HomeMy WebLinkAbout2021-10-19 ResolutionItem Number: 6.c.
r � �
At
+ at1Mw��al
+•ate_
CITY OF IOWA CITY
www.icgov.org
October 19, 2021
Resolution to issue Cigarette Permit to Groundwork, dba H -Bar, 220 S. Van Buren St.
ATTACHMENTS:
Description
Cigarette Resolution
Prepared by: City Clerk's Office, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043
Resolution Number: 21-264
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:
H—Bar — 220 S. Van Buren St.
Passed and approved this 19th day of October 12021
or
pproved by
Attest: V
itC y Clerk City Attorney's Office
It was moved by Taylor and seconded by
Resolution be adopted, and upon roll call there were:
Ayes:
X
X
X
X
X
Nays:
Weiner
Absent:
Bergus
Mims
Salih
Taylor
Teague
Thomas
Weiner
the
Item Number: 7.b.
�r
A��
CITY OE IOWA CITY
www.iogov.org
October 19, 2021
Motion notifying the Iowa City Planning & Zoning Commission of the petition
for the establishment of the South District Self -Supported Municipal
Improvement District filed with the City Clerk on October 7, 2021 and
referring said petition to the Planning and Zoning Commission for the
preparation of an evaluative report for the Council on the merit and feasibility
of the project, all in accordance with Chapter 386.3(3) of the Code of Iowa.
ATTACHMENTS:
Description
SSMI D Petition - South District
PETITION
To establish the South District Self -Supported Municipal Improvement District (SSMID) pursuant
to Chapter 386 of the Code of Iowa.
We, the undersigned, being owners of the property within the SSMID boundaries described
herein, hereby petition the City Council of Iowa City, Iowa, pursuant to the provisions of Chapter
386 of the Code of Iowa (the "Act") as follows:
1. To establish by ordinance a Self -Supported Municipal Improvement District in Iowa
City, Johnson County, Iowa:
a. The name of which shall be the "South District Self -Supported Municipal
Improvement District' (herein referred to as the "Proposed District"),
b. A description of boundaries and map of the Proposed District is attached hereto
as Exhibit A.
c. The purposes of which shall be the undertaking of actions authorized by the Act
and the performance of administration, redevelopment, and revitalization of the
Proposed District, as authorized by the Act, any and all of which actions and
improvements are intended to benefit the property, businesses, and residents
within the Proposed District, including, but not limited to, activities that expand
the mix of businesses, increase consumer traffic, enhance beautification and
landscaping, and expand civic opportunities within the district.
2. To establish an operation fund for the Proposed District and levy an annual tax (the
"Operation Tax") upon the property defined in the Act (excluding property assessed as
residential property for property tax purposes) at a maximum levy rate not to exceed five
dollars ($5) per one thousand dollars ($1,000) assessed value for a period of five (5)
years, commencing with the levy of taxes for collection in the fiscal year beginning July
1, 2022 for the purpose of : (a) paying the administrative and operational expenses of
the Proposed District, as defined and authorized in the Act, and (b) paying part or all of
the maintenance expenses of "improvements" or "self-liquidating improvements" as
defined in the Act with respect to the Proposed District.
3. It is the intent of this Petition that the operation taxes levied and collected on behalf of
the Proposed District shall be expended for new, additional, or enhanced services within
the Proposed District, and that the City shall not diminish the type and extent of
governmental services currently provided.
4. This Petition is not requesting any amount of levy for either a Debt or Capital Fund.
5. To disburse annually all amounts collected in the Operation Fund, for one or more of the
following purposes, at such times and under such conditions as shall be recommended
to the City Council by a SSMID Advisory Board composed of an executive committee of
a board of directors (as described in Section 6).
a. Development and management of activities in support of marketing, business
retention and attraction, including, but not limited to:
L Database establishment'
ii. Space referrals and assistance -
r- _.
C-7_ w
iii. Marketing activities, including media and advertising campaigns and
communication materials
iv: Miscellaneous business support services
V. Establishment and promotion of special events, festivals, and activities
vi. Support of urban design and policy development that would enhance the
activities within the SSMID;
b. Physical or other improvements designed to enhance the image and appearance
of the Proposed District, including, but not limited to:
i. Lighting Improvements
ii. Seasonal and decorative enhancements
iii. Signage and banners
iv. Landscaping
V. Central market development
vi. Maintenance/Repairs;
c. To hire an Executive Director and, if needed, other support staff who will work for
a non-profit Board of Directors to manage the work of the South District SSMID
Board and to fulfill the intent of this Petition.
6. It is the intent of this Petition that the City of Iowa City enter into an Operating
Agreement with the South District Self -Supported Municipal Improvement District Board
(herein referred to as the "Board"). This Proposed Board will be formed and described in
the Operating Agreement. All SSMID levy monies shall be appropriated to the Proposed
Board for the management and operation of the District. From time to time, the City of
Iowa City may provide additional revenue to the Board for the purposes of the
management and operation of the District.
a. The Board shall establish itself as a 501 (c)(6) non-profit organization. The Board
of Directors will be established as described below after passage of the
ordinance in order to effectuate an Operating Agreement with the City of Iowa
City and establishment of its bylaws. Once the Operating Agreement is
established, the receipt of the first SSMID levy reimbursement from the City shall
commence.
i. Board membership shall consist of voting members:
1. Two from property owners or their representatives from a single
property within the Proposed District that has an assessed value
in excess of 1.0% of the total assessed value of property within
the district boundaries.
2. Two from property owners or their representatives from a single
property within the Proposed District that has an assessed value
less than 1.0% of the total assessed value of property within the
district boundaries.
3. Two from business owners within the Proposed District that lease
more than 3,000 square feet of commercial space.
4. Two from business owners within the Proposed District that lease
less than 3,000 square feet of commercial space.
i
fir,
y '
U.7
5. Two from residents of the South District Neighborhood
Association.
6. One from the Pepperwood Plaza parking association.
ii. Board membership may consist of up to four (4) other stakeholders of the
Proposed District as voting members of the Board.
iii. Board membership may consist of ex -officio non-voting members from
community development agencies and partners, such as:
1. Black Voices Project;
2. Johnson County Interfaith Coalition;
3. LULAC;
4. Iowa City Area Business Partnership;
5. Iowa City Area Development Group; and
6. City of Iowa City.
iv. Board membership shall include the Executive Director as an ex -officio
non-voting Board member.
V. It is the intent of this Petition that no revenues produced through property
taxes imposed specifically for the Proposed District or tax increment
financing revenues attributable to the operation tax levy on properties in
the Proposed District shall be spent by the City Council without the
approval of the Board.
b. The initial Board shall be appointed by a diverse group of stakeholders that will
include four (4) persons representing:
1. Southgate;
2. South District Neighborhood Association;
3. Multicultural Development Center of Iowa; and
4. MidwestOne Bank.
7. It is the further intent of this Petition that, notwithstanding the fact that the Proposed
District is located within the boundaries of a Tax Increment Finance District which has
been created by the City, an amount of funds which would be derived from the annual
SSMID levy of the Operation Tax against property within the Proposed District if the
Proposed District were not located within such Tax Increment Finance Districts shall be
made available annually for the services, improvements, and activities set out in this
Petition, and that the City should take all actions necessary to accomplish this purpose,
including, if necessary, allocation to these services, improvements and activities of a
portion of the incremental property taxes which are attributable to properties within the
Proposed District. These allocations may be from the SSMID levy or other sources.
�.s
1 ` 1
-o
r
n�
it A if
cn
da
°D
co
rlDy
>,
LEE--
Q
L-L-7
O
u
°o
p
o�a
5.
o
a
3
0
=oa
;
N
q
u,
0
1S aop!M
O
00
cm,
O
N Ce
00
Om
a CD
c m
N
N N
O
N
�N
00
C O
O 2.
Jg hns�oa3l
O
NN
P
N
F
10
� L
1S Injoam
n `Do
T
N
P
N
C
U U
L
P
F
^
P
N
�
P
N
N N
O l
N
d
Of m
P
cn
F
-�
.....
C O
�
m
Q
r)
C C
m m
N
P
N
O
O
mN
N
O
F
N
D
rr;
m
cn
N
-- ,
o
N
C2
10
10
v .
>
Q
F
m
co m C.
m
10
E
?.
t
O
p
N
p -4
a N
P
^
o
^
n
c
N
u
1S Aempeoi8
N N }�'•' AV
~
L7
o
a
t
Q
LU
1S Aempewe
0
CD
,o
0
0
_ o
F P gO G P
too
.pe
o
0
0
o
F
M
1S lua3saio
o
P
O�
La
Vo
�
P
LLl
O
m
N
s0
O
_
M
F
a
N
r
N
E
F
N
P
d+Na
o
(n
P
N
W
P
>
IM
O
Q
M
Y
Q
P
�.
inN
Yf
O
b
�
m
U
1!!
to
p
m
O
v
da
°D
co
Q
u
°o
o�a
5.
o
a
u,
.O
O
00
cm,
O
N Ce
00
Om
a CD
c m
N
N N
O
N
�N
00
C O
O 2.
Jg hns�oa3l
NN
d
� L
1S Injoam
n `Do
T
N
P
C
U U
L
P
F
^
P
N
N
N N
O l
N
d
Of m
P
cn
F
-�
.....
C O
�
m
Q
r)
C C
m m
N
P
N
O
O
mN
D
rr;
m
cn
i„ �
o
-- ,
o
N
mE
C
10
v .
F
m
co m C.
m
10
E
?.
