HomeMy WebLinkAbout2022-04-05 ResolutionItem Number: 6.a.
4CITY OF IOWA CITY
!kr4gi,'��� COUNCIL ACTION REPORT
April 5, 2022
Motion to approve a tentative agreement between the City of Iowa City and
the Iowa City Association of Professional Firefighters, IAFF Local #610,
subject to union ratification.
Prepared By: Karen Jennings, Human Resources Administrator
Reviewed By: Geoff Fruin, City Manager
Fiscal Impact: Compensation and insurance terms are expected to fall within future budget
parameters.
Recommendations: Staff: Approval
Commission: N/A
Attachments: Tentative agreement
Executive Summary:
The current Fire Union collective bargaining agreement, effective through June 30, 2024, included
a re -opener for wages and insurance for Fiscal Years 2023 and 2024. The City participated in
collective bargaining with the Fire Union in accordance with Chapter 20 of the Iowa Code. After
exchanging initial proposals on December 6, 2021 and December 20, 2021, the parties
participated in a bargaining session on January 21, 2022 and mediation on February 10, 2022. A
tentative agreement was reached following mediation and is subject to both City Council approval
and union ratification.
Background /Analysis:
Fire contract re -opener for wages and insurance was voluntarily settled for Fiscal Years 2023 and
2024. Negotiated wage adjustments provide for a 3.5% across the board increase in July 2022, a
3% across the board increase in July 2023, and minor increases to the longevity pay schedule.
The insurance terms provide for increased deductible and out of pocket maximums and an
increase in employee premium contribution to 11% of premium in FY23. Wage and insurance
settlements mirror those negotiated with the Police union for FY23 and FY24.
The agreement also provides for dental insurance coverage consistent with the coverage offered
to AFSCME and non -bargaining employees effective January 2023.
Finally, the parties agreed to include a sick leave conversion option starting in FY24 permitting
employees with an accrued sick leave balance of at least 1490 to convert up to 745 hours of sick
leave to pay at the rate of 4 hours leave to 1 hour of pay. It also allows conversion of excess
balance over 1490 hours (not to exceed 670 hours) at a rate of 4 hours leave to 1 hour pay upon
retirement. This benefit is comparable to sick leave conversion included in the Police union
contract.
The tentative agreement is attached and is subject to union ratification.
ATTACHM ENTS:
Description
Tentative agreement
TENTATIVE AGREEMENT
CITY OF IOWA CITY, IOWA
AND
IAFF LOCAL #610
For the Period
July 1, 2022 through June 30, 2024
March 25, 2022
The parties agree to recommend the following contract modifications to the Union membership
and City Council for ratification.
1) Insurance
Modify the Insurance Article to reflect the following:
Contribution Rates:
July 1, 2022 — 11% Single and Family
July 1, 2023 —11% Single and Family
Plan Design:
January 1, 2023 — Deductible $800 (Single) and $1600 (Family); OPM $1300 (Single)
and $2600 (Family)
Dental:
January 1, 2023 -- Employees shall be offered dental benefits consistent with AFSCME
and non-union employees.
2) Job Classification and Wage Rates
July 1, 2022 — 3.5% ATB
July 1, 2023 — 3.0% ATB
3) Article IX (Sick Leave) — Delete the second paragraph of Section 1 and replace it with the
following:
Effective July I, 2023, an employee with sick leave accrued in excess of and including 1490
hours may elect to convert up to 745 hours of sick leave to pay at the rate of 4 hours sick
leave to I hour of pay. If an employee elects to participate in this program, he/she must
submit in writing to Human Resources the intent to convert sick leave to pay by June P',
and the payment shall be made in the last payroll of the fiscal year.
In addition to the above, if an employee elects to enter into a bona fide retirement, the
employee may convert any additional sick leave over 1490 hours (not to exceed 670 hours)
at the rate of 4 hours of sick leave to 1 hour of pay. The employee must elect in writing to
take advantage of this program and the payment shall be made on the date of their final
paycheck As an example, if an employee retires with 1600 hours of sick leave accrued, the
employee will be eligible to receive 213.75 hours of pay.
4) Duration
Change the dates here and in the body of the contract as necessary to reflect the
Agreement continuing through June 30, 2024.
5) Longevity Pay
Changes the table of payments by years of service duration as illustrated below:
Years of Service
(Current)
(New)
(Difference)
5 years 1 day — 10 years
365
380
+15
10 years 1 day — 15 years
540
560
+20
15 years 1 day — 20 years
690
720
+30
20 years 1 day — 25 years
840
875
+35
25 years 1 day+
1,090
1,135
+45
FOR THE CITY:
C.17.
3/zS/z2
FOR THE UNION:
Item Number: 6.b.
1 4CITY OF IOWA CITY
!kr4gi,'��� COUNCIL ACTION REPORT
April 5, 2022
Resolution amending the budgeted positions in the Neighborhood Services
Division of the Neighborhood and Development Services Department and the
Communications Division of the City Manager's Office and the AFSCME pay
plan by deleting one full-time Associate Planner - Neighborhood Services
position, grade 15, and adding one 0.5 FTE Outreach and Engagement
Specialist position, grade 12.
Prepared By: Rachel Kilburg, Assistant City Manager
Reviewed By: Geoff Fruin, City Manager
Fiscal Impact: Estimated annual maximum General Fund cost savings of $63,028 in wages
and benefits.
Recommendations: Staff: Approval
Commission: N/A
Attachments: Resolution
Executive Summary:
The adopted budget authorizes one full-time Associate Planner within Neighborhood Services to
support neighborhood outreach, among other duties. The needs for this position have been
refined and amendments to the budget and AFSCME pay plan are required. With approval of this
agenda item, a 0.5 FTE Outreach and Engagement Specialist position will replace the 1.0 FTE
Associate Planner - Neighborhood Services position and be added at grade 12 to the pay plan.
Background /Analysis:
A planned retirement will result in a vacancy of the current Associate Planner - Neighborhood
Services position. After evaluating the roles and responsibilities of this position, it was determined
that a half-time position located within the Communications Division of the City Manager's Office
and focused exclusively on neighborhood and community outreach and engagement would more
effectively serve the needs of the City.
Separate from this agenda item, the City Council recently approved the addition of a Grants
Specialist in Neighborhood and Development Services and a 0.37 FTE increase to an existing
Community Development Program Assistant. These changes provide the additional support
needed for federal grant management, which in part was a responsibility of the Associate Planner -
Neighborhood Services. Absent these duties, the proposed Outreach & Engagement Specialist
will be relocated to the Communications Division and focus exclusively on neighborhood and
community outreach and engagement.
The responsibilities of the Outreach and Engagement Specialist will focus upon serving as a
communications liaison between the the City and neighborhoods, community groups, and
organizations to communicate timely information about impactful City activities, projects, and
programs. The position will participate in stakeholder meetings and events for the purposes of
conducting outreach and engagement on behalf of the City. Additionally, the Outreach and
Engagement Specialist will coordinate with other City departments to foster more equitable event
planning, outreach, and engagement.
ATTACHMENTS:
Description
Resolution
Prepared by: Rachel Kilburg, Assistant City Manager, 410 E. Washington St, Iowa City, IA 52240 (319) 356-5058
Resolution number 22-81
Resolution amending the budgeted positions in the Neighborhood
Services Division of the Neighborhood and Development Services
Department and the Communications Division of the City Manager's
Office and the AFSCME pay plan by deleting one full-time Associate
Planner— Neighborhood Services position, grade 15, and adding one 0.5
FTE Outreach and Engagement Specialist position, grade 12.
Whereas, Resolution No. 21-73, adopted by the City Council on March 16, 2021 authorized
budgeted positions in the Neighborhood Services Division of the Neighborhood and Development
Services Department and in the Communications Division of the City Manager's Office
Department for FY22; and
Whereas, Resolution No. 21-111, adopted by the City Council on May 4, 2021, established a
classification and compensation plan for AFSCME employees; and
Whereas, the Outreach and Engagement Specialist will support consistent and equitable
outreach and engagement within the community; and
Whereas, the Outreach and Engagement Specialist will develop and sustain community
relationships with a diverse stakeholder groups including neighborhoods, community
organizations, non -profits, and local education institutions; and
Whereas, the addition of the Outreach and Engagement Specialist position will enhance
communication, coordination, and collaboration between the City and the community and
supports the City Council's 2020-2021 Strategic Plan Objective of "Strengthen Community
Engagement and Intergovernmental Relations."
Now, Therefore, be it resolved by the City Council of the City of Iowa City, Iowa that:
1. The budgeted positions in the Neighborhood Services Division of the Neighborhood and
Development Services Department be amended by deleting one full-time Associate
Planner— Neighborhood Services position, grade 15.
2. The budgeted positions in the Communications Division of the City Manager's Office
Department be amended by adding one .5 FTE Outreach and Engagement Specialist
position, grade 12.
3. The AFSCME pay plan be amended by adding the position of Outreach and
Engagement Specialist, grade 12.
Passed and approved this 5th day of April , 20 22 .
wce —77e
or
Attest:
ay
Approved by
City Attorn- ' s •ffice
(Jennifer Sc wickerath — 03/29/22)
Lo
Res. 22-81
Page 2
It was moved by Taylor and seconded by Weiner the Resolution be
adopted, and upon roll call there were:
Ayes:
Nays: Absent:
Alter
x Bergus
x Harmsen
x Taylor
X Teague
x Thomas
Weiner
x
Item Number: 6.c.
46,, CITY OF IOWA CITY
� COUNCIL ACTION REPORT
April 5, 2022
Resolution authorizing the procurement of one (1) Sewer Cleaning Truck.
Prepared By: Dan Striegel, Equipment Superintendent
Reviewed By: Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact: $447,757.21; funds are available operating account #81710520 and CI P
Project V3173
Recommendations: Staff: Approval
Commission: N/A
Attachments: Resolution
Executive Summary:
At the April 5, 2022 City Council meeting, consideration will be given to a resolution authorizing the
purchase, for replacement and upgrade, of one (1) Freightliner 114SD / Vactor 2100i Sewer
Cleaning Truck.
Sourcewell Cooperative Contract 101221 -VTR will be utilized for the procurement of the turn -key
sewer cleaning truck from MacQueen Equipment in Ankeny, IA. Contract price for the new truck
with contract discount is $532,757.21 as per Macqueen Equipment proposal dated March 15,
2022. Current Vactor truck, #765- 2012 Kenworth T440 / Vactor 2100 Plus, will be traded in
toward the purchase at a fair and reasonable trade value of $85,000.00. Total purchase price is
$447,757.21.
Background /Analysis:
Wastewater's current sewer cleaning truck was placed in service in September 2011 with a 15 -
year scheduled replacement. The truck has had multiple mechanical and electrical problems in the
last couple years which has caused our cleaning activities to cease while repairs are made. This
has proven that a 15 -year replacement cycle is too long for this type of equipment due to
designed use and harsh operating conditions. CI P funds were approved for 2023 to supplement
the replacement reserves accrued and replace the truck at 12 years. The new truck will be set up
with a 12 -year replacement cycle.
Due to current supply chain issues, the new truck will not be ready for delivery until at least January
2023, possibly even second quarter 2023.
The City only has one sewer cleaning truck in the fleet and it is vital in the Wastewater Division's
collection system maintenance cleaning program. Sewer cleaning helps to reduce backups and
Sanitary Sewer Overflows (SSO's).
ATTACHMENTS:
Description
Resolution
Prepared by: Dan Striegel, Equipment Superintendent, 1200 S. Riverside Drive, Iowa City, IA 52246 (319) 356-5197
Resolution No. 22-82
Resolution authorizing the procurement of one (1) Sewer
Cleaning Truck
Whereas, the Wastewater Division's current sewer cleaning truck has reached its life expectancy
and is budgeted for replacement; and
Whereas, Sourcewell cooperative contract 101221 -VTR will be utilized for the procurement of the
Sewer Cleaning Truck; and
Whereas, the total purchase price of the Sewer Cleaning Truck with contract discount and trade-in
allowance is $447,757.21; and
Whereas, the amount exceeds the City Manager's spending authority of $150,000.00, thus requiring
City Council approval; and
Whereas, funds for this purchase are available in the Equipment Replacement account and CIP
Project V3173 and;
Whereas, approval of this procurement is in the public interest.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
1. The proposed procurement as described above is approved.
2. The City Manager is authorized to take the steps necessary to make the purchase.
Passed and approved this 5th
Attest: 1.2ll.0.( e l�
Cit} Clerk
It was moved by Taylor
day of April
11
, 2022
May
0 J4
adopted, and upon roll call there were:
Approved by
City Attorns Office
(Liz Craig - 03/31/22)
and seconded by Weiner
Absent:
Ayes: Nays:
X Teague
X Alter
X Taylor
x Harmsen
a Thomas
X Bergus
X Weiner
the Resolution be
Item Number: 6.d.
46,, CITY OF IOWA CITY
� COUNCIL ACTION REPORT
April 5, 2022
Resolution awarding contract and authorizing the Mayor to sign and the City
Clerk to attest a contract for construction of the 2022 City of Iowa City
Parking Garages Maintenance and Repair Project.
Prepared By: Joe Welter, Sr. Civil Engineer
Reviewed By: Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact: $754,513.00 available in the Parking Facility Restoration Repair Account
#T3004
Recommendations: Staff: Approval
Commission: N/A
Attachments: Resolution
Executive Summary:
This item awards the contract for construction of the 2022 City of Iowa City Parking Garages
Maintenance and Repair Project. The engineer's estimated cost for construction of the project
was $1,050,000. One (1) bid was submitted prior to the March 22, 2022 deadline:
Bidder Name City Bid
Western Specialty Contractors West Des Moines, Iowa $754,513.00
Western Waterproofing Company, Inc. dba Western Specialty Contractors of West Des Moines,
Iowa submitted the lowest responsive, responsible bid. Staff recommends awarding the Contract
for the 2022 City of Iowa City Parking Garages Maintenance and Repair Project to Western
Specialty Contractors.
Background /Analysis:
This annual project addresses maintenance, rehabilitation, and repairs on the City's parking
garage structures. This year's project includes concrete crack repairs, corrosion inhibitor
placement, electrical equipment scanning, epoxy filler with membrane placement, horizontal spall
repairs, joint sealant with membrane placement, mechanical and ventilation rehabilitation,
penetrating sealer placement, post tension repairs, steel beam replacement, and other
miscellaneous rehabilitation on the Capitol Street, Chauncey Swan, Court Street Transportation
Center, Dubuque Street, and Tower Place parking ramps.
ATTACHMENTS:
Description
Resolution
Prepared by: Joe Welter, Engineering Division, 410 East Washington Street, Iowa City, Iowa 52240 (319) 356-5144
Resolution No. 97_Rn
Resolution awarding contract and authorizing the Mayor to sign
and the City Clerk to attest a contract for construction of the 2022
City of Iowa City Parking Garages Maintenance and Repair
Project
Whereas, Western Waterproofing Company, Inc. dba Western Specialty Contractors of West Des
Moines, Iowa, has submitted the lowest responsible bid of $ $754,513.00 for construction of the
above-named project; and
Whereas, funds for this project are available in the Parking Facility Restoration Repair, Account
Number T3004; and
Whereas, the City Engineer and City Manager are authorized to execute change orders according
to the City's Purchasing Policy as they may become necessary in the construction of the above-
named project.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
1. The contract for the construction of the above-named project is hereby awarded to Western
Waterproofing Company, Inc. dba Western Specialty Contractors, subject to the condition
that awardee secure adequate performance and payment bond, insurance certificates, and
contract compliance program statements.
2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for
construction of the above-named project, subject to the condition that awardee secure
adequate performance and payment bond, insurance certificates, and contract compliance
program statements.
Passed and approved this 5th day of April , 2022
Attest:
City Jerk City Attorney' Office
(Sara Greenwood Hektoen — 03/30/22)
It was moved by Taylor
adopted, and upon roll call there were:
Ayes:
x
x
x
X
x
x
x
and seconded by Weiner the Resolution be
Nays:
Absent:
Alter
Bergus
Harmsen
Taylor
Teague
Thomas
Weiner
cc, ci
i 1 1
�'���� COUNCIL ACTION REPORT
Item Number: 6.e.
CITY OF IOWA CITY
April 5, 2022
Resolution awarding contract and authorizing the Mayor to sign and the City
Clerk to attest a contract for construction of the Pedestrian Mall Playground
Project.
Prepared By:
Reviewed By:
Fiscal Impact:
Recommendations:
Attachments:
Marri VanDyke, Civil Engineer
Juli Seydell Johnson, Parks and Recreation Director
Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
$227,250 available in the Pedestrian Mall Playground account # R4383
Staff: Approval
Commission: N/A
Resolution
Executive Summary:
The Pedestrian Mall Playground Project includes the removal of existing playground equipment
and surfacing, as well as the installation of new City -owned playground equipment, surfacing, and
large shade structures. The Project Manual was approved at the March 1, 2022 Council Meeting,
and the engineer's estimated cost for construction was $234,000. The City has been notified by
the playground manufacture that delivery of the equipment will not be until late July 2022.
Installation will happen in late summer/early fall 2022.
Two (2) bids were submitted prior to the March 23, 2022 deadline:
Bidder Name
City
Bid
Woodruff Construciton, Inc.
Tiffin, IA
$227,250
McComas-Lacina Construction,
LC
Iowa City, IA
$377,500
Woodruff Construction, Inc., of Tiffin, Iowa submitted the lowest responsive, responsible bid of
$227,250. Staff recommends awarding the Contract for the Pedestrian Mall Playground Project to
Woodruff Construction.
Background /Analysis:
The Ped Mall playground is nearing the end of its useful life. Replacement parts are being
discontinued, making component repairs and replacements difficult. The City of Iowa City hired
Confluence to develop plans for the new playground based on feedback from a public input
survey and a steering committee made up of City staff and representatives of the Iowa City
Downtown District. Purchase of the playground equipment and shade structures by the City was
approved at the November 16, 2021 Council meeting.
Project Timeline:
Award Date — April 5, 2022
Construction — July to September 2022
ATTACHMENTS:
Description
Resolution
Prepared by: Marri VanDyke, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5044
Resolution No. 22-84
Resolution awarding contract and authorizing the Mayor to sign
and the City Clerk to attest a contract for construction of the
Pedestrian Mall Playground Project
Whereas, Woodruff Construction, Inc. of Tiffin, Iowa, has submitted the lowest responsible bid of
$227,250 for construction of the above-named project; and
Whereas, funds for this project are available in the Pedestrian Mall Playground account #R4383;
and
Whereas, the City Engineer and City Manager are authorized to execute change orders according
to the City's Purchasing Policy as they may become necessary in the construction of the above-
named project.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
1. The contract for the construction of the above-named project is hereby awarded to
Woodruff Construction, Inc., subject to the condition that awardee secure adequate
performance and payment bond, insurance certificates, and contract compliance program
statements.
2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for
construction of the above-named project, subject to the condition that awardee secure
adequate performance and payment bond, insurance certificates, and contract compliance
program statements.
Passed and approved this 5th
Attest :
City Clerk City Attorns Office
(Sue Dulek - 03/30/22)
It was moved by Taylor
and seconded by Weiner
adopted, and upon roll call there were:
Ayes: Nays: Absent:
x Alter
X Bergus
x Harmsen
X Taylor
X
x
x
Teague
Thomas
Weiner
the Resolution be
Item Number: 6.f.
4CITY OF IOWA CITY
!kr4gi,'��� COUNCIL ACTION REPORT
April 5, 2022
Resolution approving, authorizing and directing the Mayor to execute and the
City Clerk to attest an agreement by and between the City of Iowa City and
Foth Infrastructure and Environment, LLC, of Cedar Rapids, Iowa to provide
consultant services for the Dubuque Street Reconstruction Project.
Prepared By: Alin Dumachi, Sr. Civil Engineer
Reviewed By: Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact: $292,600 available in the Dubuque Street Reconstruction Project account
#S3939
Recommendations: Staff: Approval
Commission: N/A
Attachments: Resolution
Agreement
Executive Summary:
This agreement authorizes Foth Infrastructure and Environment, LLC to provide preliminary and
final design services and the preparation of construction documents for the Dubuque Street
Reconstruction Project. The project is part of the downtown streetscape masterplan and includes
a design involving the reconstruction of Dubuque Street, storm and sanitary sewer replacement,
sidewalk improvements, public and private utility upgrades, functional and accent lighting, and
enhances the retail environment with streetscape components. The project also includes alley
pavement and storm sewer replacement. The consultant agreement amount is $292,600 and will
be funded by General Obligation Bonds.
Background /Analysis:
In 2014, the City Council approved the "Downtown Iowa City Schematic Design" in which
Dubuque Street along with Washington Street and the Pedestrian Mall were part of an effort to
improve the overall pedestrian experience within Iowa City's central gathering space. The
Dubuque Street Reconstruction Project, from Iowa Avenue to Washington Street, was also
included in the 2022-2023 Capital Improvement Plan.
The project includes the following design elements:
• Complete pavement reconstruction and sidewalk improvement.
• Storm and sanitary sewer replacement.
• New 12" water main to replace existing 1914 water main.
• Private and public utility upgrades, including enhanced power for vendors and events.
• New functional and accent lighting, with catenary lights, integration of banner arms and
banners on light poles.
• Enhanced planting areas and plant species.
• Alley storm sewer and pavement replacement.
ATTACHMENTS:
Description
Resolution
Agreement
Prepared by: Alin Dumachi, Sr. Civil Engineer, Public Works, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5143
Resolution No. 22-85
Resolution approving, authorizing and directing the Mayor to
execute and the City Clerk to attest an agreement by and
between the City of Iowa City and Foth Infrastructure and
Environment, LLC, of Cedar Rapids, Iowa to provide consultant
services for the Dubuque Street Reconstruction Project.
Whereas, the City of Iowa City desires to improve Dubuque Street from Iowa Avenue to
Washington Street; and
Whereas, the project generally includes reconstructing Dubuque Street, with storm and sanitary
sewer replacement, sidewalk improvement, public and private utility upgrades, functional and
accent lighting, alley pavement and storm sewer replacement; and
Whereas, the City issued a request for qualifications (RFQ) to private engineering firms interested
in performing the design of this project; and
Whereas, the Consultant responded to this RFQ with desirable experience working on projects of
similar type and size; and
Whereas, the City of Iowa City has negotiated an Agreement for said consulting services with
Foth Infrastructure and Environment, LLC, to provide said services; and
Whereas, it is in the public interest to enter into said Consultant Agreement with Foth
Infrastructure and Environment, LLC; and
Whereas, funds for this project are available in the Dubuque Street Reconstruction account
#S3939.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
1. The Consultant Agreement attached hereto is in the public interest, and is approved as to
form and content.
2. The Mayor and City Clerk are hereby authorized and directed to execute the attached
Consultant Agreement.
3. The City Manager is authorized to execute amendments to the Consultant Agreement as
they may become necessary.
Passed and approved this 5th day of April
, 2022
Attest:p
CityClerk
City Attorn y's'8ffice
(Liz Craig — 03/31/22)
Resolution No. 22-85
Page 2
It was moved by Taylor and seconded by Weiner the Resolution be
adopted, and upon roll call there were:
Ayes: Nays: Absent:
X Teague
X Alter
X Taylor
X Harmsen
Thomas
x Bergus
X Weiner
Consultant Agreement
This Agreement, made and entered into this 5th day of April 2022 , by
and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and
Foth Infrastructure and Environment, LLC, of Cedar Rapids, Iowa, hereinafter referred to as the
Consultant.
Whereas, the City desires to obtain the services of a qualified consulting firm to provide preliminary
design, final design, and bidding assistance for the Dubuque Street Reconstruction Project, and;
Whereas, the project consists of the reconstruction of Dubuque Street between Washington Street
and Iowa Avenue; and
Whereas, the City issued a Request for Qualifications, On -Call Professional Design and
Engineering Services (2020-2022), May 1, 2020, to private consulting firms interested in providing
design and engineering services related to public improvement projects in the City of Iowa City,
and;
Whereas, submittals were received from consulting firms and evaluated by a selection committee,
and;
Whereas, Consultant was selected based on qualifications, key personnel, project approach, and
fees and rates, and;
Whereas, funds are available in the Dubuque Street Reconstruction Project, Account S3939, and;
Now Therefore, it is agreed by and between the parties hereto that the City does now contract with
the Consultant to provide services as set forth herein.
Scope of Services
Consultant agrees to perform the following services for the City, and to do so in a timely and
satisfactory manner.
The work to be performed by the Consultant under this agreement shall encompass and include
detailed work, services, materials, equipment, and supplies necessary to complete analysis and
design for the project.
The project consists of reconstruction of Dubuque Street between Washington Street and Iowa
Avenue. The Consultant will complete design development, preliminary and final construction
documents, and prepare bidding documents. This scope of services is based on the following
project information and assumptions:
Project Objectives
• Replace aging street, sidewalk, and alley pavement.
• Replace existing water main, storm sewer, and sanitary sewer.
• Install streetscaping components and lighting.
Project Assumptions
• Improvements will generally follow those outlined in the Iowa
Pedestrian Mall Streetscape Master Plan, or as directed by City
design development.
• Project will be designed in accordance with both the SUDAS design
City Interim Municipal Design Standards.
City Downtown and
based on functional
manual and the Iowa
-2-
• Reconstruction of Washington Street intersection and Iowa Avenue intersection not
included as part of this project.
• No permanent acquisitions or temporary easements will be required (no fee title plats or
temporary easements exhibits will need to be produced).
• Alley improvements will generally include new pavement and storm sewer upgrades.
• All storm sewer within the project limits will be replaced.
• Replace existing VCP sanitary sewer and manholes within project area or as directed by
City.
• All water main and associated appurtenances will be replaced within project area and up
to property limits.
The City agrees to furnish to the Consultant full information with respect to the City's requirements,
including any special or extraordinary considerations for the Project or special services needed,
and also to make available pertinent existing data.
PROJECT MANAGEMENT/ADMINISTRATION
General Project Management
The project manager will be responsible for the development and tracking of the project plan for
the project development. This includes existing data collection, task identification, staff scheduling
and coordination, project communications, monthly progress reporting and invoicing, and other
important elements of the project.
PROJECT COORDINATION
Project Kickoff Meeting
The Consultant will conduct a meeting with representatives of the City to review previous project
information, establish communication plan, review schedule, risk identification, and confirm
project objectives and deliverables.
Deliverable: Meeting minutes and project schedule
Pre -Design Meetings/Information Gathering Workshops
The Consultant shall schedule, coordinate, and facilitate a series of meetings and workshops with
City representatives, stakeholders, property owners and business owners to develop the design
as it relates to events, amenities, functional and accent lighting, utility upgrades, and overall layout
and project goals.
The Consultant team will conduct the information gathering workshops over the course of two
days.
• Consultant will meet with the City and two key stakeholder groups, Iowa City Downtown
District (ICDD) and Summer of the Arts (SOTA), to discuss programming, festivals and
events.
• Consultant will meet with property owners and business owners along Dubuque Street
block only in small groups to discuss the schematic design plan.
• Consultant structural engineer and the City will perform a field investigation of the existing
vaults.
Deliverable: Meeting and field notes
Project Progress Meetings
The Consultant will maintain communications with the City of Iowa City to review progress,
discuss specific elements of the project design, and receive direction from the City. These
meetings will serve as check -ins between the milestone meetings identified within the scope. The
-3 -
meetings will also serve to maintain schedules, align project goals, promote a dialog between the
various entities, improve the decision-making process, and expedite design development. The
Consultant shall prepare minutes of meetings and keep documentation of meeting
communications.
