HomeMy WebLinkAbout2022-05-03 ResolutionItem Number: 6.a.
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CITY OE IOWA CITY
www.iogov.org
May 3, 2022
Motion approving the appointment of Ellie Miglin as the City Council Liaison
and Keaton Zeimet as the Alternate City Council Liaison from the Iowa
Undergraduate Student Government (USG) to the City Council until May 1,
2023.
ATTACHMENTS:
Description
Anna Van Heukelom: USG Appointments
Dear City Council,
The new Undergraduate Student Government administration for the 2022- 2023 academic year
will officially begin on May 1st, 2022. The new executives have been nominated and
confirmed, and it is my honor to inform you that Ellie Miglin and Keaton Zeimet have
been appointed as City Liaison and Deputy City Liaison, respectively.
It has been such an honor serving as the City Liaison for the past year. I thank you all for the
opportunity to learn and grow alongside you while fighting for positive change in our community.
I have full confidence that Ellie and Keaton will do an excellent job continuing the work that Ellie
and I did this past year, cultivating a positive experience for students and community members
in Iowa City.
I wish Ellie and Keaton the best of luck in their roles, I am extremely excited to see what they
accomplish.
Best regards,
Anna Van Heukelom
Item Number: 6.b.
�, CITY OF IOWA CITY
-�"�'�� COUNCIL ACTION REPORT
May 3, 2022
Resolution approving an agreement with Summer of the Arts, Inc. to allow
the sale, consumption, and possession of beer and wine on City streets
during Arts Fest, Jazz Fest, and Soul Fest.
Prepared By: Susan Dulek,Ass't. City Attorney
Reviewed By: Rachel Kilburg, Ass't. City Manager
Fiscal Impact: none
Recommendations: Staff: Approval
Commission: N/A
Attachments: resolution
agreement
Executive Summary:
Summer of the Arts, Inc. would like to be able to sell beer and wine in a demarcated area on S.
Clinton St. street during Arts Fest, Jazz Fest, and Soul Fest. This resolution approves the
agreement, which is substantially similar to previous agreements and includes the exact location
on S. Clinton St. This also allow customers to consume and possess the beer and wine.
Background /Analysis:
ATTACHMENTS:
Description
resolution
agreement
("b
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
Resolution No. 22-108
Resolution approving an agreement with Summer of the Arts,
Inc. to allow the sale, consumption, and possession of beer and
wine on City streets during Arts Fest, Jazz Fest, and Soul Fest.
Whereas, section 4-5-3D of the City Code allows private entities to sell and their customers to
consume and possess alcohol on public right-of-way under limited circumstances; and
Whereas, Summer of the Arts, Inc. would like to be able to sell beer and wine in a demarcated
area on a City street during Arts Fest, Jazz Fest, and Soul Fest; and
Whereas, it is in the City of Iowa City's interest to execute the attached agreement.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
The City Manager is authorized to sign the attached agreement and any needed amendments.
Passed and approved this 3rd day of
OR
Approv y
ATTEST:
CITY LERKV City Attom 's ffice
Ij (Sue Dulek - 04/25/22)
2022.
Resolution No.
Page 2
22-ios
It was moved by Weiner and seconded by Taylor
the Resolution be adopted, and upon roll call there were:
Ayes:
x
x
x
X
x
x
Nays: Absent:
Alter
Bergus
Harmsen
Taylor
Teague
Thomas
Weiner
2022 AGREEMENT
BETWEEN THE CITY OF IOWA CITY AND SUMMER OF THE ARTS, INC.
TO ALLOW THE TEMPORARY AND LIMITED SALE, CONSUMPTION, AND
POSSESSION OF BEER AND WINE ON CITY STREETS DURING IOWA ARTS
FESTIVAL, IOWA CITY JAZZ FESTIVAL, AND SOUL AND BLUES FESTIVAL
This Agreement is made between Summer of the Arts, Inc. ("SOTA") and the City of
Iowa City, a municipal corporation ("City"), in Iowa City, Iowa.
Whereas, SOTA is an "authorized entity" as that term is defined in section 4-5-3D of
the City Code; and
Whereas, SOTA has applied for a license to sell beer and wine during the Iowa Arts
Festival ("Arts Fest"), the Iowa City Jazz Festival ("Jazz Fest"), and the Soul and Blues
Festival ("Soul Fest") in downtown Iowa City; and
Whereas, the parties wish to enter into an agreement to allow SOTA to sell beer
and wine and to allow persons to possess and consume beer and wines under limited
circumstances on downtown City streets.
THE PARTIES THEREFORE AGREE AS FOLLOWS
1. Authorized Site.
a) Arts Fest. In consideration for SOTA's promises herein, the City agrees to
allow SOTA control over the area in the 10 block of S. Clinton Street as shown
on the diagram which is attached, marked Exhibit A, and incorporated herein
("Arts Fest authorized site") during the Term of this agreement.
b) Jazz Fest. In consideration for SOTA's promises herein, the City agrees to
allow SOTA control over the area in the 10 block of S. Clinton Street as shown
on the diagram which is attached, marked Exhibit B, and incorporated herein
("Jazz Fest authorized site") during the Term of this agreement.
c) Soul Fest. In consideration for SOTA's promises herein, the City agrees to
allow SOTA control over the area in the 10 block of S. Clinton Street as shown
on the diagram which is attached, marked Exhibit C, and incorporated herein
("Soul Fest authorized site") during the Term of this agreement
2. Term. This agreement shall commence at 5:00 pm on June 3, 2022 and shall
expire at 4:00 pm on June 5, 2022 for Arts Fest, shall commence again at 11:30
am on July 2, 2022 and shall expire again at 4:00 pm on July 3, 2022 for Jazz
Fest, and shall commence again at 5:00 pm on September 23, 2022 and shall
expire again on September 24, 2022 at 10:30 pm for Soul Fest. More
particularly, alcohol may only be sold and possessed on the Arts Fest authorized
site during the following hours: June 3: 5:00 pm -10:30 pm; June 4: noon — 10:30
pm; June 5: noon -4:00 pm. More particularly, alcohol may only be sold and
possessed on the Jazz Fest authorized site during the following hours: July 2:
11:30 am — 10:30 pm; July 3: noon — 4:00 pm. More particularly, alcohol may
only be sold and possessed on the Soul Fest authorized site during the following
hours: September 23: 5:00 pm - 10:00 pm; September 24: 11:30 am - 10:30
pm.
3. Access. SOTA shall take all reasonable steps to ensure that every person on
the authorized site has a stamp or wrist band for entry or is an employee of, an
independent contractor of, or volunteer for SOTA and shall exclude any person
who is not.
4. License. This agreement is void if SOTA does not have a license to sell beer and
wine on the Arts Fest authorized site at any time during the period of June 3,
2022 through June 5, 2022, on the Jazz Fest authorized site at any time during
the period of July 2, 2022 through July 3, 2022, and on the Soul Fest authorized
site at any time September 23, 2022 through September 24, 2022.
5. Sale of Beer and Alcohol Restrictions. SOTA shall only sell beer and wine to a
person who is over twenty-one (21) years of age. SOTA acknowledges that the
authorized sites are subject to all applicable alcohol restrictions in the City Code
including Section 4-5-8 of the City Code that restricts entry to those over twenty-
one (21) years of age after 10:00 p.m. with limited exception.
6. Advertisement. SOTA shall not, nor shall it allow anyone to, erect or place any
sign or other matter advertising any brand of alcoholic liquor, beer, or wine upon
the authorized site with the exception that signage may be placed on the interior
tent wall. Sponsorship signage unrelated to businesses selling alcohol, beer,
wine, or tobacco will be allowed.
7. Inspection. City staff, including the Iowa City Police Department, may periodically
inspect the authorized sites without any prior notice to determine compliance with
the terms of this agreement.
8. Debris and Trash. SOTA shall be solely responsible for collecting all debris and
trash from the authorized sites, and the City shall then remove the debris and
trash. If SOTA fails to do so and if City staff has to collect the debris and trash
from the authorized sites, SOTA may be responsible for the cost incurred by the
City, including staff time, and shall pay the costs in full within thirty (30) days of
receiving an invoice.
9. No Smoking. Smoking is prohibited in the authorized sites, and SOTA shall post
a no -smoking a sign at the front entrance to the authorized sites and two signs
inside the authorized sites. The signs shall comply with Iowa Code Section
142D.6 (2021). Additionally, the use of electronic cigarettes is prohibited.
Electronic cigarette means vapor product as defined in Section 453A.1 of the
Code of Iowa (2021).
10.Temporary Toilet Facilities. SOTA shall provide at its sole cost the temporary
toilet facilities shown on Exhibits A to C, including two (2) that are handicap
accessible.
11.Occupancy and Exits. The maximum occupancy load of the authorized sites will
be provided by the City prior to the events. SOTA is solely responsible for
maintaining the occupancy limits. SOTA shall post a sign with the maximum
occupancy load inside the authorized site. SOTA shall maintain two (2) exits in
each authorized site and post "exit' signs at both exits, with the location and size
of the signs to be approved by the City Fire Department. Each exit must be a
2
minimum 36 inches in width.
12. Anchoring and Drilling. SOTA shall not drill any holes into the pavement or the
sidewalk and shall not anchor a tent tie down or pole to the pavement or the
sidewalk.
13. Fencing. The authorized site shall be enclosed by fencing as approved by the
City.
14. Fire Lane. SOTA shall maintain a fire lane of twenty feet (20') between the
outside fence and the vendors across the street, unless approved by the Fire
Code Official.
15. Insurance.
a) Premises Insurance. From June 3, 2022 through June 5, 202, from July
2, 2022 through July 3, 2022, and from September 23, 2022 through
September 24, 2022, SOTA shall carry comprehensive general liability
insurance for bodily injury and property damage on the Arts Fest, Jazz
Fest, and Soul Fest authorized sites respectively in the amount of
$1,000,000 (one million dollars) for each occurrence and $2,000,000 (two
million dollars) in the aggregate and shall name the City as an additional
insured. SOTA shall furnish a copy of a certificate of insurance for same,
satisfactory to the City at the time of execution of this agreement. SOTA
shall provide thirty (30) days notice to the City before cancellation of said
insurance, and said cancellation shall automatically terminate this
Agreement.
b) Dram Shop Insurance. From June 3, 2022 through June 5, 202, from
July 2, 2022 through July 3, 2022, and from September 23, 2022 through
September 24, 2022, SOTA shall carry "dram shop" insurance in
compliance with Iowa Code section 123.92 (2019) in the amount of
$1,000,000 (one million dollars). SOTA shall provide thirty (30) days
notice to the City before cancellation of said insurance, and said
cancellation shall automatically terminate this Agreement.
c) Governmental Immunities Endorsement. SOTA shall obtain a
govemmental immunities endorsement that meets the requirements set
forth on Exhibit D, which is attached and incorporated herein.
16. Indemnification. SOTA shall pay on behalf of the City all sums which the City
shall be obligated to pay by reason of any liability imposed upon the City for
damages of any kind resulting from the use of the authorized sight or sale,
consumption, or possession of beer and wine on the authorized site, whether
sustained by any person or person, caused by accident or otherwise and
shall defend at its own expense and on behalf of the City, its officers,
employees and agents any claim against the City, its officers, employees,
and agents arising out of the use of the authorized site or sale, consumption,
or possession of beer and wine on the Arts Fest, Jazz Fest, and Soul Fest
authorized sites.
17. Non -Discrimination. SOTA shall not discriminate against any person in
employment or public accommodation because of race, religion, color, creed,
3
gender identity, sex, national origin, sexual orientation, mental or physical
disability, marital status or age. "Employment" shall include but not be limited
to hiring, accepting, registering, classifying, promoting, or referring to
employment. "Public accommodation" shall include but not be limited to
providing goods, services, facilities, privileges and advantages to the public.
Teation The City may terminate this agreement upon written notice for
rmm
violation of any provision of this agreement.
not assign or sublet this agreement
19. Assignment and Subletting. SOTA shall
without prior written approval of the City.
20. Entire Agreement. This constitutes the whole agreement between the parties,
and may be modified in writing only, duly signed by the parties.
Dated, this y.ti day of A�_ 2022.
SUMMER OF THE ARTS, INC.
By:'Lisa J. Bar: s
THE CITY OF IOWA CITY
B� Fruin, ay Manager
City Attorney's Office
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EXHIBIT D
Governmental Immunities Endorsement
1. Non -waiver of Government Immunity. The insurance carrier expressly agrees and
states that the purchase of this policy and the including of the City of Iowa City, Iowa
as Additional Insured does not waive any of the defenses of governmental immunity
available to the City of Iowa City, Iowa, under Code of Iowa Section 670.4 as it now
exists and as it may be amended from time to time.
2. Claims Coverage. The insurance carrier further agrees that this policy of
insurance shall cover only those claims not subject to the defense of governmental
immunity under the Code of Iowa Section 670.4 as it now exists and as it may be
amended from time to time. Those claims not subject to Code of Iowa Section 670.4
shall be covered by the terms and conditions of this insurance policy.
3. Assertion of Government Immunity. The City of Iowa City, Iowa shall be
responsible for asserting any defense of governmental immunity, and may do so at
any time and shall do so upon the timely written request of the insurance carrier.
Nothing contained in this endorsement shall prevent the carrier from asserting the
defense of governmental immunity on behalf of the City of Iowa City.
4. Non -Denial of Coverage. The insurance carrier shall not deny coverage under this
policy and the insurance carrier shall not deny any of the rights and benefits accruing
to the City of Iowa City, Iowa under this policy for reasons of governmental immunity
unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of
governmental immunity asserted by the City of Iowa City, Iowa.
5. No Other Change in Policy. The insurance carrier, the City of Iowa City, Iowa,
agree that the above preservation of governmental immunities shall not otherwise
change or alter the coverage available under the policy.
Item Number: 6.c.
AL CITY OF IOWA CITY
=�c�-
COUNCIL ACTION REPORT
May 3, 2022
Resolution approving an agreement with Iowa City Downtown District to
allow for the consumption and possession of beer and wine on a portion of
the 200 block of N. Linn Street.
Prepared By: Rachel Kilburg, Asst. City Manager
Reviewed By: Sue Dulek, Asst. City Attorney
Fiscal Impact: None.
Recommendations: Staff: Approval
Commission: n/a
Attachments: Resolution
Executive Summary:
This resolution approves an agreement with the Downtown District that will allow patrons of
adjacent restaurants to possess and consume beer and wine on a portion of the 200 block of N.
Linn St from May 4 to November 3 from 10:00 am to midnight.
Background /Analysis:
The City has closed N. Linn Street to traffic from Market to Bloomington. The area is designated a
public outdoor seating area during the closure from approximately April until approximately
November. The Iowa City Downtown District (ICDD) has applied for an alcohol license for a
portion of the 200 block of N. Linn Street from May 4, 2022 to November 3, 2022, which would
permit the consumption of alcohol within the licensed area. This resolution authorizes an
agreement between the City and the ICDD to allow individuals to consume or possess wine or
beer within the designated area of N. Linn Street. This resolution does not permit establishments
to sell or serve alcohol within the authorized area. Individuals must purchase and be served inside
the adjacent establishments' building or permitted sidewalk cafe. The exact location is shown on
Exhibit A of the agreement.
ATTACHMENTS:
Description
resolution
agreement
�,G
Prepared by: Susan Dulek, First Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
Resolution No. 22—tog
Resolution approving an agreement with Iowa City Downtown
District to allow for the consumption and possession of beer and
wine on a portion of the 200 block of N. Linn Street.
Whereas, section 4-5-3D of the City Code allows nonprofit corporations by agreement to have
control over a portion of the public right-of-way or a park under limited circumstances for the
purpose of possessing, consuming and selling alcohol; and
Whereas, the Iowa City Downtown District would like to be able to have control over a portion of
the 200 block of N. Linn Street from May 4, 2022 to November 3, 2022 in order for patrons of
adjacent establishments to possess and consume beer and wine in a demarcated area; and
Whereas, it is in the City of Iowa City's interest to execute the attached agreement.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
The City Manager is authorized to sign the attached agreement and any needed amendments.
Passed and approved this 3rd day of
Ma r
Approved
Attest: /.
4CiC�Ier City Attorne s ice
(Sue Dulek — 04/27/22)
2022.
Resolution No.
Page 2
22-109
It was moved by Weiner and seconded by Taylor
the Resolution be adopted, and upon roll call there were:
Ayes:
x
x
x
x
x
x
Nays: Absent:
Alter
Bergus
Harmsen
Taylor
Teague
Thomas
Weiner
Drafted by: Susan Dulek, Ass't. City Attorney, 410 E. Washington St., Iowa City, IA 52240;319/356-5030
2022 AGREEMENT
BETWEEN THE CITY OF IOWA CITY AND IOWA CITY DOWNTOWN SELF -
SUPPORTED MUNICIPAL IMPROVEMENT DISTRICT
TO ALLOW THE CONSUMPTION AND POSSESSION OF BEER AND WINE IN THE
200 BLOCK OF N. LINN STREET
This Agreement is made between Iowa City Downtown Self Supported Municipal
Improvement District, d/b/a Iowa City Downtown District ("District") and the City of Iowa
City, a municipal corporation ("City"), in Iowa City, Iowa.
WHEREAS, District is an "authorized entity" as that term is defined in section 4-5-
3D of the City Code;
WHEREAS, District has applied for a beer and wine license for the 200 block of N.
Linn Street from May 4, 2022 to November 3, 2022; and
WHEREAS, the parties wish to enter into an agreement to allow persons to possess
and consume beer and wine under limited circumstances on the 200 block of N. Linn
Street.
THE PARTIES THEREFORE AGREE AS FOLLOWS:
1. Authorized Site. In consideration for District's promises herein, the City agrees
to allow District control over the area in the 200 block of N. Linn St. as shown
on the diagram which is attached, marked Exhibit A, and incorporated herein
("authorized site") during the term of this Agreement. Beer and wine may be
possessed and consumed on the authorized site only from 10:00 am to 11:59
pm. District must allow members of the public unobstructed use and access to
the authorized site at all times.
2. Term. This agreement shall be in effect from May 4, 2022 at 10:00 am to
November 3, 2022 at 11:59 pm.
3. License. This agreement is void if District does not have an alcohol license for
beer and wine.