10
O
p
N
Q ry N N N N
L
O
n
N N }�'•' AV
~
L7
DESCRIPTION FOR SSMID PEPPERWOOD DISTRICT
BEGINNING AT THE SOUTHEAST CORNER OF LOT 1, PART OF BLOCK 2 BRAVERMAN CENTER,
IOWA CITY, IOWA ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 7, PAGE 20, IN THE
RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE;
THENCE NORTHWESTERLY ALONG THE SOUTHERLY LINE OF SAID LOT 1, AND ITS
NORTHWESTERLY EXTENSION TO A POINT ON THE CENTERLINE OF BROADWAY STREET;
THENCE SOUTH ALONG SAID CENTERLINE OF BROADWAY STREET TO ITS INTERSECTION WITH
THE EASTERLY EXTENSION OF THE NORTHERLY RIGHT=OF=WAY LINE OF CROSS PARK AVENUE;
THENCE WEST ALONG SAID EASTERLY EXTENDED NORTHERLY RIGHT-OF-WAY LINE AND
ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF CROSS PARK AVENUE, TO THE SOUTHEAST
CORNER OF LOT 17, OF A PORTION OF BLOCK 1, BRAVERMAN CENTER, IOWA CITY, IOWA,
ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 31, PAGE 137 IN SAID RECORDER'S OFFICE;
THENCE NORTH ALONG THE EAST LINE OF LOT 17 AND LOT 16, OF SAID A PORTION OF BLOCK 1,
BRAVERMAN CENTER, IOWA CITY, IOWA, TO THE NORTHEAST CORNER OF SAID LOT 16;
THENCE WEST ALONG THE NORTHERLY LINE OF SAID LOT 16 AND ITS WESTERLY EXTENSION TO
ITS INTERSECTION WITH THE CENTERLINE OF KEOKUK STREET;
THENCE NORTH ALONG SAID CENTERLINE OF KEOKUK STREET TO ITS INTERSECTION WITH THE
SOUTH LINE OF BRAVERMAN CENTER, LOT 2 OF BLOCK 1 AND BLOCKS 5,6 AND 7, ACCORDING TO
THE PLAT RECORDED IN PLAT BOOK 8, PAGE 69 IN SAID RECORDER'S OFFICE;
THENCE WEST ALONG SAID SOUTH LINE TO THE SOUTHWEST CORNER OF LOT 8, BLOCK 7 OF
SAID BRAVERMAN CENTER;
THENCE NORTH ALONG THE WEST LINE OF SAID LOT 8, BLOCK 7 OF BRAVERMAN CENTER AND
ITS NORTHERLY EXTENSION TO THE CENTERLINE OF SOUTHGATE AVENUE;
THENCE WEST ALONG SAID CENTERLINE OF SOUTHGATE AVENUE TO ITS INTERSECTION WITH
THE SOUTHERLY EXTENSION OF THE EAST LINE OF THE WEST 60 FEET OF LOT 4 OF BLOCK 5 OF
THE RESUBDIVISION OF PORTIONS OF BLOCKS 5 AND 6, BRAVERMAN CENTER, PARTS 1 AND 2,
IOWA CITY, IOWA ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 19, PAGE 93 IN SAID
RECORDER'S OFFICE;
THENCE NORTH ALONG SAID SOUTHERLY EXTENDED LINE AND ALONG SAID EAST LINE OF THE
WEST 60 FEET OF LOT 4 OF BLOCK 5 AND ALONG THE WEST LINE OF LOT 5 OF BLOCK 5 OF SAID
RESUBDIVISION OF PORTIONS OF BLOCKS 5 AND 6, BRAVERMAN CENTER, PARTS 1 AND 2, TO ITS
INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF OLYMPIC COURT;
THENCE NORTH TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF OLYMPIC COURT, SAID
POINT BEING ON THE WEST LINE OF LOT 6 OF BLOCK 5 OF SAID RESUBDIVISION OF PORTIONS OF
BLOCKS 5 AND 6, BRAVERMAN CENTER, PARTS 1 AND 2;
THENCE NORTH ALONG THE WEST LINE OF SAID LOT 6 OF BLOCK 5 TO THE NORTHWEST CORNER
OF SAID LOT 6 OF BLOCK 5 OF THE RESUBDIVISION OF PORTIONS OF BLOCKS -5 AND --6,
BRAVERMAN CENTER, PARTS 1 AND 2; = r
f' 7.3
- r�J
THENCE EAST ALONG THE NORTH LINE OF SAID LOT 6 OF BLOCK 5 OF THE RESUBDIVISION OF
PORTIONS OF BLOCKS 5 AND 6, BRAVERMAN CENTER, PARTS 1 AND 2, TO ITS INTERSECTION
WITH THE WEST LINE OF AUDITOR'S PARCEL 2020034, CITY OF IOWA CITY, JOHNSON COUNTY,
IOWA, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 64, PAGE 135 IN SAID RECORDER'S
OFFICE;
THENCE NORTH ALONG SAID WEST LINE OF AUDITOR'S PARCEL 2020034 AND ITS NORTHERLY
EXTENSION, TO ITS INTERSECTION WITH THE CENTERLINE OF THE EAST BOUND LANE OF U.S.
HIGHWAY NO. 6;
THENCE SOUTHEASTERLY, ALONG SAID CENTERLINE OF THE EAST BOUND LANE OF U.S.
HIGHWAY 6, TO ITS INTERSECTION WITH THE NORTHERLY EXTENSION OF THE EAST LINE OF
PART OF BLOCK 2, BRAVERMAN CENTER, IOWA CITY, IOWA, ACCORDING TO THE PLAT
RECORDED IN PLAT BOOK 7, PAGE 20 IN SAID RECORDER'S OFFICE;
THENCE SOUTH ALONG SAID NORTHERLY EXTENDED LINE AND ALONG SAID EAST LINE OF PART
OF BLOCK 2, BRAVERMAN CENTER, IOWA CITY, IOWA TO THE SOUTHEAST CORNER OF LOT 1,
PART OF BLOCK 2, BRAVERMAN CENTER, IOWA CITY TO THE POINT OF BEGINNING.
Owner(s) Name
Signature of
Address of Property
Assessed Value
(Printed)
Owner(s) or
in Proposed SSMID
Authorized
Representative
Domestic Violence
REDACTED
$266,000
ntervention Program Inc.
Shelter House
820 Cross Park Ave.
$2,045,030
Community Shelter &
Iowa City
Transition Services
Executive Director
MIDWESTONE BANK
1906 Keokuk St.
$2,083,300
Iowa City
Iowa City Market President
BREESE CO INC THE
611 Southgate Ave.
'$762,470
Iowa City
iLead Pastor of The Kingdom
Center of Iowa
PEPPERWOOD
Ijd(—
,985 HIGHWAY 6 E
$1,146,260
PROPERTIES, LLC
Ma a r
Ilowa City
PEPPERWOOD
1 -DA-,
PEPPERWOOD PLAZA
$63,240
'PROPERTIES, LLC
Mana er
LOT 11, Iowa City
'EPPERWOOD
/_"'
PEPPERWOOD PLAZA
$46,490
)ROPERTIES, LLC
Manager
LOT 11, Iowa City
PEPPERWOOD
PEPPERWOOD PLAZA LO
$229,300
PROPERTIES, LLC
Manager
10, Iowa City
PEPPERWOOD
j �
!25 HIGHWAY 6 E
$2,577,270
PROPERTIES, LLC
Manager
owa City
PEPPERWOOD LOT 2, LLC
A�'—
1926 KEOKUK ST
1893,730
Manager
owa City
fWIK TRIP, INC
11907 KEOKUK ST
61,959,950
owa City
300D NEWS BIBLE
845 PEPPERWOOD LN
$1,817,220
CHURCH
Iowa Ci
<EOKUK INVESTMENTS
2010 KEOKUK ST
!$484,940
LC
Iowa City
3OUTHSIDE SPIRITS LLC
1921 KEOKUK ST
,$344,750
Iowa City
THE MISFITS
1927 KEOKUK ST
Iowa City
3URTCH RENTALS LLC
1929 KEOKUK ST
$430,060
Ilowa City
HACKIE RENTALS LLC
11933 KEOKUK ST
:$361,920
Kowa City
ID GARCIA LLC
'1937 KEOKUK ST
$534,190
Iowa City
FINAL PETITION SD SSMID
Pepperwood and Pepperwood
Final Audit Report
Created: 2021-10-04
By: South District SSMID Volunteers (kpf@alumni.duke.edu)
Status: Signed
Transaction ID: CBJCHBCAABAAE2hEyg2HWQ10KB-fUO5gK8PBCZbfFupd
10.01.2021
Lot 2
2021-10-04
"FINAL PETITION _SD SSMID 10.01.2021 Pepperwood and Pep
perwood Lot 2" History
Document created by South District SSMID Volunteers (kpf@alumni.duke.edu)
2021-10-04 - 4:54:04 PM GMT- IP address: 70.39.111.244
Cay Document emailed to C Jerry Waddilove awaddilove@southgateco.com) for signature
2021-10-04 - 4:55:42 PM GMT
Email viewed by C Jerry Waddilove awaddilove@southgateco.com)
2021-10-04 - 8:30:23 PM GMT- IP address: 173.20.159:241
Document e -signed by C Jerry Waddilove Gwaddilove@southgateco.com)
Signature Date: 2021-10-04 - 8:30:53 PM GMT - Time Source: server- IP address: 173.20.159.241
Agreement completed.
2021-10-04 - 8:30:53 PM GMT
a Adobe Sign
d
Owner(s) Name
Signature of
Address of Property
Assessed Value
(Printed)
Owner(s) or
in Proposed SSMID
Authorized
Representative
)omestic Violence
REDACTED
$266,000
ntervention Program Inc.
Shelter House
820 Cross Park Ave.
$2,045,030
Community Shelter &
Iowa City
Transition Services
Executive Director
MIDWESTONE BANK
TD�/�/��q�%�
1906 Keokuk St.
$2,083,300
�% .....
Iowa City
Iowa City Market President
BREESE CO INC THE
611 Southgate Ave.
:$762,470
Iowa City
(Lead Pastor of The Kingdom
Center of Iowa
PEPPERWOOD
985 HIGHWAY 6 E
$1,146,260
PROPERTIES, LLC
Ilowa Ci
PEPPERWOOD
PEPPERWOOD PLAZA
$63,240
PROPERTIES, LLC
ILOT 11, Iowa City
P€PP€RWOOD
PEPPERWOOD PLAZA
$46,490
PROPERTIES, LLC
LOT 11, Iowa City
PEPPERWOOD
PEPPERWOOD PLAZA LOT
$229,300
PROPERTIES, LLC
10 Iowa Cijy
PEPPERWOOD
925 HIGHWAY 6 E
$2,577,270
'ROPERTIES, LLC
owa City
PEPPERWOOD LOT 2, LLC
1926 KEOKUK ST
1893,730
Iowa City
CWIK TRIP, INC
1907 KEOKUK ST
!;1,959,950
Iowa City
300D NEWS BIBLE
845 PEPPERWOOD LN
$1,817,220
3HURCH
Iowa City
KEOKUK INVESTMENTS
2010 KEOKUK ST
$484,940
_LC
Iowa City
3OUTHSIDE SPIRITS LLC
1921 KEOKUK ST
$344,750
Iowa City
THE MISFITS
'1927 KEOKUK ST
Iowa City
3URTCH RENTALS LLC
11929 KEOKUK ST
$430,060
Iowa City
MACKIE RENTALS LLC
11933 KEOKUK ST
,£361,920
Iowa City
D GARCIA LLC
1937 KEOKUK ST
$534,190
Iowa City
FINAL PETITION SD SSMID 10.01.2021
MidwestOne
Final Audit Report 2021-10-04
Created:
2021-10-04
By:
South District SSMID Volunteers (kpf@alumni.duke.edu)
Status:
Signed
Transaction ID:
CBJCHBCAABAAcN8UZJN2VTbbollm4-NPs79jOBm7jTCj
"FINAL PETITION—SID SSMID 10.01.2021 MidwestOne" History
Document created by South District SSMID Volunteers (kpf@alumni.duke.edu)
2021-10-04 - 4:10:48 PM GMT- IP address: 70.39.116.230
Document emailed to Todd Means (tmeans@midwestone.com) for signature
2021-10-04 - 4:11:18 PM GMT
Email viewed by Todd Means (tmeans@midwestone.com)
2021-10-04 - 6:07:18 PM GMT- IP address: 165.225.60.124
Document e -signed by Todd Means (tmeans@midwestone.com)
Signature Date: 2021-10-04 - 6:08:39 PM GMT - Time Source: server- IP address: 165.225.60.124
Agreement completed.
2021-10-04 - 6:08:39 PM GMT
' � I
Adobe Sign
Owners) Name
(Printed)
Signature of
Owner(s) or
Authorized
Representative
Address of Property
in Proposed SSMID
Assessed Value
Shelter House
Community Shelter &
Transition Services
2khe ya ��eCG
820 Cross Park Ave.
Iowa City
$2,045,030
ii 65tlni Cang¢ndli(Oct A. i.-- . -- :
Executive Director
N)
�,n
N)
�,n
FINAL PETITION -SID SSMID 10.01.2021
Shelter House
Final Audit Report 2021-10-04
Created: 2021-10-04
By: South District SSMID Volunteers (kpf@alumni.duke.edu)
Status: Signed
Transaction ID: CBJCHBCAABAAhiyrsal8ay-v6XCvC7T_V01Cc5_5LMu2
"FINAL PETITION SD SSMID 10.01.2021 Shelter House"
Histor
Y
Document created by South District SSMID Volunteers (kpf@alumni.duke.edu)
2021-10-04 - 3:25:41 PM GMT- IP address: 70.39.116.230
Document emailed to Christina Canganelli (crissy@shelterhouseiowa.org) for signature
2021-10-04 - 3:26:14 PM GMT
Email viewed by Christina Canganelli (crissy@shelterhouseiowa.org)
2021-10-04 -10:05:00 PM GMT- IP address: 162.253:46.69
Document e -signed by Christina Canganelli (crissy@shelterhouseiowa.org)
Signature Date: 2021-10-04 -10:32:22 PM GMT - Time Source: server- IP address: 162.253.46.69
Agreement completed.