The Consultant will schedule the project progress meetings. The meetings will be held virtually.
Meetings shall be one (1) hour each, with an estimated occurrence of twelve (12) progress
meetings.
Utility Coordination Meetings
The Consultant will schedule and conduct group meetings with all individual private utilities to
address specific conflicts. All private utility companies located within the project site will be invited.
It is anticipated that there will be three (3) group meetings with representatives of the various
utility companies. The first will be to advise of the nature and extent of the improvements and
identify potential conflicts with existing utility systems. The second and third group meetings will
be preliminary/final design review and coordination meetings.
In addition to the group meetings, the Consultant will also conduct individual utility company
meetings as necessary to mitigate conflicts and determine design solutions with individual utilities.
Includes coordination with Verizon regarding the relocation of their small cell equipment from the
existing pole located near Pullmans to proposed pole (location: TBD).
DESIGN SURVEYS
The Consultant will complete all required surveys for the project, including control surveys,
topographic surveys, and utility surveys. The Consultant shall also incorporate field survey data
into an electronic base map to be used for the design of the project, including property lines, right-
of-way lines, and property ownership for parcels located within the project limits.
Control Survey
The Consultant will establish horizontal and vertical control for the project area. Each permanent
control point or benchmark will have horizontal coordinates or elevation, recovery information and
monument description. Accurate descriptions of the horizontal control points and benchmarks will
be created and recorded on the plan sheets.
Topographic Survey
The Consultant will perform topographic surveys required for the development of the project.
Horizontal and vertical accuracies will be adequate to produce a map that is compatible with the
topographic data for incorporation into the existing mapping.
Utility Survey
The Consultant will perform utility surveys required for the development of the project The
Consultant shall contact utility owners of record or the Iowa One Call representative, request that
buried utilities be marked in the field and obtain existing utility map. Consultant shall establish
coordinates and elevations (if possible) for utilities that fall within the limits of the project and are
visible or have been marked on the ground by the utility owner. Consultant shall show utility name
and describe the utility on the plans.
This task consists of field survey indicating the location of utilities within the existing right-of-way
for the project. The Consultant will field locate utility locations established by others; excavating
to expose buried utilities is not part of this contract. Utilities to be surveyed, if present, include but
are not limited to phone, gas, fiber optic, water main, overhead/underground electrical, sanitary
sewer, and storm sewer (including power poles, pedestals, valves, and manholes). This includes
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establishing manhole and intake elevations for existing sanitary, storm sewers, and roadway
culverts.
Right -of -Way Survey
The Consultant will perform right-of-way surveys as required for the development of the project.
This task includes a thorough search of City, County, and State records to review all surveys of
record pertaining to the survey corridor, including County Auditor's subdivisions plats, original
government surveys, early surveys made by County Surveyors, all irregular land survey and road
establishment records. Copies of such records are to be included in the project file for future
reference.
This task includes obtaining sufficient field data to locate or establish property lines affected by
the project to enable the preparation of the improvement plans. This includes locating section
corners, property pins, and visible lines of occupation indicating possession. A diligent effort must
be made to recover existing land corner monuments necessary to describe the right-of-way along
the project corridor.
The task includes incorporation of property lines, right-of-way lines, and ownership of properties
affected by the project into the base mapping for the project. The base mapping will identify the
owners and approximate boundaries of all appropriate parcels within the survey limits.
Project Base Map
Incorporate field surveys into an electronic base map to be used for the design of the project.
Incorporate property lines, right-of-way lines, and property ownership for parcels located within
the project limits into the base map.
Deliverable: Project base map and 3D surface
Permanent Monumentation of Right -of -Way
This task consists of monumentation of the right-of-way of this project which will be performed
upon completion of construction of the improvements. The monumentation will comply with
requirements of the Iowa Code and will be performed by or under the direct supervision of a duly
licensed land surveyor under the laws of the State of Iowa.
Soil Borings, Pavement Cores, and Potholing Locations
The Consultant will survey soil boring/pavement core locations and existing utilities that have
been potholed by others. Potholing activities will be subcontracted by the Consultant.
Public Notice of Project
The Consultant will prepare a project notice letter for property owners directly adjacent to the
project. This letter will provide a brief project description, notification of property surveys,
anticipated schedule, and contact information. The Consultant will distribute the notice letter.
GEOTECHNICAL SERVICES
Geotechnical Exploration & Analysis
The Consultant will retain the services of a sub -contractor to complete geotechnical exploration
along the project corridor. These services will be in general accordance with the standard
specifications for subsurface investigations and design. This task includes the necessary field and
office services to provide a geotechnical report for the project. Complete soil borings for pavement
design and/or subsurface treatment design.
• Roadway borings = 4 borings (10' depth)
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The purpose of the borings is determination of existing pavement sections, roadway/utility design,
settlement recommendations, moisture contents, groundwater levels, and engineering analysis.
The borings will include all City/State required traffic control measures including coordination,
permits, and arranging a utility locate through Iowa One Call. The backfilling of the boreholes will
be performed following the borings and meet City requirements (concrete or asphalt).
This subsurface exploration will include laboratory testing, engineering analysis, pavement
design, and a written report.
The results of the field and laboratory programs will be evaluated by the sub -contractor's
professional geotechnical engineer licensed in the State of Iowa. Based on the results of the
evaluation, an engineering report will be prepared and include the following information:
• Description of the project.
• Computer generated boring logs with soil stratification based on visual soil classification
• Summarized laboratory data on the boring logs
• Groundwater levels observed during and shortly after completion of drilling
• Boring location diagram
• Subsurface exploration procedures
• Subsurface soil conditions
In addition, geotechnical recommendations for the project will include:
• Earthwork construction
• Expansive soil design considerations, if applicable
• Cut and fill construction
• Excavation and backfill
• Site preparation, including the suitability of the existing on-site soils for use as structural
fill
• Subsurface drainage recommendations
• Subgrade preparation recommendations for grade supported pavements
• Recommendations for Portland Cement Concrete pavement thicknesses
FUNCTIONAL DESIGN DEVELOPMENT
During design development, Consultant will refine the project's original schematic design from the
Master Plan, including designing details and selecting materials for the project based on direction
given by the City.
Development of Design
The development of the design shall include, but is not limited to, the following elements:
1. Private and public utility upgrades including enhanced power for vendors and
events
2. Site furnishings including wayfinding kiosks (if applicable), seating, trash
receptacles, and recycling containers
3. Restaurant cafe footprint and design coordination
4. Street and Pedestrian Realm Paving
5. Functional and accent lighting
a. Standard roadway/sidewalk lighting
b. Threshold lighting at Washington and Iowa Avenue
c. Midblock light art over Dubuque Street
d. Catenary light over sidewalks and Dubuque Street
e. Integration of banner arms and banners on light poles
f. Integration of electrical receptacles within light poles and/or within planting
areas.
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g. Coordination and design of light controls for layers of lighting.
6. Enhanced planting areas and plant species
7. Planting soil strategies including evaluation of CU soil, specialty soil mixes and/or
SilvaCell or similar
8. Irrigation design for quick couplers
9. Alley Reconstruction
a. Study for reorganization of trash dumpsters
b. Pavement replacement
c. Underground utility updates to storm sewer system per City direction
d. Lighting/light art not currently part of project scope for alley. Empty conduit
to be provided from power source under new pavement to facilitate future
implementation of light art in alley.
Develop Design Criteria
The Consultant will document design criteria to be used in developing the improvements. The
criteria, at a minimum, shall include:
• Functional classification and design type.
• Design speed and Regulatory speed.
• Design vehicles for intersection design.
• Widths of parking areas and right-of-way.
• Preferred Clear Zone/Acceptable Clear Zone requirements.
• Provisions for pedestrians and/or bicycles.
• Street lighting requirements
• Utility corridor locations.
Deliverable: Design Criteria summary
Develop Typical Sections
Develop typical sections for the street improvements. This task includes lane widths, shoulder
width, curb section/type, sidewalk widths, right-of-way widths, pavement types, and clear zones.
This task also includes identifying potential storm sewer, water main, and other utility locations in
the development of the typical sections. The scope of services for this project includes design
calculations and capacity analysis for storm sewer or water mains.
Develop Functional Roadway Geometrics
Develop functional roadway geometrics and alley improvements including intersection return
radii, and sidewalk layout for the project. This task also includes preparing turning design vehicle
templates at each of the intersections within the project limits.
Develop Horizontal Alignments and Vertical Profiles
Utilizing functional geometrics and design survey, develop horizontal alignments and vertical
profiles. The alignments and profiles will be developed based on the technical memorandum
summarizing the design criteria.
Utility Research
The Consultant will meet with the utility companies, including City utilities, for information within
the project corridor regarding transmission, distribution, and service laterals. This includes
information related to existing facilities and facilities planned for construction during the
improvements. Consultant shall coordinate with City departments on placement and upgrade of
City used and City leased Fiber optic and telecom facilities. Consultant shall prepare design
documents to illustrate and describe civil engineering design components of the City telecom,
leased conduit, and hand hole facilities. There shall be one 2" conduit run for City use and two 2"
conduit runs for the lessees.
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Utility Conflict Identification
The Consultant will identify utility conflicts based upon the preliminary design layout and develop
a tabulation with plan sheet exhibits for the purpose of working through conflict resolution. This
task includes storm sewer, water main, sanitary sewer, and all private utilities including but not
limited to gas, electric, and communications.
Underground Utility Investigation Services
If deemed necessary, potholing to determine exact location of utilities (horizontally and vertically)
will be completed by an independent contractor, as retained by the Consultant. The Consultant
shall submit all results to the City. This service shall be authorized in writing by the City. For
budgeting purposes, and submitted as a reimbursable expense, not to exceed the allowance
noted within reimbursable schedule, unless approved by the City.
Storm Sewer
Consultant will review the existing storm sewer system within the project limits and design a
replacement for entire storm sewer system within the project limits. Consultant will evaluate the
capacity of the existing storm sewer system and make recommendations for improvements of the
existing system based on this review.
Water Main and Sanitary Sewer Layout
Develop layout of water main improvements, including services. Identify sanitary sewer manhole
replacement locations and replace existing 10" VCP sanitary sewer.
Structural Engineering Services & Utility Vaults
Structural design and drawings for gateway features, and any other overhead light art structures,
light pole footings, wayfinding kiosks. Coordination with the Consultant structural engineer on the
investigation of the seven (7) existing vaults and associated repairs, waterproofing, and vault
hatch replacement and upgrades as needed. Scope shall include analysis of existing vaults, field
repair recommendations as needed, and vault repair details to include in the construction
drawings.
Lighting Design Services
Develop the lighting design considering use of light and practical criteria such as light levels,
fixture and lamp types, visual comfort, energy efficiency, and maintenance. The lighting design
will address functional and pedestrian scale pole lighting, tree accent lighting, gateways, and
festive lighting, considering the input of stakeholders. Provide lighting layout drawings,
photometric calculations, fixture schedules, and catalog fixture sheets. The Consultant team shall
coordinate one mock-up of pedestrian pole light(s) AND/OR festive lighting for review and
comment. The cost of mock-up and installation shall be paid for directly by the City, outside of
this agreement.
Electrical Engineering Services
Design of electrical systems including electrical power distribution including power needs for
performances, festivals and events, vendors, pedestrian scale light poles, receptacles at planters,
and wayfinding kiosks, electrical lighting circuiting and foundations. Electrical supply for holiday
lighting to be included. Electrical engineering design shall include preparation of electrical/lighting
plans, installation details, and wiring layout.
• Design circuiting for the following elements (Conduit size, wire size, and breaker size,
voltage drop calculations).
o Monument Receptacles
o Festive lighting (light spanning the roadway)
o Catenary lighting
• Confirm sizing of controller and electrical service.
• Locate and specify any Junction boxes/Pull boxes/Handholes for the following
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o Where required by code
o Need for housing any specialty drivers/controllers for lights
• Specifically, color changing fixtures (if any)
Construction Staging
The Consultant shall prepare a staging plan showing the major phases of work required to
complete construction. The plan shall include phasing restrictions and messaging regarding
pedestrian circulation. The staging design shall take into consideration access to adjacent
properties and to the extent possible, service and delivery access to properties within project
limits. The construction staging plan will take into consideration all elements of construction
including roadway, storm sewer, water main and sanitary sewer improvements, as well as
property access and private utility relocations. With refinements and acceptance by the City, the
concepts developed in preliminary plans will serve as the basis for preparing the final traffic control
plan in final design.
Functional Design (30% Plan Submittal), Probable Cost Opinion, City Review
The Consultant team will submit drawings and cost estimates to the City for formal review at
functional design (30%) completion. The functional design will include displays that can be shared
with project stakeholders (ICDD, SOTA, property and business owners) to illustrate the project
improvements. The City will endeavor to return review comments to the Consultant within a two-
week period.
Deliverable: Drawings and cost opinion will be submitted in digital format for City review.
City Design Development Meeting (Virtual)
Virtual meeting to review City comments on 30% submittal and review cost opinion.
Deliverable: A memo outline of comments and how each is addressed.
Business and Property Owner Preview and Public Information Meeting #1
The Consultant will lead a property owner and business owner preview, and public information
meeting prior to proceeding with preliminary design. The Consultant team will review design
progress, impacts of construction, and determine necessary accommodations to include in
construction staging and sequencing. Two scheduled time offerings for business/property owners
and one time slot for open house in evening, during a Downtown event (e.g. concert series). The
Consultant team shall prepare all public meeting notices. Distribution of public meeting notices by
City.
Deliverable: Digital presentation, perspective graphics of design, phasing diagrams, and meeting
minutes.
City Design Development Meeting (Virtual)
Virtual meeting or other to review comments from Public Information Meeting #1.
Deliverable: A memo outline of comments and how each is addressed.
Completion of Functional Design Plans and presentation of 100% design development to
City Council
Consultant shall finalize functional design development documents based upon comments
received in the meetings held pursuant to Public Information Meetings 1 and 2, and provide the
final design development documents to the City.
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PRELIMINARY DESIGN (60% PLAN SUBMITTAL)
Upon approval of the functional design plans, Consultant design team will move forward and
produce drawings with greater detail. Consultant will produce a set of drawings and specifications
that include information needed for the contractor to bid and construct the project.
Construction Drawings
Consultant will develop the City -approved functional design documents into a set of 11 x 17
construction drawings and specifications which will serve as the Contract Documents. Upon
completion of the preliminary plans, the design plans will be approximately 60 percent complete.
These documents will include:
Title and Utility Conflict Sheets (A Sheets)
Typical Cross Sections (B Sheets)
Estimated Quantities (C Sheets)
Plan and Profiles (D and E Sheets)
Survey Reference (G Sheets)
Right -of -Way (H Sheets)
Traffic Control and Staging (J Sheets)
Geometric, Staking and Jointing (L Sheets)
Landscaping (LS Sheets)
Storm Sewer Plan and Profiles (M Sheets)
Sanitary Sewer (MSA Sheets)
Water Main Design (MWM Sheets)
Pavement Marking and Traffic Signing Sheets (N Sheets)
Lighting Plan (P Sheets)
Soil Sheets (Q Sheets)
Removal Plans (R Sheets)
Sidewalk Pians (S Sheets)
Special Construction Details (U Sheets)
Cross Sections (W and X Sheets)
Budget Review
The Consultant will prepare a preliminary opinion of probable construction cost for the project and
compare the cost to the City's current project budget. The Consultant will, if necessary, make
recommendations pertaining to modifications in the project, in order to address budgetary
concerns. Cost estimates will be developed as part of the 60% plan submittal and based on
representative major project elements and recent bid information.
Quality Control
Consultant shall provide ongoing quality control input from the project team and the design
engineer's senior technical staff throughout the development of preliminary plans. The design
engineer is responsible for making specific recommendations and ensuring that critical issues are
discussed and resolved prior to submittal of the 60% plan set.
Consultant shall review the preliminary engineering plan set for technical accuracy, as well as for
general constructability and conformance with the project design criteria.
Preliminary Design (60% Plans), Probable Cost Opinion Submittal, and City Review
Consultant shall submit drawings to the City for formal review at 60% completion. A probable cost
opinion shall be prepared for this submission. The City will endeavor to return review comments
to Consultant within a two-week period.
Deliverable: 60% plan set and memo summarizing responses to City comments.
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Design Review Meeting
Consultant shall attend one meeting to review City comments on 60% plan submittal.
Deliverable: Meeting minutes
Business and Property Owner Preview and Public Information Meeting #2
The Consultant will lead a stakeholder and business owner preview, and public information
meeting at the completion of the preliminary plans. The Consultant team will review design
progress, impacts of construction, and determine necessary accommodations to include in
construction staging and sequencing.
Deliverables: Digital presentation, phasing diagrams, meeting summary.
Individual Property/Business Owner Meetings
Due to the nature of the project, which includes, but is not limited to, impacts to business
entrances, access, trees, and landscaping elements, it is likely there will be a need to meet one-
on-one with affected property and business owners outside of the information gathering workshop
and public information meetings. The Consultant will conduct meetings with individual property
owners, businesses, ICDD and SOTA to discuss impacts of construction and determine
necessary accommodations to include in construction staging and sequencing. These meetings
will be held in concert with the design of the project. On-site meetings, phone, email or a
combination of communication methods will be conducted. This will include specific discussions
about parking access during construction, changes in circulation, other issues related to specific
parcels.
CHECK PLANS (90% PLAN SUBMITTAL) & FINAL (100%) PLANS
Based upon approved preliminary design, public informational meetings, individual
property/business owner meetings and field review, the Consultant will subsequently proceed with
final design, contract drawings, specifications, and opinion of probable construction costs for the
award of a single Contract for the construction of the improvements.
CONSTRUCTION DRAWINGS (90% PLAN SUBMITTAL)
Consultant will develop the City -approved preliminary design documents into an updated set of
11 x 17 construction drawings and specifications. Upon completion of the check plans, the design
plans will be approximately 90 percent complete.
Title and Utility Conflict Sheets (A Sheets)
Typical Cross Sections (B Sheets)
Estimated Quantities (C Sheets)
Plan and Profiles (D and E Sheets)
Survey Reference (G Sheets)
Right -of -Way (H Sheets)
Traffic Control and Staging (J Sheets)
Geometric, Staking and Jointing (L Sheets)
Landscaping (LS Sheets)
Storm Sewer Plan and Profiles (M Sheets)
Sanitary Sewer (MSA Sheets)
Water Main Design (MWM Sheets)
Pavement Marking and Traffic Signing Sheets (N Sheets)
Lighting Plan (P Sheets)
Soil Sheets (Q Sheets)
Removal Plans (R Sheets)
Sidewalk Plans (S Sheets)
Special Construction Details (U Sheets)
Cross Sections (W and X Sheets)
Check Plan Design (90% Plans), Probable Cost Opinion Submittal, and City Review
The Consultant will submit drawings and opinion of probable construction costs to City for formal
review at 90% completion. The City will endeavor to return review comments to the Consultant
team within a two-week period.
Deliverable: 90% plan set, specifications, and memo summarizing responses to City comments.
Project Permitting
The Consultant will prepare applications for permits from governmental authorities that have
jurisdiction to approve the design of the project and participate in consultations with such
authorities, as necessary. The Consultant will prepare the following documents for the project:
• IDNR Water Supply Section, Construction Permit Application
• IDNR Wastewater Disposal System, Construction Permit Application
• IDNR NPDES Stormwater Discharge Permit
• Notice of Publication
• Pollution Prevention Plan
Any fees for construction permits, licenses or other costs associated with permits and approvals
will be paid by Consultant and will be reimbursed by the City. The Consultant will prepare the
permit applications and other documentation.
Special Provisions Development
The Consultant will prepare special provision specifications for the project and submit with 90%
Plans.
Quality Control
Consultant will provide ongoing quality control input from the project team and the design
engineer's senior technical staff throughout the development of final plans. The design engineer
is responsible for making specific recommendations and ensuring that critical issues are
discussed and resolved prior to submittal of the check plan set.
Design Review Meeting
Consultant shall attend one meeting to review City comments on 90% plan submittal.
Deliverable: Meeting minutes
Construction Drawings (100% Plan Submittal)
Consultant will develop the City -approved 90% design documents into an updated set of 11 x 17
construction drawings and specifications. Upon completion of the check plans, the design plans
will be 100 percent complete.
Title and Utility Conflict Sheets (A Sheets)
Typical Cross Sections (B Sheets)
Estimated Quantities (C Sheets)
Plan and Profiles (D and E Sheets)
Survey Reference (G Sheets)
Right -of -Way (H Sheets)
Traffic Control and Staging (J Sheets)
Geometric, Staking and Jointing (L Sheets)
Landscaping (LS Sheets)
Storm Sewer Plan and Profiles (M Sheets)
Sanitary Sewer (MSA Sheets)
Water Main Design (MWM Sheets)
Pavement Marking and Traffic Signing Sheets (Ni Sheets)
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Lighting Plan (P Sheets)
Soil Sheets (Q Sheets)
Removal Plans (R Sheets)
Sidewalk Plans (S Sheets)
Special Construction Details (U Sheets)
Cross Sections (W and X Sheets)
Submittal of Final (100%) Plan Package and Construction Cost Opinion
Submittal to include drawings, specifications, quantities, and opinion of probable construction
cost. Submittal to be in PDF format.
PROJECT BIDDING
The project will be let through the City. Consultant shall:
• Attend the pre-bid meeting
• Answer contractor questions
• Review substitution requests
• Plan Clarification and Addenda
CONSTRUCTION SERVICES
The City will be responsible for performing construction administration and observation for the
project. During the construction phase, the Consultant shall:
• Facilitate business and property owner preview and public informational meeting #3
• Attend the pre -construction meeting
• Perform shop drawing review
• Assist with field questions
Business and Property Owner Preview and Public Information Meeting #3
Prior to the commencement of construction, Consultant shall conduct a public open house to
review details of construction, work schedule, communication paths, and contacts.
Deliverable: Digital presentation and meeting summary.
Attend Pre -Construction Conference
The Consultant shall attend the pre -construction conference with the Contractor, City, utility
companies, affected entities, and all interested parties to review the contract requirements, details
of construction, utility conflicts and work schedule. The City shall conduct the meeting and prepare
and distribute meeting minutes.
Shop Drawing and Submittal Review
Review the Contractor's shop drawings and other required submittals for compliance with the
Contract Documents
Design Interpretation Questions
Answer design interpretation questions from the City, contractor, inspector, utilities, property
owners, and review agencies and respond to requests for information (RFIs). Includes preparation
of ITC's as needed.
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II. Time of Completion
The Consultant shall complete the following phases of the Project in accordance with the schedule
shown.
• Notice to Proceed: April 19, 2022
• Information Gathering Workshop: May 2-13, 2022
• Design Surveys: May 2022
• Functional Design: May — June 2022
o 30% Plan Submittal: June 6, 2022
• Public Information Meeting #1: June 2022
• Preliminary Design: June - August 2022
o 60% Plan Submittal: August 1, 2022
• Public Information Meeting #2: August 2022
• Final Design: August — September
o Check Plan Submittal: September 26, 2022
• Final Pian Package: October 31, 2022
• Project Bidding: November - December 2022
• Contract Award: January 2023
• Construction: April — August 2023
If notice to proceed is given at a later date, time of completion shall be extended accordingly.
III. Compensation for Services
In consideration of the services, work, equipment, supplies, or materials provided herein, the City
agrees to pay the Consultant the following NOT -TO -EXCEED FEE (Unit Cost/Time Charges),
including any authorized reimbursable expenses, pursuant to the schedule incorporated herein.
• Functional Design: $95,580
• Preliminary Design: $88,080
• Final Design: $105,260
• Bidding/Construction $3,680
Total Not -To -Exceed Fee: $292,600
IV. General Terms
A. The Consultant shall not commit any of the following employment practices and
agrees to prohibit the following practices in any subcontracts.
1. To discharge or refuse to hire any individual because of their race, color,
religion, sex, national origin, disability, age, marital status, gender identity, or
sexual orientation.
2. To discriminate against any individual in terms, conditions, or privileges of
employment because of their race, color, religion, sex, national origin,
disability, age, marital status, gender identity, or sexual orientation.
B. Should the City terminate this Agreement, the Consultant shall be paid for all work
and services performed up to the time of termination. However, such sums shall not
be greater than the "not -to -exceed" amount listed in Section III. The City may
terminate this Agreement upon seven (7) calendar days' written notice to the
Consultant.
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C. This Agreement shall be binding upon the successors and assigns of the parties
hereto, provided that no assignment shall be without the written consent of all Parties
to said Agreement.
D. It is understood and agreed that the retention of the Consultant by the City for the
purpose of the Project shall be as an independent contractor and shall be exclusive,
but the Consultant shall have the right to employ such assistance as may be required
for the performance of the Project.
E. It is agreed by the City that all records and files pertaining to information needed by
the Consultant for the project shall be available by said City upon reasonable request
to the Consultant. The City agrees to furnish all reasonable assistance in the use of
these records and files.
F. It is further agreed that no Party to this Agreement shall perform contrary to any
state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa.
G. At the request of the City, the Consultant shall attend meetings of the City Council
relative to the work set forth in this Agreement. Any requests made by the City shall
be given with reasonable notice to the Consultant to assure attendance.
H. The Consultant agrees to furnish, upon termination of this Agreement and upon
demand by the City, copies of all basic notes and sketches, charts, computations,
and any other data prepared or obtained by the Consultant pursuant to this
Agreement without cost, and without restrictions or limitation as to the use relative
to specific projects covered under this Agreement. In such event, the Consultant
shall not be liable for the City's use of such documents on other projects.
The Consultant agrees to furnish all reports, specifications, and drawings with the
seal of a licensed professional as required by Iowa law.
J. The City agrees to tender the Consultant alt fees in a timely manner, excepting,
however, that failure of the Consultant to satisfactorily perform in accordance with
this Agreement shall constitute grounds for the City to withhold payment of the
amount sufficient to properly complete the Project in accordance with this
Agreement.
K. Should any section of this Agreement be found invalid, it is agreed that the remaining
portion shall be deemed severable from the invalid portion and continue in full force
and effect.
L. Original contract drawings shall become the property of the City. The Consultant
shall be allowed to keep reproducible copies for the Consultant's own filing use.
M. Fees paid for securing approval of authorities having jurisdiction over the Project will
be paid by the City.
N. Upon signing this Agreement, Consultant acknowledges that Section 362.5 of the
Iowa Code prohibits a City officer or employee from having an interest in a contract
with the City, and certifies that no employee or officer of the City, which includes
members of the City Council and City boards and commissions, has an interest,
either direct or indirect, in this Agreement, that does not fall within the exceptions to
said statutory provision enumerated in Section 362.5.
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0. Indemnification
1. To the full extent permitted by law, Consultant agrees to defend, indemnify,
and hold harmless the City against any and all claims, demands, suits, loss,
expenses, including attomey's fees, and for any damages which may be
asserted, claimed or recovered against or from the City by reason of
personal injury, including bodily injury or death, and property damages,
including loss of use thereof, caused by Consultant's negligent acts, errors
or omissions in performing the work and/or services provided by Consultant
to the City pursuant to the provisions of this Agreement.
2. Consultant assumes full responsibility for any and all damage or injuries
which may result to any person or property by reason of Consultant's
negligent acts, errors or omissions in connection with the work and/or
services provided by Consultant to the City pursuant to this Agreement, and
agrees to pay the City for all damages caused to the City's premises resulting
from the negligent acts, errors or omissions of Consultant.