4. Liquor Prohibited. No liquor may be possessed or consumed on the
authorized site. Only wine, beer, or other beverage permitted with a wine or
beer permit, may be possessed or consumed on the authorized site.
5. Beer/Wine Sale and Service Restrictions. No sales or service of beer or wine
is allowed on the authorized site. District shall ensure that establishments with
alcohol licenses located adjacent to the authorized site do not sell or serve
beer or wine to a person on the authorized site. All beer and wine sales and
service must occur within the building housing said establishment or within the
establishment's sidewalk cafe. District acknowledges that the authorized site
is subject to all applicable alcohol restrictions in the City Code.
6. Delineation. The authorized site shall be delineated by pavement paint at
District cost and as approved by the City.
7. ADA. The District may place chairs and tables on the authorized site, but shall
ensure that there is a clear width of three feet (3') between arrangements of
tables and chairs to allow a wheelchair an accessible route through the
authorized site.
8. Advertisement. District shall not, nor shall it allow anyone to, erect or place
any sign or other matter advertising any brand of alcoholic liquor, beer, or wine
upon the authorized site. Sponsorship signage unrelated to businesses selling
alcohol, beer, wine, or tobacco will be allowed.
9. Cleaning. The parties acknowledge that, pursuant to a separate agreement
entitled "Operating Agreement," the City has agreed to provide regular
sweeping, trash removal and amenity repair in the 200 -block on N. Linn Street,
which includes the authorized site. Should the City services provided pursuant
to said Operating Agreement be insufficient to maintain the authorized site as
determined by the City or should additional cleaning be desired by District
beyond the City's baseline services, District shall be responsible for such
cleaning of the authorized site at its cost.
10. No Smokinq
Smoking is prohibited, and District shall post a no -smoking sign on the north
and south sides of the authorized site. The signs shall comply with Iowa
Code Section 142D.6 (2021). Additionally, the use of electronic cigarettes is
prohibited. Electronic cigarette means vapor product as defined in Section
453A.1 of the Code of Iowa (2021).
11. Anchoring and Drilling. District shall not drill any holes into the pavement.
12. Insurance.
a) Premises Insurance. The District shall carry comprehensive general
liability insurance for bodily injury and property damage on the authorized
site in the amount of $1,000,000 (one million dollars) for each occurrence
and $2,000,000 (two million dollars) in the aggregate and shall name the
City as an additional insured. District shall furnish a copy of a certificate
of insurance for same, satisfactory to the City at the time of execution of
this agreement. District shall notify the City 1 week before cancellation of
said insurance, and said cancellation shall automatically terminate this
Agreement.
b) Dram Shop Insurance. The District shall carry "dram shop" insurance in
compliance with Iowa Code section 123.92 (2021) in the amount of
$1,000,000 (one million dollars). District shall provide 1 week notice to
the City before cancellation of said insurance, and said cancellation shall
automatically terminate this Agreement.
c) Governmental Immunities Endorsement. District shall obtain a
governmental immunities endorsement that meets the requirements set
forth on Exhibit B, which is attached and incorporated herein.
13. Indemnification. District shall pay on behalf of the City all sums which the
City shall be obligated to pay by reason of any liability imposed upon the City
for damages of any kind resulting from the use of the authorized sight or sale,
consumption, or possession of beer on the authorized site, whether sustained
by any person or person, caused by accident or otherwise and shall defend
at its own expense and on behalf of the City, its officers, employees and
2
agents any Claim against the City, its Officers, employees, and agents arising
out of the use of the authorized sole or sal consumption. or possession of
beer on the authorized site
14 Non-Dnctiminanon District shall not discnmmate against any person in
employment or public accommodation bemuse of race, religion, color, creed.
gender identity sex, national origin, sexual orientation, mental or physical
d sablrty. mental status or age 'Employment- thea include but not be limited to
hiring. accepting, registering. classifying, pronoUng, or referring to employment
"Public accommodation' Shall include but not be hmded to providing goods,
services, facilities, privileges and advantages to the public.
15 Termination The City may ternryta Vis agreement upon written notice for
violation of any provision of this agreement and for any reason if the City
determines that the authorized silt is needed for a public use
18. 6gignment end,uubletttM Distrid shall not assign or sublet this agreement
wflhout prior written approval of ft City
17. fXkg_Agreemgnj This constitutes the whole agreement between me parties
and may be moddied in writing only duly signed by the parties
y�
Detail, Btis _ _._.. _. ---day otMlaT 2022.
KNIA CITY AND IOWA CITY DOWNTOWN SELF -SUPPORTED
MUNICIPAL IMPROVEMENT DISTRICT
By: Nancy Bkd, Ezeartrve Director
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EXHIBIT B
Governmental Immunities Endorsement
1. Non -waiver of Government Immunity. The insurance carrier expressly agrees and
states that the purchase of this policy and the including of the City of Iowa City, Iowa
as Additional Insured does not waive any of the defenses of governmental immunity
available to the City of Iowa City, Iowa, under Code of Iowa Section 670.4 as it now
exists and as it may be amended from time to time.
2. Claims Coverage. The insurance carrier further agrees that this policy of
insurance shall cover only those claims not subject to the defense of governmental
immunity under the Code of Iowa Section 670.4 as it now exists and as it may be
amended from time to time. Those claims not subject to Code of Iowa Section 670.4
shall be covered by the terms and conditions of this insurance policy.
3. Assertion of Government Immunity. The City of Iowa City, Iowa shall be
responsible for asserting any defense of governmental immunity, and may do so at
any time and shall do so upon the timely written request of the insurance carrier.
Nothing contained in this endorsement shall prevent the carrier from asserting the
defense of governmental immunity on behalf of the City of Iowa City.
4. Non -Denial of Coverage. The insurance carrier shall not deny coverage under this
policy and the insurance carrier shall not deny any of the rights and benefits accruing
to the City of Iowa City, Iowa under this policy for reasons of governmental immunity
unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of
governmental immunity asserted by the City of Iowa City, Iowa.
5. No Other Change in Policy. The insurance carrier, the City of Iowa City, Iowa,
agree that the above preservation of governmental immunities shall not otherwise
change or alter the coverage available under the policy.
Item Number: 6.d.
AL CITY OF IOWA CITY
=�c�-
COUNCIL ACTION REPORT
May 3, 2022
Resolution approving a Commercial Energy Efficiency Improvement grant
agreement by and between Lasansky Corporation and the City of Iowa City.
Prepared By: Wendy Ford, Economic Development Coordinator
Reviewed By: Geoff Fruin, City Manager
Fiscal Impact: The $26,750 grant will be funded by internal loan to be repaid from City -
University Project 1 tax increment.
Recommendations: Staff: Approval
Attachments: Resolution
Grant Agreement
Executive Summary:
The Lasansky Corporation has applied for a grant to install three high efficiency furnaces and nine
high efficiency double hung windows. The total project cost is $53,500 and the 50% matching
grant request is $26,750. This project will be funded by the TI F increment in the City -University
Project 1 urban renewal area.
Background /Analysis:
The Lasansky family is passionate about their stewardship of the building that Mauricio and Emilia
Lasansky called their home and his studio for 30 years at 216 E. Washington St. The latest round
of improvements have included a new roof, energy efficient air conditioning, restoring original
hardwood flooring and much tuckpointing and brick maintenance. The next steps in the restoration
— the one for which they are applying to the grant program — is to replace three old 66% efficient
furnaces with three new 96% energy efficient furnaces and 9 new energy efficient double hung
windows. They project annual energy savings of more than $2,500 per year.
On August 6, 2019, the City Council declared a climate crisis for the City and accelerated the
City's goals for carbon emission reduction to reach net -zero emissions by the year 2050. As a
result of this declaration, the City Council accepted an action plan in their effort to accomplish this
goal.
On October 6, 2020, City Council passed Amendment #16 to the City -University Project 1
(Downtown) Urban Renewal Area creating energy efficiency incentives for business located within
the urban renewal area (resolution 20-239). The goal of the program is to provide incentives to
commercial users to improve energy efficiency, reduce carbon emissions required to power
buildings, and to help the City achieve its community -wide emission reduction goals.
The City -University Project 1 Urban Renewal Area was established in 1969 to breathe new life
into the downtown area. Since then, the taxable valuation of the area has increased by more than
$600 million creating a tax increment of more than $16 million each year.
Tax increment comes from taxes paid by property owners in this area and is the source for the
matching funds on qualified commercial energy efficiency improvements.
ATTACHMENTS:
Description
Resolution
Agreement
Prepared by: Wendy Ford, Economic Development Coordinator, 410 E. Washington St., Iowa City, IA
52240 (319) 356-5248
Resolution number. 22-110
Resolution approving a Commercial Energy Efficiency Improvement
grant agreement by and between Lasansky Corporation and the
City of Iowa City.
Whereas, the City of Iowa City has adopted an urban renewal plan that contemplates
the use of tax increment financing to assist commercial users located in the urban
renewal area in efforts to reduce their carbon emissions; and
Whereas, said plan is described in Amendment No. 16 to the City -University Project 1
Urban Renewal Plan, passed and approved by the City Council of the City of Iowa
City, Iowa, pursuant to Resolution 20-239, on October 6, 2020; and
Whereas, Lasansky Corporation, a commercial user within the Urban Renewal Area,
has applied for this assistance to fund improvements to its building that are anticipated
to reduce its carbon emissions.
Now, therefore, be it resolved, by the City Council of the City of Iowa City, Iowa:
1. The attached Energy Efficiency TIF Grant Agreement with Lasansky
Corporation is hereby approved; and
2. The Mayor is authorized to sign, and the City Clerk to attest, said Agreement;
and
3. The City Manager is authorized to manage and enforce the terms of said
Agreement.
Passed and approved this 3rd day of May 2022.
Kb�or
Attest:
City Jerk
Approved:
City Attor — /22
-1-
Resolution No.
Page 2
22-110
It was moved by Weiner and seconded by Taylor
the Resolution be adopted, and upon roll call there were:
Nays:
Nays: Absent:
Alter
Bergus
Harmsen
Taylor
Teague
Thomas
Weiner
Prepared try: Wendy Ford, Econ. Dov, Coordinator, 410 E. Washington St., Iowa City, IA 52240; 319356-5248
Energy Efficiency TIF Grant Agreement
This Grant Agreement is hereby made by and between Lasansky Corporation.
(Borrower) whose address is 216 East Washington Street, Iowa City, Iowa 52240, and the City
of Iowa City, Iowa, a municipal corporation whose address is 410 East Washington Street, Iowa
City, Iowa ("City").
Whereas, the City of Iowa City has adopted an urban renewal plan that contemplates the use of
tax increment financing to assist commercial users located in the urban renewal area in efforts
to reduce their carbon emissions; and
Whereas, said plan is described in Amendment No. 16 to the City -University Project 1 Urban
Renewal Plan, passed and approved by the City Council of the City of Iowa City, Iowa, pursuant
to Resolution 20-239, on October 6, 2020, and
Whereas. Borrower, a commercial user within the Urban Renewal Area, has applied for this
assistance to fund improvements to its facilities that are anticipated to reduce its carbon
emissions;
Now, therefore, for the consideration described herein, the parties agree as follows:
1. Project: Borrower intends to replace three old furnaces with three new high efficiency
furnaces and replacement of 9 windows by October 30, 2022.
2. Legal description: The East 20 feet of Lot 3 in Block 66 of Original Town in Iowa City,
Iowa, according to the recorded plat thereof.
3. Economic Development Grant: In the event Borrower timely completes the Project
described above and provides the City with evidence of invoices paid to contractors for
Construction Costs in amounts that are equal to or exceed $53,500, then the City shall grant
Borrower $26,750, subject to the terms and conditions of this agreement. In no event shall
the Ciiy's contribution toward this project exceed 50% of the total project cost ("Principal
Amount"). Should the project cost be less than the projected $53,500, the City's contribution
will be limited to 50% of the actual Construction Costs. Construction Costs are defined as
the cost for the equipment and installation of the equipment as detailed in the attached
quote.
4. Source of Grant Funds Limited: Funds for this Economic Development Grant shall come
from the City -University Project 1 Urban Renewal Tax Increment Fund.
5. Maintenance, Operation and Reporting: Borrower agrees to construct, maintain, and
operate the Project in excellent working condition in a manner consistent with the energy
efficiencies described above for a period of three years. Borrower must submit to the City
three (3) annual reports detailing the monthly energy usage and energy costs incurred for
the above-described property compared to the monthly energy usage and energy costs
incurred in the year before the Project was constructed. This comparison is material to the
City's determination of whether the Project is being maintained and operated in accordance
with this agreement. These reports shall be due annually on October 30.
6. Repayment Term: Borrower shall not be obligated to make payments toward the Principal
Amount so long as Borrower satisfies the obligations described in Paragraphs 1 and 4
above.
7. Interest: No interest shall accrue on the Principal Amount during the term of this loan.
8. Release: The City shall forgive this Matching Grant on or about October 30. 2025, upon a
determination made in its sole discretion that Borrower has satisfied the terms of this
Agreement and issue a release to be recorded in the Johnson County Recorders office at
Borrower's expense.
9. Default and Remedy: If Borrower does not timely complete, maintain and operate the
improvements as required herein, for three years from the completion of the Project. the
Principal Amount shall be immediately due and payable 60 days after the City mails written
notice to Borrower to cure the default at the address listed above and Borrower's failure to
cure said default. The City reserves the right to pursue any other remedy available to it at
law or equity to collect the amount then due.
10. Representations and Warranties: Borrower represents and warrants:
(a) It is a company duly organized and validly existing under the laws of the State of
Iowa and registered to do business in the State of Iowa and have all requisite power and
authority to develop and construct the Project, to carry on their businesses as now conducted
and as presently proposed to be conducted, and to enter into and perform its obligations under
this Agreement;
(b) This Agreement has been duly and validly authorized, executed and delivered by
the Borrower and, assuming due authorization, execution and delivery by the City, is in full force
and effect and is a valid and legally binding instrument of Borrower enforceable in accordance
with its terms, except as the same may be limited by bankruptcy, insolvency. reorganization or
other laws relating to or affecting creditors' rights generally;
(c) Neither Borrower nor any person or entity with an ownership interest of more
than 25% of Borrower have been adjudicated guilty or liable in any judicial or administrative
proceeding of committing a repeated or willful violation of the Iowa Wage Payment Collection
law, the Iowa Minimum Wage Act, the Federal Fair Labor Standards Act or any comparable
state statute or local ordinance, which governs the payment of wages in the last 5 years.
10. Contractor Labor Law Compliance: Borrower acknowledges that the City of Iowa City will
not contract with nor provide any economic development incentives to any person or entity who
has participated in wage theft by violation of the Iowa Wage Payment Collection law, the Iowa
Minimum Wage Act. the Federal Fair Labor Standards Act (FLSA) or any comparable state
statute or local ordinance, which governs the payment of wages. Misclassification of employees
as independent contractors is a violation of the FLSA and is included in the definition of wage
theft. Borrower agrees that It will require, in any construction contract for the Project the
following written provisions, proof of which must be provided to City prior to the start of
construction:
a) Agreement by the General Contractor to comply with all state, federal and local
laws and reguiations, including, but not limited to the requirements of Iowa Code Chapter 91C
(Contractor Registration with the Iowa Division of Labor), Iowa Code Chapter 91A (Iowa Wage
Payment Collection Law), Iowa Code Chapter 91D (Minimum Wage), the Federal Fair Labor
Standards Act, and the Internal Revenue Code;
b) Agreement by the General Contractor to provide to the Borrower and the City no
later than the filing of an application for issuance of a building permit, the names and addresses
of each subcontractor and the dollar value of the work the subcontractor is expected to perform:
C) Demonstration by the General Contractor that it has the capacity to meet all
performance, and labor and material payment, bonding requirements relative to the Project.
d) Providing to the City a certificate by the General Contractor's insurer that it has in
force all insurance coverage required with respect to construction of the Project, including
$1,000,000 Commercial General Liability Insurance and Worker's Compensation Insurance as
required by Chapter 85, Code of Iowa.
e) Demonstration by the General Contractor that it has required all subcontractors to
agree, in writing, that the subcontractor will comply with all state. federal and local laws and
administrative rules and regulations, including, but not limited to the requirements of Iowa Code
Chapter 91C (Contractor Registration with the Iowa Division of Labor), Iowa Code Chapter 91A
(Iowa Wage Payment Collection Law), Iowa Code Chapter 91D (Minimum Wage), the Federal
Fair Labor Standards Act, and the Internal Revenue Code.
11. Indemnification: Borrower releases the City and the goveming body members, officers,
agents, servants and employees thereof (hereinafter, "Indemnified Parties") from, covenant and
agree that the Indemnified Parties shall not be liable for, and agree to indemnify, defend and
hold harmless the Indemnified Parties against, any loss or damage to property or any injury to
or death of any person occurring at or about, or resulting from any defect in, the Project or
Borrower's property described in Paragraph 1 above.
12. Covenant: This Agreement shall constitute a covenant running with the land and shall be
binding upon and inure to the benefit of the parties hereto and their respective successors and
assigns.
Agreed to on this 3rd day of May 2022.
Re
Bower: 7�^�� f ���V1 / V City: �—
By: DieVas nsky J Bruce ague, Mayor
V.Lasansky Corporation
Attest:
Kellie Fruehling, City Clerk V
Approved by:
City Attorney Office
STATE OF IOWA
) SS:
JOHNSON COUNTY
CITY ACKNOWLEDGMENT
1
On this r day of► i_ A 2022, before me, the undersigned, a Notary Public in and
for the State of Iowa, personally appeared as Mayor, and 1 I 1
as City Clerk, of the City of Iowa City, Iowa.
Coi videelm Numberarose
* My MARCH 14,202 Notary Public in and for the State of Iowa
My commission expires:
BORROWER ACKNOWLEDGEMMENT
STATE OF 0-,
)SS
COUNTY OF Sots►.>S4w1
This instrument was acknowledged before me on this% day of 2022, by
' .:) �a�a`� 4 , asVLasansky Corporation.133H.
Notary Public
uu 4, GARY J. SCHMIT
?� f Cornmiaaion NunWer 749248
•' t MY CAMMISSION l7(PII
n�� NOVEMBER 03, 2024
Item Number: 6.e.
