HomeMy WebLinkAbout2022-11-15 ResolutionItem Number: 6.b.
..71441
CITY OF IOWA CITY
www.icgov.org
November 15, 2022
Motion approving the appointment of Keaton Zeimet as the City Council
Liaison and Noah LeFevre as the Alternate City Council Liaison from the
Iowa Undergraduate Student Government (USG) to the City Council until
May 1, 2023.
ATTACHMENTS:
Description
Miglin resignation
USG Appointments
Keliie Fruehlin
From: Geoff Fruin
Sent: Monday, August 29, 2022 8:00 PM
To: Rachel Kilburg; Eric Goers; Kellie Fruehling
Subject: FW: Stepping Back
FYI.
From: Miglin, Elizabeth M <elizabeth-miglin@uiowa.edu>
Sent: Monday, August 29, 2022 5:57 PM
To: Bruce Teague <bteague@iowa-city.org>; Megan Alter <MAlter@iowa-city.org>; Pauline Taylor <ptaylor@iowa-
city.org>; Laura Bergus <LBergus@iowa-city.org>; Shawn Harmsen <SHarmsen@iowa-city.org>; Janice Weiner
<JWeiner@iowa-city.org>; John Thomas <jothomas@iowa-city.org>; Geoff Fruin <GFruin@iowa-city.org>; Redmond
Jones <RJones@iowa-city.org>
Cc: Mohr, Airiana N <airiana-mohr@uiowa.edu>; Zeimet, Keaton J <keaton-zeimet@uiowa.edu>
Subject: Stepping Back
**This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments.
**
Hi Council,
After 2 years of being a part of USG as a City Liaison and Senator, I am writing this message to let you know
that I have decided to step down from this role effective October 1, 2022. I have enjoyed working with the
many friends I have made with city staff and on projects that I know will help our students and the local
community. However, as I begin my Junior year, I feel that I'm over -extended and that my priority should be to
re -focus on my studies and mental well-being.
We will be sure to provide more details about the application process and would appreciate any feedback from
you all as well. In previous meetings, we have discussed expanding the Liaison search by connecting with
professors in different departments of the University which T expect will be a part of the upcoming search
process.
I am grateful for the opportunities provided to me through our partnership and am very excited to see what is
accomplished in the coming semester. I have full trust that Keaton is going to be an incredible City
Liaison. Please let me know if you have any questions and how I can further assist in a smooth transition.
Best,
Ellie
Elizabeth Miglin (they/them)
The University of Iowa '24
B.A. in International Relations
Writing Certificate in Poetry
USG City Liaison
IOWA
Student Government
UNIVERSITY OF IOWA UNDERGRADUATE STUDENT GOVERNMENT
November 1st, 2022
Student Senate
S.S.B. 13
Sponsors: Senator Bartlett
(On behalf of the Office Administrative Committee)
Student Senate Action: Passed/Failed/Tabled
AN ACT
To confirm the appointment of executives in the following roles: Director of External Relations,
Deputy City Liaison, Photographer/Videographer, and Graphic Designer.
Section 1. Short 'Title
This bill may be titled as, "Confirmation of the 2022-2023 Director of External Relations,
Deputy City Liaison, Graphic Designer, and Photographer/Videographer"
Section 2. Discussion
Whereas, The Office Administrative Committee (OAC) is composed of the 2022-2023
President, Vice President, and the Cabinet Director; and,
Whereas, the OAC conducted an application and interview process in order to select the
nominees for the 2022-2023 USG Executive Cabinet; and,
Whereas, the OAC did not select a Graphic Designer nor a Photographer/Videographer
during the original application cycle and left those positions open during the beginning of the
2022-2023 term; and,
Whereas, the OAC did not select a Graphic Designer nor a Photographer/Videographer
during the second application cycle in May 2022 and left those positions open with the goal to
fill them at the start of the Fall 2022 semester; and,
Whereas, former City Liaison Ellie Miglin vacated their role in September 2022; and,
Whereas, former Deputy City Liaison, Keaton Zeimet, assumed the role as City Liaison
per the ascension process outlined in the USG bylaws, leaving the Deputy City Liaison Position
open; and,
Whereas, former Director of External Relations, Yardley Whaylen, vacated their role in
October 2022; and,
Whereas, the OAC reopened applications for the Deputy City Liaison and Director of
External Relations and held a third application and interview cycle for the open cabinet positions
in October 2022.
Section 3. Action
Whereas, the OAC nominates these candidates to serve in the 2022-2023 USG Executive
Cabinet:
Director of External Relations
Natalie Kehrli
City Liaison*
Keaton Zeimet
Deputy City Liaison
Noah LeFevre
Graphic Designer
Sarah Cohn
Photographer/Videographer
Sarah Cohn.
*As outlined by the USG bylaws, the Deputy City Liaison shall assume the role of City Liaison
at the end of their term or earlier if the City Liaison position is vacated
Whereas, that the Student Senate confirms the aforementioned candidates to serve in the
2022-2023 USG Executive Cabinet;
Section 4. Enactment Clause
Be it enacted by University of Iowa Undergraduate Student Government upon the
signature of the President.
Speaker of the Senate
I hereby attest and certify that this bill originated from the 2022-2023 Student Senate Session.
APPROVED on 11/1/22
USG President
Patrick Johnson
Item Number: 6.c.
4CITY OF IOWA CITY
!iklii:�� COUNCIL ACTION REPORT
November 15, 2022
Motion to accept the proposed FY24 budget for the Iowa City Downtown
District, as approved by the Iowa City Downtown District Advisory Board.
Prepared By: Rachel Kilburg, Assistant City Manager
Reviewed By: Geoff Fruin, City Manager
Fiscal Impact: N/A
Recommendations: Staff: Approval
Commission: N/A
Attachments: Budget
Minutes from 11/23/21 Advisory Board meeting
Executive Summary:
The operating agreement between the City of Iowa City and the Iowa City Downtown District
(I CDD) stipulates the process for City approval and incorporation of the district's annual budget.
In accordance with the Operating Agreement, the ICDD Advisory Board held a public meeting
November 10, 2022 and approved the FY24 Proposed Budget for submission to the City for
review. I have found it to be in compliance with the terms of the original petition, enabling
ordinance and operating agreement.
Background /Analysis:
It should be noted that budget contains the I CDD's projections for property tax income. However,
the district has communicated that they intend to collect the maximum amount generated by the
authorized SSMI D levy. Therefore, if property tax income exceeds the ICDD budget projections,
staff will proceed in transferring the full amount entitled through the enabling ordinance and
operating agreement.
It is recommended City Council consider a motion formally accepting the FY24 ICDD budget
and directing staff to incorporate the corresponding figures into the City's budget.
ATTACHMENTS:
Description
Budget
ICDD FY23 Budget Public Meeting Minutes, Nov. 23, 2021
2
Iowa City Downtown District
FY24 Preliminary Draft Budget comparison to FY23 Budget
November 2022
INCOME
SSMID Levy Collection
University of Iowa Contribution
3 Program & Initiatives Income
4 Events & Sponsor Income
5 TOTAL INCOME
6
7
10
11 Personnel
12 Contingency
EXPENSES
District -Wide Marketing
Event Expense
Programs & Initiatives
Office Administration
FY23 Actual Percent
FY24 Budget w Budget Change @
$2.50 levy rate Comparison $2.50
$649,000
$548,858
18.2%
$200,000 $200,000 0.0%
Comments
No change anticipated in property valuations from FY23. Levy Rate change to $2.50 per 2016 Petition
Continuing steady; check annually
$95,000 $166,318 -42.9% One-time FY23 sponsored projects end. Resume pre-COVID program income.
$363,890 $406,284 -10.4% Estimating lower event income due to higher costs / sponsorship competition
$1,307,890 $1,321,460 -1.0%
$130,360 $125,541 3.8%
$391,100 $436,122 -10.3%
$321,246 -23.1%
$96,300 $90,405 6.5%
$247,100
Slight increase in marketing
Reflects Added Reserve / Buffer for High Risk Events. Down from FY23 due to one-time grants.
One-time FY23 projects end. Resume pre-COVID program costs with an increase in clean initiatives.
Increase in insurance coverage & costs, increased engagement increases costs
$437,610 $382,096 14.5% Reflects new 1 new FTE
$5,420 $439 1135.0%
13 TOTAL EXPENSES
$1,307,890
$1,355,850 0.0%
14 NET GAIN / LOSS
$0-$34,389
No major change in overal budget from FY23
IOWA CITY DOWNTOWN DISTRICT
Advisory Committee Meeting
Meeting Minutes from Public Review of FY24 Budget
November 10, 2022 at 9 a.m.
at Iowa City City Hall, Emma J. Harvat Hall
Attendance:
Iowa City Downtown District Public Advisory Committee Representative Present: Charlie Nusser, Nancy
Ginsberg, Nick Lindsley
Iowa City Downtown District Staff Present: Nancy Blyd
Iowa City Staff, ICDD Ex-Officio Board Member Present: Rachel Kilburg
AGENDA
Call to Order
The meeting was called to order at 9:00 a.m., November 10, 2022 at the City Hall Council Chambers.
Discussion
The Preliminary Draft FY24 Budget was briefly discussed and approved by the Advisory Committee
representative and will advance to the ICDD Board of Directors in May 2023 for first consideration.
No members of the public attended to comment on the budget review.
Adjourn
Motion to adjourn by Lindsley, second by Ginsberg. The meeting was adjourned at 9:20 a.m.
Item Number: 6.d.
4CITY OF IOWA CITY
!iklii:�� COUNCIL ACTION REPORT
November 15, 2022
Motion to accept the proposed FY24 budget for the South District Self -
Supporting Municipal Improvement District (SD SSMID), as approved by the
SD SSMID Advisory Board.
Prepared By: Wendy Ford, Economic Development Coordinator
Reviewed By: Geoff Fruin, City Manager
Fiscal Impact: N/A
Recommendations: Staff: Approval
Commission: N/A
Attachments: Minutes from 11/8/22 Advisory Board meeting
Budget
Annual Report
Executive Summary:
The operating agreement between the City of Iowa City and the SD SSMI D stipulates the
process for City approval and incorporation of the district's annual budget. I n accordance with the
Operating Agreement, the organization's Advisory Board held a public meeting November 8 and
approved the FY24 Proposed Budget for submission to the City for review. I have found it to be
in compliance with the terms of the original petition, enabling ordinance and operating agreement.
Background /Analysis:
It should be noted that budget contains the SD SSMID's projections for property tax income.
However, the district has communicated that they intend to collect the maximum amount
generated by the authorized SSMI D levy. Therefore, if property tax income exceeds the SD
SSMI D budget projections, staff will proceed in transferring the full amount entitled through the
enabling ordinance and operating agreement.
It would be appropriate for the City Council to consider a motion formally accepting the FY24 SD
SSMI D budget, and directing staff to incorporate the corresponding figures into the City's
budget.
ATTACHMENTS:
Description
Minutes of Advisory Board Meeting
SD SSMI D FY24 Budget
Annual Report
SOUTH DISTRICT SELF -SUPPORTED MUNICIPAL
IMPROVEMENT DISTRICT
Open Public Meeting to Review Fiscal Year 2024 Preliminary Budget of
South District Self -Supported Municipal Improvement District (SSMID)
Tuesday November 8th
12:30pm
Emma Harvat Hall - City Council Chambers
410 E. Washington Street, Iowa City
Meeting Minutes
Attendance: Angie Jordan, Liz Walters, Tracy Saregant, Tasha Lard, Wendy Ford
1. Call to Order at 12:30pm
2. New Business
a. The South District SSMID Executive Director, Angie Jordan, read the
Annual Report, no questions were asked.
b. The South District SSMID Treasurer, Liz Walters, reviewed the preliminary
draft of the FY24 budget. Questions and comments were made by the
South District SSMID Advisory Committee.
c. Vice President, Tracy Sargeant motioned to approve the draft budget,
President, Tasha Lard seconded. Approval was unanimous.
3. There was no public comment
4. Walters motioned for adjournment, Sargeant seconded. Unanimous decision to
adjourn
5. Adjournment at 12:35pm
If you need disability -related accommodations in order to
participate in this program/event, please contact Wendy Ford,
Coordinator at 319-356-5248 or wendy-ford@iowa-city.org. We
ask that you contact us early to allow sufficient time to meet your access needs.
I
it '_ Ci ♦t
repourr
CITY OF IOWA CITY
LINFSC:Q ( I IY OF I II (RA I11KF
$ 100,188 SSMID levy amount
grant income
100% $ 100,090 Budget Items
0% $ 98 remaining
ED Salary & Benefits
Fiscal Year
July 2023 - June 2024
$ 65,122
$ 55,008 Salary 94% $ 61,508
$ 1,500 retirement 6% $ 3,614
$ 5,000 Insurance stipend for ED
Marketing
$ 58 position advertising
$ 5,000 marketing
Office
$ 560 Domain & Site Costs ($200 start up, $30 per month)
$ 1,000 Desktop computer
$ 500 Copier/printer/scanner
Locking Filing Cabinet (in -kind donation)
$ 85 phones
$ 100
$ 34
$ 240
$ 150
$ 5,400 Office space: $450/month
$ 198 PO Box
Professional fees
$ 600 501 c6 application
$ 200 license & permits
$ Articles of Incorporation / registered agent (free)
$ 50 trademark logo
$ 500 lawyer
Phone line start up fee
WHITE Device Payment
Phone Plan
Office Supplies
$ 1,000 accountant (tax preparation)
$ 255
$ 1,000 auditor
$ 1,652
accountant (on call assists)
Insurance (liability) Premiums
directors & officers
liability
$ 20,000 Projects
65% of SSMID levy max (established
by Search Committee)
Salary & Benefits
remaining
500
1000
500
85
100
34
DRAFT South District Self -Supported Municipal Improvement District (SD SSMID)
Annual Report
11/8/22
The South District SSMID was incorporated in April 2022. Since then, the Board of Directors has
created an Executive Committee, Strategic Planning Committee, Finance Committee, and ad
hoc Selection Committee to hire the inaugural executive director. In September, the Selection
Committee narrowed the applicants down to two and conducted a second round of interviews.
