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HomeMy WebLinkAbout2023-04-04 Resolution Item Number: 6.b. CITY OF IOWA CITY COUNCIL ACTION REPORT April 4, 2023 Resolution Amending and Adopting FY2023 Interfund Transfers. Prepared By: Nicole Davies, Finance Director Reviewed By: Geoff Fruin, City Manager Fiscal Impact: Adopted as part of the FY2023 Amended Budget Staff Recommendation: Approval Commission Recommendations: N/A Attachments: FY23 Amended Transfer Resolution.docx Executive Summary: The Iowa Department of Management has administrative rules regarding the handling of interfund transfers. All interfund transfers are required to be adopted by resolution by the City Council. The proposed interfund transfers are also being adopted as part of the Fiscal Year 2023 Amended Budget. Background /Analysis: In April 2019, the Iowa Administrative Code incorporated regulations surrounding the management of interfund transfers. In addition to being adopted as part of the budget, which is subject to a public hearing, interfund transfers are required to be approved by the City Council by resolution. Each transfer must include the fund sending the transfer, the fund receiving the transfer, the amount of the transfer, and the reason for the transfer. These rules took effect in May 2019. 6,6 Prepared by:Nicole Davies,Finance Director,410 E.Washington St.,Iowa City,IA 52240,(319)356-5085 Resolution No. 23-95 Resolution Amending and Adopting FY2O23 Interfund Transfers Now therefore,be it resolved by the City Council of the City of Iowa City,Iowa that the City of Iowa City,in Johnson County, Iowa,approves the following transfer of monies between funds in accordance with the Administrative Code of the State of Iowa. The City Finance Director is hereby authorized to initiate and record the listed interfund transfers up to the amounts set out below. Transfer Out Transfer In Original Amended Fund Fund Reason Amount Amount General Fund Cable TV Equipment Reserve Equipment Reserve $10,000.00 $10,000.00 General Fund Emergency Reserve Reserve Transfer $0.00 $258,000.00 General Fund Facility Reserve Reserve Transfer $0.00 $4,742,000.00 General Fund Wastewater Fund Low Income Discount Donations $2,875.00 $2,875.00 General Fund Water Fund Low Income Discount Donations $2,500.00 $2,500.00 General Fund Refuse Collection Fund Low Income Discount Donations $8,125.00 $8,125.00 General Fund Storm Water Fund Low Income Discount Donations $1,500.00 $1,500.00 General Fund Capital Projects CIP funding $1,833,470.00 $4,778,470.00 General Fund Airport Fund CIP funding $100,000.00 $100,000.00 General Fund MPOJC Fund Operating funding $83,656.00 $83,656.00 General Fund Affordable Housing Fund Operating Funding $1,000,000.00 $1,000,000.00 General Fund Library Replacement Reserve Equipment Reserve $62,422.00 $62,422.00 General Fund Debt Service Fund Aniston Village Loan Pmt $20,052.00 $20,052.00 General Fund Transit Fund Transit Levy Transfer $4,106,177.00 $4,106,177.00 General Fund TIF Fund Hilton Garden Inn Rebate Transfer $154,000.00 $154,000.00 General Fund Landfill Fund Loan Repayment $113,531.00 $113,531.00 CDBG Fund Capital Projects CIP funding $0.00 $78,448.00 Road Use Tax Fund Capital Projects CIP funding $2,697,000.00 $2,715,000.00 Road Use Tax Fund Landfill Fund Loan Repayment $75,687.00 $75,687.00 Road Use Tax Fund General Fund Forestry Cost Share $92,426.00 $92,426.00 Road Use Tax Fund MPOJC Fund Cost share $315,383.00 $315,383.00 Employee Benefits General Fund Employee benefits $12,801,454.00 $12,801,454.00 Employee Benefits Road Use Tax Fund Employee benefits $645,524.00 $645,524.00 Emergency Levy Fund Capital Projects CIP funding $350,000.00 $350,000.00 Tax Increment Financing General Fund Loan Repayment $42,540.00 $42,540.00 Tax Increment Financing Capital Projects TIF pre-certification expenditures $25,758.00 $25,907.00 Tax Increment Financing Debt Service Debt payments $1,769,798.00 $1,769,798.00 Parking Fund Landfill Fund Loan Repayment $373,050.00 $373,050.00 Parking Fund Parking Capital Reserve Reserve Transfer $1,000,000.00 $1,000,000.00 Parking Capital Reserve Parking Capital Projects CIP funding $700,000.00 $840,000.00 Transit Fund Transit Capital Projects CIP funding $120,000.00 $450,000.00 Transit Fund Transit Bus Reserve Reserve Transfer $280,000.00 $2,266,325.00 Wastewater Fund Wastewater Debt Reserve Debt payments $1,288,437.00 $1,288,437.00 Wastewater Fund Wastewater Capital Reserve Reserve Transfer $3,500,000.00 $3,500,000.00 Wastewater Capital Reserve Wastewater Capital Projects CIP funding $3,130,000.00 $6,131,000.00 Water Fund Water Debt Reserve Debt payments $1,324,225.00 $1,324,225.00 Water Fund Water Capital Reserve Reserve Transfer $1,800,000.00 $1,800,000.00 Water Capital Reserve Water Capital Projects CIP funding $1,042,000.00 $1,067,500.00 Landfill Fund Landfill Reserves Closure/Replacement funding $897,471.00 $897,471.00 Landfill Fund Landfill Capital Projects CIP funding $1,090,000.00 $600,000.00 Landfill Replacement Reserve Landfill Capital Projects CIP funding $4,085,000.00 $4,855,000.00 Airport Capital Reserve Airport Capital Projects • CIP funding $32,500.00 $97,650.00 Storm Water Fund Storm Water Capital Reserve Reserve Transfer $1,100,000.00 $1,100,000.00 Storm Water Capital Reserve Storm Water Capital Projects CIP funding $690,000.00 $640,000.00 Housing Authority Fund General Fund PILOT/NDS Director cost share $54,791.00 $54,791.00 Passed and approved this 4th day of April ,2023 Resolution No. 23-95 Page 2 May r: 1, Approved by Attest: L J City Clerk City A rney's Office—03/27/2023 Resolution No. 23-95 Page 3 It was moved by Alter and seconded by Dunn the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent Abstain x Alter x Bergus X Dunn X Harmsen x Taylor x Teague X Thomas Item Number: 6.c. CITY OF IOWA CITY COUNCIL ACTION REPORT April 4, 2023 Resolution Approving FY2024 Interfund Transfers. Prepared By: Nicole Davies, Finance Director Reviewed By: Geoff Fruin, City Manager Fiscal Impact: Noted on attached schedule Staff Recommendation: Approval Commission Recommendations: N/A Attachments: FY24 Interfund Transfer Resolution.docx Executive Summary: The Iowa Department of Management has administrative rules regarding the handling of interfund transfers. All interfund transfers are required to be adopted by resolution by the City Council. Background /Analysis: In April 2019, the Iowa Administrative Code incorporated regulations surrounding the management of interfund transfers. In addition to being adopted as part of the budget, which is subject to a public hearing, interfund transfers are required to be approved by the City Council by resolution. Each transfer must include the fund sending the transfer, the fund receiving the transfer, the amount of the transfer, and the reason for the transfer. These rules took effect in May 2019. Prepared by:Nicole Davies,Finance Director,410 E.Washington St.,Iowa City,IA 52240,(319)356-5085 Resolution No. 23-96 Resolution Adopting FY2024 Interfund Transfers Now therefore,be it resolved by the City Council of the City of Iowa City,Iowa that the City of Iowa City,in Johnson County,Iowa,approves the following transfer of monies between funds in accordance with the Administrative Code of the State of Iowa.The City Finance Director is herby authorized to initiate and record the listed inter-fund transfers up to the amounts set out below. Transfer Out Transfer In Original Fund Fund Reason Amount General Fund Cable TV Equipment Reserve Equipment Reserve $10,000.00 General Fund Wastewater Fund Low Income Discount Donations $2,875.00 General Fund Water Fund Low Income Discount Donations $2,500.00 General Fund Refuse Collection Fund Low Income Discount Donations $8,125.00 General Fund Storm Water Fund Low Income Discount Donations $1,500.00 General Fund Capital Projects CIP funding $1,598,470.00 General Fund Airport Fund CIP funding $100,000.00 General Fund MPOJC Fund Operating funding $72,680.00 General Fund Affordable Housing Fund Operating Funding $1,000,000.00 General Fund Library Replacement Reserve Equipment Reserve $62,422.00 General Fund Debt Service Fund Aniston Village Loan Pmt $20,052.00 General Fund Transit Fund Transit Levy Transfer $4,221,512.00 General Fund TIF Fund Hilton Garden Inn Rebate Transfer $259,100.00 General Fund Landfill Fund Loan Repayment $115,178.00 Facility Reserve Capital Projects CIP funding $1,500,000.00 Road Use Tax Fund Capital Projects CIP funding $2,765,000.00 Road Use Tax Fund Landfill Fund Loan Repayment $76,786.00 Road Use Tax Fund General Fund Forestry Cost Share $95,816.00 Road Use Tax Fund MPOJC Fund Cost share $341,973.00 Employee Benefits General Fund Employee benefits $13,192,818.00 Employee Benefits Road Use Tax Fund Employee benefits $665,184.00 Emergency Levy Fund Capital Projects CIP funding $350,000.00 Tax Increment Financing General Fund Loan Repayment $42,869.00 Tax Increment Financing Capital Projects TIF pre-certification expenditures $1,046.00 Tax Increment Financing Debt Service Debt payments $1,688,012.00 Parking Fund Landfill Fund Loan Repayment $378,595.00 Parking Fund Parking Capital Reserve Reserve Transfer $1,000,000.00 Parking Capital Reserve Capital Projects CIP funding $1,000,000.00 Transit Fund Transit Bus Reserve Reserve Transfer $1,000,000.00 Transit Fund Capital Projects CIP funding $325,000.00 Wastewater Fund Wastewater Debt Reserve Debt payments $2,575,000.00 Wastewater Fund Wastewater Capital Reserve Reserve Transfer $3,500,000.00 Wastewater Capital Reserve Wastewater Capital Projects CIP funding $2,455,000.00 Water Fund Water Debt Reserve Debt payments $1,364,675.00 Water Fund Water Capital Reserve Reserve Transfer $1,800,000.00 Water Capital Reserve Water Capital Projects CIP funding $3,944,000.00 Refuse Fund Capital Projects CIP funding $250,000.00 Landfill Fund Landfill Reserves Closure/Replacement funding $875,000.00 Landfill Fund Capital Projects CIP funding $527,750.00 Landfill Replacement Reserve Landfill Capital Projects CIP funding $3,500,000.00 Airport Capital Reserve Capital Projects CIP funding $47,000.00 Storm Water Fund Storm Water Capital Reserve Reserve Transfer $1,100,000.00 Storm Water Capital Reserve Storm Water Capital Projects CIP funding $990,000.00 Housing Authority Fund General Fund PILOT/NDS Director cost share $54,791.00 Passed and approved this 4th day of April ,2023 Resolution No. 23-96 Page 2 L Q.�Ce� M ory Approved by Attest: ' City Clerk City Atto ey's Office—03/27/2023 Resolution No. 23-96 Page 3 It was moved by Alter and seconded by Dunn the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent Abstain X Alter X Bergus X Dunn X Harmsen X Taylor x Teague X Thomas Item Number: 6.d. CITY OF IOWA CITY COUNCIL ACTION REPORT April 4, 2023 Resolution approving a loan agreement with the Iowa City Downtown District to improve an alley. Prepared By: Sue Dulek, Asst. City Attorney Rachel Kilburg, Asst. City Manager Reviewed By: Geoff Fruin, City Manager Fiscal Impact: $300,000 will be loaned from City reserve funds and will be repaid at a 1% interest rate over 10 years. Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Resolution Agreement Executive Summary: This resolution approves a $300,000 loan to the Downtown District to improve the private alley located to the east, southeast, and south of 121 E. Iowa Ave. For more than 20 years the City has received complaints regarding the cleanliness of the alley. Improving the surface of the alley will improve access for trash and snow removal and will allow for water to convey away from building foundations. The District will repay the loan at 1% interest over 10 years. Background /Analysis: The private alley located to the east, southeast, and south of 121 E. Iowa Ave contains varying states of pavement condition and water drainage issues. Ownership of property in the private alley is divided among 15 different surrounding property owners. In collaboration with these property owners, the Iowa City Downtown District (TCDD) has developed a plan to repave and make stormwater improvements in the alley, which will create a cleaner and safer environment and improve snow removal and waste pickup access. The improvements will be financed by a repayable 1% interest loan from the City to TCDD. Risk is limited for the City as repayment is guaranteed by the SSMID revenue the City collects and passes to the ICDD each year. Prepared by: Susan Dulek, First Ass't. City Attorney,410 E.Washington St., Iowa City, IA 52240-319-356-5030 Resolution No. 23-97 J Resolution approving a loan agreement with the Iowa City Downtown District to improve an alley. Whereas, there is a private alley ("alley") located to the east, southeast, and south of 121 E. Iowa Avenue, Iowa City, Iowa; and Whereas, for more than twenty(20) years the City has received complaints regarding the cleanliness of the alley; and Whereas, improving the surface of the alley will improve access for trash and snow removal; and Whereas, improving the surface of the alley will allow for water to convey away from building foundations and allow for proper removal of snow against masonry walls; and Whereas, City staff and the Iowa City Downtown Self Supported Municipal Improvement District, d/b/a Iowa City Downtown District("District") have negotiated the attached Agreement whereby the City would lend the District $300,000 at 1% interest, which the District will repay over ten (10) years; and Whereas, the loan is secured and serves a public purpose. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa: 1. The attached Agreement is approved. 2. The City Manager authorized to sign the attached Agreement and amendments thereto. Passed and approved this 4th day of April , 2023. r 4 Approve: ay Attest: • Ci y Clerk City Attor y's Office (Sue Dulek— 03/30/2023) Resolution No. 23-97 Page 2 It was moved by Alter and seconded by n„nn the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent Abstain X Alter X Bergus X Dunn X Harmsen X Taylor X Teague X Thomas AGREEMENT This Agreement, entered into this 4th day of April 2023, by and between the City of Iowa City, a municipal corporation ("City"), and Iowa City Downtown Self Supported Municipal Improvement District, dlb/a Iowa City Downtown District ( "District") in Iowa City, Iowa. Whereas, the area depicted on Exhibit A, which is attached and incorporated herein, is a private alley ("alley") located to the east, southeast, and south of 121 E. Iowa Avenue, Iowa City, Iowa; and Whereas, for more than twenty (20)years the City has received complaints regarding the cleanliness of the alley; and Whereas, improving the surface of the alley will allow for water to convey away from building foundations and allow for proper removal of snow against masonry walls; and Whereas, improving the surface of the alley will improve access for trash and snow removal; and Whereas, the parties desire to enter into a loan agreement for the maintenance of the alley. THE PARTIES THEREFORE AGREE AS FOLLOWS: 1. Loan Terms. a. Principal Amount. The City shall loan District$300,000.00 ("Principal Amount"). b. Interest Rate. Interest on the Principal Amount shall be at 1.0% annually. c. Term. The Principal Amount shall be amortized over ten (10)years. d. Repayment. District shall make equal monthly payments on the Principal Amount of$2,628.12 beginning on the 1st day of June, 2023 and continuing on the 1st day of each month thereafter for the following 119 months with the final payment due on May 1, 2033. There shall be no penalty for early prepayment of the Principal Amount. e. Promissory Note. District will execute a Promissory Note consistent with the provisions of this paragraph. The outstanding balance on the Promissory Note will be immediately due and payable if the City terminates this Agreement for cause as provided herein. f. Collateral. As collateral for the loan, the City may withhold funds from its annual voluntary TIF reimbursement payment to District in an amount equal to the overdue payment(s). The 2022 TIF reimbursement is $81,043.08. By way of illustration, if District failed to make two (2) payments in 2024, the City would withhold $5,256.24 from the annual 2025 TIF reimbursement payment. 2. Purpose. The Principal Amount funds shall be used to improve and maintain the"alley" as follows: • Improve the surface area of the alley in a manner that promotes proper drainage of water away from foundations and into the City's storm water sewer system. ® Create a safe and stable surface to walk on for trash management and snow removal services and a clean surface for parking stall striping. 3. Termination. a. For Cause. If District fails to fulfill its obligations under this Agreement in a timely and proper manner, or if District violates any of the terms, agreements or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement by giving written notice to District of such termination, specifying the default or defaults, and stating that this Agreement shall be terminated thirty (30) days after the giving of such notice unless such default or defaults are remedied within such cure period. b. For Convenience. This Agreement may be terminated in whole or in part upon the mutual agreement of the parties hereto, in which case the City and District shall agree upon the termination conditions, including the effective date and the disposition of loan. 4. Failure to Enforce. Failure of the City to enforce any provision contained herein shall not be deemed a waiver of the City's rights to enforce such provision or any other provision in the event of a subsequent default by District. 5. Non-Discrimination. District, its employees, and agents shall not discriminate against any person in employment or public accommodation because of race, religion, color, creed, gender identity, sex, national origin, sexual orientation, mental or physical disability, marital status or age. "Employment' shall include but not be limited to hiring, accepting, registering, classifying, promoting, or referring to employment. "Public accommodations" shall include but not be limited to providing goods, services, facilities, privileges, and advantages to the public. 6. Assignment. District may not sell, transfer, or assign this Agreement without the prior written consent of the City, which consent may be withheld at the City's sole discretion.Any assignment made by District without City's consent in violation of this provision shall be voidable at the City's option and shall constitute a basis for the City to terminate this Agreement for cause as provided herein. 7. Notices. Notices, statements and other communications to be given under the terms of the Agreement shall be in writing and sent by certified or registered mail, or by commercial courier, return receipt requested, and addressed as follows: If to the City: City Manager 7 City of Iowa City 410 E. Washington Street Iowa City, IA 52240 If to District: Executive Director 103 E. College St., Suite 200 Iowa City, IA 52240 Or at such other address as from time to time designated by the party receiving the notice.All such notices shall be deemed to have been fully given, made or sent when made by personal service as provided in the Iowa Rules of Civil Procedure or deposited in the United States Mail, Registered or Certified, postage prepaid. 8. Applicable Law. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Iowa. Any legal proceeding instituted with respect to this Agreement shall be brought in a court of competent jurisdiction in Johnson County, Iowa. The parties hereto hereby submit to personal jurisdiction therein and irrevocably waive any objection as to venue therein, including any argument that such proceeding has been brought in an inconvenient forum. 9. Partial Invalidity. If any provision of the Agreement shall be invalid or unenforceable it shall not affect the validity or enforceability of any other provisions of the Agreement. 10. Heading. Headings as so the contents of particular sections herein are inserted only for convenience, and are in no way to be construed as a part of the Agreement or as a limitation on the scope of the particular section to which they refer. 11. Binding Effect. The covenants, conditions and agreements contained in the Agreement shall bind, apply to and inure to the benefit of the parties hereto and their respective successors. 12. Fntire Agreement: Merger. The Agreement contains all the agreements and conditions made between the parties hereto with respect to the matters contained herein and may not be modified orally or in any other manner than by an Agreement in writing signed by all the parties hereto or their respective successors.All prior written and oral understandings and agreements shall be deemed to have merged into the Agreement and have no further force and effect. 3 CITY OF IOWA CITY DOWNTOWN DISTRICT By: / By: Ib Geoff F6in, City Manager Nancy Bird, Executive Director Approved: 3 d3 City Attorney's Office 4 r F C =gym v LL E' <-_gpo mp 3 RA So F r~1 �p IL mVl pe"nl C w 0 92 EXHIBIT � C) CO� � aWV���L0-.:-ap _ N� � ��pm$aa- - r_r// "� ppb' n ulr mn C a � H r 6oE � ww�Syp� �i yP {- g sr gzU& 09_ Ef Ylb Papp ` pe mLJ6Jy t � Q VJIM m do l7 a" a m 2 P ry m3z nE op mF LK ri 4 �mii W`;FWo zusl o mxEl h a m00 n� d � a o5ax , , ��n SS :.'N�r awn . 1 v m S."..�� .- •- - iia 2 2r o ca000000aoo , �o i c c � t LLS anonsna -S 3 � Y � c w o � c } n E-° 2 - s N O C w - -` a— Eryiq., K m - - - - - - - _ . --- - - - v C O 1f1 (p irl C c r t r ' y u f t Z ' r E 'ZS NOINFIO 'S V � V � Item Number: 6.e. CITY OF IOWA CITY COUNCIL ACTION REPORT April 4, 2023 Resolution authorizing the City Manager to opt the City of Iowa City into the National Opioids Settlements - Additional Settlements. Prepared By: Jennifer L. Schwickerath, Assistant City Attorney Reviewed By: Geoff Fruin, City Manager Fiscal Impact: No impact. Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Resolution.docx Teva, Allergan, CVS, Walgreens, and Walmart Settlement Documents.pdf Executive Summary: Additional settlements were reached in late 2022 in the National Opioids litigation. The additional settlements were reached with Defendants CVS, Walgreens, Walmart, Allergan, and Teva. This resolution would authorize the City Manager to opt the City into the settlements with CVS, Walgreens, Walmart, Allergan, and Teva. The deadline to opt into the additional settlements is April 18, 2023. This resolution also continues the City Manager's authorization to negotiate the sub-allocation of settlement funds from Johnson County to the City, and to manage the expenditure of settlement funds for approved opioid remediation uses. Background /Analysis: In December 2021 , Council authorized the City Manager to opt into settlement agreements with pharmaceutical distributors (McKesson, Cardinal Health, and Amerisource Bergen) and with manufacturer Janssen Pharmaceuticals, Inc. and its parent company Johnson & Johnson. The State of Iowa had 100% participation from all the participating subdivisions, which resulted in the maximum amount of settlement funds from the 2021 settlements for the State of Iowa and the participating subdivisions. In December 2021 , Council also authorized the City Manager to execute the Iowa Opioid Memorandum of Understanding, which is the document that outlines the allocation of opioid settlement proceeds for the State of Iowa and its participating subdivisions. This Memorandum of Understanding executed at the time of the 2021 settlements also applies to the 2022 settlements. Assuming maximum participation by states and participating subdivisions, the 2022 settlements would be as follows: • Teva to pay up to $3.34 billion over 13 years and to provide either $1 .2 billion of its generic version of the drug Narcan over 10 years or $240 million of cash in lieu of product, as each state may elect • Allergan to pay up to $2.02 billion over 7 years • CVS to pay up to $4.90 billion over 10 years • Walgreens to pay up to $5.52 billion over 15 years • Walmart to pay up to $2.74 billion in 2023, and all payments to be made within 6 years. The defendants are also required to make changes to their business practices as part of the settlements. Provided there is also 100% participation for the 2022 settlements, the estimated total of settlement funds for Johnson County and participating subdivisions, which includes the City, will be approximately $2.95 million dollars over fifteen years. The terms of both the 2021 and 2022 settlements require the funds be used for abatement of the opioid epidemic. 10n"0' Prepared by: Jennifer L. Schwickerath, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, (319) 356-5030 Resolution No. 23-98 Resolution authorizing the City Manager to opt the City of Iowa City into the National Opioids Settlements —Additional Settlements. Whereas, Resolution 21-309, adopted by City Council on December 14, 2021, authorized the City Manager to opt the City of Iowa City into the National Opioids Settlements to participate in the nationwide settlement agreements that resolved all opioid litigation brought by states and local political subdivisions against Cardinal, McKesson, AmerisourceBergen, Johnson & Johnson/Janssen; and Whereas, continued negotiations have led to proposed nationwide settlement agreements that would resolve all opioid litigation brought by states and local political subdivisions against Teva, Allergan, CVS, Walgreens, and Walmart. Whereas, the settlement requires the defendants to pay up to $18.7 billion over the course of years to remediate and abate the impacts of the opioid crisis; and Whereas, the agreements require each state to decide whether it wishes to participate in the settlement; Iowa decided to do so; and Whereas, the more political subdivisions that participate in the settlements, the greater the amount of funds that flow to that state and the participating subdivisions; and Whereas, any subdivision that does not participate in the settlements will not have share in the settlement funds; and Whereas, Resolution 21-309, adopted by the City Council on December 14, 2021, authorized the City Manager to execute the State of Iowa Memorandum of Understanding, which articulates the terms of division of settlement funds between the State and the local subdivisions, as well as approved opioid remediation uses; and Whereas, said State of Iowa Memorandum of Understanding would also apply to any settlement funds received in additional settlements by defendants in the National Opioids Settlements; and Whereas, pursuing separate litigation by the City against the opioid defendants would be expensive, time-consuming, and risky; and Whereas, the deadline for opting into these additional settlement agreements is April 18, 2023; and Whereas, it is thus in the best interests of the City to accept the class action settlement agreements with Teva, Allergan, CVS, Walgreens, and Walmart, and Resolution No. 23-98 Page 2 delegate authority for the execution and management of said agreements to the City Manager; and Whereas, because of the possible need to negotiate allocations with Johnson County, and because of the need to maintain flexibility in managing the expenditure of settlement funds on approved remediation uses, the City Council's previous designation of authority to the City Manager shall be continued. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that; 1. The City Manager, with the advice and consent of the City Attorney, is hereby authorized to opt in and execute the attached settlement agreements with Teva, Allergan, CVS, Walgreens, and Walmart. 2. The City Manager continues to be authorized to negotiate the sub -allocation of settlement funds from Johnson County to the City of Iowa City, and to manage the expenditure of settlement funds on approved opioid remediation uses. Passed and approved this 4th day of _ April 2023. Attest: City Clerk It was moved by Alter adopted, and upon roll call there were: Ayes: Ma and seconded by Nays: Approved by City Attorne s Office (Jennifer Schwickerath — 03/29/2023) Dunn the Resolution be Absent: Alter Bergus Dunn Harmsen Taylor Teague Thomas DocuSign Envelope ID: FA24AEF2-5CB8-4366-BE4E-80DCFF6845DE New National Opioids Settlements: Teva, Allergan, CVS, Walgreens, and Walmart Opioids Implementation Administrator vpioidsparticipation�ru6ris. com Iowa City, IA Reference Number: CL -384054 TO LOCAL POLITICAL SUBDIVISIONS AND SPECIAL DISTRICTS: THIS PACKAGE CONTAINS DOCUMENTATION TO PARTICIPATE IN THE NEW NATIONAL OPIOID SETTLEMENTS. YOU MUST TAKE ACTION IN ORDER TO PARTICIPATE. Deadline: April 18, 2023 Five new proposed national opioid settlements ("New National Opioid Settlements") have been reached with Teva, Allergan, CVS, Walgreens, and Walmart ("Settling Defendants"). This Participation Package is a follow-up communication to the Notice of National Opioid Settlements recently received electronically by your subdivision or special district ("subdivision"). You are receiving this Participation Package because Iowa is participating in the following settlements: • Teva • Allergan • CVS • Walgreens • Walmart If a state does not participate in a particular Settlement, the subdivisions in that state are not eligible to participate in that Settlement. This electronic envelope contains: Participation Forms for Teva, Allergan, CVS, Walgreens, and Walmart, including a release of any claims. The Participation Form for each settlement must be executed, without alteration, and submitted on or before April 18, 2023, in order for your subdivision to be considered for initial participation calculations and payment eligibility. Based upon subdivision participation forms received on or before April 18th, the subdivision participation rate will be used to determine whether participation for each deal is sufficient for the settlement to move forward and whether a state earns its maximum potential payment under the settlement. If the settlement moves forward, your release will become effective. If a settlement does not move forward, that release will not become effective. DocuSign Envelope ID: FA24AEF2-5CS8-4366-BE4E-80DCFF6845DE Any subdivision that does not participate cannot directly share in the settlement funds, even if the subdivision's state is settling and other participating subdivisions are sharing in settlement funds. Any subdivision that does not participate may also reduce the amount of money for programs to remediate the opioid crisis in its state. Please note, a subdivision will not necessarily directly receive settlement funds by participating; decisions on how settlement funds will be allocated within a state are subject to intrastate agreements or state statutes. You are encouraged to discuss the terms and benefits of the New National Opioid Settlements with your counsel, your Attorney General's Office, and other contacts within your state. Many states are implementing and allocating funds for these new settlements the same as they did for the prior opioid settlements with McKesson, Cardinal, Amerisource, and J&J/Janssen, but states may choose to treat these settlements differently. Information and documents regarding the New National Opioid Settlements and how they are being implemented in your state and how funds will be allocated within your state allocation can be found on the national settlement website at httos:/Inationa_lopioidsettlement.com/. This website will be supplemented as additional documents are created. How to return signed forms: There are three methods for returning the executed Participation Forms and any supporting documentation to the Implementation Administrator: (1) Electronic Signature via DocuSign: Executing the Participation Forms electronically through DocuSign will return the signed forms to the Implementation Administrator and associate your forms with your subdivision's records. Electronic signature is the most efficient method for returning Participation Forms, allowing for more timely participation and the potential to meet higher settlement payment thresholds, and is therefore strongly encouraged. (2) Manual Signature returned via DocuSign: DocuSign allows forms to be downloaded, signed manually, then uploaded to DocuSign and returned automatically to the Implementation Administrator. Please be sure to complete all fields. As with electronic signature, returning manually signed Participation Forms via DocuSign will associate your signed forms with your subdivision's records. (3) Manual Signature returned via electronic mail: If your subdivision is unable to return executed Participation Forms using DocuSign, signed Participation Forms may be returned via electronic mail to opioidsparti_cipation�i-ubi,is.col-n. Please include the name, state, and reference ID of your subdivision in the body of the email and use the subject line Settlement Participation Forms - [Subdivision Name, Subdivision State] - [Reference ID]. DocuSign Envelope ID: FA24AEF2-5CB8-4366-BE4E-80DCFF6845DE Detailed instructions on how to sign and return the Participation Forms, including changing the authorized signer, can be found at https:i/rlationalopioidsettlement.com. You may also contact ogi ofd spa rd d patio n [c -v ru bris.com . The sign -on period for subdivisions ends on April 18, 2023. If you have any questions about executing these forms, please contact your counsel, the Implementation Administrator at opioidspar-ticiRation ,(@- rubris.corn, or Amy Licht at the Iowa Attorney General's Office at amy.Hcht(@aCl.iowa.gov. Thank you, National Opioids Settlements Implementation Administrator The Implementation Administrator is retained to provide the settlement notice required by the respective settlement agreements referenced above and to manage the collection of settlement participation forms for each settlement. DocuSign Envelope ID: FA24AEF2-5CB8-4366-BE4E-80DCFF6845DE EXHIBIT K Subdivision and Special District Settlement Participation Form Will your subdivision or special district be signing the settlement participation forms for the Allergan and Teva Settlements at this time? [x] Yes [ ] No Governmental Entity: Iowa City State: IA Authorized Signatory: Geoff Frui n Address l: 410 E Washington street Address 2: City, State, Zip: Iowa city Iowa 52240 Phone: 3193565013 Email: gfruin@iowa-city.org The governmental entity identified above ("Governmental Entity"), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Agreement dated November 22, 2022 ("Allergan Settlement"), and acting through the undersigned authorized official, hereby elects to participate in the Allergan Settlement, release all Released Claims against all Released Entities, and agrees as follows. The Governmental Entity is aware of and has reviewed the Allergan Settlement, understands that all terms in this Election and Release have the meanings defined therein, and agrees that by this Election, the Governmental Entity elects to participate in the Allergan Settlement as provided therein. 