3. The Consultant's obligation to indemnify the City shall not include the
obligation to indemnify, hold harmless, or defend the City against lability,
claims, damages, losses, or expenses, including attorney fees, to the extent
caused by or resulting from the negligent act, error, or omission of the City.
4. For purposes of this paragraph, the term "Consultant" means and includes
the Consultant, its officers, agents, employees, sub -consultants, and others
for whom Consultant is legally liable, and the term "City" means and includes
the City of Iowa City, Iowa its Mayor, City Council members, employees, and
volunteers.
P. Insurance
1. The Consultant agrees at all times material to this Agreement to have and
maintain professional liability insurance covering the Consultant's liability for
the Consultant's negligent acts, errors and omissions in the sum of
$1,000,000 Per Claim, $1,000,000 Annual Aggregate, or a $1,000,000
Combined Single Limit. To the fullest extent permitted by applicable state
law, a Waiver of Subrogation Clause (endorsement) shall be added.
2. Consultant agrees to provide the City a certificate of insurance evidencing
that all coverages, limits and endorsements required herein are maintained
and in full force and effect, and certificates of Insurance shall provide a
minimum thirty (30) day endeavor to notify, when available by Consultant's
insurer. If the Consultant receives a non -renewal or cancellation notice from
an insurance carrier affording coverage required herein, or receives notice
that coverage no longer complies with the insurance requirements herein,
Consultant agrees to notify the City within five (5) business days with a copy
of the non -renewal or cancellation notice.
Q. Standard of Care
1. The Consultant shall perform services for, and furnish deliverables to, the
City pertaining to the Project as set forth in this Agreement. The Consultant
shall possess a degree of learning, care and skill ordinarily possessed by
- 16 -
reputable professionals, practicing in this area under similar circumstances.
The Consultant shall use reasonable diligence and professional judgment in
the exercise of skill and application of learning.
2. Consultant represents that the Services and all its components shall be free
of defects caused by negligence; shall be performed in a manner consistent
with the standard of care of other professional service providers in a similar
Industry and application; shall conform to the requirements of this
Agreement; and shall be sufficient and suitable for the purposes expressed
in this Agreement.
3. All provisions of this Agreement shall be reconciled in accordance with the
generally accepted standards of the Engineering Profession.
4. Consultant's obligations under this Section shall exist without regard to, and
shall not be construed to be waived by, the availability or unavailability of any
insurance, either of City or Consultant.
R. There are no other considerations or monies contingent upon or resulting from the
execution of this Agreement, it is the entire Agreement, and no other monies or
considerations have been solicited.
S. This Agreement shall be interpreted and enforced in accordance with the laws of the State
of Iowa. Any legal proceeding instituted with respect to this Agreement shall be brought in a court
of competent jurisdiction in Johnson County, Iowa. The parties hereto hereby submit to personal
jurisdiction therein and irrevocably waive any objection as to venue therein, including any argument
that such proceeding has been brought in an inconvenient forum.
For the City For the Consultant
iza;
/,-," By: Aaron
"c..mduvawaro
By:
Title:
Date: April 5. 7022
`l
Attest: Y"P
ayor
Title: Senior Client Manager
Date: 3/30/22
I' O aki signed by David Kapicl
�n x.
David Kaple�«:aDDr.
—v Oa, 2 O3.3O 15365ZOSOO
Approved by:
City Attomey's Office ( %
Date
FOTH INFRASTRUCTURE AND ENVIRONMENT, LLC
2022 STANDARD HOURLY RATE SCHEDULE
CLASSIFICATION HOURLY RATE
Director $208.00
Project Manager $178.00-$205.00
Project Engineer $147.00-$196.00
Staff Engineer $121.00-$146.00
Planner 5121.00-5194.00
Project Scientist $121.00-5147.00
Technology Manager $173.00
Technician 582.00-149.00
Construction Manager 5173.00
Land Surveyor $138.00-$173.00
Project Administrator $80.00-$100.00
Administrative Assistant 560.00
REIMBURSABLE EXPENSES
1. All materials and supplies used in the performance of work on this project will be billed at cost plus
10%.
2. Auto mileage will be reimbursed per the standard mileage reimbursement established by the Internal
Revenue Service. Service vehicle mileage will be reimbursed on the basis of $0.88 per mile.
3. Charges for outside services such as soils and materials testing, fiscal, legal and all other direct
expenses will be invoiced at cost plus 10%.
ADJUSTMENTS TO FEE SCHEDULE
1. Fee schedule effective January 1, 2022
Item Number: 6.g.
1 4CITY OF IOWA CITY
!kr4gi,'��� COUNCIL ACTION REPORT
April 5, 2022
Resolution approving and authorizing the Mayor to execute and the City
Clerk to attest a Declaration of Condominium Regime for the 2021-2023
Taylor Drive Condominiums.
Prepared By: Susan Dulek, Ass't. City Attorney
Reviewed By: Geoff Fruin, City Manager
Fiscal Impact: none
Recommendations: Staff: Approval
Commission: N/A
Attachments: resolution
condominium declaration
Executive Summary:
As part of the South District Program, the City purchased a duplex located at 2021-2023 Taylor
Dr. for the purpose of converting it to 2 condominium units and selling each unit to income eligible
persons. This resolution approves the attached Declaration of Condominium Regime, the legal
document that allows for the sale of a condo unit.
Background /Analysis:
The Declaration governs the legal relationship between the 2 owners and identifies what parts of
the property each unit owner will own (the interior residential space) and what parts the owners will
own in common (the yard, driveways, roof, and exterior of the building). It also sets forth the
maintenance duties of each owner. The Declaration provides that the units must be owner -
occupied for 21 years and can be renewed for successive 21 -year periods in accordance with the
Iowa Code.
ATTACHMENTS:
Description
resolution
condominium declaration
STATE OF IOWA
JOHNSON COUNTY
IIMINE11111111811
INTI INII111II II1111I1
Doc ID: O$1B16510029 Type:
Kind: CONDOMINIUM
Recorded: 04/14/2022 at 10:01:14 AM
Fee Amt: $147.00 Page 1 of 29
Johnson County Iowa
Kim Painter County Recorder
BK6362PG$34-862
)
) SS
Dtum.klr
city 0f
%fa.. ic,c‘
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. 22-86 which was passed by the City
Council of Iowa City, Iowa, at a regular meeting held on the 5th day of April 2022, all as the same
appears of record in my office,
Dated at Iowa City, Iowa, this 12th day of April 2022.
Ke11ie/K. Fruehling
City Clerk
\res
410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009
Prepared by: Susan Dulek, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
Resolution No, 22-86
Resolution approving and authorizing the Mayor to execute and
the City Clerk to attest a Declaration of Condominium Regime for
the 2021-2023 Taylor Drive Condominiums.
Whereas, the City has purchased a duplex at 2021-2023 Taylor Drive and converted it to a two -
unit residential condominium structure; and
Whereas, the City intends to sell each unit to an income -eligible household as part of its South
District Program; and
Whereas, a Declaration of Condominium Regime must be executed and recorded prior to
completion of a sale; and
Whereas, City staff has prepared and approved the attached Declaration of Condominium
Regime and recommends it be approved and executed.
Now, therefore, be it hereby resolved by the City Council of Iowa City, Iowa, that:
1. Upon the direction of the City Attorney, the Mayor and City Clerk are authorized and
directed to execute and attest respectively the attached Declaration of Submission of Property to
Horizontal Regime Establishing a Plan for Condominium Ownership of Premises 2021-2023
Taylor Drive Condominiums.
2. The City Clerk is directed to record said declaration at cost to the City.
3. Upon the direction of the City Attorney and the recommendation of the City Manager, the
Mayor and City Clerk are authorized and directed to execute and attest respectively amendments
to said declaration.
Passed and approved this 5,t:h
day of April
A
, 2022.
Attest:
Approved:. City Clerk
City Attory's Office
(Sue Dulek - 03/30/22)
Resolution No,
Page 2
22-86
It was moved by Taylor and seconded by Weiner
the Resolution be adopted, and upon roll call there were:
Ayes: Nays: Absent:
X Alter
X Bergus
x Harmsen
x Taylor
x Teague
x Thomas
—x— Weiner
Prepared by & Retum To; Susan Dulek. Asst. City Attorney, 410 E. Washington 5t., Iowa City, A 52240 (319) 355-5030
DECLARATION OF SUBMISSION OF PROPERTY
TO HORIZONTAL REGIME ESTABLISHING A PLAN FOR
CONDOMINIUM OWNERSHIP OF PREMISES
2021-2023 TAYLOR DRIVE CONDOMINIUMS
This Declaration of Submission of Property to the Horizontal Regime is made and
executed in Iowa City, Iowa, the 5th day of April, 2022, by the City of Iowa City, an Iowa
Municipal Corporation, hereinafter referred to as "DECLARANTS", pursuant to the provisions of
the Horizontal Property Act, Chapter 499B, Code of Iowa (2021), as amended.
WITNESSETH:
WHEREAS, DECLARANTS are the owners of certain real property located in Iowa City,
Iowa, and more particularly described as follows:
Lot one hundred forty-one (141) in Part Three Hollywood Manor Addition
to Iowa City, Iowa according to the plat thereof recorded in Plat Book 7,
Page 6, Plat Records of Johnson County, Iowa.
WHEREAS, DECLARANTS are the owners of the above-described real estate and
buildings and other improvements built upon said real estate and it is the desire and the intention
of the DECLARANTS to divide the Project into Condominiums and to sell and convey the same
to various purchasers, pursuant to the provisions of the aforesaid Horizontal Property Act, and to
impose upon said property mutually beneficial restrictions, covenants, and conditions; and
WHEREAS, DECLARANTS desire and intend by filing this Declaration to submit the
above-described property and buildings and other improvements constructed thereon, together
with all appurtenances thereto, to the provisions of the aforesaid Act as a Condominium Project.
NOW, THEREFORE the DECLARANTS do hereby publish and declare that all property
described above is held and shall be held and conveyed subject to the following covenants,
conditions, uses, limitations and obligations, all of which are declared and agreed to be in
furtherance of a plan for the improvement of said property and the division thereof into
condominiums and shall be deemed to run with the land and shall be a burden and a benefit to
Prepared by & Return To: Susan Du€ek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
DECLARATION OF SUBMISSION OF PROPERTY
TO HORIZONTAL REGIME ESTABLISHING A PLAN FOR
CONDOMINIUM OWNERSHIP OF PREMISES
2021-2023 TAYLOR DRIVE CONDOMINIUMS
This Declaration of Submission of Property to the Horizontal Regime is made and
executed in Iowa City, Iowa, the day of April, 2022, by the City of Iowa City, an Iowa
Municipal Corporation, hereinafter referred to as "DECLARANTS", pursuant to the provisions of
the Horizontal Property Act, Chapter 499B, Code of Iowa (2021), as amended.
WITNESSETH:
WHEREAS, DECLARANTS are the owners of certain real property located in Iowa City,
Iowa, and more particularly described as follows:
Lot one hundred forty-one (141) in Part Three Hollywood Manor Addition
to Iowa City, Iowa according to the plat thereof recorded in Plat Book 7,
Page 6, Plat Records of Johnson County, Iowa.
WHEREAS, DECLARANTS are the owners of the above-described real estate and
buildings and other improvements built upon said real estate and it is the desire and the intention
of the DECLARANTS to divide the Project into Condominiums and to sell and convey the same
to various purchasers, pursuant to the provisions of the aforesaid Horizontal Property Act, and to
impose upon said property mutually beneficial restrictions, covenants, and conditions; and
WHEREAS, DECLARANTS desire and intend by filing this Declaration to submit the
above-described property and buildings and other improvements constructed thereon, together
with all appurtenances thereto, to the provisions of the aforesaid Act as a Condominium Project.
NOW, THEREFORE the DECLARANTS do hereby publish and declare that all property
described above is held and shall be held and conveyed subject to the following covenants,
conditions, uses, limitations and obligations, all of which are declared and agreed to be in
furtherance of a plan for the improvement of said property and the division thereof into
condominiums and shall be deemed to run with the land and shall be a burden and a benefit to
DECLARANTS, their successors and assigns and any person acquiring or owning an interest in
the real property and improvements, their grantees, successors, heirs, executors, administrators,
devisees and assigns.
ARTICLE I.
DEFINITIONS
1. DECLARANTS. The term "DECLARANTS" shall mean the City of Iowa City, an Iowa
Municipal Corporation, having made and executed this Declaration.
2. DECLARATION. The term "DECLARATION" shall mean this instrument by which
2021-2023 Taylor Drive Condominiums is established as provided under the Horizontal Property
Act.
3. PROJECT. The term "PROJECT" shall mean the entire parcel of real estate property
referred to in this Declaration to be divided into Condominiums, including all structures thereon.
4. UNIT. The term "UNIT" shall mean one or more rooms occupying all or part of a floor
intended for use as a residence and not owned in common with the other owner in the Regime.
The boundary lines of each Unit are the interior surfaces of its perimeter walls, bearing walls,
floors, ceilings, windows and window frames, doors and door frames, and trim, and includes the
portions of the Building so described and the air space so encompassed. The Regime consists
of one Building containing two Units.
5. COMMON ELEMENTS. The term "LIMITED COMMON ELEMENTS" shall have the
meaning as defined in ARTICLE IV. There are no "GENERAL COMMON ELEMENTS"
contemplated for this Project.
6. BUILDING. The term "BUILDING" shall mean the structural improvement constructed
on the real estate described herein as more particularly described on Exhibits A and B. The one
Building constitutes the sole building included in the Regime.
7. CONDOMINIUM. The term "CONDOMINIUM" means the entire estate in the real
property owned by any Owner, consisting of an undivided interest in the Common Elements and
ownership of a separate interest in a Unit.
8. OWNER. The term "OWNER" means any person with an ownership interest in a Unit
in the Project.
9. ASSOCIATION. The term "ASSOCIATION" means 2021-2023 Taylor Drive
Condominiums Owners Association and its successors, a council of co-owners.
10. COUNCIL OF CO-OWNERS. The term "COUNCIL OF CO-OWNERS" means all co-
owners of the building and is otherwise known and synonymous with the term "ASSOCIATION"
and/or "HOMEOWNERS ASSOCIATION."
11. CONDOMINIUM DOCUMENTS. The term "CONDOMINIUM DOCUMENTS" means
this Declaration, and all Exhibits attached hereto including the Bylaws of the Association.
12. PLURAL AND GENDER. Whenever the context so permits or requires, the singular
shall include the plural and the plural the singular, and the use of any gender shall include all
2
genders.
13. SEVERABILITY. The invalidity of any covenant, restriction, agreement, undertaking,
or other provision of any Condominium Document shall not affect the validity of the remaining
portions thereof.
14. INCORPORATION. Exhibits attached hereto and referred to herein are hereby made
a part hereof with the same force and effect as other provisions of this Document.
ARTICLE II.
DESCRIPTION OF LAND, BUILDING AND UNITS
1. Description of Land. The land submitted to the Regime is located in Iowa City,
Johnson County, Iowa, and is legally described as follows:
Lot one hundred forty-one (141) in Part Three Hollywood Manor Addition
to Iowa City, Iowa according to the plat thereof recorded in Plat Book 7,
Page 6, Plat Records of Johnson County, Iowa.
2. Description of Building. The Condominium Regime consists of one building which
contains two (2) dwelling Units. It is a one-story building, both sides are completely finished
upstairs and both contain some finished and some unfinished space in the basements. The
principal materials of construction are: 2 x 4 wood framing, engineered wood siding, a poured
concrete foundation, and asphalt shingles. Each unit has its own separate solar array and
electrical system.
The building is constructed to the general specifications as set out in detail in Exhibit "A"
to this Declaration. The building site plan, showing a footprint of the building and the individual
units, is attached as Exhibit "B".
3. Description of the Units. The Condominium Regime consists of two (2) units
locally known as 2021-2023 Taylor Drive, Iowa City, Johnson County, Iowa according to the
specifications set out at Exhibit "A". The plans of the building are attached as Exhibit "A," and the
Engineer's Certificate for the plans is attached as "Exhibit C." Each Unit is an owner of fifty
percent (50%) of the Limited Common Elements as defined in Article IV, and each Unit shall pay
one-half of the common expenses, if any, and each Unit shall be entitled to one (1) vote in the
Association.
ARTICLE III.
OWNERSHIP INTERESTS
1. Exclusive Ownership and Possession by Owner. Each Owner shall be entitled
to exclusive ownership and possession of his or her Unit. Each Owner shall be entitled to an
undivided fifty percent (50%) interest in the Limited Common Elements, as defined in Article IV.
Said percentage of the undivided interest of each Owner in the Limited Common Elements shall
have a permanent character and shall not be altered without the consent of all Owners expressed
in an amended Declaration duly recorded. The percentage of the undivided interest in the Limited
Common Elements shall not be separated from the Unit to which it appertains and shall be
deemed to be conveyed or encumbered or released from liens with the Unit even though such
interest is not expressly mentioned or described in the conveyance or other instrument. Each
3
Owner may use the Limited Common Elements in accordance with the purpose for which they
are intended, without hindering or encroaching upon the lawful rights of the other Owner.
An Owner shall not be deemed to own the undecorated and/or unfinished surfaces of the
perimeter walls, ceiling, windows and doors bounding his or her Unit, nor shall the Owner be
deemed to own the utilities running through his or her Unit which are utilized for, or serve, more
than one Unit, except as a percentage of an undivided interest in the Limited Common Elements.
An Owner, however, shall have the exclusive right to paint, repaint, tile, wax, paper or otherwise
refinish and decorate the interior surfaces of the walls, floors, ceilings, windows and doors
bounding his or her Unit.
2. Appurtenances. There shall pass with the ownership of each Unit as a part thereof,
whether or not separately described in Article IV(1), all appurtenances to such Unit and no part of
the appurtenant interest of any Unit may be sold, transferred or otherwise disposed of except in
connection with the sale, transfer or other disposition of such Unit itself or of all Units in the
Regime.
3. Undivided Fractional Interest. An undivided interest in the Limited Common
Elements, as defined in Article IV, of the Regime shall be appurtenant to each Unit. The amount
of such undivided interest appurtenant to each Unit is fifty percent (50%).
4. General Common Elements. This Project has no General Common Elements.
5. Limited Common Elements. The exclusive use by Owners of the Limited Common
Elements, as defined in Article IV, shall be deemed an appurtenance of the Unit for which said
elements are reserved, provided such use and enjoyment shall be limited to the uses permitted
by this Declaration and other Condominium Documents.
6. Association Membership and Voting Rights. Appurtenant to each Unit shall be
membership in the 2021-2023 Taylor Drive Condominiums Owners Association and one (1) vote
in the affairs of the Association and of the Regime; provided, however, that the exercise of such
voting and membership rights shall be subject to the applicable provisions of the Bylaws of the
Association and of the other Condominium Documents. The action of such Association shall be
deemed the action of the Owners; and such action, when taken in accordance with the Bylaws of
the Association and this Declaration shall be final and conclusive upon all Unit Owners.
7. Cross -Easements. Appurtenant to each Unit shall be easements from each Unit
Owner to each other Unit Owner and to the Association, and from the Association to the respective
Unit Owners as follows:
(a) For ingress and egress through the common areas and for maintenance, repair, and
replacement as authorized;
(b) Through the Units and common facilities for maintenance, repair and replacement or
reconstruction of Limited Common Elements, but access to Units shall be only during
reasonable hours and upon reasonable notice except in case of emergency;
(c) Every portion of a Unit contributing to the support of a Building is burdened with an
easement of such support for the benefit of all such other Units; and
(d) Through the Units and common areas for conduits, ducts, plumbing, wiring and other
facilities for the furnishing of utility or other services to the other Units in the common
areas, but access to Units shall be only during reasonable hours and upon reasonable
notice except in case of emergency.
4
ARTICLE IV.
LIMITED COMMON ELEMENTS
1. Definition. The term "Limited Common Elements" shall include all portions of the
Project (land and improvements thereon) not included within any Unit. The term "Limited
Common Elements" as it relates to each individual Unit shall mean and such elements shall
consist of the real estate immediately adjacent to each Unit divided by the same plain which
separates the Units, said plain being extended to meet the front and rear boundary lines of the
lot on which such Unit is located. The Limited Common Elements directly adjacent to each Unit
shall be reserved for the sole and exclusive use by the Owners of the Unit to which said Limited
Common Elements are appurtenant. The Limited Common Elements include but are not limited
to:
a. The land on which the Building is erected.
b. Front, side, and rear yards; trees and plantings.
c. Driveways.
d. The foundations, exterior walls of each Unit and of the Building, roofs, and
communication ways, and in general all devices or installations existing for common use,
except as limited in the next Article.
e. Installations for public utilities, including electric, cable TV, gas and cold water for
common use.
f. All exterior walls of the Building, all walls and partitions separating the two Units, interior
load bearing walls and all other elements which are structural to a Unit are reserved for
that Unit.
g. Air conditioner pads, compressors and equipment.
h. Solar panels.
2. Exception. Notwithstanding the reservations made by this Article, the integrity and
appearance of the Regime as a whole are the common interests of all Owners and, as such, shall
be subject to the terms and restrictions of this Declaration.
3. Right of Association. The reservation of the Limited Common Elements herein shall
not limit any right the Association and its agents may otherwise have to alter such Limited
Common Elements or enter upon such Limited Common Elements.
ARTICLE V.
DECLARANTS' RESERVED RIGHTS AND POWERS
1. Declarants' Activities. Declarants are irrevocably and perpetually empowered,
notwithstanding any use, restriction or other provision hereof to the contrary, to sell, lease or rent
Units to any person and shall have the right to transact on the Condominium property any
business relating to construction, repair, remodeling, sale, lease or rental of Units, including but
not limited to, the right to maintain signs, employees, independent contractors and equipment and
materials on the premises, and to use Limited Common Elements to show Units. All signs and
all items and equipment pertaining to sales or rentals or construction and any Unit furnished by
the Declarants for sale purposes shall not be considered Limited Common Elements and shall
remain its separate property. Declarants retain the right to be and remain the Owner of any
5
completed but unsold Unit under the same terms and conditions as other Owners, including
membership in the Association save for its right to sell, rent or lease.
2. Easements. Declarants expressly reserve perpetual easements for ingress, egress
and utility purposes as may be required across and under the land submitted hereby.
3. Designation of Association Directors. Declarants shall be the sole member of the
Council of Co -Owners of the 2021-2023 Taylor Drive Condominium Owners Association until
the first Unit of said Association is sold. Thereafter the Council of Co -Owners shall be selected
in the manner specified in the Bylaws of the Association.
4. Terminate, Amend and Modify. After Declarants sell both Units, Declarants'
reserved rights and powers terminate automatically except as set forth herein. After Declarants
sell both Units, Declarants reserve the right without the consent of Unit Owners to amend or
modify the Declaration for the following purposes: (a) To add engineer's certificates indicating
that Buildings have been completed and constructed according to the plans and specifications
which are a part of this Declaration; and (b) To revise the legal description, site plan, building
plans or specifications, or any other portion of this Declaration in order to correct scrivener's or
other non -material errors that do not affect any Owner's interest in his, her, or their Unit or any
appurtenance thereto.
ARTICLE VI.
MANAGEMENT OF THE REGIME
1. Association; Council of Co-owners. The operation of the Condominium shall be by
a membership association. The name of the Association shall be "2021-2023 Taylor Drive
Condominiums Owners Association." A copy of its Bylaws is attached hereto, marked Exhibit "D,"
and incorporated herein. Whenever a vote or other action of Unit owners as a group is required
the mechanics of conducting such a vote or taking such action shall be under the control and
supervision of the Association. The affairs of the Association shall be conducted by a Council of
two (2) co-owners who shall be designated in the manner provide in the Bylaws. The action of
the Association shall constitute the action of the Owners or the Council of Co-owners whenever
such action is permitted or required herein or by Chapter 499B of the Code of Iowa (2021), as
amended.
2. Compliance. All owners, tenants, families, guests and other persons using or
occupying the Regime shall be bound by and strictly comply with the provisions of the Bylaws of
the Association and applicable provisions of other Condominium Documents, and all agreements,
regulations and determinations lawfully made by the Association and its directors, officers or
agents shall be binding on all such Owners and other persons. A failure to comply with the Bylaws
or the provisions of the other Condominium Documents or any agreement or determination thus
lawfully made shall be grounds for an action to recover sums due for damages on the part of the
Association or any Owner, as applicable, or injunctive relief without waiving either remedy.
3. Powers of Association. Each Owner agrees that the Association has and shall
exercise all powers, rights and authority granted unto it, the Council of Co-owners, and the
Owners as a group by Chapter 499B of the Code of Iowa (2021), as amended, and such as are
more particularly set forth in the Condominium Documents, including but not limited to the making
of assessments chargeable to Owners and the creation of a lien on Units thereof, and to acquire
a Unit at foreclosure sale and to hold, lease, mortgage or convey the same. Each Owner hereby
waives any rights to delay or prevent such foreclosure by the Association which he, she, or they
may have by reason of a homestead exemption.
6
4. Partition. All Unit Owners shall be deemed to have waived all rights of partition, if any,
in connection withsuch acquisition.
5. Membership, Voting Rights. The members of the Association shall consist of all of
the record Owners of Units. After receiving the approval of the Association elsewhere required,
change of membership in the Association shall be established by recording in the public records
of Johnson County, Iowa, a deed or other instrument establishing a record title to a Unit, in the
Condominium and the membership of the prior Owner shall be thereby terminated. The members
of the Association shall be entitled to cast one (1) vote for each Unit owned by such member.
6. Restraint upon Assignment. The share of a member in the funds and assets of the
Association cannot be assigned, hypothecated or transferred in any manner except as an
appurtenance to his or her Unit.
7. Discharge of Liability. All Owners shall promptly discharge any lien which may
hereafter be filed against his or her Condominium.
8. Limitation on Association's Liability. The Association shall not be liable for any
injury or damage to property caused by or on the Limited Common Elements or by another Owner
or person in the Project or by any other means unless caused by the gross negligence of the
Association. No diminution or abatement of common expense assessments shall be claimed or
allowed for inconvenience or discomfort arising from the making of repairs or improvements of
the Limited Common Elements or from any action taken to comply with any law, ordinance or
orders of a governmental authority.
9. Arbitration of Differences. In the event any dispute arising that concerns any
matter to be determined by the members of the Association results in a 1 to 1 vote, the members
agree to first engage in good faith negotiations to resolve any such dispute. In the event that they
are unable to resolve any such dispute by negotiating, the owner of each Unit shall choose one
arbitrator and such arbitrators shall choose one additional arbitrator, and the decision of the
majority of all the arbitrators shall be final and conclusive of the questions presented. If either
owner refuses or fails to promptly appoint an arbitrator, the same may be appointed by a judge of
the District Court of Iowa in and for Johnson County. Arbitration shall be in accordance with the
rules of the American Arbitration Association, and the cost thereof shall be shared equally by the
owners.
ARTICLE VII.
MAINTENANCE, ALTERATION AND IMPROVEMENT
1. Definitions. Certain terms used in this Article shall have a meaning as follows,
provided any dispute over meanings shall be conclusively decided by the Board of Directors of
the Association:
(a) "Maintenance" or "repair" shall mean the act of maintaining, restoring, renovating,
reconstructing, replacing, rebuilding and similar work necessary to preserve a Unit or
the property in its original condition as completed.