�, CITY OF IOWA CITY
-�"�'�� COUNCIL ACTION REPORT
May 3, 2022
Resolution authorizing the procurement of trees and tree planting services
for the City of Iowa City Parks and Recreation Department.
Prepared By: Tyler Baird, Superintendent of Parks & Forestry
Reviewed By: Tyler Baird, Superintendent of Parks & Forestry
Juli Seydell Johnson, Director of Parks & Recreation
Nicole Davies, Finance Director
Geoff Fruin, City Manager
Fiscal Impact: Funds for this purchase are available in Project Account R4380-2022 -
NonCapital-461030
Recommendations: Staff: Approval
10071710=0111111100 /_1
Attachments: Resolution
Executive Summary:
On February 23, 2022 a Request for Proposal for Tree Purchase and Planting Services for the
City of Iowa City Parks & Recreation Department was posted to the city's bid software, Ion Wave.
Vendors were required to submit all questions and clarifications regarding the Request for
Proposal by March 2, 2022. Each vendor was required to submit a proposal no later than 2:30
p.m. on March 9, 2022.
The City received completed proposals from Iowa City Landscaping and Sustainable Landscape
Solutions.
Proposals were reviewed by an Evaluation Committee, which consisted of representatives from
the Parks and Forestry Division.
After a complete evaluation of the submitted proposals, the Evaluation Committee recommended
Sustainable Landscape Solutions be awarded the contract for this tree purchase and tree planting
service.
Background /Analysis:
The Parks and Forestry Division is responsible for determining the type of trees that are needed
on City property, and the locations where they're planted. This is a 1 -year contract with the option
of 4 additional 1 -year terms. Over the first year of this contract, the City expects to expend
approximately $235,000.00. Funds for this purchase are available under Project Account Code
R4380-2022-NonCapital-461030.
ATTACHMENTS:
Description
resolution
Prepared by: Tyler Baird, Superintendent of Parks & Forestry, 410 E. Washington St., Iowa City, IA 52240
(319)356-5100
Resolution No. 22-111
Resolution authorizing the procurement of Trees and Tree Planting
Services for the City of Iowa City Parks and Recreation Department
Whereas, a Request for Proposal was released to solicit the procurement of Trees and Tree
Planting Services for the City of Iowa City Parks and Recreation Department; and
Whereas, two proposals were received for these services; and
Whereas, the evaluation committee has selected Sustainable Landscape Solutions; and
Whereas, the City's purchasing policy requires City Council to approve purchases for commodities
and services over $150,000; and
Whereas, the contract is for 1 -year with the option of 4 additional 1 -year terms, and the City expects
to expend approximately $235,000.00 during the first year of this contract for the procurement of
Trees and Tree Planting Services for the City of Iowa City Parks and Recreation Department; and
Whereas, funds for this purchase are available in the Project Account: R4380; and
Whereas, approval of this purchase 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 is approved.
2. The City Manager is authorized to sign the agreement with the vendor and take whatever steps
are necessary to effectuate future purchases including any amendments or renewals of said
agreement.
Passed and approved this 3rd day of May
202_.
KzA_�,e..` 1
Ma Jr
(; Approved by/
Attest: — ' L' G
Ci y Clerk City Attorn 's Office
(Sue Dulek – 04/21/22)
Resolution 22-111
Page 2
It was move by Weiner
and seconded by Taylor the Resolution be
adopted, and upon roll call there were:
Ayes: Nays:
x
x
Absent:
Alter
Bergus
Harmsen
Taylor
Teague
Thomas
Weiner
Item Number: 6.f.
1 CITY OF IOWA CITY
in � at
COUNCIL ACTION REPORT
May 3, 2022
Resolution accepting the work for the sanitary sewer relocation at 1907
Keokuk Street, and declaring public improvements open for public access
and use.
Prepared By: Josh Slattery, Sr. Civil Engineer
Reviewed By: Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact: None
Recommendations: Staff: Approval
Commission: N/A
Attachments: Engineer's Report
Resolution
Executive Summary:
The construction of the sanitary sewer relocation at 1907 Keokuk Street has been completed in
substantial accordance with the plans and specifications on file with the Engineering Division of
the City of Iowa City. This sanitary sewer relocation was completed as part of the redevelopment
of the site for a new Kwik Star store.
Background /Analysis:
The Kwik Stare store at 1907 Keokuk Street was built over the location of existing public sanitary
sewer. New public sanitary sewer was rerouted to go around the store and the existing sanitary
sewer was removed after the rerouted sanitary sewer was completed.
ATTACHMENTS:
Description
Engineer's Report
Resolution
r
%p-
�"
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 - 1826
(319) 356 - 5000
ENGINEER'S REPORT (319) 356 - 5009 FAX
www.icgov.org
April 21, 2022
Honorable Mayor and City Council
Iowa City, Iowa
Re: Sanitary Sewer Relocation at 1907 Keokuk Street
Dear Honorable Mayor and Councilpersons:
I hereby certify that the construction of the sanitary sewer relocation at 1907
Keokuk Street, as a part of the site redevelopment for a Kwik Star store, has
been completed in substantial accordance with the plans and specifications on
file with the Engineering Division of the City of Iowa City. The required
maintenance bond is on file in the City Clerk's Office for the sanitary sewer
improvements constructed by Baker Enterprises, Inc. of Waverly, Iowa.
I recommend that the above -referenced improvements be accepted by the City of
Iowa City.
Sincerely,
Jason Havel, P.E.
City Engineer
Prepared by: Josh Slattery, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149
Resolution No. ??_1 19
Resolution accepting the work for the sanitary sewer relocation
at 1907 Keokuk Street, and declaring public improvements open
for public access and use.
Whereas, the Engineering Division has certified that the following improvements have been
completed in accordance with the plans and specifications approved by the Engineering Division.
Sanitary sewer relocation at 1907 Keokuk Street as constructed by Baker Enterprises, Inc.
of Waverly, Iowa.
Whereas, the maintenance bonds have been filed in the City Clerk's office; and
Whereas, the City of Iowa City has notified those contractors listed previously of the date on which
it will consider acceptance of the aforementioned public improvements; and
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said
improvements are hereby accepted by the City of Iowa City, Iowa and that all dedications and
public improvements previously set aside as not being open for public access are hereby formally
accepted and declared open for public access and use.
Passed and approved this 3rd day of May 2022
May,6r)
Approve y
Attest:
City Clerk City Attorney' Office
(Liz Craig — 04/26/22)
It was moved by wptnpr and seconded by Taylnr the Resolution be
adopted, and upon roll call there were:
Ayes:
Nays:
Absent:
Alter
Bergus
Harmsen
Taylor
Teague
Thomas
Weiner
LS
Item Number: 6.g.
1 CITY OF IOWA CITY
in � at
COUNCIL ACTION REPORT
May 3, 2022
Resolution awarding contract and authorizing the Mayor to sign and the City
Clerk to attest a contract for construction of the Asphalt Resurfacing 2022
Project.
Prepared By: Marri VanDyke, Civil Engineer
Reviewed By: Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact: $1,482,925.50 available in the Annual Pavement Rehabilitation account
#S3284
Recommendations: Staff: Approval
Commission: N/A
Attachments: Resolution
Executive Summary:
The Asphalt Resurfacing 2022 Project includes asphalt resurfacing and chip sealing on various
streets throughout Iowa City, as well as storm intake repairs, curb and gutter repairs, and
replacement of sidewalk curb ramps. The Project Manual was approved at the April 5, 2022
Council Meeting, and the engineer's estimated cost for construction was $1,470,000.
One (1) bid was submitted prior to the April 27th, 2022 deadline:
Bidder Name City Bid
L.L. Pelling Company North Liberty, IA $1,482,925.50
L.L Pelling Company, of North Liberty, Iowa submitted the lowest responsive, responsible bid of
$1,482,925.50. Staff recommends awarding the Contract for the Asphalt Resurfacing 2022 Project to
L.L Pelling.
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 — Fairmeadows Boulevard to the fire station
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 — Bristol Street to North Dodge Street
Soccer Park Road — Napoleon Street to Iowa City Treatment Plant Road
Maier Avenue — Rohret Road to 3951 Maier Avenue
Project Timeline:
Award Contract — May 3, 2022
Construction — May to November 2022
ATTACHMENTS:
Description
Resolution
Prepared by: Marri VanDyke, Engineering Division, 410 E Washington St., Iowa City, IA 52240 (319)356-5044
Resolution No. 72-11
Resolution awarding contract and authorizing the Mayor to sign
and the City Clerk to attest a contract for construction of the
Asphalt Resurfacing 2022 Project.
Whereas, L.L. Pelling Company, Inc., of North Liberty, Iowa, has submitted the lowest responsible
bid of $1,482,925.50 for construction of the above-named project; and
Whereas, funds for this project are available in the Annual Pavement Rehabilitation account
#S3824; 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 L.L.
Pelling Company, Inc., subject to the condition that awardee secure adequate
performance and payment bond, insurance certificates, and contract compliance program
statements.
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 3rd day of
Attest :
It was moved by Weiner
adopted, and upon roll call there were:
Ayes:
x
x
x
x
x
x
X
•
City Attorne, s Office
(Sara Greenwood Hektoen — 04/28/22)
and seconded by Tayl or
Nays: Absent:
Alter
Bergus
Harmsen
Taylor
Teague
Thomas
Weiner
the Resolution be
Item Number: 6.h.
AL CITY OF IOWA CITY
=�c�-
COUNCIL ACTION REPORT
May 3, 2022
Resolution amending Resolution Nos. 22-53 and 22-54 to correct scrivener's
errors.
Prepared By:
Susan Dulek, FirstAss't. City Attorney
Reviewed By:
Kellie Fruehling, City Clerk
Redmond Jones, Deputy City Manager
Fiscal Impact:
none
Recommendations: Staff: Approval
Commission: N/A
Attachments:
resolution
Executive Summary:
Resolution Nos. 22-53 and 22-54 assessed two properties for the costs of snow and weed
removal. The dates when payment may be made to the City Clerk and interest accrues are not
correct, and this amends those two resolutions to correct the typographical errors.
Background /Analysis:
ATTACHMENTS:
Description
resolution
�,,h
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240-319-356-5030
RESOLUTION NO. 22-114
Resolution amending Resolution Nos. 22-53 and 22-54 to correct
scrivener's errors.
Whereas, Resolution Nos. 22-53 and 22-54 assessed costs to remove snow and weeds from
314 Church Street and 1050 Woodlawn Avenue respectively;
Whereas, the dates when payment may be made to the City Clerk and interest accrues are not
correct; and
Whereas, the resolutions should be amended to correct the scrivener's errors.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa:
Resolution Nos. 22-53 and 22-54 are amended as follows:
All unpaid assessments not paid within thirty (30) days after the first publication of the
final assessment schedule shall bear interest at the rate of 9% per annum, commencing
on April 14, 2022.
Assessments are payable at Johnson Country Treasurer, 13 South Dubuque Street,
Iowa City, Iowa. Until April 13, 2022 payment may be made at the City Clerk, 410 E.
Washington Street, Iowa City, Iowa.
Passed and approved this 3rd day of May , 2022.
a r
Approved by
Attest:r
Ci y Clerk City Attorney's ffice - 04126 222
Resolution No.
Page 2
22-114
It was moved by Weiner and seconded by Taylor
the Resolution be adopted, and upon roll call there were:
Ayes: Nays:
x
X
X
Absent:
Alter
Bergus
Harmsen
Taylor
Teague
Thomas
Weiner
Item Number: 61
AL CITY OF IOWA CITY
=�c�-
COUNCIL ACTION REPORT
May 3, 2022
Resolution authorizing the Mayor to sign and the City Clerk to attest the
FY23 28E Agreement between the City of Iowa City and Johnson County for
the Mobility Coordinator position.
Prepared By: Darian L. Nagle-Gamm; Director of Transportation Services
Reviewed By: Redmond Jones; Deputy City Manager
Fiscal Impact: $38,706 in FY23 which will come from the Transit Operations Aid -to -
Agencies budget.
Recommendations: Staff:
Commission: N/A
Attachments: Resolution
28E Agreement
Executive Summary:
This is a resolution to continue the joint funding agreement with Johnson County Social
Services for the Mobility Coordinator position which provides transportation and mobility referrals,
education, and community outreach in Iowa City and across the metro area.
Background /Analysis:
The Mobility Coordinator's goals are to increase awareness of the public transit system and
improve mobility for the following groups of persons: the elderly, low-income individuals, persons
with disabilities/medical issues, and the mobility -challenged. The Mobility Coordinator helps
residents reach their destinations by providing information on community transportation options,
offering trip planning and trip planning education, and transit system training.
The Mobility Coordinator position is jointly funded by Johnson County (50%), Iowa City (35%),
and Coralville (15%) dividing the total costs of the position including salary, benefits, supplies, and
mileage. Iowa City's total contribution in FY23 is $38,706.
ATTACHMENTS:
Description
Resolution
28E Agreement
Iowa Secretary of State
321 East 12th Street
Des Moines, IA 50319
sos.lowa.gov
Full Legal Name
Party 1 City of Iowa City
Party Johnson County
Participants
410 - Public Transit
Service
28E Agreement
Organization Type County
City Johnson
County Johnson
FILED
Filing Date: 07/14/2022 04:15 PM
Filing Number: M514922
Agreement between the City of Iowa City and Johnson County for the Mobility Coordinator position (Res 22-115)
Purpose
06/30/2023
Duration
22-115.pdf
Upload Scanned Agreement
Contact Person: (Optional)
Kellie
Contact First Name
Fruehling
Contact Last Name
City Clerk
Job Title
City Clerk
Department
kellia-fruehling@iowa-city.org
319-356-5041
Phone Number
Prepared by: Darian Nagle-Gamm; Transportation Services, 335 Iowa Ave., Iowa City, IA 52240 (319) 356-5156
Resolution No. 22-115
Resolution authorizing the Mayor to sign and the City Clerk to attest the FY23
28E Agreement between the City of Iowa City and Johnson County for the
Mobility Coordinator position.
Whereas, Chapter 28E, Code of Iowa, provides, in substance, that any power which may be exercised by
a public agency of this state may be exercised jointly with another public agency having such power; and
Whereas, it is in the mutual interest of the City of Iowa City and Johnson County to encourage the use of
public transit and provide transportation assistance to elderly, low-income, persons with disabilities, and
the mobility challenged; and
Whereas, the Mobility Coordinator assists Iowa City residents in reaching their destinations by providing
information on community transportation options, offering trip planning services and education, and
providing transit system training for the elderly, low-income, persons with disabilities, and the mobility
challenged; and
Whereas, the parties have also negotiated a 28E Agreement for the contracting of paratransit services for
FY23.
Now, Therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that
1. The attached 28E Agreement for Mobility Coordinator services between the City of Iowa City, Iowa,
and Johnson County, Iowa is hereby approved in substance, and the Mayor is hereby authorized
to execute and the City Clerk to attest to a 28E Agreement for the Mobility Coordinator position with
Johnson County that makes no material changes in substance.
2. The City Clerk is directed to file a copy of said agreement with the Secretary of the State of Iowa,
as required by Iowa Code Chapter 28E.
Passed and approved this 3rd day of May, 2022.
Mayor
Approved by
Attest:
Ci y C erk City Attorney' Office
(Jennifer Schwickerath - 04/28/22)
Resolution No. ??_> > s
Page z
It was moved by Weiner and seconded by Taylor
the Resolution be adopted, and upon roll call there were:
Ayes: Nays:
x
x
x
Absent:
Alter
Bergus
Harmsen
Taylor
Teague
Thomas
Weiner
28E Agreement for Mobility Coordinator between the City of
Iowa City and Johnson County for the period of
July 1st, 2022 through June 30, 2023
This Agreement is made and entered into by and between the City of Iowa City, Iowa, hereinafter referred
to as "Iowa City", and Johnson County, Iowa, hereinafter referred to as the "County".
Scope of Services
The County shall provide to Iowa City through Johnson County Social Services, Mobility Coordinator
services. The Mobility Coordinator will provide transportation referrals, education and community
outreach, improving the overall mobility for elderly, disabled and low-income residents.
General Terms
Johnson County, Coralville and Iowa City will jointly fund the Mobility Coordinator position.
Johnson County will pay 50%, Coralville will pay 15% and Iowa City will pay 35% of the total
expenses related to the position including salary, benefits, supplies and mileage. Iowa City's
contribution for the period of this agreement will be equivalent to 35% of the actual expenses as
described herein, however the total amount paid by Iowa City for this position for the duration of
this contract shall not exceed $38,706.
Each party agrees to release, indemnify and hold the other party, its officers and employees
harmless from and against any and all liabilities, damages, business interruptions, delays, losses,
claims, judgments, of any kind whatsoever, including all costs, attorneys' fees, and expenses
incidental thereto, which may be suffered by, or charged to, the other party by reason of any loss
or damage to any property or injury to or death of any person arising out of or by reason of any
breach, violation or non-performance by the party or its servants, employees or agents of any
covenant or condition of this Agreement or by any act or failure to act of those persons. The County
shall not be liable for any loss, injury, damage or delay of any nature whatsoever resulting from the
County's failure to perform if caused by any act of God, fire, flood, accident, strike, labor dispute, riot,
insurrection, war or any other cause beyond the County's control."
Iowa City service provided by the Mobility Coordinator will be documented and provided to Iowa
City upon request. Service is any assistance in regards to questions and/or travel training, and/or
updates of transportation needs and/or accepted assignment of work requested by Iowa City
Transit.
Compensation and Duration
This agreement shall be for a period of twelve (12) months effective July 1, 2022 through June 30, 2023.
This agreement may be modified at any time by mutual written agreement of the parties.
The contracted amount contained herein represents Iowa City's full and complete financial responsibility
toward the Mobility Coordinator position. For the term running from July 1, 2022 through June 30, 2023,
the County shall invoice Iowa City monthly for costs associated with providing the Mobility Coordinator
position under this Agreement. The monthly proportional costs for Iowa City shall be calculated based
Page 1 of 3
on the total cost of the full-time position. The monthly invoice shall show in detail Iowa City monthly
expenses and pay for the Mobility Coordinator. Iowa City shall pay the monthly cost within thirty (30)
days of receipt of the invoice.
If either party chooses to terminate this agreement, a 60 -day written notice must be provided.