2021-10-04 -10:32:22 PM GMT
�w7
'4
Adobe Sign
iri
Owner(s) Name
(Printed)
Domestic Violence
Intervention Program Inc.
Signature of
Owner(s) or
Authorized
Representative
Executive Director
Address of Property
in Proposed SSMID
REDACTED
Assessed Value
$266,000
FINAL PETITION -SID SSMID 10.01.2021
Redacted
Final Audit Report 2021-10-04
DVI P
Created: 2021-10-04
By: South District SSMID Volunteers (kpf@alumni.duke.edu)
Status: Signed
Transaction ID: CBJCHBCAABAAndFChL4P243Hhnc5GT9WWLV9X2FbTWO
"FINAL PETITION SD SSMID 10.01.2021 DVIP Redacted" Hist
ory
Document created by South District SSMID Volunteers (kpf@alumni.duke.edu)
2021-10-04 - 3:15:27 PM GMT- IP address: 70.39.116.230
Document emailed to Kristie Fortmann-Doser (kristie@dvipiowa.org) for signature
2021-10-04 - 3:16:08 PM GMT
Email viewed by Kristie Fortmann-Doser (kdstie@dvipiowa.org)
2021-10-04 - 3:43:03 PM GMT- IP address: 74.125.215.34
6p Document e -signed by Kristie Fortmann-Doser (kristie@dvipiowa.org)
Signature Date: 2021-10-04 - 3:43:16 PM GMT - Time Source: server- IP address: 66.129.205.109
Agreement completed.
2021=10=04 - 3:43:16 PM GMT
9
—j
x ri
Adobe Sign
Item Number: 7.c.
AL CITY OF IOWA CITY
=�c�-
COUNCIL ACTION REPORT
October 19, 2021
Resolution authorizing the City Manager to sign and City Clerk to attest a
28E Agreement with the Iowa Alcohol Beverages Division for Tobacco
Enforcement.
Prepared By: Susan Dulek, Ass't. City Attorney
Reviewed By: Dustin Liston, Police Chief
Geoff Fruin, City Manager
Fiscal Impact: none
Recommendations: Staff: Approval
Commission: N/A
Attachments: Resolution
Agreement
Executive Summary:
This resolution approves a 1 -year agreement with the State for financial assistance for tobacco
compliance checks. I n exchange for the City agreeing to check each tobacco, alternative nicotine
and vapor product permit holder, the State will pay the City $75 per compliance check. If a permit
holder is found to be non-compliant in the first check, the City agrees to conduct a second
compliance check.
Background /Analysis:
ATTACHMENTS:
Description
resolution
agreement
Iowa Secretary of State
321 East 12th Street
Des Moines, IA 50319
sos.iowa.gov
Full Legal Name
City of Iowa City
Iowa Alcohol Beverages Division
28E Agreement
Organization Type County
City Johnson
State Agency Polk
100 -LAW ENFORCEMENT
Agreement with the Iowa Alcohol Beverages Division for tobacco enforcement (Res 21-265)
06/30/2022
21-265.pdf
Contact Person: (Optional)
Kellie
Fruehling
City Clerk
City Clerk
kellie-fruehling@iowa-city.org
319-356-5041
FILED
Filing Date: 0112012022 03:57 PM
Filing Number: M514484
Prepared by: Susan Dulek, Asst. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030
RESOLUTION NO. 21-265
Resolution authorizing the City Manager to sign and City Clerk attest a
28E Agreement with the Iowa Alcohol Beverages Division for tobacco
enforcement.
Whereas, the Iowa Alcohol Beverages Division (ABD) is authorized to provide enforcement for
Iowa's tobacco, alternative nicotine and vapor product laws; and
Whereas, the ABD is willing to provide funding to the City for engaging in compliance checks and
enforcement checks for City Iowa's tobacco, alternative nicotine and vapor product laws; and
Whereas, it is in the interest of the City to sign the attached 28E Agreement for Tobacco,
Alternate Nicotine and Vapor Product Enforcement.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
The City Manager is hereby authorized to sign and the City Clerk to attest the attached 28E
Agreement for Tobacco, Alternate Nicotine and Vapor Product Enforcement and any amendments
as needed.
Passed and approved this 19th day of
Approved by
City Attorney's Office
(Sue Dulek — 10/1112021)
October .2021.
Resolution No. 91-269
Page 2
It was moved by Taylor and seconded by Weiner
Resolution be adopted, and upon roll call there were;
AYES:
NAYS
ABSENT:
Bergus
Mims
Salih
Taylor
Teague
Thomas
Weiner
the
SCHEDULE 3
THIS AGREEMENT is made and entered into on this Z JE' day of
0C -1 2021 by and between the Iowa Alcoholic Beverages
Division ("ABD"), and the city of 1Q2Za-Vi+,V
(The "Department"). The parties agree as follows:
SECTION 1. IDENTITY OF THE PARTIES.
1.1 Iowa ABD. The ABD is authorized pursuant to Iowa Code Chapter 453A and a
Memorandum of Understanding with the Iowa Department of Public Health to provide
enforcement for Iowa's tobacco, alternative nicotine and vapor product laws. The ABD's
address is: 1918 SE Hulsizer Road, Ankeny, Iowa 50021.
1.2 Department. The Department operates a duly recognized Iowa law enforcement agency.
The Department's address is:
Iowa City Police Department
410 E. Washington Street, Iowa City, Iowa 52240
SECTION 2. PURPOSE. The parties have entered into this Agreement for the purpose of
providing and funding tobacco, alternative nicotine and vapor product enforcement activities in
compliance with Iowa Code § 453A.2.
SECTION 3. TERM. The term of the Agreement shall be from the aforementioned date through
June 30, 2022, unless earlier terminated in accordance with the terms of the Agreement.
SECTION 4. FILING. Pursuant to Iowa Code § 28E.8, the ABD shall electronically file the
Agreement with the Iowa Secretary of State, after the parties have executed the agreement.
SECTION 5. RESPONSIBILITIES OF THE PARTIES.
5.1 Responsibilities of the Department.
5.1.1 Local Tobacco Alternative Nicotine and Vapor product Enforcement. The
Department shall provide tobacco, alternative nicotine and vapor product
enforcement of Iowa Code Chapter 453A.
5.1.2 Compliance Checks. "Compliance checks" mean activity to enforce tobacco,
alternative nicotine and vapor product laws in accordance with Iowa Code § 453A.2
within the jurisdiction of the Department. Compliance checks also may include
enforcement of § 453A.2 within additional jurisdictions upon agreement of the
Parties. ABD shall make available to the Department the location of each tobacco,
alternative nicotine and vapor product permit holder subject to a compliance check
by the Department at httos:fltobacco.iowaabd.com/.
The Department shall perform one (1) compliance check of each tobacco,
alternative nicotine and vapor product permit holder within the jurisdiction
of the Department during the term of the Agreement. Please note that
alternative nicotine and vapor products are age -restricted pursuant to Iowa
Code § 453A.2, and are therefore included in the I -PLEDGE program.
Attempts to purchase alternative nicotine and vapor products may be
conducted at any retailer that sells these products.
The Department shall not begin to conduct any retailer compliance
checks until October 1, 2021.
The compliance check shall be completed and submitted for reimbursement to ABD
by February 15, 2022. The Department should try to complete a compliance check
of all seasonal businesses such as golf courses, marinas and bait shops before the
businesses close for the 2021 business year, but not before October 1, 2021. If the
department is unable to complete the compliance checks on seasonal businesses
prior to the businesses close for the 2021 business year, the Department shall work
with ABD to establish a plan for completing these compliance checks.
The Department shall conduct a second compliance check on any retailer that is
found to be non-compliant during the first inspection. The second compliance
check on the non-compliant retailer shall be completed and entered no later than
May 15, 2022.
Clerks that fail compliance checks shall be ticketed criminally.
The Department shall, within seven (7) business days, notify the retail owner or
manager of any violation. Within seventy-two (72) hours of the Department issuing
a citation for a violation of Iowa Code § 453A.2(l) to a permit -holder or employee
of a permit -holder, the Department must notify the local permit -issuing authority
that issued the tobacco, alternative nicotine and vapor product permit to the retailer
where the offense was committed.
If the Department fails to complete and submit reimbursement for compliance
checks to ABD by February 15, 2022, ABD will consult with the Department to
establish a plan for completing the remaining compliance checks. In the
event that the Department fails to execute the agreed upon plan, the
Department agrees that ABD may authorize the Iowa State Patrol or other law
enforcement agency to conduct any remaining compliance checks.
5.1.3 Underage Purchaser Volunteers. Utilization of underage purchaser volunteers is
strongly encouraged where feasible. The Department may compensate the
underage purchasers involved in the compliance checks in a manner consistent with
N
Section 6. Underage purchasers from the age of sixteen to twenty years old may be
utilized in the program. Keep in mind that the federal government (SYNAR) will
not allow underage Purchasers under the age of sixteen to be used to conduct
compliance checks. Please ensure that the officers assigned to conduct the
compliance checks do not work with an underage purchaser younger than age of
sixteen. If utilizing multiple underage purchasers to perform compliance checks,
please ensure that a representative mix of 16, 17, 18, 19 and 20 year old underage
purchasers are used when feasible.
5.1.4 Routine Enforcement. In addition to conducting compliance checks, the
Department agrees to regularly enforce underage tobacco, alternative nicotine and
vapor product laws by ticketing underage offenders.
5.1.5 Civil Proceedings, The Department shall cooperate with city, county and state
prosecutors if civil permit proceedings are initiated against a tobacco, alternative
nicotine and vapor product permit holder. The Department shall also cooperate in
proceedings against cited clerks and underage persons. Cooperation shall include,
but not be limited to, sharing investigative reports and copies of issued citations, as
well as providing witness statements and testimony.
5.1.6 Compliance Reports, The Department shall provide monthly reports to the ABD
in the manner prescribed by the ABD.
5.1.7 Miscellaneous. The Department shall be responsible for the day-to-day
administration of its tobacco, alternative nicotine and vapor product enforcement
activities. The Department shall provide all office space, equipment and personnel
necessary to conduct tobacco, alternative nicotine and vapor product enforcement
activities under the Agreement. The Department is solely responsible for the
selection, hiring, disciplining, firing and compensation of its officers.
5.2 Responsibilities of the ADD.
5.2.1 Enforcement Guidance. The ASD shall provide guidance on tobacco, alternative
nicotine and vapor product enforcement to the Department, if needed, and
cooperate with the Department in the performance of the Agreement.
5.2.4 Payment. The ABD shall pay the Department in the manner described in Section
6,
5.2.5 Cooperation. If ABD believes that any officer of the Department fails to perform
duties in a manner that is consistent with the Agreement, the ABD shall notify the
Department. The Department shall then take such action as necessary to investigate
and, if appropriate, discipline or reassign the officer away from tobacco, alternative
nicotine and vapor product enforcement activities. The ABD shall have no
authority to discipline or reassign an officer, except that the ABD shall have the
authority to stipulate that a particular officer not be assigned to provide services
under the Agreement.
5.2.6 Insurance. Benefits and Compensation. The ABD shall not provide for, nor pay,
any employment costs of the Department's officers including, but not limited to,
worker's compensation, unemployment insurance, health insurance, life insurance
and any other benefits or compensation, nor make any payroll payments with
respect to the Department's officers. The ABD shall have no liability whatsoever
for all such employment costs or other expenses relating to, or for the benefit of,
the Department's officers.
SECTION 6. PAYMENT TO DEPARTMENT.
