be eligible for FLSA overtime a non-exempt employee must perform 40 hours of work in a week; paid time off such as sick leave and vacation does not count toward the 40 hours. Overtime is subject to supervisory authorization. Employees who work overtime without appropriate authorization may be subject to disciplinary action. Police Officers and Firefighters are subject to the FLSA 207(k) exemption. Firefighters are assigned to a 27-day/204 hour FLSA cycle and Police Officers are assigned to a 14-day/86 hour FLSA cycle. To report a FLSA complaint or violation employees may contact the Human Resources Administrator or City Attorney's office. 13.7 Employment of Relatives a. Management Conflict It shall be a violation of this policy for the spouse, domestic partner or partner by cohabitation, children', mother, father, son-in-law, daughter-in-law, mother-in-law, father-in-law, step-parent, brother2, sister2, brother-in-law, sister-in-law, grandparents Personnel Policies Page 25 Rev. June 2021 and grandchildren, foster child, persons who are parents of the same child, and persons with whom the employee is in an intimate relationship3 of the City Manager, Deputy City Manager, Assistant City Manager, City Clerk, City Attorney, Department Directors, Division Heads, or Human Resources staff to become employed by any department of the City. b. Chain of Command Conflict It shall be the general policy of the City that no person shall be hired, assigned, promoted, or transferred to a department of the City or to a division thereof when, as a result, the employee would routinely be directly or indirectly supervising or receiving direct or indirect supervision from a member of the employee's immediate family. For the purpose of this subsection "members of the immediate family" include all of the relationships identified under the Management Conflict provision (13.7 a) and also include aunt, uncle, niece, nephew, and first cousin4. When a prohibited familial relationship is created during the course of employment, reasonable efforts will be made to find an acceptable alternative or to eliminate the situation by transfer or reassignment of one of the employees. Affected employees will first be given the option of deciding which employee will transfer or be reassigned. If no choice is indicated, seniority will be the governing factor and the least senior employee will be subject to transfer, reassignment, or termination. Individuals actively employed by the City in violation of this expanded policy on November 1, 2011 will be grandfathered under the previous policy and allowed to remain City employees. 'This includes step -children and children for whom the employee stands in loco parentis (assumes parental responsibility). 2Brother and sister are defined to include step -siblings and half -siblings. 3An intimate relationship means a significant romantic involvement that need not include sexual involvement. An intimate relationship does not include casual social relationships or associations in a business or professional capacity. 4This policy applies to spouses of the familial relationships listed in both 13.7a and 13.7b. 13.8 Termination of Employment a. Resignation Employees are expected to give at least ten (10) working days' notice prior to the effective date of resignation. The notice should be in writing and directed to the immediate supervisor. Generally, the termination date shall be the employee's last day in attendance at work, except in cases of medical disability. Generally, employees will be required to be at work on their last day. Use of extended vacation time prior to separation from service is not allowed. Supervisors may approve no more than two calendar weeks of paid time off within the same calendar month immediately preceding the employee's resignation effective date. The intent for this provision is that accruals not be used for the purpose of extending benefits at City expense beyond the last month in which the employee actively worked for any significant time. Therefore, scheduling Personnel Policies Page 26 Rev. June 2021 vacation followed by a single, final workday in a new benefit period is considered contrary to the intent of this provision. b. Retirement Terminating employees may be considered retirees if they have submitted the appropriate forms to receive a retirement benefit from their applicable pension or retirement programs. Sworn employees in the Police and Fire Departments will retire under the Municipal Fire and Police Retirement System of Iowa (MFPRSI); other City employees will retire under the Iowa Public Employee Retirement System (IPERS). Employees must contact the retirement system directly to initiate the retirement application process. Generally, employees will be required to be at work on their last day. Extended vacation time prior to separation from service is not allowed. Supervisors may approve no more than two calendar weeks of paid time off within the same calendar month immediately preceding the employee's retirement effective date. The intent for this provision is that accruals not be used for the purpose of extending benefits at City expense beyond the last month in which the employee actively worked for any significant time. Therefore, scheduling vacation followed by a single, final workday in a new benefit period is considered contrary to the intent of this provision. c. Benefits Termination Upon notice of resignation, termination, or retirement being received by Human Resources, applicable information regarding continuation of insurance coverage, benefits payout, (PERS benefit or refund, final check, and other information will be forwarded to the employee. Human Resources will provide information to terminating employees, answer questions, and assist employees. However, it is the employee's responsibility to complete and submit all forms to the applicable agency. d. Exit Interviews Permanent employees will be provided an exit survey prior to their last day of employment. If an employee wishes to participate in an exit interview in addition to or in lieu of providing feedback via the exit survey, exit interviews will be conducted by Human Resources staff or City Manager's Office. Section 14: Safety All City employees are responsible for completion of job assignments in the safest manner possible. Prime consideration will be given to the safety of City employees and the public. Employees will not be required to and should not work in areas or operate equipment which is a safety hazard to themselves or the public. Employees are required to report unsafe working conditions to their immediate supervisor. The Iowa Occupational Health and Safety Administration establishes industrial standards for many City work functions. The City is committed to compliance with these and other applicable standards. a. Employees must wear appropriate safety equipment/clothing, as required. Employees will receive appropriate training and are expected to follow appropriate safety standards. Personnel Policies Page 27 Rev. June 2021 b. Employees must wear seatbelts in all vehicles that are equipped with seatbelts, as provided by state law. c. Smoking, including use of e -cigarettes or other vaping devices, is prohibited in all City vehicles, equipment, buildings, and grounds. d. City employees shall not wear or use radio headphones, earphones, or other similar devices at any time while at work, unless such devices are authorized by the Depart- ment Director/Division Head. Telephone headphones are permitted for business phones with the supervisor's approval. e. Employees will handle property and equipment of the City with due care appropriate to the nature of the work and equipment used. Writing, sending, viewing an electronic message or talking on a hand-held communication device while driving is strictly prohibited. Employees who act in a manner which endangers the safety of themselves or others are subject to disciplinary action up to and including termination of employment. f. Treatment for work related injuries must be provided by the provider designated by the City. Treatment by another physician will be allowed only upon referral from the City's designated treatment provider. Failure to use the City's designated treatment provider for a work-related injury may result in denial of payment of claims by Worker's Compensation. Worker's Compensation questions should be directed to the City's Risk Manager. Personnel Policies Page 28 Rev. June 2021 Item Number: 7.b. 1 4CITY OF IOWA CITY !kr4gi,'��� COUNCIL ACTION REPORT June 15, 2021 Resolution approving an agreement with Summer of the Arts, Inc. to allow the sale, consumption, and possession of beer and wine on City streets during Jazz Fest. Prepared By: Susan Dulek, Ass't. City Attorney Reviewed By: Geoff F ruin, City Manager Fiscal Impact: none Recommendations: Staff: Approval Commission: N/A Attachments: resolution agreement Executive Summary: The City Code authorizes Council to approve agreements that allow the sale and possession of alcohol on City streets. This resolution allows Summer of the Arts, Inc. to sell beer and wine in a demarcated area on Clinton St. and Iowa Ave. during Jazz Fest, which is shown on the diagram attached to the agreement. The agreement is substantially similar to the 2019 agreement. Background /Analysis: ATTACHMENTS: Description resolution agreement Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 Resolution No. 21-160 Resolution approving an agreement with Summer of the Arts, Inc. to allow the sale, consumption, and possession of beer and wine on City streets during Jazz Fest. Whereas, section 4-5-3D of the City Code allows private entities to sell and their customers to consume and possess alcohol in a city park, on public right-of-way or on a city ground excluding public buildings under limited circumstances; Whereas, Summer of the Arts, Inc. would like to be able to sell beer and wine in a demarcated area on a City street during Jazz Fest; and Whereas, it is in the City of Iowa City's interest to execute the attached agreement. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: The City Manager is authorized to sign the attached agreement and any needed amendments. Passed and approved this 15th day of June , 2021. OR Approve • City Attor ey's Office (Sue Dulek - 06/09/2021) It was moved by Salih and seconded by Taylor 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 2021 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND SUMMER OF THE ARTS, INC. TO ALLOW THE TEMPORARY AND LIMITED SALE, CONSUMPTION, AND POSSESSION OF BEER AND WINE ON CITY STREETS DURING IOWA CITY JAZZ FESTIVAL This Agreement is made between Summer of the Arts, Inc. ("SOTA") and the City of Iowa City, a municipal corporation ("City"), in Iowa City, Iowa. WHEREAS, SOTA is an "authorized entity" as that term is defined in section 4-5-3D of the City Code; WHEREAS, SOTA has applied for a license to sell beer and wine during the Iowa City Jazz Festival ("Jazz Fest") in downtown Iowa City; and WHEREAS, the parties wish to enter into an agreement to allow SOTA to sell beer and wine and to allow persons to possess and consume beer and wines under limited circumstances on downtown City streets. THE PARTIES THEREFORE AGREE AS FOLLOWS: 1. Authorized Site. In consideration for SOTA's promises herein, the City agrees to allow SOTA control over the area at the intersection of Clinton Street and Iowa Avenue as shown on the diagram which is attached, marked Exhibit A, and incorporated herein ("Jazz Fest authorized site" or "authorized site") during the Term of this agreement. 2. Term. This agreement shall commence at 11:30 am on July 3, 2021 and shall expire at 10:30 pm on July 3, 2021. 3. Access. SOTA shall take all reasonable steps to ensure that every person on the authorized site has a stamp or wrist band for entry or is an employee of, an independent contractor of, or volunteer for SOTA and shall exclude any person who is not. 4. License. This agreement is void if SOTA does not have a license to sell beer and wines on the Jazz Fest authorized site on July 3, 2021. 5. Sale of Beer and Alcohol Restrictions. SOTA shall only sell beer and wine to a person who is over twenty-one (21) years of age. SOTA acknowledges that the authorized site is subject to all applicable alcohol restrictions in the City Code including Section 4-5-8 of the Iowa City City Code that restricts entry to those over twenty-one (21) years of age after 10:00 p.m. with limited exception. 6. Advertisement. SOTA shall not, nor shall it allow anyone to, erect or place any sign or other matter advertising any brand of alcoholic liquor, beer, or wine upon the authorized site with the exception that signage may be placed on the interior tent wall. Sponsorship signage unrelated to businesses selling alcohol, beer, wine, or tobacco will be allowed. 7. Inspection. City staff, including the Iowa City Police Department, may periodically inspect the authorized site without any prior notice to determine compliance with the terms of this agreement. 8. Debris and Trash. SOTA shall be solely responsible for collecting all debris and trash from the authorized site, and the City shall then remove the debris and trash. If SOTA fails to do so and if City staff has to collect the debris and trash from the authorized site, SOTA may be responsible for the cost incurred by the City, including staff time, and shall pay the costs in full within thirty (30) days of receiving an invoice. 9. No Smoking. Smoking is prohibited in the authorized site, and SOTA shall post a no -smoking a sign at the front entrance to the authorized site and two signs inside the authorized site. The signs shall comply with Iowa Code Section 142D.6 (2021). Additionally, the use of electronic cigarettes is prohibited. Electronic cigarette means vapor product as defined in Section 453A.1 of the Code of Iowa (2021). 10.Temporary Toilet Facilities. SOTA shall provide at its sole cost the temporary toilet facilities shown on Exhibits A, including two (2) that are handicap accessible. 11. Occupancy and Exits. The maximum occupancy load of the Jazz Fest authorized site is 246. SOTA is solely responsible for maintaining the occupancy limit. SOTA shall post a sign with the maximum occupancy load inside the authorized site. SOTA shall maintain two (2) exits in the authorized site and post "exit" signs at both exits, with the location and size of the signs to be approved by the City Fire Department. Each exit must be a minimum 36 inches in width. 12. Anchoring and Drilling. SOTA shall not drill any holes into the pavement or the sidewalk and shall not anchor a tent tie down or pole to the pavement or the sidewalk. 13. Fencing. The authorized site shall be enclosed by fencing as approved by the City. 14. Fire Lane. SOTA shall maintain a fire lane of twenty feet (20') between the outside fence and the vendors across the street, unless approved by the Fire Code Official. 15. Insurance. a) Premises. Insurance. On July 3, 2021, SOTA shall carry comprehensive general liability insurance for bodily injury and property damage on the Jazz Fest authorized site in the amount of $1,000,000 (one million dollars) for each occurrence and $2,000,000 (two million dollars) in the aggregate and shall name the City as an additional insured. SOTA shall furnish a copy of a certificate of insurance for same, satisfactory to the City at the time of execution of this agreement. SOTA shall provide thirty (30) days notice to the City before cancellation of said insurance, and said cancellation shall automatically terminate this Agreement. b) Dram Shop Insurance. On July 3, 2021, SOTA shall carry "dram shop" insurance in compliance with Iowa Code section 123.92 (2021) in the 2 amount of $1,000,000 (one million dollars). SOTA shall provide thirty (30) days notice to the City before cancellation of said insurance, and said cancellation shall automatically terminate this Agreement. c) Governmental Immunities Endorsement. SOTA shall obtain a governmental immunities endorsement that meets the requirements set forth on Exhibit B, which is attached and incorporated herein. 16. Indemnification. SOTA shall pay on behalf of the City all sums which the City shall be obligated to pay by reason of any liability imposed upon the City for damages of any kind resulting from the use of the authorized site or sale, consumption, or possession of beer and wine on the authorized site, whether sustained by any person or person, caused by accident or otherwise and shall defend at its own expense and on behalf of the City, its officers, employees and agents any claim against the City, its officers, employees, and agents arising out of the use of the authorized site or sale, consumption, or possession of beer and wine on the authorized site. 17. Non -Discrimination. SOTA 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, promoting, or referring to employment. "Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. 18. Termination. The City may terminate this agreement upon written notice for violation of any provision of this agreement. 19. Assignment and Subletting. SOTA shall not assign or sublet this agreement without prior written approval of the City. 20. Entire Agreement. This constitutes the whole agreement between the parties, and may be modified in writing only, duly signed by the parties. Dated, this `'i. day of June, 2021. SUMMER OF THE A TS, INC. CIA.,61;._ 1 By: Lisa J. Barn THE CITY OF IOW/! ,C1T Y rte= �— By: Ge6ff Fruin, City Manager 3 City Attorney's Office N9. 1102E H 0Z s -48 EXHIBIT A 2021 Iowa City Jazz Festiva BEVERAGE GARDEN DIAGRAM 5011 t a a S x x x C X X X x X 9•10•41666 amtk P PIP P P RR SIDEWALK a X x of 1009. IF Exit i!1 XX x R R R X P FOOD VENDORS IFOOD VENDORS 1 EArl box ix 10ft Tsulodam IOWA AVENUE -1 Rory:unp. • Tn.& aectina LEGEND 6)1c /WA Bxnict& FOOD VINDORS 48" Reuad Tablas- 6 thin 7b TIcket1Ordfalati X fttlet1301001c0 Crar,o�lud EXHIBIT B Governmental Immunities Endorsement 1. Non -waiver of Government Immunity. The insurance carrier expressly agrees and states that the purchase of this policy and the including of the City of Iowa City, Iowa as Additional Insured does not waive any of the defenses of governmental immunity available to the City of Iowa City, Iowa, under Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. 2. Claims Coverage. The insurance carrier further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Iowa City, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurance carrier. Nothing contained in this endorsement shall prevent the carrier from asserting the defense of governmental immunity on behalf of the City of Iowa City. 4. Non -Denial of Coverage. The insurance carrier shall not deny coverage under this policy and the insurance carrier shall not deny any of the rights and benefits accruing to the City of Iowa City, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Iowa City, Iowa. 5. No Other Change in Policy. The insurance carrier, the City of Iowa City, Iowa, agree that the above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. Item Number: 7.c. , CITY OF IOWA CITY ,!47 COUNCIL ACTION REPORT June 15, 2021 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the 2021 Water Pavement Patching Project. Prepared By: Marri VanDyke, Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $117,240 available in the Water Divisions Operating Budget account # 73730130. Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: The 2021 Water Pavement Patching Project includes pavement repairs associated with water main breaks on various streets throughout Iowa City. The Project Manual was approved at the May 18, 2021 Council Meeting, and the engineer's estimated cost for construction was $132,000. Two (2) bids were submitted prior to the June 8, 2021 deadline: Bidder Name City Bid All American Concrete, Inc. West Liberty, Iowa $117,240 Bud Maas Concrete Iowa City, Iowa Non -Responsive All American Concrete, Inc. of West Liberty, Iowa submitted the lowest responsive, responsible bid of $117,240. Staff recommends awarding the Contract for the 2021 Water Pavement Patching Project to All American Concrete, Inc. Background /Analysis: Each year there are, on average, approximately 60 water main breaks within the City, and street and or sidewalk pavement typically needs to be removed and replaced in order to repair the water main. With limited resources and the emergency nature of the pavement repairs, the City is combining the pavement repairs at multiple main break sites into a single project to more efficiently address pavement damage resulting from water main breaks. Project Timeline: Award Date — June 15, 2021 Construction — June 2021 — November 2021 ATTACHMENTS: Description Resolution Prepared by: Marri VanDyke, Engineering Division, 410 E. Washington St, Iowa City, IA 52240 (319)356-5044 Resolution No, 21-161 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the 2021 Water Pavement Patching Project Whereas, All American Concrete, Inc. of West Liberty, Iowa, has submitted the lowest responsible bid of $117,240 for construction of the above-named project; and Whereas, funds for this project are available in the Water Divisions Operating Budget account # 73730130-473010; 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 All American Concrete, Inc., 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 15th day of June , 20 21 Attest : 1� City lerk It was moved by Salih adopted, and upon roll call there were: Ayes: x x x X x x x Approve by • City Attorny's Office (Sara Greenwood Hektoen - 06/09/2021 and seconded by Taylor the Resolution be Nays: Absent: Bergus Mims Salih Taylor Teague Thomas Weiner 7.C- Item Number: 7.d. , CITY OF IOWA CITY ,!47 COUNCIL ACTION REPORT June 15, 2021 Resolution accepting the work for the Wetherby Restroom Shelter, and Playground Upgrades Project. Prepared By: Ethan Yoder, Civil Engineer Reviewed By: Juli Seydell Johnson, Parks and 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: Engineer's Report Resolution Executive Summary: The project has been completed by Peak Construction Group, Inc. of North Liberty, Iowa, in substantial accordance with the plans and specifications. The Engineer's Report and Performance and Payment bonds are on file with the City Clerk. • Project Estimated Cost: • Project Bid Received: • Project Actual Cost: $584.600.00 $496,843.00 $528,731.28 Four (4) change orders occurred on this project and included changes to the water and electrical services, as well as additional construction survey work. Background /Analysis: The 2017 Park Master Plan identified Wetherby Park playground as being in fair/poor condition with accessibility concerns. The shelter also needed renovation due to maintenance concerns and increased use from splash pad users. This project replaced the park shelter, restrooms, playground and signage, and added a rubberized surface for the swing area and concrete paths for increased accessibility. ATTACHMENTS: Description Engineer's Report Resolution 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 May 26, 2021 Re: Wetherby Restroom, Shelter, and Playground Upgrades Project Dear City Clerk: I hereby certify that the Wetherby Restroom, Shelter, and Playground Upgrades Project has been completed by Peak Construction Group, Inc. of North Liberty, Iowa, in substantial accordance with the plans and specifications prepared by Snyder and Associates, Inc. The project was bid as a unit price contract and the final contract price is $528,731.28. There was a total of four (4) change or extra work orders for the project as described below: Water Service Splash Pad Electrical Additional Construction Survey Underground Site Electrical TOTAL $22,780.62 $4,402.16 $892,67 $3,812.83 $31,888.28 I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Jason Havel City Engineer I Prepared by: Ethan Yoder, Engineering Division, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 Resolution No. 21-162 Resolution accepting the work for the Wetherby Restroom Shelter, and Playground Upgrades Project. Whereas, the Engineering Division has recommended that the work for construction of the Wetherby Restroom Shelter, and Playground Upgrades Project, as included in a contract between the City of Iowa City and Peak Construction Group, Inc. of North Liberty, dated May 28, 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 the Wetherby Restroom, Shelter, and Playground Upgrades account # R4349; and Whereas, the final contract price is $528,731.28. 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 15th day of June Attest: #9 City Clerk It was moved by Salih adopted, and upon roll call there were: Ayes: x x x , 2021 Approved by J City Attorney's Office (Sara Greenwood Hektoen — 06/08/2021) and seconded by Taylor Nays: Absent: Bergus Mims Salih x Taylor x Teague x Thomas x Weiner the Resolution be Item Number: 7.e. , CITY OF IOWA CITY ,!47 COUNCIL ACTION REPORT June 15, 2021 Resolution approving agreement by and among Hodor's Holdings LLC, an Iowa limited liability company doing business at 2726 Independence Road, Iowa City, Iowa 52240, Adamantine Spine Moving, Inc. and the City of Iowa City. Prepared By: Wendy Ford, Economic Development Coordinator Reviewed By: Geoff Fruin, City Manager Fiscal Impact: The $28,499.25 grant will be funded by internal loan to be repaid from Scott Six Urban Renewal Area tax increment Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Grant Agreement Executive Summary: Adamantine Spine Moving, Inc. and Hodor's Holdings LLC have applied for an Energy Efficiency Grant for a project to install a Rooftop PV solar array to produce 100% of current energy needs of the building. The total project cost is $77,025 and the matching grant request after factoring in federal tax credits, is for $28,499.25. This project will be funded by the available tax increment in the Scott Six Urban Renewal Area. Background /Analysis: Adamantine Spine Moving, Inc. leases the building owned by Hodor's Holdings LLC for the operation of its moving company focused on providing energy efficient moving services. The building, which already has geothermal heating/cooling and LED lighting, is now taking the step to provide its own renewal energy. This solar project will be the first solar installation as they plan to add on in the future as they add electric vehicles to their fleet. They currently have one electric fork truck and plan to purchase their next electric vehicle in 2022. On August 6, 2019, Council declared a Climate Crisis and called on staff to accelerate action to address the climate crisis and limit global warming. To that end, Council adopted the I PCC (Intergovernmental Panel on Climate Change) targets of a 45% reduction in carbon emissions by 2030 and reaching "net -zero" by 2050. Amendment #2 to the Scott Six Urban Renewal Area created energy efficiency incentives for business and industry located within the urban renewal area. The goal of the program is to provide incentives to industry to improve energy efficiency, reduce carbon emissions required to power their plants and help the City achieve a 45% reduction in carbon emissions by 2030. The Scott Six Urban Renewal Area was established in 2002 to attract new business, boost business retention and expansion, and retain and attract new jobs to the area. Since then, the taxable valuation of the area has increased by more than $45.7 million and is now creating an unused available tax increment of more than $1.3 million each year. Tax increment comes from taxes paid by property owners in this industrial area and is the source for the matching funds on qualified industrial energy efficiency improvements. ATTACHMENTS: Description Resolution Grant Agreement idu IU ll loll lUIllDlIlU i Doo ID 028138550007 Type GEN Kind RESOLUTION Recorded: 06/22/2021 at 10:56:53 AN Fee Amt: $37.00 Page i of 7 Johnson County Iowa Kim Painter County Recorder BK6243 "774-7 80 STATE OF IOWA ) SS JOHNSON COUNTY rL� 444- od'a.gi ot. City of A IPA CC* - I, Kellie K. Fruehling, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No. 21-163 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 15th day of June 2021, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 21st day of June 2021. .�.L P 1 Kelli K. Fruehling City Clerk \res 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248 RESOLUTION NO. 21-163 Resolution approving agreement by and among Hodor's Holdings LLC, an Iowa limited liability company doing business at 2726 Independence Road, Iowa City, Iowa 52240, Adamantine Spine Moving, Inc. and the City of Iowa City. Whereas, the City has adopted an urban renewal plan (the "Urban Renewal Plan") that contemplates the use of tax increment financing to assist industrial users located in the urban renewal area in efforts to reduce their carbon emissions; and Whereas, the Urban Renewal Plan is described in Amendment No. 2 to the Scott Six Urban Renewal Plan, passed and approved by the City Council of the City of Iowa City, Iowa, pursuant to Resolution 20-187, on August 4, 2020 and recorded in Book 6091, Page 72-81, in the records of the Johnson County, Iowa Recorder; and Whereas, Borrower, an industrial user within the Urban Renewal Area, has applied for this assistance to fund improvements to its Facility that are anticipated to reduce its carbon emissions; NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. The attached Agreement by and among the City of Iowa City, Hodor's Holdings LLC, and Adamantine Spine Moving, Inc. is in the public interest of the residents of Iowa City; and Section 2. That said Agreement is consistent with and authorized by the Urban Renewal Plan and all applicable State and federal laws including, but not limited to, Iowa Code Chapters 15A and 403; and Section 3. That the Mayor is authorized and directed to execute the Agreement in a form approved by the City attorney, and the City Clerk is authorized and directed to attest the signature and to affix the seal of the City Clerk; and Section 4. That the Mayor and the City Clerk be and are hereby authorized and directed to take all such actions and do all such things as they shall determine to be necessary or appropriate to ensure the City's performance as provided therein; and Section 5. That the City Clerk be directed to certify and record the resolution Hodor's Holdings and/or Adamantine Spine Moving, Inc.'s expense; and Section 6. That the City Manager is hereby authorized to administer the terms of the Agreement. PASSED AND APPROVED this 15th day of June -1- , 2021. Resolution No. 21-163 Page 2 ATTEST: ,11-ttS Le City Clerk APPROVED: City Attorn (Sara Greenwood Hektoen — 06/09/2021) , It was moved by Salih and seconded by Taylor 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 -2- Prepared by: Wendy Ford, Econ Dev. Coordinator, 410 E. Washington St., Iowa City, IA 52240; 319-356-5248 Energy Efficiency YIF Grant Agreement This Grant Agreement is hereby made by and among Hodor's Holdings LLC ("Owner"), an Iowa limited liability company doing business at 2726 Independence Road, Iowa City, Iowa 52240, Adamantine Spine Moving, Inc. ("Borrower"), an Iowa corporation, whose address is 2726 Independence Road, Iowa City, Iowa 52240, and the City of Iowa City, Iowa, a municipal corporation whose address is 410 East Washington Street, Iowa City, Iowa 52240 ("City"). Whereas, the City of Iowa City has adopted an urban renewal plan that contemplates the use of tax increment financing to assist industrial users located in the Scott Six Urban Renewal Area in efforts to reduce their carbon emissions; and Whereas, said goals and projects are described in Amendment No. 2 to the Scott Six Urban Renewal Plan, passed and approved by the City Council of the City of Iowa City, Iowa, pursuant to Resolution 20-187, on August 4, 2020 and recorded in Book 6091, Page 72-81, in the records of the Johnson County, Iowa Recorder; and Whereas, Borrower, an industrial user within the Urban Renewal Area, has applied for this assistance to fund improvements to its facilities that are anticipated to reduce its carbon emissions; and Whereas, Borrower obtained federal tax credits anticipated to cover 26% of the project; and Whereas, the City is willing to assist Borrower in funding a portion of the actual project costs, less the value of federal tax credits, as further described below. Now, therefore, for the consideration described herein, the parties agree as follows: 1. Project: Borrower intends to install a Rooftop PV solar array to produce 100% of current energy use of the building, which already has geothermal heating/cooling and LED lighting on the property located at 2726 Independence Road, legally owned by • Owner and described below, by or before August 16, 2021. Borrower estimates the total construction costs will be $77,025, will reduce the need by 51,175 KwH/year to be supplied by the electric utility company, and will have an annual cost savings of $4,800. Legal description: Lot 35, Scott -Six Industrial Park, Iowa City, Iowa, according to the plat thereof recorded in Book 38, Page 137, in the Plat records of the Johnson County, Iowa Recorder. 2. Economic Development Grant In the event Borrower timely completes the Project described above and provides the City with evidence of invoices paid to contractors for Construction Costs in amounts that are equal to or exceed $77,025, then the City shall grant to Borrower a maximum $28,499.25, subject to the terms and conditions of this agreement. In no event shall the City's contribution toward this project exceed 50% of the total project cost after any Federal Tax Credits issued to Borrower, up to a maximum of $28,499.25 ("Principal Amount"). Should the project cost be less than the projected $77,025, the City's contribution will be limited to 50% of the actual Construction Costs after deducting the amount of Federal Tax Credits issued to Borrower. Construction Costs are defined as the cost for the equipment and installation of the equipment as detailed in the attached quote. 3. Source of Grant Funds Limited: Funds for this Economic Development Grant shall come from the Scott Six Urban Renewal Tax Increment Fund. 4. Maintenance, Operation and Reporting: Borrower agrees to construct, maintain, and operate the Project in excellent working condition in a manner consistent with the energy efficiencies described above for a period of three years. 81brrower must submit to the City three (3) annual reports detailing the monthly energy usage and `energy costs incurred for the above- described property compared to the monthly energy usage and energy costs incurred in the year before the Project was constructed. This comparison is material to the City's determination of whether the Project is being maintained and operated in accordance with this agreement. These reports shall be due annually on August 16. 5. Repayment Term: Borrower shall not be obligated to make payments toward the Principal Amount so long as Borrower satisfies the obligations described in Paragraphs 1 and 3 above. 6. Interest: No interest shall accrue on the Principal Amount during the term of this loan. 7. Release: The City shall forgive this Matching Grant on or about August .16, 2024, upon a determination made in its sole discretion that Borrower has satisfied the terms of this Agreement and issue a release to be recorded in the Johnson County Recorder's office at Borrower's expense. 8. Default and Remedy: If Borrower does not timely complete, maintain and operate the improvements as required herein, for three years from the completion of the Project, the Principal Amount shall be immediately due and payable 60 days after the City mails written notice to Borrower to cure the default at the address listed above and Borrower's failure to cure said default. The City reserves the right to pursue any other remedy available to it at law or equity to collect the amount then due. 9. Representations and Warranties: Owner and Borrower represent and warrant: (a) They are a company duly organized and validly existing under the laws of the State of Iowa and registered to do business in the State of Iowa and have all requisite power and authority to develop and construct the Project, to carry on their businesses as now conducted and as presently proposed to be conducted, and to enter into and perform their obligations under this Agreement; (b) This Agreement has been duly and validly authorized, executed and delivered by the Owner and Borrower and, assuming due authorization, execution and delivery by the City, is in full force and effect and is a valid and legally binding instrument of Owner and Borrower enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally; (c) Neither Owner, Borrower, nor any person or entity with an ownership interest of more than 25% of Owner or Borrower have been adjudicated guilty or liable in any judicial or administrative proceeding of committing a repeated or willful violation of the Iowa Wage Payment Collection law, the Iowa Minimum Wage Act, the Federal Fair Labor Standards Act or any comparable state statute or local ordinance, which governs the payment of wages in the last 5 years. 10. Contractor Labor Law Compliance: Owner and Borrower acknowledge that the City of Iowa City will not contract with nor provide any economic development incentives to any person or entity who has participated in wage theft by violation of the Iowa Wage Payment Collection law, the Iowa Minimum Wage Act, the Federal Fair Labor Standards Act (FLSA) or any comparable state statute or local ordinance, which governs the payment of wages. Misclassification of employees as independent contractors is a violation of the FLSA and is included in the definition of wage theft. Borrower agrees that it will require, in any construction contract for the Project the following written provisions, proof of which must be provided to City prior to the start of construction: a) Agreement by the General Contractor to comply with all state, federal and local laws and regulations, including, but not limited to the requirements of Iowa Code Chapter 91C (Contractor Registration with the Iowa Division of Labor), Iowa Code Chapter 91A (Iowa Wage Payment Collection Law), Iowa Code Chapter 91D (Minimum Wage), the Federal Fair Labor Standards Act, and the Internal Revenue Code; b) Agreement by the General Contractor to provide to the Borrower and the City no later than the filing of an application for issuance of a building permit, the names and addresses of each subcontractor and the dollar value of the work the subcontractor is expected to perform; c) Demonstration by the General Contractor that it has the capacity to meet all performance, and labor and material payment, bonding requirements relative to the Project. d) Providing to the City a certificate by the General Contractor's insurer that it has in force all insurance coverage required with respect to construction of the Project, including $1,000,000 Commercial General Liability Insurance and Worker's Compensation Insurance as required by Chapter 85, Code of Iowa. e) Demonstration by the General Contractor that it has required all subcontractors to agree, in writing, that the subcontractor will comply with all state, federal and local laws and administrative rules and regulations, including, but not limited to the requirements of Iowa Code Chapter 91C (Contractor Registration with the Iowa Division of Labor), Iowa Code Chapter 91A (Iowa Wage Payment Collection Law), Iowa Code Chapter 91D (Minimum Wage), the Federal Fair Labor Standards Act, and the Internal Revenue Code. 11. Indemnification: Owner and Borrower release the City and the governing body members, officers, agents, servants and employees thereof (hereinafter, "Indemnified Parties") from, covenant and agree that the Indemnified Parties shall not be liable for, and agree to indemnify, defend and hold harmless the Indemnified Parties against, any loss or damage to property or any injury to or death of any person occurring at or about, or resulting from any defect in, the Project or Owner's property described in Paragraph 1 above. 