(b) "Improvement" shall mean the addition of a new structure, element or facility, other
than a structure, element or facility otherwise provided for by this Declaration.
2. Maintenance by Association. The Association shall have no obligation to maintain
a Unit or the Limited Common Elements within the Project.
3. Maintenance by Owner.
7
(a) Each Unit Owner at his or her own expense shall maintain that portion of the
building located within the Unit, including the boundary surfaces of such Unit and its
equipment, shall keep such interior in a clean and sanitary condition, shall do all
redecorating, painting and other finishing which may at any time be necessary to
maintain his or her Unit, and shall be responsible for the maintenance of all personalty
including carpets, furnishings, and appliances within such Unit.
(b) The Owner of each Unit shall be responsible for maintaining the plumbing fixtures
within the Unit and heating and the air conditioning unit serving such Unit and all other
utilities or portions thereof located within the boundaries of his or her Unit. The Owner
shall also, at his or her own expense, keep his or her Unit in a clean and sanitary
condition.
(c) The Unit Owner shall maintain, at his or her expense, any improvement or other
alteration to the Unit made by him or her.
(d) The Unit Owner shall maintain, at his or her expense, the Limited Common
Elements appurtenant to his or her Unit, including but not limited to:
(i) Mowing and lawn care as required by the Iowa City City Code.
(ii) Snow removal on the sidewalk as required by the Iowa City City Code.
(iii) The right of way between the curb and property line as required by the Iowa
City City Code.
(iv) The sidewalk squares as required by the Iowa City City Code.
(v) Snow removal on and maintenance to driveway.
(e) The owner of Unit A may, but is not obligated, tor repair the solar panels located
on the roof above Unit A. The owner of Unit B may, but is not obligated, to repair the
solar panels located on the roof above Unit B.
4. Alterations or Improvements by Owner. No Unit Owner shall make or permit to
be made any structural alteration to the Building without first obtaining written consent of the
owner of the other Unit if such alteration affects the firewall separating the two Units in the project.
Unit owner shall do no act or work which will impair the structural soundness or integrity of the
Building or safety of the property or impair any easement. The improvement or alteration of a Unit
shall not cause an increase or decrease in the number of ownership interests appurtenant to such
Unit.
5. Destruction. In the event of a destruction of all or any portion of any Unit by fire or
other casualty, the Owner of such Unit shall immediately take whatever precautions may be
reasonably required to preserve and protect an adjoining Unit from further damage. In addition,
in the event of any such destruction, any damaged Unit shall be reconstructed, unless otherwise
agreed by both Unit Owners. The following provisions shall govern exterior replacements,
maintenance and repairs and in reconstruction.
The Owner of a Unit may repair or replace exterior components of such Unit with
components similar to preexisting components and of the same design and color, and may paint
the exterior of such Unit with paint of the existing color or colors, but such Owner may not either
in the course of ordinary replacement, maintenance, repair and remodeling or in the restoration
after damage or destruction, use different siding, roofing or other exterior components, or a
different color scheme, unless the Owner of the adjoining Unit provides prior written consent to
do so. In the event of any dispute arising between the Unit owners concerning a change of siding,
roofing materials, color scheme or any other exterior components, the adjoining Unit Owners
agree to first engage in good faith negotiations to resolve any dispute.
8
In the event any dispute arising that concerns any matter herein results in a 1 to 1 vote,
the members agree to first engage in good faith negotiations to resolve any such dispute. In the
event that they are unable to resolve any such dispute by negotiating, the arbitration provision of
Article VI.9 shall apply. The arbitrator's decision shall be based upon whether the proposed
siding, roofing materials, color scheme or other changes are in harmony with the existing design
of the adjoining Unit.
ARTICLE VIII.
CONDITIONS OF AND RESTRICTIONS ON OWNERSHIP, USE, AND ENJOYMENT
1. Subjection of the Property to Certain Provision. The ownership, use, occupation,
and enjoyment of each Unit and of the Limited Common Elements, as defined in Article VI, shall
be subject to the provisions of the Bylaws and this Declaration, all of which provisions irrespective
of where set forth or classified shall have equal status and shall be enforceable and binding as a
covenant, condition, restriction, or requirement running with the land and shall be binding on and
enforceable against each and all Units and the Owners thereof and their respective assigns,
lessees, tenants, occupants and successors in interest.
2. Use of Property. The use of the property shall be in accordance with and subject to
the following provisions:
(a) A Unit shall be used or occupied for any use allowed in the Iowa City Zoning Code.
(b) No activity shall be allowed which unduly interferes with the peaceful possession
and use of the property by the Unit Owners nor shall any fire hazard or unsightly
accumulation of refuse be allowed.
(c) Nothing shall be done or kept in any Unit or in the common area which will increase
the rate of insurance on the common area, without the prior written consent of the
other Unit Owner. No Owner shall permit anything to be done or kept in his or her Unit
or in the common area which will result in the cancellation of insurance on any Unit or
any part of the common area, or which would be in violation of any law.
(f) No Unit Owner shall install a fence in the front yard as part of the Limited Common
Elements appurtenant to the Owner's Unit without the written consent of the other Unit
owner. Each Unit owner shall be allowed to fence in the portion of the rear yard
designated as part of the Limited Common elements appurtenant to the Owner's Unit
without the written consent of the other Unit owner.
(d) No Unit Owner shall be allowed to install additional parking slabs on any part of
the Property, nor shall parking of any vehicles be allowed except on the driveways.
No Unit Owner, guest or invitee shall block vehicular access to other driveway
reserved for the other Unit by parking vehicles or placing objects within said driveway.
Each Unit Owner's guests or invitees will park their own vehicles only on the driveway
reserved for the Unit, doing the same is such a manner as to not violate the provisions
of this subparagraph.
(e) The Association shall have the authority to adopt rules and regulations governing
the use of the property and such rules shall be observed and obeyed by the Owners,
their guests and invitees.
(f) Agents of or contractors hired by the Association may enter any Unit when
9
necessary in connection with any maintenance, landscaping, or construction for which
the Association is responsible, provided such entry shall be made with as little
inconvenience to the Owners as practicable.
(g) A Unit Owner shall give notice to the other Owner and the Association of every lien
against his or her Unit other than permitted mortgages, taxes, and Association
assessments, and of any suit or other proceeding which may affect the title to his or
her Unit, within ten (10) days after the lien attaches or the Owner receives notice of
such lien.
(h) A Unit Owner shall be liable to the Association for the expense of any maintenance,
repair, or replacement rendered necessary by his or her act, neglect, or carelessness,
or by that of his or her family, guests, employees, agents, or lessees, which liability
shall include any increase in insurance rates resulting therefrom.
3. No Waiver. Failure of the Association or any Owner to enforce any covenant,
condition, restriction or other provision of Chapter 499B of the Code of Iowa (2021), as amended,
this Declaration, the Bylaws of the Association, or the rules and regulations adopted pursuant
thereto, shall not constitute a waiver of the right to enforce the same thereafter.
4. Owner Occupied Covenants.
(a) No Unit may be rented. The Unit owners must occupy, reside, and live in the Unit.
Notwithstanding any other provision herein, a Unit owner may lease to one person for
a minimum period of 90 days provided the Unit owner occupies, resides and lives in
the Unit throughout the rental period.
(b) The covenants provided for in Article VIII(4)(a) (the "Covenants") shall be
covenants running with the land and shall remain in effect for an initial twenty-one year
period and successive twenty-one year periods in accordance with Iowa Code Section
614.24 (2021), or as provided by an amendment thereto regarding the statute of
limitations regarding the enforcement of use restrictions (the "Survival Period"). The
Covenants shall, in any event, and without regard to technical classification or
designation, legal or otherwise, and except only as otherwise specifically provided in
this Declaration, be binding for said period(s), to the fullest extent permitted by law and
equity, for the benefit and in favor of, and enforceable by, the City of Iowa City, its
successors and assigns, against the Unit Owners, their successors and assigns, and
any party in possession or occupancy of the Units.
(c) In amplification, and not in restriction, of the provisions of the preceding paragraph,
it is intended that the City of Iowa City and its successors shall be deemed beneficiaries
of the Covenants, both for and in its own right and also for the purposes of protecting
the interests of the community and other parties, public or private, in whose favor or for
whose benefit such Covenants have been provided. Such Covenants shall run in favor
of the City of Iowa City for the Survival Period, during which time such Covenants shall
be in force and effect without regard to whether the City of Iowa City has at any time
been, remains, or is an owner of any land or interest therein to or in favor of which such
Covenants relate. The City of Iowa City shall have the right in the event of any breach
of any Covenant during the Survival Period to exercise all the rights and remedies, and
to maintain any actions or suits at law or in equity or other proper proceedings to enforce
the curing of such breach of Covenant, to which it or any other beneficiaries of such
Covenant may be entitled, and shall be entitled to recover, in addition to its court costs,
a reasonable attorney's fee to be fixed by the court, and such recovery shall include
court costs and attorney's fees on appeal, if any. Further, the City of Iowa City shall
10
hold all right and authority to agree to or provide any amendment, modification, waiver,
termination or release of the Covenants on behalf of itself and other parties, public or
private, which are beneficiaries thereof.
ARTICLE IX.
INSURANCE AND CASUALTY
1. Insurance Obligation of Unit Owner. Each Unit owner shall obtain and keep in force
a policy or policies of insurance covering comprehensive general liability, property damage, fire
and other hazard insurance as it relates to each Unit Owner's Unit and Limited Common
Elements, as defined in Article VI, directly adjacent to and appurtenant to each Unit. The fires
and other hazard insurance policy or policies shall provide coverage for the replacement cost of
each Unit and its applicable Limited Common Elements. Such fire and other hazard insurance
shall bear a mortgage clause naming the mortgagee's interest in said property. The policy or
policies shall insure against loss from perils therein covered to all the improvements in the Project
and shall include coverage for fixtures and mechanical equipment located within each Unit and
within the adjacent Limited Common Elements, such as plumbing fixtures, electrical lighting
fixtures, solar panels, kitchen and bathroom cabinets and countertops, air conditioning, heating,
built-in kitchen appliances which are fixtures, and water heater together with additions thereto and
replacements thereof. Such policy or policies shall contain extended coverage, vandalism and
malicious mischief endorsement. The policy or policies shall also cover personal property owned.
Each Unit Owner policy shall include the adjoining Unit Owner as his or her interest appears.
2. Restoration in the Event of a Casualty. Restoration of the building located within
each of the Units shall be accomplished in accordance with the terms of this Declaration.
ARTICLE X.
TERMINATION
1. Procedure. The Condominium may be terminated in the following manner, in
addition to the manner provided by the Horizontal Property Act:
(a) Destruction. In the event it is determined in the manner elsewhere provided that
the Building shall not be reconstructed because of major damage, the Condominium
plan of ownership will be thereby terminated in compliance to the provisions of Section
4996.8 of the Code of Iowa (2021), as amended.
(b) Agreement. The Condominium may be terminated by agreement at any time by
the approval in writing of all of the Owners of the Condominium and by holders of all
liens affecting any of the Units by filing an instrument to that effect, duly recorded, as
provided in Section 4996.8 of the Code of Iowa (2021), as amended. It shall be the
duty of each Unit Owner and his or her respective lien holder to execute and deliver
such instrument and to perform all acts as in manner and form as may be necessary
to effect the sale of the Project when at a meeting duly convened of the Association,
the Owners of 100% of the voting power, and all record owners of mortgages upon
Units in the Regime, elect to terminate and/or sell the Project.
(c) Certificate. The termination of the Condominium in either of the foregoing manners
shall be evidenced by a certificate of the Association executed by all members of the
11
Association and their respective holders of all liens affecting their interest in the
Condominium, certifying as to facts effecting the termination, which certificate shall
become effective upon being recorded in the office of the Johnson County Recorder
in Iowa City, Iowa.
2. Form of Ownership after Termination. After termination of the Condominium, the
Project will be held as follows:
(a) The property (land and improvements) shall be deemed to be owned in common
by the Owners.
(b) The undivided interest in the property owned in common which shall appertain to
each Unit Owner shall be the percentage of undivided interest previously owned by
such Owner in the common area and facilities.
(c) Any liens affecting any of the Condominiums shall be deemed to be transferred in
accordance with the existing priorities to the undivided interest of the Owner in that
property.
(d) After termination, the net proceeds of sale, together with the net proceeds of the
insurance on the property, if any, shall be considered as one fund and shall be divided
among all the Owners in a percentage equal to the percentage of undivided interest
owned by each Owner in the Common Elements; after first paying out of the respective
shares of the Owners, to the extent sufficient for that purpose, all liens on the undivided
interest in the property owned by each Owner.
ARTICLE XI.
MORTGAGEE PROTECTION
(a) Right to Mortgage. Each Unit Owner shall have the right, subject to these provisions,
to grant separate mortgages for his or her Unit together with the respective ownership
interest in the Limited Common Elements, as defined in Article IV. No Unit Owner shall
have the right or authority to make or create or cause to be made or created from the
date hereof any mortgage or other lien on or affecting the Project or any part thereof,
except only to the extent of his or her own Unit and the respective ownership interest in
the Limited Common Elements appurtenant thereto.
(b) Condemnation. If any Unit or portion thereof or the Limited Common Elements of any
portion thereof is made the subject matter of any condemnation or eminent domain
proceeding or is otherwise thought to be acquired by a condemning authority, the
mortgagee of a Unit will be entitled to timely written notice of any such proceedings or
proposed acquisition, and no provisions of the Declaration or any other documents
establishing the Project shall entitle the Unit Owner or other party to priority over such
mortgagee with respect to the distribution of the proceeds of any award or settlement.
Any proceeds from settlement shall be payable to the Owners' Association, for the
benefit of the Unit Owners and the mortgage holders.
ARTICLE XII.
AMENDMENTS AND MISCELLANEOUS
12
1. Procedure. Except as otherwise provided in this Declaration, this Declaration may be
amended and such amendment shall be made in the following manner;
(a) Notice. Notice of the subject matter of a proposed amendment shall be included in
the notice of any meeting at which a proposed amendment is considered. Holders of
a first mortgage of record shall receive notice of such proposed amendment as
provided in the Bylaws of the Association.
(b) Resolution. A resolution adopting a proposed amendment may be proposed by
any member of the Association. Except as provided elsewhere, the resolution must be
adopted by a majority vote of all Owners entitled to vote, in person or by proxy;
provided, however, no amendment effecting a substantial change in this Declaration
or the Bylaws of the Association shall affect the rights of the holder of any such
mortgage recorded prior to recordation of such amendment who does not join in the
execution thereof and who does not approve said amendment in writing.
(c) Bylaws. In the case of an amendment to this Declaration by reason of an
amendment to the Bylaws of the Association, then in the manner specified in such
Bylaws.
(d) Execution and Recording. An amendment adopted pursuant to (b) or (c) above
shall be executed by an officer specifically delegated to do so with the formalities
required by Chapter 499B of the Code of lowa (2021), as amended. Upon the
recordation of such instrument in the office of the Johnson County Recorder, the same
shall be effective against any persons owning an interest in a Unit or the Regime.
2. Amendment of Ownership Interest. No amendment shall change the percentage of
ownership in the Limited Common Elements, as defined in Article IV, appurtenant to a Unit, nor
increase the Owner's share of the common expenses unless the record Owner of the Unit
concerned and all record owners of mortgages thereon shall affirmatively join in the adoption of
such amendment.
3. Indemnification. Each Unit Owner shall indemnify and hold harmless the other Unit
Owner from: a) any liability arising out of the Limited Common Elements, as defined in Article IV,
directly adjacent to each Unit which are reserved for the sale and exclusive use by the Owner of
the Unit to which said Limited Common Elements are appurtenant; and b) from any liability arising
out of failure to maintain the right of way and Limited Common Elements as provided in Article
VII(3)(d).
IN WITNESS WHEREOF, Declarants have executed this Declaration the day and year first
above written.
CITY OF IQWA CITY
B Teague, Mayor
n-1‘51—
Attst:
1,,,,
Kelli K. Frueh
,14. if
in , ity Clerk
13
CITY ACKNOWLEDGMENT
STATE OF IOWA
) ss:
JOHNSON COUNTY )
On this 9tin day of April, 2022, before me, the undersigned, a notary public in and for the
State of Iowa, personally appeared Bruce Teague and Kellie K. Fruehling, to me personally known,
who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said
municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is
the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said
municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such
officers acknowledged that the execution of said instrument to be the voluntary act and deed of said
corporation, by it and by them voluntarily executed.
Notary Public - State of Iowa
Approved:
CS)7 `)S 02,t
City Attorney's Office
�*wf TAMARA NEUMANN
= Commission Number 8313058
MY COMMISSION EXPIRES
'eel MARCH 14, 2025
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CIVIL ENGINEERS
LAND PLANNERS
LAND SURVEYORS
LANDSCAPE ARCHITECTS
ENVIRONMENTAL SPECIALISTS
1917 S. GILBERT ST.
IOWA CITY, IOWA 52240
(319) 351-8282
www.mmsconsultants.net
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EXHIBIT "A"
UNITS A&B
2021-2023 TAYLOR DRIVE
CONDOMINIUMS
IOWA CITY
JOHNSON COUNTY
IOWA
MMS CONSULTANTS, INC.
Data. 3/16/2022
Rad Book No.
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CIVIL ENGINEERS
LAND PLANNERS
LAND SURVEYORS
LANDSCAPE ARCHITECTS
ENVIRONMENTAL SPECIALISTS
1917 S. GILBERT ST.
IOWA CITY, IOWA 52240
(319) 351-8282
www.mmsconsultants.net
Data
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EXHIBIT "A"
UNITS A&B
2021-2023 TAYLOR DRIVE
CONDOMINIUMS
IOWA CITY
JOHNSON COUNTY
IOWA
MMS CONSULTANTS, INC.
Dam 3/16/2022
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CIVIL ENGINEERS
LAND PLANNERS
LAND SURVEYORS
LANDSCAPE ARCHITECTS
ENVIRONMENTAL SPECIALISTS
1917 S. GILBERT ST.
IOWA CITY, IOWA 52240
(319) 351-8282
www. mmsconsultants. net
Pate I Revision
EXHIBIT "A"
UNITS A&B
2021-2023 TAYLOR DRIVE
CONDOMINIUMS
IOWA CITY
JOHNSON COUNTY
IOWA
MMS CONSULTANTS, INC.
Date, 3/16/2022
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EXHIBIT "B"
2021-2023 TAYLOR DRIVE CONDOMINIUMS
IOWA CITY, IOWA
140
HOLLYWOOD MANOR ADDITION PART THREE
AS RECORDED IN BOOK 7, PASS
1489'05'231E.
120.75
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_ LIMITED COMMON ELEMENTS
RESERVED FOR UNIT "A"
_ UMITED COMMON ELEMENTS
RESERVED FOR UNIT "B"
I FOAL _DESCRIPTION :
LOT 141, PART THREE HOLLYWOOD MANOR ADDITION TO IOWA CITY,
IOWA. ACCORDING TO THE PLAT 11HEREOF RECORDED IN BOOK 7,
PAGE 5, PLAT RECOR05 OF JOHNSON COUNTY. IOWA.
NOTES:
1. ALL MEASUREMENTS FROM PROPERTY LINES TO BUILDINGS ARE
PERPENDICULAR AND/OR RADIAL TO SAID PROPERTY LINES.
2. THIS DRAWING DEPICTS IMPROVEMENTS COMPLETED AS OF
03/15/2022.
3. REFERENCE BUILDING PLANS, EXHIBIT "A" FOR BUILDING
DIMENSIONS.
4. THIS 15 A CONDO SURVEY AND NOT A BOUNDARY OR PROPERTY
SURVEY AND SFIOULD NOT BE RELIED UPON AS SUCH. THE
PROPERTY BOUNDARIES ARE RECORDED OIMENSIONS AND
APPROXIMATE ONLY.
Z
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KELLY
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14824
ie
I hereby certify that lhle 9"°"6"1ummnl wan prepared by
me or under my direct supereelon ,. that I am a duly Reload
ear under 'f�cl the State a! Iowa.
'J� i �P 20zZ-
. CRIER. P.E. law
My license renewal date le December 31, 20
Pages ar sheets covered by (hie meat:
Uc. No. 14624
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CIVIL ENGINEERS
LAND PLANNERS
LANDSURVEYORS
LANDSCAPE ARCHITECTS
ENVIRONMENTAL SPECIALISTS
1917 S. GILBERT ST.
IOWA CITY, IOWA 52240
(319) 351-8282
www.mmsconsultants.net
Date 'Revision
EXHIBIT "B"
- SITE PLAN
2021.2023 TAYLOR DRIVE
CONDOMINIUMS
IOWA CITY
JOHNSON COUNTY
IOWA
MMS CONSULTANTS, INC.
Mita,
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Project Na,
0339-274 or,
Prepared by: Kelly J. Beckler
MMS Consultants, Inc.
After recording return to: Sue Dulek
City of Iowa City Attorney
1917 S. Gilbert Street
Iowa City, Iowa 52240
410 East Washington Street
Iowa City, Iowa 52240
319-351-8282
319-351-8476 facsimile
319-356-5030
319-356-5008 facsimile
EXHIBIT "C"
ENGINEER'S CERTIFICATE
2021 - 2023 Taylor Drive Condominiums
Units: A (2021 Taylor Drive) and B (2023 Taylor Drive)
STATE OF IOWA
JOHNSON COUNTY
)
)
S5:
I, Kelly J. Beckler, being duly sworn on oath do depose and state the following:
1. That I am a Professional Engineer authorized and licensed to practice my profession in the
State of Iowa.
2. That I have examined the Building Plans for 2021 - 2023 Taylor Drive Condominiums, Units A
(2021 Taylor Drive) and B (2023 Taylor Drive), referenced as Exhibit "A." This certificate is
to become an exhibit to the Declaration of Submission of Property to Horizontal Property
Regime for 2021 - 2023 Taylor Drive Condominiums.
3. I hereby certify that I have verified by non-destructive field observations that the above
referenced Building Plans diagrammatically represent Units A (2021 Taylor Drive) and B
(2023 Taylor Drive), of 2021 - 2023 Taylor Drive Condominiums, located therein, and the
common elements that the Declarant has now constructed on the land shown on the attached
Exhibit "B" — Site Plan, insofar as is reasonably possible due to expected carpentry tolerances,
except for the following:
a. None.
T:1033910339-274\0339-2740.docx
4. I hereby certify that the attached Exhibit "B" — Site Plan locates Units A (2021 Taylor Drive)
and B (2023 Taylor Drive), of 2021 - 2023 Taylor Drive Condominiums. That as a licensed
Professional Engineer, I hereby certify that said Site Plan is sufficient to determine with
reasonable certainty the location of Units A (2021 Taylor Drive) and B (2023 Taylor Drive), of
2021 - 2023 Taylor Driv - i ondominiums, and hereby certify that said Building and Units, as
cons 1► ed, are locatesindicated on said Site Plan.
K�.•� ckler
Iowa icense Number 14624
My biennial license renewal date is December 31, 2022.
Subscribed '� and sworn to before me by said Kelly J. Beckler this ,211k" day of
77�
� t,�i(-C/L , 2022.
ry Publi 'n and for the State of Iowa.
T: \03 3 9 \0 3 3 9-274\03 3 9-274G. de c x
odif
* *
LACEY STUTZMAN
Commission Number 822560
MY COMMISSION EXPIRES
DECEMBER 3, 76.2.4
EXHIBIT "D"
BYLAWS OF 2021-2023 TAYLOR DRIVE CONDOMINIUMS
OWNERS' ASSOCIATION
These are the Bylaws of the 2021-2023 Taylor Drive Condominiums Owners Association
(Association), an association organized for the purpose of administering 2021-2023 Taylor Drive
Condominiums, a horizontal property regime (condominiums), established pursuant to Chapter
499B of the 2021 Code of Iowa, as amended, located on the following land in the City of Iowa
City, Johnson County, Iowa:
Lot one hundred forty-one (141) in Part Three Hollywood Manor Addition
to Iowa City, Iowa according to the plat thereof recorded in Plat Book 7,
Page 6, Plat Records of Johnson County, Iowa.
I. MEMBERS AND VOTING RIGHTS
1. The owners of each condominium unit shall constitute the members of the Association
and membership shall automatically cease upon termination of all interests which constitute a
person an owner. Whenever only one spouse is a record titleholder, the other spouse shall be
considered an owner for the purposes of membership, and shall be bound by the provisions of all
condominium documents. Declarants shall be and have the rights of members with respect to
unsold units.
2. An owner of record shall be recognized as a member without further action for so long
as he or she holds an ownership interest. If ownership is acquired but not of record, or if acquired
other than by way of conveyance, or other formal instrument of transfer (such as by death, judicial
act or dissolution), the person acquiring or succeeding to ownership shall present the Council of
Co -Owners of the Association evidence satisfactory to it of facts evidencing lawful ownership
status prior to exercise of any rights of membership in the Association. Failure to provide such
evidence shall not, however, relieve an owner of his or her ownership obligations. A fiduciary or
other official acting in the representative capacity shall exercise all membership rights and
privileges of the owner which he or she represents.
3. If more than one person is the owner of the same unit, all such owners shall be
members and remain jointly and severally liable for all membership obligations. In such cases, or
if more than one fiduciary or other official is acting in the premises, the votes entitled to be cast
by the owners of that unit shall be cast by the person named for that purpose on a certificate
signed by all such owners or fiduciaries or other officials and filed with the Council of Co -Owners
and such person shall be deemed to hold an ownership interest to such for purposes of voting
and determining the representation of such ownership interest at any meeting or for purposes
otherwise provided herein. If such certificate is not executed and filed with the Council of Co -
Owners, such membership shall not be in good standing and the votes for that unit shall not be
considered in considering a quorum or a vote or for any other purposes until this Bylaw is complied
with.
4. The owner of each unit shall be entitled to one (1) vote on all matters to be determined
by the members of the Association either as owners or as units or as contemplated by Chapter
499B of the 2021 Code of Iowa, as amended, pursuant to the Declaration, including any
supplements or amendments thereto, submitting the property to the regime. Votes of a single unit
may not be divided.
5. In the event any dispute arising that concerns any matter to be determined by the
members of the Association results in a 1 to 1 vote, the members agree to first engage in good
faith negotiations to resolve any such dispute. In the event that they are unable to resolve any
such dispute by negotiating, the owner of each Unit shall choose one arbitrator and such
arbitrators shall choose one additional arbitrator, and the decision of the majority of all the
arbitrators shall be final and conclusive of the questions presented. If either owner refuses or fails
to promptly appoint an arbitrator, the same may be appointed by a judge of the District Court of
Iowa in and for Johnson County. Arbitration shall be in accordance with the rules of the American
Arbitration Association, and the cost thereof shall be shared equally by the owners.
II. COUNCIL OF CO-OWNERS
1. The affairs of the Association shall be managed by the Council of Co -Owners
(Council). The Council shall consist of all members of the Association. An officer or designated
agent of a partnership or corporate member shall qualify to serve on the Council.
111. POWERS AND DUTIES OF THE
COUNCIL OF CO-OWNERS
All of the powers and duties of the Association shall be exercised by the Council, including
those existing under the common law and statutes, and the documents establishing the
Condominium Regime, per Article VI of the Declaration of Condominiums. Such powers and
duties of the Council shall be exercised in accordance with the provisions of the Declaration which
governs the use of the land, and in addition to those elsewhere provided, shall include but not be
limited to the following:
1. The enforcement by legal means of the provisions of the Horizontal Property Regime,
the Articles and Bylaws of the Association, Declaration, and the regulations for the use of the
property in the Regime; and to take legal action in the name of the Association and on behalf of
its members.