Angie Jordan was hired and onboarded October 17, 2022 as the executive director. The Board
of Directors also has a formal operating agreement with the City.
Since the executive director's hire, the SD SSMID has hired a marketing firm to begin the
branding process alongside the strategic planning process. An ad hoc Branding and Marketing
sub -committee was formed to engage with the branding process. The SD SSMID continues to
re-engage property owners, tenants, and stakeholders along with potential community partners
as it develops both the brand and strategic plan for the future
Item Number: 6.e.
4CITY OF IOWA CITY
!iklii:�� COUNCIL ACTION REPORT
November 15, 2022
Resolution amending the budgeted positions in the Animal Services Division
of the Police Department and the AFSCME pay plan by adding one full-time
Volunteer Program Assistant — Animal Services position, grade 4.
Prepared By: Chris Whitmore, Animal Services Supervisor
Reviewed By: Dustin Liston, Police Chief
Fiscal Impact: No Impact -Funded fully through Friends of the Animal Center Foundation.
Recommendations: Staff: Approval
Commission: N/A
Attachments: Resolution
Executive Summary:
The operational needs of the Animal Services division would best be served by adding a full-time
Volunteer Program Director position to provide continuity of service and training to the over-
growing volunteer program and animal fostering program at the Iowa City Animal Services.
Background /Analysis:
Operations in the Iowa City Animal Services division continue to see a sustained need in the direct
oversight and daily maintenance of the volunteer and animal fostering program at the Iowa City
Animal Shelter. The Volunteer Program Assistant would be responsible for the training and
retention of approximately one hundred active volunteers and foster parents. The addition of a
full-time Volunteer Program Assistant would assist the current two full time Animal Care
Technicians in advancing animals in need into the foster program. The Volunteer Program
Assistant would also allow for more efficiency in the operations of the Animal Care and Adoption
Center by being able to provide increased support to better serve our community members
desiring to assist the staff and animals.
ATTACHMENTS:
Description
Resolution
Prepared by: Chris Whitmore, Animal Services Coordinator, 3910 Napoleon Lane, Iowa City, IA 52240 (319) 356-5296
Resolution Number. 22-280
Resolution amending the budgeted positions in the Animal Services
Division of the Police Department and the AFSCME pay plan by adding
one full-time Volunteer Program Assistant — Animal Services position,
grade 4.
Whereas, Resolution No. 22-76, adopted by the City Council on March 22, 2022 authorized
budgeted positions in the Police Department for Fiscal Year 2023; and
Whereas, Resolution No. 21-111, adopted by the City Council on May 4, 2021 established a
classification and compensation plan for AFSCME employees; and
Whereas, the Animal Services Division seeks to add one full-time Volunteer Program Assistant
to assist in recruitment and retention of volunteers and foster homes and to be budgeted by the
Friends of the Animal Foundation for a minimum of two years with review of the position at the
conclusion of two years to determine if continuation of the position is appropriate; and
Whereas, adding a full-time Volunteer Program Assistant will help ensure that the Animal
Services volunteer and foster programs are maintained and continue to follow current animal
care best practices.
Now Therefore, be it resolved by the City Council of the City of Iowa City, Iowa that:
The budgeted positions in the Animal Services Division of the Police Department be amended
by adding one full-time Volunteer Program Assistant — Animal Services position, grade 4.
The AFSCME pay plan be amended by adding the position Volunteer Program Assistant, grade
4.
Passed and approved this 15 th
It was moved by Weiner
and upon roll call there were:
day of November
Mayor
,2022
Approve
City Attorne ' Office
(Jennifer Schwickerath - 11/09/2022)
and seconded by Taylor
AYES: NAYS: ABSENT:
X
X
X
R
X
the Resolution be adopted,
Alter
Bergus
Harmsen
Taylor
Teague
X Thomas
Weiner
Item Number: 6.f.
4CITY OF IOWA CITY
!iklii:�� COUNCIL ACTION REPORT
November 15, 2022
Resolution approving the City Street Finance Report for the fiscal year
ending June 30, 2022.
Prepared By: Nicole Davies, Finance Director
Reviewed By: Geoff Fruin, City Manager
Fiscal Impact: If not approved and submitted by December 1, 2022 the City could risk losing
annual Road Use Tax funding. For fiscal year 2023, this is budgeted at
$9,390,000.
Recommendations: Staff: Approval
Commission: N/A
Attachments: FY22 Street Finance Report
Resolution
Executive Summary:
Iowa Code section 312.14 requires all cities to submit the City Street Finance Report (SFR) to
the Iowa Department of Transportation (DOT) by December 1 of each year. In accordance with
Iowa Code section 312.15, the Iowa DOT must notify the state treasurer of each city not in
compliance with this requirement. Once notified, the state treasurer will withhold the Road Use
Tax (RUT) funds allocated to the city until the city complies. If a city has not filed its report by
March 1 of the following year, RUT funds shall not be allocated to that city and all funds withheld
under this provision shall revert to the street construction fund of the cities.
Background /Analysis:
The City Street Finance Report is required to include revenues and expenditures in the Road Use
Tax Fund, and any other funds that have revenues and expenditures for street purposes only and
Debt Service which includes bonds, notes and loans for only street related revenues and
expenditures for any debt service payments.
Road Use Tax receipts for the City of Iowa City for fiscal year 2022 were $10,170,064.
Expenditures covered by RUT funds totaled $10,038,385 including $2,997,172 transferred to
capital projects funds for street/bridge construction, $1,157,372 for traffic control and street
lighting and $831,777 for street cleaning and snow removal.
Other funds' receipts were $25,344,384. This includes the streets/bridges portion of General
Obligation debt of $8,427,983, property taxes of $7,923,683, federal grants of $3,498,832 and
transfers in from the Road Use Tax Fund of $3,559,097. Other funds' expenditures were
$24,364,162, including expenditures for street/bridge construction totaling $15,193,879 and debt
service payments of $7,237,891. The street/bridge construction was comprised of various
projects such as Pavement Rehabilitation projects in the amount of $2,178,126, the American
Legion project in the amount of $4,608,076 and the Melrose Avenue Improvements project in the
amount of $3,604,369.
ATTACHMENTS:
Description
FY22 Street Finance Report
Resolution
` aithiADOT
Bureau of Local Systems
Ames, IA 50010
City Street Finance Report
Expenses
Fiscal Year 2022
Iowa City
11/2/2022 9:48:01 AM
General
Fund
Streets
(001)
Road
Use
(110)
Other
Special
Revenues
Debt
Service
(200)
Capitial
Projects
(300)
Utilities
(600 & UO)
Grand
Total
Salaries - Roads/Streets
$90,795
$1,673,756
$321,042
$57,268
$2,142,861
Benefits - Roads/Streets
$675,010
$26,056
$701,066
Training & Dues
$510
$510
Building & Grounds Maint.
& Repair
$29,100
$29,100
Vehicle & Office Equip
Operation and Repair
$60,920
$60,920
Operational Equipment
Repair
$18,095
$18,095
Other Maintenance and
Repair
$77,926
$77,926
Engineering
$1,910,739
$1,910,739
Insurance
$160,000
$160,000
Legal
$15,238
$15,238
Printing
$372
$6,400
$6,772
Rents & Leases
$614,904
$614,904
Technology Expense
$136,490
$136,490
Other Professional
Services
$3,134
$85,237
$88,371
Other Contract Services
$13,475
$30,267
$43,742
Chemicals
$8,687
$8,687
Office Supplies
$582
$6,381
$6,963
Page 1 of 10
iluthiMDOT
Bureau of Local Systems
Ames, IA 50010
City Street Finance Report
Fiscal Year 2022
Iowa City
11/2/2022 9:48:01 AM
General
Fund
Streets
(001)
Road
Use
(110)
Other
Special
Revenues
Debt
Service
(200)
Capitial
Projects
(300)
Utilities
(600 & UO)
Grand
Total
Operating Supplies
$308,070
$308,070
Postage & Safety
$7,932
$7,932
Other Supplies
$140,441
$140,441
Vehicles
$646,253
$646,253
Heavy Equipment
$185,589
$185,589
Other Capital Equipment
$9,967
$69,799
$79,766
Right -of -Way
$64,065
$64,065
Bridges & Culverts
$768,275
$768,275
Street - New Roadway
$11,595
$11,595
Street - Preservation
$2,746,330
$150,000
$2,896,330
Street - Safety/
Environment
$8,749,834
$8,749,834
Other Capital Outlay
$217,634
$217,634
Principal Payment
$6,158,709
$74,561
$6,233,270
Interest Payment
$986,010
$18,611
$1,004,621
Transfer Out
$150,087
$3,409,010
$628,877
$4,187,974
Parking
$834,763
$834,763
Street Lighting
$499,772
$499,772
Traffic Control/Safety
$657,600
$657,600
Depreciation & Building
Utilities
$50,599
$50,599
Accounting/Recording
$4,003
$4,003
Page 2 of 10
ILI V WA DOT
Bureau of Local Systems
Ames, IA 50010
City Street Finance Report
Fiscal Year 2022
Iowa City
11 /2/2022 9:48:01 AM
General
Fund
Streets(110)
(001)(600
1)
Road
Use
..d
Other
Special
Revenues
Debt
Service
(200)
Capitial
Projects
(300)
Utilities
& UO)
Grand
Total
Street Cleaning
$309,251
$309,251
Snow Removal Salaries
$522,526
$522,526
Total
$240, 882
$10,038,385
$949, 919
Page 3 of 10
$7,144,719
$15,043,879
$984,763
$34,402,547
ILI V WA DOT
Bureau of Local Systems
Ames, IA 50010
City Street Finance Report
Revenue
Fiscal Year 2022
Iowa City
11 /2/2022 9:48:01 AM
General
Fund
Streets
(001)
Road
Use
(110)
Other
Special
Revenues
Debt
Service
(200)
Capitial
Projects
(300)
Utilities
(600 & U0)
Grand
Total
Levied on Property
$150,087
$628,877
$7,144,719
$7,923,683
Interest
$57 , 855
$57, 855
Federal Grants
$31,017
$3,467,815
$3,498,832
State Revenues - Road
Use Taxes
$10,170,064
$10,170,064
Other State Grants - IDOT
$363,247
$363,247
Local Contributions
$51
$75,000
$75,051
Charges/fees
$159,862
$634,941
$834,763
$1,629,566
Proceeds from Debt
$8,427,983
$8,427,983
Transfer In
$90,795
$628,877
$321,042
$3,147,260
$4,187,974
Total
$240,882
$10,989,871
$949,919
Page 4 of 10
$7,144,719
$16,174,101
$834, 763
$36,334,255
ai thiM DOT
Bureau of Local Systems
Ames, IA 50010
City Street Finance Report
Bonds/Loans
Fiscal Year 2022
Iowa City
11/2/2022 9:48:01 AM
Band/Loan
Description
Principal
Balance
As of 7/1
Total
Principal
Paid
Total
Interest
Paid
Principal
Roads
Interest
Roads
Principal
Balance
As of 6/30
2021 GO Bonds
$11,325,000
$1,135,000
$41,500
$682,039
$272,-
$10,190,000
Public Works Facility
Internal Loan
$874,667
$74,561
$18,611
$74,561
$18,611
$800,106
2020 GO Bonds
$8,545,000
$1,800,000
-I $1,2561271
1 $232,026
$6,745,000
$332,450
2019 GO Bonds
$7,505,000
$925,000
$154,900
$371,476
$62,207
$6,580,000
2018 GO Bonds
$6,420,000
$855,000
$192,600
$665,618
$149,939
$5,565,000
2017 GO Bonds
$6,100,000
$955,000
$135,263
$558,675
$79,129
$5,145,000
2016 GO Bonds
$4,945,000
$950,000
$108,550
$713,355
$81,510
$3,995,000
2015 GO Bonds
$3,365,000
$805,000
$67,300
$500,066
$41,807
$2,560,000
2014 GO Bonds
$3,000,000
$970,000
$72,575
$560,951
$41,970
$2,030,000
2013 GO Bonds
$1,725,000
$855,000
$32,363
$376,200
$14,240
$870,000
2012 GO Bonds
$1,005,000
$1,005,000
$22,613
$474,059
$10,667
$0
2022 AGO Bonds
$10,255,000
$0
$0
$0
$0
$10,255,000
Page 5 of 10
iluthiMDOT
Bureau of Local Systems
Ames, IA 50010
City Street Finance Report
Equipment
Fiscal Year 2022
Iowa City
11/2/2022 9:48:01 AM
Description
Model Year
Usage Type
Cost
Purchased Status
V5900 GRACO LINELAZER PAINT STRIPER
2020
Purchased
$8,425
No Change
Loader Backhoe John Deere 310SL
2019
Purchased
$101,691
No Change
Crack Sealer Craftco SS1250
2018
Purchased
$40,274
No Change
37240 GVWR Dump Truck Freightliner 108SD
2014
Purchased
$118,334
No Change
37240 GVWR Dump Truck Freightliner 108SD
2014
Purchased
$118,334
No Change
37240 GVWR Dump Truck Freightliner 108SD
2014
Purchased
$118,334
No Change
1/2 Ton Flatbed Ford F150 4x2
2014
Purchased
$24,685
No Change
14000 GVWR Flatbed Ford F350 4x4
2015
Purchased
$49,116
No Change
13700 GVWR Flatbed Ford F350 4x2
2015
Purchased
$38,844
No Change
Endloader Case 621 F
2013
Purchased
$120,644
No Change
13700 GVWR Flatbed Ford F350 4x2
2015
Purchased
$37,873
No Change