6.1 Method of_Paa+ment. In consideration for providing the services required by the
Agreement, the Department shall be paid on a flat fee basis of seventy-five dollars ($75)
per reported compliance check. The flat fee payment for each compliance check constitutes
the full and exclusive remuneration for the compliance checks. For example, compensation
of underage purchasers is the sole responsibility of the Department and is to be paid from
the flat fee payment.
6.2 Eligible Claims. Compliance checks that are conducted on or after October 1, 2021 are
eligible for payment provided that the results are reported in accordance with Section 5.
Any compliance checks that were funded by a non -departmental entity are not eligible for
payment.
6.3 Allocations. The costs of the services referred to in Section 6.1 shall be allocated as
follows:
6.3.1 Sole Activity. Money paid to the Department, pursuant to the Agreement, shall be
used to fund overtime of full- or part-time peace officer positions solely for tobacco,
alternative nicotine and vapor product enforcement activities described in the
Agreement. Money also shall be used for compensation, if any, of underage
purchasers. In addition, the Department may use money paid pursuant to the
Agreement for reasonable Department expenditures, including, but not limited to,
officer training and equipment, provided that such expenditures do not impair the
Department's ability to perform tobacco, alternative nicotine and vapor product
enforcement activities.
6.3.2 Payment in Arrears. The ABD may pay all approved invoices in arrears and in
conformance with Iowa Code § 8A.514. The ABD, consistent with Iowa Code §
8A.514, may pay in less than the specified time period. Payment by the ABD in
fewer than sixty (60) days, however, does not constitute an implied waiver of that
Code section.
4
SECTION 7. ADMINISTRATION OF AGREEMENT. The ABD and the Department shall
jointly administer the Agreement.
SECTION 8. NO SEPARATE ADMINISTRATIVE ENTITY. No new or separate legal or
administrative entity is created by the Agreement.
SECTION 9. NO PROPERTY ACQUIRED. The ABD and the Department, in connection with
the performance of the Agreement, shall acquire no real or personal property.
SECTION 10. TERMINATION.
10.1 Termination for Convenience. Following twenty (20) days written notice, either party
may terminate the Agreement, in whole or in part, for convenience without the payment of
any penalty or incurring any further obligation to the non -terminating party. Following
termination for convenience, the non -terminating party shall be entitled to compensation,
upon submission of invoices and proper proof of claim, for services provided under the
Agreement to the terminating party up to and including the date of termination.
10.2 Termination Due to Lack of Funds or Change in the Law. Notwithstanding anything in
this Contract to the contrary, and subj ect to the limitations set forth below, ABD shall have
the right to terminate this Contract without penalty and without any advance notice as a
result of any of the following:
10.2.1 The legislature or governor fail in the sole opinion of ABD to appropriate funds sufficient
to allow ABD to either meet its obligationsunder this Contract or to operate as required
and to fulfill its obligations under this Contract:
10.2.2 If funds are de -appropriated, reduced, not allocated, or receipt of funds is delayed, or if
any funds or revenues needed by ABD to make any payment hereunder are insufficient or
Unavailable for any other reason as determined by ABD in its sole discretion.
10.3 Termination for Cause. The occurrence of any one or more of the following events shall
constitute cause for any party to declare another party in default of its obligations under
the Agreement:
10.3.1 Failure to observe and perform any covenant, condition or obligation created by the
Agreement;
10.3.2 Failure to make substantial and timely progress toward performance of the
Agreement;
10.3.3 Failure of the party's work product and services to conform with any specifications
noted herein;
10.3.4 Infringement of any patent, trademark, copyright, trade dress or any other
intellectual property right.
10.4 Notice of Default. If there occurs a default event under Section 10.3, the non -defaulting
party shall provide written notice to the defaulting party requesting that the breach or
noncompliance be immediately remedied. In the event that the breach or noncompliance
continues to be evidenced ten days beyond the date specified in the written notice, the non -
defaulting party may either:
10.4.1 Immediately terminate the Agreement without additional written notice; or,
10.4.2 Enforce the terms and conditions of the Agreement and seek any available legal or
equitable remedies.
In either event, the non -defaulting party may seek damages as a result of the breach or
failure to comply with the terms of the Agreement.
SECTION 11, INDEMNIFICATION.
11.1 By ABA. Consistent with Article VII, Section 1 of the Iowa Constitution and Iowa Code
Chapter 669, ABD agrees to defend and indemnify the Department and hold it harmless
against any and all liabilities, damages, settlements, judgments, costs and expenses,
including reasonable attorney's fees of counsel required to defend the Department, related
to or arising out of ABD's negligent or wrongful acts or omissions in the performance of
the Agreement.
11.2 By the Dmartment. Consistent with Article VII, Section I of the Iowa Constitution and
Iowa Code Chapter 670, the Department agrees to defend and indemnify and hold the State
of Iowa and ABD harmless from any and all liabilities, damages, settlements, judgments,
costs and expenses, including reasonable governmental attorney's fees and the costs and
expenses of attorney fees of other counsel required to defend the ABD, related to or arising
from any negligent or wrongful acts or omissions of the Department in the performance of
this Agreement.
SECTION 12. CONTACT PERSON.
12.1 Contact Person. At the time of execution of the Agreement, each party shall designate,
in writing, a Contact Person to serve until the expiration of the Agreement or the
designation of a substitute Contact Person. During the term of the Agreement, each
Contact Person shall be available to meet, as otherwise mutually agreed, to plan the
services being provided under the Agreement.
SECTION 13. CONTRACT ADMINISTRATION.
13.1 Amendments. The Agreement may be amended in writing from time to time by mutual
consent of the parties. All amendments to the Agreement must be fully executed by the
parties.
13.2 Third Party Beneficiaries. There are no third party beneficiaries to the Agreement. The
Agreement is intended only to benefit ABD and the Department.
13.3 Choice of Law and Forum. The terms and provisions of the Agreement shall be construed
in accordance with the laws of the State of Iowa. Any and all litigation or actions
commenced in connection with the Agreement shall be brought in Des Moines, Iowa, in
Polk County District Court for the State of Iowa. This provision shall not be construed as
waiving any immunity to suit or liability that may be available to the State of Iowa, ABD
or the Department.
13.4 Assignment and Delegation. The Agreement may not be assigned, transferred or
conveyed in whole or in part without the prior written consent of the other party.
13.5 Integration. The Agreement represents the entire Agreement between the parties and
neither party is relying on any representation that may have been made which is not
included in the Agreement.
13.6 Headings or Captions. The paragraph headings or captions are for identification purposes
only and do not limit nor construe the contents of the paragraphs.
13.7 Not a Joint Venture. Nothing in the Agreement shall be construed as creating or
constituting the relationship of a partnership, joint venture, association of any kind or agent
and principal relationship between the parties. Each party shall be deemed an independent
contractor acting toward the expected mutual benefits. No party, unless otherwise
specifically provided for herein, has the authority to enter into any contract or create an
obligation or liability on behalf of, in the name of, or binding upon the other party to the
Agreement.
13.8 Supersedes Former Agreements, The Agreement supersedes all prior Agreements
between ABD and the Department for the services provided in connection with the
Agreement.
13.9 Waiver. Except as specifically provided for in a waiver signed by duly authorized
representatives of ABD and the Department, failure by any party at any time to require
performance by the other party or to claim a breach of any provision of the Agreement
shall not be construed as affecting any subsequent breach or the right to require
performance with respect thereto or to claim a breach with respect thereto.
13.10 Notices. Notices under the Agreement shall be in writing and delivered to the
representative of the party to receive notice (identified below) at the address of the party to
7
receive notice as it appears below or as otherwise provided for by proper notice here under.
This person shall be the Contact Person. The effective date for any notice under the
Agreement shall be the date of delivery of such notice (not the date of mailing) which may
be effected by certified U.S. Mail return receipt requested with postage prepaid thereon or
by recognized overnight delivery service, such as Federal Express or UPS. Failure to
accept "receipt" shall constitute delivery.
If to ABD: Jessica Ekman
Tobacco Proeram Coordinator
Iowa Alcoholic Beverages Division
1918 SE Hulsizer Road
Ankeny, Iowa 50021 _
515-281-7434
Email: Ekrnan@towaABD.com
If to Department:
Chief Dustin Liston
Iowa City Police Department
410 E. Washington Street
Iowa Citv, Iowa 52240
Email: dustin-Liston ,iowa-citv.or
13.11 Cumulative Riehts, The various rights, powers, options, elections and remedies of any
party provided in the Agreement, shall be construed as cumulative and not one of them
is exclusive of the others or exclusive of any rights, remedies or priorities allowed any
party by law, and shall in no way affect or impair the right of any party to pursue any
other equitable or legal remedy to which any party may be entitled as long as any default
remains in any way un -remedied, unsatisfied or un -discharged.
13.12 Severabilitv. If any provision of the Agreement is determined by a court of competent
jurisdiction to be invalid or unenforceable, such determination shall not affect the validity
or enforceability of any other part or provision of the Agreement.
13.13 Time is of the Essence. Time is of the essence with respect to the performance of the
terms of the Agreement.
13.14 Authorization. Each party to the Agreement represents and warrants to the other that:.
13.14.1 It has the right, power and authority to enter into and perform its obligations
under the Agreement.
13.14.2 It has taken all requisite action (corporate, statutory or otherwise) to approve
execution, delivery and performance of the Agreement, and the Agreement
constitutes a legal, valid and binding obligation upon itself in accordance with
its terms.
N
13.15 Successors in Interest, All the terms, provisions and conditions of the Agreement shall
be binding upon'and inure to the benefit of the parties hereto and their respective
successors, assigns and legal representatives.
13.16 Record Retention and Access. The Department shall maintain books, records and
documents which sufficiently and properly document and calculate all charges billed to
ABD throughout the term of the Agreement for aperiod of at least three (3) years following
the date of final payment or completion of any required audit, whichever is later. The
Department shall permit the Auditor of the State of Iowa or any authorized representative
of the State and where federal funds are involved, the Comptroller General of the United
States or any other authorized representative of the United States government, to access
and examine, audit, excerpt and transcribe any directly pertinent books, documents, papers,
electronic or optically shred and created records or other records of the Department
relating to orders, invoices, or payments or any other documentation or materials pertaining
to the Agreement. The Department shall not impose a charge for audit or examination of
the books and records.
13.17 Additional Provisions. The parties agree that any Addendum, Rider or Exhibit, attached
hereto by the parties, shall be deemed incorporated herein by reference.
13.18 Further Assurances and Corrective Instruments. The parties agree that they shall, from
time to time, -execute, acknowledge and deliver, or cause to be executed, acknowledged
and delivered, such supplements hereto and such further instruments as may reasonably be
required for carrying out the expressed intention of the Agreement.
SECTION 14. EXECUTION.
IN WITNESS WEEREOF, in consideration of the mutual covenants set forth above and for other
good and valuable consideration, the receipt, adequacy and legal sufficiency of which are hereby
acknowledged, the parties have entered into the Agreement and have caused their duly authorized
representatives to execute the Agreement.
By Alcoholic Beverages Division
Jo
'Wus Heppe
Regulatory Compliance Bureau Chief
11/912021
Date
By Law Enforcement Agency
Departlafit Official
)-.� �C';o 4--91141 oc
Depa ent if es
Approved By
owzjjo i4 "r -A t
/O/rolzo2l
Date
/o j -
Date
Item Number: 7.d.
AL CITY OF IOWA CITY
=�c�-
COUNCIL ACTION REPORT
October 19, 2021
Resolution amending budgeted positions in the Information Technology
Services Division of the Finance Department and the Administrative and
Confidential pay plan by adding one full-time Information Security Analyst
position, grade 26.