2. To carry insurance on the property committed to the Regime and insurance for the
protection of unit owners, and occupants and the Association, if authorized by the members.
3. To conduct all votes or determinations of the members other than at a membership
meeting.
4. To do such other acts as are necessary and proper to affect the purpose of the Regime
as stated in the Declaration and these Bylaws provided such acts are not otherwise prohibited.
IV. OFFICERS
1. The officers of the Association shall be the President, a Vice President, and a
Treasurer -Secretary which offices may be filled by one person. All such officers shall be elected
annually by the Council from the members of the Association. Each officer shall have the powers
and duties usually vested in such office, and such authority as is committed to the office by the
Bylaws or by specific grant from the Council, but subject at all times to the provisions of the Bylaws
and to the control of the Council.
2. The President shall be the chief executive officer of the Association. The President
shall preside at all meetings of the Council.
3. The Vice President shall preside over the Council meetings in the absence or disability
of the President, and shall otherwise exercise the powers and duties of the President in the event
of the absence or disability of the President and shall generally assist the President and exercise
such other powers and duties as are prescribed by the Council.
4. The Secretary and Treasurer, which shall constitute one office, shall keep the minutes
of all proceedings of Council meetings and shall have custody and control of the Minute Book of
the Association and shall keep or be in charge and control of the records of the Association and
additionally as Treasurer have control of the funds and other property of the Association and shall
keep the financial books and records thereof.
5. Any instrument affecting an interest in real property may be executed by the President
or Vice President and one other officer upon authorization of the Council or in such manner as
the Council may otherwise direct.
V. AMENDMENT
1. These Bylaws may be amended, altered, repealed or new Bylaws adopted by the
members at a regular or special meeting of the members upon the affirmative vote of 100% of all
votes entitled to be cast; provided, however, no amendment effecting a substantial change in
these Bylaws shall affect the rights of the holder of any mortgage recorded prior to recordation of
such amendment who does not join in the execution thereof and who does not approve said
amendment in writing.
2. To the extent provided by Section 499B.14 of the 2021 Code of Iowa, as amended, no
modification nor amendment to these Bylaws shall be effective unless set forth in an amendment
to the Declaration, executed and recorded in the manner set forth in the Declaration and an
amendment to these Bylaws shall constitute an amendment to the Declaration as provided for by
law. Upon such recording, said amendment shall be effective against all persons having an
interest in a unit or the Regime regardless of whether said person had such interest at the time
said amendment was adopted.
VI. MISCELLANEOUS PROVISIONS
1. The invalidity of any portion of these Bylaws shall not affect the validity of the remaining
provisions or portions hereof.
2. The Association shall not have and employ a corporate seal.
3. The Association shall promulgate such Rules and Regulations as it deems to be in the
best interests of all owners within the Regime.
4. Each member shall have the obligations as such member as are imposed on him or
her by the Declaration as an owner, and no member shall have any power or authority to incur a
mechanic's lien or other lien effective against the regime property except as the same may attach
only against his or her interest therein.
5. No provision or restriction otherwise void by reason of application of the Rule Against
Perpetuities shall continue for a period longer than the life of the last to survive of the owners or
present officers of the Declarant, and their children in being, at the time of the initial recording of
the Declaration and twenty-one years thereafter.
6. Each owner or lessee of his or her unit, as applicable, shall have a right to use and
enjoy the Limited Common Elements, as defined in Article IV, appurtenant to such unit provided
that such use shall be limited to the uses permitted by the Declaration and other governing
documents of the Regime.
VII. MEMBERS' MEETINGS
1. Meetings of the members of the Association may be called for any purpose by a unit
owner.
2. Written or printed notice stating the place, day and hour of the meeting and the
purpose for which said meeting is called, shall be delivered not less than 7 or more than 60 days
before the date of the meeting, either personally or by mail, by or at the direction of any officer or
any unit owner. If mailed, such notice shall be deemed to be delivered when deposited in the
United States mail, addressed to the member at his or her last known address. This notice
requirement may be waived, in writing, by a unit owner representing each unit.
3, A quorum at a members' meeting shall consist of 2 representatives, either in person
or by proxy, representing each unit.
VIII. DEFINITIONS
Unless the context otherwise requires, the terms used herein shall have the meanings
stated in Chapter 499B of the Code of Iowa, as amended and as follows:
1. Person. The term "person" shall include an individual, a corporation, or other legal
entity or its representative.
2. Owner. The term "owner" for purposes of these Bylaws shall mean any person who
owns or holds an interest in one or more units subject to the Regime provided that the holder of
a leasehold interest in a unit shall not be an owner and further provided that the holder of an
equitable interest shall be an owner.
3. Singular, plural and gender. Whenever the context so permits or requires the use of
the singular shall include the plural, the plural the singular, and the use of any gender shall include
all genders.
Dated, April 5th 2022.
CITY OF IOWA CITY
l
Bruce Teague, May
EXHIBIT "E"
RULES AND REGULATIONS
FOR
2021-2023 TAYLOR DRIVE CONDOMINIUMS
1. Parking. Parking of cars, trucks, motorcycles, trailers, boats, campers, recreational
vehicles, and other vehicles is allowed only on the driveways. No Unit Owner, guest or invitee
shall block vehicular access to each Unit's driveway by parking vehicles or placing objects within
the driveway. No Unit Owner shall install additional parking slabs on any part of the Property.
2. Satellite Dish and Antenna. Radio or television antenna, satellite dish, or any
wiring for any purpose may not be installed on the exterior of the Building without the written
consent of both Unit Owners.
3. Noise. No Unit Owner shall make or permit any disturbing noises in the Building which
will interfere with the rights, comforts, or conveniences of t h e other Unit Owner. No
Unit Owner shall playupon or suffer to be played upon any musical instrument or operate
or permit to be operated a radio, television, electronic device, or other loud -speaker in
such Owner's Unit between the hours of 10:00 PM and the following 6:00 AM., if the same
shall disturb or annoy other occupants of the Building.
4. Cleanliness. Each Unit Owner shall keep his or her Unit in a clean and sanitary
condition. Unit Owners shall n o t sweep or throw from the doors or windows any dirt or
other substance, or permit to be swept or thrown therefrom. Unit Owners shall not cause or
permit any unusual or objectionable odors to be produced upon or emanate from their respective
units.
5. Maintenance Responsibilities. As provided in Article VII of the Condominium
Declaration, the Unit Owner shall maintain, at his, her, or their expense, the Limited Common
Elements appurtenant to his, her, or their Unit (essentially the "north half' of the yard for 2021
Taylor Dr. and the "south half' of the yard for 2023 Taylor Dr.), including but not limited to:
(a) Mowing and lawn care as required by the Iowa City City Code.
(b) Snow removal on the sidewalk as required by the Iowa City City Code.
(c) The right of way between the curb and property line as required by the Iowa
City City Code.
(d) The sidewalk squares as required by the Iowa City City Code.
(e) Snow removal on and maintenance to driveway.
(f) The owner of Unit A may, but is not obligated, to repair the solar panels located
on the roof above Unit A. The owner of Unit B may, but is not obligated, to
repair the solar panels located on the roof above Unit B.
6, Renting. As provided in Article VIII of the Condominium Declaration, no Unit may be
rented. The Unit owners must occupy, reside, and live in the Unit. Notwithstanding any other
provision herein, a Unit owner may lease to one person for a minimum period of 90 days provided
the Unit owner occupies, resides and lives in the Unit throughout the rental period.
7. Fencing. As provided in Article IX of the Condominium Declaration, no Unit Owner
may install a fence in the front yard without the written consent of the other Unit Owner. Each
Unit Owner may install a fence in the portion of the rear yard designated as that Unit's Limited
Common Elements without the written consent of the other Unit Owner.
8. Animals. All animals must be licensed with the Iowa City Animal Care and Adoption
Center as required by the Iowa City City Code.
9. Mailboxes. Exterior name plates and mailboxes must be installed in a manner
uniform and consistent with that of the other Unit and approved by the other unit Owner.
10.Amendment. These Rules and Regulations may be amended, modified or
altered only as provided in the Bylaws of 2021-2023 Taylor Drive Condominiums Owners
Association.
These Rules and Regulations have been approved by the Council of Co -Owners
consisting of all members of 2021-2023 Taylor Drive Condominiums Owners
Association on April 5th , 2022.
CITY OF IOWA CITY
uce Teague, yor
Item Number: 6.h.
46,, CITY OF IOWA CITY
� COUNCIL ACTION REPORT
April 5, 2022
Resolution authorizing the acquisition of property interests necessary for
construction of the Eastwood Drive and Southlawn Drive Intersection
Improvements Project.
Prepared By: Alin Dumachi, Sr. Civil Engineer
Reviewed By: Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact: Funding will be via the Annual Storm Water Improvements account #M3631
Recommendations: Staff: Approval
Commission: N/A
Attachments: Location Map
Resolution
Executive Summary:
Final design for the Eastwood Drive and South Lawn Drive Intersection Improvements Project
has been completed, and the proposed improvements require the acquisition of temporary
construction easements within the project corridor.
Background /Analysis:
Due to severe deterioration of the storm sewer intakes and pavement at the intersection of
Eastwood Drive and South Lawn Drive, full reconstruction of the intersection is included along with
utility improvements.
The project includes the following design elements:
• Replacement of existing storm sewer system, with new storm sewer pipes and intakes
• 8" PCC pavement with integral 6" curb
• 6" subdrains under Eastwood Drive
• Upgrade existing 6" ductile iron water main to 8" PVC pipe.
• Relocate and replace existing fire hydrant
• New curb ramps to meet ADA compliance
Project Timeline:
Spring 2022 — Property Acquisition and Bidding
Summer/Fall 2022 — Construction
ATTACHMENTS:
Description
Resolution
Location Map - Exhibit A
Prepared by: Nin Dumachi, Engineering Division, 410 E. Washington St, Iowa City, R 52240, 319-356-5143
Resolution No. 22-87
Resolution authorizing the acquisition of property interests necessary
for construction of the Eastwood Drive and Southlawn Drive Intersection
Improvements Project.
Whereas, the City of Iowa City desires to construct the Eastwood Drive and Southlawn Drive
Intersection Improvements Project ("Project") which includes complete reconstruction of the
intersection of Eastwood Drive and Southlawn Drive, as well as improvements to the sidewalk, ADA
curb ramps, storm sewer, water main; and
Whereas, the City Council has determined that construction of the Project is a valid public purpose
under State and Federal law, and has further determined that acquisition of certain property rights
is necessary to construct, operate and maintain the proposed project; and
Whereas, the City staff has determined the location of the proposed Project; and
Whereas, City staff should be authorized to acquire necessary property rights at the best overall
price to the City; and
Whereas, funds for this project are available in the Annual Storm Water Improvements account
#M3631.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
1. The City Council finds that it is in the public interest to acquire property rights by warranty
deed, quit -claim deed, and/or easement for the construction of the Eastwood Drive and
Southlawn Drive Intersection Project ("Project") which Project constitutes a public
improvement under Iowa law. The City Council further finds that acquisition of said property
rights is necessary to carry out the functions of the Project, and that such Project constitutes
a valid public purpose under state and federal law.
2. The City Council hereby approves the site location of this public improvement project, as
shown in the attached Exhibit "A", attached hereto and incorporated herein by this
reference.
3. The City Manager or designee is hereby authorized and directed to negotiate the purchase
of property rights by warranty deed, quit -claim deed and/or easement for the construction,
operation and maintenance of the Project. The City Manager or designee is authorized to
sign purchase agreements for the purchase of property and/or easements, and offers to
purchase property and/or easements.
4. The City Manager or designee, in consultation with the City Attomey's Office, is authorized
and directed to establish, on behalf of City, an amount the City believes to be just
compensation for the property to be acquired, and to make an offer to purchase the property
for the established fair market value.
Resolution 22-87
Page 2
5. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized to
execute and attest easement agreements and agreements in lieu of condemnation. The City
Attorney is hereby directed to take all necessary action to complete said transactions, as
required by law.
6. In the event the necessary property rights for the Project cannot be acquired by negotiation,
the City Attorney is hereby authorized and directed to initiate condemnation proceedings for
acquisition of any and all property rights necessary to fulfill the functions of the Project, as
provided by law.
Passed and approved this 5th day of
April
,2022
It was moved by Taylor
adopted, and upon roll call there were:
Ayes:
x
x
x
x
X
X
Approve ; by
•
City Attorn- ' s •ffice
(Sara Greenwood Hektoen — 03/30/22)
and seconded by
Nays:
Weiner
Absent:
Teague
Alter
Harmsen
Taylor
Bergus
Thomas
Weiner
the Resolution be
X
EXHIBITA
Johnson County GIS
Web Printing
Project Location
Punted: 3/24/2022
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Users relyng on (h,s
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Item Number: 7.a.
46,, CITY OF IOWA CITY
� COUNCIL ACTION REPORT
April 5, 2022
Resolution setting a public hearing on April 19, 2022 on project manual and
estimate of cost for the construction of the Benton Street Rehabilitation
Project [STP -U-3715(669) - - 70-52], 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: Melissa Clow, Special Projects Administrator
Reviewed By: Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact: $4,200,000 available in the Benton Street Rehabilitation Project account
#S3947
Recommendations: Staff: Approval
Commission: N/A
Attachments: Location Map
Resolution
Executive Summary:
The Benton Street Rehabilitation Project includes a crack -and -seat of the existing pavement with a
Hot Mix Asphalt (HMA) overlay, painting of on -street bike lanes, ADA sidewalk improvements, and
traffic and pedestrian signal improvements at the Benton and Sunset intersection.
Background /Analysis:
The project corridor extends approximately 6,550 feet along Benton Street, from Mormon Trek
Boulevard to 150 feet east of Benton Drive. The existing pavement is a 33 -foot wide Portland
Cement Concrete (PCC) roadway with approximately two 13 -foot wide travel lanes (one in each
direction) and 3 -foot painted shoulders. With the crack -and -seat and overlay project, the existing
curb lines will remain and the overall width of the street will stay the same. However, the roadway
will be restriped to include two 11 -foot travel lanes (one in each direction) and 5 -foot on -street bike
lanes.
The City has completed a diamond grinding project within this section of Benton Street to try and
address rideability issues. However, the existing pavement is in poor condition, with joint
deterioration becoming an increasing issue for much of the corridor. Sidewalk facilities exist along
both sides of Benton Street, including curb ramps at most intersections. However, many of the
curb ramps do not meet current ADA requirements.
The MPOJC programmed $1,316,000.00 in STBG funding for the Benton Street Rehabilitation
Project in the FY2021-2024 Transportation Improvement Program (TIP). Council accepted this
funding in February 2021.
One bid was received in January 2022 that exceeded the Engineer's Estimate by more than
40%. Subsequently, the City rejected the bid and the DOT concurred. The Engineer's Estimate
has been updated to reflect current material pricing and milestone dates have been revised to
provide additional flexibility to contractors to either split work into two construction seasons (Fall
2022 — Fall 2023) or complete all work in one season (Spring — Fall 2023).
Project Timeline:
Set Public Hearing — April 5, 2022
Hold Public Hearing / Approve Plans and Specifications — April 19, 2022
Iowa DOT Bid Letting — June 21, 2022
Award Date — July 5, 2022
Construction Start — Fall 2022 / Spring 2023
Final Completion — Fall 2023
ATTACHMENTS:
Description
Location Map
Resolution
Exhibit A
Prepared by: Melissa Clow, Engineering Division, 410 E. Washington St., Iowa City, A 52240, (319)356-5413
Resolution No. 22-88
Resolution setting a public hearing on April 19, 2022 on project
manual and estimate of cost for the construction of the Benton
Street Rehabilitation Project [STP -U-3715(669) - - 70-52],
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 Benton Street Rehabilitation Project account #
S3947.
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 19'h day of April, 2022 at 6:00 p.m. in the
Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next
meeting of the City Council thereafter as posted by the City Clerk.
2. The City Clerk is hereby authorized and directed to publish notice of the public hearing for
the above-named project in a newspaper published at least once weekly and having a
general circulation in the City, not less than four (4) nor more than twenty (20) days before
said hearing.
3. A copy of the project manual and estimate of cost for the construction of the above-named
project is hereby ordered placed on file by the City Engineer in the office of the City Clerk
for public inspection.
Passed and approved this 5th day of Affil
Attest:
It was moved by Taylor
May
, 2022
Approved by
City Attorney's Office
(Sara Greenwood Hektoen - 03/30/22)
and seconded by Weiner
adopted, and upon roll call there were:
Ayes: Nays: Absent:
X
x
x
x
x
x
X
Alter
Bergus
Harmsen
Taylor
Teague
Thomas
Weiner
the Resolution be
Item Number: 7.b.
1 4CITY OF IOWA CITY
!kr4gi,'��� COUNCIL ACTION REPORT
April 5, 2022
Resolution setting a public hearing on April 19, 2022 on project manual and
estimate of cost for the construction of the North Westminster Storm Sewer
Improvements Project, directing City Clerk to publish notice of said hearing,
and directing the City Engineer to place said project manual on file for public
inspection.
Prepared By: Ben Clark, Sr. Civil Engineer
Reviewed By: Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact: $1,350,000 available in the North Westminster Storm Sewer Upgrades
account #M3633
Recommendations: Staff: Approval
Commission: N/A
Attachments: Location Map
Resolution
Executive Summary:
This item begins the bidding process for the North Westminster Storm Sewer Improvements
Project.
Background /Analysis:
The North Westminster drainage area was studied in response to reported flash flooding near the
intersection of North Westminster Street and Washington Street. The study confirmed that
sections of the storm sewer system are inadequate to convey runoff for the City's current 5 -year
design storm criteria. Surface flooding at these two locations can be deep enough to cover the
width of the roadway, overtop the curb and flow onto adjacent properties, creating a potential for
property damage and a public safety concern for vehicles.
The Project involves the following:
1. Replace the Westminster Street existing 36" storm sewer with new 48" storm sewer
from Washington Street to north of Bowling Green Place.
2. Replace the Washington Street existing storm sewer system with new larger pipe and
add new storm intakes, west of Westminster.
3. Add new storm curb intakes along Westminster between Bowling Green Place and
Hastings Avenue.
4. Replacement of Westminster pavement graded such to provide an appropriate
overflow route during large storm events.
5. Replace street, sidewalk and driveway pavement associated with new storm sewer and
Westminster overflow route.
6. Provide American with Disabilities Act (ADA) compliant sidewalks and curb ramps
within the project limits.
7. Improvements to the water system at the intersection of Westminster/Washington and
Westminster/Bowling Green by providing hydrant assemblies within 25 -feet of the
intersections per standards with appropriate valving to allow for the hydrants to be used in
multiple directions as a flush point.
8. Relocate and/or adjust sanitary sewer system components and other utilities within the
project limits as needed to accommodate the new storm sewer system improvements.
Project Timeline:
Set Public Hearing —April 5, 2022
Hold Public Hearing — April 19, 2022
Bid Letting — May 10, 2022
Award Contract — May 17, 2022
Construction — June 2022 to May 2023
ATTACHMENTS:
Description
Location Neap
Resolution
••
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ARBOR HILL CIRCLE
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SHRACER RD
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--
Prepared by: Ben Clark, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319)356-5436
Resolution No. 22-89
Resolution setting a public hearing on April 19, 2022 on project
manual and estimate of cost for the construction of the North
Westminster Storm Sewer Improvements Project, directing City
Clerk to publish notice of said hearing, and directing the City
Engineer to place said project manual on file for public
inspection.
Whereas, funds for this project are available in the North Westminster Storm Sewer Upgrades
account #M3633.
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 19th day of April, 2022, at 6:00 p.m. in the
Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next
meeting of the City Council thereafter as posted by the City Clerk.
2. The City Clerk is hereby authorized and directed to publish notice of the public hearing for
the above-named project in a newspaper published at least once weekly and having a
general circulation in the City, not less than four (4) nor more than twenty (20) days before
said hearing.
3. A copy of the project manual and estimate of cost for the construction of the above-named
project is hereby ordered placed on file by the City Engineer in the office of the City Clerk
for public inspection.
Passed and approved this 5th day of April , 2022
It was moved by Taylor
adopted, and upon roll call there were:
Ayes:
x
x
x
x
x
x
x
Approved by
City Attornefi's Office
(Sara Greenwood Hektoen - 03/30/22)
and seconded by Weiner
Nays: Absent:
Alter
Bergus
Harmsen
Taylor
Teague
Thomas
Weiner
the Resolution be
Item Number: 7.c.
46,, CITY OF IOWA CITY
� COUNCIL ACTION REPORT
April 5, 2022
Resolution setting a public hearing for April 19, 2022 on an ordinance
amending Title 3, entitled "Finance, Taxation and Fees," Chapter 4, entitled
"Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties," Article 5,
entitled, "Solid Waste Disposal," of the City Code to increase or change solid
waste disposal charges and fees.
Prepared By: Jacklyn Fleagle, Budget and Compliance Officer
Reviewed By: Nicole Davies, Finance Director
Geoff Fruin, City Manager
Fiscal Impact: Solid Waste Disposal rate adjustments for FY2023 amounting to an increase
of approximately $570,000 per year in revenues for the Refuse fund.
Recommendations: Staff: Approval
Commission: N/A
Attachments: Notice of Public Hearing
Draft Fees and Rate Ordinance
Resolution Setting Public Hearing
Executive Summary:
The Finance Department requests the City Council set a public hearing for April 19, 2022 to
consider amending Title 3, Chapter 4 of the City Code.
Title 3, Chapter 4 amendments include an increase in residential solid waste collection fees for
yard waste collection by $1.50 per dwelling unit per month, an increase of additional yard waste
carts over 1, per month by $1.50 each, an increase of residential solid waste collection fees for
curbside solid waste disposal by $1.00 per dwelling unit per month, an increase of additional
refuse carts over 1, per month by $1.00 each, and an increase in residential solid waste collection
fees for curbside recycling fees by $.50 per dwelling unit per month in fiscal year 2023.
Background /Analysis:
Title 3, Chapter 4 of the City Code is the `Schedule of Fees, Rates, Charges, Bonds, Fines and
Penalties'
Solid Waste Disposal Rate Adjustments
In the fiscal year 2021, the Refuse Collection fund had an ending unassigned fund balance of
$1,268,644. The revised projected fund balance for fiscal year 2022 is estimated to be
$1,137,691, a 10.3% decrease. The City's curbside program has seen consistent increases in
trash, recycling and organics usage over the past three years, while fuel, equipment, and labor
costs have increased for all three services. Recycling tonnages are up an average of 14% over
the past three fiscal years since the transition to single stream and ongoing outreach efforts.
Organics (food and yard waste) weights have increased an average of 30% over the past three
fiscal years since the addition of food waste to the yard waste program several years ago. Without
the $1.50 per unit per month rate increase for yard waste fees to $3.50 for the first and additional
carts, the $0.50 per dwelling unit per month increase for curbside recycling, and the $1.00 per
dwelling unit per month for the first and additional carts increase for curbside solid waste disposal,
the fund balance would continue to decline.
The Refuse Collection fund is an enterprise or business -type fund that is expected to be self -
funding. The primary solution is to review user rates to ensure that the fund is generating sufficient
revenue to cover both operating and capital expenses. By implementing the solid waste rate
increases mentioned previously in fiscal year 2023, the anticipated declines in the fund's cash
balance is greatly reduced. This solution also provides for a much healthier and sustainable fund
over time versus financing the necessary capital improvements through revenue bonds or other
debt.
The proposed fee increases are expected to generate enough revenue to support the increase in
operational costs and ensures that the Refuse Collection fund remains a self -funding enterprise.
The expected increase in revenues for the Refuse Collection fund is approximately $570,000 a
year.
ATTACHMENTS:
Description
Notice of Public Hearing
Draft Fees and Rate Ordinance
Resolution
Notice o f Public Hearing
Notice is hereby given that a public hearing will
be held at which the Council will consider:
Ordinance amending Title 3, Entitled
"Finances, Taxation and Fees," Chapter 4,
entitled "Schedule of Fees, Rates, Charges,
Bonds, Fines and Penalties," of the City Code
to increase solid waste disposal charges and
fees.
Copies of the proposed ordinance are on file
for public examination in the office of the City
Clerk, City Hall, 410 E. Washington St., Iowa
City, Iowa. Copies are available by telephoning
the City Clerk at 319/356-5043 or emailing
kellie-fruehlinq@iowa-city.orq.
The public hearing will be held at 6:00 p.m. on
April 19, 2022, in the Emma J. Harvat Hall, City
Hall, Iowa City. Persons wishing to make their
views known for Council consideration are
encouraged to participate.
Kellie K. Fruehling, City Clerk
Prepared by: Jacklyn Fleagle, Budget & Compliance Officer, 410 E. Washington Street, Iowa City, IA 52240; 319-
356-5063
Ordinance No.
Ordinance Amending Title 3, Entitled "City Finances, Taxation And Fees," Chapter 4, Entitled "Schedule
Of Fees, Rates, Charges, Bonds, Fines, And Penalties," Section 3-4-5, Entitled "Solid Waste Disposal"
Whereas, pursuant to Chapter 384, Code of Iowa (2013), the City of Iowa City is authorized to establish and
provide for the collection of rates to pay for the City's utility systems, including the City's solid waste disposal
services at the municipal landfill; and
Whereas, the City's financial policies dictate that the Refuse fund shall be self-supporting; and
Whereas, the City's current solid waste disposal rate structure does not provide sufficient revenue to fund the
necessary operations; and
Whereas, the Iowa City Council intends to provide a solid waste disposal rate and fee structure that makes
the City's refuse utilizes self-sustaining; and
Whereas, the Iowa City City Council to increase residential solid waste collection fees for yard waste
collection by $1.50 per dwelling unit, per month, to increase additional yard waste carts over 1, per month by
$1.50 each, to increase curbside household refuse for solid waste disposal by $1.00 per dwelling unit, per
month, to increase the additional refuse carts over 1, per month by $1.00 each, and to increase curbside
recycling by $.50 per dwelling unit, per month on July 1, 2022, to adequately finance the municipal refuse
operational costs;
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I. Amendment. Title 3, entitled "City Finances, Taxation, and Fees," Chapter 4, entitled "Schedule of
Fees, Rates, Charges, Bonds, Fines, and Penalties," Section 3-4-5, entitled "Solid Waste Disposal," of the
Iowa City Code is hereby amended by deleting it in its entirety and replacing it as follows:
3-4-5: Solid Waste Disposal:
Description Of Fee, Charge, Bond, Fine Or Penalty Charge
Yard waste collection fees:
Per dwelling unit, per month $3 50
Low income discount 75 percent of monthly charge
Untreated wood waste Free
Additional yard waste carts over 1, per month $3.50
Collection of large items fees:
5 Appliance collection, per item collected 20.00
r—
Bulky solid waste
Tire collection
Residential solid waste collection fees:
Curbside household refuse:
r—
$12.50 per stop and 1 item; $6.00 per
additional items
$3.75 per tire; $7.50 tire and rim
Ordinance No.
