HomeMy WebLinkAbout2022-09-06 Resolutionr t
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CITY OF IOWA CITY
www.icgov.org
September 6, 2022
Item Number: 5.c.
1. Resolution to issue Cigarette Permit to Malka 13 Inc., dba Evergreen Smoke Shop, 19 H
ATTACHMENTS:
Description
Cigarette Resolution
Prepared by: City Clerk's Office, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043
Resolution Number: 22-208
Resolution to Issue Cigarette Permits
Whereas, the following firms and persons have made an application and paid the taxes
required by law for the sale of cigarettes, tobacco, nicotine and vapor products.
Now, Therefore, be it Resolved by The City Council of Iowa City, Iowa, That: the
applications be granted and the City Clerk is hereby directed to issue a permit to the
following named persons and firms to sell cigarettes, tobacco, nicotine and vapor
products:
Evergreen Smoke Shop - 19 Hwy. 1
6th September ,20 22
Passed and approved this day of
Attest:
I•exce-te--
Approved by
City Attorney's Office
It was moved by Taylor and seconded by Weiner
Resolution be adopted, and upon roll call there were:
Ayes:
x
x
x
x
x
x
x
Nays:
Absent:
Alter
Bergus
Harmsen
Taylor
Teague
Thomas
Weiner
the
Item Number: 6.b.
46,, CITY OF IOWA CITY
� COUNCIL ACTION REPORT
September 6, 2022
Resolution amending the budgeted positions in the Transit Division of the
Transportation Services Department by adding 3.0 FTE Mass Transit
Operator positions.
Prepared By: Darian Nagle-Gamm; Transportation Services Director
Reviewed By: Redmond Jones, Deputy City Manager
Fiscal Impact: The fiscal impact is an increase in Transit Fund expenditures between
$253,863 and $291,332 for wages and benefits for (4) .75 FTE Mass Transit
Operators
Recommendations: Staff: Approval
Commission: N/A
Attachments: Resolution
Executive Summary:
The Transportation Services department is proposing to increase the Transit Division's budgeted
Mass Transit Operators (MTO) positions by 3.0 FTE for a total of 40.75 FTE. This would
practically result in the hiring of (4) .75 FTE MTOs to help ensure the transit schedule and service
levels are maintained and facilitate bus schedule adjustments to help improve on-time
performance.
Background /Analysis:
The Transit Division has experienced persistent challenges maintaining the bus schedule at
current staffing levels. This is in -part due to the transit system changes in 2021 which stretched
staffing to its limit. The change in routes, bus schedules, and driver schedules coupled with
absences related to an aging workforce has resulted in significant challenges filling open shifts. If
you recall, we have been forced to reduce transit service on several occasions this year due to
staffing issues. To maintain the bus schedule in FY22, the Transit Division worked 7,719 hours of
overtime which is a 112% increase from pre -pandemic / pre -transit study levels. This equates to
188 hours of overtime per MTO (7.2 hours per pay period) in FY22. Staff put forth an
extraordinary effort to ensure Iowa City Transit fulfilled its service commitment to the community,
however Supervisors were still needed to drive shifts each week. This made for many long days
for all staff and has increased concerns about health, wellness, and burnout. Supervisors driving
open shifts was at one time an infrequent necessity. During the past year it has become a weekly
occurrence taking considerable time away from the other administrative tasks required to maintain
and improve operations.
All MTOs begin at Iowa City Transit as part-time "Extra -boarders", and they fill in for drivers
who have planned time -off or call in sick. Extra -boarders receive a set schedule each week and
are also on-call throughout the week. Other duties include dispatching and taking customer
service calls from the public. Adding (4) part-time Extra -board drivers to the budgeted staff for the
Transit Division will significantly improve our ability to weather staffing challenges and improve on-time
performance which will result in better transit service for Iowa City and a healthier and happier
workforce. Overtime costs, which totaled $286,137 in FY22 (136% higher than FY19), are expected to
significantly decrease as MTO staffing levels are right -sized for our current operational environment.
Increasing staffing will help cover unexpected staff absences, improve on-time performance, and allow
more drivers to take planned absences, which will aid in rest and recovery and improved retention of
our workforce.
Like many organizations, candidate pools for open MTO positions were greatly reduced as a
result of the pandemic, and are slowly improving. We currently have three candidates on an
approved hiring list. Upon approval, offers would be extended to the three candidates and we
would post for any remaining positions.
ATTACHMENTS:
Description
Resolution
Prepared by: Darian Nagle Gamm, Transportation Services Director, 1200 S. Riverside Drive, Iowa City, IA 52240 (319) 356-5156
Resolution Number. 22-209
Resolution amending the budgeted positions in the Transit Division of the
Transportation Services Department by adding 3.0 Full Time Equivalent
Mass Transit Operator positions.
Whereas, Resolution No. 22-76, adopted by the City Council on March 22, 2022 authorized
budgeted positions in the Transportation Services Department for Fiscal Year 2023; and
Whereas, the Transit Division seeks to increase budgeted positions by 3.0 Full Time Equivalent
Grade 6 Mass Transit Operators; and
Whereas, the Transit Division has experienced persistent challenges maintaining the bus
schedule at current staffing levels due to the transit system changes in 2021 and absences; and
Whereas, adding 3.0 Full Time Equivalent Mass Transit Operator staff will help ensure that the
transit schedule and service levels are maintained, on-time performance is improved, and
overtime expenses are reduced.
Now Therefore, be it resolved by the City Council of the City of Iowa City, Iowa that the
budgeted positions in the Transit Division of the Transportation Services Department be
amended by adding 3.0 Full Time Equivalent Mass Transit Operator positions.
Passed and approved this 6th day of September , 20 22 .
Attest:
It was moved by Taylor
and upon roll call there were:
AYES:
Approved by
•
City Attorney's 1 lce
(Jennifer Schwickerath - 08/30/22)
and seconded by Weiner the Resolution be adopted,
NAYS: ABSENT:
Alter
Bergus
Harmsen
Taylor
Teague
Thomas
Weiner
Item Number: 6.c.
1 4CITY OF IOWA CITY
!kr4gi,'��� COUNCIL ACTION REPORT
September 6, 2022
Resolution authorizing the Mayor to sign a State and Local Fiscal Recovery
Fund (SLFRF) grant agreement with Center for Worker Justice of Eastern
Iowa to address wage theft in the community.
Prepared By: Tracy Hightshoe, NDS Director
Reviewed By: Eric Goers, City Attorney
Geoff Fruin, City Manager
Fiscal Impact: The City has $14,036,108 in unencumbered ARPA-SLFRF funds available.
This agenda item would authorize expenditure of $85,000 of those funds.
Recommendations: Staff: Approval
Commission: NA
Attachments: CWJ Proposal
Resolution
Agreement
Exhibit A
Executive Summary:
As part of the American Rescue Plan Act (ARPA), the City was awarded State and Local Fiscal
Recovery Fund (SLFRF) dollars to respond to impacts of the COVID-19 pandemic. This
resolution authorizes a subrecipient grant agreement with Center for Worker Justice of Eastern
Iowa (CWJ) for a total of $85,000 to address wage theft in Johnson County through December
31, 2026. CWJ will hire one full time equivalent Wage Theft Organizer to expand and sustain their
existing efforts.
Background /Analysis:
Due to the pandemic, conditional and unanticipated working conditions have intensified wage theft,
especially among low wage and marginalized workers. CWJ has assisted workers recover the
wages they have earned through quiet mediation, negotiation, and when necessary, public
pressure. CWJ proposes to undertake an expanded campaign to confront wage theft and
promote worker rights through the hiring of a full time Wage Theft Organizer.
CWJ has also secured multi-year funding commitments from Johnson County, Coralville and
North Liberty for this initiative. Johnson County and Iowa City designated American Rescue Plan
(SLFRF) funds to pay for their commitments. This position would undertake a series of actions to
reduce wage theft and other abuses of worker rights including, but not limited to:
• Train CWJ members and allies to assist with wage theft intake in multiple languages.
• Engage in worker outreach and education.
• Network with other community organizations, small businesses and cooperatives,
neighborhood associations, churches, legal aid attorneys, enforcement agency staff and
unions to build support for the campaign.
• Seek resolution of identified wage theft cases, assess the most prevalent patterns and
trends and publicize the results; and
• Recruit key stakeholders to join a local strategic enforcement partnership to increase the
effectiveness of enforcement efforts and promote fair labor standards.
As the County and Iowa City are utilizing ARPA funds over a multi-year period, to avoid a
duplication of benefits the funds will be dispersed as stated (subject to amendment as needed):
Funding Source FY22 FY23 FY24 FY25 FY26 Total
City of Iowa City $ 12,440 $ 37,051 $ 35,509 $ 85,000
Johnson County $ 10,079 $ 60,000 $ 37,052 $ 27,869 $135,000
Coralville committed $40,000 and North Liberty committed $35,000 to support wage theft efforts
through December 31, 2026. Their funds are flexible and can be used to supplement the initiative
when no available ARPA funds are present. CWJ will submit quarterly and annual reports regarding
project accomplishments and verifying no duplication of benefits exists.
The U.S. Treasury permits the City to make subawards with SLFRF funds for the purpose of
carrying out an eligible use under the SLFRF program. 31 CFR 35.6(b)(1)(i) states that when
identifying eligible responses to the negative impacts of a public health emergency, "A program,
service, or capital expenditure is eligible under this paragraph (b)(1) if a recipient identifies a harm
or impact to a beneficiary or class of beneficiaries caused or exacerbated by the public health
emergency or its negative economic impacts and the program, service, or capital expenditure
responds to such harm."
The U.S. Treasury's Final Rule on SLFRF allows "recipients to demonstrate a negative economic
impact on a population or group, referred to as a "class," and to provide assistance to households,
small businesses, or nonprofits that fall within that class. In such cases, the recipient need only
demonstrate that the household, small business, or nonprofit is within the class that experienced a
negative economic impact,". Furthermore, the Final Rule provides that, "Responses must be
reasonably designed to benefit the individual or class that experienced the negative economic
impact or harm. Uses of funds should be assessed based on their responsiveness to their
intended beneficiary and the ability of the response to address the impact or harm experienced by
that beneficiary." Thus, based on the statistics provided in the proposal and the reasonable and
proportional response, funding a position dedicated to provide wage theft services to a class of
low-wage workers who experienced wage theft with greater frequency due to the COVI D-19
pandemic is an eligible use of SLFRF funds.
The U.S. Treasury allocated $18.3 million to the City of Iowa City in SLFRF. The City has
received its first tranche of entitled funds (approximately $9 million) and approval of this resolution
would represent the fifth obligation and expenditure of the City's SLFRF funds. The City's
committed $3,889,082 in SLFRF funds to Mobile Crisis Outreach, Forest View relocation,
Johnson County's Direct Assistance Program and the Tourism Recovery Program to date.
ATTACHMENTS:
Description
CWJ Proposal
Resolution
CWJ Agreement
Exhibit A
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JUSTICE
04/18/2022
Center for Worker Justice of
Eastern Iowa
1556 S. 1st Ave #C, Iowa City, IA 52240 1 319-594-7593 1 info@cwjiowa.org
Dear Mayor Teague, Geoff Fruin, and Iowa City Councilors:
Johnson County is processing ARPA funding to include support for the Center for
Worker Justice of Eastern Iowa (CWJ) in order to adequately address the growing issue of wage
theft in our community. Due to the pandemic, conditional and unanticipated working conditions
have only intensified this matter and driven a greater need for assistance in resolving wage theft
cases, especially with low wage and marginalized workers. We are asking the cities in Johnson
County to support this effort and provide a multi-year commitment from their ARPA funds. Our
budget for the proposal is $322,755.81. Johnson County has only approved $130,000 in county
funds and sent CWJ to the municipalities within the county to seek additional funding for our
proposal. With North Liberty and Coralville authorities agreeing to their respective financial
commitments to our proposal, CWJ is asking for Iowa City to accept the proposal so we can
continue with our progress and make the Johnson County area a truly "fair labor" community.
Should the City of Iowa City accept the proposal, CWJ will have a greater chance of receiving
all necessary funds to turn the proposal into a reality and impact all Johnson County workers in a
meaningful way.
The Center for Worker Justice has provided many resources to low wage workers and
marginalized members of the Eastern Iowa area since its founding in 2012. With our reputable
and trustworthy relationship to the labor force as well as our long standing record of successful
wage theft cases, CWJ has proven to be an appropriate organization to restore unpaid wages and
enforce worker rights throughout Johnson County. We have successfully recovered over
$170,000 in unpaid wages to deserving workers over the years from a multitude of employment
areas. As a nonprofit organization focused on workers' rights, we offer various programs to
empower people as members of the workforce. We prepare clinics that assist those in need of
rent and/or utility coverage; we organize workshops that provide resources for participants to
successfully enter the workforce, seek advancement in their economic enterprises, or receive
economic justice regarding different issues; and we support translation opportunities for
programs and applications in many languages to combat the language barrier we see in working
communities. We were one of the only places open throughout the entirety of the pandemic that
could provide such resources for low wage workers during this time of uncertainty and rising
employment contingency. Due to our lack of labor funds along with the increase of such
7FOR64IM
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JUSTICE
Center for Worker Justice of
Eastern Iowa
1556 S. 1st Ave #C, Iowa City, IA 52240 1 319-594-7593 1 info@cwjiowa.org
inequities in the workforce, CWJ has not been able to promptly address the wage theft cases in
Johnson County.
As a result, CWJ has proposed a plan to the cities in Johnson County that uses expanded
resources to combat wage theft systematically. This 5 -year plan will include a full-time wage
theft organizer working at CWJ to enforce economic justice and educate both employees as well
as employers about workers' rights and the consequences of denying such rights. With the
implementation of our proposal, we will be able to foster lasting change in Johnson County
regarding wage theft by empowering low wage workers and inspiring responsible employers.
The assistance we offer low wage workers is critical to uplifting the community as a whole
through systematically holding employers accountable and informing employees of their rights
as workers, and this proposal provides CWJ the monetary assistance needed to carry out a project
with long lasting effects on Johnson County's labor community.
We welcome your careful review of the plan, along with the budget we propose for
carrying out this work. We hope that the City of Iowa City can partner with North Liberty and
Coralville to provide funding for this proposal. Should Iowa City join in this effort to provide
sufficient funding for the proposal, we expect that the county will raise its contribution to
$162,755 instead of $130,000, allowing us to adequately cover our budget. We will be happy to
discuss it with you and answer any questions you may have, and we look forward to having the
support of the county and its municipalities in this campaign for labor fairness.
Sin erely,
Mazahir Salih;
Executive Director
Center for Worker Justice of Eastern Iowa
Center for Worker Justice of
Eastern Iowa
1556 S. 1st Ave #C, Iowa City, IA 52240 1 319-594-7593 1 info@cwjiowa.org
04/18/22
Proposal: Addressing wage theft and making Johnson County a "fair labor" community
The Center for Worker Justice of Eastern Iowa (CWJ)
Overview
The crisis posed by chronic "wage theft" has compounded the wider economic impact of the
COVID-19 pandemic and the human costs of the economic recession it produced, particularly
within marginalized communities. Johnson County has not been immune to these costs.
Indeed, the local economy—heavily dependent on hard hit economic sectors in
leisure/hospitality and construction—has been slow to recover. As low wage workers have
desperately sought to find employment, the persistence of wage theft in its various forms has
only intensified, with businesses seeking their own paths to recovery by cutting costs,
enhancing their competitive position, and restructuring their employment practices, many by
making use of subcontractors who flagrantly take advantage of their contingent employees.
Since its founding in 2012, the Center for Worker Justice has been a leading voice for the rights
of low wage and immigrant workers seeking a secure footing in the community. Through
effective organizing for a community ID, a higher minimum wage, affordable housing, workers'
rights, and pandemic relief for the most marginal, CWJ has earned trust among low wage,
immigrant, and refugee workers, as well as respect in the wider community. In no area has its
work been more important and stunningly successful than in advocacy for the victims of wage
theft. CWJ has helped workers recover more than $170,000 in wages unfairly denied them in
restaurants, on construction sites, in landscaping firms, and in manufacturing enterprises.
Through quiet mediation, negotiation, and, when necessary, public pressure, CWJ has helped
workers recover the wages they have earned and defend against retribution. These efforts have
been a lifeline for workers and their families, boosted the local economy, and helped to define
standards of fair employment that have ripple effects in the community.
At this critical moment for low-wage workers in our county, American Rescue Plan funds have
the potential to advance a recovery with renewed respect for the dignity of all workers. CWJ
proposes to undertake an expanded campaign to confront wage theft and promote worker rights
in Johnson County that promises additional economic benefits to the whole community and to
essential workers who are subjected to shocking rates of wage theft. This 5 -year initiative would
build on the successful outreach, education, and empowerment strategies CWJ has developed
in the past five years and would launch a new strategic enforcement
Center for Worker Justice of
Eastern Iowa
1556 S. 1st Ave #C, Iowa City, IA 52240 1 319-594-7593 1 info@cwjiowa.org
partnership to make Johnson County and its municipalities a "fair labor" community. In doing so,
this campaign would promote the collaboration of workers, worker advocacy
organizations, attorneys, enforcement agencies, and responsible local employers, and would
contribute to making Johnson County a magnet for workers seeking employment where their
rights and their earnings are protected.
The wage theft problem and the pandemic
Long before the world came to know COVID-19 and began to understand the devastating
economic impact of a pandemic, many low wage workers experienced unfair treatment from
employers and the denial, in various ways, of the wages they had earned. Whether they simply
saw their earnings confiscated by their employers, were denied overtime or tips, were paid "off
the clock" or by debit card without a pay stub, or had unreasonable deductions made, they knew
"wage theft" and suffered the consequences of lost income. The data are stunningly revealing.
In the most recent survey of 300 workers in Johnson County, 25% reported having experienced
some form(s) of wage theft in the previous year. 69 respondents had been denied overtime they
were due; 59 reported late or unpaid wages; and 24 had been denied pay altogether for some of
their work. Nearly a decade ago, the Iowa Policy Project estimated that Iowa workers lost nearly
$600 million in stolen wages annually with a corresponding shortfall of $120 million in unpaid
state sales, income, and payroll taxes. Individual cases flesh out the human dimensions of
these abuses of low wage workers and the wider consequences for the community. (See
attachment: "Struggling Just to be Paid: Stories of Wage Theft in Iowa.")
The pandemic and its economic consequences have only intensified the problems low wage
workers face. The labor market has become more casualized, with employers turning
increasingly to temporary employment arrangements or staffing subcontractors with widely
fluctuating hours of work and high rates of wage theft. A recent National Employment Law
Project report highlighted results of a survey of frontline workers in the pandemic. Among
workers with the highest level of concern about maintaining steady employment in the next year,
22% were victims of wage theft—versus only 3% of workers with the least concern about
potential job loss. Prior to the pandemic, a survey of Johnson County low wage workers found
that nearly a quarter worked for subcontracting employment agencies, most in manufacturing.
Since the pandemic, CWJ members report an increase in temporary and "gig economy" work in
retail, food services, hotels, construction, and delivery and distribution jobs.
During the pandemic, frontline workers from marginalized communities reported high rates of
wage theft. According to the National Employment Law Project, "the share of Black workers
(14%) who reported that an employer had not paid them at the correct wage rate or for all
Center for Worker Justice of
Eastern Iowa
1556 S. 1st Ave #C, Iowa City, IA 52240 1 319-594-7593 1 info@cwjiowa.org
hours worked, had stolen tips, or had deducted the cost of personal protective equipment from
their pay during the pandemic was more than twice that of white workers (6%), and more than
the 8% of workers overall." Desperate low wage or immigrant workers insecure about their
status in the community, or fearing deportation, were hesitant to complain or to quit in the face of
employer abuse. Only a small number would take the risk of coming forward to complain.
Seeking solutions
The Center for Worker Justice, with its track record of helping low wage workers win restitution
of wages and defending workers against other forms of abuse, is well-positioned to expand its
work to address the problems exacerbated by the pandemic. During the past year through its
"From My Home to Yours" program CWJ has stepped forward—with funding from its supporters
and the county and municipalities—to address the pressing need for material support of over
1,000 local immigrant and low income families excluded from federal aid. This expanded
network of relationships enhances CWJ's ability to educate workers who are statistically most
vulnerable to wage theft. State enforcement of labor laws is virtually non-existent with Iowa
Workforce Development having a single employee designated to investigate wage theft in all 99
counties, which in turn has led the agency to implement a policy of rejecting all wage theft cases
over $6,500. At the federal Department of Labor, the nomination of David Weil brings new hope
and opportunity for CWJ's ability to collaborate with DOL wage and hour enforcement efforts.
Weil has been a leading advocate for increased wage theft enforcement, protections against
retaliation for workers regardless of immigration status, and partnerships with local workers'
centers.
CWJ proposes an expanded initiative to address this critical need with support from American
Rescue Plan funds designated for Johnson County and its municipalities. CWJ would hire a
full-time, experienced organizer who would devote their full energy and expertise for five years
to expand existing efforts and pilot a new program to stem the tide of wage theft in this
community. A five-year commitment is essential in order to fully expand and build support for
this initiative.
Because of the trust CWJ has won in the community and its reputation for effective organization
it is well-positioned to carry this work forward. Its methods are also well -tested and effective:
conducting outreach and education that reaches workers in dozens of languages, interviewing
workers who report unpaid wages, investigating the details and gathering evidence, contacting
and seeking mediation with the employer, and, if necessary, supporting the worker in filing
agency complaints, connecting with attorneys, or going public to seek cooperation of
intransigent employers. These efforts have provided workers the wages
they have earned and which their families need, have put money back into our local economy,
have restored unpaid tax revenues, and have protected responsible employers from being
CENTER '�1
FOR
ORKE' -:
,JUSTICE
Center for Worker Justice of
Eastern Iowa
1556 S. 1st Ave #C, Iowa City, IA 52240 1 319-594-7593 1 info@cwjiowa.org
undercut and underbid by unscrupulous competitors. An expanded program of this sort could
become a model for other counties and municipalities going forward.
Plan of work
The CWJ wage theft organizer hired for the position would undertake a series of initiatives
laying the groundwork for an expanded campaign against wage theft and other abuses of
workers' rights.
• Develop and print updated educational materials in English, Spanish, French, and
Arabic that address the forms of wage theft most prevalent today.
• Train 20 more CWJ members and allies to assist with wage theft intake in each of the
languages listed above.
• Engage in worker outreach and education through community and neighborhood
meetings, presentations in churches and English Language Learner classes, phone calls
and text messages to CWJ's contact lists, and targeted canvassing in low wage
communities.
• Network with other community organizations, small businesses, and cooperatives,
neighborhood associations, churches, legal aid lawyers, enforcement agency staff, and
unions to build support for the campaign.
• Collaborate with the University of Iowa Labor Center and Common Good Iowa to
conduct a new survey of low-wage workers that focuses on wage theft and labor rights.
• Educate the wider community on labor rights by speaking to community groups, writing
op-ed pieces, holding media interviews, and disseminating information through social
media.
• Seek resolution of wage theft cases that come to light, assess the most prevalent
patterns and trends, and publicize the results.
• Recruit key stakeholders to join a local strategic enforcement partnership, modeled from
successful initiatives across the country, that brings together workers, worker advocacy
organizations, policy analysts, employment lawyers, elected officials and
enforcement agency representatives to increase the effectiveness of enforcement efforts
and promote fair labor standards.
Center for Worker Justice of
Eastern Iowa
1556 S. 1st Ave #C, Iowa City, IA 52240 1 319-594-7593 1 info@cwjiowa.org
In these efforts, the wage theft organizer would have the assistance of other CWJ staff, interns,
and volunteers who already have considerable experience in support of resolving past
wage -theft cases. Because of its strong base of support in the community, CWJ is
well-positioned to make optimal use of a new, funded staff position.
Building a "fair labor" community—the path forward
In the past ten years, a growing number of cities and states have experimented with innovative
approaches to protecting and improving labor standards in low-wage industries through a formal
partnership involving workers, worker advocacy organizations, responsible business leaders,
and governmental enforcement agencies. From an enforcement perspective, this concept is
often known as "co -enforcement" or "co -production." While the statutory landscape in Iowa
creates some barriers to this approach, there are elements of these initiatives that could be
implemented as a pilot project in Johnson County. This pilot project could build the basis for
developing a sustainable and more systemic approach to addressing the root causes of wage
theft and workers' rights abuses in targeted industries.
These community -wide discussions could also be the means for developing "fair labor
standards" proposals based on the experiences of low-wage workers, unions, and responsible
businesses who seek protection against unfair competition, ensure a healthy more equitable
local economy, and promote recruitment and retention in hard -to -fill jobs. By attracting workers
seeking jobs where their rights and their earnings are protected, it would also bolster the local
labor market and address the shortage of workers faced by many businesses.
Budget
Because continuity and sustained effort are required to meaningfully address the problem of
wage theft in our communities, CWJ has proposed a five-year initiative to address the problem.
This will require outreach to low-wage workers, building collaborative networks of support with
other community organizations, educating the wider community, and directly resolving wage
theft cases that arise. The work requires a full-time dedicated community organizer with a
competitive salary and full benefits and the support of other CWJ staff, volunteers, and
community allies.
The budgeted costs for this position over the 5 -year period of the initiative will be $322,755.
The Johnson County Board of Supervisors has tentatively agreed to use $130,000 of ARPA funds
to initiate this program. We expect that with additional support from the municipalities in the
county, the county will raise its contribution to $162,755, or $32,551 annually for the five years.
CWJ is asking the city of Iowa City to make a commitment to provide $17,000 annually for five
7FOR64IM
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JUSTICE
Center for Worker Justice of
Eastern Iowa
1556 S. 1st Ave #C, Iowa City, IA 52240 1 319-594-7593 1 info@cwjiowa.org
years, for a total commitment of $85,000. The City of Coralville has committed to $8000
annually for five years, or a total of $40,000, and the City of North Liberty has committed an
additional $7000 annually, or $35,000 over five years.
This level of support and commitment will enable CWJ and its community allies to make
significant progress toward rooting out the problem of wage theft and advancing the objective of
making Johnson County and its municipalities "fair labor communities." Such progress will
redound to the benefit of low wage workers seeking better and more secure lives, responsible
employers eager to attract more workers to the community, and the overall community and its
economic health. These funds will enable us to fully fund the 5 -year program.
Category
Staff Salaries
Staff Benefits
SS, Medicare
Total
Five years Budget for a Full -lime Wage Theft Oragnizer
Year 1 Budges Year 2 Bud Year 3 Budge Year 4 Budge Year 5 BudgiTotal Notes
$220,860.04 Salary plus 3% increase starting the 2nd year according to the Teamester
$85,000.00 Teamster Union health Insurance( it vairy with family member, Between $1700-;
$3,182.40 $3,277.87 $3,376.20 $3,477.49 $3,581.81 $16,895.77 SS and Medicare Payment by CWJ
$61,782.40 $63,125.87 $67,402.97 The Yearly cost of the Full-time wage theft orgnizer
$41,600.00 $42,848.00 $44,133.44
$45,457.44
$46,821.16
$17,000.00 $17,000.00 $17,000.00
$17,000.00
$17,000.00
Respectfully,
Mazahir Salih
Executive Director
Center for Worker Justice
Prepared by: Cassandra Gripp, Grants Specialist, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
Resolution no. 22-210
Resolution authorizing the Mayor to sign a State and Local Fiscal Recovery
Fund (SLFRF) grant agreement with The Center for Worker Justice of
Eastern Iowa to address wage theft in the community.
Whereas, Center for Worker Justice Wage Theft Recovery, a program of Subrecipient, identifies
and resolves cases of wage theft, with a primary emphasis on ensuring that low wage and
marginalized workers receive earned wages in the City and throughout Johnson County; and
Whereas, due to the COVID-19 pandemic, conditional and unanticipated working conditions
have intensified wage theft for marginalized workers; and
Whereas, the U.S. Department of Treasury allocated the City funds through the State and Local
Fiscal Recovery Fund ("SLFRF") as part of the American Rescue Plan Act (aka, ARPA) to meet
local needs; and
Whereas, federal regulations permit the City to make subawards with SLFRF funds for the
purpose of carrying out an eligible use under the SLFRF program; and
Whereas, Subrecipient has proposed the City expand its efforts to decrease wage theft in
response to the COVID-19 pandemic; and
Whereas, the City funds provided to Subrecipient for the services provided herein are for a
public purpose; and
Whereas, increased efforts to combat wage theft is an eligible use of SLFRF funds under 31
CFR 35.6; and
Whereas, the City desires to allocate SLFRF funds to Subrecipient to expand efforts to
stop wage theft.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
1. The Mayor is authorized to execute the attached Subrecipient Grant Agreement.
2. The City Manager is authorized to sign amendments to modify the award amount
up to 25% across fiscal years, and to sign other amendments to the Subrecipient
Grant Agreement as needed.
Passed and approved this 6th day of Setember 2022.
Attest:
Ma
Approved by
City Attorn = 's Office — 08/30/2022
Resolution No. 22-210
Page 2
It was moved by Taylor and seconded by Weiner
the Resolution be adopted, and upon roll call there were:
Ayes: Nays: Absent:
x Alter
x Bergus
x Harmsen
x Taylor
X Teague
x Thomas
x Weiner
SUBRECIPIENT GRANT AGREEMENT
This Agreement is entered into between the City of Iowa City, a municipal corporation, ("City") and
the Center for Worker Justice of Eastern Iowa, an Iowa non-profit corporation, ("Subrecipient") on
September 6 , 2022 in Iowa City, Iowa.
Whereas, Subrecipient identifies and resolves cases of wage theft, with a primary emphasis on
ensuring that low wage and marginalized workers receive earned wages in the City and throughout
Johnson County; and
Whereas, due to the pandemic, conditional and unanticipated working conditions have intensified
wage theft for marginalized workers; and
Whereas, the U.S. Department of Treasury allocated the City funds through the State and Local
Fiscal Recovery Fund ("SLFRF") as part of the American Rescue Plan Act (aka, ARPA) to meet local
needs; and
Whereas, federal regulations permit the City to make subawards with SLFRF funds for the purpose
of carrying out an eligible use under the SLFRF program; and
Whereas, Subrecipient has proposed the City expand its efforts to decrease wage theft in response
to the COVID-19 pandemic; and
Whereas, increased efforts to combat wage theft is an eligible use of SLFRF funds under 31 CFR
35.6; and
Whereas, the City desires to allocate SLFRF funds to Subrecipient to expand efforts to stop wage
theft.
THEREFORE, the City and Subrecipient agree as follows:
1. Effective Date and Term.
This Agreement shall commence upon execution and remain in effect until June 30, 2026, unless
terminated as provided herein.
2. SLFRF Funds.
The City shall provide Subrecipient a total sum not to exceed $85,000 in SLFRF funds payable as
provided herein.
3. Use of Funds.
Subrecipient shall use the funds for following activity:
Description of Activity
Subrecipient shall hire and retain an additional one full-time equivalent ("FTE") Wage Theft
Organizer.
This position will undertake a series of initiatives, including but not limited to:
• Develop and print updated educational materials in English, Spanish, French and Arabic that
address the forms of wage theft most prevalent in Johnson County.
• Train Subrecipient and allies to assist with wage theft intake in various languages.
• Engage in worker outreach and education through community meetings, presentations, phone,
and social media.
• Educate the wider community on labor rights by public speaking, writing op-ed pieces, media
interviews and disseminating information through social media.
• Network with other community organizations, small businesses, cooperatives, neighborhood
organizations, houses of worship, legal aid lawyers, enforcement agency staff, and unions to build
support for the campaign.
• Collaborate with the University of Iowa Labor Center and Common Good Iowa to conduct a
survey of low-wage workers that focuses on wage theft and labor rights.
• Seek resolution of identified wage theft cases, assess the most prevalent patterns and trends, and
publicize the results.
• Recruit stakeholders to join a local strategic enforcement partnership that brings together workers,
worker advocacy organizations, policy analysts, employment lawyers, elected officials and
enforcement agency representatives to increase the effectiveness of enforcement efforts and
promote fair labor standards.
4. Budget.
The proposed budget for each activity is as follows:
Total Project Cost through June 30, 2026: $310,018.
Wage Theft Organizer
Use of Funds
FY22* FY23 FY24 FY25 FY26
7/1/21 to 7/1/22 to 7/1/23 to 7/1/24 to 7/1/25 to
Eligible Costs 6/30/22 6/30/23 6/30/24 6/30/25 6/30/26 Total
Total Staff Salary &
Benefits $ 10,079 $ 72,440 $ 74,103 $ 75,816 $ 77,580 $310,018
*Position Hired 5/22
Funding Source FY22 FY23 FY24 FY25 FY26 Total
City of Iowa City $ 12,440 $ 37,051 $ 35,509 $ 85,000
Johnson County $ 10,079 $ 60,000 $ 37,052 $ 27,869 $ - $135,000
City of Coralville $ - $ - $ 6,150 $ 33,850 $ 40,000
City of North Liberty $ - $ 6,288 $ 28,712 $ 35,000
Private Funding $ 15,018 $ 15,018
$ 10,079 $ 72,440 $ 74,103 $ 75,816 $ 77,580 $310,018
The City may require a more detailed budget breakdown than the one contained herein, and the
Subrecipient shall provide such supplementary budget information in a timely fashion in the form and
content prescribed by the City. Any amendments to the budget must be approved in writing by both
the City and the Subrecipient. Minor funding adjustments (25% of original budget) between fiscal
years may be done administratively, but in no event shall the total grant exceed $85,000 or extend
past 6/30/2026.
5. Timeline
Subrecipient shall hire one additional FTE Wage Theft Organizer by August 31, 2022 and retain said
position through June 30, 2026.
6. Payment.
The City shall pay Subrecipient for its actual cost of gross wages plus benefits monthly. Payroll
documentation shall include employee name, total hours worked during pay period, hourly rate, total
tax amount, percentage of time dedicated to the services provided under this Agreement, and
deductions. Subrecipient shall provide documentation within ten (10) days of the end of the month,
and the City shall reimburse Subrecipient within thirty (30) days of receipt of said documentation. The
first payroll documentation is due by October 10, 2023.