12. Covenant: This Agreement shall constitute a covenant running with the land and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Agreed to on this y `< day of /'is L` 2021. Borrower: City: By: Eric Jo rr�,S{ ( .eg',c title) Owner: By: (name, ti STATE OF IOWA ) SS: JOHNSON COUNTY ) Bruce Tea Attest: Kellie Fruehling, City Clerk Approved by: City Attorney Office — /-e/citven_ 4o19/2-1 CITY ACKNOWLEDGMENT On this day of __ 20 , before me, the undersigned, a Notary Public in and for the State of Iowa, pers ally appeared Bruce Teague, as Mayor, and Kellie Fruehling, as City Clerk, of the City of Iowa City, Iowa. IOWA CHRISTi'1E JLNEY Commission Numbs M Commission Ex{$Ws • 0.06292 nxpues Notary Public in a for the State of Iowa My commission expires: 9/6A3 BORROWER ACKNOWLEDGEMMENT STATE OF `c 0I4)a )SS COUNTY OF SHEILA WOOTOWN Commission Number 796078 MyCopynission Ezolres Ct. Oa This instrument was acknowledged before me on this __ day of /lilt, I, 2021, by %r'i C, -Jane-4 as D k mei' of Adamantine Splay Moving Inc. STATE OF \,QCL COUNTY OF Notary Public in and for the State of Iowa OWNER ACKNOWLEDGEMMENT )SS SHEILA WOOTONN Commission Number 796078 My sg ram lo This instrument was acknowledged before me on this /2 day of, 2021, by Ent- .J one4 , as dW11er of Hodor's Holdings/JILLC. Notary Public in and for the State of Iowa Item Number: 7.f. , CITY OF IOWA CITY ,!47 COUNCIL ACTION REPORT June 15, 2021 Resolution approving agreement by and between Iowa City Storage, LLC and the City of Iowa City. Prepared By: Wendy Ford, Economic Development Coordinator Reviewed By: Geoff Fruin, City Manager Fiscal Impact: The $93,777 grant will be funded by internal loan to be repaid from Heinz Road Urban Renewal Area tax increment Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Grant Agreement Executive Summary: Iowa City Storage LLC has applied for an Energy Efficiency Grant for a project to upgrade their interior lighting to LED and install a solar array to provide power to the building. The total project cost is $238,155 and the 50% matching grant request, after Federal Tax Credits are deducted, is $93,777. This project will be funded by the available tax increment in the Heinz Road Urban Renewal Area. Background /Analysis: Iowa City Storage recently purchased a formerly vacant warehouse at 2308 Heinz Road. They are remodeling the space to provide energy efficient self -storage units on two levels. All warehouse lighting will be replaced with motion controlled LED lighting, which requires less energy to operate and will also reduce the need for air conditioning because LEDs do not emit the heat that older lighting systems do. Calculated at 40 hours of operation per week, the lighting system for the same space using flourescent bulbs would require 97,610 kWh per year versus the 56,648 kWh required for the LED system. Further savings, estimated up to 80%, will be gained by motion control sensors which will leave lights off unless customers are present. The applicant will also be installing a 122.4 kW photo voltaic solar array that will produce the electricity required to run the operation thereby reducing the need for electricity from the local utility. On August 6, 2019, Council declared a Climate Crisis and called on staff to accelerate action to address the climate crisis and limit global warming. To that end, Council adopted the I PCC (Intergovernmental Panel on Climate Change) targets of a 45% reduction in carbon emissions by 2030 and reaching "net -zero" by 2050. Amendment #2 to the Heinz Road Urban Renewal Area created energy efficiency incentives for business and industry located within the urban renewal area. The goal of the program is to provide incentives to industry to improve energy efficiency, reduce carbon emissions required to power their plants and help the City achieve a 45% reduction in carbon emissions by 2030. The Heinz Road Urban Renewal Area was established in 2002 to attract new business, boost business retention and expansion, and retain and attract new jobs to the area. Since then, the taxable valuation of the area has increased by more than $21 million, and is now creating an unused available tax increment of more than $640,000 each year. Tax increment comes from taxes paid by property owners in this industrial area and is the source for the matching funds on qualified industrial energy efficiency improvements. ATTACHMENTS: Description Resolution Grant Agreement 11 IIfl II 1111111111111 Il1 II IIH 1I11 11II1 Doc ID 028138560007 Type: GEN Kind: RESOLUTION Recorded: 06/22/2021 at 10:59:38 AM Fee Amt: $37.00 Page 1 of 7 Johnson County Iowa Kim Painter County Recorder 8K6243PG781787 STATE OF IOWA ) ) SS JOHNSON COUNTY I ARE fpr p ir ittit. City of IPA cfroV* I, Kellie K. Fruehling, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No. 21-164 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 15th day of June 2021, all as the same appears of record in my office. Dated at Iowa :ity, Iowa, this 21st day of June 2021. Kellie . Fruehling City Clerk \res 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248 RESOLUTION NO. 21-164 Resolution approving agreement between Iowa City Storage LLC and the City of Iowa City. Whereas, the City has adopted an urban renewal plan (the "Urban Renewal Plan") that contemplates the use of tax increment financing to assist industrial users located in the urban renewal area in efforts to reduce their carbon emissions; and Whereas, the Urban Renewal Plan is described in Amendment No. 2 to the Heinz Road Urban Renewal Plan, passed and approved by the City Council of the City of Iowa City, Iowa, pursuant to Resolution 20-186, on August 4, 2020 and recorded in Book 6091, Page 38-48, in the records of the Johnson County, Iowa Recorder; and Whereas, Borrower, an industrial user within the Urban Renewal Area, has applied for this assistance to fund improvements to its Facility that are anticipated to reduce its carbon emissions; NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. The attached Agreement by and between the City of Iowa City Iowa and Iowa City Storage LLC is in the public interest of the residents of Iowa City; and Section 2. That said Agreement is consistent with and authorized by the Urban Renewal Plan and all applicable State and federal laws including, but not limited to, Iowa Code Chapters 15A and 403; and Section 3. That the Mayor is authorized and directed to execute the Agreement in a form approved by the City attorney, and the City Clerk is authorized and directed to attest the signature and to affix the seal of the City Clerk; and Section 4. That the Mayor and the City Clerk be and are hereby authorized and directed to take all such actions and do all such things as they shall determine to be necessary or appropriate to ensure the City's performance as provided therein; and Section 5. That the City Clerk be directed to certify and record the resolution at Iowa City Storage LLC's expense; and Section 6. That the City Manager is hereby authorized to administer the terms of the Agreement. PASSED AND APPROVED this 15th day of June , 2021. -1- Resolution No. 21-164 Page 2 ATTEST: V 2 City Jerk APPROVED: City Attorn (Sara Greenwood Hektoen — 06/09/2021) It was moved by Salih and seconded by Taylor the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bergus Mims Salih Taylor Teague Thomas Weiner -2- Prepared by: Wendy Ford, Econ. Dev. Coordinator, 410 E. Washington St., Iowa City, IA 52240; 319-356-5248 Energy Efficiency TIF Grant Agreement This Grant Agreement is hereby made by and between Iowa City Storage LLC, an Iowa limited liability company ("Borrower") whose address is 2308 Heinz Road, Iowa City, Iowa 52240, and the City of Iowa City, Iowa, a municipal corporation whose address is 410 East Washington Street, Iowa City, Iowa ("City"). Whereas, the City of Iowa City has adopted an urban renewal plan that contemplates the use of tax increment financing to assist industrial users located in the urban renewal area in efforts to reduce their carbon emissions; and Whereas, said plan is described in Amendment No. 2 to the Heinz Road Urban Renewal Plan, passed and approved by the City Council of the City of Iowa City, Iowa, pursuant to Resolution 20-186, on August 4, 2020 and recorded in Book 6091, Page 38-48, in the records of the Johnson County, Iowa Recorder; and Whereas, Borrower, an industrial user within the Heinz Road Urban Renewal Area, has applied for this assistance to fund improvements to its facilities that are anticipated to reduce its carbon emissions; and Whereas, Borrower obtained federal tax credits anticipated to cover 26% of the solar project; and Whereas, the City is willing to assist Borrower in funding a portion of the actual project costs, less the value of federal tax credits, as further described below. Now, therefore, for the consideration described herein, the parties agree as follows: 1, Project: Borrower Intends to install a Rooftop PV solar array to produce electricity required for Borrower's operations at 2308 Heinz Road, and to replace existing lighting with LED lighting, at the site legally described below, by or before November 22, 2021. Borrower estimates the total construction costs will be $238,155 and reduce required energy by using LED lighting and reduce electricity purchased through the local utility. Legal description: Lot 5, BDI Second Addition to Iowa City, Iowa according to plat thereof recorded in Book 19. Page 80 Plat records of Johnson County Iowa. 2. Economic Development Grant: In the event Borrower timely completes the Project described above and provides the City with evidence of invoices paid to contractors for Construction Costs in amounts that are equal to or exceed $238,155, then the City shall grant Borrower $93,777, subject to the terms and conditions of this agreement. In no event shall the City's contribution toward this project exceed 50% of the total project cost after Federal Tax Credits, up to a maximum of $93,777 ("Principal Amount"). Should the project cost be less than the projected $238,155, the City's contribution will be limited to 50% of the actual Construction Costs after Federal Tax Credits. Construction Costs are defined as the cost for the equipment and installation of the equipment as detailed in the attached quote. 3. Source of Grant Funds Limited: Funds for this Economic Development Grant shall come from the Heinz Road Urban Renewal Tax Increment Fund. 4. Maintenance, Operation and Reporting: Borrower agrees to construct, maintain, and operate the Project in excellent working condition in a manner consistent with the energy efficiencies described above for a period of three years. Borrower must submit to the City three (3) annual reports detailing the monthly energy usage and energy costs incurred for the above- described property compared to the monthly energy usage and energy costs incurred in the year before the Project was constructed. This comparison is material to the City's determination of whether the Project is being maintained and operated in accordance with this agreement. These reports shall be due annually on November 22. 5. Repayment Term: Borrower shall not be obligated to make payments toward the Principal Amount so long as Borrower satisfies the obligations described In Paragraphs 1 and 3 above. 6. Interest: No interest shall accrue on the Principal Amount during the term of this loan. 7. Release: The City shall forgive this Matching Grant on or about November 22, 2024, upon a determination made in its sole discretion that Borrower has satisfied the terms of this Agreement and issue a release to be recorded in the Johnson County Recorder's office at Borrower's expense. 8. Default and Remedy: If Borrower does not timely complete, maintain and operate the improvements as required herein, for three years from the completion of the Project, the Principal Amount shall be immediately due and payable 60 days after the City mails written notice to Borrower to cure the default at the address listed above and Borrower's failure to cure said default. The City reserves the right to pursue any other remedy available to it at law or equity to collect the amount then due. 9. Representations and Warranties: Borrower represents and warrants: (a) It is a company duly organized and validly existing under the laws of the State of Iowa and registered to do business in the State of Iowa and have all requisite power and authority to develop and construct the Project, to carry on their businesses as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under this Agreement; (b) This Agreement has been duly and validly authorized, executed and delivered by the Borrower and, assuming due authorization, execution and delivery by the City, is in full force and effect and is a valid and legally binding instrument of Borrower enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally; (c) Neither Borrower nor any person or entity with an ownership interest of more than 25% of Borrower have been adjudicated guilty or liable in any judicial or administrative proceeding of committing a repeated or willful violation of the Iowa Wage Payment Collection law, the Iowa Minimum Wage Act, the Federal Fair Labor Standards Act or any comparable state statute or local ordinance, which governs the payment of wages in the last 5 years. 10. Contractor Labor Law Compliance: Borrower acknowledges that the City of Iowa City will not contract with nor provide any economic development incentives to any person or entity who has participated in wage theft by violation of the Iowa Wage Payment Collection law, the Iowa Minimum Wage Act, the Federal Fair Labor Standards Act (FLSA) or any comparable state statute or local ordinance, which governs the payment of wages. Misclassification of employees as independent contractors is a violation of the FLSA and is included in the definition of wage theft. Borrower agrees that it will require, in any construction contract for the Project the following written provisions, proof of which must be provided to City prior to the start of construction: a) Agreement by the General Contractor to comply with all state, federal and local laws and regulations, including, but not limited to the requirements of Iowa Code Chapter 91C (Contractor Registration with the Iowa Division of Labor), Iowa Code Chapter 91A (Iowa Wage Payment Collection Law), Iowa Code Chapter 91D (Minimum Wage), the Federal Fair Labor Standards Act, and the Internal Revenue Code; b) Agreement by the General Contractor to provide to the Borrower and the City no later than the filing of an application for issuance of a building permit, the names and addresses of each subcontractor and the dollar value of the work the subcontractor is expected to perform; c) Demonstration by the General Contractor that it has the capacity to meet all performance, and labor and material payment, bonding requirements relative to the Project. d) Providing to the City a certificate by the General Contractor's insurer that it has in force all insurance coverage required with respect to construction of the Project, including $1,000,000 Commercial General Liability Insurance and Worker's Compensation Insurance as required by Chapter 85, Code of Iowa. e) Demonstration by the General Contractor that it has required all subcontractors to agree, in writing, that the subcontractor will comply with all state, federal and local laws and administrative rules and regulations, including, but not limited to the requirements of Iowa Code Chapter 91C (Contractor Registration with the Iowa Division of Labor), Iowa Code Chapter 91A (Iowa Wage Payment Collection Law), Iowa Code Chapter 91D (Minimum Wage), the Federal Fair Labor Standards Act, and the Internal Revenue Code. 11. Indemnification: Borrower releases the City and the governing body members, officers, agents, servants and employees thereof (hereinafter, "Indemnified Parties") from, covenant and agree that the Indemnified Parties shall not be liable for, and agree to indemnify, defend and hold harmless the Indemnified Parties against, any loss or damage to property or any injury to or death of any person occurring at or about, or resulting from any defect in, the Project or Borrower's property described in Paragraph 1 above. 