14000 GVWR Flatbed Ford F350 4x4
2015
Purchased
$47,260
No Change
Skidloader Bobcat S650
2014
Purchased
$42,111
No Change
38000 GVWR Dump Truck Freightliner 108SD
2019
Purchased
$153,123
No Change
13700 GVWR Utility Ford F350 4x2
2015
Purchased
$43,412
No Change
Message Board Trailer Ver-Mac PCMS-548
2016
Purchased
$15,250
No Change
38720 GVWR Dump Truck Freightliner 108SD
2017
Purchased
$152,625
No Change
38720 GVWR Dump Truck Freightliner 108SD
2017
Purchased
$175,099
No Change
Sign Truck Ford F550
2017
Purchased
$127,149
No Change
1/2 Ton Pickup Ford F150 XL
2018
Purchased
$28,745
No Change
Track Excavator Case CX145D-SR
2018
Purchased
$156,163
No Change
Page 6 of 10
iluthiMDOT
Bureau of Local Systems
Ames, IA 50010
City Street Finance Report
Fiscal Year 2022
Iowa City
11/2/2022 9:48:01 AM
Description
Model Year
Usage Type
Cost
Purchased Status
Air Compressor Sullivan Palatek D185PIZ4
2018
Purchased
$18,946
No Change
Concrete Drill EZ Drill 210B
2017
Purchased
$12,054
No Change
38720 GVWR Dump Truck Freightliner 108SD
2018
Purchased
$159,601
No Change
Street Paint Machine Graco Linelazer 5900
2017
Purchased
$7,750
No Change
Street Paint Machine EZ-Liner AL-120EZ
2017
Purchased
$54,566
No Change
1/2 Ton Pickup Ford F150 XL 4x4 Crew Cab
2018
Purchased
$31,145
No Change
1/2 Ton Pickup Ford F150 4x2
2014
Purchased
$24,042
No Change
Planer Bobcat 24PLA
2019
Purchased
$17,047
No Change
Vibratory Roller Wacker Neuson RD12A-90
2019
Purchased
$13,899
No Change
4 TON FALCON ASPHALT HOT BOX
2020
Purchased
$35,449
No Change
TD6DRMVAH SPAULDING HOOKLIFT HOT BOX
2020
Purchased
$77,889
No Change
DURAPATCHER P2 ONLINE
2020
Purchased
$83,215
No Change
MB05S02 STANLEY CONCRETE BREAKER
2021
Purchased
$6,330
No Change
108SD FREIGHTLINER MUNI DUMPTRUCK
2021
Purchased
$168,841
No Change
108SD FREIGHTLINER MUNI DUMPTRUCK
2021
Purchased
$168,646
No Change
108 SD FREIGHTLINER MUNI DUMP TRUCK
2021
Purchased
$169,069
No Change
Street Sweeper Elgin Pelican Dual
2015
Purchased
$187,000
No Change
1 Ton Utility Cargo Van Ford E350 KUV
2016
Purchased
$34,076
No Change
Skidloader/Bobcat T650
2019
Purchased
$35,003
No Change
13200 GVWR Utility Chevrolet 3500
2016
Purchased
$42,362
No Change
19,500 GVWR 1-1/2 Ton Basket Truck Ford F550
2010
Purchased
$80,629
No Change
Street Sweeper Elgin Pelican Dual
2018
Purchased
$210,039
No Change
Vibratory Roller Bomag BW120AD4
2009
Purchased
$33,840
No Change
Page 7 of 10
iluthiMDOT
Bureau of Local Systems
Ames, IA 50010
City Street Finance Report
Fiscal Year 2022
Iowa City
11/2/2022 9:48:01 AM
Description
Model Year
Usage Type
Cost
Purchased Status
38000 GVWR Dump Truck/Freightliner M2106V
2010
Purchased
$105,000
No Change
38000 GVWR Dump Truck/Freightliner M2106V
2010
Purchased
$105,000
No Change
Air Compressor Ingersol P185CWJD
1993
Purchased
$11,200
No Change
Air Compressor Ingersol P185CWJD
1998
Purchased
$11,200
No Change
Concrete Saw Target Pro 35 III
2004
Purchased
$8,584
Junked
Aerial Platform International Elliott 4700
2001
Purchased
$101,129
No Change
John Deere Motor Grader 772CH
2000
Purchased
$130,000
No Change
550 Ib Concrete Breaker Stanley MB05502
2012
Purchased
$5,990
Junked
Endloader Case 721F
2012
Purchased
$127,750
No Change
37240 GVWR Flusher Truck Frieghtliner 108SD
2014
Purchased
$121,016
No Change
37240 GVWR Dump Truck Freightliner 108SD
2014
Purchased
$118,334
No Change
500 Ib Concrete Breaker Stanley MB05
2019
Purchased
$6,350
No Change
38000 GVWR Dump Truck/Freightliner M2106V
2010
Purchased
$105,000
No Change
Compact Pickup Chevrolet Colorado 4x4 Crew Cab
2019
Purchased
$28,759
No Change
Page 8 of 10
iluthiMDOT
Bureau of Local Systems
Ames, IA 50010
City Street Finance Report
Street Projects
Fiscal Year 2022
Iowa City
11/2/2022 9:48:01 AM
Project Description
Contract Price
Final Price
Contractor Name
Park Road Bridge -Pedestrian Deterrent
$100,330
$103,980
All American Concrete
US Hwy 1-Burlington-Governor Asphalt
Resurfacing
$2,989,880
$2,792,817
LL Pelling
Gilbert St -Court Sidewalk Infill
$70,390
$71,052
All American Concrete
US Hwy 6-Rocky Shore -Sturgis Asphalt
Resurfacing
$3,853,887
$3,621,170
LL Pelling
Beer Creek Sewer Repair
$68,203
$102,932
All American Concrete
Lower Muscatine Area Storm Sewer
Improvements
$763,198
$850,782
Metro Pavers
Gilbert Street Intersection
Improvements
$1,279,260
$1,387,200
Maxwell Construction
2021 Water Pavement Patching
$117,240
$297,154
All American Concrete
Salt Building Demolition
$74,440
$74,440
ECCU Midwest
Asphalt Resurfacing 2020
$2,139,754
$2,251,202
LL Pelling
2021 Summer Sidewalk Repair
$88,965
$77,926
Feldman Construction
Page 9 of 10
iluthiMDOT
Bureau of Local Systems
Ames, IA 50010
City Street Finance Report
Summary
Fiscal Year 2022
Iowa City
11/2/2022 9:48:01 AM
General
Fund
Streets
(001)
Road
Use
(110)
Other
Special
Revenues
Debt
Service
(200)
Capitial
Projects
(300)
Utilities
(600 & UO)
Grand
Total
Begining Balance
$0
$3,343,763
$0
$0
$17,609,197
$150,000
$21,102,960
SubTotal Expenses (-)
$90,795
$6,629,375
$321,042
$7,144,719
$15,043,879
$984,763
$30,214,573
Transfers Out (-)
$150,087
$3,409,010
$628,877
$4,187,974
Subtotal Revenues (+)
$150,087
$10,360,994
$628,877
$7,144,719
$13,026,841
$834,763
$32,146,281
Transfers In (+)
$90,795
$628,877
$321,042
$3,147,260
$4,187,974
Ending Balance
$0
$4,295,249
$0
$0
$18,739,419
$0
$23,034,668
Resolution Number:
Execution Date: Tuesday, November 15, 2022
Signature: Nicole Davies
Page 10 of 10
Prepared by: Nicole Davies, Finance Director, 410 E. Washington St., Iowa City, IA 52240, 319-356-5085
Resolution No. 22-281
Resolution approving the City Street Finance Report for the fiscal
year ending June 30, 2022.
Whereas, the State of Iowa under Iowa Code Section 312.14 requires all cities to submit the Street
Finance Report (SFR) to the Iowa Department of Transportation (DOT) by December 1st of each
year.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that the City Street
Finance Report for the period beginning July 1, 2021, through June 30, 2022, be approved.
Passed and approved this 15th day of November , 2022.
Attest:
It was moved by Weiner
adopted, and upon roll call there were:
Ayes:
x
May
Approved by
City Attorn o 's Office — 11/08/2022
and seconded by Taylor
Nays: Absent:
Alter
Bergus
Harmsen
Taylor
Teague
x Thomas
Weiner
the Resolution be
Item Number: 6.g.
4CITY OF IOWA CITY
!iklii:�� COUNCIL ACTION REPORT
November 15, 2022
Resolution authorizing the installation of speed humps on Dover Street,
between Muscatine Avenue and Wayne Avenue.
Prepared By:
Reviewed By:
Fiscal Impact:
Sarah Walz, Associate Transportation Planner
Kent Ralston, Transportation Planner
Jason Havel, City Engineer
Tracy Hightshoe, Neighborhood and Development Services Director
CI P#S3816
Recommendations: Staff: Approval
Commission: N/A
Attachments: Speed data with proposed speed hump locations.
Resolution.
Executive Summary:
The residents of Dover Street, between Muscatine Avenue and Wayne Avenue, have successfully
completed the City of Iowa City's Traffic Calming Program. A traffic study determined that the
street qualifies for the program based on traffic speeds. Staff discussed the proposal with
residents at a neighborhood meeting. A follow-up survey of neighbors yielded a 58% response
rate. Of those households that responded, 90% indicated their approval of the proposal to install
speed humps.
Background /Analysis:
Residents of Dover Street submitted a petition to the City seeking consideration for the traffic
calming process in the fall of 2021. City staff collected speed measurements and traffic volumes
to determine that the street qualified for the program. The speed limit on Dover Street is 25 MPH.
While the average speed measured on this this portion of Dover Street is 27 MPH, 15% of drivers
are travelling in excess of 31 MPH. This meets the minimum threshold for the traffic calming
program, which requires that 15% of drivers are exceeding the speed limit by 5 MPH or more.
This portion of Dover Street is a popular route for drivers traveling to and from South East Junior
High and for those connecting between the Village Green Neighborhood and Muscatine Avenue.
Daily traffic on this portion of Dover is 1,700-1,800 car trips per day. The pavement width on this
portion of Dover is 25 feet, which is narrower than the current minimum standard of 26 or 28 feet in the
subdivision regulations. On -street parking is allowed on the west side of Dover Street and cars are
frequently parked on the street. The block length between Muscatine and Wayne Avenues is
approximately 730 feet; current subdivision regulations call for block length of 300-600 feet.
Staff reviewed the traffic study and street context with the City Engineer, Streets Department, and
the Fire Department to consider appropriate ways to address the speeding issue and concluded
that speed humps would be the most safe and effective means for lowering speeds.
On September 14, a neighborhood meeting was held to discuss options for slowing speeds. After
discussing the options available, the consensus was to move forward with a survey with the
proposal to install speed humps.
On October 4, a survey was mailed to residents. The City's Traffic Calming Program requires at least
50% of the households surveyed return their survey postcard and, of those that respond, 60% must
indicate support for the proposed traffic calming project. Staff mailed surveys to 17 addresses along
Dover Street. Responses were returned by 10 households; a 58% response rate. Of those responding,
9 households checked "YES" and 1 household checked "NO" with regard to the proposed installation
of speed humps. That is 90% (9 of 10) in support of installation of speed humps. Residents were
notified of the results of the survey by mail.
On November 1, signs were posted along Dover Street, between Muscatine Avenue and Wayne
Avenue. This informs the traveling public of the proposed traffic calming so that anyone interested has
the opportunity to provide input to the City Council.
Funding for traffic calming projects is allocated from a line item in the CI P (S3816). The cost to
construct a single speed hump is approximately $1,500 to $2,000. Staff is recommending 3
speed humps along this portion of the street to meet the optimal spacing necessary to lower
speeds. Speed humps are located so as not to conflict with driveways, intersections, or
stormwater drainage.
With approval of the Resolution, staff will move forward with the installation of speed humps on
Dover Street.
ATTACHMENTS:
Description
Speed data and proposed speed hump locations
Resolution
B�'
I Imo_ ; = v; �t
Dover Street Traffic Data
Y-
piI
r -
1[
�l1`•c�UI,C Ayr`
$
k-r
0 Approximate location for proposed speed humps
Three speed humps are proposed and would be placed in loca-
tions marked with red rectangles above. Speed humps would be
spaced to slow traffic consistently along the blocklength. Vehicles
can pass over speed humps comfortably at 20-25 MPH.
Speed humps are located to avoid driveways, intersections, and
storm sewer intakes. The placement of speed humps should not
interfere with the ability to enter or exit a driveway. Due to the
number and location of driveways, there are limited options for
locating speed humps along this portion of Dover Street.
The speed hump locations shown above are approximate; final
location of speed humps are determined by the City Engineer.
SEE WHAT SPEED HUMPS ARE LIKE: Speed humps were recently
installed on Willow Street, between Muscatine Avenue and
Brookside Drive. This fall, speed humps will be placed on the por-
tion of Dover Street, north of Muscatine, between Perry Court and
the driveway for Willowind School.
Northbound
1,028 vehicles/day
85th percentile 32.14 MPH
Southbound
625 vehicles/day
85th percentile 31.22 MPH
Vehicle volumes and speeds
were measured at 2 locations
over a 72-hour period.
Northbound
1,040 vehicles/day
85th percentile 30.85 MPH
Southbound
753 vehicles/day
85th percentile 32.68 MPH
What Is 85th percentile speed?
This is the speed at which 85% of
drivers are driving at (or below) un-
der free -flowing conditions. Con-
versely, 15% of drivers are operating
above the 85th percentile speed.