All payments received by Subrecipient hereunder are subject to repayment by Subrecipient as
provided in Part 2 CFR 200.300-309. Payments made under the terms of this Agreement will be made
for eligible expenses incurred by the Subrecipient, and not to exceed actual cash requirements.
7. Goals and Performance Measures.
The Subrecipient agrees to provide the following levels of program services throughout the
compliance period:
Subrecipient shall hire one FTE Wage Theft Organizer by the deadline provided herein and
continue to maintain said position in order to complete the activities identified in Paragraph 3 of this
Agreement (Use of Funds) through June 30, 2026.
8. Compliance Period.
The compliance period is from the date the Agreement is executed until June 30, 2026.
9. Insurance.
Subrecipient shall procure and maintain for the duration of this Agreement, at its expense,
insurance against claims for injury to persons and damage to property as follows: Workers
compensation as required by Chapter 85 of the Iowa Code.
10. Quarterly Reporting.
Subrecipient shall provide quarterly reports as of the end of each fiscal quarter on a form provided
by the City, which will be substantially similar to the draft form, which is attached, marked Exhibit A,
and incorporated herein. Such reports shall be delivered to the City not later than the tenth (10th)
day following the end of each fiscal quarter (i.e., January 10, April 10, July 10 and October 10)
beginning January 10, 2023 and shall contain:
a. The status of completion of the overall award; and
b. A narrative update of any progress made during the quarter; and
c. The amount spent during the quarter; and
d. The amount of wages recovered during the quarter; and
e. The number of workers assisted for wage theft during the quarter; and
f. A certification that, as of such reporting date and at all times since the previous reporting
date (or if none, since the date of the Grant Agreement), Subrecipient is and has been in
full compliance with all terms of the Agreement; aid
g. Such other items as the City shall reasonably request related to the Agreement.
11. Close -Out Reporting.
The close-out of this Agreement is governed by 2 CFR 200.343-.344. Subrecipient's obligation to
the City shall not end until all close-out requirements are completed and the compliance period is
over.
12. City and U.S. Treasury Recognition.
Subrecipient shall insure recognition of the role of the City and the U.S. Treasury in providing funding
through this Agreement. Additionally, any publication produced with the SLFRF funds must display
the following language: This project is supported, in whole or in part, by federal award #SLFRP0047
awarded to the City of Iowa City by the U.S. Department of Treasury.
13. Termination.
For Cause
In accordance with 2 CFR 200.338-342, the City may terminate this Agreement if the Subrecipient
materially fails to comply with any terms of this Agreement, which include, but are not limited to, the
following:
1. Failure to comply with any of the rules, regulations or provisions referred to
herein, or such statutes, regulations, executive orders, and U.S. Treasury
guidelines, policies or directives as may become applicable at any time; or
2. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper
manner its obligations under this Agreement; or
3. Ineffective or improper use of funds provided under this Agreement; or
4. Submission by the Subrecipient to the City reports that are incorrect or
incomplete in any material respect. Prior to a suspension or termination for the
reasons in this paragraph (#4) the Subrecipient shall have fifteen (15) days
following written notice from the City, to cure.
The City shall be obligated to make no payment due hereunder if City has notified
Subrecipient, in writing, of its intent to suspend or terminate this Agreement. In the event of
termination, Subrecipient shall repay to the City the full amount of funds that have been
disbursed to Subrecipient under the terms of this Agreement within thirty (30) days of
receiving written notice from City of its intent to terminate this Agreement.
The failure of City to insist upon strict performance of any of the covenants or conditions of
the Agreement, or to exercise any options herein conferred in any one or more instances
shall not be construed as a waiver or relinquishment for the future of any such covenant,
condition, or option, but the same shall be and remain in full force and effect.
For Convenience
This Agreement may be terminated upon the mutual agreement of the parties hereto, in which
case the City and the Subrecipient shall agree upon the termination conditions, including the
effective date and the disposition of contract amounts.
14. SAM.
Subrecipient shall maintain an active SAM registration at all times while this Agreement
is in effect.
15. Documentation and Record Keeping.
Records to be Maintained
Subrecipient shall maintain all records required by the Federal regulations, which are
pertinent to the activities to be funded under this Agreement. Such records shall include, but
not be limited to:
a. Records providing a full description of each activity undertaken;
b. Financial records as required by 2 CFR 200.333 337; and
c. Other records necessary to document compliance 2 CFR 200.
Retention
Subrecipient shall comply with the record retention requirements set forth in 2 CFR Part
200, Part D. Additionally, the Subrecipient shall retain all financial records, supporting
documents, statistical records, and all other records pertinent to the Agreement until
January 31, 2030, or three years after the final expenditure report, ("retention period").
Such records include but are not limited to payroll, timekeeping records, invoices,
receipts, purchase orders, bank statements, and cancelled checks. Notwithstanding the
above, if there is litigation, claims, audits, negotiations, or other actions that involve any
of the records cited and that have started before the expiration of the retention period,
then such records must be retained until completion of the actions and resolution of all
issues.
16. Audits & Inspections.
Throughout the retention period, all Subrecipient records with respect to any matters
covered by this Agreement shall be made available to the City, and the Comptroller
General of the United States or any of their authorized representatives, at any time during
normal business hours, as often as deemed necessary, to audit, examine, and make
excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be
fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient. Failure of
the Subrecipient to comply with the above audit requirements will constitute a violation of
this contract and may result in the withholding of future
payments.
The Subrecipient hereby agrees to have an annual agency audit conducted in accordance
with 2 CFR Part 200, Subpart F for the funded years 2022, 2023, 2024, 2025 and 2026
and to provide the City with a copy within thirty (30) days of receipt.
17. Use and Reversion of Assets.
Subrecipient's use and disposition of real property and equipment under this Agreement shall
comply with the requirements set forth in 2 CFR 200.311-313.
18. Notices.
All notices required to be given hereunder shall be in writing and deemed given when
personally delivered or deposited in the United States mail, postage prepaid, sent certified or
registered, addressed as follows:
a. If to Subrecipient, to:
Executive Director
Center for Worker Justice of Eastern Iowa
1556 S. 1st Ave. #C
Iowa City, IA 52240
b. If to the City, to:
City Attorney
City of Iowa City
410 East Washington Street
Iowa City, IA 52240
or to such other address or person as hereafter designated in writing by the applicable party in
the manner provided in this paragraph for the giving of notices.
19. Non -Discrimination.
Subrecipient shall not permit any of the following terms and practices:
A. To discharge from employment or refuse to hire any individual or to discriminate
against any individual in terms, conditions, or privileges of employment because of
their race, creed, color, national origin, religion, age, sex, marital status, sexual
orientation, gender identity, disability, or handicap status.
B. Subrecipient shall not deny to any person its services on the basis of race, creed,
color, national original, religion, sex, marital status, sexual orientation, gender
identity, disability, or handicap status
20. Title VI of the Civil Rights Act of 1964.
Subrecipient, its contractors, subcontractors, successors, transferees, and assignees,
shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of
federal financial assistance from excluding from a program or activity, denying benefits of,
or otherwise discriminating against a person on the basis of race, color, or national origin
(42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury's Title VI
regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part
of this contract (or agreement). Title VI also includes protection to persons with "Limited
English Proficiency" in any program or activity receiving federal financial assistance, 42
U.S.C. § 2000d et seq., as implemented by the Department of the Treasury's Title VI
regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of
this Agreement.
21. Third Party Beneficiary/Independent Contractor.
The City's sole responsibility hereunder shall be to provide the funds to Subrecipient in
accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any
act or omission of the Subrecipient or the City, shall be construed to create any special duty,
relationship, third -party beneficiary, respondent superior, limited or general partnership, joint
venture, or any association by reason of the Subrecipient's involvement with the City, nor
shall the City have authority to direct the manner or means by which Subrecipient conducts
activities. The FTE position funded with this grant shall be considered an employee of
Subrecipient, and in no way an employee or contractor of the City.
22. Conflict of Interest.
Iowa Law
Upon signing this Agreement, Subrecipient 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.
SLFRF Requirement
Subrecipient shall maintain a conflict-of-interest policy consistent with 2 CFR 200.318(c)
which is applicable to each activity funded with an SLFRF award. Subrecipient shall
disclose to the City and to the U.S. Treasury any potential conflict of interest affecting the
awarded funds in accordance with 2 CFR 200.112.
23. Indemnification.
Each party agrees to release, indemnify and hold the other parties, their officers and
employees harmless from and against any and all liabilities, damages, business
interruptions, delays, losses, claims, judgments, of any kind whatsoever, including all costs,
attorneys' fees, and expenses incidental thereto, which may be suffered by, or charged to,
the party by reason of any loss or damage to any property or injury to or death of any
person arising out of or by reason of any breach, violation or non-performance by the other
parties or their servants, employees or agents of any covenant or condition of this
Agreement or by any act or failure to act of those persons. The City shall not be liable for its
failure to perform this Agreement or for any loss, injury, damage or delay of any nature
whatsoever resulting therefrom caused by any act of God, fire, flood, accident, strike, labor
dispute, riot, insurrection, war or any other cause beyond the City's control.
24. Conflict of LawsNenue/Jurisdiction.
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.
25. Amendment.
All amendments shall be in writing, signed by both parties.
26. Severability.
In the event any portion of this Agreement shall, for any reason, be held to be invalid, illegal or
unenforceable in whole or in part, the remaining provisions shall not be affected thereby and
shall continue to be valid and enforceable and if, for any reason, a court finds that any
provision of this Agreement is invalid, illegal, or unenforceable as written, but that by limiting
such provision it would become valid, legal and enforceable then such provision shall be
deemed to be written, construed and enforced as so limited.
27. Successors and Assigns.
This Agreement shall be binding upon and inure to the benefit of both parties and their
respective permitted successors, assigns and other legal representatives. Neither this
Agreement nor the rights arising hereunder shall be assignable by either of the parties
hereto to any third party without the prior written consent of the other party to this
Agreement
28. Captions.
The captions of the sections of this Agreement are for convenience of reference only and in
no way define, limit, or affect the scope or substance of any section of this Agreement.
29. Entire Agreement/Integration.
This Agreement constitutes the entire agreement between the City and the Subrecipient 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 the Subrecipient with respect to this Agreement.
30. SLFRF Regulations.
This Agreement is subject to the Final Rules issued by the U.S. Department of Treasury
published on January 6, 2022 for the Coronavirus State Fiscal Recovery Fund and the
Coronavirus Local Fiscal Recovery Fund established under the American Rescue Plan
Act. Subrecipient acknowledges that the U.S. Department of Treasury may amend the
SLFRF regulations during the term of this Agreement, and Subrecipient agrees to comply
with any applicable amended regulation.
31. Comoliance with Laws and Guidelines,
Subrecipient certifies that this Agreement will be conducted and administered in
compliance with the federal laws, regulations, and Executive Orders contained in Exhibit
B, which is attached and incorporated herein. In addition to the specific laws set forth in
this Agreement, Subrecipient shall comply with all federal, state, and local laws.
City of Iowa City, Iowa Center for Worker Justice of Eastern Iowa
r �
By: l By:
E Teague, Mayor Mazahir Salih, Executive Director
Approyas to, form and legal sufficiency:
City Attorney's Office
EXHIBIT B
CERTIFICATIONS
Subrecipient hereby certifies that the grant will be conducted and administered in
compliance with:
(1) Title VII of the Civil Rights Act of 1964 (Pub. L. 88-352; 42 U.S.C. 2000d,
et seq.) and implementing regulations issued at 24 CFR Part 1;
(2) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284; 42 U.S.C. 3601,
et seq.) as amended; and that the grantee will administer all programs and activities
related to housing and community development in a manner to affirmatively further fair
housing;
(3) Section 109 of the Housing and Community Development Act of 1974, as
amended; and the regulations issued pursuant thereto;
(4) Section 3 of the Housing and Urban Development Act of 1968, as amended;
(5) Executive Order 11246, as amended by Executive Orders 11375 and
12086, and implementing regulations issued at 41 CFR Chapter 60;
(6) Executive Order 11063, as amended by Executive Orders 12259, and
implementing regulations at 24 CFR Part 107;
(7) Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended,
and implementing regulations when published for effect;
(8) The Age Discrimination in Employment Act of 1975 (Pub. L. 94-135), as
amended, and implementing regulations when published for effect;
(9) The relocation requirements of Title II and the acquisition requirements of
Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970, and the HUD implementing regulations set forth in 24 CFR Part 42;
(10) Executive Order 11988 relating to the evaluation of flood hazards and
Executive Order 11288 relating to the prevention, control and abatement of water
pollution;
(11) The flood insurance purchase requirements of Section 102(a) of the Flood
Disaster Protection Act of 1973 (Pub. L. 93-234);
(12) The applicable regulations, policies, guidelines and requirements of OMB
Circular Nos. A-102, Revised, 24 CFR 85 and Subpart J of 24 CFR 570, A-87, A-110, A-
122, A-128 and A-133 as they relate to the acceptance and use of federal funds under
this federally -assisted program;
(13) The Clean Air Act (42 U.S.C. 7401 et.seq.) as amended; particularly section
176 (c) and (d) [42 U.S.C. 7506 (c) and (d)];
(14) The Safe Drinking Water Act of 1974 (42 U.S.C. 201,300 (f) et.seq., and 21
U.S.C. 349) as amended; particularly section 1424 (e) (42 U.S.C. 300 (h)-303 (e));
(15) The Endangered Species Act of 1973 (16 U.S.C. 1531 et. Seq.) as amended;
including but not limited to section 7 (16 U.S.C. 1536) thereof;
(16) The Reservoir Salvage Act of 1960 916 U.S.C. 469 et.seq.); particularly section 3
(16
U.S.C. 469a-1); as amended by the Archeological and Historical Preservation Act of 1974;
(17) Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 et.seq.) as amended;
particularly sections 102(a) and 202(a) [42 U.S.C. 4012a(a) and 4106(a)];
(18) Executive order 11990, Protection of Wetlands, May 24, 1977 (42 FR 26961
et. Seq.); particularly sections 2 and 5;
(19) Lead -Based Paint Poisoning Prevention requirements of 25 CFR Part 35
issued pursuant to the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4821 et.seq.);
(20) The National Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.) as
amended; particularly section 106 (16 U.S.C. 470f); and
(21) Executive Order 11593, Protection and Enhancement of the Cultural
Environment, May 13, 1971 (36 FR 8921 et seq.); particularly section 2(c).
(22) Construction work financed in whole or in part with federal funds is subject to
the prevailing wage requirements of the Davis -Bacon Act (29 CFR, Parts 3 and 5), the
Copeland Act (29 CFR Part 3), and the Contract Work Hours and Safety Standards Act
(Public Law 91-54, 83 Stat. 96). When a project meets this applicability requirement, the labor
standards provision of the HUD 4010 and the Davis- Bacon Wage Decision issued for the
project will be incorporated into this contract document and shall be incorporated into all
construction contracts and subcontracts of any tier thereunder.
(23) No ARPA funds may be expended for lobbying purposes and payments from
other sources for lobbying must be disclosed (24 CFR Part 87).
(a)
No federally appropriated funds have been or will be paid, by or on behalf
of subrecipient, to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any federal contract, the making of any
federal grant, the making of any federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or
cooperative agreement.
(b) If any funds other than federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency,
a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this federal contract,
grant, loan, or cooperative agreement, it will complete and submit Standard
Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
(24) Where asbestos is present in property undergoing rehabilitation, Federal
requirements apply regarding worker exposure, abatement procedures and disposal. (CPD -
90 -44 EPA/OSHA).
(25) Compliance with Applicable Law and Regulations.
(a) Subrecipient agrees to comply with the requirements of sections 602 and
603 of the Act, regulations adopted by Treasury pursuant to sections 602(f)
and 603(f) of the Act, and guidance issued by Treasury regarding the
foregoing. Subrecipient also agrees to comply with all other applicable
federal statutes, regulations, and executive orders, and Subrecipient shall
provide for such compliance by other parties in any agreements it enters
into with other parties relating to this award.
(b) Federal regulations applicable to this award include, without limitation , the
following:
i. Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards, 2 C.F.R. Part 200, other than such
provisions as Treasury may determine are inapplicable to this Award and
subject to such exceptions as may be otherwise provided by Treasury.
Subpart F - Audit Requirements of the Uniform Guidance, implementing
the Single Audit Act, shall apply to this award.
ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R.
Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R.
Part 25 is hereby incorporated by reference.
iii. Reporting Subaward and Executive Compensation Information, 2
C.F.R. Part 170, pursuant to which the award term set forth in Appendix
A to 2 C.F.R. Part 170 is hereby incorporated by reference.
iv. OMB Guidelines to Agencies on Governrnentwide Debarment and
Suspension (Nonprocurement), 2 C.F.R. Part 180, including the
requirement to include a term or condition in all lower tier covered
transactions (contracts and subcontracts described in 2 C.F.R. Part 180,
subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's
implementing regulation at 31 C.F.R. Part 19.
v. Recipient Integrity and Performance Matters, pursuant to which the
award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200
is hereby incorporated by reference.
vi. Governmentwide Requirements for Drug -Free Workplace, 31
C.F.R. Part 20.
vii. New Restrictions on Lobbying, 31 C.F.R. Part 21.
viii. Uniform Relocation Assistance and Real Property Acquisitions Act
of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations.
ix. Generally applicable federal environmental laws and regulations.
(c) Statutes and regulations prohibiting discrimination applicable to this award,
include, without limitation, the following:
Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and
Treasury's implementing regulations at 31C.F.R. Part 22, which
prohibit discrimination on the basis of race, color, or national origin
under programs or activities receiving federal financial assistance;
ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C.
§§ 3601 et seq.), which prohibits discrimination in housing on the basis
of race, color, religion, national origin, sex, familial status, or disability;
iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §
794), which prohibits discrimination on the basis of disability under any
program or activity receiving federal financial assistance;
iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101
et seq.), and Treasury's implementing regulations at 31 C.F.R. Part
23, which prohibit discrimination on the basis of age in programs or
activities receiving federal financial assistance; and
v. Title II of the Americans with Disabilities Act of 1990, as amended (42
U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of
disability under programs, activities, and services provided or made
available by state and local governments or instrumentalities or
agencies thereto.
(26) Hatch Act. Subrecipient agrees to comply, as applicable, with requirements of
the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political
activities of State or local government employees whose principal employment is in
connection with an activity financed in whole or in part by this federal assistance.
(a) In accordance with 41 U.S.C. § 4712, Subecipient may not discharge,
demote , or otherwise discriminate against an employee in reprisal for
disclosing to any of the list of persons or entities provided below,
information that the employee reasonably believes is evidence of gross
mismanagement of a federal contract or grant, a gross waste of federal
funds, an abuse of authority relating to a federal contract or grant, a
substantial and specific danger to public health or safety, or a violation of
law, rule, or regulation related to a federal contract (including the
competition for or negotiation of a contract) or grant.
(b) The list of persons and entities referenced in the paragraph above includes the
following:
i. A member of Congress or a representative of a committee of Congress;
ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Treasury employee responsible for contract or grant oversight or
management;
v. An authorized official of the Department of Justice or other law
enforcement agency;
vi. A court or grand jury; or
vii. A management official or other employee of Subrecipient, contractor, or
subcontractor who has the responsibility to investigate, discover, or
address misconduct.
(c) Subrecipient shall inform its employees in writing of the rights and remedies
provided under this section, in the predominant native language of the
workforce.
(27) Increasing Seat Belt Use in the United States.
Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Subrecipient should
encourage its contractors to adopt and enforce on-the-job seat belt policies and
programs for their employees when operating company-ownedrented or personally
owned vehicles.
(28) Reducing Text Messaging While Driving.
Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Subrecipient should
encourage its employees, subrecipients, and contractors to adopt and enforce policies
that ban text messaging while driving, and Subrecipient should establish workplace
safety policies to decrease accidents caused by distracted drivers.
(29) Appendix H I to 2 CFR Part 200.
Subrecipient shall comply with the following:
Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part
60, all contracts that meet the definition of "federally assisted construction
contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause
provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246,
"Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965
Comp., p. 339), as amended by Executive Order 11375, "Amending Executive
Order 11246 Relating to Equal Employment Opportunity," and implementing
regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs,
Equal Employment Opportunity, Department of Labor."
• All applicable standards, orders or regulations issued pursuant to the Clean Air
Act (42U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as
amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal
awarding agency and the Regional Office of the Environmental Protection
Agency (EPA).
• Debarment and Suspension (Executive Orders 12549 and 12689) - A
subcontract must not be made to parties listed on the governmentwide
exclusions in the System for Award Management (SAM), in accordance with the
OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR
part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235),
"Debarment and Suspension." SAM Exclusions contains the names of parties
debarred, suspended, or otherwise excluded by agencies, as well as parties
declared ineligible under statutory or regulatory authority other than Executive
Order 12549.
• Byrd Anti -Lobbying Amendment (31 U.S.C. 1352) - Contractors that apply or bid
for an award exceeding $100,000 must file the required certification. Each tier
certifies to the tier above that it will not and has not used Federal appropriated
funds to pay any person or organization for influencing or attempting to influence
an officer or employee of any agency, a member of Congress, officer or
employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant or any other award
covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with
non -Federal funds that takes place in connection with obtaining any Federal
award. Such disclosures are forwarded from tier to tier up to the non -Federal
award.
• § 200.322. (a)As appropriate and to the extent consistent with law, the non -
Federal entity should, to the greatest extent practicable under a Federal
award, provide a preference for the purchase, acquisition, or use of goods,
products, or materials produced in the United States (including but not limited
to iron, aluminum, steel, cement, and other manufactured products). The
requirements of this section must be included in all subawards including all
contracts and purchase orders for work or products under this award.
(b) For purposes of this section:
(1) "Produced in the United States" means, for iron and steel products, that all
manufacturing processes, from the initial melting stage through the application of
coatings, occurred in the United States.
(2) "Manufactured products" means items and construction materials
composed in whole or in part of non-ferrous metals such as aluminum;
plastics and polymer -based products such as polyvinyl chloride pipe;
aggregates such as concrete; glass, including optical fiber; and lumber.
To be completed by City:
Subrecipient Name:
Project Name:
Project ID Number:
Subaward No.:
Total Award: $
CITY OF IOWA CITY
ARPA-SLFRF Quarterly Report Form
Reporting Period (select one): n Jan -Mar (Q1) ❑ Apr -June (Q2) ❑ July -Sept (Q3) ❑ Oct -Dec (Q4)
Amount of Costs Incurred (cumulative, to -date): $ Click or tap here to enter text.
Amount Expended (cumulative, to -date): $ Click or tap here to enter text.
Program Income Earned (cumulative, to -date): $ Click 01 tap here to enter text.
Program Income Expended (cumulative, to -date): $ Click or tap here to enter text.
Completion Status:
Brief Description of Project Accomplishments for the Quarter:
Subaward Specific Data:
Amount of wages recovered this quarter: $
Number of workers assisted for wage theft this quarter:
Amount of wages recovered (cumulative total since May 1, 2022)): $
Number of workers assisted for wage theft (cumulative total since May 1, 2022):
Signature
Date
Item Number: 6.d.
46,, CITY OF IOWA CITY
� COUNCIL ACTION REPORT
September 6, 2022
Resolution authorizing the use of State and Local Fiscal Recovery Fund
(SLFRF) revenue replacement funds to pay off delinquent utility accounts
and return to pre -pandemic utility billing protocol.
Prepared By: Cassandra Gripp, Grants Specialist
Reviewed By: Erika Kubly, Neighborhood Services Coordinator
Tracy Hightshoe, Neighborhood and Development Services Director
Geoff Fruin, City Manager
Fiscal Impact: The City has $14,036,108 in unencumbered ARPA-SLFRF funds available.
This agenda item would authorize expenditure of $676,146.49 of those
funds.
Recommendations: Staff: Approval
Commission: N/A
Attachments: Resolution
Executive Summary:
Since the onset of the COVI D-19 pandemic, the City has been operating on a relaxed billing and
collections protocol for delinquent utility accounts. These billing and collection adjustments were
intended to avoid water shut offs and provide relief for households who may have experienced
financial impacts due to the pandemic. Although this shift in protocol provided critical, needed
relief to households during the worst of the pandemic, it has resulted in growing revenue loss in
the City's utility enterprise funds, particularly the Water Fund. The City's utility bills include charges
for water, wastewater, stormwater, and curbside collection services. To date, the amount of
delinquent utility payments has risen to over half a million dollars.
Background /Analysis:
March 2020: Due to the pandemic, the City discontinued charging late fees, carding fees, and re-
connection fees; shutting off water; and filing liens or using collection services.
October 2020: The City Council adopted changes to the City's water rate ordinance including
eliminating the water shut-off carding fee and reducing the reconnection fee. These changes were
estimated to save households approximately $45 in fees during a water shut-off/reconnection
situation and resulted in an estimated $150,000 in annual revenue loss in the Water Fund. At this
time, the City also established additional notification procedures to implement when water shut-off
protocols resume, including mailing, e -mailing, and texting households who are risk of water shut-
off.
In October 2020, the City also notified households with delinquent accounts by phone and mail of
the State's Utility Disruption Prevention Program and the City's low-income discount program. The
City also expanded eligibility for the low-income discount program through the end of Fiscal Year
2021 and eased the enrollment process by requiring only proof of assistance from another state,
federal, or local program. The City used local funds and pandemic relief funds to operate multiple
rent, utility, and essential need assistance programs through local social service agencies
throughout the pandemic.
November 2020: City staff recommended a timeline for transitioning to the standard collections
procedures by March 2021 and Council elected to delay this by one month to see whether state
relief programs were extended or expanded during this time.
February 2021: The State of Iowa announced a new rent and utility assistance program, in
addition to its existing Utility Disruption Prevention Program.
March 2021: The City resumed a `soft' collections procedure which transferred only inactive
delinquent utility accounts to Valley Collection Services. No active accounts were/are currently
transferred. Valley Collection Services set up payment plans for the delinquent accounts on the
City's behalf and did not use any action against an individual's credit report or legal procedures.
Application of late fees and water shut offs remained discontinued.
In March 2021, the City Council held a Work Session to discuss utility account protocols. Staff
reported 1,661 delinquent accounts ($344,000 total past due), including 521 (approximately
$82,000) which were inactive. Since inactive accounts were not at risk of water shut-off due to
households no longer living at the residence, staff recommended proceeding with the formerly
proposed return to normal collection procedures for inactive accounts. In light of the new state
assistance program, staff recommended some options for collecting on delinquent active
accounts that took the new state program into consideration, would not jeopardize households'
eligibility for that program, and emphasized a strategy of setting up payment plans. Council again
decided to delay a transition back to normal collection procedures until the rules for the new state
assistance program were released.
September 2021: The State of Iowa announced a new Low -Income Household Water Assistance
Program (LI HWAP). When mailing October past due notices, the City included information about
this program in the notice as another option for households who were eligible and needed help
paying overdue bills.
As the state program rules were released, the City notified households with delinquent accounts
and continued to help qualified households get assistance through state and local programs or
enroll in the City's low-income discount program. Since the March 2021 Work Session, the City
has continued to operate upon the billing and collections protocol last directed by Council:
Active accounts: Connect and refer to assistance programs and encourage households to
pay what they can. No late fee, water shut-off, or collections penalties in effect.
Inactive accounts: Transfer to Valley Collection Services for `soft' collections that do not use
any action against an individual's credit report or legal procedures.
To date, the City has received approximately $242,000 from the state relief programs that
assisted households with paying off past -due balances, including approximately $145,000 from
the state utility relief programs and $96,000 from the LI HWAP program.
The City has taken several steps to connect households with relief programs and the soft
collections procedures have not resulted in significant improvements in unpaid balances of
delinquent inactive accounts. Furthermore, collections and water shut offs are two of the only tools
the City has to incentivize households to pay on overdue balances. Without these incentives,
continued growth in revenue loss is expected. Sustained revenue loss will lead to more pressure
for rate increases, which are borne by all utility users, not just those with past -due balances.
Staff recognizes a need to address losses in the utility enterprise funds while also transitioning
back to normal utility billing and collection procedures in a manner that is sensitive to the
households with delinquent accounts, some with large past due balances. As such, staff
recommends using a portion of the City's ARPA funds to replace lost revenue in our utility
accounts, effectively eliminating the need to pursue shut -offs based on current past -due balances
and enabling a clean return to normal utility operating protocol. This resolution would bring all past -
due utility accounts through May 2022 current for a total write-off amount of $676,146.49 and
resume pre -pandemic utility billing operations effective June 1, 2022.
ATTACHMENTS:
Description
Resolution
Prepared by: Cassandra Gripp, Grants Specialist, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
Resolution no.
22-211
Resolution authorizing the use of State and Local Fiscal Recovery Fund
(SLFRF) revenue replacement funds to pay off delinquent utility accounts
and return to pre -pandemic utility billing protocol.
Whereas, the City of Iowa City, provides utility services including water, wastewater,
stormwater, and curbside collection services; and
Whereas, due to the COVID-19 pandemic, many citizens experienced detrimental financial
impacts; and
Whereas, due to the negative impacts of the COVID-19 pandemic, the City of Iowa City
experienced increased utility bill delinquency; and
Whereas, the U.S. Department of Treasury allocated the City funds through the State and Local
Fiscal Recovery Fund ("SLFRF") as part of the American Rescue Plan Act (aka, ARPA) to meet
local needs; and
Whereas, the provision of government services to the extend of the reduction in the recipient's
general revenue due to the public health emergency is an eligible use of SLFRF funds under 31
CFR 35.6(d); and
Whereas, the City desires to allocate SLFRF funds resolve delinquent utility bills.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
1. The City Manager is authorized to use $676,146.49 in SLFRF funds to pay off
any delinquent bills generated prior to June 1, 2022 for all active and inactive
accounts.
2. The City Manager is authorized to resume regular collections procedures and
late fees on delinquent accounts beginning in August 2022 for bills generated
June 1, 2022 and after.
3. The City Manager is authorized to reinstate water shut -offs beginning in
September 2022.
Passed and approved this 6th
Attest: 1
//
ity Clerk
day of September 2022.
Approved by
'JP8/L-
City Attorney' Office — 69/01/2022
Resolution No. 22-211
Page 2
It was moved by Taylor and seconded by Weiner
the Resolution be adopted, and upon roll call there were:
Ayes: Nays: Absent:
X Alter
X Bergus
x Harmsen
X Taylor
X Teague
x Thomas
x Weiner
Item Number: 6.e.
4CITY OF IOWA CITY
!kr4gi,'��� COUNCIL ACTION REPORT
September 6, 2022
Resolution authorizing the procurement of five (5) new Police patrol vehicles.
Prepared By: Dan Striegel, Equipment Superintendent
Reviewed By: Dustin Liston, Police Chief
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact: $237,060.00; funds are available account #10410310
Recommendations: Staff: Approval
Commission: N/A
Attachments: Resolution
Executive Summary:
At the September 6, 2022 City Council meeting, consideration will be given to a resolution
authorizing the procurement, for scheduled replacement, of five (5) Ford Police Interceptor Utility
hybrid patrol vehicles.
State of Iowa DAS vehicle contract MA 005 22082 will be utilized for the procurement of the
patrol vehicles from Stivers Ford in Waukee, IA. Price per vehicle is $47,412.00 as per Stivers
Ford State of Iowa contract pricing sheet; total purchase including delivery is $237,060.00.
Funding for this purchase is available in account #10410310.
Background /Analysis:
The Police Department has 21 vehicles in its patrol fleet and these new vehicles will replace
existing patrol units as mileage criteria are reached. Due to long order to delivery lead times, all
vehicles are being ordered at the same time this year.
ATTACHMENTS:
Description
Resolution
Prepared by: Dan Striegel, Equipment Superintendent, 1200 S. Riverside Drive, Iowa City, IA 52246 (319) 356-5197
Resolution No. 22-212
Resolution authorizing the procurement of five (5) new Police
patrol vehicles
Whereas, the Police Department has five patrol vehicles budgeted for replacement in Fiscal Year
2023; and
Whereas, State of Iowa DAS vehicle contract MA 005 22082 will be utilized for the procurement of
the patrol vehicles; and
Whereas, the total purchase price of the patrol vehicles is $237,060.00; and
Whereas, the City's purchasing policy requires City Council to approve purchases for Goods and
Services over $150,000.00; and
Whereas, funds for this purchase are available in the Police Patrol account 10410310 and;
Whereas, approval of this procurement is in the public interest.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
1. The proposed procurement as described above is approved.
2. The City Manager is authorized to take the steps necessary to effectuate the purchase
including any amendments or change orders.
Passed and approved this 6th
,)
Attest: V)
CityClerk
day of September
, 2022
Approved by
City Attorney' ffice — 08/28/2022
It was moved by Taylor and seconded by Weiner the Resolution be
adopted, and upon roll call there were:
Ayes: Nays: Absent:
x Alter
x Bergus
x Harmsen
x Taylor
x Teague
X Thomas
x Weiner
Item Number: 6.f.
1 4CITY OF IOWA CITY
!kr4gi,'��� COUNCIL ACTION REPORT
September 6, 2022
Resolution adopting the by-laws of the Community Police Review Board and
rescinding Resolution No. 19-284.
Prepared By: Susan Dulek, FirstAss't. City Attorney
Reviewed By: Kellie Fruehling, City Clerk
Geoff Fruin, City Manager
Fiscal Impact: none
Recommendations: Staff: Approval
Commission: CPRB approved the amendments at its 7/12/22 meeting
Attachments: CPRB minutes 7/12/22
Memo from CPRB
Council Rules Committee 8/30/22 minutes (draft)
Resolution
By -Laws
Executive Summary:
The membership of the CPRB was recently increased by ordinance from 5 to 7 members
necessitating an amendment to the CPRB by-laws. Additionally, the by-laws should be amended
to clarify that if a provision of the City Code conflicts with Robert's Rules, the City Code provision
prevails. The CPRB approved these amendments to the by-laws as did the Council Rules
Committee.