12. Covenant: This Agreement shall constitute a covenant running with the land and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Agreed to on this 15 thday of June 2021. Borro ✓ City: By: Gary Edmonds, Manager Approved by: City Attorney Office — {{ STATE OF IOWA Bruce Attest: Kellie Fruehling, City Clerk later, b/9/2-1 CITY ACKNOWLEDGMENT ) SS: JOHNSON COUNTY ) On this 15kh day of 5f t fl'Q , 20before me, the undersigned, a Notary Public in and for the State of Iowa, personally appearedt5ruce l9615l4e, as Mayor, and ;JIieFrud,t, rt1 as City Clerk, of the City of Iowa City, Iowa, -/ ItiPp1�s CHRISTINEOLNEY 0 (Commission Number 606232 * * My9Co1n5/ o xpires IOWA II// STATE OF TAILIru*S COUNTY OF U-&rr' Notaryaga Public in and for State of Iowa My commission expires: 9/ BORROWER ACKNOWLEDGEMMENT )SS This instrument was acknowledged before me on this 9 day of J Witte 2021, by ,4ker ePmodO S as Az/Ada of Iowa City Storage LLC. OFFICIAL SEAL STACY L HANKS NOTARY PUBLIC -STATE OF ILLINOIS MY COMMISSION EXPIRES 10.6.2022 a&fruvu Notary Public Item Number: 7.g. 4CITY OF IOWA CITY !kr4gi,'��� COUNCIL ACTION REPORT June 15, 2021 Resolution approving agreement between Mondo's New Union Brewery, LC, and the City of Iowa City. Prepared By: Wendy Ford, Economic Development Coordinator Reviewed By: Geoff Fruin, City Manager Fiscal Impact: The $38,742.85 grant will be funded by internal loan to be repaid from Heinz Road tax increment Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Grant Agreement Executive Summary: Mondo's New Union Brewery, LC, has applied for an Energy Efficiency Grant for a project to install a Rooftop PV solar array to produce approximately 85% of energy requirements for its operations at 2319 Heinz Road. Total project costs are estimated to be $207,506 and the matching grant request after factoring in federal tax credits is $76,778. This project will be funded by the available tax increment in the Heinz Road Urban Renewal Area. Background /Analysis: Mondo's New Union Brewery began operations at the 2319 Heinz Road location in October of 2020 where they will ultimately be producing with 40 vats, or fermenters. The facility will complement their 10 vat system in Coralville and a 5 vat system planned for the new downtown location of the brewery. On August 6, 2019, Council declared a Climate Crisis and called on staff to accelerate action to address the climate crisis and limit global warming. To that end, Council adopted the I PCC (Intergovernmental Panel on Climate Change) targets of a 45% reduction in carbon emissions by 2030 and reaching "net -zero" by 2050. Amendment #2 to the Heinz Road Urban Renewal Area created energy efficiency incentives for business and industry located within the urban renewal area. The goal of the program is to provide incentives to industry to improve energy efficiency, reduce carbon emissions required to power their plants and help the City achieve a 45% reduction in carbon emissions by 2030. The Heinz Road Urban Renewal Area was established in 2002 to attract new business, boost business retention and expansion, and retain and attract new jobs to the area. Since then, the taxable valuation of the area has increased by more than $21 million, and is now creating an unused available tax increment of more than $640,000 each year. Tax increment comes from taxes paid by property owners in this industrial area and is the source for the matching funds on qualified industrial energy efficiency improvements. ATTACHMENTS: Description Resolution Grant Agreement !III IIi! 11111 Iii !IIIII1IIIUI II IiijIIIiIII IIIc Doc ID: 028138570007 Type GEN Kind: RESOLUTION Recorded: 06/22/2021 at 11:10:55 AM Fee Amt: $37.00 Page 1 of 7 Johnson County Iowa Kim Painter County Recorder pookraisiztri BK6243 P0788-79440,0 City of _04144. STATE OF IOWA ) SS JOHNSON COUNTY I, Kellie K. Fruehling, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No. 21-165 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 15th day of June 2021, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 21st day of June 2021. Kellie K. Fruehling City Clerk f) 7f) )c,Lc fres 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248 RESOLUTION NO. 21-165 Resolution approving agreement between Mondo's New Union Brewery, LC, and the City of Iowa City. Whereas, the City has adopted an urban renewal plan (the "Urban Renewal Plan") that contemplates the use of tax increment financing to assist industrial users located in the urban renewal area in efforts to reduce their carbon emissions; and Whereas, the Urban Renewal Plan is described in Amendment No. 2 to the Heinz Road Urban Renewal Plan, passed and approved by the City Council of the City of Iowa City, Iowa, pursuant to Resolution 20-186, on August 4, 2020 and recorded in Book 6091, Page 38-48, in the records of the Johnson County, Iowa Recorder; and Whereas, Borrower, an industrial user within the Urban Renewal Area, has applied for this assistance to fund improvements to its Facility that are anticipated to reduce its carbon emissions; NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. The attached Agreement by and between the City of Iowa City Iowa and Mondo's New Union Brewery, LC, is in the public interest of the residents of Iowa City; and Section 2. That said Agreement is consistent with and authorized by the Urban Renewal Plan and all applicable State and federal laws including, but not limited to, Iowa Code Chapters 15A and 403; and Section 3. That the Mayor is authorized and directed to execute the Agreement in a form approved by the City attorney, and the City Clerk is authorized and directed to attest the signature and to affix the seal of the City Clerk; and Section 4. That the Mayor and the City Clerk be and are hereby authorized and directed to take all such actions and do all such things as they shall determine to be necessary or appropriate to ensure the City's performance as provided therein; and Section 5. That the City Clerk be directed to certify and record the resolution at Mondo's New Union Brewery, LC, expense; and Section 6. That the City Manager is hereby authorized to administer the terms of the Agreement. PASSED AND APPROVED this 15th day of June 2021. -1- Resolution No. 21-165 Page 2 ATTEST: City'Clerk APPROVED: City Attorney, (Sara Greenwood Hektoen — 06/09/2021) i01111111-4"-- -Q4StAJL- It was moved by Salih and seconded by Taylor 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 -2- Prepared by: Wendy turd. boon. Unv. Coordinator, 410 E Waslunyto8 St.. Iowa City, IA 52240: 319-356-5248 Energy Efficiency TIF Grant Agreement 'I his Grant Agreement is hereby made by and between Mondo's New Union Brewery, LC, an Iowa limited liability company ["Borrower") whose address is 2319 Heinz Road, Iowa City, Iowa 52240, and the City of Iowa City, Iowa, a municipal corporation whose address is 410 East Washington Street, Iowa City. Iowa ("City"). Whereas, the City of Iowa City has adopted an urban renewal plan that contemplates the use of tax increment financing to assist industrial users located in the urban renewal area in efforts to reduce their carbon emissions: and r Whereas, said plan is described in Amendment No. 2 to the Heinz Road Urban Renewal Plan, passed and approved by the City Council of the City of Iowa City, Iowa, pursuant to Resolution 20-186, on August 4, 2020 and recorded in Book 6091. Page 38-48, in the records of the Johnson County, Iowa Recorder; and Whereas, Borrower, an industrial user within the Heinz Road Urban Renewal Area, has applied for this assistance to fund improvements to its facilities that are anticipated to reduce its carbon emissions: and Whereas, Borrower obtained federal tax credits anticipated to cover 26% of the project; and Whereas, the City is willing to assist Borrower in funding a portion of the actual project costs, less the value of federal tax credits, as further described below. Now, therefore, for the consideration described herein, the parties agree as follows: 1. Project: Borrower intends to install a Rooftop PV solar array to produce at least 29% of electricity required for Borrower's operations at 2319 Heinz Road, legally described below, by or before September 15, 2021. Borrower estimates the total construction costs will be $206,615, will reduce the need for electricity supplied by the local utility by 69% at start up and will have an annual cost savings of $14,356.89 during the first full year of operation. Legal description: Lot 3, B.D.I. Second Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 19, Page 80, Hat Records of Johnson County, Iowa, and Auditor's Parcel 2019080, a part of Lot 3, B.D.I. Second Addition to Iowa City, Johnson County, Iowa, according to the plat thereof recorded in Book 63, Page 85, Plat Records of Johnson County, Iowa. 2. Economic Development Grant: In the event Borrower timely completes the Project described above and provides the City with evidence of invoices paid to contractors for Construction Costs in amounts that are equal to or exceed $206,615. then the City shall grant Borrower $76,447.55, subject to the terms and conditions of this agreement. In no event shall the City's contribution toward this project exceed 50% of the total project cost after Federal Tax Credits, up to a maximum of $76,447.55 (Principal Amount"). Should the project cost be less than the projected $206,615, the City's contribution will be limited to 50% of the actual Construction Costs after Federal Tax Credits. Construction Costs are defined as the cost for the equipment and installation of the equipment as detailed in the attached quote. 3. Source of Grant Funds Limited: Funds for this Economic Development Grant shall come from the I leinz Road Urban Renewal Tax Increment Fund. 4. Maintenance, Operation and Reporting: Borrower agrees to construct, maintain, and operate the Project in excellent working condition in a manner consistent with the energy efficiencies described above for a period of three years. Borrower must submit to the City three (3) annual reports detailing the monthly energy usage and energy costs incurred for the above- described property compared to the monthly energy usage and energy costs incurred in the year before the Project was constructed. This comparison is material to the City's determination of whether the Project is being maintained and operated in accordance with this agreement. These reports shall be due annually on September 15. 5. Repayment Term: Borrower shall not be obligated to make payments toward the Principal Amount so long as Borrower satisfies the obligations described in Paragraphs 1 and 3 above. 6. Interest: No interest shall accrue on the Principal Amount during the term of this loan. 7. Release: The City shall forgive this Matching Grant on or about September 15, 2024, upon a determination made in its sole discretion that Borrower has satisfied the terms of this Agreement and issue a release to be recorded in the Johnson County Recorder's office at Borrower's expense. 8. Default and Remedy: If Borrower does not timely complete, maintain and operate the improvements as required herein, for three years from the' completion of the Project, the Principal Amount shall be immediately due and payable 60 days after the City mails written notice to Borrower to cure the default at the address listed above and Borrower's failure to cure said default. The City reserves the right to pursue any other remedy available to it at law or equity to collect the amount then due. 9. Representations and Warranties: Borrower represents and warrants: (a) It is a company duly organized and validly existing under the laws of the State of Iowa and registered to do business in the State of Iowa and have all requisite power and authority to develop and construct the Project, to carry on their businesses as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under this Agreement; (b) This Agreement has been duly and validly authorized, executed and delivered by the Borrower and, assuming due authorization, execution and delivery by the City, is in full force and effect and is a valid and legally binding instrument of Borrower enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally; (c) Neither Borrower nor any person or entity with an ownership interest of more than 25% of Borrower have been adjudicated guilty or liable in any judicial or administrative proceeding of committing a repeated or willful violation of the Iowa Wage Payment Collection law, the Iowa Minimum Wage Act, the Federal Fair Labor Standards Act or any comparable state statute or local ordinance, which governs the payment of wages in the last 5 years. 10. Contractor Labor Law Compliance: Borrower acknowledges that the City of Iowa City will not contract with nor provide any economic development incentives to any person or entity who has participated in wage theft by violation of the Iowa Wage Payment Collection law, the Iowa Minimum Wage Act, the Federal Fair Labor Standards Act (FLSA) or any comparable state statute or local ordinance, which governs the payment of wages. Misclassification of employees as independent contractors is a violation of the FLSA and is included in the definition of wage theft. Borrower agrees that it will require, in any construction contract for the Project the following written provisions, proof of which must be provided to City prior to the start of construction: a) Agreement by the General Contractor to comply with all state, federal and local laws and regulations, including, but not limited to the requirements of Iowa Code Chapter 91C (Contractor Registration with the Iowa Division of Labor), Iowa Code Chapter 91A (Iowa Wage Payment Collection Law), Iowa Code Chapter 91D (Minimum Wage), the Federal Fair Labor Standards Act, and the Internal Revenue Code; b) Agreement by the General Contractor to provide to the Borrower and the City no later than the filing of an application for issuance of a building permit, the names and addresses of each subcontractor and the dollar value of the work the subcontractor is expected to perform; c) Demonstration by the General Contractor that it has the capacity to meet all performance, and labor and material payment, bonding requirements relative to the Project. d) Providing to the City a certificate by the General Contractor's insurer that it has in force all insurance coverage required with respect to construction of the Project, including $1,000,000 Commercial General Liability Insurance and Worker's Compensation Insurance as required by Chapter 85, Code of Iowa. e) Demonstration by the General Contractor that it has required all subcontractors to agree, in writing, that the subcontractor will comply with all ;tate, federal and local laws and administrative rules and regulations, including, but not limited to the requirements of Iowa Code Chapter 91C (Contractor Registration with the Iowa Division of Labor), Iowa Code Chapter 91A (Iowa Wage Payment Collection Law), Iowa Code Chapter 91D (Minimum Wage), the Federal Fair Labor Standards Act, and the Internal Revenue Code. 11. Indemnification: Borrower releases the City and the governing body members, officers, agents, servants and employees thereof (hereinafter, "Indemnified Parties") from, covenant and agree that the Indemnified Parties shall not be liable for, and agree to indemnify, defend and hold harmless the Indemnified Parties against, any loss or damage to property or any injury to or death of any person occurring at or about, or resulting from any defect in, the Project or Borrower's property described in Paragraph 1 above. 12. Covenant: This Agreement shall constitute a covenant running with the land and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. / Agreed to on this yI day of—A 01"L, 2021. wer• Jim Mondana�o, Member City: Al .ea Bruc•iea:ue, Mayor Attest: _ 1' Kellie Fruehling, City Cler Approved by: G/(� City Attorney Office — /-Eaice:1 G/9 (z/ CITY ACKNOWLEDGMENT STATE OF IOWA SS: JOHNSON COUNTY On this(544-\ day oCR4 flQ , 2021, before me, the undersigned, a Notary�`Public in and for the State of Iowa, personally appearediiwcp, Ipa9DP, as Mayor, and r)0Iip.Fr'Uph)it'�G as City Clerk, of the City of Iowa City, Iowa. J CHRISTINE OLNEY Commission Num�i�eP' 8532 M C•mm STATE OF \A COUNTY OFJ Mara Notary Public in and foYthe State of Iowa My commission expires:q/Sloe BORROWER ACKNOWLEDGEMMENT )SS This instrument was acknowledged before me on this L1+I' day of a“1,1{ , 2021, by ,1 Yl 1 016 4 Gun al- t) , as G -LUVI [ i' of Mondo's New Union Brewery, LC. 4344P5-1,l,P,13Ac,b/ Notary Public Item Number: 7.h. , CITY OF IOWA CITY ,!47 COUNCIL ACTION REPORT June 15, 2021 Resolution approving agreement between Oral B Laboratories and the City of Iowa City. Prepared By: Wendy Ford, Economic Development Coordinator Reviewed By: Geoff Fruin, City Manager Fiscal Impact: The $200,000 grant will be funded by cash on hand in the Sycamore and First Avenue Urban Renewal Area TI F fund. Recommendations: Staff: Approval Commission: N/A Attachments: Grant Agreement Resolution Executive Summary: Oral B Laboratories, has applied for a $200,000 Energy Efficiency Grant for a $400,000 project to replace a Cooper/Joy air compressor unit with an Atlas Copco Variable speed drive (VSD) compressor. The VSD will enable precise control and energy savings vs the on/off characteristics of the current system. This project will be funded by the available tax increment in the Sycamore & First Avenue Urban Renewal Area. Background /Analysis: Compressed air is the main operating system in the Manual Oral Care Facility at 1832 Lower Muscatine Avenue. The system consists of 4 Atlas Copco compressors and one Cooper/Joy unit. The older Cooper Centrifugal unit prevents precise control and optimization of the system. The site 5 air compressors, (4) Atlas Copco screw type and (1) Cooper/Joy centrifugal, are all sized at -300 HP each. This project would replace the Cooper/Joy unit with an Atlas Copco Variable speed drive (VSD) unit joining all 5 compressors into the central controls system. The VSD will enable precise control and energy savings vs the on/off characteristics of the current system. The sizing of the new compressor also increases the capacity available for the site. This replacement is estimated to create energy savings of 354,317 kWh per year with an annual cost saving of $30,000 per year. On August 6, 2019, Council declared a Climate Crisis and called on staff to accelerate action to address the climate crisis and limit global warming. To that end, Council adopted the I PCC (Intergovernmental Panel on Climate Change) targets of a 45% reduction in carbon emissions by 2030 and reaching "net -zero" by 2050. Amendment #3 to the Sycamore & First Avenue Urban Renewal Area created energy efficiency incentives for business and industry located within the urban renewal area. The goal of the program is to provide incentives to industry to improve energy efficiency, reduce carbon emissions required to power their plants and help the City achieve a 45% reduction in carbon emissions by 2030. The Sycamore & First Avenue Urban Renewal Area was established in 2000 to attract new business, boost business retention and expansion, and retain and attract new jobs to the area. Since then, the taxable valuation of the area has increased by more than $14.8 million, now creating an unused available tax increment of more than $443,000. Tax increment comes from taxes paid by property owners in this industrial area and is the source for the matching funds on qualified industrial energy efficiency improvements. ATTACHMENTS: Description Resolution Grant Agreement STATE OF IOWA ) SS JOHNSON COUNTY loll iii d IOI1 Il Ifl IIOIIOI1O II 111 Doc ID 028142260007 Type GEN Kind RESOLUTION Recorded: 06/24/2021 at 11:18:57 AM Fee Amt: $37.00 Page 1 of 7 Johnson County Iowa Kim Painter County Recorder BK6245 PG312-318 wp.M VIII � ,,. City of A. I, Kellie K. Fruehling, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No. 21-166 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 15th day of June 2021, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 23rd day of June 2021. di 0 Kellie IC. Fruehling City Clerk \res 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248 Resolution No. 21-166 Resolution approving agreement between Oral B Laboratories and the City of Iowa City. Whereas, the City of Iowa City has adopted an urban renewal plan that contemplates the use of tax increment financing to assist industrial users located in the urban renewal area in efforts to reduce their carbon emissions; and Whereas, said plan is described in Amendment No. 3 to the Sycamore & First Avenue Urban Renewal Plan, passed and approved by the City Council of the City of Iowa City, Iowa, pursuant to Resolution 20-188, on August 4, 2020; and Whereas, Oral B Laboratories, an industrial user within the Urban Renewal Area, has applied for this assistance to fund improvements to its facilities that are anticipated to reduce its carbon emissions; and Whereas, the application has been evaluated by a qualified third -party engineering firm to determine and recommend the optimal energy efficiency solutions for Oral B Laboratories, NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That upon Oral B Laboratories timely completing the Project and providing the City with evidence of invoices paid to contractors for Construction Costs in amounts that are equal to or exceed $400,000, then the City shall grant Oral B Laboratories $200,000, subject to the terms and conditions of the attached agreement. Should the project cost be less than the projected $400,000, the City's contribution will be limited to 50% of the actual Construction Costs. Section 2. That Oral B Laboratories agrees to construct, maintain, and operate the Project in excellent working condition in a