Streets are eligible for traffic calming
if the 85th percentile speed is 5 mph
or more above the speed limit.
Prepared by: Sarah Walz, Assistant Transportation Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5239
Resolution no. 22-282
Resolution authorizing the installation of speed humps on Dover Street,
between Muscatine Avenue and Wayne Avenue
Whereas, the City Council has established a traffic calming program for the City of Iowa City for
the purpose of considering neighborhood traffic calming projects; and
Whereas, the residents of Dover Street, between Wayne Avenue and Muscatine Avenue, have
successfully completed the traffic calming process according to the City Council's approved
procedure; and
Whereas, a neighborhood survey has been conducted in accordance with the approved traffic
calming program and a 90% majority of respondents indicated they are in favor of speed humps;
and
Whereas, the City Council finds said proposal to be in the public interest and is consistent with its
adopted traffic calming program.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
1. The proposal for speed humps on Dover Street, between Muscatine Avenue and Wayne
Avenue, is hereby approved.
2. City staff is directed to proceed with the installation of speed humps on Dover Street,
between Muscatine Avenue and Wayne Avenue.
Passed and approved this 15th day of November , 2022.
X-0-gd%)2—
Ayes:
X
x
x
x
x
May
Nays:
Approved by
City Attorn
Absent:
Office — 11/09/2022
Alter
Bergus
Harmsen
Taylor
Teague
x Thomas
Weiner
Item Number: 6.h.
4CITY OF IOWA CITY
!iklii:�� COUNCIL ACTION REPORT
November 15, 2022
Resolution accepting the work for the Willow Creek Streambank Stabilization
Improvements Project.
Prepared By: Ben Clark, Sr. Civil Engineer
Reviewed By: Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact: None
Recommendations: Staff: Approval
Commission: N/A
Attachments: Engineer's Report
Resolution
Executive Summary:
The Willow Creek Streambank Stabilization Improvements Project was completed by CAJ
Enterprises, Inc., of West Branch, Iowa in substantial accordance with the plans and
specifications prepared by McClure Engineering Company of North Liberty, Iowa. The
Engineer's Report and Performance and Payment bonds are on file with the City Clerk.
• Project Estimated Cost:
• Project Bid Received:
• Project Actual Cost:
$170,000.00
$162,109.40
$148,730.64
There were two (2) change orders on this project, which included providing additional topsoil and
final quantity adjustments.
Background /Analysis:
Recent storm events had accelerated streambank erosion along a portion of Willow Creek flowing
through Willow Creek Park near Keswick Drive. If left unchecked, this erosion would undermine
the sidewalk on the south side of Benton Street creating a public safety hazard and an increased
risk of damage to public infrastructure.
ATTACHMENTS:
Description
Engineer's Report
Resolution
ENGINEER'S REPORT
November 8, 2022
City Clerk
Iowa City, Iowa
Re: Willow Creek Streambank Stabilization Improvements Project
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 - 1826
(319) 356 - 5000
(319) 356 - 5009 FAX
www.iegov.org
Dear City Clerk:
I hereby certify that the Willow Creek Streambank Stabilization Improvements Project was
completed by CAJ Enterprises, Inc., of West Branch, Iowa in substantial accordance with the
plans and specifications prepared by McClure Engineering Company of North Liberty, Iowa.
The project was bid as a unit price contract and the final contract price is $148,730.64.
There was a total of two (2) change or extra work orders for the project as follows:
1. Provide Additional Off -site Topsoil 64,576.00
2. Final Quantity Adjustments . $(17,954.76)
TOTAL $(13, 378.76)
I recommend that the above -referenced improvements be accepted by the City of Iowa City.
Sincerely,
Jason Havel, PE
City Engineer
Prepared by: Ben Clark, Engineering Division, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5436
Resolution No.
99-283
Resolution accepting the work for the Willow Creek Streambank
Stabilization Improvements Project.
Whereas, the Engineering Division has recommended that the work for construction of the Willow
Creek Streambank Stabilization Improvements Project, as included in a contract between the City
of Iowa City and CAJ Enterprises, Inc. of West Branch, Iowa, dated January 28, 2022, 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 Benton Street Rehabilitation Project account
#S3947; and
Whereas, the final contract price is $148,730.64.
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 15th
It was moved by Weiner
adopted, and upon roll call there were:
Ayes:
x
x
x
x
x
day of November
, 2022
Approved by
City Attory's Office
(Liz Craig — 11/08/2022)
and seconded by Taylor
Nays: Absent:
Alter
Bergus
Harmsen
Taylor
Teague
x Thomas
Weiner
the Resolution be
Item Number: 6.i.
4CITY OF IOWA CITY
!iklii:�� COUNCIL ACTION REPORT
November 15, 2022
Resolution accepting the work for the Highway 1 Water Main Replacement
Project.
Prepared By: Joe Welter, Sr. Civil Engineer
Reviewed By: Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact: None
Recommendations: Staff: Approval
Commission: N/A
Attachments: Engineer's Report
Resolution
Executive Summary:
Construction of the Highway 1 Water Main Replacement Project has been completed by Maxwell
Construction, Inc. of Iowa City, Iowa, in substantial accordance with the Project Manual developed
by Watersmith Engineering of Muscatine, Iowa. The Engineer's Report and Performance and
Payment bond are on file with the City Clerk.
• Project Estimated Cost:
• Project Bid Received:
• Project Actual Cost:
$460,000.00
$421,455.00
$432,095.20
There were two (2) change orders on this project to revise the water main alignment and adjust for
final project quantities.
Background /Analysis:
The project corridor was along the north side of Highway 1 between Westport Plaza (Walmart
Entrance) and Hawk Ridge Drive. The project included: 1,581 feet of new 12" water main, 213
feet of new 8" water main, fittings, six new valves, two new fire hydrants, restoration of the multiuse
trail pavement, and seeding. Throughout the project, trenchless installation methods were used to
minimize disturbances to the multiuse trail, the highway ditches and other surface features.
Disturbed areas were repaved or hydroseeded.
There were two change orders on this project, as follows:
1. Revised water main profile between Stations 5+50 and 6+00 to resolve the conflict between
the proposed water main and the existing electrical, gas, and water main encountered during
construction ($17,450.00).
2. Adjustment for final quantities (-$6,809.80).
Total Cost Difference for Change Orders: $1 0,640.20
ATTACHMENTS:
Description
Engineer's Report
Resolution
sk As an I Zit'
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 - 1826
(319) 356 - 5000
(319) 356 - 5009 FAX
www.icgov.org
ENGINEER'S REPORT
November 3, 2022
City Clerk
Iowa City, Iowa
Re: Highway 1 Water Main Replacement Project
Dear City Clerk:
I hereby certify that the Highway 1 Water Main Replacement Project has been completed by
Maxwell Construction, Inc. of Iowa City, Iowa, in substantial accordance with the Project Manual
developed by Watersmith Engineering of Muscatine, Iowa.
The project was bid as a unit price contract and the final contract price is $432,095.20.
There were two (2) change orders on this project, as follows:
1. Revised water main profile between Stations 5+50 and 6+00 to resolve the conflict between
the proposed water main and the existing electrical, gas, and water main encountered during
construction ($17,450.00).
2. Adjustment for final quantities (-$6,809.80).
Total Cost Difference for Change Orders: $10,640.20
I recommend that the above -referenced improvements be accepted by the City of Iowa City.
Sincerely,
Alf
Jason Havel, PE
City Engineer
Prepared by Joe Welter, Engineering Division, Public Works, 410 East Washington Street, Iowa City, Iowa 52240 (319) 356-5144
Resolution No. 22-284
Resolution accepting the work for the Highway 1 Water Main
Replacement Project
Whereas, the Engineering Division has recommended that the work for construction of the Highway
1 Water Main Replacement Project, as included in a contract between the City of Iowa City and
Maxwell Construction, Inc. of Iowa City, Iowa, dated February 10, 2022, 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 Hwy 1 (Hawk Ridge to Walmart) Water Main
Replacement, Account Number W3313; and
Whereas, the final contract price is $432,095.20.
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 15th day of November
Attest:
City Clerk
It was moved by Weiner
adopted, and upon roll call there were:
, 2022
Approved by
City Attorns Office
(Liz Craig — 11/08/2022)
and seconded by Taylor
Ayes: Nays: Absent:
x Alter
x Bergus
x Harmsen
x Taylor
x Teague
x Thomas
Weiner
the Resolution be
Item Number: 6.j.
4CITY OF IOWA CITY
!iklii:�� COUNCIL ACTION REPORT
November 15, 2022
Resolution accepting the work for the Pepperwood Plaza Sanitary Sewer
Replacement Project.
Prepared By: Joe Welter, Sr. Civil Engineer
Reviewed By: Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact: None
Recommendations: Staff: Approval
Commission: N/A
Attachments: Engineer's Report
Resolution
Executive Summary:
Construction of the 2022 Pepperwood Plaza Sanitary Sewer Replacement Project has been
completed by B.G. Brecke, Inc. of Cedar Rapids, Iowa, in substantial accordance with the Project
Manual developed by the City of Iowa City Engineering Division. The Engineer's Report is on file
in the City Engineer's Office.
• Project Estimated Cost:
• Project Bid Received:
• Project Actual Cost:
$96,000.00
$96,175.00
$88,722.50
There was one change order on the project to balance out final quantities. The total cost
difference for change orders was -$7,452.50.
Background /Analysis:
This project included: replacement of the public sanitary sewer main and manholes within an
existing easement prior to redevelopment of the property at 985 Highway 6 East, Iowa City, Iowa
52240. The City of Iowa City Engineering Division developed the design for this project and
estimated the cost of the project as $96,000.
There was one change order to balance out final quantities. The total cost difference for change
orders was -$7,452.50.
Record documents were compiled by the Engineering Division with the assistance of the
Contractor.
ATTACHMENTS:
Description
Engineer's Report
Resolution
I r
t roi fi
iminapu
fir
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 - 1826
(319) 356 - 5000
(319) 356 - 5009 FAX
www.icgov.org
ENGINEER'S REPORT
November 3, 2022
City Council
Iowa City, Iowa
Re: 2022 Pepperwood Plaza Sanitary Sewer Replacement Project
Dear City Council:
I hereby certify that the 2022 Pepperwood Plaza Sanitary Sewer Replacement Project has been
completed by B.G. Brecke, Inc. of Cedar Rapids, Iowa, in substantial accordance with the Project
Manual developed by the City of Iowa City Engineering Division.
The project was bid as a unit price contract and the final contract price is $88,722.50.
There was one (1) change order on the project to balance out final quantities. The total cost of
the change order was -$7,452.50.
I recommend that the above -referenced improvements be accepted by the City of Iowa City.
Sincerely, l
Jason Havel, PE
City Engineer
Prepared by: Joe Welter, Engineering Division, Public Works, 410 East Washington Street, Iowa City, Iowa 52240 (319) 356-5144
Resolution No. 22-285
Resolution accepting the work for the Pepperwood Plaza Sanitary
Sewer Replacement Project.
Whereas, the Engineering Division has recommended that the work for construction of the 2022
Pepperwood Plaza Sanitary Sewer Replacement Project, as included in a contract between the City
of Iowa City and B.G. Brecke, Inc. of Cedar Rapids, Iowa, dated September 6, 2022, be accepted;
and
Whereas, the Engineer's Report and the performance, payment and maintenance bond have been
filed in the City Engineer's office; and
Whereas, funds for this project are available in the Annual Sewer Main Replacement, Account
#V3101; and
Whereas, the final contract price is $88,722.50.
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 15th day of November , 2022
Attest:
City Clerk
It was moved by Weiner
adopted, and upon roll call there were:
Approved by
City Attorney' Office
(Liz Craig — 11/09/2022)
and seconded by Taylor
Ayes: Nays: Absent:
x Alter
x Bergus
Harmsen
x
Taylor
Teague
x Thomas
Weiner
the Resolution be
Item Number: 6.k.
4CITY OF IOWA CITY
!iklii:�� COUNCIL ACTION REPORT
November 15, 2022
Resolution accepting the work for the Highway 1 Trail — Sunset Street to
Mormon Trek Boulevard Project [TAP-U-3715(665)-81-52].
Prepared By: Joe Welter, Sr. Civil Engineer
Reviewed By: Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact: None
Recommendations: Staff: Approval
Commission: N/A
Attachments: Engineer's Report
Resolution
Executive Summary:
Construction of the Highway 1 Trail — Mormon Trek Boulevard to Sunset Street Construction
Project has been completed by Peterson Contractors, Inc. of Reinbeck, Iowa, in substantial
accordance with the plans and specifications developed by Shive-Hattery of Iowa City, Iowa. The
Engineer's Report is on file with the City Clerk.
• Project Estimated Cost:
• Project Bid Received:
• Project Actual Cost:
$801,000.00
$758,545.25
$785,422.34
There were eight (8) change orders on the project, which included revisions to traffic control,
drainage improvements, fire hydrant replacements, erosion control and other associated work.
Background /Analysis:
The project corridor is along the northside of Highway 1 between Mormon Trek Boulevard and
Sunset Street and added approximately one-half mile of ten -foot wide multiuse trail. The trail
segment was a priority for bicycle and pedestrian connectivity and addressed a gap in the City's
side path network due to the high speeds and volume of vehicular traffic on Highway 1.
ATTACHMENTS:
Description
Engineer's Report
Resolution
ENGINEER'S REPORT
November 7, 2022
City Clerk
Iowa City, Iowa
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 - 1820
(319) 356 - 5000
(319) 356 - 5009 FAX
www.icgov.org
Re: Highway 1 Trail — Mormon Trek Boulevard to Sunset Street Construction Project
Dear City Clerk:
I hereby certify that the Highway 1 Trail — Mormon Trek Boulevard to Sunset Street Construction
Project has been completed by Peterson Contractors, Inc. of Reinbeck, Iowa, in substantial
accordance with the plans and specifications developed by Shive-Hattery of Iowa City, Iowa.