Background /Analysis:
ATTACHMENTS:
Description
Memorandum from CPRB
Minutes CPRB 7-12-22
Rules Committee minutes 8-30-22
resolution
redlined by-laws
MEMORANDUM
DATE: July 13, 2022
TO: City of Iowa City Council
FROM: Community Police Review Board Members
Re: proposed amendments to the By-laws of the Community Police Review
Board
*****************************************************************************************
At their July 12, 2022 meeting, the members of the Community Police Review Board
adopted certain amendments to the board's By -Laws. Pursuant to Article X of the By -
Laws, the amendments become effective after approval by the City Council. The CPRB
members request that the City Council approve the following amendments (suggested
additions are shown with double underlined text, and suggested deletions are shown with
strikethrough text):
1. The first sentence of Section 1 of Article III shall be amended to read as follows:
Section 1. Qualifications. The Board shall consist of five (5) seven (7) members
appointed by the City Council who shall be eligible electors of the City of Iowa
City, Iowa and shall meet the criteria contained in Chapter 8, City Code, City of
Iowa City, Iowa.
2. Section 12 of Article V shall be amended to read as follows:
Section 12. Voting. A majority vote is required for adoption of any motion,
except for a motion to close a session as provided for in the Iowa Code. Upon
request voting will be by roll call and will be recorded by yeas and nays. Every
member of the Board; jincluding the Chairperson), who is present at a meeting
where a motion is put to vote, is required to cast a vote upon each motion,A4
member who abstains shall unless such member states a valid the reason for
abstention.
3. Section 13 of Article V shall be amended to read as follows:
Section 13. Roberts Rules of Order. The rules in the current edition of Roberts
Rules of Order Newly Revised shall govem the Board in all cases to which they
are applicable and in which they are not inconsistent with the Chapter 8, Title 8 of
the Iowa City Code of Ordinances, these bylaws and or any special rule or order
the Board my adopt.
4. Article X shall be amended to read as follows:
These by-laws may be altered, amended or repealed, and new by-laws adopted
by an of imiative vote of not less than three a majority of the members of the
Board at any regular meeting or at any special meeting called for that purpose.
Amendments shall become effective after approval by the City Council.
Approved/Final
COMMUNITY POLICE REVIEW BOARD
MINUTES — JULY 12, 2022
CALL TO ORDER: Chair Amanda Nichols called the meeting to order at 5:30 p.m.
MEMBERS PRESENT: Ricky Downing (5:50 p.m.), Melissa Jensen, Jerri MacConnell,
Saul Mekies, Amanda Nichols, Orville Townsend, Stuart Vander Vegte
MEMBERS ABSENT None
STAFF PRESENT: Staff Tammy Neumann, Legal Counsel Patrick Ford
OTHERS PRESENT: Iowa City Police Chief Dustin Liston
RECOMMENATIONS TO COUNCIL
(1) Accept the proposed amendments to the CPRB Bylaws and Ordinance — See memos from
CPRB Legal Counsel Ford included in the 6/2/22 and 7/28/22 information packet.
CONSENT CALENDAR
Motion by Townsend, seconded by Jensen to adopt the consent calendar as presented.
• Minutes of the meeting on 06/14/2022
• ICPD General Order 99-03 (Prisoner Transport)
• ICPD Use of Force Review/Report March
• ICPD Memorandum — Quarterly Summary Report IAIR/CPRB, 2nd Qtr. 2022
Motion carried 6-0, Downing absent.
NEW BUSINESS
Proposed Revisions to the CPRB Bylaws:
Memos re: Proposed Revisions to CPRB Bylaws — Patrick Ford
Legal Counsel Ford reviewed his proposed revisions to the CPRB Bylaws. Amendments include
updating Section 1 of Article III to seven members (previously five); an addition to Section 12, Article V
that states that a "majority vote is required for adoption of any motion...by every member of the board"
to "who is present at a meeting where a motion is put to vote"; Section 13, Article V adding that the
newly revised Roberts Rules of Order "shall govern the Board in all cases to which they are applicable
in which they are not inconsistent with the Chapter 8, Title 8 of the Iowa City Code of Ordinances"; and
Article X revised to state that an affirmative vote of "no less than three" to "a majority of the members of
the Board..."
MacConnell noted that the bylaws do not mention that there is a requirement that one of the seven
board members be a peace officer who has been retired for five years and that as far as she knew
there wasn't a vote to remove that requirement. Ford explained what MacConnell was referring to is
CPRB
July 12, 2022
included in the ordinance and not the bylaws. Ford then asked if the amendment to the ordinance had
been voted on by City Council. Chief Liston said his recollection was that the Council discussed the
request and voted to reimplement the requirement that an officer that was employed by the City of Iowa
City not be appointed to the board until they had been absent from that position for at least two years
(previously five years). Townsend expressed he thinks the ordinance should state "whenever possible"
the board will include one peace officer. Jensen pointed out that she can serve the role of peace officer
on the board.
Proposed Revisions to the CPRB Ordinance:
Legal Counsel Ford recommended a revision to Ordinance 8-8-8(B)(2) which currently states, "The
Board shall decide the level of review to give the Police Chief's or City Manager's report by a simple
majority vote of all members of the board" to "...approved "by a simple majority vote." Ford noted that
there is a conflict, as it reads now, between sections 8-8-8(B)(2) and section 8-8-7(B)(1). Ford stated 8-
8-7(6)(1) provides a vote to set the level of review is made on a simple majority vote which means the
vote is approved by a majority of the members in attendance and 8-8-8(B)(2) is written as it would
require a vote be approved by a simple majority of all members of the board.
Townsend expressed his concern when voting on a critical matter that perhaps it should be by a vote of
the entire board explaining that if only four members were present and three of them are considered a
majority, it may not be a good representation of the entire boards' preference. Ford noted that it is
something to consider and that it would be up to the Board. Mekies noted that requiring a majority of
the entire board could complicate the process. Ford explained to those present that the ordinance
addresses the guts of what the board does while the bylaws state, in general, how a meeting is run and
how the items are voted on.
After some discussion, the board agreed with the changes presented by Ford.
Motion by Mekies, seconded by Vander Vegte to accept the proposed amendments to the CPRB
Bylaws and Ordinance.
Motion carried 6-0, Downing absent.
Language Interpretation Options:
During the June 14, 2022 meeting, board members asked what options were available to the Board if
interpretation services are necessary. Neumann distributed the "City of Iowa City Translation &
Interpretation Guidelines" provided by the City Manager's Office. Neumann shared that the City does
not provide interpretation services for public meetings and that most individuals will provide their own
interpreter at their own expense. Nichols asked if the complaint forms are available in other languages.
Neumann stated that forms are not available in other languages, however, the online information
regarding the complaint process includes a language selection option through Google. The City has
access to interpretation services such as Language Line at a cost of $1.95 per hour. Staff has the
ability to use an iPad for Google Translate. Townsend asked if someone needed translation services
and could not provide their own, would the City deny their request. Neumann said that the City would
investigate all available alternatives.
(Downing arrived at 5:50 p.m.)
CITY COUNCIL RULES COMMITTEE MEETING
MINUTES
August 30, 2022
Helling Conference Room
2:00 PM
Committee Members Present: Councilor Harmsen, Councilor Taylor
Staff Members Present: Assistant City Attorney Dulek, City Clerk Fruehling,
Neighborhood Services Coordinator Kubly, Community Development Planner Thul
Review by-law changes:
Community Police Review Board
Housing & Community Development Commission
Community Police Review Board By -Laws
Fruehling asked if there were questions or comments regarding the proposed changes.
Councilor Harmsen wanted to note a concern noted by one of the board members
regarding voting on a critical matter that it should be by a majority vote of all board
members and not by a majority of those present at the meeting as it may not be a good
representation of the entire board's preference. Taylor asked if there was a policy for
board members being able to participate virtually. Fruehling stated board members had
the ability to call into the meeting, Dulek added there must be a quorum present
physically at the meeting.
Housing & Community Development (HCDC) By -Laws
Fruehling asked if there were questions or comments regarding the proposed changes.
Councilor Taylor had concerns regarding the suggested positions with expertise in Article
4 Membership, Section B. Harmsen had the same concern when there are times with
very few applicants for openings and specifying expertise may reduce those numbers, and
he wants to ensure the ability to appoint an applicant that does not meet a specific role.
Harmsen also asked for clarification on how conflict of interest is avoided when current
employees of a nonprofit apply for an opening on HCDC. Dulek provided information
on staff notification to applicants of how a conflict of interest removes their ability to
vote on certain matters. Neighborhood Services Coordinator Kubly noted that typically
there is no conflict with someone that has property management experience or is
currently a property manager. Harmsen would like the three clauses in Section B to read
as one and wanted to know if there would be any issues with the last sentence of that
paragraph. Dulek noted the language came from the Human Rights Commission
ordinance and there have been no issues.
Motion by Harmsen, seconded by Taylor to accept the by-laws with the amendment to
the Housing & Community Development Commission in Section B.
Meeting adjourned 2:24 PM
CITY COUNCIL RULES COMMITTEE MEETING
MINUTES
August 30, 2022
Helling Conference Room
2:00 PM
Committee Members Present: Councilor Harmsen, Councilor Taylor
Staff Members Present: Assistant City Attorney Dulek, City Clerk Fruehling,
Neighborhood Services Coordinator Kubly, Community Development Planner Thul
Review by-law changes:
Community Police Review Board
Housing & Community Development Commission
Community Police Review Board By -Laws
Fruehling asked if there were questions or comments regarding the proposed changes.
Councilor Harmsen wanted to note a concern noted by one of the board members
regarding voting on a critical matter that it should be by a majority vote of all board
members and not by a majority of those present at the meeting as it may not be a good
representation of the entire board's preference. Taylor asked if there was a policy for
board members being able to participate virtually. Fruehling stated board members had
the ability to call into the meeting, Dulek added there must be a quorum present
physically at the meeting.
Housing & Community Development (HCDC) By -Laws
Fruehling asked if there were questions or comments regarding the proposed changes.
Councilor Taylor had concerns regarding the suggested positions with expertise in Article
4 Membership, Section B. Harmsen had the same concern when there are times with
very few applicants for openings and specifying expertise may reduce those numbers, and
he wants to ensure the ability to appoint an applicant that does not meet a specific role.
Harmsen also asked for clarification on how conflict of interest is avoided when current
employees of a nonprofit apply for an opening on HCDC. Dulek provided information
on staff notification to applicants of how a conflict of interest removes their ability to
vote on certain matters. Neighborhood Services Coordinator Kubly noted that typically
there is no conflict with someone that has property management experience or is
currently a property manager. Harmsen would like the three clauses in Section B to read
as one and wanted to know if there would be any issues with the last sentence of that
paragraph. Dulek noted the language came from the Human Rights Commission
ordinance and there have been no issues.
Motion by Harmsen, seconded by Taylor to accept the by-laws with the amendment to
the Housing & Community Development Commission in Section B.
Meeting adjourned 2:24 PM
DRAFT
IOWA CITY
COMMUNITY POLICE
REVIEW BOARD
BY-LAWS
(Revised `1_122, Res. 22-
BY-LAWS
IOWA CITY COMMUNITY
POLICE REVIEW BOARD
ARTICLE 1. AUTHORITY:
The Community Police Review Board formerly known as the Citizens Police Review Board (hereafter
referred to as the Board) shall have that authority which is conferred by Chapter 8 of the City
Code of the City of Iowa City, Iowa and through the adoption of these by-laws stated herein.
ARTICLE 11. PURPOSE:
The purpose of the by-laws stated herein is to provide for the general welfare of the Iowa City
community by establishing a Board to advise the Police Chief, City Manager and City Council on
matters pertaining to the policies, practices and overall performance of the Iowa City Police
Department. Further, in an effort to assure that the Iowa City Police Department's performance is
in keeping with community standards, this Board is created to review investigations into
complaints of police misconduct to ensure that such investigations are conducted in a matter which
is fair, thorough, and accurate, and to maintain a central registry and to provide City Council with
an annual report on all such complaints.
ARTICLE 111. MEMBERSHIP:
Section 1. Qualifications. The Board shall consist of five (5) seven L7) members appointed by
the City Council who shall be eligible electors of the City of Iowa City, Iowa and shall meet the criteria
contained in Chapter 8, City Code, City of Iowa City, Iowa. Appointments to the Board shall
include one current or former "peace officer" as that term is defined by state law. The City Council
may waive the residency requirement for good cause shown and may waive the requirement that
the Board include one current or former "peace officer" for good cause shown.
Section 2, Compensation. Members shall serve without compensation, but may be reimbursed
for expenses incurred for travel outside the city on designated Board business. Such expenses
must be submitted to the City Manager for approval and reimbursement.
Section 3. Orientation for New Members. Prior to the first regular meeting following their
appointment, new members shall be provided with copies of the ordinance creating the Board, the
written policies of the Iowa City Police Department, the Board by-laws, open records law, open
meetings law, the name of the council member appointed by the City Council to serve as the
liaison to the Board and other documentation that would be useful to Board members in carrying
out their duties. They shall also be given an orientation briefing by the appropriate City staff and
the Board as is deemed appropriate.
Section 4. Absences. The Board may recommend to the City Council that the City Council discharge
any Board member who: (1) is absent from two consecutive regular or special meetings without
excuse as determined by the Board on a case by case basis; or (2) is absent from four consecutive
regular or special meetings, whether excused or unexcused; or (3) is absent from at least four out
of six consecutive regular or special meetings, whether excused or unexcused.
Section 5. Vacancies. Any vacancy on the Board because of death, resignation, long-term illness,
disqualification or removal shall be filled by the City Council after at least 30 days public notice of
the vacancy.
Section 6. Terms, Members shall be initially appointed for staggered terms as outlined in Chapter
8, City Code, City of Iowa City, Iowa. Thereafter, Members shall be appointed for terms of four
yeana, with terms expiring on June 30. If a position becomes vacant by reason of resignation or
othemvise, and results in an unexpired term of six months or |eos, the Council may choose to fill
the unexpired term in such a nianner that the appointee shall continue in the pcsition not only through
the unexpired term, but also through a sibsequent regular term.
Section 7. Resignations. Resignations shall be submitted in writing to the Mayor with a copy to
the City Clerk and the Chairperson of the Board at least 30 days prior to the date of intended
departure.
ARTICLE IV. OFFICERS
Section 1. NumberThe officers of this Board shall be a Chairperson and Vice -Chairperson, each
of whom shall be elected by the members of the Board.
Section 2. Election and Term of Office. Officers of the Board shall be elected by a majority of ail
members as soon as practicable after formation of the Boand, and thereafter annually at the first
regular meeting in October each year; if the election of officers shall not be held at such meeting,
such election shall be held as soon thereafter as is convenient.
Section 3. Vacancies. A vacancy in any office because of death, resignation, removal,
disqualification or other cause shall be filled by the members for the unexpired portion of the term.
Section 4. Chairperson. The Chairperson shal|, when preoent, preside at all rneetin@o, appoint
nonnrnittees, call special meetings and in general perform all duties incident to the office of a
Chairperson, and such other duties as may be prescribed by the members from time to time.
Section 5. Vice -Chairperson. In the absence of the Cheirperson, or in the event of death, inability
or refusal to act, the Vice -Chairperson shall perform the duties of the Chairperson and when so
acting shall have all the powers of and be subject to all the restrictions upon the Chairperson.
ARTICLE V. BOARD MEETINGS:
Section 1. Regular Meetings. The Board's regular meeting will be held the second Tuesday of
each month. This meeting time may be rescheduled upon agreement by a majority of the Board.
Section 2, Special meetings. Special meetings may be called by the Chairperson and shall be
called by the Chairperson or Vice Chairperson at the request of three or more Members of the
Board. At least one (1) full day's written notice of meeting place, time and agenda shall be given
to each Member and the rnedia.
Section 3. Agenda. Insofar as possible, at regular and special meetings only matters included on
the agenda may be discussed and formal votes taken. Care shaU be taken to avoid discussion of
non -agenda items.
Section 4. Quorum. A majority of the members of the Board shall constitute a quorum at any
meeting.
3
Section 5. Place of Meetings. Meetings, both regular and special, shall be held in an accessible
City facility. Meetings which are forums solely for community input may be in other appropriate
meeting places in Iowa City,
Section 6. Notice of Meetings. Notice of meetings shall be required; meetings may be called upon
notice not Tess than twenty-four (24) hours before the meetings unless such notice is impossible
or impracticable, in which case notice shall be provided as outlined in the Iowa Code. The news
media shall be notified by staff. Board meetings shall be public except where provided in the Iowa
Code.
Section 7. Proxies. There shall be no vote by proxy.
Section 8. Public Discussion. Time shall be made available during all meetings for open public
discussion.
Section 9. Motions. Motions may be made or seconded by any member of the Board, including
the Chairperson.
Section 10. Exported Contacts. A member who has had a discussion of an agenda item outside of
a public meeting with an interested party shall reveal the contact, name the other party and share
specifics of the contact, copies if in writing or a synopsis if verbal.
Section 11. Conflict of Interest. Members who believe they have a conflict of interest on a matter
about to come before the Board shall state the reason for the conflict of interest, leave the room
before the discussion begins, and return after the vote.
Section 12. Voting.A majority vote is required for adoption of any motion, except for a motion to
close a session as provided for in the Iowa Code. Upon request, voting will be by roll call and will
be recorded by yeas and nays. Every member of the Board, including the Chairperson, who is present
aLa meeting where mettQxLi. ppt to vele is required to cast a vote upon each motion._ A mcmbcr
w e abstains she# unless such member states a valid the reason for abstention.
Section 13. Roberts Rules of Order. The rules in the current edition of Roberts Rules of Order
Newly Revised shall govern the Board in all cases to which they are applicable and in which they
are not inconsistent with the Chair 8. Title 8 of the lowa City Code of Ordinances, these bylaws,
a4 or any special rules or order the Board may adopt.
ARTICLE VI, GENERAL AND LIMITED POWERS AND DUTIES:
The Board shall have the powers and duties set forth in Chapter 8 of the City Code of Iowa City.
ARTICLE VII. PUBLIC RECORDS: EXCEPTIONS
Section 1. All records of the Board shall be public, except:
(a)
Complaints, reports of investigations, statements and other documents or records obtained in
investigation of any complaint shall be closed records unless a public hearing is held or a
contrary determination is made by Counsel to the Board pursuant to the provisions of the
Iowa Code.
(b) The minutes and tape recordings of any session closed under the provisions of the Iowa
Code shall be dosed records.
(c) 4
No member of the Board or of its staff shall disclose information protected by the Iowa
Open Records Law or the Iowa Open Meetings Law. Nothing in this provision shall prevent
the Board from releasing such information concerning alleged or acknowledged practices
to the Iowa City City Council, the City Manager and/or Chief of Po||ue, either in the form of
its required annual report or otherwise. This section does not prevent any nonnp|ainant,
witness or other person from publicizing the filing of a complaint or the matter therein
complained of. Violation of these provisions by a member of the Board or its staff shall
constitute grounds for removal.
ARTICLE Vill. CONDUCT OF BOARD BUSINESS:
Section 1' Agenda. The Chairperson, or a designated representative, together w i t h staff assistance
shall prepare an agenda for all Board meetings. Agendas are to be posted at Ieast 24 hours before
the meeting and shall be sent to Board members and the media prior to meetings. Copies will be
available to the public at the meeting.
Section 2. Mnutes. Minutes of all meetings are to be prepared and distributed to Board and City
Council members. Specific recommendations requiring Council action are to be set off from the
main body of the minutes and appropriately identified.
Section 3. Review Policy. The Board shall review all policies and programs of the City relating to
the Board's duties as stated herein, and make such recommendations to the City Council as are
deemed appropriate.
Section 4. Referrals from Council, From time to time |edera, requests for infonnaUon, requests for
raconnnnendmUqns, and other matters are referred to the Board by the City Council. The Board will
initiate consideration of each item at the next regular Board meeting and shall notify Council of its
disposition.
Section 5. Annual Report. An annual report detailing the activities of the Board shall be prepared
by the Chairperson, approved by the Board, and submitted to the City Council.
ARTICLE IX. SUBCOMMITTEES:
The subcommittees of this Board including compooition, dubao, and terms shall be as designated
by the Chairperson.
ARTICLE X. AMENDMENTS:
These may be altered, amended or repealed, and new by an affirmative
vote of not less than three amajority of the members of the Board at any regular meeting or at any
special meeting called for that purpose. Amendments shall become effective after approval by the
Prepared by: Susan Dulek, First Ass't City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030
Resolution No. 22-213
Resolution adopting the by-laws of the Community Police Review
Board and rescinding Resolution No. 19-284.
Whereas, the membership of the Community Police Review Board was recently increased by
ordinance from five (5) members to seven (7) members necessitating an amendment to the
CPRB by-laws; and
Whereas, the by-laws should be amended to clarify that if a provision of the City Code conflicts
with Robert's Rules of Order, the City Code provision prevails; and
Whereas, the CPRB approved amendments to the by-laws at its meeting on July 12, 2022, but
they are not effective until approved by the City Council; and
Whereas, the Council Rules Committee has reviewed the proposed amendments to the by-laws
and has recommended adoption; and
Whereas, the current by-laws were approved in Resolution No. 19-284.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that:
1. The attached By -Laws of the Community Police Review Board are approved and
adopted by the City Council.
2. Resolution No. 19-284 is rescinded.
Passed and approved this 6th day of September , 2022.
Attest: I,
City Cldrk
a
Approved By:
City Attory's Office
(Sue Dulek — 08/31/2022)
Resolution No. 22-213
Page 2
It was moved by Taylor and seconded by Weiner
the Resolution be adopted, and upon roll call there were:
Ayes: Nays: Absent:
X Alter
X Bergus
X Harmsen
X Taylor
X Teague
X Thomas
X Weiner
IOWA CITY
COMMUNITY POLICE
REVIEW BOARD
BY-LAWS
evised 0)9- _0_6122, Res. 22- 213)
BY-LAWS
IOWA CITY COMMUNITY
POLICE REVIEW BOARD
ARTICLE I. AUTHORITY:
The Community Police Review Board formerly known as the Citizens Police Review Board (hereafter
referred to as the Board) shall have that authority which is conferred by Chapter 8 of the City
Code of the City of Iowa City, Iowa and through the adoption of these by-laws stated herein.
ARTICLE II. PURPOSE:
The purpose of the by-laws stated herein is to provide for the general welfare of the Iowa City
community by establishing a Board to advise the Police Chief, City Manager and City Council on
matters pertaining to the policies, practices and overall performance of the Iowa City Police
Department. Further, in an effort to assure that the Iowa City Police Department's performance is
in keeping with community standards, this Board is created to review investigations into
complaints of police misconduct to ensure that such investigations are conducted in a matter which
is fair, thorough, and accurate, and to maintain a central registry and to provide City Council with
an annual report on all such complaints.
ARTICLE III. MEMBERSHIP:
Section 1. Qualifications. The Board shall consist of seven (7) members appointed by the City
Council who shall be eligible electors of the City of Iowa City, Iowa and shall meet the criteria
contained in Chapter 8, City Code, City of Iowa City, Iowa. Appointments to the Board shall
include one current or former "peace officer" as that term is defined by state law. The City Council
may waive the residency requirement for good cause shown and may waive the requirement that
the Board include one current or former "peace officer" for good cause shown.
Section 2. Compensation. Members shall serve without compensation, but may be reimbursed
for expenses incurred for travel outside the city on designated Board business. Such expenses
must be submitted to the City Manager for approval and reimbursement.
Section 3. Orientation for New Members. Prior to the first regular meeting following their
appointment, new members shall be provided with copies of the ordinance creating the Board, the
written policies of the Iowa City Police Department, the Board by-laws, open records law, open
meetings law the name of the council member appointed by the City Council to serve as the
liaison to the Board and other documentation that would be useful to Board members in carrying
out their duties. They shall also be given an orientation briefing by the appropriate City staff and
the Board as is deemed appropriate.
Section 4. Absences. The Board may recommend to the City Council that the City Council discharge
any Board member who: (1) is absent from two consecutive regular or special meetings without
excuse as determined by the Board on a case by case basis; or (2) is absent from four consecutive
regular or special meetings, whether excused or unexcused; or (3) is absent from at least four out
of six consecutive regular or special meetings, whether excused or unexcused.
Section 5. Vacancies. Any vacancy on the Board because of death, resignation, long-term illness,
disqualification or removal shall be filled by the City Council after at least 30 days public notice of
the vacancy.
Section 6. Terms. Members shall be initially appointed for staggered terms as outlined in Chapter
8. City Code, City of Iowa City, Iowa. Thereafter, Members shall be appointed for terms of four
years, with terms expiring on June 30. If a position becomes vacant by reason of resignation or
otherwise, and results in an unexpired term of six months or less. the Council may choose to fill
the unexpired term in such a manner that the appointee shall continue in the position not only through
the unexpired term. but also through a subsequent regular term.
Section 7. Resignations. Resignations shall be submitted in writing to the Mayor with a copy to
the City Clerk and the Chairperson of the Board at least 30 days prior to the date of intended
departure.
ARTICLE IV. OFFICERS:
Section 1. Number. The officers of this Board shall be a Chairperson and Vice -Chairperson, each
of whom shall be elected by the members of the Board.
Section 2. Election and Term of Office. Officers of the Board shall be elected by a majority of all
members as soon as practicable after formation of the Board, and thereafter annually at the first
regular meeting in October each year; if the election of officers shall not be held at such meeting,
such election shall be held as soon thereafter as is convenient.
Section 3. Vacancies. A vacancy in any office because of death. resignation, removal,
disqualification or other cause shall be filled by the members for the unexpired portion of the term.
Section 4. Chairperson. The Chairperson shall. when present, preside at all meetings, appoint
committees. call special meetings and in general perform all duties incident to the office of a
Chairperson. and such other duties as may be prescribed by the members from time to time.
Section 5. Vice -Chairperson. In the absence of the Chairperson.. or in the event of death. inability
or refusal to act. the Vice -Chairperson shall perform the duties of the Chairperson and when so
acting shall have all the powers of and be subject to all the restrictions upon the Chairperson.
ARTICLE V. BOARD MEETINGS:
Section 1. Regular Meetings. The Board's regular meeting will be held the second Tuesday of
each month. This meeting time may be rescheduled upon agreement by a majority of the Board.
Section 2. Special meetings. Special meetings may be called by the Chairperson and shall be
called by the Chairperson or Vice Chairperson at the request of three or more Members of the
Board. At least one (1) full day's written notice of meeting place, time and agenda shall be given
to each Member and the media.
Section 3. Agenda. Insofar as possible, at regular and special meetings only matters included on
the agenda may be discussed and formal votes taken. Care shall be taken to avoid discussion of
non -agenda items.
Section 4. Quorum. A majority of the members of the Board shall constitute a quorum at any
meeting.
3
Section 5. Place of Meetings. Meetings, both regular and special, shall be held in an accessible
City facility. Meetings which are forums solely for community input may be in other appropriate
meeting places in Iowa City.
Section 6. Notice of Meetings. Notice of meetings shall be required; meetings may be called upon
notice not less than twenty-four (24) hours before the meetings unless such notice is impossible
or impracticable, in which case notice shall be provided as outlined in the Iowa Code. The news
media shall be notified by staff. Board meetings shall be public except where provided in the Iowa
Code.
Section 7. Proxies. There shall be no vote by proxy.
Section 8. Public Discussion. Time shall be made available during all meetings for open public
discussion.
Section 9. Motions. Motions may be made or seconded by any member of the Board, including
the Chairperson.
Section 10. Exported Contacts. A member who has had a discussion of an agenda item outside of
a public meeting with an interested party shall reveal the contact. name the other party and share
specifics of the contact, copies if in writing or a synopsis if verbal.
Section 11. Conflict of Interest. Members who believe they have a conflict of interest on a matter
about to come before the Board shall state the reason for the conflict of interest, leave the room
before the discussion begins. and return after the vote.
Section 12. Voting. A majority vote is required for adoption of any motion. except for a motion to
close a session as provided for in the Iowa Code. Upon request. voting will be by roll call and will
be recorded by yeas and nays. Every member of the Board, including the Chairperson, who is present
at a meeting where a motion is put to vote is required to cast a vote upon each motion, unless such
member states a valid reason for abstention.
Section 13. Roberts Rules of Order. The rules in the current edition of Roberts Rules of Order
Newly Revised shall govern the Board in all cases to which they are applicable and in which they
are not inconsistent with the Chapter 8, Title 8 of the Iowa City Code of Ordinances, these bylaws,
or any special rules or order the Board may adopt.
ARTICLE VI. GENERAL AND LIMITED POWERS AND DUTIES:
The Board shall have the powers and duties set forth in Chapter 8 of the City Code of Iowa City.
ARTICLE VII. PUBLIC RECORDS: •EXCEPTIONS
Section 1. AM records of the Board shall be public. except:
(a) Complaints. reports of investigations, statements and other documents or records obtained in
investigation of any complaint shall be closed records unless a public hearing is held or a
contrary determination is made by Counsel to the Board pursuant to the provisions of the
Iowa Code.
(b) The minutes and tape recordings of any session closed under the provisions of the Iowa
Code shall be closed records.
4
(c) No member of the Board or of its staff shall disclose information protected by the Iowa
Open Records Law or the Iowa Open Meetings Law. Nothing in this provision shall prevent
the Board from releasing such information concerning alleged or acknowledged practices
to the Iowa City City Council, the City Manager and/or Chief of Police, either in the form of
its required annual report or otherwise. This section does not prevent any complainant,
witness or other person from publicizing the filing of a complaint or the matter therein
complained of. Violation of these provisions by a member of the Board or its staff shall
constitute grounds for removal.
ARTICLE VIII. CONDUCT OF BOARD BUSINESS:
Section 1 . Agenda. The Chairperson, or a designated representative, together with staff assistance
shall prepare an agenda for all Board meetings. Agendas are to be posted at least 24 hours before
the meeting and shall be sent to Board members and the media prior to meetings. Copies will be
available to the public at the meeting.
Section 2. Minutes. Minutes of all meetings are to be prepared and distributed to Board and City
Council members. Specific recommendations requiring Council action are to be set off from the
main body of the minutes and appropriately identified.
Section 3. Review Policy. The Board shall review all policies and programs of the City relating to
the Board's duties as stated herein. and make such recommendations to the City Council as are
deemed appropriate.
Section 4. Referrals from Council. From time to time letters. requests for information. requests for
recommendations, and other matters are referred to the Board by the City Council. The Board will
initiate consideration of each item at the next regular Board meeting and shall notify Council of its
disposition.
Section 5. Annual Report. An annual report detailing the activities of the Board shall be prepared
by the Chairperson. approved by the Board. and submitted to the City Council.
ARTICLE IX. SUBCOMMITTEES:
The subcommittees of this Board including composition. duties. and terms shall be as designated
by the Chairperson.
ARTICLE X. AMENDMENTS:
These by-laws may be altered. amended or repealed. and new by-laws adopted by an affirmative
vote of a majority of the members of the Board at any regular meeting or at any special meeting
called for that purpose. Amendments shall become effective after approval by the City Council.
Item Number: 6.g.
46,, CITY OF IOWA CITY
� COUNCIL ACTION REPORT
September 6, 2022
Resolution adopting the by-laws of the Housing and Community
Development Commission and rescinding Resolution No. 17-94.
Prepared By: Susan Dulek, FirstAss't. City Attorney
Reviewed By: Geoff Fruin, City Manager
Brianna Thul, Planner
Erika Kubly, Neighborhood Services Coordinator
Fiscal Impact: none
Recommendations: Staff: Approval
Commission: HCDC recommended approval at its 7/28/22 meeting
Attachments: HCDC 6/23/22 minutes
HCDC 7/28/22 minutes (draft)
Rules Committee 8/30/22 minutes (draft)
Resolution
By-laws
Executive Summary:
HCDC by-laws provide membership should include at least one person with expertise in
construction and one in finance. HCDC would also benefit from having at least one person with
expertise in nonprofit management. These categories are preferences, not requirements, for
appointment. Additionally appointments to HCDC should take into consideration various racial,
cultural, social, and economic groups in the City. HCDC and the Council Rules Committee have
approved these amendments to the by-laws.
Background /Analysis:
ATTACHMENTS:
Description
Minutes HCDC 6/23/22
Minutes HCDC 7/28/22 (draft)
Rules Committee minutes 8-30-22
Resolution
redlined by-laws
Housing and Community Development Commission
June 23, 2022
Page 5 of 9
Vogel noted that's a great question to ask the people who put the plan together which was not this
Commission.
Krotz agrees, they come back to all the time the word affordable and that is so subjective in itself, there
are many people who don't make enough money to be able to afford the fair market rent which is what
HUD puts out and so many landlords who have obtained tax financing for their buildings and then in
return they have so many low-income units but if they put it at the fair market rental rate, which right now
is $803, there's still a lot of people who can't pay that.
Vogel did acknowledge if one goes through this whole packet they did get input from the home builders
association, they did get ICAR input, and there is a lot of discussion about exactly what Slocum is talking
about like putting money into "age -in" properties for people who want to be able to stay and how they
make those changes so they don't have to get pushed out because now they need handicap. There are a
lot of discussion about that and recommendations made to Council in the packet for development
recommendations that address those issues as well as getting rid of that affordable housing location
model that says they can only build in these specific spots and making some allowances for additional
dwelling units (ADUs) which right now Iowa City has a very restrictive policy but that is addressed in the
packet.
REVIEW BY-LAWS AND DISCUSS PROPOSAL TO REQUIRE AN HCDC MEMBER WITH
NONPROFIT MANAGEMENT EXPERIENCE:
Drabek noted this is a discussion of adding a potential amendment to Article 4 Section B which is the
list of um requirements for members of this Commission. They can't vote on it yet because it has to
appear on two agendas, so this is the first discussion.
Reedus reiterated this is regarding Article 4 Section B, membership, where it talks about the specific
appointments of individuals and when possible at least one person with the expertise in finance, expertise
in construction, one person who receives rental assistance, and she thought she had seen something
else where they wanted somebody like Vogel with a background in housing, which she finds helpful and
has learned actually quite a bit. This was last amended in 2017, which was about five years ago, and her
suggestion is for the Commission to consider adding a person with non-profit management experience.
Reedus thinks it's helpful to have somebody with a non-profit background on here because there are
unique circumstances and learning that somebody has with a non-profit and a lot of the work is in terms
of making decisions about non-profit budgets and funding approvals.