Prepared By: Michael Harapat, ITS Coordinator
Reviewed By: Dennis Bockenstedt, Finance Director
Geoff Fruin, City Manager
Fiscal Impact: Estimated cost of position is $93,000 to $121,000 which will be funded in the
current fiscal year in the ITS Fund Number 8300 through a combination of
expenditure reductions and fund balance.
Recommendations: Staff: Approval
Commission: N/A
Attachments: Resolution
Executive Summary:
Approval of this resolution will add an Information Security Analyst position, in the ITS division
within the Finance Office, at grade 26 of the Administrative and Confidential pay plan. This
position will be responsible for monitoring, tracking, and analyzing security systems at the City.
The position will focus on an in-depth analysis of existing and newly collected security data for
coordination and implementation of the City's cyber security objectives. This position will provide a
security focused approach to cyber security in user, application, and hardware management.
Background /Analysis:
In the fall of 2019, the ITS group had contracted with an outside entity to perform penetration
testing to determine the state of the current security management and mitigation systems. It was
determined that upgrades to the current security applications and processes were needed. Since
that time, the ITS group has taken part in a voluntary Certified Information Systems Auditor audit.
Ten areas of improvement where identified related to documentation, change management, and
cyber security. Since that time, the ITS group contracted with a cyber security company to
determine the best course of action to address the ten areas of improvement identified. The cyber
security company identified that the current ITS staff have been managing the current security
solutions, but have not able to devote necessary time on them due to other job functions. It was
strongly recommended that an Information Security Analyst be added to focus on the avoidance
and mitigation of cyber security threats.
Up until now, the current ITS staff has worked the new security management protocols into the
current workload. The Information Security Analyst position would be assigned all responsibilities
associated with security patching, monitoring, alerting, and coordination of mitigation.
The Information Security Analyst position will be funded in the FY2022 budget by reallocating
currently budgeted ITS funds. Expenditure reductions within the ITS Fund will be identified in
future budgets to ensure funding remains in place for this high priority position.
ATTACHMENTS:
Description
Resolution
Prepared by: Mike Harapat, ITS Coordinator, 410 E. Washington St, Iowa City, IA 52240 (319) 3565422
Resolution number 21-266
Resolution amending budgeted positions in the Information Technology
Services Division of the Finance Department and the Administrative and
Confidential pay plan by adding one full-time Information Security Analyst
position, grade 26.
Whereas, Resolution No. 21-73, adopted by the City Council on March 16, 2021, authorized
budgeted positions in the Information Technology Services Division of the Finance Department
for FY22; and
Whereas, Resolution No. 21-112, adopted by the City Council on May 4, 2021, established a
classification and compensation plan for Administrative, Confidential and Executive employees;
and
Whereas, it has been determined that the ITS administrative staff requires a security focused
position to help address evolving threats to the city's digital infrastructure; and
Whereas, the responsibilities and requirements of the Information Security Analyst position
have been evaluated and grade 26 of the Administrative and Confidential pay plan has been
determined to be the appropriate classification.
Now, Therefore, be it resolved by the City Council of the City of Iowa City, Iowa that:
1. The budgeted positions in the Information Technology Services Division of the Finance
Department be amended by adding one full-time Information Security Analyst position.
2. The Administrative and Confidential pay plan be amended by adding the position of
Information Security Analyst to grade 26.
Passed and approved this 19th day of October _,2021
Mayor
Attest:
Ci y Clerk / 1
Approved by
City Attoey s Office
(Jennifer Schwickerrath — 10/12/2021)
Resolution No.
Page 2
It was moved by Taylor and seconded by Weiner the
Resolution be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
Bergus
Mims
Salih
Taylor
x Teague
x Thomas
x Weiner
Item Number: 7.e.
1 CITY OF IOWA CITY
��.:.
-4
in � at
COUNCIL ACTION REPORT
October 19, 2021
Resolution authorizing the City Manager to sign an amendment to the loan
agreement with Public Space One, Inc. for community programming at 538
S. Gilbert St.
Prepared By: Susan Dulek, Ass't. City Attorney
Reviewed By: Geoff Fruin, City Manager
Fiscal Impact: No impact
Recommendations: Staff: Approval
Commission: N/A
Attachments: Agreement
Resolution
Amendment
Executive Summary:
The City and Public Space One, Inc. ("PS1") have an agreement whereby the City provided a
loan for the acquisition of 730 S. Dubuque St. in exchange for providing community programming
at the site. PS1 is selling 730 S. Dubuque St. and buying 538 S. Gilbert St. The amendment
requires PS1 to continue providing community programming at 538 S. Gilbert and also forgives
the loan in 2026.
Background /Analysis:
Public Access Television, Inc. ("PATV") provided public access and community programming on
cable television pursuant to a written agreement with the City from 1989 to 2019. To support
PATV's mission, the City provided a $125,000 loan to PATV in 2001 for partial funding to purchase and
improve 730 S. Dubuque St.
In 2019 PATV merged PS1 and dissolved. PS1 acquired 730 S. Dubuque St., assumed the
$125,00 loan, and entered into the Agreement for Loan and Community Programming approved in
Resolution No. 19-237. PS1 has entered into purchase agreements to sell 730 S. Dubuque St. and
acquire 538 S. Gilbert St.
Staff and PS1 have negotiated an amendment to the agreement to reflect the sale of 730 S. Dubuque
and acquisition of 538 S. Gilbert St., which this resolution would approve. Because PATV and PS1 will
have provided community programming and other services to the residents of the City for over 35
years, staff recommends that the loan be forgiven if PS1 adheres to the terms of the agreement for
another five (5) years. The proposed amendment includes this loan forgiveness provision.
FAA CTa:IMI=11il,kI&V
Description
agreement
resolution
amendment
AGREEMENT
FOR
LOAN AND COMMUNITY PROGRAMMING;
This Agreement for Loan and Community Programming (the "Agreement") is made between
Public Space One, Inc., an -Iowa nonprofit corporation, ("PSi") and the City of Iowa City, Iowa,
a municipal corporation, (the "City") in Iowa City, Iowa.
WHEREAS, Public Access Television, Inc. ("PATV") has provided public access and
community programming on cable television pursuant to a written agreement with the City for
nearly thirty (30) years;
WHEREAS, to support PATV's mission, the City provided a $125,000 loan to PATV in 2001
for partial funding to purchase and improve 730 S. Dubuque Street, Iowa City, Iowa, (the
"PATV Loan") legally described as:
The south 60.4 feet of Lot 5 in Block 18, in that part of Iowa City, Iowa, laid off
by the Commissioners of Johnson County, Iowa as the County Seat of Johnson
County, Iowa, according to the plat thereof recorded in Book 1 &2, page 253,
Deed Records of Johnson County, Iowa (the "Property");
WHEREAS, the City provided the loan to PATV pursuant to an agreement ("PATV Loan
Agreement"), evidence by a promissory note ("PATV Note"), and secured by a mortgage on the
Property ("PATV .Mortgage");
WHEREAS, PATV has decided to merge with PSI and dissolve;
WHEREAS, under the terms of the PATV Loan Agreement and PATV Note, PATV is obligated
to repay the PATV Loan to the City if it dissolves or fails to provide community programming
services; and
WHEREAS, PSI is willing to acquire the Property and continue to provide community
programming in exchange for assuming the PATV Loan and PATV Loan Agreement, and the
City forgiving the PATV Note and releasing the PATV Mortgage.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Loan. In consideration of the City forgiving the PATV Note and releasing the PATV
Mortgage, PSI promises to pay the PATV Loan as provided herein. No interest shall accrue on
the PATV Loan. PSI shall not be obligated to make payments on the PATV Loan unless the City
declares PSI in default of the terms of this agreement as provided herein.
2. Mortgage. PSI shall grant the City a mortgage on the property to secure this Agreement
to be recorded at PS1's cost (the "PSI Mortgage"). Said PSI Mortgage shall be junior to the
primary mortgage on the property held by Hills Bank and Trust Company.
2
PS 1 Qbligations. PSI shall:
A. Occupy the Property, in whole or part, for the purpose of providing community
programming. Content shall be distributed free of charge and does not need to be
broadcast on a cable television provider.
B. Provide alcohol free performance space at the Property to persons of all ages.
C. Provide free meeting space at the Property for community organizations, similar to the
meeting rooms available at the Iowa City Public Library.
D. Not sell or convey any legal or equitable interest in the Property without the City's
written consent. Notwithstanding any other provision herein, PSI may continue to
lease a portion of the Property to Extend the Dream Foundation, Inc. or other tenants.
E. Remain a private, non-profit corporation under the laws of the State of Iowa.
4. Community Programming. For purposes of this Agreement, community programming
includes, but is not limited to the following services to residents of the Iowa City area:
Professional staff and trainers for producer support; operate training workshops in media
production; make available media production equipment; assist with providing media access to
programs produced or provided by members of the Iowa City community; and provide nonprofit
community based graphic messaging.
5. Default/Notice. In the event that the City determines that PS1 has defaulted in the
performance of any of its obligations under this Agreement, the City may declare that default has
occurred and give notice thereof to PSI. Notice of default shall be given in writing, shall specify
the nature of the default and the provision of this Agreement involved, and shall specify what
action is required to correct the default. PSI shall have thirty (3 0) days from the date of its receipt
of the notice of default to correct the default. If at the end of said thirty (30) -day period the default
has not, in the opinion of the City, been corrected, the City may demand immediate repayment of
the PATV Loan, foreclose the PSI Mortgage, and pursue all lawful remedies.
Notice will be deemed to be delivered, and thus effective, when personally received, or
received by United States Mail, postage prepaid, certified mail return receipt requested, or
receipt is refused. Such notices shall be addressed as follows:
a. If to PSI, to:
Public Space One, Inc.
730 S. Dubuque Street
Iowa City, IA 52245
With a copy to:
David J. Bright
Pugh Hagan P.rahm PLC
425 E. Oakdale Boulevard, Suite 201
Coralville, IA 52241
b. If to the City, to:
City Attorney
City of Iowa City
3
410 Fest Washington Street
Iowa City, IA 52240
6. Amendment All amendments shall be in in writing.
7. Non -Assignability. PSI shall not assign this Agreement without the City's written
consent.
$. NoWiseritnination. PSI 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.
9. Ince agt dam. This Agreement contains the entire understanding of the parties.
10. Ccmflict of laws and Venue. The laws of the State of Iowa shall govern this Agreement,
and venue for any legal action hereunder shall be in the Johnson County District Court of Iowa
or the U.S. District Court for the Southern District of Iowa.
11. Sgtyeirability. If any provision or provisions of this Agreement shall be held to be invalid,
illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall
not in any way be affected or impaired thereby.
12. Attomeys' Fees, Costs and Expenses. Each party shall be responsible for its own attomeys'
Bees, costs and expenses arising from the negotiation and drafting of this Agreement and any
claims for enforcement or breach of said Agreement.
Date: September-17th—.2019.
lIl1BLl SPACE ONE, INC.
By:
Ibrecht, Director
Oq►AftmMO OMM
CITY OF 1OWA
ay:
G Fruity, CIty Manager
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
Resolution No. 21-267
Resolution authorizing the City Manager to sign an amendment to the
loan agreement with Public Space One, Inc. for community
programming at 538 S. Gilbert St.
Whereas, Public Access Television, Inc. ("PAN") provided public access and community
programming on cable television pursuant to a written agreement with the City from 1989 to
2019; and
Whereas, to support PATV's mission, the City provided a $125,000 loan to PAN in 2001 for
partial funding to purchase and improve 730 S. Dubuque Street, Iowa City, Iowa (730 S.
