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2022-05-17 Resolution
Item Number: 6.b. 46,, CITY OF IOWA CITY � COUNCIL ACTION REPORT May 17, 2022 Resolution Amending and Adopting FY2022 Inter -fund Transfers. Prepared By: Jacklyn Fleagle, Assistant Finance Director Reviewed By: Geoff Fruin, City Manager Nicole Davies, Finance Director Fiscal Impact: Adopted as part of the FY2022 Amended Budget Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: The Iowa Department of Management has administrative rules regarding the handling of inter -fund transfers. All inter -fund transfers are required to be adopted by resolution by the City Council. The proposed inter -fund transfers are also being adopted as part of the Fiscal Year 2022 Amended Budget. Background /Analysis: In April 2019, the Iowa Administrative Code incorporated regulations surrounding the management of inter -fund transfers. In addition to being adopted as part of the budget, which is subject to a public hearing, inter -fund transfers are required to be approved by the City Council by resolution. Each transfer must include the fund sending the transfer, the fund receiving the transfer, the amount of the transfer, and the reason for the transfer. These rules took effect in May 2019. ATTACHMENTS: Description Resolution Prepared by: Jacklyn Fleagle, Assistant Finance Director, 410 E. Washington St., Iowa City, IA 52240, (319)356-5063 Resolution No. 2-123 Resolution Amending and Adopting FY2022 Inter -fund Transfers Now therefore, be it resolved by the City Council of the City of Iowa City, Iowa that the City of Iowa City, in Johnson County, Iowa, approves the following transfer of monies between funds in accordance with the Administrative Code of the State of Iowa. The City Finance Director is hereby authorized to initiate and record the listed inter -fund transfers up to the amounts set out below. Transfer Out Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund CDBG Fund Road Use Tax Fund Road Use Tax Fund Road Use Tax Fund Road Use Tax Fund Employee Benefits Employee Benefits Emergency Levy Fund Affordable Housing Fund Tax Increment Financing Tax Increment Financing Tax Increment Financing Parking Fund Parking Fund Parking Capital Reserve Transit Fund Transit Fund Wastewater Fund Wastewater Fund Wastewater Capital Reserve Wastewater Capital Projects Water Fund Water Fund Water Capital Reserve Landfill Fund Landfill Fund Landfill Fund Airport Capital Reserve Transfer In Fund Cable TV Equipment Reserve Facility Reserve Wastewater Fund Water Fund Refuse Collection Fund Storm Water Fund Capital Projects Airport Fund MPOJC Fund Affordable Housing Fund Library Replacement Reserve Debt Service Fund Transit Fund TIF Fund Landfill Fund Other Shared Revenues Capital Projects Capital Projects Landfill Fund General Fund MPOJC Fund General Fund Road Use Tax Fund Capital Projects General Fund General Fund Capital Projects Debt Service Landfill Fund Parking Capital Reserve Parking Capital Projects Transit Capital Projects Transit Bus Reserve Wastewater Debt Reserve Wastewater Capital Reserve Wastewater Capital Projects Wastewater Fund Water Debt Reserve Water Capital Reserve Water Capital Projects Landfill Reserves Landfill Capital Projects Parking Capital Projects Airport Capital Projects Original Amended Reason Amount Amount Equipment Reserve 510,000.00 $10,000.00 Reserve Transfer $1,000,000.00 $5,000,000.00 Low Income Discount Donations 52,300.00 $2,300.00 Low Income Discount Donations $2,000.00 52,000.00 Low Income Discount Donations $6,500.00 56,500.00 Low Income Discount Donations 51,200.00 $1,200.00 CIP funding 51,358,470.00 51,408.470.00 CIP funding 5100,000.00 $100,000.00 Operating funding $71,789.00 $71,789.00 Operating Funding 51,000,000.00 $1,000,000.00 Equipment Reserve $62,422.00 $62,422.00 Aniston Village Loan Pmt $20,052.00 520,052.00 Transit Levy Transfer $4,142,112.00 $4,142,112.00 Hilton Garden Inn Rebate Transfer 5154,000.00 $154,000.00 Loan Repayment $111,842.00 $111,642.00 Grant matching $0.00 535,536.00 CIP funding 588,000.00 $88,000.00 CIP funding 52,797,000.00 $2,832,000.00 Loan Repayment 574,561.00 $74,561.00 Forestry Cost Share $90,795.00 $90,795.00 Cost share 5340,582.00 5340,582.00 Employee benefits $12,519,760.00 $12,519,760.00 Employee benefits 5631,319.00 $631,319.00 CIP funding $100,000.00 $350,000.00 Reimbursement of expenditures $0.00 $1,520,000.00 Loan Repayment 542,540.00 $42,540.00 TIF pre -certification expenditures $18,191.00 $2,020,905.00 Debt payments $1,792,538.00 $1,803,256.00 Loan Repayment 5277,535.00 5277,535.00 Reserve Transfer $890,000.00 51,090,000.00 CIP funding 5890,000.00 51090.000.00 CIP funding $0.00 $120,000.00 Reserve Transfer $885,433.00 $885,433.00 Debt payments $1,178,495.00 51,178,495.00 Reserve Transfer $2,500,000.00 52,500,000.00 CIP funding 52,358,000.00 $2,474,000.00 Loan Repayment $0.00 $425,000.00 Debt payments 51,879,237.00 $1,879,237.00 Reserve Transfer $1,300,000.00 51,300,000.00 CIP funding 5890,000.00 $1,281,000.00 Closure/Replacement funding $897,471.00 $897,471..00 CIP funding $685,000.00 $838,800.00 Interfund Loan $0.00 $1,000,000.00 CIP funding $32,500.00 $81,063.00 Resolution No. 22-123 Page.2 Storm Water Fund Storm Water Capital Reserve Housing Authority Fund Storm Water Capital Reserve Storm Water Capital Projects General Fund Reserve Transfer CIP funding PILOT/NDS Director cost share $1,500,000.00 $1,490,000.00 $51,836.00 Passed and approved this 17th day of May , 2022 May It was moved by Taylor adopted, and upon roll call there were: Approved by $1,500,000.00 $1,625,000.00 $51,836.00 City Atto ey's Office — 05/11/22 and seconded by Thomas the Resolution be Ayes: Nays: Absent: x Alter x Bergus Harmsen Taylor Teague Thomas Weiner Item Number: 6.c. 1 4CITY OF IOWA CITY !kr4gi,'��� COUNCIL ACTION REPORT May 17, 2022 Resolution Authorizing and Providing For The Issuance Of $10,255,000 General Obligation Bonds, Series 2022, And Levying A Tax To Pay Said Bonds; Approval Of The Tax Exemption Certificate And Continuing Disclosure Certificate. Prepared By: Jacklyn Fleagle, Assistant Finance Director Reviewed By: Nicole Davies, Finance Director Geoff Fruin, City Manager Fiscal Impact: Adopted as part of the FY2022 Revised Budget and 2022-2026 Capital Improvement Program Recommendations: Staff: Approval Commission: N/A Attachments: Tax Exemption Certificate Continuing Disclosure Certificate for the Series 2022 GO Bonds Resolution Authorizing Issuance Executive Summary: On the May 17 City Council agenda, there are two separate resolutions for the City Council to consider in order to complete the sale of the 2022 General Obligation Bonds. The first resolution appoints US Bank as the registrar and paying agent for the 2022 General Obligation Bonds and authorizes the execution of an agreement with them for these services. The second resolution approves the tax exemption certificate, the continuing disclosure certificate and authorizes the issuance of the 2022 General Obligation Bonds. The resolution also amends the tax levy requirements needed for the repayment of the bonds. Background /Analysis: On May 3, 2022, the City sold the 2022 General Obligation Bonds at a par amount of $10,255,000. The City received four bids on the 2022 General Obligation Bonds from Morgan Stanley, Robert W. Baird & Company, Hilltop Securities, and The Baker Group, LP. The lowest true interest rate bid was received from Morgan Stanley of New York, New York at 2.9355% and a price of $10,790,326.10. The 2022 General Obligation Bonds are 10 -year bonds that mature in 2032. ATTACHMENTS: Description Fax Exemption Certificate Continuing Disclosure Certificate Resolution Authorizing Issuance Items to Include on Agenda City of Iowa City, Iowa $10,255,000 General Obligation Bonds, Series 2022 Resolution authorizing and providing for the issuance, and levying a tax to pay the Bonds; Approval of the Tax Exemption Certificate and Continuing Disclosure Certificate. Notice Must Be Given Pursuant to Iowa Code Chapter 21 and the Local Rules of the City. Council Member Taylor introduced the following Resolution entitled "Resolution Authorizing and Providing For The Issuance Of $10,255,000 General Obligation Bonds, Series 2022, And Levying A Tax To Pay Said Bonds; Approval Of The Tax Exemption Certificate And Continuing Disclosure Certificate" and moved that it be adopted. Council Member Thomas seconded the motion to adopt, and the roll being called thereon, the vote was as follows: AYES: Alter, Bergus, Harmsen,Taylor, Teague, Thomas Weiner NAYS: None_ Whereupon, the Mayor declared said Resolution duly adopted as follows: Resolution 22-124 Resolution Authorizing and Providing For The Issuance Of $10,255,000 General Obligation Bonds, Series 2022, And Levying A Tax To Pay Said Bonds; Approval Of The Tax Exemption Certificate And Continuing Disclosure Certificate Whereas, the Issuer is duly incorporated, organized and exists under and by virtue of the laws and Constitution of the State of Iowa; and Whereas, the Issuer is in need of fimds to pay costs of the opening, widening, extending, grading and drainage of the right-of-way of streets, highways, avenues, alleys, and public grounds; the construction, reconstruction, and repairing of any street and streetscape improvements, with related utility work, traffic control devices, lighting, sidewalks, and the acquisition of real estate for such purposes; and the rehabilitation and improvement of parks already owned, including facilities, equipment and improvements commonly found in city parks, essential corporate purpose(s), and it is deemed necessary and advisable that General Obligation Bonds, to the amount of Not to Exceed $8,900,000 be authorized for said purpose(s); and Whereas, pursuant to notice published as required by Section 384.25 of the Code of Iowa, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of the Bonds, and the Council is therefore now authorized to proceed with the issuance of said Bonds for such purpose(s); and Whereas, the City is in need of funds to pay costs of improvements to and equipping of the Senior Center facility, general corporate purpose(s), and it is deemed necessary and advisable that General Obligation Bonds, to the amount of Not to Exceed $700,000 be authorized for said purpose(s); and Whereas, the Issuer has a population of more than 5,000 but not more than 75,000, and the Bonds for these purposes do not exceed $700,000; and 3 Whereas, pursuant to notice published as required by Section 384.26 of the Code of Iowa, the Council of the City has held public meeting and hearing upon the proposal to institute proceedings for the issuance of Bonds for general corporate purpose(s) in the amounts as above set forth, and, no petition for referendum having been received, the Council is therefore now authorized to proceed with the issuance of said Bonds for such purpose(s); and Whereas, the City is in need of funds to pay costs of the acquisition, renovation, reconstruction and equipping of City Hall and the fire station; and costs of the acquisition, installation, improving and equipping of city facilities and buildings, including building automation systems, general corporate purpose(s), and it is deemed necessary and advisable that General Obligation Bonds, to the amount of Not to Exceed $700,000 be authorized for said purpose(s); and Whereas, the Issuer has a population of more than 5,000 but not more than 75,000, and the Bonds for these purposes do not exceed $700,000; and Whereas, pursuant to notice published as required by Section 384.26 of the Code of Iowa, the Council of the City has held public meeting and hearing upon the proposal to institute proceedings for the issuance of Bonds for general corporate purpose(s) in the amounts as above set forth, and, no petition for referendum having been received, the Council is therefore now authorized to proceed with the issuance of said Bonds for such purpose(s); and Whereas, pursuant to Section 384.28 of the Code of Iowa, it is hereby found and determined that the various general obligation Bonds authorized as hereinabove described shall be combined for the purpose of issuance in a single issue of $10,255,000 General Obligation Bonds as hereinafter set forth; and Whereas, pursuant to the provisions of Chapter 75 of the Code of Iowa, the above mentioned Bonds were heretofore sold at public sale and action should now be taken to issue said Bonds conforming to the terms and conditions of the best bid received at the advertised public sale. Now, Therefore, Be It Resolved By The City Council Of The City Of Iowa City, State Of Iowa: Section 1. Definitions. The following terms shall have the following meanings in this Resolution unless the text expressly or by necessary implication requires otherwise: • "Authorized Denominations" shall mean $5,000 or any integral multiple thereof. • "Beneficial Owner" shall mean, whenever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the records of such Participant or such person's subrogee. • "Blanket Issuer Letter of Representations" shall mean the Representation Letter from the Issuer to DTC, with respect to the Bonds. 4 "Bond Fund" shall mean the fund created in Section 3 of this Resolution. "Bonds" shall mean $10,255,000 General Obligation Bonds, Series 2022, authorized to be issued by this Resolution. • "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. "Continuing Disclosure Certificate" shall mean that certain Continuing Disclosure Certificate approved under the terms of this Resolution and to be executed by the Issuer and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. "Depository Bonds " shall mean the Bonds as issued in the form of one global certificate for each maturity, registered in the Registration Books maintained by the Registrar in the name of DTC or its nominee. "DTC" shall mean The Depository Trust Company, New York, New York, which will act as security depository for the Bond pursuant to the Representation Letter. "Issuer" and "City" shall mean the City of Iowa City, State of Iowa. "Participants" shall mean those broker-dealers, banks and other financial institutions for which DTC holds Bonds as securities depository. • "Paying Agent" shall mean U.S. Bank, National Association, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein as Issuer's agent to provide for the payment of principal of and interest on the Bonds as the same shall become due. • "Project" shall mean the costs of the opening, widening, extending, grading and drainage of the right-of-way of streets, highways, avenues, alleys, and public grounds; the construction, reconstruction, and repairing of any street and streetscape improvements, with related utility work, traffic control devices, lighting, sidewalks, and the acquisition of real estate for such purposes; and the rehabilitation and improvement of parks already owned, including facilities, equipment and improvements commonly found in city parks; improvements to and equipping of the Senior Center facility; and the acquisition, renovation, reconstruction and equipping of City Hall and the fire station; and costs of the acquisition, installation, improving and equipping of city facilities and buildings, including building automation systems. • "Project Fund" shall mean the fund required to be established by this Resolution for the deposit of the proceeds of the Bonds. 5 • "Rebate Fund" shall mean the fund so defined in and established pursuant to the Tax Exemption Certificate. • "Registrar" shall mean U.S. Bank, National Association of St. Paul, Minnesota, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein with respect to maintaining a register of the owners of the Bonds. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Bonds. • "Resolution" shall mean this resolution authorizing the Bonds. • "Tax Exemption Certificate" shall mean the Tax Exemption Certificate approved under the terms of this Resolution and to be executed by the Treasurer and delivered at the time of issuance and delivery of the Bonds. • "Treasurer" shall mean the Finance Director or such other officer as shall succeed to the same duties and responsibilities with respect to the recording and payment of the Bonds issued hereunder. Section 2. Levy and Certification of Annual Tax; Other Funds to be Used. a) Levy of Annual Tax. That for the purpose of providing funds to pay the principal and interest of the Bonds hereinafter authorized to be issued, there is hereby levied for each future year the following direct annual tax on all of the taxable property in the City of Iowa City, State of Iowa, to -wit: Fiscal Year (July 1 To June 30) Amount Year of Collection $1,545,000.00* 2022/2023* $1,378,077.50 2023/2024 $1,328,327.50 2024/2025 $1,278,577.50 2025/2026 $1,228,827.50 2026/2027 $1,179,077.50 2027/2028 $1,129,327.50 2028/2029 $1,089,527.50 2029/2030 $1,059,677.50 2030/2031 51,012,340.00 2031/2032 *A levy in the amount of 1,545,000 has been included in the budget previously certified and will be used together with available City funds to pay the principal and interest of the Bond corning due in fiscal year 2022/2023 in the amount of $1,763,827.50. 6 (NOTE: For example the levy to be made and certified against the taxable valuations of January 1, 2021 will be collected during the fiscal year commencing July 1, 2022.) b) Resolution to be Filed With County Auditor. A certified copy of this Resolution, which amends the Resolution authorizing the issuance and levying a tax for the payment thereof dated March 22, 2022, shall be filed with the Auditor of Johnson County, Iowa and the Auditor is hereby instructed in and for each of the years as provided, to levy and assess the tax hereby authorized in Section 2 of this Resolution, in like manner as other taxes are levied and assessed, and such taxes so levied in and for each of the years aforesaid be collected in like manner as other taxes of the City are collected, and when collected be used for the purpose of paying principal and interest on said Bonds issued in anticipation of the tax, and for no other purpose whatsoever. c) Additional City Funds Available. Principal and interest coming due at any time when the proceeds of said tax on hand shall be insufficient to pay the same shall be promptly paid when due from current funds of the City available for that purpose and reimbursement shall be made from such special fund in the amounts thus advanced. Section 3. Bond Fund. Said tax shall be assessed and collected each year at the same time and in the same manner as, and in addition to, all other taxes in and for the City, and when collected they shall be converted into a special fund within the Debt Service Fund to be known as the "2022 General Obligation Bond Fund No. 1" (the "Bond Fund"), which is hereby pledged for and shall be used only for the payment of the principal of and interest on the Bonds hereinafter authorized to be issued; and also there shall be apportioned to said fund its proportion of taxes received by the City from property that is centrally assessed by the State of Iowa. Section 4. Application of Bond Proceeds. Proceeds of the Bonds, other than accrued interest except as may be provided below, shall be credited to the Project Fund and expended therefrom for the purposes of issuance. Any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the Bonds at any time that other funds shall be insufficient to the purpose, in which event such funds shall be repaid to the Project Fund at the earliest opportunity. Any balance on hand in the Project Fund and not immediately required for its purposes may be invested not inconsistent with limitations provided by law or this Resolution. Section 5. Investment of Bond Fund Proceeds. All moneys held in the Bond Fund, provided for by Section 3 of this Resolution shall be invested in investments permitted by Chapter 12B, Code of Iowa, 2021, as amended, or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation and the deposits in which are insured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivalent successor in any one financial institution shall be continuously secured in compliance with Chapter 12C of the Code of Iowa, 2021, as amended, or otherwise by a valid pledge of direct obligations of the United States Government having an equivalent market value. All such interim investments shall mature before the date on which the moneys are required for payment of principal of or interest on the Bonds as herein provided. Section 6. Bond Details, Execution and Redemption. 7 a) Bond Details. General Obligation Bonds of the City in the amount of $10,255,000, shall be issued pursuant to the provisions of Sections 384.25, 384.26 and 384.28 of the Code of Iowa for the aforesaid purposes. The Bonds shall be designated "General Obligation Bond, Series 2022", be dated June 1, 2022, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable on December 1, 2022, and semiannually thereafter on the 1st day of June and December in each year until maturity at the rates hereinafter provided. The Bonds shall be executed by the manual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the Clerk, and impressed or printed with the seal of the City and shall be fully registered as to both principal and interest as provided in this Resolution; principal, interest and premium, if any, shall be payable at the office of the Paying Agent by mailing of a check to the registered owner of the Bond. The Bonds shall be in the denomination of $5,000 or multiples thereof. The Bonds shall mature and bear interest as follows: Principal Interest Maturity Amount Rate June 1st $1,315,000 5.000% 2023 $995,000 5.000% 2024 $995,000 5.000% 2025 $995,000 5.000% 2026 $995,000 5.000% 2027 $995,000 5.000% 2028 $995,000 4.000% 2029 $995,000 3.000% 2030 $995,000 3.250% 2031 $980,000 3.300% 2032 b) Redemption. i. Optional Redemption. Bonds maturing after June I, 2028, may be called for optional redemption by the Issuer on that date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call. Thirty days' written notice of redemption shall be given to the registered owner of the Bond. Failure to give written notice to any registered owner of the Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All Bonds or portions thereof called for redemption will cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment. Written notice will be deemed completed upon transmission to the owner of record. 8 If selection by lot within a maturity is required, the Registrar shall designate the Bonds to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of Bonds to be called has been reached. If less than all of a maturity is called for redemption, the Issuer will notify DTC of the particular amount of such maturity to be redeemed prior to maturity. DTC will determine by lot the amount of each Participant's interest in such maturity to be redeemed and each Participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. Section 7. Issuance of Bonds in Book -Entry Form; Replacement Bonds. a) Notwithstanding the other provisions of this Resolution regarding registration, ownership, transfer, payment and exchange of the Bonds, unless the Issuer determines to permit the exchange of Depository Bonds for Bonds in Authorized Denominations, the Bonds shall be issued as Depository Bonds in denominations of the entire principal amount of each maturity of Bonds (or, if a portion of said principal amount is prepaid, said principal amount less the prepaid amount). The Bonds must be registered in the name of Cede & Co., as nominee for DTC. Payment of semiannual interest for any Bonds registered in the name of Cede & Co. will be made by wire transfer or New York Clearing House or equivalent next day funds to the account of Cede & Co. on the interest payment date for the Bonds at the address indicated or in the Representation Letter. b) The Bonds will be initially issued in the form of separate single authenticated fully registered bonds in the amount of each stated maturity of the Bonds. Upon initial issuance, the ownership of the Bonds will be registered in the registry books of the U.S. Bank, National Association kept by the Paying Agent and Registrar in the name of Cede & Co., as nominee of DTC. The Paying Agent and Registrar and the Issuer may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal or redemption price of or interest on the Bonds, selecting the Bonds or portions to be redeemed, giving any notice permitted or required to be given to registered owners of Bonds under the Resolution of the Issuer, registering the transfer of Bonds, obtaining any consent or other action to be taken by registered owners of the Bonds and for other purposes. The Paying Agent, Registrar and the Issuer have no responsibility or obligation to any Participant or Beneficial Owner of the Bonds under or through DTC with respect to the accuracy of records maintained by DTC or any Participant; with respect to the payment by DTC or Participant of an amount of principal or redemption price of or interest on the Bonds; with respect to any notice given to owners of Bonds under the Resolution; with respect to the Participant(s) selected to receive payment in the event of a partial redemption of the Bonds, or a consent given or other action taken by DTC as registered owner of the Bonds. The Paying Agent and Registrar shall pay all principal of and premium, if any, and interest on the Bonds only to Cede & Co. in accordance with the Representation Letter, and all payments are valid and effective to fully satisfy and discharge the Issuer's obligations with respect to the 9 principal of and premium, if any, and interest on the Bonds to the extent of the sum paid. DTC must receive an authenticated Bond for each separate stated maturity evidencing the obligation of the Issuer to make payments of principal of and premium, if any, and interest. Upon delivery by DTC to the Paying Agent and Registrar of written notice that DTC has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to the new nominee in accordance with this Section. c) In the event the Issuer determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bonds certificates, the Issuer may notify DTC and the Paying Agent and Registrar, whereupon DTC will notify the Participants, of the availability through DTC of Bonds certificates. The Bonds will be transferable in accordance with this Section. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the Issuer and the Paying Agent and Registrar and discharging its responsibilities under applicable law. In this event, the Bonds will be transferable in accordance with this Section. d) Notwithstanding any other provision of the Resolution to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to the principal of and premium, if any, and interest on the Bond and all notices must be made and given, respectively to DTC as provided in the Representation letter. e) In connection with any notice or other communication to be provided to Bondholders by the Issuer or the Paying Agent and Registrar with respect to a consent or other action to be taken by Bondholders, the Issuer or the Paying Agent and Registrar, as the case may be, shall establish a record date for the consent or other action and give DTC notice of the record date not less than 15 calendar days in advance of the record date to the extent possible. Notice to DTC must be given only when DTC is the sole Bondholder. f) The Representation Letter is on file with DTC and sets forth certain matters with respect to, among other things, notices, consents and approvals by Bondholders and payments on the Bonds. The execution and delivery of the Representation Letter to DTC by the Issuer is ratified and confirmed. g) In the event that a transfer or exchange of the Bonds is permitted under this Section, the transfer or exchange may be accomplished upon receipt by the Registrar from the registered owners of the Bonds to be transferred or exchanged and appropriate instruments of transfer. In the event Bond certificates are issued to holders other than Cede & Co., its successor as nominee for DTC as holder of all the Bonds, or other securities depository as holder of all the Bonds, the provisions of the Resolution apply to, among other things, the printing of certificates and the method or payment of principal of and interest on the certificates. Any substitute depository shall be designated in writing by the Issuer to the Paying Agent. Any such substitute depository shall be a qualified and registered "clearing agency" as provided in Section 17A of the Securities Exchange Act of 1934, as amended. The substitute depository shall provide for (i) immobilization of the Depository Bonds, (ii) registration and transfer of interests in Depository Bonds by 10 book entries made on records of the depository or its nominee and (iii) payment of principal of, premium, if any, and interest on the Bonds in accordance with and as such interests may appear with respect to such book entries. h) The officers of the Issuer are authorized and directed to prepare and furnish to the purchaser, and to the attorneys approving the legality of Bonds, certified copies of proceedings, ordinances, resolutions and records and all certificates and affidavits and other instruments as may be required to evidence the legality and marketability of the Bonds, and all certified copies, certificates, affidavits and other instruments constitute representations of the Issuer as to the correctness of all stated or recited facts. Section 8. Registration of Bonds; Appointment of Registrar; Transfer; Ownership; Delivery; and Cancellation. a) Registration. The ownership of Bonds may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Bonds, and in no other way. U.S. Bank, National Association is hereby appointed as Bond Registrar under the terms of this Resolution and under the provisions of a separate agreement with the Issuer filed herewith which is made a part hereof by this reference. Registrar shall maintain the books of the Issuer for the registration of ownership of the Bonds for the payment of principal of and interest on the Bonds as provided in this Resolution. All Bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bonds and in this Resolution. b) Transfer. The ownership of any Bond may be transferred only upon the Registration Books kept for the registration and transfer of Bonds and only upon surrender thereof at the office of the Registrar together with an assignment duly executed by the holder or his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social security number or federal employer identification number of such transferee (or, if registration is to be made in the name of multiple individuals, of all such transferees). In the event that the address of the registered owner of a Bond (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker or dealer, there must be disclosed on the Registration Books the information pertaining to the registered owner required above. Upon the transfer of any such Bond, a new fully registered Bond, of any denomination or denominations permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such transferred fully registered Bond, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. c) Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Bonds, in accordance with the provisions of this Resolution. d) Ownership. As to any Bond, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and 11 regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any such Bonds and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond, including the interest thereon, to the extent of the sum or sums so paid. e) Cancellation. All Bonds which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Bonds which are cancelled by the Registrar shall be destroyed and a certificate of the destruction thereof shall be furnished promptly to the Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the cancelled Bonds to the Issuer. I) Non -Presentment of Bonds. In the event any payment check, wire, or electronic transfer of funds representing payment of principal of or interest on the Bonds is returned to the Paying Agent or if any bond is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Bonds shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or payment of such Bonds shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Bonds. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Bonds of whatever nature shall be made upon the Issuer. g) Registration and Transfer Fees. The Registrar may furnish to each owner, at the Issuer's expense, one bond for each annual maturity. The Registrar shall furnish additional Bonds in lesser denominations (but not less than the minimum denomination) to an owner who so requests. Section 9. Reissuance of Mutilated, Destroyed, Stolen or Lost Bonds. In case any outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Bond of like tenor and amount as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar and Issuer that such Bond has been destroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satisfactory indemnity and complying with such other reasonable regulations as the Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in connection therewith. 12 Section 10. Record Date. Payments of principal and interest, otherwise than upon frill redemption, made in respect of any Bond, shall be made to the registered holder thereof or to their designated agent as the same appear on the books of the Registrar on the 15th day of the month preceding the payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such Bonds to the extent of the payments so made. Upon receipt of the final payment of principal, the holder of the Bond shall surrender the Bond to the Paying Agent. Section 11. Execution, Authentication and Delivery of the Bonds. Upon the adoption of this Resolution, the Mayor and Clerk shall execute the Bonds by their manual or authorized signature and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of the Purchaser. No Bond shall be valid or obligatory for any purpose or shall be entitled to any right or benefit hereunder unless the Registrar shall duly endorse and execute on such Bond a Certificate of Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenticated has been duly issued under this Resolution and that the holder thereof is entitled to the benefits of this Resolution. No Bonds shall be authenticated and delivered by the Registrar unless and until there shall have been provided the following: I. A certified copy of the Resolution of Issuer authorizing the issuance of the Bonds; 2. A written order of Issuer signed by the Treasurer of the Issuer directing the authentication and delivery of the Bonds to or upon the order of the Purchaser upon payment of the purchase price as set forth therein; 3. The approving opinion of Ahlers & Cooney, P.C., Bond Counsel, concerning the validity and legality of all the Bonds proposed to be issued. Section 12. Right to Name Substitute Paying Agent or Registrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered bondholder. Section 13. Form of Bond. Bonds shall be printed substantially in the form as follows: "State Of Iowa" "County Of Johnson" "City Of Iowa City" "General Obligation Bond" "Series 2022" Corporate Purpose Rate: Maturity: Bond Date: June I, 2022 CUSIP No.: 13 "Registered" Certificate No. Principal Amount: $ The City of Iowa City, State of Iowa, a municipal corporation organized and existing under and by virtue of the Constitution and laws of the State of Iowa (the "Issuer"), for value received, promises to pay from the source and as hereinafter provided, on the maturity date indicated above, to (Registration panel to be completed by Registrar or Printer with name of Registered Owner). or registered assigns, the principal sum of (enter principal amount in long form) Thousand Dollars in lawful money of the United States of America, on the maturity date shown above, only upon presentation and surrender hereof at the office of U.S. Bank, National Association, Paying Agent of this issue, or its successor, with interest on the sum from the date hereof until paid at the rate per annum specified above, payable on December I, 2022, and semiannually thereafter on the 1st day of June and December in each year. Interest and principal shall be paid to the registered holder of the Bond as shown on the records of ownership maintained by the Registrar as of the 15th day of the month preceding such interest payment date. Interest shall be computed on the basis of a 360 -day year of twelve 30 - day months. This Bond is issued pursuant to the provisions of Sections 384.25, 384.26 and 384.28 of the Code of Iowa, for the purpose of paying costs of the opening, widening, extending, grading and drainage of the right-of-way of streets, highways, avenues, alleys, and public grounds; the construction, reconstruction, and repairing of any street and streetscape improvements, with related utility work, traffic control devices, lighting, sidewalks, and the acquisition of real estate for such purposes; and the rehabilitation and improvement of parks already owned, including facilities, equipment and improvements commonly found in city parks; improvements to and equipping of the Senior Center facility; and the acquisition, renovation, reconstruction and equipping of City Hall and the fire station; and costs of the acquisition, installation, improving and equipping of city facilities and buildings, including building automation systems, in conformity to a Resolution of the Council of said City duly passed and approved. Unless this certificate is presented by an authorized representative of The Depository Trust Company, a limited purpose trust company ("DTC"), to the Issuer or its agent for registration of transfer, exchange or payment, and any certificate issued is registered in the name of Cede & Co. or such other name as requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other Issuer as is requested by an authorized representative of DTC), Any Transfer, Pledge Or Other Use Hereof For Value Or Otherwise By Or To Any Person Is Wrongful inasmuch as the registered owner hereof, Cede & Co., has an interest herein. 14 Bonds maturing after June 1, 2028, may be called for optional redemption by the Issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call. Thirty days' written notice of redemption shall be given to the registered owncr of the Bond. Failure to give written notice to any registered owner of the Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All bonds or portions thereof called for redemption will cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment. Written notice will be deemed completed upon transmission to the owner of record. If selection by lot within a maturity is required, the Registrar shall designate the Bonds to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of Bonds to be called has been reached. If less than all of a maturity is called for redemption, the Issuer will notify DTC of the particular amount of such maturity to be redeemed prior to maturity. DTC will determine by lot the amount of each Participant's interest in such maturity to be redeemed and each Participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. Ownership of this Bond may be transferred only by transfer upon the books kept for such purpose by U.S. Bank, National Association, the Registrar. Such transfer on the books shall occur only upon presentation and surrender of this Bond at the office of the Registrar as designated below, together with an assignment duly executed by the owner hereof or his duly authorized attorney in the form as shall be satisfactory to the Registrar. Issuer reserves the right to substitute the Registrar and Paying Agent but shall, however, promptly give notice to registered Bondholders of such change. All bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bond Resolution. And it is hereby represented and certified that all acts, conditions and things requisite, according to the laws and Constitution of the State of Iowa, to exist, to be had, to be done, or to be performed precedent to the lawful issue of this Bond, have been existent, had, done and performed as required by law; that provision has been made for the levy of a sufficient continuing annual tax on all the taxable property within the territory of the Issuer for the payment of the principal and interest of this Bond as the same will respectively become due; that such taxes have been irrevocably pledged for the prompt payment hereof, both principal and interest; and the total indebtedness of the Issuer including this Bond, does not exceed the constitutional or statutory limitations. In Testimony Whereof, the Issuer by its Council, has caused this Bond to be signed by the manual or facsimile signature of its Mayor and attested by the manual or facsimile signature of its City Clerk, with the seal of the City printed or impressed hereon, and to be authenticated by 15 the manual signature of an authorized representative of the Registrar, U.S. Bank, National Association, St. Paul, Minnesota. Date of authentication: This is one of the Bonds described in the within mentioned Resolution, as registered by U.S. Bank, National Association. U.S. Bank, National Association, Registrar By: Authorized Signature Registrar and Transfer Agent: U.S. Bank, National Association Paying Agent: U.S. Bank, National Association See Reverse For Certain Definitions (Seal) (Signature Block) City Of Iowa City, State Of Iowa By: (manual or facsimile signature) Mayor Attest: By: (manual or facsimile signature) City Clerk (Information Required for Registration) 16 Assignment For value received, the undersigned hereby sells, assigns and transfers unto (Social Security or Tax Identification No. ) the within Bond and does hereby irrevocably constitute and appoint attorney in fact to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: (Person(s) executing this Assignment sign(s) here) SIGNATURE ) GUARANTEED) Important - Read Carefully The signature(s) to this Power must correspond with the name(s) as written upon the face of the certificate(s) or bond(s) in every particular without alteration or enlargement or any change whatever. Signature guarantee must be provided in accordance with the prevailing standards and procedures of the Registrar and Transfer Agent. Such standards and procedures may require signature to be guaranteed by certain eligible guarantor institutions that participate in a recognized signature guarantee program. Information Required For Registration Of Transfer Name of Transferee(s) Address of Transferee(s) Social Security or Tax Identification Number of Transferee(s) Transferee is a(n): Individual* Corporation Partnership Trust *If the Bond is to be registered in the names of multiple individual owners, the names of all such owners and one address and social security number must be provided. The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with rights of survivorship and not as tenants in common 17 IA UNIF TRANS MIN ACT - Custodian (Cust) (Minor) Under Iowa Uniform Transfers to Minors Act Additional Abbreviations May Also Be Used Though Not In The Above List (End of form of Bond) (State) Section 14. Closing Documents. The Mayor and City Clerk are authorized and directed to execute, attest, seal and deliver for and on behalf of the City any other additional certificates, documents, or other papers and perform all other acts, including without limitation the execution of all closing documents, as they may deem necessary or appropriate in order to implement and carry out the intent and purposes of this Resolution. Section 15. Contract Between Issuer and Purchaser. This Resolution constitutes a contract between said City and the purchaser of the Bonds. Section 16. Non -Arbitrage Covenants. The Issuer reasonably expects and covenants that no use will be made of the proceeds from the issuance and sale of the Bonds issued hereunder which will cause any of the Bonds to be classified as arbitrage bonds within the meaning of Sections 148(a) and (b) of the Internal Revenue Code of the United States, as amended, and that throughout the term of the Bonds it will comply with the requirements of statutes and regulations issued thereunder. To the best knowledge and belief of the Issuer, there are no facts or circumstances that would materially change the foregoing statements or the conclusion that it is not expected that the proceeds of the Bonds will be used in a manner that would cause the Bonds to be arbitrage bonds. Section 17. Approval of Tax Exemption Certificate. Attached hereto is a form of Tax Exemption Certificate stating the Issuer's reasonable expectations as to the use of the proceeds of the Bonds. The form of Tax Exemption Certificate is approved. The Issuer hereby agrees to comply with the provisions of the Tax Exemption Certificate and the provisions of the Tax Exemption Certificate are hereby incorporated by reference as part of this Resolution. The Finance Director is hereby directed to make and insert all calculations and determinations necessary to complete the Tax Exemption Certificate at issuance of the Bonds to certify as to the reasonable expectations and covenants of the Issuer at that date. Section 18. Continuing Disclosure. The Issuer hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate, and the provisions of the Continuing Disclosure Certificate are hereby incorporated by reference as part of this Resolution and made a part hereof. Notwithstanding any other provision of this Resolution, failure of the Issuer to comply with the Continuing Disclosure Certificate shall not be considered an event of default under this Resolution; however, any holder of the Bonds or Beneficial Owner may take such actions as may be necessary and appropriate, including seeking 18 specific performance by court order, to cause the Issuer to comply with its obligations under the Continuing Disclosure Certificate. For purposes of this section, "Beneficial Owner" means any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bond (including persons holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. Section 19. Additional Covenants, Representations and Warranties of the Issuer. The Issuer certifies and covenants with the purchasers and holders of the Bonds from time to time outstanding that the Issuer through its officers, (a) will make such further specific covenants, representations and assurances as may be necessary or advisable; (b) comply with all representations, covenants and assurances contained in the Tax Exemption Certificate, which Tax Exemption Certificate shall constitute a part of the contract between the Issuer and the owners of the Bonds;(c) consult with Bond Counsel (as defined in the Tax Exemption Certificate); (d) pay to the United States, as necessary, such sums of money representing required rebates of excess arbitrage profits relating to the Bonds;(e) file such forms, statements and supporting documents as may be required and in a timely manner; and (f) if deemed necessary or advisable by its officers, to employ and pay fiscal agents, financial advisors, attorneys and other persons to assist the Issuer in such compliance. Section 20. Amendment of Resolution to Maintain Tax Exemption. This Resolution may be amended without the consent of any owner of the Bonds if, in the opinion of Bond Counsel, such amendment is necessary to maintain tax exemption with respect to the Bonds under applicable Federal law or regulations. Section 21. Repeal of Conflicting Resolutions or Ordinances. All ordinances and resolutions and parts of ordinances and resolutions in conflict herewith are hereby repealed. Section 22. Severability Clause. If any section, paragraph, clause or provision of this Resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this Resolution shall become effective immediately upon its passage and approval. Passed and Approved this 17`h day of May, 2022. Attest: Ma Y5\-tAta- "-r— 19 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 17th day of May , 2022. City lerk, City of o a City, State of loo (Seal) 02048416-1\10714-139 Tax Exemption Certificate of City of Iowa City, County of Johnson, State of Iowa, Issuer $10,255,000 General Obligation Bonds, Series 2022 This instrument was prepared by: Ahlers & Cooney, P.C. 100 Court Avenue, Suite 600 Des Moines, Iowa 50309 (515) 243-7611 Table of Contents This Table of Contents is not a part of this Tax Exemption Certificate and is provided only for convenience of reference. Introduction ARTICLE I Definitions ARTICLE II Specific Certifications, Representations And Agreements Section 2.1 Authority to Certify and Expectations Section 2.2 Receipts and Expenditures of Sale Proceeds Section 2.3 Purpose of Bonds Section 2.4 Facts Supporting Tax -Exemption Classification Section 2.5 Facts Supporting Temporary Periods for Proceeds Section 2.6 Resolution Funds at Restricted or Unrestricted Yield Section 2.7 Pertaining to Yields ARTICLE III Rebate Section 3.1 Records Section 3.2 Rebate Fund Section 3.3 Exceptions to Rebate Section 3.4 Calculation of Rebate Amount Section 3.5 Rebate Requirements and the Bond Fund Section 3.6 Investment of the Rebate Fund Section 3.7 Payment to the United States Section 3.8 Records Section 3.9 Additional Payments ARTICLE JV Investment Restrictions Section 4.1 Avoidance of Prohibited Payments Section 4.2 Market Price Requirement Section 4.3 Investment in Certificates of Deposit Section 4.4 Investment Pursuant to Investment Contracts and Agreements Section 4.5 Records Section 4.6 Investments to be Legal ARTICLE V General Covenants ARTICLE VI Amendments And Additional Agreements Section 6.1 Opinion of Bond Counsel; Amendments Section 6.2 Additional Covenants, Agreements Section 6.3 Internal Revenue Service Audits Section 6.4 Amendments Exhibit A Issue Price Certificate 19 Municipal Advisor's Certificate 23 2 Tax Exemption Certificate City of Iowa City, State of Iowa This Tax Exemption Certificate is made and entered into on June 1, 2022, by the City of Iowa City, County of Johnson, State of Iowa (the "Issuer"). Introduction This Certificate is executed and delivered in connection with the issuance by the Issuer of its $10,255,000 General Obligation Bonds, Series 2022 (the "Bonds"). The Bonds are issued pursuant to the provisions of the Resolution of the Issuer authorizing the issuance of the Bonds. Such Resolution provides that the covenants contained in this Certificate constitute a part of the Issuer's contract with the owners of the Bonds. The Issuer recognizes that under the Code (as defined below) the tax-exempt status of the interest received by the owners of the Bonds is dependent upon, among other things, the facts, circumstances, and reasonable expectations of the Issuer as to future facts not in existence at this time, as well as the observance of certain covenants in the future. The Issuer covenants that it will take such action with respect to the Bonds as may be required by the Code, and pertinent legal regulations issued thereunder in order to establish and maintain the tax-exempt status of the Bonds, including the observance of all specific covenants contained in the Resolution and this Certificate. ARTICLE I Definitions The following terms as used in this Certificate shall have the meanings set forth below. The terms defined in the Resolution shall retain the meanings set forth therein when used in this Certificate. Other terms used in this Certificate shall have the meanings set forth in the Code or in the Regulations. "Annual Debt Service" means the principal of and interest on the Bonds scheduled to be paid during a given Bond Year. "Bonds" means the $10,255,000 aggregate principal amount of General Obligation Bonds, Series 2022, of the Issuer issued in registered form pursuant to the Resolution. "Bond Counsel" means Ahlers & Cooney, P.C., Des Moines, Iowa, or an attorney at law or a firm of attorneys of nationally recognized standing in matters pertaining to the tax-exempt status of interest on obligations issued by states and their political subdivisions, duly admitted to the practice of law before the highest court of any State of the United States of America. 3 "Bond Fund" means the Sinking Fund described in the Resolution. "Bond Purchase Agreement" means the binding contract in writing for the sale of the Bonds. "Bond Year" as defined in Regulation 1.148-1(b), means a one-year period beginning on the day after expiration of the preceding Bond Year. The first Bond Year shall be the one-year or shorter period beginning on the Closing Date and ending on a principal or interest payment date, unless Issuer selects another date. "Bond Yield" means that discount rate which produces an amount equal to the Issue Price of the Bonds when used in computing the present value of all payments of principal and interest to be paid on the Bonds, using semiannual compounding on a 360 - day year as computed under Regulation 1.148-4. "Certificate" means this Tax Exemption Certificate. "Closing" means the delivery of the Bonds in exchange for the agreed upon purchase price. "Closing Date" means the date of Closing. "Code" means the Internal Revenue Code of 1986, as amended, and any statutes which replace or supplement the Internal Revenue Code of 1986. "Computation Date" means each five-year period from the Closing Date through the last day of the fifth and each succeeding fifth Bond Year. "Excess Earnings" means the amount earned on all Nonpurpose Investments minus the amount which would have been earned if such Nonpurpose Investments were invested at a rate equal to the Bond Yield, plus any income attributable to such excess. "Final Bond Retirement Date" means the date on which the Bonds are actually paid in full. "Governmental Obligations" means direct general obligations of, or obligations the timely payment of the principal of and interest on which is unconditionally guaranteed by the United States. "Gross Proceeds" as defined in Regulation 1.148-1(b), means any Proceeds of the Bonds and any replacement proceeds (as defined in Regulation 1.148-1(c)) of the Bonds. "Gross Proceeds Funds" means the Project Fund, Proceeds held to pay cost of issuance, and any other fund or account held for the benefit of the owners of the Bonds or containing Gross Proceeds of the Bonds except the Bond Fund and the Rebate Fund. 4 "Issue Price" as defined in Regulation 1.148-1(b) and (0(2), means the price determined pursuant to the Special Rule for Competitive Sales in accordance with Regulation 1.148-1(f)(2)(iii). The Issuer hereby elects to utilize the Special Rule for Competitive Sales and treats the reasonably expected initial offering price to the public as of the sale date as the issue price of the Bonds]. The Purchasers have certified the Issue Price to be not more than $10,807,660.50, as set forth in Exhibit A. "Issuer" means the City of Iowa City, a municipal corporation in the County of Johnson, State of Iowa. "Minor Portion of the Bonds", as defined in Regulation 1.148-2(g), means the lesser of five (5) percent of Proceeds or $100,000. The Minor Portion of the Bonds is computed to be $100,000. "Nonpurpose Investments" means any investment property which is acquired with Gross Proceeds and is not acquired to carry out the governmental purpose of the Bonds, and may include but is not limited to U.S. Treasury bonds, corporate bonds, or certificates of deposit. "Proceeds" as defined in Regulation 1.148-1(b), means Sale Proceeds, investment proceeds and transferred proceeds of the Bonds. "Project" means the opening, widening, extending, grading and drainage of the right-of-way of streets, highways, avenues, alleys, and public grounds; the construction, reconstruction, and repairing of any street and streetscape improvements, with related utility work, traffic control devices, lighting, sidewalks, and the acquisition of real estate for such purposes; and the rehabilitation and improvement of parks already owned, including facilities, equipment and improvements commonly found in city parks; improvements to and equipping of the Senior Center facility; and the acquisition, renovation, reconstruction and equipping of City Hall and the fire station; and costs of the acquisition, installation, improving and equipping of city facilities and buildings, including building automation systems as more fully described in the Resolution. "Project Fund" shall mean the fund required to be established by the Resolution for the deposit of the Proceeds of the Bonds. "Purchasers" means Morgan Stanley & Co. LLC. of New York, New York, constituting the initial purchasers of the Bonds from the Issuer. "Rebate Amount" means the amount computed as described in this Certificate. "Rebate Fund" means the fund to be created, if necessary, pursuant to this Certificate. "Rebate Payment Date" means a date chosen by the Issuer which is not more than 60 days following each Computation Date or the Final Bond Retirement Date. 5 "Regulations" means the Income Tax Regulations, amendments and successor provisions promulgated by the Department of the Treasury under Sections 103, 148 and 149 of the Code, or other Sections of the Code relating to "arbitrage bonds", including without limitation Regulations 1.148-1 through 1.148-11, 1.149(b)-1, 1.149- d(1), 1.150-1 and 1.150-2. "Replacement Proceeds" include, but are not limited to, sinking funds, amounts that are pledged as security for an issue, and amounts that are replaced because of a sufficiently direct nexus to a governmental purpose of an issue. "Resolution" means the resolution of the Issuer adopted on May 17, 2022, authorizing the issuance of the Bonds. "Sale Proceeds" as defined in Regulation 1.148-1(b), means any amounts actually or constructively received from the sale of the Bonds, including amounts used to pay underwriter's discount or compensation and accrued interest other than pre -issuance accrued interest. • "Sinking Fund" means the Bond Fund. • "SLGS" means demand deposit Treasury securities of the State and Local Government Series. • "Tax Exempt Obligations" means bonds or other obligations the interest on which is excludable from the gross income of the owners thereof under Section 103 of the Code and include certain regulated investment companies, stock in tax-exempt mutual funds and demand deposit SLGS. • "Taxable Obligations" means all investment property, obligations or securities other than Tax Exempt Obligations. • "Verification Certificate" means the certificate attached to this Certificate as Exhibit A, setting forth the offering prices at which the Purchaser will reoffer and sell the Bonds to the public and the Municipal Advisor's Certificate attached hereto as Exhibit B. ARTICLE II Specific Certifications, Representations And Agreements The Issuer hereby certifies, represents and agrees as follows: Section II.1 Authority to Certify and Expectations (a) The undersigned officer of the Issuer along with other officers of the Issuer, are charged with the responsibility of issuing the Bonds. 6 (b) This Certificate is being executed and delivered in part for the purposes specified in Section 1.148-2(b)(2) of the Regulations and is intended (among other purposes) to establish reasonable expectations of the Issuer at this time. (c) The Issuer has not been notified of any disqualification or proposed disqualification of it by the Commissioner of the Internal Revenue Service as a bond issuer which may certify bond issues under Section 1.148-2(b)(2) of' the Regulations. (d) The certifications, representations and agreements set forth in this Article II are made on the basis of the facts, estimates and circumstances in existence on the date hereof, including the following: (1) with respect to amounts expected to be received from delivery of the Bonds, amounts actually received, (2) with respect to payments of amounts into various funds or accounts, review of the authorizations or directions for such payments made by the Issuer pursuant to the Resolution and this Certificate, (3) with respect to the Issue Price, the certifications of the Purchasers as set forth in the Verification Certificate, (4) with respect to expenditure of the Proceeds of the Bonds, actual expenditures and reasonable expectations of the Issuer as to when the Proceeds will be spent for purposes of the Project, and (5) with respect to Bond Yield, review of the Verification Certificate. The Issuer has no reason to believe such facts, estimates or circumstances are untrue or incomplete in any material way. (e) To the best of the knowledge and belief of the undersigned officer of the Issuer, there are no facts, estimates or circumstances that would materially change the representations, certifications or agreements set forth in this Certificate, and the expectations herein set out are reasonable. (f) No arrangement exists under which the payment of principal or interest on the Bonds would be directly or indirectly guaranteed by the United States or any agency or instrumentality thereof. (g) After the expiration of any applicable temporary periods, and excluding investments in a bona fide debt service fund or reserve fund, not more than five percent (5%) of the Proceeds of the Bonds will be (a) used to make loans which are guaranteed by the United States or any agency or instrumentality thereof, or (b) invested in federally insured deposits or accounts. (h) The Issuer will file with the Internal Revenue Service in a timely fashion Form 8038-G, Information Return for Tax -Exempt Governmental Obligations with respect to the Bonds and such other reports required to comply with the Code and applicable Regulations. (i) The Issuer will take no action which would cause the Bonds to become "private activity bonds" as defined in Section 141 (a) of the Code, including any use of the Project by any person other than a governmental unit if such use will be by other than a member of the general public. None of the Proceeds of the Bonds will be used directly or indirectly to make or finance loans to any person other than a governmental unit. 7 (j) The Issuer will make no change in the nature or purpose of the Project except as provided in Section 6.1 hereof. (k) Except as provided in the Resolution, the Issuer will not establish any sinking fund, bond fund, reserve fund, debt service fund or other fund reasonably expected to be used to pay debt service on the Bonds (other than the Bond Fund), exercise its option to redeem Bonds prior to maturity or effect a refunding of the Bonds. (1) No bonds or other obligations of the Issuer (1) were sold in the 15 days preceding the date of sale of the Bonds, (2) were sold or will be sold within the 15 days after the date of sale of the Bonds, (3) have been delivered in the past 15 days or (4) will be delivered in the next 15 days pursuant to a common plan of financing for the issuance of the Bonds and payable out of substantially the same source of revenues. (m) None of the Proceeds of the Bonds will be used directly or indirectly to replace funds of the Issuer used directly or indirectly to acquire obligations having a yield higher than the Bond Yield. (n) No portion of the Bonds is issued for the purpose of investing such portion at a higher yield than the Bond Yield. (o) The Issuer does not expect that the Proceeds of the Bonds will be used in a manner that would cause them to be "arbitrage bonds" as defined in Section 148(a) of the Code. The Issuer does not expect that the Proceeds of the Bonds will be used in a manner that would cause the interest on the Bonds to be includible in the gross income of the owners of the Bonds under the Code. The Issuer will not intentionally use any portion of the Proceeds to acquire higher yielding investments. (p) The Issuer will not use the Proceeds of the Bonds to exploit the difference between tax-exempt and taxable interest rates to obtain a material financial advantage. (q) The Issuer has not issued more Bonds, issued the Bonds earlier, or allowed the Bonds to remain outstanding longer than is reasonably necessary to accomplish the governmental purposes of the Bonds. In fact, the Bonds will not remain outstanding longer than 120% of the economic useful life of the assets financed with the Proceeds of the Bonds. (r) The Bonds will not be Hedge Bonds as described in Section 149(g)(3) of the Code because the Issuer reasonably expects that it will meet the Expenditure test set forth in Section 2.5(b) hereof and that 50% or more of the Proceeds will not be invested in Nonpurpose Investments having a substantially guaranteed yield for four or more years. Except for costs of issuance, all Sale Proceeds and investment earnings thereon will be expended for costs of the type that would be chargeable to capital accounts under the Code pursuant to federal income tax principles if the Issuer were treated as a corporation subject to federal income taxation. 8 Section II.2 Receipts and Expenditures of Sale Proceeds Sale Proceeds (par plus re -offering premium of $552,660.50), less underwriter's discount of $17,334.40, received at Closing are expected to be deposited and expended as follows: (a) $73,420.00 representing costs of issuing the Bonds will be used within six months of the Closing Date to pay the costs of issuance of the Bonds (with any excess remaining on deposit in the Project Fund); and (b) $10,716,906.10 will be deposited into the Project Fund and will be used together with earnings thereon to pay the costs of the Project and will not exceed the amount necessary to accomplish the governmental purposes of the Bonds. Section I1.3 Purpose of Bonds The Issuer is issuing the Bonds to pay the costs of the opening, widening, extending, grading and drainage of the right-of-way of streets, highways, avenues, alleys, and public grounds; the construction, reconstruction, and repairing of any street and streetscape improvements, with related utility work, traffic control devices, lighting, sidewalks, and the acquisition of real estate for such purposes; and the rehabilitation and improvement of parks already owned, including facilities, equipment and improvements commonly found in city parks; improvements to and equipping of the Senior Center facility; and the acquisition, renovation, reconstruction and equipping of City Hall and the fire station; and costs of the acquisition, installation, improving and equipping of city facilities and buildings, including building automation systems. Section II.4 Facts Supporting Tax -Exemption Classification Governmental Bonds Private Business Use/Private Security or Payment Tests The Bonds are considered to be governmental bonds, not subject to the provisions of the alternate minimum tax. The Proceeds will be used for the purposes described in Section 2.3 hereof. These bonds are not private activity bonds because no amount of Proceeds of the Bonds is to be used in a trade or business carried on by a non- governmental unit. Rather, the Proceeds will be used to finance the general government operations and facilities of the Issuer described in Section 2.3 hereof. None of the payment of principal or interest on the Bonds will be derived from, or secured by, money or property used in a trade or business of a non-governmental unit. In addition, none of the governmental operations or facilities of the Issuer being financed with the Proceeds of the Bonds are subject to any lease, management contract or other similar arrangement or to any arrangement for use other than as by the general public. Private Loan Financing Test No amount of Proceeds of the Bonds is to be used directly or indirectly to make or finance loans to persons other than governmental units. 9 Section II.5 Facts Supporting Temporary Periods for Proceeds (a) Time Test. Not later than six months after the Closing Date, the Issuer will incur a substantial binding obligation to a third party to expend at least 5% of the net Sale Proceeds of the Bonds. (b) Expenditure Test. Not less than 85% of the net Sale Proceeds will be expended for Project costs, including the reimbursement of other funds expended to date, within a three-year temporary period from the Closing Date. (c) Due Diligence Test. Not later than six months after Closing, work on the Project will have commenced and will proceed with due diligence to completion. (d) Proceeds of the Bonds representing less than six months accrued interest on the Bonds will be spent within six months of this date to pay interest on the Bonds, and will be invested without restriction as to yield for a temporary period not in excess of six months. Section II.6 Resolution Funds at Restricted or Unrestricted Yield (a) Proceeds of the Bonds will be held and accounted for in the manner provided in the Resolution. The Issuer has not and does not expect to create or establish any other bond fund, reserve fund, or similar fund or account for the Bonds. The Issuer has not and will not pledge any moneys or Taxable Obligations in order to pay debt service on the Bonds or restrict the use of such moneys or Taxable Obligations so as to give reasonable assurances of their availability for such purposes. (b) Any monies which are invested beyond a temporary period are expected to constitute less than a major portion of the Bonds or to be restricted for investment at a yield not greater than one-eighth of one percent above the Bond Yield. (c) The Issuer has established and will use the Bond Fund primarily to achieve a proper matching of revenues and debt service within each Bond Year and the Issuer will apply moneys deposited into the Bond Fund to pay the principal of and interest on the Bonds. Such Fund will be depleted at least once each Bond Year except for a reasonable carryover amount. The carryover amount will not exceed the greater of (1) one year's earnings on the Bond Fund or (2) one -twelfth of Annual Debt Service. The Issuer will spend moneys deposited from time to time into such fund within 13 months after the date of deposit. Revenues, intended to be used to pay debt service on the Bonds, will be deposited into the Bond Fund as set forth in the Resolution. The Issuer will spend interest earned on moneys in such fund not more than 12 months after receipt. Accordingly, the Issuer will treat the Bond Fund as a bona fide debt service fund as defined in Regulation 1.148-1(b). Investment of amounts on deposit in the Bond Fund will not be subject to arbitrage rebate requirements as the Bonds meet the safe harbor set forth in Regulation 1.148-3(k), because the average annual debt service on the Bonds will not exceed $2,500,000. 10 (d) The Minor Portion of the Bonds will be invested without regard to yield. Section II.7 Pertaining to Yields (a) The purchase price of all Taxable Obligations to which restrictions apply under this Certificate as to investment yield or rebate of Excess Earnings, if any, has been and shall be calculated using (i) the price taking into account discount, premium and accrued interest, as applicable, actually paid or (ii) the fair market value if less than the price actually paid and if such Taxable Obligations were not purchased directly from the United States Treasury. The Issuer will acquire all such Taxable Obligations directly from the United States Treasury or in an arm's length transaction without regard to any amounts paid to reduce the yield on such Taxable Obligations. The Issuer will not pay or permit the payment of any amounts (other than to the United States) to reduce the yield on any Taxable Obligations. Obligations pledged to the payment of debt service on the Bonds, or deposited into any reserve fund after they have been acquired by the Issuer will be treated as though they were acquired for their fair market value on the date of such pledge or deposit. Obligations on deposit in any reserve fund on the Closing Date shall be treated as if acquired for their fair market value on the Closing Date. (b) Qualified guarantees have not been used in computing yield. (c) The Bond Yield has been computed as not less than 2.883569 percent. This Bond Yield has been computed on the basis of a purchase price for the Bonds equal to the Issue Price. ARTICLE III Rebate Section III.I Records Sale Proceeds of the Bonds will be held and accounted for in the manner provided in the Resolution. The Issuer will maintain adequate records for funds created by the Resolution and this Certificate including all deposits, withdrawals, transfers from, transfers to, investments, reinvestments, sales, purchases, redemptions, liquidations and use of money or obligations until six years after the Final Bond Retirement Date. Section III.2 Rebate Fund (a) In the Resolution, the Issuer has covenanted to pay to the United States the Rebate Amount, an amount equal to the Excess Earnings on the Gross Proceeds Funds, if any, at the times and in the manner required or permitted and subject to stated special rules and allowable exceptions. (b) The Issuer may establish a fund pursuant to the Resolution and this Certificate which is herein referred to as the Rebate Fund. The Issuer will invest and expend amounts on deposit in the Rebate Fund in accordance with this Certificate. 