Extent of Agreement
No separate legal entity is established by this Agreement.
This Agreement is between public agencies contracting to perform governmental service pursuant
to Iowa Code Section 28E.12.
Pursuant to Iowa Code Section 28E.8(1)(a) (2021) Iowa City shall file this Agreement, in an
electronic format, with the Secretary of State of Iowa in the manner specified by the Secretary of
State.
The County Social Services Director shall administer this Agreement and the services described
in it. The Agreement does not provide for the acquisition of joint personal or real property.
The Agreement represents the entire agreement between Iowa City and Johnson County for the
Mobility Coordinator position. It may be amended only by a written instrument signed by both
parties.
Assignment
This .Agreement isnot assignable without written consent of both parties.
Dated this It, day of �J��t,20 22
CITY OF IOWA CI'T'Y
tCi�=Ierk rAttest: �! �
Approved by:
City Attorney' Office — Scl1 v i akZ r
� {•-253-
COUNTY,
oyce un Porter, Chair
Attest
County ditor
Page 2 of 3
CITY ACKNOWLEDGEMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this ?J rd day of Y- ; 20 D,a, , before me,
•1 r'A-a i'-. I tI Inn . a Notary Public in and for the State of Iowa,
personally appe..ared Brace Teague `and Kellie Fm6hlin'g, to tate personally known, and, vilio,,.being by
me duly sworn, did say. that they aro l.he[ Mayor and City Cle-& resgectivelY; of OV of Iowa City,
Iowa; that Che seat., to the foregoing ipstrunient is the corporate seal of the eorporatipn,:and that the
instrument was. stgned•and sealed oil behalf of the corporation, 4y autho»ty'Of Its CityCouncil, as
contained to (Ordihance).(Re.p.oltition) No. 2.2-1 I S' _ pasddd by the City Cbuneil, on the
day of r�Y�Gt.. Y 2ti — hand that Bruce Teague €(Ptd Kellie Vruehling acknowledged
the execution of the ngt'ruthW to be their valuntary act and.deal acid the voluntaiy actand deed of the
corporation, by it voluntarily executed.
�;
TAMARA NEUMANN Notary Public in and for t tate of Iowa
f commini m Numbx 83905E
zo MY COMMISSION EXPIRES My commission expires: &�I1`F
ron MARCH 14, 2025
COUNTY ACKNOWLEDGEMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this % 1-/i day of ` 20,4�, before me,,AL 1
a atary Public in and for te State of Iowa, personally appeared
Royceann Porter and Travis Weipert, to me personally known, and, who, being by me duly swom, did
say that they are the Chahpeison of the Board of Supervisors and County Auditor, respectively, of the
County of Jolmson, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the
corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority o its
Board of Supervisors, as contained in the Motion adopted by the Board of Supervisors, on the
day of jT 4,40 120 � and Royceann Porter and Travis Weipert acknowledge the
execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the
corporation, by it voluntarily executed.
14otary Public in and for the State of Iowa
My commission expires:
MICHAELH. ENSCH
$ � COMMISSION NUMBER 704707
P lg f 3 M COMMISSION EXPIRES
August 23, 2024
Item Number: 7.a.
�r
1P -
CITY OE IOWA CITY
www.iogov.org
May 3, 2022
Motion setting a public hearing for May 17 to consider an ordinance
amending Title 14, Zoning Code to allow private basic utility uses in P-1
zones, to standardize the public zone section, and to amend basic utility
approval criteria. (REZ22-0002)
/_1AIF_TO:ILTA 121ZIII & I
Description
Memo to P&Z, April 20, 2022
Correspondence - MidAmerican
t
',.® CITY OF IOWA CITY
ips; not
MEMORANDUM
Date: April 20, 2022
To: Planning & Zoning Commission
From: Kirk Lehmann, Associate Planner, Neighborhood & Development Services
Re: Zoning Code Amendment (REZ22-0002) to allow private basic utility uses in the
Neighborhood Public (P-1) zone
Introduction
Over the past several years, needs have changed regarding the provision of infrastructure in Iowa
City, including the services that are considered essential. On one hand, Iowa City is growing, and
suitable locations must be identified for private infrastructure to facilitate this growth, such as
electric substations. On the other hand, new types of infrastructure are expanding in existing
neighborhoods, including broadband service. In both cases, it can be challenging to find suitable
locations due to restrictive zoning requirements for private utilities. To address this issue, staff
developed the proposed amendment to Title 14 Zoning (Attachment 1) to allow private basic utility
uses in Neighborhood Public (P-1) zones. The amendment also helps clarify and standardize the
Chapter on public zones (14-2F) and adjusts the specific approval criteria for basic utility uses
(14-4B-4).
Background
Public zones are typically used to indicate public ownership and use of land. The Neighborhood
Public Zone (P-1) denotes land owned by local governments, including the City, Johnson County,
and Iowa City Community School District. Section 14-2F-2 lists if a use is permitted, allowed
provisionally, or allowed by special exception in public zones. Provisional uses must meet specific
requirements, while uses allowed by special exception must meet both general and specific
approval criteria and be approved by the Board of Adjustment. Some private uses are already
allowed in public zones, including privately -owned communication transmission facilities and
utility -scale ground -mounted solar systems, which are allowed provisionally or by special
exception.
Basic utility uses are public or private infrastructure services that must be near the area the service
is provided. Examples include electric substations, gas regulator stations, telecommunications
switching and relay facilities, water and sewer lift stations, water towers, and reservoirs.
Basic utility uses are currently allowed in most commercial zones (excluding Mixed Use) and
industrial, research, Riverfront Crossings, and T4 Form -Based zones, in addition to non-
residential interim development zones, subject to the following use -specific criteria:
Provisional
o Basic utility uses enclosed in a building that houses another allowed principal use are
permitted if the facility is completely enclosed and there is no visible indication of the
facility from the exterior. Standalone uses require a special exception. In a T4 zone,
uses must be completely enclosed within a building with no other approvals possible.
o Basic utility uses are allowed in ID -I & industrial zones if they are at least 200 feet from
residential zones and are screened from view of public rights-of-way to at least the S3
standard. Basic utility uses closer than 200 feet must apply for a special exception.
April 20, 2022
Page 2
o Water and sanitary sewer pumps or lift stations approved as part of subdivision or site
plan approval are allowed without a special exception.
• Special Exception
o Basic utility uses not meeting the above standards above may get a special exception
from the Board of Adjustment (except in T4 Form -Based zones). Such uses must be
screened from public view and view of adjacent residential zones to at least the S3
standard and must be compatible with surrounding structures/uses based on safety,
size, height, scale, location, and design.
o In ID -RP and ORP zones, the Board may reduce the minimum lot size for a basic utility
use if the facility will be located, screened, and landscaped in a manner that will not
detract from surrounding properties or prevent development of an attractive
entranceway to an existing or future office research park.
Only publicly owned basic utility uses are currently allowed in public zones. However, private
basic utility uses also provide necessary infrastructure services for residents and businesses and
must be close to customers, so staff finds it appropriate to allow such uses in P-1 zones.
Proposed Amendment: Private Basic Utility Uses in Public Zones
The proposed amendment (Attachment 1) would treat private basic utility uses in P-1 zones
similarly to how they are treated in commercial zones. That is, they would be allowed provisionally
if the use is enclosed within a building with no visible indication of the use from the exterior, or if
they are water and sanitary sewer pumps or lift stations approved by the City as part of subdivision
or site plan approval. Otherwise, the utility provider must obtain a special exception from the
Board of Adjustment upon a finding that the following specific approval criteria are met:
1) Proposed use must be screened from public view and from view of any adjacent residential
zones to at least the S3 standard.
2) The use will be compatible with surrounding structures and uses with regard to safety,
size, height, scale, location, and design, especially if located near residential zones.
In addition to the specific approval criteria, the Board must also find that the proposed use meets
the following general approval criteria set forth in 14 -4B -3A:
1) The specific proposed exception will not be detrimental to or endanger the public health,
safety, comfort or general welfare.
2) The specific proposed exception will not be injurious to the use and enjoyment of other
property in the immediate vicinity and will not substantially diminish or impair property
values in the neighborhood.
3) Establishment of the specific proposed exception will not impede the normal and orderly
development and improvement of the surrounding property for uses permitted in the
district in which such property is located.
4) Adequate utilities, access roads, drainage and/or necessary facilities have been or are
being provided.
5) Adequate measures have been or will be taken to provide ingress or egress designed to
minimize traffic congestion on public streets.
6) Except for the specific regulations and standards applicable to the exception being
considered, the specific proposed exception, in all other respects, conforms to the
applicable regulations or standards of the zone in which it is to be located.
7) The proposed exception will be consistent with the Comprehensive Plan of the City, as
amended.
April 20, 2022
Page 3
The Board may include conditions for approval such as additional design elements in highly visible
areas, like masonry or brick facades and walls or fencing, to improve public safety and to soften
the visual impact of the proposed use.
Staff also proposes to amend the provisional use requirement that basic utility uses be in the
same building as another principal use allowed in the zone. This leads to situations where utility
uses within standalone buildings, such as communication hubs, require a special exception
because there is not another allowed use in the building. Staff recommends striking this criterion
and relying on existing zone -specific site development standards. This change will result in
enclosed utilities being reviewed administratively rather than by special exception. Over the past
5 years, only two special exceptions were required for enclosed buildings, both of which were
for ImOn communications hubs. Other proposed changes help to harmonize the public zone
section with other zone sections.
Analysis
Currently, basic utility uses are allowed provisionally or by special exception in most commercial,
industrial, research, Riverfront Crossings, and T4 Form -Based zones, in addition to non-
residential interim development zones. Map 1 shows the location of these zones. Areas shown in
red on the map allow basic utility uses either provisionally or by special exception. Areas shown
in purple on the map allow basic utility uses provisionally. Areas shown in blue on the map are
new areas that would allow private basic utility uses if the proposed amendment is adopted.
Figure 1. Map of Commercial, Industrial, Research, and P-1 Zones
Iowa City Zoning
- Commercial and Research Zones
- Industrial Zones
P-1- - Zones
T, -
"Mm
April 20, 2022
Page 4
Currently, areas zoned to allow basic utility uses are located near downtown, along major
corridors (such as 1-80 and Highways 1, 6, and 218), near railroads, and in defined commercial
nodes (such as Towncrest, the Iowa City Marketplace, Olde Town Village, or Walden Square).
While there is relatively good coverage, gaps exist in residential areas throughout the City. These
are especially notable in developing areas away from existing commercial uses, including to the
south, southwest, and east Iowa City. This becomes an issue when providers need to expand
infrastructure to developing areas or provide new services within existing neighborhoods that are
far from commercial areas. On the other hand, public zones are better dispersed through the City.
Other large communities in Iowa allow private basic utility uses in a wider variety of zones,
including residential zones. These communities often use a broader definition of utilities with
Minor or Major subcategories. Generally, basic utility uses in lower intensity zones are required
to abide by additional standards, including conditional or Board of Adjustment review and/or the
issuance of a franchise agreement or permit. In all communities reviewed, utilities were allowed
in all zones either as a permitted use or following conditional approval. In the case of Davenport,
both public and private utilities are reviewed during site plan but are exempt from zoning if located
within appropriate easements. A summary of how Des Moines, Cedar Rapids, and Davenport
regulates utility uses is available in Attachment 3. Their approaches avoid Iowa City's issue
whereby the provision of basic utilities is restricted in large areas of the City.
Allowing basic utility uses in P-1 zones would open new areas for private basic utility uses
throughout the City, including areas of land to the south, southwest, and east, and in proximity to
other public uses that may be appropriate, such as fire stations, water reservoirs, sewer pump
stations, or other County or City owned properties. Because these uses would be treated similarly
to basic utility uses in commercial areas, staff does not anticipate substantial issues arising from
the proposed amendment. The amendment also prevents areas from being zoned for commercial
or other more intensive land uses near residential areas to provide necessary services to
residents. This prevents future risk should such uses relocate and leave commercial or industrial
zoning that could allow less compatible land uses.
Consistency with Comprehensive Plan
The Comprehensive Plan contains policies for growth and infrastructure that guide development,
including a long-range planning boundary for the City, considerations for annexation, and how
public funds for infrastructure and improvements should be invested. The focus of these policies
is to prioritize development in areas best served by current and planned infrastructure. Doing so
provides the highest levels of service at an efficient cost. The following housing and economic
development strategies reflect these policies:
Identify and support infill development and redevelopment opportunities in areas where
services and infrastructure are already in place.
Concentrate new development in areas contiguous to existing neighborhoods where it is
most cost effective to extend infrastructure and services.
While these strategies do not speak directly to infrastructure provision, they emphasize the
importance of well-planned utilities, without which the City could not continue to thrive. Allowing
basic utility uses in P-1 zones will improve coordination of public and private utilities and provide
greater flexibility in placing private utilities to ensure efficient provision of high-quality services for
both new and existing development.
Staff Recommendation
Staff recommends that the zoning code be amended as illustrated in Attachment 1 to allow basic
utility uses in Neighborhood Public (P-1) zones provisionally or by special exception.
April 20, 2022
Page 5
Attachments
1. Proposed Zoning Code Text Amendments
2. Map of Commercial, Industrial, and Research, and P-1 Zones
3. Basic Utility Use Standards: Des Moines, Cedar Rapids, and Davenport
Approved by: • Sl
Danielle Sitzman, AICP, Development Services Coordinator
Department of Neighborhood and Development Services
Attachment 1
Page 1
Draft Zoning Code Text
Underlined text is suggested new language. Strike -through notation indicates language to be
deleted
Amend 14-2F-1 as follows:
The full names, short names, and map symbols of the established public zones are listed below.
When this title refers to public zones, it is referring to the zones listed below.
A. Purpose: The purpose of the public zones is to provide reference to public ownership and
use of land, or to use of the land for infrastructure services that need to be located in or
near the area where the service is provided. Thee zones serve a netine f„nGtwon to these
nwminn er buying land in proximity to publinly owned la
B. Zone Designations:
1. Neighborhood Public Zone (P-1): Uses such as schools, parks, police and fire stations,
and other civic buildings owned or otherwise controlled by the Ccounty, the Csity, or the Iowa
City CEommunity Sechool Ddistrict, and necessary infrastructure, for such .uses will be
designated as P-1, neighborhood public zone. These uses are subject to certain development
standards in order to create a consonant transition between public and private uses.
2. Institutional Public Zone (P-2): The institutional public zone (P-2) provides reference to
public uses of land owned or otherwise controlled by the state or federal government, or their
subdivisions, such as university campuses, regional medical facilities, or post offices aed
other state and federally owned faGilities. This designation sep.Fes aZ_."_._t_ir_-e flunGtoGn tG
those owning or buying land On proximity to publlic;ly owned land that is not ordinarily
subjent to pity development regulations While these publin entities are net ordinarily
subjeGt to Gity reguIa# nC, the following standards serve as minimum guidelines for state
and federal government entities to use to help create a consonant transition between public and
private uses.
Amend 14-2F-2 as follows:
A. Determining Principal Uses Allowed:
1. Table 2F-1, located at the end of this section, indicates The following subsertiens
in�,,T.g0n whether a principal land use is permitted (P), allowed with provisions (PR), or allowed
by special exception (S) in the public zone.
2. Specific land uses are grouped into the categories and subgroups. To find out how a
specific land use is categorized, see chapter 4, article A, "Use Categories", of this title.
3. Provisional uses are allowed, subject to the additional requirements contained in chapter
4, article B, "Minor Modifications, Variances, Special Exceptions, And Provisional Uses", of this
title.
4. Uses listed as special exceptions are allowed only after approval from the Iowa City
board of adjustment. The general approval criteria for special exceptions are stated in chapter 4,
article B of this title along with specific approval criteria for most special exception uses.
1135. Regulations pertaining to accessory uses are stated in chapter 4, article C, "Accessory
Uses And Buildings", of this title.
D. PermittedUses--
11. Plant related agr-;ultur-
2. Land, buildings or struGtures owned by the federal or state govern ments-,-ar
politinal subdivisions thereof, and used for publrn
in or governmental purposes.
C.
Provisional
,, f
1Privately earned Gommunication transmissaiie�acilities.
2.Utility-sGale ground -mounted solar energ system.
Attachment 1
Page 2
Table 2F-1: Principal Uses Allowed In Public Zones
Use Categories 7subproups
P-1
P-2
Land, buildings, or structures used for public or governmental
purposes and owned by the federal, state, or local governments, or
P
P
political subdivisions thereof, or the Iowa City Community School
District
Institutional and civic uses:
Basic utilitV uses
PR/S
Utilit -scale round -mounted solar enerqV systems
PR
PR
Other uses:
Agricultural Uses Plant Related
P
P
Communication transmission facility uses
PR/S
PR/S
Amend 14-2F-6 as follows:
A. If any land zoned publin is sold.,transferredronveeor transferred to anyone other thangovernment of the United the
the
or a
olitiGal subdivision
the buyer or
States, state, thereof,
transferee must submit an appliGation requesting the Gity to rezone the land in
er
artiGle D of this title.
t ,, ,., f
LandB. Lad ac��edbyUnited the government of the States, he state ti or a pvirRGar
subdmvmsmon thereof shall retain its existing zoning designation until suGh time as the
zening map is amended to designate such lend., a public zone
C. Befre If the federal, state, or local government, or political subdivisions thereof, or
the Iowa City Community School District, conveys a leasehold interest in any land zoned
public is ronyeyerd to anyone for a„use other than those
��allowed
.. in the public zone and to
anyone other than t�overnmeTtoT the
United States, he state or a polTtfGal
sub dmymsion thereof the land must be fezoned to an appropriate zone in which the use is
allowed. The use shall be subject to all requirements of the new zone. Further, the zone shall
may be established as a dual n everlay zone., with the underlying zo retaining the +ts
original public zone designation.