Page 2
Description Of Fee, Charge, Bond, Fine Or Penalty
71— Per dwelling unit, per month
pr—Fow income discount
Charge
$13.00
75 percent of monthly charge
IT'eTsticker for each additional bag beyond each units $ 2.50 each
monthly allotment
p[rAdditional refuse carts over 1, per month $13.00 each
Per 2 rooming units, per month (in addition to the dwelling $15.90
unit fees)
I—Frwaste TVs or monitors $21.50 per item
Curbside recycling:
Per dwelling unit, per month
71—Fow income discount
Iowa City community compost
Wood chip mulch
$6.50
75 percent of monthly charge
$20.00 per ton, $2.00 minimum
No charge
Deposit and delinquency fee combined for City water and/or
sanitary sewer and/or solid waste collection accounts:
Residential owner account, per combined residential service
for City water and/or sanitary sewer and/or solid waste
collection service
Residential tenant account, per combined residential service
for City water and/or sanitary sewer and/or solid waste
collection service
5 percent delinquency charge on current billed portion of the
outstanding amount on combined water and/or sanitary sewer
and/or solid waste account that is not paid within 22 days of
billing date
Delinquency deposit for combined water and/or sanitary sewer
and/or solid waste collection service
Special wastes disposal fees:
$0.00
$120.00
5 percent current billed portion. Can be
waived once every 12 months
An amount equal to an average 2 -month
billing for the delinquent account. Can be
waived if the account holder enrolls in
SurePay
r
Disposal of special wastes (except for asbestos containing 2 times the landfill use fees in this section
material and contaminated soils)
Minimum fee
71—Asbestos containing material (ACM):
2 times the landfill use fee for 1 ton
TNonfriable ACM, from Iowa City premises subject to a
Property Tax and City owned property
r
Nonfriable ACM, from other locations
Friable ACM, from Iowa City premises subject to a
Property Tax and City owned property
$100.00/to n
$105.00/ton
$100.00/cubic yard
Ordinance No.
Page 3
Description Of Fee, Charge, Bond, Fine Or Penalty
Charge
Friable ACM, from other locations 105.00/cubic yard
71-1 Minimum fee for any regulated ACM
$100.00
Contaminated soil:
$50.00/ton
pnMinimum fee for contaminated soil
$150.00
Disposal of large items fees (see also Collection of large items
fees above):
7 Appliance disposal fees:
pr- Commercial per item disposed
Pr- Residential per item disposed
71 Tire disposal fee:
Per pound
$1.00/cubic foot
$12.50 (at landfill scale house)
$0.15
71-1 Subject to minimum fee $3.00
71 Untreated wood waste and yard waste: $24.00/ton
i—F-1 Minimum $2.00
Landfill use fees:
Arriving at the landfill with an unsecured or uncovered load:
First instance in trailing 12 months
Warning
71- Second or subsequent instances in trailing 12 months $50.00
Electronic waste
Solid waste from Iowa City premises subject to a Property Tax
and City owned property:
Pr-rTotal landfill fee per ton (includes State fee per ton)
$3.00 per item; TVs or monitors $15.00 per
item
$45.00
All other solid waste:
pr- Total landfill fee per ton (includes State fee per ton)
$50.00
7 Minimum fee in lieu of tonnage fees (300 pounds or less):
Solid waste from Iowa City premises subject to a Property
Tax and City owned property
71-1 All other solid waste
$7.00
$7.50
Ordinance No.
Page 4
Section II. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance
are hereby repealed.
Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or
unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section,
provision or part thereof not adjudged invalid or unconstitutional.
Section IV. Effective Date. This Ordinance shall be in effect on July 1, 2022.
Passed and approved this day of , 20
Mayor
Attest:
City Clerk
Approved by
City Attorney's Office
Is ei
Prepared by: Jacklyn Fleagle, Budget & Compliance Officer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-
5063
Resolution No. 22-90
Resolution setting a public hearing for April 19, 2022 on an ordinance
amending Title 3, entitled "Finance, Taxation and Fees," Chapter 4, entitled
"Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties," Article 5,
entitled, "Solid Waste Disposal," of the City Code to increase or change solid
waste disposal charges and fees.
Whereas, pursuant to Chapter 384, Code of Iowa (2021), the City of Iowa City provides certain
solid waste disposal services; and
Whereas, it is in the public interest to review certain fees and charges associated with said solid
waste disposal services; and
Whereas, the Iowa City City Council proposes to increase residential solid waste collection fees
for yard waste collection by $1.50 per dwelling unit, per month, to increase additional yard waste
carts over 1, per month by $1.50 each, to increase curbside household refuse for solid waste
disposal by $1.00 per dwelling unit, per month, to increase the additional refuse carts over 1, per
month by $1.00 each, and to increase curbside recycling by $.50 per dwelling unit, per month on
July 1, 2022, and
Whereas, the City Code requires that notice and public hearing on proposed changes in rates for
fees and charges for City utilities be provided to the public, prior to enactment of said rates for
fees and charges.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
1. A public hearing on an ordinance amending Title 3 entitled "Finances, Taxation and Fees,"
Chapter 4 entitled "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties,"
Article 5, entitled, "Solid Waste Disposal," of the City Code to increase solid waste
disposal charges, is to be held on the 19th day of April, 2022, at 6:00 p.m., in the Emma J.
Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting
of the City Council thereafter as posted by the City Clerk.
2. The City Clerk is hereby authorized and directed to publish notice of the public hearing for
the above-named project in a newspaper published at least once weekly and having a
general circulation in the City, not less than four (4) nor more than twenty (20) days before
said hearing.
Passed and approved this 5th
Attest:
day of April
, 2022.
May
Approved
City Attorneyys Office - 03/31/22
Resolution No. 22-90
Page 2
It was moved by Taylor and seconded by Weiner
the Resolution be adopted, and upon roll call there were:
Ayes: Nays: Absent:
X Alter
X Bergus
X Harmsen
X Taylor
X Teague
X Thomas
X Weiner
Item Number: 7.d.
46,, CITY OF IOWA CITY
� COUNCIL ACTION REPORT
April 5, 2022
Resolution setting a public hearing on April 19, 2022 on project manual and
estimate of cost for the construction of the Wetherby Park Sidewalk and
Driveway Project, directing City Clerk to publish notice of said hearing, and
directing the City Engineer to place said project manual on file for public
inspection.
Prepared By: Ethan Yoder, Civil Engineer
Reviewed By: Juli Seydell Johnson, Parks and Recreation Director
Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact: The estimated cost for this project is $93,000. Funds are available in the
Wetherby RR, Shelter & Playground account #R4349
Recommendations: Staff: Approval
Commission: N/A
Attachments: Location Map
Resolution
Executive Summary:
This item begins the bidding process for the Wetherby Park Sidewalk and Driveway Project. This
project generally includes the removal and replacement of existing sidewalk, addition of new
sidewalk, and reconstruction of the parking lot access from Taylor Drive.
Background /Analysis:
Wetherby Park is an existing park located in south Iowa City. The park's current amenities include
a splash pad, playground equipment, a picnic shelter, cooking grills, sports courts, restrooms, a
disc golf course, community garden plots, and a hiking path. The City is looking to improve the
park through the removal and replacement of existing sidewalk, constructing new sidewalk to enter
the park and access the community gardens, and reconstruction of the vehicle access drive from
Taylor Drive.
This project will be funded in part with CDBG funds.
Project Timeline:
Public Hearing and Approve Project Manual — April 19, 2022
Bid Letting — May 10, 2022
Award Date — May 17, 2022
Construction Start — June 2022
Final Completion — Fall 2022
ATTACHMENTS:
Description
Location Map
Resolution
Wetherby Dr
Prepared by: Ethan Yoder, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319)356-5145
Resolution No. 22-91
Resolution setting a public hearing on April 19, 2022 on project
manual and estimate of cost for the construction of the Wetherby
Park Sidewalk and Driveway 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 Wetherby Park Entrance & Parking Lot
account #R4393.
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 19th day of April, 2022 at 6:00 p.m. in the
Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next
meeting of the City Council thereafter as posted by the City Clerk.
2. The City Clerk is hereby authorized and directed to publish notice of the public hearing for
the above-named project in a newspaper published at least once weekly and having a
general circulation in the City, not less than four (4) nor more than twenty (20) days before
said hearing.
3. A copy of the project manual and estimate of cost for the construction of the above-named
project is hereby ordered placed on file by the City Engineer in the office of the City Clerk
for public inspection.
Passed and approved this 5th day of April
Attest: Li,1.,...e
•
City Clerk
It was moved by Taylor
adopted, and upon roll call there were:
Ayes:
x
x
May
Approved by
, 2022
City Attorr y's Office
(Sara Greenwood Hektoen — 03/30/22)
and seconded by
Weiner
Nays: Absent:
Alter
Bergus
Harmsen
Taylor
Teague
Thomas
Weiner
the Resolution be
Item Number: 7.e.
46,, CITY OF IOWA CITY
� COUNCIL ACTION REPORT
April 5, 2022
Resolution setting a public hearing for the May 3, 2022 City Council meeting
regarding the FY2023 Iowa Department of Transportation Consolidated
Transit Funding Application for Iowa City Transit.
Prepared By: Darian L. Nagle-Gamm; Transportation Services Director
Reviewed By: Redmond Jones I I; Deputy City Manager
Fiscal Impact: Permits application for State and Federal transit operating and capital funds
which may require matching funds.
Recommendations: Staff: Approval
Commission: N/A
Attachments: Resolution
Executive Summary:
The consolidated transit funding application is an annual application filed with Iowa Department of
Transportation (DOT) listing capital and operating expenses for which the City seeks funding from
the Iowa DOT and the Federal Transit Administration (FTA). The projects contained in the
application have been programmed by Iowa City Transit for FTA Section 5307, 5310 and/or 5339
funds in FY2023. The projects will be included in the FY2023 Iowa DOT consolidated transit
funding application that the Metropolitan Planning Organization of Johnson County (MPOJC) is
completing and in the FY2022-2025 MPOJC Transportation Improvement Program (TIP). Iowa
City Transit may not seek funding for all of the projects; however, each project needs to be listed
in order to be eligible for funding. The total amount of funds being requested in the funding
application is approximately $20.9 million dollars.
Background /Analysis:
Due to our application for and potential receipt of federal grant funds, we are required to hold a
public hearing so that the public has an opportunity to comment on the funding request. This is an
annual process and we must provide notice prior to the public hearing. The specific allocations for
the funds being applied for are detailed below:
• State Transit Assistance Program: approximately $ 571,098 — These are formula funds
for operations awarded to the Metropolitan Planning Organization (MPO) and then
distributed between Iowa City Transit, Coralville Transit and the University of Iowa —
Cambus.
• Federal operating assistance for transit (5307): approximately $1,900,000 — These are
funds awarded from FTA to provide operational assistance to the transit agency.
• From federal funds for transit in non -urbanized areas and/or for transit serving
primarily elderly persons and persons with disabilities (5310): $ 154,941 — These
funds are awarded to Iowa City and committed to para -transit services that are contracted
through a 28E Agreement with Johnson County.
• State-wide federal capital assistance for transit (5339): $20,901,532 — These funds
include all of the capital projects that Iowa City Transit wishes to see funded. This sum
includes replacement and relocation of the transit facility, electric bus replacements and bus
shelters. A local match of 15% - 20% is commonly required for the award of these funds.
ATTACHMENTS:
Description
Resolution
Prepared by: Frank Waisath, Asst. Transp. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5254
Resolution No. 22-92
Resolution setting a public hearing for the May 3, 2022 City Council
Meeting regarding the FY2023 Iowa Department of Transportation
Consolidated Transit Funding Application for Iowa City Transit.
Whereas, the City of Iowa City, Iowa has undertaken to provide its residents with a public
transportation system; and
Whereas, the Iowa Department of Transportation offers financial assistance to local governmental
units for their public transportation systems: and
Whereas, this is an annual process that Iowa City undertakes, outlining federal funds requested
for operating and capital expenses; and
Whereas, the City of Iowa City wishes to apply for financial assistance as noted below and to
enter into related contract(s) with the Iowa Department of Transportation.
From the State Transit Assistance Program:
3.41% (approximately $571,098) of Formula Funds
From federal operating assistance for transit:
$1,900,000;
From federal funds for transit in non -urbanized areas and/or for transit serving primarily
elderly persons and person with disabilities:
$154,941;
From state-wide federal capital assistance for transit:
$20,901,532;
Whereas, a public hearing is a requirement for the application and receipt of federal funds.
Now, therefore, be it resolved by the city council of the city of Iowa City, Iowa, that:
1. A public hearing is hereby set for 6:00 p.m. on May 3, 2022, to be held at Emma Harvat
Hall, Iowa City City Hall, 410 E Washington Street, Iowa City, or if said meeting is canceled
at the next meeting of the City Council thereafter as posted by the City Clerk, and that the
City Clerk is hereby directed to cause notice of said public hearing to be published as
provided by law.
Resolution No. 22-92
Page 2
Passed and approved this 5"' day of April, 2022.
May
Approved by
City Attorney's Office
(Jennifer Schwickerath — 03/31/22)
It was moved by Taylor and seconded by Weiner the Resolution be
adopted, and upon roll call there were:
AYES:
X
X
x
x
X
X
x
NAYS:
ABSENT:
Alter
Bergus
Harmsen
Taylor
Teague
Thomas
Weiner
Item Number: 11.
46,, CITY OF IOWA CITY
� COUNCIL ACTION REPORT
April 5, 2022
Resolution approving project manual and estimate of cost for the
construction of the Asphalt Resurfacing 2022 Project, establishing amount of
bid security to accompany each bid, directing City Clerk to post notice to
bidders, and fixing time and place for receipt of bids.
Prepared By: Marri VanDyke, Civil Engineer
Reviewed By: Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact: $1,470,000 available in the Annual Pavement Rehabilitation, account #S3824
Recommendations: Staff: Approval
Commission: N/A
Attachments: Resolution
Executive Summary:
This is a recurring maintenance project that concentrates on asphalt resurfacing and chip sealing
of various streets throughout Iowa City. In addition to resurfacing, this project includes storm
sewer intake repairs, repair of curb and gutter as needed, and replacement of curb ramps to meet
current ADA standards.
Background /Analysis:
The Asphalt Resurfacing 2022 Project includes work at the following locations:
Street Milling and 3 -inch Asphalt Overlay
Taylor Drive — Highway 6 to 2107 Taylor Drive
Bancroft Drive — Tracy Lane to 2119 Bancroft Drive
Crosby Lane — Sycamore Street to Bancroft Drive
Rundell Street — Sheridan Avenue to Jackson Avenue
Lower Muscatine Road — Fire Station #3 to Fairmeadows Boulevard
Bloomington Street — Governor Street to Dodge Street
Chip Seal
Taft Avenue — Herbert Hoover Highway to American Legion Road
Sycamore Street — Gilbert Street to Lehman Avenue
Taft Speedway — N Dubuque Street to 305 Taft Speedway
N Dubuque Road — Bristol Drive to North Dodge Street
Soccer Park Road — Napoleon Street to Wastewater Treatment Plant Entrance
Slothower Road — Melrose Avenue to southern terminus
Maier Avenue — Rohret Road to 3951 Maier Avenue
ATTACHMENTS:
Description
Resolution
Prepared by: Macri VanDyke, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319) 356-5044
Resolution No. 22-93
Resolution approving project manual and estimate of cost for the
construction of the Asphalt Resurfacing 2022 Project,
establishing amount of bid security to accompany each bid,
directing City Clerk to post notice to bidders, and fixing time and
place for receipt of bids.
Whereas, notice of public hearing on the project manual and estimate of cost for the above-
named project was published as required by law, and the hearing thereon held; and
Whereas, the City Engineer or designee intends to post notice of the project on the website
owned and maintained by the City of Iowa City; and
Whereas, funds for this project are available in the Annual Pavement Rehabilitation account
#53824.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that:
1. The project manual and estimate of cost for the above-named project are hereby
approved.
2. The amount of bid security to accompany each bid for the construction of the above-
named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer,
City of Iowa City, Iowa.
3. The City Clerk is hereby authorized and directed to post notice as required in Section 26.3,
not less than 13 days and not more than 45 days before the date of the bid letting, which
may be satisfied by timely posting notice on the Construction Update Network, operated
by the Master Builder of Iowa, and the Iowa League of Cities website.
4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa,
at the Office of the City Clerk, at the City Hall, before 3:00 p.m. on the 27th day of April,
2022. At that time, the bids will be opened by the City Engineer or his designee, and
thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said
bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City,
Iowa, at 6:00 p.m. on the 3rd day of May, 2022, or at a special meeting called for that
purpose.
Passed and approved this 5th
Attest:
day of
Ma
Aprit
, 2022.
Approved ay
City Attorne s Office
(Sara Greenwood Hektoen - 03/30/22)
►c
Resolution No. 22-93
Page 2
It was moved by Thomas
and seconded by
Bergus
adopted, and upon roll call there were:
Ayes: Nays: Absent:
X Alter
X Bergus
X Harmsen
x Taylor
X Teague
X Thomas
X Weiner
the Resolution be
Item Number: 12.
46,, CITY OF IOWA CITY
� COUNCIL ACTION REPORT
April 5, 2022
Resolution authorizing conveyance of Auditor's Parcel 2022005 to Charles C.
Wunder and Marcia L. Wunder.
Prepared By: Sara Hektoen, Asst. City Attorney
Reviewed By: Eric Goers, City Attorney
Fiscal Impact: No impact
Recommendations: Staff: Approval
Commission: N/A
Attachments: Resolution
Executive Summary:
Charles and Marcia Wunder, owners of 702 Park Road, requested that the City convey to them by
quit claim deed any interest it has in Auditor's Parcel 2022005 in order to quiet title. A title
objection has been raised about the right-of-way boundary. Staff has determined that the City has
no interest in Auditor's Parcel. This will not change the right-of-way boundary, thus no
consideration is necessary or appropriate for issuance of this deed.
Background /Analysis:
This conveyance is appropriate to clean up title to the Wunder's property. It does not change the
existing right-of-way boundary.
ATTACHMENTS:
Description
Resolution
III
111
11
11
11111111111111111111111111111111111111111111111111111
Doc ID: 031516570007 Type GEN
Kind RESOLUTION
Recorded: 04/14/2022 at 10:47:49 AM
Fee Amt: $37.00 Page 1 of 7 -
Johnson County Iowa
Kim Painter county Recorder CITY OF IOWA CITY
BK6362 PG8 f 5-881
STATE OF IOWA
1 SS
JOHNSON COUNTY
410 East Washington Street
Iowa City, Iowa 52240-1826
{319) 356-5000
(319) 356-5009 FAX
www. icgov.0 rg
1, Kellie K. Fruehling, City Clerk of Iowa City, Iowa, do hereby certify that the attached hereto
is a true and correct copy of:
• Resolution 22-70 which was passed by the City Council of Iowa City, Iowa, at a
regular meeting on the 22nd day of March 2022.
• Proof of Publication for the Notice of Public Hearing which was published in the
Press Citizen on the 28th day of March 2022.
• Resolution 22-94 which was passed by the City Council of Iowa City, Iowa, at a
regular meeting on the 5th day of April 2022.
Dated at Iowa City, Iowa, this 11th day of April 2022.
Kellie K. Fruehling
City Clerk
\res
Prepared by: Sara Greenwood Hektoen, Asst. City Atty.; 410 E. Washington St.; Iowa City, IA 52240; (319) 356-5030
Resolution No. 22-94
Resolution authorizing conveyance of Auditor's Parcel 2022005
to Charles C. Wunder and Marcia L. Wunder
Whereas, Charles C. Wunder and Marcia L. Wunder (collectively "Owners"), owners of 702 Park
Road, have requested that the City convey by quit claim deed any right, title, or interest it has in
Auditor's Parcel 2022005 to them in order to quiet title in their property; and
Whereas, a title objection has been raised about the right-of-way boundary; and
Whereas, Staff has determined that the City has no interest in the property and issuance of the
quit claim deed will further the owners' ability to freely transfer title to the land without any cloud
that may be created by any ambiguous right-of-way boundary that may exist; and
Whereas, on March 15, 2022, the City Council adopted a Resolution declaring its intent to convey
its interest in the parcel, authorizing the publication of public notice of the proposed conveyance,
and setting the date and time for public hearing; and
Whereas, following public hearing on the proposed conveyance, the City Council finds that is in
the public interest to issue a quit claim deed for Auditor's Parcel 2022005, as requested.
Now therefore, be it hereby resolved by the City Council of the City of Iowa City, Iowa that:
1. The Mayor and City Clerk are hereby authorized and directed to execute a Quit Claim
Deed conveying the City's interest, if any, in Auditor's Parcel 2022005, as shown in the
plat records of the Johnson County, Iowa Recorder Book 65, Page 246 to Charles C.
Wunder and Marcia L. Wunder, husband and wife, as joint tenants with full rights of
survivorship and not as tenants in common, without compensation.
r
2. The City Clerk is hereby
authorized
the record
Johnst�n Coudeed
nty and
Re ordersdocuments
at Owner's
to effectuate this conveyance
expense.
Passed and approved this 5th day of spri1
Approved by
City Attorne '. 0 ice
(Sara Greenwood Hektoen 03/30/22)
MAY
ATTEST:
, 2022.
e�-
Resolution No. 22-94
Page 2
It was moved by Alter and seconded by Weiner
the Resolution be adopted, and upon roll call there were:
Ayes: Nays: Absent:
x Alter
XBergus
x Harmsen
x Taylor
X Teague
x Thomas
X Weiner
i 1 1
�'���� COUNCIL ACTION REPORT
Item Number: 13.
CITY OF IOWA CITY
April 5, 2022
Appeal of denial of application for permit to operate a mobile vending cart.
Prepared By:
Reviewed By:
Fiscal Impact:
Recommendations:
Attachments:
Susan Dulek, Ass't. City Attorney
Geoff Fruin, City Manager
Danielle Sitzman, NDS Development Services Coordinator
none
Staff: Denial
Commission: N/A
Administrative Rules
Staff memo
Letter to Mark Paterno with enclosures
Mark Paterno appeal
emails between Mark Paterno and staff
Executive Summary:
The City received 5 applications for mobile vending carts for the 3 -year period beginning May
2022, and only 4 permits are available. The application process is governed both by City Code
and administrative rules. City staff denied 1 of Mark Paterno's 3 applications. Mr. Paterno has
appealed the decision, and the City Code provides appeals are heard by City Council. Attached
are: the administrative rules; a memo from staff with details of the application process, the scoring
rubric, and letter to Mr. Paterno explaining the decision; and Mr. Paterno's appeal.
Background /Analysis:
ATTACHMENTS:
Description
Administrative Rules
Staff memo
Letter to Mark Paterno with enclosures
Mark Paterno appeal
emails between Mark Paterno and staff
ADMINISTRATIVE RULES GOVERNING MOBILE VENDORS
(REV. 1/27/2022)
Section 10-5-9 of the Code of Ordinances of the City of Iowa City provides that the City
Manager may establish administrative rules for mobile vending. Reference to the "City"
in the following administrative rules shall mean the City Manager or his/her appointed
designee. Four (4) permits will be issued for City Plaza for the permit cycle beginning
May 1, 2022.
1. Length of Permit and Approval Criteria
Permit shall be issued for a period of 3 years and shall be valid for 3 years providing the
vendor meets all requirements, operational policies and pays fees in a timely manner.
The permit may be revoked using the criteria found in Section 7 at any time during the 3
year period. At the end of each 3 year period, all current permit holders will be subject to
an open application process. Seniority will not be a criterion for renewal. Criteria for the
selection of vendors shall include but not be limited to the following:
a. Prior satisfactory operation, including problems, if any, occurring during past
operations.
b. The appearance and maintenance of the vending cart. Cart must maintain
same appearance for the entire vending season as that submitted at the time
of application.
c. Consistent and available hours of operation. While there are no required
hours of operation, a mobile vendor who does not have a predictable
presence on City Plaza jeopardizes renewal or faces possible revocation of
his/her permit.
d. For a new applicant who has not previously had a permit for mobile vending,
the City will consider the vendor's past experience, a submitted business plan
or any other information the applicant feels is pertinent to the application.
e. Preference may be provided to brick and mortar food service operations
currently located in Iowa City.
2. Application
The open application period for 2022 - 2025, will begin February 1, 2022 and all
applications must be received by 5:00 PM, March 1, 2022. Applications for Mobile
Vending Permits must be submitted on the form provided by the City that can be
obtained from Neighborhood and Development Services or on the City web site at
icgov.org. Applications received after the March 1st deadline will be kept on file and
may be considered in the event a current vendor elects not operate or has his/her
permit revoked. However, the City may elect to not assign a replacement.
Applicants must contact the Johnson County Health Department prior to submission of
the City application to review health code compliance requirements. The Health
Department is located at 855 S. Dubuque Street, Iowa City. Phone is 319-356-6040.
3. Requirements
The City Manager or designee may issue a permit if the following conditions have met:
a. A mobile vending location is available which will not interfere with free movement
within the emergency services lane and will not interfere with an existing or new
outdoor service area or sidewalk cafe.
b. The applicant's proposed mode of operation will not impede the free flow of
pedestrian traffic along the public right of way or in or out of adjacent properties.
Any cords/wiring must be securely fastened to the ground and covered by a cord
protector.
c. The applicant agrees to operate the cart only at the assigned mobile vending
location.
d. The dimensions of the applicant's vending cart shall not exceed a size of four (4)
feet wide by nine (9) feet long by eight (8) feet high.
e. The applicant has adequate storage for the mobile vending cart off of the City
Plaza or public right of way.
f. The applicant has obtained all necessary permits required by the Johnson
County Health Department.
g. All applicable fees have been paid.
h. The application is fully completed and executed.
i. The indemnification agreement has been signed.
j. A Certificate of Liability insurance showing the City of Iowa City as "Additional
Insured" has been provided.
k. The application contains no material falsehood or misrepresentation.
I. The applicant has not damaged City property, and, if the applicant has, the
damage has been paid in full and the applicant has paid all other outstanding
debts to the City.
m. The applicant has complied with all applicable laws concerning the sale or
offering for sale any food related items.
n. The use or activity intended by the applicant is not prohibited by law.
o. Mobile vendor may sell any type of food or non-alcoholic beverage.
4. Fees and Charges
Fees for all permits are established by resolution of the City Council and must be paid
promptly and prior to the specified deadlines. No permit holder shall be allowed to
operate until the appropriate fee has been paid to the City.
Mobile vending permit fee is anticipated to increase from $1,500 to $1,575 per year. If
the fee is increased, it will be posted on February 17, 2022. The entire amount must be
paid by May 1 of each year of the permit.
The use of an electrical hook up must be requested on the application and be approved
by the City. The fee is $25.00 per month and must be paid for the whole year — total
cost $300.00 — payable by May 1 of each year of the permit.
All fees must be paid within ten (10) days of the due date or the permit will be revoked.
Any vendor who operates his/her vending business on the City Plaza before all required
fees or charges have been received by the City or who operates while under order from
the City to cease operation for lack of payment or any other valid reason, shall have his
or her permit revoked for the remainder of the current season and will not be considered
for a permit for the following year's vending season or the open application process
which ever is first.
5. Operational Policies
Mobile vending carts may operate seasonally or all year round.
Mobile Vending Carts must be entirely self-contained with no storage of items on the
ground or on benches, planters, or other fixtures. This includes no external ice storage
containers.
Vendors must take proper care to ensure that no grease or other substances are spilled
or allowed to drip on the ground and, if this accidentally occurs, ensure prompt and
complete clean up. The City retains the discretion to conduct clean up of grease or
other substances caused by vending cart and assess the cost of clean up materials and
labor to the vendor.