The project was bid as a unit price contract and the final contract price is $785,422.34.
There were eight change orders on this project, as follows:
1. Traffic control revisions
2. Addition of subdrains to stormwater drainage improvements
3. Removal of Traffic Signalization item
4. Addition of Iowa City castings, adjustment to manhole, repair of intake,
and addition of profile gaskets to storm sewer pipe
5. Removal of Flaggers item and addition of Temporary Traffic Signals
item
6. Replacement of fire hydrants
7. Addition of revetment and rock check dams
8. Adjustment for final quantities
Total:
$4,500.00
$10,899.95
-$35,218.00
$17,765.86
$0.00
$16,202.30
$18,870.00
-$6,143.03
$26,877.08
I recommend that the above -referenced improvements be accepted by the City of Iowa City.
Jason Havel, PE
City Engineer
Prepared by: Joe Welter, Engineering Division, Public Works, 410 East Washington Street, Iowa City, Iowa 52240 (319) 356-5144
Resolution No. 22-286
Resolution accepting the work for the Highway 1 Trail — Sunset
Street to Mormon Trek Boulevard Project [TAP-U-3715(665)-8I-
52]
Whereas, the Engineering Division has recommended that the work for construction of the Highway
1 Trail — Sunset Street to Mormon Trek Boulevard Project [TAP-U-3715(665)-81-52], as included
in a contract between the City of Iowa City and Peterson Contractors, Inc. of Reinbeck, Iowa, dated
April 16, 2019, 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 Highway 1 Sidewalk/Trail, Account Number
R4225; and
Whereas, the final contract price is $785,422.34.
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 15th day of November , 2022
Attest:
City Clerk
It was moved by Weiner
Approved by
City Attorn o 's Office
(Sara Greenwood Hektoen — 11/10/2022)
and seconded by Taylor
adopted, and upon roll call there were:
Ayes: Nays: Absent:
x Alter
x Bergus
x Harmsen
x Taylor
x
Teague
X Thomas
Weiner
the Resolution be
Item Number: 6.1.
4CITY OF IOWA CITY
�� COUNCIL ACTION REPORT
November 15, 2022
Resolution approving the purchase agreement with Lake Calvin Properties, LLC for approximately 21.83 acres
south of Lehman Avenue, north of the Wastewater Treatment Plant.
Prepared By: Ron Knoche, Public Works Director
Reviewed By: Geoff Fruin, City Manager
Fiscal Impact: $640,000 available in the Wastewater Fund.
Recommendations: Staff: Approval
Commission: N/A
Attachments: Purchase Agreement
Resolution
Executive Summary:
The City has negotiated a purchase agreement with Lake Calvin Properties, LLC for
approximately 21.83 acres of undeveloped agricultural real estate north of the existing Wastewater
Treatment Plant, south of Lehman Avenue. City ownership of this land will ensure a buffer
between anticipated development and the treatment plant consistent with I DNR regulations. The
purchase price is based upon a recent appraisal.
Background /Analysis:
The Iowa City Wastewater Treatment Plant was constructed in 1990 and the plant has had
two expansion projects. The last expansion project completed in 2016 was a $44 million
upgrade that allowed the North Wastewater Treatment Plant to be decommissioned and the
Riverfront Crossing Park to be developed.
The Iowa Department of Natural Resources Wastewater Facilities Design Standards
generally requires a separation distance of 1,000 feet between wastewater treatment
facilities and the nearest inhabitable residence, commercial building or other inhabitable
structure, with limited exceptions.
The City recently adopted an amended Future Land Use map for the South District, which
shows this area as appropriate for public open space and mixed use development to the
north. With development anticipated in the South District, it is prudent for Iowa City to
protect the ability to expand operations in the future at the Wastewater Treatment Plant. The
land purchased will continue to be farmed or used as open space, as determined by the
City.
ATTACHMENTS:
Description
Resolution
Agreement
Prepared by: Sara Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
Resolution Number: 22-287
Resolution approving the purchase agreement with Lake Calvin
Properties, LLC for approximately 21.83 acres south of Lehman
Avenue, north of the Wastewater Treatment Plant.
Whereas, Lake Calvin Properties, LLC owns approximately 21.83 acres of undeveloped
agricultural real estate north of the existing Wastewater Treatment Plant, south of Lehman
Avenue; and
Whereas, the City desires to acquire said real estate to ensure a buffer is provided
consistent with Iowa Department of Natural Resources regulations between the Plant and
anticipated development north of the Wastewater Treatment Plant; and
Whereas, the City has negotiated a Purchase Agreement for said property subject to
Council approval, in the amount of $640,000; and
Whereas, the purchase price is based on a recent appraisal secured by the City;
and
Whereas, it is in the best interests of the City to acquire said property.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
1. The attached Purchase Agreement is approved by the City Council.
2. Upon direction of the City Attorney, the Mayor is authorized to sign and the City Clerk to
attest any and all documentation necessary to effectuate the purchase of the property
pursuant to the Purchase Agreement as approved herein.
Passed and approved this 15th
Attest: i
City Clerk
Approved by:
G '
City Attor y's Office — 11/10/2022
day of November , 20 22 .
Resolution No.
Page 2
22-287
It was moved by Weiner and seconded by Taylor
the Resolution be adopted, and upon roll call there were:
Ayes: Nays: Absent:
x Alter
x Bergus
Harmsen
x Taylor
x Teague
x x Thomas
Weiner
Execution copy
PURCHASE AGREEMENT
THIS REAL ESTATE PURCHASE AGREEMENT (this "Agreement"), dated this 19th
day of October, 2022 (")~ffcclive Date"), by and between Lake Calvin Properties, LLC, an Iowa
limited liability company, ("Seller") and City of Iowa City, Iowa, a municipal corporation
("Buyer").
I. Purchase and Sale. In consideration of the mutual covenants and agreements set forth
herein and other good and valuable consideration, the receipt and sufficiency of which arc
hereby acknowledged, Buyer agrees to purchase and acquire from Seller, and Seller agrees to sell
and convey to Buyer, approximately 21.83 acres of real estate shown on the attached Exhibit
A, excluding therefrom that portion under contract for sale to MidAmerican Energy
Company as depicted on Exhibit B, comprised of portions of tax parcels #1026476003 and
#1026476004, located south of Lehman Road, Iowa City, Iowa (the "Property"), together
with (i) all improvements, structures and fixtures now constructed with respect to and situated on
such real property; (ii) all the rights and appurtenances pertaining to such real property, subject
to any easements of record for public utilities; (iii) any and all water, water rights, oil, gas or
minerals lying within or that are appurtenant to such real property and any rights with respect
thereto; (v) any and all leases and security deposits with respect to such real property; (vi) all
warranties or guaranties with respect to any portion of such real property; and (vii) all licenses
and permits related to such real property.
a. Seller and Buyer agree that the final legal description to be used in the deed will be
finally determined and verified by survey, to be completed at Buyer's cost, for the land to be
acquired.
b. Seller shall properly and lawflully terminate any existing farm tenancies to the Property
and provide Buyer with written proof of same. Seller shall also terminate any other tenant
interests in any portion of the Property in accordance with law or applicable agreement prior to
the Closing Date so that the Property is conveyed to Buyer free and clear of any lease.
2. Purchase Price. Buyer agrees to pay and Seller agrees to accept payment of $640,000
("Purchase Price") on the Closing Date, plus or minus proration, by transfer of good funds
delivered to Seller. Buyer agrees to take title subject to the Drainage Easement depicted by
the cross hatched area on Exhibit B, and subject to the existing farm lease encumbering the
Property, which Seller shall terminate effective March 1, 2023.
3. Evidence of Title and Abstract. Seller shall obtain an abstract of title to the Property
continued through the Effective Date and deliver it to Buyer for examination. It shall show
merchantable title in Seller in conformity with this Agreement, lowa law, and Title Standards of
the lowa State Bar Association. The abstract shall become the property of the Buyer when the
purchase price is paid in full. Seller shall pay the costs of any additional abstracting and title
work due to any act or omission of Seller.
4. Seller's Deliveries. Within ten 00) business days after the Effective Date, Seller shall
deliver or cause to be delivered to Buyer any leases, unrecorded easements, or contracts affecting
the Property that will be in effect at the time of the Closing Date ("Seller's Deliveries").
100462564 2)
5. Inspection Period. "inspection Period" means a period expiring at 5:00 pan. (Central
Time) one hundred days (100) days after the later to occur of the Effective Date or thc date of
which all of Seller's Deliveries have been delivered to Buycr pursuant to Section 4.
(a) The obligation of Buyer to close the transaction contemplated hereby is subject to
Buyer's satisfaction with and approval of, in Buyer's sole and absolute discretion. Seller's
Deliveries and everything, matter, or itern related to the Property or Buyer's purchase thereof,
including titre and survey matters. Buyer shall have thc right to terminate this Agreement for
its disapproval or dissatisfaction of the Property, in Buyer's sole and absolute discretion,
upon written notice thereof to Seller given prior to the expiration of the Inspection Period.. If
Buyer terminates this Agreement pursuant to its rights hereunder and upon any such termination
neither Party shall have any further obligation hereunder. Nothing in this Section Na) shall limit
Buyer's rights under Sections 5(bj or 5(c).
(b) Buyer shall, at Buyer's expense, obtain a survey of the Property (the " purvey"). If
the Survey shows any encroachment on the Property or improvements or if any of the
improvements encroach on the lands of others, such encroachments shall be treated as a title
defect. The survey shall be used to convey title to Buyer as contemplated by this Agreement.
(c) If Buyer, at its option, gives to Seller within five (5) business days after the
expiration of the Inspection Period, one or more written notices of any dissatisfaction of any title
or survey matter with respect to the Property, Seiler shall take action necessary to cure, correct,
or otherwise satisfy or perform the matters noted. Nothing in this Scctigu shall limit
Buyer's rights under Section 5(a) or 5(b).
6. Affirmative Covenants of Seller. Seller agrees as follows:
(a) From and after the Effective Date, Seller shall not, without the prior written
consent of Buyer, enter imo any transaction with respect to or affecting any part of the Property,
or create or permit the creation of any new title exception affecting any part of the Property,
enter into any lease. mortgage, easement, construction contract or other contract affecting any
part of the Property or the development thereof, alter or improve the Property, or commit or
suffer any waste to the Property.
(b) Seller shall permit Buyer access to the Property prior to the Closing Date to
conduct such surveys, inspections and tests as Buyer shall require. During thc Inspection Period,
Buyer shall be permitted to enter the Property to perform surveys, inspections, investigations and
tests, including, without limitation, topographical, geotechnical, structural and environmental
tests in Buyer's discretion to determine the physical condition, suitability and feasibility of the
Property in coordination with the Seller so Seller may be present. If Buyer determines. in its
discretion, that the Property is not appropriate for Buyer's intended use. Buyer shall have the
right to terminate this Agreement pursuant to Section 5(a). Seller acknowledges that, prior to the
expiration of the Inspection Period, Buyer has limited access to, but no ownership or control of,
any portion of the Property, and Buyer's access during the Inspection Period shall not cause
Buyer to be considered an owner or operator of Property for purposes of environmental laws.
Buyer acknowledges that the Property is currently subject to a farm tease. Buyer shall not
damage any crops on the Property and shall promptly repair and restore any damage caused
by such access. Buyer hereby agrees to indemnify and hold harmless Seller from any and all
claims. injuries, damages, costs (including reasonable attorney fees and court costs) and other
liabilities arising as a result of Buyer's and/or its agent's exerciscof this right of access.
?00462564 21
7. Representations and Warranties of Seller. To induct Buyer to execute, deliver and
perform this Agreement, Seller hereby represents and warrants to Buyer on and as of the
Effective Date and on and as of the Closing Date as follows: (a) Seller is the sole owner of the
Property, title is vested in Seller and Seller has good and marketable title to the Property free and
clear of liens, security interess, encumbrances, private easements, occupancy agreements,
options, rights of first refusal and restrictions of every kind and description except for any liens
related to indebtedness for borrowed money that Seller will cause to be discharged at or prior to
the Closing; (b) there are no claims, causes of action or litigation or administrative proceedings
pending or, to Seller's knowlcdgc. threatened with respect to the ownership or operation of the
Property, including, without limitation, disputes of tenants, employees, government authorities,
environmental grroups, prior owners, utilities, contractors, adjoining landowners or suppliers of
goods and services; and (c) Seller has no knowledge of any substance, chemical or waste on or
affecting the Property that is identified as hazardous, toxic or dangerous in any applicable
federal, state or local law or regulation. Seller has no knowledge that the Property has been used
at any time as waste dump site nor has it been used to store hazardous waste or materials that
cause a present or future hazard to the groundwater or the environment, and to the best
knowledge of and belief of Seller, the Property is substantially free of all latent and non -apparent
hazards and characteristics which would impair the use of the Property for Buyer as
contemplated herein. Seller shall notify Buyer if any of Seller's representations and warranties
under this Agreement are or become untrue immediately upon Seller's discovery thereof:
8. Conditions to Closing.
(a) Buyer's obligation to complete the Closing contemplated herein is conditioned
upon each of the following: (i) all representations and warranties of Seller shall be true and
correct in all material respects as of the Closing; (ii) Seiler shall have observed and performed all
of Seller's covenants and obligations under this Agreement as and when required herein; and
(iii) Seller shall have executed and delivered all documents and instruments required by this
Agreement as of the Closing.
(b) Seller's obligation to complete the Closing contemplated herein is conditioned
upon Buyer having delivered (i) the Purchase Price in the form called 1'or herein and (ii) the
documents required to be executed and delivered by Buyet at the Closing.