Amend 14 -4B -4D-1 as follows:
1. Basic Utility Usesies In; oommemial And Industrial Zones And ID=o;D-1 °rTd ID -RP
Zones:
a. Basic Utility Useslec`� Amain Enclosed Within Buildings: In all ^em mer^°a1,
ndustroal, and research zones, and On the Ill -ice, Ill -1, Jnr! Ill_ID Zones, Basic utility
usesies, are permitted within a building that houses anther principal use allowed in *he
zone, provided the use facility is completely enclosed, and there is no visible indication of the
existence of the use facility from the exterior of the building.
b. Basic Utility Usesies Not Enclosed Within A Building:
(1) In the ID -I, 1-1 and 1-2 zones, basic utility usesies not enclosed within a building are
permitted, provided the use is located at least two hundred feet (200') from any residential zone
and is screened from view of public rights-of-way to at least the S3 standard. To ensure public
safety, the CGity may also require that the use be enclosed by a fence. Basic utility usesies that
cannot meet the two hundred foot (200') separation requirement may apply for a special
exception from the Bboard of Aadjustment as described in subsection DMb(2) of this section.
(2) In all commercial zones, the RDP and ORP zones, and the P-1, ID -C and ID -RP
zones, basic utility usesies not enclosed within a building are permitted only by special
exception. Proposed uses must be screened from public view and from view of any adjacent
residential zones to at least the S3 standard. In addition, the appliGant must pro.,i rde
Attachment 1
Page 3
eymde"^e that *The proposed use must wiH be compatible with surrounding structures and
uses with regard to safety, size, height, scale, location, and design, particularly for facilities that
will be located close to or within view of a residential zone. For uses located in highly visible
areas, the Bboard may consider additional design elements such as masonry or brick facades,
and walls or fencing to improve public safety and to soften the visual impact of the proposed
use. Water and sanitary sewer pumps or lift stations approved by the Ccity as part of
subdivision or site plan approval do not require special exception approval from the Bboard of
Aadjustment.
(3) In the ID -RP and the ORP zone, the Bboard of Aadjustment may grant a special
exception to reduce the minimum lot size for a basic utility use; provided, that the appli ant
demonstrates that the facility will be located, screened, and landscaped in a manner that will
not detract from surrounding properties or prevent development of an attractive entranceway to
an existing or future office research park.
Commercial, Industrial,
Research, & P-1 Zones
Excluding commercial zones that do not
allow basic utility uses
Commercial and research zones included
in this map allow basic utility uses either
provisionally or by special exception.
These are as follows:
- CO -1
- CN -1
- CH -1
- CI -1
- CC -2
- CB -2
- CB -5
- CB -10
- RFC Zones
- ID -RP
- RDP
- ORP
Industrial zones included in this map
allow basic utility uses provisionally.
These are as follows:
- ID -1
-1-1
-1-2
The proposed amendment would allow
basic utilities in P-1 zones provisionally
or by special exception.
N
J40 0.25 0.5 1 Miles
1 1 1 1 1 1 1 1
Legend
.11.11EL
L., J Iowa City Limits
Iowa City Zoning
= Commercial and Research Zones
= Industrial Zones
P-1 Zones
Created April 7, 2022
Attachment 3
Page 1
Regulation of Basic Utility Uses in Other Communities
Des Moines
Utilities and Public Service Facilities are classified as Minor or Major regardless of whether private or public (134-3.4.13).
Minor utilities are permitted by right in all zones except for F (floodplain). They are defined as infrastructure services that need to be
located in or close to the area where the service is provided. Minor utilities and public service facilities do not regularly have employees at
the site and typically have few if any impacts on surrounding areas. Typical uses include: underground electric distribution substations;
electric transformers; water conveyance systems; stormwater facilities and conveyance systems; telephone switching equipment and
emergency communication warning/ broadcast facilities.
Major utilities are a conditional use in all zones, which requires review by the Board of Adjustment. They are defined as infrastructure
services that typically have substantial visual or operational impacts on nearby areas. Typical uses include: above -ground electric
distribution substations; wastewater management facilities and filtration systems; solar farms; wind farms.
Applicable
Review Criteria (134-6.4.8)
Conditions:
1. Locating and operation of the use or activity adequality safeguards the health, safety, and general welfare of persons
in adjoining or surrounding property.
2. Will not impair adequate supply of light and air to surrounding property.
3. Will not unduly increase congestion of streets, or public danger of fire, safety, or flooding.
4. Will not diminish surrounding property values
5. Consistent with general purpose of zoning ordinance, chapter 135 of this code, and the comprehensive plan
6. Thew proposed use in an F zoning district is fully in compliance with chapter 50 of this code.
7. Proposed use shall have no significant impact on the use and enjoyment of adjoining property.
8. Adequate setbacks will be provided
9. No parking shall be permitted in a required front yard of an N district unless shown to be compatible with adjoining land
use
The BOA may prescribe appropriate conditions and safeguards. Violations of conditions or safeguards shall result in revocation
of the conditional use approval
Cedar Rapids
Utilities and Public Service Facilities are classified as Minor or Major regardless of whether private or public.
Minor utilities are permitted by right with use -specific standards in all zones and special districts (32.03.03.B.1 1.b). They are defined as
infrastructure services that do not have substantial impacts on surrounding areas or are otherwise necessarily distributed throughout the
Attachment 3
Page 2
community to aid in the operation, distribution, collection, conveyance, transmission, storage or other necessary aspect of a public or
private utility service. Typical uses include electric substations, pump or lift stations, water towers, electric or control vaults or cabinets,
and other similar equipment or structures necessary for the operation of any public or franchised private utility or service.
Major utilities are permitted as a conditional use in all zones and special districts, which requires Board of Adjustment approval
(32.03.03.B.1 1.a). They are defined as infrastructure services that have substantial land use impacts on surrounding areas. Typical uses
include, but are not limited to, water and wastewater treatment facilities, major water storage facilities, railroad infrastructure, and electric
generation plants.
Applicable
A minor utility shall comply with the following use -specific standard:
Conditions:
1. Mechanical, electrical, or similar equipment shall be enclosed located within a vault or cabinet, or shall be screened
from any adjacent Urban district, Residential District, Mixed Use District or Public Right of Way. Exceptions may be
granted by Major Design Exception
A major utility must abide by the use -specific standards and the following criteria:
1. The conditional use is permitted in the district where the property is located;
2. The application complies with all use -specific standards applicable to the use;
3. The application complies with all other applicable standards of this Code;
4. The proposed use and development will be consistent with the intent and purpose of the Future Land Use Map and
other elements of the Comprehensive Plan;
5. There is sufficient compatibility with the adjacent properties and the overall neighborhood. When considering aspects
unique to the proposed use as compared to other permitted uses within the same zone district, the reviewing body
should consider:
a. Whether the proposed development or use will be located, designed, constructed, and operated in such a
manner that it will be compatible with the immediate neighborhood and will not interfere with the orderly use,
development and improvement of surrounding property;
b. Whether the proposed use or development will have adverse effects on existing traffic conditions, parking, utility
and service facilities, and other factors affecting the public health, safety, and welfare.
c. Whether the impacts of the proposed use or development extend beyond that of development that would be
permitted by -right in the same zone district;
d. Whether any additional impacts that may be created as a result of the proposed use or development are
acceptable and not a detriment; and
e. Whether any additional impacts that may be created as a result of the proposed use or development have been
considered by the applicant and adequate steps have been taken to eliminate or mitigate these impacts.
Attachment 3
Page 3
6. Adequate conditions can be placed on the approval to eliminate or mitigate any adverse impacts of the proposed use
or development.
Davenport
The City engineer oversees and approvals placement and development of public and/or private utilities and a permit must be acquired.
The zoning code does not apply to land located within public rights-of-way or to public utilities (17.03.040). Public utilities include any
person, firm or corporation providing manufactured or natural gas, electricity, water, or cable television to the inhabitants of the City and
utilizing public right-of-way for their pipes, mains and conduits to distribute their product (13.32.010). However, the location is reviewed
during site plan review to ensure they are in appropriate easements.
In addition, the following utility structures are exempt from the zoning code and are permitted in any district: poles, wires, cables, conduits,
vaults, laterals, pipes, mains, hydrants, valves, and water supply wells. There are unique standards for wireless telecommunications,
amateur HAM radio towers, solar panels, or wind turbines, unless operated by a government agency.
For a private company to place private utilities within a public right of way, a franchise or permit from the City or Utilities Board must be
issued to be permitted. The areas where many utilities will be established are denoted on subdivision plats.
Applicable
All above ground facilities, whether placed within public right-of-way or private property within a utility easement shall
Conditions:
aesthetically match the surrounding area (12.20.100M). Equipment shall be concealed or housed within the smallest possible
cabinet or other appropriate enclosure. No external loose cables or wires shall be allowed. Owners of facilities shall maintain
such in good working order and condition.
The City engineer shall oversee the following administrative functions:
• No person shall occupy or use public right-of-way for the purpose of providing utility, communication, information or
data services to customers without first obtaining a franchise or permit from the City or the authorization from the
Iowa Utilities Board or other appropriate authority or as otherwise authorized by law.
• The City shall not grant, issue, or enter into any franchise or permit that grants or allows exclusive use or occupancy
of the right-of-way. Any person seeking a franchise or permit for use of City right-of-way shall make application for a
franchise or permit as provided in this chapter.
An application for a franchise or permit for occupancy or use of a right-of-way shall be filed with the City engineer on a form
developed and provided by the City engineer.
From:
Chris Pose
To:
Anne Russett
Cc:
Kirk Lehmann; Austin. Jon (MidAmerican); Carlson. Dawn (MidAmerican); Martin Dostalik
Subject:
Re: Private Utilities in PI Zone Draft Code
Date:
Tuesday, April 19, 2022 11:09:37 AM
Attachments:
We sent you safe versions of your files.msa
Amend 14-2F-1 (MEC Suggestions).docx
a
Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files.
Anne,
Please see attached ordinance amendment language I have prepared.
I respect and understand that city staff has already discussed and declined to make an
ordinance language change regarding private ownership.
I would still like to present the attached to the P&Z and I would appreciate it if you would
provide this to them.
Thank you.
Christopher R. Pose
LILLIS O'MALLEY OLSON MANNING POSE TEMPLEMAN LLP
317 Sixth Avenue, Suite 300
Des Moines, IA 50309-4127
Phone: 515-243-8157
Cell: 515-371-5726
Fax: 515-243-3919
Email: cposeCcDlolaw.com
Firm Website: www.lillisomalley.com
This message and accompanying documents are covered by the Electronic Communications Privacy Act, 18
U.S.C. § 2510-2521, and contain information intended for the specified individual(s) only. This information is
confidential. If you are not the intended recipient or an agent responsible for delivering it to the intended recipient,
you are hereby notified that you have received this document in error and that any review, dissemination, copying,
or the taking of any action based on the contents of this information is strictly prohibited. If you have received this
communication in error, please notify us immediately by e-mail, and delete the original message.
Mid American Energy Company suggested additions shown underlined and deletions by
strikethro gh as shown below.
Amend 14-2F-1 as follows:
The full names, short names, and map symbols of the established public zones are listed
below. When this title refers to public zones, it is referring to the zones listed below.
A. Purpose: The purpose of the public zones is to provide reference to public ownership
and use of land, or to or to private ownership and use of the land for Basic Utility or
infrastructure services that need to be located in or near the area where the service is
provided. These zones serve a netire f„nntion to these owning or buying land in
proximity to p„hlinly owned leer!
B. Zone Designations:
1. Neighborhood Public Zone (P-1): Uses such as schools, parks, police and fire
stations, and other civic buildings owned or otherwise controlled by the CEounty, the Ccity,
or the Iowa City CEommunity Sschool Ddistrict or privately owned for Basic Utility
services, and necessary infrastructure, for such ,uses may wi# be designated as P-1,
neighborhood public zone. These uses are subject to certain development standards in
order to create a consonant transition between public and private uses.
2. Institutional Public Zone (P-2): The institutional public zone (P-2) provides reference
to public uses of land owned or otherwise controlled by the state or federal government, or
their subdivisions, such as university campuses, regional medical facilities, or post offices
and ether state and federally owner! fanilities This designation seems - notine
funGtOG1- 4G these owning or buying lend in proximity to p„hlinly owned land that is not
o -di'nar-i'ly s„hiert to city development regulations. While these n„hlin entities are not
ordinarily subje^t to ^°ty regulat°ens, +The following standards serve as minimum
guidelines for state and federal government entities to use to help create a consonant
transition between public and private uses.
City Proposed Amendments if Adopted as Presented
Amend 14-2F-1 as follows:
The full names, short names, and map symbols of the established public zones are listed
below. When this title refers to public zones, it is referring to the zones listed below.
A. Purpose: The purpose of the public zones is to provide reference to public ownership
and use of land, or to use of the land for infrastructure services that need to be located in or
near the area where the service is provided.
B. Zone Designations:
1. Neighborhood Public Zone (P-1): Uses such as schools, parks, police and fire
stations, and other civic buildings owned or otherwise controlled by the County, the City, or
the Iowa City Community School District, and necessary infrastructure, will be designated
as P-1, neighborhood public zone. These uses are subject to certain development
standards to create a consonant transition between public and private uses.
2. Institutional Public Zone (P-2): The institutional public zone (P-2) provides reference
to public uses of land owned or otherwise controlled by the state or federal government, or
their subdivisions, such as university campuses, regional medical facilities, or post offices
The following standards serve as minimum guidelines for state and federal government
entities to use to help create a consonant transition between public and private uses.
Item Number: 7.b.
CITY OIF IOWA CITY
www.icgov.org
May 3, 2022
Motion setting a public hearing for May 17, 2022 to consider an amendment
to Title 14, Zoning related to drinking establishments. (REZ22-0007)
Iji f_Ta:I Lvi I NUTI&V
Description
PZ Staff Memo
Date: April 20, 2022
CITY OF IOWA CITY
MEMORANDUM
To: Planning & Zoning Commission
From: Anne Russett, Senior Planner, Neighborhood & Development Services
Re: Zoning Code Amendment (REZ22-0007) related to non -conforming drinking
establishments
Introduction & Background
In 2009, the City adopted Ordinance 09-4341 to create a 500 -foot minimum separation distance
between drinking establishments. The goal was to mitigate negative externalities associated with
an over -concentration of these uses downtown, such as alcohol overconsumption, underage
drinking, nuisances, and crime. The City amended ordinance in 2013 to limit the separation
distance requirement to the University Impact Area and Riverfront Crossings District, due to
economic impacts and it being unlikely that a concentration of drinking establishments would
develop in other commercial areas in the City.
Existing drinking establishments that did not conform to these regulations were allowed to
continue, as long as the use did not change and their liquor license did not lapse, or was not
revoked or discontinued, for more than one year. Through attrition, this would reduce the density
of these uses downtown. As a legal nonconforming use, existing drinking establishments could
not expand or enlarge, except as specifically allowed by Code.
Expansion and enlargement is defined, in relevant part, as an increase in the volume of a building
or in the area of land or building occupied by a use. The definition has been amended from time
to time to address unanticipated situations and consequences. For example, for nonconforming
drinking establishments, neither sidewalk cafes nor any alteration or addition to a commercial
kitchen that does not result in an increase in the allowable occupancy load are considered an
enlargement/expansion of the use. Rooftop cafes are also an allowable expansion following
approval of a special exception by the Board of Adjustment.
In May 2021, the City Council amended the code further to allow the continuance of
nonconforming drinking establishments where economically viable business substitutes have not
been found for locally designated historic buildings. That amendment was advanced due to
economic concerns from the developers of the Tailwind project and allowed for ReUnion, a
brewpub and restaurant, to be built out and operate as a drinking establishment in 111 E. College,
the former Fieldhouse, a nonconforming drinking establishment that was vacant for several years,
and in 109 E. College, the former Givanni/EI Patron space, previously considered an eating
establishment.
This proposed amendment is also the result of the Tailwinds' project. The developers would like
to modify the structure at 111 E. College to connect ReUnion internally to a sales -oriented retail
use planned for the building to the east, 115 E. College Street, formerly occupied by Graze.
Without the proposed amendment this would be considered an expansion of a nonconforming
drinking establishment, and thus not allowed.
Proposed Amendments
The proposed amendments read as follows:
April 20, 2022
Page 2
Amend 14-9A-1 definition of "enlargement/expansion" to add the following:
A door connecting a drinking establishment to a sales -oriented retail use in accordance
with 14 -4E -5G(5) shall not be considered an expansion of a drinking establishment.
Amend 14 -4E -5G to add the following:
5. Nonconforming drinking establishments may connect to a sales -oriented retail use so
long as the following criteria are satisfied. At the sole discretion of the Chief of the Police,
repeated violations of Iowa code Chapter 123 or City Code Section 4-5-5 shall be grounds
for temporary or permanent closure of the door, thereby prohibiting access between the
two uses.
a. The door connecting the two uses shall meet the same fire -resistive rating as
the wall separating the two uses and be ADA -compliant;
b. A notice, in a form and location approved by the City, shall be posted at the door
informing patrons that open containers of alcohol are prohibited in the sales -oriented retail
use pursuant to Iowa City Code Section 4-5-5; and
c. The holder of a liquor control license or wine or beer permit must provide staff
of sufficient number and capability to monitor all patrons to prevent such violations.
Analysis
This amendment is narrowly tailored to allow the construction and use of a doorway between a
nonconforming drinking establishment and only a sales -oriented retail use. Examples of sales -
oriented retail uses include stores selling consumer, home, and business goods. It may also have
a cottage industry component, such as bakeries, confectioneries, upholsterers, artist/artisans'
studios. ReUnion anticipates selling ReUnion brewing related merchandise in the sales -oriented
retail space and have restrooms available for ReUnion guests.
Sales -oriented retail uses are not allowed to have a liquor license, wine or beer permit for on -
premises consumption. Such uses are eligible for an accessory alcohol sales certificate, however,
for the retail sale of alcohol for off -premises consumption. If such a certificate is issued, alcohol
sales must be less than 25% of gross yearly income.
The amendment gives the Police Chief authority to require the door be closed permanently if open
container violations occur. Staff recommends this provision be adopted to mitigate the opportunity
for the drinking establishment to slowly and/or permanently take over the retail space. The
provisions regarding the fire rating are meant to ensure that the buildings in which the two uses
are located can be sold, leased, occupied and used independently. No zoning or building code
requirements for one use will be allowed to be satisfied in the other use.
Next Steps
Pending recommendation from the Planning and Zoning Commission, the City Council will hold a
public hearing to consider the proposed text amendments.
Staff Recommendation
Staff recommends approval.