2. Following the execution of this Settlement Participation Form, the Governmental Entity shall comply with Section III.B of the Allergan Settlement regarding Cessation of Litigation Activities. The Governmental Entity shall, within fourteen (14) days of the Reference Date and prior to the filing of the Consent Judgment, file a request to dismiss with prejudice any Released Claims that it has filed. With respect to any Released Claims pending in In re National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the MDL Plaintiffs' Executive Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal With Prejudice substantially in the form found at i]Ups:flnationaIopioidsettleFnrnt.con). 4. The Governmental Entity agrees to the terms of the Allergan Settlement pertaining to Subdivisions and Special Districts as defined therein. By agreeing to the terms of the Allergan Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date. 6. The Governmental Entity agrees to use any monies it receives through the Allergan Settlement solely for the purposes provided therein. DocuSign Envelope ID: FA24AEF2-5CB8-4366-BE4E-80DCFF6845DE 7. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity's state where the Consent Judgment is filed for proposes limited to that court's role as provided in, and for resolving disputes to the extent provided in, the Allergan Settlement. 8. The Governmental Entity has the right to enforce the Allergan Settlement as provided therein. 9. The Governmental Entity, as a Participating Subdivision or Participating Special District, hereby becomes a Releasor for all purposes in the Allergan Settlement, including, but not limited to, all provisions of Section V (Release), and along with all departments, agencies, divisions, boards, commissions, Subdivisions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity whether elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist in bringing, or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Allergan Settlement are intended to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Allergan Settlement shall be a complete bar to any Released Claim. 10. The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision or Participating Special District as set forth in the Allergan Settlement. 11. In connection with the releases provided for in the Allergan Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads: General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities' decision to participate in the Allergan Settlement. 12. Nothing herein is intended to modify in any way the terms of the Allergan Settlement, to which the Governmental Entity hereby agrees. To the extent this Settlement Participation Form is interpreted differently from the Allergan Settlement in any respect, the Allergan Settlement controls. DocuSign Envelope ID: FA24AEF2-5CB8-4366-BE4E-80DCFF6845DE I have all necessary power and authorization to execute this Settlement Participation Form on behalf of the Governmental Entity. DocuSigned by: Signature: C+ d FVU.Un, r e Name: Geoffrey Frui n Title: city Manager Date: 4/13/2023 DocuSign Envelope ID: FA24AEF2-5CB8-4366-BE4E-80DCFF6845DE Exhibit K Subdivision and Snecial_Dist_rici Settlement Participation Form Governmental Entity: Iowa City 1i State: IA Authorized Signatory: Geoff Frui n Address l: 410 E Washington street Address 2: City, State, Zip: Iowa city Iowa 52240 Phone: 3193565013 Email: gfruin@iowa-city.org The governmental entity identified above ("Governmental Entity"), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Agreement dated November 22, 2022 ("Teva Settlement"), and acting through the undersigned authorized official, hereby elects to participate in the Teva Settlement, release all Released Claims against all Released Entities, and agrees as follows. 1. The Governmental Entity is aware of and has reviewed the Teva Settlement, understands that all terms in this Election and Release have the meanings defined therein, and agrees that by this Election, the Governmental Entity elects to participate in the Teva Settlement as provided therein. 2. Following the execution of this Settlement Participation Form, the Governmental Entity shall comply with Section 11I3 of the Teva Settlement regarding Cessation of Litigation Activities. The Governmental Entity shall, within 14 days of the Reference Date and prior to the filing of the Consent Judgment, file a request to dismiss with prejudice any Released Claims that it has filed. With respect to any Released Claims pending in In re National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the Plaintiffs' Executive Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal With Prejudice substantially in the form found at hups:llnationalopi iUs- tlement.cont. 4. The Governmental Entity agrees to the terms of the Teva Settlement pertaining to Subdivisions as defined therein. 5. By agreeing to the terms of the Teva Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date. 6. The Governmental Entity agrees to use any monies it receives through the Teva Settlement solely for the purposes provided therein. 7. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity's state where the Consent Judgment is filed for purposes limited to that court's role as provided in, and for resolving disputes to the extent provided in, the Teva Settlement. DocuSign Envelope ID: FA24AEF2-5CB8-4366-BE4E-80DCFF6845DE 8. The Governmental Entity has the right to enforce the Teva Settlement as provided therein. The Governmental Entity, as a Participating Subdivision or Participating Special District, hereby becomes a Releasor for all purposes in the Teva Settlement, including but not limited to all provisions of Section V (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Teva Settlement are intended by Released Entitles and the Governmental Entity to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Teva Settlement shall be a complete bar to any Released Claim. 10. The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision or Participating Special District as set forth in the Teva Settlement. 1 1. In connection with the releases provided for in the Teva Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads: General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities' decision to participate in the Teva Settlement. 12. Nothing herein is intended to modify in any way the terms of the Teva Settlement, to which Governmental Entity hereby agrees. To the extent this Election and Release is interpreted differently from the Teva Settlement in any respect, the Teva Settlement controls. 2 W. D..,� DocuSign Envelope ID: FA24AEF2-5CB8-4366-BE4E-80DCFF6845DE I have all necessary power and authorization to execute this Election and Release on behalf of the Governmental Entity. oucu3ig�ed by: Signature: Vwvu Name: Geoffrey Frui n Title: City Manager Date: 4/13/2023 DocuSign Envelope ID: FA24AEF2-5CB8-4366-BE4E-80DCFF6845DE EXHIBIT K Subdivision Participation and Release Form Will your subdivision or special district be signing the settlement participation form for the CVS Settlement at this time? [x] Yes [ ] No Governmental Entity: Iowa City State: IA Authorized Signatory: Geoff Frui n Address 1: 410 E washi ngton street Address 2: City, State, Zip: Iowa city Iowa 52240 Phone: 3193565013 Email: gfruin@iowa-city.org The governmental entity identified above ("Governmental Entity"), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated December 9, 2022 ("CVS Settlement"), and acting through the undersigned authorized official, hereby elects to participate in the CVS Settlement, release all Released Claims against all Released Entities, and agrees as follows. 1. The Governmental Entity is aware of and has reviewed the CVS Settlement, understands that all terms in this Participation and Release Form have the meanings defined therein, and agrees that by executing this Participation and Release Form, the Governmental Entity elects to participate in the CVS Settlement and become a Participating Subdivision as provided therein. 2. The Governmental Entity shall promptly, and in any event no later than 14 days after the Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released Claims that it has filed. With respect to any Released Claims pending in In re National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the Plaintiffs' Executive Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal with Prejudice substantially in the form found at littps:'lnationalopioidsett l em.� nt.com,. 3. The Governmental Entity agrees to the terms of the CVS Settlement pertaining to Participating Subdivisions as defined therein. 4. By agreeing to the terms of the CVS Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date. The Governmental Entity agrees to use any monies it receives through the CVS Settlement solely for the purposes provided therein. F�WO DocuSign Envelope ID: FA24AEF2-5CB8-4366-BE4E-80DCFF6845DE 6. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity's state where the Consent Judgment is filed for purposes limited to that court's role as provided in, and for resolving disputes to the extent provided in, the CVS Settlement. The Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel as provided in, and for resolving disputes to the extent otherwise provided in, the CVS Settlement. 7. The Governmental Entity has the right to enforce the CVS Settlement as provided therein. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the CVS Settlement, including without limitation all provisions of Section XI (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the CVS Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The CVS Settlement shall be a complete bar to any Released Claim. The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision as set forth in the CVS Settlement. 10. In connection with the releases provided for in the CVS Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads: General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her would have materially affected his or her settlement with the debtor or released party. A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities' decision to participate in the CVS Settlement. 2 0': DocuSign Envelope ID: FA24AEF2-5CB8-4366-BE4E-80DCFF6845DE 11. Nothing herein is intended to modify in any way the terms of the CVS Settlement, to which Governmental Entity hereby agrees. To the extent this Participation and Release Form is interpreted differently from the CVS Settlement in any respect, the CVS Settlement controls. I have all necessary power and authorization to execute this Participation and Release Form on behalf of the Governmental Entity. Do<<rs g od by: Cfbt I`Vltilbt Signature: Name: Geoffrey Frui n Title: City Manager Date: 4/13/2023 0 0 o DocuSign Envelope ID: FA24AEF2-5CB8-4366-BE4E-80DCFF6845DE EXHIBIT K Subdivision Particination and Release Forin Will your subdivision or special district be signing the settlement participation form for the Walgreens Settlement at this time? [x] Yes [ ] No Governmental Entity: Iowa City State: IA Authorized Signatory: Geoff Frui n Address 1: 410 E Washington Address 2: City, State, Zip: Iowa city Iowa 52240 Phone: 3193565013 Email: gfruin@iowa-city.org The governmental entity identified above ("Governmental Entity"), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated December 9, 2022 ("Walgreens Settlement"), and acting through the undersigned authorized official, hereby elects to participate in the Walgreens Settlement, release all Released Claims against all Released Entities, and agrees as follows. I . The Governmental Entity is aware of and has reviewed the Walgreens Settlement, understands that all terms in this Participation and Release Form have the meanings defined therein, and agrees that by executing this Participation and Release Form, the Governmental Entity elects to participate in the Walgreens Settlement and become a Participating Subdivision as provided therein. The Governmental Entity shall promptly, and in any event no later than 14 days after the Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released Claims that it has filed. With respect to any Released Claims pending in In re National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the Plaintiffs' Executive Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal with Prejudice substantially in the form found at bus:dnationalopioi dsCLtl menr om. The Governmental Entity agrees to the terms of the Walgreens Settlement pertaining to Participating Subdivisions as defined therein. 4. By agreeing to the terms of the Walgreens Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date. The Governmental Entity agrees to use any monies it receives through the Walgreens Settlement solely for the purposes provided therein. EPT'Wm o DocuSign Envelope ID: FA24AEF2-5CB8-4366-BE4E-80DCFF6845DE 6. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity's state where the Consent Judgment is filed for purposes limited to that court's role as provided in, and for resolving disputes to the extent provided in, the Walgreens Settlement. The Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel as provided in, and for resolving disputes to the extent otherwise provided in, the Walgreens Settlement. 7. The Governmental Entity has the right to enforce the Walgreens Settlement as provided therein. 8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Walgreens Settlement, including without limitation all provisions of Section XI (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Walgreens Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Walgreens Settlement shall be a complete bar to any Released Claim. 9. The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision as set forth in the Walgreens Settlement. 10. in connection with the releases provided for in the Walgreens Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads: General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her would have materially affected his or her settlement with the debtor or released party. A Releasor may hereafter discover facts other than or different fi-om those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities' decision to participate in the Walgreens Settlement. 2 05, 0 DocuSign Envelope ID: FA24AEF2-5CB8-4366-BE4E-80DCFF6845DE 1 1. Nothing herein is intended to modify in any way the terms of the Walgreens Settlement, to which Governmental Entity hereby agrees. To the extent this Participation and Release Form is interpreted differently from the Walgreens Settlement in any respect, the Walgreens Settlement controls. 1 have all necessary power and authorization to execute this Participation and Release Form on behalf of the Governmental Entity, octusisnva by: Signature: Fz FVW-VU Name: Geoffrey Frui n Title: city Manager Date: 4/13/2023 DocuSign Envelope ID: FA24AEF2-5CB8-4366-BE4E-80DCFF6845DE EXHIBIT K Subdivision Participation Form Will your subdivision or special district be signing the settlement participation form for the Walmart Settlement at this time? [x] Yes [ ] No Governmental Entity: Iowa City State: IA Authorized Official: Geoff Frui n Address 1: 410 E Washington Address 2: City, State, Zip: Iowa city Iowa 52240 Phone: 3193565013 Email: gfruin@iowa-city.org The governmental entity identified above ("Governmental Entity"), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated November 14, 2022 ("Walmart Settlement"), and acting through the undersigned authorized official, hereby elects to participate in the Walmart Settlement, release all Released Claims against all Released Entities, and agrees as follows. 1. The Governmental Entity is aware of and has reviewed the Walmart Settlement, understands that all terms in this Election and Release have the meanings defined therein, and agrees that by this Election, the Governmental Entity elects to participate in the Walmart Settlement and become a Participating Subdivision as provided therein. 2. The Governmental Entity shall promptly, and in any event within 14 days of the Effective Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released Claims that it has filed. With respect to any Released Claims pending in In re National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the Plaintiffs' Executive Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal With Prejudice substantially in the form found at httM:Hnat ionalopitiidsLttlertiei�t.ct�ml. 3. The Governmental Entity agrees to the terms of the Walmart Settlement pertaining to Subdivisions as defined therein. 4. By agreeing to the terms of the Walmart Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date. 5. The Governmental Entity agrees to use any monies it receives through the Walmart Settlement solely for the purposes provided therein. DocuSign Envelope ID: FA24AEF2-5CB8-4366-BE4E-80DCFF6845DE 6. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity's state where the Consent Judgment is filed for purposes limited to that court's role as provided in, and for resolving disputes to the extent provided in, the Walmart Settlement. The Governmental Entity has the right to enforce the Walmart Settlement as provided therein. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Walmart Settlement, including but not limited to all provisions of Section X (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Walmart Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Walmart Settlement shall be a complete bar to any Released Claim. 9. In connection with the releases provided for in the Walmart Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads: General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities' decision to participate in the Walmart Settlement. 10. Nothing herein is intended to modify in any way the terms of the Walmart Settlement, to which Governmental Entity hereby agrees. To the extent this Election and Release is interpreted differently from the Walmart Settlement in any respect, the Walmart Settlement controls. DocuSign Envelope ID: FA24AEF2-5CB8-4366-BE4E-80DCFF6845DE I have all necessary power and authorization to execute this Election and Release on behalf of the Governmental Entity. oo��si9�ea by: Signature: FVV� V, It 51 Name: Geoffrey Frui n Title: city Manager Date: 4/13/2023 Item Number: 6.f. CITY OF IOWA CITY COUNCIL ACTION REPORT April 4, 2023 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Rohret South Trunk Sanitary Sewer Project. Prepared By: Joe Welter, Sr. Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $4,031,269.75 available in the Rohret South Sewer Project, Account #V3155 Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Resolution Executive Summary: This item awards the contract for construction of the Rohret South Trunk Sanitary Sewer Project. The engineer's estimated cost for construction of the project was $3,475,000, which included the base bid and Alternate #1. One bid was submitted prior to the March 28, 2023 deadline: Base Bid Alternate #1 Maxwell Construction Iowa City, IA $ 3,753,464.75 $ 277,805.00 Engineer's Estimate $ 3,074,540.00 $ 400,460.00 Maxwell Construction of Iowa City, Iowa submitted the lowest responsive, responsible bid. Staff recommends awarding the Contract, with the base bid plus Alternate #1, for the Rohret South Trunk Sanitary Sewer Project to Maxwell Construction, Inc. of Iowa City, Iowa. Background /Analysis: The proposed trunk sanitary sewer would connect future development on the west side of US Highway 218 to the City's Sanitary Sewer Collection System and allow development of properties west of Highway 218. The project will utilize existing right-of-way and the existing 20-foot wide permanent easement along Abbey Lane from Kiwanis Park to Mormon Trek Boulevard. Permanent easements, temporary construction easements, and the highway right-of-way will be utilized west of Mormon Trek Boulevard. Abbey Lane will be reconstructed with reconnected private sanitary sewer services, street pavement, driveway aprons, sidewalks, curb ramps, other public utilities, and seeding or sodding as needed to accommodate the installation of the new sewer main. Rushmore Drive and the surface areas where easements exist along Rushmore Drive will be reconstructed with new street pavement, curb ramps, and seeding or sodding. The current sanitary sewer along Abbey Lane and Rushmore Drive will be filled and abandoned in place. lP Prepared by:Joe Welter,Engineering Division,410 East Washington Street,Iowa City,Iowa 52240(319)356-5144 Resolution No. 23-99 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Rohret South Trunk Sanitary Sewer Project Whereas, Maxwell Construction, Inc. of Iowa City, Iowa has submitted the lowest responsive, responsible bid of$4,031,269.75 for construction of the above-named project; and Whereas, the bid includes the base bid and Alternate#1; and Whereas, funds for this project are available in the Rohret South Sewer Project, Account#V3155. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The contract for the construction of the above-named project for the base bid plus Alternate #1 is hereby awarded to Maxwell Construction, Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign the contract for construction of the above-named project and the Contractor's Bond, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 3. The City Engineer and City Manager are authorized to execute change orders according to the City's Purchasing Policy as they may become necessary in the construction of the above-named project. Passed and approved this 4th day of April , 2023 Ma Approved by Attest: �Q r City Clerk City Attorn 's Office (Liz Craig —03/30/2023) It was moved by Alter and seconded by Dunn the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Alter x _ Bergus x Dunn x Harmsen x • Taylor x Teague x Thomas Item Number: 6.g. CITY OF OF IOWA CITY � fil COUNCIL ACTION REPORT April 4, 2023 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Willow Creek Trail Replacement Project. Prepared By: Tyler Olson, Civil Engineer Reviewed By: Juli Seydell Johnson, Parks & Recreation Director Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $537,548.26 available in the Willow Creek Trail Replacement account #R4387 Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Resolution Executive Summary: This agenda item awards the construction contract for the Willow Creek Trail Replacement Project. The construction cost estimate for the project was $720,500.00 and six (6) bids were received by the March 28th deadline: Company Bid Amount Metro Pavers, Inc. $ 537,548.26 All American Concrete, Inc. $ 550.191.40 McComas-Lacina Construction, L.C. $ 615,476.00 Midwest Concrete, Inc. $ 617,466.80 Streb Construction, Inc. $ 618,469.50 J & L Construction, LLC $ 774,562.75 Based upon the bids received, staff recommends awarding the Willow Creek Trail Replacement project to Metro Pavers, Inc. of Iowa City, Iowa. Background /Analysis: The project includes the replacement of approximately 0.9 miles of the Willow Creek Trail from Benton St. to Willow Creek Dr., including a spur of the trail connecting to Aber Ave. and several connecting sidewalks and curb ramps. The replacement trail would remain in nearly the same footprint as the existing trail and would be constructed of concrete pavement. Project Timeline: Construction: May — October Prepared by:Tyler Olson,Engineering Division,410 E.Washington St.,Iowa City,IA 52240(319)356-5146 Resolution No. 23-100 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Willow Creek Trail Replacement Project Whereas, Metro Pavers, Inc. of Iowa City has submitted the lowest responsive, responsible bid of $537,548.26 for construction of the above-named project; and Whereas, funds for this project are available in the Willow Creek Trail Replacement project account#R4387. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The contract for the construction of the above-named project is hereby awarded to Metro Pavers, Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 3. The City Engineer and City Manager are authorized to execute change orders according to the City's Purchasing Policy as they may become necessary in the construction of the above-named project. Passed and approved this 4t-r day of Apri 1 , 2023 May r a Approved by Attest : }/ City lerk City Attor y's Office (Liz Craig —03/30/2023) It was moved by A1tPr and seconded by Dunn the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Alter x Bergus x Dunn x _ Harmsen x Taylor x Teague x Thomas Item Number: 6.11h. CITY OF IOWA CITY COUNCIL ACTION REPORT April 4, 2023 Resolution accepting the work for the Pedestrian Mall Handrailing Project. Prepared By: Scott Sovers, Asst. City Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: None Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Engineer's Report Resolution Executive Summary: Work on the project was recently completed by The Henley Group, LLC of Muscatine, Iowa, in substantial accordance with the plans and specifications. The Engineer's Report and Performance and Payment bonds are on file with the City Engineer. • Project Estimated Cost: $ 25,000.00 • Project Bid Received: $ 12,400.00 • Project Actual Cost: $ 12,400.00 Background /Analysis: This project generally included the installation of handrailing within the Pedestrian Mall near the southwest entry of the Iowa City Public Library. r 1 , CITY OF IOWA CITY 410 East Washington Street Iowa City,Iowa 52240- 1826 (319)356-5000 (319)356-5009 FAX www.icgov.org i ENGINEER'S REPORT March 18, 2023 City Clerk Iowa City, Iowa Re: Pedestrian Mall Handrailing Project Dear City Clerk: I hereby certify that the construction of the Pedestrian Mall Handrailing Project has been completed by The Henley Group, LLC of Muscatine, Iowa in substantial accordance with the plans and specifications prepared by Genus Landscape Architects. The project was bid as a unit price contract and the final contract price is $12,400.00. There were no change or extra work orders for the project. I I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Jas on Havel, P.E. City Engineer tp Prepared by: Scott Sovers,Engineering Division,Public Works,410 E.Washington St., Iowa City, IA 52240(319)356-5142 Resolution No. 23-101 Resolution accepting the work for the Pedestrian Mall Handrailing Project Whereas, the Engineering Division has recommended that the work for construction of the Pedestrian Mall Handrailing Project, as included in a contract between the City of Iowa City and The Henley Group, LLC of Muscatine, Iowa, dated June 24, 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 Pedestrian Mall Reconstruction account # R4340; and Whereas, the final contract price is $ 12,400.00. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 4th day of April , 2023 May Approved by „:". Attest: City Clerk City Attorn 's ffice (Liz Craig —03/29/2023) It was moved by Alter and seconded by Dunn _the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Alter x Bergus x Dunn x Harmsen x Taylor x Teague x Thomas Item Number: 6.i. CITY OF IOWA CITY COUNCIL ACTION REPORT April 4, 2023 Resolution dedicating roadways within JJR Davis, 2nd Addition as public right-of-way. Prepared By: Sara Hektoen, Assistant City Attorney Reviewed By: Ron Knoche, Public Works Director Kent Ralston, MPOJC Director Geoff Fruin, City Manager Fiscal Impact: $0 Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Reso dedicating ROW.docx Executive Summary: This resolution reestablishes the public right-of-way over a portion of Dane Road dedicated to the City upon approval of the JJR Davis, 2nd addition final plat, but mistakenly vacated in a subsequent ordinance. Because this right-of-way was dedicated pursuant to a final plat approval, by operation of state code the City continued to own the land even after the right-of- way was vacated. This mistake came to Staffs attention upon review of the rezoning application for adjacent property. Dane Road is an improved roadway and necessary for the proper traffic circulation of the subdivision. Staff recommends approval. Fee Doc ID: 032079410003 Type: GEN Kind: RESOLUTION Recorded: 05/09/2023 at 10:19:44 AM Fee Amt: $17.00 Page 1 of 3 Johnson County Iowa Kim Painter County Recorder BK6477 PG210-212 STATE OF IOWA ) ) SS JOHNSON COUNTY ) � r 't �+►i� AM�� � �R 1 city of &*',4 C I, Kellie K. Fruehling, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No. 23-102 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 4th day of April 2023, all as the same appears of record in my office. Dated at Iowa City, Iowa, this t t day of May 2023. `] Kellie k. Fruehling City Clerk fires 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 I Prepared by:Sara Hektoen,Assistant City Attorney,410 E.Washington St., Iowa City, IA 52240 (319)356-5030 Resolution No. 21-102 Resolution dedicating roadways within JJR Davis, 2nd Addition as public right-of-way. Whereas, in accordance with Iowa Code Chapter 354, the City accepted the dedication of those right-of-way shown on the final plat of JJR Davis, Second Addition upon approval of Resolution 05-149 on April 19, 2005, recorded in Book 3868, Page 80-119 of the Johnson County, Iowa Recorder; and Whereas, said plat is recorded in Book 49, Page 101, plat records, Johnson County, Iowa Recorder; and Whereas, by operation of Iowa Code Section 354.19, the dedication was equivalent to a deed in fee simple from the owners to the City; and Whereas, subsequent to the approval of said final plat and right-of-way dedication, the City Council adopted Ordinance 06-4226, vacating certain rights-of-way; and Whereas, said Ordinance inadvertently vacated a portion of the JJR Davis, 2th Addition right-of- way, namely a portion of the Dane Road right-of-way adjacent to Outlot A, JJR Davis, 2nd Addition, Whereas, the City Council did not authorize conveyance of the above-described portion of Dane Road and continues to own said property in fee simple; and Whereas, Council now desires to clarify and reestablish the public's right to utilize those roadways dedicated to it pursuant to said final platting process. Now, therefore, the City of Iowa City declares that all rights-of-way dedicated to the City pursuant to the final plat of JJR Davis, Second Addition, including that portion of Dane Road adjacent to Outlot A, are hereby dedicated to and open to the public as public rights-of-way. Passed and approved this 4th day of April , 2023. M OR Approved by a c`- -( � `ATTEST: G J CITY CLERK City Attorney's Office -(Sara Hektoen — 03/30/2023) Resolution No. 23-102 Page 2 It was moved by Alter and seconded by Dann the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent Abstain x Alter X Bergus X Dunn x Harmsen X Taylor x Teague X Thomas Item Number: 6.j. CITY OF OF IOWA CITY COUNCIL ACTION REPORT April 4, 2023 Resolution Approving Final Plat of Monument Hills Subdivision Iowa City, Iowa. (SUB22-0015) Attachments: Staff Report.docx FINAL PLAT 03-09-23_v4.pdf Final Plat - Resolution.doc STAFF REPORT To: City Council Prepared by: Anne Russett, Senior Planner Item: SUB22-0015 Date: April 4, 2023 Monument Hills Final Plat GENERAL INFORMATION: Applicants: Douglas Paul Monument Farms LLC PO Box 455 North Liberty, IA 52317 drpaU1507(aDyahoo.com Contact Person: Michael Welch Welch Design and Development michael(aDwelchdesigndevelopment.com Owner: Douglas Paul Monument Farms LLC PO Box 455 North Liberty, IA 52317 drpaU1507(aDyahoo.com Harvest Preserve Foundation, Inc. 3402 Rochester Ave Iowa City, IA 52245 Profiles Corporation 3402 Rochester Ave Iowa City IA 52245 Requested Action: Approval of final plat Purpose: Creation of 67 single-family lots and one multi- family lot; Outlot to be dedicated to the City for public open space Location: West of N. Scott Boulevard and north of Rochester Avenue. Location Map: r W: .t Ao 2 Size: 72.17 acres Existing Land Use and Zoning: Undeveloped/Vacant Open Space, Low Density Single Family Residential with a Planned Development Overlay (OPD/RS-5) and Interim Development- Single-Family Residential with a Planned Development Overlay (OPD/ID-RS) and ID-RS Surrounding Land Use and Zoning: North: ID-RS, Interim Development-Single- Family Residential South: RS-5, Low Density Single Family Residential East: ID-RS, Interim Development-Single- Family Residential West: RS-5, Low Density Single Family Residential Comprehensive Plan: Conservation Design, Single-Family, Townhome, and Small Apartment District Plan: Northeast Neighborhood Open Space District: NE1 File Date: October 25, 2022 60 Day Limitation Period: 60-day limitation period was waived by the applicant BACKGROUND INFORMATION: The applicants, Douglas Paul of Monument Farms LLC and Joe Clark of Monument Hills LLC, submitted a final platof Monument Hills(Attachment 2), a 72.17 acre platcontaining 67 single family lots, one being the existing 3106 Rochester Avenue home referred to as lot 67, lot 66 intended for a senior living community, and lot 68 an existing communications tower. The subject property is located west of N. Scott Boulevard and north of Rochester Avenue. The plat shows the creation of Allison Way and Heron Drive off of Rochester Avenue, as well as a trail connection to Calder Park. On August 16, 2022 the City Council approved a rezoning for approximately 64.38 acres of the property to OPD/RS-5 and 0.31 acres to OPD/ID-RS to accommodate the existing communications tower. The rezoning included the following conditions: a. Prior to issuance of a building permit, Owner shall: i. Dedicate a private access easement to the property hereby zoned OPD/ID-RS; ii. Dedicate a public access easement to allow a public trail from the proposed development to Calder Park in a form of agreement approved by the City Attorney and install a 10' wide trail therein; iii. Dedicate to the City, without compensation, right-of-way along Rochester Ave and N. Scott Blvd. b. The final plat for any of the above-described land shall incorporate traffic calming generally in locations shown on the attached overall Concept Plan. The preliminary planned development overlay plan and sensitive areas development plan was approved as part of the rezoning. 3 On September 20, 2022, the Council approved the preliminary plat and preliminary sensitive areas development plan for the addition of Outlot E (SUB22-0006) for Monument Hills. Outlot E on the preliminary plat is now Outlots E and F on the final plat. ANALYSIS: The final plat of Monument Hills is in general compliance with the preliminary plat and subdivision regulations. Legal papers and construction drawings are currently being reviewed by staff. It is anticipated that these documents will be approved prior to the April 4, 2023 Council meeting. Environmentally Sensitive Areas: The application for the final plat included the final sensitive areas development plan for the site except for Lot 66. Final sensitive areas development plans are reviewed administratively. For Lot 66, the final sensitive areas development plan will be reviewed with the Major Site Plan application. The sites includes wetlands, woodlands, slopes, and a stream corridor. Preliminary sensitive areas development plans were approved as part of the rezoning and preliminary plat. Neighborhood Open Space: According to section 14-5K of the City code, dedication of public open space or fee in lieu of land dedication is addressed at the time of final platting for residential subdivisions. Based on the 64.37 acres of RS-5 zoning, the developer would be required to dedicate 1.38 acres of land or pay a fee in-lieu. Staff originally requested that the applicant dedicate land to expand the size of Calder Park. The applicant was not interested in dedicating that land, changed the boundary of the proposed rezoning, and requested to pay a fee in-lieu instead. However, the applicant has since decided to dedicate Outlot E to the City for the expansion of Calder Park. Outlot E contains 1.5 acres of land and includes the trail connection to Calder Park. The dedication of Outlot E to the City fulfills the requirement of section 14-5K. The City has reviewed the proposed land dedication and has determined that it satisfies the requirements of section 14-5K. Stormwater Management: The storm sewer system will capture runoff and convey this runoff to an existing regional detention basin. Public Works has reviewed and approved the final stormwater management plan. Infrastructure Fees: Required fees include a water main extension fee of$503.57 per acre and a sanitary sewer tap on fee of$1,796.50 per acre for the 72.17 acre subdivision. SUMMARY: As conditions of the rezoning, the owner is required to dedicate a private access easement to the communications tower on lot 68; dedicate a public access easement to allow a public trail from the proposed development to Calder Park and install a 10' wide trail, including the stream crossing; dedicate additional right of way at the intersection of Rochester Avenue and North Scott Boulevard for future public improvements by the City; and incorporate traffic calming features in general locations as shown on the preliminary plat. The final plat incorporates all of these conditions. NEXT STEPS: Upon review and approval the final plat by the City Council and the final sensitive areas development plan by staff, the applicant can move forward with grading and infrastructure improvements, followed by site plan review and building permitting. STAFF RECOMMENDATION: Staff recommends approval of SUB22-0015, an application submitted by Douglas Paul of Monument Farms LLC and Joe Clark of Monument Hills LLC for a Final Plat for Monument Hills, a 72.17 acre subdivision containing 67 single family lots, one being the existing 3106 Rochester Avenue home referred to as lot 68, lot 66 intended for a senior living community, and lot 67 an 4 existing communications tower located west of north Scott Boulevard and north of Rochester Avenue. ATTACHMENTS: 1. Final Plat Approved by: Aman, AICP, Development Services Coordinator Department of Neighborhood and Development Services -ar,m�Wmnmwoixvmtivnn 1N3wdOl3n3aaNVNDI53a FDl3M 831V39 Lb000Z �S1NY1109JO7 Y "mol 1NOIX �� ® VI DVOh � xewmdna� s,IHw3wnNDw �d,VNI3 Z. rA 4 8 5 i<'� $ 8 8 8 8 8 4 -g S m so z _ a4 aiC -- „. o "w= F: ££: BoCo o Fc '. a§aa s4 =e1 = soo gee o 6 t o zs 6 s 9 a gBoF> m€F = 6lo a - sss o o sem. _ - 88° RYee ieg SSmjx0003 iF €B� � � _ p Ise € e moo.._a a s a "a°hi3 1 i Qo rINNVRP q w 'lo o �i Ag R 8 w b 0 SNE qo. e.e o p ptoG o 4Z I N g N Hs \ o / N m` 4 \\ E mo JCID r z ( \ WN o _ \ --- - -r-c- V \ „w — ooll ��oo --r- va,_ sz'ee[i nn.iz of TON xtus 9NINN 96Lat� ' _ eEomiz3o�a s,noi Arroio n3rvno� � ssri.axaHaoax,,.vM z w , -ar,I.oa I".,I—i-.— 1N3 Ad Ol 3A3 dNV N9 I53d Fdl 3M 831V39 Ib22 .... ,a�.,,,a a..T,a m WOIXo� VI AIDVMOh �>"oi°ewmdna° mIrI L.13wnNow 1mdivNl3 o s D aSnt _ - 3bgd 3oEnHq H HHH DD PP . :5 § _ s. � 888888888888888888888888888888888888888888888 ; 888888888 p88888888888888 De as aeea eeea � o : aer eea - 333 ? 336339 _ y g e g ; u e e a o o \ mo° V A ZQ E 3 i i i a a X88 s\Q - da ox . o4eIII I, ��V A\ s 9 0f r6u A A � � 6om � �9g DYG'<^we'<R c i boz mo e m ro a,3 0 LU 5 3 a ,°x° -�moi �r,o>uro,,,M�, iN3wdoi3n3a aNV N�is3a roi3m a3iv3� Lb00oz vS1NY1109J07 " l 1NOIXo� ® Demomo ��oi°�NiMdna° o MHw3wnNow 1mdIVNi3 - _ s x w j o 5 g s� @ a . 2 z o .g i G 0x � o4a " � aorrr ��� / e. '3as m vm p aya te— xx / „ 8& G I�J 0 �v= OO B m "o " po m� LU 3 z o ' H-I o o 9� i ltllltil llllll 111 ��l�l t � t t t 11111111111tttl lull lltlti �lltil ��lll lull ltltl ll�ti lilt Qoe I6: 032076960042 Type. G r 1 Kind: 5U80IVISIQfs Recorded: 451 I Q412Q23 a 31: 19 :2A AM of 42 Fee Amt : $212.4Q Page JohnsCountyGouIowantVRecorder +i VIII Im the am Ponainter BK6476 PG163-204 _ CITY OF IOWA CITY 410 East Washington Strcet Iowa Citv. Iowa 52240-1826 (3 19) 356-5000 STATE OF IOWA ) (3 19) 356-5009 FAX ) SS www ;cgov.org JOHNSON COUNTY ) I, Kellie K. Fruehling, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No. 23-103, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 4th day of April 2023, all as the same appears of record in my office. Also attached are the final legal documents for Monument Hills Subdivision, Iowa City, Iowa. Dated at Iowa City, Iowa, this j )day of i ' , 2023. Kellie . Fruehling City Clerk fires subdivision Prepared by: Anne Russett, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (SUB22-0015) Resolution No. 23-103 Resolution Approving Final Plat of Monument Hills Subdivision Iowa City, Iowa.. (SUB22-0015) Whereas, the owners, Harvest Preserve Foundation, Inc; Profiles Corporation; and Monument Farms LLC, filed with the City Clerk the final plat of Monument Hills Subdivision, Iowa City, Iowa, Johnson County, Iowa; and Whereas, said subdivision is located on the following -described real estate in Iowa City, Johnson County, Iowa, to wit: BEING ALL OF AUDITOR'S PARCEL 200033 IN BOOK 41 PAGE 192, AND PART OF AUDITOR'S PARCEL 200034 IN BOOK 41 PAGE 191, ALL OF AUDITOR'S PARCEL 2022024 IN BOOK 65 PAGE 294, AND ALL OF AUDITOR'S PARCEL 2022076 IN BOOK 66 PAGE 126 OF THE JOHNSON COUNTY RECORDER'S OFFICE, ALL IN SECTION 12, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., CITY OF IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS: BEGINNING AT THE SOUTHWEST CORNER OF AUDITOR'S PARCEL 200034 AS RECORDED IN BOOK 41 PAGE 191 OF THE JOHNSON COUNTY RECORDER'S OFFICE, THENCE N01010'21"W, 1,799.23 FEET TO THE NORTH LINE OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M.; THENCE ALONG SAID LINE N87°42'14"E, 1,549.13 FEET TO THE SOUTH LINE OF SAID AUDITOR'S PARCEL 2022076; THENCE ALONG SAID SOUTH LINE S56013'44"E, 807.74 FEET TO THE WEST RIGHT-OF-WAY LINE OF N. SCOTT BOULEVARD; THENCE ALONG SAID LINE S19029'26"E, 549.93 FEET; THENCE N70022'36"E, 40.00 FEET; THENCES19037'24"E, 33.00 FEET; THENCE S69°03'42"W, 1,213.46 FEET, THENCE S69003'59"W, 863.50 FEET; THENCE S73021'59"W, 366.60 FEET; THENCE 127.02 FEET ALONG A 1145.99 FOOT RADIUS CURVE CONCAVE NORTHERLY (CHORD BEARING S76°54'48"W, 126.95 FEET) TO THE POINT OF BEGINNING. DESCRIBED AREA CONTAINS 72.17 ACRES AND IS SUBJECT TO EASEMENTS AND OTHER RESTRICTIONS OF RECORD. Whereas, the Neighborhood and Development Services Department and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and Whereas, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and Whereas, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2022) and all other state and local requirements. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets and easements as provided by law and Resolution No. 23-103 Page 2 specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. The City shall accept the public improvements and open them for public access upon satisfaction of the terms and conditions stated in the Subdivider's Agreement. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this 4th day of April 2023. May Approved by r Attest: ) p�Lf City Clerk City Attor ey's Office — (Sara Hektoen — 03/30/2023) It was moved by Alter adopted, and upon roll call there were: Ayes- x— X Y X A X pcd/templates/Final_Plat_-_Resolution (6).doc,doc and seconded by Nays: Dunn the Resolution be Absent: Alter Bergus Dunn Harmsen Taylor Teague Thomas Item Number: 7.a. CITY OF IOWA CITY COUNCIL ACTION REPORT April 4, 2023 Resolution setting a public hearing on April 18, 2023 on project manual and estimate of cost for the construction of the Hickory Hill Park Shelter and Restrooms Project, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said project manual on file for public inspection. Prepared By: Marri Van Dyke, Civil Engineer Reviewed By: Juli Johnson Seydell, Parks & Recreation Director Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $442,000 available in the Hickory Hill Park account#R4365 Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Resolution Executive Summary: This item begins the bidding process for the Hickory Hill Shelter and Restrooms Project, which includes replacement of the shelter and restroom located at the Conklin Lane entrance of Hickory Hill Park. Background /Analysis: This work was originally bid as an alternate with the 2023 Park Renovations Project. After reviewing the bid results, the base bid for the project was accepted, while the alternate was rejected. A new separate project was then created to re-bid the Hickory Hill Park improvements in an effort to realize cost savings for the City. Currently, the Conklin Lane entrance has a combined shelter and restroom that needs to be replaced due to its age and condition. The new structures will be separate from each other, with the shelter staying in the same location and the restrooms moving closer to the parking lot. These improvements align with what is called for in the 2016 Hickory Hill Park Master Plan. The park is also prioritized in the 2017 Park Master Plan. City staff has worked closely with Friends of Hickory Hill during project design. Project Timeline: Hold Public Hearing —April 18, 2023 Bid Letting — May 9, 2023 Award Date — May 16, 2023 Construction — June to December 2023 Prepared by:Mani VanDyke,Engineering Division,410 E.Washington St.,Iowa City,IA 52240,(319)356-5044 Resolution No. 23-104 Resolution setting a public hearing on April 18, 2023 on project manual and estimate of cost for the construction of the Hickory Hill Park Shelter and Restrooms Project, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said project manual on file for public inspection. Whereas, funds for this project are available in the Hickory Hill Park account#R4365. Now, therefore, be it resolved by the Council of the City of Iowa City, Iowa, that: 1. A public hearing on the project manual and estimate of cost for the construction of the above- mentioned project is to be held on the 18th day of April, 2023, at 6:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four(4) nor more than twenty (20) days before said hearing. 3. ,A copy of the project manual and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 4th day of April , 2023 1 ( Z74.K42-_- M or' Approved by —(1) , 11 Attest: �;%�,�,�Q.� City C erk City Att ey's Office (Liz Craig -03/30/2023) It was moved by Alter and seconded by Dunn the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Alter x Bergus x Dunn x Harmsen x Taylor x Teague x Thomas Item Number: 7.b. CITY OF IOWA CITY COUNCIL ACTION REPORT April 4, 2023 Resolution setting a public hearing for April 18, 2023 on an ordinance amending Title 3, entitled "Finance, Taxation and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties, of the City Code to increase or change charges and fees. Prepared By: Nicole Davies, Finance Director Reviewed By: Geoff Fruin, City Manager Fiscal Impact: Water rate adjustments for FY2024 amounting to an increase of approximately $400,000 per year in revenues for the Water fund. Wastewater rate adjustments for FY2024 amounting to an increase of approximately $242,000 per year in revenues for the Wastewater fund. Solid Waste Disposal rate adjustments for FY2024 amounting to an increase of approximately $390,000 per year in revenues for the Refuse fund. Minimum tipping fee rate adjustments for FY2024 amount to an increase of approximately $150,000 per year in revenues for the Landfill fund. Parking permit adjustment for FY2024 amounting to an increase of approximately $85,000 per year in revenues for the Parking fund and $23,000 per year in revenues for the Transit fund. Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Notice of Public Hearing.docx Utility_Fee_DRAFT Ordinance.doc Utility_Fee_Resolution.doc Executive Summary: The Finance Department requests the City Council set a public hearing for April 18, 2023 to consider amending Title 3, Chapter 4 of the City Code. Title 3, Chapter 4 amendments include a 4% increase in water users charges, a 2% increase in wastewater user charges, an increase of residential solid waste collection fees for curbside solid waste disposal by $1.00 per dwelling unit per month, an increase of additional refuse carts over 1 , per month by $1 .00 each, and an increase in residential solid waste collection fees for curbside recycling fees by $1 .00 per dwelling unit per month, an increase of $7.50 for the first bulky item and $4.00 for each additional bulky item per pickup, an increase in the minimum tipping fee charged at the landfill for Iowa City residents by $7.00 per visit and for non-Iowa City residents by $7.50 per visit, an increase in stormwater user charges by $.50 per equivalent residential unit per month, an increase in the monthly parking permit fee by $5.00 per month, the annual advance monthly parking permit by $57.00 per year and the annual moped/scooter/motorcycle permit by $5.00 per year in fiscal year 2024. Background /Analysis: Title 3, Chapter 4 of the City Code is the "Schedule of Fees. Rates, Charges, Bonds. Fines and Penalties" Potable Water Use and Service Rate Adjustments In the revised fiscal year 2023, the Water fund has a projected ending unassigned fund balance of $7,155,432. With the rate adjustments the projected ending fund balance for fiscal year 2024 would be $7,378,459, a slight 3.1% increase. The City's five-year capital improvement program projects water funding for capital projects over the next five years to be between $1 ,067,500 and $3,944,000 each year for a total of $9,761 ,500. This figure does not include the cost of repairing emergency water main breaks. Without a rate increase, the fund balance would decline. The Water fund is an enterprise or a business-type fund that is expected to be self-funding. The primary solution is to review water rates and charges to ensure that the fund is generating sufficient revenue to cover both its operating and capital expenses. By implementing a user rate increase of 4% in fiscal year 2024 the anticipated decline in the water fund's cash balance is greatly reduced. This solution also provides for a much healthier and sustainable fund over time versus financing the necessary capital improvements through revenue bonds or other debt. All fees and charges, within the Water rates, are proposed to be increased 4% in fiscal year 2024, with a few small exceptions. The fee for the direct purchase of water is proposed to remain at $0.50 per 100 gallons, the deposit for residential tenant accounts is proposed to remain at $120.00, and the reconnection of discontinued service is proposed to remain at $45.00. With these changes the minimum monthly charge for households with a 5/8 or 5/8 x 3/4 meter size increases from $8.19 to $8.52 in fiscal year 2024. The proposed fee increases are expected to generate enough revenue to be able to help offset the increases in operational costs and in funding for the capital improvement program and ensuring that the Water fund remains a self-funding enterprise. The expected increase in revenues is approximately $400,000 each year. Wastewater Treatment Works User Charges Rate Adjustments In fiscal year 2022, the Wastewater fund had an ending unassigned fund balance of $14,832,149. With a rate adjustment the projected ending fund balance for fiscal year 2024 would be $11,889,329, a 19.8% decrease over the two years. The City's five-year capital improvement program projects wastewater funding for capital projects over the next five years to be between $2,455,000 and $6,131,000 each year for a total of $19,060,500. Additionally, two $14,000,000 revenue bonds are planned in fiscal year 2024 for two major capital projects. The Wastewater fund is an enterprise or a business-type fund that is expected to be self- funding. The primary solution is to review wastewater rates and charges to ensure that the fund is generating sufficient revenue to cover both its operating and capital expenses. By implementing a user rate increase of 2% in fiscal year 2024 the anticipated decline in the wastewater fund's cash balance is greatly reduced. This solution also provides for a much healthier and sustainable fund over time versus financing the necessary capital improvements through additional revenue bonds or other debt. All fees and charges, within the Wastewater rates, are proposed to be increased 2% in fiscal year 2024, with one exception. The fee for a deposit for a residential tenant account is proposed to remain at $120.00. With these changes the minimum monthly charge for households for up to 100 cubic fee of water used increases from $8.15 to $8.31 in fiscal year 2024. The proposed fee increases are expected to generate enough revenue to be able to help offset the increases in funding for the capital improvement program and revenue bond debt and ensuring that the Wastewater fund remains a self-funding enterprise. The expected increase in revenues is approximately $242,000 each year. Solid Waste Disposal Rate Adjustments In the fiscal year 2022, the Refuse Collection fund had an ending unassigned fund balance of $1,374,200. The revised projected ending fund balance for fiscal year 2023 is estimated to be $1,256,248, an 8.6% decrease. The estimated fund balance for fiscal year 2024 with the rate adjustments is $1,355,425, which is still a slight decrease from fiscal year 2022. The City's curbside program has seen consistent increases in trash, recycling and organics usage over the past three years, while fuel, equipment, and labor costs have increased for all three services. Without the $1 .00 per dwelling unit per month increase for curbside recycling, the $1.00 per dwelling unit per month increase for curbside solid waste disposal, and the increases of $7.50 for the first bulky item pickup and $4.00 for each additional bulky item pickup, the fund balance would continue to decline. In the fiscal year 2022, the Landfill fund had an ending unassigned fund balance of $2,449,879. The revised projected ending fund balance for fiscal year 2023 is estimated to be $2,287,802, a 6.6% decrease. The estimated ending fund balance for fiscal year 2024 with the rate adjustments is $1,811,129, a 20.8% decrease. The City's five-year capital improvement program projects water funding for capital projects over the next five years to be between $403,00 and $5,455,000 each year for a total of $10,425,750. The increase to the minimum tipping fee of $7.00 for Iowa City residents and $7.50 for Non-Iowa City residents is needed to help offset the capital projects costs and is more comparable to what other area landfills are charging. The Refuse Collection and Landfill funds are enterprise or business-type funds that are expected to be self-funding. The primary solution is to review user rates to ensure that the fund is generating sufficient revenue to cover both operating and capital expenses. By implementing the solid waste rate increases mentioned previously in fiscal year 2024, the anticipated declines in the funds' cash balances are greatly reduced. This solution also provides for much healthier and sustainable funds over time versus financing the necessary capital improvements through revenue bonds or other debt. The proposed fee increases are expected to generate enough revenue to support the increase in operational costs and capital projects and ensures that the Refuse Collection and Landfill funds remain a self-funding enterprise. The expected increase in revenues for the Refuse Collection and Landfill funds are approximately $391,000 and $150,000 a year, respectively. Stormwater Utility Fee Rate Adjustments In fiscal year 2022, the Stormwater fund had an ending unassigned fund balance of $798,799. The revised projected ending fund balance for fiscal year 2023 is estimated to be $732,820, an 8.25% decrease. With the rate adjustment, the estimated ending unassigned fund balance is $798,877. The City's five-year capital improvement program projects stormwater funding for capital projects over the next five years to be between $240,000 and $1,090,000 each year for a total of $3,740,000. Without a rate increase, the fund balance would continue to decline. The Stormwater fund is an enterprise or a business-type fund that is expected to be self- funding. The primary solution is to review stormwater rates to ensure that the fund is generating sufficient revenue to cover both its operating and capital expenses. By implementing a user rate increase of $0.50 per equivalent residential unit (ERU) in fiscal year 2024, the anticipated decline in the stormwater fund's cash balance is greatly reduced. This solution also provides for a much healthier and sustainable fund over time versus financing the necessary capital improvements through revenue bonds or other debt. With this increase in charges, the monthly charge for households with 1 ERU increases from $5.00 to $5.50 in fiscal year 2024. The proposed fee increase is expected to generate enough revenue to support the increase in funding for the capital improvement program and ensures the Stormwater fund remains a self-funding enterprise. The expected increase in revenues is approximately $175,000 a year. Parking Rate Adjustments In fiscal year 2020, the Parking fund had an ending unassigned fund balance of $2,171,686. The ending unassigned fund balance in fiscal year 2022 was $1,589,509, a decrease of 26.8% over the two years. The projected ending fund balance for fiscal year 2024 is estimated to be $1 ,838,002, a 15.4% decrease from fiscal year 2020. The Parking fund was impacted the most from COVID-19 and revenues are still not at their pre-COVID levels. Even with a rate increase, we are still anticipating a slight decrease in fund balance in fiscal year 2024. The Parking fund is an enterprise or a business-type fund that is expected to be self-funding. The primary solution is to review parking rates to ensure that the fund is generating sufficient revenue to cover both its operating and capital expenses. By implementing a $5.00 increase for the monthly parking permit fee, the anticipated decline in the parking fund's cash balance is greatly reduced. This solution also provides for a much healthier and sustainable fund over time versus financing the necessary capital improvements through revenue bonds or other debt. With this increase in permit fees, the monthly fee for parking ramp permits increases from $85.00 to $90.00, the annual fee for parking ramp permits increases from $969.00 to $1,026.00, the monthly fee for all day surface lot permits increases from $65.00 to $70.00, the annual fee for all day surface lot permits increases from $741.00 to $798.00, the monthly fee for off hours surface lot permits increase from $59.00 to $63.00 and the annual moped/scooter/motorcycle permit increase from $90.00 to $95.00 in fiscal year 2024. The proposed fee increase is expected to generate enough revenue to support the increased costs in operations, funding for the capital improvement program and helps to ensure the Parking fund remains a self-funding enterprise. The expected increase in revenues is approximately $85,000 a year. This permit increase is also expected to increase Transit fund revenues by $23,000 for the Court Street Transportation Center permits. Notice of Public Hearing Notice is hereby given that a public hearing will be held at which the Council will consider: Ordinance amending Title 3, Entitled "Finances, Taxation and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties," of the City Code to increase water system, wastewater system, solid waste disposal, stormwater, and parking charges and fees. Copies of the proposed ordinance are on file for public examination in the office of the City Clerk, City Hall, 410 E. Washington St., Iowa City, Iowa. Copies are available by telephoning the City Clerk at 319/356-5043 or emailing kellie-fruehling(cDiowa-city.org. The public hearing will be held at 6:00 p.m. on April 18, 2023, in the Emma J. Harvat Hall, City Hall, Iowa City. Persons wishing to make their views known for Council consideration are encouraged to participate. Kellie K. Fruehling, City Clerk Prepared by: Nicole Davies, Finance Director, 410 E.Washington Street, Iowa City, IA 52240,319-356-5085 Ordinance No. Ordinance Amending Title 3, Entitled "City Finances, Taxation And Fees," Chapter 4, Entitled "Schedule Of Fees, Rates, Charges, Bonds, Fines, And Penalties" Whereas, pursuant to Chapter 384, Code of Iowa (2023), the City of Iowa City is authorized to establish and provide for the collection of rates to pay for the City's utility systems, including the City's water supply and treatment system, wastewater treatment system, solid waste disposal services at the municipal landfill, stormwater system, and parking system; and Whereas, the City's financial policies dictate that the Water fund shall be self-supporting; and Whereas, the City's current water rate structure does not provide sufficient revenue to fund the necessary operations; and Whereas, the Iowa City City Council intends to provide a water rate and fee structure that makes the City's water utilities self-sustaining; and Whereas, the Iowa City City Council proposes to increase water user charges by 4% on July 1, 2023 to recover the City's cost of providing services; and Whereas, the City's financial policies dictate that the Wastewater fund shall be self-supporting; and Whereas, the City's current wastewater rate structure does not provide sufficient revenue to fund the necessary operations; and Whereas, the Iowa City City Council intends to provide a wastewater rate and fee structure that makes the City's wastewater utilities self-sustaining; and Whereas, the Iowa City City Council proposes to increase wastewater user charges by 2%on July 1, 2023 to recover the City's cost of providing services; and Whereas, the City's financial policies dictate that the Refuse and Landfill funds shall be self- supporting; and Whereas, the City's current solid waste disposal rate structure does not provide sufficient revenue to fund the necessary operations; and Whereas, the Iowa City City Council intends to provide a solid waste disposal rate and fee structure that makes the City's refuse and landfill utilities self-sustaining; and Whereas, the Iowa City City Council proposes to increase curbside household refuse for solid waste disposal by $1.00 per dwelling unit, per month, to increase the additional refuse carts over 1, per month by $1.00 each, and to increase curbside recycling by $1.00 per dwelling unit, per month, to increase first item of bulky item pickup by$7.50 per item, to increase additional items of bulky item pickup by$4.00 for each additional item, to increase the minimum landfill tipping fee for Iowa City residents by $7.00 per visit, to increase the minimum landfill tipping fee for non-Iowa City residents by $7.50 per visit on July 1, 2023, to adequately finance the municipal solid waste operational costs; and Ordinance No. Page 2 Whereas, the City's financial policies dictate that the Stormwater fund shall be self-supporting; and Whereas, the City's current stormwater rate structure does not provide sufficient revenue to fund the necessary operations; and Whereas, the Iowa City City Council intends to provide a stormwater rate and fee structure that makes the City's stormwater utilities self-sustaining; and Whereas, the Iowa City City Council proposes to increase stormwater user charges by $0.50 per equivalent residential unit (ERU) per month on July 1, 2023 to recover the City's cost of providing services; and Whereas, the City's financial policies dictate that the Parking fund shall be self-supporting; and Whereas, the City's current parking rate structure does not provide sufficient revenue to fund the necessary operations; and Whereas, the Iowa City City Council intends to provide a parking rate and fee structure that makes the City's Parking utilities self-sustaining; and Whereas, the Iowa City City Council proposes to increase the monthly parking permit fee by$5.00 per month, the annual advance monthly parking permit by $57.00 per year, and the annual moped/scooter/motorcycle permit by $5.00 per year on July 1, 2023 to recover the City's cost of providing services. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I. Amendment. 1. Title 3, entitled "City Finances, Taxation, and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties," Section 3, entitled "Potable Water Use and Service," of the Iowa City Code is hereby amended by deleting it in its entirety and replacing it as follows: 3-4-3: Potable Water Use and Service: Description Of Fee,Charge, Bond, Fine Or Penalty Amount Of Fee, Charge, Bond, Fine Or Penalty Water service charges(see section 16-3A-4 of this Code): Meter Size Charge (Inches) For first 100 cubic feet or less of water used, based on '/e,5/e x '/4 $8.52 meter size 3/4 9.31 1 10.96 1'/2 21.85 2 29.39 3 54.32 4 94.73 6 190.62 There will be no minimum monthly charge for a single purpose water meter for the months of November to March if no water is used. User charges for water in excess of 100 cubic feet per Monthly Charge Per 100 Cubic Feet month: Usage (Cubic Feet) Dual purpose meters 101 - 3,000 $3.97 Ordinance No- Page o.Pa e 3 Over 3,000 2.85 Single purpose meters Over 100 3.97 Other charges and discounts: Charge Low income discount 60 percent of minimum monthly water charge Temporary water use (see subsection 16-3A4 B of this Code): During construction for the first 90 days from the date Charge Per Month of the connection to the water main for a new water service or a maximum of 90 days for reconstruction: Single-and two-family residences $ 19.92 Multi-family residences 1992. Commercial structures 33.19 After 90 days for any structure, until the water meter is 132.74 installed Charge Direct purchase of water fee, per 100 gallons or fraction $0.50 thereof(see subsection 16-3A-4 C of this Code) Deposit and delinquency fee for combined City water and/or sanitary sewer and/or solid waste collection accounts(see section 16-3A5 of this Code): Residential owner account 0.00 Residential tenant account 120.00 Commercial account An amount equal to an average 2 month billing for commercial service for City water and/or sanitary sewer service,or$120.00,whichever is greater 10 percent delinquency charge on current billed portion of the outstanding amount on combined water and/or sanitary sewer and/or solid waste account that is not paid within 22 days of billing date. Can be waived once every 12 months Delinquency deposit fee for combined water and/or An amount equal to an average 2 month billing for the sanitary sewer and/or solid waste collection accounts (see delinquent account. Can be waived if the account holder section 16-3A-5 of this Code) enrolls in SurePay To connect water main extensions, per acre Charge $523.71 Service Fees During Normal After Normal Working Hours Working Hours' Reconnection of discontinued service $45 $91.73 Posting fee for shutting off water in collection procedure $0 Not done after normal working hours Frozen water meters $40.13, plus cost of meter $91.73, plus cost of meter Shut off water service at curb and check for exterior leaks No charge $91.73, plus hourly overtime rate beyond 2 hours Broken or damaged hydrant Repair cost $91.73, plus repair cost Location of City owned water main for other utilities No charge No charge Location of City owned water main for private enterprise No charge $91.73, plus hourly overtime rate beyond 2 Ordinance No- Page o.Pa e 4 hours Check water meter for accuracy at consumer's request $88.29 Not done after normal working hours Annual fire hydrant fee for inspection and operation of fire 104.34 Not done after normal hydrants which are privately owned or owned by other working hours government agencies After hours callout fee for any water work done outside of Not applicable $91.73, plus hourly normal working hours overtime rate beyond 2 hours 2. Title 3, entitled "City Finances, Taxation, and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties," Section 4, entitled "Wastewater Treatment Works User Charges," of the Iowa City Code is hereby amended by deleting it in its entirety and replacing it as follows: 3-4-4: Wastewater Treatment Works User Charges: Sanitary Sewer Service Charges; Description Of Fee, Amount Of Fee, Charge, Bond, City Code Charge, Bond, Fine Or Penalty Fine Or Penalty Chapter, Article Or Section Reference Minimum monthly charge (includes the first 100 cubic $8.31 16-3A4 feet of water used) Monthly charge for each additional 100 cubic feet of 4.07 16-3A-4 water used Low income discount 60 percent of monthly minimum 16-3A-4 charge Monthly surcharge: BOD(per pound) 300 or less MPL' Included in charge for 100 cubic feet 16-3A4 of water used BOD(per pound)from 301 MPL to 2,000 MPL' $0290 16-3A4 BOD(per pound) greater than 2,000 MPL' 0.434 16-3A4 Suspended solids(SS)(per pound) 0232 16-3A4 Monthly minimum, unmetered user 34.03 16-3A4 Manufactured housing park, monthly minimum per lot 34.03 16-3A4 Holding tank waste -plus landfill fees 0.033 per gallon 16-3A4 Holding tank waste hauler-annual permit 925.14 per year 16-3A4 Deposit and delinquency fee for combined City water 16-3A-5, 16-3A-7 and/or sanitary sewer and/or solid waste collection accounts: Residential owner account, per combined residential 0.00 service for City water and/or sanitary sewer and/or solid waste collection service Residential tenant account, per combined residential 120.00 service for City water and/or sanitary sewer and/or solid waste collection service 5 percent delinquency charge on current billed portion 5.0 percent current billed portion. Can of the outstanding amount on combined water and/or be waived once every 12 months sanitary sewer and/or solid waste account that is not paid within 22 days of billing date Delinquency deposit fee for combined City water and/or An amount equal to an average 2- 16-3A-5 sanitary sewer and/or solid waste collection accounts month billing for the delinquent Ordinance No- Page o.Pa e 5 account. Can be waived if the account holder enrolls in SurePay 3. Title 3, entitled "City Finances, Taxation, and Fees;' Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties," Section 5, entitled "Solid Waste Disposal," of the Iowa City Code is hereby amended by deleting it in its entirety and replacing it as follows: 3.4-5: Solid Waste Disposal: Description Of Fee, Charge, Bond, Fine Or Penalty Charge Yard waste collection fees: Per dwelling unit, per month $3.50 Low income discount 75 percent of monthly charge Untreated wood waste Free Additional yard waste carts over 1, per month $3.50 Collection of large items fees: Appliance collection, per Rem collected $20.00 Bulky solid was $20.00 per stop and 1 item; $10.00 per additional items Tire collection $3.75 per tire;$7.50 tire and rim Residential solid waste collection fees: Curbside household refuse: Per dwelling unit, per month $14.00 Low income discount 75 percent of monthly charge Per sticker for each additional bag beyond each unit's monthly $2.50 each allotment Additional refuse carts over 1, per month $14.00 each Per 2 rooming units, per month (in addition to the dwelling unit 15.90 fees) Electronic waste TVs or monitors$21.50 per Rem Curbside recycling: Per dwelling unit, per month $7.50 Low income discount 75 percent of monthly charge Iowa City community compost $20.00 per ton, $2.00 minimum Wood chip mulch No charge Deposit and delinquency fee combined for City water and/or sanitary sewer and/or solid waste collection accounts: Residential owner account, per combined residential service for $0.00 City water and/or sanitary sewer and/or solid waste collection service Residential tenant account, per combined residential service for 120.00 City water and/or sanitary sewer and/or solid waste collection service 5 percent delinquency charge on current billed portion of the 5 percent current billed portion. Can be outstanding amount on combined water and/or sanitary sewer waived once every 12 months and/or solid waste account that is not paid within 22 days of billing date Delinquency deposit for combined water and/or sanitary sewer and/or An amount equal to an average 2-month solid waste collection service billing for the delinquent account. Can be Ordinance No- Page o.Pa e 6 waived if the account holder enrolls in SurePay Special wastes disposal fees: Disposal of special wastes (except for asbestos containing material 2 times the landfill use fees in this section and contaminated soils) Minimum fee 2 times the landfill use fee for 1 ton Asbestos containing material(ACM): Nonfriable ACM,from Iowa City premises subject to a Property $100-00tton Tax and City owned property Nonfriable ACM,from other locations 105.001ton Friable ACM, from Iowa City premises subject to a Property 100.001cubic yard Tax and City owned property Friable ACM,from other locations 105.001cubic yard Minimum fee for any regulated ACM 100.00 Contaminated soil: 50-00tton Minimum fee for contaminated soil 150.00 Disposal of large items fees (see also Collection of large items fees above): Appliance disposal fees: Commercial per item disposed 1.00/cubic foot Residential per Rem disposed $12.50(at landfill scale house) Tire disposal fee: Per pound $015 Subject to minimum fee 3.00 Untreated wood waste and yard waste: 24.00tton Minimum 2.00 Landfill use fees: Arriving at the landfill with an unsecured or uncovered load: First instance in trailing 12 months Warning Second or subsequent instances in trailing 12 months $50.00 Electronic waste $3.00 per item; TVs or monitors $15.00 per item Solid waste from Iowa City premises subject to a Property Tax and City owned property: Total landfill fee per ton (includes State fee per ton) $45.00 All other solid waste: Total landfill fee per ton (includes State fee per ton) $50.00 Minimum fee in lieu of tonnage fees (300 pounds or less): Solid waste from Iowa City premises subject to a Property Tax $14.00 and City owned property All other solid waste $15.00 Title 3, entitled "City Finances, Taxation, and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties," Section 6, entitled "Stormwater Utility Fee," of the Iowa City Code is hereby amended by deleting it in its entirety and replacing R as follows: 3-4-6: Stormwater Utility Fee: Ordinance No. Page 7 Description Of Fee, Bond, Charge, Fine Or Penalty Amount Of Fee, Charge, Bond, Fine Or Penalty Stormwater utility fee. Users include all users owning or 1 equivalent residential unit occupying developed property in the City of Iowa City (ERU) = $5.50 Low income discount 60 percent of the monthly charge 4. Title 3, entitled "City Finances, Taxation, and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties," Section 8, entitled "Parking," of the Iowa City Code is hereby amended by deleting it in its entirety and replacing it as follows: 3-4-8: Parking: Description Of Fee, Charge, Fine Or Penalty Amount Of Fee, Charge, Fine Or Penalty Parking ramp fees: Hourly parker (Court Street Transportation Center, Tower Place, First hour = Free Capital Street, and Dubuque Street parking ramps), per hour Hours 2+ _ $1.00 per hour Hourly parker (Chauncey Swan), per hour $ 0.75 Monthly all day permits with advance payment (Court Street 90.00 Transportation Center, Chauncey Swan, Harrison Street, Tower Place, Capital Street, and Dubuque Street parking ramps), per month Annual all day permits with advance payment (Court Street 1,026.00 Transportation Center, Chauncey Swan, Harrison Street, Tower Place, Capital Street, and Dubuque Street parking ramps), per year Reissue of monthly, quarterly or annual permit, each reissue 25.00 City employee monthly all day permits, per month Half price City council monthly all day permits, per month No charge Lost ticket fee $ 23.00 Surface lot fees: Monthly all day permits, per month 70.00 Monthly all day permits (annual advance payment), per year 798.00 Monthly off hours permits (after5:00 P.M., Monday through 63.00 Friday, all day Saturday and Sunday), per month; all city surface lots Parking meter fees (except as otherwise marked): Central business district on street meter, per hour 1.50 Central business district lot meter, per hour 1.50 100 -300 blocks of East Jefferson Street, per hour 1.50 100 -200 block of North Clinton Street, per hour 1.00 10 block of West Court Street, per hour 1.00 10 -300 block of East Court Street, per hour 1.00 300 block of South Linn Street, per hour 1.00 Ordinance No- Page o.Pa e 8 300 block of South Dubuque Street, per hour 1.00 300 block of South Clinton Street, per hour 1.00 100 - 300 blocks of East Market Street, per hour 1.00 100 - 200 block of North Linn Street, per hour 1.00 400 block of Iowa Avenue, per hour 1.00 Market Street and Schuman parking lots, per hour 1.00 Peripheral lot meter(outside central business district), per hour 0.75 Peripheral on street meter(outside central business district), per 0.75 hour Fee for contractor reservation of space, per day 20.00 Moped/scooter/motorcycle permit (annual permit): January 1, 2015 —June 30, 2023 90.00 July 1, 2023 - 95.00 Fines for parking violations: Overtime parking 10.00 Commercial loading zone 25.00 Expired meter; each period runs from July 1 until June 30 of the subsequent year: First citation each period Warning Second citation each period $ 7.00 Third citation each period 12.00 Fourth citation each period 15.00 Fifth citation each period 20.00 Sixth+ citation each period 25.00 Prohibited zone 15.00 Illegal parking; handicapped parking space $100.00, or as specified in Iowa Code section 321.236(1)(b), as amended, for violations of Iowa Code section 321L.4(2) 1 hour restricted zone, City Hall lot $10.00 Library patron only parking 10.00 Library outside book drop off only: First offense 10.00 Second and subsequent offenses 20.00 Parking in passenger loading zone 15.00 Parking where prohibited or restricted during a snow emergency 50.00 All other illegal parking violations 15.00 Increases: 30 days after issue, all parking violations, if not already paid Original ticket amount plus $5.00 or appealed, shall increase in amount by $5.00, or as allowed by Iowa Code section 321.236(1)(b), as amended Section II. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Ordinance No. Page 9 Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section IV. Effective Date. This Ordinance shall be in effect on July 1, 2023. Passed and approved this day of 20 Mayor Attest: City Clerk Approved by City Attorney's Office Prepared by: Nicole Davies, Finance Director,410 E.Washington St., Iowa City, IA 52240(319)356-5085 Resolution No. 23-105 Resolution setting a public hearing for April 18, 2023 on an ordinance amending Title 3, entitled "Finance, Taxation and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties" of the City Code to increase or change charges and fees. Whereas, pursuant to Chapter 384, Code of Iowa (2023), the City of Iowa City provides certain utilities, such as potable water use and service, wastewater treatment, solid waste disposal services, stormwater management, and parking; and Whereas, it is in the public interest to review certain fees and charges associated with said services; and Whereas, the Iowa City City Council proposes to increase water service charges by approximately 4% for billing on or after July 1, 2023; and Whereas, the Iowa City City Council proposes to increase wastewater service charges by approximately 2% for billing on or after July 1, 2023; and Whereas, the Iowa City City Council proposes to increase curbside household refuse for solid waste disposal by $1.00 per dwelling unit, per month, to increase the additional refuse carts over 1, per month by $1.00 each, and to increase curbside recycling by $1.00 per dwelling unit, per month, to increase first item of bulky item pickup by $7.50 per item, to increase additional items of bulky item pickup by $4.00 for each additional item, to increase the minimum landfill tipping fee for Iowa City residents by $7.00 per visit, and to increase the minimum landfill tipping fee for non- Iowa City residents by$7.50 per visit, all on or after July 1, 2023; and Whereas, the Iowa City City Council proposes to increase storm water service charges by $0.50 per equivalent residential unit(ERU) per month for billing on or after July 1, 2023; and Whereas, the Iowa City City Council proposes to increase the monthly parking permit fee by$5.00 per month, the annual advance monthly parking permit by $57.00 per year, and the annual moped/scooter/motorcycle permit by$5.00 per year on or after July 1, 2023; and Whereas, the City Code requires that notice and public hearing on proposed changes in rates for fees and charges for City utilities be provided to the public, prior to enactment of said rates for fees and charges. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. A public hearing on an ordinance amending Title 3 entitled "Finances, Taxation and Fees," Chapter 4 entitled "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties," of the City Code to increase water service charges, wastewater treatment charges, solid waste disposal charges, stormwater charges and parking charges is to be held on the 18th day of April, 2023, at 6:00 p.m., in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a Resolution 23-105 Page 2 general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. Passed and approved this 4th day of April , 2023. Ma Approved by G o Attest: RulLe )42 _ City Clerk City Attorne s Office—03/29/2023 Resolution No. 23-105 Page_ 3 It was moved by Alter and seconded by Minn the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent Abstain X Alter X Bergus X Dunn X Harmsen X Taylor Teague X Thomas Item Number: 7.c. CITY OF IOWA CITY COUNCIL ACTION REPORT April 4, 2023 Resolution of intent to consider the proposed conveyance of an underground utility easement to MidAmerican Energy Company across Auditor's Parcel 2001020, and setting a public hearing thereon for April 18, 2023. Prepared By: Sara Hektoen, Assistant City Attorney Reviewed By: Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: None. Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Res Setting PH on conveyance- mid am.doc Easement Agreement Executive Summary: The City constructed the Peninsula Well Field Power Redundancy Project to connect an underground utility service to the existing Peninsula well field switchgear as a fixed secondary source of power, in addition to the existing utility service routed overhead across the Iowa River. The City now desires MidAm to install and maintain an electric service line within this infrastructure for the City's benefit, which requires granting MidAm easement rights. Because the City is the only benefitted party and this work is being done at the City's request, the proposed compensation is $0. 7,Ci Prepared by:Sara Hektoen,Assistant City Attorney,410 E.Washington St., Iowa City, IA 52240 (319)356-5030 Resolution No. 23-106 Resolution of intent to consider the proposed conveyance of an underground utility easement to MidAmerican Energy Company across Auditor's Parcel 2001020, and setting a public hearing thereon for April 18, 2023. Whereas, the City constructed the Peninsula Well Field Power Redundancy Project to connect an underground utility service to the existing Peninsula well field switchgear as a fixed secondary source of power, in addition to the existing utility service routed overhead across the Iowa River; and Whereas, the City now desires MidAm to install and maintain an electric service line within this infrastructure for the City's benefit; and Whereas, it is in the public interest to convey an underground utility easement to MidAmerican Energy Company for this purpose. Now, therefore, be it resolved by the City Council of Iowa City, Iowa, that: 1. The City Council does hereby declare its intent to consider the conveyance of an underground utility easement to MidAmerican Energy Company over and across a portion of Auditor's Parcel 2001020 in the form of the attached easement agreement at no cost. 2. A public hearing on said proposal is hereby set for April 18, 2023, at 7:00 p.m. in Emma Harvat Hall, City Hall, 410 E. Washington St., or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. Passed and approved this 4th day of April , 2023. Pi MA Approved by • ATTEST: I t—� CITY CLERK E�/ City Attor y's O7ffice (Sara Hektoen — 03/30/2023) Resolution No. 23-106 Page 2 It was moved by Alter and seconded by Diu,- the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent Abstain X Alter X Bergus X Dunn X Harmsen X Taylor Teague X X Thomas Prepared by: • UNDERGROUND UTILITY EASEMENT This Underground Utility Easement is made and entered into by City of Iowa City, a municipal corporation, ("Owner") and MidAmerican Energy Company, an Iowa corporation ("Grantee"),which expression shall include its successors in interest and assigns. It is hereby agreed as follows: Owner hereby grants to Grantee a perpetual non-exclusive easement upon, over, under, along the areas described on the attached Exhibit A as "electrical utility easement", herein the "easement area". Grantee shall have the right to install,lay, construct,reconstruct,renew, operate, maintain and remove conduits, cables, pipes, electric lines below the surface of the ground located in the easement area,and other equipment or appurtenances agreed to by Owner above the surface of the ground as may be necessary for the purpose of serving the Subdivision and other property with electricity,gas,and communication service;the right to trim,cut down and remove such trees,brush, saplings and bushes as may interfere with the .proper construction; maintenance; operation or removal of said facilities, equipment and appurtenances;and the right of ingress and egress for all of the purposes aforesaid. Grantee shall promptly backfill any trench made by them,and repair or pay for any damages caused by them within the easement area. Grantee shall indemnify Grantor against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the Grantee. Owner,,its successors in interest,and assigns, reserve the right to use the easement-area for purposes which will not interfere with Grantee'full enjoyment of the:rights hereby granted;provi'ded that Owner shall not erect or construct any reservoir, retaining wall, or other obstruction on said areas, or diminish or substantially add to the ground cover over the easement area; provided, however,that Owner may construct driveways over the easement area.No permanent or temporary buildings,dwellings,structures or trees or fences shall be placed on the areas so designated for utility easement without the advance written authorization from Grantee. Said authorization shall not be unreasonably withheld. The same may be used for gardens, shrubs,minor landscaping and other purposes that do not then or later interfere with the aforesaid uses or the rights herein granted. Grantee's rights,however, include the right to remove and/or clear away any such gardens,shrubs,minor landscaping,bushes and plantings within the easement area without compensation to Owners or its success in interest. iI IN WITNESS WHEREOF,this Easement is made as of the date last set forth below. • Dated this—day of- ,2023. MIDAMERICAN ENE Y COMPANY By - ' STATE,OP WA - ) )ss. COUNTY OF POLK ) On this (c day of Ni tmf•(' .�, ,2023,before me,a notary public in and for said county, personally appeared 0kin -4 ax 8. Up p1c'4ri, M dAmerican Energy Company. � TYLER B GARTENBERG~ 1' 4►A, sf .:~�Commission Number 810901 ;' •A ` My Commission Expires NOTAR•: ;'UBLIG IN AND FOR IOWA ,,W,, June 5;,20 ZN :: My':com issiori expires: . .iun.�2. CITY OF IOWA CITY By: ATTEST: - Bruce Teague,Mayor Kellie K.Fruehling,City Clerk STATE OF IOWA ) )ss. COUNTY OF JOHNSON ) On this day of. ;2023,before me,a notary public in and for said county,personally appeared Bruce Teague and Kellie K.Fruehling,respectively as Mayor and City Clerk of the City of Iowa City,Iowa. NOTARY PUBLIC IN AND FOR IOWA My commission expires:. - 1'ul ED P E��pp 44 ME ��� fl vqj' $ y� zm W J ��uOU JJ111.1. Ht R oy€ia 6z�sr 3� a & R g `Q'wzo QSff.�`®�� % waio� a E8 4@ <x � HN-Iva� �� O a 3N8in S � q 8'n - W �a v� y � ¢ � Q' W ¢ u .�`j 01 zi vk W cai wa w8LL � 5>< -^._ �l� \\\ r• 6 "` fix( / or Re .w a 8 A a Fwa a $88 8 LO ., •� 12 og90 u�gw� —f-- --- --- F a COE '- ylfL 4 `i:F°Ays• Item Number: 11.a. CITY OF IOWA CITY COUNCIL ACTION REPORT April 4, 2023 Resolution amending the current budget for Fiscal Year ending June 2023. Prepared By: Nicole Davies, Finance Director Reviewed By: Geoff Fruin, City Manager Fiscal Impact: See memo below. Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Notice of Public Hearing.pdf FY23 Amended Budget Resolution.pdf Executive Summary: On April 4, 2023, two public hearings are being scheduled: one hearing will be held to take public input on the proposed amendment of the fiscal year 2023 (FY2023) budget, and one hearing will be held to take public input on the proposed fiscal year 2024 (FY2024) budget. Following the first public hearing, a resolution to amend the FY2023 Operating Budget will be considered. Following the second public hearing, a resolution to adopt the FY2024 Operating Budget and a resolution to approve the FY2023 - 2025 Financial Plan and 2023 - 2027 Capital Improvement Plan document will be considered. The FY2024 adopted budget must be certified by the Johnson County Auditor's office by April 30, 2023. Background /Analysis: The FY2023 - 2025 Financial Plan and 2023 - 2027 Capital Improvement Plan document was made available to City Council and the general public in December 2022. This document included the proposed FY2023 amended budget and the proposed FY2024 budget. This document detailed the proposed and amended budgets as submitted by the City Manager following an extensive budget process. The City Council held public work sessions in January and February 2023 to review and discuss the FY2023 - 2025 Financial Plan and 2023 - 2027 Capital Improvement Plan document. During these budget work sessions, the City Manager and the department directors presented their budget proposals and responded to questions from the City Council. The City Council also clarified and refined their budget priorities during these work sessions. The Resolutions to Amend the FY2023 Budget and to Adopt the FY2024 Budget and related schedules represent the programs and details that were included in the FY2023 - 2025 Financial Plan and 2023 - 2027 Capital Improvement Plan document. The Resolutions and related schedules also include any subsequent changes as directed by the City Council as well as corrections and adjustments identified by City staff. The related schedules for the FY2023 Amended Budget and the FY2024 Budget will be made available to the public on March 21 , 2023 and the Notices of Public Hearing for both will be published on March 23, 2023, in accordance with state law to allow for public input. Fiscal Year 2023 Revised Budget The FY2023 budget amendment presented for City Council approval is the second budget amendment of FY2023. This amendment incorporates all of the programs, changes, and updates presented in the financial plan and capital improvement plan document that was distributed to the City Council and the general public on December 23, 2023. The State of Iowa allows cities to amend the annual operating budget for supplemental appropriation authority. These changes may include new or revised revenue and expenditure projections, transfers between funds, and capital improvement plan changes. Increased expenditures must utilize available fund balance or additional revenue sources, as the State does not allow amendments to increase property taxes. According to the City's financial policies, amendments to operating budgets will be made only in the following situations: • emergency situations • transfer from contingency • expenditures with offsetting revenues or fund balance • carry-over of prior year budget authority for expenses that had not been paid as of the end of the fiscal year. Since the distribution of the plan document, no changes and adjustments were made by City Council and by City staff to the amended FY2023 budget. The proposed budget amendment to the City's FY2023 budget does not increase property taxes or change the property tax levy rate and expenditures are funded from increased revenues or available fund balance. NOTICE OF PUBLIC HEARING-AMENDMENT OF CURRENT BUDGET City of IOWA CITY Fiscal Year July 1,2022-June 30,2023 The City of IOWA CITY will conduct a public hearing for the purpose of amending the current budget for fiscal year ending June 30,2023 Meeting Date/Time:4/4/2023 06:00 PM I Contact: Kellie Fmehling Phone:(319)356-5041 Meeting Location: Emma Harvat Hall,410 E.Washington St., Iowa Cit There will be no increase in taxes.Any residents or taxpayers will be heard for or against the proposed amendment at the time and place specified above.A detailed statement of: additional receipts,cash balances on hand at the close ofthe preceding fiscal year, and proposed disbursements,both past and anticipated,will be available at the hearing. Budget amendments are subject to protest. If protest petition requirements are met,the State Appeal Board will hold a local hearing.For more information, consult htt s://dom.iowa.gov/local-gov-appeals. Total Budget Current Total Budget After REVENUES&OTHER FINANCING SOURCES as Certified Amendment Current Amendment or Last Amended Taxes Levied on Property 1 66,474,472 0 66,474,472 Less: Uncollected Delinquent Taxes-Levy Year 2 0 0 0 Net Current Property Tax 3 66,474,472 0 66,474,472 Delinquent Property Tax Revenue 4 0 0 0 TIF Revenues 5 4,113,733 0 4,113,733 Other City Taxes 61 2,879,845 0 2,879,845 Licenses&Permits 7 2,010,130 0 2,010,130 Use of Money&Property 8 2,598,596 133,800 2,732,396 Intergovernmental 9 44,270,790 3,077,679 47,348,469 Charges for Service 10 50,693,274 -340,251 50,353,023 Special Assessments 11 1,000 0 1,000 Miscellaneous 12 3,676,023 233,862 3,909,885 Other Financing Sources 13 28,531,168 -16,926,000 11,605,168 Transfers In 141 48,900,300 13,765,624 62,665,924 Total Revenues&Other Sources 15 254,149,331 -55,286 254,094,045 EXPENDITURES&OTHER FINANCING USES Public Safety 16 29,570,387 208,355 29,778,742 Public Works 17 12,311,075 0 12,311,075 Health and Social Services 18 680,058 0 680,058 Culture and Recreation 19 17,012,291 49,979 17,062,270 Community and Economic Development 20 31,312,793 -240,516 31,072,277 General Government 21 13,469,306 -7,112 13,462,194 Debt Service 22 12,952,813 218,828 13,171,641 Capital Projects 23 56,474,948 1,046,000 57,520,948 Total Government Activities Expenditures 24 173,783,671 1,275,534 175,059,205 Business Type/Enterprise 25 98,761,894 -9,642,555 89,119,339 Total Gov Activities&Business Expenditures 26 272,545,565 -8,367,021 264,178,544 Transfers Out 27 48,900,300 13,765,624 62,665,924 Total Expenditures/Transfers Out 28 321,445,865 5,398,603 326,844,468 Excess Revenues&Other Sources Over 29 -67,296,534 -5,453,889 -72,750,423 Under Expenditures/Transfers Out Beginning Fund Balance July 1,2022 30 158,528,050 71,862,560 230,390,610 Ending Fund Balance June 30,2023 31 91,231,516 66,408,671 157,640,187 Explanation of Changes:Amendments include the review and modification of the 2023 CIP plan,an adjustment to interest expense within debt service,and various other smaller amendments. Additional detail is on file and available from the Iowa City Finance Department. 