Reedus also wanted to point out when they did emergency agency awards one of her big questions was
with regard to the lack of submission of any funding from other municipalities or other sources and it
looked like a hundred percent of the funds were going to come from Iowa City to do work in Johnson
County and it was something she could easily identify because she had done so many applications over
the years. And that's why she feels it's helpful having somebody from non-profit management
experience, who's written funding requests, to be here to give a different perspective.
Krotz agrees with Reedus that this would be very beneficial to this Commission to have that kind of
expertise because a non-profit person does have a special understanding of all the inner workings and
day-to-day things of non -profits and can take a look at things in a more unique way such as what the
strengths are in terms of completing projects that they're applying for funding.
Marilla-Kapp asked when the agencies are applying, especially the emerging agencies, how much
support the Commission or the staff gives those applicants in the application process in terms of grant
application fluency, a lot of folks don't have the capacity to submit the best grant application but do have
the capacity to do the project that they're proposing. If this Commission offers support of that kind to
prospective applicants she thinks having folks with that experience in support roles for prospective
applicants could be great.
5
Housing and Community Development Commission
June 23, 2022
Page 6 of 9
Reedus stated the Commission does not give that support, nor is there much support in the community
either, they used to do some leadership trainings five or six years ago but that went away. She thought
Community Foundation was going to do some training surrounding grant applications. However, being on
the other side now, making decisions, she isn't bothered by lack of information on applications, she will
just ask questions, and she doesn't believe the agencies feel like that, they get an opportunity to speak to
the Commission.
Dennis noted staff also offers training before the CDBG/HOME applications are due. Kubly confirmed but
noted not for Aid to Agencies because that's through the joint funding process, but for the other programs
staff does a workshop or an orientation. Dennis doesn't think it would be the role of the Commission to
provide support on application preparation and then decide who's going to get the money because that's
sort of thing that can get muddy.
Vogel stated if they are going to add in a clause of "whenever possible have someone from the non-profit
sector" can they also add "when possible a member shall come from the private residential property
management side". Others agreed that would be a good addition as well.
Drabek noted if they are looking for categories one that jumped out to him is an immigrant seat on the
Commission as a group he would include.
Reedus said that can be brought up as she wants to also discuss Section A of the bylaws, diversity.
Vogel noted that part of this Commission's responsibilities as well is to go over those regularly and make
recommendations to the public housing authority and community development division and to
recommend to City Council from time -to -time amendments, supplements, or changes and modifications to
the Iowa City Housing Code, which is what he is dealing with on a daily basis as a residential property
manager. Whether it's how many square feet of occupancy they need or how many parking spaces they
have in order to get four people in a house versus three or how many times a year houses with more than
four units get inspected, why is it every two years but if a duplex or a single-family property now has
inspections every year. These types of discussions all tie into affordability, landlords who have seen their
inspection costs double in the last three years will raise their rents. Also when talking about building
properties, it's way easier to build it in Coralville because they inspect the place once and then don't show
up again unless there's a complaint.
Dennis suggested they change it to "when possible a property manager" it doesn't have to be private
sector. Vogel would be fine with just using the phrase property management.
Krotz just wanted to point out with regards to inspections, the low-income renters, especially the lowest
lowest of the income, won't make a complaint because they need their housing and if they complain the
chance of retaliation is very high and so a lot of times renters won't complain about something even if it's
a really major issue. Vogel wasn't suggesting changing to only inspecting when there are complaints, he
was pointing out that up until two years ago every property in Iowa City was on an every two year
inspection schedule and then two years ago they switched to single family and duplex being every year
so there is an issue of increased cost, increased manpower, especially for those in the property
management, and having to raise fees which causes rents to be raised due to the additional time and
work which then has an effect on affordable housing.
Reedus wanted to move onto a conversation that was had post -meeting with staff where she thought she
had read someplace that there was reimbursements for expenses like parking or something like that. The
section she is questioning is: all members shall be qualified electors in the City of Iowa City and shall
serve as such without compensation but shall be entitled to necessary expenses including travel
expenses incurred in the discharge of their duties so to her that could include parking and
accommodating individuals. If they wish to have a diverse population, they may have a language barrier,
a transportation barrier, childcare barrier and she thinks the City should be encouraging people of all
diversity and any individual to participate in the commission process and the City would help with any
accommodations that they would need that might preclude them being on the commission. Therefore,
6
Housing and Community Development Commission
June 23, 2022
Page 7 of 9
Reedus thought that maybe they could make a statement about promoting diversity and inclusion of
individuals with different kinds of backgrounds, whether that's race or ethnicity or even just a single mom
who needs childcare assistance. Is this something other commissions do.
Kubly stated this came up with the Truth and Reconciliation Commission and did go to Council and they
opted not to provide funding. Reedus stated that was a totally different issue, they wanted to be paid a
salary and she is suggesting something entirely different and thinks the City should be doing this
Commission -wide city-wide. It would be helpful if somebody doesn't have transportation and has to take
a bus but can't afford the bus fare, why can't the City reimburse for that.
Thul think the City may do that and can look into it. Reedus asked if they can extend that to other things.
Dennis points out the language does state necessary expenses including travel expenses so the current
language would allow for it. Thul is unsure about other expenses but in the time that she's been here
there were discussions of City provided reimbursement for a bus ticket or similar. Reedus would like it to
be better spelled out if it's beyond just travel expenses and that's where that inclusion comes in.
Thul will take information based on the discussion today and flesh out something for next month's agenda
packet to discuss and vote on, she can also get some details on any travel reimbursement info and bring
that to the next meeting.
Dennis next wanted to discuss Article 4 Section F of the bylaws. Because she was appointed to the
committee to fill an unexpired term it states: in such manner that the appointee shall continue in the
position not only through the unexpired term but also through a subsequent regular term but she had to
reapply. Thul believes Council tries to give preference to people that didn't get a full term. Dennis notes
the language makes it sound like she didn't have to reapply. Kubly stated that Council has the discretion.
IOWA CITY COUNCIL MEETINGS UPDATES:
Marilla-Kapp reviewed last month's Council meetings starting with the June 6th meeting where there was
a lot of the public comment was about the recent video circulating of the ICPD using force on a young
woman. Marilla-Kapp noted she thinks this is connected to the Commission's work in so far as
houselessness and rapid development of certain kinds gentrification are linked to over policing. Councilor
Bergus was the only member of Council to address the incident and to remind the Council of their
commitment in the summer of 2020 to change the equation regarding law enforcement funding relative to
social services funding in the community which directly impacts activities here. Council also mentioned in
that meeting that inflation is hitting City projects including those relevant to this committee,
Escucha Mievos talked about their constituents' experiences accessing direct payments funded in part by
City ARPA funds and barriers to completion of the application. Marilla-Kapp suspects that some of that
direct payment did go to housing for folks experiencing housing insecurity. City Council voted to deny the
Catholic Worker House a social and racial equity grant for a Spanish language newsletter and education
around political engagement. Marilla-Kapp explained the Catholic Worker House serves folks
experiencing houselessness and are now offering showers and food and also coordinate protective
accompaniments for those facing deportation defense and basic needs like food and rental assistance.
The second meeting Marilla-Kapp reviewed was Tuesday June 21St and much of the public comment was
around preservation of the Robert E Lee pool which is related to this Commission's work in that it's helpful
to consider what kinds of public amenities will or won't exist in neighborhoods where new affordable
housing is being developed. Similarly there were discussions around the bike and pedestrian trail along
Highway 6 in southeast Iowa City and connectivity there for modes of transportation other than vehicles.
Then there were several items related to approval of the FY23 Annual Action Plan part of City Steps
2025 and the City passed resolutions based on this Commission's recommendations for FY2023 CDBG
and HOME projects as well as FY23 Aid to Agencies. Council members had questions about why there
are so few applications for the emerging Aid to Agencies grants which were answered by staff who noted
that adjusted for inflation these programs have lost funding over the years and showed a graph about
trends and funding for these programs. Council concluded noting it will be a difficult upcoming budgeting
7
MINUTES PRELIMINARY
HOUSING AND COMMUNITY DEVELOPMENT COMMISSION
JULY 28, 2022 — 6:30 PM
FORMAL MEETING
THE CENTER ASSEMBLY ROOM
MEMBERS PRESENT: Kaleb Beining, Maryann Dennis, Jennifer Haylett, Elizabeth Marilla-Kapp,
Nasr Mohammed, Becci Reedus
MEMBERS ABSENT: Karol Krotz, Kyle Vogel
STAFF PRESENT: Erica Kubly, Brianna Thul
OTHERS PRESENT:
RECOMMENDATIONS TO CITY COUNCIL:
By a vote of 6-0 the Commission recommends Council increase United Action for Youth funding from
$30,000 to $45,000 with the $15,000 increase coming from the HOME -ARP reserve funds.
By a vote of 6-0 the Commission recommends Council approve the HOME -ARP Allocation Plan with the
$15,000 increase for United Action for Youth.
By a vote of 6-0 the Commission recommends approval of the FY24 Aid to Agencies Application
Materials with the understanding that requested changes to Form A and Form B will be sent to United
Way.
By a vote of 6-0 the Commission recommends approval of the ICHA Annual Plan to Council.
By a vote of 6-0 the Commission recommends Council approve the amendment to the HCDC By -Laws as
written in agenda item #9 with the addition that "nonprofit experience" be changed to "nonprofit
management experience".
CALL MEETING TO ORDER:
Beining called the meeting to order at 6:30 PM.
CONSIDERATION OF MEETING MINUTES: JUNE 23, 2022:
Dennis moved to approve the minutes of June 23, 2022. Mohammed seconded the motion. A vote was
taken and the minutes were approved 6-0.
PUBLIC COMMENT FOR TOPICS NOT ON THE AGENDA:
None.
WELCOME NEW MEMBERS:
Beining welcomed new member Haylett. Haylett noted she has lived in Iowa City for 8 years and she is
an associate professor of instruction in the department of sociology and criminology.
Housing and Community Development Commission
July 28, 2022
Page 7 of 8
saw one recently that was like $55,000 which was really impressive. They also have a homeownership
program so people who have a voucher and meet certain criteria and are in a position they could convert
their voucher to homeownership, they've done 48 of those since 2003. The housing assistance payments
which are the monthly rent payments that go to landlords, they're expecting that to be about $8.3 million
for the calendar year 2022. The total housing choice voucher program is almost $9.7 million for the year
and then our public housing program is about $634,000.
Marilla-Kapp moved to recommend approval of the ICHA Annual Plan to Council. Dennis
seconded the motion, a vote was taken and the motion passed 6-0.
CONSIDER RECOMMENDATION TO CITY COUNCIL ON APPROVAL OF HCDC BY-LAWS
AMENDMENT:
Beining noted this item was based on discussion at the June meeting motion to recommend that Council
approve the amendment to the HCDC bylaws with the inclusion of the non-profit management
experience.
Thul noted that Krotz was not available to meet tonight, but that she passed her comments to staff. Krotz
felt that the "nonprofit experience" requirement should be changed to "nonprofit management
experience." Reedus agrees with that and wanted to ask about encouraging diversity in appointments.
Thul explained that all boards and commissions use the same application so if HCDC were to make
additional statements like some of what was discussed at the last meeting, then they would need to ask
additional questions on the application. For example, encouraging diversity in familial status was
mentioned, but the application doesn't necessarily collect that information. The language suggested was
drawn from the Human Rights Commission as a template.
Reedus moved to recommend that Council approve the amendment to the HCDC By -Laws as
written in agenda item #9 with the addition that "nonprofit experience" be changed to "nonprofit
management experience". Seconded by Dennis. A vote was taken and the motion passed 6-0.
STAFF & COMMISSION UPDATES:
Thul noted that there will not be an August meeting. By the September meeting, staff should have the
Legacy submissions in then. In September they will also review the CAPER.
Thul explained at the last meeting Commission members brought up travel reimbursements for board and
commissions and staff dug into that. Staff learned that in the past, the City has reimbursed for things like
events or trainings that are directly related to the work of the commission. At one point the Truth and
Reconciliation Commission did make a recommendation to Council to do more reimbursements for things
like childcare. Staff can put this on a future agenda if this Commission wants to do something similar and
make a recommendation to Council, but the decision is ultimately up to Council.
Finally, Thul noted there is another vacancy on HCDC because one of the new commission members
resigned due to employment at the City so that vacancy is reposted.
ADJOURNMENT:
Dennis moved to adjourn, Reedus seconded the motion, a vote was taken and the motion passed 6-0.
7
BY-LAWS
ARTICLE 1 THE COMMISSION
Section A. The name of the Commission is the Housing and Community Development Commission
of Iowa City, Iowa, as established by Resolution No. 95-199 of the City Council of Iowa City,
Iowa, pursuant to Chapter 403A, Code of Iowa (1995).
ARTICLE 2 PURPOSE
Section A. The purpose of the Commission is to assess Iowa City's community development needs
for housing, jobs, and services for low and moderate income residents, and to promote public and
private efforts to meet such needs.
ARTICLE 3 DUTIES
Section A. Duties of the Commission shall include: 1) assess and review policies and planning
documents related to the provision of housing, jobs, and services, for low and moderate income
residents of Iowa City; 2) review policies and programs of the Public Housing Authority and
Community Development Division and make recommendations regarding the same to the City
Council; 3) review and make recommendations to the City Council regarding the use of public
funds to meet the needs of low and moderate income residents; 4) actively publicize community
development and housing policies and programs, and seek public participation in assessing needs
and identifying strategies to meet these needs; 5) recommend to the City Council from time to time
amendments, supplements, changes, and modifications to the Iowa City Housing Code.
ARTICLE 4 MEMBERSHIP
Section A. The Housing and Community Development Commission shall consist of nine (9)
members appointed by the City Council of Iowa City. All members shall be qualified electors of
the City of Iowa City, Iowa, and shall serve as such without compensation but shall be entitled to
the necessary expenses, including traveling expenses incurred in the discharge of their duties.
Section B. In order to satisfy the purpose and intent of this citizen commission, when possible, at
least one person shall be appointed to the Housing and Community Development Commission with
expertise in construction, and at least one person with expertise in finance..-, at least one person with
nonprofit management experience, at least one person with property management experience, and
at least In addition, when possible, the Commission shall include one person who receives rental
assistance. Appointments shall take into consideration persons of various racial, religious, cultural,
social, and economic groups in the city.
Section C. The term of office for each member shall be three (3) years. In order to ensure a
staggered turnover, initial appointments shall be three (3) members for each of one, two, and three
years respectively.
Section D. The Chairperson and Vice -Chairperson will be elected annually (in July) from the
Commission membership. The Chairperson shall, when present, preside at all meetings, appoint
sub -committees with the approval of the Commission, call special meetings and in general perform
all duties included in the office of a Chairperson and such other duties as may be prescribed by the
members from time to time. The Vice -Chairperson shall take over the above duties of the
Chairperson in the event of the Chairperson's absence.
Section E. Three (3) consecutive, unexplained absences of a member from regular meetings will
result in a recommendation to the City Council from the Commission to discharge said member
and appoint a new member.
Section F. If a position becomes vacant by reason of resignation or otherwise and results in an
unexpired term the Council may choose to fill the unexpired term in such a manner that the
appointee shall continue in the position not only through the unexpired term but also through a
subsequent regular term.
ARTICLE 5 MEETINGS
Section A. Meetings of this Commission shall be on a regular monthly basis. A meeting date and
time will be established by the Commission. A regular meeting may be cancelled if no urgent
business requires a meeting.
Section B. Special meetings of the Commission may be called by the Chairperson and shall be
called by the Chairperson at the request of a majority ofthe membership.
Section C. Meetings shall be held in an accessible, public meeting place. Notices of meetings
(agenda) for all regular and special meetings shall be posted and distributed to members and the
media at least 24 hours before any meeting is held. All provisions of the State Open Meeting Law
shall be followed. The Chairperson or a designated representative, together with appropriate
members of the City staff shall prepare an agenda for all meetings. Agendas shall be sent to
Commission members at least three (3) days prior to the regular meetings.
Section D. A majority of the members of the Commission (five or more) shall constitute a quorum
of any meeting and the majority of votes cast at any meeting, at which a quorum is present, shall
be decisive of any motion or election.
Section E. There shall be no vote by proxy.
Section F. Time shall be made available during all regular meetings for open public discussion.
Section G. Minutes of all meetings shall be prepared and distributed to the City Council within
three (3) weeks of the meeting in the manner prescribed by the Council. Minutes of all regular and
special meetings will be mailed to all the Commission members during the week prior to the next
meeting. Specific recommendations for the Council shall be set off from the main body of the
minutes.
ARTICLE 6 AMENDMENTS
Section A. The By -Laws of the Commission shall be amended only with the approval of at least a
majority of the Commission (at least five votes) at a regular meeting or a special meeting.
Section B. Policy changes or By -Law changes may be adopted at the meeting following the
meeting at which open discussion was conducted on the specific changes.
Prepared by: Susan Dulek, First Asst City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030
Resolution No. 22-214
Resolution adopting the by-laws of the Housing and Community
Development Commission and rescinding Resolution No. 17-94.
Whereas, the by-laws of the Housing and Community Development Commission (HCDC)
provide membership should include at least one person with expertise in construction and one
in finance; and
Whereas, HCDC would benefit from having at least one person with expertise in nonprofit
management and one person with expertise in property management; and
Whereas, additionally appointments to HCDC should take into consideration various racial,
cultural, social, and economic groups in the City; and
Whereas, HCDC approved amendments to the by-laws at its meeting on July 28, 2022, but they
are not effective until approved by the City Council; and
Whereas, the Council Rules Committee has reviewed the proposed amendments to the by-laws
and has recommended adoption; and
Whereas, the current by-laws were approved in Resolution No. 17-94.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that:
1. The attached by-laws of the Housing and Community Development Commission are
approved and adopted by the City Council.
2. Resolution No. 17-94 is rescinded.
Passed and approved this 6th day ofpptemhPr , 2022.
Attest:
City CIrk
Approved By:
City Attor -y's Office
(Sue Dulek - 08/31/2022)
Resolution No. 22-214
Page 2
It was moved by Taylor
and seconded by Weiner
the Resolution be adopted, and upon roll call there were:
Ayes: Nays: Absent:
X Alter
— Bergus
Harmsen
x Taylor
X Teague
X
x Thomas
x Weiner
BY-LAWS
ARTICLE 1 THE COMMISSION
Section A. The name of the Commission is the Housing and Community Development Commission
of Iowa City, Iowa, as established by Resolution No. 95-199 of the City Council of Iowa City,
Iowa, pursuant to Chapter 403A, Code of Iowa (1995).
ARTICLE 2 PURPOSE
Section A. The purpose of the Commission is to assess Iowa City's community development needs
for housing, jobs, and services for low and moderate income residents, and to promote public and
private efforts to meet such needs.
ARTICLE 3 DUTIES
Section A. Duties of the Commission shall include: 1) assess and review policies and planning
documents related to the provision of housing, jobs, and services, for low and moderate income
residents of Iowa City; 2) review policies and programs of the Public Housing Authority and
Community Development Division and make recommendations regarding the same to the City
Council; 3) review and make recommendations to the City Council regarding the use of public
funds to meet the needs of low and moderate income residents; 4) actively publicize community
development and housing policies and programs, and seek public participation in assessing needs
and identifying strategies to meet these needs; 5) recommend to the City Council from time to time
amendments, supplements, changes, and modifications to the Iowa City Housing Code.
ARTICLE 4 MEMBERSHIP
Section A. The Housing and Community Development Commission shall consist of nine (9)
members appointed by the City Council of Iowa City. All members shall be qualified electors of
the City of Iowa City, Iowa, and shall serve as such without compensation but shall be entitled to
the necessary expenses, including traveling expenses incurred in the discharge of their duties.
Section B. In order to satisfy the purpose and intent of this commission, when possible, at least one
person shall be appointed to the Housing and Community Development Commission with expertise
in construction, at least one person with expertise in finance, at least one person with nonprofit
management experience, at least one person with property management experience, and at least
one person who receives rental assistance. Appointments shall take into consideration persons of
various racial, religious, cultural, social, and economic groups in the city.
Section C. The term of office for each member shall be three (3) years. In order to ensure a
staggered turnover, initial appointments shall be three (3) members for each of one, two, and three
years respectively.
Section D. The Chairperson and Vice -Chairperson will be elected annually (in July) from the
Commission membership. The Chairperson shall, when present, preside at all meetings, appoint
sub -committees with the approval of the Commission, call special meetings and in general perform
all duties included in the office of a Chairperson and such other duties as may be prescribed by the
members from time to time. The Vice -Chairperson shall take over the above duties of the
Chairperson in the event of the Chairperson's absence.
Section E. Three (3) consecutive, unexplained absences of a member from regular meetings will
result in a recommendation to the City Council from the Commission to discharge said member
and appoint a new member.
Section F. If a position becomes vacant by reason of resignation or otherwise and results in an
unexpired term the Council may choose to fill the unexpired term in such a manner that the
appointee shall continue in the position not only through the unexpired term but also through a
subsequent regular term.
ARTICLE 5 MEETINGS
Section A. Meetings of this Commission shall be on a regular monthly basis. A meeting date and
time will be established by the Commission. A regular meeting may be cancelled if no urgent
business requires a meeting.
Section B. Special meetings of the Commission may be called by the Chairperson and shall be
called by the Chairperson at the request of a majority of the membership.
Section C. Meetings shall be held in an accessible, public meeting place. Notices of meetings
(agenda) for all regular and special meetings shall be posted and distributed to members and the
media at least 24 hours before any meeting is held. All provisions of the State Open Meeting Law
shall be followed. The Chairperson or a designated representative, together with appropriate
members of the City staff shall prepare an agenda for all meetings. Agendas shall be sent to
Commission members at least three (3) days prior to the regular meetings.
Section D. A majority of the members of the Commission (five or more) shall constitute a quorum
of any meeting and the majority of votes cast at any meeting, at which a quorum is present, shall
be decisive of any motion or election.
Section E. There shall be no vote by proxy.
Section F. Time shall be made available during all regular meetings for open public discussion.
Section G. Minutes of all meetings shall be prepared and distributed to the City Council within
three (3) weeks of the meeting in the manner prescribed by the Council. Minutes of all regular and
special meetings will be mailed to all the Commission members during the week prior to the next
meeting. Specific recommendations for the Council shall be set off from the main body of the
minutes.
ARTICLE 6 AMENDMENTS
Section A. The By -Laws of the Commission shall be amended only with the approval of at least a
majority of the Commission (at least five votes) at a regular meeting or a special meeting.
Section B. Policy changes or By -Law changes may be adopted at the meeting following the
meeting at which open discussion was conducted on the specific changes.
Item Number: 6.h.
4CITY OF IOWA CITY
!kr4gi,'��� COUNCIL ACTION REPORT
September 6, 2022
Resolution approving a Memorandum of Understanding with the University of
Iowa to share the expense of utility improvements at the intersection of
Clinton and Church Streets in Iowa City.
Prepared By: Marri VanDyke, Civil Engineer
Reviewed By: Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact: $77,675 available in the Annual Sewer Main Replacement account #V3101
and Water Operations account #73730130.
Recommendations: Staff: Approval
Commission: N/A
Attachments: Resolution
Memorandum of Understanding
Executive Summary:
This resolution authorizes the Mayor to execute the Memorandum of Understanding between the
City of Iowa City and the University of Iowa detailing the responsibilities of both parties regarding
public utility improvements related to the University's Non-fiction Writing Program Project.
Background /Analysis:
The University is undertaking the construction of a building located at the SE corner of the
intersection of Clinton and Church Streets in Iowa City, referred to as the "Non-fiction Writing
Program Project." New water and sanitary sewer installations are required in order to service the
building.
The City owns water main and sanitary sewer main in the same area which are in need of
improvement. The improvement of these existing utilities would be mutually beneficial to the City
and University, and they would be best performed as part of the University's project to improve
cost efficiency and to limit disturbance of the street infrastructure.
The University has agreed to include the City improvements as part of their project in exchange for
reimbursement from the City for said work. A Memorandum of Understanding has been negotiated
to address each party's responsibilities related to the utility improvements. The agreed upon
reimbursement amount is $16,222 for wastewater improvements (account #V3101) and $61,453
for water improvements (account #73730130) for a total cost of $77,675.
ATTACHMENTS:
Description
Resolution
Memorandum of Understanding
Prepared by: Marri VanDyke, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319) 356-5044
Resolution No. 22-215
Resolution approving a Memorandum of Understanding with the
University of Iowa to share the expense of utility improvements
at the intersection of Clinton and Church Streets in Iowa City.
Whereas, the University is undertaking the construction of a building located at the SE corner of
the intersection of Clinton and Church Streets in Iowa City, bearing parcel addresses of 530 N.
Clinton St. and 111 Church St., entitled the "Non-fiction Writing Program Project; and
Whereas, installation of new utilities is required to service the above-mentioned building; and
Whereas, Iowa City owns certain utility infrastructure (water main, sanitary sewer, etc.) in the area
of the Project which is in need of improvement ("City Improvements"); and
Whereas, the City Improvements would best be performed as part of the University's Project to
increase cost efficiency and to limit disturbance of the street infrastructure to the single Project;
and
Whereas, the City Improvements would be mutually beneficial to the University and Iowa City; and
Whereas, the University and City have negotiated a Memorandum of Understanding (MOU) to
address each party's responsibilities related to the utility improvements; and
Whereas, said MOU requires Council approval; and
Whereas, it is in the best interest of the City to approve the attached MOU.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
1. City Council for the City of Iowa City hereby approves said Memorandum of
Understanding with the University of Iowa as being in the best interest of the City of
Iowa City and members of the public, and ratifies said MOU.
2. The Mayor is herby authorized to execute, and the City Clerk to attest, the attached MOU,
in duplicate, subject to the approval of the City Attorney's Office.
Passed and approved this 6th
Attest: !%L.;4;
City Clerk
day of
M
, 2022
Approved by
City Attorney' Office 08/30/2022
Resolution No. 22-215
Page 2
It was moved by Taylor and seconded by Weiner
adopted, and upon roll call there were:
Ayes: Nays: Absent:
x Alter
x Bergus
x Harmsen
x Taylor
x Teague
x Thomas
x Weiner
the Resolution be
Memorandum of Understanding
Between
The City of Iowa City and
The University of Iowa
Re: Cost Sharing for the Non -Fiction Writing Program Project
This Memorandum of Understanding ("MOU") is entered into as of August 16, 2022, by and
between the City of Iowa City ("Iowa City") and the University of Iowa ("University"), jointly
referred to as "the Parties."
Whereas, the University owns substantial property within Iowa City; and
Whereas, the University is undertaking the construction of a building located at the SE corner of
the intersection of Clinton and Church Streets in Iowa City, bearing parcel addresses of 530 N.
Clinton St. and 1 1 1 Church St., entitled the "Non-fiction Writing Program Project" ("Project"); and
Whereas, installation of new utilities is required to service the above-mentioned building; and
Whereas, Iowa City owns certain utility infrastructure (water main, sanitary sewer, etc.) in the
area of the Project which is in need of improvement ("City Improvements"); and
Whereas, the City Improvements would best be performed as part of the University's Project to
increase cost efficiency and to limit disturbance of the street infrastructure to the single Project;
and
Whereas, the City Improvements would be mutually beneficial to the University and Iowa City;
and
Whereas, the University has agreed to include the City Improvements as pad of its Project in
exchange for Iowa City reimbursing the University for said work, which work is described below;
and
Whereas, the Parties agree that the reimbursement amount is $16,222 for the wastewater
improvements, and $61,453 for the water improvements, for a total of $77,675.
Now, therefore, the Parties mutually agree to participate in the Project as follows:
University of Iowa Responsibilities:
• Procure all work for the City Improvements through a competitive process consistent with
State law. Said City Improvements are detailed in Exhibit "A", attached and incorporated herein
by this reference.
• Provide construction observation, oversight, and inspection, as well as contract administration,
on the Project.
• Notify the Iowa City Engineer, or designee, when work on the City Improvements will be
undertaken such that Iowa City will have the opportunity to oversee and inspect that work.
• Not issue or approve any change orders with respect to the City Improvements without prior
written approval (email satisfies this provision) of the Iowa City Engineer, or designee.
• Not accept or approve work on the City Improvements until approved by the Iowa City
Engineer, or designee.
• Not authorize monthly progress payments to the Contractor related to the City Improvements
until approved by the Iowa City Engineer, or designee.
• Make reimbursement requests to Iowa City, as the University makes periodic and final
payments to the Contractor for the City Improvements, which shall include documentation of the
actual amounts paid to the Contractor for the City Improvements.
• Notify the Iowa City Engineer, or designee when the work on the Project is ready to be
accepted and approved, and include the Iowa City Engineer, or designee, in a joint final walk-
through and creation of punch list items.
• In the event the Contractor does not complete all work by the completion date noted in the
plans and specifications, the University shall employ all options and remedies available under
Iowa law and the provisions set forth in its contract with the Contractor, including retaining
another contractor to finish the work at the expense of the Contractor or the University, such
that lowa City will remain responsible only for paying for the City Improvements.
• Provide to Iowa City 5 -year maintenance bonds from the Contractor for the sanitary sewer
system and for the water main system portions of the City Improvements.
Iowa City Responsibilities:
• Reimburse the University for the cost of constructing the City Improvements, which shall be
determined as $16,222 for the wastewater improvements, and $61,453 for the water
improvements, for a total of $77,675, subject to any change orders approved by Iowa City. Said
amount shall be payable in periodic installments upon request from the University as the City
Improvements are constructed and the University pays invoices to the Contractor for said work.
The final reimbursement shall be paid by Iowa City to the University upon final acceptance of
the Project by both Iowa City and the University, release of any retainer by the University, and
submission of evidence demonstrating final payment was made to the Contractor for the City
Improvements.
• Notwithstanding the above. Iowa City will not be obligated to reimburse the University unless
and until occurrence of the following:
o The Iowa City City Engineer, or designee, has approved in writing all change orders
with respect to work on the City Improvements, if needed, which approval shall not be
unreasonably withheld; and
o The Iowa City City Engineer. or designee, has approved the Contractors monthly
progress payment requests with respect to work on the City Improvements; and
o The University has provided Iowa City with proof of payment to the Contractor related
to the City Improvements.
• Provide the University with all noted reimbursements within 30 days after receipt of the
reimbursement request and documentation described above.
• Oversee and inspect work on the City Improvements.
Approved and agreed to as of August 16, 2022.
City of Iowa City of Iowa City:
Irr ity Mayor Bruce Teague.
Approved as to form and content:
ity Attorney, Eric Goers
University of Iowa:
(ter --
Dail Kieft, Univerit 'Ausiness Manager
Attest:
Kellie Fruehling, i Clerk
Exhibit "A"
The following items constitute the City Improvements, all of which are the subject work of the
agreement.
Wastewater infrastructure improvements:
1. Remove alley pavement for connection to the existing manhole
2. Core bore into the existing manhole
3. Install approximately 33 LF of 8" PVC truss pipe complete with bedding
4. Install one new manhole according to CIC specifications
S. Backfill and compact granular material only for areas disturbed by the sanitary sewer extension
to the end of the alley
Water infrastructure improvements:
1. Bore approximately 233 LF of 8" PVC Certalok
2. Abandon approximately 62 LF of existing water main
3. Salvage existing hydrant on Clinton Street to the City, install new hydrant
4. Make north and south connections to City water main
5. Complete all bacteria and pressure testing
Item Number: 6.i.
46,, CITY OF IOWA CITY
� COUNCIL ACTION REPORT
September 6, 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
Snyder & Associates, Inc. to provide engineering consultant services for the
2023 Park Renovations Project.
Prepared By: Marri Van Dyke, Civil Engineer
Reviewed By: Juli Seydell-Johnson, Parks and Recreation Director
Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact: $64,500 available in the Kiwanis Park Playground & Shelter Renovation
account #R4359 and the Hunter's Run Park Playground & Shelter account
#R4375
Recommendations: Staff: Approval
Commission: N/A
Attachments: Resolution
Agreement
Executive Summary:
This agenda item approves the consultant agreement with Snyder & Associates, Inc. of Iowa City,
Iowa, for services related to the 2023 Park Renovations Project. The project includes
replacement of the playground and shelter and consideration of new accessible trails at both
Kiwanis Park and Hunter's Run Park. The consultant agreement includes full design and
construction phase services.
Background /Analysis:
Kiwanis Park playground was installed in 1999. The 2017 Park Master Plan prioritizes renovation
of the nature play area, shelter, and accessible paths.
Renovations at Hunter's Run Park are also prioritized in the 2017 Park Master Plan based on the
age and condition of current structures.
The City issued a Request for Qualifications to provide on-call professional and design services
for calendar years 2020 through 2022. Submittals were received from consulting firms and
evaluated by a selection committee. Consultants were evaluated based on qualifications and
project specific criteria such as project approach, regulatory process experience, key personnel,
schedule, and price. Based on these qualifications, Snyder & Associates, Inc. has been selected
for the 2023 Park Renovations Project.
ATTACHMENTS:
Description
Resolution
Agreement
Prepared by: Marri VanDyke, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319) 356-5044
Resolution No. 22-216
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 Snyder & Associates, Inc. to
provide engineering consultant services for the 2023 Park
Renovations Project.
Whereas, the City of Iowa City desires to make improvements to Kiwanis Park and Hunter's Run
Park; and
Whereas, the project will include updating the playground, shelter, and access paths for both
parks; and
Whereas, the City of Iowa City desires the services of a consulting firm to prepare preliminary and
final design for construction of the 2023 Park Renovations Project; and
Whereas; the City issued a Request for Qualifications (RFQL) for On -Call Professional and
Design Services for calendar years 2020 through 2022; and
Whereas, Submittals were received from consulting firms and evaluated by a selection committee;
and
Whereas, Consultant was selected based on qualifications and project specific criteria such as
project approach, regulatory process experience, key personnel, schedule and price; and
Whereas, the City of Iowa City has negotiated an Agreement for said consulting services with
Snyder & Associates, Inc., to provide said services; and
Whereas, it is in the public interest to enter into said Consultant Agreement with Snyder &
Associates, Inc.; and
Whereas, funds for this project are available in the Kiwanis Park Playground & Shelter Renovation
account #R4359, and the Hunter's Run Park Playground & Shelter account #R4375.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
1. The Consultant Agreement attached hereto is in the public interest, and is approved as to
form and content.
2. The Mayor and City Clerk are hereby authorized and directed to execute the attached
Consultant Agreement.