manner consistent with the energy efficiencies described above for a period of three years. Section 3. That Oral B Laboratories must submit to the City three (3) annual reports detailing the monthly energy usage and energy costs incurred for the above- described property compared to the monthly energy usage and energy costs incurred in the year before the Project was constructed. PASSED AND APPROVED this 15th day of June -1- , 2021. /Aar- Resolution No. 21-166 Page 2 ATTEST: City lerk APPROVED: L7 City Att ey (Sara Greenwood Hektoen — 06/09/2021) It was moved by Salih and seconded by Taylor the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x -2- Berg us Mims Salih Taylor Teague Thomas Weiner Prepared by: Wendy Ford, Econ. rev. Coordinator, 410 E. Washington St., Iowa City, IA 52240; 319-356-5248 Energy Efficiency TIF Grant Agreement This Grant Agreement is hereby made by and between Oral B Laboratories ("Borrower"), whose address is 1832 Lower Muscatine Ave., Iowa City, Iowa 52240, and the City of Iowa City, Iowa, a municipal corporation whose address is 410 East Washington Street, Iowa City, Iowa ("City"). Whereas, the City of Iowa City has adopted an urban renewal plan that contemplates the use of tax increment financing to assist industrial users located in the urban renewal area in efforts to reduce their carbon emissions; and Whereas, said plan is described in Amendment No. 3 to the Sycamore & First Avenue Urban Renewal Plan, passed and approved by the City Council of the City of Iowa City, Iowa, pursuant to Resolution 20-188, on August 4, 2020 and recorded in Book 6091, Page 82-92, in the records of the Johnson County, Iowa Recorder, and Whereas, Borrower, an industrial user within the Urban Renewal Area, has applied for this assistance to fund improvements to its facilities that are anticipated to reduce its carbon emissions; and Whereas, the application has been evaluated by a qualified third -party engineering firm to determine and recommend the optimal energy efficiency solutions for Borrower. Now, therefore, for the consideration described herein, the parties agree as follows: 1. Protect: Borrower intends to replace its Cooper/Joy air compressor unit with an Atlas Copco Variable speed drive compressor on the property located at 1832 Lower Muscatine Avenue, legally described below, by or before August 31, 2021. Borrower estimates the total construction costs will be $400,000, will save 354,317 KWH/year, and have an annual cost savings of $30,000. Lot 1, Mall Drive Subdivision, as shown on the plat thereof recorded in Book 28, page 17, in the records of the Johnson County, Iowa Recorder 2. Economic Development Grant: In the event Borrower timely completes the Project described above and provides the City with evidence of invoices paid to contractors for Construction Costs in amounts that are equal to or exceed $400,000, then the City shall grant Borrower $200,000, subject to the terms and conditions of this agreement. In no event shall the City's contribution toward this project exceed 50% of the total project cost, up to a maximum of $200,000 (Principal Amount"). Should the project cost be less than the projected $400,000, the City's contribution will be limited to 50% of the actual Construction Costs. Construction Costs are defined as: the cost for the equipment and installation of the equipment as detailed in the attached quote. 3. Source of Grant Funds Limited: Funds for this Economic Development Grant shall come from the Sycamore and First Avenue Urban Renewal Tax Increment Fund. 4. Maintenance, Operation and Reporting: Borrower agrees to construct, maintain, and operate the Project in excellent working condition in a manner consistent with the energy efficiencies described above for a period of three years. Borrower must submit to the City three (3) annual reports detailing the monthly energy usage and energy costs incurred for the above- described property compared to the monthly energy usage and energy costs incurred in the year before the Project was constructed. This comparison is material to the City's determination of whether the Project is being maintained and operated in accordance with this agreement. These reports shall be due annually on August 31. 5. Repayment Term: Borrower shall not be obligated to make payments toward the Principal Amount so long as Borrower satisfies the obligations described in Paragraph) and 4 above. 6. Interest: No interest shall accrue on the Principal Amount during the term of this loan. 7. Release: The City shall forgive this Matching Grant on or about August 31, 2024, upon a determination made in its sole discretion that Borrower has satisfied the terms of this Agreement and issue a release to be recorded in the Johnson County Recorder's office at Borrower's expense. 8. Default and Remedy: If Borrower does not timely complete, maintain and operate the improvements as required herein, for three years from the completion of the Project, the Principal Amount shall be immediately due and payable 60 days after the City mails written notice to Borrower to cure the default at the address listed above and Borrower's failure to cure said default. The City reserves the right to pursue any other remedy available to it at law or equity to collect the amount then due. 9. Representations and Warranties: Borrower represents and warrants: (a) It is a company duly organized and validly existing under the laws of the State of Iowa and registered to do business in the State of Iowa and have all requisite power and authority to develop and construct the Project, to carry on their businesses as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under this Agreement; (b) This Agreement has been duly and validly authorized, executed and delivered by the Borrower and, assuming due authorization, execution and delivery by the City, is in full force and effect and is a valid and legally binding instrument of Borrower enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally; (c) Neither Borrower nor any person or entity with an ownership interest of more than 25% of Borrower have been adjudicated guilty or liable in any judicial or administrative proceeding of committing a repeated or willful violation of the Iowa Wage Payment Collection law, the Iowa Minimum Wage Act, the Federal Fair Labor Standards Act or any comparable state statute or local ordinance, which governs the payment of wages in the last 5 years. 10. Contractor Labor Law Compliance: Borrower acknowledges that the City of Iowa City will not contract with nor provide any economic development incentives to any person or entity who has participated in wage theft by violation of the Iowa Wage Payment Collection law, the Iowa Minimum Wage Act, the Federal Fair Labor Standards Act (FLSA) or any comparable state statute or local ordinance, which govems the payment of wages. Misclassification of employees as independent contractors is a violation of the FLSA and is included in the definition of wage theft. Borrower agrees that it will require, in any construction contract for the Project the following written provisions, proof of which must be provided to City prior to the start of construction: a) Agreement by the General Contractor to comply with all state, federal and local laws and regulations, including, but not limited to the requirements of Iowa Code Chapter 91C (Contractor Registration with the Iowa Division of Labor), Iowa Code Chapter 91A (Iowa Wage Payment Collection Law), Iowa Code Chapter 91D (Minimum Wage), the Federal Fair Labor Standards Act, and the Internal Revenue Code; b) Agreement by the General Contractor to provide to the Borrower and the City no later than the filing of an application for issuance of a building permit, the names and addresses of each subcontractor and the dollar value of the work the subcontractor is expected to perform; c) Demonstration by the General Contractor that it has the capacity to meet all performance, and labor and material payment, bonding requirements relative to the Project. d) Providing to the City a certificate by the General Contractor's insurer that it has in force all insurance coverage required with respect to construction of the Project, including $1,000,000 Commercial General Liability Insurance and Worker's Compensation Insurance as required by Chapter 85, Code of Iowa. e) Demonstration by the General Contractor that it has required all subcontractors to agree, in writing, that the subcontractor will comply with all state, federal and local laws and administrative rules and regulations, including, but not limited to the requirements of Iowa Code Chapter 91C (Contractor Registration with the Iowa Division of Labor), Iowa Code Chapter 91A (Iowa Wage Payment Collection Law), Iowa Code Chapter 910 (Minimum Wage), the Federal Fair Labor Standards Act, and the Internal Revenue Code. 11. Indemnification: Borrower releases the City and the governing body members, officers, agents, servants and employees thereof (hereinafter, "Indemnified Parties") from, covenant and agree that the Indemnified Parties shall not be liable for, and agree to indemnify, defend and hold harmless the Indemnified Parties against, any loss or damage to property or any injury to or death of any person occurring at or about, or resulting from any defect in, the Project or Borrower's property described in Paragraph 1 above. 12. Covenant: This Agreement shall constitute a covenant running with the land and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Agreed to on this 8th day of June, 2021. By: Nathan A. Nelson, as Purchasing Director - NA Energy 715' (Initials) Marvin Sims Iowa City Oral B Plant Approved by: City Attorney Office — City: Bruce Attest: Kellie Fruehling, City Clerk kelt-lien Idgr yl CITY ACKNOWLEDGMENT STATE OF IOWA SS: JOHNSON COUNTY ) On this 15th day of (A fP__ 209 1 before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared (kwcte learaue as Mayor, and }ip.11ie Fruol(kI, as City Clerk, of the City of Iowa City, Iowa. CHRISTINE OLNEY Commisommi uioneExpires32 3 STATE OF Iowa Notary State of Iowa My commission expires: 16/9.. Nota Public in and f r the BORROWER ACKNOWLEDGEMMENT )SS COUNTY OF Johnson This instrument was acknowledged before me on this s Marvin Sims , as HS&E- Director 9th • •a ERIC W PEIPER rr. Commission Number 789070 My Commission Expires March 16, 2024 of Oral Bday Laboratories.ofJune 2021, by Notary Publi Item Number: 7.i. 4CITY OF IOWA CITY !kr4gi,'��� COUNCIL ACTION REPORT June 15, 2021 Resolution approving an amendment to the Subdivider's Agreement for Sandhill Estates, Part Four, Iowa City, Iowa. Prepared By: Sara Hektoen, Assistant City Attorney Reviewed By: Geoff Fruin, City Manager Fiscal Impact: N/A Recommendations: Staff: Approval Commission: N/A Attachments: Amended Subdivider's Agreement Executive Summary: At the time this subdivision final plat was approved, it was contemplated that the mailbox cluster was to be placed on an outlot to be owned and maintained by the HOA. The owners of the adjacent lot would like to own the outlot. They have entered into an agreement two allow continued use for the mailbox cluster by the neighbors. Background /Analysis: ATTACHMENTS: Description Resolution Amendment Page 1 of 1 BK: 6265 PG: 116 Recorded: 7/30/2021 at 10:55:11.0 AM County Recording Fee: $27.00 Iowa E -Filing Fee: $3.00 Combined Fee: $30.00 Revenue Tax: Kim Painter RECORDER Johnson County, Iowa Resolution Approving Amendment to Subdivider's Agreement Recorder's Cover Sheet Preparer Information: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, Telephone: (319)356-5030 Return Document To: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, Telephone: (319)356-5030 Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356-5030 Resolution No. 21-167 Resolution approving an amendment to the Subdivider's Agreement for Sandhill Estates, Part Four, Iowa City, Iowa Whereas, upon approval of the Sandhill Estates, Part Four, Iowa City, Iowa final plat, the owner and City entered into a subdivider's agreement stating that Outlet H would be used as a mailbox cluster to be owned and maintained by a homeowner's association; and Whereas, an adjacent property owner, James and Cathy Renk, desire to own Outlot H, subject to an easement for continued use of the outlet for the mailbox cluster; and Whereas, Staff has reviewed this request and recommends approval. Now, therefore, be it resolved by the City Council of the city of Iowa City, Iowa, that: 1 The Amendment to Subdivider's Agreement attached hereto is hereby approved. 2. The Mayor is authorized to sign and the City Clerk to attest any and all documentation necessary to effectuate this amendment, including the execution of the attached document, and to record all necessary documentation at James Renk and Cathy Renk's expense. Passed and approved this 15th day of June , 2021. ATTEST: Approved by City Alto ey's Office (Sara Greenwood Hektoen — 06/09/2021) It was moved by Salih and seconded by Taylor the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X x X X x X X Bergus Mims Salih Taylor Teague Thomas Weiner EXHIBIT A Prepared By: Michael W. Kennedy, 920 S. Dubuque Street, P.O, Box 2000, Iowa City, IA 52244-2000, (319)351-8181 Return to: Michael W. Kennedy, 924 S. Dubuque Street, P.O. Box 2000, Iowa City, IA 52244-2000, (319)351-8181 AMENDMENT TO SUBDIVIDER'S AGREEMENT FOR SANDHILL ESTATES - PART FOUR, IOWA CITY, IOWA WHEREAS, a Subdivider's Agreement dated February 1, 2016 and recorded March 31, 2016 in Book 5487, Page 712, Records of the Johnson County Recorder, was entered into by and between SG & M Properties, L.L.C., hereinafter called "SG & M," and the City of Iowa City, Iowa, a municipal corporation, hereinafter called the "City," and WHEREAS, SG & M conveyed its ownership interest in Outlot H of Sandhill Estates - Part Four to Prairie Heights Land, LLC, hereinafter called the "Owner" pursuant to a warranty deed dated April 30, 2019 and recorded May 1, 2019 in Book 5897, Pages 782-784, Records of ttte Johnson County Recorder, and WHEREAS, the Subdivider's Agreement is binding on Owner pursuant to Section 14 of the Subdivider's Agreement, and WHEREAS, Owner and City now desire to amend Section 13(E) of the Subdivider's Agreement in order that title to Outlot H of Sandhill Estates - Part Four may be conveyed to the current owners of Lot 102, Sandhill Estates - Part Four, and WHEREAS, Owner and City desire to reduce said amendment to writing, NOW, THEREFORE, it is agreed by the parties as follows: 1. Section 13(E) of the Subdivider's Agreement is amended to read as follows: "The Owner hereby agrees that title to Outlot H of Sandhill Estates - Part Four shall be conveyed to James Renk and Cathy Renk, husband and wife, who are the owners of Lot 102, Sandhill Estates - Part Four, subject to an access easement over 2 and across Outlot H in favor of the Sandhill Estates Homeowners Association and its members for the purpose of accessing and maintaining the mailbox cluster located on Outlot H." 2. In all other respects, the Subdivider's Agreement for Sandhill Estates - Part Four shall remain unchanged. DATED this i5+1"' day of _Lttl , 2021. OWNER: Prairie Hejghts Land, LLC Sandhill Estates Owners Association y: Caleb Wilson, Manager By: lr.rt A Le-hrv►artr► Pert -s.: 12.4 CITY: Bruce Teague, M,l� Approved by: Iketlept- k(/kr Sara Greenwood Hektoen,,City Attorney STATE OF IOWA ) ss: JOHNSON COUNTY ATTEST: Kellie Fruehling, Cit, Clerk This instrument acknowledged before me this to day of 2021, by Caleb Wilson, Manager of Prairie Heights Land, LLC Notary Puc in • 4d for the State of to1wa Commission EMOSOS J41� Commi Numbs/ 709848 My Cmm oission Expires %off May 4, 2024 STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument acknowledged before me this _ day of 2021, by Kck. L s ra \ of Sandhill Estates wners Association. STATE, OF IOWA JOHNSON COUNTY ) j) ss: ) otary % blic in and for the tate of Iowa i".UZABETH R. OSBORNE Commission Number 705312 17tirlsmTi This instrument acknowledged before me this 1614\ day of 3L40,2.... Dal , 2021, by Bruce Teague and Kellie Fruehling, as the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. otary Public in and f the State of Iowa CHRISTINE OLNEY 0 P. Commlizion Number 806232 M Commission Expires wn .•3 !('`:rc,r F?i Item Number: 7.j. 1 4CITY OF IOWA CITY !kr4gi,'��� COUNCIL ACTION REPORT June 15, 2021 Resolution authorizing the Mayor to sign and the City Clerk to attest Amendment Number 1 to the 28E agreement for fire protection services between the City of Iowa City and University Heights. Prepared By: John Grier, Fire Chief Eric Goers, City Attorney Reviewed By: Geoff Fruin, City Manager Eric Goers, City Attorney John Grier, Fire Chief Fiscal Impact: Under the terms of the Agreement, University Heights will pay Iowa City $34,343.00 for fiscal year 2022, with annual fees increasing in proportion to the Consumer Price Index. Recommendations: Staff: Approval Commission: Attachments: Resolution Agreement Amendment Executive Summary: This agenda item extends the existing fire protection agreement for an additional five years. University Heights approved the Agreement at their June 8, 2021 council meeting. Background /Analysis: Beginning July 1, 2016, the City of Iowa City and University Heights agreed to terms for Iowa City to provide fire protection services to University Heights through June 30, 2021. Both parties have reaped benefits of the Agreement and wish to extend the Agreement for an additional five years through June 30, 2026. Under terms of the Agreement, University Heights will pay Iowa City an annual fee of $34,343.00 for Fiscal Year 2022 with fee increases based on the Consumer Price Index. ATTACHMENTS: Description Resolution Amendment Number 1 - 28E Agreement for Fire Protection Services Iowa Secretary of State 321 East 12th Street Des Moines, IA 50319 sos.iowa.gov 28E Agreement Full Legal Name Organization Type County Party 1 City of Iowa City City Johnson Party 2 City of University Heights City Johnson Participants 210 - Fire Reponse Service Type FILED Filing Date: 06/2112021 04:41 PM Filing Number M513802 Amendment Number 1 to the 28E agreement (M509052 - Res 16-96) for fire protection services between the City of Iowa City and University Heights. (Res 21-168) Purpose 06/30/2026 Dui ahon 21-168.pdf Upload Scanned Agreemcut Contact Person: (Optional) Kellie Contact First Name Fruehling Contact Last Name City Clerk Job 1 itle City Clerk Department kellie-fruehling@iowa-city.org Emelt Address 1 319-356-5041 Phone Number Prepared by: Eric Goers, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 Resolution number 21-168 Resolution authorizing the Mayor to sign and the City Clerk to attest Amendment Number 1 to the 28E agreement for fire protection services between the City of Iowa City and University Heights. Whereas, Chapter 28E, Code of Iowa, provides, in substance, that any power which may be exercised by a public agency of this state may be exercised jointly with another public agency having such power; and Whereas, University Heights has previously contracted with Iowa City to provide fire protection to University Heights, starting July 1, 2016, and wishes to extend that agreement through June 30, 2026; and Whereas, the City is willing to continue to provide University Heights with fire protection, under the terms of the Agreement negotiated between the cities; and Whereas, under the terms of the Agreement, University Heights will pay Iowa City $34,343.00 for fiscal year 2022, with annual fees increasing in proportion to the Consumer Price Index, with either party able to terminate the Agreement with six months' notice to the other party; and Whereas, it is in the City's best interest to approve the attached Amendment Number 1 to the 28E Agreement for Fire Protection Services Now, Therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The attached Amendment Number 1 to the 28E Agreement for Fire Protection Services between the City of Iowa City, Iowa and University Heights, Iowa is hereby approved in substance, and the Mayor is hereby authorized to execute and the City Clerk to attest said Amendment in triplicate. 