Dubuque St."); and
Whereas, in 2019 PAN merged with Public Space One, Inc. ("PSI") and dissolved; and
Whereas, PSI acquired 730 S. Dubuque St., assumed the $125,00 loan, and entered into the
Agreement for Loan and Community Programming approved in Resolution No. 19-237; and
Whereas, PSI has entered into purchase agreements to sell 730 S. Dubuque St. and acquire
538 S. Gilbert St., Iowa City, Iowa; and
Whereas, said agreement needs to be amended to reflect the sale of 730 S. Dubuque and
acquisition of 538 S. Gilbert St.,
Whereas, because PATV and PSI have provided community programming and other services
to the residents of the City for over thirty-five (35) years, it is a public purpose for the City to
forgive the loan if PSI adheres to the terms of the agreement for another five (5) years.
Now, therefore, be in resolved by the City Council of the City of Iowa City, Iowa that:
The City Manager is authorized to sign the attached First Amendment to Agreement for Loan
and Community Programming and further amendments as needed.
Passed and approved this 19th day of October 2021.
Attest:
AC Clerk
or
Approved
City Attome s Office
(Sue Dulek — 10/14/2021)
Resolution No. 21-267
Page 2
It was moved by 'Taylor and seconded by Weiner
Resolution be adopted, and upon roll call there were:
AYES: NAYS
ABSENT:
Bergus
Mims
Salih
Taylor
Teague
Thomas
Weiner
the
FIRST AMENDMENT
TO
AGREEMENT
FOR
LOAN AND COMMUNITY PROGRAMMING
WHEREAS, on September 17, 2019, Public Space One, Inc., an Iowa nonprofit corporation,
("PSI") and the City of Iowa City, Iowa, a municipal corporation, ("the City") entered into the
Agreement for Loan and Community Programming ("Agreement"); and
WHEREAS, under the terms of the Agreement, PSI agreed, in part, to provide community
programming in exchange for a loan of $125,000 from the City, which the City secured through
a mortgage on property locally known as 730 S. Dubuque St., Iowa City, Iowa ("730 S.
Dubuque) recorded September 24, 2019 in Book 5961, Page 201 in the Office of the Johnson
County Recorder ("730 S. Gilbert Mortgage"); and
WHEREAS, PSI has entered into purchase agreements to sell 730 S. Dubuque and acquire the
property locally known as 538 S. Gilbert St., Iowa City, Iowa, legally described as:
Lot 9, 10 and 11, Block 1, Lyon's First Addition to Iowa City, Iowa, according to
the recorded plat thereof, excepting therefrom that portion described on
acquisition plat recorded in Book 51, Page 348, Plat Records of Johnson County,
Iowa.
("538 S. Gilbert"); and
WHEREAS, the parties desire the City release the 730 S. Dubuque Mortgage and PSI grant a
mortgage on 538 S. Gilbert securing the Agreement; and
WHEREAS, the $125, 000 loan is a loan PSI assumed in 2019 from Public Access Television,
Inc. ("PATV"), which the City granted to PATV in 2001; and
WHEREAS, because PATV and PSI have provided community programming and other services
to the residents of the City since 1989, the City desires to forgive the loan if PSI adheres to the
terms of the Agreement for another five (5) years.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS
1. Loan. Paragraph 1 of the Agreement is amended by adding the following:
The City shall forgive the PATV Note evidencing the $125,000 loan on November 1, 2026 if
PSI satisfies its obligations under this amended agreement and the PATV Loan Agreement it
previously assumed, as solely determined by the City.
2. Mortgage. Paragraph 2 of the Agreement is amended by deleting it in its entirety and
substituting the following new Paragraph 2 in lieu thereof:
(00406033)
PSI shall grant the City a mortgage on 538 S. Gilbert ("538 S. Gilbert Mortgage") to secure
this amended agreement to be recorded at cost to PSI. The 538 S. Gilbert Mortgage shall be
junior to the primary mortgage on the property held by Hills Bank and Trust Company. The
City shall release the 730 S. Gilbert Mortgage, and PSI shall pay the recording fee.
3. PSI Oblieations. Paragraph IA of the Agreement is deleted in its entirety and the
following new Paragraph 1 A is substituted in lieu thereof:
A. Occupy 538 S. Gilbert, in whole or part, for the purpose of providing community
programming. Content shall be distributed free of charge and does not need to be
broadcast on a cable television provider.
All other terms of the Agreement, not inconsistent with this amendment, remain in full force and
effect.
Date: October 19th ,2021.
P BLIC SPACE ONE, INC.
By:
gelbrecht, Executive Director
*10 -t'F,d
City Attomey's Office
(00406033)
CITY OF IOWA CITY
By:
i6ell6uin, City Manager
1
Item Number: 7.f.
October 19, 2021
Resolution approving the final plat of Community View - Part Two, Iowa City,
Iowa (SUB21-0007).
ATTACHMENTS:
Description
Staff Report
Final Plat
Resolution
To: City Council
Item: SUB21-0007
Community View Part 2
GENERAL INFORMATION:
Applicant:
Property Owner:
STAFF REPORT
Prepared by: Joshua Engelbrecht, Planning Intern
and Anne Russett, Senior Planner
Date: October 11, 2021
MMS Consultants
1917 S. Gilbert St.
Iowa City, IA 52240
319-351-8282
Allen Development, LLC.
P.O Box 3474
Iowa City, IA 52244
Contact Person: Tracy Grecian
Allen Homes
tracygrecian.allenhomes@gmail.com
Requested Action:
Purpose:
Location:
Location Map:
Size:
Approval of a final plat in Iowa City
To allow the development of Community View Part
2, a 11.57 -acre, 40 -lot single-family residential
subdivision.
West Buckingham Lane, north of American Legion
Road
11.57 acres
Existing Land Use and Zoning: Undeveloped, zoned for residential
Surrounding Land Use and Zoning
Comprehensive Plan:
Neighborhood Open Space District
File Date:
60 Day Limitation Period:
2
RS -5 — Low Density Single Family Residential
North: P1 — Neighborhood Public
South: RM -12 — Low Density
Residential
East: RS -5 — Low Density
Residential
West: P1- Neighborhood Public
Southeast District Plan
SE3
May 27, 2021
Multi -Family
Single -Family
60 -day limitation period waived by owner
BACKGROUND INFORMATION:
The applicant, MMS Consultants, on behalf of Allen Homes, Inc. has submitted a final plat
application for Community View — Part Two. The 11.57 -acre project site contains 40 single-family
lots, located west Buckingham Lane, north of American Legion Road.
On November 7, 2019, City Council approved an annexation (ANN19-01) and rezoning (REZ19-
09) of the subject property to Interim Development Single -Family Residential (ID -RS). Subsequent
to the annexation and rezoning, the applicant submitted another rezoning application (REZ19-13)
requesting that 10.64 acres be rezoned to Low Density Multi -Family Residential (RM -12), 22.51
acres of to Low Density Single -Family Residential (RS -5), and 2.14 acres to Neighborhood Public
(P-1). City Council adopted a conditional zoning agreement of this property at their June 2, 2020
meeting containing the following conditions:
1. No building permit shall be issued for any portion of the subject property unless and until the
property has been subdivided pursuant to Iowa City Code Chapter 14; and
2. Any final plat shall generally conform to the concept plan, dated 02/26/2020, particularly with
regard to the extension of Eastbrook Street to the north -south street, and the development
of single-family, townhouse, and stacked -flat multi -family housing; and
3. Final plat of the eastern portion of land shall include a drainage easement of a size and in a
location to be determined in coordination with the City Engineer, which shall be dedicated
to the City, in a form of agreement acceptable to the City Attorney; and
4. Any final plat shall include traffic calming measures such as traffic circles and narrower lane
widths, and must be incorporated to the satisfaction of City staff to address concerns related
to speed; and
5. Owner shall install the trail connections shown in the concept plan at such time as the public
improvements are installed for any subdivision of the subject property and in accordance
with any subdivider's agreement executed at the time a final plat is approved.
On May 21, 2020, the Council approved the preliminary plat (SUB20-05) for the Community View
subdivision, a subdivision with 1 public lot, 3 -multifamily lots, and 57 single-family lots.
On September 1, 2020, City Council approved the final plat (SUB20-0001) for Community View —
Part One. Part One contained 1 public lot, 3 multifamily lots, and 17 single-family lots and met
3
conditions 1-4 with condition 5 being met after the installation of improvements.
On May 27, 2021, Staff received the final plat (SUB21-0007) for Community View— Part Two. Part
two contains the remaining 40 single-family lots included in the preliminary plat (SUB20-05).
ANALYSIS:
The final plat of Community View — Part Two is in general compliance with the preliminary plat and
subdivision regulations. Public Works approved the construction drawings with the approval of
Community View — Part One. Installation of those improvements is near completion. Legal papers
are currently being reviewed by the City Attorney's Office. It is anticipated that these documents will
be approved prior to the October 19, 2021 Council meeting.
Neighborhood Open Space: The City's Neighborhood Open Space Ordinance requires the
dedication of 0.25 acres or a $14,186 fee in lieu thereof. The payment of fees is appropriate for
this application. This requirement will be addressed in the legal papers.
Environmentally Sensitive Areas: The subject property does not contain any environmentally
sensitive features. The northern and western portions of the property are in the 100 and 500 -year
flood plains.
Storm Water Management: There is a storm water detention easement over the northwestern
portion of the property. The final plat for Community View — Part One has this area identified as
Outlot A. Through this subdivision, the applicant has proposed to decrease the size of this
easement area, but maintain the volume necessary for the proposed development. Public Works
has reviewed and approved the final design of the stormwater detention facility with the
construction drawings included with Part One. This facility will also provide the stormwater
detention needed for Part Two.
Infrastructure Fees: Prior to the issuance of any building permit, the applicant will be required
to pay $503.57 per acre for water main extension fees. The project site is not located in one of
the City's sanitary sewer districts, and therefore, the City collects no sanitary sewer tap on fees.
NFXT STFPS-
Once the final plat and legal documents are approved and all improvements have been accepted
by the City, the applicant can submit building permit applications.
STAFF RECOMMENDATION:
Staff recommends approval of SUB21-0007, the final plat of Community View — Part Two,
11.57 -acre, 40 -lot residential subdivision located west Buckingham Lane, and north of American
Legion Road.
ATTACHMENTS:
1. Final Plat
Approved by:
Danielle Sitzman, AICP, Development Services Coordinator
Department of Neighborhood and Development Services
LOCATION
SUDDIVIDER
PROMEESOR OR BANNER.
SUBJECT 13' OF COMMUNITY VIEW - P� ONE. INSING A
ALLEN DEVELOPMENT. LIC,
ALLIESS DEVELOPMENT. LJO
PORTION OF THE N��� QUARTER Do THE
PROU BOX 3474
P 0 BOX M74
NOR1MWEST O�TER. A PC>RTICN OF THE �TH�T
IOWA CULTO IOWA 6ANM4
ORMA CRITY, IOWA 522"
QUARTER OF THE NM� QUARTER. A FICARTICAN OF
CENTURGUNN
Day—
MEDIARCOM
QUARTER. AND A FACHATICHI OF THE NORTHWEST
� IS SING
LANDSUFAVEYOR
RICHARD R NO�Y BIBLE
QUARTER OF THE N�� QUARTER, A-1. OF
123 N LINN STREET SUITHE Wif
SECTION 18 TOWNSHIP TV NOULTSE, RANGE 5 WEST, Do
IOWA CUTS, IOWA 52ii�M
MMSW�ULT�l�
THE FIFTH PRINCI P� MERIDIAN, IOWA CRY, JOHNSON
25 35 DO'
1917 SOUTH GILB�T STREET
5359 27.25
53.15
N78 DO lo As
C5
90 00 00'
PHONE 319�5l�
Rai
3535
Out ED lo As
C7
11311 43'
DRUGS
49 39 37.91
BOND SURRATEPROR
N57 25 11 As
PLAT/PLAN APPROVED
by the
City of Iowa City
L07
IIM�aEVAnONIWOY�RE�ATM
RAO US
Guy Cmn
Dace.