Approved by: • �]l
Danielle Sitzman, AICP, Development Services Coordinator
Department of Neighborhood and Development Services
Item Number: 7.c.
AL CITY OF IOWA CITY
=�c�-
COUNCIL ACTION REPORT
May 3, 2022
Resolution setting public hearing on amending the FY2022 Operating
Budget.
Prepared By: Jacklyn Fleagle, Assistant Finance Director
Reviewed By: Nicole Davies, Finance Director
Fiscal Impact: FY2022 budget revisions funded through new revenues or available fund
balance
Recommendations: Staff: Approval
Commission: N/A
Attachments: FY2022 Notice of Public Hearing
FY2022 List of Budget Amendments #3
Resolution
Executive Summary:
The Finance Department requests the City Council set a public hearing for consideration of
amending the fiscal year 2022 annual budget on May 17, 2022. This is the third budget
amendment for fiscal year 2022.
Background /Analysis:
Budget amendments are submitted to the Finance Department and reviewed for approval by the
Finance Director and City Manager. Requests to carry appropriations over from one year to the
next are also submitted and approved in the same manner. A formal recommendation for a budget
amendment is then prepared for City Council approval.
The State of Iowa allows cities to amend the annual operating budget for supplemental
appropriation authority. These changes may include new or revised revenue and expenditure
projections, transfers between funds, and capital improvement plan changes. Increased
expenditures must utilize available fund balance or additional revenue sources, as the State does
not allow amendments to increase property taxes. According to the City's financial policies,
amendments to operating budgets will be made only in the following situations:
• emergency situations
• transfer from contingency
• expenditures with offsetting revenues or fund balance
• carry-over of prior year budget authority for expenses that had not been paid as of the end of
the fiscal year.
This proposed budget amendment increases overall revenues and transfers -in by $1,660,000, as
shown on Line 15 of the attached notice (see Revenues & Other Financing Sources, lines 1-
15). Much of the increase of revenues being amended is for Transfers In (line 14). Transfers In
are being amended by $1,570,000 primarily for the transfer of Affordable Housing fee -in -lieu of
fees to pay for duplexes as part of the South District home program. Miscellaneous Revenues
(line 12) are being amended by $90,000 for expected donations and a bequest.
The section entitled Expenditures & Other Financial Uses (lines 16-28) provides for an increase
in appropriations of $2,083,850. The majority of the increase in appropriations is related to
Transfers Out (line 27) mentioned above and total $1,570,000. The next largest increase in
appropriations is for the Business Type/Enterprise program (line 25) and totals $285,850. The
increase in this program primarily reflects emergency repairs and supplies. The last significant
amendment is for the Capital Projects program (line 23) and totals $210,000. This primarily
reflects additions and amendments to capital improvement projects.
The net budgeted result to fund balances is a reduction of $423,850 (line 29). This reduction will
be covered through excess fund balances and bond funds and will not affect property tax
revenues or levies.
The Notice of Public Hearing for the first budget amendment of fiscal year 2022 is attached to this
memo along with a detailed list of the individual amendments.
ATTACHMENTS:
Description
Notice of Public Hearing
FY2022 List of Budget Amendments #3
Resolution
NOTICE OF PUBLIC HEARING -AMENDMENT OF CURRENT BUDGET
City of IOWA CITY
Fiscal Year July 1, 2021 - June 30, 2022
The City of IOWA CITY will conduct a ublic hearing
for the purpose of amending the current budget for fiscal year ending
June 30, 2022
Meeting Date/Time: 5/17/2022 06:00 PM
Contact: Kellie Fruehlin
Phone: 319 356-5050
Meeting Location: City Hall, 410 E. Washington St. Iowa Cit
There will be no increase in taxes. Any residents or taxpayers will be heard for or against the proposed amendment at the time and place specified above. A
detailed statement of: additional receipts, cash balances on hand at the close of the preceding fiscal year, and proposed disbursements, both past and
anticipated, will be available at the hearing.
REVENUES & OTHER FINANCING SOURCES
Total Budget
as Certified
or Last Amended
Current
Amendment
Total Budget After
Current Amendment
Taxes Levied on Property
1
66,911,637
0
66,911,637
Less: Uncollected Delinquent Taxes - Levy Year
2
0
0
0
Net Current Property Tax
3
66,911,637
0
66,911,637
Delinquent Property Tax Revenue
41
0
0
0
TIF Revenues
5
3,983,340
0
3,983,340
Other City Taxes
6
2,706,502
0
2,706,502
Licenses & Permits
7
1,993,570
0
1,993,570
Use of Money & Property
8
2,748,956
0
2,748,956
Intergovernmental
9
62,859,486
0
62,859,486
Charges for Service
10
49,896,555
0
49,896,555
Special Assessments
11
290
0
290
Miscellaneous
12
3,607,316
90,000
3,697,316
Other Financing Sources
13
11,159,742
0
11,159,742
Transfers In
14
53,366,787
1,570,000
54,936,787
Total Revenues & Other Sources
15
259,234,181
1,660,000
260,894,181
EXPENDITURES & OTHER FINANCING USES
Public Safety
16
28,923,897
18,000
28,941,897
Public Works
17
11,634,582
0
11,634,582
Health and Social Services
18
660,250
0
660,250
Culture and Recreation
19
16,781,281
0
16,781,281
Community and Economic Development
20
33,306,156
0
33,306,156
General Government
21
13,244,677
0
13,244,677
Debt Service
22
13,191,264
0
13,191,264
Capital Projects
23
54,094,592
210,000
54,304,592
Total Government Activities Expenditures
24
171,836,699
228,000
172,064,699
Business Type/Enterprise
25
82,267,226
285,850
82,553,076
Total Gov Activities & Business Expenditures
26
254,103,925
513,850
254,617,775
Tranfers Out
27
53,366,787
1,570,000
54,936,787
Total Expenditures/Transfers Out
28
307,470,712
2,083,850
309,554,562
Excess Revenues & Other Sources Over
Under Expenditures/Transfers Out
29
-48,236,531
-423,850
-48,660,381
Beginning Fund Balance July 1, 2021
301
206,764,581
0
206,764,581
Ending Fund Balance June 30, 2022
311
158,528,050
-423,850
158,104,200
Explanation of Changes: This third and final amendment for fiscal year 2022 includes a few amendments to Capital Improvement Projects, the receipt of a
bequest and contribution, emergency repairs and supplies, and a partial transfer of Affordable Housing fee in -lieu -of receipts to cover the purchase of
duplexes for the South District program. Additional detail is on file and available from the Iowa City Finance Department.
04/25/2022 11:27 AM Paae 1 of 1
State Form Program Lines
Fiscal Year 2022
8
Intergovernmental
9
Budget Amendment #3
10
Miscellaneous
Oor
Object Project
Description
Amount
Program Line
31510900
473010
Engineering office remodel
$
50,000.00
23
10310710
490040
Engineering office remodel
$
50,000.00
27
31510900
393140
Engineering office remodel
$
(50,000.00)
14
10510311
472010
Police air conditioning unit replacement
$
39,774.00
21
10310710
479999
Police air conditioning unit replacement
$
(39,774.00)
21
73730120
467070
Ferric sulfate
$
15,000.00
25
72720122
474420
Spiral heat exchanger
$
112,000.00
25
10610610
449280
Sidewalk fee refund
$
18,000.00
16
75750123
442030
HVAC and building controls Ed center
$
10,900.00
25
31530910
473010
Library Ped Mall Railing
$
70,000.00
23
75750121
432080
Landfill Bird Assessment
$
11,250.00
25
73730130
473020
Water main Clinton to Church
$
115,000.00
25
31410940
362100
Catio bequest
$
(50,000.00)
12
31410940
362100
Foundation Catio contribution
$
(40,000.00)
12
31410940
473010
Catio
$
90,000.00
23
71810221
445140
Bus pass order
$
21,700.00
25
10610220
393910
South District properties transfer
$
(1,520,000.00)
14
25490190
490160
South District properties transfer
$
1,520,000.00
27
10310100
490160
Correct Facility Reserve Transfer
$
4,000,000.00
27
10610710
490160
Correct Facility Reserve Transfer
$
(4,000,000.00)
27
State Form Program Lines
Use of Money & Property
8
Intergovernmental
9
Charges for Services
10
Miscellaneous
(90,000.00)
12
Other Financing Sources
13
Transfers In
(1,570,000.00)
14
Public Safety
18,000.00
16
Public Works
-
17
Health & Social Services
18
Culture & Recreation
19
Community & Economic Development
20
General Government
21
Debt Service
-
22
Capital Projects
210,000.00
23
Business-Type/Enterprise
285,850.00
25
Transfers Out
1,570,000.00
27
Internal Service (not budgeted)
-
X
423,850.00
Internal Service (not budgeted)
-
Excess Revenues & Other Financing Sources under
Expenditures/Transfers Out
423,850.00
29
Prepared by Jacklyn Fleagle, Assistant Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319)356-5063
Resolution No. 22-116
Resolution setting public hearing on amending the
FY2022 Operating Budget.
Be it resolved by the City Council of Iowa City, Iowa, that a public hearing will be held in Harvat
Hall, City Hall, 410 East Washington Street, at 6:00 p.m., May 17, 2022, or if said meeting is
cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, to permit
any citizen to be heard for or against the proposed amendment to the FY2022 Operating Budget.
The City Clerk is hereby directed to give notice of said public hearing and time and place thereof
by publication in the Iowa City Press -Citizen, a newspaper of general circulation in Iowa City, not
less than ten (10) days and not more than twenty (20) days before the time set for such hearing.
Passed and approved this 3rd day of May
2022.
Approved by
Attest:
City Clerk City Attorney' Office — 04/26/22
It was moved by Weiner and seconded by
adopted, and upon roll call there were:
Ayes: Nays:
X
X _
X
X
X
Taylor the Resolution be
Absent:
Alter
Bergus
Harmsen
Taylor
Teague
Thomas
Weiner
lU
Item Number: 9.
AL CITY OF IOWA CITY
=�c�-
COUNCIL ACTION REPORT
May 3, 2022
Resolution approving project manual and estimate of cost for the
construction of the 2022 Water Pavement Patching 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: $175,000 available in the Water Division Operating Budget, account
#73730130
Recommendations: Staff: Approval
Commission: N/A
Attachments: Resolution
Executive Summary:
This project includes pavement repairs associated with water main breaks on various streets
throughout Iowa City. Types of pavement that need repair include Portland Cement Concrete
(PCC), PCC with Hot Mix Asphalt (HMA) overlay, and full depth HMA. Some locations will also
require the removal and replacement of driveway, sidewalk, and/or curb and gutter.
Background /Analysis:
Each year there are, on average, approximately 60 water main breaks within the City, and street
and/or sidewalk pavement typically needs to be removed and replaced in order to repair the water
main. With limited resources and the emergency nature of the pavement repairs, the City is
combining the pavement repairs at multiple main break sites into a single project to more
efficiently address pavement damage resulting from water main breaks. As additional main breaks
occur later this year, those sites will also be added to this project for repair.
Project Timeline:
Hold Public Hearing — May 3, 2022
Bid Letting — May 25, 2022
Award Date — June 6, 2022
Construction — June 2022 to November 2022
ATTACHMENTS:
Description
Resolution
q.
Prepared by: MarriVanDyke, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319) 356-5044
Resolution No. 22-117
Resolution approving project manual and estimate of cost for the
construction of the 2022 Water Pavement Patching 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 Water Division's Operating Budget, account
#73730130.
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 25'" day of May,
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 61h day of June, 2022, or at a special meeting called for that
purpose.
Passed and approved this 3rd day of April 2022,
M o
Approve y
Attest: " " .l
City Clerk J City Attorney s Office
(Liz Craig — 04/26/22)
Resolution No. 22-117
Page 2
It was moved by
Thomas
adopted, and upon roll call there were:
and seconded by Taylor the Resolution be
Nays:
Absent:
Alter
Bergus
Harmsen
Taylor
Teague
Thomas
Weiner
Item Number: 10.
1 CITY OF IOWA CITY
��.:. -dry
in � at
COUNCIL ACTION REPORT
May 3, 2022
Resolution approving project manual and estimate of cost for the
construction of the 2022 Rochester Avenue Reconstruction from Ralston
Creek to N First Avenue 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: Justin Harland, Sr. Civil Engineer
Reviewed By: Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact: $5,600,000 available in the Rochester Avenue Reconstruction account
#S3950
Recommendations: Staff: Approval
Commission: N/A
Attachments: Location Map
Resolution
Executive Summary:
This project includes the full reconstruction of the roadway, as well as new storm sewer, sanitary
sewer structures, water main, ADA sidewalk improvements, and on -street bike lanes.
Background /Analysis:
Rochester Avenue serves as an arterial within the City of Iowa City. The street pavement along
Rochester Avenue from First Avenue to the bridge over Ralston Creek requires frequent
maintenance and has reached the end of its useful life.
The project will include complete reconstruction of Rochester Avenue between First Avenue to
the bridge over Ralston Creek. Additionally, the project will include improvements to the sidewalk,
ADA curb ramps, storm sewer, sanitary sewer, other utilities as needed, signage, landscaping, and
other associated work.
Project Timeline:
Hold Public Hearing /Approve Plans and Specifications — May 3, 2022
Bid Letting — May 24, 2022
Award Date — June 6, 2022
Construction Start— July 5, 2022
Final Completion — December 31, 2023
ATTACHMENTS:
Description
Location Map
Resolution
2022 ROCHESTER AVENUE RECONSTRUCTION FROM
RALSTON CREEK TO N FIRST AVENUE PROJECT MAP
.Prepared by: Justin Harland, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319) 356-5416
Resolution No. 22-118
Resolution approving project manual and estimate of cost for the
construction of the 2022 Rochester Avenue Reconstruction from
Ralston Creek to N First Avenue 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 Rochester Avenue Reconstruction account #
S3950.
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 24th day of May
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, 401 E Washington
St., Iowa City, Iowa, at 6:00 p.m. on the 6th day of June 2022, or at a special meeting
called for that purpose.
Passed and approved this 3rd day of May 2022.
Ma r
ApprL by
Attest: L I� L
City Jerk City Attorne s Office
(Liz Craig - 04/26/22)
Resolution No. 22-118
Page 2
It was moved by Weiner
adopted, and upon roll call there were:
Ayes:
and seconded by Taylor the Resolution be
Nays:
Absent:
Alter
Bergus
Harmsen
Taylor
Teague
Thomas
Weiner
Item Number: 11.
AL CITY OF IOWA CITY
=�c�-
COUNCIL ACTION REPORT
May 3, 2022
Resolution approving project manual and estimate of cost for the
construction of the Eastwood Drive and South Lawn Drive Intersection
Improvement Project, establishing amount of bid security to accompany each
bid, directing City Clerk to post notice to bidders, and fixing time and place
for receipt of bids.
Prepared By: Alin Dumachi, Sr. Civil Engineer
Reviewed By: Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact: $225,000 available in the Annual Storm Sewer Improvements account
#M3631
Recommendations: Staff: Approval
Commission: N/A
Attachments: Location Map
Resolution
Executive Summary:
This project generally includes the replacement of existing storm sewer with new storm sewer
pipes and intakes, upgrading of existing 6" ductile iron water main to 8" PVC, new 8" PCC
pavement with integral 6" curb, and newADA compliant curb ramps.
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
The project manual and estimate of cost for the Eastwood Drive and South Lawn Drive
Intersection Improvements Project have been filed in the Office of the City Clerk for public
examination.
ATTACHMENTS:
Description
Location Map
Resolution
Ik-
Prepared by: Alin Dumachi, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319) 356-5143
Resolution No.
Resolution approving project manual and estimate of cost for the
construction of the Eastwood Drive and South Lawn Drive
Intersection Improvement Project, establishing amount of bid
security to accompany each bid, directing City Clerk to post
notice to bidders, and fixing time and place for receipt of bids.
Whereas, notice of public hearing on the project manual and estimate of cost for the above-
named project was published as required by law, and the hearing thereon held; and
Whereas, the City Engineer or designee intends to post notice of the project on the website
owned and maintained by the City of Iowa City; and
Whereas, funds for this project are available in the 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 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 241' day of May,
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 6'h day of June, 2022, or at a special meeting called for that
purpose.
Passed and approved this 3rd day of May _'2022
Ma o
Approved by
Attest:
City Clerk City Attome s Office
(Liz Craig — 04/25/22)
Resolution No.
Page 7
It was moved by Weiner and seconded by Alt
the Resolution be adopted, and upon roll call there were:
Ayes:
X
X
Nays: Absent:
Alter
Bergus
Harmsen
Taylor
Teague
Thomas
Weiner
Item Number: 12.
AL CITY OF IOWA CITY
=�c�-
COUNCIL ACTION REPORT
May 3, 2022
Resolution authorizing the filing of an application with the Iowa Department
of Transportation for FY2023 Iowa Department of Transportation State
Transit Assistance and Federal Transit Administration funding.
Prepared By: Darian L. Nagle-Gamm; Transportation Services Director
Reviewed By: Redmond Jones 11; 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. 22-120
Resolution authorizing the filing of an application with the Iowa
Department of Transportation for FY2023 Iowa Department of
Transportation State Transit Assistance and Federal Transit
Administration Funding
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.
Now, therefore, be it resolved by the city council of the City of Iowa City, Iowa, that:
We, hereby, authorize the City Manager, on behalf of the City of Iowa City, to apply for financial
assistance as noted below and to enter into related contract(s) with the Iowa Department of
Transportation.
From the State Transit Assistance Program:
3.41438696% (approximately $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;
We understand acceptance of federal transit assistance involves an agreement to comply with
certain labor protection provisions.
We certify that the City of Iowa City has sufficient non-federal funds to provide required local
match for capital projects and at time of delivery will have the funds to operate and maintain
vehicles and equipment purchased under this project.
We request the State Transit Assistance formula funding be advanced monthly as allowed by law,
to improve transit system cash flow.
Passed and approved this 31d day of May, 2022.
Resolution No. 22-120
Page 2
MA
Approved by ,
Attest: �� �--(---P �) R ka'(C'
City Clerk
City Attorney s Office
J (Jennifer Schwickerath — 04/20/22)
It was moved by Taylor and seconded by _ Bergus _ the Resolution be
adopted, and upon roll call there were:
Ayes:
x
Nays:
Absent:
Alter
Bergus
Harmsen
Taylor
Teague
Thomas
Weiner
Item Number: 14.