11 (c) Moneys in the Rebate Fund shall be held by the Issuer or its designee and, subject to Sections 3.4, 3.5 and 6.1 hereof, shall be held for future payment to the United States as contemplated under the provisions of this Certificate and shall not constitute part of the trust estate held for the benefit of the owners of the Bonds or the Issuer. (d) The Issuer will pay to the United States from legally available money of the Issuer (whether or not such available money is on deposit in any fund or account related to the Bonds) any amount which is required to be paid to the United States. Section III.3 Exceptions to Rebate The Issuer reasonably expects that the Bonds are eligible for one or more exceptions from the arbitrage rebate rules set forth in the Regulations. If any Proceeds are ineligible, or become ineligible, for an exception to the arbitrage rebate rules, the Issuer will comply with the provisions of this Article III. A description of the applicable rebate exception(s) is as follows: Eighteen -Month Exception The Gross Proceeds of the Bonds are expected to be expended for the governmental purposes for which the Bonds were issued in accordance with the following schedule: 1) 15 percent spent within six months of the Closing Date; 2) 60 percent spent within one year of the Closing Date; 3) 100 percent spent within eighteen months of the Closing Date (subject to 5 percent retainage for not more than one year). In any event, the Issuer expects that the 5% reasonable retainage will be spent within 30 months of the Closing Date. For purposes of determining compliance with the six-month and twelve- month spending periods, the amount of investment earnings included shall be based on the Issuer's reasonable expectations that the average annual interest rate on investments will be not more than 5%. For purposes of determining compliance with the eighteen -month spending period, the amount of investment earnings included shall be based on actual earnings. If the Issuer fails to meet the foregoing expenditure schedule, the Issuer shall comply with the arbitrage rebate requirements of the Code. Election to Treat as Construction Bonds. The Issuer reasonably expects that more than 75 percent of the "available construction proceeds" ("ACP") of the Bonds, as defined in Section 148(f)(4)(C)(vi) of the Code, will be used for construction expenditures. ACP includes the issue price of the issue plus the earnings on such issue. Not less than the following percentages of the ACP will be spent within the following periods: 1) 10 percent spent within six months of the Closing Date; 2) 45 percent spent within one year of the Closing Date; 12 3) 75 percent spent within eighteen months of the Closing Date; 4) 100 percent spent within two years of the Closing Date (subject to 5 percent retainage for not more than one year). In any event, the Issuer expects that the 5% reasonable retainage will be spent within a three-year period beginning on the Closing Date. A failure to spend an amount that does not exceed the lesser of (i) 3% of the issue price or (ii) $250,000, is disregarded if the Issuer exercises due diligence to complete the Project. • Election with respect to future earnings Pursuant to Section 1.148-7(0(2) of the Regulations, the Issuer elects to use actual investment earnings of the ACP in determining compliance with the above schedule. If the Issuer fails to meet the foregoing expenditure schedule, the Issuer shall comply with the arbitrage rebate requirements of the Code. Section III.4 Calculation of Rebate Amount (a) As soon after each Computation Date as practicable, the Issuer shall, if necessary, calculate and determine the Excess Earnings on the Gross Proceeds Funds (the "Rebate Amount"). All calculations and determinations with respect to the Rebate Amount will be made on the basis of actual facts as of the Computation Date and reasonable expectations as to future events. (b) If the Rebate Amount exceeds the amount currently on deposit in the Rebate Fund, the Issuer may deposit an amount in the Rebate Fund such that the balance in the Rebate Fund after such deposit equals the Rebate Amount. If the amount in the Rebate Fund exceeds the Rebate Amount, the Issuer may withdraw such excess amount provided that such withdrawal can be made from amounts originally transferred to the Rebate Fund and not from earnings thereon, which may not be transferred, and only if such withdrawal may be made without liquidating investments at a loss. Section III.5 Rebate Requirements and the Bond Fund It is expected that the Bond Fund described in the Resolution and Section 2.6(c) of this Certificate will be treated as a bona fide debt service fund as defined in Regulation 1.148-1(b). As such, any amount earned during a Bond Year on the Bond Fund and amounts earned on such amounts, if allocated to the Bond Fund, will not be taken into account in calculating the Rebate Amount for the reasons outlined in Section 2.6(c) hereof. However, should the Bond Fund cease to be treated as a bona fide debt service fund, the Bond Fund will become subject to the rebate requirements set forth in Section 3.4 hereof. Section III.6 Investment of the Rebate Fund (a) Immediately upon a transfer to the Rebate Fund, the Issuer may invest all amounts in the Rebate Fund not already invested and held in the Rebate Fund, to the 13 extent possible, in (1) SLGS, such investments to be made at a yield of not more than one-eighth of one percent above the Bond Yield, (2) Tax Exempt Obligations, (3) direct obligations of the United States or (4) certificates of deposit of any bank or savings and loan association. All investments in the Rebate Fund shall be made to mature not later than the next Rebate Payment Date. (b) If the Issuer invests in SLGS, the Issuer shall file timely subscription forms for such securities (if required). To the extent possible, amounts received from maturing SLGS shall be reinvested immediately in zero yield SLGS maturing on or before the next Rebate Payment Date. Section III.7 Payment to the United States (a) On each Rebate Payment Date, the Issuer will pay to the United States at least ninety percent (90%) of the Rebate Amount less a computation credit of $1,000 per Bond Year for which the payment is made. (b) The Issuer will pay to the United States not later than sixty (60) days after the Final Bond Retirement Date all the rebatable arbitrage as of such date and any income attributable to such rebatable arbitrage as described in Regulation 1.148-3(0(2). (c) If necessary, on each Rebate Payment Date, the Issuer will mail a check to the Internal Revenue Service Center, Ogden, UT 84201. Each payment shall be accompanied by a copy of Form 8038-T, Arbitrage Rebate, filed with respect to the Bonds or other information reporting form as is required to comply with the Code and applicable Regulations. Section III.8 Records (a) The Issuer will keep and retain adequate records with respect to the Bonds, the Gross Proceeds Funds, the Bond Fund, and the Rebate Fund until six years after the Final Bond Retirement Date. Such records shall include descriptions of all calculations of amounts transferred to the Rebate Fund, if any, and descriptions of all calculations of amounts paid to the United States as required by this Certificate. Such records will also show all amounts earned on moneys invested in such funds, and the actual dates and amounts of all principal, interest and redemption premiums (if any) paid on the Bonds. (b) Records relating to the investments in such Funds shall completely describe all transfers, deposits, disbursements and earnings including: (1) a complete list of all investments and reinvestments of amounts in each such Fund including, if applicable, purchase price, purchase date, type of security, accrued interest paid, interest rate, dated date, principal amount, date of maturity, interest payment dates, date of liquidation, receipt upon liquidation, market value of such investment on the Final Bond Retirement Date if held by the Issuer on the Final Bond Retirement Date, and market value of the investment on 14 the date pledged to the payment of the Bonds or the Closing Date if different from the purchase date. (2) the amount and source of each payment to, and the amount, purpose and payee of each payment from, each such Fund. Section III.9 Additional Payments The Issuer hereby agrees to pay to the United States from legally available money of the Issuer (whether or not such available money is on deposit in any fund or account related to the Bonds) any amount which is required to be paid to the United States, but which is not available in a fund related to the Bonds for transfer to the Rebate Fund or payment to the United States. ARTICLE IV Investment Restrictions Section IV.1 Avoidance of Prohibited Payments The Issuer will not enter into any transaction that reduces the amount required to be deposited into the Rebate Fund or paid to the United States because such transaction results in a smaller profit or a larger loss than would have resulted if the transaction had been at arm's length and had the Bond Yield not been relevant to either party. The Issuer will not invest or direct the investment of any funds in a manner which reduces an amount required to be paid to the United States because such transaction results in a small profit or larger loss than would have resulted if the transaction had been at arm's length and had the Bond Yield not been relevant to the Issuer. In particular, notwithstanding anything to the contrary contained herein or in the Resolution, the Issuer will not invest or direct the investment of any funds in a manner which would violate any provision of this Article IV. Section N.2 Market Price Requirement (a) The Issuer will not purchase or direct the purchase of Taxable Obligations for more than the then available market price for such Taxable Obligations. The Issuer will not sell, liquidate or direct the sale or liquidation of Taxable Obligations for less than the then available market price. (b) For purposes of this Certificate, United States Treasury obligations purchased directly from the United States Treasury will be deemed to be purchased at the market price. Section IV.3 Investment in Certificates of Deposit (a) Notwithstanding anything to the contrary contained herein or in the Resolution, the Issuer will invest or direct the investment of funds on deposit in the Reserve Fund, any other Gross Proceeds Fund, the Bond Fund, and the Rebate Fund, in a certificate of deposit of a bank or savings bank which is permitted by law and by the 15 Resolution only if the purchase price of such a certificate of deposit is treated as its fair market value on the purchase date and if the yield on the certificate of deposit is not less than (1) the yield on reasonably comparable direct obligations of the United States; and (2) the highest yield that is published or posted by the provider to be currently available from the provider on reasonably comparable certificates of deposit offered to the public. (b) The certificate of deposit described in paragraph 4.3(a) above must be executed by a dealer who maintains an active secondary market in comparable certificates of deposit and must be based on actual trades adjusted to reflect the size and term of that certificate of deposit and the stability and reputation of the bank or savings bank issuing the certificate of deposit. Section IV.4 Investment Pursuant to Investment Contracts and Agreements The Issuer will invest or direct the investment of funds on deposit in the Gross Proceeds Funds, the Bond Fund, and the Rebate Fund pursuant to an investment contract (including a repurchase agreement) only if all of the following requirements are satisfied: (a) The Issuer makes a bona fide solicitation for the purchase of the investment. A bona fide solicitation is a solicitation that satisfies all of the following requirements: (1) The bid specifications are in writing and are timely forwarded to potential providers. (2) The bid specifications include all material terms of the bid. A term is material if it may directly or indirectly affect the yield or the cost of the investment. (3) The bid specifications include a statement notifying potential providers that submission of a bid is a representation that the potential provider did not consult with any other potential provider about its bid, that the bid was determined without regard to any other formal or informal agreement that the potential provider has with the issuer or any other person (whether or not in connection with the Bonds), and that the bid is not being submitted solely as a courtesy to the issuer or any other person for purposes of satisfying the requirements of paragraph (d)(6)(iii)(B)(1) or (2) of Section 1.148-5 of the Regulations. (4) The terms of the bid specifications are commercially reasonable. A term is commercially reasonable if there is a legitimate business purpose for the term other than to increase the purchase price or reduce the yield of the investment. (5) For purchases of guaranteed investment contracts only, the terms of the solicitation take into account the Issuer's reasonably expected deposit and drawdown schedule for the amounts to be invested. 16 (6) All potential providers have an equal opportunity to bid and no potential provider is given the opportunity to review other bids (i.e., a last look) before providing a bid. (7) At least three reasonably competitive providers are solicited for bids. A reasonably competitive provider is a provider that has an established industry reputation as a competitive provider of the type of investments being purchased. (b) The bids received by the Issuer meet all of the following requirements: (1) The Issuer receives at least three bids from providers that the Issuer solicited under a bona fide solicitation meeting the requirements of paragraph (d)(6)(iii)(A) of Section 1.148-5 of the Regulations and that do not have a material financial interest in the issue. A lead underwriter in a negotiated underwriting transaction is deemed to have a material financial interest in the issue until 15 days after the issue date of the issue. In addition, any entity acting as a financial advisor with respect to the purchase of the investment at the time the bid specifications are forwarded to potential providers has a material financial interest in the issue. A provider that is a related party to a provider that has a material financial interest in the issue is deemed to have a material financial interest in the issue. (2) At least one of the three bids described in paragraph (d)(6)(iii)(B)(1) of Section 1.148-5 of the Regulations is from a reasonably competitive provider, within the meaning of paragraph (d)(6)(iii)(A)(7) of Section 1.148-5 of the Regulations. (3) If the Issuer uses an agent to conduct the bidding process, the agent did not bid to provide the investment. (c) The winning bid meets the following requirements: (1) Guaranteed investment contracts. If the investment is a guaranteed investment contract, the winning bid is the highest yielding bona fide bid (determined net of any broker's fees). (2) Other investments. If the investment is not a guaranteed investment contract, the winning bid is the lowest cost bona fide bid (including any broker's fees). (d) The provider of the investments or the obligor on the guaranteed investment contract certifies the administrative costs that it pays (or expects to pay, if any) to third parties in connection with supplying the investment. (e) The Issuer will retain the following records with the bond documents until three years after the last outstanding bond is redeemed: 17 (1) For purchases of guaranteed investment contracts, a copy of the contract, and for purchases of investments other than guaranteed investment contracts, the purchase agreement or confirmation. (2) The receipt or other record of the amount actually paid by the Issuer for the investments, including a record of any administrative costs paid by the Issuer, and the certification under paragraph (d)(6)(iii)(D) of Section 1.148-5 of the Regulations. (3) For each bid that is submitted, the name of the person and entity submitting the bid, the time and date of the bid, and the bid results. (4) The bid solicitation form and, if the terms of the purchase agreement or the guaranteed investment contract deviated from the bid solicitation form or a submitted bid is modified, a brief statement explaining the deviation and stating the purpose for the deviation. (5) For purchases of investments other than guaranteed investment contracts, the cost of the most efficient portfolio of State and Local Government Series Securities, determined at the time that the bids were required to be submitted pursuant to the terms of the bid specifications. Section IV.5 Records The Issuer will maintain records of all purchases, sales, liquidations, investments, reinvestments, redemptions, disbursements, deposits, and transfers of amounts on deposit. Section IV.6 Investments to be Legal All investments required to be made pursuant to this Certificate shall be made to the extent permitted by law. In the event that any such investment is determined to be ultra vires, it shall be liquidated and the proceeds thereof shall be invested in a legal investment, provided that prior to reinvesting such proceeds, the Issuer shall obtain an opinion of Bond Counsel to the effect that such reinvestment will not cause the Bonds to become arbitrage bonds under Sections 103, 148, 149, or any other applicable provision of the Code. ARTICLE V General Covenants The Issuer hereby covenants to perform all acts within its power necessary to ensure that the reasonable expectations set forth in Article II hereof will be realized. The Issuer reasonably expects to comply with all covenants contained in this Certificate. 18 ARTICLE VI Amendments And Additional Agreements Section VI.1 Opinion of Bond Counsel; Amendments The various provisions of this Certificate need not be observed and this Certificate may be amended or supplemented at any time by the Issuer if the Issuer receives an opinion or opinions of Bond Counsel that the failure to comply with such provisions will not cause any of the Bonds to become "arbitrage bonds" under the Code and that the terms of such amendment or supplement will not cause any of the Bonds to become "arbitrage bonds" under the Code, or otherwise cause interest on any of the Bonds to become includable in gross income for federal income tax purposes. Section VI.2 Additional Covenants, Agreements The Issuer hereby covenants to make, execute and enter into (and to take such actions, if any, as may be necessary to enable it to do so) such agreements as may be necessary to comply with any changes in law or regulations in order to preserve the tax-exempt status of the Bonds to the extent that it may lawfully do so. The Issuer further covenants (l) to impose such limitations on the investment or use of moneys or investments related to the Bonds, (2) to make such payments to the United States Treasury, (3) to maintain such records, (4) to perform such calculations, and (5) to perform such other lawful acts as may be necessary to preserve the tax- exempt status of the Bonds. Section VI.3 Internal Revenue Service Audits The Internal Revenue Service has not audited the Issuer regarding any obligations issued by or on behalf of the Issuer. To the best knowledge of the Issuer, no such obligations of the Issuer are currently under examination by the Internal Revenue Service. Section VI.4 Amendments Except as otherwise provided in Section 6.1 hereof, all the rights, powers, duties and obligations of the Issuer shall be irrevocable and binding upon the Issuer and shall not be subject to amendment or modification by the Issuer. 19 In Witness Whereof, the Issuer has caused this Certificate to be executed by its duly authorized officer, all as of the day first above written. (SEAL) 1 Finance Director, City of Iowa City, State of Iowa 20 Exhibit A Iowa City, Iowa - $10,255,000 General Obligation Bonds, Series 2022 Issue Price Certificate The undersigned, on behalf of Morgan Stanley & Co. LLC. ("Purchaser"), hereby certifies as set forth below with respect to the sale of the above -captioned obligations (the "Bonds"). 1. Reasonably Expected Initial Offering Price. a) As of the Sale Date, the reasonably expected initial offering prices of the Bonds to the Public by Purchaser are the prices listed in Schedule A (the "Expected Offering Prices"). The Expected Offering Prices are the prices for the Maturities of the Bonds used by Purchaser in formulating its bid to purchase the Bonds. Attached as Schedule B is a true and correct copy of the bid provided by Purchaser to purchase the Bonds. b) Purchaser was not given the opportunity to review other bids prior to submitting its bid. c) The bid submitted by Purchaser constituted a firm offer to purchase the Bonds. 2. Defined Terms. a) Maturity means Bonds with the same credit and payment terms. Bonds with different maturity dates, or Bonds with the same maturity date but different stated interest rates, are treated as separate Maturities. b) Public means any person (including an individual, trust, estate, partnership, association, company, or corporation) other than an Underwriter or a related party to an Underwriter. The term "related party" for purposes of this certificate generally means any two or more persons who have greater than 50 percent common ownership, directly or indirectly. c) Sale Date means the first day on which there is a binding contract in writing for the sale of a Maturity of the Bonds. The Sale Date of the Bonds is May 3, 2022. d) Underwriter means (i) the Purchaser or any person that agrees pursuant to a written contract with the Issuer (or with the lead underwriter to form an underwriting syndicate) to participate in the initial sale of the Bonds to the Public, and (ii) any person that agrees pursuant to a written contract directly or indirectly with a person described in clause (i) of this paragraph to participate in the initial sale of the Bonds to the Public (including a member of a selling group or a party to a retail distribution agreement participating in the initial sale of the Bonds to the Public). The representations set forth in this certificate are limited to factual matters only. Nothing in this certificate represents Purchaser's interpretation of any laws, including specifically Sections 103 and 148 of the Internal Revenue Code of 1986, as amended, and the 21 Treasury Regulations thereunder. The undersigned understands that the foregoing information will be relied upon by the Issuer with respect to certain of the representations set forth in the Tax Exemption Certificate and with respect to compliance with the federal income tax rules affecting the Bonds, and by Ahlers & Cooney, P.C. in connection with rendering its opinion that the interest on the Bonds is excluded from gross income for federal income tax purposes, the preparation of the Internal Revenue Service Form 8038-G, and other federal income tax advice that it may give to the Issuer from time to time relating to the Bonds. Dated: June 1, 2022 Morgan Stanley & Co. LLC. By: Name: 22 Schedule A Expected Offering Prices (Attached) 23 Schedule B Copy of Underwriter's Bid (Attached) 24 Exhibit B Iowa City, Iowa - S10,255,000 General Obligation Bonds, Series 2022 Certificate of Municipal Advisor The undersigned, on behalf of Speer Financial (the "Municipal Advisor"), as the municipal advisor to the City of Iowa City, Iowa in connection with the issuance of the above - captioned obligations (the "Bonds"), has assisted the Issuer in soliciting and receiving bids from potential underwriters in connection with the sale of the Bonds in a competitive bidding process in which bids were requested for the purchase of the Bonds at specified written terms, and hereby certifies as set forth below with respect to the bidding process and award of the Bonds. 1. The Bonds were offered for sale at specified written terms more particularly described in the Terms of Offering, which was distributed to potential bidders, a copy of which is attached to this certificate as Attachment 1. 2. The Terms of Offering were disseminated electronically through SPEERAUCTION. The method of distribution of the Terms of Offering is regularly used for purposes of disseminating notices of sale of new issuances of municipal bonds, and notices disseminated in such manner are widely available to potential bidders. 3. To the knowledge of the Municipal Advisor, all bidders were offered an equal opportunity to bid to purchase the Bonds so that, for example, if the bidding process afforded any opportunity for bidders to review other bids before providing a bid, no bidder was given an opportunity to review other bids that was not equally given to all other bidders (that is, no exclusive "last -look"). 4. The Issuer received bids from at least three bidders who represented that they have established industry reputations for underwriting new issuances of municipal bonds. Based upon the Municipal Advisor's knowledge and experience in acting as the municipal advisor for other municipal issues, the Municipal Advisor believes those representations to be accurate. Copies of the bids received are attached to this certificate as Attachment 2. 5. The winning bidder was Morgan Stanley & Co. LLC. (the "Purchaser"), whose bid was determined to be the best conforming bid in accordance with the terms set forth in the Terms of Offering, as shown in the bid comparison attached as Attachment 3 to this certificate. The Issuer awarded the Bonds to the Purchaser. The representations set forth in this certificate are limited to factual matters only. Nothing in this certificate represents the Municipal Advisor's interpretation of any laws, including specifically Sections 103 and 148 of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations thereunder. The undersigned understands that the foregoing information will be relied upon by the Issuer with respect to certain of the representations set forth in the Tax Exemption Certificate and with respect to compliance with the federal income tax rules affecting the Bonds, and by Ahlers & Cooney, P.C. as bond counsel in connection with rendering its opinion that the interest on the Bonds is excluded from gross income for federal income tax purposes, the preparation of the Internal Revenue Service Form 8038-G, and other 25 federal income tax advice that it may give to the Issuer from time to time relating to the Bonds. No other persons may rely on the representations set forth in this certificate without the prior written consent of the Municipal Advisor. Dated: June 1, 2022 Speer Financial By: Name: 26 Attachment 1 Terms of Offering (Attached) 27 Attachment 2 Bids Received (Attached) 28 02048487-1\10714-139 Attachment 3 Bid Comparison (Attached) 29 Continuing Disclosure Certificate This Continuing Disclosure Certificate (the "Disclosure Certificate") is executed and delivered by the City of Iowa City, State of Iowa (the "Issuer"), in connection with the issuance of $10,255,000 General Obligation Bonds, Series 2022 (the "Bonds") dated June 1, 2022. The Bonds are being issued pursuant to a Resolution of the Issuer approved on May 17, 2022 (the "Resolution"). The Issuer covenants and agrees as follows: Section 1. Purpose of the Disclosure Certificate; Interpretation. This Disclosure Certificate is being executed and delivered by the Issuer for the benefit of the Holders and Beneficial Owners of the Bonds and in order to assist the Participating Underwriters in complying with S.E.C. Rule 15c2 -12(b)(5). This Disclosure Certificate shall be governed by, construed and interpreted in accordance with the Rule, and, to the extent not in conflict with the Rule, the laws of the State. Nothing herein shall be interpreted to require more than required by the Rule. Section 2. Definitions. In addition to the definitions set forth in the Resolution, which apply to any capitalized term used in this Disclosure Certificate unless otherwise defined in this Section, the following capitalized terms shall have the following meanings: "Annual Financial Information" shall mean financial information or operating data of the type included in the final Official Statement, provided at least annually by the Issuer pursuant to, and as described in, Sections 3 and 4 of this Disclosure Certificate. "Beneficial Owner" shall mean any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bonds (including persons holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. "Business Day" shall mean a day other than a Saturday or a Sunday or a day on which banks in Iowa are authorized or required by law to close. "Dissemination Agent" shall mean the Issuer or any Dissemination Agent designated in writing by the Issuer and which has filed with the Issuer a written acceptance of such designation. "Financial Obligation" shall mean a (i) debt obligation; (ii) derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation; or (iii) guarantee of (i) or (ii). The term Financial Obligation shall not include municipal securities as to which a final official statement has been provided to the MSRB consistent with S.E.C. Rule 15c2-12. "Holders" shall mean the registered holders of the Bonds, as recorded in the registration books of the Registrar. "Listed Events" shall mean any of the events listed in Section 5(a) of this Disclosure Certificate. "Municipal Securities Rulemaking Board" or "MSRB" shall mean the Municipal Securities Rulemaking Board, 1300 I Street NW, Suite 1000, Washington, DC 20005. "National Repository" shall mean the MSRB's Electronic Municipal Market Access website, a/k/a "EMMA" (emma.msrb.org). "Official Statement" shall mean the Issuer's Official Statement for the Bonds, dated May 3, 2022. "Participating Underwriter" shall mean any of the original underwriters of the Bonds required to comply with the Rule in connection with offering of the Bonds. "Rule" shall mean Rule 15c2-12 adopted by the Securities and Exchange Commission (S.E.C.) under the Securities Exchange Act of 1934, and any guidance and procedures thereunder published by the S.E.C., as the same may be amended from time to time. "State" shall mean the State of Iowa. Section 3. Provision of Annual Financial Information. a) The Issuer shall, or shall cause the Dissemination Agent to, not later than two hundred ten (210) days after the end of the Issuer's fiscal year (presently June 30th), commencing with information for the 2021/2022 fiscal year, provide to the National Repository an Annual Financial Information filing consistent with the requirements of Section 4 of this Disclosure Certificate. The Annual Financial Information filing must be submitted in such format as is required by the MSRB (currently in "searchable PDF" format). The Annual Financial Information filing may be submitted as a single document or as separate documents comprising a package. The Annual Financial Information filing may cross-reference other information as provided in Section 4 of this Disclosure Certificate; provided that the audited financial statements of the Issuer may be submitted separately from the balance of the Annual Financial Information filing and later than the date required above for the filing of the Annual Financial Information if they are not available by that date. If the Issuer's fiscal year changes, it shall give notice of such change in the same manner as for a Listed Event under Section 5(c). b) If the Issuer is unable to provide to the National Repository the Annual Financial Information by the date required in subsection (a), the Issuer shall send a notice to the Municipal Securities Rulemaking Board, if any, in substantially the form attached as Exhibit A. c) The Dissemination Agent shall: i. each year file Annual Financial Information with the National Repository; and ii. (if the Dissemination Agent is other than the Issuer), file a report with the Issuer certifying that the Annual Financial Information has been filed pursuant to this Disclosure Certificate, stating the date it was filed. Section 4. Content of Annual Financial Information. The Issuer's Annual Financial Information filing shall contain or incorporate by reference the following: a) The last available audited financial statements of the Issuer for the prior fiscal year, prepared in accordance with generally accepted accounting principles promulgated by the Financial Accounting Standards Board as modified in accordance with the governmental accounting standards promulgated by the Governmental Accounting Standards Board or as otherwise provided under State law, as in effect from time to time, or, if and to the extent such financial statements have not been prepared in accordance with generally accepted accounting principles, noting the discrepancies therefrom and the effect thereof. If the Issuer's audited financial statements for the preceding years are not available by the time Annual Financial Information is required to be filed pursuant to Section 3(a), the Annual Financial Information filing shall contain unaudited financial statements of the type included in the final Official Statement, and the audited financial statements shall be filed in the same manner as the Annual Financial Information when they become available. b) A table, schedule or other information prepared as of the end of the preceding fiscal year, of the type contained in the final Official Statement under the captions: • Debt Limit. • Direct Debt. • General Obligation Debt. • Statement of Bonded Indebtedness. • Other Obligations. • Percentages for Taxable Valuation After Rollbacks. • Building Permits. • Property Valuations and Trend of Valuations -Actual (100%) Valuations for the City. • Property Valuations and Trend of Valuations -Taxable ("Rollback") Valuations for the City. • Levies and Tax Collections. • Larger Taxpayers. • Tax Rates. • Statement of Net Position -Governmental Activities. • Statement of Activities -Governmental Activities. • Balance Sheet -General Fund. • Statement of Revenues, Expenditures and Changes in Fund Balance -General Fund. Any or all of the items listed above may be included by specific reference to other documents, including official statements of debt issues of the Issuer or related public entities, which have been filed with the National Repository. The Issuer shall clearly identify each such other document so included by reference. Section 5. Reporting of Significant Events. a) Pursuant to the provisions of this Section, the Issuer shall give, or cause to be given, notice of the occurrence of any of the following events with respect to the Bonds in a timely manner not later than 10 Business Days after the day of the occurrence of the event: i. Principal and interest payment delinquencies; ii. Non-payment related defaults, if material; iii. Unscheduled draws on debt service reserves reflecting financial difficulties; iv. Unscheduled draws on credit enhancements relating to the Bonds reflecting financial difficulties; v. Substitution of credit or liquidity providers, or their failure to perform; vi. Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax-exempt status of the Series Bonds, or material events affecting the tax-exempt status of the Bonds; vii. Modifications to rights of Holders of the Bonds, if material; viii. Bond calls (excluding sinking fund mandatory redemptions), if material, and tender offers; ix. Defeasances of the Bonds; x. Release, substitution, or sale of property securing repayment of the Bonds, if material; xi. Rating changes on the Bonds; xii. Bankruptcy, insolvency, receivership or similar event of the Issuer; xiii. The consummation of a merger, consolidation, or acquisition involving the Issuer or the sale of all or substantially all of the assets of the Issuer, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; xiv. Appointment of a successor or additional trustee or the change of name of a trustee, if material; xv. Incurrence of a Financial Obligation of the Issuer, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a Financial Obligation of the Issuer, any of which affect security holders, if material; and xvi. Default, event of acceleration, termination event, modification of terms or other similar events under the terms of a Financial Obligation of the Issuer, any of which reflect financial difficulties. b) Whenever the Issuer obtains the knowledge of the occurrence of a Listed Event, the Issuer shall determine if the occurrence is subject to notice only if material, and if so shall as soon as possible determine if such event would be material under applicable federal securities laws. c) If the Issuer determines that knowledge of the occurrence of a Listed Event is not subject to materiality, or determines such occurrence is subject to materiality and would be material under applicable federal securities laws, the Issuer shall promptly, but not later than 10 Business Days after the occurrence of the event, file a notice of such occurrence with the Municipal Securities Rulemaking Board through the filing with the National Repository. Section 6. Termination of Reporting Obligation. The Issuer's obligations under this Disclosure Certificate with respect to each Series of Bonds shall terminate upon the legal defeasance, prior redemption or payment in full of all of the Bonds of that Series or upon the Issuer's receipt of an opinion of nationally recognized bond counsel to the effect that, because of legislative action or final judicial action or administrative actions or proceedings, the failure of the Issuer to comply with the terms hereof will not cause Participating Underwriters to be in violation of the Rule or other applicable requirements of the Securities Exchange Act of 1934, as amended. Section 7. Dissemination Agent. The Issuer may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligations under this Disclosure Certificate, and may discharge any such Agent, with or without appointing a successor Dissemination Agent. The Dissemination Agent shall not be responsible in any manner for the content of any notice or report prepared by the Issuer pursuant to this Disclosure Certificate. The initial Dissemination Agent shall be the Issuer. Section 8. Amendment; Waiver. Notwithstanding any other provision of this Disclosure Certificate, the Issuer may amend this Disclosure Certificate, and any provision of this Disclosure Certificate may be waived, provided that the following conditions are satisfied: a) If the amendment or waiver relates to the provisions of Section 3(a), 4, or 5(a), it may only be made in connection with a change in circumstances that arises from a change in legal requirements, change in law, or change in the identity, nature or status of an obligated person with respect to the Bonds, or the type of business conducted; b) The undertaking, as amended or taking into account such waiver, would, in the opinion of nationally recognized bond counsel, have complied with the requirements of the Rule at the time of the original issuance of the Bonds, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances; and c) The amendment or waiver either (i) is approved by the Holders of the Bonds in the same manner as provided in the Resolution for amendments to the Resolution with the consent of Holders, or (ii) does not, in the opinion of nationally recognized bond counsel, materially impair the interests of the Holders or Beneficial Owners of the Bonds. In the event of any amendment or waiver of a provision of this Disclosure Certificate, the Issuer shall describe such amendment in the next Annual Financial Information filing, and shall include, as applicable, a narrative explanation of the reason for the amendment or waiver and its impact on the type (or in the case of a change of accounting principles, on the presentation) of financial information or operating data being presented by the Issuer. In addition, if the amendment relates to the accounting principles to be followed in preparing financial statements, (i) notice of such change shall be given in the same manner as for a Listed Event under Section 5(c), and (ii) the Annual Financial Information filing for the year in which the change is made will present a comparison or other discussion in narrative form (and also, if feasible, in quantitative form) describing or illustrating the material differences between the financial statements as prepared on the basis of the new accounting principles and those prepared on the basis of the former accounting principles. Section 9. Additional Information. Nothing in this Disclosure Certificate shall be deemed to prevent the Issuer from disseminating any other information, using the means of dissemination set forth in this Disclosure Certificate or any other means of communication, or including any other information in any Annual Financial Information filing or notice of occurrence of a Listed Event, in addition to that which is required by this Disclosure Certificate. If the Issuer chooses to include any information in any Annual Financial Information filing or notice of occurrence of a Listed Event in addition to that which is specifically required by this Disclosure Certificate, the Issuer shall have no obligation under this Certificate to update such information or include it in any future Annual Financial Information filing or notice of occurrence of a Listed Event. Section 10. Default. In the event of a failure of the Issuer to comply with any provision of this Disclosure Certificate, any Holder or Beneficial Owner of the Bonds may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the Issuer to comply with its obligations under this Disclosure Certificate. Direct, indirect, consequential and punitive damages shall not be recoverable by any person for any default hereunder and are hereby waived to the extent permitted by law. A default under this Disclosure Certificate shall not be deemed an event of default under the Resolution, and the sole remedy under this Disclosure Certificate in the event of any failure of the Issuer to comply with this Disclosure Certificate shall be an action to compel performance. Section 11. Duties, Immunities and Liabilities of Dissemination Agent. The Dissemination Agent shall have only such duties as are specifically set forth in this Disclosure Certificate, and the Issuer agrees to indemnify and save the Dissemination Agent, its officers, directors, employees and agents, harmless against any loss, expense and liabilities which it may incur arising out of or in the exercise or performance of its powers and duties hereunder, including the costs and expenses (including attorneys' fees) of defending against any claim of liability, but excluding liabilities due to the Dissemination Agent's negligence or willful misconduct. The obligations of the Issuer under this Section shall survive resignation or removal of the Dissemination Agent and payment of the Bonds. Section 12. Beneficiaries. This Disclosure Certificate shall inure solely to the benefit of the Issuer, the Dissemination Agent, the Participating Underwriters and Holders and Beneficial Owners from time to time of the Bonds, and shall create no rights in any other person or entity. Section 13. Rescission Rights. The Issuer hereby reserves the right to rescind this Disclosure Certificate without the consent of the Holders in the event the Rule is repealed by the S.E.C. or is ruled invalid by a federal court and the time to appeal from such decision has expired. In the event of a partial repeal or invalidation of the Rule, the Issuer hereby reserves the right to rescind those provisions of this Disclosure Certificate that were required by those parts of the Rule that are so repealed or invalidated. Date: Attest: ) By: City Clerk day of , 2022. City of Iowa City, State of Iowa Exhibit A Notice To National Repository Of Failure To File Annual Financial Information Name of Issuer: City of Iowa City, Iowa. Name of Bond Issue: $10,255,000 General Obligation Bonds, Series 2022 Dated Date of Issue: June 1, 2022 Notice Is Hereby Given that the Issuer has not provided Annual Financial Information with respect to the above-named Bonds as required by Section 3 of the Continuing Disclosure Certificate delivered by the Issuer in connection with the Bonds. The Issuer anticipates that the Annual Financial Information will be filed by Dated: 02033857-I\10714-139 day of , 20 . City of Iowa City, State of Iowa By: Its: Delivery Certificate We the undersigned City Officials, do hereby certify that we are the officers, respectively below indicated, of a municipal corporation in the State of Iowa, known as the City of Iowa City, State of Iowa; that in pursuance of the provisions of Sections 384.25, 384.26 and 384.28, Code of Iowa, there have been heretofore lawfully authorized and this day by us lawfully executed, issued, caused to be registered, authenticated and delivered fully registered General Obligation Bonds, Series 2022, of the City of Iowa City, State of Iowa, in the amount of $10,255,000, dated June 1, 2022, bearing interest and maturing as follows: Principal Interest Maturity Amount Rate June 1st $1,315,000 5.000% 2023 $995,000 5.000% 2024 $995,000 5.000% 2025 $995,000 5.000% 2026 $995,000 5.000% 2027 $995,000 5.000% 2028 $995,000 4.000% 2029 $995,000 3.000% 2030 $995,000 3.250% 2031 $980,000 3.300% 2032 Each of the Bonds has been executed with the manual or facsimile signature of the Mayor and the manual or facsimile signature of the City Clerk of the City. The Bonds have been delivered to DTC on behalf of: Morgan Stanley & Co. LLC. of New York, New York and have been paid for in accordance with the terms of the contract of sale and at a price of $10,790,326.10, and accrued interest. We further certify that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City, or the titles of the undersigned City officers to their respective positions, or the validity of the Bonds, or the power and duty of the City to provide and apply adequate taxes for the full and prompt payment of the principal and interest of the Bonds, and that no measure or provision for the authorization or issuance of the Bonds has been repealed or rescinded. We further certify that due provision has been made for the collection of sufficient taxes to meet all payments coming due, whether of principal or of interest on the Bond Issue; that all payments coming due before the next collection of the tax provided for as aforesaid will be paid promptly when due from cash on hand; and that the proceedings authorizing the issuance and delivery of the Bonds remain in full force and effect and have not been withdrawn, amended or rescinded. To the best of our knowledge, information and belief, we further certify that the Official Statement dated May 3, 2022, as of its date and the date hereof, did not and does not contain any untrue statement of material fact or omit to state a material fact necessary in order to make the statements made therein, in light of the circumstances under which they were made, not misleading. We further certify that each of the officers whose signatures appear on the Bonds were in occupancy and possession of their respective offices at the time the Bonds were executed and do hereby adopt and affirm their signatures appearing in the Bonds. We further certify that the present financial condition of the Bond is as follows: Assessed and taxable value of all taxable property within the City, except moneys and credits and tax-free lands (Year 2021/2022), according to the last completed State and County tax lists (100% - Before Rollback) Total general obligation bonded indebtedness of the City, including this issue All other general obligation indebtedness, (including warrants, judgments, contracts of purchase or lease/purchase, self-insurance or local government risk pool obligations, loan agreements, and revenue bonds issued under Code Section 403.9), of the City of any kind $7,019,346,321 $53,935,000 $47,854,850 IN WITNESS WHEREOF, we have hereunto affixed our hands at the City of Iowa City, State of Iowa, this day of , 2022. Mayors /1/4 o , Caim City C1e k Finance Director (City Seal) 02048760-1\10714-139 Transcript Certificate I, the undersigned, being first duly sworn, do hereby depose and certify that I am the duly appointed, qualified and acting City Clerk of the City of Iowa City, State of Iowa, and that as such Clerk I have in my possession or have access to the complete corporate records of the City and of its Council and officials, and that I have carefully compared the transcript hereto attached with the aforesaid corporate records and that the transcript hereto attached is a true and complete copy of all the corporate records in relation to the authorization, issuance and disposition of $10,255,000 General Obligation Bonds, Series 2022, of the City dated June 1, 2022, and that the transcript hereto attached contains a true and complete statement of all the measures adopted and proceedings, acts and things had, done and performed up to the present time, in relation to the authorization, issuance and disposition of the Bonds, and that the City Council consists of a Mayor and six (6) Council Members, and that the offices were duly and lawfully filled by the individuals listed in the attached transcript as of the dates and times referred to therein. I further certify that the City is and throughout the period of such proceedings has been governed under the Mayor/Council form of municipal government authorized by Chapter 372, Code of Iowa, under the provisions of its charter as recorded with the Secretary of State. I further certify that according to the records in my office, the named members of the Council were duly and regularly elected to such office, and were, during all of the year 2022, and now are, the legally elected, constituted and acting City Council of the City. I further certify that no litigation is pending, prayed or threatened affecting the validity of the Bonds hereinabove referred to, nor affecting the title of any of the City officers and Council Members to their official positions. I further certify that all meetings of the City Council of the City at which action was taken in connection with the Bonds were open to the public at all times in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and was duly given at least twenty-four hours prior to the commencement of the meeting by notification of the communications media having requested such notice and posted on a bulletin board or other prominent place designated for the purpose and easily accessible to the public at the principal office of the Council all pursuant to the provisions and in accordance with the conditions of the local rules of the Council and Chapter 21, Code of Iowa. I further certify that no City officer or employee has any interest in the contract for the sale of the Bonds or any matter incidental thereto, according to my best knowledge and belief. WITNESS my hand and the seal of the City hereto attached this 17th day of May , 2022, at Iowa City, Iowa. r Sk,CiofS&ate of Iowa (SEAL) Finally, the below stated officers whose signatures appear hereafter are now the duly qualified and acting officials of the City, possessed of the offices as designated below, to -wit: Mayor: Bruce Teague City Clerk: /5"tre-c—iginal. Sign Kelliee Fruehling-ehli V (Original (- Finance Director: Nicole Davies State of Iowa County of Johnson g ature) "LiOriginal Sign ) SS Subscribed and sworn to before me by Bruce Teague, Kellie Fruehling and Nicole Davies on this 1.7 1' day of /tl tLc^ , 2022. (Seal) ASHLEY A JAY-PLATZ Commission No. 785030 My Commission Expires July 14, 2023 02048779-1\10714-139 111111, 1 NotaryPublirg *for JohOtisCounty, Iowa Authentication Order The undersigned Finance Director of the City of Iowa City, State of Iowa (the "Issuer"), pursuant to a resolution of the City Council of the City of Iowa City, authorizing the issuance and delivery of the Bonds, acting for and on behalf of the Issuer, hereby deliver to U.S. Bank, National Association (the "Registrar") $10,255,000 aggregate principal amount of Issuer's General Obligation Bonds, Series 2022, dated June 1, 2022 in fully registered form, bearing interest, maturing and conforming to the specifications set forth in the Resolution (the "Bonds"). Each Bond has been executed on behalf of the Issuer with the manual or facsimile signature of the Mayor and the manual or facsimile signature of the City Clerk. The signatures are hereby ratified, affirmed and adopted. The seal of the Issuer is printed or impressed thereon. The Registrar is hereby requested to authenticate the Bonds and to complete the records with respect to registration as provided in the Bond Resolution and the instructions of the Original Purchaser as to designation of owners of the Bonds. Upon such authentication, the Registrar is authorized to deliver the Bonds on behalf of Issuer to the Original Purchaser, Morgan Stanley & Co. LLC., or their registered assigns, upon receipt of payment therefor in immediately available funds of the agreed purchase price plus accrued interest to the date of delivery as shown on Exhibit A attached hereto and incorporated herein, subject to the receipt at closing of the opinion of bond counsel. The Original Purchaser shall deposit the monies to the account of Issuer as designated in Exhibit A. The acknowledgment of receipt of the Bonds by the Original Purchasers, or registered assigns, shall be evidenced by separate signed receipts or certificates. Dated: this 17th day of May , 2022 Finance Director (Seal) Exhibit A Closing Amounts Deposit of Funds Instructions (See attached closing letter of the Financial Consultant) 02048816-1\10714-139 County Auditor's Certificate I� s NA r� `, CSounty Auditor of Johnson County, State of Iowa, hereby certify that ori the 2 i) day of , 2022 there was filed in my office the Resolution of the City Council of the City o Iowa City, State of Iowa, adopted on the 17`h day of May, 2022, such Resolution levying a to or the purpose of paying principal and interest on $10,255,000 of General Obligation Bonds, Series 2022, dated June 1, 2022, and authorizing the issuance of the Bonds. (County Seal) 02048810-1\10714-139 County Audito of John5n County, ate of Iowa Form 8038-G (Rev. October 2021) Department of the Treasury Internal Revenue Service Information Return for Tax -Exempt Governmental Bonds ► Under Internal Revenue Code section 149(e) ► See separate instructions. Caution: If the issue price is under$100,000, use Form 8038 -GC. ► Go to www.irs.gov/F8038G for instructions and the latest information. OMB No. 1545-0047 Part 1 Reporting Authori Check box if Amended Retum ► ❑ 1 Issuer's name City of Iowa City, Iowa 2 Issuer's employer Identification number (SIN) 3a Name of person (other than issuer) with whom the IRS may communicate about this retum (see instructions) 3b Telephone number of other person shown on 3a 4 Number and street (or P.O. box 11 mail is not delivered to street address) 410 E. Washington Street Room/suite 5 Report number For IRS Use Only) - 13 l t ` •'7 6 City. town, or post office. state. and ZIP code Iowa City, Iowa 52240 7 Date of issue June 1, 2022 8 Name of issue General Obligation Bonds, Series 2022 9 CUSIP number 462308 R25 10a Name and title of officer or other employee of the issuer whom the IRS may call for more information Nicole Davies, Finance Director 10b Telephone number of officer or other employee shown on 10a 319-356-5053 Part II Type of Issue (Enter the issue price.) See the instructions and attach schedule. 11 12 Health and hospital 13 Transportation 14 Public safety 15 Environment (including sewage bonds) 16 Housing 17 Utilities 18 Other. Describe IP Education 19a If bonds are TANS or RANs, check only box 19a b If bonds are BANs, check only box 19b 20 If bonds are in the form of a lease or installment sale, check box 11 12 13 14 15 16 17 18 Part III Description of Bonds. Complete for the entire issue for which this form is being filed. (a) Final maturity date . (b) Issue price (c) Stated redemption once at maturity (d) Weighted average maturity (e) Yield 21 06/01/2032 $ 10,807,660.50 $ 10,255,000 5.309 years 2.883569 I fl I 1 Uses of Proceeds of Bond Issue (includina underwriters' discount) 22 Proceeds used for accrued interest 23 Issue price of entire issue (enter amount from line 21, column (b)) 24 Proceeds used for bond issuance costs (including underwriters' discount) 25 Proceeds used for credit enhancement 26 Proceeds allocated to reasonably required reserve or replacement fund 27 Proceeds used to refund prior tax-exempt bonds. Complete Part V . 28 Proceeds used to refund prior taxable bonds. Complete Part V . . 29 Total (add lines 24 through 28) 30 24 90,754.40 22 -0- 23 10,807,660.50 25 26 27 -0-0 28 -0- Nonrefunding proceeds of the issue (subtract line 29 from line 23 and enter amount here) . . Description of Refunded Bonds. Complete this part only for refunding bonds. 31 Enter the remaining weighted average maturity of the tax-exempt bonds to be refunded . . . 32 Enter the remaining weighted average maturity of the taxable bonds to be refunded . . . . 33 Enter the last date on which the refunded tax-exempt bonds will be called (MM/DD/YYYY) . . 34 Enter the date(s) the refunded bonds were issued ► (MM/DD/YYYY) For Paperwork Reduction Act Notice, see separate instructions. Part V 29 90,754.40 30 10,716,906.10 0.0000 years 0.0000 years Cat. No. 63773S Form 8038-G (Rev. 10-2021) Form 8038-G (Rev. 10-2021) Page 2 {ifLiiY Miscellaneous 35 Enter the amount of the state volume cap allocated to the issue under section 141(b)(5) . . . . 35 -0- 36a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract (GIC). See instructions 36a -0- b Enter the final maturity date of the GIC (MM/DD/YYYY) c Enter the name of the GIC provider - 37 Pooled financings: Enter the amount of the proceeds of this issue that are to be used to make loans to other governmental units 37 -0- 38a If this issue is a loan made from the proceeds of another tax-exempt issue, check box 0 ❑ and enter the following information: b Enter the date of the master pool bond 0 (MM/DD/YYYY) c Enter the EIN of the issuer of the master pool bond ► d Enter the name of the issuer of the master pool bond 0 39 If the issuer has designated the issue under section 265(b)(3)(B)(i)(III) (small issuer exception), check box . . . ► ❑ 40 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check box ► ❑ 41 a If the issuer has identified a hedge, check here 0 ❑ and enter the following information: b Name of hedge provider - c Type of hedge ► - d Term of hedge 0 - 42 If the issuer has superintegrated the hedge, check box 0 ❑ 43 If the issuer has established written procedures to ensure that all nonqualified bonds of this issue are remediated according to the requirements under the Code and Regulations (see instructions), check box 0 2 44 If the issuer has established written procedures to monitor the requirements of section 148, check box 0 45a If some portion of the proceeds was used to reimburse expenditures, check here 0- ❑ and enter the amount of reimbursement ► h Enter the date the official intent was adopted 0 (MM/DD/YYYY) Under penalties of perjury. I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge S. nature and belief, they are true. correct, and complete, I further declare that I consent to the IRS's disclosure of the issuer's retum information, as necessary to 9 process this return, to the person that I have authorized above. and Consent i/ �� �L� Nicole Davies, Finance Director Signature of issuers authorized representative Date ' Type or pnnt name and titte Paid Preparer Use Only Pdnt/Type preparer's name Kristin Billingsley Cooper Preparer's signature Date ❑ if PTIN P02001942 42-1323559 515-243-7611 Form 8038-G (Rev. 10-2021) Check self-employed Amis name ► Ahlers 8 Cooney, P.0 Firm's address ► 100 Court Avenue, Suite 600, Des Moines, Iowa 50309 Firm's EIN ► Phone no. AGREEMENT RELATING TO PAYING AGENCY, REGISTRAR AND TRANSFER AGENCY THIS PAYING AGENT/BOND REGISTRAR AGREEMENT (this "Agreement"), is entered into as of June 1, 2022 by and between the City of Iowa City, Iowa (the "Issuer"), and U.S. Bank National Association ("Bank"), as Paying Agent and Bond Registrar. RECITALS WHEREAS the Issuer has duly authorized and provided for the issuance of its Bonds, entitled General Obligation Bonds, Series 2022 (the "Bonds") in an aggregate principal amount of $10,255,000 to be issued as fully registered bonds without coupons; WHEREAS the Issuer will ensure all things necessary to make the Bonds the valid obligations of the Issuer, in accordance with their terms, will be done upon the issuance and delivery thereof; WHEREAS the Issuer and the Bank wish to provide the terms under which Bank will act as Paying Agent to pay the principal, redemption premium (if any) and interest on the Bonds, in accordance with the terms thereof, and under which the Bank will act as Registrar for the Bonds; WHEREAS the Bank has agreed to serve in such capacities for and on behalf of the Issuer and has full power and authority to perform and serve as Paying Agent and Bond Registrar for the Bonds; WHEREAS the Issuer has duly authorized the execution and delivery of this Agreement; and all things necessary to make this Agreement a valid agreement have been done. NOW, THEREFORE, it is mutually agreed as follows: ARTICLE ONE DEFINITIONS Section 1.01. Definitions. For all purposes of this Agreement except as otherwise expressly provided or unless the context otherwise requires: Definition of Terms. The terms "item", "receipt", "transfer", "turnaround", "process", "business day", and other terms used throughout the Agreement shall be deemed to have the meanings provided in Rules 17Ad-1 and 17Ad-2 of the Regulations promulgated pursuant to the Securities Exchange Act of 1934 and Section 76.10(4) of the Code of Iowa, as amended and in effect from time to time. "Bank" means U.S. Bank National Association, a national banking association organized and existing under the laws of the United States of America. "Bond Register" means the book or books of registration kept by the Bank in which are maintained the names and addresses and principal amounts registered to each Registered Owner. "Fiscal Year" means the fiscal year of the Issuer ending on June 30 of each year. "Issuer" means City of Iowa City, Iowa. "Paying Agent" or "Agent" means the Bank when it is performing the function of paying agent for the Bonds. "Person" means any individual, corporation, partnership, joint venture, association, joint stock company, trust, unincorporated organization or government or any agency or political subdivision of a government or any entity whatsoever. "Registered Owner" means a Person in whose name a Bond is registered in the Bond Register. "Registrar" means the Bank when it is performing the function of registrar for the Bonds. "Stated Maturity" when used with respect to any Bond means the date specified in the Bond as the date on which the principal of such Bond is due and payable. ARTICLE TWO APPOINTMENT OF BANK AS PAYING AGENT AND BOND REGISTRAR Section 2.01. Appointment and Acceptance. The Issuer hereby appoints the Bank to act as Paying Agent with respect to the Bonds, to pay to the Registered Owners in accordance with the terms and provisions of this Agreement the principal of, redemption premium (if any), and interest on all or any of the Bonds. The Issuer hereby appoints the Bank as Registrar with respect to the Bonds. As Registrar, the Bank shall keep and maintain for and on behalf of the Issuer, books and records as to the ownership of the Bonds and with respect to the transfer and exchange thereof as herein provided. The Bank hereby accepts its appointment, and agrees to act as Paying Agent and Bond Registrar. Section 2.02. Compensation. As compensation for the Bank's services as Paying Agent and Bond Registrar, the Issuer hereby agrees to pay the Bank the fees and amounts set forth in the Bank's proposal for paying agent/registrar services dated March 12, 2015. In addition, the Issuer agrees to reimburse the Bank, upon its request, for all reasonable and necessary out-of- pocket expenses, disbursements, and advances, including without limitation the reasonable fees, expenses, and disbursements made or incurred by the Bank in connection with entering into and performing under this Agreement. ARTICLE THREE PAYING AGENT Section 3.01. Duties of Paying Agent. As Paying Agent, the Bank, provided sufficient collected funds have been provided to it for such purpose by or on behalf of the Issuer, shall pay on behalf of the Issuer the principal of, redemption premium, if any, and interest on each Bond in accordance with the provisions of theBond. Section 3.02. Payment Dates. The Issuer hereby instructs the Bank to pay the principal of, redemption premium (if any) and interest on the Bonds, to the extent such funds have herein been provided by the Issuer, as follows: (a) The Issuer hereby agrees to provide the Paying Agent with sufficient funds to make principal and interest payments as follows: (I) payment by check must be received by the Paying Agent at least 5 business days prior to payment date and (2) payment by wire must be received by the Paying Agent by the payment date and no later than 11:30 a.m. CST. (b) On each payment date Agent will pay interest and, upon presentation and surrender of the matured or called Obligations, will pay principal to each registered owner of the Obligations as of the record date by mailing a check to each such owner. In any case where the date of maturity of interest on or principal of the Obligations or the date fixed for redemption of any Obligations shall be a Sunday or a legal holiday or a day on which the banking institutions are authorized by law to close, then payment of interest or principal may be made on the succeeding business day with the same force and effect as if made on the date of maturity or the date fixed for redemption. Provided, however, that payment of principal shall be made not later than the second day after receipt of the matured Obligation (c) When the Agent shall receive notice from Issuer of its option to redeem Obligations prior to maturity, the Agent shall select the Obligations to be redeemed and give notice of the redemption thereof, all in accordance with the terms of the Obligations and the Resolution. The Bank shall not be required to pay interest on any funds of the Issuer for any period during which such funds are held by the Bank awaiting the presentation of the Bonds for payment. ARTICLE FOUR REGISTRAR Section 4.01. Initial Delivery of Bonds. The Bonds will be initially registered and delivered to the purchaser designated by the Issuer as one Bond for each maturity. If such purchaser delivers a written request to the Bank not later than five business days prior to the date of initial delivery, the Bank will, on the date of initial delivery, deliver Bonds of authorized denominations, registered in accordance with the instructions in such written request. Section 4.02. Duties of Registrar. The Bank shall provide for the proper registration of transfer, exchange and replacement of the Bonds. Every Bond surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, the signature on which has been guaranteed by an eligible guarantor institution, in form acceptable to the Bank, duly executed by the Registered Owner thereof or his attorney duly authorized in writing. The Registrar may request any supporting documentation it deems necessary or appropriate to affect a re -registration. Bank shall comply at all times with such rules, regulations, and requirements as may govern the registration, transfer and payment of registered Bonds including without limitation Chapters 76, 384, 554.8101 et seq. Code of Iowa and standards issued from time to time by the Municipal Securities Rulemaking Board of the United States and any other securities industry standard and the requirements of the Internal Revenue Code of 1986. For purposes of determining the registered owners of the Bonds, the record date shall be deemed to be the fifteenth day of the month preceding the date on which payment of principal, premium, if any, or interest is payable to the registered owners of the Bonds ("payment date") whether such payment is due to optional redemption, operation of a sinking fund, or for any other reason. Bank agrees that it will turnaround within three business days of receipt all items received in proper form for transfer, process or other action pursuant to the terms of this Agreement. Bank will promptly cancel and deliver to Issuer all Bonds or certificates representing the Bonds surrendered to it upon payment of the principal, premium, if any, and interest owing on such Bonds. In the event any payment check representing payment of interest or principal on the Bonds is returned to the Bank or is not presented for payment, or if any Bonds is not presented for payment of principal or premium, if any, at the maturity or redemption date, if funds sufficient to pay such interest on Bonds shall have been made available to the Bank for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or payment of such Bonds shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Bank to hold such funds, without liability for interest thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Agreement or on, or with respect to, such interest or Bonds. The Bank's obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Bank, shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Agreement by the Owners of such interest or Bonds of whatever nature shall be made upon the Issuer. Section 4.03. Unauthenticated Bonds. The Issuer shall provide to the Bank on a continuing basis, an adequate inventory of unauthenticated Bonds to facilitate transfers. The Bank agrees that it will maintain such unauthenticated Bonds in safekeeping. Section 4.04. Form of Bond Register. The Bank as Registrar will maintain its records as Bond Registrar in accordance with standards issued from time to time by the Municipal Securities Rulemaking Board of the United States and any other securities industry standard and the requirements of the Internal Revenue Code of 1986 and Chapter 76 of the Code of Iowa. Section 4.05. Reports. The records of Bank shall be in such form as to be in compliance with standards issued from time to time by the Municipal Securities Rulemaking Board of the United States and any other securities industry standard and the requirements of the Internal Revenue Code of 1986 and Chapter 76 of the Code of Iowa. Bank's records in connection with the Bonds shall remain confidential records entitled to protection and confidentiality pursuant to Section 22.7(17), Code of Iowa. Agent agrees that its use of the records will be limited to the purposes of this Agreement and that Agent will make no private use or permit any private access thereto. The Bank will not release or disclose the content of the Bond Register to any person other than to the Issuer at its written request, except upon receipt of a subpoena or court order or as may otherwise be required by law. Upon receipt of a subpoena or court order the Bank will notify the Issuer. Section 4.06. Cancelled Bonds. All Bonds surrendered for payment, redemption, transfer, exchange, or replacement, if surrendered to the Bank, shall be promptly cancelled by it and, if surrendered to the Issuer, shall be delivered to the Bank and, if not already cancelled, shall be promptly cancelled by the Bank. The Issuer may at any time deliver to the Bank for cancellation any Bonds previously authenticated and delivered which the Issuer may have acquired in any manner whatsoever, and all Bonds so delivered shall be promptly cancelled by the Bank. All cancelled Bonds held by the Bank for its retention period then in effect and shall thereafter be returned tothe Issuer. Section 4.07. Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be destroyed, stolen or lost, the Bank shall deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any such Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Bank in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing by the owner with the Bank of evidence satisfactory to the Bank that such Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Bank of an appropriate bond of indemnity in form, substance and amount as may be required by law and as is satisfactory to the Bank. All Bonds so surrendered to the Bank shall be canceled by it and evidence of such cancellation shall be given to the Issuer. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Bond prior to payment, provided that the owner shall first provide the Bank with a bond of indemnity as set forth above. ARTICLE FIVE THE BANK Section 5.01. Duties of Bank. The Bank undertakes to perform the duties set forth herein. No implied duties or obligations shall be read into this Agreement against the Bank. The Bank hereby agrees to use the funds deposited with it for payment of the principal of and interest on the Bonds to pay the same as it shall become due and further agrees to establish and maintain such accounts and funds as may be required for the Bank to function as Paying Agent. Section 5.02. Reliance on Documents. Etc. (a) The Bank may conclusively rely, as to the truth of the statements and correctness of the opinions expressed therein, on certificates or opinions expressed therein, on certificates or opinions furnished to the Bank by theIssuer. (b) Bank may rely conclusively and act, without further investigation, upon any list, instruction, certification, authorization, certificate or other instrument or paper suitably guaranteed and believed by it in good faith and due diligence in performing its functions to be genuine and to have been signed, countersigned or executed by any duly authorized person or persons or upon the instruction of any authorized officer of Issuer or upon the advice of' Issuer's counsel; and may register any certificate representing the Bonds or may refuse to register any such certificate if in good faith Bank deems such refusal necessary in order to avoid any liability on the part of either Issuer or Bank, and Issuer agrees to indemnify and hold harmless the Bank from and against any and all losses, costs, claims and liability for so relying or acting or refusing to act. (c) No provision of this Agreement shall require the Bank to expend or risk or use its own funds for performance of any of its duties hereunder (d) The Bank may consult with counsel for the Issuer, and the written advice or opinion of counsel for the Issuer shall be full authorization and protection with respect to any action taken, suffered or omitted by it hereunder in good faith and reliance thereon. (e) The Bank shall not be responsible for delays or failures in performance resulting from acts beyond its control, including without limitation acts of God, strikes, lockouts, riots, acts of war or terror, epidemics, governmental regulations, fire, communication line failures, computer viruses, power failures, earthquakes or other disasters. (0 The Bank is authorized, to comply with final orders issued or process entered by any court of competent jurisdiction with respect to any money held by the Bank hereunder. If any portion of money held by the Bank hereunder is at any time attached, garnished or levied upon under any court order, or in case the payment, assignment, transfer, conveyance or delivery of any such property shall be stayed or enjoined by any court order, or in case any order, judgment or decree shall be made or entered by any court affecting such property or any part thereof, then and in any such event, the Bank is authorized, to rely upon and comply with any such order, writ, judgment or decree which it is advised by legal counsel selected by the Issuer; and if the Bank complies with any such order, writ, judgment or decree, it shall not be liable to any of the parties hereto or to any other person or entity by reason of such compliance even though such order, writ, judgment or decree may be subsequently reversed, modified, annulled, set aside or vacated. Section 5.03. Recitals of Issuer. The recitals contained in the Bonds shall be taken as the statements of the Issuer, and the Bank assumes no responsibility for their correctness. Section 5.04. May Own Bonds. The Bank in its individual or any other capacity, may become the owner or pledgee of Bonds with the same rights it would have if it were not the Paying Agent and Bond Registrar for the Bonds. Section 5.05. Money Held by Bank. Money held by the Bank hereunder need not be segregated from other funds. The Bank shall have no duties with respect to investment of funds deposited with it and shall be under no obligation to pay interest on any money received by it hereunder. Any money deposited with or otherwise held by the Bank for the payment of the principal, redemption premium (if any) or interest on any Bond and remaining unclaimed, by the Registered Owner (or by the Issuer (which claim by the Issuer shall be made in writing) after maturity and prior to escheatment) will be escheated pursuant to Iowa law. If funds are returned to the Issuer, the Issuer and the Bank agree that the Registered Owner of such Bond shall thereafter look only to the Issuer for payment thereof, and that all liability of the Bank with respect to such moneys shall thereupon cease. Section 5.06. Other Transactions. The Bank may engage in or be interested in any financial or other transaction with the Issuer. Section 5.07. Interpleader. The Issuer and the Bank agree that the Bank may seek adjudication of any adverse claim, demand, or controversy over its person as well as funds on deposit, in a court situated in Johnson County Iowa. The Issuer and the Bank further agree that the Bank has the right to file an action in interpleader in any court situated in Johnson County Iowa to determine the rights of any person claiming any interest herein. Section 5.08 Insurance. The Bank shall carry insurance in the types and amounts for the duration of this agreement as listed in the Issuer's request for paying agent/registrar services dated February 20, 2015. ARTICLE SIX MISCELLANEOUS PROVISIONS Section 6.01. Amendment. This Agreement may be amended only by an agreement in writing signed by both of the parties hereto. Section 6.02. Assignment. This Agreement may not be assigned by either party without the prior written consent of the other party. Section 6.03. Notices. Any request, demand, authorization, direction, notice, consent, waiver or other document provided or permitted hereby to be given or furnished to the Issuer or the Bank shall be mailed, faxed, sent pdf or delivered to the Issuer or the Bank, respectively, at the address shown below, or such other address as may have been given by one party to the other by fifteen (15) days written notice: If to the Issuer: If to the Bank: City of Iowa City, Iowa, Finance Department Ms. Nicole Davies, Finance Director 410 E. Washington Street Iowa City, IA 52240-1826 Facsimile: 319-341-4008 U.S. Bank National Association 60 Livingston Avenue St. Paul MN 55107 Facsimile: 651-466-7431 Section 6.04. Effect of Headings. The Article and Section headings herein are for convenience of reference only and shall not affect the construction hereof. Section 6.05. Successors and Assigns. All covenants and agreements herein by the Issuer and the Bank shall bind their successors and assigns, whether so expressed or not. Section 6.06. Severability. If any provision of this Agreement shall be determined to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby. Section 6.07. Benefits of Agreement. Nothing herein, express or implied, shall give to any Person, other than the parties hereto and their successors hereunder, any benefit or any legal or equitable right, remedy or claim hereunder. Section 6.08. Entire Agreement. This Agreement shall constitute the entire agreement between the parties hereto relative to the Bank acting as Paying Agent and Bond Registrar. Section 6.09. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which shall constitute one and the same Agreement. Section 6.10. Term and Termination. This Agreement may be terminated by either party by giving the other party at least 90 days advance written notice. At termination of the Agreement, Agent shall deliver to Issuer any and all records, documents or other writings made or accumulated in the performance of its duties under this Agreement and shall refund the unearned balance, if any, of fees paid in advance by Issuer. If the Bank shall resign, or become incapable of acting, the Issuer shall promptly appoint a successor Paying Agent and Bond Registrar Section 6.11. Governing Law. This Agreement shall be construed in accordance with and shall be governed by the laws of the State of Iowa. Section 6.12. Documents to be Filed with Bank. At the time of the Bank's appointment as Paying Agent and Bond Registrar, the Issuer shall file with the Bank the following documents: (a) a specimen Bond; (b) a copy of the opinion of bond counsel provided to the Issuer in connection with the issuance of the Bonds; and (c) such other relevant information that the Bank may request. Section 6.13. Patriot Act Compliance. To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify and record information that identifies each person who opens an account. For a non -individual person such as a business entity, a charity, a Trust or other legal entity we will ask for documentation to verify its formation and existence as a legal entity. We may also ask to see financial statements, licenses, identification and authorization documents from individuals claiming authority to represent the entity or other relevant documentation. Section 6.14. Examination of Records. Issuer or its duly authorized agents may examine all records relating to the Obligations at the principal office of the Agent at reasonable times as agreed upon with the Agent and such records shall be subject to audit from time to time at the request of Issuer or Agent. The Agent, on request, will furnish Issuer with a list of the names, addresses, and other information concerning the owners of the Obligations or any of them. IN WITNESS WHEREOF, the Issuer and the Bank have caused this agreement to be executed in their respective names by their duly authorized representatives, in two counterparts, each of which shall be deemed an original. City of Iowa City, Iowa, Issuer By: Print Name: 1 r Bruce Teague Title: Mayor U.S. BANK NATIONAL ASSOCIATION, as Paying Agent, Registrar and Transfer Agent By: Authorized Representative Print Name: Jason R Dressel Title: Assistant Vice President bank. U.S. Bank Customer Confidential Schedule of Fees for Services as Paying Agent CTS010IOA Acceptance Fee The acceptance fee includes the administrative review of documents, initial set-up of the account, and other reasonably required services up to and including the closing. This is a one-time, non-refundable fee, payable at closing. CTSO4110 Paying Agent / Registrar / Transfer Agent Annual fee for the standard transfer agent, registrar, and paying agent services associated with the administration of the account. Administration fees are payable in advance. Direct Out of Pocket Expenses Reimbursement of expenses associated with the performance of our duties, including but not limited to publications, legal counsel after the initial close, travel expenses and filing fees. Extraordinary Services Extraordinary Services are duties or responsibilities of an unusual nature, including termination, but not provided for in the governing documents or otherwise set forth in this schedule. A reasonable charge will be assessed based on the nature of the services and the responsibility involved. At our option, these charges will be billed at a flat fee or at our hourly rate then in effect. 325.00 375.00 At Cost Account approval is subject to review and qualification. Fees are subject to change at our discretion and upon written notice. Fees paid in advance will not be prorated. The fees set forth above and any subsequent modifications thereof are part of your agreement. Finalization of the transaction constitutes agreement to the above fee schedule, including agreement to any subsequent changes upon proper written notice. In the event your transaction is not finalized, any related out—of-pocket expenses will be billed to you directly. Absent your written instructions to sweep or otherwise invest, all sums in your account will remain uninvested and no accrued interest or other compensation will be credited to the account. Payment of fees constitutes acceptance of the terms and conditions set forth. IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT: To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify and record information that identifies each person who opens an account. For a non -individual person such as a business entity, a charity, a Trust or other legal entity we will ask for documentation to verify its formation and existence as a legal entity. We may also ask to see financial statements, licenses, identification and authorization documents from individuals claiming authority to represent the entity or the entity or other relevant documentation. 02027997-1\10714-139 U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION AUTHORIZED SIGNER(S) I hereby certify that the following is a true and exact extract of Article VII of the Bylaws presently in effect for U.S. Bank Trust Company, National Association, an association organized and existing under the laws of the United States: ARTICLE VII Miscellaneous Provisions Section 7.1. Execution of Instruments. All agreements, checks, drafts, orders, indentures, notes, mortgages, deeds, conveyances, transfers, endorsements, assignments, certificates, declarations, receipts, discharges, releases, satisfactions, settlements, petitions, schedules, accounts, affidavits, bonds, undertakings, guarantees, proxies and other instruments or documents may be signed, countersigned, executed, acknowledged, endorsed, verified, delivered or accepted on behalf of the Association, whether in a fiduciary capacity or otherwise, by any officer of the Association, or such employee or agent as may be designated from time to time by the Board by resolution, or by the Chairman or the President by written instrument, which resolution or instrument shall be certified as in effect by the Secretary or an Assistant Secretary of the Association. The provisions of this section are supplementary to any other provision of the Articles of Association or Bylaws. I further certify that each of the persons named below of U.S. Bank Trust Company, National Association has been duly elected and qualified and now holds the office listed herein, and that the signature of such officer is authentic: Name Office Signature Angela Davis Vice President (/ ` b1li Martha Earley Vice President c Joshua Hahn Vice President 7 Donald T. Hurrelbrink Vice President11-41 . /S fw -41.6: Jaymes Paulson Vice President Christine Robinette Vice President eLe-lettubEit Daniel Sheff Vice President Molly Beane Assistant Vice President --knlit.r--- Jason Dressel Assistant Vice President Denise Landeen Authorized Signatory j p 9f (Y J2A-- Sodarany Pen Authorized Signatory 5;c24,577-414.7 Nancy Savage Authorized Signatory linc4. av IN WITNESS WHEREOF, I have hereunto set my hand to be affixed hereto this 29th day of March 2022. U.S. Bank Trust Company, National Association By: Christine Robinette Vice President Item Number: 6.d. 1 4CITY OF IOWA CITY !kr4gi,'��� COUNCIL ACTION REPORT May 17, 2022 Resolution Appointing Paying Agent, Bond Registrar, and Transfer Agent, Approving the Paying Agent and Bond Registrar and Transfer Agent Agreement and Authorizing the Execution of the Agreement. Prepared By: Jacklyn Fleagle, Assistant Finance Director Reviewed By: Nicole Davies, Finance Director Geoff Fruin, City Manager Fiscal Impact: Adopted as part of the FY2022 Revised Budget and 2022-2026 Capital Improvement Program Recommendations: Staff: Approval Commission: N/A Attachments: Agreement Relating to Paying Agency, Registrar and Transfer Agency Resolution Executive Summary: On the May 17 City Council agenda, there are two separate resolutions for the City Council to consider in order to complete the sale of the 2022 General Obligation Bonds. The first resolution appoints US Bank as the registrar and paying agent for the 2022 General Obligation Bonds and authorizes the execution of an agreement with them for these services. The second resolution approves the tax exemption certificate, the continuing disclosure certificate and authorizes the issuance of the 2022 General Obligation Bonds. The resolution also amends the tax levy requirements needed for the repayment of the bonds. Background /Analysis: On May 3, 2022, the City sold the 2022 General Obligation Bonds at a par amount of $10,255,000. The City received four bids on the 2022 General Obligation Bonds from Morgan Stanley, Robert W. Baird & Company, Hilltop Securities, and The Baker Group, LP. The lowest true interest rate bid was received from Morgan Stanley of New York, New York at 2.9355% and a price of $10,790,326.10. The 2022 General Obligation Bonds are 10 -year bonds that mature in 2032. ATTACHMENTS: Description Agreement Relating to Paying Agency, Registrar and Transfer Agency Resolution AGREEMENT RELATING TO PAYING AGENCY, REGISTRAR AND TRANSFER AGENCY THIS PAYING AGENT/BOND REGISTRAR AGREEMENT (this "Agreement"), is entered into as of June 1, 2022 by and between the City of Iowa City, Iowa (the "Issuer"), and U.S. Bank National Association ("Bank"), as Paying Agent and Bond Registrar. RECITALS WHEREAS the Issuer has duly authorized and provided for the issuance of its Bonds, entitled General Obligation Bonds, Series 2022 (the "Bonds") in an aggregate principal amount of $10,255,000 to be issued as fully registered bonds without coupons; WHEREAS the Issuer will ensure all things necessary to make the Bonds the valid obligations of the Issuer, in accordance with their terms, will be done upon the issuance and delivery thereof; WHEREAS the Issuer and the Bank wish to provide the terms under which Bank will act as Paying Agent to pay the principal, redemption premium (if any) and interest on the Bonds, in accordance with the terms thereof, and under which the Bank will act as Registrar for the Bonds; WHEREAS the Bank has agreed to serve in such capacities for and on behalf of the Issuer and has full power and authority to perform and serve as Paying Agent and Bond Registrar for the Bonds; WHEREAS the Issuer has duly authorized the execution and delivery of this Agreement; and all things necessary to make this Agreement a valid agreement have been done. NOW, THEREFORE, it is mutually agreed as follows: ARTICLE ONE DEFINITIONS Section 1.01. Definitions. For all purposes of this Agreement except as otherwise expressly provided or unless the context otherwise requires: Defmition of Terms. The terms "item", "receipt", "transfer", "turnaround", "process", "business day", and other terms used throughout the Agreement shall be deemed to have the meanings provided in Rules 17Ad-1 and 17Ad-2 of the Regulations promulgated pursuant to the Securities Exchange Act of 1934 and Section 76.10(4) of the Code of Iowa, as amended and in effect from time to time. "Bank" means U.S. Bank National Association, a national banking association organized and existing under the laws of the United States of America. "Bond Register" means the book or books of registration kept by the Bank in which are maintained the names and addresses and principal amounts registered to each Registered Owner. "Fiscal Year" means the fiscal year of the Issuer ending on June 30 of each year. "Issuer" means City of Iowa City, Iowa. "Paying Agent" or "Agent" means the Bank when it is performing the function of paying agent for the Bonds. "Person" means any individual, corporation, partnership, joint venture, association, joint stock company, trust, unincorporated organization or government or any agency or political subdivision of a government or any entity whatsoever. "Registered Owner" means a Person in whose name a Bond is registered in the Bond Register. "Registrar" means the Bank when it is performing the function of registrar for the Bonds. "Stated Maturity" when used with respect to any Bond means the date specified in the Bond as the date on which the principal of such Bond is due and payable. ARTICLE TWO APPOINTMENT OF BANK AS PAYING AGENT AND BOND REGISTRAR Section 2.01. Appointment and Acceptance. The Issuer hereby appoints the Bank to act as Paying Agent with respect to the Bonds, to pay to the Registered Owners in accordance with the terms and provisions of this Agreement the principal of, redemption premium (if any), and interest on all or any of the Bonds. The Issuer hereby appoints the Bank as Registrar with respect to the Bonds. As Registrar, the Bank shall keep and maintain for and on behalf of the Issuer, books and records as to the ownership of the Bonds and with respect to the transfer and exchange thereof as herein provided. The Bank hereby accepts its appointment, and agrees to act as Paying Agent and Bond Registrar. Section 2.02. Compensation. As compensation for the Bank's services as Paying Agent and Bond Registrar, the Issuer hereby agrees to pay the Bank the fees and amounts set forth in the Bank's proposal for paying agent/registrar services dated March 12, 2015. In addition, the Issuer agrees to reimburse the Bank, upon its request, for all reasonable and necessary out-of- pocket expenses, disbursements, and advances, including without limitation the reasonable fees, expenses, and disbursements made or incurred by the Bank in connection with entering into and performing under this Agreement. ARTICLE THREE PAYING AGENT Section 3.01. Duties of Paying Agent. As Paying Agent, the Bank, provided sufficient collected funds have been provided to it for such purpose by or on behalf of the Issuer, shall pay on behalf of the Issuer the principal of, redemption premium, if any, and interest on each Bond in accordance with the provisions of the Bond. Section 3.02. Payment Dates. The Issuer hereby instructs the Bank to pay the principal of, redemption premium (if any) and interest on the Bonds, to the extent such funds have herein been provided by the Issuer, as follows: (a) The Issuer hereby agrees to provide the Paying Agent with sufficient funds to make principal and interest payments as follows: (1) payment by check must be received by the Paying Agent at least 5 business days prior to payment date and (2) payment by wire must be received by the Paying Agent by the payment date and no later than 11:30 a.m. CST. (b) On each payment date Agent will pay interest and, upon presentation and surrender of the matured or called Obligations, will pay principal to each registered owner of the Obligations as of the record date by mailing a check to each such owner. In any case where the date of maturity of interest on or principal of the Obligations or the date fixed for redemption of any Obligations shall be a Sunday or a legal holiday or a day on which the banking institutions are authorized by law to close, then payment of interest or principal may be made on the succeeding business day with the same force and effect as if made on the date of maturity or the date fixed for redemption. Provided, however, that payment of principal shall be made not later than the second day after receipt of the matured Obligation (c) When the Agent shall receive notice from Issuer of its option to redeem Obligations prior to maturity, the Agent shall select the Obligations to be redeemed and give notice of the redemption thereof, all in accordance with the terms of the Obligations and the Resolution. The Bank shall not be required to pay interest on any funds of the Issuer for any period during which such funds are held by the Bank awaiting the presentation of the Bonds for payment. ARTICLE FOUR REGISTRAR Section 4.01. Initial Delivery of Bonds. The Bonds will be initially registered and delivered to the purchaser designated by the Issuer as one Bond for each maturity. If such purchaser delivers a written request to the Bank not later than five business days prior to the date of initial delivery, the Bank will, on the date of initial delivery, deliver Bonds of authorized denominations, registered in accordance with the instructions in such written request. Section 4.02. Duties of Registrar. The Bank shall provide for the proper registration of transfer, exchange and replacement of the Bonds. Every Bond surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, the signature on which has been guaranteed by an eligible guarantor institution, in form acceptable to the Bank, duly executed by the Registered Owner thereof or his attorney duly authorized in writing. The Registrar may request any supporting documentation it deems necessary or appropriate to affect a re -registration. Bank shall comply at all times with such rules, regulations, and requirements as may govern the registration, transfer and payment of registered Bonds including without limitation Chapters 76, 384, 554.8101 et seq. Code of Iowa and standards issued from time to time by the Municipal Securities Rulemaking Board of the United States and any other securities industry standard and the requirements of the Internal Revenue Code of 1986. For purposes of determining the registered owners of the Bonds, the record date shall be deemed to be the fifteenth day of the month preceding the date on which payment of principal, premium, if any, or interest is payable to the registered owners of the Bonds ("payment date") whether such payment is due to optional redemption, operation of a sinking fund, or for any other reason. Bank agrees that it will turnaround within three business days of receipt all items received in proper form for transfer, process or other action pursuant to the terms of this Agreement. Bank will promptly cancel and deliver to Issuer all Bonds or certificates representing the Bonds surrendered to it upon payment of the principal, premium, if any, and interest owing on such Bonds. In the event any payment check representing payment of interest or principal on the Bonds is returned to the Bank or is not presented for payment, or if any Bonds is not presented for payment of principal or premium, if any, at the maturity or redemption date, if funds sufficient to pay such interest on Bonds shall have been made available to the Bank for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or payment of such Bonds shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Bank to hold such funds, without liability for interest thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Agreement or on, or with respect to, such interest or Bonds. The Bank's obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Bank, shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Agreement by the Owners of such interest or Bonds of whatever nature shall be made upon the Issuer. Section 4.03. Unauthenticated Bonds. The Issuer shall provide to the Bank on a continuing basis, an adequate inventory of unauthenticated Bonds to facilitate transfers. The Bank agrees that it will maintain such unauthenticated Bonds in safekeeping. Section 4.04. Form of Bond Register. The Bank as Registrar will maintain its records as Bond Registrar in accordance with standards issued from time to time by the Municipal Securities Rulemaking Board of the United States and any other securities industry standard and the requirements of the Internal Revenue Code of 1986 and Chapter 76 of the Code of Iowa. Section 4.05. Reports. The records of Bank shall be in such form as to be in compliance with standards issued from time to time by the Municipal Securities Rulemaking Board of the United States and any other securities industry standard and the requirements of the Internal Revenue Code of 1986 and Chapter 76 of the Code of Iowa. Bank's records in connection with the Bonds shall remain confidential records entitled to protection and confidentiality pursuant to Section 22.7(17), Code of Iowa. Agent agrees that its use of the records will be limited to the purposes of this Agreement and that Agent will make no private use or permit any private access thereto. The Bank will not release or disclose the content of the Bond Register to any person other than to the Issuer at its written request, except upon receipt of a subpoena or court order or as may otherwise be required by law. Upon receipt of a subpoena or court order the Bank will notify the Issuer. Section 4.06. Cancelled Bonds. All Bonds surrendered for payment, redemption, transfer, exchange, or replacement, if surrendered to the Bank, shall be promptly cancelled by it and, if surrendered to the Issuer, shall be delivered to the Bank and, if not already cancelled, shall be promptly cancelled by the Bank. The Issuer may at any time deliver to the Bank for cancellation any Bonds previously authenticated and delivered which the Issuer may have acquired in any manner whatsoever, and all Bonds so delivered shall be promptly cancelled by the Bank. All cancelled Bonds held by the Bank for its retention period then in effect and shall thereafter be returned to the Issuer. Section 4.07. Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be destroyed, stolen or lost, the Bank shall deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any such Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Bank in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing by the owner with the Bank of evidence satisfactory to the Bank that such Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Bank of an appropriate bond of indemnity in form, substance and amount as may be required by law and as is satisfactory to the Bank. All Bonds so surrendered to the Bank shall be canceled by it and evidence of such cancellation shall be given to the Issuer. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Bond prior to payment, provided that the owner shall first provide the Bank with a bond of indemnity as set forth above. ARTICLE FIVE THE BANK Section 5.01. Duties of Bank. The Bank undertakes to perform the duties set forth herein. No implied duties or obligations shall be read into this Agreement against the Bank. The Bank hereby agrees to use the funds deposited with it for payment of the principal of and interest on the Bonds to pay the same as it shall become due and further agrees to establish and maintain such accounts and funds as may be required for the Bank to function as Paying Agent. Section 5.02. Reliance on Documents, Etc. (a) The Bank may conclusively rely, as to the truth of the statements and correctness of the opinions expressed therein, on certificates or opinions expressed therein, on certificates or opinions furnished to the Bank by the Issuer. (b) Bank may rely conclusively and act, without further investigation, upon any list, instruction, certification, authorization, certificate or other instrument or paper suitably guaranteed and believed by it in good faith and due diligence in performing its functions to be genuine and to have been signed, countersigned or executed by any duly authorized person or persons or upon the instruction of any authorized officer of Issuer or upon the advice of Issuer's counsel; and may register any certificate representing the Bonds or may refuse to register any such certificate if in good faith Bank deems such refusal necessary in order to avoid any liability on the part of either Issuer or Bank, and Issuer agrees to indemnify and hold harmless the Bank from and against any and all losses, costs, claims and liability for so relying or acting or refusing to act. (c) No provision of this Agreement shall require the Bank to expend or risk or use its own funds for performance of any of its duties hereunder (d) The Bank may consult with counsel for the Issuer, and the written advice or opinion of counsel for the Issuer shall be full authorization and protection with respect to any action taken, suffered or omitted by it hereunder in good faith and reliance thereon. (e) The Bank shall not be responsible for delays or failures in performance resulting from acts beyond its control, including without limitation acts of God, strikes, lockouts, riots, acts of war or terror, epidemics, governmental regulations, fire, communication line failures, computer viruses, power failures, earthquakes or other disasters. (f) The Bank is authorized, to comply with final orders issued or process entered by any court of competent jurisdiction with respect to any money held by the Bank hereunder. If any portion of money held by the Bank hereunder is at any time attached, garnished or levied upon under any court order, or in case the payment, assignment, transfer, conveyance or delivery of any such property shall be stayed or enjoined by any court order, or in case any order, judgment or decree shall be made or entered by any court affecting such property or any part thereof, then and in any such event, the Bank is authorized, to rely upon and comply with any such order, writ, judgment or decree which it is advised by legal counsel selected by the Issuer; and if the Bank complies with any such order, writ, judgment or decree, it shall not be liable to any of the parties hereto or to any other person or entity by reason of such compliance even though such order, writ, judgment or decree may be subsequently reversed, modified, annulled, set aside or vacated. Section 5.03. Recitals of Issuer. The recitals contained in the Bonds shall be taken as the statements of the Issuer, and the Bank assumes no responsibility for their correctness. Section 5.04. May Own Bonds. The Bank, in its individual or any other capacity, may become the owner or pledgee of Bonds with the same rights it would have if it were not the Paying Agent and Bond Registrar for the Bonds. Section 5.05. Money Held by Bank. Money held by the Bank hereunder need not be segregated from other funds. The Bank shall have no duties with respect to investment of funds deposited with it and shall be under no obligation to pay interest on any money received by it hereunder. Any money deposited with or otherwise held by the Bank for the payment of the principal, redemption premium (if any) or interest on any Bond and remaining unclaimed, by the Registered Owner (or by the Issuer (which claim by the Issuer shall be made in writing) after maturity and prior to escheatment) will be escheated pursuant to Iowa law. If funds are returned to the Issuer, the Issuer and the Bank agree that the Registered Owner of such Bond shall thereafter look only to the Issuer for payment thereof, and that all liability of the Bank with respect to such moneys shall thereupon cease. Section 5.06. Other Transactions. The Bank may engage in or be interested in any financial or other transaction with the Issuer. Section 5.07. Interpleader. The Issuer and the Bank agree that the Bank may seek adjudication of any adverse claim, demand, or controversy over its person as well as funds on deposit, in a court situated in Johnson County Iowa. The Issuer and the Bank further agree that the Bank has the right to file an action in interpleader in any court situated in Johnson County Iowa to determine the rights of any person claiming any interest herein. Section 5.08 Insurance. The Bank shall carry insurance in the types and amounts for the duration of this agreement as listed in the Issuer's request for paying agent/registrar services dated February 20, 2015. ARTICLE SIX MISCELLANEOUS PROVISIONS Section 6.01. Amendment. This Agreement may be amended only by an agreement in writing signed by both of the parties hereto. Section 6.02. Assignment. This Agreement may not be assigned by either party without the prior written consent of the other party. Section 6.03. Notices. Any request, demand, authorization, direction, notice, consent, waiver or other document provided or permitted hereby to be given or furnished to the Issuer or the Bank shall be mailed, faxed, sent pdf or delivered to the Issuer or the Bank, respectively, at the address shown below, or such other address as may have been given by one party to the other by fifteen (15) days writtennotice: If to the Issuer: If to the Bank: City of Iowa City, Iowa, Finance Department Ms. Nicole Davies, Finance Director 410 E. Washington Street Iowa City, IA 52240-1826 Facsimile: 319-341-4008 U.S. Bank National Association 60 Livingston Avenue St. Paul MN 55107 Facsimile: 651-466-7431 Section 6.04. Effect of Headings. The Article and Section headings herein are for convenience of reference only and shall not affect the construction hereof. Section 6.05. Successors and Assigns. All covenants and agreements herein by the Issuer and the Bank shall bind their successors and assigns, whether so expressed or not. Section 6.06. Severability. If any provision of this Agreement shall be determined to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby. Section 6.07. Benefits of Agreement. Nothing herein, express or implied, shall give to any Person, other than the parties hereto and their successors hereunder, any benefit or any legal or equitable right, remedy or claim hereunder. Section 6.08. Entire Agreement. This Agreement shall constitute the entire agreement between the parties hereto relative to the Bank acting as Paying Agent and Bond Registrar. Section 6.09. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which shall constitute one and the same Agreement. Section 6.10. Term and Termination. This Agreement may be terminated by either party by giving the other party at least 90 days advance written notice. At termination of the Agreement, Agent shall deliver to Issuer any and all records, documents or other writings made or accumulated in the performance of its duties under this Agreement and shall refund the unearned balance, if any, of fees paid in advance by Issuer. If the Bank shall resign, or become incapable of acting, the Issuer shall promptly appoint a successor Paying Agent and Bond Registrar Section 6.11. Governing Law. This Agreement shall be construed in accordance with and shall be governed by the laws of the State of Iowa. Section 6.12. Documents to be Filed with Bank. At the time of the Bank's appointment as Paying Agent and Bond Registrar, the Issuer shall file with the Bank the following documents: (a) a specimen Bond; (b) a copy of the opinion of bond counsel provided to the Issuer in connection with the issuance of the Bonds; and (c) such other relevant information that the Bank may request. Section 6.13. Patriot Act Compliance. To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify and record information that identifies each person who opens an account. For a non -individual person such as a business entity, a charity, a Trust or other legal entity we will ask for documentation to verify its formation and existence as a legal entity. We may also ask to see financial statements, licenses, identification and authorization documents from individuals claiming authority to represent the entity or other relevant documentation. Section 6.14. Examination of Records. Issuer or its duly authorized agents may examine all records relating to the Obligations at the principal office of the Agent at reasonable times as agreed upon with the Agent and such records shall be subject to audit from time to time at the request of Issuer or Agent. The Agent, on request, will furnish Issuer with a list of the names, addresses, and other information concerning the owners of the Obligations or any of them. IN WITNESS WHEREOF, the Issuer and the Bank have caused this agreement to be executed in their respective names by their duly authorized representatives, in two counterparts, each of which shall be deemed an original. City of Iowa City, Iowa, Issuer By: Print Name: Title: U.S. BANK NATIONAL ASSOCIATION, as Paying Agent, Registrar and Transfer Agent By: Authorized Representative Print Name: Jason R Dressel Title: Assistant Vice President PsurtPsur pour pour U.S. Bank Customer Confidential CTS01010A Schedule of Fees for Services as Paying Agent Acceptance Fee The acceptance fee includes the administrative review of documents, initial set-up of the account, and other reasonably required services up to and including the closing. This is a one-time, non-refundable fee, payable at closing. CTSO4110 Paying Agent / Registrar / Transfer Agent Annual fee for the standard transfer agent, registrar, and paying agent services associated with the administration of the account. Administration fees are payable in advance. 325.00 375.00 Direct Out of Pocket Expenses Reimbursement of expenses associated with At Cost the performance of our duties, including but not limited to publications, legal counsel after the initial close, travel expenses and filing fees. Extraordinary Services Extraordinary Services are duties or responsibilities of an unusual nature, including termination, but not provided for in the governing documents or otherwise set forth in this schedule. A reasonable charge will be assessed based on the nature of the services and the responsibility involved. At our option, these charges will be billed at a flat fee or at our hourly rate then in effect. Account approval is subject to review and qualification. Fees are subject to change at our discretion and upon written notice. Fees paid in advance will not be prorated. The fees set forth above and any subsequent modifications thereof are part of your agreement. Finalization of the transaction constitutes agreement to the above fee schedule, including agreement to any subsequent changes upon proper written notice. In the event your transaction is not finalized, any related out—of-pocket expenses will be billed to you directly. Absent your written instructions to sweep or otherwise invest, all sums in your account will remain uninvested and no accrued interest or other compensation will be credited to the account. Payment of fees constitutes acceptance of the terms and conditions set forth. IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT: To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify and record information that identifies each person who opens an account. For a non -individual person such as a business entity, a charity, a Trust or other legal entity we will ask for documentation to verify its formation and existence as a legal entity. We may also ask to see financial statements, licenses, identification and authorization documents from individuals claiming authority to represent the entity or the entity or other relevant documentation. 02027997-1\10714-139 U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION AUTHORIZED SIGNER(S) I hereby certify that the following is a true and exact extract of Article VII of the Bylaws presently in effect for U.S. Bank Trust Company, National Association, an association organized and existing under the laws of the United States: ARTICLE VII Miscellaneous Provisions Section 7.1. Execution of Instruments. All agreements, checks, drafts, orders, indentures, notes, mortgages, deeds, conveyances, transfers, endorsements, assignments, certificates, declarations, receipts, discharges, releases, satisfactions, settlements, petitions, schedules, accounts, affidavits, bonds, undertakings, guarantees, proxies and other instruments or documents may be signed, countersigned, executed, acknowledged, endorsed, verified, delivered or accepted on behalf of the Association, whether in a fiduciary capacity or otherwise, by any officer of the Association, or such employee or agent as may be designated from time to time by the Board by resolution, or by the Chairman or the President by written instrument, which resolution or instrument shall be certified as in effect by the Secretary or an Assistant Secretary of the Association. The provisions of this section are supplementary to any other provision of the Articles of Association or Bylaws. I further certify that each of the persons named below of U.S. Bank Trust Company, National Association has been duly elected and qualified and now holds the office listed herein, and that the signature of such officer is authentic: Name Office Signature Angela Davis Vice President (\Plk Martha Earley Vice President V Joshua Hahn Vice President \ ‘'S \ Donald T. Hurrelbrink Vice President Ni Jaymes Paulson Vice President XrThC�"V Christine Robinette Vice President OSI4)°‘"ir i Daniel Sheff Vice President Illirel;" -"..1%,„.. & Molly Beane Assistant Vice President I I I Jason Dressel Assistant Vice President Denise Landeen Authorized Signatory b•b Cir-- C/CfAV Sodarany Pen Authorized Signatory 2 2 Nancy Savage Authorized Signatory ir 7Cf'A V r n n IN WITNESS WHEREOF, I have hereunto set my hand to be affixed hereto this 29th day of March 2022. U.S. Bank Trust Company, National Association By: Christine Robinette Ontwica-' Vice President May 17, 2022 The City Council of the City of Iowa City, State of Iowa, met in session, in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at .M., on the above date. There were present Mayor , in the chair, and the following named Council Members: Absent: Vacant: Resolution Appointing U.S. Bank, National Association Of St. Paul, Minnesota, To Serve As Paying Agent, Bond Registrar, And Transfer Agent, Approving The Paying Agent And Bond Registrar And Transfer Agent Agreement And Authorizing The Execution Of The Agreement Whereas, $10,255,000 General Obligation Bonds, Series 2022, dated June 1, 2022, have been sold and action should now be taken to provide for the maintenance of records, registration of certificates and payment of principal and interest in connection with the issuance of the Bonds; and Whereas, this Council has deemed that the services offered by U.S. Bank, National Association of St. Paul, Minnesota, are necessary for compliance with rules, regulations, and requirements governing the registration, transfer and payment of registered bonds; and Whereas, a Paying Agent, Bond Registrar and Transfer Agent Agreement (hereafter "Agreement") has been prepared to be entered into between the City and U.S. Bank, National Association. Now, Therefore, Be It Resolved by The City Council Of The City Of Iowa City, State Of Iowa: 1. That U.S. Bank, National Association of St. Paul, Minnesota, is hereby appointed to serve as Paying Agent, Bond Registrar and Transfer Agent in connection with the issuance of $10,255,000 General Obligation Bonds, Series 2022, dated June 1, 2022. 2. That the Agreement with U.S. Bank, National Association of St. Paul, Minnesota, is hereby approved and that the Mayor and Clerk are authorized to sign the Agreement on behalf of the City. Council Member introduced the following resolution entitled "Resolution Appointing U.S. Bank, National Association of St. Paul, Minnesota, To Serve As Paying Agent, Bond Registrar, And Transfer Agent, Approving The Paying Agent And Bond Registrar And Transfer Agent Agreement And Authorizing The Execution Of The Agreement", and moved that the resolution be adopted. Council Member seconded the motion to adopt. The roll was called and the vote was, AYES: NAYS: Passed and Approved this 17th day of May, 2022. Mayor Attest: City Clerk State of Iowa County of Johnson Certificate ) ) SS ) 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 day of , 2022. City Clerk, City of Iowa City, State of Iowa (Seal) 02049125-1\10714-139 Items to Include on Agenda City of Iowa City, Iowa $10,255,000 General Obligation Bonds, Series 2022 Resolution Appointing Paying Agent, Bond Registrar, and Transfer Agent, Approving the Paying Agent and Bond Registrar and Transfer Agent Agreement and Authorizing the Execution of the Agreement. Notice Must Be Given Pursuant to Iowa Code Chapter 21 and the Local Rules of the City. May 17, 2022 The City Council of the City of Iowa City, State of Iowa, met in Regular Formal 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 the chair, and the following named Council Members: Alter, Bergus, Harmsen, Teague, Taylor, Thomas, Weiner Absent: NONE NONE Vacant: , in Council Member Tayt nr introduced the following resolution entitled "Resolution Appointing U.S. Bank, National Association of St. Paul, Minnesota, To Serve As Paying Agent, Bond Registrar, And Transfer Agent, Approving The Paying Agent And Bond Registrar And Transfer Agent Agreement And Authorizing The Execution Of The Agreement", and moved that the resolution be adopted. Council Member Thomas seconded the motion to adopt. The roll was called and the vote was, AYES: Alter, Teague, Thomas, Bergus, Weiner, Harmsen, Taylor NAYS: NnNF Whereupon, the Mayor declared said Resolution duly adopted as follows: Resolution 22-125 Resolution Appointing U.S. Bank, National Association Of St. Paul, Minnesota, To Serve As Paying Agent, Bond Registrar, And Transfer Agent, Approving The Paying Agent And Bond Registrar And Transfer Agent Agreement And Authorizing The Execution Of The Agreement Whereas, $10,255,000 General Obligation Bonds, Series 2022, dated June I, 2022, have been sold and action should now be taken to provide for the maintenance of records, registration of certificates and payment of principal and interest in connection with the issuance of the Bonds; and Whereas, this Council has deemed that the services offered by U.S. Bank, National Association of St. Paul, Minnesota, are necessary for compliance with rules, regulations, and requirements governing the registration, transfer and payment of registered bonds; and Whereas, a Paying Agent, Bond Registrar and Transfer Agent Agreement (hereafter "Agreement") has been prepared to be entered into between the City and U.S. Bank, National Association. Now, Therefore, Be It Resolved by The City Council Of The City Of Iowa City, State Of Iowa: 1. That U.S. Bank, National Association of St. Paul, Minnesota, is hereby appointed to serve as Paying Agent, Bond Registrar and Transfer Agent in connection with the issuance of $10,255,000 General Obligation Bonds, Series 2022, dated June 1, 2022. 2. That the Agreement with U.S. Bank, National Association of St. Paul, Minnesota, is hereby approved and that the Mayor and Clerk are authorized to sign the Agreement on behalf of the City. Passed and Approved this 17th day of May, 2022. Attest: City lerk MayTS‘1414-64--- ( 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 17th May , 2022. (Seal) 02049125-1\10714-139 day of CitylClerk, Citylof to a City, State of to Item Number: 6.e. 4CITY OF IOWA CITY !kr4gi,'��� COUNCIL ACTION REPORT May 17, 2022 Resolution authorizing an updated agreement between the City of Iowa City and the Iowa City Association of Professional Fire Fighters, IAFF Local #610 to be effective through June 30, 2024. Prepared By: Karen Jennings, Human Resources Administrator Reviewed By: Geoff Fruin, City Manager Fiscal Impact: Compensation and insurance terms are expected to fall within future budget parameters. Recommendations: Staff: Approval Commission: Attachments: Resolution Fire Collective Bargaining Agreement Executive Summary: The current Fire Union collective bargaining agreement, effective through June 30, 2024, included a re -opener for wages and insurance for Fiscal Years 2023 and 2024. The City participated in collective bargaining with the Fire Union in accordance with Chapter 20 of the Iowa Code. After exchanging initial proposals on December 6, 2021 and December 20, 2021, the parties participated in a bargaining session on January 21, 2022 and mediation on February 10, 2022. A tentative agreement was reached following mediation, approved by City Council, and ratified by the union. Background /Analysis: The Fire contract re -opener for wages and insurance was voluntarily settled for Fiscal Years 2023 and 2024. Negotiated wage adjustments provide for a 3.5% across the board increase in July 2022, a 3% across the board increase in July 2023, and minor increases to the longevity pay schedule. The insurance terms provide for increased deductible and out of pocket maximums and an increase in employee premium contribution to 11% of premium in FY23. Wage and insurance settlements mirror those negotiated with the Police union for FY23 and FY24. The agreement also provides for dental insurance coverage consistent with the coverage offered to AFSCME and non -bargaining employees effective January 2023. Finally, the parties agreed to include a sick leave conversion option starting in FY24 permitting employees with an accrued sick leave balance of at least 1490 to convert up to 745 hours of sick leave to pay at the rate of 4 hours leave to 1 hour of pay. It also allows conversion of excess balance over 1490 hours (not to exceed 670 hours) at a rate of 4 hours leave to 1 hour pay upon retirement. This benefit is comparable to sick leave conversion included in the Police union contract. The collective bargaining agreement is attached and also reflects the previously agreed upon change to the holiday provision, replacing President's Day as a City holiday with Juneteenth. ATTACHMENTS: Description Resolution Fire Collective Bargaining Agreement Prepared by: Karen Jennings, Human Resources Administrator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5025 Resolution No. 22-126 Resolution authorizing updated agreement between the City of Iowa City and the Iowa City Association of Professional Fire Fighters, IAFF Local #610 to be effective through June 30, 2024 Whereas, the City of Iowa City (hereinafter the City) and the Iowa City Association of Professional Fire Fighters, IAFF Local #610 (hereinafter the Union), through their designated bargaining representatives, have negotiated a fiscal year 2023 and 2024 re -opener of the collective bargaining agreement in effect from July 1, 2019 through June 30, 2024, a copy of which Agreement is attached to this resolution and by this reference made a part hereof; and Whereas, the City desires to approve the Agreement, finding that it will promote efficient municipal operations, thereby providing residents of the community with municipal services. Now therefore be it resolved by the City Council of the City of Iowa City, Iowa that: 1. The above -referenced updated Agreement between the City and the Union is hereby approved by the City. 2. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Agreement. Passed and approved this 17th day of May , 20 22 . Approved by /l Attest: City Clerk May It was moved by Tay or adopted, and upon roll call there were: Ayes: x X x x x X X City Attorneyffice (Jennifer Schwickerath - 04/29/22) and seconded by ThomaG the Resolution be Nays: Absent: Alter Bergus Harmsen Taylor Teague Thomas Weiner CONTRACT BETWEEN CITY OF IOWA CITY. AND IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS IAFF, AFL-CIO, LOCAL. #610 JULY 1, 2019 TO JUNE 30, 2024 (FY23-FY24 re -opener settlement update) TABLE OF CONTENTS PAGE Preamble 1 Article I -- Recognition 2 Article II -- Management Rights 2 Article 111 — No Strike - No Lockout 2 Article IV — Reserved 3 Article V -- Hours of Work 3 Article VI -- Overtime 5 Article VII -- Special Leaves 6 Article VIII -- Holidays 8 Article IX -- Sick Leave 9 Article X -- Vacations 11 Article XI — Union Activities 11 Article XII — Uniforms and Equipment 12 Article XI II -- Insurance 12 Article XIV -- Duty Outside the City 13 Article XV -- Training Programs 13 Article XVI -- Bulletin Boards 14 Article XVII — Personnel Transactions 14 Article XVIII -- Discipline 14 Article XIX -- Transfer Procedures 15 Article XX -- Supplemental Employment 15 Article XXI -- Safety 15 Article XXII — Grievance Procedure 16 Article XXIII — General Conditions 18 Article XXIV -- Waiver 18 Article XXV — Savings Clause 19 Article XXVI — Duration 19 Article XXVII -- Wages 19 Article XXVIII — Other Compensation 20 Article XXIX -- Use of Time Off 21 Article XXX -- Family and Parental Leave 21 PREAMBLE This Contract is entered into by the City of Iowa City, Iowa, referred to as the "City" and the Iowa City Association of Professional Fire Fighters, I.A.F.F. AFUCIO, Local 610, referred to as the "Union", for the purpose of promoting harmonious and cooperative collective bargaining between the parties. The parties agree to the following specific provisions: ARTICLE I RECOGNITION The City recognizes the Iowa City Association of Professional Fire Fighters, I.A.F.F. AFL/CIO, Local 610, as the exclusive bargaining agent for all permanent City of Iowa City Fire Fighters, Lieutenants, and Captains and excluding the Fire Chief, Deputy Chief, Battalion Chiefs, Fire Marshal, and all those excluded by Section 4 of Chapter 20 of the Code of Iowa. This representation is based on a Decision and Order promulgated by the Iowa Public Employment Relations Board on December 16, 1975. This Contract is not intended to bind either party with respect to future unit determinations or rights of representation of new titles, departmental reorganization or any other administrative variations of the present department organization. The City agrees that it will not sponsor or promote, financially or otherwise, any other group, individual, or labor organization, for the purpose of undermining the Union; nor will it interfere with, restrain, coerce, or discriminate against any of its employees in connection with their membership in the Union. ARTICLE II MANAGEMENT RIGHTS Section 1. Except as limited by the express provisions of this Contract, nothing herein shall be construed to restrict, limit, or impair the rights, powers, and authority of the City under the laws of the State of Iowa and the City's ordinances. These rights, powers, and authority include, but are not limited to the following: a. To direct the work of its employees. b. To develop, implement and enforce work rules, safety standards, performance and productivity standards. c. To hire, promote, transfer, assign, classify, schedule, evaluate, and retain employees within the operation of the City govemment and to develop and maintain qualification standards and procedures for employment, promotions, and transfers. d. To discipline, suspend or discharge employees for just cause. e. To maintain the efficiency of the governmental operation and to determine and maintain the nature, scope and definition of City organization. f. To relieve employees from duties because of lack of work, lack of adequate public financing, or for other legitimate reasons. g. To determine the amounts, methods, and procedures for compensating employees and the definition of, necessity for, allocation of, and nature of overtime and the method of compensating overtime. h. To determine and implement the methods, means, tools, locations, equipment, and assignment of personnel by which its operations are to be conducted including but not limited to the right to contract and subcontract work. To take such actions as may be necessary to carry out its mission. j. To initiate, prepare, certify and administer its budget. k. To exercise all powers and duties granted to it by law. ARTICLE III NO STRIKE—NO LOCKOUT Section 1. No Strike. No employee covered by this Contract shall engage in any strike at any City facility or at any location in the City where City services are performed during the life and duration of this Contract. If any strike shall take place, the Union will immediately notify employees engaging in such activities to cease and desist. Employees in the bargaining unit, while acting in the course of their employment, shall not refuse to cross any picket line established by any labor 9 organization when called upon to cross such picket line in the line of duty. The City will make every reasonable effort 10 assure employee safety in crossing picket lines. Any employee engaging in any activity in violation of the Article shall be subject to immediate disciplinary action including discharge by the City. "Strike" means a public employee's refusal, in concerted action with others, to report to duty, or his willful absence from his position, or his stoppage of work, or his abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment. Section 2. No Lockout. The City agrees not to lock out employees as a result of disputes arising out of the terms of this contract. ARTICLE IV RESERVED ARTICLE V HOURS OF WORK Section 1.,The normal work week will average fifty-six (56) hours, consisting of twenty-four (24) hours on duty (commencing at 0700 hours), twenty-four (24) hours off duty, twenty-four (24) hours on duty, twenty-four (24) hours off duty, twenty-four (24) hours on duty, ninety-six (96) hours off duty, but no employee shall be guaranteed any specific number of hours in any one week. Sworn personnel of the Fire Department bargaining unit will work in twenty-four (24) hour shifts, except such members as assigned to other special shifts by the Chief. An adjustment in benefits will be made for employees who are assigned to other than fifty-six (56) hour week. Section 2. Temporary variations in shift assignment or changes in days on and off may be made upon twenty-four (24) hours notice. No prior notice is required to change schedules in an emergency or in the case of inclement weather. Section 3. Trading of Time. The City will permit fire fighters to exchange work shifts within grade and between captains and lieutenants upon the following procedures: a. Two employees below the rank of Captain may make a mutual request in writing to the Captains of the respective shifts 24 hours in advance except in the case of emergency when shorter periods of notice are required. Captains will forward their own request directly to the Fire Chief or his/her designee. b. The Fire Chief or his/her designee will approve or deny the request, but permission to trade will not be denied without reason. c. The employee receiving the work shift off in the exchange shall pay back the employee taking his/her place, as required by the law. d. The substitution may not impose any additional costs on the Employer. In the event the employer is required to pay any overtime because of the failure of an employee to pay another back in timely fashion, this overtime pay shall be deducted from the pay of the negligent employee. Section 4. Staffing, The Chief has sole discretion to determine the number of people who take time off in any rank as well as the level of staff for the Fire Department. q Section 5. Pay outside of classification, If an acting temporary appointment out of rank is made by the Fire Chief for a period of twelve 12 or more consecutive work hours, the employee so appointed will be paid at the rate of 4% above his/her current salary/hourly rate or at the first step rate of the rank being replaced if they are at the top step of their permanent pay range. Such pay adjustments will be retroactive to the original date of assignment. If an acting temporary appointment to a Battalion Chief's position is made by the Fire Chief for a period of twelve (12) consecutive work hours or more, the Captain appointed will be paid at the rate of 4% above his/her current salary/hourly rate. If a lieutenant is so appointed, they shall be paid at a rate of 4% above the Step 1 rate for a Captain. Overtime during any such acting temporary appointment, when worked in such acting capacity and when compensated by overtime pay, shall be compensated at one and one-half (11/2) times the acting hourly rate. However, the Fire Chief may assign an employee who is working on his/her regular shift to such acting capacity in order to avoid paying acting pay at the overtime rate to an employee in overtime status. Such appointments will be made by the Fire Chief as follows: a. Firefighters acting out of rank: In making temporary out -of -rank assignments the Fire Chief will look to the Firefighters assigned to the station affected. Of such Firefighters, a Firefighter on the Lieutenant promotional list will have priority in accepting the assignment. If no Firefighter appears on the Lieutenant promotional list, the senior Firefighter at the affected station will have priority in accepting the assignment except that for such temporary assignments of 72 consecutive working hours or longer, the Chief may assign any Firefighter who is on the Lieutenant promotional list. If the Firefighters assigned to the station do not accept the assignment, the Firefighter moving to the affected station as the replacement will then be offered the temporary out -of -rank assignment. b. Lieutenants acting out of rank: In making temporary out -of -rank assignments, the Fire Chief will share among Lieutenants such assignments with consideration to a Lieutenant's standing on the Captain promotional list. The Fire Chief reserves the right to assign temporary out -of -rank assignments if no personnel voluntarily accepts such assignment. The Fire Chief reserves the right to establish minimum standards for persons given out -of -rank assignments. Section 6. Excused Tardiness. Employees shall be allowed two (2) fifteen (15) minute penalty -free tardiness' annually. This provision shall only be applicable in situations involving unintentional tardiness. Section 7. Administrative Duty. A continuous shift employee (56 hours/week) assigned to administrative duty (referred to as "light duty") with a forty (40) hour work week schedule will continue to accrue all benefits and compensation at their continuous shift rate while on the 40 hour assignment, and will use benefits on a pro -rated basis. The ratio will be 56/40 or 1.4, and will be used when reporting accrual usage, i.e. for every one hour of time taken, 1.4 hours will be reflected on the accrual usage. Work week: Annual hours worked: Holiday time: 56 hours/40 hour = 1.4 2912 hours/2080 hours = 1.4 135 hours/96 hour = 1.4 If an employee terminates while on a 40 hour work week schedule, their benefit payout will be calculated on a 56 hour benefit schedule, at the 56 hour work week rate, d When employees on administrative duty work beyond eight (8) hours per day, every effort will be made to adjust the remainder of the work week to limit total work hours to 40 per work week. If this is not possible, comp time will be accrued or overtime will be paid in accordance with applicable laws. In addition, usage of time will be limited to hours absent from the 40 hour work schedule, at the pro -rated basis. ARTICLE VI OVERTIME Section 1. For purposes of this Article a "day" is defined as beginning at 7:00 A.M. and ending twenty-four (24) hours later. Section 2. Overtime is work performed by a permanent employee who is required to work at the end of twenty-four (24) hour shift or who is called back to work for fire department activities. Prior authorization from the Officer in charge is required before overtime will be credited. Employees may be periodically required to work overtime but may request not to do so because of physical inability as determined by the Chief or his/her designee. Overtime is voluntary where overtime assignments are made over seventy-two (72) hours in advance; provided, however, the right to refuse an overtime assignment shall be limited to the first three (3) employees asked to report to work on a particular work day. Thereafter, overtime shall be mandatory. The Fire Chief shall make assignments as soon as he/she knows of the need. There will be no pyramiding of overtime. Overtime will be compensated at the rate of one and one-half (1-1/2) times the current base hourly rate of the employee or by compensatory time off at the rate of one and one-half (1-1/2) hours of each hour of overtime worked. Permanent employees may accumulate up to 48 hours of compensatory time which may be taken off at times agreed upon by the employee and the supervisor. The Chief will consider departmental staffing needs, financial considerations, and employee preferences in determining whether overtime is paid or compensatory time given. In the event that the Chief shall establish a standing policy that for some period of time all overtime worked will be compensated exclusively either by pay or by compensatory time off, such policy will be declared by written notice to the bargaining unit. Upon termination the employee will be paid for all remaining compensatory time. If an emergency situation occurs, as determined by the Chief at the end of a fiscal year which would result in a probable loss of compensatory time due to year end accruals, the Chief may authorize overtime payment in lieu of compensatory time at the end of the first full pay period of the new fiscal year. Section 3. Minimum Call -In, a. An employee who has completed a work day and who is called in to work in an emergency situation without prior notice will be paid for a minimum of two (2) hours. b. If the emergency call-in time worked exceeds two (2) hours the employee will be compensated for time worked. Minimum call-in will be paid at the overtime rate. c. If an employee is called in less than two hours (2) prior to the start of a regularly scheduled duty day, time worked will not be considered minimum call-in but rather an extension of duty. The employee will be compensated at the overtime rate for time worked from arrival at the station until the start of the regular scheduled duty shift. This section shall not apply to employees who are already at their place of assignment for the purpose of reporting for regular or other previously assigned duty and who are utilized to supplement, rather than replace, on -duty personnel. Section 4. Calculation of Overtime. Generally, overtime will be rounded in fifteen (15) minute increments. However, in the case of retention time, an employee will receive one (1) hour of overtime for any part of an hour of previously authorized work, E.g. If a punch is registered within 7 minutes of the quarter hour (15 minutes) it will round to the nearest quarter hour; punches within 8 minutes will result in an additional quarter hour (15 minutes). Example: If a unit is called out at 6:30 A.M. for a fire and are unable to return to the station until 7:20 A.M., each crew member who has received authorization to answer the call will receive one (1) hour of overtime. In the event that the crew is required to stay until 8:20 A.M. (1 hour 20 minutes) the time in excess of one hour will be recorded to the nearest one-quarter (1/4) hour and the employee would receive 1.25 hours of overtime. ARTICLE VII SPECIAL LEAVES Section 1. On the Job Iniurv. In the event of a temporary and disabling injury or disease of an employee while at work, the City shall provide a leave of absence with pay, provided the injury or disease is incurred in or aggravated by the actual performance of duty at some time or place. The City shall bear any and all costs for treatment of such injury or disease. The City's Medical Advisor shall make the initial judgment on whether time off work is required by the injury or disease. The allowance provided by this Section shall be administered consistent with the provisions of Chapter 411 of the Code of Iowa. Section 2. Funerals. An employee will be granted a maximum of two (2) shifts per incident as determined by the Chief with no loss of compensation to attend the funeral of his/her spouse, domestic partner as recognized by City policy, children, mother, father, stepparent, sister, brother or grandparent. An employee will be granted up to one (1) shift per occurrence with no loss of compensation nor loss of accrual from sick, annual, or compensatory time to attend the funeral of his/her mother- in-law, father-in-law, grandparent -in-law, aunt or uncle, brother-in-law, sister-in-law, or permanent member of the immediate household. In-law relationships referred to herein shall include such relationships through a domestic partner as recognized by City policy. If additional time is needed, an employee shall be permitted to use up to one (1) shift of accumulated sick leave with the approval of the Fire Chief or Battalion Chief. Section 3. Leave of Absence Without Pay. A leave of absence without pay is a predetermined amount of time off work, which has been requested by the employee, recommended by the Fire Chief and approved by the City Manager. Generally, such leave shall not exceed twelve (12) months. Upon termination of any such leave of absence, the employee shall return to work in the same range and step as when he/she left and will receive compensation on the same basis as if he/she had continued to work at his/her regular position without leave, provided that, during that period, if the nature of operations has changed so that similar work does not exist the employee may apply for vacancies in related areas or other vacancies at the City for which the employee is otherwise qualified. If an opening for the employee no longer exists in his/her civil service rank, he/she will be assigned to the first open position which becomes available in his/her civil service rank, or in a lower rank, within 90 days of the termination of such leave of absence, or, in the case of a leave of absence necessitated by a medically certified illness or injury to the employee, within 180 days of the termination of such leave of absence. Once an employee returns to work in a position as provided herein, that position shall become his/her permanent civil service rank. In the event an employee fails to return to work at the end of any such leave or extension A he/she shall be deemed to have voluntarily resigned or, if applicable, voluntarily retired on the last day of work prior to such leave. During a leave of absence without pay, the employee: a. cannot pay retirement contributions if the leave exceeds one month in duration; b. shall not receive any other accruals or job benefits during the period of absence; c. shall not acquire additional seniority during said leave except in the case of temporary medical disability or where otherwise specified by this Agreement; d. shall not earn sick, vacation, or other leave; e. must use all accumulated leave time to which he/she is entitled prior to the time that the leave without pay commences; f. must pay prorated health, dental and life insurance premiums falling due during any month the employee is not on the payroll, if coverage is desired and is available subject to insurance carrier approval, as follows: 1. For any calendar month during which the employee is on unpaid leave not exceeding ten calendar days and insurance coverage is desired, the City will pay the cost of the insurance premiums for Medical, Dental and Life insurance. 2. For any calendar month during which the employee is on unpaid leave in excess of ten calendar days and insurance coverage is desired, the employee must pay 1/20 of the insurance premium for each calendar day beyond ten days that the employee is on unpaid leave of absence. The remainder of the premium will be paid for by the City. 3. The employee may choose which insurance coverages, if any, are to be retained during the unpaid leave of absence. 4. Payment for insurance coverages desired by the employee may be deducted from current or future pay due to the employee. Failure to retum from an unpaid leave where insurance coverage was desired will result in the City billing the individual for costs which would otherwise have been deducted from the employee's pay. The Fire Chief may waive the above conditions (a. through e.) for leaves of absence not exceeding ten (10) calendar days. Section 4. Jury Duty. An employee summoned for jury duty shall notify the City so that a request to the Court in writing may be made to excuse the employee because of the nature of fire suppression activities. In the event that no such request is made by the City or that the employee is not excused, the employee shall receive his/her regular compensation from the City for all regular duty time spent in jury service and the City shall receive the pay earned for such jury service. Compensation for travel expenses may be retained by the employee. An employee shall report to the assigned work area both before and after time spent on jury duty for regularly scheduled work days, Section 5. Witness Fees. An employee shall be granted leave with pay when required to be absent from work for the purpose of testifying in court in response to legal summons, when such appearance arises directly from his/her duties or obligations as an Iowa City firefighter, and the City shall receive the witness fees up to the amount of compensation paid to the employee for days testified. 