Chi
SOURCE
M AY NOT
UTILITY INCLUDE SANITARY
N, NPV STORM SHOWN LINES
CN FOR DETAILS
UTILITY / WATER ITS. AS SEE OWNEWC. ARE DEQUATE FOR
THE INSTALLALLON AND MAINTENANCE CP THE P CRUETS REDDIR
ED BY THE FOLLOUNING AGENCIES
DRUGS
NOTE
MloeuERICAN ENERGY CD.
Dace.
CENTURGUNN
Day—
MEDIARCOM
NI
3535
Out ED lo As
ro
�O
.o>OUTLOT "A"
D
Al GO
=M1Do
8 8♦
BY
AtUP �4 W
' 51Buy
SCOTT PARK �
Sir
e4 O
57'
a 56, ti,g23
Sap a.a10 AT Gas t
54'
aAW BE
FINAL PLAT
COMMUNITY VIEW - PART TWO
IOWA CITY. JOHNSON COUNTY. IOWA
I LINE SEGMENT TABLE
L07
IIM�aEVAnONIWOY�RE�ATM
RAO US
RESTRUHROURSHOO
M4
Chi
SOURCE
91
DRUGS
NOTE
I TO
1 SOL DO
I N890940 Ell
ILL I DIEGO
I S331 8 A
39 By DRUGS
3535
Out ED lo As
C3
C4
fl37
12EDO
Hall
5303 25.95
58.21 29.35
5260
5795
N7m 0 44 As
5655717 E
Go
25 35 DO'
12EDO
5359 27.25
53.15
N78 DO lo As
C5
90 00 00'
DRUGS
39 By DRUGS
3535
Out ED lo As
C7
11311 43'
DRUGS
49 39 37.91
FOUR= P" ea.5nsII 9a
y� ,wFaSweewced
=—
8
On
ad
59 AsoR \�T
ti 5924 IMF
s1COCA141170 IMF 61 a 91 \ OF�0'at
32
10 AS Am
Seal / :oH I, I- 3�6 -I m E v,asDo Rut
Ric, 9,594 50F 1 see RSe �4a' B227 9�
49SAW am fell41 601 IS BEENOFleas ql .100 OF
vTNsm'Ellymom
CIAn. owl ..O] Tal 026E 01 s_he 07
I
=ml 38aW o _
N: Bei
Sol 480 w �a ;10,0 40 oIl Ik as1.... ��T rSI a25Ad ids a u.R
£ISIa, O,Dn�"S IIII „.1\,, aF gI u 0a,30D o�, olNaRoawE o O6a
h SO a eAT
s 24 D s
NNO HE k 982 ♦ mNO 'E Inci
To On ISS01
sa y Cie Nllp.r r. 23 r I IRS BE FM 111 22 BE
.i 546 E 2 —
SiI NO,
•' SO
HISS 9 i a Do'Isag Be II(wY
,TORM
iiia .. 45 "- cmIS SO H1H 20I ®TROVE
0 YA 44 rm _
NEED, I
USE) BUT 17 E�I
SET, BE AT E� Wy AT THE RECROUNIN UP
CURVE SEGMENT TABLE
L07
IIM�aEVAnONIWOY�RE�ATM
RAO US
RESTRUHROURSHOO
M4
Chi
SOURCE
91
DRUGS
NOTE
�WR�M ON LOI HOPED AT LEFT �T
CONFORM 70 IOWA CITY FLOW PLAN ORDINANCE,
C2
-pi Be
-BRUDY
39 By DRUGS
3535
Out ED lo As
C3
C4
25 19 11'
15 31 IN'
CURVE SEGMENT TABLE
L07
IIM�aEVAnONIWOY�RE�ATM
RAO US
RESTRUHROURSHOO
M4
Chi
SOURCE
90 00 00'
DRUGS
NOTE
�WR�M ON LOI HOPED AT LEFT �T
CONFORM 70 IOWA CITY FLOW PLAN ORDINANCE,
C2
-pi Be
CURVE SEGMENT TABLE
CURVE
DELTA
RAO US
LMQM ANCIENT
CHORD
BEARING
BE
90 00 00'
DRUGS
39 By DRUGS:
3535
SIR 50 SUD As
C2
-pi Be
-BRUDY
39 By DRUGS
3535
Out ED lo As
C3
C4
25 19 11'
15 31 IN'
12EDO
Hall
5303 25.95
58.21 29.35
5260
5795
N7m 0 44 As
5655717 E
Go
25 35 DO'
12EDO
5359 27.25
53.15
N78 DO lo As
C5
90 00 00'
DRUGS
39 By DRUGS
3535
Out ED lo As
C7
11311 43'
DRUGS
49 39 37.91
41 BY
N57 25 11 As
Be
37 25 42'
12EDO
7539 'Que
7700
54715 DE As
CRT
18 0 09'
12EDO
39 55 19.95
_39l
54711AN E
CIO
3211
FREDO
97 We 50.16
95 ZO
S21 21 35 E
Cil
Z212 43'
FREDO
5590 3337
5549
505 11 25 As
C12
11l'i
17fluef
333V 15 73
3330
Sayno 01 As
C13
16 50 30'
Hall
52.91 25 55
5272
5554755 E
C14
17 55 Zy�
Hall
56.31 2539
55 Be
SHREDDED E
cis
2 39 C�
Hall
533 4.15
533
539W 45 E
cis
"30 55'
RADIUS
18.13 9 US
--hal
-CHOMAighp
C17
1415 55'
RADIUS
57 By 2576
57.12
525SE 21 E
cis
1415:55:
RADIUS:
57 Zi 25 76:
57.12:
S115325 E
3
5 a
C20
Fund.
2 7
C21
P,4551'
19.
S26 ED 20 W
US
27 3
C23
17 58 05'
18D
25 45
55220
"1 3517 W
C24
17 54 54
18D
25 37
55 05
S7232 HE W
C25
7 39 Zi
18D
12 DO
240+2
5551 9 BE W
dN
C26
41059.
iel P!
HE 1 50
C27
DIOS+ 21'
18D
I By
55 55
N75fari W
C29
50 37 Zi
15D Do
87 5 9
151.4v
S58 0 E W
C30
56 20 par
20D Do
13" 73
21555
SDI 3759 E
C31
185309.
15D Do
24 C 5
49 22
5471 +4 E
LEGEND AND NOTES
AG 41, OU 43 pa 45
a:=a;" TO THE APPROVED ENSIGN µoda S AND WO �IOT ON EWITH THE CITY E
IOWA CGES' FOR THE GUIPARATION THAT HAS SEEN WT�LIS�
CONGRESSIONAL CORNER.
TCONGRESSNALON(bo
Fel
D - IOCORNER.UDE DRim
N
PROPERTY RNEWONDin
- D
O-PROEEFn PEANUTS EI
OR
=ro' Ida" plastic L P
®t
Run MOMSH,o
- PROPERTY /a. BOUNDARY FREE
- CONGRESSIONAL Si FREE
- RIGHT OF My LINES
CENTER USES
LOT UNES. INTERNAL
LOT PLATTED OR BY DEED
— EASEMENT UNER. NDTH . HERBERT NOTED
------------ Exlsnxc EASEMENT LINES. PURPO E NOTED
- MEASURED DIMENSIONS
CURVE
UNLESS NOTED OTHER;:g AL DIMENSIONS FEET HNDREDI
NEma on um Gatavo NOT l
°amanyix mmmaam ay acres III IAO nmm amble aDae
rem Mof ampartyany r Mm bMAo,anm m aJae ion
of
AG 41, OU 43 pa 45
a:=a;" TO THE APPROVED ENSIGN µoda S AND WO �IOT ON EWITH THE CITY E
IOWA CGES' FOR THE GUIPARATION THAT HAS SEEN WT�LIS�
Fel
15 AS FEET WOE UTILLITS' �EMEW
OR
wgdMgA am Ell houbc SOFT dwwvAmF
®t
ENTRANTERED1
SECTION "I PART seal �T�Y8
15W FOUTWIDE
RM
DESCRIPTION - COMMUNITY VIEW - PART TWO
I CERTIFY THAT DURING THE MONTH OF MAY, 2021 A SURVEY WAS MADE UNDER MY SUPERVISION
OF OUTLOT "B" OF COMMUNITY VIEW - PART ONE, IN ACCORDANCE WITH THE PLAT THEREOF
RECORDED IN PLAT BOOK 64 AT PAGE 109 OF THE RECORDS OF THE JOHNSON COUNTY
RECORDER'S OFFICE, BEING A PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER, A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, A PORTION
OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, AND A PORTION OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER, ALL OF SECTION 18, TOWNSHIP 79 NORTH,
RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA. SAID
OUTLOT "B" CONTAINS 11.57 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF
RECORD.
I I ... by sai that this land surveying document was prepared and
the related lumber ... A
e or under my direct
dlN�g91NIN4( RON ^enw, under the IJ.e of the state o1 m.o. a Prnrcaxlenm dans
personal supari ane that am a say cense
ILE
AS
CIA
2E
;i°I RICIWiO 1RICHARD R OMQTNY
R PELS. low, HIS. 17916
Ie.
�
IWWOMY license renewal data " December 5.20— 1 Den $
"Al >SaiiF' A
OWA
GRAPHICWALE IENFEET Pages or sheets covered by this seal:
r=100'
Signed before in, this --- day of ----- 2E
Notary PJhno. In and far the state of I..n. — — —
M
M
CIVIL ENGINEERS
LAND PLANNERS
LANDSURVEYORS
LANDSCAPE ARCHITECTS
ENVIRONMENTAL SPECIALISTS
V••m a
(319H351-8282
x
w .mms nsuMnts.net
�21 PER TERN REVIEW-RLW
SHOU2021
1 021 AVISETOTIBI a.RL.6
FINAL PLAT
COMMUNITY VIEW
PART TWO
ONE BEuG A NWION OF THEW PMT
NORTHFASTOUAm ROFTIE
NORTHWEST QUARTER, A PoRTONCf
THE 5OM1 TWARIER OF THE
NORTHWEST
osrRTERAPORMGNDF
T QUARTER OF ME
NORTHWEST QUARTER AMO A PORTION
OF THE NORTXWFST QUARTER OF THE
NOmnwesT QUARTER ALL OF
SECTION TM
nNiucpw T,O�HECRM
MERIDIVAN
OWA CITY
JOHNSON COUNTY
IOWA
MMS CONSULTANTS, INC.
05-24-2021
Ree,am ONE RLA FIRGER Come ve 12411
actin �. a.
cn.we Ng RRN s et w.
aepaR ua,
IOWA CItt
7596-105 aa. 1
F 2f.
OocI0: 026295790026 Type. GEN
Kind: Sl1at VI310N
Recorded: 11/09/2021 at 09:30:42 Ari
Fee Amt: $132.00 Page t of 26
Johnson County Iowa
Kim Painter County Recorder
BK6308 PG621-646
STATE OF IOWA )
) SS
JOHNSON COUNTY )
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.org
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. 21-268, which was passed by the City Council of Iowa City, Iowa,
at a regular meeting held on the 19th day of October 2021, all as the same appears of record in my office.
Also attached are the fmal legal documents for Community View – Part Two, Iowa City, Iowa.
Dated at Iowa City, Iowa, this `— ' tiay of k1 ✓i I1 i Y 2021.
6Ke�lla K. Fruehling
City Clerk
fires subdivision
Prepared by: Joshua Engelbrecht, Planning intern, 410 E. Washington St., Iowa City, IA 52240 (SUB21-0007)
Resolution No. 21-268
Resolution Approving the Final Plat of
Community View — Part Two, Iowa City, Iowa (SUB21-0007).