9. Closing and Possession. "Closing Date" means the date which is thirty (30) days after
the expiration of Buyer's Inspection Period, unless such date falls on a weekend or holiday,
in which case the Closing Date shall be the next business day thereafter_
(a) At Closing, Seller shalt execute and deliver (i) a Warranty Deed conveying the
Property to the Buyer free and clear of liens and encumbrances: (ii) a certification of Seller's
non -foreign status pursuant to Section 1445 of Internal Revenue Code of 1986, as amended, of
the United States of America (the "Code"); (iii) such other releases, tenninations, affidavits, bills
of sale, assignments and conveyance documents as Buyer may require to consummate the sale of
the Property; (iv) evidence of Seller's authority to consummate the transactions herein; and (v)
the closing statement (the "Closir Statement").
(b) Neither Party will be required to be present in person at the Closing if such Party
has delivered nil of the items it is required to deliver at the Closing on or before the Closing.
0n46 564 2t
10. Proration.
(a) Buyer shall receive a credit against the Purchase Price for the amount of current
real estate and personal property taxes levied against the Property that are unpaid as of the
Closing Date and that are allocable to the period prior to and including the Closing Date (based
on thc actual number of days elapsed in a year over the total number of days in such year), the
amount of such credit to be determined on the basis of the current tax bills for the Property or, if
the same are not available on the day of the Closing, the most recent ascertainable assessed value
and tax rate, with the Parties agreeing to re -prorate said taxes upon the receipt of the actual tax
bills for the Property. Seller shall be responsible for paying the real estate taxes for all periods
prior to the tax year in which the Closing occurs out of Seller's own funds and Seller shall
provide evidence of the payment thereof at or prior to the Closing Date.
(b) Other items customarily adjusted upon the sale of a property similar to the
Property shall be adjusted by the Parties. Seller and Buyer shall diligently attempt to determine
the exact amounts of proration and adjustments prior to or at the Closing; provided however,
that the Parties acknowledge that exact amounts may not be available at the Closing and agree to
re -prorate such items following the Closing based upon final bills or statements.
(c) Special Assessments. Seller shall pay all special assessments which are a lien on
the Property as of the Closing.
11. Expenses.
(a) Buyer shall pay for (i) all costs of Buyer's inspection of the Property; (ii) the costs
of the Survey; (iii) the cost of recording the Deed; (iv) any and all transfer taxes, deed stamps or
other taxes due in connection with the sale or conveyance of the Property contemplated herein;
and (v) the fees and expenses of Buyer's counsel.
(b) Seller shall pay for (i) the fees and expenses of Seller's counsel; and (ii) the costs
of recording and/or filing any releases relating to any liens against Seller's interest in the
Property.
12. Casualty or Condemnation. If, prior to the Closing, any of the improvements on the
Property are destroyed or damaged, or if any part of the Property is subject to a condemnation
proceeding, Seller shall promptly notify Buyer thereof and Buyer shall have the option,
exercisable by delivery of written notice to Seller within fifteen (15) days after Buyer receives
such notice, to terminate this Agreement. If Buyer does not elect to terminate this Agreement as
provided above, Seller shall, at the Closing, (a) assign or pay to Buyer all insurance or
condemnation proceeds collected or claimed and the amount of any deductible or co-insurance
applicable to damage or destruction, or (b) reduce the Purchase Price by an amount equal to the
cost to repair or to replace thc portion of the Property damaged or destroyed, which amount is
subject to the approval of Buyer. In connection with any such assignment under subsection (a)
above, Seller shall cause Seller's insurance carrier to acknowledge such assignment and agree to
pay to Buyer any proceeds of such insurance. Seller shall not settle any such proceedings
without Buyer's consent, and Seller shall, at the Closing, assign or pay to Buyer all
condemnation awards collected or claimed relative to such taking.
13. Remedies of the Parties:
(a) If Buyer fails to timely perform this Agreement, Seller may forfeit it as provided
in the Iowa Code (Chapter 656), and all payments made shall be forfeited; or, at Seller's
(00462564 21
option, upon thirty days written notice of intention to accelerate the payment of the
entire balance because of Buyer's default (during which thirty days the default is not
corrected), Seller may declare the entire balance immediately due and payable.
Thereafter this Agreement may be foreclosed in equity and the Court may appoint a
receiver.
(b) If Seller fails to timely perform this Agreement, Buyer has the right to have
all payments made returned to it.
(c) Buyer and Seller arc also entitled to utilize any and all other remedies or
actions at law or in equity available to them, and the prevailing parties shallbc entitled to
obtain judgment for costs and attorney fees.
14. Survival. All representations, warranties, covenants, agreements and obligations of the
Parties shall, notwithstanding any investigation made by either Party, survive the Closing and the
same shall inure to the benefit of and be binding upon the respective successors and assigns of
the Parties.
15. Notices. Seller and Buyer may send notices hereunder on behalf of their respective
clients, such notices to have the same force and effect as notices delivered hereunder by the
Parties. Any notice required or permitted to be given hereunder by one Party to the other shall
be in writing and shall be effective (i) when delivered in person; (ii) if delivered by courier, one
(1) day after being deposited with a reputable overnight courier such as FedEx or UPS; (iii) e-
mail with notices consisting of a PDF attachment; or (iv) if delivered by mail, two (2) days after
being deposited with the United States Postal Service, postage prepaid, certified mail, return
receipt requested, at the addresses set forth below (either Party may change its address for notice
by delivering written notice to the other Party in accordance with the terms hereof):
Notices to Seller:
With a copy to:
Notices to Buyer:
Lake Calvin Properties, LLC
Attn: Steve Gordon
2871 Heinz Road, Suite B
Iowa City, IA 52240
(email: sgordon@ammanagement.net)
Michael J. Pugh
Pugh Hagan Prahm PLC
425 E. Oakdale Blvd., Suite 201
Coralville, IA 52240
(email: mpugh@pughhagan.com)
City of Iowa City, Iowa
City Attorney
410 East Washington Street
Iowa City, Iowa 52240
(email: egoersa iowa-citv.oru)
145. Miscellaneous. This Agreement represents the entire agreement between the Parties with
respect to the subject matter hereof, and all prior negotiations and oral or written
(00462564 2
communications or agreements between the Parties concerning the subject matter hereof are
superseded hereby. This Agreement may not be amended, modified or discharged nor may any
of its terms be waived except by an instrument in writing signed by the Party to be bound
thereby. This Agreement may be executed in any number of counterparts and by facsimile, each
of which shall be deemed an original but all of which together shall constitute one and the same
instrument. Time is of the essence of this Agreement. Seller or Buyer may not assign its rights
or delegate its obligations hereunder without the prior written consent of the other Party. This
Agreement shall be governed by and construed in accordance with the laws of the State of lowa
without regard to its conflicts of laws talcs. If any term, covenant or condition of this
Agreement, or the application thereof to any person or circumstance, shall to any extent be
invalid or unenforceable, the remainder of this Agreement, or the application of such term,
covenant or condition to persons or circumstances other than those as to which it is invalid or
unenforceable, shall not be affected thereby and each term, covenant and condition of this
Agreement shall be valid and enforceable to the fullest extent permitted by law. The prevailing
Party in any dispute arising out of this Agreement shall be paid its legal fees and expenses by the
non -prevailing Party. If the date for performance of any act hereunder, or if the date of
expiration of any time period hereunder, falls on a Saturday, Sunday or legal holiday observed in
the State, than the time for performance thereof, or the date of expiration thereof, shall be
deemed extended to the next successive business day. "Business day" means any day other than
a Saturday, Sunday or legal holiday observed by the City.
17. Seller's I031 Exchange. Seller reserves the right to seek to effect a non -
simultaneous like -kind exchange pursuant to Section 1031 of the Internal Revenue Code
in connection with the conveyance of the Property. In that event, prior to the transfer of
the Property, Seller may assign its rights under this Agreement to a neutral third party
(an "Exchange Fariliroror"). The Exchange Facilitator will assume and fulfill the
contractual obligations of the assignor at the time and in the manner set forth herein and
each party will cooperate reasonably with the other with respect to such exchange,
provided, however Buyer (a) shall not be required to incur any costs or expenses as a
result of or connected with Seller's structuring of this transaction as a like -kind
exchange; (b) makes any warranty or representation whatsoever with respect to the
qualification of the transaction for like -kind exchange treatment under Section 1031; or
(c) shall have any responsibility, obligation or liability with respect to the tax
consequences of the transaction to the Seller. Any and all representations and warranties
made by either party in connection with this Agreement shall remain in full force and
effect and continue to inure to the benefit of otherparty, notwithstanding the assignment
of this Agreement to a third party in connection with such like -kind exchange. If Seller
elects to pursuc a 1031 cxchangc, Seller shall notify the Buyer of its intent and provide
appropriate instructions to be followed to complete the transaction in compliance with
all applicable laws. This Agreement is not contingent upon Seller perfecting such 1031
Exchange.
18. City Council Approval. This Agreement is subject to approval by the City Council of
Iowa City, as required by Section 364.7 of the Code of lows
19. Basic Information. All capitalized terms used in this Agreement shall have the meanings
specified in the Basic Information, unless otherwise defined herein.
1004625b4 21
IN WITNESS WHEREOF, this Agreement is executed as of the date set forth below.
BUYER
City of Iowa City, Iowa
a municipal co
By:
Geoff Fein. City Manager
Date: October f 7 , 2022
{00462564 2}
SELLER:
Lake Calvin Properties, LLC,
An Iowa limited liability company
By:
Steve Gordon, Vice President of AM Management,
Inc., Its Manager
Date: October , 2022
Exhibit "A"
Wastewater Buffer Proposal Purchase
Lake Caviri Properties, LLC
1026127001 1026403003
102645140Z
1026476003
1000 Buffer
18.28 acres
.4400.0.511.•
,„yi • iamOv..,•K 31,33.
„„,
rltI
'VW 11Y4Ma
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Item Number: 11.
4CITY OF IOWA CITY
!iklii:�� COUNCIL ACTION REPORT
November 15, 2022
Resolution adopting a Land Acknowledgement recognizing Indigenous
Peoples and their traditional territories on which we live.
Prepared By: Geoff Fruin, City Manager
Reviewed By: Eric Goers, City Attorney
Fiscal Impact: No Impact
Recommendations: Staff: Approval
Commission: N/A
Attachments: Resolution
Executive Summary:
This item formally adopts a land acknowledgement statement. The resolution was drafted by
Council Weiner and informed by similar land acknowledgement statements prepared and adopted
locally by non-profit and public institutions. The resolution aligns with the City Council's Racial
Equity, Social Justice and Human Rights vision statement that is being finalized with the FY2023-
FY28 Strategic Plan.
Background /Analysis:
The forthcoming City Council FY2023-FY28 Strategic Plan includes future vision statements that
help illustrate identified values of the community. These future vision statements provide a north
star and are intended to help guide actions of the City Council and staff. The Racial Equity, Social
Justice and Human Rights future vision statement reads:
Iowa City welcomes and celebrates cultural diversity throughout the community, and accurate
cultural historical perspectives are acknowledged and commemorated. Each community
member understands how systemic inequities have disadvantaged and marginalized some
populations and are equipped with the skills to disrupt bias. Growth and healing occurs as the
City proactively addresses racial inequalities and social injustices. The City has removed and
addressed systemic barriers present in all facets of city government including policies, land
use decisions, programs, services, and employment. Partnerships with businesses, schools,
and non-profit organizations facilitate equitable access to opportunity across all sectors. City
employees, boards and commission members, and other advisory and decision -making
entities reflect the diversity of the Iowa City community. The presence of equity, inclusion, and
belonging is identifiable in all City operations and activities.
The prepared land acknowledgement resolution aligns with this future vision statement. Upon
formal adoption, staff will identify an appropriate place on the City's website for the land
acknowledgement resolution and will also develop ways to inform people reading the City Council
agenda and entering Emma Harvat Hall.
ATTACHMENTS:
Description
Resolution
Prepared by: Council Member Janice Weiner
Resolution number: 22-288
Resolution adopting a Land Acknowledgement recognizing Indigenous
Peoples and their traditional territories on which we live.
Whereas, a Land Acknowledgement is a formal statement that recognizes and respects
Indigenous Peoples as traditional stewards of this land and the enduring relationship that
exists between Indigenous Peoples and their traditional territories; and
Whereas, to recognize the land is an expression of gratitude and appreciation to those
whose territory on which we reside, and a way of honoring the Indigenous people who have
been living and working on the land from time immemorial; and
Whereas, it is essential to understand the long-standing history that has brought us to
reside on the land, and to seek to understand our place within that history; and
Whereas, acknowledging the land is Indigenous protocol; and
Whereas, the U.S. Supreme Court has acknowledged that tribal governments are the
oldest sovereigns on the continent —Native American sovereignty predates the sovereignty
of the U.S.; and
Whereas, the United States, initially contemplating Native nations as preconstitutional and
extraconstitutional international sovereigns, ratified 370 treaties and entered into 45 more
with Native nations between 1778 and 1871; and
Whereas, treaties used to remove American Indians from Iowa include:
1. Treaty of St. Louis, November 03, 1804
2. Treaty with the Sauk and Fox and loway Indians, August 04, 1824
3. Treaty of Prairie du Chien, August 19, 1825
4. Treaty of Black Hawk Purchase, September 21, 1832
5. Treaty with the Sacs and Foxes, September 27, 1836
6. Treaty with the Winnebago, November 01, 1837
7. Treaty with the Sauk and Fox, October 11, 1842
8. Treaty with Potawatomi Nation, June 05 and 17, 1846
9. Treaty with the Sioux, August 05, 1851; and
Whereas, we recognize that as citizens of the land, this city, the state of Iowa, and the
United States of America, we are all enriched and informed by recognizing, learning from,
and applying our history; and
Whereas, we acknowledge that the City of Iowa City sits on land once occupied by
numerous different groups of Native American people; and
Whereas, through several treaties with the United States, tribal nations ceded land in Iowa
to make way for the state of Iowa and ultimately the City of Iowa City; and
Resolution 22-288
Page 2
Whereas, the dealings between the United States and American Indian tribal nations were
not always honorable, and some of the provisions of these treaties have been broken; and
Whereas, we owe a debt of gratitude to the tribal nations that occupied this land previously;
and
Whereas, these tribal nations are an important part of our national and regional heritage
and many of them persist today and continue to be recognized formally by the U.S.
government; and
Whereas, we hereby acknowledge those tribal nations and Native people and express our
appreciation and respect.