7 Section 6. Military Leave. The City will comply with the Code of Iowa on military leave. Section 7. Pregnancy Leave. A pregnant employee shall be entitled to a leave of absence without pay if she is disabled as a result of pregnancy or related cause at the exhaustion of other accumulated leaves. All employees requiring such leave shall notify the Fire Chief prior to the anticipated date of birth and should be able to substantiate their condition by a doctors statement. Employees may work during pregnancy if health permits. Those granted leaves under this section shall present a doctor's statement as to pregnancy disability and recovery therefrom. Within seven (7) days following birth, miscarriage, or abortion, the employee shall advise the City of the date by which she will retum to work. Unless the employee returns to work by such date, or any other date by reason of extension granted by the City, the employee will be considered to have voluntarily resigned or retired. ARTICLE VIII HOLIDAYS Section 1. The following days shall be paid holidays for permanent employees: New Year's Day (January 1); Martin Luther King, Jr. Day (third Monday in January); Memorial Day (last Monday in May); Juneteenth (June 19); Independence Day (July 4); Labor Day (first Monday in September); Veteran's Day (November 11); Thanksgiving Day (fourth Thursday in November); the Friday after Thanksgiving; Christmas Day (December 25); and one personal leave day. Section 2. In addition, there shall be granted to permanent employees who do not work a continuous shift the day before or after Christmas, or the day before or after New Year's Day as an additional holiday. The City Manager may direct that employees observe a particular day for this holiday but if the Manager fails to make such designation by December 15 of the calendar year in question, employees may select a particular day subject to the approval of the supervisor. If the City Manager does not designate a day employees may choose a day between December 24 and January 2 for this holiday with the supervisor's approval. Section 3. Permanent employees on a continuous shift shall receive one hundred thirty-five (135) hours of holiday credit on the first day of each fiscal year as defined in Article XXVII, Section 1, of this agreement. Any continuous shift employee who begins work after July 1 of any calendar year will receive credit for the remaining holiday dates in the year. If an employee separates after July 1 of any year, those holidays which have been credited but which have not yet occurred will be deducted for the purpose of considering separation pay. Requests for use of holiday time shall be made to the Battalion Chief who shall determine when holiday time may be taken. For the purpose of this Article, a holiday for continuous shift employees begins at 7:00 A.M. on the day of the holiday and continues for a period of twenty-four (24) hours thereafter. Section 4. In lieu of overtime pay for working on a holiday, a payment of $350 ($35.00 per holiday) for the fiscal year will be made to each permanent full-time continuous shift bargaining unit employee. Payment will be made on the second payday of the fiscal year. Any continuous shift employee who begins work after July 1 of any year will receive payment for the remaining holiday dates in the year. If an employee separates after July 1, those holidays which have been paid but which have not yet occurred will be deducted for the purpose of considering separation pay. Section 5. Part-time employees will receive holiday pay on a pro rata basis. Section 6. Holidays or personal leave days shall not be carried beyond the last day of any fiscal year as defined in Article XXVII, Section 1 of this agreement. 8 Section 7. Definitions. "Continuous shift employees" as used in this article includes all personnel who are working on twenty-four (24) hour shifts. ARTICLE IX SICK LEAVE Section 1. Accumulation. Employees shall be granted twelve (12) hours of sick leave credit per month and shall have the right to accumulate unused sick leave up to a maximum of 2,160 hours (90 shifts). Sick leave shall not be accumulated while an employee takes a leave of absence without pay but any employee granted a City paid leave shall continue to earn sick leave. Accumulation of sick leave shall commence on the date of first permanent employment. Additional sick leave will not accrue while an employee is receiving pension compensation on any basis or on an unpaid leave of absence except a temporary occupational disability. Employees on temporary occupational disability leave shall continue to accrue sick leave during the first ninety (90) days of such leave. Effective July 1, 2023, an employee with sick leave accrued in excess of and including 1490 hours may elect to convert up to 745 hours of sick leave to pay at the rate of 4 hours sick leave to 1 hour of pay. If an employee elects to participate in this program, he/she must submit in writing to Human Resources the intent to convert sick leave to pay by June 1st, and the payment shall be made in the last payroll of the fiscal year. In addition to the above, if an employee elects to enter into a bona -fide retirement, the employee may convert any additional sick leave over 1490 hours (not to exceed 670 hours) at the rate of 4 hours of sick leave to 1 hour of pay. The employee must elect in writing to take advantage of this program and the payment shall be made on the date of their final paycheck. As an example, if an employee retires with 1600 hours of sick leave accrued, the employee will be eligible to receive 213.75 hours of pay. Section 2. Use of Sick Leave. a. An hour of accumulated sick leave shall be used for each hour an employee Is sick and off work during a work week. A doctor's statement regarding nature of illness and recovery therefrom may be required. Sick leave may be used on an hour -to -hour basis for doctor's appointments or other health maintenance needs. b. In addition to sickness of an employee, sick leave may be used for: (1) On-the-job injury; (2) Serious illness or hospital confinement of a spouse, domestic partner as recognized by City policy, or child, or critical illness of the employee's mother, father, mother-in- law, father-in-law, including mother or father of a domestic partner, brother, sister, or grandparents, as well as any other relatives or members of the immediate household of the employee up to a maximum of forty-eight (48) hours per occurrence, provided the employee's presence and efforts are needed. Critical illness is defined as a life threatening illness or malady. Serious illness is one in which the ill person is incapacitated to such a degree that he/she cannot alone adequately provide for his or her daily living needs. Section 3. Notifications. An employee shall notify his/her supervisor as soon as reasonably possible of any sickness or illness which will cause him/her to miss work and, unless such notification is given prior to the beginning of the work day, the absence will not be charged to sick leave, but will be charged to other accumulated leave or to leave of absence without pay. Unusual circumstances will be evaluated and may result in charging the absence to sick leave. An employee 0 who becomes sick at work will notify his/her supervisor before leaving the area. An employee who is unable to perform any required duties as a result of illness must leave the work area and charge the time to sick leave or other accumulated leave, or to leave without pay. Section 4. In the event an employee is injured or disabled on the job requiring time away from work, no deductions shall be made from the employee's accumulated sick leave or annual leave unless such employee requires more than two (2) shifts following the day of the injury in which to recuperate and return to work. Section 5. While an employee is receiving sick leave pay from the City, self-employment for pay or work for another employer for pay is expressly forbidden. A waiver of this provision shall be given if the employee presents evidence from his/her physician to the satisfaction of the City that the employee's medical disability would preclude fulfillment of the employee's duties with the City, but that the nature of the disability would permit work at alternative outside employment. Section 6. Sick Leave Bank. a. Permanent employees in the bargaining unit may apply to the Sick Leave Bank if they have exhausted their own sick leave accumulation and are seriously ill. Hours of sick leave shall be contributed to the bank by bargaining unit members who have reached the maximum accumulation of sick leave (2160 hours or 90 shifts) at the rate of 5.54 hours per pay period. The City does not formally maintain a bank balance; however, the City acknowledges that sufficient hours exist in the bank to cover all requests. Contributing to the Bank does not guarantee an automatic loan from the Sick Leave Bank. b. Employees who use Sick Bank days will repay the bank at the regular sick leave accrual schedule after returning to work. Employees who do not return to work or who fail to accumulate a sufficient amount of sick leave will pay back the Bank from other accrued leave or in cash, except for those cases where the joint City -Union committee may waive such payback due to the death or permanent disability of the employee. c. A joint City -Union committee will administer the use of Sick Bank days by employees. The committee will be made up of one Union representative, one City representative and one person chosen by the two representatives. The Bank Administration Committee will determine when sick leave may be used, application procedures, the length of time which any employee may borrow, the length of the waiting period after exhaustion of sick leave before employees may borrow time, amount of time before which days must be paid back, and other criteria for using Bank days. The Committee is charged with maintaining the integrity of the Bank for serious or catastrophic illness of individuals in the entire unit and will develop policies to protect against abuse by individuals. d. The City will contribute 500 hours of sick leave to the Bank as of July 1, 1987. No individual may use more than six (6) shifts during any fiscal year under the terms of this Agreement. In ARTICLE X VACATIONS Section 1. Accumulation. Vacations shall be earned and accumulated by month according to the following schedule: Length of Service 0-5 years 5 years 1 day -10 years 10 years 1 day -15 years 15 years 1 day -20 years More than 20 years Hours Per Month 12 hours (6 shifts/yr) 16 hours (8 shifts/yr) 18 hours (9 shifts/yr) 20 hours (10 shifts/yr) 22 hours (11 shifts/yr) Hours Per Year 144 192 216 240 264 The maximum number of hours eligible for carry over to a new contract benefit year as defined in Article XXVII, Section 1, shall be three hundred twelve (312) hours. Vacation time may be used on an hour -for -hour basis provided reasonable notice is given in advance and subject to the Fire Chief's approval which shall not be withheld without reason. Section 2. Use of Vacation. An employee becomes eligible to use vacation time after he/she has been on the payroll as a permanent full-time fire fighter for a period of six (6) continuous months. (This may occur prior to the completion of probation.) Between November 1 and December 31 each battalion will schedule vacations using the following procedure: The Chief will indicate the minimum number of persons of each rank who must be working. Employees will indicate their first choice in the order of seniority within the department. When the least senior person has expressed a first choice, the most senior person may indicate a second choice, with others following in order of their turn. Unless an employee expresses his/her choice within twenty-four (24) continuous, normally scheduled shift hours, he/she will be considered to have forfeited a turn. The Battalion Chief and the Union representative will monitor the procedure for choice of vacations. Section 3. Payment of Accumulation. Upon resignation or retirement after six (6) months of continuous service, an employee is eligible for payment of not more than two hundred eighty-eight (288) hours of accumulated vacation leave at the current base rate of pay. ARTICLE XI UNION ACTIVITIES Section 1. Union Meetings. The Union may use the Conference Room for union meetings for three (3) hours not more often than once per month. Employees on duty may attend with the Battalion Chief's permission and such employees must be available for fire calls. Such meetings will be held at times when they do not interfere with Fire Department activities. No one on duty in outlying stations may attend except that if the Union President is assigned to an outlying station, he/she may arrange with another bargaining unit member assigned to the central station to temporarily trade station assignments in order to attend said meeting, subject to approval by the Battalion Chief on duty. Employees on duty at outlying stations may participate in union meetings via remote electronic communication with the on -duty Battalion Chief's permission. Section 2. Documents. Documents belonging to the Union may be stored at the Central station in the same manner in which they are currently stored in file cabinets belonging to the Union. These may be moved to an outlying station if the Union President Is permanently assigned there. The Union will be responsible for moving the file cabinets. 41 Section 3. State Convention. Two bargaining unit members from different shifts may have up to two shifts off duty to attend the annual meeting of the Iowa State Association of Professional Fire Fighters Convention. The Union will designate in writing who will attend the convention ten (10) days prior to the date of the convention. All arrangements for taking time off under this Section will be cleared with the Chief. Section 4. State Officers. State Officers shall be given up to two (2) shifts off duty to attend the annual meeting of the Iowa Association of Professional Firefighters Convention. The Union shall provide a qualified replacement, agreed to by the Chief, to work for the State Officer. The City shall not be held liable for payment of wages or time off due to the replacement. Section 5. Negotiations. In the event that the parties to this contract determine that future negotiations are appropriate, not more than one (1) member of the bargaining unit may attend the negotiations while on duty without loss of compensation. The member will remain available for emergency calls during the negotiation period. ARTICLE XII UNIFORMS AND EQUIPMENT Section 1. Uniforms. The City will provide all uniforms and safety equipment as provided for under the Uniform Policy (GP110.05) dated November 2018. Initial tailoring will be provided. Employees may purchase their own work shirts as long as shirts meet general specification as to color and style. Replacement of the above equipment will be by the City upon the Chiefs determination of need. The City will compensate unit employees for the replacement cost of eyeglasses which are broken or damaged in fire fighting duties including training and inspections. The Chief will determine the legitimacy of all claims under this section. The City will pay each bargaining unit employee $50.00 annually toward cost of cleaning uniforms which require dry cleaning. Such payment shall be made as of December 1 of the Contract year. ARTICLE XIII INSURANCE Section 1. Medical Health Insurance. The City will provide the health insurance policy known as the Blue Cross/Blue Shield "Iowa 500" two-day deductible plan for employees and eligible dependents. Employees will pay a portion of the monthly premium (prorated for part-time employees) toward the cost of such coverage, as follows: sixty-five dollars ($65.00) per month for single coverage and one hundred and five dollars ($105.00) per month for family coverage in FY20; seventy dollars ($70.00) per month for single coverage and one hundred and ten dollars ($110.00) per month for family coverage in FY21; 10% of the premium of the coverage selected In FY22; and 11% of the premium of the coverage selected in FY23 and FY24. A pro rata share of the cost of the premium will be paid for part-time employees. A description of the provisions of the negotiated "Iowa 500" plan are set forth in Appendix "B". Benefit coverages are based on usual, customary and reasonable rates. Disputes regarding specific claims shall be addressed to the insurance company and are not subject to the grievance procedure of this agreement. The parties agree to actively pursue incentives and/or alternatives to the existing health care plan and pledge their mutual cooperation to achieve this end. However, no such programs will be ,7 implemented except upon mutual agreement by the City and the Union. The City may meet with representatives of the Union for the purpose of negotiating an alternative to the "Iowa 500." Up to three (3) Union representatives may attend such meetings without loss of pay. Should the parties fail to agree, they will proceed to arbitration pursuant to Article XXII. The issue to be decided by the arbitrator is the appropriateness of such an alternative, and whether or not it is reasonably equivalent to the "Iowa 500." If the arbitrator determines that the alternative is not appropriate or reasonably equivalent, the "Iowa 500" plan shall remain in effect. Section 2. Life Insurance. The City will provide a term life insurance policy for employees the face value of which is an amount equal to the next even thousand dollars greater than annual salary. e.g., If an employee's annual salary is $40,240, the face value of the life insurance policy is $41,000. In the policy currently provided coverage does not become effective until ninety (90) days after employment. Section 3. Dental Insurance. The City will provide dental insurance for employees. Family dental insurance will be made available to the employee at the employee's expense. The City will pay $7.00 per month or full individual premium cost for employees during the term of this agreement. The City shall not be prejudiced in future collective bargaining by paying full individual dental insurance premium costs that are in excess of $7.00. A description of the provisions of the negotiated Delta Dental plan is set forth in Appendix "8". Benefit coverages are based on usual, customary, and reasonable rates. Disputes regarding specific claims shall be addressed to the insurance company and not subject to the grievance procedure of this agreement. ARTICLE XIV DUTY OUTSIDE THE CITY In the event the City directs an employee to perform duties outside the corporate limits of the City of Iowa City, Iowa, the employee shall receive every benefit, right, and privilege to which he/she would have been entitled had said duties been performed within the corporate limits of Iowa City. ARTICLE XV TRAINING PROGRAMS The City and the Union agree that training and development of employees within the bargaining unit is of primary importance to maintaining high standards of fire protection for the citizens of Iowa City. The City agrees to assist employees in acquiring the knowledge, skills and attitudes needed to perform the work most effectively to the extent that there is an increase in efficiency and economy within the Fire Department. A continuous training program will be maintained based on need as determined by the Chief. Self -development will be encouraged where possible and will include training in management and supervisory skills as well as technical areas. When they are required by the City to attend training activities away from the station, employees will be reimbursed for expenses in keeping with City procedures for reimbursing such expenses. Compensation for required training will be by prior authorization on the basis of straight time for actual hours spent in training. Subject to the discretion of the Fire Chief, the City recognizes the need for training in particular areas such as EMT and will provide such training when deemed appropriate. 12 ARTICLE XVI BULLETIN BOARDS Section 1. The City shall assign space on bulletin boards for the Union to post notices. The Fire Chief will have final review of materials posted or displayed on walls, bulletin boards, blackboards, and other similar surfaces in the Fire Department. ARTICLE XVII PERSONNEL TRANSACTIONS Section 1. Employees shall receive a copy of payroll transactions, performance evaluations, and other documents which will be used for purposes of promotion, evaluation or discipline within thirty (30) days after documents are placed in their files. Section 2. Under the supervision of an employee of the Human Resources Office and during normal business hours, employees shall have access to their personnel files including the right to copy the contents of the file at their own expense. Section 3. Upon request, the City shall remove documents relating to minor disciplinary offenses from the employee's file once per year on or about July 1. Past infractions will only be removed if an employee goes twelve consecutive months without any disciplinary action whatsoever noted in his/her record. Section 4. Upon request, each employee shall receive a copy of his/her job description upon permanent appointment to the position in question. ARTICLE XVIII DISCIPLINE Section 1. Purpose. All parties of this Contract recognize that a certain amount of discipline is necessary for efficient operation of the City and the City has rights and responsibilities under law in providing services in an efficient manner. These certain penalties for infractions are agreed upon by the parties as a mode of operating and are not intended to limit the management rights of the City as explained in Chapter 20 of the current Code of Iowa. Disciplinary actions against employees will be taken for just cause. Employees shall elect to pursue appeals of disciplinary proceedings either through the Civil Service Commission or through the grievance procedure in this Agreement. The City agrees to impose discipline no later than thirty (30) days from the date it has clear notice of the facts constituting an infraction. Section 2. The goals of progressive discipline are to correct behavior and produce efficient City operations rather than merely to punish wrongdoers. Disciplinary actions or measures shall ordinarily be invoked in the order listed: 1. Oral reprimand or warning (to be accompanied by written notification of same at the time of such disciplinary action or within one working shift after such action). 2. Written reprimand or warning. 3. Suspension with loss of pay. 4. Discharge. Section 3. Serious violations may be dealt with by any of the above disciplinary measures on the first or subsequent offenses, 14 ARTICLE XIX TRANSFER PROCEDURES Section 1. Voluntary Transfers. An employee desiring to transfer to another battalion may make written application to the Fire Chief. The Chief will review the request and will consider the ability and experience of the member, the nature and type of work to be performed within the battalion, and the rank and seniority of the members and the need for personnel having certain qualifications within the battalion. Special consideration by the Chief will be given for emergency circumstances. Generally, voluntary transfers will take place under one of two conditions: a. Two (2) employees desire to trade battalions, OR, b. A vacancy exists on another battalion. Employees may not make more than one voluntary transfer per year. Nothing in this Article limits the Chief from making involuntary transfers. ARTICLE XX SUPPLEMENTAL EMPLOYMENT Section 1. Employees may have outside employment provided that such employment does not conflict with the duty hours of the employee or with the satisfactory or impartial performance of their duties and provided that such employment does not adversely affect the City. Section 2. The employee agrees to notify the Fire Chief of his/her outside employment. The employee will notify the Fire Chief when outside employment or employer changes. The Fire Chief retains the right to disapprove such outside employment under the provisions of Section 1 of this Article. ARTICLE XXI SAFETY Section 1. The City and the Union recognize the importance of the personal safety of individual employees on the job and recognize that fire fighting is a hazardous activity which subjects an individual to more risks than other employment or activities. Section 2. Periodic training in safety matters will be provided to employees who engage in hazardous work. Employees will have access to protective gear as required by law. Employees will use property and equipment of the City with due care appropriate to the work performed and equipment used. Section 3. Employees who operate equipment shall report any defect noticed by him/her in said equipment to the immediate supervisor as soon as possible. Section 4, Health and Safety Committee, A health and safety committee composed of representatives of the City and the Union will act as advisors and make recommendations to the Fire Chief in the area of health and safety. Their duties shall include but not be limited to: a. Conducting health and safety lectures as needed. b. Investigation of accidents and injuries and making recommendations to the Fire Chief on steps to take to prevent a recurrence. c. Monitoring of the testing of apparatus and equipment (testing procedures outlined in applicable NFPA Standards). d. Conduct safety checks in all stations and forward results to Fire Chief. e. Conduct Committee meetings quarterly (if needed) to discuss Health and Safety and related topics. 1F Section 5. Drug Testing. The City and the Union recognize the rights and responsibilities of employees established by Iowa Code 730.5 (Drug testing of employees or applicants regulated). ARTICLE XXII GRIEVANCE PROCEDURE Section 1. Definitions. The word "grievance" wherever used in this Contract shall mean any dispute between the City and any employee with regard to the meaning, application or violation of the terms and provisions of this Contract. Section 2. Representation. An employee will not be required to be represented by a Union representative, but has the right to be so represented if he/she chooses. In the event that the grievance proceeds beyond Step 3, an employee may not invoke arbitration without the approval of the Union and, in the case of an employee grievance, the Union may invoke arbitration only with approval of the employee grievant. Section 3. Representatives. The Union will certify to the City the names of three (3) representatives and three (3) alternate representatives for the purpose of representing fire department members in the investigation and presentation of grievances. Not more than one representative will represent a grievant for any one grievance. The representative may use a reasonable amount of duty time to investigate grievances providing that the Battalion Chief gives permission for time to be used and provided that the grievance resolution does not interrupt regular fire department work. Section 4. An employee shall use this procedure for the resolution and determination of disputes which arise under the terms of this contract. The Grievant does not lose legal rights by initiating a grievance under this procedure. However, if the Grievant elects to proceed beyond Step 3 of the Grievance Procedure the Grievant by so doing waives the right to exercise any other option(s) available to obtain satisfaction and the Grievant is bound by the decision of the Arbitrator. Suspensions, demotions, discharges, and other matters under the jurisdiction of the Civil Service Commission may be prosecuted either through the contractual grievance machinery or before the Commission. By electing one forum, the aggrieved employee shall be held to have waived the other forum. Section 5. Procedure. A grievance that may arise shall be processed and settled in the following manner: Step 1. The grievance shall be presented orally for discussion between the employee grievant, the representative, if applicable, and the battalion chief within nine (9) calendar days of the event giving rise to the grievance. The battalion chief will either adjust the grievance or verbally deliver an answer to the employee grievant or representative within nine (9) calendar days. In the event that no response is received from the supervisor, the grievant shall proceed to Step 2. Step 2. If the grievance is not resolved by Step 1, the grievant or representative may, within seven (7) calendar days following completion of Step 1, present three (3) written copies of the grievance signed by the employee grievant. The copies are to be distributed as follows: One copy to chief negotiator for City (or designated representative), one copy to Fire Chief (or designated representative), and one copy to the Union. The written grievance shall contain a statement from the employee of the facts and section of this Contract grieved and must specify the relief or remedy desired. The Fire Chief shall investigate and document the grievance and issue a decision in writing to the grievant and/or representative within ten (10) calendar days. If no response is received, the grievant shall proceed to Step 3. 1R Step 3. If the grievance is not resolved at Step 2, the grievant or representative may submit the grievance to the City Manager or his/her designee within seven (7) calendar days of the completion of Step 2. The City Manager will investigate and respond to the grievant within fourteen (14) calendar days following receipt of the grievance at Step 3. The City Manager will meet with the grievant and his/her representative if such meeting is requested in writing. Section 6. Arbitration. Grievances not resolved at Step 3 of the Grievance Procedure may be submitted to a third party for arbitration. A request for arbitration must be submitted by written notice to the City within seven (7) calendar days following receipt of the City Manager's response at Step 3. Copies of any such request by an employee will be furnished to the City and to the Union. The arbitration proceeding shall be conducted by an arbitrator to be selected by the City and the Union within five (5) days after notice has been given. If the parties fail to select an arbitrator, a request by either or both parties shall be made to the Federal Mediation and Conciliation Service to provide a panel of five (5) prospective arbitrators. Both the City and the Union shall have the right to strike two names from the panel. A coin toss will determine who strikes the first name. The process will be repeated and the remaining person shall be the arbitrator. The arbitrator shall have the power to interpret, apply, and enforce this written Contract but shall have no power to add to, subtract from, or modify the terms thereof. The rules of evidence and the nature of the hearing will be conducted in a manner consistent with all state and federal legislation, applicable rules and regulations. The decision of the arbitrator shall be issued within thirty (30) days after conclusion of the hearing and shall be final and binding upon the parties. The parties of the grievance, their witnesses and representatives shall have the right to be present at the grievance arbitration in addition to the arbitrator. Other persons may be present at arbitration hearings as the parties may mutually agree. Either party shall have the right to record the evidence presented at the arbitration hearing. Arbitration hearings shall be closed to the public and evidence taken shall not be revealed to any third party until such time as the decision of the arbitrator is made unless parties agree otherwise. The cost of arbitration and recording the same shall be divided equally between the parties to this Contract. The cost of a certified court reporter, if requested by the arbitrator, shall be divided equally between the parties. Each party will pay for the cost of its own case preparation and for expenses of its witnesses. Section 7. Grievance Committee. The Grievance Committee shall consist of three (3) persons designated by the Union as representatives and of not more than three (3) City representatives except by mutual agreement. The names and addresses of the parties selected shall be certified by the Union to the City. Representatives or agents of the parties may be present at grievance committee meetings. The function of the Grievance Committee will be to meet and confer as needed during the life of the contract for the purpose of discussing problems between the parties arising out of the administration of this contract. 17 ARTICLE XXIII GENERAL CONDITIONS Section 1. This Contract shall be construed under the laws of Iowa. Section 2. The City and the Union agree they will not act to discriminate because of race, creed, color, sex, age, national origin, gender identity, disability, religion, marital status, sexual orientation, or political affiliation unless the reason for the discrimination Is job-related or otherwise allowed by law. The parties agree that complaints alleging violation of this section shall not be subject to the grievance/arbitration provisions of this contract but rather, shall be brought before the appropriate state or federal forum. Section 3. Parking. No fewer than ten (10) parking places in the Chauncey Swan Parking Ramp located at 415 E. Washington St. will be held in the names of fire bargaining unit members provided that fees are paid according to City procedures for the ten places. Bargaining unit members shall pay parking fees for permits in the amount equal to that charged other City employees who park in the Chauncey Swan Parking Ramp located at 415 E. Washington St. The City will assume no increase in responsibility in administering use of parking permits as a result of this Contract and any disputes over use of the ten permits must be handled by the Union representative. Other fire department members may hold parking permits in accordance with City procedures. Section 4. Grocery Buyer. The grocery buyer for each shift may use a City vehicle if available at times and in areas designated by the Fire Chief. Section 5. The City shall make an electronic version of the collective bargaining agreement available to all bargaining unit members in lieu of distributing paper copies. Section 6. The City agrees to meet and confer on mandatory items (Chapter 20, Section 9) during the course of this agreement and to notify the Association of significant changes in working conditions as far in advance as is reasonably possible. Section 7. Employees covered by this agreement shall be allowed to participate in the Section 125 Pre -Tax Advantage Program as established by the City. At a minimum, said program will allow for pre-tax payment of health insurance co -payments to the extent allowed by Federal and State law. Section 8. Early Retirement Incentive. The City will give the Union notice and opportunity to discuss at a Grievance Committee meeting prior to implementing any early retirement incentive program. Such program must be applied on a unit -wide basis and participation will be voluntary. Section 9. Deferred Compensation. If allowable by law, the City will provide the collective bargaining members the opportunity to contribute to a deferred compensation plan if the employee so chooses with either a traditional contribution or a Roth contribution. ARTICLE XXIV WAIVER All negotiations or bargaining with respect to the terms and conditions of this Contract shall be conducted by authorized representatives of the Union, Local 610, and the City. Agreements reached as a result of such negotiations shall become effective only when signed by the authorized representatives of the parties. The expressed written provisions of this Contract will not be modified except by authorized representatives of the parties. 1R The Contract supersedes and cancels all previous agreements between the City and the Union and constitutes the entire Contract between the parties and concludes collective bargaining for its duration. All parties to this Contract waive each and every right to negotiate to which they would otherwise be entitled under the laws of the State of Iowa for the duration except as amended. ARTICLE XXV SAVINGS CLAUSE Should any Article, Section, or any portion thereof of this Contract be held unlawful and unenforceable by operation of law or by any tribunal of competent jurisdiction, such decision shall apply only to the specific Article, Section or portion thereof declared null and void in the decision and the remainder of this Contract shall remain in full force and effect. Neither party shall be required as a result of their Contract with each other to conduct themselves in a manner which would cause them to neglect their duties under law or to engage in activities in violation of the law. If replacement provisions are deemed necessary by the Union or the City they shall give notice to the other party of their intent to reopen applicable portions of the Agreement. Negotiations will begin within ten (10) days unless extended by mutual written agreement. ARTICLE XXVI DURATION This Contract shall be in effect between July 1, 2019 and June 30, 2024 to include a wage and insurance reopener in the third fiscal year for Fiscal Year 2023 and 2024, and shall continue from year to year thereafter unless written notice to change or modify it is served by either party prior to August 15 of the year preceding the expiration date of this Contract or any extension thereof. ARTICLE XXVII WAGES Section 1. The effective date of compensation and benefit adjustments applicable to any fiscal year will be the first day of the pay period which begins between the dates of June 24 and July 7, inclusive. Effective dates over the next four years are as follows: June 30, 2019 June 27, 2021 June 28, 2020 June 26, 2022 Section 2. The base pay for the Iowa City Fire Department Firefighters, Lieutenants, and Captains will be adjusted as follows: increased by two and seventy-five hundredths percent (2.75%) effective June 30, 2019; the resulting pay play further increased by two and seventy-five hundredths percent (2.75%) effective June 28, 2020; the resulting pay plan further increased by two percent (2%) effective June 27, 2021; and the resulting pay plan further increased by two percent (2%) effective December 26, 2021. Per the terms of the FY23-FY24 re -opener, pay plan effective 12/26/21 will be increased by three and one-half percent (3.5%) effective June 26, 2022 and the resulting pay plan further increased by three percent (3.0%) effective June 25, 2023. Copies of the pay plans for FY2020 — FY 2024 are attached to this agreement as Exhibit A-1 through A-6. Bargaining unit members will be eligible for salary adjustments to the next step as follows: Step 2 - after six (6) months at Step 1. Step 3 - after six (6) months at Step 2. 10 Step 4 - after one (1) year at Step 3. Step 5 - after one (1) year at Step 4. Step 6 - after one (1) year at Step 5. Step 7 — after six (6) years at Step 6. Step increases shall be granted only after the employee has achieved a satisfactory rating as determined in the discretion of the Fire Chief. Bargaining unit members promoted to the ranks of Fire Lieutenant or Fire Captain shall, upon promotion, be compensated at Step 1 of the appropriate salary range, and shall be eligible to receive a one step increase to Step 2, six months following the promotion. ARTICLE XXVIII OTHER COMPENSATION Section 1. There will be a cost of living allowance if and when and to the extent the cost of living exceeds nine percent (9%) during the contract year subject to a maximum pay out of two percent (2%) of an employee's base salary for the quarter in question. The method and basis for computing the allowance will be as follows: a. All computations will be based on changes in the revised Consumer Price Index (CPI -W) published by the Bureau of Labor Statistics, U.S. Department of Labor, Urban and Clerical Wage Earners, U.S. cities, 1967=100. b. The base index month shall be as follows: May 2019 for FY20, May 2020 for FY21, and May 2021 for FY22, c. Cost of living computations will be made quarterly to determine the percent difference between the CPI -W for the base index month and for August, November, February, and May of each applicable fiscal year. d. Quarterly cost of living allowance pay adjustments will be made effective the first day of the month following the month in which it is determined that the cost of living has increased in excess of nine percent (9%). However, these quarterly cost of living payments are limited to a maximum of two percent (2%) of an employee's base salary for the quarter in question. Furthermore, any payments made under this Article for the final quarter described in Section (c) shall not be included in the base salary of any employee but shall be paid on a one-time, non-recurring basis. Payments made for the remaining three (3) quarters, if any, shall be included in the employee's base salary. e. No cost of living adjustment will have the effect of reducing the salary schedules set forth in Article XXVIII, Compensation of this Agreement. Section 2. Longevity Pay. A payment will be made to permanent full-time employees as of December 1 of each fiscal year to reflect years of service with the City according to the following schedule: Length of Service on December 1 Effective July 1, 2022 5 years 1 day -10 years 10 years 1 day -15 years 15 years 1 day - 20 years 20 years 1 day - 25 years 25 years 1 day + $365.00 540.00 690.00 840.00 1,090.00 2n $380.00 560.00 720.00 875.00 1135.00 This payment will be prorated on the basis of monthly segments for members who retire before December 1 in any fiscal year. Any employee who terminates after December 1 will reimburse the City on the same proration. Section 3. A payment of $700 will be made to each permanent full-time bargaining unit employee as of December 1 of each fiscal year. In the event that an employee terminates for any reason after December 1, he/she will reimburse the City from this payment on a prorated basis (monthly segments). For example, an employee who retires on January 1, will return one-half of the December 1 payment. Section 4. Each permanent, full-time bargaining unit employee who is a duly certified Emergency Medical Technician -Basic as of the first day of the contract benefit period as defined in Article XXVII, Section 1 above, shall receive a payment of four hundred seventy-five dollars ($475.00) on the second payday of each fiscal year. Section 5. Each full-time bargaining unit employee who is duly certified as a Hazardous Materials Technician as of the first day of the contract benefit period as defined by Article XXVII shall receive a payment of three hundred dollars ($300.00) on the second paycheck in each fiscal year. ARTICLE XXIX USE OF TIME OFF Current policies governing the use of holiday, compensatory and vacation time will apply uniformly on a departmental basis. Once holiday, compensatory and vacation time is approved and scheduled, its use shall not be denied except: 1. In emergency situations. 2. Where minimum staffing cannot be achieved due to unavailability of replacement personnel. Where #2 above applies, it is understood that the employer will place up to four telephone calls to attempt to secure a replacement for an employee whose scheduled time Is subject to cancellation. If no replacement is secured, the scheduled time off is cancelled unless the affected employee secures a replacement. Efforts by the employer to contact replacement personnel (other than the number of telephone call attempts) shall not be grievable under the provisions of this agreement. The benefits to the bargaining unit of this article were agreed to by the employer in exchange for the Union's acceptance of a salary and benefit package less than the employer would have otherwise agreed to. ARTICLE XXX FAMILY AND PARENTAL LEAVE Bargaining unit members are eligible for paid leave benefits established by the City's Family and Parental Leave Policy. For the purpose of administering the provisions of this policy including leave and benefit amounts, limitations, and use of other leaves, a week will be defined as fifty-six (56) hours for employees assigned to twenty-four (24) hour shifts. By: CITY OF IOWA CITY, IOWA IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS, IAFF, AFL-CIO, LOCAL #610 MAY ATTEST: J j Y ) 0 r/ -7 120'2-7, Date: 05/1$ /zo z7, Date: City Attorney's Office 99 IOWA 500 IOWA 500 HEALTH CARE COVERAGE APPENDIX B IOWA 500 coverage combines basic Blue Cross hospital, Blue Shield physician and Major Medical coverages into a single program using deductibles and co -payments. And after the deductible and co- payment have been satisfied, the dollar coverage and number of hospital days are unlimited except for Nervous and Mental admissions. In short, the Subscriber shares in the costs of the medically necessary hospital, medical and surgical services provided. However, the Subscriber's share never exceeds the out of pocket maximum per year for covered services, regardless of the number of family members. IOWA 500 plan benefits encourage medical self -maintenance practices by paying for 90% of the covered Usual, Customary and Reasonable charges for: • One routine annual physical examination in a doctor's office or clinic • Home and office calls needed to diagnose or treat a medical condition • Immunizations required by a Subscriber or any person in a Subscriber's family The idea behind IOWA 500 coverage? To encourage continuing medical self -maintenance and help reduce the length and number of unnecessary hospital stays. These efforts, of course, can help keep health care costs — and rates — in line. THE IOWA 500 Plan Covers These Extensive Services: HOSPITAL CARE 90/10 Inpatient • Semi -private room and board • Necessary services and supplies • Operating rooms, intensive care, coronary and burn care units • Delivery room for normal delivery, Caesarean section, miscarriage or admission for false labor • Necessary laboratory and x-ray services Outpatient • Surgery • Diagnostic, x-ray and laboratory services • Accident care HOME HEALTH CARE 90/10 • Services provided by a Registered Nurse • Services prescribed by a physician PHYSICIAN SERVICES 90/10 • Home and office visits • One routine annual physical exam • Pre -natal and post -natal care in physician's office • Immunizations • Hospital visits and nursing facility visits NERVOUS AND MENTAL 90/10 Outpatient - 90/10 SKILLED NURSING FACILITY 90/10 • Unlimited Room and Board • Services and Supplies APPENDIX B THE IOWA 500 PLAN COVERS THESE OTHER SERVICES: These other services are subject to a contract deductible per calendar year • Prescriptions Nursing Services • Anesthetics • Private -duty nursing services • Blood plasma • Casts Ambulance • Crutches • Air • Durable medical equipment • Ground • Other supplies when ordered by a physician DEDUCTIBLES AND CO -PAYMENT • Hospital — The Subscriber is responsible for the first two days of semi -private room and board. Per Hospital Admission. • Physician — The Subscriber pays 10% of the physician's Usual, Customary and Reasonable charges including office calls. IOWA 500 coverage pays the remaining 90%, • Other Supplies/Services — The Subscriber first pays the deductible per contract per calendar year for the medical supplies and services. These may include prescription drugs, services of a Registered Nurse, ambulance services, home health care and braces. When the Subscriber's expenditures for hospital, physician, and/or other services reach the out of pocket maximum per year, IOWA 500 pays 100% of all remaining charges. If the Subscriber's expenditures for hospital, physician, and/or other services do not reach the out of pocket maximum, the Subscriber pays 10% of all remaining charges up to a total maximum expenditure of the annual out of pocket maximum. CARRYOVER OF DEDUCTIBLE Expenses for covered services incurred during the months of October, November and December and which are used to satisfy that year's deductible can be used toward satisfying the next calendar year's deductible. Hospital Services 1 or 2 day deductible Physician Services 90%/10% Other Covered Services Single Deductible: Family Deductible: $700 (eff. 1/1/20) $950 (eff. 1/1/20) $700 (eff. 1/1/21) $950 (eff. 1/1/21) $750 (eff. 1/1/22) $1200(eff. 1/1/22) $800 (eff. 1/1/23) $1600 (eff. 1/1/23) 90%/10% until out of pocket maximum Out of Pocket Maximum: Single OPM: Family OPM: $1200 (eff. 1/1/20) $2000 (eff. 1/1/20) $1200 (eff. 1/1/21) $2000 (eff. 1/1/21) $1250 (eff. 1/1/22) $2250 (eff. 1/1/22) $1300 (eff. 1/1/23) $2600 (eff. 1/1/23) Summery of Benefit DELTA DENTAL COVE `:, GE Delta Dental Plan of Iowa to+rerage not only provides a variety of benefits but also encourages timely and effective dental maintenance. Mora than 8O% of the dentists in Iowa participate In the Delta Dental program. Delta Dental payment Iss based on Usuol, Customary end Reasonable allowances, subject to'deductitifi arid copayment prbvi- eons of the program. Your Delta Dental program•includes a'medical necessity' provision which ensures coverage for dental services provided Within 'genoratly accepted dental'practices. ' ' Like Blue Cross and Bluer Shield of Iowa, the Detta,D.entel ?len . receives claims directly from participating dentists.,Mrid,wef,pey them•. directly for you. That eliminates claims -handling chored•.fgr yt2u a'hd - your employees — and saves valuable time eihd.rnianey'. • . To provide a program to meet your company's npod4, Delta pante! Flan benefits are available with deductibles, eoperfoffls slid maxi= • • mum payment allowances for covered services. ` • These benefits are combined to meet your needs: Preventive Maintenance benefit iodides: o Routine checkups at six-month:intervals including bitewing x-rays et • 12 -month intervals. e Teeth cleaning once every six months. • Topical fluoride applications as prescribed but no more than once every six months. e Full -mouth x-rays once in any three-year interval unless special need is demonstrated. Routine Restorative benefit provides ongoing care including: • Regular cavity fillings. • Oral surgery (including pre- and post-operative care). e Emergency treatment for relief of pain. Major Restorative benefit covers: • High-cost fillings. e Cast restorations. ' • Root canal .fillings. • Non-surgical treatment for gum diseases. 0112-A PM 2w d - Delta Dental Plan of Iowa a+q jo Ueld iwp el as rot etc IL tele •a^pp sawooaq pen= 01.1 uayra =Di w suope!n0a wewliwue pue 1asN swww ayl u! pa!}rnds suo!7!puoa put usual aµ1 ol'>?algns q alias lenpy -pet0J0010 )U0114040 a lou s! y •a6tua^w /o u0,4d!�` sap-_!euaua0 e q ssyl alto a^!le�uY�1p� paxuaprtet A'l' )�' I /1.777‘1ki 'II venwm alp )o uo!wnp alit Jo/ saeAo!du e.alg6sN 1t301 }o %M }o 1uawnryua wnw/ufw 5U!!ewlew pue Bup!nbae pue papuad uogeuuo!u! snsuao uodn paseq ae alaq palonb snt41. Into! 58 -I -L Aq pase4and }! OW) 58 -I -L uo 6uluu!fiaq sgwow paelueren6 sales esata 41uow lad — — $ A!!wed 41uow .iad s ej5u!s ,sa�ea utethold $ sopuopoquo uo wnw!xew lljaueq awila}n 1eaA sad hagwaw Jed ups $ Apwej . deaA Jad. --� $ e!Bu!s ew,nunxe( uteIBad sl!npd swaprus awn-I!nd 0 age of swapuadap 0. saguopoq»o 0 sonuopouad % $• ss!laylsold !eluap ❑ Or " $imaeloasekiuuteR % (9 9L/4Z $ WuleJolseu eunnoy % ®� ' •-$ tl'oueualuieyi eAnuenaad • (Ipnuu ) • Aquitamouts w "fQtPaPed Wit Wel II Mild NOWILOno eMog to ttt 6d 6¢buva el{>,a® d DELTA DENTAL' Doductlbias, Maximums$ Eligibility • Individual Deductible -Family Deductible • 0ed uctible applies la Check -Ups and Teeth Ceaning7 • Benefit Period Maximum • Ellglble chi:droll to ago 26 • Full-time (unmarried) students allglble to ago 99 BSnefltr . , check -Ups endTaethakan'tng . (p1i hottk and Prtventve sarvins) • Dental Cleaning - Oral Evaluations • Fluoride Applications -% Rays C1Wty Repalrind Tooth Extractions 2096 • (Routine and So/Min Serving • Emergency Treatment • General Anesthesia/Sedation • Restoration el Decayed or Fractured Tooth • Limited Occlusal Adjustments • Routine Oral Surgery • Sealant Apolintions • Space Maintainer: • Posterior Composites w/ Alternate Processhg Rdot eanab•(EndodoritteSerykas) - 50% • APkoectemy Dlreet Pufp Cap -Pulpotomy -Retrograde Fillings - Root Carel Therapy Guin ind jone:Dinases(Periodontal Serdns) 20% - • ComenraUve Procedures (Non-surgltal) • Periodontal Mahsteaance Therapy 141A:GOt Restoraffen's (Cast Rtstontknq - Sb%•: -Cast Restorations -Crowns Inlays Onlays •Post and Cores • Recementing Crov;ns/InlaysjONays Dentvm and eddgea feensehadc Service) - ' Not Coveted • • Bridges -Dentures -Repairs and Adjustments -Recementing of gtl(1ges _ puilyhteeieelrl (Qr liddentl@) a - •Nri Ccvefed •: - - ., AddltgnatCpttons -Enhanced eenofts Program Included This dental plan Includes the Enhanced generis Program OP) whkh allows additional benefits for Devoted Persen(g) with designated dentalor nada condlt:ens. Plmse refer to your den cal benefits document For details. Delta Dental of Iowa Employee Summary of Covered Services and Benefits City of Iowa City - Plan 2 Dellebenl.9l premPor , $25 $75 No $1,500 The percentage shown Is the coinsurance amount that Is the respansibialy or the Covered Person. This in a general description ofcoverage. 11 Is net vtaternent el your contract. Fano, coverage Issubjectto rams and condliens specified m the benefits document Itself benefits become ellc<Me. Certain excretions and limitations apply. Please rarer to your dental benefits document for details. Delta Dental of Iowa nd enrolment re¢orations In force when the 2022 9000 Northpark Dr, Johnston IA 50131 www.deltadentalia,com 1 35 FIREFIGHTER 18.5463 2077.19 54006.94 36 FIRE LIEUTENANT 24.8758 2786.09 72438.34 37 FIRE CAPTAIN 27.1260 3038.11 78990.86 38 FIRE LIEUTENANT/TRAINING 37.9765 3038.12 78991.12 FIRE PAY PLAN - FY20 EFFECTIVE JUNE 30, 2019 2 3 4 5 6 6MO. 12 M0. 24 M0. 36 M0. 48 M0. 19.2759 2158.90 56131.40 26.0471 2917.28 75849.28 28.4001 3180.81 82701.06 39.7130 3177.04 82603.04 20.2315 2265.93 58914.18 20.9507 21.9577 22.8927 2346.48 2459.26 2563.98 61008.48 63940.76 66663.48 Exhibit A-1 7 120 MO. 23.7045 2654.90 69027.40 35 FIREFIGHTER 36 FIRE LIEUTENANT 37 FIRE CAPTAIN 38 FIRE LIEUTENANT/TRAINING 1 Exhibit A-2 FIRE PAY PLAN - FY21 EFFECTIVE JUNE 28, 2020 2 3 4 5 6 7 6M0. 12 M0. 24 M0. 36 M0. 48 M0. 120 M0. 19.0563 192060 20.7879 21.5269 22.5615 23.5222 24.3563 2134.31 2218.27 2328.24 2411.01 2526.89 2634.49 2727.91 55492.06 57675.02 60534.24 62686.26 65699.14 68496.74 70925.66 25.5599 2862.71 74430.46 27.8720 3121.66 81163.16 39.0206 3121.65 81162.90 26.7635 299751 77935.26 29.1811 3268.28 84975.28 40.8053 3264.42 84874.92 1 Exhibit A-3 FIRE PAY PLAN - FY22 EFFECTIVE JUNE 27, 2021 2 3 4 5 6 7 6 MO. 12 MO. 24 MO. 36 MO. 48 MO. 120 MO. 35 FIREFIGHTER 19.4375 20.2021 21.2036 21.9574 23.0128 23.9927 24.8435 2177.00 2262.64 2374.80 2459.23 2577.43 2687.18 2782.47 56602.00 58828.64 61744.80 63939.98 67013.18 69866.68 72344.22 36 FIRE LIEUTENANT 26.0711 27.2988 2919.96 3057.46 75918.96 79493.96 37 FIRE CAPTAIN 28.4294 29.7647 3184.09 3333.65 82786.34 86674.90 38 FIRE LIEUTENANT/TRAINING 39.8010 3184.08 82786.08 41.6216 3329.73 86572.98 Exhibit A-4 FIRE PAY PLAN - FY22 EFFECTIVE DECEMBER 26, 2021 1 2 3 4 5 6 7 6M0. 12 M0. 24 M0. 36 M0. 48 M0. 120 M0. 35 FIREFIGHTER 19.8263 20.6062 21.6277 22.3965 23.4730 24.4725 25.3404 2220.54 2307.89 2422.30 2508.41 2628.98 2740.92 2838.12 57734.04 60005.14 62979.80 65218.66 68353.48 71263.92 73791.12 36 FIRE LIEUTENANT 26.5925 27.8447 2978.36 3118.61 77437.36 81083.86 37 FIRE CAPTAIN 28.9979 30.3600 3247.77 3400.32 84442.02 88408.32 38 FIRE LIEUTENANT/TRAINING 40.5971 42.4539 3247.77 3396.31 84442.02 88304.06 Exhibit A-5 FIRE PAY PLAN - FY23 EFFECTIVE JUNE 26, 2022 1 2 3 4 5 6 7 6 MO. 12 MO. 24 MO. 36 MO. 48 MO. 120 MO. 35 FIREFIGHTER 20.5202 21.3274 2298.26 2388.67 59754.76 62105.42 36 FIRE LIEUTENANT 27.5232 28.8193 3082.60 3227.76 80147.60 83921.76 37 FIRE CAPTAIN 30.0129 31.4226 3361.44 3519.33 87397.44 91502.58 38 FIRE LIEUTENANT/TRAINING 42.0180 43.9916 3361.44 3519.33 87397.44 91502.58 22.3846 2507.08 65184.08 23.1804 2596 20 67501.20 24.2946 2720.99 70745.74 25.3290 2836.85 73758.10 26.2272 2937.45 76373.70 35 FIREFIGHTER 36 FIRE LIEUTENANT 37 FIRE CAPTAIN 38 FIRE LIEUTENANT/TRAINING 1 Exhibit A-6 FIRE PAY PLAN - FY24 EFFECTIVE JUNE 25, 2023 2 3 4 5 6 7 6 MO. 12 MO. 24 MO. 36 MO. 48 MO. 120 MO. 21.1358 21.9672 23.0562 23.8758 25.0234 26.0889 27.0140 2367.21 2460.33 2582.29 2674.09 2802.62 2921.96 3025.57 61547.46 63968.58 67139.54 69526.34 72868.12 75970.96 78664.82 28.3489 3175M8 82552.08 30.9132 3462.28 90019.28 43.2785 3462.28 90019.28 29.6838 3324.59 86439.34 32.3653 3624.91 94247.66 45.3114 3624.91 94247.66 SIDE LETTER OF AGREEMENT BETWEEN CITY OF IOWA CITY AND IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS IAFF, AFL-CIO, LOCAL 610 For contractual purposes, a Lieutenant assigned to the Training/Public Education assignment will be defined as Lieutenant under Article I of the Collective Bargaining Agreement. A Lieutenant (56 hours per week) assigned to the Training/Public Education assignment with a 40 hour work week schedule, will continue to accrue vacation sick leave and holiday time at the higher shift rate while on the 40 hour assignment, and will use benefits on a pro -rated basis. The ratio of shift (56 hours), to regular week (40 hours), is 1.4. Therefore, this ratio will be used when reporting accrual usage; I.e., for every 1 hour of time taken, 1.4 hours will be reflected on the accrual usage. Work Week: Annual Hours Worked: Holiday Time: 56 hours/40 hours =1.4 2912 hours/2080 hours = 1.4 123 hours/88 hours = 1.4 If an employee assigned to a 40 hour schedule terminates employment while on this schedule, his/her benefit payout will be calculated on a 56 hour benefit schedule, at the 56 hour work week rate. The annual salary for a Lieutenant in the Training/Public Education assignment will be the equivalent of pay grade 37, with the hourly rate adjusted to reflect a 40 hour work week. (Shown in the Exhibit A Pay Plan as grade 38.) A Lieutenant with this assignment would be placed at the same step he/she held in grade 36. He/she would be eligible for increases in accordance with ARTICLE XXVII WAGES Section 2. When time is worked beyond 8 hours per day every effort will be made to adjust the remainder of the work week to limit total work hours to 40 per work week. If this is not possible, comp time will be accrued or overtime will be paid in accordance with applicable laws. The parties agree that this side letter take effect July 1, 2022. CITY OF IOWA CITY IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS IAFF, AFL-CIO, LOCAL #610 By: By: City Manager President Date: Date: Item Number: 6.f. 46,, CITY OF IOWA CITY � COUNCIL ACTION REPORT May 17, 2022 Resolution approving agreement between the City of Iowa City, Iowa and Big Grove Iowa City, L.L.C. for a grant to capture carbon dioxide. Prepared By: Wendy Ford, Economic Development Coordinator Reviewed By: Geoff Fruin, City Manager Fiscal Impact: $37,000 funded by the Emergency Levy Recommendations: Staff: Approval Commission: N/A Attachments: Grant Agreement Resolution Executive Summary: Big Grove has applied for a grant to help with the costs of installation of a carbon capture system on site at Big Grove Brewery on Gilbert Street in Iowa City. Carbon dioxide is both a by product of the brewing process and a gas used in the process, but requires expensive equipment to capture and recycle the gas. To date, Big Grove has been purchasing CO2 from outside vendors and having it transported in. Installation of carbon capture equipment will allow them to capture and reuse the carbon dioxide in their brewing process, thereby saving the costs of the gas, transporting gas in, the transport -associated greenhouse gases created, and the cost of release of carbon dioxide into the air. Background /Analysis: The total cost of the project is $100,000 for which the applicant is seeking $37,000. Big Grove and the City will also work together on a marketing campaign highlighting the equipment and educating the public about the value of the project. On August 6, 2019, Council declared a Climate Crisis and called on staff to accelerate action to address the climate crisis and limit global warming. To that end, Council adopted the I PCC (Intergovernmental Panel on Climate Change) targets of a 45% reduction in carbon emissions by 2030 and reaching "net -zero" by 2050. The goal of the program is to provide incentives to industry to improve energy efficiency, reduce carbon emissions required to power their plants and help the City achieve a 45% reduction in carbon emissions by 2030. Funds for this grant will be sourced from the Emergency Levy. ATTACHMENTS: Description resolution agreement Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248 Resoluti Iowa and dioxide Resolution No. approving agreement between the City of .wa City, B 9 Grove Iowa City, L.L.C. for a grant to apture carbon tf Whereas, the City of lo City has adopted measures o assist commercial users in efforts to reduce their carb emissions; and Whereas, Big Grove Iowa CitL.L.C. a commerci user in Iowa City, has heretofore purchased and shipped in carbo ' dioxide from w- outside Iowa City; and Whereas, the transportation of car: on dioxide o Big Grove in Iowa City is responsible for an estimated 23 metric tons of c: rbon .'oxide annually, 1.5 metric tons of which occur within the city limits of Iowa City; : nd Whereas, Big Grove has applied for as ance to fund improvements to capture and reuse the carbon dioxide created on si • in t •e process of brewing beer. Iowa: Attest: Now, therefore, be it resolve , by the Cit' Council of the City of Iowa City, 1. The attached Agree ent between the City of Iowa City, Iowa and Big Grove Iowa City, . .C. for a Grant to Captun Carbon Dioxide is approved. 2. The City Manag= is authorized to sign said gr- t agreement and any needed amend- ents. Passed and apoved this day of 2 Mayor City Clerk Approve. City Attorney (Sue Dulek — 05/11/22) -1- 2. Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248 Resolution No. 22-127 Resolution approving agreement between the City of Iowa City, Iowa and Big Grove Iowa City, L.L.C. for a grant to capture carbon dioxide Whereas, the City of Iowa City has adopted measures to assist commercial users in efforts to reduce their carbon emissions; and Whereas, Big Grove Iowa City, L.L.C. a commercial user in Iowa City, has heretofore purchased and shipped in carbon dioxide from well outside Iowa City; and Whereas, the transportation of carbon dioxide to Big Grove in Iowa City is responsible for an estimated 23 metric tons of carbon dioxide annually, 1.5 metric tons of which occur within the city limits of Iowa City; and Whereas, Big Grove has applied for assistance to fund improvements to capture and reuse the carbon dioxide created on site in the process of brewing beer; and Whereas, the funds used for this grant project serve a public purpose. Iowa: Now, therefore, be it resolved, by the City Council of the City of Iowa City, 1. The attached Agreement between the City of Iowa City, Iowa and Big Grove Iowa City, L.L.C. for a Grant to Capture Carbon Dioxide is approved. 2. The City Manager is authorized to sign said grant agreement and any needed amendments. Passed and approved this 17th day of City Attorney -1- May , 2022. Resolution No., 2-127 Page 2 It was moved by Taylor and seconded by Thomas the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: X Alter y Bergus x Harmsen ___ Taylor x Teague X Thomas X Weiner AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND BIG GROVE IOWA CITY, L.L.C. FOR A GRANT TO CAPTURE CARBON DIOXIDE THIS AGREEMENT, by and between the City of Iowa City ("City") and Big Grove Iowa City L.L.C. ("Big Grove") is entered into on this1_7tl ay of May , 2022, in Iowa City, Iowa. WHEREAS, in Resolution No. 19-218, the City Council declared a climate crisis and resolved to accelerate its efforts to rapidly reduce greenhouse gas emissions; and WHEREAS, the City's 2020-2021 Strategic Plan includes demonstrating leadership in climate action; and WHEREAS, Big Grove owns and operates a brewery at 1225 S. Gilbert St. in Iowa City, Iowa; and WHEREAS, the fermentation process in the brewery operation creates carbon dioxide, a greenhouse gas emission; and WHEREAS, carbon dioxide is an ingredient added to finished beers; and WHEREAS, Big Grove does not currently have equipment to capture the carbon dioxide, and it also purchases needed carbon dioxide from a company that transports the gas from Davenport to Iowa City; and WHEREAS, the City is willing to provide a grant to Big Grove to capture carbon dioxide decreasing the emission of this greenhouse gas and the frequency of deliveries. NOW, THEREFORE, the City and Big Grove agree that: 1. Effective Date. The Effective Date of this agreement shall be the date this Agreement is entered into. 2. Amount of Grant. The City shall provide Big Grove a $37,000 grant payable promptly upon receipt of documentation that Big Grove has paid at least an equal amount in installments towards the purchase of equipment for its facility at 1225 S. Gilbert St., Iowa City, Iowa to capture carbon dioxide from the fermentation process ("equipment") and to provide the City data on its efficacy. 3. Records. Big Grove shall maintain the following records for four (4) years from the Effective Date: • Deliveries of carbon dioxide gas showing the city where each delivery originated • The number of pounds of carbon dioxide in each delivery 1 • The number of pounds captured in the fermentation process each calendar month 4. Annual Reports. Big Grove shall provide the City with three (3) annual written reports containing the following information for the preceding year: • Number of deliveries of carbon dioxide gas and the city where each delivery originated • The total number of pounds of carbon dioxide purchased • The total number of pounds of carbon dioxide captured in the fermentation process • The first annual report shall include documentation confirming the dates Big Grove installed the equipment and began capturing the emissions. Big Grove acknowledges and agrees that it currently purchases approximately 132,000 pounds of carbon dioxide by means of two weekly deliveries from Davenport, Iowa. The written report is due each year within thirty (30) days following the anniversary of the Effective Date beginning on the first anniversary and continuing for the two succeeding anniversaries. 5. Joint Promotion. Big Grove shall collaborate with the City in promoting the equipment and capturing the carbon dioxide emission for three years from the Effective Date. 6. Violation of Agreement/Remedies. If Big Grove violates any term of this Agreement, as reasonably determined by the City, the City shall provide Big Grove written notice of the violation. If Big Grove fails to cure the violation within thirty (30) days of the date on the notice, Big Grove shall immediately repay the City $37,000. The City shall provide the notice of violation to Big Grove by electronic means to this address: contactic@biggrovebrewery.com. 7. Additional Provisions. a. Big Grove shall not discriminate against any person in employment or public accommodation because of race, religion, color, creed, gender identity, sex, national origin, sexual orientation, mental or physical disability, marital status or age. "Employment" shall include but not be limited to hiring, accepting, registering, classifying, promoting, or referring to employment. 'Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. b. Big Grove shall not assign or transfer any interest in this Agreement without the prior written consent of the City. c. This Agreement may only be amended in writing. d. The City's failure to act with respect to a breach by Big Grove does not waive its right to act with respect to subsequent or similar breaches. The failure of the City to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. 2 e. If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. f. Upon signing this Agreement, Big Grove acknowledges that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this Agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. g. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Iowa. Any legal proceeding instituted with respect to this Agreement shall be brought in a court of competent jurisdiction in Johnson County, Iowa. The parties hereto hereby submit to personal jurisdiction therein and irrevocably waive any objection as to venue therein, including any argument that such proceeding has been brought in an inconvenient forum h. This Agreement constitutes the entire agreement between the parties for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the City and Big Grove with respect to this Agreement. CITY OF IOWAQ1TY� BIG GROVE OW CI , L.L.C. By By Geoff Fruin, 416 -Rage 1aa -Swift Approv C= (f -aa City Attorney's Office 3 Item Number: 6.g. 1 4CITY OF IOWA CITY !kr4gi,'��� COUNCIL ACTION REPORT May 17, 2022 Resolution authorizing the procurement of fuel for the City of Iowa City. Prepared By: Dan Striegel, Equipment Superintendent Reviewed By: Ron Knoche, Public Works Director Darian Nagle-Gamm, Transportation Services Director Nicole Davies, Finance Director Geoff Fruin, City Manager Fiscal Impact: Funds for this purchase are available in the operating budgets for the Equipment and Transportation Services divisions in accounts, 81710510- 465020, 81710510-465030, and 71810230-465030. Recommendations: Staff: Commission: N/A Attachments: Resolution Executive Summary: On March 22, 2022 a Request for Proposal was released via the City of Iowa City bidding software Ion Wave. Proposals were due by 2:30 on April 8, 2022. The City received one proposal from Cobb Oil and one proposal from HTP Energy. Two representatives from the Equipment division and one representative from the Transportation Services Department reviewed and scored the proposal. After careful consideration they recommended Cobb Oil for award of Request for Proposal 23-501 Fuel Contract for the City of Iowa City. Background /Analysis: Services for this contract will include the purchase and transport delivery of Gasohol and Diesel fuel for the City of Iowa City for a period of one year. Cobb Oil has fulfilled this task for the last five years and has proven to be exceedingly dependable in the execution of this contract. Their prices have been determined to be fair and reasonable given the turbulent fuel market. Over the course of this one-year contract, the City expects to expend approximately $1,897,000.00 for this project. Transit has this expenditure budgeted under account number 71810230-465030 and expects to spend approximately $448,000.00. Equipment has $625,000.00 of this expenditure budgeted under account number 81710510-465020. Equipment has $824,000.00 of this expenditure budgeted under account number 81710510-465030. ATTACHMENTS: Description Resolution Prepared by: Dan Striegel, Equipment Superintendent, 410 E. Washington St., Iowa City, IA 52240 (319) 356-2337 Resolution No. 22-128 Resolution authorizing the procurement of Fuel for the City of Iowa City. Whereas, a Request for Proposal was released to solicit the procurement and transport delivery of fuel for the City of Iowa City; and Whereas, two responsive proposals were received for these services; and Whereas, the evaluation committee has selected Cobb oil; and Whereas, the City's purchasing policy requires City Council to approve purchases for Goods and Services over $150,000; and Whereas, the City expects to expend approximately $1,897,000.00 for the procurement of fuel; and Whereas, funds for this purchase are available in the budget under Transit and Equipment accounts 71810230 and 81710510; 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 17th day of May , 20 22 . Attest: (ffr Approved by City Attorns Office (Liz Craig - 05/11/22) Resolution No. 22-128 Page 2 It was moved by Taylor and seconded by Thomas the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: Alter X Bergus X Harmsen x Taylor x Teague X X Thomas X Weiner Item Number: 6.h. 46,, CITY OF IOWA CITY � COUNCIL ACTION REPORT May 17, 2022 Resolution Approving the Iowa City Transit Title VI and Limited English Proficiency Plan. Prepared By: Darian L. Nagle-Gamm; Director of Transportation Services Reviewed By: Redmond Jones; Deputy City Manager Fiscal Impact: N/A Recommendations: Staff: Approval Commission: Attachments: Resolution Iowa City Transit Title VI and Limited English Proficiency Plan Executive Summary: Every three years the Federal Transit Administration (FTA) requires adoption and renewal of a transit -specific Title VI Program and Limited English Proficiency Plan for Transit operations receiving federal funding. The previous plan was adopted in 2019. The plan ensures FTA assisted benefits and related services are made available to all, are equitably distributed, and that the level and quality of services are sufficient to provide equal access and mobility for any persons without regard to race, color, or national origin. Background /Analysis: The purpose of the plan is to ensure that transit services operated in the City of Iowa City are in compliance with the FTA Circular 4702.1B and Title VI of the Civil Rights Act of 1964, which states: "No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity that receives Federal financial assistance." With specific regard to transit services, this document ensures that: 1. FTA assisted benefits and related services are made available and are equitably distributed without regard to race, color, or national origin; 2. That the level and quality of FTA assisted transit services are sufficient to provide equal access and mobility for any person without regard to race, color, or national origin; 3. That opportunities to participate in the transit planning and decision-making processes are provided to persons without regard to race, color, or national origin; 4. That decisions on the location of transit services and facilities are made without regard to race, color, or national origin; and 5. That corrective and remedial action will be taken if necessary to prevent discriminatory treatment based on race, color, or national origin. We received no Title VI complaints during the 2019 - 2022 reporting period. Iowa City Transit employees indicate that encounters with customers who were unable to communicate in English were rare, with only a few instances where translation services were called upon. In those instances, staff relied on Transportation Services staff to help bridge the communication gap. Amongst Transportation Services staff, four drivers and one maintenance team member speak Spanish, four drivers speak fluent French, two drivers speak fluent Swahili, one driver speaks fluent Hindi, Urdu, and Punjabi, one driver speaks fluent Kifuliru, Cimbema, and Lingala in addition to French and Swahili. Based on recent census data and review of University of Iowa international student enrollment, it was determined that Spanish and Chinese are the languages of highest priority for translation services. As such, the plan indicates that staff will continue focus on improving access to critical documents and resources in these languages. In 2021, bus schedules were developed in Spanish, French, English, Arabic, and Chinese. Staff has promoted the City's web -based translation tool (using Google Translator) embedded in the Iowa City Transit website that allows quick access to general transit information in nearly one hundred different languages improving our ability to serve a broader audience. ATTACHMENTS: Description Resolution Title VI & LEP Plan Prepared by: Darian Nagle-Gamm, Director of Transportation, 1200 S. Riverside Drive., Iowa City, IA 52245 (319) 356-5156 Resolution No. 77-1 7q Resolution Approving the Iowa City Transit Title VI and Limited English Proficiency Plan Whereas, Title VI of the Civil Rights Act of 1964 prohibits discrimination based on race, color, or national origin by agencies such as Iowa City Transit in any programs and activities that receive federal funds; and Whereas, the Federal Transit Administration (FTA) requires adoption, and renewal every three years of a transit -specific Title VI Program and Limited English Proficiency Plan for Transit operations receiving federal funding; and Whereas, the City should rescind the Title VI Program Plan for Iowa City Transit adopted in 2019, and adopt the attached, revised plan to ensure compliance with Title VI and similar federal laws prohibiting discrimination in the use of federal funds. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: 1. The attached Title VI and Limited English Proficiency Program Plan for Iowa City Transit is approved. Passed and approved this 17th day of May , 2022. M R ATTEST: It was moved by Tayl or adopted, and upon roll call there were: AYES: x x x Approved by City Attorney's ffice (Jennifer Schwickerath — 05/10/22) and seconded by Thomas NAYS: ABSENT: Alter Bergus Harmsen Taylor Teague Thomas Weiner the Resolution be I i 4:--irov-iik,mt, ....„7....1...r....g.....Li lr -Nruii6....____ CITY of I0wA CITY Draft IOWA CITY TRANSIT TITLE VI/LEP PLAN June 2022 — May 2025 City of Iowa City 410 E Washington Street Iowa City, IA 52240 2 Table of Contents Introduction 3 Title VI Assurances 3 Prepare and Submit a Title VI Program 3 Notification of Beneficiaries of Protection Under Title VI 5 Title VI Complaint Procedures and Complaint Form 6 Title VI Authorities 6 Coordinator Responsibilities 6 General Responsibilities 6 Filing a Complaint 7 Internal Complaint Process 7 Transit Related Title VI Investigations, Complaints, and Lawsuits 8 Promoting Inclusive Public Participation 8 Provide Meaningful Access to LEP Persons 10 A. Four Factor Analysis 11 Factor 1 11 Factor 2 16 Factor 3 17 Factor 4 18 B. Developing a Language Assistance Plan 19 Results of Four Factor Analysis 19 Language Assistance Services by Language 19 Notice to LEP Persons 20 Monitor, Evaluate Update Language Access Plan 20 Employee Training 21 Safe Harbor Provision 21 Minority Representation on Planning and Advisory Bodies 21 Assistance to Sub -recipients 22 Monitoring Sub -recipients 22 Determination of Site or Location of Facilities 22 ATTACHMENTS • Attachment A: Certifications and Assurances • Attachment B: Iowa City City Council Resolution Approving Title VI • Attachment C: Iowa City Transit Title VI Complaint Form • Attachment D: Title VI Contract Language for Transit Projects • Attachment E: Notice of Title VI Provisions • Attachment F: Title VI Notification • Attachment G: Service Standards and Policies 3 INTRODUCTION The purpose of this document is to ensure that transit services operated in the City of Iowa City are in compliance with the FTA Circular 4702.1 B and Title VI of the Civil Rights Act of 1964, which states: "No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity that receives Federal financial assistance." With specific regard to transit services, this document ensures that: 1. FTA assisted benefits and related services are made available and are equitably distributed without regard to race, color, or national origin; 2. That the level and quality of FTA assisted transit services are sufficient to provide equal access and mobility for any person without regard to race, color, or national origin; 3. That opportunities to participate in the transit planning and decision-making processes are provided to persons without regard to race, color, or national origin; 4. That decisions on the location of transit services and facilities are made without regard to race, color, or national origin; and That corrective and remedial action will be taken if necessary to prevent discriminatory treatment based on race, color, or national origin. TITLE VI ASSURANCES In accordance with 49 CFR Section 21.7(a), every application for financial assistance from FTA must be accompanied by an assurance that the applicant will carry out the program in compliance with DOT's Title VI regulations. The FY2018 Certifications and Assurances for Iowa City Transit were pinned into TrAMS on March 19, 2018. (Attachment A) PREPARE AND SUBMIT A TITLE VI PROGRAM In accordance with 49 CFR Section 21.9(b), all direct and primary recipients document their compliance with DOT's Title VI regulations by submitting a Title VI Program to their FTA regional civil rights officer once every three years or as otherwise directed by FTA. Iowa City Transit's current Title VI Program expires on May 31, 2022 and will submit an updated Title VI every three years after this date. The Iowa City City Council, Iowa City Transit's governing body, approved Iowa City Transit's Title VI Program on May 17th, 2022. Iowa City Transit operates a fixed route service with 30 buses at peak time (10 of those buses are paratransit buses operated by Johnson County SEATS) and serves a population of 74,950. This document contains all the elements required of a fixed route transit provider operating in an urbanized area of less than 200,000 in population and operating less than fifty vehicles in peak service. Since Iowa City Transit does not qualify as a large urbanized area (UZA) all general requirements under Chapter III are included as well as system- wide standards and policies under Chapter IV. Johnson County SEATS provides contracted paratransit services to Iowa City Transit. Since Iowa City Transit uses their 5310 funding in the paratransit services contract, Johnson County SEATS is considered a sub recipient. Johnson County SEATS, with assistance from the East Central Iowa Council of Governments (Regional Planning Office), has produced and adopted a Title VI Program. Iowa City Transit will require Johnson County SEATS to submit its Title VI Program at 4 least six months prior to Iowa City Transit's Title VI expiration date, every three years. The new 5 -year paratransit service contract between Iowa City Transit and Johnson County SEATS took effect on July 1, 2018. Currently, Johnson County SEATS has no outstanding lawsuits or complaints. Johnson County SEATS does have an advisory committee that includes a representative from Iowa City Transit and the Iowa City City Council. The committee meets on a quarterly basis. 5 NOTIFICATION OF BENIFICIARIES OF PROTECTION UNDER TITLE VI IOWA CITY TRANSIT TITLE VI POLICY STATEMENT The City of Iowa City assures that no person shall, on the grounds of race, color, or national origin, as provided by Title VI of the Civil Rights Act of 1964, and the Civil Rights Restoration Act of 1987 (P.L. 100.259), be excluded from or participation in, be denied benefits of, or be otherwise subjected to discrimination under any program or activity. The City of Iowa City further assures every effort will be made to ensure nondiscrimination in all of its committees, programs, and activities, regardless of the funding source. Iowa City Transit will include Title VI language in all written agreements and bid notices and will monitor compliance. The Iowa City Transportation Services Director will be responsible for initiating and monitoring Title VI activities, and all other responsibilities as required. The Iowa City Civil Rights Coordinator will be responsible for investigating complaints only. Dada r Nagl - amm Director of Transportation Services 6 ID 2022 - Date 5- /64c2,-7- Stefanie - c22 Stefanie Bowers, Equity Director / Human Rights Coordinator Date 6 TITLE VI COMPLAINT PROCEDURES AND COMPLAINT FORM TITLE VI AUTHORITIES Title VI of 1964 Civil Rights Act provides that no person in the United States shall, on the grounds of race, color, nations origin, or sex be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination under any program or activity receiving federal assistance (23 CFR 200.9 and 49 CFR 21). The Civil Rights Restoration Act of 1987 broadened the scope of Title VI coverage by expanding the definition of terms "programs or activities" to include all programs and activities of Federal Aid recipients, sub -recipients, and contractors, whether such programs and activities are federally assisted or not (Public Law 100-259 {S.557} March 22, 1988). COORDINATOR RESPONSIBILITES The Iowa City Transportation Services Director is responsible for ensuring the implementation and the day to day administration of the Iowa City Transit Title VI Plan. The Civil Rights Coordinator will be responsible for investigating complaints only. The Iowa City Transportation Services Director will be responsible for implementing, monitoring, and ensuring the City's compliance with the Title VI regulations. GENERAL RESPONSIBILITIES A. Public Dissemination The City of Iowa City will disseminate Title VI Program information to Iowa City Transit employees, sub -recipients, and contractors, as well as the general public. Public dissemination will include posting of public statements, inclusion of Title VI language in contracts, and announcements of hearings, and meetings in minority newspapers when determined necessary and funding is available. B. Prevention of Discrimination Procedures will be implemented to detect and eliminate discrimination when found to exist, including, but not limited to, issues of accessibility of training to all qualified City employees, utilization of Minority/Women/Disadvantaged Business Enterprises (DBE) contractors, public improvement, and material acquisition. All complaints are confidential and may be made available to those assisting in an investigation. C. Reporting The Iowa City Transportation Services Director will be responsible for any reporting required by Iowa DOT and/or FTA. D. Remedial Action The City of Iowa City will actively pursue the prevention of any Title VI deficiencies or violations and will take the necessary steps to ensure compliance through a program review with the program administrative requirements. If irregularities occur in the administration of the programs operation, procedures will be promptly implemented to resolve Title VI issues and reduce to writing remedial action agreed to be necessary, all within a period not to exceed 90 days. Iowa DOT will be notified of any complaint filed at the City of Iowa City involving Title VI issues, as to any resolution. 7 FILING A COMPLAINT Eligibility If any individual, group of individuals, or entity believes that they or any other program beneficiaries have been subjected to discrimination prohibited by Title VI nondiscrimination provision as a recipient of benefits and/or services, or on the grounds of race, color, national origin, or sex, they may exercise the right to file a complaint with the City of Iowa City. Every effort will be made to resolve complaints informally at the agency, recipient, and/or contactor level. Time Limitation on Filing Complaints Title VI complaints may be filed with: • City of Iowa City/Iowa City Transit • Iowa Department of Transportation • Federal Transit Administration • U.S. Department of Transportation In all situations, Iowa City Transit employees must contact the Iowa City Transportation Services Director and/or the Iowa City Civil Rights Coordinator immediately upon receipt of Title VI or related statutes complaints. Complaints must be filed not later than 180 days after: • The date of the alleged act of discrimination; or • The date the person became aware of the alleged discrimination; or • Where there has been a continuing course of discriminatory conduct. Complaints must be in writing, and must be signed by the complainant and/or the complainant's representative. The complainant must set forth as fully as possible the facts and circumstances surrounding the claimed discrimination. A Title VI complaint form is available at the Iowa City City Clerk's office, the Iowa City Transportation Services office, or the Iowa City Civil Rights Coordinator's office during normal business hours. INTERNAL COMPLAINT PROCESSING 1. The Iowa City Civil Rights Coordinator acting as Title VI Coordinator, along with the City Manager, will review the complaint upon receipt to ensure that all information is provided, the complaint meets the 180 -day filing deadline, and falls within the jurisdiction of the City. 2. The Iowa City Civil Rights Coordinator will then investigate the complaint. Additionally, a copy of the complaint will be forwarded to the City Attorney. 3. If the complaint warrants a full investigation, the complainant will be notified in writing by certified mail. This notice will name the investigator and or investigating agency. The City will also notify the Iowa Department of Transportation Office of Employee Services/Civil Rights. 4. The party alleged to have acted in a discriminatory manner will also be notified by certified mail as to the complaint. This letter will also include the investigators name and will request that this party be available for an interview. 8 5. Any comments or recommendations from legal counsel will be reviewed by the Title VI Coordinator. 6. Once the City of Iowa City is notified of Iowa Department of Transportation Office of Employee Services/Civil Rights investigative report findings, the City will adopt a final resolution. 7. All parties will be properly notified of the outcome of the Iowa Department of Transportation Office of Employee Services/Civil Rights report. 8. If the complainant is not satisfied with the results of the investigation of the alleged discriminatory practice(s), s/he shall be advised of their right to appeal Iowa DOT's Office of Employee Services/Civil Rights decision. Appeals must be filed within 180 days after the City of Iowa City's final resolution. Unless new facts not previously considered came to light, reconsideration of the City's determination will not be available. The foregoing complaint resolution procedure will be implemented in accordance with the Department of Justice guidance manual entitled "Investigation Procedures Manual for the Investigation and Resolution of Complaints Alleging Violations of Title VI and Other Nondiscrimination Statutes," available online at www.usdoj.gov/crt/cor/Pubs/manuals/complain.html. TRANSIT RELATED TITLE VI INVESTIGATIONS, COMPLAINTS, AND LAWSUITS There are no active lawsuits or complaints alleging discrimination on the basis of race, color, or national origin with respect to transit service provided by Iowa City Transit. Iowa City Transit has not been asked to take part in any local, state, or federal civil rights compliance reviews in the past three years. Iowa City Transit has not undertaken any federally funded construction projects in the past three years. PROMOTING INCLUSIVE PUBLIC PARTICIPATION Public participation procedures are established to allow and encourage participation in Iowa City Transit's service area and include low income and minority individuals and those with limited English proficiency. Iowa City Transit's Public Participation Plan has been prepared to ensure that no one is precluded from participating in Iowa City Transit's service planning and development process. Iowa City Transit's Public Participation Plan includes a description of when the public participation plan is used, regional partnerships/capital programming, meeting locations, addressing comments, and the identification of stakeholders. When the Public Participation Plan is Used Iowa City Transit will use its Public Participation Plan when considering fare changes, modifications to routes and schedules, and other transit planning projects. Including: • Any fare increases for the cost of a general public fare, and subsequent adjustments to youth and reduced fares • A new route is established • Elimination of an existing route • A major service reduction involving 25% or more of the route miles of the system 9 Iowa City Transit will post service change notices on appropriate buses thirty days in advance of the change date for minor schedule and service changes. Regional Partnerships/Capital Programming For its capital programming, including major facility and bus procurement, Iowa City Transit uses the Metropolitan Planning Organization of Johnson County's (MPOJC) adopted Public Participation Plan. The plan targets interest groups representing unique users of the transportation system as well as groups involved in the growth and development of the metropolitan area. The MPOJC Public Participation Plan was adopted in September of 2017. This plan clearly indicates that the MPO's public participation process satisfies Iowa City Transit's public participation requirements for its Program of Projects and the notices for the regional Transportation Improvement Program (TIP). • Iowa City Transit also participates in the Passenger Transportation Plan (PTP) process with other transportation services, both public and private, in the Iowa City Urbanized Area. The PTP is a short-range plan that analyzes all aspects of transit operations and is required by the Iowa Department of Transportation. The PTP Update is required every 5 years with and is reviewed annually by the MPOJC Urbanized Area Policy Board. Public participation regarding the PTP has been ongoing since 2007 with focus groups and interviews with transportation stakeholders, surveys, review of local plans, participation in regional transportation planning sessions, and the gathering of background information. Iowa City Transit is represented on the MPOJC's PTP steering committee which is made up of local human services organizations and public transit providers. • Iowa City Transit participated in the MPOJC's Long -Range Transportation Plan open houses in Coralville, North Liberty, and Iowa City to gather public input regarding transit issues and participated in two surveys regarding transit service. The surveys were used in the MPOJC's 2045 Long -Range Transportation Plan. • Iowa City Transit is a member of the Johnson County SEATS Paratransit Advisory Committee. The Committee membership includes public transit providers and riders of the paratransit system operated by Johnson County SEATS. The Committee meets on a quarterly basis to discuss paratransit needs. • Quarterly transit manager meetings (or as needed), including Iowa City Transit, Coralville Transit, University of Iowa Cambus, and Johnson County SEATS. • Iowa City Transit, as well as the MPOJC Transportation Planning division, are members of the Johnson County Livable Communities Committee which meets quarterly. This group includes many local human services groups, public transit managers, public officials and residents of Johnson County. • Iowa City Transit is a voting member of the MPOJC Transportation Technical Advisory Committee (TTAC). The TTAC comments and makes recommendations to MPOJC's Urbanized Area Policy Board. • Iowa City Transit will also hold public hearings as needed regarding any change to the transit routes or fares. 10 Meeting locations When determining locations and schedules for public meetings, Iowa City Transit will: • Schedule meetings at times and locations that are convenient and accessible for minority and LEP communities • Coordinate with community organizations and the MPO to implement public engagement strategies that reach out to members of affected minority and/or LEP communities • Consider media outlets that serve LEP populations • Provide opportunities for public participation through written communications, group discussions, and one-on-one interviews. • Provide rides home from public participation meetings when transit is not in service or is infrequent Addressing Comments All comments received through the public participation plan are given careful, thoughtful consideration. Because there are a number of different ways riders or members of the community can comment on proposed service or fare changes, all comments will be assembled into a single document for presentation to the Iowa City City Council. Identification of Stakeholders Stakeholders are those who are either directly or indirectly affected by a plan, or the recommendations of that plan. Those who may be adversely affected or may be denied benefits of a plan's recommendations, are of particular interest in the identification of specific stakeholders. While stakeholders may vary based on the plan or program being considered, Iowa City Transit will assemble a listing of stakeholders with whom we may regularly communicate by email or direct mail. Iowa City Transit has assembled a list of stakeholders; including: Johnson County Livable Communities Community Transportation Committee Center for Worker Justice International Center/University of Iowa Neighborhood Centers of Johnson County PROVIDE MEANINGFUL ACCESS TO LEP PERSONS Iowa City Transit, with assistance from the MPOJC, has conducted the following analysis to meet requirements under Title VI of the Civil Rights Act of 1964. This Act seeks to improve access to services for persons with Limited English Proficiency (LEP). The following uses the Four Factor Analysis identified in the LEP Guidance. A. Four Factor Analysis Factor 1: Assessing the number and proportion of LEP persons served or encountered in the eligible service population Task 1, Step 1; Examine prior experiences with LEP individuals Iowa City Transit serves a diverse community. The University of Iowa brings people from all over the world to the Iowa City urbanized area which includes not only Iowa City but the communities of University Heights, Coralville, North Liberty, and Tiffin. Iowa City Transit has a service contract with the City of University Heights and operates in and around the University of Iowa campus. Most non-English residents residing in Iowa City are affiliated with the University of Iowa, either 11 as an international student or visiting scholar. The University has, on average, an international student population of 4,000-5,000 persons on an annual basis as well as approximately 400 visiting scholars. Task 1, Step 2; Become familiar with data from the U.S. Census The Iowa City Urbanized Area includes the municipalities of Coralville, Iowa City, North Liberty, Tiffin, and University Heights. According to the U.S. Census Bureau, the population for the urbanized area was 74,513 in 1990, 84,672 in 2000, 91,881 in 2005, 103,152 in 2010, and 118,506 in 2017. These numbers represent an average annual population growth of about 1.9%. Iowa City's current demographics: Iowa City Statistics and Demographics Number Percent Iowa City Population 74,950 100.0 SEX AND AGE Male 37,248 49.7 Female 37,702 50.3 Under 5 years 3,229 4.3 5 to 9 years 3,283 4.4 10 to 14 years 3,154 4.2 15 to 19 years 8,799 11.7 20 to 24 years 16,859 22.5 25 to 34 years 11,694 15.6 35 to 44 years 7,596 10.1 45 to 54 years 6,414 8.6 55 to 59 years 3,077 4.1 60 to 64 years 3,044 4.1 65 to 74 years 4,553 6.1 75 to 84 years 1,905 2.5 85 years and over 1,383 1.8 Median age (years) 26.5 (X) 18 years and over 63,562 84.8 21 years and over 52,084 69.5 62 years and over 9,912 13.2 65 years and over 7,841 10.5 18 years and over 63,562 84.8 Male 31,492 42.0 Female 32,070 65 years and over 7,841 42.8 Male 3,585 4.8 12 Female 4,256 5.7 RACE One Race 72,893 97.3 White 58,850 78.5 Black or African American 6,203 8.3 American Indian and Alaska Native 184 0.2 Asian 5,501 7.3 Asian Indian 978 1.3 Chinese 2,277 3.0 Filipino 79 0.1 Japanese 62 0.1 Korean 965 1.3 Vietnamese 431 0.6 Other Asian 709 0.9 Native Hawaiian and Other Pacific Islander 83 0.1 Native Hawaiian 8 0.0 Guamanian or Chamorro 51 0.1 Samoan 0 0.0 Other Pacific Islander 24 0.0 Some Other Race 2,072 2.8 Two or More Races 2,057 2.7 HISPANIC OR LATINO Hispanic or Latino (of any race) 4,356 5.8 Mexican 2,268 3.0 Puerto Rican 396 0.5 Cuban 179 0.2 Other Hispanic or Latino 1,513 2.0 Not Hispanic or Latino 70,594 94.2 White alone 56,404 75.3 Source: U.S. Census Bureau, 2019 American Community Survey 5 -year Estimates There were 3,163 international students according to the University of Iowa's Fall 2019 enrollment statistics, which represents 9.7% of the University of Iowa student enrollment. The largest national representations of international students and scholars at the University of Iowa are from Asia, as shown below: 13 UI International Students and Scholars: 5 Largest National Representatives National Representation Student Population Scholar Population China (PRC) 1,654 483 India 345 300 South Korea 226 135 Iran 57 53 Malaysia 47 10 Source: The University of Iowa, Fall 2019 Profile of International Students and Scholars Task 1, Step 2A; Identify the geographic boundaries of the area that your agency serves The Iowa City Transit service area is defined by the city limits of Iowa City and University Heights, and the University of Iowa campus. (Transit Service Area Map of Iowa City Urbanized Area) NORI H IBE TY TI Metro Area Transit Routes CAMBUS Coralville Transit Iowa City Transit I Miles 2 4 Task 1, Step 2B; Obtain Census data on LEP population in your service area In determining the number or proportion of LEP persons in Johnson County, including the City of Iowa City, 2015-2019 U.S. Census American Community Survey (ACS) data was evaluated. According to ACS data, 21,501 persons in Johnson County (15.4% of the population) spoke a 14 language other than English at home. Of the 21,501 persons residing in Johnson County who spoke a language other than English at home, 9,146 (6.5% of the population) reported speaking English less than "very well", or in other words, would be considered to have limited English proficiency. The table below shows the language subgroups as follows: Persons in Johnson County Who Reported Speaking English Less Than "Very Well" Language Spoken Number of Persons Percent of Total Population Spanish 2,248 1.6% Other Indo-European language 2,039 1.5% Asian & Pacific Island language 2,816 2.0% Other languages 2,043 1.5% Source: 2015-2019 American Community Survey, 2019 ACS 5 Year Estimates Task 1, Step 2C; Analyze the data collected According to the University of Iowa's Fall 2019 Profile of International Students and Scholars, China, India, South Korea, and Iran remain the top represented countries in the international student population. Malaysia (47 students) rounds out the top five, replacing Taiwan (79 students) as the 5th largest international student enrollment representation. While the same data is not available for the international scholar population, it can be assumed that past national representation trends found among the student population can be applied to the international scholar population, as three of the top five represented countries are the same for both international students and scholars in 2019. The University of Iowa's Intensive English Program (IIEP) reported 107 international students enrolled in intensive English language classes in 2018, as all other visiting students speak and understand, at minimum, some English. Visiting scholars have no English-speaking requirements and often speak little -to -no English. The scholars attend the University to conduct research with an affiliated University member who speaks the scholar's native language. There is an additional international population of approximately 500 dependents and spouses that accompany international students and scholars. Iowa City Transit assessed the frequency with which staff and drivers have, or could have, contact with LEP persons. This includes documenting phone inquiries and surveying vehicle operators. To date, the transit agencies have had very little to no contact with LEP persons. Task 1, Step 2D; Identify any concentrations of persons within service area No large concentrations of LEP persons exist in the Iowa City urbanized area. Task 1, Step 3; Consult state and local sources of data The Iowa City Community School District (ICCSD), in which the City of Iowa City is included, and the Iowa Department of Education compile information regarding the number of students receiving English Language Learning (ELL) services. The ICCSD ELL services are largely attributed to an influx of Spanish, Bosnian, and Vietnamese speakers, similar to many of Iowa's schools. For the 15 2021-2022 school year, there are 14,359 students (Iowa Department of Education 2021 — 2022 Certified Enrollment) in the ICCSD. Of those, 12.2% - 1,750 students (ICCSD ELL) — receive ELL services. Task 1, Step 4; Community organizations that serve LEP persons Iowa City Transit and MPOJC have current associations with local social service organizations, the Iowa City Community School District, Kirkwood Community College, and the University of Iowa and their OISS center. All these organizations provide service for persons speaking limited English. Task 1, Step 4A; Identify community organizations LEP persons are served mainly by the University of Iowa's OISS center Kirkwood Community College and local social service organizations that support immigrant and refugee populations. Task 1, Step 4B; Contact relevant community organizations Iowa City Transit in collaboration with MPOJC has developed a working relationship with the University of Iowa's OISS center for language assistance services. OISS has agreed to assist the local transit agencies in Johnson County by distributing transit program information to international students and scholars. Task 1, Step 4C; Obtain information Working through the MPO, Iowa City Transit will continue to reach out to LEP persons and organizations in order to gather relevant information and provide transit information. Factor 2: Frequency with which LEP individuals come into contact with transit programs, activities, and services. Task 2, Step 1; Review the relevant programs, activities, and services you provide Iowa City Transit provides service on 13 regular routes from 6:00 a.m. — 10:15 p.m. All routes operate daily with 15 -minute service on the Downtown Shuttle and Oakcrest routes, 20 -minutes service on the Lower Muscatine/Kirkwood route and 30 -minute service on the remaining routes during peak periods. Midday service is 30 -minutes on all routes except on the Peninsula, Highway 1, Rochester. North Dodge and South Gilbert routes where service is hourly mid-day during the University academic year. The Eastside Loop operates when Iowa City schools are in session. Evening service is from 6:30 p.m. — 10:15 p.m. and routes are on an hourly schedule except Oakcrest which remains on 30 -minute service. Saturday service operates hourly all day with service ending at 7:40 p.m. There is no fixed route service on Sundays. During peak periods Iowa City Transit operates 19 buses. Fifteen buses operate weekdays off-peak. During evening hours and on Saturdays, eight buses are in service. The Downtown Iowa City Transit Interchange is the hub of Iowa City Transit's operations. All regular routes arrive and depart at the interchange except for the Eastside Loop, allowing for coordinated transfers between buses. There is one free -fare route, the Downtown Transit Shuttle The existing fare structure is a $1.00 base fare, $32 unlimited ride 31 -day pass, and $8.50 for a ten -ride ticket strip. There is a 50¢ youth fare for K-12 aged children. Children under five may ride free accompanied by an adult. There is also a K-12 31 -day pass available for $16 and a student semester pass for $100 for persons attending the University of Iowa or Kirkwood Community College. There is a monthly pass for University of Iowa faculty/staff for $27 per month. Elderly persons may ride during all day and Saturday for free. Eligible persons with disabilities and low- 16 income elderly persons may ride free at all times. All Iowa City Transit fare media is accepted by Coralville transit and all Coralville Transit fare media is accepted by Iowa City Transit. Free transfers are available and may be used on Coralville Transit. All Iowa City Transit fixed route buses are lift/ramp-equipped. Demand responsive paratransit service is provided during fixed -route service hours operated by Johnson County SEATS. There are many places where Iowa City transit riders and members of the LEP population can come into contact with Iowa City Transit services. An important part of the development of Iowa City Transit's language assistance program is the assessment of major points of contact, including: • The use of bus service • Communication with customer service staff • Bus pass sales • Printed outreach materials • Web -based outreach materials • Public meetings • Transit app • Local news media • Audio announcements To better understand the frequency with which LEP riders come into contact with Iowa City Transit services, Iowa City Transit conducted an internal survey of fixed route bus driver and department staff. Amongst Transportation Services staff, four drivers and one maintenance team member speak Spanish, four drivers speak fluent French, two drivers speak fluent Swahili, one driver speaks fluent Hindi, Urdu, and Punjabi, one driver speaks fluent Kifuliru, Cimbema, and Lingala in addition to French and Swahili. Iowa City Transit employees indicate that encounters with customers who were unable to communicate in English are very rare. Table 1: Transportation Services Languages Spoken Language Driver Spanish 4 French 4 Swahili 2 Punjabi 1 Hindi 1 Urdu 1 Bamana 1 Italian 1 Lingala 1 Japanese 1 Ewe 1 Cibema 1 Kifuliru 1 Support Staff 1 1 17 Task 2, Step 2; Review information obtained from community organizations Through public input and planning sessions, Iowa City Transit has discovered that most community organizations want more transit or transportation service related to jobs, education, day care, and health care and have identified very few LEP issues. Task 2, Step 3; Consult directly with LEP persons LEP persons were consulted through the local planning process. Factor 3: Assess the nature and importance of the program, activity, or service provided by the program Task 3, Step 1; Identify your agencies most critical services Using public transportation is important to LEP persons as indicated from discussions with local groups and the University of Iowa. Iowa City Transit's most critical services include: • Fixed route services • Paratransit services • Coordination with other public transit agencies in the urbanized area If limited English is a barrier to using these services then the consequences for the individual are serious, including limited access to obtain health care, education, or employment. Critical information from Iowa City Transit which can affect access includes: • Route and schedule information • Fare and payment information • System rules • Information about how to ride • Public service announcements • Safety and security • Complaint forms • Communication related to transit planning • Information regarding paratransit services An example of Iowa City Transit's interior bus signage is included in Attachment F. Task 3, Step 2; Review input from community organizations and LEP persons Iowa City Transit has received very little input from the community regarding problems with language barriers. Factor 4: Assessing the resources available to the recipient and costs Task 4, Step1. Inventory language assistance measures currently being provided, along with associated costs Iowa City Transit provides the following language assistance measures to date: • Multilingual 24-hour telephone service • Language Line available on website • Identified employees that speak a language other than English • Transit information on website can be translated into 95 different languages using built-in Google Translator tool 18 • Transit app available in English, French, Spanish, Italian, German, Portuguese and Dutch Cost for these measures is under $500 annually. Task 4, Step 2; Determine what, if any additional services are needed to provide meaningful access Iowa City Transit will focus on the following service improvements: • Complete redesign of Iowa City Transit website in 2022. Website will be translatable in 95+ languages using Google Translate • Translation of critical printed information including bus schedules, Paratransit application, Riders Guide, and Reasonable Modification Request form • Translate Iowa City Transit service map into Chinese, French, Arabic, and Spanish. Task 4, Step 3; Analyze your budget Like most public agencies, Iowa City Transit's budget is constrained by several factors and staff resources are also limited. Devoting more resources to printing, webpage design, signage, and additional administrative costs are included in future transit budgets. Task 4, Step 4; Consider cost effective practices for providing language services Iowa City Transit will continue to work with the community and the university to provide cost effective practices including researching and pursuing language assistance products and translation services developed and paid by local, regional, and state government agencies. B. Developing a Language Assistance Plan a. Results of Four Factor Analysis: The City of Iowa City is part of the Iowa City Urbanized Area that includes a large university with over 31,000 students (2019). Because of the University, many international students and faculty live in the Iowa City urbanized area creating the potential for language issues. As identified in the four -factor analysis, both the Hispanic/Latino and the Asian/Pacific Island populations were identified as needing language assistance since their populations were each over 5% of the total population in Iowa City. Because of the diversity of the Asian/Pacific Island population, Iowa City Transit approached the University of Iowa's Office of International Students and Scholars to assist in identifying the top Asian/Pacific Island languages within the University system that may require language assistance. Chinese was identified as the top Asian/Pacific Island language. As a result, Iowa City Transit will continue to translate critical documents in Chinese and Spanish and make them available in hardcopy or Iowa City Transit's website. Bus schedules were also developed in Spanish, French, English, Arabic, and Chinese in 2021. b. Language Assistance Services by Language: The following measures have or will be implemented to ensure LEP persons have adequate access to transit information: 19 • Iowa City Transit has identified any employees who speak a language other than English. For those employees who are able and willing to provide translation services, their services will be called upon as needed during fixed route service hours to interpret and assist LEP individuals. • The City of Iowa City has a multilingual 24-hour telephone service, the Language Line. The Language Line is a three-way call translation service that can translate numerous languages. Language Line Services provides a sheet which lists the languages available for translation assistance. The language sheet can be used by transit agency staff to determine the language spoken by an LEP individual. • Iowa City Transit has embedded a Google Translate tool on each page of the current website, and in 2022 the website will be completely reimagined. We will ensure the new website allows for quick and easy translation of general transit information into approximately 95 different languages using Google Translate. • Translation of critical printed information including Paratransit application, Title VI Notice, Title VI Complaint Process and Form, Riders Guide, and Reasonable Modification Request form into Spanish and Chinese. c. Notice to LEP Persons: Iowa City Transit will provide general public transit information, trip planning instructions using the Transit app and Google transit, and translated route and schedule information via the Iowa City Transit website. Handouts will be made available that contain information on language assistance services as well as a summary of important transit information and instructions for downloading the information from the website in another language. The City of Iowa City also utilizes the Language Line Services for translation of languages that are not English. Language Line Services are free to the user and interprets from English into more than 170 languages and are accessible 24 hours a day, 7 days a week. Those seeking language assistance can visit the transit office and work with a customer service representative using language identification cards to inform us as to which language they speak. The individual needing language assistance can point at a language on the identification card which includes a message stating, "Point to your language". An interpreter will be called. The interpreter is provided at no cost to you. d. Monitor, Evaluate and Update Language Access Plan: All language assistance programs and procedures will be evaluated on an annual basis. The following will be monitored and reviewed annually: • The number of documented LEP persons encountered • How the needs of the LEP persons were addressed • Determine whether local language assistance programs have been effective 20 • Determine if any changes in the level of assistance available on our website or through our Each encounter with an LEP person will be recorded by the bus driver/office is reported directly to the Transportation Services Director. The Title VI/LEP Plan includes a link to the Title VI/LEP Plan on the Iowa City Transit website at: https://www.iowa- city.org/WebLink/ElectronicFile.aspx?dbid=0&docid=1971916& Any person or agency with internet access will be able to access and download the plan from the above -referenced website. Alternatively, any person or agency may request a copy of the plan via telephone, fax, mail, or in person, and shall be provided a copy of the plan at no cost. LEP individuals may request copies of the plan in translation which will provided if feasible. e. Employee Training: Current and incoming employees will be trained on the policies and procedures of the language assistance program. Staff would have the necessary information provided to them to assist LEP individuals. The following information will be available to assure staff can adequately assist LEP persons: • Information on Title VI Policy and LEP responsibilities • Description of language assistance services offered to the public • Contact information of chosen bilingual staff who have agreed to assist in translation services • Documentation of language assistance requests • Use of the Language Line Services • How to handle a potential Title VI/LEP complaint C. Safe Harbor Provision As identified in the four -factor analysis, Coralville Transit identified Spanish speakers (2,246 in population) and Asian (Pacific Island) speakers (2,816 in population) as requiring language/written materials assistance. The Asian language speakers were also identified in the analysis of the University population. Information regarding translation services for these populations is included on the Iowa City Transit. 21 DIVERSITY ON PLANNING AND ADVISORY BODIES Iowa City Transit is part of the City of Iowa City which has an elected City Council to oversee Iowa City Transit activities. Mayor Bruce Teague, who chairs the City Council is Black while the remaining Councilors are Caucasian (4 women, 2 men). Johnson County SEATS, a paratransit subrecipient to Iowa City Transit, has a 7 -member advisory committee including Iowa City representatives. This committee meets quarterly. ASSISTANCE TO SUBRECIPIENTS Johnson County SEATS, a paratransit subrecipient to Iowa City Transit, by contract requires SEATS to comply with their Title VI Program and to report any Title VI complaints. As primary recipient, Iowa City Transit will provide the following information to Johnson County SEATS: • Sample notices to the public informing beneficiaries of their rights under DOT's Title VI regulations, procedures on how to file a complaint, and the recipient's Title VI complaint form. • Sample procedures for tracking and investigating Title VI complaints filed with a subrecipient, and when the primary recipient expects the subrecipient to notify the primary recipient of complaints received by the subrecipient. • Demographic information on the race and English proficiency of residents served by the subrecipient. This information will assist the subrecipient in assessing the level of service it provides to the community and in assessing the need for language assistance. • Other information will be provided at quarterly meetings with the transit systems in the Iowa City urbanized area. MONITORING SUBRECIPIENTS In order for Iowa City Transit to ensure compliance with Title VI requirements by a subrecipient, Iowa City Transit shall undertake the following activities: • Document its process for ensuring that all subrecipients are complying with the general reporting requirements, as well as other requirements that apply to the subrecipient. • Collect Title VI Programs from subrecipients and review programs for compliance. • At the request of FTA, in response to a complaint of discrimination, or as otherwise deemed necessary by the primary recipient, the primary recipient shall request that subrecipients who provide transportation services verify that their level and quality of service is provided on an equitable basis. • Iowa City Transit will meet annually with Johnson County SEATS to ensure compliance. DETERMINATION OF SITE OR LOCATION OF FACILITIES The future Iowa City Transit Maintenance/Bus Storage Facility is in the early planning stages. This facility will be built on property currently owned by the City of Iowa City. Attachment A: 2022 Certifications and Assurances Certifications and Assurance Fiscal Year 2022 FEDERAL FISCAL YEAR 21122 CERTIFICATIONS AND ASSURANCES FOR rrA ASSISTANCE PROGRAMS (Signature pages alternate to providing Certifications and Assurances in TrAMS.) Name of Applicant; Iowa C=ity Transit Applicant certifies to she applicable provisions of all categories: (check here) Or, 1 he Applicant certifies lo the applicable provisions of the categories it has. selected: The C'a tegory Certification 01 CertificationA and Assurances Required of Every Applicant 02 Public Transportation Agency Safety Plans 03 Tax Liability and Felony Convictions 04 Lobbying 105 Private Sector Protections 06 Transit Asset Management Plan 07 Rolling Stock Buy America Reviews and Bus Testing 08 Ilrbanixed Area Formula (Cants Program 09 Formula Grants for Rural Areas 10 Fixed Guideway Capital Investment Grants and the Expedited Project Delivery for Capital Investment Grants Pilot Program l Grants for Buses and Bus Facilities and [.ow or No Emission Vehicle Deployment Grant Programs x x x x NJA NIA 22 23 Certifications and Assurances Fiscal Year 2022 12 Enhanced Mobility of Seniors and Individuals with Disabilities Programs 13 State of Good licpair (-monis 14 'Infrastructure Finance Programs 5 Alcohol and Controlled Substances Testing 16 Rail Sa ECety 'I'rairsing and Oversight 17 Demand Responsive Service 18 interest and Financing Com [9 Cybersecurity Certiftcatiin for Rail Rolling Smock and Operations 20 Tribal Transit Programs 2.1 Emergency Relief Prisrani CERTIFICATIONS AND ASSURANCES SIC NAT WA, roict AFFIRMATION OF APPLICANT Name of the Applieszt2 City of Iowa Citi x X x NiA x NIA NIA N/A x UN SIGNING BELOW, an bawl' of the Appli.canr, I declare that it has duly nulhot`iac 1 me to make these Call flotillas area Assurances end bond its e,aip]iancc. Thus, it agrcin to oomplp with a]I Federal t ww, ngulzelians, and requircmeres, follow epplitable feJetal guidzmcc, and comply +Niki Lire Cmtifia tiach and Assurt—R as iodipatm an rho Being pup applikahble to cacti application its AulhorlYnd Reprcmcntative makes to the Federal Transit Adauoistralien (F rA) in the fader -al fiscal year_ in-rspeciive of &whether the individual that acted on hi& or Par Applicant's behalf continues to represCtlr it. The {.mriilicatiaam and Assurances the Applicantsalects apply In each Aww-d for which it nowseekay or may label. meek federal asaistanee lobe ewiaded by FTA during Ike federal lirwl Yew The Applicant allirnis the truthfulness and ancuraq of t} c Cptificatjoms and Assuennee3 it hag 3o]estod in the slaternenbswith ibis document mid Ely eau aubrni9sian made to YEA. drub aclrnowledgca Ilial the Propos Fraud Civil Rfmadics Act of I984, 31 U.S.C. $ 3&0l eIsecqv, and implemenvngLF.S_ DOTrrgulatians, 'Progrun Paula Ci LI Remedirs," 49 CFR pus 31, apply to any aertiFicari n, aSULMInee or gubme ivfsrnadetc FTA, Di* prjrnitrsl provisions of IS U.S.C. § VIOL apply to any certificationia. um c orsularnissianmade ip vannixLirxi u;th a federal public transp i-ketiec program xmihoriudby 49 U.S.C. charger 53 or any other 510621e 24 Certifications and Assurances Fiscal Year 2022 In signing this document, ] declare wider petnaloies c fpertury that the fo egnints Certi bcatiaas and AssurIoces, and any other statements makeFly me on bell Cir Applicant are true and accurede, Signature, later Geoff Pruitt, City Managcr AnNiriZeff Representative or Applicant AFFIHMATFON OF APPLICANT'S ATTORNEY For Mame of Applimq, City of Iowa City As Lire undersigned Attorney Pur the abm+eiramrd Appfusee, k hereby affirm in the Appiieent that it has BuL drily under St�[C local, or tribal government law, is appli able, In make and comply with the Certifications and A.SSurBnvrs as indicated on the foregoing pages_ I Further affirm that, inrny opinion, libel CiCerii fiurtions and Assuranpeg hate been legally made and constitute ]egad and hireling obligations on it. ] furihrr affirm Ihaia to the be# ofroV knowledge, tht:rt is no legislation or ] tigin pending er imminent that might Adverselyi15- • validity athese Certifications and Assurances, of riffle perru nenee of 113 FIA aesi3l Awrud_ ■ Sigrtatute []ere= rc,,m, Eric Goers, City Atrcrn Attorney for Appli 8cit Lieu Appafiearit for firitamf am/stmts. to de erwstraird by PTA IMiai prtueda Afrsnatiaoe orrlpr lirvnt `s Attorney Pertaining co ache Apr I urt's fegre uapachY Thr4PPIliCafg mai mat - itt elocfrorTic aignafure in flew ufrirc Aloorrrey's siigtrintire w chin ;r7Ajt pxoYidohd the Aprilicont 44:41 491.3 file and tipkoded do TrAM5 Mils Jiturek-c y rl$rr urron, !tried by the,arraryaey oRrf dated afar jr,,,krtf5scat }year. 25 Attachment B: Iowa City City Council Resolution Approving Title VI < To be inserted > 26 Attachment C: Iowa City Transit Title VI Complaint Form IOWA CITY TRANSIT TITLE VI COMPLAINT FORM This form may be used to file a complaint with the City of Iowa City based on violations of Title VI of the Civil Rights Act of 1964. You are not required to use this form, a letter that provides the same information may be submitted to file your complaint. Complaints must be submitted within 180 calendar days. Name: Date: Street Address: City: State: Zip: Telephone: (home) (work) Individual(s) discriminated against, if different that above (use additional pages if needed). Name: Date: Street Address: City: State: Zip: Telephone: (home) (work) Please explain your relationship with the individual(s) indicated above: Name of agency and department or program that discriminated: Agency or department name: Name of Individual (if known): Address: City: State: Zip: Date(s) of alleged discrimination: Date Discrimination began Last or most recent date 27 ALLEGED DISCRIMINATION: If your complaint is in regard to discrimination in the delivery of services or discrimination that involved the treatment of you by others by the agency or department indicated above, please indicate below the basin on which you believe these discriminatory actions were taken. Race Color National Origin Explain: Please explain as clearly as possible what happened. Provide the name(s) of witness(es) and others involved in the alleged discrimination. (attach additional sheets if necessary and provide a copy of written materials pertaining to your case). Signature: Date: Note: The City of Iowa City prohibits retaliation or intimidation against anyone because that individual has either taken action or participated in action to secure rights protected by policies of the City. Please inform the Iowa City Civil Rights Office if you feel you were intimidated or experienced perceived retaliation in relation to filing this complaint. 28 Attachment D: Title VI Contract Language for Transit Projects TITLE VI CONTRACT LANGUAGE During the performance of this contract, the contractor, for itself, its assignees, and successor in interest, (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulation The contractor shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter referred to as DOT), Title 49, Code of Federal Regulations, part 21 (hereinafter referred to as the Regulations), as they may be amended from time to time, herein incorporated by reference and made part of this contract. 2. Nondiscrimination The contractor, with regard to the work performed during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection of and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall not participate either directly or indirectly in discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth is Appendix B of the Regulations. 3. Solicitation for Subcontracts, including Procurement of Materials and Equipment In all solicitations whether by competitive bidding or negotiations made by the contractor for work to be performed under a subcontract, including the procurement of material for leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulation relative to nondiscrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports The contractor shall provide all information and reports required by the Regulation or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the City of Iowa City, Iowa Department of Transportation or appropriate Federal Agency to be pertinent to ascertain compliance with such Regulation, orders and instructions. Where any information required of contractors in exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the Iowa Department of Transportation or the appropriate Federal Agency as needed, and shall set forth what efforts it has made to obtain the information. 29 5. Sanctions for Noncompliance In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the City of Iowa City shall impose such contract sanctions as the Iowa Department of Transportation may determine to be appropriate, including, but not limited to: • Withholding of payments to the contractor under contract until the contractor complies and/or • Cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporations of Provisions The contractor shall include the provisions of paragraphs (1) through (5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontractor or procurement as the City of Iowa City, Iowa Department of Transportation, or appropriate Federal Agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. 30 Attachment E: Notice of Title VI Provisions CITY OF IOWA CITY NOTICE OF TITLE VI PROVISIONS The City of Iowa City (Iowa City Transit) operates its programs and services without regard to race, color, and national origin in accordance with Title VI of the Civil Rights Act of 1964. Any person who believes she or he has been aggrieved by unlawful discriminatory practice under Title VI may file a complaint with Iowa City Transit. The Civil Rights Restoration Act of 1987 amended Title VI to specify that entire institutions receiving Federal funds, whether schools, colleges, government entities, or private employers must comply with Federal civil rights laws, rather than just the particular programs or activities that receive federal funds. If you feel you are being denied participation and/or benefits in this program, or otherwise being discriminated against because of your race, color, or national origin, or would like more information on Iowa City Transit's civil rights program and the procedures to file a complaint you may contact: City of Iowa City Civil Rights Office 410 East Washington Street Iowa City, Iowa 52240 319-356-5022 http://www. icgov.org/default/?id=1515 Iowa Department of Transportation Office of Employee Services — Civil Rights 800 Lincoln Way, Ames, Iowa 50010 Iowa DOT: 800-262-0003 Civil Rights Commission: 800-457-4416 A complainant may file a complaint directly with the Federal Transit Administration (FTA) by filing a complaint with the Office of Civil Rights, Attention: Title VI Program Coordinator, East Building, 5th Floor -TCR, 1200 New Jersey Ave., SE, Washington, DC 20590. YOU SHOULD CONTACT THE ABOVE INDIVIDUALS AS SOON AS POSSIBLE BUT NO LATER THAN 180 DAYS AFTER THE ALLEGED DISCRIMINATION OCCURRED, OR IF THERE HAS BEEN CONTINUING COURSE OF CONDUCT, NO LATER THAN 180 DAYS AFTER THE ALLEGED DISCRIMINATION WAS DISCONTINUED. This notice will be available on the Iowa City Transit website, on Iowa City Transit buses, and at the Iowa City City Hall. 31 Esta notificacion estara disponible en el sitio web Iowa City Transit, en Iowa City autobuses de transito, y en las instalaciones de Transito Iowa City. LELAW1g-Tif4UV F3ZARM, f4IVFWFII3Z., ts1-$YFI%.5—Z.1%moo If information is needed in another language, contact 319-356-5022. TITLE VI -YOUR RIGHTS Title VI of the 1964 Civil Rights Act requires that "No person in the United States shall, on the ground of race, color or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance." It shall be against the policy of Iowa City Transit to discriminate against an individual based upon that person's race, color or national origin. If you believe you have been subjected to discrimination you may file a complaint with the Iowa City Human Rights Coordinator. *Complaints must be filed within 180 calendar days from the date of the alleged incident. For more information visit us on the web at www.icgov.org or cal! Iowa City's Human Rights Coordinator, Stefanie Bowers @ 319-356-5022. , is SEquirii ptim : www.icgov.org , a egfM4p l7J`#Af , fi l .j ,ff319-356-50220 Para obtener mas information, visitenos en la web en www.icgov.org o (lame al Coordinador Ffumanos Iowa City derechos, Stefanie Bowers @ 319-356-5022. uoRe3!J ON IA aM1 :J luauay3e1J! 33 Attachment G: Service Standards and Policies Iowa City Transit SERVICE STANDARDS AND POLICIES SYSTEMWIDE SERVICE STANDARDS To prevent discriminatory service design or operation, the FTA circular requires transit agencies to adopt system wide service standards and system wide service policies (policies are discussed later in this section). System wide service standards are required for the following criteria: ➢ Vehicle Load ➢ Vehicle Headway ➢ On-time performance ➢ Service Availability VEHICLE LOAD To ensure Iowa City Transit customers can gain access to public transit services while balancing customer comfort, loading standards must be established and schedules devised that reflect customer volumes. This standard is measured as the ratio of customers on board to the seated bus capacity expressed as a percent. Values of 100 percent or less indicate all riders are provided a seated ride while values above 100 percent indicate standees. The following loading standard indicates the degree of crowding (i.e., standees) that is acceptable based on bus type and manufacturer's recommendation for safe, maximum loading capacity. These standards reflect standees in the center portion of the bus only, not in the stairwells. For ridership consistently above these standards below, Iowa City Transit will place a second bus on the trip. Standard: Acceptable load factors should never consistently exceed the following: (Industry Standard: 125-150% in urban areas, 175% in university systems) Bus Type Vehicle Load Standard Seated Capacity Total Customers Percentage Standard 40' Bus 38-45 67-79 175% Iowa City Transit experiences heavy demand on a daily basis as a result of providing service on a University campus. It operates a uniform fleet of 40' buses. This has resulted in the addition of "helper buses" to address capacity concerns. VEHICLE HEADWAY Vehicle headway (the time interval between two vehicles traveling in the same direction on the same route) standards at Iowa City Transit relate to frequency of service. This standard is one of the commonly applied measures of transit adequacy, particularly from the customer's point of 34 view. Consequently, it can be one service characteristic that is the course of customer dissatisfaction. In general, frequencies or "headways" (i.e., the time from one bus to the next at the same location) are established to provide enough vehicles operating past bus stops on a route to accommodate the customer volume and to stay within the recommended loading standards, which were discussed previously. If customer loads are light enough that more time is needed between vehicles to meet loading standards, then headways should be set on clock -face headways operating at 30 and 60 -minute intervals. Standard: For periods in which service is operated, the standard minimum headways by type/time of service are as follows. (Industry Standard: Varies) Service Type/Time Weekday Base Night Weekday 30 -minute 60 -minute Evening 60 -minute Saturday 60 -minute The definition of the above service types/times is as follows: Weekday. Routes operated generally from 5:45 a.m. to 6:30 p.m., Monday -Friday. Weekday Night. Routes operated generally from 6:30 p.m. to 11:00 p.m., Monday -Friday. Saturday. Routes operated generally from 5:45 a.m. to 7:40 p.m. Sunday. Iowa City Transit does not operate fixed route service on Sunday. As with all standards, this headway matrix should be considered a guide, not an absolute measure. ON-TIME PERFORMANCE Published timetables must provide the transit customer with a reasonable guarantee that the scheduled service will operate, and will, additionally, operate on time. The dependability of Iowa City Transit is important to people who typically plan trips around the availability of bus service. Moreover, customers associate a time penalty with unreliable bus service that reduces the attractiveness of public transportation. There are several ways to measure Iowa City Transit's dependability. The first is whether service operates at all. Measures of actual versus scheduled service (missed trips) are expressed as the percentage of scheduled trips that are actually made. Iowa City Transit should have sufficient spare buses and bus drivers to assure that the standard is met. 35 Standard: For Iowa City Transit, the missed trip standard is established at 99.0 percent. (Industry Standard: 90-95%) On-time performance is also examined in terms of schedule adherence, which means the difference between scheduled time and the time the bus actually passes a particular location. The schedule adherence standard consists of two parts: 1) the definition of on time, and 2) the proportion of buses that operate within the on-time range. For purposes of establishing Iowa City Transit's on-time performance, "on-time" is established at zero minutes early to 7 minutes late. This allows the bus reasonable latitude for encountering general delays due to traffic, weather or other on -route delays, without unduly inconveniencing customers. Scheduled buses should never be early, for this would cause customers to miss the bus entirely and subject many riders to an even longer wait for the next scheduled bus. However, Iowa City Transit operates a significant number of "helper buses" to address capacity issues. "Helper Buses" provide the additional capacity needed to carry the number of people waiting for the scheduled bus. These buses are not considered when calculating the system wide on-time performance of the buses as they are used to assist the scheduled bus. Standard: The standard for Iowa City Transit's schedule adherence is established at 75% of scheduled trips system wide. Therefore, 15 out of every 20 scheduled bus trips should be considered "on-time" according to the standard. (Industry Standard: 73-75%) SERVICE AVAILABILITY A transit system inevitably receives many requests for service from citizens who are not within walking distance of a route, or who desire buses operating in their neighborhoods connecting with different destinations. Since transit resources are limited, it is unlikely that everyone will be accommodated to a satisfactory degree. Therefore, it is necessary to determine how to allocate the available resources to provide the best possible service. In developing measures for Iowa City Transit service, this standard has been divided into three separate components that reflect travel concentrations, trip purpose, and the need for bus service. The three components are: ➢ Production End representing the trip end that produces travel > Attraction End that attracts travel > Bus Stop Spacing Production End. Determination of which residential neighborhoods should be candidates for service is a function of reasonable walking distance. Numerous studies have indicated that the maximum distance an average person can reside from a bus route and still be considered to "have service" is approximately one-quarter mile, which is roughly equivalent to a five-minute walk. Standard: The standard will be 85% of the population within 1/4 mile walking distance between home and an Iowa City Transit bus stop or attraction. (Industry Standard: 1/4 mile, 85-90%) 36 This route coverage guide is just that -a guide. It is not an exact measurement. In some areas, the street pattern is not uniform or major generators are further apart than the guide indicates. Iowa City Transit's service may not and should not conform to the guide in all areas due to other factors such as population density and operational hours compared to destination. Attraction End. Major traffic generators in the Iowa City community create a transit opportunity. Standard: Iowa City Transit will apply the following standards when considering service modifications. • Hospitals/Nursing Homes. These usually do not attract a large number of trips. These facilities do, however, often serve those who depend on transit. Therefore, institutions of 100 or more beds may be considered candidates for Iowa City Transit service. (Industry Standard: None Found) • Colleges/Schools. Students in a university community often comprise a major segment of the transportation dependent population. For this reason, colleges and post -secondary schools have been included in the availability standard. Those institutions with an enrollment of at least 1,000 students warrant consideration for service. (Industry Standard: None Found) • Shopping Centers. Shopping trips constitute a major reason for transit travel. Shopping centers with more than 100,000 square feet of leased retail space are large enough to warrant consideration for Iowa City Transit service. Mixed-use retail, housing and office complexes can also be included within this category. (Industry Standard: None Found) • Social Service/Government Centers. Public Agencies, government centers and community facilities attract significant traffic volume. While the nature and size of these facilities varies greatly, it can be generally stated that those serving at least 100 clients daily warrant consideration for public transit service. (Industry Standard: None Found) Bus Stop Spacing While route alignments are the primary determinants of transit availability, a second influence on the proximity of transit is the bus stop spacing along these routes. Obviously, stops at every intersection provide the shortest walking distance to the bus, but may not be warranted based on other considerations. Therefore, a bus stop spacing standard must consider service area density and land characteristics served. Using these criteria, Iowa City Transit has developed two categories, Campus and Non -Campus, and established standards for each. Standard: The general bus stop spacing standard for Iowa City Transit is summarized below: (Industry Standard: Varies, most far -sided) 37 Bus Stop Spacing Standard Location Campus Non -Campus Stop Spacing Every other building Every 'A mile It should be noted that in some instances, the bus stop spacing standard should be discarded in favor of simply considering the location of customer concentration. This is especially true for stops that serve major activity centers or high density residential locations. The exact placement of a bus stop in the area of a signalized intersection is also a matter of concern. Generally far -sided bus stops will be the Iowa City Transit standard unless determined, on a case-by-case basis, that other factors, such as business ingress/egress or congestion issues, dictate otherwise. SYSTEMWIDE SERVICE POLICIES The FTA circular requires system wide service policies for distribution of transit amenities, vehicle assignment and for transit security. Policies differ from standards in that policies are not necessarily based on a quantitative threshold and are actions or procedures as opposed to standards that are rules or principles. DISTRIBUTION OF TRANSIT AMENITIES The new Title VI circular requires that Iowa City Transit maintain service standards for the distribution of various transit amenities, including bus shelters, benches, route map/timetable, and trash receptacles owned by Iowa City Transit. There are several amenities that are placed at bus stops by private entities. These are not governed by these standards. The Iowa City Transit standard for each of these amenities is described below. Bus Shelters. A major concern of transit riders, especially regarding inclement weather, is the amount of time spent on the street exposed to the elements. The abundance of cold and windy conditions is of particular concern in Iowa. The placement of shelters and the development of a priority location program are based upon the following: • Number of boarding and/or transferring customers at a specific stop, • Amount of shelter from the elements or lighting at or near the stop, and • ADA considerations • Safety concerns • Customer comments received Policy: Shelters should be provided at stops which serve 150 or more boarding daily and/or transferring customers or which serve concentrations of elderly or disabled residents. Shelters should be at least 5' by 8' and be enclosed on three sides. Service information including route numbers and colors, maps and schedules that serve the stop should be displayed. (Industry Standard: Varies) 38 Benches. Benches represent a medium level of amenity to provide greater comfort for Iowa City Transit customers. Policy: Benches may be installed independently at bus stops that do not have shelters. For these benches, they should be placed facing the street, a minimum of 6 to 8 feet from the bus stop sign and anchored in place. (Industry Standard: None Found) Digital Signage Iowa City Transit provides real-time vehicle tracking technology to assist customers in conveniently using the transit service. One of the techniques used to convey this information is through digital signs at the bus stop. Policy: Iowa City Transit will increase digital signs at major transfer locations throughout its system. Route Map/Timetable. Iowa City Transit's printed route map/schedule provides information for the general public at the bus stop where they will be boarding the bus. Policy: Iowa City Transit's route map/timetables are provided in all shelters. They are also provided at major transfer points throughout the system. (Industry Standard: Shelters and Transfer Points) Trash Receptacles. Trash receptacles are located only at bus stops with a larger number of boardings, usually in conjunction with a bus shelter. Policy: Iowa City Transit provides trash barrels at shelters. (Industry Standard: None Found) These standards are guidelines only in placement of amenities throughout Iowa City Transit's system. Not all bus stop locations are able to physically accommodate the amenities. VEHICLE ASSIGNMENT Vehicle assignment refers to the process by which vehicles are placed into service on routes throughout the system. The following policy has been established. Policy: Iowa City Transit has a uniform fleet consisting of 40' heavy-duty buses. Buses are rotated and randomly assigned to a route. (Industry Standard: Random with Exceptions for Route Geometrics and Lower Demand) TRANSIT SECURITY Transit systems are required to develop security policies that will protect employees and the public against any intentional act or threat of violence or personal harm, either from criminal 39 activities or terrorist acts. In response to this requirement, Iowa City Transit provides the following security policy: Policy: Iowa City Transit buses are equipped with two-way radios to communicate security concerns and security cameras as a method to after -the -fact review situations that may occur on the bus. All Iowa City Transit bus shelters will have nearby lighting to ensure customers security while waiting or exiting a bus. Additionally, all Iowa City Transit buses display signage educating customers on what to look for and do if they find a suspicious package. Also, all new bus drivers are provided with transit security training consisting of: warning signs, what to look for and procedures to follow in security situations. Finally, Iowa City Transit works with the Iowa City Police Department to simulate emergency situations on an Iowa City Transit bus. (Industry Standard: Larger systems have protocols for various emergency scenarios; smaller systems have language similar to the above.) Item Number: 6.i. 46,, CITY OF IOWA CITY � COUNCIL ACTION REPORT May 17, 2022 Resolution authorizing the Mayor to sign and the City Clerk to attest the FY2023 agreement between the City of Iowa City and the City of University Heights for the provision of transit service within the corporate limits of University Heights. Prepared By: Darian Nagle-Gamm; Director of Transportation Services Reviewed By: Redmond Jones I I; Deputy City Manager Fiscal Impact: University Heights agrees to pay $42,920 in monthly payments of $3,576.67. Recommendations: Staff: Approval Commission: N/A Attachments: 28E Agreement Executive Summary: The City of Iowa City Transportation Services department currently operates transit service for the City of University Heights utilizing a 28E Agreement. This resolution will continue that service through FY23 for a contracted payment of $42,920. Background /Analysis: University Heights has contracted with the City of Iowa City for transit services since the 1970's. Currently Iowa City Transit provides service to University Heights on the 8 - Oakcrest, 10 - West Iowa City and 12 - Highway 1 routes that serve Melrose Avenue, Sunset Street and Benton Street with approximately 96 trips per day. The contract amount is based on a formula which considers the current Consumer Price Index as an escalator of the previous year's contract. The University Heights City Council approved this agreement at their April 12th, 2022 meeting. ATTACHMENTS: Description Resolution 28E Agreement Iowa Secretary of State 321 East 12th Street Des Moines, IA 50319 sos.iowa.gov 28E Agreement Full Legal Name Organization Type County F r 1 City of Iowa City City Johnson _ City of University Heights City Johnson 410 - Public Transit FILED Filing Date: 05/20/2022 01:55 PM Filing Number: M514769 FY2023 agreement between the City of Iowa City and the City of University Heights for the provision of transit service within the corporate limits of University Heights (Res 22-130) 06/23/2023 22-130.pdf `-' -- — — --� -- — Contact Person: (Optional) Kellie Fruehling City ylerk City Clerk kellie-fruehling@iowa-citY.org 319-356-5041 Prepared by: Darian Nagle-Gamm, 1200 S. Riverside Drive, Iowa City, IA 52245 (319) 356-5156 Resolution No. 22-130 Resolution authorizing the Mayor to sign and the City Clerk to attest the FY2023 agreement between the City of Iowa City and the City of University Heights for the provision of transit service within the corporate limits of University Heights Whereas, Chapter 28E, Code of Iowa, provides, in substance, that any power which may be exercised by a public agency of this state may be exercised jointly with another public agency having such power; and Whereas, it is in the mutual interest of the City of Iowa City and the City of University Heights to encourage the use of public transit by residents of University Heights; and Whereas, the parties have negotiated a 28E Agreement for transit service in FY2023 at a rate of $42,920 for the year, a copy of which is attached and incorporated herein. Now, Therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The attached FY2023 28E Agreement for Transit Services between the City of Iowa City, Iowa and the City of University Heights, Iowa is hereby approved, and the Mayor is hereby authorized to execute and the City Clerk to attest in duplicate same on behalf of the City of Iowa City. 