Whereas, the owner, Allen Development, LLC, filed with the City Clerk the final plat of Community
View — Part 2, an 11.57 -acre subdivision consisting of 40 residential lots located north of
American Legion Road and west of Buckingham Lane in Iowa City, Iowa, Johnson County, Iowa;
and
Whereas, said subdivision in located on the following -described real estate in Iowa City, Johnson
County, Iowa, to wit:
Outlot "B" OF COMMUNITY VIEW — PART ONE, BEING A PORTION OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER, A PORTION OF THE SOUTHEAST QUARTER
OF THE NORTHWEST QUARTER, A PORTION OF THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER, AND A PORTION OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER, ALL OF SECTION 18, TOWNSHIP 79 NORTH, RANGE 5 WEST,
OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA.
Whereas, the Neighborhood and Development Services Department and the Public Works
Department examined the proposed final plat and subdivision, and recommended approval; and
Whereas, a dedication has been made to the public, and the subdivision has been made with the
free consent and in accordance with the desires of the owners and proprietors; and
Whereas, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa
(2021) and all other state and local requirements.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that
1. The said final plat and subdivision located on the above-described real estate be and the
same are hereby approved.
2. The City accepts the dedication of the streets and easements as provided by law and
specifically sets aside portions of the dedicated land, namely streets, as not being open for
public access at the time of recording for public safety reasons.
3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and
directed, upon approval by the City Attorney, to execute all legal documents relating to
said subdivision, and to certify a copy of this resolution, which shall be affixed to the final
plat after passage and approval by law. The City Clerk shall record the legal documents
and the plat at the office of the County Recorder of Johnson County, Iowa at the expense
of the owner.
Resolution No. 21 -?fig
Page 2
Passed and approved this 19th day of _ October 20 21
M
Approved by
Attest: zz
C ty Clerk City Alto s 8fice
(Sara Greerykood Hektoenl-10114/2021)
It was moved by Taylor and seconded by
adopted, and upon roll call there were:
Ayes:
Nays:
Weiner the Resolution be
Absent:
Bergus
Mims
Salih
Taylor
Teague
Thomas
Weiner
Item Number: 7.g.
1 CITY OF IOWA CITY
in � at
COUNCIL ACTION REPORT
October 19, 2021
Resolution accepting the work for the Asphalt Resurfacing — US Hwy 1
(Burlington Street and Governor Street) 2018 Project.
Prepared By: Scott Sovers, Assistant City Engineer
Reviewed By: Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact: None
Recommendations: Staff: Approval
Commission: N/A
Attachments: Engineer's Report
Resolution
Executive Summary:
Work on the project was recently completed by LL Pelling Company of North Liberty, Iowa in
substantial accordance with the plans and specifications prepared by the City of Iowa City. The
Engineer's Report and Performance and Payment bonds are on file with the City Clerk.
• Project Estimated Cost: $ 2,972,900.00
• Project Bid Received: $ 2,989,880.24
• Project Actual Cost: $ 2,792,817.05
There were nine (9) change orders on this project, which included storm and sanitary sewer
repairs, traffic signal adjustments, asphalt pavement surface repairs to Dodge Street (Governor
Street to Burlington Street), and the addition of bike boxes at the Governor Street/ Market Street
and Dodge Street/Jefferson Street intersections.
Background /Analysis:
This was a joint Iowa Department of Transportation and City of Iowa City maintenance project that
generally included asphalt resurfacing along Highway 1 in Iowa City, including Burlington Street,
from Van Buren Street to Governor Street, and Governor Street, from Burlington Street to Dodge
Street.
ATTACHMENTS:
Description
Engineer's Report
Resolution
ENGINEER'S REPORT
October 11, 2021
City Clerk
Iowa City, Iowa
I r
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 - 1826
(319) 356 - 5000
(319) 356 - 5009 FAX
www.icgov.org
Re: Asphalt Resurfacing 2018 — US Hwy 1 (Burlington Street and Governor Street) Project
Dear City Clerk:
I hereby certify that the construction of the Asphalt Resurfacing 2018 — US Hwy 1 (Burlington
Street and Governor Street) Project has been completed by LL Pelling Company of North Liberty,
Iowa in substantial accordance with the plans and specifications prepared by the City.
The project was bid as a unit price contract and the final contract price is $ 2,792,817.05.
There were nine (9) change or extra work orders for the project as described below:
Change Order Description
1. Temporary barrier rail as needed to perform utility work
adjacent to travel lanes.
2. Trenchless installation of sanitary sewer. Bid documents
included traditional open cut installation.
3. Storm sewer intake repairs.
4. Storm sewer intake adjustments.
5. Traffic signal conduit and handhole replacements.
6. Bloomington Street storm sewer and water service repairs.
7. Governor Street sanitary sewer manhole adjustments.
8. Dodge Street asphalt pavement surface repairs.
9. Bike boxes at Governor Street/Market Street and Dodge
Street/Jefferson Street intersections.
TOTAL
Net Contract Chanae
$11,836.00
($30,285.94)
$6,220.00
$912.89
$9,776.80
$4,801.94
$16,160.23
$97,231.03
$14,703.00
$131,355.95
I recommend that the above -referenced improvements be accepted by the City of Iowa City,
Sincerely,
Jason Havel, P.E.
City Engineer
Prepared by: Scott Sovers, Assistant City Engineer, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142
Resolution No. 21-269
Resolution accepting the work for the Asphalt Resurfacing — US
Hwy 1 (Burlington Street and Governor Street) 2018 Project
Whereas, the Engineering Division has recommended that the work for construction of the
Asphalt Resurfacing— US Hwy 1 (Burlington Street and Governor Street) 2018 Project, as
included in a contract between the City of Iowa City and LL Pelling Company of North Liberty,
Iowa, dated May 25, 2018, 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 Annual Pavement Rehabilitation account #
S3824; and
Whereas, the final contract price is $2,792,817.05.
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 19th day of October , 2021
Miyd�Q
r
Approved by
Attest. L
40tyerkCity Attor ey's Office
(Sara Greenwood Hektoen — 10/13/2021)
It was moved by 'Taylor and seconded by Weiner the Resolution be
adopted, and upon roll call there were
Ayes:
x
Nays:
Absent:
Bergus
Mims
Salih
Taylor
Teague
Thomas
Weiner
Item Number: 7.h.
AL CITY OF IOWA CITY
=�c�-
COUNCIL ACTION REPORT
October 19, 2021
Resolution accepting the work for the Gilbert Court Sidewalk Infill Project.
Prepared By: Marri VanDyke, Civil Engineer
Reviewed By: Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact: None
Recommendations: Staff: Approval
Commission: N/A
Attachments: Engineer's Report
Resolution
Executive Summary:
The project has been completed by All American Concrete, Inc. of West Liberty, Iowa, in
substantial accordance with the plans and specifications prepared by the City of Iowa City. The
Engineer's Report and Performance and Payment bonds are on file with the City Clerk.
• Project Estimated Cost: $ 87,000.00
• Project Bid Received: $ 70,390.00
• Project Actual Cost: $ 71,052.30
Background /Analysis:
The City received several requests for sidewalk along Gilbert Court. This is a heavily -used
pedestrian area, as many people are headed to the Crisis Center, Free Lunch, Crowded Closet,
Salvation Army, MYEP and other social service agencies located on Gilbert Court. There is also a
bus stop located near the intersection of Highland Avenue and Gilbert Court. The only properties
along Gilbert Court in this area that did not have sidewalk were the properties on both sides of the
street immediately north of Highland Avenue. This project installed sidewalk in those locations.
ATTACHMENTS:
Description
Engineer's Report
Resolution
I r
:rui A
^� eMIM rm a ®1
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 - 1826
ENGINEER'S REPORT (319) 356 - 5000
(319) 356 - 5009 FAX
www.i.cgov.org
October 12, 2021
City Clerk
Iowa City, Iowa
RE: Gilbert Court Sidewalk Infill Project
Dear City Clerk:
I hereby certify that the Gilbert Court Sidewalk Infill Project has been completed by All American
Concrete, Inc., of West Liberty, Iowa, in substantial accordance with the plans and specifications
prepared by the City of Iowa City.
The project was bid as a unit price contract and the final contract price is $71,052.30. There were
no change or extra work orders for the project.
I recommend that the above -referenced improvements be accepted by the City of Iowa City,
Sincerely,
Jason Havel, P.E.
City Engineer
Prepared by: Marri VanDyke, Engineering Division, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044
Resolution No. 21-270
Resolution accepting the work for the Gilbert Court Sidewalk
Improvement Infill Project
Whereas, the Engineering Division has recommended that the work for construction of the Gilbert
Court Sidewalk Infill Improvement Project, as included in a contract between the City of Iowa City
and All American Concrete, Inc. of West Liberty, Iowa, dated May 18, 2021, 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 Gilbert Court Sidewalk Infill Project account
#S3957;and
Whereas, the final contract price is $71,052.30.
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 19th day of October , 2021
Ma&r
Attest:L4 I
Cit Clerk
Approved by
Z/
City Attorn 's Office
(Sara Greenwood Hektoen — 10/13/2021)
It was moved by Taylor and seconded by Weiner
adopted, and upon roll call there were:
Ayes:
x
Nays:
Absent:
Bergus
Mims
Salih
Taylor
Teague
Thomas
Weiner
the Resolution be
Item Number: 8.e.
AL CITY OF IOWA CITY
=�c�-
COUNCIL ACTION REPORT
October 19, 2021
Resolution setting a public hearing on November 16, 2021 on project manual
and estimate of cost for the construction of the Influent Rake and Screen
Replacement 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: Tim Wilkey, Wastewater Superintendent
Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact: $1,800,000 available in the Influent Rake and Screen Replacement account #
V3153
Recommendations: Staff: Approval
Commission: N/A
Attachments: Resolution
Executive Summary:
This agenda item begins the bidding process for the construction of the Influent Rake and Screen
Replacement Project.
Background /Analysis:
The influent pump station at the wastewater treatment facility has two rake and screen assemblies
that catch large debris at the head of the treatment process. They have been in continual
operation since being installed in the late 1990's and are nearing the end of their useful life. This
equipment prevents blockages and excessive wear on downstream pumps and grinders and is
critical for the operation of the treatment facility.
One of the assemblies failed catastrophically in the fall of 2017 and again in 2018. Although it was
repaired to be operational, staff is not confident in how long the repairs will last given the age of
the equipment. Maintenance on both assemblies has been increased with the anticipation that
either could fail again. Future repair costs are unknown but expected to be greater than previous
repairs
This project will replace both existing rake and screen assemblies, which are necessary to
maintain the viability of the screening function and decrease annual maintenance costs.
Operational efficiency improvements include adding washing presses and a conveyance system
to a new screenings storage building addition; replacing influent channel slide plates with slide
gates; and adding a new dewatering station and associated pavement for septic haulers that
transport high grit (car wash) loads.
Project Timeline:
Set Public Hearing — October 19, 2021
Hold Public Hearing — November 16, 2021
Bid Letting — December 7, 2021
Award Date — December 14, 2021
Construction — Winter 2021 — Fall 2022
ATTACHMENTS:
Description
Resolution
Prepared by: Ben Clark, PE, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319) 356-5436
Resolution No. 21-271
Resolution setting a public hearing on November 16, 2021 on
project manual and estimate of cost for the construction of the
Influent Rake and Screen Replacement 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 Influent Rake and Screen Replacement
account # V3153.
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 161" day of November, 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 19th day of October 2021
M20
CLApproved by �
Attest: L/
ity lerk City Attorn s Office
(Sara Greenwood Hektoen —10/13/2021)
Resolution No. 21-271
Page 2
It was moved by 'Taylor and seconded by Weiner the Resolution be
adopted, and upon roll call there were:
Ayes:
Nays:
Absent:
Bergus
Mims
Salih
Taylor
Teague
Thomas
Weiner