3. The City Manager is authorized to execute amendments to the Consultant Agreement as
they may become necessary.
Passed and approved this 6th day of sQpLemher
, 2022
/A1 -2-
Qa
Resolution No. 22-216
Page 2
Attest: 0-•
kkJL_
City Clerk
It was moved by Taylor
Approved b
City Attorney' Office
(Sara Greenwood Hektoen — 08/26/2022
and seconded by Weiner
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
Consultant Agreement
September
This Agreement, made and entered into this 6th day of Augrrstt-2022, by and between the City
of Iowa City, a municipal corporation, hereinafter referred to as the City and Snyder & Associates,
Inc., of Iowa City, Iowa, hereinafter referred to as the Consultant.
Whereas, the City desires the services of a qualified firm to provide Engineering and Landscape
Architectural Services for the 2023 Park Renovations Project, hereinafter referred to as the
Project; and
Whereas, the Project involves making improvements at Kiwanis Park and Hunter's Run Park, as
recommended in the 2017 Parks Master Plan at; and
Whereas the City issued a Request for Qualifications (RFQL) for On -Call Professional and Design
Services for calendar years 2020 through 2022; and
Whereas, Submittals were received from consulting firms and evaluated by a selection committee;
and
Whereas, Consultant was selected based on qualifications and project specific criteria such as
project approach, regulatory process experience, key personnel, schedule and price; and
Whereas, funds are available in the Kiwanis Park Playground & Shelter Renovation account
#R4359, and the Hunter's Run Park Playground & Shelter account #R4375.
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.
I. Project Description
The scope of work consists of two separate and distinct park sites that will be designed, bid and
constructed as one Project. The description for each park site is as follows:
A. Kiwanis Park Includes:
1. Replacement of existing nature play area with new nature play
components and design area.
2. Replacement of existing shelter.
3. Preservation of existing trees, existing boulders may be repurposed.
4. Consideration of new accessible trails and paths between park features.
B. Hunter's Run Park Includes:
1. Replacement of existing playground.
2. Replacement of existing shelter.
3 Consideration of new accessible trails and paths between park features.
11. Scope of Services
Consultant agrees to perform the following services for the City, and to do so in a timely and
satisfactory manner.
A. Basic Services
Page 1 of 10
1. Attend Project meetings, communicate, provide agenda, record, and
distribute meeting minutes to the members of the Project team, and report
progress to the City for the duration of the Project. Attend and facilitate
City review meetings following each submittal milestone (preliminary
concepts, 30%, 60%, 90% documents). Provide project management
including preparation and revisions of the Project schedule at each
submittal milestone.
B. Preliminary Evaluation
1. Facilitate a Project kickoff meeting including members of the Project team
to visit each site and review the scope, goals, and administrative details of
the Project.
2. Review the 2017 Gather Here Parks System Master Plan.
C. Design Phase
1. Provide topographic survey for each Project site.
2. Solicit play equipment proposals, specific to each site, from at least three
(3) providers using cooperative bid eligible equipment.
3. Develop up to three (3) preliminary concepts for each Project site, six (6)
total, for online public input. Review concepts with Project team and make
minor revisions as necessary prior to posting concepts publicly. The City
shall assist with webpage design and host on City website. Consultant shall
provide content including, but not limited to, drawings and renderings.
4. Attend and facilitate neighborhood meetings for each Project site. The City
shall schedule the meetings, provide the venue, and invite the
stakeholders. Consultant shall provide presentation materials including. but
not limited to, drawings and renderings.
5. Further develop and provide 30% complete plans, specifications and cost
opinion based on selected concepts. Americans with Disabilities Act (ADA)
compliance shall be demonstrated to be feasible on the 30% plans.
6. Provide 60% complete plans, specifications, and cost opinion. ADA
compliance shall be fully demonstrated on the 60% plans.
7 Provide 90% complete plans, specifications, cost opinion, draft stormwater
pollution prevention plan (SWPPP), and draft permit applications.
8. Present results of public input and design to Parks Commission.
9. Provide bidding documents. final cost opinion, SWPPP, and permit
applications.
D. Bidding and Negotiation Phase
1. Facilitate the distribution of bidding documents to prospective bidders.
Cost of bidding document expenses shall be by the City.
2. Organize and conduct a pre-bid conference; prepare agenda; record and
distribute meeting minutes for prospective bidders.
Page 2 of 10
3. Prepare responses to questions from prospective bidders and provide
clarifications and interpretations of the Bidding Documents to the
prospective bidders in the form of Addenda.
4. Assist with the opening of the bids, and subsequently documenting and
distributing the bidding results, as directed by the City.
5. Review bids and make a formal award recommendation to the City.
E. Construction Phase
1. Organize, create an agenda, and conduct a preconstruction conference.
Prepare and distribute meeting minutes.
2. Organize and conduct regular progress meetings. Prepare and distribute
meeting minutes; an average of one site meeting every other week of
construction for the duration of the Project.
3. Conduct regular site visits, at intervals appropriate to the stage of the
Contractor's operations, in order to:
a. Become generally familiar with and keep the Owner informed about
the progress and quality of the portion of the Work completed.
b. Determine in general if the Work is being performed in a manner
indicating that the Work, when fully completed will be in general
accordance with the Contract Documents.
4. Keep the City reasonably informed about the progress and quality of the
portion of the Work completed, and promptly report to the City:
a. Known deviations from the Contract Documents.
b. Known deviations from the most recent construction schedule
submitted by the Contractor.
c. Defects and deficiencies observed in the Work
5. Review Contractor submittals to check for conformity with the Contract
Documents.
6. Review and respond to requests for information about the Contract
Documents.
7 Review and issue Change Orders for the City's approval and execution as
required.
8. Review Contractor Pay Estimates and certify, that to the best of the
Consultant's knowledge, the Contractor is entitled to payment in the
amount certified.
9. Conduct a post construction review of the Work and issue punch list of
deficiencies and items to be completed.
10. Conduct a final review of the work after the contractor has notified
Consultant that they have completed the punch list.
F. Project Close Out
Page 3 of 10
1. Provide a formal letter indicating that the Work has been completed
according to the Contract Documents and recommend that the City accept
the Project.
2. Consultant shall prepare and provide Plans of Record, based on changes
to the Contract Documents and Contractor mark-ups, in electronic format
as follows:
a. One complete set of as -constructed Plans of Record shall be
provided in portable document format (pdf).
b. CAD files shall be in the most recent version of Autodesk AutoCAD.
If the files(s) have been translated from another CAD application it
should be noted as such.
c. Each plan sheet should be complete and ready to print.
d. Plot style files shall be included.
e. If applicable, include all file types used in the plan set; these may
include, but not be limited to, linked attachments such as images,
spreadsheets, and extemal reference drawings. Do not include any
Project data files or other documents not contained within the plan
set. If necessary, include a "Readme" document or any clarification
that may be required.
f. All drawing files that have externally referenced drawings shall be
inserted or bound into the drawing file.
g. All submittals shall include an explanation of the Consultant's CAD
layer scheme.
h. All drawing files shall have the correct layer scheme in place.
G. Services Not Included:
1. Environmental services
2. Geotechnical investigations
3. Construction staking
4. Materials testing
5. Post construction survey
Page 4 of 10
III. Time of Completion
The Consultant shall complete the following phases of the Project in accordance with the
schedule shown.
Preliminary Evaluation
• Kickoff Meeting September, 2022
Design Phase
• Neighborhood Meetings October, 2022
• 30% Plans November, 2022
• 60% Plans December, 2022
• 90% Plans December, 2022
• Final Plans January, 2023
Bidding and Negotiation Phase March, 2023
Construction Phase
• Final completion October, 2023
Close Out
• As -built plans December, 2023
IV. Compensation for Services
Consultant shall be compensated for performing the Scope of Services on an hourly basis in
accordance with the Standard Hourly Fee Schedule, attached hereto and incorporated herein by
this reference, not to exceed 564,500 as outlined below:
Preliminary Evaluation $7,000
Design Phase $45,500
Bidding and Negotiation Phase 51,000
Construction Phase $9,500
Close Out $1,500
Subtotal $64,500
Total Not -to -Exceed Amount for Services $64,500
Page 5 of 10
V. General Terms
A The Consultant shall not commit any of the following employment practices and
agrees to prohibit the following practices in any subcontracts.
1. To discharge or refuse to hire any individual because of their race, color,
religion, sex, national origin, disability, age, marital status, gender identity,
or sexual orientation.
2. To discriminate against any individual in terms, conditions, or privileges of
employment because of their race, color, religion, sex, national origin,
disability, age, marital status, gender identity, or sexual orientation.
B Should the City terminate this Agreement, the Consultant shall be paid for all
work and services performed up to the time of termination. However, such sums
shall not be greater than the "not -to -exceed" amount listed in Section III. The
City may terminate this Agreement upon seven (7) calendar days' written notice
to the Consultant.
C This Agreement shall be binding upon the successors and assigns of the parties
hereto, provided that no assignment shall be without the written consent of all
Parties to said Agreement.
D It is understood and agreed that the retention of the Consultant by the City for the
purpose of the Project shall be as an independent contractor and shall be
exclusive, but the Consultant shall have the right to employ such assistance as
may be required for the performance of the Project.
E It is agreed by the City that all records and files pertaining to information needed
by the Consultant for the Project shall be available by said City upon reasonable
request to the Consultant. The City agrees to furnish all reasonable assistance
in the use of these records and files.
F It is further agreed that no Party to this Agreement shall perform contrary to any
state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa.
G At the request of the City, the Consultant shall attend meetings of the City
Council relative to the work set forth in this Agreement. Any requests made by
the City shall be given with reasonable notice to the Consultant to assure
attendance.
H The Consultant agrees to furnish, upon termination of this Agreement and upon
demand by the City, copies of all basic notes and sketches, charts,
computations, and any other data prepared or obtained by the Consultant
pursuant to this Agreement without cost, and without restrictions or limitation as
to the use relative to specific Projects covered under this Agreement. In such
event, the Consultant shall not be liable for the City's use of such documents on
other Projects.
The Consultant agrees to furnish all reports, specifications, and drawings with the
seal of a licensed professional as required by Iowa law.
Page 6 of 10
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 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.
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.
Page 7 of 10
P Insurance
1. The Consultant agrees at all times material to this Agreement to have and
maintain professional liability insurance covering the Consultant's liability
for the Consultant's negligent acts, errors and omissions in the sum of
$1.000,000 Per Claim, $1,000,000 Annual Aggregate, or a $1,000,000
Combined Single Limit. To the fullest extent permitted by applicable state
law, a Waiver of Subrogation Clause (endorsement) shall be added.
2. Consultant agrees to provide the City a certificate of insurance evidencing
that all coverages, limits and endorsements required herein are
maintained and in full force and effect, and certificates of Insurance shall
provide a minimum thirty (30) day endeavor to notify, when available by
Consultant's insurer. If the Consultant receives a non -renewal or
cancellation notice from an insurance carrier affording coverage required
herein, or receives notice that coverage no longer complies with the
insurance requirements herein, Consultant agrees to notify the City within
five (5) business days with a copy of the non -renewal or cancellation
notice.
Q Standard of Care
1. The Consultant shall perform services for, and furnish deliverables to, the
City pertaining to the Project as set forth in this Agreement. The
Consultant shall possess a degree of learning, care and skill ordinarily
possessed by reputable professionals, practicing in this area under
similar circumstances. The Consultant shall use reasonable diligence
and professional judgment in the exercise of skill and application of
learning.
2. Consultant represents that the Services and all its components shall be
free of defects caused by negligence: shall be performed in a manner
consistent with the standard of care of other professional service
providers in a similar Industry and application; shall conform to the
requirements of this Agreement; and shall be sufficient and suitable for
the purposes expressed in this Agreement.
3. All provisions of this Agreement shall be reconciled in accordance with
the generally accepted standards of the Engineering Profession.
4. Consultant's obligations under this Section shall exist without regard to,
and shall not be construed to be waived by, the availability or
unavailability of any insurance. either of City or Consultant.
R There are no other considerations or monies contingent upon or resulting from
the execution of this Agreement, it is the entire Agreement, and no other monies
or considerations have been solicited.
Page 8 of 10
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 Consultant
For the City
By:
Title: Mayor
Date:
Attest:
September 6, 2022
By:
0i9itatly mgned by Donald P.
Marney
Date. 2022.08 10 17:25 44 05 00
Title: Business Unit Leader
Date:
Page 9 of 10
August 10. 2022
Approved by:
SGH
City Attorney's Office
August 11, 2022
Date
EXHIBIT A
SNYDER & ASSOCIATES, INC.
2022-23
STANDARD FEE SCHEDULE
Billing Classification/Level
Billing Rate
Professional
Engineer, Landscape Architect, Land Surveyor, GIS, Environmental Scientist
Project Manager, Planner, Right -of -Way Agent, Graphic Designer
Principal II
$229.00/hour
Principal 1
$217.00/hour
Senior
$198.00 /hour
VIII
$181.00/hour
VH
$172.00 /hour
VI
$163.00 /hour
V
$152.00/hour
IV
$141.00/hour
III
$129.00//hour
II
$116.00/hour
$103.00 /hour
I
Technical
CADD, Survey; Construction Observation
Lead
$138.00/hour
Senior
VIII
$132.00/hour
$123.001/hour
VII
$113.00;/hour
VI
$102.00/hour
V
$92.00j/hour
IV
$83.001/hour
III
$75.001/hour
$69.001/hour
II
$60.00: /hour
Administrative
11
$71.00/hour
I
$58.00 /hour
Reimbursables
current IRS standard rate
Mileage
Outside Services
As Invoiced
Page 10 of 10
Item Number: 6.j.
4CITY OF IOWA CITY
!kr4gi,'��� COUNCIL ACTION REPORT
September 6, 2022
Resolution rejecting bids received August 23, 2022 for the 2022 ADA Curb
Ramp Project and setting a new date for receipt of bids for the rebidding of
the 2022 ADA Curb Ramp Project, directing City Clerk to post notice to
bidders, and fixing the time and place for receipt of bids.
Prepared By: Ethan Yoder, Civil Engineer
Reviewed By: Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact: The estimated cost of this project is $140,000 and funds are available in the
Curb Ramp — ADA account #S3822
Recommendations: Staff: Approval
Commission: N/A
Attachments: Resolution
Executive Summary:
This agenda item rejects all bids received on August 23, 2022 for the 2022 ADA Curb Ramp
Project. An addendum will be issued to set a new date for receipt of bids and revise the
construction schedule.
One (1) bid was submitted prior to the August 23, 2022 deadline:
Bidder Name
City
Bid
All American Concrete, Inc.
West Liberty
$194,985.00
Engineer's Estimate
-
$140,000.00
As included in the City's Purchasing Policy, because only one responsive bid was received and
that bid was more than 25% over the Engineer's Estimate, staff recommends that Council reject
the bids and set a new date for receipt of bids for the project on September 27, 2022.
Background /Analysis:
The locations for 2022 ADA Curb Ramp Project were based on complaints that have been
received. The locations are Lakeside Drive at Aniston Street and Amber Lane, Washington Street
and Amhurst Street, Foster Road and Willenbrock Cir, Martin Street and Willenbrock Cir,
Willenbrock Cir and McCleary Ln, McCleary Lane and the alley between Ball Street and Foster
Road, and Hickory Trail and Evergreen Ct.
Project Timeline:
Bid Letting — September 27, 2022
Award Date — October 4, 2022
Construction — October 2022 — May 2023
ATTACHMENTS:
Description
Resolution
Prepared by: Ethan Yoder, Engineering Division, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145
Resolution No. 22-217
Resolution rejecting bids received August 23, 2022 for the 2022
ADA Curb Ramp Project and setting a new date for receipt of
bids for the rebidding of the 2022 ADA Curb Ramp Project,
directing City Clerk to post notice to bidders, and fixing the time
and place for receipt of bids.
Whereas, bids were received on August 23, 2022 for the 2022 ADA Curb Ramp Project; and
Whereas, one bid was received and it exceeded the Engineer's estimate by over twenty-five
percent; and
Whereas, the Public Works Department recommends that Council reject the bid, issue an
addendum to revise the construction schedule, and set a new date for receipt of bids; and
Whereas, funds for this project are available in the Curb Ramps - ADA account #S3822.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
1. The bid received on August 23, 2022 for the 2022 ADA Curb Ramp Project is rejected.
2. An addendum shall be issued for the 2022 ADA Curb Ramp Project, approved by
resolution on August 2, 2022, to revise the project schedule.
3. The amount of bid security to accompany each bid for the construction of the above-
named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer,
City of Iowa City, Iowa.
4. The City Clerk is hereby authorized and directed to post notice as required in Section 26.3,
not less than 13 days and not more than 45 days before the date of the bid letting, which
may be satisfied by timely posting notice on the Construction Update Network, operated
by the Master Builder of Iowa, and the Iowa League of Cities website.
5. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa,
at the Office of the City Clerk, at the City Hall, before 3:00 p.m. on the 27th day of
September, 2022. At that time, the bids will be opened by the City Engineer or his
designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for
action upon said bids at its next regular meeting, to be held in the Emma J. Harvat Hall at
6:00 P.M. on the 3rd day of October, or at a special meeting called for that purpose.
Passed and approved this 6th day of September
, 2022
Resolution No. ZZ -L1/
Page 2
Attest: l
City Jerk J City Attorne s Office — 09/01/2022
It was moved by Taylor and seconded by Weiner the Resolution be
adopted, and upon roll call there were:
Approved by
Ayes: Nays: Absent:
x Alter
x Bergus
x Harmsen
x Taylor
x Teague
x Thomas
x Weiner
Item Number: 6.k.
46,, CITY OF IOWA CITY
� COUNCIL ACTION REPORT
September 6, 2022
Resolution awarding contract and authorizing the Mayor to sign and the City
Clerk to attest a contract for construction of the Fairchild Street
Reconstruction Project.
Prepared By: Alin Dumachi, Sr. Civil Engineer
Reviewed By: Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact: $1,553,689.75, available in the Fairchild Street Reconstruction Project
account #53965
Recommendations: Staff: Approval
Commission: N/A
Attachments: Resolution
Executive Summary:
This agenda item awards the construction contract for the Fairchild Street Reconstruction Project
to Bockenstedt Excavating, Inc. of Iowa City, Iowa. The project generally includes the
reconstruction of Fairchild Street, between Clinton Street and Linn Street, with salvage and
reinstallation of existing brick pavers, 7 -inch concrete base, new drainage system under the road,
new 6 -inch concrete curb and gutter, 8 -inch water main replacement and new curb ramps to meet
ADA compliance.
The construction cost estimate for the project was $1,610,000, and four (4) bids were received:
Bidder Name
City
Bid
Tschggfrie Excavating
Dubuque, IA
$2,103,885.10
Boomerang Corp
Anamosa, IA
$1,964,214.00
All American Concrete
West Liberty, IA
$1,775,206.50
Bockenstedt Excavating
Iowa City, IA
$1,553,689.75
Based upon the bids received, staff recommends awarding the Project to Bockenstedt
Excavating, Inc. of Iowa City, Iowa.
Background /Analysis:
Due to severe deterioration of the brick surface of Fairchild Street, from Clinton Street to Linn
Street, reconstruction of Fairchild Street was included in the 2021 Capital Improvement Plan.
The project includes the following design elements:
• Salvage and reinstallation of existing brick pavers
• 7" concrete base
• New 6" concrete curb and gutter.
• New curb ramps at Dubuque/Fairchild and Linn/Fairchild intersections to meet ADA
compliance
• 8" water main replacement between Clinton Street and Dubuque Street, and between
Dubuque Street and Linn Street to replace existing 1900's -1920's water main
• Replacement of existing storm sewer system, with new storm sewer pipes and intakes
Project Timeline: Construction — September 2022 — August 2023
ATTACHMENTS:
Description
Resolution
Prepared by: Alin Dumachi, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5143
Resolution No. 22-218
Resolution awarding contract and authorizing the Mayor to sign
and the City Clerk to attest a contract for construction of the
Fairchild Street Reconstruction Project
Whereas, Bockenstedt Excavating, Inc. of Iowa City, Iowa, has submitted the lowest responsible
bid of $1,553,689.75 for construction of the above-named project; and
Whereas, funds for this project are available in the Fairchild Street Reconstruction Project
account #S3965; 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, Inc. subject to the condition that awardee secure adequate
performance and payment bond, insurance certificates, and contract compliance program
statements.
2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for
construction of the above-named project, subject to the condition that awardee secure
adequate performance and payment bond, insurance certificates, and contract compliance
program statements.
Passed and approved this 6th day of September , 2022
Attest: 11,(_ _ 2
City Clerk
It was moved by Taylor
adopted, and upon roll call there were:
OR
Approved ►y
City Attorne s Office
(Sara Greenwood Hektoen - 08/26/2022)
and seconded by Weiner
Ayes: Nays: Absent:
x Alter
x Bergus
x Harmsen
X Taylor
x Teague
x Thomas
x Weiner
the Resolution be
Item Number: 6.1.
46,, CITY OF IOWA CITY
� COUNCIL ACTION REPORT
September 6, 2022
Resolution awarding contract and authorizing the Mayor to sign and the City
Clerk to attest a contract for construction of the Scott Blvd Sidewalk Infill
Project.
Prepared By: Alin Dumachi, Sr. Civil Engineer
Reviewed By: Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact: $437,061.50, available in the Scott Blvd Sidewalk Infill Project account
#S3964
Recommendations: Staff: Approval
Commission: N/A
Attachments: Resolution
Executive Summary:
This agenda item awards the construction contract for the Scott Blvd Sidewalk InfiII Project to
Bockenstedt Excavating, Inc. of Iowa City, Iowa. The project generally includes construction of
additional sidewalk on the east side of Scott Boulevard and around Rita's Ranch Dog Park, new
HMA shoulder, reconstructed parking lot with delineated spaces and van accessible parking, new
curb ramps at park trail entrance to meet ADA compliance, and upgraded storm sewer with new
intakes and new storm sewer pipes.
The construction cost estimate for the project was $355,000 and six (6) bids were received:
Bidder Name
City
Bid
Bockenstedt Excavating,
Inc.
Iowa City, IA
$437,061.50
Midwest Concrete, Inc.
Peosta, IA
$456,090.75
B.G. Brecke, Inc.
Cedar Rapids, IA
$490,430.00
Sulzco, LLC
Muscatine, IA
$492,482.00
Maxwell Construction, Inc.
Iowa City, IA
$511,891.00
All American Concrete, Inc.
West Liberty, IA
$530,668.00
Based upon the bids received, staff recommends awarding the Project to Bockenstedt
Excavating, Inc. of Iowa City, Iowa.
Background /Analysis:
This project constructs approximately 1,400 linear feet of sidewalk connecting Eastbrook Flats to
Court Hill Trail along Scott Boulevard, and Rita's Ranch Dog Park to Eastbrook Street. These two
segments of sidewalk provide pedestrian and bicycle connections to American Legion Road,
Scott Park and Rita's Ranch Dog Park.
The project includes the following design elements:
• Sidewalk on the east side of Scott Blvd and around Rita's Ranch Dog Park
• New HMA shoulder
• Complete reconstruction of the parking lot, with new HMA surface, delineated parking
spaces for 14 cars, and 1 van accessible parking space
• New curb ramps at Scott Park trail entrance for ADA compliance
• Replacement of existing storm sewer system, with new storm sewer pipes and intakes.
Project Timeline:
Construction — September 2022 — June 2023
ATTACHMENTS:
Description
Resolution
Prepared by: Alin Dumachi, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5143
Resolution No. 22-219
Resolution awarding contract and authorizing the Mayor to sign
and the City Clerk to attest a contract for construction of the
Scott Blvd Sidewalk Infill Project
Whereas, Bockenstedt Excavating, Inc. of Iowa City, Iowa, has submitted the lowest responsible
bid of $437,061.50 for construction of the above-named project; and
Whereas, funds for this project are available in the Scott Blvd Sidewalk Infill Project account
#S3964; 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, Inc. subject to the condition that awardee secure adequate
performance and payment bond, insurance certificates, and contract compliance program
statements.
2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for
construction of the above-named project, subject to the condition that awardee secure
adequate performance and payment bond, insurance certificates, and contract compliance
program statements.
Passed and approved this 6th day of September
Attest: 1)
City Clerk
It was moved by Taylor
adopted, and upon roll call there were:
Ayes:
x
x
x
, 2022
Approved by
City Attorney's Office
(Liz Craig — 08/26/2022
and seconded by Weiner
Nays: Absent:
Alter
Berg us
Harmsen
x Taylor
x Teague
x Thomas
x Weiner
the Resolution be
Item Number: 6.m.
4CITY OF IOWA CITY
!kr4gi,'��� COUNCIL ACTION REPORT
September 6, 2022
Resolution accepting the work for the Glendale Park Improvements Project.
Prepared By: Ethan Yoder, Civil Engineer
Reviewed By: Juli Seydell-Johnson, Parks and Recreation Director
Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact: None
Recommendations: Staff: Approval
Commission: N/A
Attachments: Engineer's Report
Resolution
Executive Summary:
The project has been completed by McComas-Lacina Construction LC. of Iowa City, Iowa, in
substantial accordance with the plans and specifications. The Engineer's Report and
Performance and Payment bonds are on file with the City Clerk.
• Project Estimated Cost: $ 151,000.00
• Project Bid Received: $ 178,000.00
• Project Actual Cost: $ 178,000.00
Background /Analysis:
This project was part of the 2017 Park Master Plan as the play area lacked accessible paths and
safety surface. The improvements included a concrete path to the new playground and shelter, as
well as an enhanced place to access the creek.
ATTACHMENTS:
Description
Engineer's Report
Resolution
ENGINEER'S REPORT
August 25, 2022
Re: Glendale Park Improvements Project
r
�_.:.®
'"y'a°�O
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 - 1826
(319) 356 - 5000
(319) 356 - 5009 FAX
www.icgov.org
Dear City Clerk:
I hereby certify that the Glendale Park Improvements Project has been completed by McComas-
Lacina Construction LC of Iowa City, Iowa, in substantial accordance with the plans and
specifications prepared by Snyder and Associates, Inc.
The project was bid as a unit price contract and the final contract price is $178,000.00.
There were no change or extra work orders for the project.
I recommend that the above -referenced improvements be accepted by the City of Iowa City.
Sincerely,
ALP
Jason Havel, PE
City Engineer
Prepared by: Ethan Yoder Engineering Division, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145
Resolution No. 22-220
Resolution accepting the work for the Glendale Park
Improvements Project
Whereas, the Engineering Division has recommended that the work for construction of the
Glendale Park Improvements Project, as included in a contract between the City of Iowa City and
McComas-Lacina Construction LC of Iowa City, IA, dated August 17, 2021, be accepted; and
Whereas, the Engineer's Report and the performance, payment and maintenance bond have
been filed in the City Clerk's office; and
Whereas, funds for this project are available in the Glendale Park Improvements account #R4366;
and
Whereas, the final contract price is $178,000.00.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said
improvements are hereby accepted by the City of Iowa City, Iowa.
Passed and approved this 6th day of September , 2022
M
Approved by
1 G
Attest: 1/-;
City blerk
City Attorney' Office
(Sara Greenwood Hektoen - 08/26/2022)
It was moved by Taylor and seconded by Weiner
adopted, and upon roll call there were:
Ayes: Nays: Absent:
X Alter
X Bergus
X Harmsen
X Taylor
X Teague
X Thomas
X Weiner
the Resolution be
Item Number: 6.n.
1 4CITY OF IOWA CITY
!kr4gi,'��� COUNCIL ACTION REPORT
September 6, 2022
Resolution accepting payment of $300.00 civil penalty and waiver of right to
hearing from Casey's Marketing Management Company, Store #2761.
Prepared By: Kathleen Thornton, City Attorney Office Admin. Sec'y
Reviewed By: Geoff Fruin, City Manager
Fiscal Impact: no impact
Recommendations: Staff:
Commission: N/A
Attachments: Resolution
Executive Summary:
This resolution accepts a waiver of a hearing and a payment of a $300.00 civil penalty. The civil
penalty is required by Iowa Code section 453A.22(2) due to first instance of an employee selling
or providing tobacco to a minor within a two-year period.
Background /Analysis:
ATTACHMENTS:
Description
Resolution
Prepared by: Jennifer Schwickerath, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52244, 319-356-5030
Resolution number: 22-221
Resolution accepting payment of $300.00 civil penalty and
waiver of right to hearing from Casey's Marketing Management
Company (Store #2761)
Whereas, on June 30, 2022, an employee of Casey's Marketing Management Company,
dba Casey's General Store #2761, 204 N. Dubuque, Iowa City, violated Iowa Code
§453A.2(1) by selling or providing tobacco, tobacco products or cigarettes to a minor and
this was the first such violation by one of its employees in a two-year period; and
Whereas, at the time of the violation, Casey's General Store #2761, was operating under
a retail cigarette permit issued by the City of Iowa City; and
Whereas, pursuant to Iowa Code §453A.22(2), an establishment which holds a retail
cigarette permit is subject to a civil penalty of $300.00 as a result of its employee violating
Iowa Code §453A.2(1), for a first violation within a two-year period; and
Whereas, Casey's General Store #2761, has waived its right to the hearing required by
Iowa Code §453A.22(2) and accepted responsibility for its employee's violation of Iowa
Code §453A.2(1) by paying a $300.00 civil penalty to the City Clerk of the City of Iowa
City.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that the
City Council should accept the waiver of right to hearing and payment of $300.00 civil
penalty on behalf of Casey's General Store #2761.
Be it further resolved that the City Clerk will forward this Resolution to the City Attorney's
Office, which will then provide a copy of the same to the retail cigarette permit holder via
regular mail sent to the permit holder's place of business as it appears on the application
for a retail cigarette permit.
Passed and approved this 6thday ofseptember 2022.
Attest: ,(-CoL
Cit Clerk
Approved by
•
City Attorn r'sffice
(Jennifer Schwickerath - 08/29/2022)
Resolution No. 22-221
Page 2
It was moved by Taylor and seconded by Weiner
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
the
x Alter
x Bergus
x Harmsen
x Taylor
x Teague
Y Thomas
x Weiner
Item Number: 6.o.
1 4CITY OF IOWA CITY
!kr4gi,'��� COUNCIL ACTION REPORT
September 6, 2022
Resolution accepting payment of $300.00 civil penalty and waiver of right to
hearing from Casey's Marketing Management Company, Store # 3858.
Prepared By: Kathleen Thornton, City Attorney Office Admin. Sec'y
Reviewed By: Geoff Fruin, City Manager
Fiscal Impact: no impact
Recommendations: Staff:
Commission: N/A
Attachments: Resolution
Executive Summary:
This resolution accepts a waiver of a hearing and a payment of a $300.00 civil penalty. The civil
penalty is required by Iowa Code section 453A.22(2) due to a first instance of an employee
selling or providing tobacco to a minor within a two-year period.
Background /Analysis:
ATTACHMENTS:
Description
Resolution
Prepared by: Jennifer Schwickerath, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52244, 319-356-5030
Resolution number: 22-222
Resolution accepting payment of $300.00 civil penalty and
waiver of right to hearing from Casey's Marketing Management
Company (Store #3858)
Whereas, on June 29, 2022, an employee of Casey's Marketing Management Company,
dba Casey's General Store #3858, 370 Scott Court, Iowa City, violated Iowa Code
§453A.2(1) by selling or providing tobacco, tobacco products or cigarettes to a minor and
this was the first such violation by one of its employees in a two-year period; and
Whereas, at the time of the violation, Casey's General Store #3858, was operating under
a retail cigarette permit issued by the City of Iowa City; and
Whereas, pursuant to Iowa Code §453A.22(2), an establishment which holds a retail
cigarette permit is subject to a civil penalty of $300.00 as a result of its employee violating
Iowa Code §453A.2(1), for a first violation within a two-year period; and
Whereas, Casey's General Store #3858, has waived its right to the hearing required by
Iowa Code §453A.22(2) and accepted responsibility for its employee's violation of Iowa
Code §453A.2(1) by paying a $300 civil penalty to the City Clerk of the City of Iowa City.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that the
City Council should accept the waiver of right to hearing and payment of $300.00 civil
penalty on behalf of Casey's General Store #3858.
Be it further resolved that the City Clerk will forward this Resolution to the City Attorney's
Office, which will then provide a copy of the same to the retail cigarette permit holder via
regular mail sent to the permit holder's place of business as it appears on the application
for a retail cigarette permit.
Passed and approved this 6thday of September, 2022.
Attest:
Approved by
•
City Attorney'. 0 ice
(Jennifer Schwickerath — 08/29/2022)
Resolution No. 22-222
Page 2
It was moved by Taylor and seconded by Weiner
Resolution be adopted, and upon roll call there were:
the
AYES: NAYS: ABSENT:
X Alter
X Bergus
X Harmsen
X Taylor
X Teague
X Thomas
X Weiner
Item Number: 6.p.
1 4CITY OF IOWA CITY
!kr4gi,'��� COUNCIL ACTION REPORT
September 6, 2022
Resolution accepting payment of $300.00 civil penalty and waiver of right to
hearing from Kum & Go LC, Store #51.
Prepared By: Kathleen Thornton, City Attorney Office Admin. Sec'y
Reviewed By: Geoff Fruin, City Manager
Fiscal Impact: no impact
Recommendations: Staff:
Commission: N/A
Attachments: Resolution
Executive Summary:
This resolution accepts a waiver of a hearing and a payment of a $300.00 civil penalty. The civil
penalty is required by Iowa Code section 453A.22(2) due to first instance of an employee selling
or providing tobacco to a minor within a two-year period.
Background /Analysis:
ATTACHMENTS:
Description
Resolution
Prepared by: Jennifer Schwickerath, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52244, 319-356-5030
Resolution number: 22-223
Resolution accepting payment of $300.00 civil penalty and
waiver of right to hearing from Kum & Go LC (Store #51)
Whereas, on June 30, 2022, an employee of Kum & Go LC, dba Kum & Go #51, 323 E.