All carts must be equipped with a 51b multi-purpose fire extinguisher.
Operators of vending carts must privately dispose of all waste paper and other waste
materials. The City owned trash receptacles are for the general public and patrons of
the vending carts. Waste from carts must be disposed of by private means and not in
any publicly -provided waste receptacles.
At no time shall a cart in operational mode be left unattended on City Plaza.
6. Additional Requirements
Specific locations will be designated within the boundaries of City Plaza for the
operation of mobile vending carts. Each mobile vending permit shall carry with it the
authorization to operate from one (1) designated location. The City reserves the right to
change a designated location due to extenuating circumstances such as construction on
City Plaza.
Any deviation during special events must be requested by the vendor and approved in
advance by the City. The City reserves the right to change a designated location or
dictate allowed set up times when special events are occurring on City Plaza. The
vendor may sell in transit if a customer request is made provided the primary trade shall
be conducted at the designated location.
All carts must be removed from their vending locations at the end of each vending day
to a location off of City Plaza and/or city right of way. Provisions for storage must be
described in the permit application.
The applicant will supply to the City a copy of the Johnson County Health Department
permit and said permit shall be displayed at the vending location.
The sale, transfer or assignment of a mobile vending permit is expressly prohibited
except as allowed by a. below. If the permitted vendor is not a natural person (for
example a partnership, LLC or corporation) and there is a substantial change, as
determined by the City, in the stock ownership, membership interest or partnership
distribution, this will be considered a sale, transfer or re -assignment of the permit and
will not be permitted. The permit will be revoked.
a. If death or other diminished capacity requires transfer of ownership, whether
natural person, partnership, LLC or corporation, the permit may be transferred to
new owner with the approval of the City Manager or designee.
No person may have an ownership interest, as determined by the city, in more than
three (3) mobile vending cart operations.
7. Revocation of a Permit
The City Manager or designee, or City Council if issued after an appeal may revoke a
mobile vending permit based on the following criteria:
a. It is determined by the Chief of Police or Fire Chief that, by reason of disaster,
public calamity, riot or other emergency, the public safety requires such
revocation.
b. The vendor has misstated any material fact in the application.
c. There is a substantial and material variance between the information in the
application and the actual facts or those facts which appear reasonably to have
occurred.
d. The vendor is operating a mobile vending cart in violation of the terms of the
permit.
e. The vendor's insurance has been cancelled.
f. The vendor violates any of the previously stated administrative rules and
requirements.
g. The vendor fails to pay any fees in the required time frame.
h. The vendor interferes with the actions or duties of a police officer or any other
city employee.
A vendor may appeal the revocation in the same manner as appealing the issuance or
denial of a permit.
Upon revocation of any vending permit, a pro -rated portion of the permit fee based on
the time of revocation, less 20% of the annual fee will be returned to the vendor. Any
amount owed to the City at the time of revocation shall be withheld in addition to the
above mentioned 20% of the annual fee.
8. Minimum Insurance Requirements
The applicant shall agree to indemnify, defend, and save harmless the City of Iowa City,
its agents, officers, and employees, from and against all claims, damages, losses and
expenses in a manner resulting from, arising out of or connected with, the construction,
use, maintenance, or removal of any structure, cart or use. The applicant shall at all
times, maintain a minimum of $1,000,000 commercial general liability insurance and
provide a certificate of insurance naming the City of Iowa City as an additional
insured. The applicant shall submit to Housing and Inspection Services, prior to
vending, a copy of all the liability insurance policies executed by a company authorized
to do insurance business in the State of Iowa on a form approved by the City Clerk.
Such cancellation or change without written approval shall revoke the permit.
�
__ CITY OF IOWA CITY
4: .....ifilv-,k,A,,
MEMORANDUM
Date: March 31, 2022
To: City Council
From: Danielle Sitzman, Development Services Coordinator
Re: Appeal of Mobile Vending Permit Denial
Introduction
Mark Paterno has appealed the denial of an application for a mobile vending cart (aka, food cart)
in City Plaza. The City received five (5) applications, but only four (4) spots are available. The
City Code allows an applicant to appeal a denial to the City Council.
Code and Administrative Rules
Under Title 10. Public Ways and Property, Chapter 3. Commercial Use of Sidewalks, Section 5.
Use by Mobile Venders, permits for the operation of no more than six (6) mobile vending carts
may be issued for three-year periods. All permits shall be issued for City Plaza except that up to
two (2) permits may be issued for Iowa Avenue. No person may have an ownership interest in
more than three (3) mobile vending cart operations.
Also, under City code, the City Manager is authorized to establish administrative rules not
inconsistent with any ordinance to carry out the provisions of this chapter. The Administrative
Rules (a copy is attached) allow four (4) permits to be issued for the City Plaza for the next three-
year permit cycling beginning May 2022. The Administrative Rules also provide the criteria for
the selection of vendors which include but not be limited to the following:
a. Prior satisfactory operation, including problems, if any, occurring during past
operations.
b. The appearance and maintenance of the vending cart. Cart must maintain same
appearance for the entire vending season as that submitted at the time of application.
c. Consistent and available hours of operation. While there are no required hours of
operation, a mobile vendor who does not have a predictable presence on City Plaza
jeopardizes renewal or faces possible revocation of his/her permit.
d. For a new applicant who has not previously had a permit for mobile vending, the City
will consider the vendor's past experience, a submitted business plan or any other
information the applicant feels is pertinent to the application.
e. Preference may be provided to brick and mortar food service operations currently
located in Iowa City.
The Administrative Rules state that at the end of each three-year period, all current permit holders
are subject to an open application process and seniority is not a criterion for renewal.
In 2019 the City completed a 2 -year Capital Improvement project of $7.9 million to fully renovate
the City Plaza. This included replacement of the brick pavers, enhancement of existing
landscaping, replacement of site furnishings and installation of a permanent stage near the
weather dance fountain. During the renovation 4 locations were identified for future mobile
vending cart operations.
March 30, 2022
Page 2
Selection Process
Recently staff received and reviewed five (5) applications for mobile vending carts. The applicants
and their scoring results are listed below, and the scoring rubric is attached.
Marco's Grilled Cheese 10
Luna's Taqueria of IC 10
Papa's Best Dogs & More 9
George's Best Gyros 7
Paco's Tacos 7
Appellant's Applications and Staff's Decision
Mark Paterno on behalf of J & P Ventures LC submitted three (3) applications. They included
Marco's Grilled Cheese, George's Best Gyros, and Paco's Tacos. The application for Marco's
received a score of 10 and was approved. The applications for Paco's and George's both
received the lowest score of 7. Because both Paco's and George's scored 7, staff informed Mr.
Paterno he could choose which of the two carts will be issued the permit.
Attached is my letter to Mr. Paterno dated March 23, 2022 that approves/denies the applications,
explains the decisions, and provides the scoring rubric.
Note that the applications for Luna's Taqueria of IC and Papa's Best Dogs & More were also
approved.
Appellant's Appeal
Attached is Mr. Paterno's appeal along with email exchanges between City staff and Mr. Paterno
that occurred prior to the decision. In his appeal, Mr. Paterno references seniority. Prior to 2013,
the City issued permits annually and seniority was taken into consideration recognizing the upfront
costs associated with starting a food cart basis. The City received feedback that seniority should
not be considered, and Council amended the Code to provide that permits subsequently would
be issued for three-year term to address the initial investment. This application process marks
the third, 3 -year permitting cycle. It also should be noted that the review criteria favor brick and
mortar operations in Iowa City, and Mr. Paterno's application for Marco's did receive points in the
scoring rubric due to his business by the same name on N. Linn Street.
2012 Appeal
In 2012 Council considered a similar appeal. The City received 8 applications for 6 slots. The
applicant whose cart came in 7th place appealed. Council affirmed staff's decision on a 5-1 vote
with 1 Councilor absent. One of the arguments made by the unsuccessful applicant both before
Council and subsequently in a lawsuit was that having seniority as a consideration was not fair to
start-ups. The Court ruled in favor of the City, but as stated earlier, Council did amend the Code
to provide for 3 -year permits and seniority was no longer a consideration.
2013 Appeal
In 2013 9 applications were submitted for 6 available 3 -year permits. Staff approved 6 and denied
3, and one of the unsuccessful applicants appealed. Council affirmed the denial by a 7-0 vote.
March 30, 2022
Page 3
Attachments:
Administrative Rules
March 23, 2022 letter to Mark Paterno (with enclosures of 3 applications and scoring rubric)
Email from Mark Paterno dated March 30, 2022 (the appeal)
Email exchanges between staff and Mark Paterno
March 23, 2022
Mark Paterno
2 Brickwood Knoll NE
Iowa City, IA 52240
Dear Mark:
cca1
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.org
The City received 5 applications for mobile vending permits, which were evaluated based on
certain criteria. The Administrative Rules provide that 4 permits will be issued, and enclosed
please find a copy of the rules.
The Application for Mobile Vending Cart Permit submitted for Marco's received a score of 10
and has been approved. The applications for Paco's and George's both received the lowest score
of 7. Enclosed for your information is copy of the Mobile Food Cart Vendor Scoring Rubric and
the 3 applications you submitted with their respective approvals/denials on page 2.
Because both Paco's and George's scored 7, you can choose which of the two carts will be
issued the permit. As provided in the Administrative Rules, an application not issued a permit
will be kept on file and may be may be considered in the event a current vendor elects not
operate or has their permit revoked. However, the City may also elect to not assign a
replacement.
As stated on the application forms right below your signatures, the decision to deny one of your
applications can be appealed:
Any party aggrieved by the City Manager's or designee's decision to grant or deny a
permit under this Chapter may appeal the determination to the City Council if, within five
(5) working days after the decision, the party files a written notice of appeal with the City
Clerk. In such event, a hearing shall be held by the City Council no later than the next
regularly scheduled meeting, assuming the appeal is filed in time to allow notice of said
appeal in accordance with Chapter 21 of the Iowa Code.
If you do appeal, the hearing will be heard at the April 5, 2022 Council meeting. I know that you
had sent an email to the City Clerk dated March 17, 2022 regarding an appeal. This was in
response to my email to you giving you a "heads up" on my decision rather than the decision
itself which is dated today and is enclosed. (I sent similar emails to the other applicants as well.).
With that said, you may simply email the City Clerk and state that you appeal the decision to
deny the application of Paco's or George's for the reasons set forth in your March 17th email. Of
course, you may submit additional information as well based on the information I am now
providing regarding how the applications were evaluated.
There are a few remaining items you will need to complete before the City issues the permit for
Marco's and either Paco's or George's to operate.
1) Notify me whether you wish the City to issue the permit to Paco's or George's
2) Indicate your intended days and hours of operation
3) The dimensions of your cart (you can add those to the photos of your carts)
4) A copy of your Johnson County Health Department permit
5) Payment of the annual fee of $1,875.
You can either drop off or email me these items or upload them via our online Customer Self
Service portal. I will email you the link. I started permit applications there for you, using the
J&P Ventures LC contact associated with the email address markpaterno@urbanacres.com. The
permit numbers are TEM22-0007-George's, TEM22-0008 Marco's, TEM22-0009 Paco's. They
should be visible in your dashboard when to sign in.
Sincerely,
Danielle Sitzman
Development Services Coordinator
Enc.
Application for a
2022-2025 Mobile Vending Cart Permit
(Title 10, Chapter 5 - Code of Iowa City)
S
Cart Name: 6e907:5 ro5
Application Received
Proof of Insurance Received
Application for Mobile Vending Cart Permit
If the applicant is not a natural person (for example, a partnership, an LLC, or a corporation), please
complete the addendum.
1. Applicant's Name:
2. Address:
3. Email Address:
4. Phone Number:
AFP
sT
APT#
STREET k//
i7,Q.,074z�,r�0CITY [ai. riac`-� 5 C'a77
3 5&2- 74/V7
tale ZIP CODE
5. Have you held a mobile vending permit before? Yes K -Na I I
Number of years 207 6/()
! D
Yes)l No
6. If yes, name of cart a' 5 (7-9e?" 5/ frc;•Ctf
Was cart operated in 2021 for the full season (May 1 - October 1)?
If no, reason why not:
7. Requested location(s) of operation:.'Ge -e — Fro n .t
brer5
8. If I am selling food or drinks, I acknowledge that I have contacted the Johnson County Department of Health
and have reviewed and will comply with the applicable health code requirements.
9. Electrical appliances(s) to be used: (including portable radio and lights, if applicable). 110 volts available -
20 -amp circuits.
wedir /,,aft! 14/4, f -(F ?cif/77R, ,," /-2 %1S
10. Will fuel be used to power equipment? (,Pv.e)
Yes No
11. Are you using a charcoal grill? Yes No
12. If any, months of operation in addition to the minimum: (Minimum is May 1 to October 1)
A2 'Wa/7 4f - ids — DeC
13. Location of overnight cart storage: /76 5 , ie:en - ,7 _1dra� [. 6-1.?o?5e)
14. Description of Cart: Attach a photo of your cart as it appears today, or a color drawing of the proposed cart.
Also, please provide dimensions of cart (length, width, height of counter, height of entire cart including any
awnings or umbrellas) in addition to materials to be used. Dimensions of the vending cart shall not exceed a
size of four feet wide by nine feet long by eight feet high (4' x 9' x 8'). Details of proposed signage must also
be submitted. All carts must be equipped with a 5# multi-purpose fire extinguisher.
15. Indemnification Agreement
The applicant agrees to:
Pay on behalf of the City all sums which the City shall be obligated to pay by reason of any liability imposed
upon the City for damages of any kind resulting from use of public property and the public right of way,
whether sustained by any person or persons, caused by accident or otherwise and shall defend at its own
expense and on behalf of the City any claim against the City arising out of the use of public property and
the public right of way.
Applicant agrees to provide the certificate of insurance to the City by the last working day prior to the first day
of vending operation.
If the applicant is not an individual, the person signing this application acknowledges that he or she has the
authority to act on behalf of the group that is requesting the permit.
Applicant: Return completed application to:
Wpdata/legal/mobile vending-App2008.doc 1/15/2019
City Manager's Office
City of Iowa City
410 E. Washington Street
Iowa City, Iowa 52240
Signature of Ap licant
023-,202
Date
Appeal Rights
Any party aggrieved by the City Manager's or designee's decision to grant or deny a permit under this Chapter
may appeal the determination to the City Council if, within five (5) working days after the decision, the party files
a written notice of appeal with the City Clerk. In such event, a hearing shall be held by the City Council no later
than the next regularly scheduled meeting, assuming the appeal is filed in time to allow notice of said appeal in
accordance with Chapter 21 of the Iowa Code.
For City Use Only:
Notice of decision granting or denying the application
The aj plication .`s approv
Th1applicayi`on is deni d beca e
3e -e, feiW Akio( 3/2422 e x ;4 Qr1.1e.Ge-e,
3123 122.—•
1,
City ana or
Designee
Date
Wpdata/legal/mobile vending-App2008.doc 1/15/2019
Addendum to Application for Mobile Vending Cart Permit
To be completed only if applicant is not a natural person (for example, a partnership, an LLC, or a
corporation).
1. If the applicant is a partnership, list all partners and the share of partnership distribution.
Name of Partner % share in partnership distribution
Name of Partner % share in partnership distribution
Name of Partner % share in partnership distribution
2. If the applicant is a corporation, list all shareholders and their percentage ownership.
Name of Shareholder % of stock owned
Name of Shareholder % of stock owned
Name of Shareholder % of stock owned
3. If applicant is a limited liability company, list all members and their membership interest.
T(< ?U r
Name of Member Membership interest
Name of Member Membership interest
Name of Member Membership interest
4. If the applicant has had a permit previously, has the information on the Addendum changed, and ifso,
how (e.g., new partner, change in how much stock a shareholder owns)?
QwJf-tai-.r /) , r, c v-e�5� / ,i��''orvc 5-67 ,/ 1L
,,' !, aye-- :z;; (4 C 6 kozo /3 j
"70 /. ,/)/s /;44•41;4-1_ allleep'`'e', J
Wpdata/legal/mobile vending-App2008.doc 1/15/2019
Application for a
2022-2025 Mobile Vending Cart Permit
(Title 10, Chapter 5 - Code of Iowa City)
Cart Name:
e0 / eo
Application Received 0- 2-5
Proof of Insurance Received \KC
Application for Mobile Vending Cart Permit
If the applicant is not a natural person (for example, a partnership, an LLC, or a corporation), please
complete the addendum.
1. Applicant's Name: 44- r A� , 74-y-
L3P /64 /V //f �F 2W ,5
2. Address: C� � �cu� � F a7u�rfc}
STREET APT# CITY late ZIP CODE
3. Email Address: %74 / p�7ttr`r» (G/r ',' rcfeSc07-,7
4. Phone Number: 3 /` •93C ' - 7y(f7
5. Have you held a mobile vending permit before?
rr
6. If yes, name of cart rt' 5, /'ld 7?S / _A C,eS Number of years /6 0
Was cart operated in 2021 for the full season (May 1 — October 1)? Yes
If no, reason why not: 1 �/
7. Requested location(s) of operation: 5-;.., -� — r�6vz 7 G,'S7' ..a),--,i3�'0Tfee5L
1
Yes No fl
M No
8. If I am selling food or drinks, I acknowledge that I have contacted the Johnson County Department of Health
and have reviewed and will comply with the applicable health code requirements.
9. Electrical appliances(s) to be used: (including portable radio and lights, if applicable). 110 volts available —
20 -amp circuits.
Wed-er „p eaf-P , ,Pc!/9773 b3-1-2/5
10. Will fuel be used to power equipment? l f 7"Pa-e Yes No W--
11. Are you using a charcoal grill? Yes No
12. If any, months of operation in addition to the minimum: (Minimum is May 1 to October 1)
fwe,7 ~ LV e.
13. Location of overnight cart storage: //6" fh#' /?5 /)/ -27;7 L2 (% S 7V6'
14. Description of Cart: Attach a photo of your cart as it appears today, or a color drawing of the proposed cart.
Also, please provide dimensions of cart (length, width, height of counter, height of entire cart including any
awnings or umbrellas) in addition to materials to be used. Dimensions of the vending cart shall not exceed a
size of four feet wide by nine feet long by eight feet high (4' x 9' x 8'). Details of proposed signage must also
be submitted. All carts must be equipped with a 5# multi-purpose fire extinguisher.
15. Indemnification Agreement
The applicant agrees to:
Pay on behalf of the City all sums which the City shall be obligated to pay by reason of any liability imposed
upon the City for damages of any kind resulting from use of public property and the public right of way,
whether sustained by any person or persons, caused by accident or otherwise and shall defend at its own
expense and on behalf of the City any claim against the City arising out of the use of public property and
the public right of way.
Applicant agrees to provide the certificate of insurance to the City by the last working day prior to the first day
of vending operation.
If the applicant is not an individual, the person signing this application acknowledges that he or she has the
authority to act on behalf of the group that is requesting the permit.
Applicant: Return completed application to:
Wpdata/legal/mobile vending-App200B.doc 1/15/2019
City Manager's Office
City of Iowa City
410 E. Washington Street
Iowa City, Iowa 52240
Sign.ture o App [cant Date
Appeal Rights
Any party aggrieved by the City Manager's or designee's decision to grant or deny a permit under this Chapter
may appeal the determination to the City Council if, within five (5) working days after the decision, the party files
a written notice of appeal with the City Clerk. In such event, a hearing shall be held by the City Council no later
than the next regularly scheduled meeting, assuming the appeal is filed in time to allow notice of said appeal in
accordance with Chapter 21 of the Iowa Code.
For City Use Only:
Notice of decision granting or denying the application
The application iO approve
The a4 plicatiorj is deniedecause
z ee f ((i -V d ek J[�3 (Zz
e4v16;ndseel
Hager or Designee
Date
-iii)vfaank.1 Lt--(51-21A^4.-"\--
Wpdata/legal/mobile vending-App2008.doc
1/15/2019
Addendum to Application for Mobile Vending Cart Permit
To be completed only if applicant is not a natural person (for example, a partnership, an LLC, or a
corporation).
1. If the applicant is a partnership, list all partners and the share of partnership distribution.
Name of Partner % share in partnership distribution
Name of Partner % share in partnership distribution
Name of Partner % share in partnership distribution
2. If the applicant is a corporation, list all shareholders and their percentage ownership.
Name of Shareholder % of stock owned
Name of Shareholder % of stock owned
Name of Shareholder % of stock owned
3. If applicant is a limited liability company, list all members and their membership interest.
ia�l�ri< /V"'
/o0
Name of Member Membership interest
Name of Member Membership interest
Name of Member Membership interest
4. If the applicant has had a permit previously, has the information on the Addendum changed, and ifso,
how (e.g., new partner, change in how much stock a shareholder owns)?
es_ �rc9iZ-mss`/
al -l9.
the ee2., 5, : 5 a) 34)
117 e, >/ (7cr7 #15 ce //c'
jn
e -r• e `'C
Wpdata/legal/mobile vending-App2008.doc 1/15/2019
Application for a
2022-2025 Mobile Vending Cart Permit
(Title 10, Chapter 5 - Code of Iowa City)
• Cart Name:
arid') 6,,rd,c/ Mee's<
Application Received 2 .2-b2�
Proof of Insurance Received 1r -s
Application for Mobile Vending Cart Permit
If the applicant is not a natural person (for example, a partnership, an LLC, or a corporation), please
complete the addendum.
1. Applicant's Name:
2. Address:
3. Email Address:
4. Phone Number:
Br/al/Zed / /1/J - C,A ?;/ .2a
STREET APT# CITYa ZIP CODE
/%.- rra act. SC 7
3/
5. Have you held a mobile vending permit before? Yes'{'-{ No
6. If yes, name of cart //%'re7S, / 2 �$ ��CaS Number of years `‘9 , /0
Was cart operated in 2021 for the full season (May 1 - October 1)? Yes)1 No,�
If no, reason why not:
7. Requested location(s) of operation: -ZiT7-� )r
eei5'f e,f_ 13r &r
8. If I am selling food or drinks, I acknowledge that I have contacted the Johnson County Department of Health
and have reviewed and will comply with the applicable health code requirements.
9. Electrical appliances(s) to be used: (including portable radio and lights, if applicable). 110 volts available -
20 -amp circuits.
wSir %wf-e r f..Ace f -(F/.77? /f,5' h / S
10. Will fuel be used to power equipment? 67" A-6 ) Yes
11. Are you using a charcoal grill? Yes
12. If any, months of operation in addition to the minimum: (Minimum is May 1 to October 1)
A2 e - Jam
13. Location of overnight cart storage: //' 5/iFI�5 PF" --Lr �� �� 1/4_57:77-95/C)
14. Description of Cart: Attach a photo of your cart as it appears today, or a color drawing of the proposed cart.
Also, please provide dimensions of cart (length, width, height of counter, height of entire cart including any
awnings or umbrellas) in addition to materials to be used. Dimensions of the vending cart shall not exceed a
size of four feet wide by nine feet long by eight feet high (4' x 9' x 8'). Details of proposed signage must also
be submitted. All carts must be equipped with a 5# multi-purpose fire extinguisher.
15. Indemnification Agreement
The applicant agrees to:
Pay on behalf of the City all sums which the City shall be obligated to pay by reason of any liability imposed
upon the City for damages of any kind resulting from use of public property and the public right of way,
whether sustained by any person or persons, caused by accident or otherwise and shall defend at its own
expense and on behalf of the City any claim against the City arising out of the use of public property and
the public right of way.
Applicant agrees to provide the certificate of insurance to the City by the last working day prior to the first day
of vending operation.
If the applicant is not an individual, the person signing this application acknowledges that he or she has the
authority to act on behalf of the group that is requesting the permit.
Applicant: Return completed application to:
W pdata/Iegal/mobile vending-App2008.doc 1/15/2019
City Manager's Office
City of Iowa City
410 E. Washington Street
Iowa City, Iowa 52240
Signature of Applicant Date
Appeal Rights
Any party aggrieved by the City Manager's or designee's decision to grant or deny a permit under this Chapter
may appeal the determination to the City Council if, within five (5) working days after the decision, the party files
a written notice of appeal with the City Clerk. In such event, a hearing shall be held by the City Council no later
than the next regularly scheduled meeting, assuming the appeal is filed in time to allow notice of said appeal in
accordance with Chapter 21 of the Iowa Code.
For City Use Only:
Notice of decision granting or denying the application
The application is approved.
The application is denied because
City ger or esignee Date
G%--.)---
Wpdata/legal/mobile vending-App2008.doc
J/
1/15/2019
Addendum to Application for Mobile Vending Cart Permit
To be completed only if applicant is not a natural person (for example, a partnership, an LLC, or a
corporation).
1. If the applicant is a partnership, list all partners and the share of partnership distribution.
Name of Partner % share in partnership distribution
Name of Partner % share in partnership distribution
Name of Partner % share in partnership distribution
2. If the applicant is a corporation, list all shareholders and their percentage ownership.
Name of Shareholder % of stock owned
Name of Shareholder % of stock owned
Name of Shareholder % of stock owned
3. If applicant is a limited liability company, list all members and their membership interest.
/'',fe/fgv
Name of Member Membership interest
Name of Member Membership interest
Name of Member Membership interest
4. If the applicant has had a permit previously, has the information on the Addendum changed, and ifso,
how (e.g., new partner, change in how much stock a shareholder owns)?
'5. e)i vr56,P I ,i c c..easeof �/-?/frt 50 ‘/,
(e ,6 ep e, wo7t;Pedi (70/72541/41
i/7 aJ'a/
Wpdata/legal/mobile vending-App2008.doc 1/15/2019
ADMINISTRATIVE RULES GOVERNING MOBILE VENDORS
(REV. 1/27/2022)
Section 10-5-9 of the Code of Ordinances of the City of Iowa City provides that the City
Manager may establish administrative rules for mobile vending. Reference to the "City"
in the following administrative rules shall mean the City Manager or his/her appointed
designee. Four (4) permits will be issued for City Plaza for the permit cycle beginning
May 1, 2022.
1. Length of Permit and Approval Criteria
Permit shall be issued for a period of 3 years and shall be valid for 3 years providing the
vendor meets all requirements, operational policies and pays fees in a timely manner.
The permit may be revoked using the criteria found in Section 7 at any time during the 3
year period. At the end of each 3 year period, all current permit holders will be subject to
an open application process. Seniority will not be a criterion for renewal. Criteria for the
selection of vendors shall include but not be limited to the following:
a. Prior satisfactory operation, including problems, if any, occurring during past
operations.
b. The appearance and maintenance of the vending cart. Cart must maintain
same appearance for the entire vending season as that submitted at the time
of application.
c. Consistent and available hours of operation. While there are no required
hours of operation, a mobile vendor who does not have a predictable
presence on City Plaza jeopardizes renewal or faces possible revocation of
his/her permit.
d. For a new applicant who has not previously had a permit for mobile vending,
the City will consider the vendor's past experience, a submitted business plan
or any other information the applicant feels is pertinent to the application.
e. Preference may be provided to brick and mortar food service operations
currently located in Iowa City.
2. Application
The open application period for 2022 - 2025, will begin February 1, 2022 and all
applications must be received by 5:00 PM, March 1, 2022. Applications for Mobile
Vending Permits must be submitted on the form provided by the City that can be
obtained from Neighborhood and Development Services or on the City web site at
icgov.org. Applications received after the March 1st deadline will be kept on file and
may be considered in the event a current vendor elects not operate or has his/her
permit revoked. However, the City may elect to not assign a replacement.