AL CITY OF IOWA CITY
=�c�-
COUNCIL ACTION REPORT
May 3, 2022
Resolution directing sale of $10,255,000 (subject to adjustment per terms of
offering) General Obligation Bond, Series 2022.
Prepared By: Jacklyn Fleagle, Assistant Finance Director
Reviewed By: Nicole Davies, Finance Director
Fiscal Impact: Adopted as part of the FY2022 Revised Budget and the 2022-2026 Capital
Improvement Program
Recommendations: Staff: Approval
Commission: N/A
Attachments: Resolution
Executive Summary:
The City will receive bids on May 3, 2022 for the Series 2022, Tax -Exempt General Obligation Bonds.
The City Council will receive a summary of those bids that night and then consider approval of the
lowest bid.
Background /Analysis:
The City issues bonds every spring to fund the current year's capital improvement projects listed in the
Five -Year Capital Improvement Program. The City Council adopted the 2022 capital improvement
program on March 22, 2022.
The 2022 projects funded from general obligation bonds total $10,100,000. With issuance costs and
contingencies, the total funding requirements from the 2022 general obligation bonds is $10,255,000.
This amount is subject to change depending on the bids received.
Bids will be received by the City and Speer Financial at 11:00am on May 3, 2022. The results of the
sale will be summarized, and the bidder of the lowest interest rate will be recommended to be awarded
the sale.
ATTACHMENTS:
Description
Resolution
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(3 19) 356-5000
(3 19) 356-5009 FAX
%vww.1Cgov org
City Council Agenda — May 3, 2022 — Regular Formal Meeting
Information submitted between distribution of late handouts on Monday and 3:00 pm on Tuesday.
Late
Regular Formal Agenda
14. 2022 Bond Resolution — (See Bond package from Speer Financial)
3/31/22 Information Packet
IP. Summary of ARPA Funding Priorities and Funding Commitments as of
May 2, 2022
Speer Financial, Inc.
INDEPENDENT MUNICIPAL ADVISORS
DANIEL FORBES RAPHALIATA WKENLIE MAOUE HURfiER
Pnxidm, Srnuv Vire PnrsiJenr Seniw Vlre PresiJ.•nr
May 3, 2022
The Honorable Bruce Teague, Mayor
and Members of the City Council
City of Iowa City
410 E. Washington Street
Iowa City, IA 52240
Dear Mayor Teague and Council Members:
fly
ANTHONY MIC I I MARK IERE:TINA AARON GOLD
S -Wnr 4irr P vdenr Senior Vin P"'id ' I'irr P"vdrnr
Late Handouts Distributed
CSS- 03- 22
(Date)
Bids were received today for the $10,255,000 General Obligation Bonds, Series 2022. There were four
bids received, which are listed at the bottom of this letter.
Upon examination, it is our opinion that the bid of Morgan Stanley & Co. LLC., New York, New York,
is the best bid received, and it is further our opinion that the bid is favorable to the City and should be
accepted. We therefore recommend that the Bonds be awarded to that bidder at a price of $10,790,326.10,
being at a true interest rate of 2.9355%.
MB/mr
Enclosures
Respectfully submitted,
SPEER FINANCIAL, INC.
-4111IJO
Maggie Burger, Sr. Vice President
SUITE 2630.230 WEST MONROE STREET • CHICAGO, ILLINOIS 60606 • (3121346-3700 • FAX (312) 346-8833
SUITE 608 •531 COMMERCIAL STREET • WATERLOO, IOWA 50701 • (319) 291-2077 • FAX (319) 291-8629
True
Account Managers
Interest Rate
Morgan Stanley & Co. LLC., New York, New York
................................... 2.9355%
Robert W. Baird & Co., Inc., Milwaukee, Wisconsin ......................................
2.9697%
Hilltop Securities, Inc., Dallas, Texas..............................................................
2.9882%
The Baker Group, LP, Babylon, New York .....................................................
3.0586%
MB/mr
Enclosures
Respectfully submitted,
SPEER FINANCIAL, INC.
-4111IJO
Maggie Burger, Sr. Vice President
SUITE 2630.230 WEST MONROE STREET • CHICAGO, ILLINOIS 60606 • (3121346-3700 • FAX (312) 346-8833
SUITE 608 •531 COMMERCIAL STREET • WATERLOO, IOWA 50701 • (319) 291-2077 • FAX (319) 291-8629
CREDIT OPINION
26 April 2022
contacts
Isabella Romano +1.312.706.9960
Associate Lead Analyst 1
isabella.romano@moodys.com
David Stmngis +1.212.553.7422
VP-SeniorAoalyst
davidstrangis(amoodys com
CLIENT SERVICES
Americas
Asia Pacific
Japan
EMEA
1-212-553-1653
852-3551-3077
81-3-5408-4100
44-20-7772-5454
Iowa City (City of) IA
Update to credit analysis
Summary
Iowa City,IA's (Aaa stable) credit profile benefits from a sound economic base that is
anchored by the University of Iowa (Aal stable) and its associated University of Iowa
Hospitals Clinics (Aa2 stable), which has helped fuel recent growth and development
throughout the city. The city's strong economic base have contributed to strong financial
performance and robust reserves. The city's primary credit challenge is its elevated leverage
associated with capital borrowing to support a growing population and participation in two
statewide cost-sharing retirement plans.
Credit strengths
» Local economy benefits from the presence of the University of Iowa
» Very strong liquidity and operating reserves
» Strong financial management and adequate revenue raising flexibility
Credit challenges
» Pension burden is above average
n Elevated fixed costs somewhat mitigated by rapid debt retirement
Rating outlook
The stable outlook reflects our view that the city's financial performance will remain healthy
and the city will continue to grow in size.
Factors that could lead to an upgrade
» Not applicable
Factors that could lead to a downgrade
» Substantial and sustained reduction in reserves
» Large growth in leverage
Key indicators
Exhibit 1
Iowa City (City of) IA
Eoonomw/Tax Base
Total Full Value ($000) $5,910,241 $6,136,059 $6,860,334 $7,021,739
Cash Balance as a %of Revenues 73.2% 67.7% 69.4% 771% 79.9%
Soumn' US Census Bureau, Iowa City (City on IA's jrnanrfal statements and Moody's Ineeston Service
Profile
Iowa City is a large city that serves as the county seat of Johnson County. The city's population is currently estimated at about 76,000
residents. The city provides public safety (police and fire), public works, recreation and other general government services. The city's
major business -type activities include sewer, sanitation, water, parking, transit and stormwater.
Detailed credit considerations
Economy and tax base: institutional presence provides tax base stability
The city's tax base will continue to grow in the coming years. The city's primary economic strength is its ties to the University of Iowa
and its associated University of Iowa Hospitals & Clinics, which is the only academic medical center in Iowa (Aaa stable). As such, the
local economy is anchored by public sector employment. The University of Iowa and the University of Iowa Hospitals and Clinics are
the city's largest employers, with over 19,600 and 10,400 staff, respectively. The medical centers are expecting to add hundreds of new
jobs in the next few years as part of a massive expansion. In total, the university and its hospital system have more than $1.3 billion
worth of new investment in progress. The city is also seeing expansion in its industrial zones and major employer Proctor & Gamble LLC
is expanding.
The city's $7.2 billion tax base grew an average of 5.7% annually over the past five years. The recent growth is largely attributable to
new residential and commercial property driven by a steady flow of new residents.
Median family income, 108% of the national median, is low for Aaa rated cities but is deflated because of a significant college student
population.
This publication does not announce a credit rating act on. For any credit ratings referenced In this publicallun, please see the ratings tab on the issuer/entity page on
www.moodys.com for the most updated credit rating action information and rating history
2 26 Aprll 2022 Iowa City (City of( IA: Update to credit analysis
MOODY'S INVESTORS SERVICE U.S. PUBLIC FINANCE
Financial operations and reserves: very strong liquidity supported by sound management
The city's financial position is likely to remain very strong. For fiscal 2022, management expects another modest surplus. The city
closed 2021 with a surplus of over $6 million. Its general, employee benefits, debt service and internal service funds had a combined
available fund balance of S96 million, equal to a very strong 119% of annual operating revenue. Management has added to fund
balance in recent years to provide financial flexibility in the face of the coronavirus pandemic. However, they expect to begin drawing
reserves back down in the near future, with a target of 35% of expenditures in general fund balance.
Property taxes are the city's primary revenue source, accounting for more than 80% of annual operating revenue. While the city fully
uses its $8.10 per $1,000 general levy, it maintains roughly 5300,000 worth of untapped emergency levy and S1 million in employee
benefits levy. Additionally, the city is not currently using the fully available 5% franchise fee on electric and gas bills, which would
generate up to $4 million if fully tapped. The city does not levy a local option sales tax, which would require voter approval and could
generate $9 million more annually.
Uquidity
Cash across the city's major operating funds totaled S65 million, or 80% of fiscal 2021 operating revenue.
Debt, pensions and OPER: heightened leverage because of capital borrowing and participation in state retirement plans
The city's overall leverage will remain somewhat above average for the Aaa rating category. Inclusive of the Series 2022 bonds, net
direct debt is 1.1% of full value and 0.8x fiscal 2021 operating revenue. While officials report additional GO borrowing plans, leverage
will not increase significantly because of rapid amortization of outstanding principal. Debt service expenditures totaled $14.7 million, or
18% of fiscal 2021 operating revenue.
Moody's three-year average adjusted net pension liability (ANPL) for the city totals $168 million, or 2.1x fiscal 2021 operating revenue
and 2.3% of full value. The city's retiree healthcare (OPEB) burden is modest. The city's Moody's adjusted net OPER liability totaled a
modest $9.3 million as of fiscal 2021, representing less than 0.1x operating revenue.
Fixed costs associated with the city's debt service and retirement contributions are above average and consumed roughly 25% of fiscal
2021 operating revenue. The relatively high fixed costs are largely because of the city's rapid principal payout (at[ GO debt is scheduled
to mature within 10 years). Additionally, the city benefits from unlimited levies for debt service and employee benefits, which help
mitigate the risk of heightened fixed costs.
Legal security
The city's GOULT debt is backed by a dedicated property tax levy that is levied on all taxable property within the city, without
limitation as to rate or amount, to pay debt service.
Debt structure
All of the city's debt is fixed rate and long term. Amortization is rapid with 100% of principal to retire within the next 10 years.
Debt -related derivatives
The city does not have any debt -related derivative agreements.
Pensions and OPER
Iowa City participates in two defined benefit multiple -employer cost-sharing plan, the Iowa Public Employees' Retirement System
(IPERS) and Municipal Fire and Police Retirement System of Iowa (MFPR51). On an annual basis, the plan establishes local government
retirement contributions as a share of annual payroll based on actuarial requirements. The city has routinely made its full required
contributions.
The city manages a single -employer health benefit plan which provides medicallprescription drug benefits for employees, retirees and
their spouses. Retirees under 65 pay the same premium as active employees, resulting in an implicit rate subsidy.
26 April 2022 Iowa City (City of) IA: Update to credit analysis
ESG considerations
Environmental
Environmental factors will have a limited impact on the city's credit profile. Data from Moody's ESG Solutions indicate that Johnson
County has relatively high exposure to heat stress compared to counties nationally. Rising temperatures could affect the region's
agricultural production over the long-term, but we expect near term challenges will be mitigated by the strength and diversity of local
economy.
Iowa City continues to be a national leader on climate action and mitigation. The city has three dedicated full-time staff members
working on sustainability issues and levies $0.20 of its emergency levy for environmental projects.
Social
Social factors are a consideration for the city. The city's population growth has been strong over the last few decades and the city's
median age is below the state and national figures largely because of the presence of the University of Iowa. As of February 2022,
unemployment in Johnson County (2.3%) was favorable to the state (3.5%) and the nation (4.1%).
Governance
Iowa City's management team is considered strong, as demonstrated by its long-term commitment to maintaining very healthy
reserves and formal financial and debt policies. Management has a formal policy to maintain an unreserved general fund balance of no
less than 25% of annual expenditures. Management also maintains a five year capital improvement program for capital planning.
Iowa cities have an institutional framework score i of "Aaa," which is very strong. Even with property tax caps on general and
emergency levies, cities have strong revenue -raising flexibility because of various additional levies, including an unlimited levy for
employee benefits. Unpredictable revenue Fluctuations tend to be minor given the stability of the sector's primary revenue source,
which are property taxes. Expenditures mostly consist of personnel costs, which are highly predictable. Iowa's public employee
collective bargaining law limits the scope of bargaining to base wages for non-public safety employees. Across the sector, fixed costs
are generally elevated and driven mainly by debt service.
4 26 April 2022 Iowa City (City of) IA: Update to credit analysis
Rating methodology and scorecard factors
The US Local Government General Obligation Debt methodology includes a scorecard, a tool providing a composite score of a local
government's credit profile based on the weighted factors we consider most important, universal and measurable, as well as possible
notching factors dependent on individual credit strengths and weaknesses. Its purpose is not to determine the final rating, but rather to
provide a standard platform from which to analyze and compare local government credits.
Exhibit 2
Iowa City (City of) IA
Rating Fallon
Measure Scare
Economy/Tar Base (30%)[1]
Aga
Tax Base Size: Full Value (in 000s)
$7,250,658 All
_ _ _
Full Value Per Capita
$95,593 Aa
Median Family Income (% of US Median)
1076% Aa
Notching factors:[2]
Aaa
Institutional presence
Up
5 -Year Dollar Change in Fund Balance as %of Revenues
Cash Balance as a % of Revenues
5 -Year Dollar Change in Cash Balance as % of Revenues
Management (20%)
Institutional Framework
Operating History: 5 -Year Average of Operating Revenues / Operating Expenditures
Debt and Pensions (20%)
Net Direct Debt / Full Value (%)
Net Direct Debt / Operating Revenues (x)
3 -Year Average of Moody's Adjusted Net Pension Liability / Full Value (%)
3 -Year Average of Moody's Adjusted Net Pension Liability / Operating Revenues (x)
[11 Economy measures are based on dam from the most recent year available.
121 Notching Factors are specifically defined in the US local Govemmene General Obligation Debt methodology.
[31 Standardized adjustments are outlined in the GO Methodology Scorecard Inputs publication.
sources US Census Bureau. Iowa City i financial statements and Moody's Investor Service
118.5%
Aaa
41.5%
Aga
79.9%
Aga
7.5%
A
Aaa Aaa
1.1x Aaa
1.1%
Aa
lox
A
2.3%
A
21x
A
Scorecard -Indicated Outcome
Aaa
Assigned Rating
Aaa
Endnotes
1 The institutional framework score assesses a municipality's legal ability to match revenues with expenditures based on its constitutionally and legislatively
conferred powers and responsibilities. See US Local Government (General Obligation Debt (July 2020) methodology report for more details.
Iowa City (City of( IA. Update to credit analysis
MOODY'S INVESTORS SERVICE U.S. PUBLIC FINANCE
__Moody's CorpumJun, Moody's ovesoors qviv ear., Moody s Analyv, 1,� I I Im.,nd alfilleresk I•. I ,-.rved
CREDIT RATINGS ISSUED BY MOODY'S CREDIT RATINGS AFFILIATES ARE THEIR CURRENT OPINIONS OF THE RELATIVE FUTURE CREDIT RISK OF ENTITIES, CREDIT
COMMITMENTS, OR DEBTOR DEBT -LIKE SECURITIES, AND MATERIALS, PRODUCTS, SERVICES AND INFORMATION PUBLISHED BY MOODY'S (COLLECTIVELY,
-PUBLICATIONS") MAY INCLUDE SUCH CURRENT OPINIONS. MOODY'S DEFINES CREDIT RISK AS THE RISK THAT AN ENTITY MAY NOT MEET ITS CONTRACTUAL
FINANCIAL OBLIGATIONS AS THEY COME DUE AND ANY ESTIMATED FINANCIAL LOSS IN THE EVENT OF DEFAULT OR IMPAIRMENT, SEE APPLICABLE MOODY'S
RATING SYMBOLS AND DEFINITIONS PUBLICATION FOR INFORMATION ON THE TYPES OF CONTRACTUAL FINANCIAL OBLIGATIONS ADDRESSED BY MOODY's
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Speen Financial, Inc.
INDEPENDENT Mt]II ]PAL ADVISORS • ESTABLISHED1954
,1 ITE 608 • 531 COMMERCIAL STREET • WATERLOO, IOWA 50701 • (319) 291-2077 • FAX (319) 291-8628
Investment Rating:
Moody's Investors Service ... Aaa
$10,255,000
CITY OF IOWA CITY
Johnson County, Iowa
General Obligation Bonds, Series 2022
Date of Sale: May 3, 2022
Average Life: 5.353 Years
(Based on TIC)
The Baker Group, LP 104.177% 2023-2028 5.000% 3.0586%
Babylon, New York $10,683,421.00 2029 4.000% $1,712,379
2030-2032 3.000%
Middlegate Securities
'Syndicate injormotion is provided by the underwriter The information contained in this report is the most current available.
"'The true interest rate reflects the time value of money where dollars spent in early years have a greater weight than dollars spent in later years.
True
Bidders'
Price Maturities
Rate
Interest"
Morgan Stanley & Co. LLC.
105.220% 2023-2028
5.000%
2.9355%
New York, New York
$10,790,326.10 2029
4.000%
$1,657,261
2030
3.000%
2031
3.250%
2032
3.300%
Raymond James & Associates, Inc.
Ziegler
UBS Financial Services, Inc.
Alamo Capital WMBE
FHN Financial Capital Markets
R. Seelaus & Co., LLC WMBE
Ramirez & Co., Inc.
American Veterans Group, PBC SDVOB
Robert W. Baird & Co., Inc.
104.579% 2023-2028
5.000%
2.9697%
Milwaukee, Wisconsin
$10,724,584.14 2029
3.000%
$1,669,273
2030
3.200%
2031
3.250%
2032
3.300%
Hilltop Securities, Inc.
105.509% 2023-2028
5.000%
2.9882%
Dallas, Texas
$10,819,985.40 2029-2030
4.000%
$1,691,108
2031
3.125%
Benchmark Securities
2032
3.250%
The Baker Group, LP 104.177% 2023-2028 5.000% 3.0586%
Babylon, New York $10,683,421.00 2029 4.000% $1,712,379
2030-2032 3.000%
Middlegate Securities
'Syndicate injormotion is provided by the underwriter The information contained in this report is the most current available.