2. The Iowa City Fire Chief is authorized to continue to administer the Agreement on behalf of the City of Iowa City. 3. The City Clerk is directed to file a copy of said Amendment Number 1 to the 28E Agreement with the Secretary of the State of Iowa, as required by Iowa Code Chapter 28E. Passed and approved this 15th day of June 20 21 . or itt2- Resolution No. 21-168 Page 2 Attest: It was moved by Salih adopted, and upon roll call there were: Ayes: X Bergus x Mims x Salih X Taylor x Teague x Thomas X Weiner Nays: Approved by City Atto ey's Office — 06/09/2021 and seconded by Taylor the Resolution be Absent: Amendment Number 1 to 28E Agreement for Fire Protection Services This Amendment Number 1 is to the 28E Agreement for Fire Protection Services Agreement entered into by and between the City of Iowa City, hereinafter referred to as "Iowa City", and the City of University Heights, hereinafter referred to as "University Heights", on or about April 19m, 2016, hereinafter referred to as the "Agreement." Whereas, University Heights and Iowa City, hereinafter referred to as the "Parties", have both reaped the benefits of the Agreement over the period of the original term of the Agreement, and wish to extend the Agreement pursuant to section VII. of said Agreement; and Whereas, Iowa City and University Heights have agreed to a beginning annual fee of $34,343 for FY22, to continue increasing in accordance with the Consumer Price Index, per the terms of the Agreement; and Whereas, all other terms of the Agreement are to remain unchanged. Now, Therefore, in consideration of the mutual covenants and conditions contained in the Agreement and herein, the Parties agree to amend the Agreement as follows: • Section I. Duration, shall be amended by deleting it in its entirety and substituting the following: I. DURATION. The parties hereto agree the term of this Agreement shall be from July 1, 2016 through June 30, 2026. • Section IV. Financing shall be amended by adding the following language under the line "Fiscal Year 2017: $31,874.00": Fiscal Year 2022: $34,343.00 All other terms in the Agreement remain unchanged and in full force and effect. Upon approval and execution of this Amendment Number 1 by both Parties, the City Clerk of Iowa City shall file this Amendment with the Office of the Iowa Secretary of State as required by law. City of Iowa City 1 � ce Teague, Maypl Attest: Kelli Fruehling, Ci Clerk City of University Heights d L• is- A. From, Mayor Attest: C m at Christine M. Anderson, City Clerk Approved: ' / Appred: G , _ d N City Atto y — £o/A ) 21 City orney Iowa City Acknowledgment State of Iowa ) ss: Johnson County On this i 5 day of d(itn'P_— , 2021, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Bruce Teague and Kellie Fruehling, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in an't or the State of Iowa University Heights Acknowledgment State of Iowa ) ) ss: Johnson County ) On this 9th day of June, 2021, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Louise A. From and Christine M. Anderson, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. 1 Notaryublic in and for the State of Iowa .4 STEVEN E. BALLARD Y L !Commission Number® • or 141/6,1721.11r1 Item Number: 8.a. , CITY OF IOWA CITY ,!47 COUNCIL ACTION REPORT June 15, 2021 Resolution setting a public hearing on July 6, 2021 on project manual and estimate of cost for the construction of the 2021 Summer Sidewalk 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: Kim Sandberg, Program Assistant Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $100,000 available in the Sidewalk Operations account #22710220 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: This item begins the bidding process for the 2021 Summer Sidewalk Repair Project, which is an annual project that generally includes removal and replacement of existing sidewalk marked for repair as part of the City's annual Sidewalk Inspection Repair Program. Background /Analysis: As part of the City's Sidewalk Inspection Repair Program, Iowa City is divided into ten sections, and scheduled sidewalk inspections and repairs occur on a rotating ten-year schedule. Each year for the scheduled section, staff inspects sidewalks to identify sidewalk panels in need of repair. Following the inspections, adjacent property owners are notified of the need for repairs, and given the opportunity to have the repairs completed. If the repairs do not occur by the spring of the following year, the City bids a project to repair any remaining sidewalk panels that have not been repaired. Costs for the repairs are then billed to the adjacent property owner. In some locations, sidewalk panel damage is attributed to roots from right-of-way trees, public utility settlement or other City -owned assets. In these cases, the City covers the cost of the sidewalk repairs. Project Timeline: Set Public Hearing — June 15, 2021 Hold Public Hearing — July 6, 2021 Bid Letting — July 20, 2021 Award Date — July 27, 2021 Construction — August — October 2021 ATTACHMENTS: Description Resolution Prepared by: Kim Sandberg, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319)356-5139 Resolution No. 21-169 Resolution setting a public hearing on July 6, 2021 on project manual and estimate of cost for the construction of the 2021 Summer Sidewalks 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 Sidewalk Operations account # 22710220. 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 6th day of July, 2021, at 6:00 p.m. in the Assembly Room at The Center, 28 S Linn 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. 2. If City Council does not meet in person due to the health and safety concerns from COVID-19, the council meeting will be an electronic meeting using the Zoom Meetings. For information on how to participate in the electronic meeting, see www.icgov.org/councildocs or telephone the City Clerk at (319) 356-5043. 3. 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. 4. 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 15th day of June , 2021 Attest: M or It was moved by Salih adopted, and upon roll call there were: Ayes: x x x x x x x Approved by 't' -- City Attorn s Office (Sara Greenwood Hektoen - 06/08/2021) and seconded by Nays: Taylor Absent: Bergus Mims Salih Taylor Teague Thomas Weiner the Resolution be Item Number: 8.b. , CITY OF IOWA CITY ,!47 COUNCIL ACTION REPORT June 15, 2021 Resolution setting a public hearing on July 6, 2021 on project manual and estimate of cost for the construction of the Glendale Park Improvements 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: Ethan Yoder, Civil Engineer Reviewed By: Juli Seydell Johnson, Parks and Recreation Director Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: The estimated cost for base items in this project is $151,000.00. Total project budget include playground equipment purchase and consultant fees is $275,000. Funds are available in the Glendale Park Improvements account #R4366. Recommendations: Staff: Approval Commission: Parks & Recreation Commission reviewed and recommended design approval at May 12, 2021 meeting. Attachments: Rendering Resolution Executive Summary: This item begins the bidding process for the Glendale Park Improvements Project. This project generally includes removal and replacement of the existing playgrounds and a concrete path to the playground. Background /Analysis: The project for Glendale Park improvements is part of the 2017 Park Master Plan as the play area lacks accessible paths and safety surface. The improvements will include a concrete path to the new playground with shelter, and include an enhanced place to access the creek. A neighborhood meeting was held at the site on May 13, 2021 to review concept design and solicit feedback. Approximately 30 adults attended. The concept design and playground equipment options were also available on-line. Sixteen people completed the on-line project survey. Comments from the in person and on-line public input were taken into consideration with final adjustments to the concept design. Project Timeline: Public Hearing /Approve Project Manual — July 6, 2021 Bid Letting — July 21, 2021 Award Date — July 27, 2021 Construction Start — August 9, 2021 Final Completion — Fall 2021 ATTACHMENTS: Description Design Drawings Resolution Ea --17-1-1,_ / Prepared by: Ethan Yoder, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319)356-5145 Resolution No. 21-170 Resolution setting a public hearing on July 6, 2021 on project manual and estimate of cost for the construction of the Glendale Park Improvements 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 Glendale Park Improvements account # R4366. 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 6th day of July, 2021, at 6:00 p.m. in the Assembly Room at The Center, 28 S Linn 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. 2. If City Council does not meet in person due to the health and safety concerns from COVID-19, the council meeting will be an electronic meeting using the Zoom Meetings. For information on how to participate in the electronic meeting, see www.icgov.org/councildocs or telephone the City Clerk at (319) 356-5043. 3. 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. 4. 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 15th day of June , 2021 Attest: May Approved by y It was moved by Salih adopted, and upon roll call there were: Ayes: x x x x x x x L— City Attor ey's Office (Sara Greenwood Hektoen — 06/08/2021) and seconded by Taylor the Resolution be Nays: Absent: Bergus Mims Salih Taylor Teague Thomas Weiner 2 4 ' Item Number: 8.c. , CITY OF IOWA CITY ,!47 COUNCIL ACTION REPORT June 15, 2021 Resolution setting a public hearing on July 6, 2021 on project manual and estimate of cost for the construction of the Petsel Place Storm Sewer Improvements 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: Ben Clark, Sr. Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $220,000 available in the Petsel Place Storm Sewer Improvements account # M3636 Recommendations: Staff: Approval Commission: N/A Attachments: Location Map Pictures Resolution Executive Summary: This agenda item begins the bidding process for the Petsel Place Storm Sewer Improvements Project. The project involves upsizing the existing storm sewer and replacing associated pavement on Petsel Place. Background /Analysis: The existing storm sewer pipe at the west end of Petsel Place has reached the end of its useful life. Additionally, the pipe is undersized and the street is susceptible to nuisance flooding. This project will reconfigure the pavement and storm sewer intakes, as well as upsize the storm sewer to help alleviate nuisance flooding. ATTACHMENTS: Description Location Map Pictures Resolution PROJECT AREA N MTrek Blycl .r - ; r - r r - r .rJor.d. r T VILLA PARK ,• • spqnce,,6; Prepared by: Ben Clark, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319)356-5436 Resolution No. 21-171 Resolution setting a public hearing on July 6, 2021 on project manual and estimate of cost for the construction of the Petsel Place Storm Sewer Improvements 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 Petsel Place Storm Sewer Improvements account # M3636. 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 6th day of July, 2021, at 6:00 p.m. in the Assembly Room at The Center, 28 S Linn 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. 2. If City Council does not meet in person due to the health and safety concerns from COVID-19, the council meeting will be an electronic meeting using the Zoom Meetings. For information on how to participate in the electronic meeting, see www.icgov.org/councildocs or telephone the City Clerk at (319) 356-5043. 3. 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. 4. 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 15th day of J , 2021 Attest: Mayor It was moved by Salih U Approved by City Attorney's Office (Sara Greenwood Hektoen — 06/08/2021) and seconded by Taylor adopted, and upon roll call there were: Ayes: Nays: Absent: x Bergus x Mims x Salih x Taylor x Teague x Thomas x Weiner the Resolution be Item Number: 11. CITY OF IOWA CITY t4Z-1_,,�� COUNCIL ACTION REPORT June 15, 2021 Resolution approving project manual and estimate of cost for the construction of the Lower City Park and Kimball Road Storm Sewer Improvement Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Prepared By: Melissa Clow, Special Projects Administrator Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: The estimated construction cost for this project is $250,000 and will be funded by the Iowa City Gateway account #S3809 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: This project will address stormwater drainage issues at three locations near the Dubuque Street corridor, which includes: • Replace the storm sewer in Lower City Park from the access drive to the outfall at the Iowa River. Additional intakes will be placed to pick up low spots that are holding water in the park. • Add two storm sewer intakes on Kimball Road, east of the Gilbert Street intersection to improve drainage at this location. • Replace and extend a private driveway immediately north of Kimball Road and place a stormwater culvert underneath the drive to maintain drainage. • Site grading and paving included with these improvements. Background /Analysis: In Lower City Park, the existing corrugated metal pipe that carries runoff from the area and drains the City Park Pool has rusted out and is no longer functioning. Low spots have developed and are holding water after heavy rains. On Kimball Road, there are no storm sewer intakes upstream of this intersection. During heavy rains, stormwater runoff is flowing down the hill from the east and jumping the curb onto the sidewalk, causing erosion issues and leaving debris on the sidewalk and in the ADA curb ramp. The new intakes will capture much of this water before it can reach the intersection. The private drive north of Kimball Road was constructed to match the drainage ditch east of the Dubuque Street sidewalk and to stay within the federal NEPA limits of the Iowa City Gateway project. We have received complaints about the driveway, which holds debris where stormwater runoff passes over it. The estimated total cost of construction for the Project is $250,000. Funding for the improvements will be provided by the Iowa City Gateway account #S3809. Construction is expected to be completed by fall 2021. ATTACHMENTS: Description Resolution f( Prepared by: Melissa Clow, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319) 356-5413 Resolution No. 21-172 Resolution approving project manual and estimate of cost for the construction of the Lower City Park and Kimball Road Storm Sewer Improvement Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of 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 Engineer or designee intends to post notice of the project on the website owned and maintained by the City of Iowa City; and Whereas, funds for this project are available in the Iowa City Gateway account # S3809. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: 1. The project manual and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to 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 Builder of Iowa, and the Iowa League of Cities website. 4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 3:00 p.m. on the 12th day of July, 2021. 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 Assembly Room at The Center, 28 S Linn Street, Iowa City, Iowa, at 6:00 p.m. on the 27th day of July, 2021, or at a special meeting called for that purpose. If City Hall is closed to the public due to the health and safety concerns from COVID-19, sealed bids may still be delivered in person on Mondays through Fridays 8:00 am to 5:00 pm. The person delivering the sealed bid may come to the front lobby of City Hall, 410 E. Washington St., Iowa City, Iowa, and upon arrival telephone the City Clerk at 319/356-5043. 5. If City Council does not meet in person due to the health and safety concerns from COVID-19, the council meeting will be an electronic meeting using the Zoom Meetings. For information on how to participate in the electronic meeting, see www.icgov.org/councildocs or telephone the City Clerk at (319) 356-5043. Resolution No. 21-172 Page 2 Passed and approved this 15th day of June Attest: , 2021. It was moved by Salih adopted, and upon roll call there were: Approve City Attorn 's Office (Sara Greenwood Hektoen — 06/08/2021) and seconded by Mims Ayes: Nays: Absent: x Bergus x Mims x Salih x Taylor x Teague x Thomas x Weiner the Resolution be Item Number: 12. CITY OF IOWA CITY t4Z-1_,,�� COUNCIL ACTION REPORT June 15, 2021 Resolution approving the project manual and estimate of cost for the construction of the Nevada Avenue Sanitary Sewer Replacement Construction Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Prepared By: Joe Welter, Sr. Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $462,000 available in the Nevada Avenue Sanitary Sewer Replacement, Account #V3147 Recommendations: Staff: Approval Commission: N/A Attachments: Location Map Resolution Executive Summary: The Nevada Avenue Sanitary Sewer Replacement Project is located along the back yards of the residential properties between Nevada Avenue and Regal Lane from Lakeside Drive to Whispering Meadow Drive. The project generally includes: sanitary sewer pipes, sanitary sewer manholes, sanitary sewer service reconnection, street pavement, driveways, seeding, and sidewalk. Background /Analysis: The existing sanitary sewer system, along the back yards of the residential properties between Nevada Avenue and Regal Lane from Lakeside Drive to Whispering Meadow Drive, has a variety of deficiencies. Rehabilitation of the existing pipes was not feasible. Approximately 960 linear feet of new ten -inch and eight -inch pipe will be installed to replace the existing deficient pipe. Sanitary sewer services will be reconnected to the new main, and areas excavated for installation will be restored with pavement or seeding. Fences will be restored to the edge of existing permanent utility easements, which will provide a twenty -foot wide grassed corridor for future maintenance or repair activities. Anderson -Bogert Engineers & Surveyors, Inc. of Cedar Rapids, Iowa developed the design for this project and will be assisting City staff during bidding, letting, and construction. The engineer's estimated cost of construction is $462,000. ATTACHMENTS: Description Location Map Resolution Nevada Avenue Sanitary Sewer Replacement A Prepared by Joe Welter, Public Works, 410 East Washington Street, Iowa City, Iowa 52240, (319) 356-5144 Resolution No. 21-173 Resolution approving the project manual and estimate of cost for the construction of the Nevada Avenue Sanitary Sewer Replacement Construction Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of 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 Engineer or designee intends to post notice of the project on the website owned and maintained by the City of Iowa City; and Whereas, funds for this project are available in the Nevada Avenue Sanitary Sewer Replacement, Account Number V3147. Now, therefore, be it resolved by the Council of the City of Iowa City, Iowa, that: 1. The project manual and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to 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 Builder of Iowa, and the Iowa League of Cities website. 