Now therefore, we, the city councilors of Iowa City, do hereby adopt the following land
acknowledgement:
The City of Iowa City is located on the homelands of the Ojibwe/Anishinaabe (Chippewa),
Baxoje (Iowa), Kikapu (Kickapoo), Omaegnomenewak (Menominee), Myaamiaki (Miami),
Nutachi (Missouri), Umo^hon (Omaha), Wahzhazhe (Osage), Jiwere (Otoe), Odawaa
(Ottawa), Pa^ka (Ponca), Bodewadmi/Neshnabe (Potawatomi),
Meskwaki/Nemahahaki/Sakiwaki (Sac and Fox), Dakota/Lakota/Nakoda (Sioux),
Sahnish/Nuxbaaga/Nuweta (Three Affiliated Tribes) and Ho -Chunk (Winnebago) Nations.
The following tribal nations, Umonhon (Omaha Tribe of Nebraska and Iowa), Panka (Ponca
Tribe of Nebraska), Meskwaki (Sac and Fox of the Mississippi in Iowa), and Ho -Chunk
(Winnebago Tribe of Nebraska) Nations continue to thrive in the State of Iowa and we
continue to acknowledge them.
As a municipal government, it is our responsibility to acknowledge the sovereignty and the
traditional territories of these tribal nations, and the treaties that were used to remove these
tribal nations. Consistent with the City of Iowa City's commitment to Diversity, Equity and
Inclusion, understanding the historical and current experiences of Native peoples will help
inform our work, governance, and ongoing efforts to acknowledge and embed our history in
our present and future.
Passed and approved this 15tblay of November , 2022.
Attest:
Approved by
G �
' Office — 1
City Attorney 1 /10/2022
Resolution 22-288
Page 3
It was moved by Alter and seconded by Bergus 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: 12.
4CITY OF IOWA CITY
�� COUNCIL ACTION REPORT
November 15, 2022
Resolution setting a special election to fill the Council vacancy created by Janice Weiner's resignation.
Prepared By: Eric R. Goers, City Attorney
Reviewed By: Geoff Fruin, City Manager
Kellie Fruehling, City Clerk
Fiscal Impact: Costs for a special election are approximately $50,000 if a primary election is not
required, and approximately $100,000 if a primary election is required.
Recommendations: Staff: No Recommendation
Commission: N/A
Attachments: Resolution
Copy of Janice Weiner Resignation
Memo from City Manager, City Clerk, and City Attorney.
Executive Summary:
See Memo
Background /Analysis:
See Memo
ATTACHMENTS:
Description
City Council Vacancy memorandum
Councilor Weiner resignation
Resolution
1.=.
CITY OF IOWA CITY
MEMORANDUM
Date: November 10, 2022
To: Mayor and City Council
From: Geoff Fruin, City Manager
Eric Goers, City Attorney
Kellie Fruehling, City Clerk
Re: City Council Vacancy
On November 9, 2022 Councilor Janice Weiner submitted her resignation to the Iowa City City
Council following her successful election to the State of Iowa Senate. Councilor Weiner's resignation
is effective January 1, 2023. This memo intends to provide information the City Council should
consider when determining how to fill the vacancy, for the term which will run through January 2,
2024.
Iowa Code section 372.13 governs how to fill vacancies at the municipal level. The law provides the
City Council discretion to choose either a special election or appointment until the next regular city
election. That election will be on November 7, 2023. However, if the City Council decides to fill the
seat by appointment, a citizen petition can be filed within two weeks of published notice or the
appointment itself requesting that a special election be held. A special election is also required if the
City Council fails to act within sixty days from the date of vacancy. The Iowa League of Cities informs
us that the vast majority of cities choose to appoint, because it is faster and cheaper. More
information about those factors can be found below.
Special Election
If a majority of the City Council calls for a special election, such election should be held as soon as
practical according to State Code. City staff has discussed possible dates with the Johnson County
Auditor's Office. Assuming notification to the Auditor's Office on November 16th, the preferred
election date would be February 7, 2023 with a City Council primary tentatively scheduled for January
10, 2023. The Council could select a January 31st election date with a primary date of January 3,
2023, but it should consider the close proximity to the December and January holiday season.
The Johnson County's Auditor's Office has provided a cost estimate of $50,000 each for the City
primary (if needed) and regular City election. If both elections are needed, which will not be known
at the point of Council's decision, the cost to the City would be approximately $100,000, This
estimate does not include any satellite locations, which must be petitioned for and would cost an
estimated $1,500 extra per site.
November 10, 2022
Page 2
Appointment
If a majority of the City Council calls for an appointment, it must make the appointment "within sixty
days after the vacancy occurs". With Councilor Weiner's resignation effective at midnight on
December 31st, the appointment must occur between January 1st and March 1st, inclusive. If the
Council fails to make an appointment during this window, the seat must be filled by special election.
Procedurally, if the Council wishes to make an appointment, it must give notice of its intent by official
publication between four and twenty days prior to the meeting at which the candidate is appointed.
The publication does not need to specify who will be appointed but would give notice that such
appointment would take effect immediately. Residents have two opportunities to file a petition
resisting appointment — within fourteen days of the date the notice of intent to appoint is published,
and within fourteen days of the date of the appointment itself. If a valid petition meeting the required
threshold is filed before the appointment is made, then no appointment should be made. If a valid
petition is filed within the fourteen -day period after the appointment, then said appointment becomes
temporary until a special election can be held.
To be valid, a petition requesting a special election must have signatures from eligible Iowa City
electors equal to or greater than ten percent of the number of votes cast for candidates for the office
in the most recent regular election. The Johnson County Auditor's office has indicated that a petition
would need to have 743 valid signatures. Upon receiving a successful petition the City would need
to work with the Johnson County Auditor's Office to set up election dates as soon as practical.
For the City Council's benefit, attached to this memo are recent application forms used by the City
of Coralville and the Iowa City Community School District for appointments that were made to fill
vacancies in their jurisdictions. The City Council is free to craft its own application and conduct public
interviews as it determines appropriate should an appointment process be pursued.
City Council Procedure
The City Council should select which process it will use to fill a vacancy by resolution. Corresponding
agenda items are on your November 15, 2022 agenda. Should the City Council need more time to
make a decision, the items can be deferred. However, any deferral will necessarily push back the
aforementioned primary and regular election dates in the event Council decides to hold a special
election. A resolution for a special election shall include the election dates provided by the Johnson
County Auditor's Office. A resolution moving forward with an appointment process will need to
specify the intended appointment date, which will need to be after Councilor Weiner's resignation
effective date of January 1, 2023.
CITY OF CORALVILLE
COUNCIL MEMBER APPLICATION FORM
2022
CORALVILLE
The Coralville City Council is accepting applications from Coralville residents to serve on the Council.
Applications are due to City Clerk Thor Johnson by noon on Friday, June 3, 2022. Please deliver to the City
Clerk via email (tjohnsongcoralvilie.org), hand delivery (1512 7th Street, from 7:30 am to 5:00 pm, Monday
through Friday), or postal delivery (City of Coralville, c/o City Clerk's Office, P.O. Box 5127, Coralville, IA 52241;
mail must be received by noon on Friday, June 3, 2022).
The current vacancy is the result of a resignation. The Mayor and City Council will conduct interviews of all
applicants at a meeting at City Hall, 1512 7th Street, on Thursday, June 9, at 5:30 pm. The City Council is expected
to consider an appointment at the June 14 meeting and the successful candidate will take office upon approval.
The term of office will expire in November 2023. Council members are currently paid $5,312 annually.
The City Council is made up of five Council members who serve overlapping four-year terms. The Mayor, who is
not a member of the Council, is elected for a two-year term. These non -partisan, at -large positions are typically
elected by Coralville citizens. Applicants must reside in Coralville and be over 18 years of age.
The City Council meets on the second and fourth Tuesday of each month at 6:30 pm at City Hall for a formal
meeting followed by a work session. Additional committee meetings and events take place at various times, days,
and locations throughout the community.
Any current resident of Coralville is eligible acid encouraged to apply.
THIS APPLICATION IS A PUBLIC DOCUMENT AND AS SUCH MAY BE REPRODUCED AND DISTRIBUTED TO THE
PUBLIC IF REQUESTED. PLEASE RESPOND TO ALL QUESTIONS. YOU MAY ATTACH ADDITIONAL PAGES.
FIRST NAME LAST NAME
HOME ADDRESS
CITY STATE ZIP CODE
OCCUPATION _ EMPLOYER
PHONE NUMBER: CELL/HOME
E-MAIL ADDRESS
EXPERIENCE AND/OR ACTIVITIES WHICH YOU FEEL QUALIFY YOU FOR THE CITY COUNCIL:
BUSINESS
PLEASE CONTINUE TO SECOND PAGE
WHAT IS YOUR PRESENT KNOWLEDGE OF THE CITY COUNCIL?
WHAT CONTRIBUTIONS DO YOU FEEL YOU CAN MAKE TO THE CITY COUNCIL? (OR STATE REASON FOR
APPLYING)
Specific attention should be directed to possible conflict of interest as defined in Chapters 362.6, 403A.22 of the
Code of Iowa. Should you be uncertain whether or not a potential conflict of interest exists, contact the Mayor or
City Clerk at 319.248.1700.
ElI will participate in City Council meetings and decision making by stating my opinions and concerns while
respectfully listening to and valuing those of my colleagues. I am committed to working together for the best of
Coralville.
Signature
Date
Applications are due to City Clerk Thor Johnson by noon an Friday, June 3, 2022. Please deliver to the City
Clerk via email (tjohnson ai coralville.org), hand delivery (1512 7th Street, from 7:30 am to 5:00 pm, Monday
through Friday), or postal delivery (City of Coralville, c/o City Clerk's Office, P.O. Box 5127, Coralville, IA 52241;
mail must be received by noon on Friday, June 3, 2022).
Application for Iowa City Community School District
Board of Directors
Thank you for your interest in serving as a Director for the Iowa City
Community School District.
The Iowa City Community School District serves approximately 14,400 students PK-12th grade
at our 19 preschool sites, 21 elementary schools, 3 junior high schools, 3 comprehensive high
schools, 1 alternative high school, and our Transition Services Center. Our district covers 133
square miles
and serves the communities of Iowa City, Coralville, North Liberty, University Heights, Hills
and
parts of unincorporated Johnson County.
This position would begin at the Regular Board meeting on September 13, 2022 and end at
the reorganizational meeting in November 2023. This is typically the second meeting in
November.
Please fill out the following application and submit it to Kim Colvin via e-mail at
colvin.kimPiowacityschools.ore no later than 2:00 PM on Tuesday, September 6, 2022.
Please include a copy of your most recent resume or CV with this application if you have one.
Please note that once submitted this application becomes a public record.
Demographic Information
First Name
Last Name
Address
City Zip County
Phone
Cell Phone
E-mail
Best method of contact
I Phone ll Phone a-n�1
Statutory Requirements
There are several statutory requirements to be a member of the ICCSD Board of Directors. An
Eligible Elector is defined as an individual that resides within the ICCSD boundaries. Please
check the box to confirm that you meet the requirements listed below.
---1US Citizen
General Information
Eligl Elector 18 years of age or older
Do you plan to run in the November 2023 election? (Note: Your answer here is for additional
information only. It is neither a disqualification nor a requirement for appointment.)
Ives 7No 7NotSure
Please provide a list of your involvement and / or experience with the ICCSD along with
associated dates.
What do you believe will be your greatest contributions to the ICCSD BOE? Please use 250
words or less.
Is there anything else you would like to share with the board to get to know you better?
Applicant's Affirmation
I swear (or affirm) that the information provided on this form is correct. I will be qualified to
hold this office and if I am selected, I will qualify by taking the oath of office. I know that I
cannot hold public office if I have been convicted of a felony or other infamous crime and my
rights have not been restored by the Governor or by the President of the United States.
Applicant's Signature
2525 Mayfield Rd
Iowa City IA 52245
November 9, 2022
Kellie Fruehling, City Clerk
City of Iowa City
410 E Washington St.
Iowa City IA 52240
Kellie:
In light of the results of the November 8, 2022 election for State Senate District
45, I will resign my at -large seat on Iowa City City Council, effective as of midnight
on December 31, 2022.
Sincerely,
Janice G Weiner
FAILED
Prepared by: Eric R. Goers, City Attorney, 410 E. Washington St., Iowa City, IA 52244, 319-356-5030
Resolution number:
Resolution setting a special election to fill the Council vacancy created
by Janice Weiner's resignation
Whereas, on November 9, 2022 Council Member Janice Weiner resigned as a Council
Member effective midnight on December 31, 2022; and
Whereas, the City Council desires to fill the vacancy created by Janice Weiner's resignation
by special election on February 7, 2023, consistent with Iowa Code section 372.13.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
1. A special election shall be held to fill the vacancy created by the resignation of
Janice Weiner; and
2. The City Clerk is directed to provide a certified copy of this Resolution to the
Johnson County Auditor and request that a special election be set for February 7,
2023 to fill the vacancy created by the resignation of Janice Weiner's resignation.