03/06/2023 12:48 PM Paae 1 of 1 I 4 dt'ter CITY BUDGET AMENDMENT AND CERTIFICATION RESOLUTION-FY 2023-AMENDMENT#2 To the Auditor of JOHNSON County,Iowa: The City Council of IOWA CITY in said County/Counties met on 04/04/2023 06:00 PM,at the place and hour set in the notice,a copy of which accompanies this certificate and is certified as to publication.Upon taking up the proposed amendment,it was considered and taxpayers were heard for and against the amendment. . The Council,after hearing all taxpayers wishing to be heard and considering the statements made by them,gave final consideration to the proposed amendment(s)to the budget and modifications proposed at the hearing,if any.Thereupon,the following resolution was introduced. RESOLUTION No.23-107 A RESOLUTION AMENDING THE CURRENT BUDGET FOR FISCAL YEAR ENDING JUNE 2023 (AS LAST CERTIFIED OR AMENDED ON 09/20/2022) Be it Resolved by the Council of City of IOWA CITY Section 1.Following notice published/posted 03/23/2023 and the public hearing held 04/04/2023 06:00 PM the current budget(as previously amended)is amended as set out herein and in the detail by fund type and activity that supports this resolution which was considered at the hearing: Total Budget Current Total Budget After REVENUES&OTHER FINANCING SOURCES as Certified Amendment Current Amendment or Last Amended Taxes Levied on Property 1, 66,474,472 0 66,474,472 Less:Uncollected Delinquent Taxes-Levy Year 2 0 0 0 Net Current Property Tax 3 66,474,472 0 66,474,472 Delinquent Property Tax Revenue 4 0 0 0 TIF Revenues 5 4,113,733 0 4,113,733 Other City Taxes 6 2,879,845 T 0 2,879,845 Licenses&Permits 7 2,010,130 0 2,010,130 Use of Money&Property 8 2,598,596 133,800 2,732,396 Intergovernmental 9 44,270,790 3,077,679 47,348,469 Charges for Service 10 50,693,274 -340,251 50,353,023 Special Assessments 11 1,000 0 1,000 Miscellaneous 12 3,676,023 233,862 3,909,885 Other Financing Sources 13 28,531,168 -16,926,000 11,605,168 Transfers In 14 48,900,300 13,765,624 62,665,924 Total Revenues&Other Sources 15 254,149,331 -55,286 254,094,045 EXPENDITURES&OTHER FINANCING USES Public Safety 16 29,570,387 208,355, 29,778,742 Public Works 17 12,311,075 0 12,311,075 Health and Social Services 18 680,058 0 680,058 Culture and Recreation 19 17,012,291 49,979 17,062,270 Community and Economic Development 20 31,312,793 -240,516 31,072,277 General Government 21 13,469,306 -7,112 13,462,194 Debt Service 22 12,952,813 218,828 13,171,641 Capital Projects 23 56,474,948 1,046,000 57,520,948 Total Government Activities Expenditures 24 173,783,671, 1,275,534 175,059,205 Business Type/Enterprise 25, 98,761,894 -9,642,555 89,119,339 Total Gov Activities&Business Expenditures 26, 272,545,565 -8,367,021 264,178,544 Transfers Out 27 48,900,300 13,765,624 • 62,665,924 Total Expenditures/Transfers Out 28 321,445,865 5,398,603 326,844,468 Excess Revenues&Other Sources Over Z9 -67,296,534 -5,453,889 -72,750,423 (Under)Expenditures/Transfers Out Beginning Fund Balance July 1,2022 , 30 158,528,050 71,862,560 230,390,610 Ending Fund Balance June 30,2023 31 91,231,516 66,408,671 157,640,187 Explanation of Changes:Amendments include the review and modification of the 2023 CIP plan,an adjustment to interest expense within debt service,and various other smaller amendments. Additional detail is on file and avail ble from the Iowa City Finance Department. 1) P)` ' C l' /6 `n) ::: Q( .� _ �l City Cle k/Administrator Sig ure of Certification REC .E' I Mayor g ature of Certification JOHNSON CO. IOWA APR 0 6 2023 COUNTY AUDITOR 03/22/2023 05:02 PM Pace 1 of 1 Resolution No. 23_107 Page 2 It was moved by Harmsen and seconded by Thomas the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent Abstain x Alter x Bergus x Dunn x Harmsen x Taylor x Teague x Thomas Item Number: 11.b. CITY OF OF IOWA CITY � fil COUNCIL ACTION REPORT April 4, 2023 Resolution adopting the annual budget for the fiscal year ending June 30, 2024. Prepared By: Nicole Davies, Finance Director Reviewed By: Geoff Fruin, City Manager Fiscal Impact: See memo below. Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Notice of Public Hearing FY24 Budget.pdf FY24 Budget Adoption Resolution.doc Memo from Councilor Laura Bergus.pdf City Council correspondence - Dee Bosold.pdf City Council correspondence - Colleen Schmidt.pdf City Council correspondence - Bram Elias.pdf City Council correspondence - Carol deProsse.pdf City Council correspondence - Rebecca Way Bergus.pdf City Council correspondence - Will Kapp.pdf City Council correspondence - Julia Zalenski.pdf City Council correspondence - Rose Persaud.pdf City Council correspondence - Caroline Dieterle.pdf City Council correspondence - Kris Lyon.pdf Executive Summary: On April 4, 2023, two public hearings are being scheduled: one hearing will be held to take public input on the proposed amendment of the fiscal year 2023 (FY2023) budget, and one hearing will be held to take public input on the proposed fiscal year 2024 (FY2024) budget. Following the first public hearing, a resolution to amend the FY2023 Operating Budget will be considered. Following the second public hearing, a resolution to adopt the FY2024 Operating Budget and a resolution to approve the FY2023 - 2025 Financial Plan and 2023 - 2027 Capital Improvement Plan document will be considered. The FY2024 adopted budget must be certified by the Johnson County Auditor's office by April 30, 2023. Background /Analysis: The FY2023 - 2025 Financial Plan and 2023 - 2027 Capital Improvement Plan document was made available to City Council and the general public in December 2022. This document included the proposed FY2023 amended budget and the proposed FY2024 budget. This document detailed the proposed and amended budgets as submitted by the City Manager following an extensive budget process. The City Council held public work sessions in January and February 2023 to review and discuss the FY2023 - 2025 Financial Plan and 2023 - 2027 Capital Improvement Plan document. During these budget work sessions, the City Manager and the department directors presented their budget proposals and responded to questions from the City Council. The City Council also clarified and refined their budget priorities during these work sessions. The Resolutions to Amend the FY2023 Budget and to Adopt the FY2024 Budget and related schedules represent the programs and details that were included in the FY2023 - 2025 Financial Plan and 2023 - 2027 Capital Improvement Plan document. The Resolutions and related schedules also include any subsequent changes as directed by the City Council as well as corrections and adjustments identified by City staff. The related schedules for the FY2023 Amended Budget and the FY2024 Budget will be made available to the public on March 21 , 2023 and the Notices of Public Hearing for both will be published on March 23, 2023, in accordance with state law to allow for public input. Financial Impact: Fiscal Year 2024 Proposed Budget On December 23, 2022, the FY2023 - 2025 Financial Plan and 2023 - 2027 Capital Improvement Plan document was delivered to the City Council and made available to the general public. Since that time, changes and adjustments were made by City staff to the proposed FY2024 budget. The changes to the FY2024 budget are summarized as follows: Final property tax revenue calculations including gas and electric excise taxes and property tax backfill payments: ($1,097,958) General Fund revenue ($382,057) Employee Benefits Fund revenue ($ 22,849) Emergency Levy Fund revenue ($108,534) Transit Fund revenue ($285,578) Debt Service Fund revenue ($1,896,976) Total revenue impact Transfers Out of the General Fund and Transfers Into the Transit Fund were reduced by $108,534. SSMID revenues and expenses increased in the amount of$85,399. Addition of 2.5 FTEs (1 FTE Grants Manager, 1 FTE Human Rights Engagement Specialist & .5 FTE Outreach & Engagement Specialist) increased General Fund expenses by $273,096. 2.25 Mass Transit Operator FTEs were approved in August 2022 but were not included in the draft budget increased both revenues and expenses $189,639 in the Transit Fund. The final proposed property tax levy rate for FY2024 is $15.633 per $1 ,000 of taxable valuation; this is unchanged from the proposed levy rate presented in December. The FY2024 levy rate is unchanged from Iowa City's FY2023 levy rate of $15.663 per $1 ,000 of taxable valuation. From fiscal years 2013 to 2023, the City's property tax levy rate was decreased for eleven consecutive years by a total of$2.21 or 12.38%. 3!7/23, 12:03 PM Local Government Property Valuation System NOTICE OF PUBLIC HEARING—PROPOSED BUDGET Fiscal Year July 1,2023-June 30,2024 City of: IOWA CITY The City Council will cundud a public hearing on the proposed Budget at: Emma Harvat Hall,410 E.Washington St,.Iowa City Meeting Date: 4/4/2023 Meeting Time: 06:00 PM At the public hearing any resident or taxpayer may present objections to,or arguments in favor of,any part of the proposed budget.This notice represents a summary of the supporting detail of revenues and expenditures on file with the City Clerk and County Auditor. City budgets are subject to protest.If protest petition requirements are met,the State Appeal Board will hold a local hearing.For more information,consult Wt s://dean iowa.gov/local-budget appeals. The Budget Estimate Summary of proposed receipts and expenditures is shown below.Copies of the the detailed proposed Budget may be obtained or viewed at the offices of the Mayor,City Clerk,and at the Library. The estimated Total tax levy rate per 1000 valuation on regu m property 15.63305 The estimated tax levy rate per 1000 valuation on Agricultural an is 3.00375 At the public hearing,any resident or taxpayer may present objections to,or arguments in favor of,any part of the proposed budget. Phone Number City Clerk/Finance Officer's NAME (319)356-5041 Kellie Fruchling Budget FY 2024 Re-estimated FY 2023 Actual FY 2022 Revenues&Other Financing Sources Taxes Levied on Property 1 66,312,743 66,474,472 66,604,441 Less:Uncollected Property Taxes-Levy Year 2 0 0 0 Net Current Property Taxes 3 66,312,743 66,474,472 66,604,441 Delinquent Property Taxes 4 0 0 285 TIF Revenues 5 4,083,031 4,113,733 4,016,095 Other City Taxes 6 3,596,467 2,879,845 3,598,527 Licenses&Permits 7 2,033,921 2,010,130 2,798,014 Use of Money and Property 8 3,172,348 2,732,396 2,269,311 Intergovernmental 9 36,115,666 47,348,469 55,513,291 Chmgcs fur Fees&Service 10 51,347,782 50,353,023 48,155,478 Special Assessments 11 1,381 1,000 0 Miscellaneous 12 10,580,520 3,909,885 4,597,708 Other Financing Sources 13 42,980,400 11,605,168 11,202,244 TrarlsfeisIn 14 54,847,195 62,665,924 56,248,706 Total Revenues and Other Sources 151 275,071,454 254,094,045 255,004,100 Expenditures&Other Financing Uses Public Safety 16 30,750,428 29,778,742 27,028,355 Public Works 17 12,745,770 12,311,075 11,015,789 Health mid Social Services 18 696,500 680,058 650,250 Culture and Rewcation 19 17,500,835 17,062,270 15,680,540 Community and Economic Development 20 10,406,420 31,072,277 12,416,470 General Government 21 12,632,164 13,462,194 10,251,158 Debt Service 22 13,210,690 13,171,641 13,185,762 Capital Projects 23 1 31,178,470 57,520,948 19,678,277 Total Government Activities Expenditures 24 129,121,277 175,059,205 109,906,601 Business Type/Enterprises 25 90,987,334 89,119,339 65,222,764 Total ALL Expenditures 26 220,108,611 264,178,544 175,129,365 Transfers Out 27 54,847,195 62,665,924 56,248,706 Total ALL Expenditures/Trarrsfeis Out 28 274,955,806 326,844,468 231,378,071 Excess Revenues&Other Sources Over (Under)Expenditures/Transfers Out 29 115,648 -72,750,423 23,626,029 Beginning Fund Balance July 1 30 157,640,187 230,390,610 206,764,581 Ending Fund Balance June 30 31 157,755,835 157,640,187 230,390,610 https://dom-localgov.ima.gov/budget-renderer?id=14282 1/2 3!7/23, 12:03 PM Local Government Property Valuation System https://dom-localgov.ima.gov/budget-renderer?id=14282 2/2 Memo To: Mayor and City Councilors From: Laura Bergus Date: March 29, 2023 Re: Budget Amendment Proposal At our January 7, 2023, budget work session, I asked us to consider shifting funds based on open police patrol positions into areas of the budget that more closely align with the values,visions, and strategies of our new strategic plan. By then,I also had started conversations with our city manager, Geoff Train, and police chief, Dustin Liston. I let them know that I would not support increasing the police budget. The proposed budget increase is$955,336 more than the FY23 budget. In February, I published an essay online with a lot of information on budget history, statistics regarding our police department, and outlining some opportunities for investing in community safety other than status-quo policing. While we knew the amount of the proposed increase, I asked staff to provide an estimate of the value of the six patrol positions that were open at the beginning of this year. Depending on pay grade at hiring, six positions were valued between $581,520 and $820,764. Adding together the proposed increase of$955,336, and considering this salary range, $1,600,000 is the total amount of the shift I am recommending. On Tuesday, April 4, 2023, we will have the public hearing on the FY24 budget and consider a resolution to approve it as presented. At that time, I intend to make a motion to amend the overall budget to shift $1,600,000 from the police department budget into a reserve/contingency fund. If a majority of you agree, I hope that we will soon have a work session to provide direction on where those funds should be allocated. Geoff Fruin, Eric Goers, and Kellic Fruehling have helped me understand how I could present a formal budget amendment proposal. I have spoken with each of you individually about this and hope that my thought process and context for this recommendation are clear. I look forward to hearing from the public, and having a robust discussion among us, on April 4. Thank you all for working together in leadership; I am so grateful for this team. Kellie Fruehling From: Donovan Bosold <donovanbosold@gmail.com> Sent: Monday, March 27, 2023 10:24 AM To: *City Council Subject: Police Budget Proposal Concerns RISK **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Good morning: My name is Dee Bosold and I am urging the City Council of Iowa City to reallocate much of the city's police budget to fund non-law-enforcement emergency responders such as social workers, EMTs, and other medical and mental health professionals. Every day in the Iowa City area, citizens experience violence-free crises that put them in need of emergency assistance that police are not able to provide. During most crises of this nature,these citizens do NOT need law enforcement to take control of the crisis situation. Worse yet, citizens will be harmed if law enforcement uses force in response to a nonexistent threat. I am not entirely opposed to the existence of law enforcement, but citizens do need the City Council to make sure that everyone in the Iowa City area gets the emergency response they need instead of needless exposure to law enforcement officials who are unlikely to handle the situation properly. Regards, Dee Bosold (she/her) 1 Kellie Fruehling From: Colleen <colleen.marie.schmitt@gmail.com> Sent: Tuesday, March 28,2023 9:09 PM To: *City Council Subject: Please vote no to increase police funding on April 4th RISS( **This email originated outside of the City of Iowa City email system.Please take extra care opening any links or attachments. ** Hello Iowa City Councilors, A friend/neighbor recently made me aware of the upcoming vote on April 4th on whether or not to increase the Iowa City police budget by over$1 million dollars. As an Iowa City resident, I urge you NOT to approve this increase. I appreciate our dedicated police officers, and understand how critical they are to our public safety. But I believe these funds should be put toward community efforts that support affordable housing and economic stability for all residents. Iowa City has so many great programs that make this a wonderful community, but our general fund for affordable housing is inadequate to address the severe shortage in our city. Thank you for all that you do, each one of you, in the best interests of our community! Sincerely, Colleen Schmitt 2532 Catskill Court Iowa City, Iowa 52245 1 Kellie Fruehling From: Bram Elias <bramelias@gmail.com> Sent: Wednesday, March 29, 2023 8:19 AM To: *City Council Subject: I support Laura Bergus's public safety budget proposals RISK **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** I support City Councillor Laura Bergus's public safety budget proposals. After the murder of George Floyd in 2020, I, like so many of my friends and neighbors,was swept up in the wave of enthusiasm to reform public safety and to promote racial equity, address the root causes of dangerous conduct rather than address only symptoms de-escalation of violence. I was proud of the leadership role Iowa City played in our state, and I felt solidarity with communities all over the country that responded to Floyd's murder by calling for policy reform. It has been heartbreaking to watch those policy efforts lose steam as headlines moved on. I am really grateful that Laura didn't give up.She did her homework and stayed the course. I'm glad we have Laura here in Iowa City and I wish there were more folks like her in local government across Iowa and across the country. I hope you will support her budget proposals! Thank you, and thanks for all you do for Iowa City. Bram Elias 416 S. Summit Street 52240 319.621.6084 bramel iasCo)ema il.com I am grateful to City Councillor Laura Bergus for her thoughtful,thorough, indefatigable work to take the energy and urgency of t Kellie Fruehling From: Carol deProsse <lonetreefox@mac.com> Sent: Wednesday, March 29, 2023 10:57 AM To: *City Council Subject: Police Spending **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Councilors: I completely agree with Laura Bergus about not increasing the budget of the police. Taxes are going up and up and up and we can do much better with what will be increasingly limited dollars than to increase the police budget. Clean up Ralston Creek, invest in City supported day care for employees,hire someone to keep Iowa City roadways free of litter,etc. There are so many good things you can do with all our money that buy more police. Thank you. Carol deProsse t Kellie Fruehlincl From: Rebecca Bergus <rbergus@gmail.com> Sent: Wednesday, March 29, 2023 1:47 PM To: *City Council Subject: Proposed 2024 city budget RISK **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** For most of us the police are who we call when we don't know who else to call. I appreciate their willingness to step into a variety of unpleasant situations.There are times when we really need someone to do something. But does that someone need to be the police?Our police are not trained to handle all of these demands. In some cases their training may lead them to take inappropriate actions and cause additional harm. Let's relieve the ICPD of tasks they shouldn't be doing,and divert$1.7 million from their proposed budget to more appropriate programs,such as the Mobile Crisis Response and restorative justice programs. Thank you. Rebecca Way Bergus 418 Wales St. Iowa City t Kellie Fruehling From: Will Kapp <will,kapp@gmail.com> Sent: Wednesday, March 29, 2023 8:50 PM To: Andrew Dunn; Shawn Harmsen; Pauline Taylor;John Thomas; Megan Alter; Bruce Teague Cc: *City Council Subject: In support of freezing the ICPD budget A **This email originated outside of the City of Iowa City email system.Please take extra care opening any links or attachments. ** Hello My name is Will Kapp. I was born and raised in Iowa City and my family have now chosen to make our home here. I am writing to you all today to urge you to side with your fellow Council member Laura Bergus in her efforts to rethink public safety and vote no on any budget increases for policing. I trust that all of you are familiar with Councilor Bergus' proposal,so I will not rehash it for you. Instead, I will just say that Iowa City has the chance to do what the rest of the country has yet to do-take the important step of disrupting the unending perpetuation of increased police presence in our communities and the utter domination of policing in our public safety budgets. As a Council,you all set goals to work toward limiting police interactions. Now is your chance of putting your money(well,our money) where your mouth is. I read Police Chief Liston's comments in the Press Citizen today. In the context of the system of policing in this country- and this city-they are valid. The fact of the matter is police are doing way too much for our community and they are the absolute wrong group of people to be doing so. A badge that has the power to imprison you and a gun that has the power to kill you, both of which are exercised regularly in communities across the country,are not the right people to respond to a domestic disturbance,to give a traffic ticket to someone going a little too fast,to visit a school with children,to provide a welfare check to someone in mental health crisis, to do any number of things that they are tasked with. Other community resources should be leveraged to respond to these. These resources should be receiving funds that would otherwise go to more officers doing the things they should not be doing. We all know that. We all have been knowing that. Now is the time to take a step toward doing something about it. Not the time to find the convenient excuse that there's not a lot of wiggle room for Police Chief Liston in the current budget. Not the time to think that maybe we can kick the can down the road the next time the Police Union and the Council renegotiate. But now. I support Laura Bergus' proposal because it works toward creating a city that I want to live in. That I want to stay in. That I want my kids to grow up in. You will have blowback from community members about this decision, but that is because you will be enacting real change. That is the kind of change we need and that you do have the power to control. 1 Kellie Fruehling From: Julia Zalenski <juliazalenski@gmail.com> Sent: Thursday, March 30, 2023 10:05 AM To: *City Council Subject: Budget amendment RISK **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Dear Councilor Alter: I am writing to express the strongest possible support for the proposed amendment to the city's 2024 budget, which would shift$1.6 million from the police department to other community safety resources. This amendment would provide much-needed funding for housing, health care, food security, parks and outdoor spaces, employment support, and neighborhood resources—all of which are critical to ensuring that Iowa City is a safe and thriving community. All available data shows first, that the Iowa City police department doesn't need this money; and second, that the community doesn't need the police. In fact, far from keeping communities safe, policing is a public health crisis. Iowa City can do better, and I ask you to start by voting yes on this proposed amendment. Sincerely, Julia Zalenski 1604 California Ave t Kellie Fruehling From: Rose Persaud <rosepersaud@gmail.com> Sent: Thursday, March 30, 2023 1:50 PM To: *City Council Subject: vote yes RSI( **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Dear Iowa City Council, I am writing to express the strongest possible support for the proposed amendment to the city's 2024 budget, which would shift$1.6 million from the police department to other community safety resources. This amendment would provide much-needed funding for housing, health care, food security, parks and outdoor spaces, employment support, and neighborhood resources—all of which are critical to ensuring that Iowa City is a safe and thriving community. We need to allocate our money to where it will do the most good for our citizens --we do not want more police patrols, we want more affordable housing. Please vote yes on the amendment proposed by Laura Bergus. Sincerely, Rose Persaud 522 Rundell St. Iowa City, IA 52240 1 Kellie Fruehlinq From: Dieterle, Caroline M <caroline-dieterle@uiowa.edu> Sent: Thursday, March 30, 2023 1:59 PM To: *City Council Subject: Bergus's position on the police budget RISK **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Councilors: I have read Laura Bergus's column The Prairie Progressive on the proposed IC police budget and George Shillcock's coverage of her stance in the Press Citizen. I am writing to you to say that I agree with Laura, and urge you all to join her in voting'No' and sending the police budget back to be reworked. Laura has articulated a very rational,thoughtful, and well-informed position. Many citizens are uneasy about the increasing militarization of police, and increasing the police budget is a stinging reminder of the incidents in the recent past that provoked the call to defund them. Caroline Dleterle 727 Walnut Street i Kellie Fruehling From: Kris Lyon <lyonkris@gmail.com> Sent: Thursday, March 30, 2023 2:47 PM To: *City Council Subject: April 4th budget vote A **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** The opinions expressed are solely my awn and do not express the views or opinions of my employer(s). Dear Iowa City Council, I'm writing in support of the proposed amendment to the 2024 city budget moving$1.6 million from the police department to other resources. I have a unique personal experience with law enforcement that few others can claim. I have been a police officer, supervisor, and chief of police while also having worked for the ACLU. I currently work for the State Public Defender as an investigator and at CommUnity Crisis Center as a crisis counselor. I've written police budgets, purchased and outfitted patrol cars,written department policy manuals, trained officers, and held armed suspects at gunpoint. In my current capacity, I've been in countless prisons and jails across Iowa talking to defendants.At the Crisis Center, I've been called to take over for police who do not have sufficient time nor the proper approach (or attire)to engage effectively with clients in crisis. At the Public Defender's Office, I frequently watch body camera footage from the Iowa City Police Department that few in the public ever see. From my countless experiences with law enforcement, unhoused persons, crisis response, and counseling in Iowa City it is clear to me that more funding, more police officers, and more state power is the opposite of a solution to the problems we face. We need more support for resources like CommUnity Crisis Services, more housing at Shelter House, more diversion to crisis response services. Not more force and more guns. Police officers can have all the compassion and good intent in this world and still not be the solution to systemic problems of poverty, housing shortages, extreme economic inequality, and the other ongoing stresses of our world. Many well-intentioned officers work in ICPD. But I've been in their shoes, been through the same training, while also experiencing the influences of their power from the outside. In the law enforcement academy,we were told that we were becoming part of the "greatest street gang in the world." We were constantly told to make "officer safety our number one priority." We were taught to fear. No matter the intent of the individual officers, ICPD's policies,or the size othe the police budget,this will be the approach of ICPD. It is inevitable without a complete restructuring. More money is not the answer. Moreover, it is beyond clear that expanding law enforcement doesn't actually make us safer. It is a nice illusion, but it doesn't work.See: Relationship Between Police Presence and Crime Deterrence, U.S. Department of Justice https://www.c ip.gov/ncirs/virtual-Iib ra ry/abstracts/relationsh ip-between-police-prese nce-a nd-crime-deterrence Larger police budgets not correlated with less crime,Washington Post https!//www.wa shingtonpost.com/po lit ics/2020/06/07/over-past-60-years-more-spend ing-police-hasnt-necessa rile 1 meant-less-crime/ 'Re-Fund the Police'?Why It Might Not Reduce Crime, NY Times https://www.nytimes.com/2021/11/08/`us/police-crime.html In 2016, a group of criminologists conducted a systematic review of 62 earlier studies of police force size and crime between 1971 and 2013.They concluded that 40 years of studies consistently show that "the overall effect size for police force size on crime is negative,small, and not statistically significant." htt s: www.reuters.com le al overnment olice-are-not- rimaril -crime-fi hters-accordin -data-2022-11-02 More funding for law enforcement is like placing a band aid on your hand when your foot is caught in the railroad tracks. Except this band aid causes PTSD and a constant fear of imminent death for people of color, neurodivergent communities, and others.This is a public health crisis: Advancing Public Health Interventions to Address the Harms of the Carceral System,American Public Health Association httDS://www.apha.org/Policies-an Advocac /Public-Health-Policv-Statements_/Polic -Database/2022/01_/0.7 Advancin - Public-Health-Interventions-to-Address-the-Harms-of-the-Carceral-5 stem "It Stays with You for Life":The Everyday Nature and Impact of Police Violence in Toronto's Inner-City httijs://www.ncbi.nlm.nih.gov/Pmc/articles/­PMC95183A2j Aggressive Policing and the Mental Health of Young Urban Men, NCBI https://www.ncbi.nim.nih.gov/pmc/articies/PMC4232139/ A Growing Dilemma: How Police Brutality Affects Mental Health in Black Communities,Thurgood Marshall Center htt s: thur oodmarshalicenter.howard.edu sites tmcrc.howard.edu files 2021-05 A%20Growin %20Dilemma%20- %20How%20Police%208rutalit %20Affects%20Mentat%20Heaith%20in%20the%20BIack%20Communities, df Respectfully, Kris Lyon 1217 Cottonwood Avenue, Iowa City 2 1 r 1 •''rrr®��- City Council Supplemental Meeting Packet CITY OF IOWA CITY April 3, 2023 Information submitted between distribution of packet on Thursday and 4:00pm on Monday. Late Handout(s): Information Packet Email from Councilor Harmsen: FYI [Rochester Avenue Reconstruction Project Discussion] Planning & Zoning Matters Item 10.a Rezoning - JJR Davis Second Addition and JJR Davis Fourth Addition Subdivisions located between Mormon Trek Blvd. and Dane Rd. SE - See correspondence from the following: Jason & Carol Gehrs, Heecheon Jeon, Ron & Sheryl Aiken, Janet Soboroff, June Hamer Item 11.b FY24 Budget Public Hearing - See correspondence from the follow)ft Pat Ryan, Donna Hirst, David Sterling, Iowa City Democratic Socialists of America, Aifl Koolbeck, Joe Slattery, Luke Perez, Hillary Schofield, Jeff Walberg, Jayne Meacham, Raneem Hamad, Thelma Trujillo, Zeru Peterson, John Engelbrecht, Amy Konczyk, Matt Farrell, Mei-Ling Shaw, Ginny Blair, Julia Leonard, Audrey Keith, Jim Walters, Caroline Dieterle, Thomas Stevens, Emily Magnuson, Jackie Mills, Rebecca Carver, MexLs Soukup, Kyle Jennings April 3, 2023 City of Iowa City Ashley Platz From: Patricia Ryan <patriciaryan1652@gmai1.com> Sent: Thursday, March 30, 2023 3:59 PM To: *City Council Late Handouts Distributed Subject: Re-assigning funding in coming budget -O L4 — b 3 - 2 3 (Date) RfSiS **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments.** On Tuesday, April 4, 2023, the City of Iowa City city council will vote on the Fiscal Year 2024 budget. 1 believe the City's budget should reflect Iowa City's values and priorities. I support Laura Bergus's proposal that we take a hard look at how we fund community safety, shifting $1.6 million from policing to more proactive community safety. •We should invest more in preventing harm, which will prevent calls for service to our police Investment in prevention leads to better outcomes across the board. Calls for service are prevented when people have what they need, and when they know how to resolve conflicts without violence. •Where we can't prevent harm, we should divert emergency response to those best-suited for the call. In many cases, those best-suited are not police. For instance, we could send mental health professionals who are trained to respond to mental health calls. When harm has occurred, our resources should support healing and repair, not punishment. Please support this proposal to change the budget. Thank you, Pat Ryan 1 Ashley Platz ' From: Hirst, Donna L <donna-hirst@uiowa.edu> Sent: Thursday, March 30, 2023 4:01 PM Late Handouts Distributed To: *City Council Subject: Police Budget Reduction (Date) RISK **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments.** As a long-term resident of Iowa City, I strongly support Laura Bergus's police budget reduction proposal, which aims to redirect police funds towards community programs that address the root causes of crime. Investing in community-led initiatives is the key to creating a safer and more equitable society. I also believe that the over- policing of communities of color and low-income communities is a major issue that needs to be addressed. This proposal is an important step towards building a better and more just community. i Ashley Platz From: David Sterling <dsterlingic@gmail.com> Sent: Thursday, March 30, 2023 6:41 PM To: City Council Late Handouts Distributed Subject: Support for Councilor Bergus's upcoming proposal ptd - G3- Z3 n (Date) RlSYf **This email originated outside of the City of Iowa City email system.Please take extra care opening any links or attachments.** Greetings council, I'm writing to you in support of councilor Bergus' upcoming proposal to freeze the police budget. By maintaining our police force at the expense of social programs and our most vulnerable citizens, we are choosing to enable the violence of poverty. In times of violence, people cannot afford to stay silent, and council has failed to listen. In 2020 this boiled over into riots that destabilized so much of our town,and for good reason, because it was what took council to listen. If council does not listen again,the risk of rioting increases again. I do not wish to see my hometown become a battleground, but for many it already is. Slaving away at exploitative jobs, supporting family abused by our systems,even dying in the streets;this is the result of prioritizing the protection of our most successful via police,as opposed to protecting our most vulnerable with support. I believe every person on this council is a compassionate person, and expect majority support for this measure, which breaks ground on the needs of all working-class Iowa Citians, but particularly of our Black neighbors. Thank you for your time. David Sterling They/Them/Theirs 712-212-5761 t Ashley Platz 1 � ' From: Iowa City DSA <exec@iowacitydsa.org> Sent: Thursday, March 30, 2023 7:15 PM To: *City Council Late Handouts Distributed Subject: Chapter Letter to City Council regarding budget Attachments: We sent you safe versions of your files; Letter_to_the_City_Council_about_police_budget.pdf 0q-03 - 2.1'5 (Date) I RISK **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files. Hello Iowa City Councilmembers, I am sending this letter on behalf of the Iowa City Democratic Socialists of America.Our membership drafted and approved this letter through a democratic process so that we know we are best representing chapter-wide sentiments. Thanks for taking the time to read this and considering our viewpoints! Audrey Keith Chair Iowa City DSA t Iowa City Democratic �� , Socialists of "D`�� America We need to immediately invest in our community to secure the wellbeing of everyone in Iowa City. Spending more public money on police, guns, tear gas, and Lasers will only exacerbate the challenges that we are facing. When the state government outlaws abortions, it will be the Iowa City Police Department enforcing that law. The Iowa City Police Department will be standing behind the threat of force to ensure that trans kids cannot receive life-saving healthcare that they need. Iowa City Police Department officers are already required by the state government to enforce minor marijauna- related offenses even if the city wanted to direct them to deprioritize enforcement instead. The statehouse already banned our municipal control over the commitment of local resources to enforcing federal immigration law_ The state is trying to force the city's hand with how we choose to achieve public safety and well-being. Instead, let us remind you that every dollar put towards policing is a dollar stolen from those who need healthcare and those who need housing, and an endorsement of the worst abuses of rising, right-wing fascism. The Iowa City Democratic Socialists stand together and in solidarity with our community to demand that the Iowa City Council reinvest public money where it is needed now—public education, public health, housing, safety, transportation, and accessibility—by immediately reducing funding to the police department. The current level of public money put into policing is unconscionable, and any increase in funding for the police would be nothing less than a declaration of contempt for our city's working class. Signed, The Iowa City Democratic Socialists of America Iowa City - Democratic ���, Socialists of America Dear Iowa City City Council Members, The Council's 2023 budget has the potential to demonstrate that Iowa City is a welcoming, inclusive, and progressive city that is invested in all of its residents. The more than 200 members of the Iowa City Democratic Socialists of America demand that the Iowa City Council dramatically reduce the city's police budget to reinvest in community support, community safety, and a system built on mutual wellbeing, thus working toward the abolition of the punitive, repressive policing system. Policing and the punishment bureaucracy it supports are inextricable from the long, ongoing history of white supremacy, from slave patrols to the disproportionate policing of Black and brown communities. We make this demand to begin addressing these injustices. The working class of Iowa City are under assault by the wealthy elite and a radical, right-wing government. They have committed to overturning child labor laws, outlawing reproductive and gender-affirming healthcare, destroying public education, and using the police and punishment bureaucracy to further Iowa's descent into a backwards, draconian state. These dangerous new laws coupled with overwhelming inflation and stagnant wages have placed Iowa City's working class on the chopping block, especially those most affected by the policing system: Black, Indigenous, people of color, trans, houseless, disabled, and other marginalized members of our class. In 2020, the city council expressed its desire for a "reduction of the public's reliance on police in non-violent situations through the use of unarmed professionals" (Resolution No. 20-159). The council recognized that policing is not a tool for all problems. Since that time, we've seen a number of initiatives aimed at fulfilling parts of this promise come from the council. These initiatives don't go far enough in eliminating the use of coercive state violence against our community. It is possible, feasible, and necessary to do more, to expand non-violent crisis response options, and to provide more resources to ensure people are able to meet their basic needs of housing, healthcare, utilities, food, and transit. Ashley Platz , From: Allie Koolbeck <akoolbeck@gmail.com> Sent: Friday, March 31, 2023 6:45 AM Late Handouts Distributed To: *City Council Subject: Support for Council member Bergus' Community Investment Plan 0Ll- 03 - 23 f (Date) RISIl **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Hello Council Members, My name is Allie Koolbeck and I live on the east side of Iowa. I'm writing to ask you to support Council member Bergus' proposal to increase investment in our communities by shifting funds from the police budget to community initiatives. Addressing the root causes of crime is a more effective, equitable and compassionate way to improve safety for the whole community. I urge you all to pass this proposal. Best, Allie Koolbeck 1 Ashley Platz From: Joe Slattery <joeslattery53@gmail.com> Sent: Friday, March 31, 2023 9:56 AM Late Handouts Distributed To: *City Council Subject: Proposed Police Budget Increase A (Date) •x This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Dear City Council: I am writing to express the strongest possible support for the proposed amendment to the city's 2024 budget, which would shift$1.6 million from the police department to other community safety resources. This amendment would provide much-needed funding for housing, health care, food security, parks and outdoor spaces, employment support, and neighborhood resources—all of which are critical to ensuring that Iowa City is a safe and thriving community. All available data shows first, that the Iowa City police department doesn't need this money; and second, that the community doesn't need the police. In fact, far from keeping communities safe, policing is a public health crisis. Iowa City can do better, and I ask you to start by voting yes on this proposed amendment. As someone who works full time at the Johnson County Public Defender's Office, the last thing Iowa City needs is an increased police presence. Nearly a quarter of the cases I see brought against citizens of this community involve either excessive charges that are later dismissed (at taxpayers expense no less), exploitation of minority defendants and non-native citizens, or the harassment of underprivileged residents. The police force is not keeping Iowa City safer by continually arresting its most vulnerable residents. The Public Defender's Office repeat clients struggle the most with mental health, housing, and finding meaningful work. If our city is going to simply give more money to the authorities to prosecute these people without addressing the underlying issues, I will consider myself ashamed to call myself a resident of Iowa City. Please rethink the proposed increase to the police budget and consider spending the money on the deeper underlying issues of this community. Organizations that help with homelessness, mental health, and substance abuse treatment are far more valuable to the Iowa City Community than more flashing lights and arrests that put pressure on an already over-stretched and under funded judicial system. Sincerely, Joe Slattery 3590 Eastbrook St. Iowa City, IA 52245 t Ashley Platz y '`� From: Luke Perez <luke.perez1997@gmail.com> Late Handouts Distributed Sent: Friday, March 31, 2023 10:34 AM To: *City Council Subject: Budget Amendment (Date) **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Hello, I am an Iowa City resident,and I am writing to show my support for city councilor Laura Bergus' budget amendment which will shift city resources to community safety resources,such as food security and housing. I think this amendment is more important than ever given the rapid rise of living costs due to inflation; it is becoming harder and harder to survive let alone thrive in my community. Thank you, Luke Perez t Ashley Platz 1 1,3 0 From: Hillary Schofield <hbschofield@gmail.com> Sent: Friday, March 31, 2023 11:17 AM Late Handouts Distributed To• *City Council Subject: Vote YES on budget amendment 0q —03 23 I (Date) RISH **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments.** Dear Council Members, I wholeheartedly agree with the sentiments and data that City Councilor Laura Bergus laid out so well in her article "Investing in Community Safety". I urge you to vote YES on her proposed budget amendments. 1 stand firmly against increasing the Iowa City police budget,and instead implore you to direct those funds towards making sure the basic needs of all our community members are met; increasing our public green spaces; and supporting the well-being and success of those who face systemic barriers and discrimination. We need more support and less intimidation in our community. More encouragement and far less punishment. Increased police presence is not the answer. We can do so much better. Sincerely, Hillary Schofield 720 S.7th Ave, Iowa City, Iowa 1 Ashley Platz From: Jeff Walberg ajeff.walberg@gmail.com> Sent: Friday, March 31, 2023 2:10 PM Late Handouts Distributed To: *City Council Subject: Support for Police Reform oy- o3- 2Z (Date) RISK **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments.** Dear Mayor and Council members, As you work on next year's budget, I hope you will give serious consideration to reforming how policing is done in Iowa City. Laura Bergus has made excellent arguments for redirecting police funding to solutions that are less costly and more effective, and I fully support her efforts. I would specifically like to emphasize two related areas that I think deserve scrutiny: pretextual traffic stops and car- based patrolling. My reasoning for focusing on these two areas is simple:to reduce the number of dangerous and traumatic encounters between heavily armed agents of the state and vulnerable civilians. In the 21st century,the role of the armed police in providing traffic safety is anachronistic, at best. If there are issues with speeding on certain streets,technology and improved traffic features are the best measures to focus on -John Thomas has suggested a number of thoughtful alternatives to speed traps and police cruisers. If there are problems with unregistered vehicles and uninsured drivers,surely there is a better way to identify, notify, and ticket these drivers than by randomly stopping"suspicious" people for minor causes,such as broken taillights of objects hanging from rearview mirrors.And if people are seen committing minor traffic infractions,why not send them a ticket in mail first rather than escalating the situation and introducing firearms into the scene? Finally, if there are areas of town where people are experiencing crime and violence, by all means resources should be provided to help, and a police presence may be useful. But relying on armed police in cruisers is likely not the most effective way to address crime, and it certainly isn't helpful in building trust with community members. Put police officers on foot or bicycle.And consider whether they need to be fully armed at all times. If they can't or won't disarm because of the perceived danger to their safety, perhaps that's a good indication that someone other than police should be provided resources to try a different approach. I was curious to see if other cities are trying alternatives to traditional policing.All I had to do was Google "police reduce traffic stops" to find numerous articles exploring this topic. Iowa City is a model community in so many ways, and I greatly appreciate the efforts you have made to respond thoughtfully to the concerns of our most vulnerable citizens. Please take this important opportunity to help us continue evolving as a community related to public safety and our collective concern for one another. Thank you for your consideration, Jeff Walberg 1115 Prairie Du Chien Rd Iowa City, IA 52245 1 Ashler Platz } �O From: Jayne Meacham <jayne.meacham@gmail.com> Sent: Friday, March 31, 2023 2:18 PM Late Handouts Distributed To: *City Council Subject: Support for Laura Bergus' Budget Amendment 0q -03 - 23 (Date) R15K **This email originated outside of the City of Iowa City email system.Please take extra care opening any links or attachments.** Dear City Council, I wholeheartedly support the amendment to the budget for fiscal year 2024 put forward by Councilor Laura Bergus. I believe it is vital that we, as a responsible, loving, and welcoming city, shift 1.6 million dollars of the general fund away from the police department and toward community safety resources like housing, health care,food security, parks and outdoor spaces, employment support, and neighborhood resources.This is how we build a strong, resilient and flourishing community-the kind of place where I would be proud to live and that would be a leader in the nation. I urge the council to vote YES on this amendment. Thank you, Jayne Meacham i Ashley Platz I VD From: Raneem Hamad <ranomahawk@live.com> ' Sent: Friday, March 31, 2023 3:30 PM Late Handouts Distributed To: *City Council Subject: IC Budget Amendment v� • e73 Z3 A (Date) **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Dear City Council, I am writing to express the strongest possible support for the proposed amendment to the city's 2024 budget, which would shift$1.6 million from the police department to other community safety resources. This amendment would provide much-needed funding for housing, health care, food security, parks and outdoor spaces, employment support, and neighborhood resources—all of which are critical to ensuring that Iowa City is a safe and thriving community. All available data shows first, that the Iowa City police department doesn't need this money; and second, that the community doesn't need the police. In fact, far from keeping communities safe, policing is a public health crisis. Iowa City can do better, especially for its most marginalized communities, and I ask you to start by voting yes on this proposed amendment. Sincerely, Raneem Hamad Iowa City Resident t Ashley Platz b From: Thelma Trujillo <trujillo.thelma@gmail.com> Sent: Friday, March 31, 2023 6:20 PM Late Handouts Distributed To: *City Council Subject: Vote Yes to IC Budget Amendment A (Date) **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Dear Iowa City Council, I am writing to express the strongest possible support for the proposed amendment to the city's 2024 budget, which would shift$1.6 million from the police department to other community safety resources. This amendment would provide much-needed funding for housing, health care, food security, parks and outdoor spaces, employment support, and neighborhood resources—all of which are critical to ensuring that Iowa City is a safe and thriving community. All available data shows first, that the Iowa City police department doesn't need this money; and second, that the community doesn't need the police. In fact, far from keeping communities safe, policing is a public health crisis. Iowa City can do better, and I ask you to start by voting yes on this proposed amendment. Sincerely, Thelma Trujillo 1201 S. Gilbert St., Apt. 302 t Ashley Platz , From: Zeru Peterson <zjpeters.zp@gmail.com> ate Handouts Distributed Sent: Saturday,April 1, 2023 8:01 AM To: *City Council Subject: Voting on police budget 0 Li (Date) **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Dear council members, I want to voice my support for for the amendment to the city budget redirecting funds to community care resources. I am a research scientist who would love to see our city grow and become a more open and accepting community, and to do that we need to direct funds towards actually productive community usage. I've lived in Iowa city for 15 years,and during that time have witnessed multiple instances of police violence in this town. Whether it is police officers using excessive force to arrest students for underage drinking, or the dismissal of those members of the community without permanent housing or support systems who are at most risk for being targeted by state violence. By redirecting funds from the excessive police budget("25%of the city's general fund)to useful community resources such as providing food, housing, and other basic necessities of life for citizens. At its core,a police force is a force of violence. Even the most"community oriented" aspects of policing such as helping people find directions or responding to health incidents are tasks that could be performed by a professional who does not firstly resort to violence. I grew up quite poor, and in that time dealt with judgement and intimidation from police officers, and to this day I cannot see a police officer approaching armed with a handgun, pepper spray,taser, and multiple forms of restraint and feel anything but fear in my heart.There is no safety provided by their presence,they instead daily leave citizens across our city in fear that they might be the next victim of a "police involved shooting." I hope you take the time to read this and other requests to redirect funds away from violence and towards community. Thank you, Zeru Peterson He/him/his 1 Ashley Platz �� 1\0 From: John Engelbrecht <john@publicspaceone.com> Sent: Saturday, April 1, 2023 10:53 AM Late Handouts Distributed To: *City Council Cc: Geoff Fruin Subject: shift policing budget 1 support for L Bergus' plan IO LA- CIS. E05 (Date) RISK **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Dear IC City Council and staff, I am writing in lieu of being able to make the April 4th meeting to speak in person: I have been looking at both the IC Strategic Plan and other local plans envisioning a better future for Iowa City. I have been very motivated and excited by Laura Bergus' proposal to shift a portion of money earmarked for the ICPD away from "direct policing" and into areas/neighborhoods/programs that will make direct policing less needed (the long,just vision that underlines this councils very own strategic plan)and am hopeful other council members and city staff will consider this as well. Thank you for all you do in moving our city in a positive direction! Sincerely, John E. * 0 * John Engelbrecht Executive Director\\ Public Space One c 319.331.8893 w:publirsoaceone.ram email hours:M,W,R,F,1-3p GST P51 runs because a lot of people nive alliittt'le.Be a sustainine member toda S U 1 Ashley Platz \\, From: Amy Konczyk <konczykamy@gmail.com> Sent: Saturday, April 1, 2023 11:35 AM Late Handouts Distributed To: *City Council Subject: 2024 Fiscal Year Budget au - a3- 2'3 I (Date) RtSFt **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Iowa City Council Members, Please reconsider approving the 2024 Fiscal Year Budget including 1 million dollars or 25% of the city's general fund on policing. I support Laura Bergus's amendment that would shift 1.6 million dollars of the general fund and away from the police department. I would like more funding to go toward community safety resources like housing, health care, food security, parks and outdoor spaces, employment support, and neighborhood resources. Thank you for your time and consideration, Amy Konczyk 601 S. Governor St. Iowa City, IA 52240 t Ashley Platz � \ • VD From: Matthew Farrell <tangerine.pony@gmail.com> Sent: Saturday,April 1, 2023 3:06 PM Late Handouts Distributed To: *City Council Subject: Proposed Budget OLA- O3- 2'3 I (Date) RISK *'This email originated outside of the City of Iowa City email system.Please take extra care opening any links or attachments.*' Dear all, I am an Iowa City denizen and I support Laura Bergus' proposal. I believe that,for an average citizen, an extra $100'000, is significant. I would like this extra money to go toward mental health rehabilitation and proper training for police. Thank you for your support. Sincerely, Matt Farrell 1 Ashley Platz From: mshawwilliams <mshawwilliams@gmail.com> Sent: Saturday, April 1, 2023 4:17 PM Late Handouts Distributed To: *City Council Subject: Funding 6t\- b'3r 2`'D (Date) RISK **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Dear Council, I fully support Laura Bergus' proposed plan to shift funds from police to mobile crisis response and other community stabilizing measures. We are in unprecedented times that require visionary changes.We know policing is not supporting our communities of color,those who are suffering from mental health issues,and people struggling with substance abuse disorders. By looking for alternative ways in which we can support the well-being of our community, I believe Laura Bergus is leading Iowa City to a more just, safer,and healthier future. I hope you will vote with her to support these changes. Thank you, Mei-Ling Shaw shelher 319-325-2400 Y Ashley Platz From: Ginny Blair <ginnyblair5l @gmail.com> Sent: Sunday, April 2, 2023 11:49 AM Late Handouts Distributed To: Laura Bergus; *City Council Subject: Re: Let's talk about investing in community safety-a request C)"-n3- 2 (Date) RISK **This email originated outside of the City of Iowa City email system.Please take extra care opening any links or attachments. ** Hi Laura Thanks for your input. I appreciate your thoughts. Recently I was with a friend who had called 911 for a medical emergency. I was reminded of the several other times I've witnessed the wonderful response of EMTs and also the calm comfort of the fire fighters who show up too. But why three firefighters and the whole big red engine?! If some 911calls deserve such a response why do other calls get (sometimes multiple) police officers with guns? I am in favor of redistributing our tax payer dollars, in favor of better service,equality, justice and common sense. Ginny Blair 4n Tue, Mar 28, 2023, 10:07 PM Laura Bergus<laura@laurabergus.com>wrote: Hello, friend, I am reaching out with a request. On Tuesday, April 4, 2023, the City of Iowa City city council will vote on the Fiscal Year 2024 budget. In the tightest budget year in a long time, we have to make some tough decisions. The City's budget must reflect Iowa City's values and priorities. I am proposing we take a hard look at how we fund community safety. Specifically, I propose we shift $1.6 million from policing to more proactive community safety (you can read a deep dive on my reasoning here). If you agree, I am hoping you will voice your support directly to the city council. Here's some background. t The City's work is informed by three primary values: 1. racial & social justice, 2. climate action, and 3. partnerships & engagement. These values underlie the vision and actions in our recent Strategic Plan. These values are central to other recent, local plans: the Better Together 2030 All In Vision, the Johnson County Inclusive Economic Development Plan, and the ECICOG Envision East Central Iowa plan. All of these plans emphasize the need to increase safety and well-being through stronger neighborhoods and equitable access to resources. Alignment with these plans requires investing in safety other than policing. • We should invest more in preventing harm, which will prevent calls for service to our police. Investment in prevention leads to better outcomes across the board. Calls for service are prevented when people have what they need, and when they know how to resolve conflicts without violence. • Where we can't prevent harm, we should divert emergency response to those best-suited for the call. In many cases, those best-suited are not police. For instance, Mobile Crisis Response is trained to respond to mental health calls. Very soon they will be dispatched directly in the same way as other emergency services in Johnson County, when someone calls 911 or 988. • When harm has occurred, our resources should support healing and repair, not punishment. Restorative and transformative justice programs are one path we can support. Yet, Iowa City's proposed budget includes spending 25% of the general fund on police, and proposes an increase in the police department's budget of nearly a million dollars. 2 In the last ten years, the Iowa City Police Department budget has increased over 40%. During that same time, Iowa City's population grew by only 10%. Police funding outpaced growth in public works, neighborhood services, library, and parks and recreation, among other City departments. The steep rise in police funding is not due to a rise in our department's emergency response. In the most recent full-year report, for 2021, there were 4,000 fewer calls for service than the five-year average. Further, about 45% of all calls for service are initiated by officers, not in response to someone calling for help. According to our Preliminary Plan to Restructure the Police, only 10% of all calls are resolved as "officer required," and violent crime in Iowa City is lower now than in the 1990s, despite the population increases since then. With all the needs in our budget and all the ways we can make our community safer and more secure, I will not vote to increase the police budget. I am asking my City Council colleagues to shift $1.6 million to prevention, diversion, and healing and repair. In the coming years, we will face increased political extremism, climate devastation, economic turmoil, and aftershocks from the pandemic. These challenges require focus and intention to build resilience. Let's invest to prevent harm and support the work of organizations who know how to empower people. We should invest in nuanced emergency response tailored to our residents' needs, and work to create accountability, not punishment. We must share power with community partners, endorse experts, and elevate future leaders. A status quo budget will fund the status quo. We can, and must, do better. Please tell the city council how you want us to prioritize public dollars. • Email ccuncil(allowa-citv.org • Attend our budget public hearing set for Tuesday, April 4, 2023, 6:00 pm, in-person at City Hall, 410 E. Washinqton Street. Iowa City, IA 52240 or by Zoom (Note that the budget item will not be first on the agenda. You can view the agenda packet for the April 4, 2023, meeting online. The agenda packet will be posted by 5:00 pm on Thursday, March 30, 2023.) With gratitude, Laura Bergus 319-541-9677 Unsubscribe 3 Ashley Platz } ' From: jules 63 <julieleonard63@gmail.com> Sent: Sunday,April 2, 2023 7:01 PM Late Handouts Distributed To: *City Council Subject: 2024 Budget (Date) RISK **This email originated outside of the City of Iowa City email system.Please take extra care opening any links or attachments. ** Please support your fellow council member, Laura Bergus' amendment to the 2024 Budget Plan. Iowa City is a place that should be leading us all toward a more peaceful, safe, healthy, and equitable model of governance. I want to emphasize that I am not a "defund the police"voter. I am a defund law enforcement that is over-funded, move obligations that do not fit under law enforcement elsewhere and fund them.We cannot imagine a less violent world with such violent responses by law enforcement that we experience all to often without envisioning what else can be. Providing resources the feed our communities and keep them healthy are vital to building a more peaceful and less combative community. This amendment offers us a chance to move in that direction without harm to the current level of law enforcement we have in this city. Please support this amendment and represent all of your constituents rather than the few. Sincerely, Julia Leonard 1 Ashley Platz I From: Audrey Keith <audreykeithiowa@gmail.com> Sent: Sunday, April 2, 2023 8:57 PM To: *City Council Late Handouts Distributed Subject: Police Budget Attachments: We sent you safe versions of your files; Letter to Iowa City Council 4-4-23.pdf 09 -05 - 23 t (Date) RISK **This email originated outside of the City of Iowa City email system.Please take extra care opening any links or attachments. ** Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files. Hello Iowa City Councilmembers, I wrote this attached letter for the meeting on Tuesday,thank you for reading! -Audrey Keith 1 Dear Iowa City Council, My name is Audrey Keith and I have lived in Iowa City since 2008, 1 graduated from the University of Iowa in 2013 with a degree in Social Work and a certificate in Critical Cultural Competency. I am writing about the upcoming budget vote on April 4th, particularly Councilmember Laura Bergus's proposal to reallocate funding for 6 new police officers to public and social services and to not increase the ICPD budget for the next fiscal year. I agree with her proposal and I want to go farther. When people have community connections and access to resources, they do not have to rely on the police. For example, when I was in college, a stranger walked into my friend's apartment in the middle of the night. She was scared and apologetic; she was trying to get away from an abusive boyfriend who lived upstairs, but her car would not start. It may have been 3 am, but my friend called me because I had a car and asked if I could give this stranger a ride home. I was glad to be able to help and also that my friend thought to call me. It is sad to think she got lucky by not getting the cops called on her, rather than thinking of community care as the norm. Another time, we lived in a neighborhood with a bunch of kids that would play outside everyday. One day they got in a fight with the neighbor kids and were throwing rocks over a fence at each other from our parking lot. These kids often talked to us when we were doing yard work so we had interacted with them a lot over the years. We felt comfortable talking to them, finding out what caused the commotion, and trying to deescalate the situation. Unfortunately, our landlord was around doing repairs that day and was not familiar with these kids. He decided to call the cops—even though he'd seen us talking the kids down and they had stopped throwing rocks—because they were still in our parking lot. Their age range was maybe from 5 -14 yrs old. It was scary because all these kids were Black and we didn't want any of them to get hurt. The landlord didn't understand our personal community connection so he chose to rely on the police instead. The connections and resources that the city can provide are services