Applicants must contact the Johnson County Health Department prior to submission of
the City application to review health code compliance requirements. The Health
Department is located at 855 S. Dubuque Street, Iowa City. Phone is 319-356-6040.
3. Requirements
The City Manager or designee may issue a permit if the following conditions have met:
a. A mobile vending location is available which will not interfere with free movement
within the emergency services lane and will not interfere with an existing or new
outdoor service area or sidewalk cafe.
b. The applicant's proposed mode of operation will not impede the free flow of
pedestrian traffic along the public right of way or in or out of adjacent properties.
Any cords/wiring must be securely fastened to the ground and covered by a cord
protector.
c. The applicant agrees to operate the cart only at the assigned mobile vending
location.
d. The dimensions of the applicant's vending cart shall not exceed a size of four (4)
feet wide by nine (9) feet long by eight (8) feet high.
e. The applicant has adequate storage for the mobile vending cart off of the City
Plaza or public right of way.
f. The applicant has obtained all necessary permits required by the Johnson
County Health Department.
g. All applicable fees have been paid.
h. The application is fully completed and executed.
i. The indemnification agreement has been signed.
j. A Certificate of Liability insurance showing the City of Iowa City as "Additional
Insured" has been provided.
k. The application contains no material falsehood or misrepresentation.
I. The applicant has not damaged City property, and, if the applicant has, the
damage has been paid in full and the applicant has paid all other outstanding
debts to the City.
m. The applicant has complied with all applicable laws concerning the sale or
offering for sale any food related items.
n. The use or activity intended by the applicant is not prohibited by law.
o. Mobile vendor may sell any type of food or non-alcoholic beverage.
4. Fees and Charges
Fees for all permits are established by resolution of the City Council and must be paid
promptly and prior to the specified deadlines. No permit holder shall be allowed to
operate until the appropriate fee has been paid to the City.
Mobile vending permit fee is anticipated to increase from $1,500 to $1,575 per year. If
the fee is increased, it will be posted on February 17, 2022. The entire amount must be
paid by May 1 of each year of the permit.
The use of an electrical hook up must be requested on the application and be approved
by the City. The fee is $25.00 per month and must be paid for the whole year — total
cost $300.00 — payable by May 1 of each year of the permit.
All fees must be paid within ten (10) days of the due date or the permit will be revoked.
Any vendor who operates his/her vending business on the City Plaza before all required
fees or charges have been received by the City or who operates while under order from
the City to cease operation for lack of payment or any other valid reason, shall have his
or her permit revoked for the remainder of the current season and will not be considered
for a permit for the following year's vending season or the open application process
which ever is first.
5. Operational Policies
Mobile vending carts may operate seasonally or all year round.
Mobile Vending Carts must be entirely self-contained with no storage of items on the
ground or on benches, planters, or other fixtures. This includes no external ice storage
containers.
Vendors must take proper care to ensure that no grease or other substances are spilled
or allowed to drip on the ground and, if this accidentally occurs, ensure prompt and
complete clean up. The City retains the discretion to conduct clean up of grease or
other substances caused by vending cart and assess the cost of clean up materials and
labor to the vendor.
All carts must be equipped with a 5Ib multi-purpose fire extinguisher.
Operators of vending carts must privately dispose of all waste paper and other waste
materials. The City owned trash receptacles are for the general public and patrons of
the vending carts. Waste from carts must be disposed of by private means and not in
any publicly -provided waste receptacles.
At no time shall a cart in operational mode be left unattended on City Plaza.
6. Additional Requirements
Specific locations will be designated within the boundaries of City Plaza for the
operation of mobile vending carts. Each mobile vending permit shall carry with it the
authorization to operate from one (1) designated location. The City reserves the right to
change a designated location due to extenuating circumstances such as construction on
City Plaza.
Any deviation during special events must be requested by the vendor and approved in
advance by the City. The City reserves the right to change a designated location or
dictate allowed set up times when special events are occurring on City Plaza. The
vendor may sell in transit if a customer request is made provided the primary trade shall
be conducted at the designated location.
All carts must be removed from their vending locations at the end of each vending day
to a location off of City Plaza and/or city right of way. Provisions for storage must be
described in the permit application.
The applicant will supply to the City a copy of the Johnson County Health Department
permit and said permit shall be displayed at the vending location.
The sale, transfer or assignment of a mobile vending permit is expressly prohibited
except as allowed by a. below. If the permitted vendor is not a natural person (for
example a partnership, LLC or corporation) and there is a substantial change, as
determined by the City, in the stock ownership, membership interest or partnership
distribution, this will be considered a sale, transfer or re -assignment of the permit and
will not be permitted. The permit will be revoked.
a. If death or other diminished capacity requires transfer of ownership, whether
natural person, partnership, LLC or corporation, the permit may be transferred to
new owner with the approval of the City Manager or designee.
No person may have an ownership interest, as determined by the city, in more than
three (3) mobile vending cart operations.
7. Revocation of a Permit
The City Manager or designee, or City Council if issued after an appeal may revoke a
mobile vending permit based on the following criteria:
a. It is determined by the Chief of Police or Fire Chief that, by reason of disaster,
public calamity, riot or other emergency, the public safety requires such
revocation.
b. The vendor has misstated any material fact in the application.
c. There is a substantial and material variance between the information in the
application and the actual facts or those facts which appear reasonably to have
occurred.
d. The vendor is operating a mobile vending cart in violation of the terms of the
permit.
e. The vendor's insurance has been cancelled.
f. The vendor violates any of the previously stated administrative rules and
requirements.
g. The vendor fails to pay any fees in the required time frame.
h. The vendor interferes with the actions or duties of a police officer or any other
city employee.
A vendor may appeal the revocation in the same manner as appealing the issuance or
denial of a permit.
Upon revocation of any vending permit, a pro -rated portion of the permit fee based on
the time of revocation, less 20% of the annual fee will be returned to the vendor. Any
amount owed to the City at the time of revocation shall be withheld in addition to the
above mentioned 20% of the annual fee.
8. Minimum Insurance Requirements
The applicant shall agree to indemnify, defend, and save harmless the City of Iowa City,
its agents, officers, and employees, from and against all claims, damages, losses and
expenses in a manner resulting from, arising out of or connected with, the construction,
use, maintenance, or removal of any structure, cart or use. The applicant shall at all
times, maintain a minimum of $1,000,000 commercial general liability insurance and
provide a certificate of insurance naming the City of Iowa City as an additional
insured. The applicant shall submit to Housing and Inspection Services, prior to
vending, a copy of all the liability insurance policies executed by a company authorized
to do insurance business in the State of Iowa on a form approved by the City Clerk.
Such cancellation or change without written approval shall revoke the permit.
MOBILE FOOD CART VENDOR SCORING
RUBRIC
1 2 3
Criteria/Points
PREVIOUS PERMIT-HOLDERS ONLY:
Issues occurred during the course
of the vendor's previous permit
and was not resolved in an
adequate or timely manner by the
vendor. Remedial action,
discipline, or revocation of the
permit was required by the City.
Issues occurred during the course of
vendor's previous permit but were
resolved by the vendor in an adequate
and timely manner.
Vendor operated food cart
previously without any known issues.
Problems in past operations
NEW APPLICANTS ONLY: Past
experience and/or business plan
,Appearance/maintenance of vending
cart
Cart meets 1 or fewer of the
following:
- Constructed of durable
materials.
- Appropriate signage.
- Aesthetically-pleasing, clean
appearance.
Cart meets most of the following:
- Constructed of durable materials.
- Appropriate signage.
- Aesthetically-pleasing, clean
appearance.
Cart meets all of the following:
- Constructed of durable materials.
- Appropriate signage.
- Aesthetically-pleasing, clean
appearance.
Consistent and available hours of
operations
Minimum months of operation,
unpredictable presence.
Exceeds minimum months of
operation, predictable presence.
Exceeds minimum months of
operation, predictable presence, and
frequent hours of operation or hours
that supplement other vendors.
Preference Points: carts with brick &
mortar operations
Applicant doees not also operate
brick and mortar food service
operation.
—
Applicant also operates brick and
mortar food service operation.
Other: Start up
Yes
—
—
Other: Food offering provides variety
Yes
_ .
Other: Woman or BIPOC owner
Yes
—
—
MOBILE FOOD CART VENDOR APPLICANT SCORING (2022-2024
Criteria:
Papa's 2.25
Luna's 2.28
George's 2.28
Paco's 2.28
Marco's 2.28
PREVIOUS PERMIT -HOLDERS
ONLY: Problems in past
operations/Satsifactory Past
Operation
NA
NA
Clean up of grease on
brick pavers required to
be performed by City
Clean up of grease on
brick pavers required to
be performed by City
Clean up of grease on
brick pavers required to
be performed by City
0
0
2
2
2
NEW APPLICANTS ONLY: Past
experience and/or business
plan
Experience elsewhere.
Business plan provided.
NA
NA
NA
3
3
0
0
0
Appearance/maintenance of
vending cart
Photo of existing cart
provided. Umbrella over
small stainless cart. No
counter
Photo of similar cart
provided. Cart to be
built by applicant. Vinyl
canopy over stainless 1
sided counter/cart
Photo of existing cart
provided. Vinyl canopy
over three sided
counter/cart
Photo of existing cart
provided. Vinyl canopy
over two sided
counter/cart
Edited genaric image
provided. Vinyl canopy
over two sided
counter/cart
3
3
3
3
3
Consistent and available
hours of operations
Minimum (May 1 -Oct 1)
weather permitting. No
Days/Hours specified
Minimum (May 1 -Oct 1)
plus November weather
permitting. Th, Fri, Sat,
Mon 7:30PM-2:30A
Jan -Dec. No Days/Hours
specified
Jan -Dec. No Days/Hours
specified
Jan -Dec. No Days/Hours
specified
2
2
2
2
2
Preference Points: carts with
brick & mortar operations in
IC
No IC location
No IC location
No IC location
No IC location
Yes
0
0
0
0
3
Other: Start up
1
1
0
0
0
Other: Food offering provides
variety
0
0
0
0
0
Other: Woman or BIPOC
owner
0
1
0
0
0
Total Score:
9
10
7
7
10
Sue Dulek
Subject: FW: Appeal
From: Mark Paterno <markpaterno@urbanacres.com>
Sent: Wednesday, March 30, 2022 3:15 PM
To: Kellie Fruehling <KTuttie@iowa-city org>
Subject: Re: Appeal
Hi Kellie -
Yes, please.
I would like to submit my request for appeal related to my previous email regarding food cart permits in the plaza.
Thank you,
Mark Paterno, REALTOR
Urban Acres Real Estate / 319-936-7447 cell
250 Holiday Rd, Coralville, IA 52241
Licensed to sell real estate in the State of Iowa.
On Mar 30, 2022, at 2:07 PM, Kellie Fruehling <KTuttle@iowa-city.org> wrote:
Hi Mark,
You can respond and send your request for appeal to me for the April 5th City Council meeting.
Thank you
on IOWA CITY
A UNESCO CITY Of LITERATURE
(Kettle rFrueIIny, CMC
City Clerk
office: 319-356-5041
1
410 E Washington St, Iowa City, IA 52240
WWW.ICGOV.ORG
0
Disclaimer
The information contained In this communication from the sender is confidential. It is intended solely for use by the
recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any
disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited
and may be unlawful.
2
Sue Dulek
From: Geoff Fruin
Sent: Friday, March 18, 2022 10:54 AM
To: 'Mark Paterno'; *City Council
Cc: Nancy Bird
Subject: RE: Request for Appeal / Reconsideration: Ped Mall Mobile Food Vendor Licenses 2022
Mark—
Thank you for your email notifying us of your intent to appeal. All applicants will soon be receiving a formal letter
outlining the City's decision. The appeal will be scheduled after that formal letter is issued. For your planning purposes,
we anticipate the City Council will hear your appeal at their regular meeting on April 5, 2022.
Thank you,
Geoff
CITY OF IOWA CITY
UNESCO CITY OF LITERATURE
WWW.I CGO V.ORG
0 00
Geoff Fruin
City Manager
p: 319-356-5013 I cell: 319-333-4823
410 E Washington St
Iowa City, IA 52240
From: Mark Paterno <markpaterno@urbanacres.com>
Sent: Thursday, March 17, 2022 3:37 PM
To: *City Council <CityCouncil@iowa-city.org>; Geoff Fruin <GFruin@iowa-city.org>
Cc: Nancy Bird <nancy@downtowniowacity.com>
Subject: Request for Appeal / Reconsideration: Ped Mall Mobile Food Vendor Licenses 2022
Honorable Iowa City; City Council, Mayor, City Clerk, City Attorney and City Manager -
My name is Mark Paterno. I opened Marco's Grilled Cheese food cart in the Ped Mall on May 5th, 2000, right after
graduating from the University of Iowa in the winter of 1999. I was a Spanish major.
At that time, I had no idea that I would spend the next 22 years as a food cart vendor and dedicate such a major portion
of my professional life to vending in the Iowa City Plaza / Ped Mall. Back in 1999, I mainly just didn't want to apply to
Law School like I had convinced my dad I would do and thought a grilled cheese cart in the Ped Mall was the perfect
solution.
Back then there were five permits allotted for vendors to vend in the ped mall. There was a point system to get
approved for a vending permit back then and previous experience vending in the Ped Mall was one of the primary
categories.
In 2006 (the night of the Iowa City tornado actually) I purchased George's Best Gyros.
George's Gyros has been in the ped mall since 1984 when an immigrant from Greece named George Mihalopolaus first
opened the cart. I was seven years old when George's Gyros first opened.
I actually had a gyro the first time I ever visited Iowa City in 1994 and I'll never forget it. It was the best sandwich I had
ever had at that time in my life.
Prior to purchasing George's Gyros from George, I consulted with the city of Iowa City to make sure it was approved and
embraced. I received full support from the city at that time to purchase George's Best Gyros.
Around this same time in 2006, the city expanded the number of permits up from five total permits to seven total
permits; two of which would be placed on Iowa Ave.
At this time, a young man named Josh Wachendorf opened the taco / walking taco cart. He named it "Nacho Taco."
By 2012, Josh was ready to move on into a different full time career and approached me about buying his business from
him.
Once again, I consulted the City of Iowa City to ensure that it would be accepted, embraced and approved.
Once again, I received City support in purchasing Josh's business in 2012. I renamed it "Paco's Tacos."
I have been vending in the Ped Mall for 22 years.
I've had two permits in the Ped Mall for 16 years.
I've had three permits in the Ped Mall for what would be 10 years, this year.
Unfortunately, this year, for the first time in 22 years, I was informed that I had been denied one of my applications to
vend in the Ped Mall. No particular cart was denied; just that I only received two permits and that two new applicants
had also received permits to vend in the Ped Mall.
The notification I received from Danielle Sitzman on March 11th, 2022 read:
"Hi Mark- I wanted to get back to you ASAP to let you know you've been selected for two of the Mobile Vending Cart
locations in the upcoming season. I know you submitted three cart applications. I'll leave it up to you to decide which
two carts you want to go forward with."
Danielle also kindly provided me with the appeal process at the City Clerk's Office.
The appeal process reads:
Mark,
I apologize, I misspoke early about the appeals process. It appears our code does allow it. Here's the wording:
C. Appeals: Any party aggrieved by the City Manager's or designee's decision to grant or deny a
mobile vending permit may appeal the determination to the City Council if, within five (5) working days
after the decision, the party files a written notice of appeal with the City Clerk. In such event, a hearing
shall be held by the City Council no later than its next regularly scheduled meeting, assuming the
appeal is filed in time to allow notice of said appeal in accordance with chapter 21 of the lowa Code.
Upon such hearing, the City Council may, based upon the standards enumerated herein, reverse,
2
affirm or modify in any regard the City Manager's or designee's decision. The City Council's decision is
the final decision.
I appreciate very much the hard work and assistance that the City Manager's Office has dedicated to me and
the Vending Cart Program in the Ped Mall over the years.
I appreciate the community and City Council's support over the years.
I have tried to navigate the many changes to the rules and program over the years the best I can.
I've tried to be an exemplary participant of the vending cart program.
I've tried to be a friend and mentor to the new carts.
I try not to complain when new changes adversely affect me.
I actually try not to complain at all; about anything.
I do however, wish to appeal my denial of a third vending cart permit in the City Plaza for 2022-2025.
My Request For Consideration to the Iowa City - City Council: Please return to five total food
vendor permits to vend in the Ped Mall / City Plaza.
Reasons why I believe my request should be considered:
• Plenty of Space in the Ped Mall: There is plenty of space in the Ped Mall for five carts. It
worked fine for decades. We used to even get a daytime spot and a nighttime spot.
• More carts is a good thing: I sincerely believe the more successful carts in the Ped Mall, the
better and safer for everyone. More carts create a better scene and ambiance. It creates a
destination where people know they can get some quick food. More carts create a safer
environment for the vendors. (safety in numbers) I never asked to be the only vendor in
the Ped Mall. I want there to be other carts as well. It's a terribly difficult business to survive
in. I ended up with three carts and three permits because I never gave up and kept trying. I
also love the vending cart business. I love being in the Ped Mall. I love what my carts have
brought to downtown over the years.
• Friend to Other Carts: I have never complained about too many cart permits. I have never
advocated to lower the number of permits allowed in the Plaza. I have been a mentor to most
of the other carts in the last 22 years. I have let other carts copy components of my carts
multiple times. I have answered dozens of questions and inquiries. I've consulted people in
the construction of their carts. I've loaned other carts: tools, food, soda, propane tanks, cash
etc multiple times as needed.
3
• Good Partner in the Ped Mall: Over the years, my staff and I have helped those in need;
assisted law enforcement dozens of times in whatever capacity needed, whenever needed;
been another set of eyes and ears in the ped mall; tried to be a good representation and tenant
of Iowa City. I try to be a good Ped Mall tenant. There have been imperfections over the
years, but I have made honest efforts to be the best vendor that I can be. I have appreciated
the City Manager's Office and our working relationship for 22 years. I have done my best.
• Financial Implications for me: Losing one of my carts in the ped mall would have major
repercussions for me. I have had to take out hundreds of thousands of dollars in loans just to
keep everything afloat. I just bought a new taco cart last year after the old one was damaged
on the road. The cost of that new taco cart after the awning and paint job is over $15,000.
• The last 5 years have been very difficult: During the two years of recent Ped Mall
construction, our cart sales dropped by over 50%. It was very difficult to survive
the construction. It almost put me out of business. When the pandemic hit in 2020, we
suddenly found ourselves with no place to sell food. The Ped Mall wasn't an option and our
sales were next to nothing in 2020. I requested to have the vending cart fees waived for 2020
like the sidewalk cafe fees were waived for restaurants in 2020, but my request was denied. I
still obviously paid my vending fees even though I was barely able to be in the plaza in 2020.
There was also a year there filled with relentless Friday and Saturday night storms that
seemed to be present almost the entire year. Those untimely storms also had a
devastating effect on my business. I had to take out an SBA loan for $80,000 just to survive
2020. Unfortunately, during the chaos of those early pandemic days, I missed my window for
both Iowa City and State of Iowa business grants for pandemic relief.
• Giving Back to the Community:
• I have always tried to be a good citizen. I try to give back whenever I can. I am grateful for
the help and opportunities I have been afforded in my life.
• I was your after school Spanish teacher at Lucas. I was also the volunteer parent in the
classroom with the kindergarten teacher at Lucas.
• I have volunteered to do training exercises with ICPD more than once.
• I befriend and give work to the homeless in an attempt to offer some pride and hope to
someone less fortunate.
• I showed up to the BLM protests and gave away free food in an effort to help the cause and
show support.
• Almost every school in Iowa City has had one of my carts at a school function. I waive
minimums or offer discounts when an event is on school grounds.
• I reached out to DVIP before they even had a chance to reach out to me to offer free food
coupons for the people they help . When I owned Marco's Taxi (before Uber and Lyft put us
out of business) I gave DVIP discounted rides to help support the cause.
I rarely deny charitable requests, even when I can barely afford it.
Just in the last two months alone, I have donated or am in the process of donating money or gift
certificates to every organization listed below. Please keep in mind this is only the last two months.
- Mercy Hospital, IC
- Northside Concert Series
- Phi Sigma Pi National Honor Fraternity - Hugh O'Brien Youth Leadership Foundation
4
- Foundation for the Iowa City Community School District - Dine Out for Education
- Alpha Xi Delta at The University of Iowa - Kindly Hearts Campaign -
Longfellow Elementary School
- Alpha Delta Pi - Stead Family Children Hospital
- University of Iowa Visitors Admissions Center Tour Guides - Free
sandwich for all 80
- Alpha Delta Pi - Womens' Heart Health - Red Dress Gala
- lowa City Girls Softball - I have been a volunteer coach or sponsor
for ICGS for over 10 years. I even took over their concessions
program when they couldn't find anyone else for a few years.
• Local Property Taxes: I have heard the argument that food carts don't pay property taxes. I
wholeheartedly disagree. I am a tenant at five different Iowa City commercial properties and
own two Iowa City commercial properties. The two properties I own are both used in some
capacity for the carts and two (almost three) of the properties I rent are used in some capacity
for the carts.
• Good Employer: I am a good employer. I am kind, grateful and respectful to my
employees. I pay my staff better than many other employers. My full time staff is all at or
above $15 / hour. I have many part time workers at or above $15 / hour as well. Some of my
cart workers have been working for me for years. They have grown dependent on their
jobs. Many of them have children. Some of them are immigrants to this country. I am a viable
option for many people that can't find employment at other places.
• Iowa City Citizens Like our Food: The community likes our food in the Ped Mall. They are
glad we're there. I make great efforts to have tasty, affordable and quality food in the plaza. I
take great pride in the food we offer.
• Winter, Spring, Summer, Fall, Storms, Winds, Riots: My carts have been in the Ped Mall in
some capacity every month January - December; for 22 years. We've never taken a full month
off. We've barely ever missed any weekends during that time. We've braved heavy winds,
frigid cold, scorching heat, scary storms, hail, belligerence, riots, gunshots; pretty much
anything you can imagine that might occur. I believe we've earned our place there.
I sincerely appreciate your time and consideration.
I will file my appeal at the City Clerk's Office today.
I apologize for the lengthy email.
I thank you for the last 22 years.
Mark Paterno
319-939-7447
5
Sue Dulek
Sent:
Subject:
Wednesday, March 30, 2022 4:22 PM
FW: Mobile Vending Cart Application -Update
From: Danielle Sitzman
Sent: Friday, March 11, 2022 12:01 PM
To: 'Mark Paterno' <markpaterno@urbanacres.com>
Subject: Mobile Vending Cart Application -Update
Hi Mark,
I wanted to get back to you ASAP to let you know you've been selected for two of the Mobile Vending Cart locations in
the upcoming season. I know you submitted three cart applications. 1,11 leave it up to you to decide which two carts you
want to go forward with. Regardless, there are a few remaining items you'll need to complete before we can finally
issue you a permit to operate.
Each of the two carts needs include the following:
1) Please indicate your intended days and hours of operation
2) The dimensions of your cart (you can add those to the photos of your carts)
3) A copy of your Johnson County Health Department permit
4) Payment of the annual fee of $1,875.
You can either drop off or email me these items or upload them via our online Customer Self Service portal using this
link. I started permit applications there for you, using the J&P Ventures LC contact associated with your email address
markpaterno@urhanacres.com. The permit numbers are TEM22-0007, TEM22-0008, TEM22-0009 and should already
show up in your dashboard.
Please let me know if you have any questions.
E.c1 IOWA CITY
A UNESCO CITY OF LITERATURE
Danielle Sitzman, AICP
Development Services Coordinator
(she/her/hers)
direct: 319-356-5252 office: 319-356-5230
410 E Washington St, Iowa City, IA 52240
1
Late Handouts Distributed
4) LI- 1 -2 -7 ---
(Date)
1 r 1
imegalgrlir
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.org
City Council Agenda — April 5, 2022 — Regular Formal Meeting
Information submitted between distribution of packet on Thursday and 4:OOpm on Monday.
Late Addition(s):
3/31/22 Information Packet
IP. Email from Councilor Harmsen: Film Scene showing of "A Decent Home."
Late Handouts(s):
Regular Agenda
13. Vending Cart Appeal — See correspondence from Mark Paterno.
Kellie Fruehling
From:
Sent:
To:
Cc:
Subject:
Jia
Mark Paterno <markpaterno@urbanacres.com>
Friday, April 1, 2022 4:50 PM
Sue Dulek; Geoff Fruin
Kellie Fruehling; Nancy Bird; *City Council
Re: Appeal
Late Handouts Distributed
Li"
(Date)
Hello Sue & Kellie & Geoff -
I do not want to appear ungrateful for all that the City of Iowa City has given to me over the years.
I wouldn't be where I am today without the City of Iowa City. That fact is never far from my mind.
I am indeed very grateful.
Please withdraw my appeal that I previously submitted.
I thank you very much for approving me for two permits to vend in the city plaza again. I really love having food carts
there.
My apologies for wasting anyone's time.
Thank you,
Mark Paterno, REALTOR
Urban Acres Real Estate / 319-936-7447 cell
250 Holiday Rd, Coralville, IA 52241
Licensed to sell real estate in the State of Iowa.
On Mar 31, 2022, at 4:34 PM, Sue Dulek <SDulek@iowa-city.org> wrote:
Mark:
This is to confirm your appeal is on the April 5 City Council agenda. The meeting begins at 6:00 at the
Senior Center, 28 S. Linn Street. Persons may also participate via zoom. Below a link to the City Council
agenda with more information. Note your appeal is Agenda Item No. 13.
1
https://iowacity.novusasenda.com/AgendaPublic/MeetingView.aspx?MeetineID=1437&MinutesMeetin
g1D=-1&doctype=Agenda
Please let me know if you have any questions.
Sue Dulek
Susan Dulek
Assistant City Attorney
410 East Washington Street
Iowa City, IA 52240
319-356-5030
319-356-5008 Fax
sue-dulek@iowa-city.org
Notice:
Since e-mail messages sent between you and the City Attorney's Office and its employees are transmitted over the Internet, the
City Attorney's Office cannot assure that such messages are secure. You should be careful in transmitting information to the
City Attorney's Office that you consider confidential. If you are uncomfortable with such risks, you may decide not to use e-mail
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It should not be forwarded to anyone else without consultation with the originating attorney. If you received this message and
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copy. Thank you.
From: Mark Paterno <markpaterno@urbanacres.com>
Sent: Wednesday, March 30, 2022 3:15 PM
To: Kellie Fruehling <KTuttle@iowa-city.org>
Subject: Re: Appeal
Hi Kellie -
Yes, please.
I would like to submit my request for appeal related to my previous email regarding food cart permits in
the plaza.
Thank you,
Mark Paterno, REALTOR
Urban Acres Real Estate / 319-936-7447 cell
250 Holiday Rd, Coralville, IA 52241
2
Licensed to sell real estate in the State of Iowa.
On Mar 30, 2022, at 2:07 PM, Kellie Fruehling <KTuttle@iowa-city.org> wrote:
Hi Mark,
You can respond and send your request for appeal to me for the April 5th City
Council meeting.
Thank you
IOWA CITY
A UNESCO CITY OF LITERATURE
%<eIt e rrueMny, CMC
City Clerk
office: 319-356-5041
410 E Washington St, Iowa City, IA 52240
WWW.ICGOV.ORG
0000
Disclaimer
The information contained in this communication from the sender is confidential. It is intended
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3