Burlington Street, Iowa City, violated Iowa Code §453A.2(1) by selling or providing
tobacco, tobacco products or cigarettes to a minor and this was the first such violation by
one of its employees in a two-year period; and
Whereas, at the time of the violation, Kum & Go LC, was operating under a retail
cigarette permit issued by the City of Iowa City; and
Whereas, pursuant to Iowa Code §453A.22(2), an establishment which holds a retail
cigarette permit is subject to a civil penalty of $300.00 as a result of its employee violating
Iowa Code §453A.2(1), for a first violation within a two-year period; and
Whereas, Kum & Go LC, has waived its right to the hearing required by Iowa Code
§453A.22(2) and accepted responsibility for its employee's violation of Iowa Code
§453A.2(1) by paying a $300.00 civil penalty to the City Clerk of the City of Iowa City.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that the
City Council should accept the waiver of right to hearing and payment of $300.00 civil
penalty on behalf of Kum & Go LC.
Be it further resolved, that the City Clerk will forward this Resolution to the City
Attorney's Office, which will then provide a copy of the same to the retail cigarette permit
holder via regular mail sent to the permit holder's place of business as it appears on the
application for a retail cigarette permit.
Passed and approved this jij iay of sept- „hp, 2022.
Attest:
Mayo
Approved by
•
City Attorne s • ice
(Jennifer Schwickerath - 08/29/2022)
Resolution No. 22-223
Page 2
It was moved by Taylor and seconded by Weiner
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
the
x Alter
x Bergus
x Harmsen
x Taylor
x Teague
x Thomas
x Weiner
Item Number: 6.q.
1 4CITY OF IOWA CITY
!kr4gi,'��� COUNCIL ACTION REPORT
September 6, 2022
Resolution accepting payment of $300.00 civil penalty and waiver of right to
hearing from L & M Mighty Shop Inc.
Prepared By: Kathleen Thornton, City Attorney Office Admin. Sec'y
Reviewed By: Geoff Fruin, City Manager
Fiscal Impact: no impact
Recommendations: Staff:
Commission: N/A
Attachments: Resolution
Executive Summary:
This resolution accepts a waiver of a hearing and a payment of a $300.00 civil penalty. The civil
penalty is required by Iowa Code section 453A.22(2) due to first instance of a an employee
selling or providing tobacco to a minor within a two-year period.
Background /Analysis:
ATTACHMENTS:
Description
Resolution
Prepared by: Jennifer Schwickerath, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52244, 319-356-5030
Resolution number: 22-224
Resolution accepting payment of $300.00 civil penalty and
waiver of right to hearing from L & M Mighty Shop Inc.
Whereas, on June 29, 2022, an employee of L & M Mighty Shop Inc., dba L & M Mighty
Shop Inc., 504 E. Burlington Street, Iowa City, violated Iowa Code §453A.2(1) by selling
or providing tobacco, tobacco products or cigarettes to a minor and this was the first such
violation by one of its employees in a two-year period; and
Whereas, at the time of the violation, L & M Mighty Shop Inc., was operating under a
retail cigarette permit issued by the City of Iowa City; and
Whereas, pursuant to Iowa Code §453A.22(2), an establishment which holds a retail
cigarette permit is subject to a civil penalty of $300.00 as a result of its employee violating
Iowa Code §453A.2(1), for a first violation within a two-year period; and
Whereas, L & M Mighty Shop Inc., has waived its right to the hearing required by Iowa
Code §453A.22(2) and accepted responsibility for its employee's violation of Iowa Code
§453A.2(1) by paying a $300 civil penalty to the City Clerk of the City of Iowa City.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that the
City Council should accept the waiver of right to hearing and payment of $300.00 civil
penalty on behalf of L & M Mighty Shop Inc.
Be it further resolved, that the City Clerk will forward this Resolution to the City
Attorney's Office, which will then provide a copy of the same to the retail cigarette permit
holder via regular mail sent to the permit holder's place of business as it appears on the
application for a retail cigarette permit.
Passed and approved this6th day of September, 2022.
Attest:
M� (
1
City' Clerk
Approved by
City Attorn's ffice
(Jennifer Schwickerath - 08/29/2022)
Resolution No. 22-224
Page 2
It was moved by Taylor and seconded by Weiner
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
the
x Alter
x Bergus
x Harmsen
x Taylor
x Teague
x Thomas
x Weiner
Item Number: 6.r.
r
CITY OE IOWA CITY
www.icgov.org
September 6, 2022
Resolution Approving Final Plat of Sandhi!! Estates - Part Five Subdivision,
Iowa City, Iowa.
ATTACHMENTS:
Description
Staff Report and Final Plat
Final Plat Resolution
STAFF REPORT
To: City Council
Item: SUB22-0005
Sandhill Estates — Part Five
GENERAL INFORMATION:
Applicant/Owner:
Contact Person:
Requested Action:
Purpose:
Location:
Location Map:
Size:
Existing Land Use and Zoning:
Prepared by: Parker Walsh, Associate
Planner
Date: September 6, 2022
Prairie Heights Land, LLC
Jason Walton
(319) 499-8836
jwalton(a southgateco.com
Hall & Hall Engineers Inc.
Brian Vogel
brian(a�halleng.com
Approval of final plat
Construction of Sandhill Estates — Part 5;
a residential subdivision
South of Wetherby Park and east of
Covered Wagon Drive
8.88 Acres
Undeveloped/Vacant Open Space,
Low Density Single -Family
Residential with a Planned
Development Overlay (OPD/RS-5)
Surrounding Land Use and Zoning:
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
File Date: July 20, 2022
60 Day Limitation Period: September 18, 2022
BACKGROUND INFORMATION:
The applicant Prairie Heights Land, LLC. is requesting approval of the final plat of
Sandhill Estates — Part 5, an 8.88 -acre residential subdivision 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
Sandhill 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 Sandhill 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 — On May 17 City Council approved the Sandhill Estates Part 5 preliminary
plat and sensitive areas development plan of an 18 lot, 8.88 -acre development.
On September 6 the applicant seeks approval of the final plat.
ANALYSIS:
The final plat of Sandhill Estates Part Five is in general compliance with the preliminary
plat and subdivision regulations. Legal papers and construction drawings are being
reviewed by staff. It is anticipated that these documents will be approved prior to the
September 6, 2022 Council meeting.
Environmentally Sensitive Areas: The property contains 0.01 acres of regulated
steep slopes and 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. During review of the preliminary plat and sensitive areas
development plan it was determined that the stormwater management facility is exempt
from the sensitive areas ordinance according to 14 -5I -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".
A preliminary sensitive areas development plan was approved with the preliminary plat.
Approval of a final sensitive area development plan will be required prior to any
development activity.
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 final plat.
Transportation: The final plat shows that Covered Wagon Drive and Sand Prairie Drive
will be extended and intersect at a roundabout, providing stub streets to the northwest
and northeast for future development connectivity. Additionally, the final plat shows the
extension of Frontier Loop east off of Sand Prairie Drive. The construction drawings show
the extension of an 8' wide sidewalk along the north side of Covered Wagon Drive and a
5' wide sidewalk along the south side of Covered Wagon Drive and both sides of Sand
Prairie Drive and Frontier Loop.
Storm Water Management: Storm water management will be provided via the
proposed regional retention basin, Outlot A. Public Works is reviewing the applicants
storm water management plan as part of the construction drawings. It is anticipated that
the construction drawings will be approved prior to the September 6 City Council
meeting.
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:
Once the final plat, construction drawings, and legal documents are approved the applicant
can submit a final sensitive areas development plan.
STAFF RECOMMENDATION:
Staff recommends approval of SUB22-0005, the final plat of Sandhill Estates Part Five
an 18 -lot, 8.88 -acre residential subdivision located south of Wetherby Park and east of
Covered Wagon Drive.
ATTACHMENTS:
1. Location Map
2. Final Plat
Approved by:
St+
Danielle Sitzman, AICP, Development Services Coordinator
Department of Neighborhood and Development Services
0 0.01750.035 0.07 Miles
1 1 1 1
SUB22-0005
Sandhill Estates - Part 5
1
corij‘
CITY OF IOWA CITY
Prepared By: Emani Brinkman
Date Prepared: August 2022
DICKENSON LN
An application submitted by Hall & Hall Engineers Inc.
on behalf of Prairie Heights Land, LLC for a final plat of
8.88 acres located south of Wetherby Park and east of
Armstrong drive.
•
CORNER
SECTION 23
/ 1 T79N, R6W
FD. S.C.M.
BOOK 35. PAGE 245
-r
OWNER/APPLICANT:
PRAIRIE HEIGHTS LAND, 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:
CRYSTAL RAIBER
HOLLAND, MICHAEL, RAIBER & SITTIG PLC
123 NORTH LINN STREET
SUITE 300
IOWA CITY, IOWA 52245
0 30 90 90 120
GRAPHIC SCALE IN FEET
SCALE: 1=60'
C1
NORTHERNMOST CORNER OF
SANDHILL ESTATES -PART 4
POINT OF BEGINNING
S88'55'43"E
475.34'
N1'04'17"E 876.53'
i
N4)
N.
•
N 51'03'20"W
35.54'
C2
•
•
FINAL PLAT
SANDHILL ESTATES - PART 5
IN THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA
NOTES:
1. LOT AIS BEING DEDICATED TO THE CITY OF IOWA CITY AT THIS TIME AS PUBLIC STREET
RIGHT OF WAY.
2. OUTLOT A IS FOR A STORM WATER MANAGEMENT EASEMENT OVER OUTLOT A IN IT'S
ENTIRETY AND WILL BE PRIVATELY OWNED AND MAINTAINED.
3. DISTANCES ARE IN FEET AND DECIMALS THEREOF.
4. BEARINGS ARE BASED ON: NAD83 (2011) (EPOCH 2010.000) Iowa RCS Zone 10 (Cedar
Ropids) os observed using the lowo Reol Time Network.
5. DATE OF SURVEY HELD WORK: 3/7/2019
6. NOTES ON THIS PLAT ARE NOT INTENDED TO CREATE ANY VESTED PRIVATE INTEREST IN
ANY STATED USE RESTRICTION OR COVENANT OR CREATE ANY THIRD PARTY BENEFICIARIES
TO ANY NOTED USE RESTRICTION OR COVENANT.
N39'21'11 "E
33.35'
S51'03'20"E
35.43'
•
35.00'
•
C3
1
•
/
33.00' :4<t.• 2
N.
/`.�'\� S39''"W
�>a' 0� 37.232111'
N.
/6.
15' SANITARY 3o6
SEWER AND
UTILITY EASEMENT
15' UTILITY
EASEMENT
C31
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/
/
/
/ C11
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SI
LOT 126 ,
0.20 ocres O
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S F
',s LOT 128 /,-1_,
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0.23 acres C15
•
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•
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N58'08'59"E 11
50.96' 1
136.80
LOT 127
0.20 acres
STORM SEWER
AND DRAINAGE
EASEMENT p`..
/
/A -
`V//
2/
EXISTING /
15' UTILITY �/ \ / (N68'49'48"E)
EASEMENT
10.46'
38.31' ./ /
I /
(60.22')
\ 570'03'53"W
\\ ��t., 60.28.---'1
7
\k . N c).,_ 11 \,O N3'28'41"W
,
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\� 0 "41r
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1
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I
,-S.W. CORNER
SECTION 23
T79N, R6W
1 1 FD. S.C.M.
BOOK 62, PAGE 320
•
•
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•
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•
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//N89'32'35 EJ
/ 34.24'
LOT 130
0.23 acres
y1w/
• N89'32'35"E 133.72'
•
0
N
9.43' 22.09'
LOT 131
0.18 ocres C30
N89'33'01"E 126.88' 1
15' SANITARY SEWER /5,
AND UTILITY EASEMENT -
C29
LOT 132
0.20 ocres
1
/
CI / (▪ S43'53'10" E)
1 / (65.53') /
1 / N42'36'55'W /
rL 65.44' /
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1
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1 1
1
1
1
1
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1
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1
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/ (516'37'53"E)
N15'24'15"W
67.67'
/
34.14'
•
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•
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r
N
N
0
Z
C6
/
•
•
/
50.24'
o/--15' UTILITY
EASEMENT
C7
c' I LOT 143
0.20 acres
15' tr.,.
IS0'27'25"E
20.36'
•
•
•
61.00'
0
N
M
N
111
N
N
N
0
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550'38'35"E
40.01'
«,
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/
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0
N89'32'35"E 194.16'
0
65.00'
LOT 142
0.18 acres
U
J
65.00'
• 1
1.4 C8 N89'32'35"E
RIGHT OF WAY LINE-'
Ca N89'32'35"E 215.00'
W w
is
NI. LOT A
N ' 2.07 acres
14
C28
60'
•
•
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S0'27'25"E
/
/
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FD. 5/8" REBAR
YELLOW PLASTIC
CAP NO. 8165
/rye / N50'38'35"W
7/-40.00'
/ y
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181.96'
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1 DRAINAGE
1 EASEMENT 1
Is_c___ _ - I__1
I
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ORANGE PLASTIC 1
CAP NO. 12088 1 \
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N39'21'25"E
20.00'
STORM SEWER
AND DRAINAGE
EASEMENT
OUTLOT A
2.53 acres
STORM WATER
MANAGEMENT EASEMENT
SEE NOTE NO. 2
EXISTING STORM WATER
MANAGEMENT FACILITY EASEMENT
BOOK 3751, PAGE 871
N14'48'02"E
46.07'
•
N75'11'58"W
20.00'
r
1 `
•
78.92'
19.76' /1 _ /
43
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AND DRAINAGE / h/
EASEMENT /
LOT 141 !/ /1 as to.
0.23 acres / 3
,O/
/ c'0/
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-1 r:./
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50.00'
176.00'
• •
C33--�
A FRONTIER 016
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589'32'35"W 215.00'
RIGHT OF WAY LINE
S89'32'35"W
O
61.00'
65.00'
176.00'
50.00'
NO'27'25"W
21.49'
LOT 135
0.21 acres
C24
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1/ EASEMENT
l
/C2 3 /
C34
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•
85.82'
C25
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LOT 136
w 0.18 acres
N
N
1V
0
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65.00'
OUTLOT A
2.53 acres
N
M
N
•
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w LOT 137
;n 0.18 acres
N
N
N
0
65.00'
O 0
7'25"E
0
C18
•
S14'48'02"W
S66p
84
94-69,
• S89'21'10"E
\ •
45.62'
O
LOT 140
0.33 acres
1
1
1 C19
15' UTILITY
EASEMENT
tC
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1
1
1
ca 1
EXISTING 15' STORM WATER I
AND DRAINAGE EASEMENT I
BOOK 3751, PAGE 871--
I
I
LOT 139
0.30 acres
LOT 138
0.47 acres
N
0
v;
0
157.85'
S89 30'47"W 373.67' r
N89'30'47"E 417.88' 1
/ 61.64'
/ C26
// LOT 134
0.28 acres
S89'30'47"W
(N87'45'25"E)
FO. 5/8"
REBAR
/
1
OJ
356.23'
A 7(2 c30
LOT 133
0.27 acres
\
SANDHILL EST ATES-P ART 3
10\NP, CITY, IOWA
BOOK 591, P AGE 51
uzir 132
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SURVEY LEGEND
•
•
SET 1/2" REBAR W/ YELLOW
PLASTIC CAP NO. 14809
ED. 5/8" REBAR W/ YELLOW
PLASTIC CAP NO. 9889
UNLESS NOTED OTHERWISE
FD. SECTION CORNER MONUMENT
RECORDED AS
EASEMENT LINE
PLAT BOUNDARY
EXISTING LOT LINE
SECTION LINE
CENTERLINE
INDEX LEGEND
LOCATION: AUDITOR'S PARCEL 2001045
REQUESTOR: PRAIRIE HEIGHTS LAND, LLC
PROPRIETOR:PRAIRIE HEIGHTS LAND. LLC
SURVEYOR: GREGG E. SAMPSON, P.L.S.
COMPANY: HALL & HALL ENGINEERS, INC.
1860 BOYSON ROAD
HIAWATHA, IOWA 52233
1-319-362-9548
RETURN TO: SUSAN@HALLENG.COM
SPACE RESERVED FOR RECORDING PURPOSES
TOTAL AREA:
8.88 ACRES
Curve Table
Curve
Delta
Tangent
Length
Radius
Chord
Chord Brg
C1
10' 48' 07"
105.60'
210.58'
1116.98'
210.27'
N49' 16' 09"E
C4
88' 42' 37"
33.24'
52.64'
34.00'
47.54'
S5' 00' 07"E
C7
18' 57' 10"
30.05'
59.54'
180.00'
59.27'
N9' 56' 00"W
C12
2' 54' 58"
30.11'
60.21'
1182.98'
60.20'
N47' 07' 29"E
C13
2' 19' 15"
23.96'
47.92'
1182.98'
47.92'
N44' 30' 22"E
C15
48' 54' 00"
54.56'
102.42'
120.00'
99.34'
S24' 54' 25"E
C18
49' 31' 51"
26.30'
49.28'
57.00'
47.76'
S50' 26' 03"E
C20
49' 31' 51"
26.30'
49.28'
57.00'
47.76'
S49' 31' 12"W
C21
15' 15' 27"
7.63'
15.18'
57.00'
15.13'
S81' 54' 51"W
C24
19' 39' 21"
47.92'
94.90'
276.64'
94.44'
S9' 11' 05"W
C25
5' 22' 12"
12.97'
25.93'
276.64'
25.92'
S21' 41' 52"W
C26
14' 01' 10"
34.01'
67.69'
276.64'
67.52'
S31' 23' 33"W
C27
12' 35' 38"
30.53'
60.81'
276.64'
60.68'
S44' 41' 57"W
C29
33' 59' 57"
65.96'
128.03'
215.76'
126.16'
N26' 58' 51"E
C32
50' 35' 54"
70.90'
132.47'
150.00'
128.20'
S25' 45' 22"E
C34
48' 42' 43"
111.25'
208.94'
245.76'
202.71'
S23' 40' 54"W
PLAT/PLAN APPROVED
by the City of Iowa City, Iowa
MAYOR DATE
CLERK DATE
CHAIRPERSON OF THE PLANNING COMMISSION DATE
UTILITY EASEMENTS AS SHOWN HEREON, MAY OR MAY NOT INCLUDE SANITARY
SEWER LINES, AND/OR STORM SEWER LINES, AND/OR WATER LINES;
UTILITY EASEMENTS, AS SHOWN HEREON, ARE ADEQUATE FOR THE INSTALLATION
AND MAINTENANCE OF THE FACILITIES REQUIRED BY THE FOLLOWING AGENCIES:
MIDAMERICAN ENERGY CO. DATE
MEDIACOM DATE
LUMEN DATE
IMON DATE
METRONET DATE
SUBDIVISION
7:W
CO 0
LANGENBERG ATUV
LOCATION MAP -SCALE: 1'1=400'
LEGAL DESCRIPTION:
THAT PORTION OF AUDITOR'S PARCEL NO. 2001045, CITY Cf IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED
AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SECTION TWENTY-THREE (23). TOWNSHIP SEVENTY-NINE (79)
NORTH, RANGE SIX (6) WEST OF THE FIFTH PRINCIPAL MERIDIAN;
THENCE NORTH 1'04'17" WEST ON THE WEST LINE OF THE SOUTHWEST QUARTER (SW %) OF SAID SECTION 23,
A DISTANCE OF 876.63 FEET;
THENCE SOUTH 88'55'43" EAST, 475.35 FEET TO THE POINT OF BEGINNING (SAID POINT ALSO BEING THE
NORTHERNMOST CORNER OF SANDHILL ESTATES -PART 4 AND THE BEGINNING OF A 1116.98 -FOOT RADIUS
CURVE CONCAVE NORTHWESTERLY AND HAVING A LONG CHORD OF 210.27 FEET BEARING NORTH 49'16'09"
EAST);
THENCE NORTHEASTERLY ON THE ARC OF SAID CURVE, 210.58 FEET TO THE BEGINNING OF A 29.00 FOOT
RADIUS CURVE, CONCAVE WESTERLY AND HAVING A LONG CHORD OF 42.74 FEET, BEARING NORTH 3'35'37"
WEST;
THENCE NORTHERLY ON THE ARC OF SAID CURVE, 48.05 FEET;
THENCE NORTH 51'03'20" WEST. 35.54 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
THENCE
THENCE
THENCE
SOUTHEASTERLY ON THE ARC OF SAID CURVE, 94.08 FEET;
NORTH 39'23'07" EAST, 463.68 FEET;
NORTH 67'42'47' EAST, 129.16 FEET TO AN EAST LINE OF SAID AUDITOR'S PARCEL 2001045;
SOUTH 0'42'15" WEST ON SAID EAST LINE, 404.49 FEET;
THENCE SOUTH 0'38'50" WEST ON SAID EAST LINE, 348.92 FEET TO THE NORTHEAST CORNER OF SANDHILL
ESTATES PART TWO;
THENCE SOUTH 89'30'47" WEST ON THE NORTH LINE OF SAID SANDHILL ESTATES PART TWO, 356.23 FEET TO
THE NORTHWEST CORNER OF SAID SANDHILL ESTATES PART TWO;
THENCE SOUTH 0'27'46" EAST ON THE WEST LINE OF SAID SANDHILL ESTATES PART TWO, 220.00 FEET TO
THE NORTHEAST CORNER OF LOT 102 OF SAND HILL ESTATES PART 3;
THENCE SOUTH 63'29'43" WEST ON THE NORTH LINE OF SAID LOT 102, A DISTANCE OF 76.28 FEET TO THE
NORTHWEST CORNER OF SAID LOT 102 AND THE SOUTHEAST CORNER OF LOT 121 OF SAID SANDHILL ESTATES
PART 4;
(THE FOLLOWING SEVEN COURSES ARE ON THE EASTERLY LINES OF SAID SANDHILL ESTATES PART 4.)
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
NORTH
NORTH
NORTH
NORTH
NORTH
SOUTH
NORTH
25'32'47" WEST, 169.28 FEET;
15'24'15" WEST, 67.67 FEET;
42'36'55" WEST, 65.44 FEET;
21'48'44" WEST, 68.15 FEET;
3'28'41" WEST, 71.50 FEET;
70'03'53" WEST, 60.28 FEET;
36'41'19" WEST, 190.48 FEET TO THE POINT OF BEGINNING.
DESCRIBED PARCEL CONTAINS 8.88 ACRES.
I hereby certify that this land surveying document was prepared
and the related survey work was performed by me or under my
direct personal supervision and that 1 am a duly licensed Land
Surveyor under the laws of the State of Iowa.
Signed: Date:
GREGG E. SAMPSON, P.L.S. Iowa License No. 14809
My license renewal date is December 31, 2022
ENTIRE SUBMISSION IS COVERED BY THIS SEAL UNLESS
SPECIFIED BELOW:
•
Revision Desc r43 Con
Revision Number
& Dote
oo
P4 4
z
o
Designed by
DLK
Drown by:
DLK
Checked by:
GES
8/31/2022
Field Book No:
Scole:
1 of 1
Project Number:
20034-17-5.
Aug 31, 2022 — 7:26om Plotted By
STATE OF IOWA
JOHNSON COUNTY
iia
11111
In
11
1
1111111111110 {
11
111
Doc ID. 031964870057 Type GEN
Kind: SUBDIVISION
Recorded: 09/23/2022 at 10:36:25 AM
Fee Amt: $287.00 Page 1 of 57
Johnson County Iowa
Kim Painter County Recorder
BK6427 PG742-798
)
) SS
1
CITY OF IOWA CITY
410 East Washington Street
Iowa City. Iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www.icgoe.org
I, Kellie K. Fruehling, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is
a true and correct copy of Resolution No. 22-225, which was passed by the City Council of Iowa City, Iowa,
at a regular meeting held on the 6th day of September 2022, all as the same appears of record in my office.
Also attached are the final legal documents for Sandhill Estates — Part Five Subdivision, Iowa City,
Iowa.
Dated at Iowa City, Iowa, this 2-i' day of
'v , 2022.
Kellie K? Fraehling
City Clerk
\res subdivision
Prepared by: Parker Walsh, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5238 (SUB22-0005)
Resolution No. 99_7 9 5
Resolution Approving Final Plat Of
Sandhill Estates — Part Five Subdivision, Iowa City, Iowa.
Whereas, the owner, Prairie Heights Land, LLC, filed with the City Clerk the final plat of Sandhill
Estates — Part Five Subdivision, Iowa City, Iowa, Johnson County, Iowa; and
Whereas, said subdivision is located on the following -described real estate in Iowa City, Johnson
County, Iowa, to wit:
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.114) 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.114, 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,
Resolution No. 22_225
Page 2
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°2T46" 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°2415" 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°4119" WEST, 190.48 FEET TO THE
POINT OF BEGINNING.
SAID PARCEL CONTAINS 8.88 ACRES.
Whereas, the Neighborhood and Development Services Department and the Public Works
Department examined the proposed final plat and subdivision, and recommended approval; and
Whereas, a dedication has been made to the public, and the subdivision has been made with the
free consent and in accordance with the desires of the owners and proprietors; and
Whereas, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2021)
and all other state and local requirements.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
1. The said final plat and subdivision located on the above-described real estate be and the
same are hereby approved.
2. The City accepts the dedication of the streets and easements as provided by Iaw and
specifically sets aside portions of the dedicated land, namely streets, as not being open for
public access at the time of recording for public safety reasons. The City shall accept the
public improvements and open them for public access upon satisfaction of the terms and
conditions stated in the Subdivider's Agreement.
The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed,
upon approval by the City Attorney, to execute all legal documents relating to said
subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after
passage and approval by Iaw. The City Clerk shall record the legal documents and the plat at
the office of the County Recorder of Johnson County, Iowa at the expense of the
owner/subdivider.
pcdttemplatesJFinal_Plat -_Resolution (2).doc.doc
t
Resolutibn No. i2-215
Page 3
Passed and approved this 6th day of September , 2022.
It was moved by Taylor
adopted, and upon roll call there were:
Ayes:
x
x
x
x
Approved by
City Attorney', Office — 09/01/2022
and seconded by Weiner
Nays: Absent:
the Resolution be
Alter
Bergus
Harmsen
Taylor
x Teague
x Thomas
x Weiner
pcW emplatesIFinaiPlat_-_Resolution (2).doc doc
Item Number: 7.a.
46,, CITY OF IOWA CITY
� COUNCIL ACTION REPORT
September 6, 2022
Resolution setting public hearing on September 20, 2022 on amending the
FY2023 Operating Budget.
Prepared By: Nicole Davies, Finance Director
Reviewed By: Geoff Fruin, City Manager
Fiscal Impact: FY2023 budget revisions funded through new revenues or available fund
balance
Recommendations: Staff: Approval
Commission: N/A
Attachments: FY2023 Notice of Public Hearing and related schedules
Resolution
Executive Summary:
The Finance Department requests the City Council set a public hearing for consideration of
amending the fiscal year 2023 annual budget on September 20, 2022. This is the first budget
amendment for fiscal year 2023.
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. I ncreased
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 $12,497,224,
as shown on Line 15 of the attached notice (see Revenues & Other Financing Sources, lines 1-
15). The majority of the increase of revenues being amended is for intergovernmental revenues,
miscellaneous, and other financing sources. Intergovernmental revenues (line 9) are being
increased by $11,730,144, which primarily represents State and Federal grants on capital projects
and HOME/CDBG revenues that are being carried forward from the prior year. Miscellaneous
Revenues (line 12) are being amended by $241,632 for expected donations. Other Financing
Sources (line 13) is being amended by $447,000 for South District home sales. Additionally,
Transfers in (line 14) are being amended by $78,448 for capital improvement projects.
The section entitled Expenditures & Other Financial Uses (lines 16-28) provides for an increase in
appropriations of $78,024,518. The majority of the increase in appropriations is related to
governmental capital improvement projects that are being carry forward from prior years (line 23)
and total $36,709,478. The next largest significant incrase is for the Community and Economic
Development program (line 20) and totals $21,858,070. This primarily reflects the carry forward of
appropriations for the ARPA funding received, as well as, CDBG/HOME programs and the South
District home program. In addition to carry forwards for operations and capital improvement
projects, the amendment includes the purchase of townhomes for the South District home
program, funds for a Recreation facilities master plan, and a culvert repair amongst other smaller
amendment items. The last significant increase in appropriations is for the Business
Type/Enterprise program (line 25) and totals $17,246,030. The increase in this program primarily
reflects the carry forward of utility fund capital improvement projects from prior years.
The net budgeted result to fund balances is a reduction of $65,527,294 (line 29). This reduction
will be covered through excess fund balances and bond funds and will not affect property tax
revenues or levies. The Notice of Public Hearing for the first budget amendment of fiscal year
2023 is attached to this memo along with a detailed list of the individual amendments.
ATTACHMENTS:
Description
FY23 Notice of Public Hearing
FY23 Budget Amendment #1
Resolution
NOTICE OF PUBLIC HEARING - AMENDMENT OF CURRENT BUDGET
City of IOWA CITY
Fiscal Year July 1, 2022 - June 30, 2023
The City of IOWA CITY will conduct a public hearing for the purpose of amending the current budget for fiscal year ending June 30, 2023
Meeting Date/Time: 9/20/2022 06:00 PM Contact: Kellie Fruehling Phone: (319) 356-5041
Meeting Location: Emma Harvat 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
66,474,472
0
66,474,472
Less: Uncollected Delinquent Taxes - Levy Year
2
0
0
0
Net Current Property Tax
3
66,474,472
0
66,474,472
Delinquent Property Tax Revenue
4
0
0
0
TIF Revenues
5
4,113,733
0
4,113,733
Other City Taxes
6
2,879,845
0
2,879,845
Licenses & Permits
7
2,010,130
0
2,010,130
Use of Money & Property
8
2,598,596
0
2,598,596
Intergovernmental
9
32,540,646
11,730,144
44,270,790
Charges for Service
10
50,693,274
0
50,693,274
Special Assessments
11
1,000
0
1,000
Miscellaneous
12
3,434,391
241,632
3,676,023
Other Financing Sources
13
28,084,168
447,000
28,531,168
Transfers In
14
48,821,852
78,448
48,900,300
Total Revenues & Other Sources
15
241,652,107
12,497,224
254,149,331
EXPENDITURES & OTHER FINANCING USES
Public Safety
16
29,232,715
337,672
29,570,387
Public Works
17
12,026,575
284,500
12,311,075
Health and Social Services
18
680,058
0
680,058
Culture and Recreation
19
16,828,327
183,964
17,012,291
Community and Economic Development
20
9,454,723
21,858,070
31,312,793
General Government
21
12,142,950
1,326,356
13,469,306
Debt Service
22
12,952,813
0
12,952,813
Capital Projects
23
19,765,470
36,709,478
56,474,948
Total Government Activities Expenditures
24
113,083,631
60,700,040
173,783,671
Business Type/Enterprise
25
81,515,864
17,246,030
98,761,894
Total Gov Activities & Business Expenditures
26
194,599,495
77,946,070
272,545,565
Transfers Out
27
48,821,852
78,448
48,900,300
Total Expenditures/Transfers Out
28
243,421,347
78,024,518
321,445,865
Excess Revenues & Other Sources Over
(Under) Expenditures/Transfers Out
29
-1,769,240
-65,527,294
-67,296,534
Beginning Fund Balance July 1, 2022
30
158,528,050
0
158,528,050
Ending Fund Balance June 30, 2023
31
156,758,810
-65,527,294
91,231,516
Explanation of Changes: FY22 Capital Project expenditures carried forward include $1,588,000 for the North Westminster Storm Sewer Improvements,
$3,438,000 for Senior Center Improvements, $4,502,000 for pavement rehab, $2,173,000 for American Legion Road, $1,028,000 for Melrose Ave
Improvements, $3,291,000 for Benton St Rehab, $6,111,000 for Rochester Ave Reconstruction, $1,247,000 for Dodge St Reconstruction, $1,235,000 for
Fairchild St Reconstruction and Enterprise Fund Projects: $1,000,000 Automated Parking Equipment, $1,740,000 annual sewer main projects. FY22
expenditures carried forward include $995,000 for Black Lives Matter funding, $3,333,000 for CDBG/HOME and $17,177,000 for ARPA. Additional detail is
available in the City Clerk's Office.