"'The true interest rate reflects the time value of money where dollars spent in early years have a greater weight than dollars spent in later years.
Speer Financial, Inc.
CITY OF IOWA CITY, IOWA
$10,255,000 General Obligation Bonds, Series 2022
*** FINAL ***
Debt Service Schedule
Date Principal
Coupon
Interest
Total P+I
Fiscal Total
06/01/2022 -
-
-
-
-
12/01/2022 -
-
224,413.75
224,413.75
-
06/01/2023 1,315,000.00
5.000%
224,413.75
1,539,413.75
1,763,827.50
12/01/2023 -
-
191.538.75
191,538.75
-
06/012024 995,000.00
5.000°/
191,538.75
1,186,538.75
1378,077.50
12/012024 -
-
166,663.75
166,663.75
-
06/01/2025 995,000.00
5.000%
166,663.75
1,161,663.75
1,328,327.50
12/01/2025 -
-
141,788.75
141,788.75
-
06/012026 995,000.00
5.000°/
141,788.75
1,136,788.75
1,278.577.50
12/012026
116,913.75
116,913.75
06/012027 995,000.00
_
5.000% -
116,913.75
1,111,913.75
1,228.827.50
12/012027 -
-
92,038.75
92,038.75
-
Gall 06/012028 995,000.00
5.000°/,
92,038.75
1,087,038.75
1,179,077.50
12/01/2028 -
-
67,163.5
67.163.75
-
06/01/2029 995,000.00
4.000%
67,163.75
1,062,163.75
1,129,327.50
12/012029 -
-
47,263.75
47,263.75
-
06/012030 995,000.00
3.000°0
47,263.75
1.042,263.75
1,089,527.50
12/012030 -
-
32,338.75
32.338.75
-
06/01/2031 995.000.00
3.250%
32,338.75
1,027,338.75
1,059,677.50
12/012031
16,170.00
16,170.00
06/01/2032 980,000.00
3.3000/6
16,170.00
996,170.00
1,012340.00
Total 510,255,000.00
- 52,192,587.50
512,147,587.50
-
Yield Statistics
Bond Year Dollars
554.895.00
Avenge Life
5.353 Yeats
Avenge Coupon
3.9941479%
Net Interest Cost (NIC)3.0189660°/
-
- _ —
----
-
Tne Interest Cost (TIC) - -- _ -
_--
2.9353980%
Bond Yield for Arbitrage Purposes
2.88356890/.
All Inclusive Coss (AIC)
3.0807852%
IRS Form 8038
Net Intemm Can
2.8583112%
Weighted Average Maturity
5.309 Years
22b 01Y 510 255 GO F I SINGLE PURPOSE 15/ YM2
1 1145"
I
Speer Financial, Inc.
Registered Municipal Advisor
I+.
May 3, 2022
The Finance Director of the City of Iowa City, State of Iowa, met in City Hall, 410 E.
Washington, Iowa City, Iowa, at 11:00 A.M., on the above date, to open sealed bids received,
access electronic bids and to refer the sale of the Bonds to the best and most favorable bidder for
cash, subject to approval by the City Council at 6:00 P.M. on the above date.
The following persons were present:
Nicole Davies Jacklyn Fleagle Maggie Burger
This being the time and place for the opening of bids for the sale of $10,255,000*
(Subject to Adjustment per Terms of Offering) General Obligation Bonds, Series 2022, the
meeting was opened for the receipt of bids for the Bonds. The following actions were taken:
Sealed bids were filed and listed in the minutes while unopened, as follows:
Name & Address of Bidders:
(Attach List of Bidders)
None.
2. The Finance Director then declared the time for filing of sealed bids to be closed and that
the sealed bids be opened. The sealed bids were opened and announced.
3. Electronic bids received were accessed and announced as follows:
Name & Address of Bidders:
(Attach List of Bidders)
Morgan Stanley & Co., LLC, New York, New York
Robert W. Baird & Co., Inc., Milwaukee, Wisconsin
Hilltop Securities, Inc., Dallas, Texas
The Baker Group, LP, Babylon, New York
4. The best bid was determined to be as follows:
Name & Address of Bidder: Morgan Stanley & Co., LLC, New York, New York
True Interest Rate (as -bid): 2.9355%
Net Interest Cost (as -bid): $1,657,261.00
In consultation with Speer Financial, the City's Municipal Advisor, the City considered
the adjustment of the aggregate principal amount of the Bonds and each scheduled maturity
thereof in accordance with the Terms of Offering and the following actions were taken:
Final Par Amount as adjusted: $10,255,000.00
Purchase Price as adjusted: $10,790.326.10
All bids were then referred to the Council for action.
May 3, 2022
The City Council of the City of Iowa City, State of Iowa, met in regular
session, in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 6:00
P.M., on the above date. There were present Mayor Teague , in the chair, and the
following named Council Members:
Alter, Bergus, Harmsen, Taylor, Teague, Thomas, Weiner
Absent: None
Vacant: None
4
Council Member Bergus introduced the following Resolution entitled "Resolution
Directing Sale Of $10,255,000* (Subject To Adjustment Per Terms Of Offering) General
Obligation Bonds, Series 2022," and moved its adoption. Council Member Weiner seconded the
motion to adopt. The roll was called and the vote was,
AYES: Alter, Bergus, Harmsen, Taylor, Teague, Thomas, Weiner
NAYS: None
Whereupon, the Mayor declared the following Resolution duly adopted:
Resolution 22-121
Resolution Directing Sale Of $10,255,000* (Subject To
Adjustment Per Terms Of Offering) General Obligation Bonds,
Series 2022
WHEREAS, bids have been received for the Bonds described as follows and the best bid
received (with permitted adjustments, if any) is determined to be the following:
$10,255,000* (Subject To Adjustment Per Terms Of Offering)
General Obligation Bonds, Series 2022
Bidder: Morgan Stanley & Co., LLC. of New York, New York
The terms of award:
Final Par Amount as adjusted: $10,255.000.00
Purchase Price as adjusted: 510,790,326.10
True Interest Rate: 2.9355%
Net Interest Cost: $1,657,261.00
Now, Therefore, Be It Resolved By The City Council Of The City Of Iowa City, State Of
Iowa:
Section 1. That the bid for the Bonds as above set out is hereby determined to be the best
and most favorable bid received and, the Bonds are hereby awarded as described above.
Section 2. That the statement of information for Bond bidders and the form of contract
for the sale of the Bonds are hereby approved and the Mayor and Clerk are authorized to execute
the same on behalf of the City.
Section 3. That the notice of the sale of the Bonds heretofore given and all acts of the
Clerk done in furtherance of the sale of the Bonds are hereby ratified and approved.
Passed and Approved this 3rd day of May, 2022.
Attest:
JJ
City Clerk
0
yo
or
Certificate
State of Iowa )
) SS
County of Johnson )
I, the undersigned City Clerk of the City of Iowa City, State of Iowa, do hereby certify
that attached is a true and complete copy of the portion of the records of the City showing
proceedings of the Council, and the same is a true and complete copy of the action taken by the
Council with respect to the matter at the meeting held on the date indicated in the attachment,
which proceedings remain in full force and effect, and have not been amended or rescinded in
any way; that meeting and all action thereat was duly and publicly held in accordance with a
notice of meeting and tentative agenda, a copy of which was timely served on each member of
the Council and posted on a bulletin board or other prominent place easily accessible to the
public and clearly designated for that purpose at the principal office of the Council pursuant to
the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable
advance notice to the public and media at least twenty-four hours prior to the commencement of
the meeting as required by law and with members of the public present in attendance; I further
certify that the individuals named therein were on the date thereof duly and lawfully possessed of
their respective City offices as indicated therein, that no Council vacancy existed except as may
be stated in the proceedings, and that no controversy or litigation is pending, prayed or
threatened involving the incorporation, organization, existence or boundaries of the City or the
right of the individuals named therein as officers to their respective positions.
WITNESS my hand and the seal of the Council hereto affixed this 3rd day of
May , 2022. `'
C
City Clerk, City of to �� City, State of Iowa
(Seal)
02040146-1 X10714-139
$10,255,000
City of Iowa City, Johnson County, Iowa
General Obligation Bonds, Series 2022
Best AON Bidder: Best AON TIC:
Morgan Stanley 2.935598%
Coupon
5.000%
5.000%
5.000%
5.000%
5.000%
5.000%
4.000%
3.000%
3.250%
3.300%
SpeerAuction Interest Cost Calculations
for informational purposes onl
nenau
Principal
Sinker/
Due Amount '
Term
Jun 1,2023 $1,315,000
Serial
Jun 1, 2024 $995,000
Serial
Jun 1, 2025 $995,000
Serial
Jun 1, 2026 $995,000
Serial
Jun 1, 2027 $995,000
Serial
Jun 1, 2028 $995,000
Serial
Jun 1, 2029 $995,000
Serial
Jun 1. 2030 $995,000
Serial
Jun 1, 2031 $995,000
Serial
Jun 1, 2032 $980,000
Serial
Purchase Price: $10,790,326.10
Spread: $1.69034
Time Submitted: May 3, 2022 at
11:59:26 AM EDT
Coupon
5.000%
5.000%
5.000%
5.000%
5.000%
5.000%
4.000%
3.000%
3.250%
3.300%
SpeerAuction Interest Cost Calculations
for informational purposes onl
Issue Size
$10,255,000
Gross Interest
$2,192,587.50
Pitts Discount/(Less Premium)
535,326.10)
Total Interest Cost
$1,657,261.40
rue Interest Rate
2.935598%
Bond Years
54,895.00
total
vera a Life
5.353 Years
Firm: Morgan Stanley
Preliminary, subject to change
The foregoing bid as submitted or as revised post sale, if appropriate, was accepted and the
Securities sold by action of this Board, and receipt is hereby acknowledged of the good faith
Deposit, if any, which is being held in accordance with the terms of the annexed Official Notice
of Sale.
Signature:
Title:
Item Number: 15.
1 CITY OF IOWA CITY
��.:. -dry
in � at
COUNCIL ACTION REPORT
May 3, 2022
Resolution adopting an assessment schedule of unpaid mowing, clean-up of
property, snow removal, sidewalk repair, and stop box repair charges and
directing the Clerk to certify the same to the Johnson County Treasurer for
collection in the same manner as property taxes.
Prepared By: Kellie K. Fruehling, City Clerk
Reviewed By: Sue Dulek, Assistant City Attorney
Fiscal Impact: No impact
Recommendations: Staff: Approval
1 •1 u • " ► /G1
Attachments: Resolution w/ Exhibits A and B
Executive Summary:
This resolution is to adopt an assessment schedule for unpaid mowing, property clean-up, snow
removal, sidewalk repair, and stop box repair.
Background /Analysis:
The City has the authority under Iowa Code §364.13B to assess the nuisance abatement costs in
the same manner as a property tax. This resolution allows the City Clerk to certify to the Johnson
County Treasurer the abatement cost to be assessed against the property. This assessment is
being pursued only after the City took many steps to resolve the matter. The City notified the
owners to abate the nuisance (for example, to remove snow from the sidewalk) and after the
owner did not take action to abate the nuisance, the City abated the nuisance and billed the owner.
After being billed at least twice, these owners, with the exception of the owner of 91 Commercial
Dr., still have not paid the abatement costs. The City has sent a letter to the homeowner giving
them notice that this resolution would be on the agenda, a copy of which is attached to the
resolution. No interest will be charged if the owner pays within 30 days of the first required
publication. Attached as an exhibit to the resolution is a list of the properties that will be assessed
and the amount that will be assessed.
I n 2020 the Court authorized the City to construct a fence between the property at 91 Commercial
Dr., where Hawkeye Waste is located, and Cole's Mobile Home Court to the south and to assess
the costs against 91 Commercial Dr. Because the owner of 91 Commercial Dr. has been making
regular payments, staff did not recommend assessing the property. However, 91 Commercial Dr.
has been sold at tax sale for failure to pay property taxes, and the owner has until mid-June 2022
to redeem. If the owner does not do so, a tax deed will be issued to the entity that holds the tax
sale certificate. Staff has attempted to contact the owner without success to inquire whether it
intends to redeem. If the property is assessed prior to the deadline to redeem, the City will be
assured of recouping the outstanding balance if the owner does not redeem. If the owner does
redeem and continues to make payments, the City can take steps to terminate the assessment.
ATTACHMENTS:
Description
Resolution
Exhibit A
Exhibit B
M
Prepared by: Kellie Fruehling, 410 E. Washington St., Iowa City, IA 52240-319-356-5040
RESOLUTION NO. 22-122
Resolution adopting an assessment schedule of unpaid mowing, clean-up
of property, snow removal, sidewalk repair, and stop box repair charges
and directing the Clerk to certify the same to the Johnson County Treasurer
for collection in the same manner as property taxes.
Whereas, the City Clerk has filed with the City Clerk an assessment schedule providing the
amount to be assessed against certain lots for the actual unpaid abatement costs of mowing,
cleaning up property, removing snow, repairing sidewalks, and repairing stop boxes in the same
manner as property taxes;
Whereas, said schedule is attached as Exhibit A to this resolution and incorporated herein by
this reference;
Whereas, Iowa Code § 364.138 authorizes the City Council to assess against the property said
abatement costs in the same manner as property taxes; and
Whereas, the City Council finds that the property owners listed in Exhibit A have received a
written notice of the date and time of the public hearing on the adoption of said assessment
schedule, in substantially the same form attached hereto as Exhibit B.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa:
Exhibit A is adopted as the final assessment schedule pursuant to Iowa Code § 384.60(1).
The amounts listed in Exhibit A for unpaid mowing charges, clean-up property charges, snow
removal charges, sidewalk repair charges and stop box repair charges are confirmed and levied
against the properties listed in Exhibit A.
All unpaid assessments not paid within thirty (30) days after the first publication of the final
assessment schedule shall bear interest at the rate of 9% per annum, commencing on June 16,
2022.
Assessments are payable at Johnson Country Treasurer, 13 South Dubuque Street, Iowa City,
Iowa. Until June 15, 2022 payment may be made at the City Clerk, 410 E. Washington Street,
Iowa City, Iowa.
The City Clerk is hereby directed to certify the schedule as set out in Exhibit A to the Treasurer
of Johnson County, Iowa for collection in the same manner as property taxes. The assessment
cannot be paid in installments.
The City Clerk is further directed to publish notice of the schedule once each week for two
consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which
shall be not more than fifteen (15) days from the date of filing of the final assessment schedule.
Passed and approved this -i,,3 day of
M
ATTEST: u , G'
City Clerk
2022.
Approved by
City Attorney' Office
(Sue Dulek — 04728122)
It was moved by Thomas and seconded by sergus the Resolution be
adopted, and upon roll call there was:
AYES
x
x
x
x
x
x
x
sue\Ord&Res W bateRes.doc
NAYS: ABSENT:
Alter
Bergus
Harmsen
Taylor
Teague
Thomas
Weiner
I�\N11 01
CITY OF IOWA CITY ASSESSMENT SCHEDULE OF UNPAID WEED REMOVAL, SIDEWALK REPAIR, SNOW REMOVAL, STOP BOX REPAIR, AND PROPERTY CLEANUP
Parcel
PPra s
mice s
Date o
0 o
a ance
Property Address
Legal Description
Number
Value
Pro a Owner
Rendered
Services
Service
Invoice #
Outstanding
A
911 E IOWA AVE
GOVERNOR SQUARE E 80' OF W 160' OF N 160'
1010416003
$ 372 540.00
CONSTANTINE
Sidewalk Repair
1211/2021
457.49
89100
$ 457.49
ORR ONFLY
722 E IOWA AVE
IOWA C1TY ORIGINAL TOWN W 50' LOT 7 BLK 19
1010411016
184 670.00
PROPERTIES III
Sidewalk Repair
11123/2021
$ 908.40
89003
$ 908.40
R C R L W N W 40 5 1 LJOHNSON
528 E IOWA AVE
& W 13' OF N 46' LOT 8 BLK 39
1010434005
319,28D.00
PROPERTIES LLC
Sidewalk Repair
11/23/2021
$ 196.07
89015
196.07
COR LOT 7 ELK 2; N 148'; E 2 2/3; N 12'; E 512/3'; S
PARK WICHERT,
824 E COLLEGE ST
160'; W 64' TO BEG
1010479009
286 380.00
MARY MARTHA
Sidewalk Repair
12/6/2021
$ 250.75
89189
250.75
I
EXHIBIT B I
Im
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Will
CITY OF IOWA CITY
410 East Washington Street
Iowa City. Iowa 52240-1826
(319)356-5000
April 26, 2022 (3 19) 356-5009 FAX
www.lcgov.org
<(Property_Owner»
<<Mailing_Address»
<(City>>, <<State)>, «Zip>>
Dear Property Owner:
This is to notify you that the City Council will be considering a resolution on May 3, 2022
that will assess against your property the cost that the City has incurred to do one of the
following: unpaid mowing, clean-up of property, snow removal, sidewalk repair, or stop
box repair charges. Enclosed for your information is a copy of the bill. If the City
Council approves the assessment against your property, the amount will be collected by
the Johnson County Treasurer in the same manner as a property tax.
The City Council meeting begins at 6:00 pm and is held at Harvat Hall, City Hall, 410 E.
Washington St., Iowa City, Iowa. If you want to challenge the assessment, you are
advised to come to the City Council meeting. You may also submit a letter or email to
the City Council. The mailing address is: City Council, % City Clerk, 410 E.
Washington St., Iowa City, IA 52240 and the email address is council(cDiowa-city.org
Please note that all communication with City Council is a public record.
If you pay the amount due in full before the City Council meeting, the resolution will not
include an assessment against your property. You can make the payment by mailing
or coming in person to the City Clerks office, 410 East Washington Street,
between the hours of 8:00 a.m. and 5:00 p.m. If property is assessed and the
amount is not paid within the specified 30 days, interest will accrue at a rate set by the
City Council.
If you have any questions about the resolution, please contact my office at 356-5043.
Sincerely,
Kellie Fruehling
City Clerk
Enc.
Copy to: Accounting Division -w/o enc.