Passed and approved this day of , 2022.
Attest:
Mayor
City Clerk
Approved by
G �
's Office —
City Attorn 11/10/2022
It was moved by Bergus and seconded by Alter
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: 13.
4CITY OF IOWA CITY
�� COUNCIL ACTION REPORT
November 15, 2022
Resolution giving notice of intent to make an appointment to fill the Council vacancy created by Janice
Weiner's resignation.
Prepared By: Eric R. Goers, City Attorney
Reviewed By: Geoff Fruin, City Manager
Kellie Fruehling, City Clerk
Fiscal Impact: No impact.
Recommendations: Staff: No Recommendation
Commission: N/A
Attachments: Resolution
Copy of Janice Weiner Resignation
Memo from City Manager, City Clerk, and City Attorney
Executive Summary:
See Memo
Background /Analysis:
See Memo
ATTACHMENTS:
Description
City Council Vacancy memorandum
Notice of Intent to Appoint
Councilor Weiner Resignation
Resolution
1.=.
CITY OF IOWA CITY
MEMORANDUM
Date: November 10, 2022
To: Mayor and City Council
From: Geoff Fruin, City Manager
Eric Goers, City Attorney
Kellie Fruehling, City Clerk
Re: City Council Vacancy
On November 9, 2022 Councilor Janice Weiner submitted her resignation to the Iowa City City
Council following her successful election to the State of Iowa Senate. Councilor Weiner's resignation
is effective January 1, 2023. This memo intends to provide information the City Council should
consider when determining how to fill the vacancy, for the term which will run through January 2,
2024.
Iowa Code section 372.13 governs how to fill vacancies at the municipal level. The law provides the
City Council discretion to choose either a special election or appointment until the next regular city
election. That election will be on November 7, 2023. However, if the City Council decides to fill the
seat by appointment, a citizen petition can be filed within two weeks of published notice or the
appointment itself requesting that a special election be held. A special election is also required if the
City Council fails to act within sixty days from the date of vacancy. The Iowa League of Cities informs
us that the vast majority of cities choose to appoint, because it is faster and cheaper. More
information about those factors can be found below.
Special Election
If a majority of the City Council calls for a special election, such election should be held as soon as
practical according to State Code. City staff has discussed possible dates with the Johnson County
Auditor's Office. Assuming notification to the Auditor's Office on November 16th, the preferred
election date would be February 7, 2023 with a City Council primary tentatively scheduled for January
10, 2023. The Council could select a January 31st election date with a primary date of January 3,
2023, but it should consider the close proximity to the December and January holiday season.
The Johnson County's Auditor's Office has provided a cost estimate of $50,000 each for the City
primary (if needed) and regular City election. If both elections are needed, which will not be known
at the point of Council's decision, the cost to the City would be approximately $100,000, This
estimate does not include any satellite locations, which must be petitioned for and would cost an
estimated $1,500 extra per site.
November 10, 2022
Page 2
Appointment
If a majority of the City Council calls for an appointment, it must make the appointment "within sixty
days after the vacancy occurs". With Councilor Weiner's resignation effective at midnight on
December 31st, the appointment must occur between January 1st and March 1st, inclusive. If the
Council fails to make an appointment during this window, the seat must be filled by special election.
Procedurally, if the Council wishes to make an appointment, it must give notice of its intent by official
publication between four and twenty days prior to the meeting at which the candidate is appointed.
The publication does not need to specify who will be appointed but would give notice that such
appointment would take effect immediately. Residents have two opportunities to file a petition
resisting appointment — within fourteen days of the date the notice of intent to appoint is published,
and within fourteen days of the date of the appointment itself. If a valid petition meeting the required
threshold is filed before the appointment is made, then no appointment should be made. If a valid
petition is filed within the fourteen -day period after the appointment, then said appointment becomes
temporary until a special election can be held.
To be valid, a petition requesting a special election must have signatures from eligible Iowa City
electors equal to or greater than ten percent of the number of votes cast for candidates for the office
in the most recent regular election. The Johnson County Auditor's office has indicated that a petition
would need to have 743 valid signatures. Upon receiving a successful petition the City would need
to work with the Johnson County Auditor's Office to set up election dates as soon as practical.
For the City Council's benefit, attached to this memo are recent application forms used by the City
of Coralville and the Iowa City Community School District for appointments that were made to fill
vacancies in their jurisdictions. The City Council is free to craft its own application and conduct public
interviews as it determines appropriate should an appointment process be pursued.
City Council Procedure
The City Council should select which process it will use to fill a vacancy by resolution. Corresponding
agenda items are on your November 15, 2022 agenda. Should the City Council need more time to
make a decision, the items can be deferred. However, any deferral will necessarily push back the
aforementioned primary and regular election dates in the event Council decides to hold a special
election. A resolution for a special election shall include the election dates provided by the Johnson
County Auditor's Office. A resolution moving forward with an appointment process will need to
specify the intended appointment date, which will need to be after Councilor Weiner's resignation
effective date of January 1, 2023.
CITY OF CORALVILLE
COUNCIL MEMBER APPLICATION FORM
2022
CORALVILLE
The Coralville City Council is accepting applications from Coralville residents to serve on the Council.
Applications are due to City Clerk Thor Johnson by noon on Friday, June 3, 2022. Please deliver to the City
Clerk via email (tjohnsongcoralvilie.org), hand delivery (1512 7th Street, from 7:30 am to 5:00 pm, Monday
through Friday), or postal delivery (City of Coralville, c/o City Clerk's Office, P.O. Box 5127, Coralville, IA 52241;
mail must be received by noon on Friday, June 3, 2022).
The current vacancy is the result of a resignation. The Mayor and City Council will conduct interviews of all
applicants at a meeting at City Hall, 1512 7th Street, on Thursday, June 9, at 5:30 pm. The City Council is expected
to consider an appointment at the June 14 meeting and the successful candidate will take office upon approval.
The term of office will expire in November 2023. Council members are currently paid $5,312 annually.
The City Council is made up of five Council members who serve overlapping four-year terms. The Mayor, who is
not a member of the Council, is elected for a two-year term. These non -partisan, at -large positions are typically
elected by Coralville citizens. Applicants must reside in Coralville and be over 18 years of age.
The City Council meets on the second and fourth Tuesday of each month at 6:30 pm at City Hall for a formal
meeting followed by a work session. Additional committee meetings and events take place at various times, days,
and locations throughout the community.
Any current resident of Coralville is eligible acid encouraged to apply.
THIS APPLICATION IS A PUBLIC DOCUMENT AND AS SUCH MAY BE REPRODUCED AND DISTRIBUTED TO THE
PUBLIC IF REQUESTED. PLEASE RESPOND TO ALL QUESTIONS. YOU MAY ATTACH ADDITIONAL PAGES.
FIRST NAME LAST NAME
HOME ADDRESS
CITY STATE ZIP CODE
OCCUPATION _ EMPLOYER
PHONE NUMBER: CELL/HOME
E-MAIL ADDRESS
EXPERIENCE AND/OR ACTIVITIES WHICH YOU FEEL QUALIFY YOU FOR THE CITY COUNCIL:
BUSINESS
PLEASE CONTINUE TO SECOND PAGE
WHAT IS YOUR PRESENT KNOWLEDGE OF THE CITY COUNCIL?
WHAT CONTRIBUTIONS DO YOU FEEL YOU CAN MAKE TO THE CITY COUNCIL? (OR STATE REASON FOR
APPLYING)
Specific attention should be directed to possible conflict of interest as defined in Chapters 362.6, 403A.22 of the
Code of Iowa. Should you be uncertain whether or not a potential conflict of interest exists, contact the Mayor or
City Clerk at 319.248.1700.
ElI will participate in City Council meetings and decision making by stating my opinions and concerns while
respectfully listening to and valuing those of my colleagues. I am committed to working together for the best of
Coralville.
Signature
Date
Applications are due to City Clerk Thor Johnson by noon an Friday, June 3, 2022. Please deliver to the City
Clerk via email (tjohnson ai coralville.org), hand delivery (1512 7th Street, from 7:30 am to 5:00 pm, Monday
through Friday), or postal delivery (City of Coralville, c/o City Clerk's Office, P.O. Box 5127, Coralville, IA 52241;
mail must be received by noon on Friday, June 3, 2022).
Application for Iowa City Community School District
Board of Directors
Thank you for your interest in serving as a Director for the Iowa City
Community School District.
The Iowa City Community School District serves approximately 14,400 students PK-12th grade
at our 19 preschool sites, 21 elementary schools, 3 junior high schools, 3 comprehensive high
schools, 1 alternative high school, and our Transition Services Center. Our district covers 133
square miles
and serves the communities of Iowa City, Coralville, North Liberty, University Heights, Hills
and
parts of unincorporated Johnson County.
This position would begin at the Regular Board meeting on September 13, 2022 and end at
the reorganizational meeting in November 2023. This is typically the second meeting in
November.
Please fill out the following application and submit it to Kim Colvin via e-mail at
colvin.kimPiowacityschools.ore no later than 2:00 PM on Tuesday, September 6, 2022.
Please include a copy of your most recent resume or CV with this application if you have one.
Please note that once submitted this application becomes a public record.
Demographic Information
First Name
Last Name
Address
City Zip County
Phone
Cell Phone
E-mail
Best method of contact
I Phone ll Phone a-n�1
Statutory Requirements
There are several statutory requirements to be a member of the ICCSD Board of Directors. An
Eligible Elector is defined as an individual that resides within the ICCSD boundaries. Please
check the box to confirm that you meet the requirements listed below.
---1US Citizen
General Information
Eligl Elector 18 years of age or older
Do you plan to run in the November 2023 election? (Note: Your answer here is for additional
information only. It is neither a disqualification nor a requirement for appointment.)
Ives 7No 7NotSure
Please provide a list of your involvement and / or experience with the ICCSD along with
associated dates.
What do you believe will be your greatest contributions to the ICCSD BOE? Please use 250
words or less.
Is there anything else you would like to share with the board to get to know you better?
Applicant's Affirmation
I swear (or affirm) that the information provided on this form is correct. I will be qualified to
hold this office and if I am selected, I will qualify by taking the oath of office. I know that I
cannot hold public office if I have been convicted of a felony or other infamous crime and my
rights have not been restored by the Governor or by the President of the United States.
Applicant's Signature
2525 Mayfield Rd
Iowa City IA 52245
November 9, 2022
Kellie Fruehling, City Clerk
City of Iowa City
410 E Washington St.
Iowa City IA 52240
Kellie:
In light of the results of the November 8, 2022 election for State Senate District
45, I will resign my at -large seat on Iowa City City Council, effective as of midnight
on December 31, 2022.
Sincerely,
Janice G Weiner
Prepared by: Eric R. Goers, City Attorney, 410 E. Washington St., Iowa City, IA 52244, 319-356-5030
Resolution number: 22-289
Resolution giving notice of intent to make an appointment to fill the
Council vacancy created by Janice Weiner's resignation
Whereas, on November 9, 2022 Council Member Janice Weiner resigned as a Council
Member effective midnight on December 31, 2022; and
Whereas, the City Council desires to fill the vacancy created by Janice Weiner's resignation
by appointment at its meeting on January 10, 2023, consistent with Iowa Code section
372.13.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
1. The City Council gives notice of its intention to fill the vacancy created by the
resignation of Janice Weiner by appointment at its meeting on January 10, 2023;
and
2. The City Clerk is directed to post and publish notice of the Council's intention to fill
the vacancy created by the resignation of Janice Weiner's resignation by
appointment, as required by law and in a form substantially similar to the Notice
attached hereto.
Passed and approved thisl5ttday of November , 2022.
Approved by
Attest: IA, r lt-
��, t,�- JCL
Ci Clerk City Attor y's Office - 11/10/2022
It was moved by Bergus and seconded by Taylor
Resolution be adopted, and upon roll call there were:
Ayes: Nays: Absent:
X Alter
X Bergus
X Harmsen
X Taylor
X Teague
the
X Thomas
Weiner
NOTICE OF INTENT TO APPOINT COUNCIL MEMBER
CITY OF IOWA CITY, IOWA
The City of Iowa City City Council hereby gives notice that the position of council member of the
City of Iowa City, Iowa will become vacant on January 1, 2023 and that the Council intends to fill
the vacancy by appointment at a special meeting of the Council, beginning at 6:00 p.m. Tuesday,
January 10, 2023, at City Hall, 410 East Washington Street, Iowa City, Iowa. This meeting will be
a public meeting.
Any qualified person interested in being appointed council member is encouraged to submit their
name to the following address:
Ms. Kellie K. Fruehling, Clerk
CITY OF IOWA CITY, IOWA
410 East Washington Street
Iowa City, Iowa 52240
email: Kellie-Fruehling@iowa-city.org
Candidates may submit a cover letter, resume, and/or other statement of qualifications and
relevant experience if they desire. Candidates are not required to be present at the January 10
meeting, but the Council may permit candidates in attendance to make oral presentations.
Provided, however, that if within 14 days after publication of this notice or within 14 days after
the appointment is made, a petition is filed with the City of Iowa City City Clerk pursuant to Iowa
Code §372.13 requesting a special election to fill the vacancy, the appointment by the Council
shall be temporary, and the Council shall call a special election to fill the vacancy permanently.
This notice is given pursuant to Iowa Code §§ 362.3 and 372.13.
Dated at Iowa City, Iowa, this 15thday of November , 20 22
/s/ Kellie K. Fruehling, Clerk
CITY OF IOWA CITY, IOWA
410 East Washington Street
Iowa City, Iowa 52240
email: Kellie-Fruehling@iowa-city.org