08/26/2022 01:09 PM
Paae 1 of 1
Fiscal Year 2023
Budget Amendment #1
Oar Object Project Description Amount Program Line
73730120 362200 049 Delta Dental Fluoride Grant (6,449.00) 12
73730120 467030 049 Delta Dental Fluoride Grant 4,947.00 25
73730120 463020 049 Delta Dental Fluoride Grant 1,502.00 25
26310104 449056 Iowa City Marketplace TIF Repayment 959,892.25 20
73730120 463060 Quicklime 75,000.00 25
79490210 411000 FSS Program Coordinator (62,400.00) 25
79490210 421100 FSS Program Coordinator (6,509.00) 25
79490210 421200 FSS Program Coordinator (320.00) 25
79490210 421300 FSS Program Coordinator (122.00) 25
79490210 421400 FSS Program Coordinator (228.00) 25
79490210 422100 FSS Program Coordinator (3,824.00) 25
79490210 422100 FSS Program Coordinator (894.00) 25
79490210 423100 FSS Program Coordinator (5,891.00) 25
79490310 411000 FSS Program Coordinator (15,600.00) 25
79490310 421100 FSS Program Coordinator (1,627.00) 25
79490310 421200 FSS Program Coordinator (80.00) 25
79490310 421300 FSS Program Coordinator (30.00) 25
79490310 421400 FSS Program Coordinator (57.00) 25
79490310 422100 FSS Program Coordinator (956.00) 25
79490310 422100 FSS Program Coordinator (224.00) 25
79490310 423100 FSS Program Coordinator (1,473.00) 25
79490230 411000 FSS Program Coordinator 78,000.00 25
79490230 421100 FSS Program Coordinator 8,136.00 25
79490230 421200 FSS Program Coordinator 400.00 25
79490230 421300 FSS Program Coordinator 152.00 25
79490230 421400 FSS Program Coordinator 285.00 25
79490230 422100 FSS Program Coordinator 4,780.00 25
79490230 422100 FSS Program Coordinator 1,118.00 25
79490230 423100 FSS Program Coordinator 7,364.00 25
10530300 474270 Aerial Lift 150,000.00 17
Carry -forwards
10210200 432080 Website Redesign 79,000.00 21
10210300 432060 Promotional Testing for Police and Fire 24,000.00 21
10210410 432060 BLM 400,000.00 21
10210410 432080 BLM 200,000.00 21
10210410 432100 BLM 45,000.00 21
10210410 435059 BLM 10,000.00 21
10210410 445140 BLM 5,000.00 21
10210410 445180 BLM 40,000.00 21
10210410 448030 BLM 194,560.00 21
10210410 448040 BLM 100,000.00 21
10210510 448020 Kirkwood CC ESL Program 25,000.00 20
10310710 448070 Workforce Housing Tax Credits 178,000.00 21
10410100 432080 Traffic Study 18,000.00 16
10410100 436040 Training Instructor 6,000.00 16
10410220 448010 Community Co -Responder 35,000.00 16
10410310 454020 CARES App 7,500.00 16
10410310 474220 Automobiles 126,459.00 16
10410310 474420 Ped Mall Cameras 105,230.00 16
10450200 469210 Fire Bunker Gear 39,483.00 16
10510311 442060 Replace City Hall Restroom Fixtures 8,317.00 21
10510311 472010 City Hall Painting 15,000.00 21
10520200 474320 Pool Vacuum 7,500.00 19
10520541 472010 Mercer Pool Bulkhead 5,172.00 19
10530203 442010 Replace BAS Controls at Ashton House 8,111.00 19
10530241 442020 Repairs at Terry Trueblood 12,000.00 19
10530241 473010 Replace BAS Controls at Terry Trueblood 15,000.00 19
10530225 473010 Prairie Establishment Contract 126,181.00 19
10530300 474270 Grapple truck 112,500.00 17
10570100 472010 Painting and front desk furniture 10,000.00 19
10610220 392100 Sale of 2129 Taylor (147,000.00) 13
10610220 472010 Rehab of one S.District duplex 70,000.00 20
10610220 392100 Sale of 2021 Taylor (145,000.00) 13
10610220 392100 Sale of 2023 Taylor (155,000.00) 13
10610220 472010 2021-2023 Taylor rehab 130,000.00 20
10610620 432060 FBC incentive program 35,940.00 20
10610620 448010 Historic preservation grants 25,000.00 20
10610720 473010 Public Art funds 49,634.00 20
21610320 490160 FY21 CDBG Rehab Projects 78,448.00 27
31520900 393910 FY21 CDBG Rehab Projects (78,448.00) 14
21610320 448010 FY22 CDBG Rehab Projects 370,142.00 20
21610320 331100 FY22 CDBG Rehab Funding (448,590.00) 9
21610320 448010 CDBG CV 14,236.00 20
21610320 331000 CDBG CV Funding (14,236.00) 9
21610410 448090 FY22 HOME Admin 29,764.62 20
21610410 331100 FY22 HOME Admin (29,764.62) 9
21610410 448090 HOMEARPAAdmin 266,226.70 20
21610410 331100 HOME ARPA Admin (266,226.70) 9
21610420 448090 FY19 South District 25,000.00 20
21610420 448090 FY21 Downpmt Assistance 60,000.00 20
21610420 448090 FY21 South District 94,000.00 20
21610420 448090 FY21 HOME Rehab 156,688.62 20
21610420 448090 FY20 HOME THF Rental Rehab 44,000.00 20
21610420 448090 FY21 HOME THF Rental Rehab 25,000.00 20
21610420 448090 FY22 CHDO Reserve - Housing Fellowship 128,000.00 20
21610420 448090 FY22 GreenState Partnership 30,000.00 20
21610420 448090 FY22 South District 100,000.00 20
21610420 448090 FY22 Shelter House New Construction 300,000.00 20
21610420 448090 FY22 HOME Rehab 90,000.00 20
21610420 331100 FY22 HOME Rehab Funding (1,052,688.62) 9
21610420 448090 HOME ARPA Program Operations 1,521,981.00 20
21610420 331100 HOME ARPA Rehab Funding (1,521,981.00) 9
22710332 474420 Message Board Trailer 22,000.00 17
23610216 448010 IEDA CDBG-CV 130,863.03 20
23610216 311000 IEDA CDBG-CV funding (130,863.03) 9
23610230 448010 ARPA 17,176,702.16 20
24210610 474420 No Till Seed Drill 27,479.00 21
32710910 473020 Fiber Infill 14,319.00 23
71810141 442020 Capitol Street Ramp Repairs 10,000.00 25
71810221 445140 Fare Media 14,558.00 25
71810230 443080 Transmission anad engine repairs 60,000.00 25
72720122 467030 Pump Repairs 87,010.00 25
73730120 442030 Hot Water Heater 16,000.00 25
73730130 473020 Clinton to Church Water Main Extension 80,000.00 25
81710510 441050 Undercarriage Replacement 50,000.00 X
81710510 469190 Cabinet Parts Washer 15,000.00 X
81710520 474230 Equipment Replacement 1,289,987.00 X
81710520 474240 Equipment Replacement 32,209.00 X
81710520 474270 Equipment Replacement 625,711.00 X
83310510 455120 Computer Replacements 14,340.00 X
83310510 476050
83310581 476050
84310320 475010
CIP Carry -forwards
Load Balancer
Storage Devices
Copy Machine Replacements
35,000.00 X
137,678.08 X
15,286.00 X
Oar Object Project Description Amount Program Line CIP Reference
76850905 334900 Airport Entrance Rd and Parking (63,000.00) 9 A3447
76850905 432090 Airport Entrance Rd and Parking 10,000.00 25 A3447
76850905 473010 Airport Entrance Rd and Parking 65,000.00 25 A3447
76850905 334900 Hangar A Door Replacement (75,000.00) 9 A3462
76850905 432090 Hangar A Door Replacement 7,768.00 25 A3462
76850905 473010 Hangar A Door Replacement 75,000.00 25 A3462
76850905 331100 Runway 7/25 Design Conversion (225,000.00) 9 A3464
76850905 432090 Runway 7/25 Design Conversion 37,500.00 25 A3464
76850905 473010 Runway 7/25 Design Conversion 212,500.00 25 A3464
76850905 331100 Runway 25 Threshold Relocation (273,004.00) 9 A3470
76850905 432090 Runway 25 Threshold Relocation 139,629.00 25 A3470
76850905 331100 Runway 12/30 Threshold Relocation (26,213.00) 9 A3471
76850905 331100 South Hanagar Apron Expansion (351,687.00) 9 A3476
76850905 432090 South HanagarApron Expansion 28,000.00 25 A3476
76850905 473010 South HanagarApron Expansion 343,750.00 25 A3476
31610900 473010 Carbon Emissions Reduction 395,967.00 23 E4520
31310790 476130 Permitting Software Upgrade 38,748.00 23 G4720
31310790 476130 Infrastructure Assest Management 634,818.00 23 G4724
75750905 432090 Landfill Equip Building Replacement 196,940.00 25 L3328
75750905 473010 South Side Recycling 620,000.00 25 L3334
75750905 432090 Future Landfill Cell design 250,785.00 25 L3338
75750905 474270 Bulldozer Upgrade 425,000.00 25 L3341
75750905 473010 Leachate Lagoon Updates 150,000.00 25 L3342
75750905 473010 Landfill Gas Infrastructure 230,535.00 25 L3343
75750905 432090 ACM Landfill Gas Infrastructure Exp 30,000.00 25 L3344
75750905 473010 ACM Landfill Gas Infrastructure Exp 168,800.00 25 L3344
75750905 432090 Bulk Water Fill Station 50,000.00 25 L3346
75750905 473010 Bulk Water Fill Station 125,000.00 25 L3346
77770905 473010 Normandy Dr Storm Sewer Replacement 246,484.00 25 M3629
77770905 432090 Stevens Drive Storm Sewer Improvement 24,946.00 25 M3630
77770905 473010 Stevens Drive Storm Sewer Improvement 350,000.00 25 M3630
77770905 473010 Storm Water Improvements 279,351.00 25 M3631
77770905 432090 N Westminster Storm Sewer 63,215.00 25 M3633
77770905 473010 N Westminster Storm Sewer 1,525,000.00 25 M3633
77770905 473020 Petsel Place Storm Sewer 85,446.00 25 M3636
31710940 473010 West Riverbank Stablilization 157,303.00 23 P3981
31710940 473010 Sand/Salt Storage Bunkers 403,460.00 23 P3985
31710940 474350 Non-public Safety Radio System Upgrade 517,415.00 23 P3987
31530910 472010 City Hall Projects - Other CIP 533,211.00 23 R4129
31530910 473010 Parks Annual Improvements/Maint 58,766.00 23 R4130
31530910 473010 Park Annual ADA Accessibility 105,813.00 23 R4132
31530910 473010 Cemetery Resurfacing 50,000.00 23 R4145
31310790 472010 Climate Action Facility Improvement 250,000.00 23 R4194
31520900 473010 Splash Pad Improvements 36,350.00 23 R4230
31530910 473010 Rec Center Annual Improvements 246,583.00 23 R4330
31520900 473010 Upgrade Building BAS Controls 300,250.00 23 R4332
31530910 473010 Pedestrian Mall Reconstruction 58,024.00 23 R4340
31530910 473010 Chadek Green Park Restroom/Shelter 265,047.00 23 R4350
31530910 472010 Rec Center ADA Improvrovements 267,612.00 23 R4351
31530910 334900 Whispering Meadows Shelter (8,550.00) 9 R4357
31530910 432090 Whispering Meadows Shelter 6,766.00 23 R4357
31530910 473010 Whispering Meadows Shelter 149,545.00 23 R4357
31530910 473010
31530910 473010
31530910 473010
31530910 473010
31530910 334900
31530910 473010
31530910 334900
31530910 473010
31530910 473010
31530910 432090
31530910 472010
31530920 432090
31530920 473010
31530910 473010
31530910 473010
31530920 432090
31550900 473010
31570900 472010
32710910 473010
32710910 473010
32710910 473010
32710910 473010
32710910 473010
32710910 473010
32710910 331150
32710910 473010
32710910 331100
32710910 473010
32710920 473010
32710950 473010
32710910 473010
32710910 311000
32710910 336110
32710910 473010
32710950 473010
32710910 432090
32710910 471010
32710910 473010
32710910 331100
32710910 432090
32710910 471010
32710910 334900
32710910 432090
32710910 473010
32710910 473010
32710910 432090
32710930 473010
32710920 432090
32710930 432090
32710930 473010
32710910 432090
32710910 432090
32710910 432090
71810915 473010
71810915 473010
71810915 474420
71810915 474420
71810915 474420
71810915 474420
Glendale Park Shelter
Court Hill Park Shelter & Playground
City Park Ball Field
Mercer Park Ball Diamond
Hwy 6 Trail
Hwy 6 Trail
Terry Trueblood Woodland
Terry Trueblood Woodland
Annual Tree Planting
Event Facility Improvements
Event Facility Improvements
Off Road Bike Trail Development
Off Road Bike Trail Development
Pedestrian Mall Playground
Park Facility Parking lot Overlay
Willow Creek Trail Development
Automated Material Handler/Sorter
Senior Center Building Improvements
Traffic Signal Project
Traffic Calming
Curb Ramps ADA
Pavement Rehab
Underground Electrical Facilities
Annual Complete Street Improvements_
Burlington/Madison Intersection
Burlington/Madison Intersection
American Legion Rd/Scott Blvd
American Legion Rd/Scott Blvd
Bridge Maint/Repair
Myrtle/Riverside Intersection
McCollister Blvd -Gilbert to Sycamore
Melrose Ave Improvrovements
Melrose Ave Improvrovements
Melrose Ave Improvrovements
Firs Ave/Scott Blvd Intersection
Court St Reconstruction
Court St Reconstruction
Benton St Rehab
Benton St Rehab
Rochester Av Reconstruction
Rochester Av Reconstruction
Dodge St Reconstruction
Dodge St Reconstruction
Orchard St Reconstruction
N Gilbert St Reconstruction
Foster Road Elevation
Highland Ct Sidewalk
Burlington St Bridge Replacement
Scott Blvd Sidewalk
Scott Blvd Sidewalk
Fairchild St Reconstruction
Iowa Avenue Bridge Rehab
Riverside Dr Pedestrian Bridge
Parking Facility Restoration
Rec Center Parking Lot
Replacement Electronics Smart Park
Video Cameras - Parking Facilities
Parking Enforcement Vechicles
Automated Parking Equipment
79,883.00 23 R4366
318,148.00 23 R4368
95,226.00 23 R4373
86,166.00 23 R4374
(438,000.00) 9 R4376
482,275.00 23 R4376
(20,000.00) 9 R4377
35,781.00 23 R4377
182,571.00 23 R4380
5,000.00 23 R4381
45,000.00 23 R4381
15,000.00 23 R4382
165,000.00 23 R4382
330,598.00 23 R4383
200,000.00 23 R4386
65,000.00 23 R4387
150,000.00 23 B4346
3,437,868.00 23 K1001
397,264.00 23 53814
12,573.00 23 53816
152,338.00 23 53822
4,501,685.00 23 53824
418,930.35 23 53826
907,520.00 23 53827
(413,042.00) 9 53834
87,546.00 23 53834
(2,468,603.00) 9 53854
2,172,894.00 23 53854
407,692.00 23 53910
268,456.00 23 53933
305,731.00 23 53934
(676,036.00) 9 53936
(911,799.00) 9 53936
1,027,537.00 23 53936
566,473.00 23 53944
147,223.00 23 53946
225,000.00 23 53946
3,290,882.00 23 53947
(1,315,860.00) 9 53947
79,653.00 23 53950
6,111,271.00 23 53950
(1,000,000.00) 9 53952
1,246,939.00 23 53952
372,089.00 23 53954
199,263.00 23 53955
74,598.00 23 53961
45,158.00 23 53962
300,000.00 23 53963
7,093.00 23 53964
77,860.00 23 53964
1,235,187.00 23 53965
150,000.00 23 53977
225,000.00 23 53978
748,284.00 25 T3004
295,803.00 25 T3019
200,000.00 25 T3020
100,012.00 25 T3021
153,078.00 25 T3022
275,000.00 25 T3023
71810915 474420
71810915 473010
71810915 473010
71810925 432090
71810925 473010
71810925 473010
71810925 474420
71810925 473010
71810925 472010
72720905 473010
72720905 473010
72720905 473010
72720905 473010
72720905 432090
72720905 432090
72720905 473010
72720905 432090
72720905 473010
72720905 432090
72720905 473010
72720905 432090
72720905 473010
72720905 432090
72720905 473010
72720905 432090
72720905 473010
72720905 432090
72720905 473010
72720905 432090
72720905 473010
72720905 432090
72720905 473010
73730905 432090
73730905 473010
73730905 473010
73730905 473010
73730905 473010
73730905 473010
73730905 473010
73730905 475010
73730905 473010
73730905 432090
73730905 432060
31410940 362100
31410940 432040
31410940 472010
31410910 476130
31410940 362100
31410940 473010
31450910 474230
31450910 473010
Automated Parking Equipment
Repl LED fixtures
Parking Ramp Stairwell Roof Replacement
Transit Facility Relocation
Transit Interchange/Bus Stop Improvements_
Transit Facility Parking Lot Overlay
Transit Mobile Column
Muscatine Ave Pedestrian/Transit
Bus Wash Repair
Annual Sewer Projects
Scott Boulevard Trunk Sewer
Nevada Ave Sanitary Sewer
West Pk Lift Station Rehab
West Pk Lift Station Rehab
Digester Complex Rehab
Influent Rake & Screen Repl
Rohret South Sewer
Dewatering Roll Off Paving
Wastewater Plant Mixer Improvements
Wastewater Plant Mixer Improvements
Biosolids Conveyor Improvements
Biosolids Conveyor Improvements
Aeration Basin Electric & Instruments
Aeration Basin Electric & Instruments
Grit Classifiers Replacement
Grit Classifiers Replacement
WWTP Roof Replacement
WWTP Roof Replacement
Influent Flow Monitoring
Influent Flow Monitoring
Treatment Plant Paving Improvements
Treatment Plant Paving Improvements
Dill St Water Main Repl
Dill St Water Main Repl
Jordan Well Rehab
Collector Well Capacity Impr
Hwy 1 Water Main Replacement
Peninsula Well power redund
Chlorine Feeder Upgrade
Water Front Meeting Room AV
FSR Generator Enclosure Replacement
Collector Well #2 Cleaning/Upgrade
Collector Well #2 Cleaning/Upgrade
Animal Sery Storage Garage
Animal Sery Storage Garage
Animal Sery Storage Garage
Digital Photo Evidence Management Software
Animal Shelter Catio
Animal Shelter Catio
Fire Apparatus Replacement
Fire Station #1 Apparatus Bay
1,000,000.00 25 T3023
71,530.00 25 T3025
50,000.00 25 T3027
200,000.00 25 T3055
435,070.00 25 T3059
37,800.00 25 T3063
11,913.00 25 T3064
5,584.00 25 T3065
100,000.00 25 T3066
1,739,855.00 25 V3101
254,006.00 25 V3145
5,404.00 25 V3147
75,537.00 25 V3148
10,000.00 25 V3148
870,767.00 25 V3151
508,060.00 25 V3153
224,782.00 25 V3155
89,539.00 25 V3156
15,000.00 25 V3157
223,000.00 25 V3157
7,000.00 25 V3158
163,000.00 25 V3158
10,000.00 25 V3163
290,000.00 25 V3163
30,000.00 25 V3167
364,000.00 25 V3167
12,000.00 25 V3170
279,464.00 25 V3170
25,000.00 25 V3175
226,000.00 25 V3175
2,000.00 25 V3176
69,000.00 25 V3176
13,111.00 25 W3222
725,000.00 25 W3222
150,000.00 25 W3305
114,473.00 25 W3311
146,244.00 25 W3313
163,514.00 25 W3315
273,024.00 25 W3316
91,752.00 25 W3317
40,000.00 25 W3318
91,758.00 25 W3322
170,000.00 25 W3322
(195,000.00) 12 Y4442
15,000.00 23 Y4442
180,000.00 23 Y4442
125,000.00 23 Y4446
(40,183.00) 12 Y4448
78,156.00 23 Y4448
1,024,289.00 23 Z4406
89,665.00 23 Z4409
State Form Program Lines
Use of Money & Property - 8
Intergovernmental (11,730,143.97) 9
Charges for Services 10
Miscellaneous (241,632.00) 12
Other Financing Sources (447,000.00) 13
Transfers In (78,448.00) 14
Public Safety 337,672.00 16
Public Works 284,500.00 17
Health & Social Services 18
Culture & Recreation 183,964.00 19
Community & Economic Development 21,858,070.38 20
General Government 1,326,356.00 21
Debt Service 22
Capital Projects 36,709,478.35 23
Business-Type/Enterprise 17,246,030.00 25
Transfers Out 78,448.00 27
Internal Service (not budgeted) 2,215,211.08 X
67,742,505.84
Internal Service (not budgeted) (2,215,211.08)
Excess Revenues & Other Financing Sources under
Expenditures/Transfers Out 65,527,294.76 29
Prepared by: Nicole Davies, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319)356-5085
Resolution No. 22-226
Resolution setting a public hearing on September 20, 2022 on amending
the FY2023 Operating Budget.
Be it resolved by the City Council of the City of Iowa City, Iowa, that a public hearing will be held in
Harvat Hall at City Hall, 410 E. Washington Street, Iowa City, at 6:00 P.M, September 20, 2022, or
if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the
City Clerk, to permit any resident to be heard for or against the proposed amendment to the Fiscal
Year 2023 Operating Budget.
The City Clerk is hereby directed to give notice of said public hearing and time and place thereof
by publication in the Iowa City Press -Citizen, a newspaper of general circulation in Iowa City, not
less than ten (10) days and not more than twenty (20) days before the time set for such hearing.
Passed and approved this 6th
Attest:
City Clerk
day of September
, 2022.
It was moved by Taylor
adopted, and upon roll call there were:
Approved by
•
City Attorne office - 08/30/2022
and seconded by Weiner
Ayes: Nays: Absent:
X Alter
X Bergus
X Harmsen
x Taylor
X Teague
X Thomas
Weiner
x
the Resolution be
Item Number: 7.b.
46,, CITY OF IOWA CITY
� COUNCIL ACTION REPORT
September 6, 2022
Resolution setting a public hearing on September 20, 2022 on project
manual and estimate of cost for the construction of the 2022 Traffic
Restriping 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: The estimated cost for this project is $90,000, and funds are available in the
Bicycle Master Plan Implementation account #S3827
Recommendations: Staff: Approval
Commission: N/A
Attachments: Resolution
Executive Summary:
This item begins the bidding process for the 2022 Traffic Restriping Project. This project
generally includes traffic restriping to implement bicycle facilities based on the Bicycle Master plan
for Keokuk Street, Southgate Avenue, Jefferson Street, and Market Street. In addition, the project
will implement a four -lane to three -lane conversion on Keokuk Street.
Background /Analysis:
The 2022 Traffic Restriping Project implements improvements included as a part of the 2017
Bicycle Master Plan. The improvements will include 5.5 -foot bike lanes with a 2 -foot buffer on
Market Street and Jefferson Street, a four -lane to three -lane conversion on Keokuk Street that will
include a 5.5 -foot bike lane, and Southgate Avenue will include a 5.5 -foot bike lane with a 1.5 -foot
buffer.
Project Timeline:
Public Hearing / Approve Project Manual — September 20, 2022
Bid Letting — October 13, 2022
Award Date — October 18, 2022
Construction Start — October 31, 2022
Final Completion — Spring 2023
ATTACHMENTS:
Description
Resolution
Prepared by: Ethan Yoder, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319)356-5145
Resolution No. 22-227
Resolution setting a public hearing on September 20, 2022 on
project manual and estimate of cost for the construction of the
2022 Traffic Restriping 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 Bicycle Master Plan Implementation account #
S3827.
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 20th day of September, 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 6th day of September , 2022
(%
Attest:
It was moved by Taylor
Approved by
City Attorne Office
(Liz Craig — 08/26/2022)
and seconded by Weiner
adopted, and upon roll call there were:
Ayes: Nays: Absent:
X Alter
x Bergus
x Harmsen
x
x
x
x
Taylor
Teague
Thomas
Weiner
the Resolution be
b
Item Number: 7.c.
46,, CITY OF IOWA CITY
� COUNCIL ACTION REPORT
September 6, 2022
Resolution authorizing mailing and publication of notice of intent to
commence a public improvement project to construct the Rohret South Trunk
Sanitary Sewer Project and to acquire property for the project; and setting
date of public hearing on October 3, 2022.
Prepared By: Joe Welter, Sr. Civil Engineer
Reviewed By: Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manger
Fiscal Impact: Funding will be via the Rohret South Sewer Project, Account # V3155
Recommendations: Staff: Approval
Commission: N/A
Attachments: Location Map
Notice of Intent
Resolution
Executive Summary:
Preliminary design for the Rohret South Trunk Sanitary Sewer Project has been completed to the
point where temporary and permanent easement needs within the project corridor have been
identified. These easements are needed for construction of the new trunk sewer. The proposed
30 -inch trunk sanitary sewer will extend from the Willow Creek Interceptor along Abbey Lane to
the west side of US Highway 218 and will serve future City growth.
Background /Analysis:
The proposed trunk sanitary sewer will connect future development on the west side of US
Highway 218 to the City's Sanitary Sewer Collection System and allow development of the
properties west of the highway and south of Rohret Road. The project will utilize existing right-of-
way and the existing 20 -foot wide permanent easement of Abbey Lane from Burry Drive to
Mormon Trek Boulevard. Abbey Lane will be reconstructed with reconnected private sanitary
sewer services, street pavement, driveway aprons, sidewalks, curb ramps, other public utilities,
and seeding or sodding as needed to accommodate the installation of the new trunk sewer.
Rushmore Drive and the easements along Rushmore Drive will be reconstructed with new street
pavement, curb ramps, and seeding or sodding. Property acquisitions needed for the
construction of this project are discussed below.
In order to accommodate trenched installation of the new sewer, a permanent easement is
needed on the southwest corner of the intersection of Mormon Trek Boulevard and Rushmore
Drive. In addition, temporary construction easements are needed to provide contractor access at
the following locations: across the parcels east of 3207 Rohret Road to accommodate
construction access west of Highway 218, along the 30 -foot wide permanent sanitary sewer
easement that is between Mormon Trek Boulevard and Highway 218 right-of-way, and at 2229
Abbey Lane to accommodate reconnection of the private sanitary sewer service around the
property's landscaping and mature trees.
ATTACHMENTS:
Description
Location Map
Notice of Intent
Resolution
,N
CITY OF IOWA CITY =RING
ROHRET SOUTH SANITARY SEWER PROPERTY ACQUISITION AREA
NOTICE OF INTENT TO ACQUIRE PROPERTY RIGHTS WHICH MAY BE
NEEDED FOR ROHRET SOUTH TRUNK SANITARY SEWER PROJECT
TO: Allen Development, LLC
P.O. Box 3474
Iowa City, Iowa 52244
Mormon Trek Village Homeowners Association
c/o Kim Schairer
1415 McKinley Place
Iowa City, Iowa 52245
Bruce and Judy Pfohl
2229 Abbey Lane
Iowa City, Iowa 52246
Chapter 6B of the Iowa Code requires a governmental body which proposes to acquire property
rights under power of eminent domain for a public improvement project to give notice of the
project to all agricultural property owners whose properties may be affected and to hold a
public hearing.
1. DESCRIPTION OF THE PROJECT.
NOTICE IS HEREBY GIVEN to the above -identified agricultural property owners that the
City Council of the City of Iowa City will consider funding of the site-specific design for the
Rohret South Trunk Sanitary Sewer Project, making the final selection of the route or site
location, or acquiring or condemning property rights, if necessary, required for the project. Said
project involves construction of an approximately 2,500 -foot long, 30 -inch trunk sanitary sewer
main, abandonment of existing sanitary sewer mains, reconnection of private sanitary sewer
services to the new trunk, repaving Abbey Lane, Mormon Trek Boulevard, and Rushmore
Drive, and restoration of surfaces with pavement, seeding, or sodding.
2. PRIVATE PROPERTY RIGHTS MAY BE ACQUIRED BY NEGOTIATION
OR CONDEMNATION.
If the above-described project is approved by the City Council, the City may need to acquire
property rights for the project improvements. Property rights may include a temporary
construction easement, a permanent easement, and/or a fee simple parcel (complete
ownership). Upon review of the records of the Johnson County Auditor, it appears that
properties or portions of properties owned by the above -identified persons may have to be
acquired for the project by the methods described above. The City will attempt to purchase the
required property by good faith negotiations. If negotiations are unsuccessful, the City will
condemn those property rights which it determines are necessary for the project. The proposed
location of the above-described public improvement is shown on documentation which is now
on file in the office of the City Clerk and available for public viewing.
3. CITY PROCESS TO DECIDE TO PROCEED WITH THE PROJECT AND TO
ACQUIRE PROPERTY RIGHTS; CITY COUNCIL ACTION REQUIRED TO
FUND PROJECT.
2
The City has provided funding in its budget for this project, as well as funding to acquire any
property rights that may be needed for the project. City staff has analyzed the options for how
to proceed with this project and has coordinated project planning with other appropriate
agencies. The planning has reached the point where preliminary designs now indicate that
certain property rights may need to be acquired. Any public comment will be considered in
preparing the final designs, particularly as private property may be affected.
In making the decision to fund the site-specific design for the public improvement, to make the
final selection of the route or site location, or to acquire or condemn property rights, if
necessary, the City Council is required to hold a public hearing, giving persons interested in
the proposed project the opportunity to present their views regarding the decision to fund the
site-specific designs for the project, make the final selection of the route or site location, or to
acquire or condemn, if necessary, property or an interest in property for the project. The public
hearing will be held on the 3rd day of October, 2022 in the City Council Chambers, Civic
Center, 410 East Washington Street, Iowa City, Iowa, commencing at 6:00 p.m. or, if
cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk.
In order to fund the site-specific design for the public improvement, to make the final selection
of the route or site location, or to commence the acquisition or condemnation of property rights,
if necessary, for the above-described project, City Council will be required to approve the
project and authorize acquisition of private property rights for the project by Council
resolution. The City Council is scheduled to consider adoption of a resolution authorizing
acquisition of property rights for the above-described project following the public hearing.
When an appraisal is required, if the project is approved by the City Council, an appraiser will
determine the compensation to be paid for easements and/or property acquired in fee simple.
The City will offer no less than the appraised value and will attempt to purchase only the needed
property by good faith negotiations. If the City is unable to acquire properties needed for the
project by negotiation, the City will acquire those property rights by condemnation.
4. CONTACT PERSON
If you have any questions concerning the Rohret South Trunk Sanitary Sewer Project please
contact the following person:
Joe Welter
City of Iowa City
410 E. Washington Street
Iowa City, IA 52240
(319) 356-5144
5. THIS NOTICE IS FOR INFORMATION ONLY AND IS NOT AN OFFER TO
PURCHASE PROPERTY RIGHTS.
The City Council of the City of Iowa City, Iowa has not yet determined to undertake the above-
described project or to acquire property rights for the project. This Notice does not constitute
an offer to purchase property rights.
3
6. STATEMENT OF RIGHTS.
Just as the law grants certain entities the right to acquire private property, you as the owner of
property have certain rights. You have the right to:
a. Receive just compensation for the taking of property. (Iowa Const., Article I, Section
18)
b. An offer to purchase which may not be less than the lowest appraisal of the fair market
value of the property. (Iowa Code §§ 6B.45, 6B54)
c. Receive a copy of the appraisal, if an appraisal is required, upon which the acquiring
agency's determination of just compensation is based not less than 10 days before being
contacted by the acquiring agency's acquisition agent. ( Iowa Code §6B.45)
d. When an appraisal is required, an opportunity to accompany at least one appraiser of
the acquiring agency who appraises your property. (Iowa Code §6B.54)
e. Participate in good faith negotiations with the acquiring agency before the acquiring
agency begins condemnation proceedings. (Iowa Code §6B.3(1))
f. If you cannot agree on a purchase price with the acquiring agency, a determination of
just compensation by an impartial compensation commission and the right to appeal its
award to district court. (Iowa Code §§ 6B.4, 6B.7, and 6B.18)
g.
A review by the compensation commission of the necessity for the condemnation if
your property is agricultural land being condemned for industry; (Iowa Code § 6B.4A)
h. Payment of the agreed upon purchase price, or if condemned, a deposit of the
compensation commission award before you are required to surrender possession of the
property. (Iowa Code §§ 6B.25 and 6B.54(11))
i. Reimbursement for expenses incidental to transferring title to the acquiring agency.
(Iowa Code §§ 6B.33 and 6B.54(10))
J.
Reimbursement of certain litigation expenses: (1) if the award of the compensation
commissioners exceeds 110 percent of the acquiring agency's final offer before
condemnation; and (2) if the award on appeal in court is more than the compensation
commissioner's award. (Iowa Code §6B.33)
k. At least 90 days written notice to vacate occupied property. (Iowa Code § 6B.54(4))
1. Relocation services and payments, if you are eligible to receive them, and the right to
appeal your eligibility for and amount of payments. (Iowa Code §316.9)
The rights set out in this Statement are not claimed to be a full and complete list or explanation
of an owner's rights under the law. They are derived from Iowa Code Chapters 6A, 6B and
4
316, For a more thorough presentation of an owner's rights, you should refer directly to the
Iowa Code or contact an attorney of your choice.
Kellie Fruehling
City Clerk
Prepared by: Joe Wetter, Public Works, 410 East Washington Street, Iowa City, Iowa 52240 319-356-5144
Resolution No. 22-228
Resolution authorizing mailing and publication of notice of intent
to commence a public improvement project to construct the
Rohret South Trunk Sanitary Sewer Project and to acquire
property for the project; and setting date of public hearing on
October 3, 2022.
Whereas, under the provisions of Sections 6B.2A and 6B.2B of the Iowa Code, a governmental
body which proposes to acquire property under power of eminent domain for a public improvement
project is required to give notice of intent to commence the project to all property owners whose
properties may be acquired in whole or in part for the project; and
Whereas, the City Council of the City of Iowa City intends to commence a project to construct the
Rohret South Trunk Sanitary Sewer Project, which includes an approximately 2,500 -foot long, 30 -
inch trunk sanitary sewer main, abandonment of existing sanitary sewer mains, reconnection of
private sanitary sewer services to the new trunk, repaving Abbey Lane, Mormon Trek Boulevard,
and Rushmore Drive, and restoration of surfaces with pavement, seeding, or sodding, which project
is to be known as the Rohret South Trunk Sanitary Sewer Project; and
Whereas, funds for this project are available in the Rohret South Sewer Project, Account Number
V3155; and.
Whereas, before the City of Iowa City can proceed with said project, the City Council must:
a. Hold a public hearing, providing the opportunity for public input on the question of
proceeding with the public improvement and on the acquisition or condemnation of property
interests for the project; and
b. Adopt a resolution declaring its intent to proceed with said project and authorizing the
acquisition of property interests required for the project by negotiation or condemnation.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
1. Documentation showing the proposed location of the Rohret South Trunk Sanitary Sewer
Project shall be placed on file in the office of the City Clerk and made available for public viewing.
2. A public hearing on the City's intent to proceed with the Rohret South Trunk Sanitary Sewer
Project and to acquire property rights therefore is to be held on the 3rd day of October, 2022, at
6:00 p.m. in the Emma J. Harvat Hall, City Hall Center, Iowa City, Iowa, or if said meeting is
cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk.
3. The Department of Public Works and City Clerk are hereby authorized and directed to cause
notice of the City's intent to proceed with said project and authorize the acquisition of property
for said project to be mailed not less than thirty (30) days and published 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.
Resolution No. 22-228
Page 2
Passed and approved this 6th day of September
Attest: I
City Clerk
J
, 2022
Approved bk...,
.
0
City Attorne 09/01/2022
It was moved by Taylor and seconded by Weiner
adopted, and upon roll call there were:
Ayes: Nays: Absent:
X Alter
X Bergus
X Harmsen
X Taylor
X Teague
X Thomas
Weiner
x
the Resolution be
Item Number: 11.
4CITY OF IOWA CITY
!kr4gi,'��� COUNCIL ACTION REPORT
September 6, 2022
Resolution approving project manual and estimate of cost for the
construction of the 2022 Sanitary Sewer Manhole and Pipe Rehabilitation
Construction Project, establishing amount of bid security to accompany each
bid, directing City Clerk to post notice to bidders, and fixing time and place
for receipt of bids.