4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 3:00 p.m. on the 8th day of July, 2021. 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 Assembly Room at The Center, 28 S Linn Street, Iowa City, Iowa, at 6:00 p.m. on the 27th day of July, 2021, or at a special meeting called for that purpose. If City Hall is closed to the public due to the health and safety concerns from COVID-19, sealed bids may still be delivered in person on Mondays through Fridays 8:00 am to 5:00 pm. The person delivering the sealed bid may come to the front lobby of City Hall, 410 E. Washington St., Iowa City, Iowa, and upon arrival telephone the City Clerk at 319/356-5043. 5. If City Council does not meet in person due to the health and safety concerns from COVID- 19, the council meeting will be an electronic meeting using the Zoom Meetings. For information on how to participate in the electronic meeting, see www.icgov.org/councildocs or telephone the City Clerk at (319) 356-5043. Resolution No. 21-173 Page 2 Passed and approved this 15th day of June , 2021 Attest: It was moved by Salih adopted, and upon roll call there were: Ayes: x Approved by City Attorni's Office (Sara Greenwood Hektoen — 06/08/2021) and seconded by Weiner Nays: Absent: Bergus Mims Salih Taylor Teague Thomas Weiner the Resolution be Item Number: 13. CITY OF IOWA CITY t4Z-1_,,�� COUNCIL ACTION REPORT June 15, 2021 Resolution authorizing the Mayor to sign and the City Clerk to attest an Amended and Restated 28E Agreement with the City of University Heights for the sharing of property tax revenues. Prepared By: Sara Hektoen, Assistant City Attorney Reviewed By: Geoff Fruin, City Manager Fiscal Impact: No impact Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Amendment Executive Summary: During negotiations of the original 28E Agreement, staff and University Heights agreed in principle that a 50/50 sharing of tax revenue in perpetuity was the fairest outcome. The original 28E agreement was limited to a 40 year time period because the Iowa Code only allows the City Development Board to approve an agreement for revenue sharing for that time period. As indicated when the agreement was approved at the April 6, 2021 Council meeting, Staff now recommends that the agreement be amended to evenly split the property tax revenue for this approximate 3.6 acres of land in perpetuity. Background /Analysis: ATTACHMENTS: Description Resolution Amendment Exhibit A Exhibit B Iowa Secretary of State 321 East 12th Street Des Moines, IA 50319 sos.iowa.gov 28E Agreement Full Legal Name Organization Type County Party 1 City of Iowa City City Johnson Party 2 City of University Heights City Johnson Participants 650 - Finance & Tax Administration Service Type FILED Filing Date: 06/23/2021 09:55 AM Filing Number: M513817 Amended and Restated agreement with the City of University Heights and the City of Iowa City for the sharing of property tax revenues. (Res 21- 174) Previous agreement filed M513809. Indefinite 21-174.pdf Upload Scanned Agreement Contact Person: (Optional) Kellie Contact First Name Fruehling Contact Last Name City Clerk -- City Clerk kellie-fruehling@iowa-city.org 319-356-5041 Phone Number A i II 10011011 mm i Doc ID 028142250015 Type GEN Kind RESOLUTION Recorded: 06/24/2021 at 11:17:08 AM Fee Amt: $77.00 Pape 1 of 15 Johnson County Iowa Kim Painter County Recorder BK6245 Po297-311 STATE OF IOWA ) SS JOHNSON COUNTY 4,0 Fty of iek co, 11K4 C 1, Kellie K. Fruehling, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No. 21-174 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 15th day of June 2021, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 23rd day of June 2021. Kellie K. Fruehling City Clerk ( 6.12 e fres 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 3 Prepared by: Sara Hektoen, Assistant City Attorney, 410 E. Washington St, Iowa City, Iowa 52240 Resolution No. 21-174 Resolution authorizing the Mayor to sign and the City Clerk to attest an Amended and Restated 28E Agreement with the City of University Heights for the sharing of property tax revenues. Whereas, the City of University Heights, Iowa recently severed certain property owned by the Board of Regents of the State of Iowa for the Use and Benefit of the University of Iowa ("the Property"), comprising approximately 3.61 aces, pursuant to Iowa Code §§ 368.8 and 368.25A; and Whereas, the City of Iowa City, Iowa contemporaneously annexed the Property pursuant to Iowa Code §§ 368.7 and 368.25A, and approved rezoning of the Property for development of an active -adult multi -residential use; and Whereas, the City of University Heights and the City of Iowa City adopted various Resolutions and took related action to accomplish the severance and annexation ("Boundary Adjustment"); and Whereas, the City Development Board of the State of Iowa approved the Boundary Adjustment at its meeting May 12, 2021, in accordance with Iowa Code § 368.25; and Whereas, as part of the Boundary Adjustment, the City of University Heights and the City of Iowa City entered into an agreement pursuant to Iowa Code Ch. 28E for the sharing of property tax revenues from the Property; and Whereas, the City of University Heights and the City of Iowa City now desire to Amend and Restate the 28E Agreement in these particulars: Whereas, the remaining provisions of the existing 28E Agreement not modified by these particular amendments remain inviolate and are set forth in the Amended and Restated 28E Agreement Between the City of University Heights and the City of Iowa City; and Whereas, the City Council of the City of Iowa City finds and concludes that the Amended and Restated 28E Agreement for revenue-sharing is in the best interests of the City and will promote the safety, health, prosperity, comfort, convenience, and general welfare of the City and its residents, Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: 1. The attached Amended and Restated 28E Agreement between the City of University Heights and the City of Iowa City is hereby approved; and 2. The Mayor is hereby authorized to execute and the City Clerk to attest the Amended and Restated 28E Agreement on behalf of the City in the form attached. Existing Agreement Amended Agreement Revenue Division 53% University Heights 47% Iowa City 50% University Heights 50% Iowa City Agreement Duration 40 years Perpetuity Whereas, the remaining provisions of the existing 28E Agreement not modified by these particular amendments remain inviolate and are set forth in the Amended and Restated 28E Agreement Between the City of University Heights and the City of Iowa City; and Whereas, the City Council of the City of Iowa City finds and concludes that the Amended and Restated 28E Agreement for revenue-sharing is in the best interests of the City and will promote the safety, health, prosperity, comfort, convenience, and general welfare of the City and its residents, Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: 1. The attached Amended and Restated 28E Agreement between the City of University Heights and the City of Iowa City is hereby approved; and 2. The Mayor is hereby authorized to execute and the City Clerk to attest the Amended and Restated 28E Agreement on behalf of the City in the form attached. Resolution No. 21-174 Page 2 3. The City Clerk is hereby authorized and directed to certify this resolution and record the fully executed amendment, upon approval by the City Council of University Heights, with the Johnson County, Iowa Recorder. Passed and approved this 15th day of June Attest: City Clerk , 2021. Approved by: City Attorney's Offic (Sara Greenwood Hektoen — 06/09/2021) 2 Resolution No. 21-174 Page 3 It was moved by Bergus and seconded by Mims 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 AMENDED AND RESTATED 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF UNIVERSITY HEIGHTS REGARDING A VOLUNTARY SEVERANCE OF PROPERTY FROM UNIVERSITY HEIGHTS AND VOLUNTARY ANNEXATION OF THE PROPERTY INTO IOWA CITY This Agreement is entered into on this 15th day of June , 2021 between the City of Iowa City, Iowa, a municipal corporation ("Iowa City") and the City of University Heights, Iowa, a municipal corporation ("University Heights"). Iowa City and University Heights may also be referred to individually as a "Party", and collectively as the "Parties". Whereas, the Board of Regents of the State of Iowa for the Use and Benefit of the University of Iowa (hereinafter "University) is the owner of a 3.61 acre tract located at 1360 Melrose Avenue in University Heights legally -described as follows and shown on the plat attached hereto as Exhibit "A": A PORTION OF LOT 1 OF UNIVERSITY ATHLETIC CLUB SUBDIVISION, AND A PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 17, OF TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Commencing at the Northeast Corner of Section 17, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Johnson County, Iowa; Thence S88°51'11"W, along the North Line of the Northeast Quarter of said Section 17, a distance of 656.83 feet, to the Point of Beginning; Thence S01°08'49"E, 237.28 feet, to a Point on the East Line of Lot 1 of University Athletic Club Subdivision, in accordance with the Plat thereof Recorded in Plat Book 38 at Page 306 of the Records of the Johnson County Recorder's Office; Thence S86°17'36"W, along said East Line, 46.00 feet; Thence S61°52'41"W, along said East Line, 61.55 feet; Thence S00°03'18"E, along said East Line, 225.16 feet, to the Southeast Corner thereof; Thence N75°44'24"W, along the South Line of said Lot 1, and the Northerly Right - of -Way Line of Melrose Avenue, 192.89 feet; Thence N80°37'39"W, along said South Line and Northerly Right -of -Way Line, 107.44 feet, to the Southwest Corner of said Lot 1; Thence N00°05'06"W, along the West Line of said Lot 1, and the Northerly Projection thereof 421.60 feet, to its intersection with the North Line of the Northeast Quarter of said Section 17; Thence N88°51'1 1"E, along said North Line, 388.89 feet, to the Point of Beginning. Said Annexation Tract contains 3.61 Acres and is subject to easements and restrictions of record. (hereinafter "Subject Tract") Whereas the University has filed a voluntary application with University Heights to sever the Subject Tract from University Heights and has filed a voluntary application with the City of Iowa City to annex the Subject Tract into the City of Iowa City in order to facilitate a long-term ground lease to a third party for development of an active adult multi -residential use on a 6.12 acre tract as shown on the attached Exhibit "B" (hereinafter referred to as "Finkbine Tract"); and, Whereas, the Finkbine Tract currently includes property that is located partially within the jurisdictional boundaries of Iowa City and partially within the jurisdictional boundaries of University Heights; said severance and annexation will shift the boundary between the two cities to the east and allow the development to occur entirely within one municipality; and, Whereas, simultaneously with the application for annexation the University has filed an application for rezoning of the Finkbine Tract with Iowa City to OPD/RM-20/P-2 which reflects a proposed planned development overlay zone (OPD), the proposed multi -residential base zone (RM -20), and the University's ownership of the land, which will be maintained (P-2); and, Whereas, the Finkbine Tract is currently vacant ground owned by the University and does not generate any property tax revenue; the long-term lease and development will generate property tax revenue; and, Whereas, University Heights previously approved said severance and the City of Iowa City previously approved said annexation and State City Development Board approved the severance and annexation at its meeting May 12, 2021, Now, therefore, in consideration of the mutual covenants and conditions contained herein, and for other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, Iowa City and University Heights agree as follows: 1. Incorporation of Recitals. The foregoing recitals are incorporated herein as if fully set forth in this paragraph. 2. Agreement to Annexation. Whereas, University Heights has agreed to said severance and Iowa City has agreed to said annexation. 3. Rezoning. The Parties agree in concept that a rezoning of the Finkbine Tract to OPD/RM-20/P-2 under the City Code of the City of Iowa City to allow for development of an active adult multi -residential use is a desirable and appropriate use of the Finkbine Tract and that the severance and annexation were conditioned on a rezoning to OPD/RM-20/P-2 by the City Council of the City of Iowa City. 4. Sharing of Property Tax Revenues. The parties agree that they will share the property tax revenue collected by Iowa City for the Finkbine Tract in perpetuity beginning with the year in which tax revenue is first collected by Iowa City for the Finkbine Tract. Iowa City will remit 50% of the tax revenue received by Iowa City each fiscal year to University Heights in two installments. The first installment will be paid by December 31 and the second installment by June 30 of that fiscal year. 50% of any delinquent taxes received after June 30 for a given fiscal year shall be paid to University Heights on or before September 30 of the subsequent fiscal year. So, for instance, if the initial property tax assessment is on January 1, 2021, taxes would accrue on that assessment from July 1, 2021 through June 30, 2022 and taxes would be paid on that assessment by property owners to the County Treasurer by September 30, 2022 and March 30, 2023 and thereafter paid to Iowa City by the 2 County. Tax collections received by Iowa City would be remitted to University Heights by December 31, 2022 and June 30, 2023 during fiscal year 2022-23 and the additional receipts shall be remitted in succeeding fiscal years in perpetuity. 5. Notice. Notice by Iowa City to University Heights must be in writing and addressed to: City Clerk, City of University Heights, IA 1302 Melrose Avenue, Iowa City, IA 52246. Notice by University Heights to Iowa City must be in writing and addressed to: City Clerk, City of Iowa City, IA, 410 E. Washington St., Iowa City, IA 52240. Notice shall be effective as follows: On the date of delivery if hand delivered or 3 days after the date of mailing if by U.S. mail. 6. Entire Agreement. This Agreement sets forth all the covenants, promises, agreements, and conditions between Iowa City and University Heights concerning said severance and annexation and there are no other covenants, promises, agreements, or conditions, either oral or written, between them. This Agreement may not be modified or amended in any manner except by an instrument in writing executed by the Parties. 7. No Separate Legal Entity. No separate legal entity is being created for purposes of this Agreement. 8. Purpose. The purpose of this Agreement is for the Parties to memorialize the terms of the parties' agreement for revenue sharing related to the severance and annexation in accordance with Iowa law. 9. Administration. The Finance Director of Iowa City and Mayor of University Heights shall administer this Agreement on behalf of Iowa City and University Heights, respectively. 10. Duration/Termination. This Agreement will go into effect upon passage by the Parties' City Councils and the filing and recording of this Agreement as provided in Section 11 hereof. This Agreement shall remain in effect in perpetuity unless otherwise terminated earlier by the written agreement of the parties. 11. Filing/Recording. Upon approval and execution of this Agreement by Iowa City and University Heights, the City Clerk of Iowa City shall file this Agreement with the Office of the Iowa Secretary of State as required by law and record this Agreement with the Johnson County Recorder. 12. Termination Prior Agreement. The parties' agree and acknowledge that a prior agreement entered into and signed April 6, 2021 calling for revenue sharing of 53% University Heights and 47% Iowa City for a period of 40 years shall be and is terminated and held for naught as of the adoption of this Amended and Restated 3 Agreement by the City Council of the City of University Heights and the City Council of the City of Iowa City. CITY OF IOWA CITY, IOWA ce Teague, Mayor Attest: CITY OF UNIVERSITY HEIGHTS, IOWA Kellie Fruehling, y Clerk Approved: City Attorney 4IlaIZ( [REMAINDER OF PAGE INTETIONALLY LEFT BLANK.] Attest: A. From, Mayor ebt cTh. al Christine M. Anderson, City Clerk istia. u City Attorney 4 IOWA CITY ACKNOWLEDGMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This record was acknowledged before me on this 15th day of , 2021, by Bruce Teague, as Mayor, and Kellie K. Fruehling, as City Clerk, on behalf of the City of Iowa City, Iowa. ,$s CHRISTINE OLNEY o „ "� Commission Number 606232 i 1iatt * My�omm5issjgn Aires OWA UNIVERSITY HEIGHTS ACKNOWLEDGMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) Notary Public in and for tate of Iowa This record was acknowledged before me on this 9th day of June, 2021, by Louise A. From, as Mayor, and Christine M. Anderson, as City Clerk, on behalf of the City of University Heights, Iowa. 5 A�. Notary Public in and for the State of Iowa NORTH QUARTER CORNER aF SECTION 17-T79N-RAW OF THE FIFTH P.M. FOUND 5\6' PIN W\ LS CAP 12531 1546199' NWS aNE4 SECTION 17 -MN -ROW ANNEXATION EXHIBIT A PORTION OF LOT 1 OF UNIVERSITY ATHLETIC CLUB SUBDIVISION, A PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 17, OF TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN UNIVERSITY HEIGHTS , JOHNSON COUNTY, IOWA FIL JKR(lu`OE GOLF Co[19G3' E N88'51.11 "E CENTERLINE FINKSINE COMMUTER DRIVE FIROKE tONO GOLF COURSE CITY OF IOWA CO 010 25 50 75 00 GRAPHIC SCALE IN FEET 1"=10U EXISTING CORPORATE LIMITS l _ of - '7.48,0-,3;•44: 3N, - 1111111 I a inel,N85 1111'E Point of Beginning SECTIOIM OITi7 SOF M;nT, G:l NORTHEAST CORNER OF SECTION 17-T79N-R6W OF THE FIFTH P.M. FOUND 5\8' PIN W\ YELLOW PLASTIC LS CAP 6165 NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 17 BOOK 38 AT PAGE 156 656.52' 58851'11'= 1 UNIVERSITY ATHLETIC CLUB SUB MOWN N WI R 0 mei Ili RAT TtS72Le MOWED N RAT PO* * AT MP AR Q TIG MOKPO PPE ,ANION GANTY 'S peed City of Iowa City Proposed Annexation 3.61 AC NE4 -POET SEC—non17-t76N-ROW SOUTHWEST CORNER DE LOT 1 71- t\ \OTY OF Mk9UVOI\ $ITY H EOG Meta LEGEND AND NOTES - CONGRESSIONAL CORNER, FOUND A - CONGRESSIONAL CORNER. REESTABLISHED - CONGRESSIONAL CORNER. RECORDED LOCATION • - PROPERTY CORNER(S). FOUND (ca noted) o - PROPERTY CORNERS SET (5/8' Iron Pin w/ ywllow, ploalie LS Cop wmbosaed with 'MMS" ) ® - CUT 'XC - PROPERTY h/or BOUNDARY UNES CONGRESSIONAL SECTION UNES — ---- --- — - - RIGHT-OF-WAY UNES - CENTER LINES we. - EXISTING CITY UNITS - LOT LINES. PLATTED OR BY DEED - EASEMENT UNES. WIDTH & PURPOSE NOTED - EXISTING EASEMENT UNES, PURPOSE NOTED - RECORDED DIMENSIONS �n+j - MEASURED DIMENSIONS C22-, - CURVE SEGMENT NUMBER UNLESS NOTED OTHER'MSE, AU. DIMENSIONS ARE N FEET AND HUNDREDTHS 3 249. 04) N7. 