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 1 7th day of May , 2022. ATTEST: Mayor Approved City Attorney' : Office (Jennifer Schwickerath — 05/11/22) Resolution No. 22-130 Page 2 It was moved by Taylor and seconded by Thomas adopted, and upon roll call there were: Ayes: Nays: Absent: x X the Resolution be Alter Bergus Harmsen Taylor Teague Thomas Weiner Prepared by: Frank Walsath, MPOJC/NDS, 410 E. Washington, Iowa City, IA 52240 319-356-5235 FY2023 28E Agreement for Transit Services between the City of Iowa City, Iowa and the City of University Heights, Iowa This agreement is made and entered into this 17rhday of May , 2022, by and between the City of Iowa City, Iowa and the City of University Heights, Iowa, both municipal corporations. Whereas, Chapter 28E of the Code of Iowa provides, in substance, that any power which may be exercised by a public agency of the state may be exercised jointly with another public agency having such power, and Whereas, it is in the mutual interest of the parties to encourage the use of public transit by residents of Iowa City and University Heights. Now, Therefore, it is hereby agreed by and between the City of Iowa City and the City of University Heights, as follows: 1. Scope of Services No separate legal or administrative entity is created herein. The City of Iowa City shall provide public transit service to the City of University Heights. Iowa City shall determine the scheduling of buses, the routes, and the location of bus stops within University Heights. It is agreed that residents of University Heights will obtain the same level of transit service as residents of Iowa City who are served by the same routes. Residents of University Heights will also be eligible for the same fare structure as lowa City residents. 1/. Duration The term of this agreement shall commence July 1, 2022, and continue through and including June 30, 2023. //l. Termination This agreement may be terminated upon thirty calendar days written notice by either party. In the event of termination, Iowa City shall provide public transit service through the last day of the thirty -day notice period, and University Heights shall pay for all services rendered, including those rendered in the thirty -day period. IV. Compensation The City of University Heights agrees to pay $42,920 for the provision of public transit service as herein described during FY2023. Payment shall be made in twelve monthly payments of $3,576.67 each, to be received by the City of Iowa City on or before the 15th of each month. V. Chapter 28E, Code of Iowa In accordance with Chapter 28E of the Code of Iowa, this agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa. City of Iowa City Bv: e Teague, May Attest: City erk, Kellie F ling Approved by: / • City of University Heights By Z PO Attest: Ise A. From, Mayor City Attorney'- S fice f;c.,k State of Iowa ) ss: Johnson County City Clerk, Mike Haverkamp On this 17th day of May , 20 22 , before me, Ashley Jay—Platz , a Notary Public in and for the State of Iowa, personally appeared Bruce Teague and Kellie Fruehling, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, 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 of its City Council, as contained in Resolution No. 22-130 passed by the City Council, on the 17th day of Mav , 20 22 , and that Bruce Teague and Kellie Fruehling acknowledged the execution of the instrument to be their voluntary act and ded and th voluntary act and deed of the corporation, by it voluntarily executed. 4541At ASHLEY A JAY-PLATZ x Commission No. 785030 t 0 My Commission Expires ,fury 14, 2023 Notary Public - a • •r the S Iowa State of lowa ) ss: Johnson County ) On this 27th day of April, 2022, before me, Steven E. Ballard, a Notary Public in and for the State of Iowa, personally appeared Louise A. From and Mike Haverkamp, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of University Heights, 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 of its City Council, as contained in Resolution No. 22-07 passed by the City Council, on the 12`h day of April, 2022, and that Louise A. From and Mike Haverkamp, acknowledged 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. ''' . STEVEN E. BALLARD iF Commission Number 161385 Y (orxEmIS Notary Public in and for the State of Iowa Item Number: 6.j. 1 4CITY OF IOWA CITY !kr4gi,'��� COUNCIL ACTION REPORT May 17, 2022 Resolution authorizing the Mayor to sign the Parking Agreement for Registered Guests Dubuque Street Parking Garage Graduate Hotel and for the City Manager to negotiate and execute future amendments to the number of parking permits. Prepared By: Darian Nagle-Gamm, Transportation Director Mark Rummel, Transportation Associate Director Reviewed By: Fiscal Impact: Redmond Jones I I, Deputy City Manager The agreement will reduce annual revenue to the Parking Fund by $34,680. Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Agreement Executive Summary: This resolution authorizes an updated parking agreement between the City of Iowa City and Graduate Iowa City Lessee, LLC allowing for a reduction in the number of parking permits for the use and benefit of hotel patrons at the hotel operator's expense. The current number of 100 permits, which equates to 720,000 hours of validated parking, would be reduced to 66 permits, which will equate to 480,000 hours of validated parking. In addition, the resolution would allow the City Manager, with the advice and consent of the City Attorney, to negotiate and execute future amendments to the number of parking permits without further approval by Council. Background /Analysis: The parking will be valid in City owned parking ramps and charged at the current permit market rate. No spaces will be designated for this specific use. The Transportation Services Department has developed a validation system that will allow the hotel to validate parking ramp tickets for registered hotel guests. The allocation of 66 permits will equate to the purchase of 480,000 hours of validated parking per year. This agreement is in line with similar City of Iowa City hotel parking agreements. ATTACHMENTS: Description Resolution Agreement STATE OF IOWA JOHNSON COUNTY Et& IIIIII I N1III1 IIIIII III VIII VIII Illll VIII VIII lIII1 VIII VIII VIII VIII VIII II Doc ID: 031857370008 Type: GEN Kind: RESOLUTION Recorded; $42.00{2022 Pape 1tof221:54 PM 8 Johnson County Iowa Kim Painter County Recorder BK6380 406-113 ) ) SS 4, T. -4=11a.k City of4‘ cilik4 I, Kellie K. Fruehling, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No. 22-131 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 17th day of May 2022, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 20th day of May 2022. Kellie K. Fruehling City Clerk \res 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 Prepared by: J. Schwickerath, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, (319) 356-5030 Resolution No. 22-131 Resolution authorizing the Mayor to sign the Parking Agreement for Registered Guests Dubuque Street Parking Garage Graduate Hotel and for the City Manager to negotiate and execute future amendments to the number of parking permits. Whereas, the hotel property located at 210 South Dubuque Street, formerly known as the Sheraton Hotel, was sold to Graduate Iowa City Owner, LLC, and is now known as the Graduate Hotel, and operated by Graduate Iowa City Lessee, LLC; and Whereas, the City and various operators of the hotel at this location have had a parking agreement in one form or another since the hotel was built; and Whereas, the agreement currently in place for this hotel provides for 100 parking permits for hotel patrons, which equates to 720,000 annual hours of validated parking per year; and Whereas, the current owner of the hotel has requested to decrease the number of parking permits for hotel patrons from 100 parking permits, which equates to 720,000 annual hours of validated parking per year, to 66 parking permits, which equates to 480,000 annual hours of validated parking per year; and Whereas, Staff has considered the parking needs in City owned parking ramps and has determined that this reduction is appropriate; and Whereas, Staff recommends terminating the prior parking agreements for this hotel property and entering into the attached Agreement with the current operator of the hotel; Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that; 1, The Mayor is hereby authorized to sign and the City Clerk is hereby authorized to attest to the attached Parking Agreement for Registered Guests Dubuque Street Parking Garage Graduate Hotel. 2. The City Clerk is hereby authorized and directed to certify a copy of this Resolution and above -referenced Agreement and to record the same in the Johnson County Recorder's Office. 3. The City Manager, with the advice and consent of the City Attorney, is authorized to negotiate and execute any future amendments to the number of parking permits without City Council approval. 4. The City Clerk is authorized and directed to record any future amendments to this Off -Site Parking Agreement in the Johnson County Recorder's Office. Passed and approved this 17th day of may , 2022. Resolution No. 22-131 Page 2 Attest: • 10 Clerk Br e Teague, B g , Mayo Kellie K. Fruehling, Ci It was moved by Taylor Approved by City Attorn - 's Office (Jennifer Schwickerath — 05/10/22) and seconded by Thomas adopted, and upon roll call there were: Ayes: Nays: Absent: x Alter x Bergus x Harmsen x Taylor x Teague x Thomas Weiner x the Resolution be Parking Agreement for Registered Guests Dubuque Street Parking Garage Graduate Hotel ri .(11 This Agreement is entered into this,..13"day of Apr-ir 2022, among the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as "City, and Graduate Iowa City Owner, LLC, an Iowa limited liability corporation, hereinafter referred to as "Owner", and Graduate Iowa City Lessee, LLC, an Iowa limited liability corporation, hereinafter referred to as ''Tenant". Whereas, Owner is the fee simple owner of property locally addressed as 210 S. Dubuque Street, Iowa City, Iowa, and legally described in the attached Exhibit B, hereinafter referred to as the °Property; and Whereas, Tenant operates The Graduate Hotel, a 231 -room full-service hotel upon Owner's property, hereinafter referred to as the "Facility"; and Whereas, City is the owner of the Dubuque Street Parking Ramp located at 220 South Dubuque Street, In Iowa City, Johnson County, Iowa (hereinafter the "Parking Ramp"), adjacent to the Facility; and Whereas, the City and the various operators of the hotel have had a parking agreement in one form or another since the hotel was built, including that certain agreement described in the Consent to Assignment of Parking Agreements as that certain Amendment to City of Iowa -City - Holiday Inn, Iowa City Parking Agreement, entered into on August 1, 1991 by the City and on October 17,1991 by the Resolution Trust Corporation as receiver for Midwest Savings Association, F.A.(RTC"), as RTC' s rights thereunder have heretofore been assigned by various assignments to RBD Iowa City LLC, a Delaware limited liability company (" Assignor'), which amended that certain City of lowa City -Harry A. Johnson, Jr. Parking Agreement dated December 23, 1983 between the City and Harry A. Johnson, Jr. doing business as Mid -City Hotel Associates — Iowa City, with respect to parking rights in favor of Assignor in and to parking ramps owned by the City known as the Dubuque Street Parking Ramp and the Capitol Street Parking Ramp; and Whereas, Tenant has seen a decline in its hotel patrons' need for parking and wishes to reduce its monthly parking permit allocation; and Whereas, Owner and Tenant now desire to terminate their prior parking agreements and enter into an agreement with the City for off-street parking within the Parking Ramp for the use by its registered hotel patrons. NOW THEREFORE, in light of the good and valuable consideration exchanged herein, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Parking Permits Provided. The City agrees to allocate to Tenant for the use of its registered hotel patrons 66 parking permits, for vehicles with a maximum clearance of 7 feet, in the City -owned and operated Parking Ramp, to be paid at Tenant's cost In accordance with Exhibit A, attached hereto and incorporated herein by this reference. Tenant agrees to allocate the available permit hours to registered hotel patrons only. This allocation merely entitles registered hotel patrons the opportunity to seek parking in .the Parking Ramp at Tenant's expense. The City makes no representations about the actual availability of parking spaces. Tenant acknowledges that there will be no individual spaces signed for or otherwise restricted to the exclusive use by hotel patrons. Additional parking may be provided, if available, to registered hotel guests in any of the City -owned parking ramps. In the event City no longer owns or uses the Parking Ramp, the City agrees to allocate parking permits to Tenant for purchase in accordance with Exhibit A at a location that constitutes a reasonable alternative, and is in as close proximity to the multi -use structure as reasonably possible and practical. Said substitute parking permit allocation shall be provided to Tenant no later than the cessation of operation of the Parking Ramp. Notwithstanding the foregoing, in the event City transfers ownership of the Parking Ramps, said transfer shall be subject to the transferee assuming City's obligations under this Agreement. 2. Parking Validation. The City and Tenant agree to develop a validation system so that parking ramp tickets can be validated by Tenant and used to fulfill parking ramp ticket indebtedness upon exiting any of the City -owned parking ramps. Tenant agrees to develop appropriate security systems to ensure that these parking permit hours are only allocated to registered hotel patrons and to prevent unauthorized use of the parking validation system by any other user, including employees. The City reserves the right to request documentation necessary to support a claim for parking validation, including but not limited to reservation records. The City reserves the right to refuse validation if it determines, In is sole discretion, that anyone other than a registered hotel patron is attempting to utilize the parking allocated herein. The allocation of 66 parking permits herein shall equate to the purchase of 480,000 hours of parking per year for its registered over -night guests. Tenant shall pay for any hours of parking in excess of these allocated permits at the rates and at such times as set forth in Exhibit A. 3. Ramp Operation. The City shall be responsible for maintaining ramp operations. It is agreed that by making this Agreement, the City is neither expanding nor limiting its liability to Tenant or its guests and patrons in connection with the operation of the parking ramp, but rather such liability shall be the same as to any other person or entity using the parking ramp. 4. Ownership of the Hotel. City, Owner and Tenant agree that any assignment of this Parking Agreement by Owner and/or Tenant will be subject to City approval, in writing, which approval shall not be unreasonably withheld. Tenant and/or Owner shall submit the name of the assignee of any such proposed assignment to the City in writing via U.S. Mail "return receipt requested". 5. Agreement Term, This Agreement shall have a term of years commencing as of the date written below, and terminating on a date ninety-nine (99) years thereafter. This Agreement shall not be terminated by any party, their successors or assigns during said term except upon sixty (60) days written notice to the other parties, and only upon good and reasonable cause, and only after written notice of default and the passage of a period of sixty (60) days thereafter during which the defaulting party is given the opportunity to cure any default. It is expressly agreed that the City's sole remedy in the event of a default by Owner or Tenant shall be the cancellation of said Agreement and the right to maintain an action for money damages in the amount of parking fees incurred and payable based on actual parking ramp usage by hotel patrons prior to the effect of such cancellation. 6. Repeal, This Agreement repeals and supersedes any agreement, verbal or written, including the agreement and amendments thereto described in the preamble hereto, for parking permits between the City and Tenant, its successors or assigns, as it relates to parting in the above-described ramp by users of the Facility. 7. Recording; This Agreement shall be recorded in the records of the Johnson County, Iowa Recorder at Tenant's expense. ©ATE© this 17th day of May , 2022. CITY OF IOWA CITY, IOWA ruce Teague, Maygr By: ATTE).} T: By:. ' ri . K-Ilie K. Frueh in. ity Cle Graduate Iowa City Owner, LLC By. Martin Hanson, President Collegiate Hotel Group, LLC d/b/a Graduate Hotels Management- Manager City of Iowa City Acknowledgement STATE OF IOWA JOHNSON COUNTY Graduate Iowa City Lessee, LLC By: Martin Hanson, President Collegiate Hotel Group, LLC d/b/a Graduate Hotels Management -Manager ) ss: ) This instrument was acknowledged before me on May 17 th , 2021 by Bruce Teague, Mayor, and attested by Kellie Fruehling, City Clerk, of the City of Iowa City. 2.6ig 1010 ASHLEY A JAY•PI.ATZ Commission No. 785030 My Commission Expires July 14, 20 Z3 1 / _ Notary Public in in State o 11111 (Stamp or Seal) Graduate Iowa City Owner, LLC Acknowledgement STATE OF r `) ) --�)ss: T-- f /1 COUNTY ) This n trument was acknowledged before me on 0/ 2 as This lcdLL&k- N▪ OTARY 'te • 01300 49- • A 36 Eileen Nelson Smith NOTARY PUBLIC State at Large, Kentucky ID # 608915 My Commission Expires October 27, 2022 , 202Z by Martin Hanson tle) of Graduate Iowa City Owner, LLC. N©tary Public in and for the State of (Stamp or Seal 1,101ARY Graduate Iowa City Lessee, LLC Acknowledgement STATE OF ) T ) ss: ,) R. ( SQr\ COUNTY ) This in ment was acknowledged before me on l as ��y�k 1 1 LLC. Eileen Nelson Smith NOTARY PUBLIC State at Large, Kentucky ID # 608915 My Commission Expires October 27, 2022 �-`-j Z , 202 -by Martin Hanson (title) of Graduate Iowa City Lessee, r� Notary Public in and for the State o OWL hfl,Li (Stamp or Seal)- Eileen Nelson Smith NOTARY PUBLIC -� �' s State at Large, Kentucky [=,i c''°'" �t ID # 608915 My Commission Expires October 27, 2022 ice\ Pusi_1G EXHIBIT A I. REGISTERED HOTEL PATRONS The monthly fee for the parking permits allocated to Tenant by the City is based upon a computation utilizing the monthly permit rate in effect at the time the calculation is made multiplied by 66 parking permits. The monthly fee will cover the cost of 40,000 hours of parking per month for registered hotel patrons. A. Annual Adjustment of Monthly Fees. Should the actual hours of parking utilized by hotel patrons exceed 480,000 hours per year (40,000 hrs/month X 12 months), Tenant will annually pay the City for any excess hours of parking, at the hourly rate in effect at the end of the annual 12 -month period. Any fee for a partial month shall be a prorated portion of the monthly fee. B. Actual Hours of Hotel Patron Parking. The City agrees to provide Tenant with hotel patron parking usage figures monthly and a final full year report within 45 days after the end of the hotel operation year determined by tracking the validated parking tickets received by the City. Tenant shall have the right to audit the hotel guest parking usage figures provided by the City. C. Computation Formulas: 1. Monthly fee: (66 parking permits) X (monthly permit rate in effect at the time calculation is made) = monthly fee 2. Annual adjustment of monthly fees: a. (actual hours of hotel patron parking) — (480,000 hours) = excess hours of parking. b. If excess hours of parking is positive: (Excess hours of parking) X (Hourly rate in effect at end of year) = Annual adjustment. D. Payment Due Date. Tenant agrees to pay the monthly fee by the 151° of the following month and the annual adjustment within 45 days after the annual, 12 -month period. E. Contract Year. City shall not increase the monthly permit rate in effect under this Agreement more often than once every contract year. The contract year shall be consistent with the City's fiscal year, and shall run from July 1, to June 30, and that the contract year is one and the same as the `annual 12 -month period' referred to in this Exhibit A. II. ALL OTHER FACILITY USERS. A. No other users of the Facility, besides registered hotel patrons, shall be deemed beneficiaries of this agreement. Parking for all other users of the Facility shall be allowed to park in any of the City -owned parking facilities as available to the general public at the normal rates. Parking Agreement for Registered Guests Dubuque Street Parking Garage Graduate Hotel This Agreement is entered into this 29 day of April, 2022, among the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as "City", and Graduate Iowa City Owner, LLC, an Iowa limited liability corporation, hereinafter referred to as "Owner", and Graduate Iowa City Lessee, LLC, an Iowa limited liability corporation, hereinafter referred to as "Tenant". Whereas, Owner is the fee simple owner of property locally addressed as 210 S. Dubuque Street, Iowa City, Iowa, and legally described in the attached Exhibit B, hereinafter referred to as the "Property"; and Whereas, Tenant operates The Graduate Hotel, a 231 -room full-service hotel upon Owner's property, hereinafter referred to as the "Facility"; and Whereas, City is the owner of the Dubuque Street Parking Ramp located at 220 South Dubuque Street, in Iowa City, Johnson County, Iowa (hereinafter the "Parking Ramp"), adjacent to the Facility; and Whereas, the City and the various operators of the hotel have had a parking agreement in one form or another since the hotel was built, including that certain agreement described in the Consent to Assignment of Parking Agreements as that certain Amendment to City of Iowa -City - Holiday Inn, Iowa City Parking Agreement, entered into on August 1, 1991 by the City and on October 17,1991 by the Resolution Trust Corporation as receiver for Midwest Savings Association, F.A.("RTC"), as RTC' s rights thereunder have heretofore been assigned by various assignments to RBD Iowa City LLC, a Delaware limited liability company (" Assignor"), which amended that certain City of Iowa City -Harry A. Johnson, Jr. Parking Agreement dated December 23, 1983 between the City and Harry A. Johnson, Jr. doing business as Mid -City Hotel Associates — Iowa City, with respect to parking rights in favor of Assignor in and to parking ramps owned by the City known as the Dubuque Street Parking Ramp and the Capitol Street Parking Ramp; and Whereas, Tenant has seen a decline in its hotel patrons' need for parking and wishes to reduce its monthly parking permit allocation; and Whereas, Owner and Tenant now desire to terminate their prior parking agreements and enter into an agreement with the City for off-street parking within the Parking Ramp for the use by its registered hotel patrons. NOW THEREFORE, in light of the good and valuable consideration exchanged herein, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Parking Permits Provided. The City agrees to allocate to Tenant for the use of its registered hotel patrons 66 parking permits, for vehicles with a maximum clearance of 7 feet, in the City -owned and operated Parking Ramp, to be paid at Tenant's cost in accordance with Exhibit A, attached hereto and incorporated herein by this reference. Tenant agrees to allocate the available permit hours to registered hotel patrons only. This allocation merely entitles registered hotel patrons the opportunity to seek parking in the Parking Ramp at Tenant's expense. The City makes no representations about the actual availability of parking spaces. Tenant acknowledges that there will be no individual spaces signed for or otherwise restricted to the exclusive use by hotel patrons. Additional parking may be provided, if available, to registered hotel guests in any of the City -owned parking ramps. In the event City no longer owns or uses the Parking Ramp, the City agrees to allocate parking permits to Tenant for purchase in accordance with Exhibit A at a location that constitutes a reasonable altemative, and is in as close proximity to the multi -use structure as reasonably possible and practical. Said substitute parking permit allocation shall be provided to Tenant no later than the cessation of operation of the Parking Ramp. Notwithstanding the foregoing, in the event City transfers ownership of the Parking Ramps, said transfer shall be subject to the transferee assuming City's obligations under this Agreement. 2. Parking Validation. The City and Tenant agree to develop a validation system so that parking ramp tickets can be validated by Tenant and used to fulfill parking ramp ticket indebtedness upon exiting any of the City -owned parking ramps. Tenant agrees to develop appropriate security systems to ensure that these parking permit hours are only allocated to registered hotel patrons and to prevent unauthorized use of the parking validation system by any other user, including employees. The City reserves the right to request documentation necessary to support a claim for parking validation, including but not limited to reservation records. The City reserves the right to refuse validation if it determines, in is sole discretion, that anyone other than a registered hotel patron is attempting to utilize the parking allocated herein. The allocation of 66 parking permits herein shall equate to the purchase of 480,000 hours of parking per year for its registered over -night guests. Tenant shall pay for any hours of parking in excess of these allocated permits at the rates and at such times as set forth in Exhibit A. 3. Ramp Operation. The City shall be responsible for maintaining ramp operations. It is agreed that by making this Agreement, the City is neither expanding nor limiting its liability to Tenant or its guests and patrons in connection with the operation of the parking ramp, but rather such liability shall be the same as to any other person or entity using the parking ramp. 4. Ownership of the Hotel. City, Owner and Tenant agree that any assignment of this Parking Agreement by Owner and/or Tenant will be subject to City approval, in writing, which approval shall not be unreasonably withheld. Tenant and/or Owner shall submit the name of the assignee of any such proposed assignment to the City in writing via U.S. Mail "retum receipt requested". 5. Agreement Term. This Agreement shall have a term of years commencing as of the date written below, and terminating on a date ninety-nine (99) years thereafter. This Agreement shall not be terminated by any party, their successors or assigns during said term except upon sixty (60) days written notice to the other parties, and only upon good and reasonable cause, and only after written notice of default and the passage of a period of sixty (60) days thereafter during which the defaulting party is given the opportunity to cure any default. It is expressly agreed that the City's sole remedy in the event of a default by Owner or Tenant shall be the cancellation of said Agreement and the right to maintain an action for money damages in the amount of parking fees incurred and payable based on actual parking ramp usage by hotel patrons prior to the effect of such cancellation. 6. Repeal. This Agreement repeals and supersedes any agreement, verbal or written, including the agreement and amendments thereto described in the preamble hereto, for parking permits between the City and Tenant, its successors or assigns, as it relates to parking in the above-described ramp by users of the Facility. 7. Recording; This Agreement shall be recorded in the records of the Johnson County, Iowa Recorder at Tenant's expense. DATED this day of , 2022. CITY OF IOWA CITY, IOWA By: Bruce Teague, Mayor ATTEST: By: Kellie K. Fruehling, City Clerk Graduate Iowa City Owner, LLC By. Martin Hanson, President Collegiate Hotel Group, LLC d/b/a Graduate Hotels Management- Manager City of Iowa City Acknowledgement STATE OF IOWA JOHNSON COUNTY Graduate Iowa City Lessee, LLC By: Martin Hanson, President Collegiate Hotel Group, LLC d/b/a Graduate Hotels Management -Manager ) ss: This instrument was acknowledged before me on , 2021 by Bruce Teague, Mayor, and attested by Kellie Fruehling, City Clerk, of the City of Iowa City. Notary Public in and for the State of Iowa (Stamp or Seal) Graduate Iowa City Owner, LLC Acknowledgement STATE OF 2(2..qic t l� (0A COUNTY ) ss: This n trument was acknowledged before me on 01 !• 2. as r2.Sjc k- -EL50, S Eileen Nelson Smith NOTARY PUBLIC State at Large, Kentucky ID # 608915 My Commission Expires October 27, 2022 202$ by Martin Hanson tle) of Graduate Iowa City Owner, LLC. Notary Public in and for the State of (Stamp or Seal. <•��``'�'`'s 8 000 ^77 „4". \`• Graduate Iowa City Lessee, LLC Acknowledgement STATE OF C,¢ J€ COUNTY This in as LLC. ) ss: Eileen Nelson Smith NOTARY PUBLIC State at Large, Kentucky ID # 608915 My Commission Expires October 27, 2022 ment was acknowledged before me on (/'Q•$ i di. k- �( 2024 -by Mart in Hanson (title) of Graduate Iowa City Lessee, Notary Public in and for the State of ju ,c (Stamp or Seal) Eileen Nelson Srnith NOTARY PUBLIC j`/ State at Large, Kentucky ,r4 :17A ID # 608915 M{ Commission Expires RGE. ��� y October 27, 2022 EXHIBIT A REGISTERED HOTEL PATRONS The monthly fee for the parking permits allocated to Tenant by the City is based upon a computation utilizing the monthly permit rate in effect at the time the calculation is made multiplied by 66 parking permits. The monthly fee will cover the cost of 40,000 hours of parking per month for registered hotel patrons. A. Annual Adjustment of Monthly Fees. Should the actual hours of parking utilized by hotel patrons exceed 480,000 hours per year (40,000 hrs/month X 12 months), Tenant will annually pay the City for any excess hours of parking, at the hourly rate in effect at the end of the annual 12 -month period. Any fee for a partial month shall be a prorated portion of the monthly fee. B. Actual Hours of Hotel Patron Parking. The City agrees to provide Tenant with hotel patron parking usage figures monthly and a final full year report within 45 days after the end of the hotel operation year determined by tracking the validated parking tickets received by the City. Tenant shall have the right to audit the hotel guest parking usage figures provided by the City. C. Computation Formulas: 1. Monthly fee: (66 parking permits) X (monthly permit rate in effect at the time calculation is made) = monthly fee 2. Annual adjustment of monthly fees: a. (actual hours of hotel patron parking) — (480,000 hours) = excess hours of parking. b. If excess hours of parking is positive: (Excess hours of parking) X (Hourly rate in effect at end of year) = Annual adjustment. D. Payment Due Date. Tenant agrees to pay the monthly fee by the 15th of the following month and the annual adjustment within 45 days after the annual, 12 -month period. E. Contract Year. City shall not increase the monthly permit rate in effect under this Agreement more often than once every contract year. The contract year shall be consistent with the City's fiscal year, and shall run from July 1, to June 30, and that the contract year is one and the same as the `annual 12 -month period' referred to in this Exhibit A. II. ALL OTHER FACILITY USERS. A. No other users of the Facility, besides registered hotel patrons, shall be deemed beneficiaries of this agreement. Parking for all other users of the Facility shall be allowed to park in any of the City -owned parking facilities as available to the general public at the normal rates. Item Number: 6.k. 46,, CITY OF IOWA CITY � COUNCIL ACTION REPORT May 17, 2022 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the North Westminster Storm Sewer Improvements Project. Prepared By: Ben Clark, Sr. Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $1,496,490.00 available in the North Westminster Storm Sewer Upgrades account #M3633 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: This agenda item awards the construction contract for the North Westminster Storm Sewer Improvements Project. Four (4) bids were submitted prior to the May 10, 2022 deadline: Bidder Name City Bid Amount Maxwell Construction, Inc. Iowa City, IA $ 1,496,490.00 Sulzco, Inc. Muscatine, IA $ 1,673,604.00 All American Concrete West Liberty, IA $ 1,807,249.50 Boomerang Corp. Anamosa, IA $ 2,077,777.00 Engineers Estimate $ 1,350,000.00 Staff recommends awarding the contract to Maxwell Construction, Inc. of Iowa City, Iowa. Background /Analysis: The North Westminster drainage area was studied in response to observed flash flooding near the intersection of North Westminster Street and Washington Street. The study confirmed that sections of the storm sewer system are inadequate to convey runoff for the City's current 5 -year design storm criteria. This project will increase the storm sewer capacity according to the recommendations from the study. Project Timeline: Construction Start — June 2022 Final Completion — May 31, 2023 ATTACHMENTS: Description Resolution Prepared by: Ben Clark, Engineering Division, 410 E. Washington St, Iowa City, IA 52240 (319)356-5436 Resolution No. 22-137 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the North Westminster Storm Sewer Improvements Project. Whereas, Maxwell Construction. of Iowa City, Iowa, has submitted the lowest responsible bid of $1,496,490.00 for construction of the above-named project; and Whereas, funds for this project are available in the North Westminster Storm Sewer Upgrades account #M3633; 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 Maxwell Construction subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this Attest : 17th day of May , 2022 City Attorney' Office (Sara Greenwood Hektoen — 05/11/22) It was moved by Taylor and seconded by Thomas the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Alter x Bergus x Harmsen x Taylor x Teague Thomas Weiner x X Item Number: 6.1. 4CITY OF IOWA CITY !kr4gi,'��� COUNCIL ACTION REPORT May 17, 2022 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Wetherby Park Sidewalk and Driveway Project. Prepared By: Ethan Yoder, Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $78,448.00 available in the Wetherby Park Sidewalk and Driveway account #R4393 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: This agenda item awards the construction contract for the Wetherby Park Sidewalk and Driveway Project. The project generally includes the removal and installation of sidewalk and driveway, and the engineer's estimated cost of construction was $93,000. Two (2) bids were received for the May 10th bid letting: Company Bid Amount Bockenstedt Excavating, Inc. $78,448.00 All American Concrete Inc. $86,977.00 Based upon the bids received, staff recommends awarding the Project to Bockenstedt Excavating, Inc. of Iowa City, Iowa Background /Analysis: Wetherby Park is an existing park located in south Iowa City. The park's current amenities include a splash pad, playground equipment, a picnic shelter, cooking grills, sports courts, restrooms, a disc golf course, community garden plots, and a hiking path. The City is looking to improve the park through the removal and replacement of existing sidewalk, constructing new sidewalk to enter the park and access the community gardens, and reconstruction of the vehicle access drive from Taylor Drive. This project will be funded in part with CDBG funds. Project Timeline: Award Date — May 17, 2022 Construction Start— June 6, 2022 Estimated Construction Completion — September 2022 ATTACHMENTS: Description Resolution Prepared by: Ethan Yoder Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5145 Resolution No. 22-133 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Wetherby Park Sidewalk and Driveway Project Whereas, Bockenstedt Excavating of Iowa City, Iowa has submitted the lowest responsible bid of $78,448.00 for construction of the above-named project; and Whereas, funds for this project are available in the Wetherby Park Entrance & Parking Lot account #R4393; 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 Bockenstedt Excavating subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 17th day of May Attest : City Clerk , 2022 It was moved by Taylor adopted, and upon roll call there were: Ayes: or Approve City Attorn: 's Office (Sara Greenwood Hektoen -05/11/22) and seconded by Thomas Nays: Absent: x Alter X Bergus X Harmsen X Taylor X Teague X Thomas x Weiner the Resolution be Item Number: 6.m. 4CITY OF IOWA CITY !kr4gi,'��� COUNCIL ACTION REPORT May 17, 2022 Resolution authorizing the City Engineer to sign Change Order #07 to the contract between Metro Pavers, Inc. and the City of Iowa City for extra work on the Melrose Avenue / IWV Road Improvement Project [STP -U-3715(668)-- 70-52] . Prepared By: Melissa Clow, Special Projects Administrator Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $296,797.29 available in the Melrose Avenue /IWV Road Improvement Project account # S3936. Costs will be shared with Johnson County consistent with the previously approved project agreement. Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Change Order Executive Summary: During construction of the Melrose Ave / IWV Road Improvement Project, it was discovered that there was an error in the earthwork quantities as shown in the contract documents. The error results in the site not being balanced between cut and fill, with additional material required to be hauled off-site. Because of these changes, staff negotiated Change Order #7 in the amount of $296,797.29 which modifies the contract quantities to accommodate the additional earthwork and hauling. The project scope and the timeline are not impacted by this change. Background /Analysis: As part of the Melrose Ave / IWV Road Improvement Project, the City and the County planned to widen and reconstruct the roadway. In order to do so, the ditches adjacent to the roadway required extensive re -grading to allow for the wider pavement section, paved shoulder and gravel shoulder. During the initial earthwork operations, the Contractor noted that their quantities were not matching up with the earthwork quantities in the plans. The Consultant analyzed their calculations and compared their new numbers to calculations provided by the Contractor, and they agreed. Since the earthwork cannot be amended without affecting the grade of the roadway and potentially the design of the already installed culverts, it was determined the best course of action was to move forward per the contract documents. Two errors discovered (Earthwork Modifications #1 and #2), as detailed below: 1. When the plan quantities were calculated, there was an error in the units used when subtracting pavement removal quantities from the earthwork quantities. Square Yards were used instead of Cubic Yards. Subtracting an area from a volume resulted in the initial calculations being incorrect. ($171,260.081) 2. During design, the south roadway shoulder was increased from 3.0' to 5.0' to accommodate traffic during construction. This modification was made in the plans but was not reflected in the earthwork model. When the existing surface was compared to the proposed surface to compute the earthwork, there was a difference in quantities for the length of the project on the south side of the road. ($34,276.007). The remaining amount is attributed to Earthwork Modification #3, which addresses the increased amount of topsoil import required. Topsoil areas were anticipated to be from the gravel shoulder to the grading limits line. However, once utility relocation work began, it became apparent that there were significantly more areas disturbed, from the edge of the gravel shoulder to the right-of- way and into the temporary construction easements. Additionally, the contractor completing the relocation of an existing Verizon fiber optic line did not separate or strip topsoil intended to be respread by the Project contractor once grading operations were complete, increasing the need for import. ($91,261.196) The change order costs will be shared with Johnson County consistent with the previously approved project agreement. The project engineer will also be contributing toward the total change order amount. ATTACHMENTS: Description Resolution Change Order Prepared by: Melissa Clow, Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)356-5413 Resolution No. esolution authorizing the City Engineer to sign Change # to the contract between Metro Pavers, Inc. and th low- City for extra work on the Melrose Avenue / Impro ement Project [STP -U-3715(668)--70-52]. rder City of Road Whereas, the City -ntered into a contract on June 21, 2021 with Me s Pavers, Inc. of Iowa City, Iowa; and Whereas, circumstanc= encountered during the construc additional work beyond t original scope of the project as plans and specifications; a of the project necessitated ecified within the approved project Whereas, as a result of these . anges in circumstance•, staff has negotiated a change order that modifies the project scope, t eline, and budge necessitating City Council Approval in accordance with the Purchasing Policy; and Whereas, it is in the public interest t• approve Laid negotiated change order with Metro Pavers, Inc.; and Whereas, the Finance Director has review the change order; and Whereas, funds for this project are ay. fable 'n the Melrose Avenue / IWV Road Improvement Project account # S3936; and Now, therefore, be it resolved by th- City Council ohe City of Iowa City, Iowa that: 1. The attached change or content. 2. The City Engineer order. Passed and approved is Attest: hereto is in the pus is interest, and is approved as to form and hereby authorized and direed to execute the attached Change day of , 2022 Mayor Approved by City r Jerk City Attorney's Office — 05/1 22 r • rwt®gv� CITY OF IOWA CITY UNESCO CITY OF LITERATURE Description Prime Contractor Change Order Status Date Created Type Summary Change Order Description City of Iowa City - Iowa Change Order Details lrose Avenue / IWV Road Improvements (52-3715-668) STP -U-3715(668)--70-52, METRO PAVERS, INC. 7 Draft 04/19/2022 Significant - Federal -aid Participating i-/ cctlD- 37766, Letting Date- 18 May 2021/ Earthwork Corrections Earthwork Modification #1 ( / 1I 0020 DECREASE item "Embankment -In -Place - CA .GOR 3,437.30 CY 0020 DECREASE item "Embankment -n- ace" - CATE •RY 3, 9:! 90 CY 0030 INCREASE item "Excavation a5sj\0, Roadway and : orrow" - C GORY 1, 4,468.50 CY 0030 INCREASE item'"Excay. 'on, Class 10, Roadway and Bo • ow" - CATE o Y 2, 5,069.60 CY 0030 INCREASBitetn " cavation, Class 10, Roadway and Borro " - CATEGOR 5,428.10 CY i 1 "Excavation, Class 10, Waste" - CATEGOR , 4.8 CY Excavation,. Class- 4 0/W aste" - CATEGORY 2, 3,894. t 2 CY item "Excavation, Clnss'10, Waste" - CATEGORY 3, 3,214.5 CY 0040 INCREASE 8025 ADD it 8025 A arthwork Modification #2 0020 DECREASE item "Embankment -In -Place" - CATEGORY 1, 330.40 CY 0030 INCREASE item "Excavation, Class 10, Roadway and Borrow" - CATEGORY I, 301.10 CY 0030 INCREASE item "Excavation, Class 10, Roadway and Borrow" - CATEGORY 2, 528.50 CY Change Order Details: Melrose Avenue / IWV Road Improvements (52-3715-668) 05/06/2022 Page 1 of 6 Awarded Project 0030 INCREASE item "Excavation, Class 10, Roadway and Borrow" - CATEGORY 3, 723.80 CY 8025 ADD item "Excavation, Class 10, Waste" - CATEGORY 2, 819.93 CY 8025 ADD item "Excavation, Class 10, Waste" - CATEGORY 3, 962.69 CY work Modification #3 0020 D 'r ASE item "Embankment -In -Place" - CATEGORY I, 296.9 CY 0030 DECREA em "Excavation, Class 10, Roadway and Borrow" - CATEGORY 4, 135.7 CY 0060 INCREASE item soil, Strip, Salvage and Spread" - CATEGORY 1, 2,166.00 CY 0060 INCREASE item "Topso , Strip, Salvage and Spread" - CATEGORY 2, 2,052 ;10 CY 0060 INCREASE item "Topsoil, Stri , alvage and Spread" - CATEGORY 3, 1,585.20,CY 0060 INCREASE item "Topsoil, Strip, Sale. and Spread" - CATEGORY 4, 218.40 CY''. 8025 ADD item "Excavation, Class 10, Waste" - '. TEGORY 1, L369.31 CY, 8025 ADD item "Excavation, Class 10, Waste" - CATE. RY 2, 1,578.53 CY 8025 ADD item "Excavation, Class 10, Waste" - CATEGOR , 1,219.39 CY REASON FOR CHANGES Earthwork Modification #I - When the plan quantities were calcul -d there an error in the units used when subtracting pavement removal quantities from earthwork quantities. Square Yards were used - stead of Cubic Yar . Subtracting an area from a volume caused the Earthwork calculations to be incorrect. This affected Item 0020, Em tkment-In-Place, Item 0030, eavation, Class 10, Roadway and Borrow, and Item 0040, Excavation, Class 10, Waste. This also created e need for a price adjustment for Item ;0 0, Excavation, Class 10, Waste due to the significant change of work as explained in Spec' cation Section 11 09.14.C.2. Therefore Item 802 as added. Earthwork Modification #2 - During des i • e South roadway shoulder was increased from 3' to 5'. This codification was made in the typical to the corridor model. Therefore, when surfaces were compared to cot •ute earthwork there was a Item 0020, Embankment -In -Place, Item 0030, Excavation, Class 10, Roadway . d Borrow, and Item 0040, o createdMe need for a price adjustment for Item 0040, Excavation, Class 10, Waste due to the significant Specification Section 1109.14.C.2. Therefore Item 8025 was added. kation #3 - During design topsoil areas were anticipated to be from gravel shoulder edge to grading limits line. However, once utility relocation work taking place on-site there has been significantly more areas disturbed. This has p Right-of-Way/Temporary Construction Easement to Gravel Shoulder edge. Quantities affected by this change are ein 0020, Embankment -In -Place, Item 0030, Excavation, Class 10, Roadway and Borrow, Item 0040, Excavation, Class 10, Waste, and Item 0060, Topsoil, Strip, Salvage and Spread. This also created the need for a price adjustment for Item 0040, Excavation, Class 10, Waste due to the significant change of work as explained in Specification Section 1109.14.0.2. Therefore Item 8025 was added. cross sections but not reflected thou difference in quantities.,This of cd Excavation, Classl0, Was his als change of work as ained in Spec Earthwork Mo constntcli started and with all the incr ed the topsoil nount $4,703,659.81 area to be Ri hi Change Order Details: 05/06/2022 Melrose Avenue / IWV Road Improvements (52-3715-668) Page 2 of 6 Funding Details 111111.1.111111111111. Authorized Proj Amount $4,675,738.59 Change Order Amount $296,797.29 Revised Project Amount 4,972,535.88 Increases/Decreases Line Number Item ID Unit Curre Section: 0001 - Roadway Items 0020 2102-2625000 CY $12.000 5,025.50 EMBANKMENT -IN-PLACE ',60,306.00 -5,025.5 Reason: Quantities changed due to a shoulder connection point correction, version -$60,306.00 psoil limits extended due to utility relocations. 52 -3715 -668 -CAT -1 STP -U-3715(668)-70-52 52 -3715 -668 -CAT -2 STP -U-3715(668)--70-52 52 -3715 -668 -CAT -3 STP -U-3715(668)--70-52 52 -3715 -668 -CAT -4 STP -U 0030 2102-2710070 CY EXCAVATION, CLASS 10, ROADWAY AND BO 668)--70-52 $48,775.20 $0.00 960.100 $11,530.80 0.000 $0.00 10,877.100 $88,648.37 nding Det 0.000 $0.00 .600 -$48,775.20 0.000 $0.00 $0.00 0.000 $0.00 -960.900 -$11,530.80 0.000 $0.00 0.000 $0.00 0.000 $0.00 16,383.900 $133, : .79 27,261.000 $222,177.16 Reason: Quantities changed due to a should onnection point correction, unit conversion correction, and topsoil limits extended due to utility relocations. Change Order tails: 52 -3715 -668 -CAT -1 STP -U-3715(668)--70-52 Melrose Avenue / IWV Road Improvements (52-3715-668) 3,343.800 $27,251.97 3.'6 (diU $38,872.24 8,113.400 $66,124.21 05/06/2022 Page 3 of 6 52 -3715 -668 -CAT -2 STP -U-3715(668)--70-52 6,505.900 $53,023.08 52-371 -..:-CAT-3 STP -U-3715(668)--70-52 891.700 $7,267.36 52 -3715 -668 -CAT -U-3715(668)--70-52 135.700 $1,105.96 0040 2102-2710090 CY $9.000 661.200 $5,950.80 EXCAVATION, CLASS 10, WASTE 5,598.100 $45,624.52 12, : ' .000 $98,647.60 6,15 ' i $50,137.99 7,043.600 $57,405.35 5.700 -51,105.96 0.000 50.00 .20 666.000 $5,994.00 Reason: Quantities changed due to a shoulder connection point correction, un onversion corre and to s • limits e nde due to utility relocations. 52 -3715 -668 -CAT -1 STP -U-3715(668)--70-52 52 -3715 -668 -CAT -2 STP -U-3715(668)-70-52 52 -3715 -668 -CAT -3 STP -U-3715(668)-70-52 52 -3715 -668 -CAT -4 STP -U-37 15(668)-70-52 0060 2105-8425015 CY TOPSOIL, STRIP, SALVAGE AND SPREAD Reason: Quantities changed due to a shoulder connec 4 items $6. 661.200 0.000 4.800 .000 $0.00 $0.00 0�'l ,657.20 6,021.700 0.000 $0.00 0.000 $0.00 $43.20 666.000 $5,994.00 $0.00 0.000 $0.00 $0.00 0.000 $0.00 $36,130.20 13,297.900 $79,787.40 point rr um version correction, and topsoil limits extended due to utilit 52 -3715 -668 -CA STP -U-3715(6 52-3715--.:-CAT-2 STP -U-3715(668)-- • 2 3715 -668 -CAT -3 STP -U-3715(668)--70-52 52 -3715 -668 -CAT -4 STP -U-3715(668)--70-52 Totals Change Order Details: Melrose Avenue / IWV Road Improvements (52-3715-668) Funding Details elocations. 2,242.600 $13,455.60 2,166.000 $12,996.00 4,408..' ' $26,451.60 2,527.300 $15,163.80 2,052.100 $12,312.60 4,579.400 $27,476.40 1,835.600 $11,013.60 1,585.200 $9,511.20 3,420.800 $20,524.80 670.700 $4,024.20 218.400 $1,310.40 889.100 $5,334.60 $198,562.37 $109,396.19 $307,958.56 05/06/2022 Page 4 of 6 New Items Unit Price Section: 0001 - Roadw. terns Oil Wait. 8020 EXCAVATION, CL 10, WASTE 2-2710U90 CY I .i,U59..� I U $14.35. $187,401.10 Reason: A Significant Change to Major Item of Work a ws for a price adjustment according to Spec for price adjustment. The unit price is between the low ($0.51. and average($19.63/CY) bid pr Awarded Contract Prices. 1 item Funding Summary ion Section 111 C.2. This Item was added for the quantity allowed own in the Feb r.. ry through March 2022 Iowa DOT Summary of 52 -3715 -668 -CAT -1 STP -U-3715(668)--70-52 52 -3715 -668 -CAT -2 STP -U-3715(668)--70-52 52 -3715 -668 -CAT -3 STP -U-3715(66, $14.350 $19,649.60 S14.350 $90,310.00 $14.3 50 577,441.50 I 0E11 til�l.-Inl.l F ugdkag Original :mount Authori4 Prop es.._1langc Revised A 52 -3715 -668 -CAT -2 STP -U-3715(668)--70-52 52 -3715 -668 -CAT -3 STP -U-3715(668 0-52 52 -3715 -668 -CAT -I STP -U-3 (668)--70-52 52 -3715 -668 -CAT -4 ' -U-3715(668)--70-52 $1,158,603.95 $1,055,439.47 $1,258,023.30 $1,231,593.09 S1,109,990.71 $1,045,651.72 $1,242,758.04 $1,277,338.12 $148, .32 $125,559.89 $22,742.64 $ 204.44 $1,258,281.03 $1,171,211.61 $1,265,500.68 $1,277,542.56 4 fund pa ger $4.703,659.81 $4,675.738.59 $296,797.29 $4,972,535.88 Change Order Details: Melrose Avenue / IWV Road Improvements (52-3715-668) 05/06/2022 Page 5 of 6 Approved: Approved: Project Inspec Project Engineer Date: Date: Receipt is acknowledged of this change or extra work order and terms of settlement a : iereby agreed to. Contractor By: Date: City of Iowa City Approval: Date: Change Order Details: 05/06/2022 Melrose Avenue / IWV Road Improvements (52-3715-668) Page 6 of 6 Late Handouts Distributed (Date) mismarlir CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 1319) 356-5000 (319) 356-5009 FAX www.icgov.org City Council Agenda — May 17, 2022 — Regular Formal Meeting Information submitted between distribution of packet on Thursday and 4:OOpm on Monday. Late Handouts(s): Consent Agenda 6.m. Melrose Avenue / IWV Road Improvement — See revised item and comment (below), Council Action report, Resolution and Change Order. Resolution authorizing the City Engineer to sign Change Order #06 to the contract between Metro Pavers, Inc. and the City of Iowa City for extra work on the Melrose Avenue / IWV Road Improvement Project [STP -U-3715(668)-- 70-52]. Comment: During construction of the Melrose Ave / IWV Road Improvement Project, the Contractor determined that there was an error in the earthwork quantities shown in the contract documents. This was confirmed by the Consultant and results in the site not being balanced between cut and fill with additional material required to be hauled off-site. Because of these changes, staff negotiated Change Order #06 in the amount of $296,822.83 which modifies the contract cost. The project scope and the timeline are not impacted by this change. Funds are available in account # S3936 — Melrose Avenue Improvements. i`-`1L CITY OF IOWA CITY -.:-� COUNCIL ACTION REPORT May 17, 2022 Resolution authorizing the City Engineer to sign Change Order #06 to the contract between Metro Pavers, Inc. and the City of Iowa City for extra work on the Melrose Avenue / IWV Road Improvement Project [STP -U- 3715(668)--70-52]. Prepared By: Reviewed By: Melissa Clow - Special Projects Administrator Jason Havel - City Engineer Ron Knoche - Public Works Director Geoff Fruin - City Manager Late Handouts Distributed Fiscal Impact: $296,822.83 available in the Melrose Avenue / IWV 9-04 rnprovement Project account # S3936 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution, Change Order Executive Summary: During construction of the Melrose Ave / IWV Road Improvement Project, it was discovered that there was an error in the earthwork quantities as shown in the contract documents. The error results in the site not being balanced between cut and fill, with additional material required to be hauled off-site. Because of these changes, staff negotiated Change Order #06 in the amount of $296,822.83 which modifies the contract quantities to accommodate the additional earthwork and hauling. The project scope and the timeline are not impacted by this change. Background / Analysis: As part of the Melrose Ave / IWV Road Improvement Project, the City and the County planned to widen and reconstruct the roadway. In order to do so, the ditches adjacent to the roadway required extensive re -grading to allow for the wider pavement section, paved shoulder and gravel shoulder. During the initial earthwork operations, the Contractor noted that their quantities were not matching up with the earthwork quantities in the plans. The Consultant analyzed their calculations and compared their new numbers to calculations provided by the Contractor, and they agreed. Since the earthwork cannot be amended without affecting the grade of the roadway and potentially the design of the already installed culverts, it was determined the best course of action was to move forward per the contract documents. Two errors discovered (Earthwork Modifications #1 and #2), as detailed below: 1. When the plan quantities were calculated, there was an error in the units used when subtracting pavement removal quantities from the earthwork quantities. Square Yards were used instead of Cubic Yards. Subtracting an area from a volume resulted in the initial calculations being incorrect. ($171,285.76) 2. During design, the south roadway shoulder was increased from 3.0' to 5.0' to accommodate traffic during construction. This modification was made in the plans but was not reflected in the earthwork model. When the existing surface was compared to the proposed surface to compute the earthwork, there was a difference in quantities for the length of the project on the south side of the road. ($34,276.01) CITY OF IOWA CIT Y COUNCIL ACTION REPORT The remaining amount is attributed to Earthwork Modification #3, which addresses the increased amount of topsoil import required. Topsoil areas were anticipated to be from the gravel shoulder to the grading limits line. However, once utility relocation work began, it became apparent that there were significantly more areas disturbed, from the edge of the gravel shoulder to the right-of-way and into the temporary construction easements. Additionally, the contractor completing the relocation of an existing Verizon fiber optic line did not separate or strip topsoil intended to be respread by the Project contractor once grading operations were complete, increasing the need for import. ($91,261.06) Late Handouts Distributed Prepared by: Melissa Clow, Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)356-5413 Resolution No. S-/c,_aa, Resolution authorizing the City Engineer to sign Charftdrder #06 to the contract between Metro Pavers, Inc. and the City of Iowa City for extra work on the Melrose Avenue / IWV Road Improvement Project [STP -U-3715(668)--70-52]. Whereas, the City entered into a contract on June 21, 2021 with Metro Pavers, Inc. of Iowa City, Iowa; and Whereas, circumstances encountered during the construction of the project necessitated additional work beyond the original scope of the project as specified within the approved project plans and specifications; and Whereas, as a result of these changes in circumstances, staff has negotiated a change order that modifies the project scope, timeline, and budget necessitating City Council Approval in accordance with the Purchasing Policy; and Whereas, it is in the public interest to approve said negotiated change order with Metro Pavers, Inc.; and Whereas, the Finance Director has reviewed the change order; and Whereas, funds for this project are available in the Melrose Avenue / IWV Road Improvement Project account # S3936; and Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: 1. The attached change order hereto is in the public interest, and is approved as to form and content. 2. The City Engineer is hereby authorized and directed to execute the attached Change order. Passed and approved this day of , 2022 Mayor Approved by Attest: City Clerk City Attorney's Office (Sara Greenwood Hektoen — 05/16/22) t � 1 CITY OF IOWA CITY UNESCO CITY OF LITERATURE City of Iowa City - Iowa Change Order Details Melrose Avenue / IWV Road Improvements (52-3715-668) Late Handouts Distributed S /(a.-�_, _ (Date) Description Prime Contractor Change Order Status Date Created Type Summary Change Order Description STP -U-3715(668)--70-52, AcctlD- 37766, Letting Date- 18 May 2021 METRO PAVERS, INC. 6 Pending 05/13/2022 Significant - Federal -aid Participating Earthwork Corrections Earthwork Modification #1 0020 DECREASE item "Embankment -In -Place" - CATEGORY 1, 3,437.3 CY 0020 DECREASE item "Embankment -In -Place" - CATEGORY 3, 960.9 CY 0030 INCREASE item "Excavation, Class 10, Roadway and Borrow" - CATEGORY 1, 4,468.5 CY 0030 INCREASE item "Excavation, Class 10, Roadway and Borrow" - CATEGORY 2, 5,069.6 CY 0030 INCREASE item "Excavation, Class 10, Roadway and Borrow" - CATEGORY 3, 5,428.10 CY 8019 ADD item "Excavation, Class 10, Waste" - CATEGORY 2, 3,899.7 CY 8019 ADD item "Excavation, Class 10, Waste" - CATEGORY 3, 3,214.5 CY Earthwork Modification #2 0020 DECREASE item "Embankment -In -Place" - CATEGORY 1, 330.4 CY 0030 INCREASE item "Excavation, Class 10, Roadway and Borrow" - CATEGORY 1, 301.1 CY 0030 INCREASE item "Excavation, Class 10, Roadway and Borrow" - CATEGORY 2, 528.5 CY 0030 INCREASE item "Excavation, Class 10, Roadway and Borrow" - CATEGORY 3, 723.8 CY Change Order Details: Melrose Avenue / IWV Road Improvements (52-3715-668) 05/16/2022 Page 1 of 7 8019 ADD item "Excavation, Class 10, Waste" - CATEGORY 2, 819.9 CY 8019 ADD item "Excavation, Class 10, Waste" - CATEGORY 3, 962.7 CY Earthwork Modification #3 0020 DECREASE item "Embankment -In -Place" - CATEGORY 1, 296.9 CY 0030 DECREASE item "Excavation, Class 10, Roadway and Borrow" - CATEGORY 4, 135.7 CY 0060 INCREASE item "Topsoil, Strip, Salvage and Spread" - CATEGORY 1, 2,166.0 CY 0060 INCREASE item "Topsoil, Strip, Salvage and Spread" - CATEGORY 2, 2,052.1 CY 0060 INCREASE item "Topsoil, Strip, Salvage and Spread" - CATEGORY 3, 1,585.2 CY 0060 INCREASE item "Topsoil, Strip, Salvage and Spread" - CATEGORY 4, 218.4 CY 8019 ADD item "Excavation, Class 10, Waste" - CATEGORY 1, 1,369.3 CY 8019 ADD item "Excavation, Class 10, Waste" - CATEGORY 2, 1,578.5 CY 8019 ADD item "Excavation, Class 10, Waste" - CATEGORY 3, 1,219.4 CY REASON FOR CHANGESEarthwork Modification #I - When the plan quantities were calculated there was an error in the units used when subtracting pavement removal quantities from earthwork quantities. Square Yards were used instead of Cubic Yards. Subtracting an area from a volume caused the Earthwork calculations to be incorrect. This affected Item 0020, Embankment -In -Place, Item 0030, Excavation, Class 10, Roadway and Borrow, and Item 0040, Excavation, Class 10, Waste. This also created the need for a price adjustment for additional quantity of Item 0040, Excavation, Class 10, Waste, this adjustment will be paid for under a new bid item. When the project was originally bid the Excavation, Class 10, Waste item was only used due to the Division Splits. The Excavation, Class 10, Waste material was able to be utilized in either Division 1 or Division 3 of the project. Therefore, this modification has made it so there is Excavation, Class 10, Waste in each division and zero Embankment -In -Place needed. With this said the Excavation, Class 10, Waste will now have to be deposited off-site vs. originally being used within the project limits. This would be classified as a Change in Character of Work and the Contractor would be allowed a price adjustment. The additional quantity of Excavation, Class 10, Waste will be paid for under Item 8019 at the adjusted Unit Price. Earthwork Modification #2 - During design the South roadway shoulder was increased from 3' to 5'. This modification was made in the typical cross sections but not reflected through to the corridor model. Therefore, when surfaces were compared to compute earthwork there was a difference in quantities. This affected Item 0020, Embankment -In -Place, Item 0030, Excavation, Class 10, Roadway and Borrow, and Item 0040, Excavation, Classl0, Waste. This also created the need for a price adjustment for additional quantity of Item 0040, Excavation, Class 10, Waste, this adjustment will be paid for under a new bid item. When the project was originally'bid the Excavation, Class 10, Waste item was only used due to the Division Splits. The Excavation, Class 10, Waste material was able to be utilized in either Division 1 or Division 3 of the project. Therefore, this modification bas made it so there is Excavation, Class 10, Waste in each division and zero Embankment -In -Place needed. With this said the Excavation, Class 10, Waste will now have to be deposited off-site vs. originally being used within the project limits. This would be classified as a Change in Character of Work and the Contractor would be allowed a price adjustment. The additionalquantity of Excavation, Change Order Details: Melrose Avenue / IWV Road Improvements (52-3715-668) 05/16/2022 Page 2 of 7 Awarded Project Amount Authorized Project Amount Change Order Amount Revised Project Amount Increases/Decreases Class 10, Waste will be paid for under Item 8019 at the adjusted Unit Price. Earthwork Modification #3 - During design topsoil areas were anticipated to be from gravel shoulder edge to grading limits line. However, once construction started and with all the utility relocation work taking place on-site there has been significantly more areas disturbed. This has increased the topsoil area to be Right-of-Way/Temporary Construction Easement to Gravel Shoulder edge. Quantities affected by this change are Item 0020, Embankment -In -Place, Item 0030, Excavation, Class 10, Roadway and Borrow, Item 0040, Excavation, Class 10, Waste, and Item 0060, Topsoil, Strip, Salvage and Spread. This also created the need for a price adjustment for additional quantity of Item 0040, Excavation, Class 10, Waste, this adjustment will be paid for under a new bid item. When the project was originally bid the Excavation, Class 10, Waste item was only used due to the Division Splits. The Excavation, Class 10, Waste material was able to be utilized in either Division 1 or Division 3 of the project. Therefore, this modification has made it so there is Excavation, Class 10, Waste in each division and zero Embankment -In -Place needed. With this said the Excavation, Class 10, Waste will now have to be deposited off-site vs. originally being used within the project limits. This would be classified as a Change in Character of Work and the Contractor would be allowed a price adjustment. The additional quantity of Excavation, Class 10, Waste will be paid for under Item 8019 at the adjusted Unit Price. $4,703,659.81 $4,675,738.59 $296,822.83 $4,972,561.42 ieetion: 0001--1Roadway Items ' 4.?;,. 0020 2102-2625000 EMBANKMENT -IN-PLACE CY $12.000 5,025.500 $60,306.00 -5,025.500 -$60,306.00 Reason: Quantities changed due to a shoulder connection point correction, unit conversion correction, and topsoil limits extended due to utility relocations. Change Order Details: Melrose Avenue / I W V Road Improvements (52-3715-668) 0.000 $0.00 05/1612022 Page 3 of 7 AVIA iet4 ,i0,) .'1• 52 -3715 -668 -CAT -I STP -U-3715(668)-70-52 52 -3715 -668 -CAT -2 STP -U-3715(668)-70-52 52 -3715 -668 -CAT -3 STP -U-3715(668)--70-52 52 -3715 -668 -CAT -4 STP -U-3715(668)-70-52 0030 2102-2710070 CY EXCAVATION, CLASS 10, ROADWAY AND BORROW $8.150 4,064.600 0.000 960.900 0.000 10,877.100 (' 1P:atW 'Viol -aim di undh gkIDetatls `�1 H}7t1t1,+ 548,77520 -4,064.600 448,775.20 0.000 50.00 0.000 50.00 0.000 50.00 511,530.80 -960.900 -511,530.80 0.000 $0.00 50.00 0.000 $0.00 0.000 $0.00 $88,648.37 16,383.900 $133,528.79 27,261.000 $222,177.16 ^++9,IlRl 50.00 Reason: Quantities changed due to a shoulder connection point correction, unit conversion correction, and topsoil limits extended due to utility relocations. 52 -3715 -668 -CAT -1 STP -U-3715(668)-70-52 52 -3715 -668 -CAT -2 STP -U-3715(668)-70-52 52 -3715 -668 -CAT -3 STP -U-3715(668)--70-52 52 -3715 -668 -CAT -4 STP -U-3715(668)--70-52 Funding Details`- '... • 3,343.800 $27,251.97 4,769.600 $38,872.24 8,113.400 6,505.900 $53,023.08 5,598.100 $45,624.52 12,104.000 891.700 57,267.36 6,151.900 $50,137.99 7,043.600 135.700 $1,105.96 -135.700 -$1,105.96 0.000 $0.00 566,124.21 598,647.60 $57,405.35 0060 2105-8425015 CY $6.000 7,276.200 $43,657.20 6,021.700 $36,130.20 13,297.900 $79,787.40 TOPSOIL, STRIP, SALVAGE AND SPREAD Reason: Quantities changed due to a shoulder connection point correction, unit conversion correction, and topsoil limits extended due to utility relocations. l:i 52 -3715 -668 -CAT -1 STP -U-3715(668)--70-52 52 -3715 -668 -CAT -2 STP -U-3715(668)-70-52 52 -3715 -668 -CAT -3 STP -U-3715(668)-70-52 Change Order Details: Melrose Avenue! IWV Road Improvements (52-3715-668) } 1,4 finding 2,242.600 513,455.60 2,166.000 512,996.00 2,527.300 $15,163.80 2,052.100 512,312.60 1,835.600 511,013.60 1,585.200 $9,511.20 4,408.600 526,451.60 527,476.40 3,420.800 520,524.80 4,579.400 05/16/2022 Page 4 of 7 -1 - [(Len �' C iit of C 601.91.0 igar1040, Armig, vanttrc ' nyni q_aviss `s !&.-Loitt, 52 -3715 -668 -CAT -4 STP -U-3715(668)--70-52 3 items New Items i ,Section: 0001.'Road W ay.Items, 8019 2102-2710090 EXCAVATION, CL 10, WASTE Totals 670.700 $4,024.20 $192,611.57 218.400 $1,310.40 $109,352.99 $14.350 889.100 $5,334.60 $301,964.56 $187,469.84 Reason: A price adjustment was needed for the additional waste created by the shoulder connection point correction, unit conversion correction, and topsoil limits extended due to utility relocations. The adjustment is warranted because the original bid quantity was to be used in another division within project limits. Now the material is not needed in those divisions and will have to be hauled off-site and disposed of by the contractor. The unit price is between the low ($0.50/CY) and average ($19.63/CY) bid prices shown in the February 2021 through March 2022 Iowa DOT Summary of Awarded Contract Prices. . Funding Detail.v. , 52 -3715 -668 -CAT -1 STP -U-3715(668)--70-52 1,369.300 514.350 $19,649.46 52 -3715 -668 -CAT -2 STP -U-3715(668)--70-52 6,298.200 $14.350 $90,379.17 52 -3715 -668 -CAT -3 STP -U-3715(668)--70-52 5,396.600 514.350 577,441.21 1 item Total: $187,469.84 Change Order Details: Melrose Avenue / IWV Road Improvements (52-3715-668) 05/16/2022 Page 5 of 7 • C.,Cuyarx, GVJU�LR�tI ' 4vs.f troitf3!1.'+vaPLf9 ' Funding Summary 52 -3715 -668 -CAT -2 STP -U-3715(668)-70-52 52 -3715 -668 -CAT -3 STP -U-3715(668)-70-52 52 -3715 -668 -CAT -1 STP -U-3715(668)-70-52 52 -3715 -668 -CAT -4 STP -U-3715(668)--70-52 4 fund packages. Change Order Details: Melrose Avenue / IWV Road Improvements (52-3715-668) $1,158,603.95 $1,055,439.47 $1,258,023.30 $1,231,593.09 $4,703,65,9.81. $1,109,990.71 $1,045,651.72 $1,242,758.04 $1,277,338.12 $075,738:59 $148,316.29 $125,559.60 $1,258,307.00 $1,171,211.32 $22,742.50 $1,265,500.54 $204.44 $1,277,542.56 $296,822.83, $4,972,561.42 05/16/2022 Page 6 of 7 Approved: Date: Project Inspector Approved: Date: Project Engineer Receipt is acknowledged of this change or extra work order and terms of settlement are hereby agreed to. Contractor By: Date: City of Iowa City Approval: Date: Change Order Details: 05/16/2022 Melrose Avenue / IWV Road Improvements (52-3715-668) Page 7 of 7 Item Number: 6.n. 4CITY OF IOWA CITY !kr4gi,'��� COUNCIL ACTION REPORT May 17, 2022 Resolution approving, authorizing and directing the Mayor to execute and the City Clerk to attest an Agreement by and between the City of Iowa City and Strand Associates, Inc. of Madison, WI to provide engineering consultant services for the Collector Well #2 Cleaning and Upgrading Project. Prepared By: Scott Sovers, Asst. City Engineer Reviewed By: Jon Durst, Water Superintendent Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $74,900, available in the Collector Well No. 2 Cleaning and Upgrading account #W3322 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Agreement Executive Summary: This agreement authorizes Strand Associates, Inc. to provide design, bidding, and construction - related services for the rehabilitation and upgrade of Collector Well No. 2. The project will generally include cleaning of existing lateral screens, capping portions of nonproducing lateral sections, evaluation of existing pumps, rehabilitation or replacement of existing pumps, and installation of additional screened laterals. The objective of this project is to increase the raw water production of the well. Background /Analysis: There are five (5) existing collector wells, all constructed and placed online in 2003. Collector wells are the primary source of raw water supply for the water treatment facility. Collector wells draw Iowa River water through the river bank providing a high-quality raw water source (low organics, low turbidity) that directly contributes to the high-quality drinking water provided to our citizens. The work to be completed as a part of this project was recommended by the 2019 collector well rehabilitation study. This project will allow for greater resiliency of the City's source water and maintain the assets built in 2003. ATTACHMENTS: Description Resolution Agreement Prepared by: Scott Sovers, Assistant City Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5142 Resolution No. 22-135 Resolution approving, authorizing and directing the Mayor to execute and the City Clerk to attest an Agreement by and between the City of Iowa City and Strand Associates, Inc. of Madison, WI to provide engineering consultant services for the Collector Well #2 Cleaning and Upgrading Project. Whereas, the City would like to perform maintenance and improvements on Collector Well No. 2 through rehabilitation and/or replacement of the laterals and replacement and/or repair of pumping equipment to maintain performance; and Whereas, Strand Associates, Inc, hereinafter referred to as the Consultant, will provide design, bidding, and construction -related services for the Collector Well No. 2 Project; and Whereas, the City issue a Request for Qualifications, On -Call Professional Design and Engineering Services (2020-2022), May 1, 2020, to private consulting firms interested in providing design and engineering services related to public improvement projects in the City of Iowa City; and Whereas, submittals were received from consulting firms and evaluated by a selection committee; and Whereas, Consultant was selected based on qualification, key personnel, project approach, and fees and rates; and Whereas, funds are available in the Collector Well No. 2 Cleaning and Upgrading Project, Account #W3322. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement. 3. The City Manager is authorized to execute amendments to this contract as they may become necessary. Passed and approved this 17 th day of May , 2022 Attest: May c ar Approved i City Jerk A City Attorney' Office (Sara Greenwood Hektoen — 05/11/22) Resolution No. 22-135 Page 2 It was moved by Taylor adopted, and upon roll call there were: and seconded by Thomas the Resolution be Ayes: Nays: Absent: x y x x x x x Alter Bergus Harmsen Taylor Teague Thomas Weiner Consultant Agreement This Agreement, made and entered into this 17th day of May 2022 by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Strand Associates, Inc., of Madison, Wisconsin, hereinafter referred to as the Consultant. Whereas, the City would like to perform maintenance and improvements on Collector Well No. 2 through rehabilitation and/or replacement of the laterals and replacement and/or repair of pumping equipment to maintain performance; and Whereas, Consultant will provide design, bidding, and construction -related services for the Collector Well No. 2 project; and Whereas, the City issued a Request for Qualifications, On -Call Professional Design and Engineering Services (2020-2022), May 1, 2020, to private consulting firms interested in providing design and engineering services related to public improvement projects in the City of Iowa City; and Whereas, submittals were received from consulting firms and evaluated by a selection committee; and Whereas, Consultant was selected based on qualifications, key personnel, project approach, and fees and rates; and Whereas, funds are available in the Collector Well No. 2 Cleaning and Upgrading, Account No. W3322. Now Therefore, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. Scope of Services Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. Design Services 1. Facilitate and provide meeting minutes for a kickoff meeting with City to discuss project objectives, rehabilitation methods, and project approach. 2. Review existing well inspection reports and documentation provided by the City. 3. Prepare 50 percent technical specifications and drawings to rehabilitate Collector Well No. 2, including abandonment of the shallow portion of the two existing laterals, rehabilitation of the remainder of the existing laterals, installation of two new 12 -inch -diameter laterals, lift point modifications, and replacement or repair of pumping equipment, and submit to City for review. Site plan and floor plan drawings will be prepared using City -provided drawings. The technical specifications will include protocols for preconstruction inspection of the proposed work and postconstruction video and performance testing by contractor. Provide documents to City at least three working days prior to the teleconference. Participate in one teleconference to discuss City comments. -2- 4. Prepare 90 percent draft bidding documents of Collector Well No. 2 rehabilitation and pumping equipment replacement or repair using City -provided front-end documents and submit to City for review. Provide documents to City at least three working days prior to the review meeting teleconference. Participate in one teleconference with City to review comments and incorporate agreed-upon changes into the draft bidding documents. 5. Prepare final bidding documents using City -provided front-end documents, the State of Iowa's Statewide Urban Design and Specifications (SUDAS) supplemental specifications, City of Iowa City -adopted design specifications, and technical specifications and drawings not covered under the SUDAS and City of Iowa City specifications. Provide the City with up to two hard copies and one electronic copy of the final stamped drawings and specifications. 6. Prepare an opinion of probable construction cost for the project and submit to City at 50 and 90 percent design milestones. 7. Prepare a site-specific Well Water Pollution Prevention Plan in accordance with Iowa Department of Natural Resources General Permit No. 6 for Collector Well No. 2, as necessary, for well water discharge during rehabilitation activities. 8. Review updated well performance data as provided by the contractor. Submit one hard copy and one electronic version of the update to the City for use in amending the existing Well Study portable document format file and hard copy binder. Bidding -Related Services 1. Attend and facilitate a prebid meeting. 2. Prepare addenda, as necessary, and answer questions during bidding. 3. Assist the City in the award of the Construction Contract, including a bid evaluation letter. Construction -Related Services 1. Provide contract administration services including attendance at an on-site preconstruction conference, review of contractor's shop drawing submittals, review of contractor's periodic pay requests, attendance at up to two virtual construction progress meetings, and responding to questions from Contractor and City. 2. Review and respond to requests for information from contractor, if necessary. Develop contractor request for quotation for the City, if necessary. Develop information to contractor, if necessary. 3. Assist the City with part-time observation of construction. A total of four visits to the well site are included. These visits will be to observe key rehabilitation steps at various times during construction, to develop a list of items to be completed or corrected by contractor, and to attend construction progress meetings. In furnishing observation services, Consultant's efforts will be directed toward determining for City that the completed project will, in general, conform to the contract documents; but Consultant will not supervise, direct, or have control over the contractor's work and will not be responsible for the contractor's construction means, methods, techniques, sequences, procedures, or health and safety precautions or programs, or for the contractor's failure to perform the construction work in accordance with the contract documents. II. Time of Completion The Consultant anticipates completing the following phases of the Project in accordance with the schedule shown. -3 - Project Schedule Task Completion Kickoff Meeting Week of May 23, 2022 Fifty percent Design Documents to City June 30, 2022 Fifty percent Design Review Meeting July 13, 2022 Ninety Percent Design Documents to City August 19, 2022 Ninety Percent Design Review Meeting August 31, 2022 Final Design Documents to City September 19, 2022 Set Public Hearing September 27, 2022 Public Hearing to Approve Bidding Documents October 11, 2022 Advertisement to Bid Week of October 17, 2022 Bid Opening Week of November 7, 2022 Award of Construction Contract Week of November 21, 2022 Contract Execution Complete Week of December 19, 2022 Preconstruction Meeting Week of December 19, 2022 Construction Completion for Collector Well No. 2 Week of October 30, 2023 III. Compensation for Services City shall compensate Consultant for Services on an hourly rate basis plus expenses a not to exceed fee of $74,900. The fee for the Services is based on wage scale/hourly billing rates that anticipates the Services will be completed as indicated. Principal Engineer Senior Project Manager Project Managers Project Engineers and Scientists Engineering Technicians and Draftspersons Administrative IV. General Terms Hourly Billing Rates $284 to $365 $196 to $292 $109 to $217 $ 90 to $138 $ 48 to $157 $ 99 Average A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. Should the City terminate this Agreement, the Consultant shall be paid for all services performed up to the time of termination. However, such sums shall not be greater than the "not -to -exceed" amount listed in Section III. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. -4- C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend meetings of the City Council relative to the services set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. Meetings in addition to those provided in Section I, Scope of Services, shall be considered additional services. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. The Consultant agrees to furnish all reports, specifications, and drawings with the seal of a licensed professional as required by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City, upon notification to the Consultant, to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this Agreement, Consultant acknowledges that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this Agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. -5- 0. Indemnification 1. To the full extent permitted by law, Consultant agrees to defend, indemnify, and hold harmless the City against any and all claims, demands, suits, loss, expenses, including attorney's fees, and for any damages which may be asserted, claimed or recovered against or from the City by reason of personal injury, including bodily injury or death, and property damages, including loss of use thereof, caused by Consultant's negligent acts, errors or omissions in performing the work and/or services provided by Consultant to the City pursuant to the provisions of this Agreement. 2. Consultant assumes full responsibility for any and all damage or injuries which may result to any person or property by reason of Consultant's negligent acts, errors or omissions in connection with the work and/or services provided by Consultant to the City pursuant to this Agreement, and agrees to pay the City for all damages caused to the City's premises resulting from the negligent acts, errors or omissions of Consultant. 3. The Consultant's obligation to indemnify the City shall not include the obligation to indemnify, hold harmless, or defend the City against lability, claims, damages, losses, or expenses, including attorney fees, to the extent caused by or resulting from the negligent act, error, or omission of the City. 4. For purposes of this paragraph, the term "Consultant" means and includes the Consultant, its officers, agents, employees, sub -consultants, and others for whom Consultant is legally liable, and the term "City" means and includes the City of Iowa City, Iowa its Mayor, City Council members, employees, and volunteers. P. Insurance 1. The Consultant agrees at all times material to this Agreement to have and maintain professional [ability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions in the sum of $1,000,000 Per Claim, $1,000,000 Annual Aggregate, or a $1,000,000 Combined Single Limit. To the fullest extent permitted by applicable state law, a Waiver of Subrogation Clause (endorsement) shall be added. 2. Consultant agrees to provide the City a certificate of insurance evidencing that all coverages, limits and endorsements required herein are maintained and in full force and effect, and certificates of Insurance shall provide a minimum thirty (30) day endeavor to notify, when available by Consultant's insurer. If the Consultant receives a non -renewal or cancellation notice from an insurance carrier affording coverage required herein, or receives notice that coverage no longer complies with the insurance requirements herein, Consultant agrees to notify the City within five (5) business days with a copy of the non -renewal or cancellation notice. Q. Standard of Care 1. The Consultant shall perform services for, and furnish deliverables to, the City pertaining to the Project as set forth in this Agreement. The Consultant shall possess a degree of learning, care and skill ordinarily possessed by reputable professionals, practicing in this area under similar circumstances. The Consultant shall use reasonable diligence and professional judgment in the exercise of skill and application of learning. -6- 2. Consultant represents that the Services and all its components shall be free of defects caused by negligence; shall be performed in a manner consistent with the standard of care of other professional service providers in a similar Industry and application; shall conform to the requirements of this Agreement; and shall be sufficient and suitable for the purposes expressed in this Agreement. 3. All provisions of this Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. 4. Consultants obligations under this Section shall exist without regard to, and shall not be construed to be waived by, the availability or unavailability of any insurance, either of City or Consultant. R. There are no other considerations or monies contingent upon or resulting from the execution of this Agreement, it is the entire Agreement, and no other monies or considerations have been solicited. S. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Iowa. Any legal proceeding instituted with respect to this Agreement shall be brought in a court of competent jurisdiction in Johnson County, Iowa. The parties hereto hereby submit to personal jurisdiction therein and irrevocably waive any objection as to venue therein, including any argument that such proceeding has been brought in an inconvenient forum. For the City By: Title: Date: 05/17/2022 Attest: For the Consultant By: Title: Corporate Secretary Date: 5t7/2z- Approved �`l/ L Approved by: cA 4A a ALULn ma 1444. City Attorne 's Office / C if Date Item Number: 7.a. CITY OE IOWA CITY www.icgov.org May 17, 2022 Motion setting a public hearing for June 6, 2022 for a rezoning of approximately 4.7 acres to Neighborhood Public (P-1) zone. (REZ22-0005) ATTACHMENTS: Description PZ Staff Report STAFF REPORT To: Planning and Zoning Commission Prepared by: Anne Russett, Senior Planner Item: REZ22-0005 Date: May 4, 2022 GENERAL INFORMATION: Applicant: Civil Engineering Consultants, Inc Marty Dostalik dostalik(a�ceclac.com Contact Person: Lillis O'Malley Chris Pose cpose@lolaw.com Owner: Lake Calvin Properties, LLC & Sycamore Apartments Requested Action: Purpose: Location: Location Map: Size: Rezoning to Neighborhood Public (P-1) Development of an electric substation South of Lehman Ave and west of the Sycamore Greenway Approximately 4.7 acres Existing Land Use and Zoning: Undeveloped / Agriculture, Interim Development -Multi -Family (ID -RM) Zone Surrounding Land Use and Zoning: North: Undeveloped / Agriculture, ID - RM South: Undeveloped / Agriculture, ID -RM East: Undeveloped / Agriculture, ID - RM West: Undeveloped / Agriculture, Interim Development Single -Family (ID -RS) 2 Comprehensive Plan: District Plan: Neighborhood Open Space District: Public Meeting Notification: File Date: 45 Day Limitation Period: 2-8 Dwelling Units per Acre South District, Form -Based Land Use N/A Staff posted rezoning signs and send out neighbor letters to property owners and individuals residing within 500' of the proposed rezoning 3/31/2022 5/15/2022 BACKGROUND INFORMATION: The applicant, MidAmerican Energy Company, has requested a rezoning of approximately 4.7 acres of undeveloped land in the South District to Neighborhood Public (P-1) zone in order to develop an electric substation for the area. MidAmerican Energy Company has been searching for an appropriate location for an electric substation in south Iowa City and has identified the property south of Lehman Avenue and west of the Sycamore Greenway. In addition to the proposed rezoning, the applicant has also submitted a County Conditional Use Permit application for a different location north of Lehman Avenue (CREZ21-0004). While the Planning and Zoning Commission and City Council will review that application and provide a recommendation to the County Board of Adjustment, the final decision is made by the County. At the Planning & Zoning Commission's April 20, 2022 meeting, the Commission considered a text amendment to the P-1 zone. The proposed amendment would allow basic utility uses, such as an electric substation, by special exception in the P-1 zone. The Commission recommended approval of the text amendment. The City Council will likely hold a public hearing on May 17, 2022 to consider the text amendment. The applicant chose not hold a Good Neighbor meeting, but did reach out to neighboring property owners (Attachment 5). ANALYSIS: Current Zoning: The property is currently zoned Interim Development -Multi -Family (ID -RM). The purpose of the ID -zones is to provide for areas of managed growth in which agricultural and other nonurban uses of land may continue until such time as the city is able to provide city services and urban development can occur. The interim development zone is the default zoning district to which all undeveloped areas should be classified until city services are provided. Upon provision of city services, the city or the property owner may initiate rezoning to zones consistent with the comprehensive plan. The ID -RM zone allows a limited number of land uses, including but not limited to single-family residential, plant related agriculture, animal related commercial uses, religious institutions, and communication transmission facilities. Basic utility uses are not allowed in the ID -RM zone. 3 Proposed Zoning: The P-1 zone has historically been used to identify land owned by public entities. However, staff has proposed an amendment to the P-1 zone (REZ22-0002) in order to focus less on ownership and more on land use. With the proposed amendment basic utility uses would be allowed subject to a special exception, which would need to be reviewed and approved by the Board of Adjustment. Staff is recommending a condition of the rezoning that prior to site plan approval, the owner shall prepare an Auditor's Plat of Survey to align with the rezoning boundaries. Compliance with Comprehensive Plan: The South District Plan future land use map identifies the subject property as being appropriate for form -based land uses, primarily Transect 3: Suburban Neighborhood General and a small portion of Transect 4: General Urban Neighborhood Medium. The Comprehensive Plan future land use map shows the area as residential development at 2-8 Dwelling Units Per Acre. The South District Plan also includes a conceptual vision of a highly interconnected trail and street network. Due to the nature of this development, the large site required and the proposed use, the street network identified in the area of the proposed rezoning is not practical. That said, if the area surrounding the proposed substation is developed under the form -based zone regulations a highly interconnected street network will emerge around the substation. The Comprehensive Plan contains policies for growth and infrastructure that guide development, including how public funds for infrastructure and improvements should be invested. The focus of the City's growth 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. Goals throughout the plan reflect these policies, such as the housing strategy to "Concentrate new development in areas contiguous to existing neighborhoods where it is most cost effective to extend infrastructure and services." While most strategies do not speak directly to infrastructure provision, they emphasize the importance of well-planned utilities, without which the City could not continue to grow and thrive. The South District Plan also includes policies related to the development of new neighborhoods, including the need for compact development that features a mix of housing types and small neighborhood nodes. While the proposed location of the electric substation is not contiguous with existing development, the location is more suitable for a basic utility use because it is near existing transmission lines and is adjacent to the 1,000 -foot buffer from the wastewater treatment plan. The plan notes that future growth near the wastewater treatment plant buffer area should "take its proximity into consideration prior to development." It is also located within City limits and provides a critical piece of infrastructure that paves the way for future growth in the South Planning District. In addition, installing a substation prior to the surrounding neighborhood, those moving to the area are aware of its presence in advance, rather than locating an electric substation near or within an existing neighborhood. Compatibility with Neighborhood: The proposed rezoning is in a location that has not yet been developed. The land immediately surrounding the site remains undeveloped. The closest residential development is to north of Lehman Avenue. Environmentally Sensitive Areas: Based on the information provided by the applicant it is staff's understanding that the site contains hydric soils. Staff has requested that the applicant submit a sensitive areas development plan along with a wetlands delineation report. It is staff's understanding that the wetland report will be available prior to the May 4th Planning and Zoning Commission meeting. 4 Access and Street Design: Access to the site will be provided via Lehman Avenue. Lehman Avenue is currently unimproved at the access point to the proposed substation. Therefore, staff recommends a condition that prior to site plan approval, the owner extends Lehman Avenue to the access point of the substation with chip seal materials approved by the City Engineer. Staff also recommends as a condition of the rezoning that the owner demonstrates to the City access to the subject property from Lehman Avenue, which may be in the form of a Temporary Public Access Easement agreement. The access easement shall be released upon dedication of right- of-way when the land is final platted. Such access area shall be in a location approved by the City Engineer and in a form approved by the City Attorney's Office. Neighborhood Open Space: The proposed rezoning will not result in residential development; therefore, the neighborhood open space provisions do not apply. Storm Water Management: Compliance with the City's storm water management ordinance will be determined upon review of a site plan. If the applicant decides that it does not want to provide storm water management on-site, they will be required to obtain an easement over and across adjacent land to allow overland flow of storm water to the Sycamore Greenway, which acts as a regional stormwater detention facility. NEXT STEPS: Upon recommendation from the Planning and Zoning Commission, the City Council will set a public hearing to consider the rezoning application. STAFF RECOMMENDATION: At this time staff is still awaiting receipt of a wetlands delineation report. In order to recommend approval of the rezoning as proposed the wetlands report must make a determination that no wetlands are present and be approved by the U.S. Army Corp of Engineers. If the applicant can demonstrate these items are satisfied, staff recommends approval of REZ22- 0005, an application to rezone approximately 4.7 acres of land south of Lehman Ave and west of the Sycamore Greenway to the Neighborhood Public (P-1) zone, subject to the following conditions: 1. Prior to site plan approval, Owner shall cause Lehman Avenue to be extended through any access point established for the subject property with chip seal materials, subject to approval of the construction plans by the City Engineer. 2. Prior to site plan approval, Owner shall have prepared, approved by the City, and recorded an Auditor's Plat of Survey to align with the rezoning boundaries. 3. Prior to site plan approval Owner shall demonstrate to the City that it has vehicular access to the subject property from Lehman Avenue, which may be in the form of a Temporary Public Access Easement agreement, which shall be released upon dedication of right-of- way when the servient land is final platted. Such access area shall be in a location approved by the City Engineer and in a form approved by the City Attorney's Office. ATTACHMENTS: 1. Location Map 2. Aerial Photograph 3. Applicant Statement 4. Applicant Sketch of Site 5. Applicant Neighbor Meeting Summary Approved by: Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services 0 0.05 0.1 0.2 Miles I i LI I REZ22-0005 MidAmerican Energy Company Substation 1 I cori CITY OF IOWA CITY Prepared By: Emani Brinkman Date Prepared: April 2022 SYCAMORE ST SE KOUNTRY, LN HARMONY LN SE ANDERSON AVE SE LLOYD AVE SE Ur, An application submitted by submitted by Civil Engineering Consultants, Inc., on behalf of MidAmerican Energy Company for approval of a rezoning of approximately 4.7 acres of property located at Lehman Avenue from Interim Development Multi -Family Residential (ID -RM) to Neighborhood Public Zone (P-1). LILLIS O'MALLEY OLSON MANNING POSE TEMPLEMAN LLP ATTORNEYS AT LAW (ESTABLISHED 1917) 317 SI cm AVENUE, SurrE 300 DES MOINES, IOWA 50309-4127 MICHAEL W. O'MALLEY EUGENE E. OLSON DANIEL L. MANNING, SR. CHRISTOPHER R. POSE JOEL B. TEMPLEMAN• DANIEL M. MANNING, JR. 'LICENSED IN IOWA & ILLINOIS Via Email Ann Russett Senior Planner City of Iowa City 410 East Washington Street Iowa City, Iowa 52240-1826 TELEPHONE (515) 243-8157 FAX (515) 243-3919 W W W.LILLISOMALLEY.COM Writer's Email Address: cpose@lolaw.com March 31, 2022 JOHN CONNOLLY, JR. (1891-1975) GEORGE E. O'MALLEY (1905-1982) JOHN CONNOLLY III (1918-1998) BERNARD J. CONNOLLY (1920-1970) C. I. MCNUTT (1901-1958) STREETAR CAMERON (1957-2008) WILLIAM J. LILLIS (1943-2019) Re: REZ22-005 — Applicant Statement Dear Ann: On behalf of MidAmerican Energy Company, I provide the following statement as to why the zoning change is warranted. MidAmerican Energy Company has been seeking a substation site in this area since 2015. The substation is an essential piece of infrastructure to serve the area and growth needs of the South District Comprehensive Plan. After conversations with the City, it was determined that the present site which is adjacent to an existing transition line and adjacent to the future wastewater treatment area buffer park would be a suitable location for an electric substation. This rezoning to a P-1 district classification will provide an essential item of public infrastructure which will serve electric distribution needs for the surrounding area. If you have any questions concerning this application, please don't hesitate to contact me. Sincerely, X1/4,9 Christopher R. Pose For the Firm CRP/ta CC: Marty Dostalik Mike Pugh Dawn Carlson Jon Austin rP: E -FILES E-8000 E8314 _ 3D Drawin•s Base Desi.n Files La out E8314 Iption Plan.dw., 3 29 2022 12.04:17 PM, mdostalik, 1:. \ c j ( / d > -'- (v4xFt,--- _-_-- \ ) / ) v // ,i/-----___-NNN NN \ /_i(/ 4v7iii �% �' \�� \\ \ � \-i-__ ._- \ 77 — --- \ \\\\ N — V 4 \`' i/f(\AT7-/2/. / (\A 7)//2---.)\\A\\\\-Y-L_.-) k--' ' �/�/i/,jai , \ \\\\�\\ �\ ( i / \- (-- �\ -��'��/� i ( \ 1\ \\\\ < \ moi' ^� )2) ' -• r',, c ( 1 ' \\ /,/-- Q(4 / )! i 1 -=---__ z 8 \ ) ) ))) \ 7---- //. -, , , --____ ,, z' ) 1 ) ) A /ii,\\\\,(70(/(/c i((//i \. _____ ( ( VL \�1)\\ 0:0 / �l �/ i ( l lt/ ) ( c \j/ / / �� / / / / ) -_______ ) 1 1_\Y/ z y 7 ( /z ---. (j \// / St° // /7/7/ 7 I� ) 41. OWNER: SYCAMORE APARTMENTS ACCESS STRIP (SYCAMORE APTS.) /6.50 AG. MAIN SUB TRACT (LAKE GALVIN PR_OPF) 5.90 AG. TOTAL 4.10 AG. AREAS TO BE REZONED AS AME CEO' P -IJ 690.5' ?041.9' AUDITO'R'``SIIPARZ`€L #20 151 OWNER: LAKE G LVIN ROPER T S, L.L.G. (VVVI / l i y / z - // z ( v z/, // „ 7 zz/z - z / z/vz. / 77 / / // / / / z- 7 1 7, //// . / , i( // z ( ( r i /, /„,////// SCALE: I"=120' oixm7 SCALE: I"=bO' (22"x349 0 20• 40• 60' 120• NORTH �D�L•bliYY. tvt Engineering Consu tants, Inc . r• i N L w ■ a SHEET OF I 1 z 7�9C9Ci�7=SE E-8314 1 z LILLIS O' MALLEY OLSON MANNING POSE TEMPLEMAN LLP ATTORNEYS AT LAW (ESTABLISHED 1917) 317 SIXTH AVENUE, SUITE 300 DES MOINES, IowA 50309-4127 MICHAEL W. O'MALLEY EUGENE E. OLSON DANIEL L. MANNING. SR. CHRISTOPHER R. POSE JOEL B. TEMPLEMAN* DANIEL M. MANNING. JR. 'LICENSED IN IOWA & ILLINOIS TELEPHONE (515) 243-8157 FAX (515) 243-3919 wW W.LILLISOMALLEY.COM Writer's Email Address: cpose@lolaw.com April 19, 2022 Via Email: arussett@iowa-city.org Anne Russett Senior Planner City of Iowa City 410 East Washington Street Iowa City, Iowa 52240-1826 Re: REZ22-005 — Good Neighbor Meeting Report Dear Anne: In accordance with the spirit of the City's "Good Neighbor the following report. MidAmerican Energy Company agrees this policy furthers issues. We encouraged dialogue with owners surrounding the site. The following owners of land are present near the site: Sycamore Apartments n/k/a Sycamore LLC Sycamore Farms Company Pleasant Valley LP JOHN CONNOLLY. JR. (1891-1975) GEORGE E. O'MALLEY (1905-1982) JOHN CONNOLLY III (1918-1998) BERNARD J. CONNOLLY (1920-1970) C. I. MCNUTT (1901-1958) STREETAR CAMERON (1957-2008) WILLIAM J. LILLIS (1943-2019) Policy" I am providing you good will and resolving of Tenants: Within the Sycamore apartments there are 140 apartment units. We conferred with Sycamore LLC on whether or not these tenants should be notified. Sycamore LLC indicated that the tenants in the apartments have lease terms of one (1) year or less and did not see the need for dialogue with these tenants as part of this process. To comply with their wishes and our understanding that we are better off dialoging with owners we did not notify these tenants or hold any kind of meeting with them. Meetings were held in person and as follows: A. Summary of meeting with Pleasant Valley L P regarding the proposed Lake Calvin substation site. Dawn Carlson, MEC Right of Way Services, and Jon Austin, MEC Substation LILLIS O'MALLEY OLSON MANNING POSE TEMPLEMAN, LLP April 19, 2022 Page 2 Engineering, met with Pleasant Valley L P, (Aledo Feuerbach) on April 13. We discussed at length the proposed substation site located west of the Pleasant Valley property. Pleasant Valley's primary concern was how the substation will be screened from view. We reviewed a similar substation landscaping plan and the types of plantings typically used. Pleasant Valley requested we maximize the screening by using taller trees if possible. Pleasant Valley suggested Norwegian Spruce as a fast growing evergreen variety. We noted the overhead transmission lines limit the height of plantings we can use with in the transmission corridor. The landscaping will be per Iowa City standards at a minimum. B. Meetings and discussions with Sycamore Apartments LLC and Sycamore Farms Company have been held on numerous occasions before the application was filed. Sycamore LLC is a Seller of land to MidAmerican Energy Company for this project and is intricately involved in all project details and discussions. Sycamore LLC has consented to the rezoning request and this development subject to conditions as listed in the parties Purchase Agreement which include: (1) The City buying the wastewater treatment buffer land to the south and; (2) the City reviewing comprehensive plan designations for remaining land after the City buffer purchase and the MidAmerican Energy Company substation purchase. Please contact me if you have any questions regarding this report. Sincerely, Christopher R. Pose For the Firm CRP/ta Cc: Michael Pugh (Via email) Item Number: 7.b. CITY OE IOWA CITY www.icgov.org May 17, 2022 Motion setting a public hearing for June 6, 2022 to consider an ordinance amending Title 14, Zoning Code to clarify requirements and ensure compliance with changes to State law. (REZ22-0004) ATTACHMENTS: Description P&Z Staff Report Packet 04-20-2022 P&Z Minutes 04-20-2022 t ''=,,.®ork, CITY OF IOWA CITY MEMORANDUM Date: April 20, 2022 To: Planning & Zoning Commission From: Kirk Lehmann, Associate Planner, Neighborhood & Development Services Re: Zoning Code Amendment (REZ22-0004) related to code clean-up items Introduction The Iowa City Zoning Code (Title 14) and Subdivision Code (Title 15) are subject to alteration and clarification as situations and circumstances change throughout the City. The proposed ordinance (Attachment 1) addresses many issues that have come to light with various aspects of code language and how the code is applied. This code clean-up amendment serves to align the code with State law, to clarify language and expectations throughout the code, and to update standards. Background Staff maintains a list of amendments that need to be made to the Zoning and Subdivision Codes based on discussions between City staff. The amendments proposed in this memo are mostly minor and provide clarification to those who depend on this document to make and understand important City-wide decisions. In cases where the proposed amendments are more substantive, they are responding to changes in State law. Proposed Amendments The proposed code amendments and reasoning for each is detailed below. 1) Add Pedestrian Circulation Requirement for Redevelopment (14-2A-6 and 18-3-2F) Summary of Change: The proposed amendment would add a provision regarding pedestrian circulation to the single-family site development standards and the site plan review design standards. This would allow the City to require the construction of sidewalks in abutting public rights-of-way where it will improve connectivity in the sidewalk network. Justification: Currently, infill and redevelopment projects are not always required to add sidewalks where they do not already exist, except in certain situations such as through Conditional Zoning Agreements. The proposed amendment allows the City to expand the sidewalk network in such a way as to improve pedestrian connectivity. It is incorporated into the single-family site development standards (Section 14-2A-6) to ensure it applies to single-family and duplex properties and the site plan standards (Title 18) to ensure it applies to multi -family and commercial properties. However, requiring a sidewalk in some areas that were developed without a sidewalk network would not improve connectivity. In those cases, the City could choose not to require the construction of sidewalks. April 20, 2022 Page 2 2) Clarify Historic Preservation Exception Applicability (14 -2A -7B, 14 -2B -8A, and 14- 2C -11A) Summary of Change: The code allows the Board of Adjustment to grant a special exception to waive or modify dimensional or site development standards or approval criteria in residential and commercial zones that would the prevent use or occupancy of a property designated as an Iowa City landmark or registered in the National Register of Historic Places. The proposed amendment would clarify that this includes properties located in a Local Historic District. Justification: Staff recommends the proposed amendment to clarify that properties in a Historic District Overlay (OHD) zone will be regulated consistently with properties individually zoned as Historic Landmarks for the purposes of qualifying for the flexibility offered by this special exception. 3) Clarify Form -Based Code Design Review Only Applies in Riverfront Crossings (14- 3C -2A and 14-3C-3) Summary of Change: The Design Review section that applies within Riverfront Crossings currently uses the term "Form Based Code Districts". The proposed amendment would clarify that this provision is intended only for use within Riverfront Crossings zones. Justification: Riverfront Crossings was the first use of form -based standards in Iowa City. Due to the scale of buildings allowed in the district, design review was required for construction or alteration of buildings. In October 2021, the City adopted additional form - based standards for development in greenfield sites, starting with the South District. The standards for these Form -Based Zones are administered through building permit and/or site plan review, not design review. As such, staff recommends clarifying that design review for form -based codes only applies to the Riverfront Crossings District. 4) Align Variance Approval Criteria with State Law (14 -4B -2A) Summary of Change: The code provides five approval criteria that must be met for the Board of Adjustment to grant a variance, but these criteria do not align with the State law that empowers Cities to grant variances. The proposed amendment revises the approval criteria to align with the findings required by State Code and Iowa courts to grant a variance. Justification: The revised approval criteria in the proposed amendment will clarify for the Board, staff, and applicants what criteria must be met for the City to grant a variance. 5) Clarify Utility -Scale Ground -Mounted Solar Energy Systems Buffer (14 -4B -4D -18a) Summary of Change: Utility -Scale Ground -Mounted Solar Energy Systems are allowed provisionally or by special exception in a range of non-residential zones. One of the approval criteria is that any utility -scale ground -mounted solar energy systems must be at least 200 feet from any residential zone. The proposed amendment clarifies that the 200 feet is measured from the property line for the property zoned residential. Justification: The proposed amendment adds clarity as to how to measure the 200 -foot buffer, which staff has questioned in the past. April 20, 2022 Page 3 6) Clarify Standards for Bicycle Parking Spaces (14 -5A -5K) Summary of Change: The Zoning Code requires bicycle parking but has limited information on the size and location of bicycle parking spaces. The proposed amendment incorporates the following additional standards to ensure appropriate bicycle parking: • 1.5 -foot by 6 -foot minimum parking space size requirement; • A minimum access aisle width of 4 feet; • Installation of bicycle parking racks at least 2 feet from any curb, pavement edge, parking space, drive, walkway, or obstruction; and • Specifying that bicycle parking facilities must be in a visible location. Justification: It is currently challenging for staff to review site plans for bicycle parking, especially in large multi -family buildings. The proposed amendment mirrors standards from the "Essentials of Bike Parking" (2015) by the Association of Pedestrian and Bicycle Professionals to establish standards for the size of bicycle parking spaces and aisles, for the distance of bicycle parking racks from obstructions, and for the need for visibility. 7) Remove Special Provisions for Privately -Owned Signs in Public Places (14-5B-10) Summary of Change: Staff proposes deleting the two existing special provisions regarding privately -owned signs in public places. Justification: One special provision is redundant by cross-referencing the regulation of signs associated with parades and other similar uses. The other gives the City Manager authority to allow signs in public places, which may violate the State Code requirements for conveying an interest in public property for private use. 8) Clarify Definition for Family (14-9A-1) Summary of Change: Family is currently defined as one person or two or more persons related by blood, marriage, adoption or placement by a governmental or social service agency, occupying a dwelling unit as a single housekeeping organization. It also includes up to two persons not related by blood, marriage or adoption or up 8 persons with verifiable disabilities who are occupying a dwelling unit as a single housekeeping organization. The proposed amendment would replace this definition with one or more persons that meet the definition of household in the Zoning Code. Justification: On January 1, 2018, a law limiting the ability of cities to set occupancy restrictions for residential rental property based upon the existence of familial or non- familial relationships between occupants went into effect (codified at Section 414.1(1)(b) of the Iowa Code). Prior to that, the City limited occupancy through its definition of family. Following the change in State law, the City has effectively utilized family and household synonymously. This proposed change codifies the interpretation that has been utilized since the State Code change and helps to further the City's fair housing goals by accounting for a wider variety of household arrangements. 9) Clarify Definition for Tree (14-9A-1) Summary of Change: Small trees are defined as generally attaining a height at maturity of up to 50 feet while large trees are defined as generally attaining a height at maturity greater than 40 feet. The proposed amendment redefines small trees as having a height up to 30 feet and large trees as having a height over 30 feet. April 20, 2022 Page 4 Justification: There are currently overlapping heights in the code's definition for small and large trees. The proposed amendment clarifies that a small tree be considered as having a height up to 30 feet, as recommended by the City's Parks and Forestry Division, with a large tree being taller than that. This will have a small impact on the number of trees required by the City's landscaping standards where the standard varies by the size of tree. 10) Align Standards for Short -Term Rentals with State Law (14-4A, 14 -4B -1A-13, 14 -4C - 2D, 14 -4C -2E, and 14-9A-1) Summary of Change: The Zoning Code includes several definitions and requirements relating to residential units being rented for periods of 30 days or Tess, which conflicts with recent changes to State Code (codified at Section 414.1(1)(e)). The proposed amendment would make the following changes to ensure the Zoning Code is aligned with State law: Existing Code Proposed Change Residential uses are described as typically having tenancy on a yearly basis, but at least on a month-to-month basis. Where tenancy shorter than one month, it is considered hospitality -oriented retail (if commercial) or a community service — shelter use (if of a public, nonprofit, or charitable nature). The amendment removes references to length of tenancy for residential, commercial, and institutional use categories. The code has two types of accessory uses whereby guests may stay up to 14 days in an owner -occupied, single-family dwelling: bed and breakfast homestays and bed and breakfast inns. They are differentiated by the number of guests allowed. The amendment combines these two definitions into a single bed and breakfast accessory use category and changes the definition to allow any number of guests in conjunction with any residential use for up to 30 days. The code includes the following criteria for bed and breakfast homestays and inns, some of which are no longer enforceable: 1. The principal use must be owner occupied detached single-family. 2. Homestays may provide no more than 3 and inns may provide no more than 4 bedrooms to guests for up to 14 days. 3. Homestays must provide at least 2 and inns must provide at least 3 off-street parking spaces in addition to the parking required for the dwelling. 4. Nonresident employees are prohibited, except by minor modification. 5. The number of permitted bedrooms for a bed and breakfast homestay or inn is reduced by the number of rooming units for any permanent roomers. 6. Fire protection equipment must be installed/maintained according to the adopted international residential code. 7. Identifying signage is limited to one nonilluminated sign of 2 square feet. The proposed amendment reduces the specific approval criteria for bed and breakfasts to only those criteria that are allowed through State law: 1. The principal use can be provided in conjunction with any residential use. 2. Guests may stay for up to 30 consecutive days. 3. Every 2 years, the operator must obtain a housing inspection to protect public health and safety related to fire and building safety and sanitation. April 20, 2022 Page 5 8. Every 2 years, the operator must obtain a rental permit. Bed and breakfast inns were also required to receive a special exception. Justification: In 2020, the State of Iowa adopted legislation to restrict the ability of cities to regulate properties managed as short-term rentals, which basically includes any dwelling that "is offered for a fee for thirty days or less." As a result, the City can only regulate such uses using a few exceptions included in State Code but must otherwise treat a short-term rental similarly to any other residential use. Because of the broad language used in the law, the City needs to change its current standards for bed and breakfast uses and definitions that utilize length of occupancy as a method of determining use. The proposed changes would generally allow existing bed and breakfast uses to continue as an accessory use, though the number of standards that apply would be reduced. The changes reflect how staff has been treating these uses since 2020. If there are other short- term rentals that are not accessory to another use allowed in the zone, its classification would depend on how the short-term rental was structured. For example, if a single-family home is rented to a single housekeeping unit, it would be classified as a single-family use. However, if the same unit has individual bedrooms being rented to individuals that will not function as a single housekeeping unit, it would be considered an independent group living use. As a result, the structure and operation of any given short-term rental unit will be important in determining in which zones it would be allowed. The proposed amendment is a "least change" approach. It does not create nonconforming uses and ensures compliance with State Code by treating short-term rentals similarly to other residential uses in Iowa City. However, it would make the creation of new bed and breakfasts easier than in the past as requirements for additional parking, owner occupancy, and restrictions on the number of guests no longer apply. Alternative approaches could include making all bed and breakfasts uses non -conforming, which would prevent the creation of new accessory short-term rentals. 11) Clarify Boundary Line Adjustment Standards (15-1-3 and 15-1-4) Summary of Change: City Code defines a boundary line adjustment as a reconfiguration of less than 1,000 square feet between abutting tracts, lots, or parcels. However, there is no definition for a reconfiguration of 1,000 or more square feet. The proposed amendment redefines the current boundary line adjustment process as "minor" and creates a new definition for a major boundary line adjustment of 1,000 or more square feet. It also codifies a new administrative review process for major boundary line adjustments that is consistent with how such requests are handled today. Justification: Currently, the Subdivision Code has a gap in how to process boundary line adjustments that are 1,000 square feet or greater. Typically, the City requires an application, which it does not for smaller conveyances, and reviews it to ensure Zoning and Subdivision standards are met. The proposed amendment codifies this process by differentiating between a minor and major boundary line adjustment and specifying what is required as part of such a request. Because these standards are located in Title 15 Land Subdivisions, the Planning and Zoning Commission does not actually need to make a recommendation regarding this change. However, it is included for informational purposes. April 20, 2022 Page 6 Next Steps Pending recommendation of approval from the Planning and Zoning Commission, the City Council must hold a public hearing to consider the proposed text amendments. Staff Recommendation Staff recommends that the Zoning Code be amended as illustrated in Attachment 1 to address numerous code clean up items. Attachments 1. Proposed Zoning Code Text Amendments Approved by: 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 14-2A-6 as follows: D. Pedestrian Circulation: Where no sidewalk exists, sidewalks shall be constructed in the abutting public right-of-way according to the standards at 15-3- 3. The Director of Neighborhood and Development Services may exempt a property from this requirement where a finding is made that such a sidewalk is unlikely to connect to future pedestrian routes. Amend 14-2A-78 as follows: 1. The Bboard of Aadjustment may grant a special exception to waive or modify any dimensional or site development standards listed in this article or in chapter 5 of this title or any approval criteria listed in chapter 4, article B of this title that would prevent use or occupancy of a property located in a Historic District Overlay (OHD) designated -as -an or registered on the national register of historic places. In addition to the general special exception approval criteria set forth in chapter 4, article B of this title, the following approval criteria must be met: a. The modification or waiver will help preserve the historic, aesthetic, or cultural attributes of the property; b. The applicant must obtain a certificate of appropriateness from the Hhistoric Ppreservation CGommission. 2. The Bboard of Aadjustment may grant a special exception to allow a property located in a Historic District Overly(OHD) - - ' _ . - . . - . -' or registered on the national register of historic places to be adapted and reused as a community service use, specialized educational facility, or hospitality oriented retail use. In addition to the general special exception approval criteria listed in chapter 4, article B of this title, the applicant must also meet the following criteria in order for the Bboard to grant this exception: a. The exception is necessary to preserve the historic, aesthetic, or cultural attributes of the property. b. The applicant must obtain a certificate of appropriateness from the Hhistoric Ppreservation Ccommission. Amend 14-28-8A as follows: 1. The Bboard of Aadjustment may grant a special exception to waive or modify any dimensional or site development standards listed in this article or in chapter 5 of this title or any approval criteria listed in chapter 4, article B of this title that would prevent use or occupancy of a property located in a Historic District Overlay (OHD) or registered on the national register of historic places. In addition to the general special exception approval criteria set forth in chapter 4, article B of this title, the following approval criteria must be met: a. The modification or waiver will help preserve the historic, aesthetic, or cultural attributes of the property; b. The applicant must obtain a certificate of appropriateness from the Hhistoric Ppreservation CGommission. 2. The Bboard of Aadjustment may grant a special exception to allow a property located in a Historic District Overlay (OHD) : - - - or registered on the national register of historic places to be adapted and reused as a Attachment 1 Page 2 community service use, specialized educational facility, or hospitality oriented retail use. In addition to the general special exception approval criteria listed in chapter 4, article B of this title, the applicant must also meet the following criteria in order for the Bboard to grant this exception: a. The exception will help preserve the historic, aesthetic, or cultural attributes of the property; b. The applicant must obtain a certificate of appropriateness from the Hhistoric Ppreservation CGommission. Amend 14-2C-11 as follows: A. Historic Preservation Exception: The Bboard of Aadjustment may grant a special exception to waive or modify any dimensional or site development standards listed in this article or in chapter 5 of this title or any approval criteria listed in chapter 4, article B of this title that would prevent use or occupancy of a property located in a Historic District Overlay (OHD) _ - - - or registered on the National Register of Historic Places. In addition to the general special exception approval criteria set forth in chapter 4, article B of this title, the following approval criteria must be met: 1. The modification or waiver will help preserve the historic, aesthetic, or cultural attributes of the property. 2. The applicant must obtain a certificate of appropriateness from the Hhistoric Ppreservation CGommission. Amend 14 -3C -2A as follows: 7. Design Review For Riverfront Crossings Form -Based -Code Districts: Any exterior alterations to, additions to, or new construction of buildings and structures, or alterations or additions to site development, including, but not limited to, parking areas, landscaping, screening, lighting, and access on property zoned to a the Riverfront Crossings Code designation shall be subject to design review as specified in subsection 14 -2G -1D, "Design Review", of this title. Amend 14 -3C -3A -1a as follows: (8) Design review for Riverfront Crossings Form -Based -Code Districts. Amend 14 -3C -3A -1b as follows: b. Applications for level I review will be reviewed and approved, modified, or disapproved by the staff Design Review Committee or, in the case of Riverfront Crossings Form Based Code Districts, by the Form Based Code Committee, in accordance with chapter 8, article B, "Administrative Approval Procedures", of this title. Amend 14-3C-38 as follows: 8. Riverfront Crossings Form -Based -Code District Design Review: Riverfront Crossings Corm Based Code District design review according to subsection 14 -2G -1D of this title. Amend 14-4A-3 as follows: A. Household Living Uses: 1. Characteristics: The residential occupancy of a dwelling unit by a single household or group household, who are living together as a single housekeeping unit. The principal Attachment 1 Page 3 use of the property is for long term residential living, with each dwelling unit containing its own facilities for living, sleeping, cooking and eating meals, and with all spaces within the unit open to the entire household. The dwelling or dwelling units are designed for residential living and any accessory use shall be secondary to the use of the property as a residence.to-month-basis, 3. Accessory Uses: Private recreational uses; storage buildings; parking for residents' vehicles. Home occupations, accessory dwelling units, childcare homes, and bed and breakfast faciimes are accessory uses that are subject to additional regulations outlined in article C, "Accessory Uses And Buildings", of this chapter. Any accessory use of the property shall remain secondary to the principal use of the property for residential living. 4. Exceptions: e. Uses such as hotels, motels, and guest houses, which by definition may • - • • , are not considered residential. They are considered a form of temporary lodging and are classified as hospitality -oriented retail. f. Transient housing, than one month, is not considered residential. It is considered a form of temporary lodging or shelter and is classified as community service - shelter. B. Group Living Uses: 1. Characteristics: Group living uses are characterized by the residential occupancy of a dwelling by a group of people (roomers) who do not meet the definition of a "household" or "group household". or for a conger period Group living structures contain individual, private rooming units that are not open to all the residents of the dwelling. Rooming units contain private space for living and sleeping, but not for cooking. Bathroom facilities may be private or shared. There may also be shared kitchen and dining facilities and shared common rooms and amenities for all residents. The rooming units are furnished with locks through which one member of the group may prevent other members of the group from entering his/her private rooming unit. The residents may or may not receive any combination of care, training, or treatment, but those receiving such services must reside at the site. 4. Exceptions: a. Uses such as hotels, motels, and guest houses, which by definition may - - - - - , are not considered residential. They are considered a form of temporary lodging and are classified as hospitality -oriented retail. c. Transient housing, - - than -one-month, is not considered residential. It is considered a form of temporary lodging or shelter and is classified as community service - shelter. Amend 14-4A-41 as follows: h. Bed aAnd breakfast -inns -and -bed -and -breakfast hr.ornestays are considered accessory uses to any residential use • - - - .- , dwellings and are regulated according to the provisions specified for such uses in article C, "Accessory Uses And Buildings", of this chapter. Attachment 1 Page 4 Amend 14 -4A -6C as follows: 1. Characteristics: Uses of a public, nonprofit, or charitable nature providing a local service to people of the community. Generally, they provide the service on the site or have employees at the site on a regular basis. The service is ongoing, not just for special events. Included are community centers or facilities that have membership provisions that are open to the general public to join at any time, e.g., a senior center that allows any senior to join. The use may provide shelter or short_term housing where—tenancy—may—be when operated by a public or nonprofit agency. The use may provide tenancy for long term housing for persons with disabilities when operated by a public or nonprofit agency. The use may also provide special counseling, education, or training of a public, nonprofit or charitable nature. 4. Exceptions: g. Uses where tenancy is arranged on a non -transient basis month to moHth or 'anger period are residential and are classified as household living or group living. Amend 14-48-1A as follows and renumber other items in the list accordingly: Amend 14-48-2A as follows and renumber other items in the list accordingly: A. Approval Criteria: 1. The proposed variance will not be contrary to the public interest; and 2. Where owing to special conditions, a literal enforcement of the provisions of the zoning code provision will result in unnecessary hardship; and 3. The spirit of the zoning code provision shall be observed, and substantial justice done. substantially adverse effect on the use or value of other properties in the area 2. The proposed variance will be in harmony with the general purpose and •mac amended• and 3. The property in question cannot yield a reasonable return if required to 4. The owner's situation is unique or peculiar to the property in question, and conditions in the neighborhood, except when a variance from a floodplain management standard is requested per section 14 -54 -9 -of -this title; and 5. The hardship is not of the landowner's or applicant's own making or that of a predecessor in title. B. Definitions: 1. Unnecessary Hardship. The applicant establishes an unnecessary hardship by demonstrating all of the following elements are met: a. The land in question cannot yield a reasonable return if used only as allowed in that zone. b. The plight of the owner is due to unique circumstances and not to the general conditions in the neighborhood. c. The proposed variance will not alter the essential character of the locality. Attachment 1 Page 5 2. Reasonable Return. Lack of a reasonable return may be shown by proof that the owner has been deprived of all beneficial use of the land. All beneficial use is said to have been lost where the land is not suitable for anything permitted by the zoning code. A zoning code provision deprives an owner of a reasonable return if all productive use of the land is denied. Such deprivation is shown where the land in issue has so changed that the purpose for which it was originally zoned are no longer feasible. It is not sufficient to show that the value of the land has been depreciated by the zoning code provision, or that a variance would permit the owner to maintain a more profitable use. C. Use Variance Prohibited: Under no circumstance may the Board grant a variance that would allow a land use, other than those specifically allowed in the zoning district in which the subject property is located. Amend 14-48-4D-18 as follows: a. Any utility -scale ground -mounted solar energy systems may not be located closer than two hundred feet (200') from any residential zone, as measured from the property line of the residential zone. Amend 14-4C-2 as follows and renumber other items in the list accordingly: D. Bed and Breakfast H tays: Bed and breakfast h„omestays are allowed in conjunction with any residential use _ - dwellings, provided the following conditions are met: 1. The principal use of the property must be an owner occupied detached single-family d ellinn 2. No more than three (3) bedrooms are provided to guests who stay for periods not to exceed fourteen (1 ) thirty (30) consecutive days. 3. A minimum of two (2) off street parking space,raust be provided in addition 5. If a dwelling contains rooming units for permanent roomers, the number of . Signage identifying the bed and breakfast homestay—is limited to one 28. Every two (2) years, Tthe operator must provide the City an emergency contact and obtain a housing inspection every two (2) years to protect public health and safety related to fire and building safety and sanitation. rental—permit ordinances. 1. The principal use of the property must be an owner occupied detached single family dwelling 2. No more than five (5) bedrooms are provided to guests who stay for periods, Attachment 1 Page 6 3. A minimum of three (3) off street parking spacer st be provided in addition behind the ether rooming unite Amend 14 -5A -5K as follows: 1. The minimum size for a bicycle parking space is one -and -one-half feet by six feet (1.5' x 6'). Where required for access, a minimum aisle width of four feet (4') shall be provided. 21-. Bicycle parking areas must be constructed of asphaltic cement concrete, Portland cement concrete or manufactured paving materials, such as brick. However, the city building official may permit the use of rock or gravel areas for bicycle parking, provided edging materials are used so that the bicycle parking area is clearly demarcated and the rock material is contained. 32. Required bicycle parking racks must be designed to support the bicycle by its frame and allow the use of either a cable lock or a U-shaped lock. Bicycle parking racks shall be installed a minimum of two feet (2') from any curb, pavement edge, parking space, drive, walkway, or obstruction such as a well wall, fence, doorway, or landscaping. Bicycle lockers and secure indoor storage facilities are also allowed. 43. Bicycle parking facilities shall be located in a clearly designated, safe, visible, and convenient location and shall be located so as not to impede pedestrian or vehicular traffic. Bicycle parking is allowed in front and side building setbacks in all zones; provided, that such a parking area results in no more than twenty five percent (25%) of the required setback area being paved. Amend 14-58-10 as follows: A. Purpose: In order to promote the health, safety and general welfare of the population, no privately owned signs shall be placed on or over a "public place", as defined in chapter 9, article C of this title, except as permitted by the City this Code. B. Removal: Existing privately owned signs currently located on or over a public place that are not in compliance with this Code shall be eliminated and removed. If the sign owner fails to remove the sign after so ordered by the City, the City may remove the sign and assess the costs against the sign owner. C. Special Provisions: 1. Signs associated with parades, marches, public entertainment, public public place are subject to the provisions of title 10, chapters 1, 2, and 3 of this title 10, chapter 5 of this Code. Attachment 1 Page 7 2. The City Manager or designee may approve and execute applications on the upon finding that the signs• and b. Will not create a hazard to movement along or within a public place, restrict Amend 14-9A-1 as follows: BED AND BREAKFAST—ROME—STAY: An accessory use in conjunction within any residential use - - , in which no more than—three—(3) bedrooms are provided to guests who stay for periods not to exceed fourteen (14) thirty (30) consecutive days. FAMILY: One person or a group of persons that meet the definition of "household". A. Two (2), but not more than two (2), persons not related by blood, marriage or adePtiener B. Up to eight (8) persons with verifiable disabilities, as defined by the fair TREE: Perennial woody plant with a single main stem (the trunk or bole) from which branches and twigs extend to form a characteristic crown of foliage. "Trees" are important features in permanent landscape planting, being used to define street edges, to lessen heat island effects through shading, and by contributing pattern, color and utility. Small trees generally attain a height at maturity of up to thirty fifty feet (530'). Large trees generally attain a height at maturity greater than thirty forty feet (430'). See the list of recommended "trees" for Iowa City, available through the city forester's office. Amend 15-1-3 as follows: BOUNDARY LINE ADJUSTMENT, MINOR: The reconfiguration of the boundary line between abutting tracts, lots or parcels that results in conveyance of less than one thousand (1,000) square feet of land and are not subject to the Establishment of Control guidelines in 15-1-4D. BOUNDARY LINE ADJUSTMENT, MAJOR: The reconfiguration of the boundary line between abutting tracts, lots or parcels that results in the conveyance of one thousand (1,000) square feet of land or greater. Major boundary line adjustments shall be subject to the Establishment of Control guidelines in 15-1-4D. DIVISION: Dividing a tract, lot or parcel of land into two (2) portions by conveyance or for tax purposes. A minor boundary line adjustment, major boundary line adjustment, or the conveyance of an easement, other than a public highway easement, shall not be considered a division for the purposes of this title. Attachment 1 Page 8 Amend 15-1-4 as follows: D. Any major boundary line adjustment shall be administratively reviewed and approved by the City Manager or designee for compliance with the Zoning and Subdivision Codes. Prior to recording, a division shall be certified as approved by the City Manager or designee. Amend 18-3-2F as follows: F. Vehicle And Pedestrian Circulation: The design of vehicle and pedestrian circulation shall be provided for safe and convenient flow of vehicles and movement of pedestrians and shall, to the greatest extent reasonably possible, prevent hazards to adjacent streets or property. The city may limit entrances and exits upon adjacent streets in order to prevent congestion on adjacent or surrounding streets and in order to provide for safe and orderly vehicle movement. The city may limit street access according to the provisions of title 14, chapter 5, article C, "Access Management Standards", of this code. The City may require construction of sidewalks in the abutting public right of way where not present, according to the standards at 15-3-3. MINUTES PLANNING AND ZONING COMMISSION APRIL 20, 2022 — 6:00 PM — FORMAL MEETING EM MA J. HARVAT HALL, CITY HALL PRELIMINARY MEMBERS PRESENT: Susan Craig, Mike Hensch, Phoebe Martin, Mark Nolte, Maria Padron, Mark Signs, Billie Townsend MEMBERS ABSENT: STAFF PRESENT: OTHERS PRESENT: Sarah Hektoen, Kirk Lehmann, Anne Russettbed Chris Pose RECOMMENDATIONS TO COUNCIL: By a vote of 7-0 the Commission recommends that the zoning code be amended to allow basic utility uses in Neighborhood Public (P-1) zones provisionally or by special exception, as illustrated in attachment one of the staff report. By a vote of 6-0 (Nolte absent) the Commission recommends approval of an amendment to Title 14, Zoning to allow a door connecting a drinking establishment to a sales -oriented retail use and not consider it an expansion if certain criteria are satisfied. By a vote of 6-0 (Nolte absent) the Commission recommends that the Zoning Code be amended as illustrated in Attachment 1 to address numerous code clean up items with the exception to strike the provisions relating to this Historic Preservation exception at 14 -2A -7B, 14 -2B -8A and 14 -2C -11A with the intent to address that in a later code cleanup. CALL TO ORDER: Hensch called the meeting to order at 6:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. CASE NO. REZ22-0002: Consideration of an amendment to Title 14, Zoning to allow basic utility uses in the Neighborhood Public (P-1) zone. Lehmann began the staff report noting this amendment is to allow private basic utility uses in the P-1 zone but there are some other changes that are part of this amendment as well, such as some changes to the way the public zone section is set up. Currently, it's a little different than other zone sections and staff wants to try and make it as similar as the others to make it easier for legibility for the public and staff and it also includes some modified criteria for basic utility uses. Beginning with background, Lehmann stated the public zones historically have been used to denote public ownership of land such as the County, the School District, or the City, any of Planning and Zoning Commission April 20, 2022 Page 13 of 19 Martin asked what if that retail shop participates in First Fridays, can they not offer wine to their patrons, does that require a liquor license. Russett noted she is not well versed in what requires a liquor license and what doesn't so can't answer if that's a violation or not. Craig noted this feels like a lot of work for something that she personally can't quite comprehend why they care. Maybe as a fire exit or something and they have to go through that door to get out to somewhere. Signs explained this is because down below they want to have a little shop that sells Reunion merchandise and want people to be able to go from the bar to their little shop that sells their T-shirts and their hats and their stuff like that. Martin asked does that mean then that they're at capacity for the size of establishment that sells booze. Russett explained they're a non -conforming drinking establishment so they can't be considered for an expansion but through adding the door, it would be considered an expansion of the non -conforming drinking establishment. There would be a door connecting the two buildings, and that's where they would sell their merchandise and will also have access to restrooms. Hensch opened the public hearing. Seeing no one, Hensch closed the public hearing. Craig moved to recommend approval of an amendment to Title 14, Zoning to allow a door connecting a drinking establishment to a sales -oriented retail use and not consider it an expansion if certain criteria are satisfied. Martin seconded the motion. Hensch noted it seems very similar to things he's experienced when on vacation going to touristy areas where they have a restaurant/bar area and a gift shop off to the side. A vote was taken and the motion passed 6-0. CASE NO. REZ22-0004: Consideration of an amendment to Title 14, Zoning to clarify requirements and ensure compliance with changes to State law. Lehmann began the staff report noting staff keeps an ongoing list of small things that they need to change or clean up, whether that's in reaction to State law, whether it's to codify interpretations that they've made over the years and want to make sure it's clear to the public, whether it's to clarify standards that are laid out in any way that people can figure out, or even to ease staff administration. Staff made a list of 11 and most of them are pretty straightforward. The first one is with regards to circulation for pedestrians in cases of redevelopment. This would add provisions to single family site development standards and site plan review design criteria that would allow the City to require the construction of sidewalks within public rights-of-way. Currently, there are standards that allow it within private property, but not within the public rights- Planning and Zoning Commission April 20, 2022 Page 14 of 19 of -way unless there is some sort of zoning code condition. What staff is trying to do is improve connectivity, especially with infill and redevelopment, and this would allow that. The second one is how they interpret the historic preservation exception that's allowed within residential and commercial zones. Lehmann noted it does allow some flexibility in historic preservation properties and staff received correspondence where the chair of the Historic Preservation Commission would like the Historic Preservation Commission to review it so staff recommends striking this as part of the recommendation and staff recommends just addressing it later. The third one is regarding the goal to clarify the applicability of form -based code design review. Right now, the language states form -based code districts have design review, but that really was only meant to apply to the Riverfront Crossings District due to the large scale of development there. The City did recently adopt form -based code for developing areas, most recently in the South District, but possibly expanding that to other parts of the City. Those areas they plan on administering through site plan review and building permit review. So this code amendment for design review is just for Riverfront Crossings and that it does not apply to the other form -based zones. Next is with regards to the approval criteria for variances. Right now, there's five approval criteria that are required for variances and the Board of Adjustment must make the findings that all of these are met in order to grant it. However, those criteria are not exactly aligned with State law nor exactly aligned with case law. There's case law and State law that guides what can have a variance and what can't have a variance and there have been some examples where variances that were granted were overturned by State courts due to these standards. This amendment is to try to align the City's variance criteria with that State law and the State code and makes it clearer for applicants and for staff and the Board as to what would actually be qualified for a variance based under that State law. Next, with regards to utility -scale ground -mounted solar energy systems, there's a requirement that there's a 200 -foot buffer from residential zones. This amendment clarifies how that boundary is measured and it's from the boundary of the residential zone. The next one is with regards to bicycle parking. The City has minimum bicycle parking standards, but it's not clear as to what that means in terms of what bicycle parking looks like, it leaves a lot of