Prepared By: Joe Welter, Sr. Civil Engineer
Reviewed By: Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact: $550,000 available in the Annual Sewer Main Replacement, Account #V3101
Recommendations: Staff: Approval
Commission: N/A
Attachments: Resolution
Executive Summary:
Each year, the City bids a project to rehabilitate sanitary sewer manholes and pipes through a
lining process. This rehabilitation of manholes and pipes is one of the components of the City's
annual sanitary sewer repair and replacement program.
Background /Analysis:
This project includes lining approximately 11,500 linear feet of sanitary sewer pipe, reinstatement
of approximately 200 service connections, lining 46 manholes, and other associated work for
locations near the following streets: Bancroft Drive, California Avenue, Crosby Lane, Grantwood
Drive, Gleason Drive, North Dubuque Street, Montrose Avenue, North Seventh Avenue,
Ridgewood Drive, Rochester Avenue, Rochester Court, Russell Drive, Tanglewood Street,
Ventura Avenue, Windsor Court, Windsor Drive, and Woodridge Avenue.
The estimated cost of construction for the project is $550,000.
ATTACHMENTS:
Description
Resolution
Prepared by: Joe Welter, Engineering Division, 410 East Washington Street, Iowa City, Iowa 52240, (319)356-5144
Resolution No. 22-229
Resolution approving project manual and estimate of cost for the
construction of the 2022 Sanitary Sewer Manhole and Pipe
Rehabilitation Construction Project, establishing amount of bid
security to accompany each bid, directing City Clerk to post notice
to bidders, and fixing time and place for receipt of bids.
Whereas, notice of public hearing on the project manual and estimate of cost for the above-named
project was published as required by law, and the hearing thereon held; and
Whereas, the City Engineer or designee intends to post notice of the project on the website owned
and maintained by the City of Iowa City; and
Whereas, funds for this project are available in the Annual Sewer Main Replacement, Account
Number V3101.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that:
1. The project manual and estimate of cost for the above-named project are hereby approved.
2. The amount of bid security to accompany each bid for the construction of the above-named
project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa
City, Iowa.
3. The City Clerk is hereby authorized and directed to post notice as required in Section 26.3,
not less than 13 days and not more than 45 days before the date of the bid letting, which
may be satisfied by timely posting notice on the Construction Update Network, operated by
the Master Builder of Iowa, and the Iowa League of Cities website.
4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa,
at the Office of the City Clerk, at the City Hall, before 3:00 p.m. on the 22nd day of September,
2022. At that time, the bids will be opened by the City Engineer or his designee, and
thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said
bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City,
Iowa, at 6:00 p.m. on the 3rd day of October, 2022, or at a special meeting called for that
purpose.
Passed and approved this 6th day of Se. tember , 2022.
Attest: LA_
City Clerk
Approved by
City Attorney' Office
(Liz Craig — 08/24/2022)
Resolution No. 22-229
Page 2
It was moved by Alter 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
x Weiner
the Resolution be
Item Number: 12.
1 4CITY OF IOWA CITY
!kr4gi,'��� COUNCIL ACTION REPORT
September 6, 2022
Resolution assessing $300.00 civil penalty against The Konnexion.
Prepared By:
Reviewed By:
Fiscal Impact:
Kathleen Thornton, City Attorney Office Admin. Sec'y
Eric Goers, City Attorney
Geoff Fruin, City Manager
no impact
Recommendations: Staff: Approval
Commission: N/A
Attachments: Citation
Resolution
Executive Summary:
Iowa Code section 453A.22(2) provides that, after a hearing, a civil penalty shall be assessed
when an employee of a retailer violates Iowa Code Section 453A.2(1) by selling or providing
tobacco to a minor. This hearing is the time designated for the Council to consider whether to
assess such a civil penalty against The Konnexion, 106 S. Linn Street, Iowa City. The civil penalty
for a first violation within a two-year period is $300.00.
Background /Analysis:
ATTACHMENTS:
Description
Citation
Resolution
PLAINTIFF:
13 State of lower JOHNSON 52
0 Cotuuy „c,Vn
❑ City or IOWA CITY
In the [:Dort at 417 S. CLINTON STREET. JOHNSON COUNTY COURTHOUSE
vs. r( D
�._ IL MiddleDefendant, Last Fuss
c-37Prll)< DV 1
COMPLAINT
rowA UNIFORM CITATION AND COMM MIT
IOWA CITY POLICE DEPARTMENT
INC aO e j
IC H° 233111
Add!. $.152\ CArkutz g4
City ICC, 7-
SS/DL#.
4
DL CI DL End L....—DL Rest.
DOER /20 / 4s Race. � E
State Zip X-
State CO. #
DL Stale ID Viewed? Ye� No0
Sex
W. :Pkw,
w w f f� qr1 ❑ AMM
The undersigned states that on or about /3'0 /a at t. 7 V !
Mo Day Yr.
defendant did unlawfully:
Operate Motor Ychicle/Boat (describe}
CDL Req? Yes No❑ Pass End. Req? Yes CI No❑ Ha2lvtaI End Keg_ Yes No❑
Reg. #
State Year
Upon a public highway at
Located in the county and state aforesaid and did then and there commit the following offense:
❑Traffic ❑ Navigation ❑ SnowmobiletATV ❑Fish -Game ❑Perks Ftobacco
Do
Not
Write
In
This
Space
❑ Scheduled Vio/Fine 5 � ❑ Road Construction Zone
0 Nun -Scheduled Violation
Surcharge S� ❑ Court Appearance Required (805.10)
Reason:
5_S. _ ID PI ❑p.D_(SlSOO)Accident
Coad Costs ❑ Fatal Accident
❑ Civil Damage Assessment
Total Fine.rosta S-t�—
Violation �Ga
BCW ��
Speed In Zone -Sec. # LA Code
DATA CODE Fed/Adm. Code Local Ord.
I certify under penalty of perjury and pursuant to the 1 3 •f the State of Iowa that the
preceding is nue and correcL
Daisd CO1-51 /
Mo. Day Yr.
Oftii - ' s Signature
—45 No.
Court Date: If you must appear in court or if you choose to appear to answer a charge
whlIdoe9 Mit quire an appearance. report to she a. • e named court on:
L at ii./:a... - M ❑ PM
Mo. alar Yr.
NOTICE: Providing false information is a violation of Section 719.3 of the Code of
Iowa and is punishable as an aggravated misdemeanor.
1 ail attic fotluuing.
My sti n byre below is not a lea of gndly. hat acknowledges san iatrichis citationort o out ender Mwo lty
1 f hereby sw -tt and affirm that the information provided
by me or providing false information.
2. 1 promise to appear in said c ours st said time and pie. ar I wilt caroply wills the provision on the
tap of the reverse stdc of the avian.
The following applies lo simple mammon. mmmmWS only: dtdlars =wow *mien 1 hereby give my unsecuaed spermmaee bond in the amount of
appearance. I noon That if 1 fail w appear in parrs or by counsel to defend against the Inst .c h rgedr
in chi; ci niton. the court Is authorized m enter 2 conviction d render plus eons Is
mamount dray VP -armee band in satisfaction of penally d
awcharg*'7 1t/ r l�mse or De c
ABSTRACT OF COURT RECORD
COURT NO. 'CASE NO
DOCKET NO. CASE NO
LICENSE NO STATE 0 IOWA
0 OTHER
FORFEIT BOND 0 BAIL CASH DEPOSIT
JURY TRLAL ❑ PLEA - vpFDICT
- 0 GUILTY ' 0 GUILTY'
NO JURY -TRIAL ❑ NOT GUILTY : • 0 NOT GUILTY
or PROCEEDING ' , 0; . ' - ' Ci DISMISSED
OTHER DISPOSITION
The Court Therefore Enters In Following Order This Dale
I
Mu Doy Yr.
FINED $ SURCHARGE $ COSTS $
Incarceration in Days.
None School .. Susp Days
Drivers License
Recommendation 0 0 • . 0 Q
DATE: Cnnstnucd to: . REASON:
DATE. Continued to. " ' REASON:
I)StV: WAJjT IS IIE
TESTIMONY - JUDGES NOTES: (Other Orders)
ISWE
Revo
13
FORGOING CITATION IS TRUE AND CORRECT.
AGENCY N/
. CNA IRE) . r -
SUBSCRIBED AND SWORN TO BEFORE ME FW A r
TAIOWA THIS _ DAY OF_200
Dakk Slgnaaac. razrnn giving boll Signature, parson raking bail
TO THE COURT: The following are witnesses who can give testimony relating to the
facts of this alleged violation. Please subpoena prosecuting witness:
Title Name Address Phone
2.
3.
4.
5.
Prepared by: Jennifer Schwickerath, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52244, 319-356-5030
Resolution number: 22-230
Resolution assessing $300 civil penalty against The Konnexion
Whereas, on June 30, 2022, an employee of Omega Puff LLC, dba The Konnexion, 106
S. Linn Street, Iowa City, violated Iowa Code §453A.2(1) by selling or providing tobacco,
tobacco products or cigarettes to a minor; and
Whereas, at the time of the violation, The Konnexion was operating under a retail
cigarette permit issued by the City of Iowa City; and
Whereas, pursuant to Iowa Code §453A.22(2), an establishment which holds a retail
cigarette permit is subject to a civil penalty of $300.00 as a result of its employee violating
Iowa Code §453A.2(1), after a hearing and proper notice; and
Whereas, a hearing was held on this date by the City Council to determine whether to
assess the civil penalty against The Konnexion and at said hearing the City Council
heard the facts of the violation and the arguments of the retailer, if any; and
Whereas, this violation, is the first such violation of an employee of The Konnexion
within a two-year period to be considered by the City Council under Iowa Code
§453A.22(2).
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that the
City Council after notice and hearing, pursuit to Iowa Code §453A.22(2) and
§453A.47A(11) hereby imposes a civil penalty in full, and if the civil penalty is not timely
paid any applicable permit held by the retailer shall automatically be suspended for a
period of (14) days, in addition to the $300.00 civil penalty.
Be it further resolved, that the City Clerk will forward a copy of this Resolution to the City
Attorney's Office, which will then provide a copy of the same to the retail cigarette permit
holder via regular mail sent to the permit holder's place of business as it appears on the
application for a retail cigarette permit.
Passed and approved this 6thday of September 2022.
Attest:
Ma or
Approved by
City Attorney' Office
(Jennifer Schwickerath - 08/30/2022)
Resolution No. 22-230
Page 2
It was moved by Harmsen and seconded by Weiner
the Resolution be adopted, and upon roll call there were:
Ayes: Nays: Absent:
X Alter
X Bergus
Harmsen
X Taylor
—x--
x Teague
X Thomas
X Weiner
Item Number: 13.
46,, CITY OF IOWA CITY
� COUNCIL ACTION REPORT
September 6, 2022
Resolution assessing $300.00 civil penalty against RJ'Z Express.
Prepared By:
Reviewed By:
Fiscal Impact:
Kathleen Thornton, City Attorney Office Admin. Sec'y
Eric Goers, City Attorney
Geoff Fruin, City Manager
no impact
Recommendations: Staff: Approval
Commission: N/A
Attachments: Citation
Resolution
Executive Summary:
Iowa Code section 453A.22(2) provides that, after a hearing, a civil penalty shall be assessed when an
employee of a retailer violates Iowa Code Section 453A.2(1) by selling or providing tobacco to a minor.
This hearing is the time designated for the Council to consider whether to assess such a civil penalty
against RJ'Z Express, 2 Escort Lane, Iowa City. The civil penalty for a first violation within a two-year
period is $300.00.
Background /Analysis:
ATTACHMENTS:
Description
Citation
Resolution
'71-14 op co-stu
T C COMPLAINT ❑ RES ❑ NON -RES
17OC S -C&R IOWA UNIFORM CITATION AND COMPLAINT IDHIS 0 NON -HIS
IOWA CITY POLICE at=P RTMENT ARMED 0 YES 0 NO
INC#3Q °z7I
PLAINTIFF:
State of Iowa
County of: JOHNSON No -
❑ City of: IOWA CITY
In the Court at 417 S. CLINTON STREET, JOHNSON COUNTY COURTHOUSE
lIC
No 230811
NAME: RAINS TRr1h}� Ski
Defenxianl. Last First Middle
Address Ssr5 jLtC 4OQ T1Z L
City iowie, CITY State l_Zip SZV1O
SS/DL# 428 )fk l gagState —Co. # S�
DL Class 0 DL End _.DL Rest. _IP-- DL /State ID Viewed? Year No❑
DOB 12 12q / `lo Rn W Ethn.._____N Sex F llt..5b3 wt
`� r�iEnfmti 9The undersigned states that on or about 06 / i ZZ at To n AM'M
defendant did unlawfully: Mo. flay Yr.
Operate Motor VehiclelBoal (describe)
CDL Req? Yes ❑ No ❑ Pass End. Req? Yes ❑ No ❑ HazMat End Req. Yes❑ No ❑
Reg. # Stair Year
Upon a public highway ate+s t q Y 55 , 7 ECoT
Located in the county and state aforesaid and did then and there commit the following offense:
❑Traffic ❑Navigation ❑SnowmobildATV OFish-Game ❑Parks ❑Tobacco
;$Scheduled Vioi Fine S ❑ Road Construction Looe
10 25 ❑ Nou-Scheduled Violation
Surcharge S ❑ Courl Appearance Required ($05.10)
Reastru:
Do
Not
Write
In
This
Space
Court Costs S__§.—. DP.I. ❑P.D.(S1500)Accident
DFatalAccident
total Fine/Costs +, 2(o 15 DCivil Damage Assessment
Violation_ 3E1)—/nr6 inaAQCa to L - 6L
Speed In Zone -Sec. # `3421,, aro lA Code
DATA CODE Fed/Adm. Code Local Ord.
I certify under penalty of perjury and pursuant to
preceding is true and correct.
{ 51)Datd� � �
Ala D✓:y Yr
s • . the State of Iowa that the
c
rD Na.
OtUrees Signature
Court Date: If you must appear in court or if you choose to appear to answer a charge
which does not require an appearauce, report to the above named court on:
01 / [ 5 / 22 at a :,..)c) 4AAf 0 PM
Mo. Dos YT.
j ,NOT10E: Providing false information is a violation of Section 7193of the Code of 1
LIowa and is pcaishable as an aggravated misdemeanor.
My s±gsmutc heir w is not a pica of guilty, but acknowledges all 0 the following:
I. thereby st►wr and affmo that the inform:Ault provided by me on this citation is r ue ander mostly
of providing false information.
t I promise ro appear in acid court at said lime end Owe, to 1 will (amply with the provision en the
lop or the reverse side of the ei tartan
The following applies to ample rnisdemesaers only zy r dollars end corer my uYiuen
3. 1 hate .y give my uuse• teabuild appearance d to the 'mouse of
appearance. 1 agree the! if 1 fail iv appear in person or by counsel to defend apauutthe offense cf�
ed
in this citation, the court it awhorized ss ansa a convietwes and crater Ju4r gruc &u
or rhe
amount of my appearemc bond in satisfaction oldie penalty cad aurehasgr plea court costs.
Signature e. De maim
ABSTRACT OF ('OUM" RECORD
COURT N(). CASE•. NO.
DOCKET Nay_-- CASE NO.
LICENSE NO.. STATE Q IOWA
II OMER
FORFEIT BOND Q BAIT. ('.ASH UI:POSI r `_..
JURY TRIAL Q
NO JURY TRIAL
or PROCEED1N( i
OTFII;R DISPOSITION
VF:RDJ[T
0 GUll TY 0 GUILTY
0 NOT Gt;rt.TY Q NOT GUILTY
13 DISMISSED
The Cort Therefore Enters In Following Order This late
/ /•
Opy Vs
FINED 3— SURCHARGES • COSTS
incarce[ation in
Days:
None School .Susp . Days Revo
Drivers License
Ess•amakgpAgial 0 f] Ci 10 L'
L/A:1 r: conttaued io:
REQ Ash
DATE' ('onlinuJ to: REASON:
TESTIMONY - JUDGES NOTES• (Other Orders)
I SHEAR TIIA»OfiGOING Cl'I'ATION IS TRUE AND CORRECT.
(STONAT{IRIt]
f _ ACFNCV 1 CPO
SUBSCRIBED AND SWORN 1013 FORE ME BY sa n &JOS kr- AT
Nolen Sikrmitem
F3ae: SWINIPa. perm/ ;irk; S,,;[ Skpri[ure. p n [akiag Fail
TO THE COURT: The following art witnesses who can give testimony relating to the
facts of this allege! violation. Pteesc subpoena prosecuting witness:
ride Name Address Phone
2.
3.
4.
S.
Prepared by: Jennifer Schwickerath, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52244, 319-356-5030
Resolution number: 22-231
Resolution assessing $300 civil penalty against RJ'Z Express
Whereas, on June 30, 2022, an employee of HWZ LLC, dba RJ'Z Express, 2 Escort Lane.
Iowa City, violated Iowa Code §453A.2(1) by selling or providing tobacco, tobacco
products or cigarettes to a minor; and
Whereas, at the time of the violation, RJ'Z Express was operating under a retail cigarette
permit issued by the City of Iowa City; and
Whereas, pursuant to Iowa Code §453A.22(2), an establishment which holds a retail
cigarette permit is subject to a civil penalty of $300.00 as a result of its employee violating
Iowa Code §453A.2(1), after a hearing and proper notice; and
Whereas, a hearing was held on this date by the City Council to determine whether to
assess the civil penalty against RJ'Z Express and at said hearing the City Council heard
the facts of the violation and the arguments of the retailer, if any; and
Whereas, this violation, is the first such violation of an employee of RJ'Z Express within
a two-year period to be considered by the City Council under Iowa Code §453A.22(2).
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that the
City Council after notice and hearing, pursuit to Iowa Code §453A.22(2) and
§453A.47A(11) hereby imposes a civil penalty in full, and if the civil penalty is not timely
paid any applicable permit held by the retailer shall automatically be suspended for a
period of (14) days, in addition to the $300.00 civil penalty.
Be it further resolved, that the City Clerk will forward a copy of this Resolution to the City
Attorney's Office, which will then provide a copy of the same to the retail cigarette permit
holder via regular mail sent to the permit holder's place of business as it appears on the
application for a retail cigarette permit.
Passed and approved this 6thday of September, 2022.
Attest:
Approved by
•
u J
City Attorne, s ffice
(Jennifer Schwickerath — 08/30/2022)
Resolution No. 22-231
Page 2
It was moved by Weiner and seconded by Taylor
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
the
x Alter
x Bergus
x Harmsen
x Taylor
x Teague
x Thomas
x Weiner
Item Number: 14.
46,, CITY OF IOWA CITY
� COUNCIL ACTION REPORT
September 6, 2022
Resolution assessing $300 civil penalty against Almost Paradise.
Prepared By:
Reviewed By:
Fiscal Impact:
Kathleen Thornton, City Attorney Office, Admin. Sec'y
Eric Goers, City Attorney
Geoff Fruin, City Manager
no impact
Recommendations: Staff: Approval
Commission: N/A
Attachments: Citation
Resolution
Executive Summary:
Iowa Code section 453A.22(2) provides that, after a hearing, a civil penalty shall be assessed when an
employee of a retailer violates Iowa Code Section 453A.2(1) by selling or providing tobacco to a minor.
This hearing is the time designated for the Council to consider whether to assess such a civil penalty
against Almost Paradise, 355 S. Linn Street, Iowa City. The civil penalty for a first violation within a
two-year period is $300.00.
Background /Analysis:
ATTACHMENTS:
Description
Citation
Resolution
PLAINTIFF:
❑ State of lou a
0 County o1:
❑ City of!
COMPLAINT
IOWA UNIFORM CITA1 ION AND COMPLAINT
IOWA CITY PDLlCt: FPA T1NEAIT
ING# 26 C
JOHNSON Nn. 52
IOWA CITY
1c N° 2331081
in the Cuuit at 417 S. CANTON STREET. JOHNSON COUNTY COURTHOUSE
V5. t'} Taal
NAME: _ C�� Firs Miadle
Defendant. Last
Addr
L4 State Zip City ' 4Z3A L 211 State X� Co. #
SS/DL# "� .A � �t /�
DL Class _ DL End I rte- DL Rest. LDt;Sjlale lD red? YesV No❑
DOB I Race Ethyl
�V (�
t+A�d
.46
Sex Ht '1)e) Wt.
The undersigned states that on or about _- / q[ Z 2 atC1— z o AM (CPM
Mo. Day YT.
defendant did unlawfully:
Operate Motor Vehicle/Boat (describe)
CDL Req? Yes 0 Non Pass End. Req? Yes 0 No❑ HazMat End Req. Ycs❑ No❑
Reg. If
State Year
Upon a public highway at
Located in the county and state aforesaid and did then and there commit the following offense:
:Traffic 0 Navigation 0 Snowmobile/ATV ❑Fish -Game ❑Parks grobacce
Do
Not
Write
In
This
Space
❑Scheduled Vin/Fine
Surcharge
Court Costs
Total Fine;Costs S 0
Violation
Speed In Zone -Sec. it 1 IA Code
DATA CODE Fed/Adm. Code Local Ord.
1 certify under penalty of perjury and pursuant to the la of the State of lova that the
preceding is lure and correct.
Dared ' !V -
Mo. Day Yr. Office
Court Date If you most appear in court or if you choose to appear to answer a charge
❑ Road Construction Zone
0 Nun -Scheduled Violation
❑ Court Appearance Required (805.10)
Reason:
❑ P.I. ❑ P.D. (S1500) Accident
Cl Fatal Accident
❑ Civil Damage Assessment
2.‘
ID No.
which does not require an appearance.. report i the ve named court on:
/2( /41" at 7,051Alal ❑ PM
MQDay Yr.
[NOTICE: Providing false information is a violation of Section 7 t9.3 of the Code of
Iowa and io punishable as an aggravated misdemeanor.
My stgnati re below t+ not a plan of guilty. but acknowledges all of the following
1 I hereby swear and affirm ihat the inronswtion pruvtded by roc on this eilttioTt is true coderperalsy
ofprpv'ding Rise information. rviti the provision on the2. 1 ptucaw cit i a to appear in said casaid time and place, m l will comply P
top of the reverse sick of the citation.
The fallowing applies to simple misdemeanors only, dollars and enter my wnstar
3 1 hereby glue my umurared appearance bass so Ibe amount a last ones ray
charged
appearance. 1 agree that if 1 fail to �mppcsr in person or by eauntcl to defend nga against se for tea
inr this y trims, diepC ranee bond in saiiaforised sIten of the penalty and surchargeezIcr conviction end rendff ltilgrreent p coat costs
anmatust of my appearance
ABSTRACT OF COURT RECORD
COURT NO. CASE NO. _
DOCKET NO. CASE NO.
LICENSE NO STATE 0 IOWA
0 OTHER
FORFEIT BOND ❑ BAIL CASH DEPOSIT
JURY TRIAL 0
PLEA VERDICT
0 GUILTY 0 GUILTY
NO JUUY•TRIAL 0 NOT GUILTY 0 NOT GUILTY
or PROCEEDING El 0 DISMISSED
OTHER DISPOSITION
The Court l'hcrefore Enters In Following Order This Date /
Mo nag Yr
FINED S_ SURCHARGE $ COSTS $
Incarceration in Days -
None School •• Soap Days Revo
Drivers License
Recommendation 0 Lj • • p 0 0
DATE Continued to' REASON;_
DATE: C•nminurd to: RFASQN:
TESTIMONY - JUDGES NOTES: (Other Orders).
i SW \ - THE FORGOING CfTATION IS TRUE AND CORRECT
Tc.e0
AGENCY —
• iNA IJltPl
SUBSCRIBED AND SWORN TO BEFORE ME BY �"`• . 65f _ _. A
IOWA THIS DAY OF �v___:1__200
Ntan mime
Umu Sion:num. ret son giving bail Siguu ur.. Mann laking bail
TO THE COURT: The following are witnesses who can give testimony relating to the
facts of this alleged violation. Phase subpoena prosecuting witness:
Title Name Address 'Phone .
Prepared by: Jennifer Schwickerath, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52244, 319-356-5030
Resolution number: 22-232
Resolution assessing $300.00 civil penalty against Almost Paradise
Whereas, on June 30, 2022, an employee of Emman Abedalla„ dba Almost Paradise, 355
S. Linn Street, Iowa City, violated Iowa Code §453A.2(1) by selling or providing tobacco,
tobacco products or cigarettes to a minor; and
Whereas, at the time of the violation, Almost Paradise was operating under a retail
cigarette permit issued by the City of Iowa City; and
Whereas, pursuant to Iowa Code §453A.22(2), an establishment which holds a retail
cigarette permit is subject to a civil penalty of $300.00 as a result of its employee violating
Iowa Code §453A.2(1), after a hearing and proper notice; and
Whereas, a hearing was held on this date by the City Council to determine whether to
assess the civil penalty against Almost Paradise and at said hearing the City Council
heard the facts of the violation and the arguments of the retailer, if any; and
Whereas, this violation, is the first such violation of an employee of Almost Paradise
within a two-year period to be considered by the City Council under Iowa Code
§453A.22(2).
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that the
City Council after notice and hearing, pursuit to Iowa Code §453A.22(2) and
§453A.47A(11) hereby imposes a civil penalty in full, and if the civil penalty is not timely
paid any applicable permit held by the retailer shall automatically be suspended for a
period of (14) days, in addition to the $300.00 civil penalty.
Be it further resolved, that the City Clerk will forward a copy of this Resolution to the City
Attorney's Office, which will then provide a copy of the same to the retail cigarette permit
holder via regular mail sent to the permit holder's place of business as it appears on the
application for a retail cigarette permit.
Passed and approved this 4tylay of septembPr, 2022.
Attest:
May
Approved by
City Attorney' 0 ice
(Jennifer Schwickerath - 08/30/2022)
Resolution No. 22-232
Page 2
It was moved by Alter and seconded by Weiner
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
the
x Alter
x Bergus
x Harmsen
x Taylor
x Teague
x Thomas
X Weiner
Item Number: 15.
46,, CITY OF IOWA CITY
� COUNCIL ACTION REPORT
September 6, 2022
Resolution assessing $1500.00 civil penalty against Up In Smoke.
Prepared By:
Reviewed By:
Fiscal Impact:
Kathleen Thornton, City Attorney Office Admin Sec'y
Eric Goers, City Attorney
Geoff Fruin, City Manager
no impact
Recommendations: Staff: Approval
Commission: N/A
Attachments: Citation
Resolution
Executive Summary:
Iowa Code section 453A.22(2) provides that, after a hearing, a civil penalty shall be assessed when an
employee of a retailer violates Iowa Code Section 453A.2(1) by selling or providing tobacco to a minor.
This hearing is the time designated for the Council to consider whether to assess such a civil penalty
against Up In Smoke, 208 N. Linn Street, Iowa City. The civil penalty for a second violation within a
two-year period is $1500.00.
Background /Analysis:
ATTACHMENTS:
Description
Citation
Resolution
❑ T-CltN
❑ OC .s -C&R
PLAINTIFF:
gtalc of Iowa HHSOH No
[aunty os:
❑ City of: IOWA CiiY
In the Court at 417 S. CLINTON STREET. JOHNSON COUNTY COURTHOUSE
syt4 OD _
COMPLAINT
IOWA WA CITY P IOLICE aEPARTMENT
INC #��—
Q RES ❑ NON -RES
❑ HIS 0 NON -HIS
ARMED 0 YES 0 NO
lc Ha 2308091
vs. z 1gLtA0105
NAME:
Defendant. Last First
Address- c Cc11'
4 C State _L4__ ZiP ;ZZY�7
City _ - 0 State£Co. #
SS/DLA P2Z3`
DL Class DLEndO DLR'-DL(StateIDViewed? Yes CI No,'
DORC22112_152-Ra ccyEthn.5cx lit Wt.
flfAl�, �I 30 / ZZ at — ❑ AM r�7 PM
The undersigned states that on or about Mo Day Yr.
defendant did unlawfully:
Operate Motor VehiclerBoat (describe)
CDL Req? Yes❑ Non Pass End. Req? Yes ❑ No❑ HezMat End Req. Yes 0 No❑
Reg #
State Year _
1 5 1 .or ; 44 ANi
Upon a public highway at:
Located in the county and state aforesaid and did then and there cotnmit the following
r • ❑TsatHc 0 Navigation ❑Snawmobile/ATV ❑Fish -Game ❑Parks °Tobacco
ilechedu1edVio:'Fuu f_15 -- _ URoad Construction Zone
0 Non -Scheduled 15oiation
Surcharge S LC2 ❑
Reason:
Aper ancc Required (805.10)
Court Costs ❑ P.L D P.D. (51500) Accident
°Fatal Accident
❑ Civil Damage Assessment
r
a' Net
Middle
Do
Nat
Write
In
This
Space
Total FinclCosts
Violation ' L.) - ] IA Code
Speed In Zone -Sec. # -'
DATA CODE Fed/Adm. Code _ Local Ord.
1 certify tinder penalty of perjury and pursuant to the taws of the State of Iowa that the
preceding is rose and correct
DatedZ
Mo. Da. Yr. [rigida Signature ID No.
Court Date: LI' you must appear in court or if you choose to appear to answer a charge
which does ant require an appearance, report to the above named court on:
v7 J `" / 22. at : V. ANS ❑ PM
Mo rye Yr:
NOTICE- providing false information is a violation
ems 719.3
9.3 of the Code of
lows and is punishable as an aggravated
My signattne bc/ow is not u plea of guilty. but ael:sso dmIges all of the following:
1. thereby wear and affirm dwr the information provided by me on this caLttian is mete under peaalcy
of providing false information.a said time and place, or 1 will comply with ehc prows= as [ha
2. t promise to temp s a
tap of ehe memo stile orthe elution. n nosy. Q
The following applies w simple smtdemensorapd to the amount of ��� dollars and enesr my wsiurn
3. S hoary give my unsecured rail to
or by counsel to dcfettd viral the offense charged
appearance. 1 agree scot if 1 foul w apyettt in porton ala trat me for the
in this i1LY1iaG. the Pitot is sutborteed w enter s rpnrictioa and tettderhare} dt�urt ��
ampun: of my appearance band to satisfaction oldie •...
S P
Signature a Pc colour
COURT NO.
DOCKET NO.
LICENSE NC).
ABSTRACT OF COURT RECORD
CASE NO.
CASE NO.
STATE ❑ IOWA
❑ OTHER
FORIE:I1 BOND CJ BAIL CASH DEPOSIT
JURY TRIAL ❑
NO J(JRY TRIAD,
or PROCEEDING U
OTHER DISPOSITION
L1'sA VERD/CT
0 GUILTY 0 GUILTY
0 NOT GUILTY G NOT GUILTY
❑ DISMISSED
11ie Court Therefore Enters In Following Order This Date _ f
F1NRD:$ SURCHARGE $ COSTS S _
Incarceration in Days
None School Susp Day's Revo
Drivers License
Recommendation 0 0 LI _ fl Q
DMI-:- Conciriuu I roi REASON:
=_E7 Conli,:zed to: REASON:
TESTIMONY - JUDGES NOTES; (Other m)
1 SWEAR THAT T 4 F.0 'OINC1 CyTA HON IS TRITE AND CORRECT.
I3IGu AGENCY ICAO
St;RSC'RIBED AND SWQRN TO REIURF. VIE 13Y (*Ne It $puiyj'
1Q.+A .Cery
hen y Siyu d arc
AT
THIS 3011 DAY OF J1,4^'IC _ ,; Z
Dare Sig f reiinn y Eti,4tr hnl7 Rdpram�
r raking
TO T COURT: Tito Following are witne.;am who ran give testimony Fi relating w the
facts of this alleged violation, Please subpoena prosecuting witness:
Title Name Address Phone
1.
2.
3. _
4.
5.
Prepared by: Jennifer Schwickerath, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52244, 319-356-5030
Resolution number: 22-233
Resolution assessing $1500.00 civil penalty against Up In Smoke
Whereas, on June 30, 2022, an employee of UISC LLC, dba Up In Smoke, 208 N. Linn
Street, Iowa City, violated Iowa Code §453A.2(1) by selling or providing tobacco,
tobacco products or cigarettes to a minor; and
Whereas, at the time of the violation, Up In Smoke was operating under a retail cigarette
permit issued by the City of Iowa City; and
Whereas, pursuant to Iowa Code §453A.22(2) and §453A.47A(11), an establishment
which holds a retail cigarette permit is subject to a civil penalty of $300.00 the first time
its employee violates Iowa Code §453A.2(1), within a two-year period and at the
permittee's option, either a suspension of the permit for a period of (30) days or a civil
penalty of $1,500.00 the second time its employee violates Iowa Code §453A.2(1),
within a two-year period after a hearing and proper notice; and
Whereas, a hearing was held on this date by the City Council to determine whether to
assess the civil penalty against Up In Smoke and at said hearing the City Council heard
the facts of the violation and the arguments of the retailer, if any; and
Whereas, this violation is the second such violation of an employee of Up In Smoke
within a two-year period to be considered by the City Council under Iowa Code
§453A.22(2).
Now, Therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that the
City Council, after notice and hearing, pursuant to Iowa Code §453A.22(2) and
§453A.47A(11) hereby imposes a $1,500.00 civil penalty in full, and if the civil penalty is
not timely paid any applicable permit held by the retailer shall automatically be
suspended for a period of (14) days, in addition to the $1,500.00 civil penalty.
Be it further resolved, that the City Clerk will forward a copy of this Resolution to the City
Attorney's Office, which will then provide a copy of the same to the retail cigarette permit
holder via regular mail sent to the permit holder's place of business as it appears on the
application for a retail cigarette permit.
Passed and approved this qday of S -mber , 2022.
Attest:
Mayo
'`
City
Clerk
Ce,as,-5L_
Approved by
City Attorney' 1 ' ce
(Jennifer Schwickerath — 08/30/2022)
Resolution No. 22-233
Page 2
It was moved by Weiner and seconded by Taylor
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
the
x Alter
x Bergus
x Harmsen
x Taylor
x Teague
x Thomas
X Weiner