4'42- WV1fOni OIUUTLOO T N/�II CUTS OIE UNIVERSITY HEIGHTS _%,•L'''‘ f616.001 -W 3 \ / U kdU51E VISTITY ATHLLIETDC CLUB sUCEDDIVISIOINI —N KOCRVMEEjWIEN TIE PIAT RGRFOF R&M*? N RAT COX 56 AT P TAW 6' 11E maws a- Elf ,YhNSLNI I SOUTHEAST CORNER OF LOT FPLLVFR'S 6TEE LOCATION MAP - N.T.S. Mill,wretsnr eI <tar owaes ,- r PRO- al en 0'e FIaiNe 846 S SED ANNEXATI {'r. `, 14 ,� �+ �, �• M - 1 N. ®® �e , 1—I es t 0 r1 �i ';p �;1.ltam *at 51 I• iit 1.1 1 im 118 ,d 1 - ..awir � ealrees ) P!"V " D �.. ,�p� A 11111 t.�►,r ALA PARK faun in G .z Or�bi 'pus 6.1—, -Di-. mill-. PI oma-.11.��r� p +ffrfr-.•••dimilliftel.— MUMMI a Run �_ , W al'li raa II 1 1101111 alfa -1, AUDITOR'S PARCEL 2©1 WV N ACGGRDNL'E WITH 11-E RAT TlfRECR R UGATEI N RAF 11061 00 AT P/6G 10 OF PG SEDATION 6' TME JONSEN GQNTY RECOVERS GrFlGC AUDITOR'S PARCEL 261 f ,11411 N AG Diner WRN M PLAT FLAT RELOPDEP AT N RAT OG811 W0 AT PARE HA Gr TIG / SE ATION 6F 11E � I AUDITOR'S PARCEL 2015066 I N ,y,R,GRpANGG WRH M RAT THEREOF TIER N PIAT TFyae NSor 11-E MOWS ..OP 1FG DESCRIPTION - PROPOSED ANNEXATION RECORDERS OFFICE, / A PORTION OF LOT 1 OF UNIVERSITY ATHLETIC CLUB SUBDIVISION, AND A PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 17, OF TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Commencing at the Northeast Corner of Section 17, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Johnson County, Iowa; Thence S88°51'11 "W, along the North Line of the Northeast Quarter of said Section 17, a distance of 656.83 feet, to the Point of Beginning; Thence S01 °08'49"E, 237.28 feet, to a Point on the East Line of Lot 1 of University Athletic Club Subdivision, in accordance with the Plat thereof Recorded in Plat Book 38 at Page 306 of the Records of the Johnson County Recorder's Office; Thence S86°17'36"W, along said East Line, 46.00 feet; Thence S61°52'41"W, along said East Line, 61.55 feet; Thence 500°03'18"E, along said East Line, 225.16 feet, to the Southeast Corner thereof; Thence N75°44'24"W, along the South Line of said Lot 1, and the Northerly Right -of -Way Line of Melrose Avenue, 192.89 feet; Thence N80°37'39"W, along said South Line and Northerly Right -of -Way Line, 107.44 feet, to the Southwest Corner of said Lot 1; Thence N00°05'06"W, along the West Line of said Lot 1, and the Northerly Projection thereof 421.60 feet, to its intersection with the North Line of the Northeast Quarter of said Section 17; Thence N88°51'11"E, along said North Line, 388.89 feet, to the Point of Beginning. Said Annexation Tract contains 3.61 Acres, and is subject to easements and restrictions of record. 3.61 AC M M CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS ENVIRONMENTAL SPECIALISTS 1917 S. GILBERT ST. IOWA CITY, IOWA 52240 (319) 351-8282 www.mmsconsultants.net Date Re'l,IOn ANNEXATION EXHIBIT A PORTION OF LOT 1 OF UNIVERSITY ATHLETIC CLUB SUBDIVISION, A PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 17, OF TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN UNIVERSITY HEIGHTS JOHNSON COUNTY IOWA MMS CONSULTANTS, INC. Date, 11-10-2020 DeNgned FSI Field Book No KJB Drawn 1,9 Scale, RLW 1"= Checked by, Project No, IOWA CITY 7331-050 DMW Sheet No, of, 1 PRELIMINARY OPD AND SENSITIVE AREAS PLAN FINKBINE - THE JAMES ON MELROSE IOWA CITY, IOWA LEGAL DESCRIPTION Cmm`ciq at IN Wilmot Goner of I. 17 To1,l,p 7/ Matt Range 1 WN* of N FIM Principal MAAS.. Ua1R.m Cosa*. loos, Thrace Sr'S1'11'W. Erg 614 North LM of M N10.aMO.tW of ..M 3060. 17, a 4 000 of 658.03 feet b9. Pol. of 109.1.9: Thance 801'OtW E. 237.26 ENL b MANN on 6. Emil Ur. 011.11 of OaItMy AN.ic 0040 Subdivision.. award...AhM Plat leery RamdOd in PVI Book 38 05 Pag. 301 d Road. 06 M Minoan Canty R4md.'. OMs: Thaw. 9RI'ITWW. abnp.a4 Ent U.. 46.00 het MAN. 341.574114, 49.15 said Ea. U... 61.55 feet Blanca 30.703'16'. alar. NW EMIL.. 735.16 M, b 0. 3.1.11 Corn. Ms0K 11.0c* 075'4.47459, Nom 9. Sal, U. of aid Lot 1.144 M Plo.1*ly Riy#ol-W.y Ln. of *Arm. Avenue. 192.60 Wt Theca NI0'7110W, log said 59441 Lha ark Nai.dy Rigltd-WRy Ln.. 107.44 hat loam So,/,W Cam. of amid Lot 1: Theca N63'31331.. Wong aid Northerly ANN -of -Wag Un.. 10409 feet 'Mance Na hensi 9.h. 106.12 hal along sad Na6,aly 04,tof-Yhy LA. m. 5779.65 M req.....nava Sou61.1ery. .hose 10811 foot a.42 bus 67.0041'0. to is .1155cSon M.0.Gn.M1,. of M Pr... Comma. 0044.. 70.00* N10'46451E. dry saki C*M.On.. 23.66 M Than* N0!Sw.Nbly. 6240 Nal Moog a4k C4.,N,6„a e a 550.00 bot redo. cum.. :morn SouIwp.ly. whoa. 51.40 Tad cilia. bears 046.3191.; The* N82.21'1TE. Wog .BE CaNNn., KM hat Tho,* Nordustrl/. 182.0015* Mang 544 GU*. a 4112.50 M r5na OW" .0,100511.6.20101. *Nee 144.34 fool ked bars N41'089T-E. Thec.N00'0902N. Meq Nod CanM0M. 12322 M: Ther. N0N.eelry. 194671M. along said Cranna on a 147.50 fool ryu• ant moan. SAmt.asferli. whom 145.1711 loot Ned bean 028'05.141: Than N58.19,1'E. Ing sod C.01i.. 32911Nt The* Natl,NKady, 141.12 INK Mag said GaOa*,e on a 200.00 bol 'Nile mad, .mea. No9t lolly, *meg 13621 bel chord Posts14311.0943-E Thar,. NM'S1'111, 22.70 he Thea 3003(40., 226.E 6a1, b 0. KU d6.yr.ip. Sed Ira of LIN WM9. 6.126...c ark b •fleal b wlnrda eek aaONbns of fec,1. PROPOSAL APPLICANT PLANS TO CONSTRUCT A MUL11-FAIALY BUILDING ON 6.12 ARES. DEVELOPMENT SCHEDULE APPLICANT PUNS TO BEGIN CONSTRUCTION M SPRING 2021. LASTING TRU SUMMER 2022 RUSE TOO PARKING LOT CONSTRUCTION. (F WEIRD)), IS ANTICIPATED TO BE COMPLETE BY SUMMER 2022. DEVELOPMENT CHARACTERISTICS PROPOSED ZONING: OPO -RM -20/P-2 (M1.11 -FAINLY) ff1BACK RE 1RF1MT17 BUILDING SETBACKS FRONT YARD FRONT YARD SIDE YARD REAR YARD LOT CH ARACIFRISDFS. LOT AREA BUILD/NG AREA PAVING AREA (INCLUDES PHASE 2) GREEN SPACE AREA REQUIRED 40 FEET (MELROSE AVE) 20 FEET (EXISTING WALK ALONG FTN(SNE COMMUTER DRIVE) 10 FEET 20 FEET 268,811 SF (10011)(8.12 AC) 46,108 SF (18.3'X) 78,750 Sc (28.0%) 141,153 SF (52.9%) 11E ON-STE SHARED OPEN SPACE AREA NU. CONTAN STE AMENITIES SUCH AS PATIO SPACE. SEATING AND GATHERING AREAS. THE REWIRED OPEN SPACE FOR THE SITE IS 2,590 SQUARE FEET, (259 BEDROOMS a 10 5F). 111E AREA DEPICTED ON THIS PLAN ENCOMPASSES 7,300 SQUARE FEET. TOTAL WPER0IOUS AREA OF STE HAS SEEN REDUCED BY 32.500 SF MTN THIS 511E PLAN VERSUS 111E PRE0WS SITE PLAN 0016.1015 CNARACTENSTTCS OI BEDROOM UNIT 257 `Nn 7 }114 5114 2176.* 2 BEDROOM UNIT 6 12 12 13 4 47 3 BEDROOM UNIT 6 II It 1 6 43 S, BEDROOM UNIT D I 1 2 I S TOTAL UNITS 116 UNITS PARKING RFOUIRFNFNTS I STALL PER I BR UNIT . 21 PARKING STALLS 2 STALLS PER 2 RR UNIT . 94 PARKING STALLS 2 STALLS PER 3 BR SPIT . 96 PARKING STALLS TOTAL PARKING STALLS REQUIRED - 211 PARKING STALLS TOTAL PARKING STALLS PROVIDED 115 PARKING STALL IN LOWER LEVEL GARAGES (INCLUDING 5 ADA STALLS) 104 EXTERIOR PARKING STALLS (INCLUDING S ADA STALLS). PHASE I 35 EXTERIOR PARKING STALLS. PHASE 2 TOTAL PARING STALLS FRONDED . 219 PARKING STALLS (INCLUDING 10 MA STALLS), PHASE 1 TOTAL PARKING STALLS PROVIDED . 254 PARKING STALLS (INCLUDING 10 ADA STALLS), PHASE 2 BICYCLE PARKNG IS PROVIDED MTH HANGING RACKS AT EACH GARAGE PARO65 STALL. BICYCLE PARKING MIL BE REVIEWED NM THE STE PLAN APPLICARON. TIE COMPLETE SITE U71ATY DESIGN, INCLUDING ELEVATIONS. AND ALL REQUIRED NOTES 440 DETAILS. MILL BE PRONGED NTH THE STE PLAN APPUCATON. NOTE: NO DEVELOPMENT ACTIVITY CR REMOVAL OF TREES NAY TAKE PLACE 941141 PROTECTED 0.CPE BUFFER AREAS ME APPUCMT REQUESTS A WADER FOR THE MA1MUM HEIGHT REQUIREMENT FOR THIS 21341E. THE MAXIMUM 00010 PROPOSED IS 83 FEET. CONSTRUCTION UMITS STANDARD LEGEND AND NOTES PRCMOD1 At/or /OA060RV UNES CCNGRE540NAL 5EC11C1 LAWS 8011 -0F -WAY LKS Cfd51NG 11001 -0F -RAT toes CENTER Ula[S E3651NG CENTER saes LOT LKS. 01.1006.* LOT *NES, PLATIEO aR 31 OEM PROPOSED EASEMENT LKS COSTING EASEMENT LKS IDIOM ARK REGORGED O0*DI5I0IS OURS. SEGMENT NUlt9 De. .eo**{►q* il POOR POLE PORE* POLE WORD* POSER PCL. W/1RMS POMO, POLE W/UOIT OUY POLE 110.1 POLE 5A41TMY WANKLE TRE 1110RANT 50101 VALVE 004904E 446.1410.E WR1 INLET FENCE UNE 0051NG 5ANTMY SERER PROPOSE) SANITARY SEWER COSTING STOR. SERER PRCOOSED STORM SERER WATER LKS ELECTRICAL LARS 11113410 .4 LINES CIS LRCS CCNTQUR IME5 (1' 131(0011) - ARMOND GROUND - COSTING TREE: UNE - E9SING DEGDUW5 TREE t MRS y'< - E051140 [VG0EM TRUESHRUBS TLE ACTUAL SIM 4.110 LOCATION OF ALL PROPozo FA0UT10 SHALL BE VERIFIED MM CONSTRUCTION DOCUMENTS, WHICH ARE TO BE PRE1.AIE0 ANO 9100511 D SUBSEQUENT TO SIE APPROVAL OF THIS DOCUMENT. FINKBINE - THE JAMES ON MELROSE IOWA CITY, IOWA SW SE 8.75.6 S 4 SE 11-79-0 LOCATION MAP 1101,0 WALE ■ o/.I/YYCiCJ GpAPHK; SGL.IN FET ' 1'040 Of Coterec 0t5 MIN 6.12 AC SE -, SE= «LAI 8-472H-R,Vg 171C11K8N4E3'OLF C 5.1 7.50' 30 - 1-197.50' 1-194./1` T -196.T o-le1AIM- • • 1•J • MW�p .'tl1l\1 I Wl�i \ OIP l 17.77984 -[SEW FINKI3'INE aOLLF COURSE AR 13.11' e.7174'7Y -0.00* 10.L4W 0.6540. P11.40 ) ~) ..114'40 0-5779.65' 1.-1C8.8Y 1.54.41' C.106.91' 08-57131410E &t)1E,LI O 16 81'52'41•. 81.55' 100,0313 W 225.18' 3 Ulf OP CONSTRUCT. RIR) FONIGIINE GOLF CO(S RIVE i i 0101 OF CONST0UC1gN ITYP) 8817'36•. 41100' UP IN1IERSrrf ATLE'NC CLUE • SURIDIVISOOP1 N .Witeas�.EP 1m 018 .e nnags, ,,0200AY 0, R 11B 1,020 Q'M/44 21 21.60 MUS aM1f: LOOT OP CONSTRUCTION GYP) 2 M M CMI. ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS ENVIRONMENTAL SPECIALISTS 1917 S. G6.BERT ST. IOWA CITY. IOWA 52240 (319) 35140282 ww W.mmeconsu !tams. net Gla I11* 01.12.21 Per city comments -1145 02.0521 Per 01415 com'e'ts - 6401 PRELIMINARY OPD AND SENSITIVE AREAS PLAN (SITE LAYOUT PLAN) FINKBINE - THE JAMES ON MELROSE IOWA CITY JOHNSON COUNTY IOWA MMS CONSULTANTS, INC. Dote. 11/12/2020 PRELIMINARY OPD AND SENSITIVE AREAS PLAN FINKBINE - THE JAMES ON MELROSE IOWA CITY, IOWA EROSION CONTROL. LEGEND 0 0 CUT FENCE/FILTER SOCK 11oPPlMT Tool C0ISIRIJCMN ENTRANCE/COT TEMPORARY FARMING AND STORAGE CONCRETE TRUCK/EQUIPMENT WASHOUT POTABLE RLSNTAM DOCUMENT LOCAna (PERMITS. STRAP. RISPECION FORMS. ETC.) FILTER SOP( INLET PROIECTOI FLIER SOCK BEHIND CURB AT CURB RNP - POWER CUT FENCE TEMPORARY 90. STOCKPILE AREA DIRECTION OF OVERLAND FLOW ifi 0 0 WIP5IER FOR CONSTRUCTION WASTE RP RM 01.111ET PROTECTION OTHER MEASURE OMEN MEASURE OTHER MEASURE THE MOVE USED ITEMS ARE SHORN N THEN RECOMMENDED LOCARONS IF A CON100. MEASURE IS ADDED OR MOVED TO A %CRE SUTAA910 LOCAON. INDICATE THE REVISION ON I141S SHEET. 11E BLANKS LEFT FOR OTHER MEASURES SHOULD BE USED IF AN ITEM 110T 910N11 080WE IS IMPLEMENTED ON SITE 400110111 PRACTICES FOR EROSION PREVENTION MD SEDIMENT CONTROL CAN BE FOUND N AP1EN0% D OF INE SMPPP. STANDARD LEGEND AND NOTES PROPERTY a/Wr BOUNDARY LINES O0NCRES9011AL SEC11UN VIES 11/DIT-CP- WAY USES COSTING RICHT-0F-WAY USES CENTER LRCS COSTING GOITER LRCS LOT VIES. NTERNAL LOT INES. PLATTED CR BY RED PROPOSED EASEMENT LINES DOSING EASEMENT LRCS BENCHMARK RECORDED DIMENSIONS CURVE SEGMENT NUMBER P OWER POLE P OWER POE 0/DROP POWER PRE 0/100113 P OWER POLE 11/UO11 WY POLE LICIT POE SANITARY MANHOLE PEE HYDRANT WATER VALVE OUNACE 1141010E CURB INLET FENCE EASING SANITARY SERER PROPOSED SANITARY SEWER EX 01100 STORM SEDER X10* PROPOSED STORM SERER N WATER 10E5 EIECTIOCAL INES i TELEPHONE UNES OAS LNE5 •- CONTOUR LINES (I' INTERVAL) PROPOSED GROUND ^^^^^^^^^^^^^�+ _ E10IIHG TREE UNE r0 .�(�� - COSTING OECp1WS 1REE ! SHRUB - maw EWROEEFN TRIMS ! SHRUBS 1111E ACTUAL SIZE AND LOCATION OF ALL PROPOSED FACTURES SHALL DC VERIFIED MTN CONSTRUCTION DOCUMENTS, WHICH ARE TO DE PREPARED MD SUBMITTED SUBSEQUENT TO 1HE APPROVAL CP IRIS 000WEN1. IUB FINKBINE - THE JAMES ON MELROSE IOWA CITY, IOWA SW SE 5.79-S SE 8.70.0 • 7 of I I .1111)11111 *am;nr.. <No min <._wiikawrin LOCATION MA- P fPM I 1, 141- 1 111811. fl1 MIMII r '1i1u! A1,440.0, 0 4 11 ID M M GRAPHIC SCALE M FEET PYB 10( 1bti FIPEKODIE 01 1 nb , OLF C E5IISTINO TO 8 PRESER S ,11 ( 10ATS OF CO $TR T�t4 TVP) PLACE P1�YEFk FENCE IMS I I ; I I I � I GOLF,FINKBINE CQ17E 1 � I r I I MTS OF CONSTRUCTION Ni (I YP) r PLACE PERIMETER'SILT FENCE ' AT UNIT OF CONSTRUCTION IN I THIS AREA MUTING MEt.S W) NC?� =BICE} \ \ n ®N 1711,73H -F36^3.1 nBi FDNKBROE GOLF COURSE I � • 1OUTLOT IN EXISTING TREES , \11 TO BSE PRESERVED Pr 1 . oP UMTS OF CONSTRUCTION 3 Eta" _rye (tNU 'OW 11F,_ - LIMITS OF CONSTRUCTION pp), LUPHERISIT Y ATHLETIC CLUB SUIRD'IMIISNPN , I OMFADRNL NIH ITC MT 11100 1.41006,14 Mi PRC MAr MME Ma a ITE wows Q TIC0154441 caber masons Rn;C 2 • • 6.12 AC M M CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS ENVIRONMENTAL SPECIALISTS 1917 5. DESERT ST. IOWA CITY. IOWA 52240 1319) 3514282 W W W.mmsconsuttants.net PPI. I R.vaMa 01.12.21 Per city comments - Wb 02-05-21 Per city comments - bah PRELIMINARY OPD AND SENSITIVE AREAS PLAN (GRADING NE EROSION CONTROL) FINKBINE - THE JAMES ON MELROSE IOWA CITY JOHNSON COUNTY IOWA MMS CONSULTANTS, INC. PRELIMINARY OPD AND SENSITIVE AREAS PLAN FINKBINE - THE JAMES ON NECROSE IOWA CITY, IOWA SE NSITiVE AREAS LEGEND 91� CONSTRUCTION LIMITS N I" 1111'1 III=111111- INN r;; i STEEP SLOPE (11,420 SF - 100%) STEEP SLOPE (DISTURBED) (9,080 SF - 79.5%) CRITICAL SLOPE (18,702 SF - 100%) CRITICAL SLOPE (DISTURBED) (11,628 SF - 62.2%) PROTECTED SLOPE (465 SF) PROTECTED SLOPE BUFFER MAN MADE PROTECTED SLOPE (1,142 SF- 100%) MAN MADE PROTECTED SLOPE (DISTURBED) (1,142 SF - 100%) GROVE OF TREES (52,426 SF - 100%) GROVE OF TREES (TO BE REMOVED) (37,508 SF - 71.5%) FINKBINE - THE JAMES ON MELROSE IOWA CITY, IOWA A 4. s.],.�., 1 —'i I SE R70.6 O.:10 LOCATION MAP S .71 1_L.Mi1 Siff our; ' IIl 1IIUI fi e m a a CRAPIIICSCALE N FEET 1,I0 \I/ t7NKBIPIE r OLF C ail , GuF .. STRUCI1ON(TYP] 03 j 1II —."111111k. fes '� ��jj flet/ SE SE SECT, GOR 3.T79NAGW 1 1, g , II t g h, COW COURSE , OF QON819wCTON• (TY • ,1 FIUMNE GOLF COURSE M. i A ki I€lLd Pule `r8~ ,se IL UJEFISGTY ATALETGC CLUB ' �� ©ud) DOEA] . w a* I n.,+ ntsra AY,a�'n. Vs ane Pe4Lm5 a ne .prism N carrt.Reas1721103 471,2 I 2 6.12 AC M M CML ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS ENVIRONMENTALSPECNIJSTS 1917 S. GILBERT ST. IOWA CITY. IOWA 52200 (319) 351-8282 www.mmscansultants.net 01-12-21 Per city comments - kjb 02-0521 Per city comments . bah PRELIMINARY OPD AND SENSITIVE AREAS PLAN (SENSITIVE AREAS MAP) FINKBINE - THE JAMES ON MELROSE IOWA CITY JOHNSON COUNTY IOWA MMS CONSULTANTS, INC. PRELIMINARY OPD AND SENSITIVE AREAS PLAN FINKBINE - THE JAMES ON MELROSE IOWA CITY, IOWA SENSITIVE AREAS LEGEND am CONSTRUCTION LIMITS STEEP SLOPE (11,420 SF - 100%) STEEP SLOPE (DISTURBED) (9,080 SF - 79.5%) CRITICAL SLOPE (18,702 SF- 100%) CRITICAL SLOPE (DISTURBED) (11,626 SF - 62.2%) PROTECTED SLOPE (465 SF) PROTECTED SLOPE BUFFER MAN MADE PROTECTED SLOPE (1,142 SF- 100%) MAN MADE PROTECTED SLOPE (DISTURBED) (91 SF - 8.0%) FINKBINE - THE JAMES ON MELROSE IOWA CITY, IOWA 111 SE 5.7911 .4 111 11111 ��IIIH1111 i5nit 1111 Jinn! on11u1 ,Iifirall LOCATION MAP MOTTO SCJWI 6 o, to 20 n a GRVMIC SCALE IN FET ram ucTiofr'P1' . FVNKBUN E GOLF COURSE \` \` ©m] 17-tl law • 77a 778 FI:?d113I'IIP)IE nou COURSE gie�N tiE AtV 1£Nue \I 18 OMITS OPCONSTRUCTIOA ITYP) 3 -T55 ,OUTLOT UNIVERSITY ATHLETIC CLUB t.2,41051(e Mb. rte Fur 'MOW w.nm615 5x ax sa nee sea ne roams a ne»r7a 'I eVe7 1441(61114 ,2111.8 � I I 2 6.12 AC M M CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS ENVIRONMENTAL SPECIALISTS 1917 S. GI BERT ST. IOWA CITY. IOWA 52240 (319) 3514282 www.mmscomuItants.net Date I D1.12.21 Per city comments - k)b 02-05-21 Per dty comments - ban PRELIMINARY OPD AND SENSITIVE AREAS PLAN SLOPES FINKBINE - THE JAMES ON MELROSE IOWA CITY JOHNSON COUNTY IOWA MMS CONSULTANTS, INC. 11/12/2020 PRELIMINARY OPD AND SENSITIVE AREAS PLAN FINKBINE - THE JAMES ON MELROSE IOWA CITY, IOWA LANDSCAPE LEGEND: Ri)[R51910 41416TREE e EXISTING 511516 - EXISTDW ORNAMENTAL TRK 5/5TRIG EVERGREEN IRM LANDSCAPE REQUIREMENTS: IRKING ARE0 TREE5 $MA11 TREE NITMIN 40 OR 1 LARGE TREE 'Rana CO CP NM; PROPOSED 51ADE TREE PARKING SPACE OR PORTION TIEREOP. PROPOSED SIRUPS • PRGVIDED PROPOSED EVERGREEN TREE PRO60 ORNAMENTAL TREE 511106 TR69 5OR EVER+40 UIEPL PEET OF 96/11442. PROP0510 STREET TREE • MELROSE AVE 573.24 / 40 - 15 REQUIRED 10 /9050900 5 EXISTING IMM CONSTRUCTION LIMITS RE9/DENTIAL USE TREED TREE POR EVERY 550 6 Of TOTAL WILDING COVERAGE. • 46.7791550 - 89 REQUIRED 17 PARSING AREA LEES I051RELT 16E5 64 6.91DEM/µ U51 TREES 93 PROPOSED TREES +11 EXISTINGTKES 102 PROVIDED TOTAL - PARKING AREA SCREENING ALL PARKING AREAS MUST BE SCREENED PROM AN/ OP A MOWING STREET TO Tilt 92 STANDARD. • PROVIDED PLPM LIST - EVER)REEEN. ORNAMENTAL & SHAM TREES SPY 20f/144* NRe c6N1KN 119.6 PM 6660 WIPE 4 saes., X a4/05O4 'ARUM 0916410[ ARM/ DXLLWEE 11/27 5.0- 9 6 D DS X 20 4 ASSAILS 51(6 MO 09ff1E 4' GA_ 0 6 9 40 2 a0 4 21/1114 16461 RM92 MN 1- CJI D 0 D K X IS 4 64,044/5 G941M.R4A *028414 14.Wt1A4 1- LA., 0 6 0 10 010 I 14116 696561/1.16 682451 906196 Y 11.'l 0 8 0 W 2 6 4 1166 (8666119 0/61691 69019 I IW 54.. 0 6 9 6 I SS 1 66.6 KEW x144. 1064116/1 I I/1• GA- 6 6 9 6110 4 1456 /1886164 /1.6468112641 0 GL 0 6 6 DO X SO 4 811136761 /2.16M111401 vn•. 10045 166 11011011 404.94 41164816 /6960101 T GL 0 6 D •10 x 110 1 622016.4 1R41GMKA ',MAL 'KA M 111216816 69C1466f C G.L. 0 6 0 45 x 113 4 0/1*00.1WB 148/» 116101(1 6616110 C CIL D A D DO X 6 4 6146E8164 1/0.51974 1111116 Y 11/ D 6 D 60 x v 4 01.15 P66 6411 PRAIRE PRE 69181.1/ I I/1• G.1- 0 6 0 /TX 6 4 62931 911.666 1 64 1 NA/a. ref60 V 6.L 0 6 0 Sp x a0 • 654174 0111.441 »01811 LLT 16444984 T GC 060 W 110 4 PLEA 01.6.1 RNMTA 544/ /015 SPRIGS 0 W. 0 6 0 40 X 6 4 PALO 91161161 Mn PPC I Uf. OLD 60010 4 66616 PAIl6106 PN OAK TLk D 6 D AO X48 4 679150 Ri1UATA TARP A14: MLR' 949 66269E 4191 LUG I I/1- LK D 6 D T7 X 10 1 440061 169614 814/6110 8 (Ill 9.60 6019 4 TUF *404/054 62.10 LADEN C Gl 0 6 0 10 X 10 4 11.45 1611141 5.0551' 1944411 941 i GL 0 8 0 40 X 40 PLANT LIST - STREET TREES 4r1' S7r.4r..t tar 6646 lie.! PM LME? Q 1 676MTA TR46 141405 1111616 666 911111 11194859 T04C400151- Y At D 6 D SOX ao 4 66616 PDRA 199 GK C At 0 6 9 18 X 6 4 114-00 .*196411 NEW LSF 4141 LEY /VI61M/ 66 Y LA- 6 6 0 18 x '10 PL9NT LIST - SFIRLES, ORNAMENTAL &RA 6ES & PERENNIALS 425 MTw+G.t 1117 40.44a4 186 MOLL PIS 61666 WIRE GAw atosa 2 w4r/lwu 11X1100/0( IV& rm -rim 8.11167 PE6 6RA66 0- NT Can. 4 X 6 6666 D6TNL6 1Eat 0156151097. 40 M. cart 9 2 N WIERDEALAX 61614 0180 STGIA 0610* .LOS D• M. GME. 1 X Y /1/41.4954 661(90.41 054Dl4' /1994454 6 M. (044 T I T P4NL144 95811/Al PRASE 5PL 16N79 ER RDD 96rI21 EsA05 D' 1? Cl M. 4 X 5 5629 41'µ1A /1011 14/110 ERVEN A66 ARC a00lr 6. 11T CCN/. 4 X 4 TARS v AENA LE.516844 0614 64 6 I1/.. c01T. Y X S 46616 CE/11114 APOMNOLP V4R546 9 IPT. GMT. 6 X 6 49.54161 191656 '691416 60.7461 804181 41666821 21191 4/111046 4' W. 896 S 4 9 NOR AI row %es 5111 0S 466259 1904 5R ea1 1.24145 TO 166 /GOT I/ITW RAO sais11P 6664 To G1 P *MGM. FINKBINE - THE JAMES ON MELROSE IOWA CITY, IOWA :6W IE 4-71.•-• 1.5 Era dlitt /! 1. i r I SE 9.799 a 1 J l oy+�6i .46' .....44.0041i "d4rs -ith1/ .. fX%/1 �1 1 ■1 I 6 I LOCATION MAP WI L� l�T� I.1 J in�°I`H91 r Ifl. it■*4 III IITJf1.6I 1 �' IMO F- a /111/111 6 . >o p GRAPHIC Stl1E W FEET 1.409 ,FINKBINE ,OILF C SECTOON 3,479 3W PdC�7; -NF1 ©Its 17 -$79N -HO FINKEIONE av©LF COURSE i i a SZ maitlue �16tY_ r6N� LF CCOOAWsE OUTLOT 3 UNOVERSITY ATHLETIC CLUB \ SLIBOIF90SOON . 4(9560 251/1 TIC 11.1 POTIELIA 16416161 914 MI6 S AT 148 as a TIC 6 a M 611111 9.2E 2 6.12 AC M M l CML ENGINEERS LAIN PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS ENNROM.IENTAL SPECUUSTS 1917 S. GILBERT ST. IOWA CITY. IOWA 52240 1119) 35142132 W N W.mm9con sultants. net Dab I ReN42D 01-1621 Pa dry colnment6 - 4)11 029121 PIN Eby commenb - bah PRELIMINARY OPD AND SENSITIVE AREAS PLAN (LANDSCAPE PLAN) FINKBINE - THE JAMES ON MELROSE IOWA CITY JOHNSON COUNTY IOWA MMS CONSULTANTS, INC. Date. 11/12/2020