ambiguity. Staff has been looking at the Essentials of Bike Parking, which is made by the Association of Pedestrian and Bicycle Professionals and staff wants to take some of those rules and put them into the code to make it clear to applicants what is expected for bicycle parking. This amendment will add in a minimum bicycle parking space, which would be 1.5 x 6 feet, it adds in a minimum bicycle access aisle width of 4 feet, requires that bicycle racks be installed 2 feet from curbs and/or other obstructions or parking spaces, and it specifies that bicycle parking facilities must be in a visible location. The next section is with regards to a couple of provisions the City has for privately owned signs in public places. Right now there's a section in the sign code that talks about when can privately owned signs be allowed in public places, like in the entrances to subdivision or a sign in a right- Planning and Zoning Commission April 20, 2022 Page 15 of 19 of -way. Lehmann explained one of those special provisions provides a cross reference and is redundant and the other gives the city manager authority to allow signs in public places, which may violate State code requirements for conveying an interest in public property for private use. Staff is recommending striking those two conditions as being unneeded in the zoning code. The next change is to clarify the definition for family. This came about when in 2018 the State restricted the ability of the City to regulate the occupancy of homes by familial or nonfamilial relationships. Prior to that time, the City had a definition of family they used to define what is a single family with a very specific use for family but since that time they have pretty much used family and household synonymously and so this codifies this interpretation that staff has been using. Additionally, it will open up housing for a wider variety of household arrangements and is best practice for fair housing to try and define a family this way. Again, this will take family and refer to the definition for households and that would be the definition they would be using but they don't propose striking it is because family is used throughout the code, so they are just going to cross reference it and not have to remove it from every other part of the code. The next one is the definition for tree and the of ambiguity for the definition. A small tree currently is defined as having a height of up to 50 feet, whereas the large tree is having any height of greater than 40 feet which obviously creates a gap in which it's ambiguous as to whether it's a tall or small tree. In recent conversations with the city forester, they had said 30 feet is probably a better height for what's actually a small versus a large tree, so this justification changes a small tree to be defined as with a height of up to 30 feet, and a large tree is greater than 30 feet. Lehmann stated the next item is a more complicated one, that again is reacting to State law changes passed in 2020 with the State restricting the ability of cities to regulate short term rentals. The City made some changes to the housing code, but this cleanup is catching up the zoning code. Short term rental is broadly defined in this State law as basically any residential property that is rented for a fee for 30 days or less, is exempt or can't be regulated, except for in a couple certain circumstances such as they can do inspections and get contact information, but otherwise must treat a short term rental similarly to any other residential use. This amendment seeks to bring the City into compliance with State law and remove references to length of tenancy from the use categories that are seen in residential use categories, commercial use categories, and also in institutional use categories. The new language will also consolidate the definitions for bed and breakfast. The City currently has two, the bed and breakfast inns and bed and breakfast homestay, the current difference is based on the number of people that are allowed to stay. The language change puts them into one category called bed and breakfasts and it's any number of guests up to 30 days, essentially a short term rental, but this is an accessory use category and has to be in addition to some other residential use. With the creation of this new definition they also strike any provisional standards that previously applied to these bed and breakfast categories and only have those things that they can regulate apply to this bed and breakfast category. Lehmann explained the reason they did it this way was because it's the least change approach and there are existing bed and breakfasts that are accessory to single family uses and they didn't want to make those all non -conforming. If a bed and breakfast is a primary use, and not an accessory to a single-family use, it all depends on how it's structured as to how it will be classified. If it is a single-family home and it is rented to a single household unit, Planning and Zoning Commission April 20, 2022 Page 16 of 19 which would be the definition of a single family and considered a single family, as long it is rented out for 30 days or less. If they are renting out individual rooms, and they're all independent and not living as a household unit, then they'd be considered group living uses, which is much more strictly regulated and not be allowed in most zoning districts. Lehmann explained this is how staff has been interpreting short term rentals and treating them like every other use, it really depends on the structure of how many people is being rented to and are those people acting as a household unit. He noted one repercussion of this is it would make these accessory bed and breakfast uses more widely available and wouldn't have restrictions on parking because they can't regulate that. It would also only require housing inspections every two years, and that there's contact information that's updated, and that they have to stay there less than 30 days. These changes meet the State code, and staff thinks it meets the goals of the City. Finally, the last change is for informational purposes where staff wanted to clarify the boundary line adjustment standards in the subdivision code. Those typically don't come to the Planning and Zoning Commission, but Lehmann wanted to include it with all the others so that when it goes to Council it's a little easier. Currently minor boundary line adjustments are defined if it's less than 1000 square feet and they're transferring property from one abutting property to another abutting property. However, there's no there's no process for if it's larger than 1000 feet. Staff is just creating a distinction between a minor boundary line adjustment, which is the current process, and a major one. The minor one doesn't go through administrative review, but the major one would, and that's what staff has been informally doing anyway. This amendment will just qualify the process so it is clear for those who wish to sell property to abutting property owners. Staff recommends that the Zoning Code be amended as illustrated in Attachment 1 to address numerous code clean up items with the exception to strike the provisions relating to this Historic Preservation exception at 14 -2A -7B, 14 -2B -8A and 14 -2C -11A with the intent to address that in a later code cleanup. Martin asked about the pedestrian circulation and if there are currently no sidewalks somewhere is this saying there needs to be sidewalks added or is it just for new site development. Lehmann explained this is for infill development, but they did add in provisions to improve pedestrian connectivity and in some cases there may be a house that doesn't have a sidewalk for whatever reason so if it's being redeveloped, they would have to put in a sidewalk as part of either site plan review or as part of the building permit review. Lehmann added there are some cases where none of the houses on a side had a sidewalk, so it doesn't make any sense to put in a sidewalk in front of the one house being redeveloped because that doesn't improve pedestrian connectivity. Martin asked for more information on the privately -owned signs in public spaces because she remember being on P&Z when this was a big hullabaloo and it went to the Supreme Court regarding allowing signs on easements and a public rights-of-way. Lehmann noted it came to staff's attention because they had someone request to use this criteria. One provision stated the city manager could allow a permanent use of public property, so this removes that language. Planning and Zoning Commission April 20, 2022 Page 17 of 19 Martin asked regarding the definition of family, is that now going to convey throughout all of the code what family means, even when it comes to rentals because people have had issues with blended families but now this seems to kind of take care of all protected classes and whatnots. Lehmann explained rental permits would be a little different, this would apply to references to family in the zoning code whereas rental permits are based on parking spaces and bedrooms, and it's different, the zoning code that deals with adult occupancy noting children shouldn't matter for parking. Craig asked about the bed and breakfast term, isn't that an antiquated term. Lehmann agreed bed and breakfast is probably an antiquated term, but this is just the definition that they've been using for an accessory short term rental. It used to restrict it to 14 days but now that's not compliant with State law. It is essentially a short term rental, they just didn't change the name because it's already in the zoning code. Hensch opened the public hearing. Seeing no one, Hensch closed the public hearing. Townsend moved to recommend that the Zoning Code be amended as illustrated in Attachment 1 to address numerous code clean up items with the exception to strike the provisions relating to this Historic Preservation exception at 14 -2A -7B, 14 -2B -8A and 14- 2C -11A with the intent to address that in a later code cleanup. Martin seconded the motion. Hensch noted they are going to vote yes for this but on item number one, the pedestrian circulation requirements, he is 100% in favor of making everybody put in sidewalks to keep people from walking on the streets. Signs noted Friday is the 150th anniversary of Arbor Day so hopefully everyone can go out and plant a tree, large or small. A vote was taken and the motion passed 6-0. CONSIDERATION OF MEETING MINUTES: MARCH 2, 2022: Craig moved to approve the meeting minutes of March 2, 2022, with minor edits. Martin seconded the motion. A vote was taken and the motion passed 6-0. PLANNING AND ZONING INFORMATION: Russett stated one item to report is the right-of-way vacation at 829 Kirkwood has finally passed and the sign was taken down today. Item Number: 7.c. 46,, CITY OF IOWA CITY � COUNCIL ACTION REPORT May 17, 2022 Resolution setting a public hearing on June 6, 2022 on project manual and estimate of cost for the construction of the Gilbert Street Pavement Repair — CRANDIC Railroad Crossing Project, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said project manual on file for public inspection. Prepared By: Ethan Yoder, Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $150,000 available in the Annual Pavement Rehabilitation account #S3824 Recommendations: Staff: Approval Commission: N/A Attachments: Location Map Resolution Executive Summary: This item begins the bidding process for the Gilbert Street Pavement Repair — CRANDIC Railroad Crossing Project. This project generally includes removal and replacement of the railroad crossing approach, pavement and sidewalk, as well as new storm sewer and intakes. Background /Analysis: This project is located at the CRANDIC railroad crossing on S Gilbert Street. The railroad crossing and adjacent pavement in this area are in poor condition. This joint project between the City and CRANDIC will repair the crossing and pavement, as well as improve the drainage, in this area. Project Timeline: Public Hearing and Approve Project Manual — June 6, 2022 Bid Letting — July 5, 2022 Award Date — July 12, 2022 Construction Start — August 2022 Final Completion — Fall 2022 ATTACHMENTS: Description Location Map Resolution Ty tri; 071 BOWERY ST Ln - 4,4 7 PROJECT LOCATION BENTON ST KIRKWOOD, N A Gilbert Street Pavement Repair — CRANDIC Railroad Crossing Project 1s! 11 Prepared by: Ethan Yoder Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319)356-5145 Resolution No.22-136 Resolution setting a public hearing on June 6, 2022 on project manual and estimate of cost for the construction of the Gilbert Street Pavement Repair — CRANDIC Railroad Crossing Project, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said project manual on file for public inspection. Whereas, funds for this project are available in the Annual Pavement Rehabilitation account #S3824 Now, therefore, be it resolved by the Council of the City of Iowa City, Iowa, that: 1. A public hearing on the project manual and estimate of cost for the construction of the above-mentioned project is to be held on the 6th day of June, 2022, at 6:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. A copy of the project manual and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 17th Attest: day of May It was moved by Taylor adopted, and upon roll call there were: Ayes: x x x x x x x , 2022 Approved by City Attorney's/ Office (Liz Craig - 05/12/22) and seconded by Thomas Nays: Absent: 1 Alter Bergus Harmsen Taylor Teague Thomas Weiner the Resolution be t +•ate_ CITY OF IOWA CITY www.icgov.org May 17, 2022 Item Number: 9.c. Resolution approving the preliminary plat and sensitive areas plan of the Sandhill Estates — Part Five Subdivision, Iowa City, Iowa. ATTACHMENTS: Description Staff Report and Preliminary Plat Planning and Zoning Minutes Preliminary Plat Resolution STAFF REPORT To: Planning and Zoning Commission Prepared by: Parker Walsh, Associate Item: SUB22-0002 Planner Sandhill Estates — Part Five Date: May 4, 2022 GENERAL INFORMATION: Applicant: Contact Person: Owner: Hall & Hall Engineers Inc. Susan Forinash susan@halleng.com Hall & Hall Engineers Inc. Brian Vogel brian@halleng.com Prairie Heights Land, LLC Jason Walton (319) 499-8836 jwalton@southgateco.com Requested Action: Approval of preliminary plat Purpose: Construction of Sandhill Estates — Part 5; a residential subdivision Location: South of Wetherby Park and east of Covered Wagon Drive t .S. . Location Map: Size: 8.88 Acres Existing Land Use and Zoning: Surrounding Land Use and Zoning: UndevelopedNacant Open Space, Low Density Single -Family Residential with a Planned Development Overlay (OPD/RS-5) North: OPD/RS-5, Low Density Single - Family Residential with a Planned Development Overlay P1, Neighborhood Public South: OPD/RS-5. Low Density Single - Family Residential with a Planned Development Overlay East: RS- 8, Medium Density Single - Family Residential West: OPD/RS-5, Low Density Single - Family Residential with a Planned Development Overlay P1, Neighborhood Public Comprehensive Plan: 2-8 Dwelling Units Per Acre District Plan: South District Neighborhood Open Space District: S-1 Public Meeting Notification: Property owners south, east, and west of the subject property in the Sandhill Estates development received notification of the Planning and Zoning Commission public meeting. Subdivision signs were posted on the site at the end of Covered Wagon Drive. File Date: March 24, 2022 45 Day Limitation Period: May 8, 2022 BACKGROUND INFORMATION: The applicant Hall & Hall Engineers Inc. is requesting approval of the preliminary plat of Sandhill Estates — Part 5, an 8.88 -acre plat containing 18 single-family residential lots located south of Wetherby Park and east of Covered Wagon Drive. The plat shows the extension of Covered Wagon Drive and Sand Prairie Drive and the creation of Frontier Loop. A planned development overlay rezoning and preliminary plat was approved in 2004 for SandhiII Estates that included a 379 lot, 146.48 -acre residential subdivision, 119.94 acres of which would be rezoned to OPDH-5, now referred to as OPD/RS-5. Sandhill Estates required a Planned Development Overlay rezoning due to the need for clustered, conversation design in order to preserve open space and sensitive areas, including the approximate 17.4 acres of open space (now referred to as Sand Prairie). The OPD allowed for narrower lots than what is permitted by an RS -5 zone, allowing the necessary design approach to preserve land and sensitive features. The rezoning included the following conditions: A. A separate left turn lane on Gilbert Street for southbound to eastbound traffic must be constructed before more than 25 units are constructed. This can be added to the existing roadway as a temporary feature or can be constructed as part of the permanent improvements, including a four -lane PCC roadway with left turn lane. B. Vehicular access to lots 161-204, 204-330 shall be from the alley. C. The design of the homes on lots 161-204, 304-330 shall be from the alley i. A variety of facades and variation on rooflines, such as the use of gable and hip roofs, to minimize a cookie cutter appearance and a different facade at least every third unit is required. ii. The sidewalks of lots 161, 177, 178, 190, 191, 204, 304, 315, 317, and 330 that face the street, should include elements of the front facade, such as windows and fenestration, doorways, trim and moulding, and roofline. It is not contemplated that porches will be required to wrap around to the side of the dwelling. iii. Front porches that are at least six feet in depth shall be included. iv. Slightly staggered footprints, also to avoid a monotonous appearance are required. v. Ten feet between buildings to meet normal setback requirements between buildings is required, and to allow for eaves or overhangs at the side of buildings. vi. Planning and Zoning Commission review of the building elevations and footprints as a condition of approval of final plat is required. D. For lots less than 60 feet in lot width with no alley access, the front yard setback shall be 25 feet. Of the conditional zoning requirements outlined above, only condition D applies to Sandhill Estates Part 5 as proposed development would include lots with less than 60 feet lot width and must be setback at least 25 feet. Condition A has already been satisfied and conditions B and C do not apply to the subject area. Sandhill Estates has been developed in parts starting in 2004 after the approval of the 379 lot, 119.94 -acre rezoning and preliminary plat. The timeline of development is as follows: 1. 2004 — The SandhiII Estates Part 1 final plat was approved for 56 single-family residential lots over 59.33 acres. Outlot M, containing 17.74 acres of public open space, was dedicated to the City. This was , well over the 2.6 -acre requirement and satisfying the neighborhood open space requirements for all future Sandhill development. 2. 2004 — The Sandhill Estates Part 2 final plat was approved and created 21 lots on approximately 4.75 acres and resulted in the construction of Keel Boat Loop. The 2004 approved preliminary plat expired in 2006 after the final platting of Sandhill Estates Parts 1 and 2. 3. 2014 — The Sandhill Estates Part 3 preliminary and final plats were approved for a 25 lot, 7.76 -acre development. 4. 2014-2016 — The Sandhill Estates Part 4 preliminary plat was approved in 2014 and the final plat was approved in 2016 for a 22 lot, 7.74 -acre development. 5. 2022 — Sandhill Estates Part 5 seeks approval of an 18 lot, 8.88 -acre development. The applicant held a Good Neighbor Meeting on April 12, 2022. ANALYSIS: Compliance with Comprehensive Plan: The 102030 Comprehensive Plan and the South District Plan encourage urban growth through compact and connected neighborhoods. They also have similar goals to enhance streets, sidewalks, and trails, while also providing safe and pedestrian friendly street systems. The preliminary plat demonstrates a commitment to these goals by providing wide interconnected sidewalks, as well as a roundabout to calm traffic that as noted in the South District Plan, "offers an opportunity to enhance the appearance and identity of public streets". The subject plat proposes to further incorporate an interconnected street system through the extension of Covered Wagon Drive and Sand Prairie Drive. As Sandhill Estates continues to develop, the interconnected street and sidewalk systems will further provide the community with a walkable neighborhood a short distance from Wetherby Park and Grant Wood Elementary School. The IC2030 Comprehensive Plan Future Land Use Map identifies the subject property as appropriate for development at 2-8 dwelling units per acre. With the South District Plan amendment from 2021, the subject property is identified as appropriate for development consistent with the Transect 3 Neighborhood Edge (T3NE) form -based land use category. T3NE is described as "A walkable neighborhood environment of detached, small -to -large building footprint, low -intensity housing choices from House Large, Duplex Side -by -Side to Cottage Court, supporting and within short walking distance to neighborhood -serving retail, food and service uses. Buildings are house - scale and detached in nature. Both design site widths and building footprints are small - to -large with medium -to -large front setbacks and medium side setbacks. Homes are up to 2.5 stories tall, and frontage types include Porch, Dooryard and Stoop". Although the proposed development will not incorporate a variety of housing types, the preliminary plat is consistent with the current zoning designation. It also incorporates sidewalk and street connections envisioned by the comprehensive plan and South District Plan. Subdivision Design: The proposed subdivision contains 18 single-family residential lots and Outlot A, which is intended for storm sewer and storm water conveyance. The preliminary plat proposes to further incorporate an interconnected street system through the extension of Covered Wagon Drive and Sand Prairie Drive. Each will provide a stub for future development connectivity and intersect at a roundabout. The applicant also proposes Frontier Loop, a loop street extending off Sand Prairie Drive to the east. Frontier Loop has 9 residential lots, including 3 lots with less than 60' lot width, requiring the 25' front setback outlined in the Conditional Zoning Agreement. The sidewalk system proposed extends from existing stubs and no sidewalk is fewer than 5' wide, with the extension of an 8' sidewalk along the north side of Covered Wagon Drive. The proposed sidewalks would end in stubs at the end of Covered Wagon Drive and Sand Prairie Drive, providing connectivity opportunities for future development. Block length remains consistent with the city's subdivision regulations, a collector street, is broken up with blocks intersecting between the 300-600 feet preferred range. The roundabout would also provide a traffic calming feature. The stormwater management basin, Outlot A, will be the source of offsite retention for storm water conveyance for Sandhill Estates — Part 5. Environmentally Sensitive Areas: The applicant has submitted a sensitive areas development plan due to the presence of sensitive features. The site contains 0.01 acres of steep slopes. No critical or protected slopes are located on the site. The proposed development will impact 100% of the steep slopes. The site also contains 0.32 acres of hydric soils. Due to the presence of hydric soils the applicant submitted a wetland delineation report. The wetland delineation report identifies approximately 0.55 acres of wetlands located within a manmade stormwater detention basin. 0.06 acres is considered emergent wetland and the remaining 0.49 acres are manmade wetlands. The sensitive areas ordinance outlines situations where development is exempt from the requirements of the sensitive areas ordinance, including stormwater facilities. According to 14-51-2C-4 "normal and routine maintenance of existing drainage and stormwater management facilities are exempt from the requirements of this article. This exemption includes vegetative maintenance for access and stormwater/flood control purposes within and adjacent to drainageways. Except for temporary storage outside a wetland or water body, placement of fill or dredge spoils is not exempt under this subsection C4. Groundwater monitoring wells, when constructed to standards approved by the city, are exempt. Per the preliminary plat, the existing stormwater basin will be used for stormwater management for this plat. Staff has reviewed the wetlands delineation report and determined that the stormwater management facility is exempt from the sensitive areas ordinance. Per the wetland report the wetlands are located within a manmade stormwater management facility and the sensitive areas ordinance exempts stormwater management facilities for the purposes of stormwater management and flood control purposes within and adjacent to drainageways. The stormwater management facility is located within a drainageway. Per the wetlands report, the wetlands drain to the southeast into a storm sewer culvert. As the area continues to develop, the storm water management facility will need to be maintained to ensure the proper management of storm water. Archaeological Studies: The applicant commissioned an archaeological study in 2002, completed by the Lewis -Berger Group in October 2002. No previously unrecorded prehistoric or historic archaeological sites were found on the property. Artifacts from one previously recorded site were recovered, the site had previously been determined to be not eligible for listing within the National Register of Historic Places. The conclusion of the archaeological study is that no further exploration can be recommended. Neighborhood Open Space: Approximately 17.74 acres of open space was dedicated in 2004 as Sand Prairie Park. The dedication was well over the 2.6 -acre requirement and satisfies the requirements for all future Sandhill Estates development, including the proposed preliminary plat. Storm Water Management: Storm water management will be provided via the proposed regional retention basin, Outlot A. Public Works has reviewed and requires the proposed regional retention basin include sediment forebay or another acceptable pre-treatment practice at drainage outlets, as well as additional measures be taken to prevent pond stagnation. Due to the applicant providing an updated preliminary plat that includes the proposed regional retention basin being platted as Outlot A, City Engineering requires a revised stormwater report. The retention basin must also have at least 25% of the surface area of the pond exceeding a depth of 8 feet after construction. Infrastructure Fees: Required fees include a water main extension fee of $503.57 per acre and a sanitary sewer tap on fee of $1,796.50 per acre for the entire subdivision. NEXT STEPS: Upon recommendation from the Planning and Zoning Commission, the preliminary plat will be considered for approval by the City Council. STAFF RECOMMENDATION: Staff recommends approval of SUB22-0002, an application submitted by Hall and Hall Engineers for a Preliminary Plat and Sensitive Areas Development Plan for Sandhill Estates — Part 5, an 18 -lot, 8.88 -acre residential subdivision located south of Wetherby Park and east of Covered Wagon Drive. ATTACHMENTS: 1. Location Map 2. Preliminary Plat and Sensitive Areas Development Plan fn.i Sifkas‘—' Approved by: Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services 0 0.01750.035 0.07 Miles 1 1 1 I SUB22-0002 Sandhill Estates - Part 5 1 CITY OF IOWA CITY Prepared By: Emani Brinkman Date Prepared: April 2022 J • 71: DICKENSOLN 1 $ - An application submitted by Hall and Hall Engineers Inc. on behalf of SG & M Properties, LLC for a preliminary plat of 8.88 acres located south of Wetherby Park and east of Armstrong drive. LANGENBERG AVE us 1.11P 110, 0 - �, ..► ---- • MEI mad= EIS PRELIMINARY PLAT AND SENSITIVE AREAS PLAN FOR SANDHILL ESTATES - PART 5 IN THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA UTILITY AND EMERGENCY TELEPHONE NUMBERS CITY OF IOWA CITY, IOWA ENGINEERING DEPARTMENT POLICE DEPARTMENT EMERGENCY FIRE DEPARTMENT EMERGENCY WATER DEPARTMENT WASTEWATER DIVISION COLLECTIONS IOWA ONE CALL (UTILITIES) MID -AMERICAN ENERGY UTILITY LEGEND -EXISTING (ss8) (ST15) (FM6) (W8) - - -(G)- - - -(G) - - -(S)- - - -(S)- - - - - (OHE)- - - - (OHE)- - - - - (E) - - - - (E) - - - - (0)- - - - (C)- - - - - (OHC)- - - - (OHC)- - - - -(OHT)- - - -(OHT)- - - - (F) - - - - (F) - - - - (OHF)- - - - (OHF) - (T) ----(T) // // - <>-««««««« (FP) (FW) (CORP) _ 800 - ❑T © 0 OR ®GV *BM GSB O ®A, tOo 0 SANITARY SEWER W/SIZE STORM SEWER W/SIZE SUBDRAIN FORCE MAIN W/SIZE WATER MAIN W/SIZE GAS STEAM ELECTRIC -OVERHEAD ELECTRIC -UNDERGROUND CABLE TV -UNDERGROUND CABLE TV -OVERHEAD TELEPHONE -OVERHEAD FIBER OPTIC -UNDERGROUND FIBER OPTIC -OVERHEAD TELEPHONE -UNDERGROUND FENCE LINE SILT FENCE FLOODPLAIN LIMITS FLOODWAY LIMITS CITY CORPORATE LIMITS CONTOUR LINE LIGHT POLE W/O MAST LIGHT POLE W/MAST TELEPHONE POLE POWER POLE GUY ANCHOR GUY POLE TELEPHONE PEDESTAL TELEPHONE MANHOLE CABLE TV PEDESTAL UTILITY/CONTROL CABINET SANITARY MANHOLE STORM MANHOLE GRATE INTAKE RA -3 INTAKE RA -5 INTAKE RA -6 INTAKE RA -8 INTAKE HORSESHOE CATCH BASIN W/O FLUME HORSESHOE CATCH BASIN W/FLUME GAS VALVE FLARED END SECTION CLEANOUT, STORM OR SANITARY TRAFFIC SIGNAL W/MAST BOLLARD BENCHMARK STREET SIGN WELL SOIL BORING FIRE HYDRANT WATER VALVE WATER SHUTOFF WATER BLOWOFF NOTE: THIS IS A STANDARD LEGEND. SOME ITEMS MAY NOT APPEAR ON DRAWINGS. IOWA ONE -CALL 800/292-8989 TOLL-FREE CALL- BEFORE- YOU- DIG (319)-356-5138 (319)-356-5275 911 (319)-356-5260 911 (319)-356-5162 (319)-631-1144 (800)-292-8989 (319)-339-1156 UTILITY LEGEND -PROPOSED SS8 ST18 FM6 W12 CORP Os ® OR isr V D4 cf SURVEY LEGEND SANITARY SEWER W/SIZE STORM SEWER W/SIZE FORCE MAIN W/SIZE WATER MAIN W/SIZE CITY CORPORATE LIMITS SANITARY MANHOLE STORM MANHOLE GRATE INTAKE RA -3 INTAKE RA -5 INTAKE RA -6 INTAKE RA -8 INTAKE HORSESHOE CATCH BASIN W/O FLUME FLARED END SECTION CLEANOUT, STORM OR SANITARY FIRE HYDRANT WATER VALVE WATER SHUTOFF WATER BLOWOFF 0 • rsi A • X () PLANT LEGEND SET REBAR W/CAP NO. FOUND SURVEY MONUMENT AS NOTED FOUND RIGHT OF WAY RAIL SECTION CORNER SET AS NOTED SECTION CORNER FOUND AS NOTED CUT "X" IN CONCRETE RECORDED AS EASEMENT LINE PLAT OR SURVEY BOUNDARY PLAT LOT LINE CENTERLINE SECTION LINE 1/4 SECTION LINE 1/4-1/4 SECTION LINE EXISTING LOT LINE BUILDING SETBACK LINE DECIDUOUS TREE CONIFEROUS TREE DECIDUOUS SHRUB CONIFEROUS SHRUB TREE STUMP TREE LINE DRIP EDGE PLAN APPROVED BY: CITY CLERK DATE INITIAL SUBMITTAL DATE: 04/20/22 REVISION DATE: CITY FILE NUMBER: HALL AND HALL PROJECT NUMBER: 20034-17-5 LOCATION MAP (SCALE: 1"=500') '� TAYLOR DR Q,� WETHERBY PARK BURNS AVE LANGENBERG AVE PROJ ECT LOCATION NOTES THE PROPOSED IMPROVEMENTS INCLUDED IN THESE DRAWINGS HAVE BEEN DESIGNED IN ACCORDANCE WITH THE CITY OF IOWA CITY ENGINEERING DESIGN STANDARDS MANUAL AND SUDAS. APPLICANT SG & M PROPERTIES, LLC %DAVE OYLER 755 MORMON TREK BOULEVARD P.O. BOX 1907 IOWA CITY, IA 52246 PH: 319-337-4195 FAX: 319-337-9823 EMAIL: DAVE@NAVIGATEHOMESIOWA.COM ENGINEER BRIAN VOGEL, PE 1860 BOYSON RD. HIAWATHA, IA 52233 PH: 319-362-9548 FAX: 319-362-7595 EMAIL: BRIAN@HALLENG.COM AREA CALCULATIONS TOTAL SITE AREA: NET SITE AREA (EXCL. R.O.W. & OUTLOTS): TOTAL BUILDING LOTS: OWNER SG & M PROPERTIES, LLC %DAVE OYLER 755 MORMON TREK BOULEVARD P.O. BOX 1907 IOWA CITY, IA 52246 PH: 319-337-4195 FAX: 319-337-9823 EMAIL: DAVE@NAVIGATEHOMESIOWA.COM OWNER'S ATTORNEY C. JOSEPH HOLLAND 123 NORTH LINN STREET SUITE 300 IOWA CITY, IA 52245 387,024 SQ.FT. 107,758 SQ.FT. (8.88 AC) (2.47 AC) 18 (SINGLE FAMILY) TOTAL DWELLING UNITS: 18 GROSS AREA PER UNIT: NET AREA PER UNIT: HALL & HALL ENGINEERS, INC. L,,ed rrfrL snrl D5v5Inpin5nent Si0 1953 ff_M_Erff 1860 BOYSON ROAD, HIAWATHA, IOWA 52233 PHONE: (319) 362-9548 FAX: (319) 362-7595 CIVIL ENGINEERING• LANDSCAPE ARCHITECTURE LAND SURVEYING• LAND DEVELOPMENT PLANNING www.halleng.corr 21,501 SQ.FT. (0.49 AC) 5,987 SQ.FT. (0.14 AC) SHEET INDEX P1.0) COVER P2.0) SITE LAYOUT AND UTILITIES P3.0) OVERALL SITE GRADING & EROSION CONTROL AND SWPPP PLAN P4.0) SENSITIVE AREAS USE EXISTING: VACANT LAND PROPOSED: LOW DENSITY SINGLE FAMILY RESIDENTIAL ZONING EXISTING: OPDH-5 (ORDINANCE NO. 04-4110) PROPOSED: OPDH-5 SANDHILL ESTATES - PART 5 LEGAL DESCRIPTION LEGAL DESCRIPTION - PRELIMINARY PLAT: DIMENSIONAL STANDARDS (OPD/RS-5) DETACHED SINGLE FAMILY MINIMUM LOT SIZE: 8,000 SF AREA PER UNIT: 8,000 SF MINIMUM LOT WIDTH: 45' MINIMUM FRONTAGE: 45' FRONT YARD SETBACK: 15' (25' IF LOT LESS THAN 60' WIDE) SIDE YARD SETBACK: 5' + 2' PER STORY OVER TWO STORIES REAR YARD SETBACK: 20' MAXIMUM HEIGHT: 35' MINIMUM BLDG WIDTH: 20' MAX BLDG COVERAGE: 45% MIN OPEN SPACE: 500 SF PART OF AUDITOR'S PARCEL 2001045 AS RECORDED IN BOOK 43, PAGE 94 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER AND LOCATED IN THE SOUTHWEST QUARTER (S.W.1/4) OF SECTION TWENTY- THREE (23), TOWNSHIP SEVENTY- NINE (79) NORTH, RANGE SIX (6) WEST OF THE FIFTH (5TH) PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 23; THENCE NORTH 1°04'17" EAST ALONG THE WEST LINE OF SAID S.W.1/4, A DISTANCE OF 876.63 FEET; THENCE SOUTH 88°55'43" EAST 475.34 FEET TO THE NORTHEASTERLY MOST CORNER OF SANDHILL ESTATES PART FOUR, IOWA CITY, IOWA AS RECORDED IN BOOK 60, PAGE 118 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER AND THE POINT OF BEGINNING AND THE BEGINNING OF A 914.90 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY AND HAVING A LONG CHORD OF 101.12 FEET, BEARING NORTH 52°22'40" EAST; THENCE NORTHEASTERLY ON THE ARC OF SAID CURVE, 101.17 FEET TO THE BEGINNING OF A 1117.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY AND HAVING A LONG CHORD OF 109.51 FEET, BEARING NORTH 46°41'05" EAST; THENCE NORTHEASTERLY ON THE ARC OF SAID CURVE, 109.55 FEET TO THE BEGINNING OF A 29.00 FOOT RADIUS CURVE, CONCAVE WESTERLY AND HAVING A LONG CHORD OF 42.74 FEET, BEARING NORTH 3°35'41" WEST; THENCE NORTHERLY ON THE ARC OF SAID CURVE, 48.04 FEET; THENCE NORTH 51°03';20" WEST, 36.10 FEET; THENCE NORTH 38°56'40" EAST, 70.00 FEET; THENCE SOUTH 51°03'20" EAST, 35.43 FEET TO THE BEGINNING OF A 34.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY AND HAVING A LONG CHORD OF 47.91 FEET, BEARING NORTH 84°08'57" EAST; THENCE EASTERLY ON THE ARC OF SAID CURVE, 53.16 FEET; THENCE NORTH 39°21'11" EAST, 33.35 FEET; THENCE SOUTH 50°25'42" EAST, 66.00 FEET; THENCE SOUTH 39°21'11" WEST, 37.23 FEET TO THE BEGINNING OF A 34.00 FOOT RADIUS CURVE, CONCAVE EASTERLY AND HAVING A LONG CHORD OF 47.54 FEET, BEARING SOUTH 5°00'07" EAST; THENCE SOUTHERLY ON THE ARC OF SAID CURVE, 52.64 FEET TO THE BEGINNING OF A 180.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY AND HAVING A LONG CHORD OF 93.01 FEET, BEARING SOUTH 34°23'00" EAST; THENCE SOUTHEASTERLY ON THE ARC OF SAID CURVE, 94.08 FEET; THENCE NORTH 39°23'07" EAST, 463.68 FEET; THENCE NORTH 67°42'47" EAST, 129.16 FEET TO THE EAST LINE OF SAID AUDITOR'S PARCEL 2001045; THENCE SOUTH 0°42'15" WEST ALONG SAID EAST LINE, 404.49 FEET; THENCE SOUTH 0°38'50" WEST ALONG SAID EAST LINE, 348.92 FEET TO THE NORTHEAST CORNER OF SANDHILL ESTATES PART TWO, IOWA CITY, IOWA AS RECORDED IN BOOK 47, PAGE 260 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER; THENCE SOUTH 89°30'47" WEST ALONG THE NORTH LINE OF SAID SANDHILL ESTATES PART TWO, 356.24 FEET TO THE NORTHWEST CORNER THEREOF; THENCE SOUTH 0°27'46" EAST ALONG THE WEST LINE OF SAID SANDHILL ESTATES PART TWO, 220.00 FEET TO THE NORTHEAST CORNER OF LOT 102, SAND HILL ESTATES PART 3, IOWA CITY, IOWA AS RECORDED IN BOOK 59, PAGE 51 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER; THENCE SOUTH 63°29'43" WEST ALONG THE NORTH LINE OF SAID LOT 102, A DISTANCE OF 76.28 FEET TO THE NORTHWEST CORNER THEREOF AND THE SOUTHEAST CORNER OF LOT 121 OF SAID SANDHILL ESTATES PART FOUR; THE FOLLOWING SEVEN COURSES ARE ALONG THE EASTERLY LINE OF SAID SANDHILL ESTATES PART FOUR. THENCE NORTH 25°32'47" WEST, 169.28 FEET; THENCE NORTH 15°24'15" WEST, 67.67 FEET; THENCE NORTH 42°36'55" WEST, 65.44 FEET; THENCE NORTH 21°48'44" WEST, 68.15 FEET; THENCE NORTH 3°28'41" WEST, 71.50 FEET; THENCE SOUTH 70°03'53" WEST, 60.28 FEET; THENCE NORTH 36°41'19" WEST, 190.48 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 8.88 ACRES. PLANS SCALE CORRECTLY WHEN PLOTTED ON 22"x34" PAPER SANDHILL ESTATES PART 5 PRELIMINARY PLAT AND SENSITIVE AREAS PLAN FOR SHEET P1.0 CAD File: I:\projects\20000\20034\20034-17-5-Sandhill Estates -Part 5\DWG\Plats\20034-17-5 PP v6.dwg Date Plotted : Apr 20, 2022 - 3:52pm Plotted By : BDV SS18 SS18 SS18 PRAIRIE HEIGHTS DRIVE (FUTURE) LOT 15 LOT 16 66' STORM SEWER AND SANITARY SEWER EASEMENT (FUTURE ROW FOR PRAIRIE HEIGHTS DRIVE AND COVERED WAGON DRIVE) PROPOSED 8" DIA PVC SANITARY SEWER (TYP) INSTALL STORM INTAKE BASES ONLY, TOPS TO BE INSTALLED WITH ROADWAY IMPROVEMENTS FOR FUTURE ADDITIONS LOT 18 30 60 90 120 GRAPHIC SCALE IN FEET SCALE: 1"=60' 35' STORM SEWER AND DRAINAGE EASEMENT PROPOSED GASKETED / STORM SEWER (TYP) STORM WATER CONVEYANCE AND MANAGEMENT EASEMENT / PROPOSED GASKETED / STORM SEWER (TYP) OUTLOT A SHALL BE FOR STORM WATER CONVEYANCE AND MANAGEMENT TO BE MAINTAINED BY HOMEOWNERS ASSOCIATION 30' STORM SEWER EASEMENT 8" DIAMETER CL52 DIP WATER MAIN (TYP) PROPOSED REGIONAL RETENTION BASIN TO BE CONSTRUCTED WITH SANDHILL ESTATES PART 5 IMPROVEMENTS OUTLOT A 110,003 SF 2.53 AC OUTLOT 'B' 20' STORM SEWER AND DRAINAGE EASEMENT EXISTING STORM WATER RETENTION AREA EXISTING STORM SEWER AND STRUCTURES (TYP) 12" DIAMETER CL52 DIP WATER MAIN 8' SIDEWALK (NORTH SIDE OF COVERED WAGON DRIVE ONLY) OUTLOT 'M' 15' UTILI EASEMENT 50' 15' LOT 140 14,300 SF 0.33 AC GASKETED RCP STORM SEWER (TYP) LOT 74 LOT 127 8,655 SF 0.20 AC 1.0% LOT 72 \ \ LOT 125 \ LOT 126 8,788 SF 0.20 AC 20' STORM SEWER AND DRAINAGE EASEMENT /6 / / R45' R34' R23' LOT 139 13,199 SF 0.30 AC FRONTIER LOOP 22' B -B EXISTING WATER MAIN (TYP) LOT 131 8,142 SF 0.19 AC 15' MAILBOX CL (TO BE CON UTILITY EASEMENT STER LOCATION IRMED WITH POSTMA' // �PL� 5 / )� MEDIAN SHALL BE MAINTAINED BY HOA LOT 71 LOT 70 LOT 69 LOT 113 EXISTING SANITARY SEWER (TYP) LOT 124 LOT 136 8,030 SF 0.18 AC LOT 137 N 8,038 SF 0.18 AC LOT 138 20,550 SF 0.47 AC 012) LOT 132 8,692 SF 0.20 AC OUTLOT A SHALL BE FOR STORM SEWER AND STORM WATER CONVEYANCE TO BE MAINTAINED BY HOMEOWNERS ASSOCIATION LOT 114 LOT 123 (ST15) LOT 103 LOT 115 REMOVE EXISTING PCC TURNAROUND LOT 122 EXISTING TEMPORARY TURNAROUND EASEMENT TO BE RELEASED WITH IMPROVEMENTS TO SANDHILL ESTATES PART 5 EXISTING STORM SEWER AND STRUCTURES (TYP) LOT 70 LOT 134 12,371 SF 0.28 AC LOT 71 LOT 104 LOT 69 LOT 72 EXISTING STORM WATER RETENTION AREA LOT 116 LOT 105 LOT 73 LOT 68 LOT 109 LOT 133 11,950 SF 0.27 AC LOT 121 LOT 74 LOT 67 LOT 106 LOT 117 LOT 108 DRAWN BY: CJZ // CHECKED BY: BDV APPROVED BY: BDV DATE: 04/19/22 FIELD BOOK: XXX // // // NO. REVISION DESCRIPTION APPROVED DATE CITY OF IOWA CITY LOT 75 LOT 66 1.0' TYP FRONTIER LOOP TYPICAL STREET CROSS SECTION (NOT TO SCALE) SEE NOTE 2 - PROFILE LINE, E ROW, AND SURVEY BASELINE UNLESS NOTED OTHERWISE 23' TO ROW 22.1' B -B 6.0' - 5.0' - STANDARD 6" CURB 1.0' TYP KT -2 OR L-2 JOINT SEE NOTE 4 1.5% COMPACTED FILL NOTES: SUBDRAIN (TYP) AS SHOWN ON PLANS SEE NOTE 1 COMPACTED SUBGRADE AS SPECIFIED - 6" MIN. SUBBASE AS SPECIFIED - 7" PCC PAVEMENT DEPTH STORM SEWER WITH GASKETED JOINTS AS PER PLANS SEE NOTE 1 1. REFER TO PLANS FOR LOCATION OF SUBDRAINS AND/OR STORM SEWER LINES. WHERE PLANS SHOW THESE LINES UNDER PAVEMENT LONGITUDINALLY, SUBGRADE SHALL BE SHAPED TO DRAIN TO TRENCHES FOR THESE LINES. THIS WORK IS ALSO REQUIRED FOR LINES UNDER INTERSECTION RETURNS. DEPTH OF SUBBASE SHALL BE INCREASED AS REQUIRED FOR THIS WORK. 2. SUBBASE SHALL BE EXTENDED OVER STORM SEWER AND/OR SUBDRAIN TRENCHES WHERE REQUIRED TO MAINTAIN PROPER SUBBASE DRAINAGE. SUBBASE SHALL BE EXTENDED TO CENTERLINE OF STORM SEWER TRENCH AND COMPLETELY OVER SUBDRAIN TRENCH. 3. SEE SUDAS DETAIL 7030.104 FOR GRADING BEHIND CURB. 4. LONGITUDINAL JOINTS SHALL BE LOCATED AT THE CENTERLINE AND 3' OFF THE BACK OF CURBS PER SUDAS DETAIL 7010.901 - 8.0' TYPICAL 66' R.O.W. 31' B -B STREET CROSS SECTION (NOT TO SCALE) PROFILE LINE, E ROW, AND SURVEY BASELINE UNLESS NOTED OTHERWISE 1/2 R.O.W. - 33' 8.5' 31' B -B 1/2 R.O.W - 33' 15.5' 15.5' STANDARD 6" CURB 2.0% COMPACTED FILL NOTES: PROFILE GRADE JOINT SEE NOTE 4 2.0% SUBDRAIN (TYP) AS SHOWN ON PLANS SEE NOTE 1 - COMPACTED SUBGRADE AS SPECIFIED - 6" MIN. SUBBASE AS SPECIFIED - 8" PCC PAVEMENT DEPTH -SEE NOTE 2 STORM SEWER WITH GASKETED JOINTS AS PER PLANS SEE NOTE 1 1. REFER TO PLANS FOR LOCATION OF SUBDRAINS AND/OR STORM SEWER LINES. WHERE PLANS SHOW THESE LINES UNDER PAVEMENT LONGITUDINALLY, SUBGRADE SHALL BE SHAPED TO DRAIN TO TRENCHES FOR THESE LINES. THIS WORK IS ALSO REQUIRED FOR LINES UNDER INTERSECTION RETURNS. DEPTH OF SUBBASE SHALL BE INCREASED AS REQUIRED FOR THIS WORK. 11.5' 2.5' TYP 4.0% 5.0' - 1.5% 2. SUBBASE SHALL BE EXTENDED OVER STORM SEWER AND/OR SUBDRAIN TRENCHES WHERE REQUIRED TO MAINTAIN PROPER SUBBASE DRAINAGE. SUBBASE SHALL BE EXTENDED TO CENTERLINE OF STORM SEWER TRENCH AND COMPLETELY OVER SUBDRAIN TRENCH. 3. SEE SUDAS DETAIL 7030.104 FOR GRADING BEHIND CURB. 4. LONGITUDINAL JOINTS SHALL BE THIRD POINT JOINTING PER SUDAS DETAIL 7010.901 (MAX.) 3 -11 1.0' TYP TYPICAL 28' B -B STREET CROSS SECTION (NOT TO SCALE) PROFILE LINE, E ROW, AND SURVEY BASELINE UNLESS NOTED OTHERWISE 1/2 R.O.W. - 30' (SE OF TRAFFIC CIR.) 1/2 R.O.W. - 30' (SE OF TRAFFIC CIR.) 1/2 R.O.W. - 35' (NW OF TRAFFIC CIR.) 1/2 R.O.W. - 35' (NW OF TRAFFIC CIR.) 28' B -B 5.0'- 10.0'- ~ 8.0' 12.0' 14' STANDARD 6" CURB 2.0% COMPACTED FILL NOTES: PROFILE GRADE 14' JOINT SEE NOTE 4 2.0% ' �1 10.0'- 5.0' - 15.0' SUBDRAIN (TYP) AS SHOWN ON PLANS SEE NOTE 1 -COMPACTED SUBGRADE AS SPECIFIED - 6" MIN. SUBBASE AS SPECIFIED - 7" PCC PAVEMENT DEPTH SEE NOTE 2 STORM SEWER WITH GASKETED JOINTS AS PER PLANS SEE NOTE 1 1. REFER TO PLANS FOR LOCATION OF SUBDRAINS AND/OR STORM SEWER LINES. WHERE PLANS SHOW THESE LINES UNDER PAVEMENT LONGITUDINALLY, SUBGRADE SHALL BE SHAPED TO DRAIN TO TRENCHES FOR THESE LINES. THIS WORK IS ALSO REQUIRED FOR LINES UNDER INTERSECTION RETURNS. DEPTH OF SUBBASE SHALL BE INCREASED AS REQUIRED FOR THIS WORK. 2.5' 4.0- P 1.5% 2. SUBBASE SHALL BE EXTENDED OVER STORM SEWER AND/OR SUBDRAIN TRENCHES WHERE REQUIRED TO MAINTAIN PROPER SUBBASE DRAINAGE. SUBBASE SHALL BE EXTENDED TO CENTERLINE OF STORM SEWER TRENCH AND COMPLETELY OVER SUBDRAIN TRENCH. 3. SEE SUDAS DETAIL 7030.104 FOR GRADING BEHIND CURB. 4. LONGITUDINAL JOINTS SHALL BE THIRD POINT JOINTING PER SUDAS DETAIL 7010.901 (MAX.) 3 -11 HALL & HALL ENGINEERS, INC. L, ad rs in Land DDweopm nn¢ awe 21953 HEW, 1860 BOYSON ROAD, HIAWATHA, IOWA 52233 PHONE: (319) 362-9548 FAX: (319) 362-7595 CIVIL ENGINEERING* LANDSCAPE ARCHITECTURE LAND SURVEYING• LAND DEVELOPMENT PLANNING www.halleng.com PRELIMINARY PLAT AND SENSITIVE AREAS PLAN FOR SANDHILL ESTATES PART 5 IN THE CITY OF IOWA CITY JOHNSON COUNTY IOWA PRELIMINARY PLAT SITE LAYOUT & UTILITIES PROJECT NO: 20034-17-5 SHEET P2.0 CAD File: I:\projects\20000\20034\20034-17-5-Sandhill Estates-Part 5\DWG\Plats\20034-17-5 PP v6.dwg Date Plotted : Apr 20, 2022 - 3:52pm Plotted By : NOTICE: OVERALL NPDES AND SWPPP FOR THE DEVELOPMENT ARE CURRENTLY ONSITE AND CURRENT FOR THE DEVELOPMENT. THE STORM WATER POLLUTION PREVENTION PLAN (SWPPP) SHALL BE KEPT ON THE CONSTRUCTION SITE AT ALL TIMES FROM THE DATE CONSTRUCTION ACTIVITIES BEGIN TO THE DATE OF FINAL STABILIZATION. ALL OPERATORS/CONTRACTORS WORKING ONSITE MUST SIGN THE CERTIFICATION STATEMENT PROVIDED AND WILL BECOME CO -PERMITTEES ON THE NPDES GENERAL PERMIT NO. 2 FOR THIS SITE. ALL OPERATORS/CONTRACTORS WORKING ONSITE SHALL BE SUPPLIED A COPY OF THE SWPPP AND MUST BE FAMILIAR WITH ITS CONTENTS. THE SWPPP MUST BE PERIODICALLY UPDATED TO SHOW CURRENT EROSION CONTROL PRACTICES. UPDATED VERSIONS OF THE SWPPP WILL BE PROVIDED TO ALL OF THE OPERATORS/CONTRACTORS WHOM ARE AFFECTED BY THE CHANGES MADE TO THE SWPPP. IT WILL BE THE DUTY OF THE PERMITTEE (OWNER OR GENERAL CONTRACTOR) TO SEE THAT THESE REQUIREMENTS ARE MET. GRADING NOTES 1. CONTRACTOR SHALL BE RESPONSIBLE FOR ALL EROSION CONTROL APPRENTICES. 2. CONTRACTOR SHALL INSTALL SILT FENCE, HEAVY WOOD FIBER FILTER SOCK, OR APPROVED EQUIVALENT AROUND ALL INTAKES PER SUDAS DETAILS 9040.19 & 9040.20. 3. CONTRACTOR SHALL VERIFY DEPTH AND LOCATION OF ALL EXISTING UTILITIES AND STRUCTURES PRIOR TO CONSTRUCTION ACTIVITIES. 4. CARE SHOULD BE TAKEN TO PROTECT ALL EXISTING STRUCTURES AND UNDERGROUND FACILITIES. 5. ALL SITE WORK SHALL BE PERFORMED IN ACCORDANCE WITH THE GEOTECHNICAL EXPLORATION REPORT OF RECORD FOR THE SITE 6. CONTRACTOR SHALL STRIP ALL ORGANIC MATERIAL WITHIN GRADING LIMITS. A MINIMUM 6" DEPTH. REFER TO IOWA CITY AND SUDAS FOR All OTHER GRADING REQUIREMENTS. 7. PRIOR TO ANY SITE GRADING ACTIVITIES, THE CONTRACTOR SHALL OBTAIN A CSR PERMIT FROM THE CITY OF IOWA CITY. 8. ALL DISTURBED AREAS NOT PAVED OR HARD SURFACED ON THE SITE SHALL RECEIVE MINIMUM 6" TOPSOIL. 9. WHEN CONSTRUCTION ACTIVITIES ARE COMPLETE, CONTRACTOR TO PROVIDE STABILIZING CROP SEED MIX PER APPLICABLE STANDARDS. 10. MAINTAIN SUBSTANTIAL VEGETATED AREA AROUND ENTIRE PROJECT PERIMETER TO ACT AS VEGETATED FILTER STRIP. CONTRACTOR SHALL INSTALL ADDITIONAL SILT FENCE OR EQUIVALENT TO ENSURE EROSION AND SEDIMENTATION MEET THE REQUIREMENTS OF THE GENERAL PERMIT NO. 2. 11. CONTRACTOR SHALL PROTECT ALL ADJOINING PROPERTIES FROM DISRUPTION DURING CONSTRUCTION ACTIVITIES. 12. FILL AREAS WITHIN STREETS AND AREAS OF 4' OR GREATER FILLS WITHIN BUILDING AREAS AS SHOWN ON THE GRADING PLAN REQUIRE SOIL TESTING BY AN APPROVED GEOTECHNICAL FIRM. THESE AREAS TO RECEIVE STRUCTURAL FILL AND TESTING PER LOCAL BUILDING DEPARTMENT REQUIREMENTS. PROVIDE TESTING RESULTS TO OWNER AND ENGINEER OF RECORD. 13. PROPER PERMITS SHALL BE IN PLACE FOR ANY GRADING ACTIVITIES WITHIN THE CITY RIGHT OF WAY. 14. COORDINATE CLEARING AND GRUBBING LIMITS, DEBRIS STOCKPILE LOCATIONS AND DEBRIS DISPOSAL WITH OWNER. 15. VERIFY STOCKPILE LOCATION AND VOLUME WITH OWNER PRIOR TO COMMENCING WORK. 16. EXCESS TOPSOIL TO BE UTILIZED AS FILL OUTSIDE OF BUILDING/ROADWAY AREAS TO HELP ACHIEVE A BALANCE ON EARTHWORK. 17. THE PROPOSED CONTOURS SHOWN FOR THE SITE REPRESENT THE TOP OF FINISH GROUND. 18. APPROXIMATELY 11.0 ACRES WILL BE DISTURBED WITH THE SITE IMPROVEMENTS. 19. SCARIFY EXISTING SUBGRADE TO A DEPTH OF 12" AND RECOMPACT TO 95% OF STANDARD PROCTOR DENSITY (ASTM D698) CONTENT PRIOR TO PLACEMENT OF FILL. ALL FILLS TO BE PLACED AT LIFTS OF 9" OR LESS. FILLS PLACED BELOW LAWNS SHALL BE COMPACTED TO 90% OF MATERIALS MAXIMUM STANDARD PROCTOR DRY DENSITY (ASTM D698). FILLS PLACED UNDER ROADWAY AND BUILDING AREAS SHALL BE COMPACTED TO 98% STANDARD PROCTOR DRY DENSITY (ASTM D698) AND SHALL BE FREE OF ORGANIC MATTER, DEBRIS, AND OTHER DELETRIOUS MATERIAL. 20. SCARIFY AND RE -COMPACT THE TOP 9" OF SUBGRADE IN ALL CUT AREAS AFTER ROUGH GRADING IS COMPLETE. COMPACT THE ENTIRE PAVING AND BUILDING SUBGRADE TO 95% STANDARD PROCTOR DRY DENSITY. FOLLOWING UTILITY INSTALLATIONS, THE UPPER 12" OF SUBGRADE WITHIN ROADWAYS AND BUILDING AREAS SHALL BE STRIPPED AND RE -COMPACTED TO 98% STANDARD DRY DENSITY (ASTMD698) IN TWO 6" LIFTS. 21. IT IS THE OWNERS RESPONSIBILITY TO HAVE A GEOTECH REVIEW GRADING PLAN AND DESIGN TO VERIFY SLOPE STABILITY AND ANY OTHER POTENTIAL GRADING ISSUES. 22. THE HOME BUILDER SHALL GRADE REAR AND SIDE YARDS TO ULTIMATELY DRAIN AWAY FROM THE HOUSE TO THE STREETS, BACK YARDS, OR DRAINAGE SWALES EROSION CONTROL NOTES 1. ALL EROSION AND SEDIMENT CONTROL MEASURES SHALL BE INSTALLED AND MAINTAINED PER THE IOWA CITY AND SUDAS STANDARD DETAILS/SPECIFICATIONS, PER THE STORM WATER POLLUTION PREVENTION PLAN AND AS DEEMED NECESSARY BY THE JURISDICTIONAL ENGINEER. CONTRACTOR SHALL BE PREPARED TO INSTALL ADDITIONAL MEASURES THAN THOSE SHOWN ON THE EROSION CONTROL PLAN IF SITE CONDITIONS WARRANT. 2. EROSION CONTROL METHODS SHALL BE IN PLACE PRIOR TO AREAS BEING DISTURBED. 3. EROSION CONTROL DEVICES SHALL BE CHECKED BY THE GENERAL CONTRACTOR EVERY SEVEN (7) DAYS AND AFTER EACH RAINFALL EVENT EQUAL TO 1/2" OR GREATER TO ENSURE WORKING ORDER. 4. REPAIRS TO SOIL EROSION CONTROL DEVICES DEEMED NECESSARY SHALL BE COMPLETED IMMEDIATELY UPON NOTIFICATION OR WITHIN 24 HOURS IF WEATHER DELAYS. 5. MINIMIZE SOIL EROSION AND TRANSPORT BY MAINTAINING ALL EXISTING VEGETATION GROWTH WITHIN THE PROJECT LIMITS FOR AS LONG AS POSSIBLE TO SERVE AS A NATURAL BUFFER. CONTRACTOR TO PROTECT ALL ADJACENT PROPERTIES FROM DISRUPTION AT ALL TIMES. 6. WHEN CONSTRUCTION ACTIVITIES ARE COMPLETE, RESPREAD TOPSOIL OVER THE DISTURBED SITE AT 4 TO 6 INCHES. 7. PROVIDE TEMPORARY SEEDING IN DISTURBED AREAS WHERE OPERATIONS WILL NOT COMMENCE OR PERMANENT SEEDING WILL NOT BE COMPLETED FOR A PERIOD OF 14 DAYS OR MORE. 8. ALL SLOPES GREATER THAN 4:1 SHALL BE MULCHED OR APPLY WOOD EXCELSIOR MATTING. 77 77 7 / 7 / / \ \ / PRAIRIE HEIGHTS DRIVE (FUTURE) \ \ 6CP �� \ 6-' CP 9 CP 69▪ 0 \ 7 7 9c' \ \ \ 7 THIS PORTION OF EXISTING TEMPORARY STOCKPILE TO REMAIN UNTIL FUTURE ADDITIONS ARE DEVELOPED \ \ \ \\‘. \ \\ \\\\\ \\\\ \\ �/////\7\/�/\//6 \ 6• \ \ \ \� \ \ \ 1 ///////�//�\ �/// j ■ \\\\ \\ \\ \\/ill/-�////'� i \ \\ \ \ \�\\\ \<</il// �I r J/ / ;� ��\\\ \ � \\ \\ \\\\\ \\\\ -'♦♦ / 76 i 6 68S s9/ / / co co 7 / / p�� Gip O Pp 7--\ / \ i 1 / cb cb co PROPOSED GRADING LIMITS 1 / 6 CA 55 ---- , - � \7 \ 7- // / // / \ 7 / /� � -,- --- /-�� // \ / 687 �- 7 • • • • • 7- 7- 7 i / / \ _684- \ \ \\ \ \ / \ \ \ //7 WASTE / \ CONTAINER/ I / CHEMICAL 1 / STORAGE / r AREA / /1 7 / i 633 / �- t /7 ® �/ / 7 / 7 / / / 7- \ 1 // // / • 0 / / / i i i i / // 7/ / / / / / 7 661 LS ECI JJ 10'6, \ 6/6' / 1a / \6' CP CP 6' - -681' �. / \y • �jb • 1 // `N • • ��� \/// \// X/ \ v(02, •„. \\ �� \// NN .. 01, X /� \ \ �' /S�< \ // \ \ •75' /��\ \/ I A 6, �. ��� I / 1 RETENTION POND TO /BE AERATED WITH A 4// 1 FOUNTAIN OR OTHER / 44 I AERATOR TO ENSURE •4� AEROBIC POND • 1 / / / / CONDITIONS I I / 6/ I .1 I I• I EQUIPMENT/ MATERIAL • STORAGE & STAGING AREA ' I- • • ♦ • 6' 8� JJ 1 \ 7 - 1 CONSTRUCTION 1 LIMIT LINE L 47-'4 7- L 1 • / \ \ \ \ \ \ \\( \ \\\\ # • %' • • �_ \� \ \\ \\ \\\\\ •- \ \\ /�__ \ 'x\77 \\\ \\\ \\ \ \\ \ \\\\ \ \\ \ \\ \ \\ J 7 \\ \\ \\\ \\\\��\\\\\ \ \ J \ _ \ \ \ \ \ \ \ \ \ \\ \ \\ \ \\\ 7 \ \ \ _ - \ \ \ �----- / ____ _- 7 \ \ \\ \\ \\\ \\ REMOVE ALL SEDIMENT FROM THE BASINS ONCE CONSTRUCTION ACTIVITIES HAVE BEEN COMPLETE. / \ \ \ \\ \\\ \ \ \ \ \ 10. SILT FENCES SHALL BE INSTALLED PER SUDAS AS SHOWN ON THE EROSION CONTROL PLAN. ADDITIONAL SILT FENCE SHALL BE INSTALLED AS NECESSARY BY THE CONTRACTOR. / /100, - \ � \\ \ \ �\ \ \ \ \ MAINTENANCE AND/OR REPLACEMENT OF THE SILT FENCE IS ALSO THE RESPONSIBILITY OF THE CONTRACTOR. / /,�1%•• INSTALL STABILIZED 7 I / CONSTRUCTION \ \ • 11. SITE CLEAN-UP SHALL BE PERFORMED ON A DAILY BASIS. SIDEWALKS, PARKING LOTS, ROADWAYS, ETC. SHALL BE KEPT CLEAN AT ALL TIMES. / / / / / / 1 ( 7 ENTRANCE PER SUDAS \\ / 12. ALL OPEN EXCAVATIONS SHALL BE PROTECTED. / / \ I 1 / DETAIL 9040.20 (TYP) / // 13. CONTROL DUST SPREADING FROM ALL WORK AND STAGING AREAS. / _ \ \ \ \ 7 \ I/ I II� ///��/ // l/ 14. MAINTAIN POSITIVE DRAINAGE ON THE SITE THROUGHOUT THE PROJECT DURATION. //- \ \ \ \ \ J 1))(\\// j 15. THE LAST 20 FT OF EACH END OF ALL SILT FENCE OR FILTER SOCKS THAT IS INSTALLED SHALL BE TURNED UPHILL ("J" -HOOK METHOD). /� \ \ \ \ \ \ \ 7 \ 7 �i// /% 16. THE BOTTOM AND SIDES OF ALL SWALES SHALL BE COVERED WITH EROSION CONTROL MATTING. \ \� \ \ \ \ \ �.„.„,-7<_, // / i / 17. CONTRACTOR SHALL INSTALL TEMPORARY SILT FENCES AROUND ALL INTAKES. EROSION CONTROL SOCKS OR EQUIVALENT SHALL BE USED AT STREET INTAKES ONCE THE STREET - 7- 7 \ \\\ '\\\ \ 7 �- -- ij PAVING HAS BEEN COMPLETED. EROSION SOCKS SHALL BE MAINTAINED UNTIL THE SITE HAS BEEN STABILIZED. 7 \ \ 7\\\\ ��T - --/- 7 -)' 1y \ ,7' \ ---\ 7 9. CONTRACTOR SHALL INSTALL AND MAINTAIN TEMPORARY SEDIMENT BASINS PER SUDAS UNTIL FINAL GRADING AND SEEDING HAS BEEN PERFORMED ON THE SITE. CONTRACTOR SHALL / / w , \\ \ ��� �\ \ \ \ \ �p QP SWPPP AND DETAILED PHASED GRADING PLAN WILL BE INCLUDED WITH THE DETAILED PLAN OF IMPROVEMENT DRAWINGS i \ii.\\O-R-r\A\-\P:8\:\\- r\\,:l\ \\ ?,\ 7 \ 7 7 7 \ \ AREA t\ 1 , II / N ; 1 \ \ 5') \ \ \ 8L 00T301 .34 0.18 AC - LOT 137 El j407,) 4f;48C L'i07450 SF IA TOPSOIL I)\ STOCKPILE A 1\ AREA v SANDHILL ESTATES PART 5 BOUNDARY LINE z \ 7\ 7 / 7 I • • • • • • • • 0/ / i 30 60 90 120 GRAPHIC SCALE IN FEET / SCALE: 1"=60' 4:1 MAX SLOPE / 'III - I\ I 7 I / (/ (/615-����\ �itllitl 11\1111 1\\\\\\\ �\ 11111 \\\ 1111 I \- \ \\A\ III 11 EROSION SWEEN TONE \\\\\\\\\‘\\ \\ \ I1N. 1 11 1 1 1 AND 73 00 71.0 vvA�\y I111�1111 \\\\ \\1 \ - I SEDIMENT FOREBAY NN I (FOREBAY TOP BERM= 672.50) , \\\/ I WITH RIP -RAP APRON OUTLET 1 I 1 I 1 PROTECTION (TYP) I�1111 I 11 1 \\ _ 15:1 SAFETY 7- 7 BENCH @ 670.0 \ �� \ \ I NORMAL WATER ` \ 1 I I / / ELEVATION 671.85 \ _ _ _ 11111`\77- 672 =673- --- ---1 674 675-676---- SOCKOR EQUIVALENT PER - INSTALL SILT FENCE, FILTER \ SUDAS DETAILS 9040.19 & I9NOT4A0K.2E0SA.ND AROUND ALL / co ( / DICKENSON CT 675 MINIMUM LOW OPENINGS (MLO'S) FOR LOTS 61-65 SHALL BE 1.75' ABOVE THE BOTTOM OF THE REAR DRAINAGE SWALE AT A LOCATION ADJACENT AND PERPENDICULAR FROM THE OPENING TO THE DRAINAGE SWALE. MLO FOR LOT 66 SHALL BE 730.50 AND 1.75' ABOVE THE BOTTOM OF THE REAR DRAINAGE SWALE AT A LOCATION ADJACENT AND PERPENDICULAR FROM THE OPENING TO THE DRAINAGE SWALE. ANTICIPATED GRADING SEQUENCE AND PHASING PHASE 1 MASS GRADING 1. BRING ENTRANCE UP TO GRADE AND INSTALL CONSTRUCTION ENTRANCE 2. INSTALL PERIMETER SILT FENCE PRIOR TO MASS GRADING 3. COMPLETE ANY NECESSARY DEMOLITION 4. COMPLETE MASS GRADING OF SITE INCLUDING TOPSOIL STRIPPING AND STOCKPILING. 5. INSTALL SILT FENCE THROUGHOUT THE SITE AND AROUND TEMPORARY SEDIMENT BASINS TO CONTROL EROSION, ADD SILT FENCE AROUND ALL STOCK PILES 6. INSTALL DITCH CHECKS PHASE 2 CONSTRUCT UTILITIES AND PAVING 7. INSTALL CONCRETE WASHOUT 8. INSTALL STORAGE AREAS, PORT -A -POTTIES, AND TEMPORARY PARKING/STAGING AREAS 9. INSTALL UNDERGROUND UTILITIES AND WATER MAIN WHERE IT CROSSES UNDER PAVING 10. INSTALL INLET PROTECTION AS INTAKES AND INLETS ARE CONSTRUCTED 11. COMPLETE PAVING 12. INSTALL REMAINING WATER MAIN 13. MAINTAIN CONSTRUCTION ENTRANCE PHASE 3 FINAL GRADING AND STABILIZATION 14. CLEANOUT TEMPORARY SEDIMENT BASINS AND COVERT TO INLETS 15. REMOVE STOCKPILES AND RESPREAD TOPSOIL 16. REMOVE CONCRETE WASHOUT 17. INSTALL EROSION CONTROL MATTING ON ALL SLOPES 5:1 OR STEEPER AND DRAINAGE SWALES THAT ARE TO BE SEEDED. 18. AFTER FINAL GRADING IS COMPLETE AND THE EROSION MATTING IN THE DRAINAGE SWALES IS INSTALLED, SILT FENCE MUST BE INSTALLED (ACTUAL SILT FENCE, NOT FILTER SOCK) ALONG THE BOUNDARIES OF DRAINAGE EASEMENTS AND OVERFLOW SWALES 19. SEED OR SOD ENTIRE SITE 20. REMOVE CONSTRUCTION ENTRANCE 21. AFTER SITE IS COMPLETELY STABILIZED REMOVE SILT FENCE AND OTHER TEMPORARY EROSION CONTROL MEASURES DRAWN BY: CJZ CHECKED BY: BDV APPROVED BY: BDV DATE: 04/19/22 FIELD BOOK: XXX NO. REVISION DESCRIPTION APPROVED DATE CITY OF IOWA MY HALL & HALL ENGINEERS, INC. Leaders in Land Development Since 1953 1860 BOYSON ROAD, HIAWATHA, IOWA 52233 PHONE: (319) 362-9548 FAX: (319) 362-7595 CIVIL ENGINEERING' LANDSCAPE ARCHITECTURE LAND SURVEYING• LAND DEVELOPMENT PLANNING www.halleng.co PRELIMINARY PLAT AND SENSITIVE AREAS PLAN FOR SANDHILL ESTATES PART 5 IN THE CITY OF IOWA CITY JOHNSON COUNTY IOWA PRELIMINARY PLAT OVERALL SITE GRADING & EROSION CONTROL AND SWPPP PLAN PROJECT NO: 20034-17-5 SHEET CAD File: I:\projects\20000\20034\20034-17-5-Sandhill Estates-Part 5\DWG\Plats\20034-17-5 PP v6.dwg Date Plotted : Apr 20, 2022 - 3:52pm Plotted By : BDV \ / V \ \ \ \ \ \ \ \ \ \\ \ \ I \ \\\\ \ \\, 7 \7\ \ \ \ \7 \ \\ \ \ \ \\ / /—�� �\ \ \\\-\ \ \ \\\� \\ \ / 7 - 77 I \\\ \\\ \ \ \\\\\ \ \ \ V \NV \--- \\\\\\�7v-- vvv \ 1 I\ \ 7 \ \� \ \ 1 \ \ 1 \)`` \\ \ \ \ AA\ \ \ V \\\\� \� \�A\ \VA \ \\ �\ \7\ —\\\\\�A\\\7\ 7 \ \ /\ \\\ \ 7 \ I I\ \\\ I�1\\_\\ \ 111Iv�— \ v v 11�I\vyyv vv v 1 1 1 v \ \ /1 1 v 7 7 \/ \\ \ 7 7 \ \/// / / / J/ --\ \ \ \ \ s/ / / // \\\'\ \\ \//j// _ \% \ '(� / / / /\\ \\ ( °/ / / - - ( / 7 -N\ \ \ \ \ \ \1 ° / \ \ / ,- 'J \\ \ \ \\\ \ \ 1\%\—\\\ / /\\\\�\�\\ \ \�\�\7 \\\/ //)\\\ \\ \ 7 �\ \ \\ \\\ \ / I I \\\ \ \ \\\\7 \\\/\\ \ / \ L 7 7 OA / i \ / / — / 7 / \ PRAIRIE HEIGHTS DRIVE (FUTURE) \c -c P99 \\ / / \ -684- 7 1 7 7 SS18, / / / / / /1 7 co co 0) / 1 1 I \ / \ / \ / i L / / / 68 / / / • \ /2/\/ STQ�NN • • 7 7 \ v 6`e0 � \//. // N �`N \ --- SS18 (w12) \sc& ccL\ °\5 GO ()\' ‘=-4° cfi\R' -c° F) PO / 7•4 / / /64� 30 60 90 GRAPHIC SCALE IN FEET SCALE: 1"=60' / i r NN •C OX 1 /1...,,,,e,„: i.:,.....,- _.„........„_71 L ,5' CP \6 6' 690 - \ \ 7 9 69J .7--'\\ \\ \\ \ 7 \ \ SENSITIVE AREAS LEGEND AND NOTES HYDRIC SOILS (33 TO 100% HYDRIC) - 1.53 ACRES OF EXISTING HYDRIC SOILS ONSITE 1.53 ACRES TO BE DISTURBED (100%) DELINEATED EMERGENT WETLANDS ▪ NO DELINEATED WETLANDS LOCATED WITHIN SANDHILL ESTATES PART 5 PLAT BOUNDARY DELINEATED MAN-MADE WETLANDS TEMPORARY WETLAND DISTURBANCE IS AN EXISTING STORM WATER FACILITY THAT IS BEING EXPANDED WITH THIS DEVELOPMENT, THEREFORE EXEMPT FROM CITY WETLAND ORDINANCE EXISTING WOODLANDS - NO WOODLANDS LOCATED WITHIN SANDHILL ESTATES PART 5 PLAT BOUNDARY EXISTING STEEP SLOPES (18% TO 24%) 0.01 ACRES OF EXISTING STEEP SLOPES LOCATED ONSITE - 0.01 ACRES TO BE DISTURBED (100%) EXISTING CRITICAL SLOPES (25% TO 39%) NO CRITICAL SLOPES LOCATED WITHIN SANDHILL ESTATES PART 5 PLAT BOUNDARY 1 EXISTING MAN MADE TEMPORARY SOIL STOCKPILES IhJ.J EXISTING TREE LINE CONSTRUCTION LIMITS NOTE: ALL SENSITIVE AREAS (IF ANY) LOCATED OUTSIDE OF SANDHILL PART 5 PLAT BOUNDARY WILL BE ADDRESSED WITH FUTURE SENSITIVE AREAS PLANS AND PRELIMINARY PLATS FOR THOSE AREAS. DRAWN BY: CJZ CHECKED BY: BDV APPROVED BY: BDV DATE: 04/19/22 FIELD BOOK: • • • • NO. r co / co co 71 / \\ / 7 \ \ S6`i i 7 V A 7 \ 7 7 7 7 A V A \ \\ 7Z j/6g/_SS6 )� 6 9 6 'o,';\ L�• // /�/ /6gg° V\ \ V/// 9// / \ 7 7 7///y — // / /�// \\vV\A\\ \ \ \1:/(/:://///7;;;:-.1- , //�-� � _/ \\\\ A\ v\ vvv\\\V//��j ',((/W (/v \V \ - v A 7 AA VA \\A\ A\\ /77 \ 7 \\ \\ \ \ / / — 1 ----,--___ CO co .......,: :: t . ::::: .:. 1.>,\_...- - :1:8,.., \ \ / /: zra ^\VAA\• / 7 7 _2:- \\\\ \\ \ ��\ \\ \\ \\ \®\ \ \ \ \ \ \vy Nv A 7N \\\ • • co • NN • • . -' / i / I / 7 / / // / / I/ y/ / / / 10— // I 1 : \ I I 1 \ / co • • •• • I• •• oge CO I \I cI,J1\/2 7 \\\\\\\ / \ \\ \\\\,\ 1 / / \ \\\\\0\ 11111111 i ^ ----N--., \\ \\\\\\ 11111111 / \\ \7,7\\\\ / I IIII11( \\\\\!� / 11111111 \\\� 111 1111 I \\N \\\� 11 I I I �\ �� .,� 7 / 111 1 I 7\ \ \���` 1111 vy ��, ,� 1 1 \ 11/ 11 / / / — \ / \ _ • / O / ,-10,c,1>. 7 Q — — ^ — \\ \\\ \\ / I I 1 / / \ \ ` / \ // "/ I \ 17 7 7 \ \ \ \ \ \ 7 \ \\\\ \\ \\\ \\ \\ \\ \ \ \ \ \ \\\ \\\ • \ \\ \\\ \ \\ \ \ \ \ o \ 1 �I////�7/// /7 I /// / \ \ \� . ,/i�/�/ LOT 129 0.23 AC 7 7 v\.\' 77 ' \ 1-1_111- -sij 7 \\7 _7r -1:11 \\ \\ II \ II / ____NN\N \ \_\._ \ ' v_.......3. --7.---- / ) )\---\": \\ \7 \7\ 77 74, LOT 126 LOT 139 \ 13,199 SF SS8 FRONTIER LOOP LOT 132 8,692 SF 0.20 AC /IV 1 11 1 i j I I u /7 ---Vr I I / / 1 // / /7 co CP I ic,S--/(/ 7r) I -- -_ \ \ )N ------- — — ,..„ \ , ____ • LOT 133 11,950 SF 0.27 AC 1)( 7 7 \ 7 -..._rozo 1 7 /1z- ----,_ 7 1 \ -z / J_ - -1--` \ BS A:Nu D:HD AI —RL yE NAET E S \1-' A RT 51 1\'/\)1 \ .1)1/11177,111 //7///r// -j--; -1-1:11-1-11:t11-' 61-0 \N\\\\\\:\ '„) )1 ir I I I } )/\'\\i\ :111111\1,\I \i\\ti 1\/\ (\ \\11)11:10,1\\\I\ /\ 1 Ili \ 7777 1, ,) \ III 11H i L -y '-'\\\ (7,\( /I \r ( j 1 (.\ 11 \\11:1::11'\ REVISION DESCRIPTION APPROVED DATE CITY OF ION CITY I HALL & HALL ENGINEERS, INC. Leaders irm Land Development Since 1953 H_Eff_Nr. 1860 BOYSON ROAD, HIAWATHA, IOWA 52233 r -Err PHONE: (319) 362-9548 FAX: (319) 362-7595 CIVIL ENGINEERING. LANDSCAPE ARCHITECTURE LAND SURVEYING• LAND DEVELOPMENT PLANNING www.halleng.con PRELIMINARY PLAT AND SENSITIVE AREAS PLAN FOR SANDHILL ESTATES PART 5 IN THE CITY OF IOWA CITY JOHNSON COUNTY IOWA — ------ - PRELIMINARY PLAT SENSITIVE AREAS PROJECT NO: 20034-17-5 SHEET Planning and Zoning Commission May 4, 2022 Page 13 of 17 the end of the day, the County is still going to decide but they ask that the Commission follow the staff's recommendation. Hensch closed the public hearing. Martin moved to recommend denial of an application submitted by MidAmerican Energy Company for a County conditional use permit to allow for an electrical substation located north of Kountry Ln and west of the Sycamore Greenway in unincorporated Johnson County. The Johnson County Board of Adjustment is the ultimate decision maker regarding County conditional use permits. Therefore, if they approve the application, staff recommends the approval include the following conditions: 4. Dedication of the extension of the Soccer Park Rd right-of-way to the City of Iowa City subject to review and approval of construction drawings by the City Engineer and in a fee simple form subject to review and approval by the City Attorney's Office. 5. City review of the site plan per the City/County Fringe Area Agreement and to ensure the location of the transmission lines do not impact the trail network and are located on the north side for the portion that runs along the Lehman Ave right-of-way. Padron seconded the motion. Hensch concurs with the motion, he is pretty convinced by the service lines and the transmission lines encircling the housing complex there is not a good idea because the people living there are not short term or transient. Martin noted this denial will still move it forward and it's the County's decision but the other location is ideal and this is less than ideal. Craig supports the motion to deny agreeing the other location is so much better. This would be a much harder vote for her if it stopped the process, but it doesn't, the option still stays there. She also wanted to say to the MidAmerican folks she appreciates all the work and the effort and money and time that they put into keeping the lights on around here. Townsend agrees with this denial because she would not want to be a part of putting another substation next to housing even though it's so called temporary housing. A vote was taken and the motion to deny passed 6-0. CASE NO. SUB22-0002: Location: South of Wetherby Park and east of Covered Wagon Drive An application for a preliminary plat for Sandhill Estates — Part Five, an 8.88 -acre subdivision containing 18 residential lots. Walsh began the staff report showing an aerial map of the 8.88 -acre property for the proposed Sandhill Estates — Part Five development. He next showed the zoning map for the surrounding Planning and Zoning Commission May 4, 2022 Page 14 of 17 area. Regarding background, a preliminary plat for Sandhill Estates was approved in 2004 for a 379 lot 119.94 acre rezoning and preliminary plat. There have been four approved final plats, the first beginning of 2004, Sandhill Estates — Part Five would be the fifth installment of that. Recent improvements include preliminary plats and sensitive areas development plans by staff, and the most recent final plat approval was Sandhill Estates - Part Four in 2016. The rezoning conditions from the 2004 preliminary plat approval are as follows: • A separate left turn lane on Gilbert Street for southbound to eastbound traffic must be constructed before more than 25 units are constructed, this approval criteria has been met. • Conditions B and C are not yet applicable but will be when the mentioned lots are developed that includes vehicular access to lots 161 to 204 and 304 to 330 shall be from the alley. The design of homes from lots 161 to 204 and 304 to 330 shall be subject to Planning and Zoning Commission approval along with the final plat according to the below conditions. • Criteria D states for lots less than 60 feet in lot width with no alley access, the front yard setback shall be 25 feet. Walsh noted this criteria is approved to be met but as mentioned B and C will be dealt with later on. He showed the preliminary plat for the 8.88 acres which has 18 residential lots and outlot A. The conditions of the rezoning that are represented are lots 138, 139 and 140 have lot widths less than 60 feet but will be set back to the recommended 25 feet. Outlot A is 2.53 acres and would be the offsite stormwater conveyance for Sandhill Estates, adjacent development and future development. Outlot A includes the right-of-way which is 2.05 acres including the extension of Covered Wagon Drive and Sand Prairie Trail intersecting at a roundabout as well as the construction of Frontier Loop. Outlot A is the location of wetlands and hydric soils, there are 0.55 acres of wetlands within a manmade stormwater retention basin and 0.32 acres of hydric soils. City Code section 14-51-2C-4 exempts development from the sensitive areas ordinance if it meets certain criteria. In this case, Outlot A is exempt from the sensitive areas ordinance due to the wetland being located within a manmade stormwater management facility for the purpose of stormwater management and flood control within and adjacent to drainageways. The Comprehensive Plan allows for two to eight dwelling units per acre and encourages an interconnected system of open space with sidewalks and trails to connect the community. It also encourages compact and connected developed neighborhoods, safe and pedestrian friendly streets. The South District Plan amended to incorporate form -based code identifies the subject area as Transect 3 Neighborhood Edge. Sandhill Estates — Part Five will not specifically comply with form -based code although the proposed development does provide the same housing variety envisioned in T3NE zones, the preliminary plat is consistent with the current zoning designation. It also incorporates sidewalk and street connections envision by the Comprehensive Plan and South District Plan. Approximately 17.74 acres of open space was dedicated in 2004 as Sand Prairie Park and that dedication was well over the 2.6 -acre requirement and satisfies the requirements for all future Sandhill Estates development. Planning and Zoning Commission May 4, 2022 Page 15 of 17 Stormwater Management will be provided via the proposed regional retention basin or Outlot A. Public Works requirements are the basin must include sediment forebay, or another acceptable pretreatment practice or drainage outlets, as well as measures be taken to prevent pond stagnation and the retention basin must also have at least 25% of the surface area of the pond exceeding a depth of eight feet after construction. The role of the Commission would be to determine if the preliminary plat complies with the subdivision regulations and other applicable code as well if it complies with the Comprehensive Plan. The next steps will include the final plat review by City Council, a final sensitive areas development plan, site plan review by staff and building permits by staff. Staff recommends approval of SUB22-0002, an application submitted by Hall and Hall Engineers for a Preliminary Plat and Sensitive Areas Development Plan for Sandhill Estates — Part 5, an 18 -lot, 8.88 -acre residential subdivision located south of Wetherby Park and east of Covered Wagon Drive. Craig asked how the form -based code fits over these things, she realizes this is an extension of an existing subdivision, but if somebody bought one of those lots and wanted to build a duplex on it, can they. Sitzman noted this area was already zoned, and the form -based code is for unplanned land. Sitzman also clarified the stormwater facility is an existing stormwater facility included in this plat, so it's not exactly off site but rather in some other phase of this development. Townsend noted there was a Good Neighbor meeting, was there any feedback from that meeting. Walsh noted the applicant can probably speak on that better, there was one attendee at that meeting. Hensch opened the public hearing. Brian Vogel (Hall and Hall Engineers, 1860 Boyson Road, Hiawatha) stated regarding the good neighbor meeting, they sent roughly over 150 letters and did a zoom call, one guy showed up, and the only question he had was regarding some temporary storage of materials during construction along the south boundary line. Hensch noted on Outlot A he has never seen any standing water there but is the engineering showing that there's enough impervious surfaces that's going to cause water accumulation. Vogel stated adjacent right to the east is a wet detention basin and because of the way the outlot is configured they can just open a pipe so the water can drain out. Hensch noted it appears like this is a pretty big detention basin and they have seen in the past once these things get built they seem to get abandoned so he just really want to encourage them to make sure that that doesn't happen and this thing stays maintained and somebody mows it and gets the saplings out of there. Vogel agreed it is a community asset to keep it well maintained. Hensch closed the public hearing. Planning and Zoning Commission May 4, 2022 Page 16 of 17 Craig moved to recommend approval of SUB22-0002, an application submitted by Hall and Hall Engineers for a Preliminary Plat and Sensitive Areas Development Plan for Sandhi!! Estates — Part 5, an 18 -lot, 8.88 -acre residential subdivision located south of Wetherby Park and east of Covered Wagon Drive. Townsend seconded the motion. Hensch noted because this is the fifth preliminary plat he thinks the neighborhood's going along very nicely. A vote was taken and the motion passed 6-0. CONSIDERATION OF MEETING MINUTES: APRIL 20, 2022: Signs moved to approve the meeting minutes of April 20, 2022, with minor edits. Townsend seconded the motion. A vote was taken and the motion passed 6-0. PLANNING AND ZONING INFORMATION: None. ADJOURNMENT: Townsend moved to adjourn. Signs seconded. A vote was taken and the motion passed 6-0. Prepared by: Parker Walsh, Associate Planner, 410 E. Washington St, Iowa City, IA 52240; (SUB22-0002) Resolution No. 77-117 Resolution approving the Preliminary Plat and Sensitive Areas Plan of the Sandhill Estates — Part Five Subdivision, Iowa City, Iowa. Whereas, the owners, Prairie Heights Land, LLC, submitted an application for approval of the preliminary plat and sensitive areas plan of Sandhill Estates — Part Five Subdivision, Iowa City, Iowa; and Whereas, the Department of Neighborhood and Development Services and the Public Works Department examined the preliminary plat and recommended approval; and Whereas, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and Whereas, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa, Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: 1. The preliminary plat and sensitive areas plan of Sandhill Estates — Part Five Subdivision, Iowa City, Iowa, is hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this qday of M.y Attest: M It was moved by Weiner adopted, and upon roll call there were: Ayes: x x s\pcd\preliminary_plat_ _resolution (4).docx , 2022. Approved B City Attorney'ffice (Sara Greenwood Hektoen — 05/12122) and seconded by Bergus the Resolution be Nays: Absent: Alter Bergus Harmsen Taylor Teague Thomas Weiner 1 Mtaar COUNCIL ACTION REPORT Item Number: 10. CITY OF IOWA CITY May 17, 2022 Resolution amending the current budget for Fiscal Year ending June 2022. Prepared By: Reviewed By: Fiscal Impact: Recommendations: Attachments: Jacklyn Fleagle, Assistant Finance Director Nicole Davies, Finance Director FY2022 budget revisions funded through new revenues or available fund balance Staff: Approval Commission: N/A FY2022 Notice of Public Hearing FY2022 List of Budget Amendments #3 Resolution Executive Summary: The Finance Department requests the City Council hold 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. 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 public 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 Fruehling Phone: (319) 356-5050 Meeting Location: City Hall, 410 E. Washington St. Iowa City 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 4 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 30 206,764,581 0 206,764,581 Ending Fund Balance June 30, 2022 31 158,528,050 -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 lowa City Finance Department. 04/25/2022 11:27 AM Paae 1 of 1 Fiscal Year 2022 Budget Amendment #3 ft* Obiect 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 tn. CITY BUDGET AMENDMENT AND CERTIFICATION RESOLUTION - FY 2022 -AMENDMENT # 3 To the Auditor of JOHNSON County, Iowa: The City Council of IOWA CITY in said County/Counties met an 05/17/2022 06:00 PM, at the place and hour set in the notice, a copy of which -accompanies this certificate and is certified as to publication. Upon taking up the proposed amendment, it was considered and taxpayers were heard for and against the amendment. The Council, after hearing all taxpayers wishing to be heard and considering the statements made by them, gave final consideration to the proposed amendment(s) to the budget and modifications proposed at the hearing, if any. Thereupon, the following resolution was introduced. RESOLUTION No. 22-138 A RESOLUTION AMENDING THE CURRENT BUDGET FOR FISCAL YEAR ENDING JUNE 2022 (AS LAST CERTIFIED OR AMENDED ON 03/22/2022) Be it Resolved by the Council of City of IOWA CITY Section 1. Following notice published/posted 05/06/2022 and the public hearing held 05/17/2022 06:00 PM the current budget (as previously amended) is amended as set out herein and in the detail by fund type and activi y that supports this resolution which was considered 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 4 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 30 206,764.581 0 206,764,581 Ending Fund Balance June 30, 2022 31 158,528,050 -423,850 158,104,200 Explanation of Changes: This third and final amendment for Oscal 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. City Clerk/Administrator SI nature of Certification 05/06/2022 10:48 AM 05/17/2022 Adopted On FILET) JOHNSON CO. IOWA MAY 2 0 2022 •dage; t COUNTY AUD TOR or Signature of Cart" tion Paoe 1 of 1 Resolution No. 77_I3R Page 2 It was moved by Bergus adopted, and upon roll call there were: and seconded by Weiner Ayes: Nays: Absent: x Alter x Bergus Harmsen X Taylor X _ Teague x Thomas X Weiner the Resolution be