such as mobile mental health responders, crisis hotlines. etc. I would be remiss if I did not credit the Black Lives Matter movement for bringing this issue to the forefront of our attention. Even though I can see how the police do not serve me as a non-binary person, a person with a uterus, or a working-class person, they are even more dangerous to Black persons, Indigenous persons, and persons with disabilities. That is because without providing robust alternatives to policing, we are left to call a stranger with a gun to the scene of an emergency where they don't understand what has happened, who is who, or what our priorities are, and yet we have to hope they make decisions and take actions in our best interest. So let's start with freezing the ICPD budget and seeing where else we can spend those funds. As alternative public safety services get established, allow those services to replace portions of the ICPD so we can move funds away from the police and towards preventive services and resources. I know that some people still want the police available for calls, but I think we should continue to build alternative response systems. That way Iowa City residents can choose who they want to call during various emergencies, and then as they see the differences, they can decide what they prefer. With the reallocated funds, I want to boost affordable and public housing, accessible mental health services, public transit, and anything else to meet people's basic needs, as I think this is the most important form of crime prevention. Crime is not committed by people who are innately bad. but by people who are desperate. Providing these resources both improves people's economic outlook and makes them feel cared for by the city as a whole. Ashley Platz From: Jim Walters <jcmwalt@infionline.net> Sent: Sunday,April 2, 2023 4:21 PM To: *City Council o L4 O 2 3 Subject: Police Funding (Date) **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Dear Councilors, I strongly support Laura Bergus&rsquo;s proposal to redirect the proposed increase in police funding to other, more pressing, community concerns. I think Bergus is clearly right:that we don&rsquo;t need to be sending armed police officers to situations that don&rsquo;t call for that. I raised this point a few years back at a Neighborhood Council meeting, when 1 asked Councilor Susan Mims if she would consider having unarmed police officers.She seemed actually shocked by the very idea. But I still believe there is a constructive case for having unarmed officers in Iowa City. I&rsquo;ve lived in this community almost my entire life (seventy-six years). I remember seeing and dealing with many Iowa City police officers who did not openly carry weapons- mostly, because there was no real reason for them to do so. Yes,things have changed a bit,since then. But I still believe we have a real opportunity to deescalate societal violence by having unarmed officers- motivated and trained to accomplish this. I could go into more detail on how this might work, but I want to keep this letter brief, and move on to my other concern -which Bergus also mentions,tangentially-trees. There are studies that show that neighborhoods with good tree cover are safer-with reduced levels of violence.There are manifold reasons for this. If we look at Iowa City&rsquo;s neighborhoods,there are many that have been neglected from the standpoint of providing trees-trees that would make the neighborhoods more beautiful, more livable,and cooler. So,to be brief, I would love to see the City Council use that$1 million to add a few foresters, rather than police officers, and make our city the real &Idquo;Tree City&rdquo;those signs claim we are. Jim Walters i Ashley Platz From: Dieterle, Caroline M <caroline-dieterle@uiowa.edu> Sent: Sunday, April 2, 2023 9:28 PM Late Handouts Distributed To: Jim Walters; *City Council Subject: Re: [External] Police Funding d -23 (Date) �IsK **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Check your computer-you have a repeating serious typo that impairs the impact of your letter, C Get Outlook for iOS From:Jim Walters<jcmwalt@infionline.net> Sent:Sunday,April 2, 2023 9:21 PM To: council@iowa-city.org<council@iowa-city.org> Subject: [External] Police Funding Dear Councilors, I strongly support Laura Bergus&rsquo;s proposal to redirect the proposed increase in police funding to other, more pressing, community concerns. I think Bergus is clearly right:that we don&rsquo;t need to be sending armed police officers to situations that don&rsquo;t call for that. I raised this point a few years back at a Neighborhood Council meeting, when I asked Councilor Susan Mims if she would consider having unarmed police officers.She seemed actually shocked by the very idea. But I still believe there is a constructive case for having unarmed officers in Iowa City. I&rsquo;ve lived in this community almost my entire life (seventy-six years). 1 remember seeing and dealing with many Iowa City police officers who did not openly carry weapons- mostly, because there was no real reason for them to do so. Yes,things have changed a bit,since then. But I still believe we have a real opportunity to deescalate societal violence by having unarmed officers-motivated and trained to accomplish this. I could go into more detail on how this might work, but I want to keep this letter brief, and move on to my other concern -which Bergus also mentions,tangentially-trees. There are studies that show that neighborhoods with good tree cover are safer-with reduced levels of violence.There 1 are manifold reasons for this. If we look at Iowa City&rsquo;s neighborhoods,there are many that have been neglected from the standpoint of providing trees-trees that would make the neighborhoods more beautiful, more livable,and cooler. So,to be brief, I would love to see the City Council use that$1 million to add a few foresters, rather than police officers, and make our city the real &Idquo;Tree City&rdquo;those signs claim we are. Jim Walters z Ashley Platz k From: Thomas Stevens <tcslector@gmail.com> Sent: Sunday, April 2, 2023 9:44 PM To: *City Council Late Handouts Distributed Subject: In favor of budget amendment (Date) RISK **This email originated outside of the City of Iowa City email system.Please take extra care opening any links or attachments.** Dear City Council, I strongly support the proposed amendment to the city's 2024 budget, which would shift$1.6 million from the police department to other community safety resources. As someone born and raised in Iowa City, I want to live in a city that invests in community, not police. I want better housing, better healthcare, better parks, better libraries, better schools, not more police. With all the hateful bills going through the state, give me a reason to stay in Iowa, in Iowa City. Vote yes on this proposed amendment. Best, Tommy Stevens 3459 Ireland Dr, Iowa City i 1 ( . b Ashley Platz From: Emily Magnuson <emilymagnuson@gmail.com> Sent: Monday, April 3, 2023 6:51 AM Late Handouts Distributed To: *City Council Subject: Please vote YES on the budget ammendment 24 - 3- 7-9-) (Date) I Rrslc **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments.** Hello, I am writing to support Laura Bergus' budget amendment for fiscal year 2024. 1 believe it is incredibly important to keep funding in community safety resources like housing, health care,food security, parks,and employment support. Please consider my opinion and have a great day. Emily Magnuson 646-270-2110 cell htti)s://emilyannmagnuson.com/ t Ashley Platz From: Jackie Mills «millsjackie5@gmai1.com> Sent: Monday,April 3, 2023 8:01 AM Late Handouts Distributed To: *City Council Qj (Date) RISC( **This email originated outside of the City of Iowa City email system.Please take extra care opening any links or attachments. ** Dear City Council: I am writing to express the strongest possible support for the proposed amendment to the city's 2024 budget, which would shift $1.6 million from the police department to other community safety resources. This amendment would provide much-needed funding for housing, health care, food security, parks and outdoor spaces, employment support, and neighborhood resources—all of which are critical to ensuring that Iowa City is a safe and thriving community. All available data shows first, that the Iowa City police department doesn't need this money; and second, that the community doesn't need the police. In fact, far from keeping communities safe, policing is a public health crisis. Iowa City can do better, and I ask you to start by voting yes on this proposed amendment. Sincerely, Jackie Mills 23 Montrose Avenue Iowa City, IA i Ashley Platz From: Rebecca Carver <rebecca_carver@outlook.com> Late Handouts Distributed Sent: Monday, April 3, 2023 9:45 AM To: *City Council Cc: Jane Driscoll;ftdriscoll DLA - 03 - 2- Subject: Subject: Vote "NO" on the rezoning request for land that is adjacent to (Date) RASH **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Dear Mayor Teague and Iowa City Council members: 1 urge you to oppose the rezoning request of property adjacent to the George Dane Family Trust. I have known the Dane/Driscoll family for many years. I met George Dane for the first time when I was in high school and had been elected the chair of youth ministries for the United Methodist Church. George was a leader in the conference and served on many committees. Since that time, more than 40 years, I have become acquainted with the extended Dane/Driscoll family and had the joy of being one of their pastors for two years until my retirement in 2022. 1 have spent lots of time on the Dane land.The Knitting and Crocheting group from First UMC has met there frequently, sitting outside under the trees, crafting together and enjoying the view. During the pandemic, it meant that we could be together as a group in a safe, beautiful location. It is a wonderful site for a park. From the hill you can watch bald eagles, pelicans, and other birds flying by. In the distance,the cupola of City High stands out and on sunny days,shines. Planes take off and land at the airport.The seasons change and the view is always lovely. Driving up to the land must stay clear of development to protect the beauty and the land and allow for the preserve to continue to bloom and grow. We do not need another car dealership in that area. It is already overloaded,creating an ugliness and effecting the natural surroundings with noise,clutter,and pollution.To quote Joni Mitchell with a slight change, "DON'T pave paradise and put up a parking lot!" I urge you to vote "NO" on the rezoning request. Sincerely, Rev. Rebecca C.Carver 1434 Westview Dr. Coralville, Iowa 52241 Sent from Mail for Windows Rev. Rebecca C. Carver Retired UMC pastor 1 Ashley Platz From: Soukup,Alexis <alexis-soukup@uiowa.edu> Sent: Monday, April 3, 2023 11:32 AM Late Handouts Distributed To: *City Council Subject: Police Budget 3 ~ 2 (Date) RISK **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Dear City Council: I am writing to express the strongest possible support for the proposed amendment to the city's 2024 budget, which would shift$1.6 million from the police department to other community safety resources. This amendment would provide much-needed funding for housing, health care, food security, parks and outdoor spaces, employment support, and neighborhood resources—all of which are critical to ensuring that Iowa City is a safe and thriving community. All available data shows first, that the Iowa City police department doesn't need this money; and second, that the community doesn't need the police. In fact, far from keeping communities safe, policing is a public health crisis. Iowa City can do better, and I ask you to start by voting yes on this proposed amendment. Please rethink the proposed increase to the police budget and consider spending the money on the deeper underlying issues of this community. Organizations that help with homelessness, mental health, and substance abuse treatment are far more valuable to the Iowa City Community than more flashing lights and arrests that put pressure on an already over-stretched and underfunded judicial system. Sincerely, Alexis Soukup JD Candidate 2025 I University of Iowa College of Law MHA Candidate 2025 1 University of Iowa College of Public Health Managing Editor,Iowa Law Review, Vol. 109 alexic-soukup@uiowa.edu 1319-541-4119 t Ashley Platz b From: KJennings <kylejayjay@gmail.com> Sent: Monday, April 3, 2023 1:38 PM To: *City Council Late Handouts Distributed Subject: Vote YES on the budget amendment pc.(_ p s _ 2.3 (Date) RISIt **This email originated outside of the City of Iowa City email system.Please take extra care opening any links or attachments.** 1 r I �'�+►�w�r��xl, a City Council Supplemental Meeting Packet CITY OF IOWA CITY April 4, 2023 Information submitted between distribution of late handouts on Monday and 3:00 pm on Tuesday. Late Handout(s): Planning & Zoning Matters Item 10.a Rezoning - JJR Davis Second Addition and JJR Davis Fourth Addition Subdivisions located between Mormon Trek Blvd and Dane Rd. SE - See correspondence from the following:_Chris int Leech Chris Hedlund, Bob Dane Item 11.b FY24 Budget Public Hearing - See correspondence from the followin Emma H, Logan Drake, Eli Shepherd, Stephanie Cromer, Sharon Lake, Jennifer Kaalberg-Freers, Theresa Nilles, Caitlin Savage, Justin Comer, Flannery Currin, Dan Daly, Isabel Hogg, Zachary Morris, Tom Carsner, Rani Simawe, Iowa City Democratic Socialists of America, Hannah Zadeh, Izzy Kippes, Denise Chevalier, Daphney Daniel (x2), Maeve Biscupski, Emily Edwards, Devyn Hall, Temple Hiatt, Annalicia Garnica, Coordinating Committee of COGS LIE Local 896, Tricia Zebrowski, Angela Ward, kawn Greenleaf April 4, 2023 City of Iowa City Ashley Platz I } ' b From: Deceleration Waltz <deceleration.waltz@gmail.com> Sent: Monday, April 3, 2023 4:04 PM To: *City Council Late Handouts Distributed Subject: Support for Councilor Bergus' Proposal 0 C-t- 0L4- 2:!) Q (Date) alsl� **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Dear City Council, I am a member of the greater Iowa City community,and I am writing to support Councilor Bergus' proposal to limit the police budget and instead invest in better social support for the community,which I read about in the Iowa City Press- Citizen. Police do not make me feel safe;they are tasked with enforcing immoral laws that violate the bodily autonomy and health of people like me:trans people and people who can get pregnant. If we truly value everyone in our community, we should not be complicit in state-and federal-level attempts to invade our lives and curtail our rights, and that means we should not fund the police who will enforce those injustices. Furthermore, police are not appropriate responders to issues of mental illness and poverty; doctors and social workers are plainly best-equipped to alleviate those crises. Instead of funding an institution whose purpose is to wield violent punitive force,we should use our precious resources to bolster our vulnerable neighbors so that no one falls afoul of laws that penalize marginalized, deprived people. The City Council's own Resolution No. 20-159 includes a very achievable goal to "[reduce]the public's reliance on police in non-violent situations through the use of unarmed professionals", and I think Councilor Bergus' proposal would be a good step in that direction. I urge the Council to adopt the proposal and make our community a safer place, and to continue to shift priorities away from punishment and toward uplift. Sincerely, Emma H. t Ashley Platz From: Drake, Logan Mogan-drake@uiowa.edu> Sent: Monday,April 3, 2023 4:11 PM To: *City Council Late Handouts Distributed Subject: Budget Amendment Dy- 061 - Z--2> (Date) RISK **This email originated outside of the City of Iowa City email system.Please take extra care opening any links or attachments.** Iowa City Council, I am writing to express my support for the proposed amendment to the city's 2024 budget,which would shift$1.6 million from the police department to other community safety resources. I see this proposed amendment not as a punishment for the police department or as a sign of its lack of value, for it would remain well funded and continue to carry out its functions. Instead it is a sign of a commitment to a holistic approach to building and supporting community safety. Safety and community is not a simple function of police spending, but a joint function of thoughtful policing, quality housing, healthcare, and a multitude of other community resources,which could and should be supported. Iowa City has a history of at least attempting to take this holistic approach to community safety,and I believe this amendment would show a strong commitment to supporting the community holistically. I ask you to vote yes on this proposed amendment. Thank you for your consideration, Logan Drake Blazing Star Drive 1 Ashley Platz l ) From: elisshepherd@gmail.com Late Handouts Distributed Sent: Monday, April 3, 2023 5:05 PM To: *City Council Subject: Vote yes on budget amendment-fund community safety not police 0 4-1- 04/ (Date) **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Hi, I'm a lifelong Iowa City resident, 1 live in Goosetown. Please support Laura Bergus'amendment to shift funding out of policing and into public goods that actually keep our community safe like public housing and food security. Thank you, Eli Shepherd I Ashley Platz l From: steph cromer asteph.stuph7@gmail.com> Sent: Monday, April 3, 2023 7:52 PM To: *City Council Late Handouts Distributed Subject: Please vote for the Bergus Amendment to the Budget! (Date) R151S **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Dear City Council: Our city budget reflects our values and our vision for the kind of Iowa City we want.With that in mind, I am writing to express the strongest possible support for the proposed amendment to the city's 2024 budget, which would shift$1.6 million from the police department to other community safety resources.This amendment would provide much-needed funding for housing,health care,food security,parks and outdoor spaces,employment support,and neighborhood resources—all of which are critical to ensuring that Iowa City is a safe and thriving community. All available data shows first,that the Iowa City police department doesn't need this money; and second,that the community doesn't need the police. In fact,far from keeping communities safe,policing is a public health crisis. Iowa City can do better,and I ask you to start by voting yes on this proposed amendment. Sincerely, Stephanie Cromer 1926 Grantwood Street 1 Ashley Platz l w From: Sharon Lake asharonlake96@gmail.com> Sent: Monday, April 3, 2023 7:59 PM To: *City Council Late Handouts Distributed Subject: Budget for Fiscal Year 2024 0(-1 - o L4 - 2 3 (Date) RISK **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Dear City Council Members, I am writing to ask you to support Councilwoman Laura Bergus's proposal to shift money in the budget from policing to other proactive community safety activities. The values that underlie the plans we have been making in Iowa City emphasize that stronger neighborhoods and equitable access to resources are key to increasing safety in our community. It follows,therefore,that our approach to public safety must include prioritizing investment in areas other than the police. Councilwoman Bergus's plan shows forward thinking and leadership for REAL change in how we approach community safety. I am not in favor of"defunding"the police. I am, however, in favor of putting resources to work in ways that are most likely to prevent harm in the first place; use the best type of responder for calls that require intervention, which is not always the police; and build strong neighborhoods that are empowered to participate in maintaining public safety. It's time for Iowa City to take a significant step in this direction. I believe we can do so without jeopardizing the important work of our police department. Thank you, Sharon Lake 3123 Maplewood Lane Iowa City, IA 52245 1 Ashley Platz 'i l , From: Jen Kaalberg-Freers <jenkaalbergfreers@gmail.com> Sent: Monday, April 3, 2023 8:17 PM To: *City Council Late Handouts Distributed Subject: Pass budget amendment ©moi - C) 1 - Z3 (Date) s�Is►� **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** I'm a 30 year Iowa City resident writing to urge you to vote for the amendment to the 2024 budget.This amendment places resources where they can be more effective for the community.The police have historically been priorotized,and they have not solved the community's problems despite immense resources.We know that nationwide, there are many concerns with the integrity of the police, especially with regard to social inequities, and Iowa City is no exception. Count me among the voters offering a clear directive to vote in favor of the amendment. Thank you, Jennifer Kaalberg-Freers 220 S 1st Ave, Iowa City, IA 52245 1 Ashley Platz From: Theresa Nilles <theresanilies@icloud.com> Sent: Monday,April 3, 2023 8:54 PM Late Handouts Distributed To: *City Council Subject: Iowa City Police Budget **This email originated outside of the City of Iowa City email system.Please take extra UAW ening any links or attachments. ** Hello, my name is Theresa Nilles. I have a brother who attends the University of Iowa. I am against the funding of the Iowa City police.This would take away$1.7 million of Iowa City's revenue, which could be used for many other things that would benefit and be approved of by all, if not a majority, of the community.As recent events have proved, people of color are in danger when the police force gain funds. Some new practices have been implemented in some areas to eliminate these things happening, but that can't guarantee that everything will be stopped. Raising the budget of the police also doesn't mean that more crime will be stopped, nor does the size of the force. I am not a resident of Iowa City, but I will help my fellow Iowans in the best way that I can. Thank you for your time and efforts. Theresa N t Ashley Platz From: Caitlin Savage <caitsarah@gmail.com> Sent: Monday, April 3, 2023 9:51 PM To: *City Council Late Handouts Distributed Subject: Vote YES on budget amendment (Date) RISK **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Dear City Council Members, Although I recently moved from Iowa City to Cedar Rapids, I am still a proud supporter of the IC community and have many friends who live in the area. I care deeply about the Iowa City community and was proud to call it my home, and for that reason I am writing to express my support for the proposed amendment to the city's 2024 budget, which would shift $1.6 million from the police department to other community safety resources. This amendment would provide much-needed funding for housing, health care, food security, parks and outdoor spaces, employment support, and neighborhood resources—all of which are critical to ensuring that Iowa City is a safe and thriving community. Although I support the Iowa City police department, there are better uses of this money to keep the community safe and healthy. Iowa City can do better, and I ask you to start by voting yes on this proposed amendment. Sincerely, Caitlin Savage 212 5th Ave SW, Cedar Rapids i Ashley Platz _ b From: Justin K Comer <justinkcomer@gmail.com> Sent: Monday, April 3, 2023 11:43 PM Late Handouts Distributed To: *City Council Subject: for your budget meeting on April 4th O4(— Oq 2 7 (Date) RISK **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** I would like to reiterate my support for Councilor Bergus's plan to invest in real public safety measures. I think the Iowa City Police Department has proven that there are better ways this city can spend its money. Thank you, Justin K Comer 1 Ashley Platz From: Flannery Currin <flannery.currin@gmail.com> Sent: Tuesday, April 4, 2023 8:15 AM To: *City Council Late Handouts Distributed Subject: Police Budget FY 2024 014 -0 6-4 - 2. 3 (Date) RISH **This email originated outside of the City of Iowa City email system.Please take extra care opening any links or attachments. ** Dear City Council, I am a Coralville resident, a graduate student at the University of Iowa, and a former trainee in the Iowa Leadership and Education in Neurodevelopmental Disabilities(LEND) program. I am also the sister of a man with Down syndrome. I wanted to express my support for Councilor Bergus' proposed amendment to the police budget for FY 2024. Last year, as a LEND trainee, I was part of an interdisciplinary team researching intersectional issues of mental health, disability, and incarceration.As a member of that team, I helped dig into the research on Crisis Intervention Training (CIT), which police officers in Coralville and Iowa City receive. While police officers support CIT and believe it is useful to know about alternative social services to call in response to crisis situations,the effectiveness of this training is limited when those alternative social services are underfunded and understaffed and the public does not know who to call other than police. Because of this, research shows CIT does not reduce police use of force. CIT cannot be effective until robust, trusted community services are prioritized. I want to thank Councilor Bergus for pressing this issue and urge the City Council to consider, adopt,or adapt other models of crisis intervention. For example,the CAHOOTS program in Eugene, Oregon has helped divert calls away from police since 1989. Sincerely, Flannery Currin t Ashley Platz From: Daly, Daniel l <dan-daly@uiowa.edu> Sent: Tuesday,April 4, 2023 8:20 AM Late Handouts Distributed To• *City Council Subject: Budget ( Li- bt-1- 23 (Date) RI$li **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. *' Councilors, Please support the proposed shifting of our funding from armed policing to deescalating interventions. Thank you for your service. Dan Daly 2325 Mayfield Road Iowa City IA 52245-4815 1 Ashley Platz From: Isabel Hogg <hogg.isabel@gmail.com> Sent: Tuesday, April 4, 2023 8:50 AM To: *City Council Late Handouts Distributed Subject: Iowa City Budget Ammendment- vote YES 0Ll-O4 -23 (Date) RISY( **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** City council members, I am writing to express the strongest possible support for the proposed amendment to the city's 2024 budget, which would shift$1.6 million from the police department to other community safety resources. This amendment would provide much-needed funding for housing, health care, food security, parks and outdoor spaces, employment support, and neighborhood resources—all of which are critical to ensuring that Iowa City is a safe and thriving community. All available data shows first, that the Iowa City police department doesn't need this money; and second, that the community doesn't need the police. In fact, far from keeping communities safe, policing is a public health crisis. Iowa City can do better, and I ask you to start by voting yes on this proposed amendment. Sincerely, Isabel Hogg Isabel Hogg (she/her/hers) 1 Ashley Platz l From: Zachary Morris <zmorris1923@gmail.com> Sent: Tuesday, April 4, 2023 11:08 AM To: *City Council Late Handouts Distributed Subject: Budget 0L4- 0(4 - 23 (Date) **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Hello Council members, My name is Zachary Morris. I live in Iowa City and I wanted to let you know of my outrage at your hypocrisy.You claim to want to protect trans rights,you might attend rallies for them, and yet you go and add an additional million dollars to a police system which is continually hurting and oppressive queer people. With Kim Reynolds signing into law the new anti-trans legislation,we must not allow for the police or sheriff's department to enforce these laws. I call upon you to both spend those million dollars on more just causes which will put money and interest back into the community,while also calling out Kim Reynolds and the state Legislators for their hatred of queer and trans youth. I hope to hear a refusal on your end to adhere to her unconstitutional and disgusting laws. You disappoint me. Do better. Zachary Morris t Ashley Platz l From: Tom Carsner <carsner@mchsi.com> Sent: Tuesday,April 4, 2023 11:19 AM Late Handouts Distributed To: *City Council Subject: YES on budget amendment **This email originated outside of the City of Iowa City email system. Please take ext a)opening any links or attachments. ** Iowa City needs to take significant steps to define safety in a manner other than more policing.The budget amendment helps Iowa City start to look at a broader definition of safety as more and better resources to make our social safety net stronger. I urge you to vote YES on the budget amendment being offered tonight,April 4, 2023. Tom Carsner Iowa City,lowa 52245 t Ashley Platz From: raniwashere <raniwashere@gmail.com> Sent: Tuesday, April 4, 2023 11:34 AM Late Handouts Distributed To: *City Council Subject: Budget amendment 0L1- 0L1-23 t (Date) ftlsx **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** To whom it may concern, I am writing this email to urge the members of the Iowa City council to vote YES on Laura Bergus's proposed budget amendment. Directing funds to the public good will improve the the conditions of our city, and the quality of life for those who would benefit from this amendment. All the best, Rani Simawe Sent from my Verizon,Samsung Galaxy smartphone 1 Ashley Platz I I - IJ From: Iowa City DSA <exec@ iowacitydsa.org> Sent: Thursday, March 30, 2023 7:15 PM Late Handouts Distributed To: *City Council Subject: Chapter Letter to City Council regarding budget Attachments: Letter_to_the_City_Council_about_police_budget.pdf ON - Oq — -2--S (Date) Your attachments have been security checked by Mimecast Attachment Protection. Files where no threat or malware was detected are attached. Hello Iowa City Councilmembers, I am sending this letter on behalf of the Iowa City Democratic Socialists of America. Our membership drafted and approved this letter through a democratic process so that we know we are best representing chapter-wide sentiments, Thanks for taking the time to read this and considering our viewpoints! Audrey Keith Chair Iowa City DSA 1 Iowa City - Democratic ALJ, Socialists of America Dear Iowa City City Council Members, The Council's 2023 budget has the potential to demonstrate that Iowa City is a welcoming, inclusive, and progressive city that is invested in all of its residents. The more than 200 members of the Iowa City Democratic Socialists of America demand that the Iowa City Council dramatically reduce the city's police budget to reinvest in community support, community safety, and a system built on mutual wellbeing, thus working toward the abolition of the punitive, repressive policing system. Policing and the punishment bureaucracy it supports are inextricable from the long, ongoing history of white supremacy, from slave patrols to the disproportionate policing of Black and brown communities. We make this demand to begin addressing these injustices. The working class of Iowa City are under assault by the wealthy elite and a radical, right-wing government. They have committed to overturning child labor laws, outlawing reproductive and gender-affirming healthcare, destroying public education, and using the police and punishment bureaucracy to further Iowa's descent into a backwards, draconian state. These dangerous new laws coupled with overwhelming inflation and stagnant wages have placed Iowa City's working class on the chopping block, especially those most affected by the policing system: Black, Indigenous, people of color, trans, houseless, disabled, and other marginalized members of our class. In 2020, the city council expressed its desire for a "reduction of the public's reliance on police in non-violent situations through the use of unarmed professionals" (Resolution No. 20-159). The council recognized that policing is not a tool for all problems. Since that time, we've seen a number of initiatives aimed at fulfilling parts of this promise come from the council. These initiatives don't go far enough in eliminating the use of coercive state violence against our community. It is possible, feasible, and necessary to do more, to expand non-violent crisis response options, and to provide more resources to ensure people are able to meet their basic needs of housing, healthcare, utilities, food, and transit. Iowa City - Democratic ID Socialists of America We need to immediately invest in our community to secure the wellbeing of everyone in Iowa City. Spending more public money on police, guns, tear gas, and tasers will only exacerbate the challenges that we are facing. When the state government outlaws abortions, it will be the Iowa City Police Department enforcing that law. The Iowa City Police Department will be standing behind the threat of force to ensure that trans kids cannot receive life-saving healthcare that they need. Iowa City Police Department officers are already required by the state government to enforce minor marijauna- related offenses even if the city wanted to direct them to deprioritize enforcement instead. The statehouse already banned our municipal control over the commitment of local resources to enforcing federal immigration law. The state is trying to force the city's hand with how we choose to achieve public safety and well-being. Instead, let us remind you that every dollar put towards policing is a dollar stolen from those who need healthcare and those who need housing, and an endorsement of the worst abuses of rising, right-wing fascism. The Iowa City Democratic Socialists stand together and in solidarity with our community to demand that the Iowa City Council reinvest public money where it is needed now—public education, public health, housing, safety, transportation, and accessibility—by immediately reducing funding to the police department. The current level of public money put into policing is unconscionable, and any increase in funding for the police would be nothing less than a declaration of contempt for our city's working class. Signed, The Iowa City Democratic Socialists of America Ashley Platz , From: Hannah Zadeh <hzadehl7@gmail.com> Sent: Tuesday,April 4, 2023 12:08 PM Late Handouts Distributed To: *City Council Subject: Vote yes on budget amendment 0u- au - Z3 (Date) RISK **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments.** Dear City Council: I am writing to express the strongest possible support for the proposed amendment to the city's 2024 budget, which would shift $1.6 million from the police department to other community safety resources. This amendment would provide much-needed funding for housing, health care, food security, parks and outdoor spaces, employment support, and neighborhood resources—all of which are critical to ensuring that Iowa City is a safe and thriving community. All available data shows first, that the Iowa City police department doesn't need this money; and second, that the community doesn't need the police. In fact, far from keeping communities safe, policing is a public health crisis. Iowa City can do better, and I ask you to start by voting yes on this proposed amendment. Thank you, Hannah t Ashley Platz t (AD From: Kippes, Izzy L aizzy-kippes@uiowa.edu> Sent: Tuesday, April 4, 2023 12:29 PM bate Handouts Distributed To: *City Council Subject: Please do not raise the ICPD budget aLY- dN 2 (Date) R 1515 **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Hello, I am a concerned citizen of Iowa City and a researcher at UIHC. I wanted to express to the city council my support for Councilor Laura Burgos's initiative to decrease the ICPD's budget and spread those funds to alternative resources for community resources and support.An increase in police budget is irrational when safety issues are often worsened by the presence of an armed law enforcement officer. Please consider backing Councilor Burgus and freezing the already bloated police budget. Thank you, Izzy Kippes Clinical Trials Research Assistant I Holden Comprehensive Cancer Center University of Iowa Hospitals and Clinics 200 Hawkins Dr.11510 PFP Research I Iowa City,Iowa 52242 Izzy-kiaoes6puiawa.edu J 319-467-5832 L UNiVERSITYoi IOWA HOLDEN COMPREHENSIVE Ncl CANCERCENTER nn mty.0l IIUPh cam t Ashley Platz ( 1 1O From: DENISE CHEVALIER <DACHEVALIER@msn.com> Sent: Tuesday, April 4, 2023 12:35 PM Late Handouts Distributed To: *City Council Subject: I am asking the City Council to support the following budget proposal ng- air- 2� (Date) RiSFi **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Dear Council Members: I am asking the City Council to support the proposal to shift a budget increase for the police department to "strategic initiatives and regional collaborations to improve safety" as described in Councilwoman Bergus' thorough and compelling backgrounder to her proposal. Sincerely, Denise Chevalier 1124 Rochester Avenue Iowa City, IA 52245 i Ashley Platz From: DD <daniel.daphney@gmail.com> Sent: Tuesday, April 4, 2023 12:39 PM Late Handouts Distributed To: *City Council Subject: A New Approach to Public Safety C)LA -()U- 2 `Z� (Date) RISH **This email originated outside of the City of Iowa City email system.Please take extra care opening any links or attachments. ** Good afternoon, I am reaching out to you about Iowa City Council member Laura Bergus' proposal to reduce and diversify the spending on public safety. I have lived, off-and-on, in Iowa City for several years. In that time, I have come to learn that Iowa City equates public safety with its police department. It is a narrow view.As a result, Iowa City continues to flood the police department with money even at a time when many cities have embraced a holistic approach to public safety. In 1989 Eugene, Oregon established the Crisis Assistance Helping Out On The Streets(CAHOOTS) program (htti3s://www.eugene- or.gov/4508/CAHOOTS). Over three decades later CAHOOTS has become a model of diversified public safety adopted by numerous cities across the country. Police departments of all sizes have adopted ways to bring the "public" back into public safety by creating programs like NYC's Neigh borhoodStat(https://map.citvofnewyork.us/neighborhood-stat strengthening neighborhood associations, and establishing bike patrols in neighborhoods (https://www,omp.pov/ncirs/virtual-library/abstracts/bicycle-patrol-community-policing-alternative). Iowa City has none of that...yet. Even a quarter of the$1 million could be used to establish a program in Iowa City similar to CAHOOTS or Neigh borhoodStat. Another quarter could be used to establish bike patrols, on making parks and paths safer, and establishing more community associations. It is an exciting time to explore public safety beyond law enforcement. Iowa City just needs to take a first step. One of the best and bravest men I have ever known was my late godbrother. He was a police officer until he died tragically in 2015. 1 am not a proponent of defunding the police because communities like Iowa City desperately need more police officers like Richard Jean-Georges. Instead, I am a proponent of holistic public safety which puts the public and the police on the same side.The way to achieve such a goal is to invest in strengthening the community and the community's role in public safety. I truly hope you, as a member of Iowa City's City Council, can help the city take its first step in broadening what public safety means to us. t Ashley Platz From: DD <daniel.daphney@gmail.com> Sent: Tuesday, April 4, 2023 12:44 PM To: *City Council Late Handouts Distributed Subject: Fwd:Auto Response from City Council of Iowa City mailbox OSI - OC4 -2 3 (Date) RISK **This email originated outside of the City of Iowa City email system.Please take extra care opening any links or attachments. ** Good afternoon, I forgot to provide my full name and wish to remedy that. My name is Daphney Daniel. I reside in Iowa City, IA. ---------- Forwarded message--------- From:CouncilUser<Council-@Iowa-citv.ors> Date:Tue,Apr 4, 2023 at 12:39 PM Subject:Auto Response from City Council of Iowa City mailbox To: DD<daniel.daphney@gmail.ccm> Thank you for contacting the City of Iowa City, City Council. All City Councilors have received your email and greatly appreciate your input. State of Iowa laws prohibit the City Council from responding to emails as a group. Depending on the nature of your email, you may receive an individual reply from a Council Member or from City staff. Thank you again for your interest in Iowa City government. Disclaimer The information contained in this con•—a^kation. From the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it, C you are rot the recipient; you are hereby notified that any disclosure, copying, u,stribution or taking action in relation of the contents of this in`ormation is strictly prohibited and may be unlawful. 1 Ashley Platz ! ' From: Maeve Biscupski <maeve.biscupski@pm.me> Sent: Tuesday, April 4, 2023 12:51 PM Late Handouts Distributed To: *City Council Subject: Support for Councilor Bergus'decreased ICPD budget �Ll — Ot-{—'z `-j f (Date) R]SH **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. '* Hi, I am emailing in support of Laura Bergus' initiative to decrease the ICPD budget. Increased police force and staffing will be detrimental to the community. Maeve Biscupski (she/they)-mobile message 1 Ashley Platz l .� From: Emily Edwards <emilyedwards2015@gmail.com5 Sent: Tuesday,April 4, 2023 1:14 PM To: *City Council Late Handouts Distributed Subject: Advocating for Laura Burgus' Initiative (Date) RISK **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments.** Greetings, I am emailing today because I am unable to attend today's meeting due to a class.As a resident of Iowa City, IA I want to advocate for Laura Burgus' Initiative in decreasing the ICPD budget and for investing in alternative resources for community safety and support. I do not agree with the way the city has been allocating budget for the ICPD and strongly urge the council to freeze the budget and reassess the needs of humans residing in Iowa City. The influx in the ICPD budget for this year is not necessary and I believe a great portion of funding should be allocated towards a new plan to address public safety and support. Thank you for your time in reading my message. Best, Emily Edwards t Ashley Platz From: Devyn Hall <devynhall13@gmail.com> Sent: Tuesday,April 4, 2023 1:26 PM Late Handouts Distributed To: *City Council Subject: ICPD Budget (Date) RISH **This email originated outside of the City of Iowa City email system.Please take extra care opening any links or attachments.** Council Members, Please do not vote to increase the ICPD budget.The additional $1million dollars proposed could better serve our community in the areas of housing, mental health care,and food access.This money could go to places like Community, who are already doing great work to keep our people safe and divert folks from unnecessary incarceration, as well as making sure our people are fed.This money could also be used to provide initiative to affordable housing projects. I urge you to focus on prevention. I support Bergus' stance on the ICPD budget,and I'm asking that you do too. Devyn Hall 1 Ashley Platz k V---> From: Temple Hiatt <templehiatt@yahoo.com> Sent: Tuesday, April 4, 2023 1:34 PM To: *City Council Late Handouts Distributed Subject: Vote YES C)14- oy - 2- (Date) (Date) RISK **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. **Councilors, I am writing to encourage you to vote YES on the budget amendment that would reallocate $1.6 million in police department funding to community safety resources. The highest rate of gun violence in Iowa is suicide by gun. Gun suicides and suicide attempts in Iowa cost every resident $1,042 per year. As a volunteer with Moms Demand Action, I have shared many times that gun violence prevention is a multifaceted effort, one that cannot be solely facilitated by the police. Access to housing,food, mental health services are prevention efforts as well as supporting non-profits like Dream City and UAY. We will also need to partner with Johnson County's group violence intervention program. Please also keep in mind that we can support our schools and the community by promoting the besmartforkids.org program,encouraging secure storage and responsible gun ownership. All of these efforts will need funding. Please vote yes on the budget amendment that would reallocate $1.6 million in police department funding to community safety resources. Sincerely, Temple Hiatt Iowa City, IA 1 Ashley Platz l From: Annalicia Garnica <garnica.annalicia@gmail.com> Sent: Tuesday, April 4, 2023 1:39 PM To: *City Council Late Handouts Distributed 6(4 Cit - 23 R>SK (Date) **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Greetings, I am emailing today because I am unable to attend today's meeting due to a work.As a resident of Iowa City, IA I want to advocate for Laura Burgus' Initiative in decreasing the ICPD budget and for investing in alternative resources for community safety and support. I do not agree with the way the city has been allocating budget for the ICPD and strongly urge the council to freeze the budget and reassess the needs of humans residing in Iowa City. The influx in the ICPD budget for this year is not necessary and I believe a great portion of funding should be allocated towards a new plan to address public safety and support. Thank you for your time in reading my message. Best, Annalicia Garnica 1 Ashley Platz From: Cogs UE Local 896 <cogsunion@gmail.com> Sent: Tuesday,April 4, 2023 1:49 PM To: *City Council Late Handouts Distributed Subject: UE Local 896 Vote Yes on Bergus Amendment OH- awl - '2'3 n (Date) RISH **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. **To whom it may concern, Please see the linked letter to the members of Iowa City Council on behalf of the Coordinating Committee of COGS UE Local 896 regarding tonight's vote on the budget. 1 us ��SLEC 896 O - CdGS U.E. Local 896 2 o Campaign to Organize bx' The University Works Graduate Students BECAUSE WE DO �004ftomtop April 4th, 2023 To the Council Members of the Iowa City City Council, We,the democratically elected leadership of UE Local 896 (COGS),write to you in unequivocal support of Council Member Bergus' amendment to the proposed budget for the Iowa City Police Department. Furthermore,we denounce any city budget proposal that would increase funding for ICPD as antithetical to the labor movement and oppositional to the advancement of working people the world over. The police are not working class and they are not allies to working people. As several of you are former COGS members yourselves, we are sure that you recall the efforts of our early organizers to ensure that racial and social justice would be dual foundations in our fight for economic rights and democracy as graduate workers at the University of Iowa. That fight continues today. Our members took to the streets in support of the Iowa Freedom Riders and Black Lives Matter movements here in Iowa City. Our members voted for you so that you will fulfill your campaign promises to fight for racial and economicjustice in our city. And our members are watching you now to see how you will act as stewards of our public funds. Regardless of whether you had the pleasure of being a COGS member in the past or not, we implore all members of the city council to follow Councilmember Bergus' brave lead-Invest in the People,Not the Police! In Solidarity, UE Local 896/COGS Coordinating Committee Ashley Platz .b From: Tricia Zebrowski <triciaze1browski55@gmail.com> Sent: Tuesday, April 4, 2023 2:05 PM To: *City Council Late Handouts Distributed 0(A- 0(4 —'23 RISK (Date) **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Dear Council Members, Please step up for our community and vote YES on the budget amendment to reallocate$1.6 million in police department funding to community safety resources. The highest rate of gun violence in Iowa is suicide by gun. Gun suicides and suicide attempts in Iowa cost every resident$1,042 per year. As a volunteer with Moms Demand Action,I have shared many times that gun violence prevention is a multifaceted effort, one that cannot be solely facilitated by the police. In our community and in fact around the world, access to housing, food, safe schools and both physical and mental health services are essential to the prevention of violence. Non-profit organizations such as Dream City, UAY and Johnson County's group violence intervention program are on the front lines of this effort and could do so much more with financial support from the city and county. Please also keep in mind that we can support our schools and the community by promoting the bQsmartforkids.org program,encouraging secure gun storage and responsible gun ownership. All of these efforts will need funding. Please vote yes on the budget amendment that would reallocate$1.6 million in police department funding to community safety resources. Sincerely, Tricia Zebrowski Iowa City, Iowa t Ashley Platz o 'b From: Angela Joy cajw472@gmail.com> Sent: Tuesday,April 4, 2023 2:09 PM To: *City Council Late Handouts Distributed Subject: Iowa City Community Safety du - 041 -- 2'3 (Date) RISK **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** I write today to agree wholeheartedly with Laura Bergus' essay of February 20, 2023 titled, "Investing in Community Safety". Her points are well-explained and backed up by the data that show why Iowa City should not allocate the over $955,000 increase to the police budget and should instead invest it in prioritizing community programs that will actually support the community. One aspect of our city that was not identified in Bergus' essay was the fact that our population is aging and will need increased services. In July 2022 Bob Untiedt executive director of TRAll.of Johnson County said the population growth of people 65 and older in Johnson County is faster than any other age group.The Senior Center building and services will need increased funding to meet the needs of this increasing population,and the$955,000 would be much better allocated to include programs like this one. Sincerely, Angela Ward t Ashley Platz ` From: Karen G <krngre@hotmail.com> Sent: Tuesday, April 4, 2023 2:48 PM To: *City Council Late Handouts t)iS[ItltUtC Subject: Budgeting vote (N (Date) RISi( **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** I am writing to request that the$1.6 million in police funding be directed to community safety resources. There is a high rate of suicide in Iowa. Access to food, housing and mental health services are prevention services as well as supporting nonprofits like Dream City and United Action for Youth. We can also support schools and the community by promoting the besmartforkids.org program, encouraging safe storage and responsible gun ownership. All these efforts need funding. Please vote yes on the budget amendment that would reallocate $1.6 million in police department funding to community safety resources. Sincerely, Karen Greenleaf Iowa City Sent from my Verizon, Samsung Galaxy smartphone Get Outlook for Android t Prepared by: Nicole Davies, Finance Director,410 E.Washington St., Iowa City, IA 52240;319-356-5085 Resolution No. 23-108 Resolution adopting the annual budget for the fiscal year ending June 30, 2024. Whereas, a public hearing on the proposed budget for the fiscal year ending June 30, 2024 was held on April 4, 2023, at a regularly scheduled City Council meeting and public comments were received. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The annual budget for the fiscal year ending June 30, 2024, as set forth in the Adoption of Budget and Certification of Taxes and on the Adopted Budget Summary, together with the detailed budget in support thereof showing revenue estimates, appropriation expenditures, and program allocations for said fiscal year should be and hereby is adopted. 2. The City Clerk is hereby directed to make the filings required by law, and to set up the books in accordance with the summary and details, as adopted. Passed and approved this 4th day of April , 2023. a r V rL-- Approved by Attest: t� ..e Ci y Clerk City Attorney' O ice—03/27/2023 • It was moved by Thomas and seconded by Alter the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Alter x Bergus x Dunn x Harmsen x Taylor x Teague x Thomas 4/6/23,9:20 AM Local Government Property Valuation System FISCAL YEAR JULY 1,2023-JUNE 30,2024 ADOPTION OF BUDGET AND CERTIFICATION OF CITY TAXES The City of: IOWA CITY County Name: JOHNSON COUNTY Adopted On:4/4/2023 Resolution:23-108 The below-signed certifies that the City Council,on the date stated above,lawfully approved the named resolution adopting a budget for next fiscal year,as summarized on this and the supporting pages. With Gas&Electric Without Gas&Electric Regular 2a 4,224,610,736 2b 4,181,109,018 City Number:52-483 DEBT SERVICE 3a - 4,358,770,593 3b 4,315,268,875 Last Official Census:74,828 Ag Land - 4a 1,512,444 • TAXES LEVIED ENTER FIRE Dollar Request with Utility Property Purpose Limit DISTRICT RATE Replacement Taxes Levied Rate BELOW Regular General levy 8.10000 5 34,219,347 33,866,983 43 8.10000 Non-Voted Other Permissible Levies • Contract for use of Bridge 0.67500 6 0 44 0.00000 Opr&Maint publicly owned Transit 0.95000 . 7 4,013,380 3,972,054 45 0.95000 Rent,Ins.Maint of Civic-Center AmtNec 8 0 46 0.00000 Opr&Maint of City owned Civic Center 0.13500 9 0 47 0.00000 Planning a Sanitary Disposal Project 0.06750 10 0 48 0.00000 Aviation Authority(under sec.330A.15) 0.27000 11 • 0 49 0.00000 Levee Impr.fund in special charter city 0.16750 13 0 51 0.00000 Liability,property&self insurance costs Amt Nec 14 1,226,996 1,214,361 52 0.29044 Support of a Local Emerg.Mgmt.Comm. Amt Nec 462 0 465 0.00000 Voted Other Permissible Levies InstrumentalNocal Music Groups 0.13500 15 0 53 0.00000 Memorial Building 0.81000 16 0 54 0.00000 Symphony Orchestra 0.13500 17 0 55 0.00000 Cultural&Scientific Facilities 0.27000 18 0 56 0.00000 County Bridge As Voted 19 0 57 0.00000 Missi or Missouri River Bridge Const. 1.35000 20 0 58 0.00000 Aid to a Transit Company 0.03375 21 0 59 0.00000 Maintain Institution received by gift/devise 0.20500 22 0 60 0.00000 City Emergency Medical District 1.00000 463 . 0 466 0.00000 Support Public Library 0.27000 23 1,140,645 1,128,899 61 0.27000 Unified Law Enforcement 1.50000 24 0 62 0.00000 Total General Fund Regular Levies(5 thru 24) 25 - 40,600,368 40,182,297 Ag Land 3.00375 26 4,543 4,543 63 3.00375 Total General Fund Tax Levies(25+26) 27 40,604,911 40,186,840 Special Revenue Levies Emergency(if general fund at levy limit) 0.27000 28 844,925 836,222 64 0.20000 Police&Fire Retirement Amt Nec • 29 3,963,530 3,922,716 0.93820 FICA&IPERS(if general fund at levy limit) Amt Nec 30 3,849,085 3,809,450 0.91111 Other Employee Benefits Amt Nec 31 6,315,117 6,250,089 1.49484 Total Employee Benefit Levies(29,30,31) 32 14,127,732 13,982,255 65 3.34415 Sub Total Special Revenue Levies(28+32) 33 14,972,657 14,818,477 As Reg With Gas&Elec Without Gas& Valuation Elec Valuation SSMID 1 202,212,846 202,212,846 34 505,533 505,532 66 2.50000 SSMID 2 21,334,619 21,334,619 35 106,673 106,673 67 5.00000 SSMID 3 • 0 0 36 0 68 0.00000 SSMID 4 0 0 37 0 69 0.00000 SSMID 5 0 0 555 0 565 0.00000 SSMID 6 0 0 556 0 566 0.00000 SSMID 7 0 0 1177 0 1179 0.00000 SSMID 8 0 0 1185 0 1187 0.00000 Total Special Revenue Levies , 39 15,584,863 15,430,682 Debt Service Levy 76.10(6) Amt Nec 40 10,803,039 10,695,221 70 2.47846 Capital Projects(Capital Improv.Reserve) 0.67500 41 0 71 0.00000 Total Property Taxes(27+39+40+41) 42 66,992,813 66,312,743 72 15.63305 /717/-2----: (Signal e) (Date) OH SON Cu.k ?IALvAudito ate APR 06 2023 j mot/, , . https://dom-localgov.iowa.gov/budget-renderer?id=14282 �c/Awe 1/20 Item Number: 11.c. CITY OF IOWA CITY COUNCIL ACTION REPORT April 4, 2023 Resolution approving the three-year Financial Plan for the City of Iowa City, Iowa, and the five- year Capital Improvement Plan. Prepared By: Nicole Davies, Finance Director Reviewed By: Geoff Fruin, City Manager Fiscal Impact: See Memo Below Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Financial Plan Adoption Resolution.doc Executive Summary: On April 4, 2023, two public hearings are being held: one hearing will be held to take public input on the proposed amendment of the fiscal year 2023 (FY2023) budget, and one hearing will be held to take public input on the proposed fiscal year 2024 (FY2024) budget. Following the first public hearing, a resolution to amend the FY2023 Operating Budget will be considered. Following the second public hearing, a resolution to adopt the FY2024 Operating Budget and a resolution to approve the FY2023-2025 Financial Plan and 2023-2027 Capital Improvement Plan document will be considered. The FY2024 adopted budget must be certified by the Johnson County Auditor's office by April 30, 2023. Background /Analysis: The FY2023-2025 Financial Plan and 2023-2027 Capital Improvement Plan document was made available to City Council and the general public in December 2022. This document included the proposed FY2023 amended budget and the proposed FY2024 budget. This document detailed the proposed and amended budgets as submitted by the City Manager following an extensive budget process. The City Council held public work sessions in January and February 2023 to review and discuss the FY2023-2025 Financial Plan and 2023-2027 Capital Improvement Plan document. During these budget work sessions, the City Manager and the department directors presented their budget proposals and responded to questions from the City Council. The City Council also clarified and refined their budget priorities during these work sessions. The Resolutions to amend the FY2023 Budget and to adopt the FY2024 Budget and related schedules represent the programs and details that were included in the FY2023-2025 Financial Plan and 2023-2027 Capital Improvement Plan document. The Resolutions and related schedules also include any subsequent changes as directed by the City Council as well as corrections and adjustments identified by City staff. The related schedules for the FY2023 Amended Budget and the FY2024 Budget were made available to the public on March 21, 2023 and the Notices of Public Hearing for both were published on March 23, 2023, in accordance with state law to allow for public input. Financial Impact: Fiscal Year 2024 Proposed Budget On December 23, 2022, the FY2023-2025 Financial Plan and 2023-2027 Capital Improvement Plan document was delivered to the City Council and made available to the general public. Since that time, changes and adjustments were made by City Council and by City staff to the proposed FY2024 budget. The changes to the FY2024 budget are summarized as follows: Final property tax revenue calculations including gas & electric excise taxes and property tax backfill payments: ($1,097,958) General Fund revenue ($ 382,057) Employee Benefits Fund revenue ($ 22,849) Emergency Levy Fund revenue ($ 108,534) Transit Fund revenue ($ 285,578) Debt Service Fund revenue ($1,896,976) Total revenue impact Transfers Out of the General Fund and Transfers Into the Transit Fund were reduced by $108,534. SSMID revenues and expenses increased in the amount of$85,399. Addition of 2.5 FTEs (1 FTE Grants Manager, 1 FTE Human Rights Engagement Specialist & .5 FTE Outreach & Engagement Specialist) increased General Fund expenses by $273,096. 2.25 Mass Transit Operator FTEs were approved in August 2022 but were not included in the draft budget increased both revenues and expenses $189,639 in the Transit Fund. The final proposed property tax levy rate for FY2024 is $15.633 per $1 ,000 of taxable valuation; this is unchanged from the proposed levy rate presented in December. The FY2024 levy rate did not change from the FY2023 levy rate. From fiscal years 2013 to 2023, the City's property tax levy rate was decreased for eleven consecutive years by a total of $2.21 or 12.38%. Prepared by: Nicole Davies, Finance Director, 410 E.Washington St., Iowa City, IA 52240;319-356-5085 Resolution No. 23-109 Resolution approving the three-year Financial Plan for the City of Iowa City, Iowa, and the five-year Capital Improvement Plan. Whereas, the City Council of the City of Iowa City deems it in the public interest and in the interest of good and efficient government for the City of Iowa City, Iowa, to adopt a three-year Financial Plan for operations and a five-year Capital Improvement Plan budget; and Whereas, the three-year Financial Plan and multi-year Capital Improvement Plan are subject to annual review and revisions; and Whereas, a public hearing was held on April 4, 2023, at a regularly scheduled City Council meeting and public comments were received. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The City Council of the City of Iowa City does hereby adopt the three-year Financial Plan for the Fiscal Years 2023 through 2025 and the five-year Capital Improvement Plan 2023 - 2027. 2. This Resolution is an expression of the Council's legislative intent for planning future operation and capital improvements for the City of Iowa City, Iowa; and the anticipated means of financing said plan, subject to applicable laws. Passed and approved this 4th day of April , 2023. Maya Approved by: Attest: %.=p 19) . - u.&c. City Clerk 0 City Attorne s Office-03/22/2023 Resolution 23-109 Page 2 It was moved by Farmer and seconded by Alter the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Alter x Bergus x Dunn x Harmsen x Taylor x Teague x Thomas Item Number: 11.d. CITY OF IOWA CITY COUNCIL ACTION REPORT April 4, 2023 Resolution approving project manual and estimate of cost for the construction of the 2023 Water Pavement Patching Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Prepared By: Marri Van Dyke, Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $215,000 available in the Water Division Operating Budget, account#73730130 Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Resolution Executive Summary: This project includes pavement repairs associated with water main breaks on various streets throughout Iowa City. Types of pavement that need repaired include Portland Cement Concrete (PCC), PCC with Hot Mix Asphalt (HMA) overlay, and full depth HMA. Some locations will also require the removal and replacement of driveway, sidewalk, and/or curb and gutter. Background /Analysis: On average, there are approximately 60 water main breaks in Iowa City each year. Street and sidewalk pavement typically needs to be replaced following water main repairs. With limited resources and the emergency nature of the pavement repairs, the City combines the pavement repairs at multiple main break sites into a single project to more efficiently address pavement damage resulting from water main breaks. As additional main breaks occur later this year, those sites will also be added to this project for repair. Project Timeline: Bid Letting —April 26, 2023 Award Date — May 10, 2023 Construction — May to November 2023 Prepared by:Marr VanDyke,Engineering Division,410 E.Washington St.,Iowa City, IA 52240,(319)356-5044 Resolution No. 23-110 Resolution approving project manual and estimate of cost for the construction of the 2023 Water Pavement Patching Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders,, and fixing time and place for receipt of bids. Whereas, notice of public hearing on the project manual and estimate of cost for the above- named project was published as required by law, and the hearing thereon held; and Whereas, the City Engineer or designee intends to post notice of the project on the website owned and maintained by the City of Iowa City; and Whereas, funds for this project are available in the Water Divisions Operating Budget account #73730130. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: 1. The project manual and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to post notice as required in Section 26.3, not less than 13 days and not more than 45 days before the date of the bid letting, which may be satisfied by timely posting notice on the Construction Update Network, operated by the Master Builder of Iowa, and the Iowa League of Cities website. 4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 3:00 p.m. on the 25th day of April, 2023. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 6:00 p.m. on the 10th day of May, 2023, or at a special meeting called for that purpose. Passed and approved this 4th day of April , 2023. May; / Approved by Attest: 1' - 1J/ ZZ, City lerk City Attorn 's Office (Sara Hektoen-03/29/2023) Resolution No. 23-110 Page 2 It was moved by Bergus and seconded by Taylor the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Alter x Bergus x Dunn x Harmsen x Taylor x Teague x Thomas Item Number: 11.e. CITY OF IOWA CITY COUNCIL ACTION REPORT April 4, 2023 Resolution approving project manual and estimate of cost for the construction of the Riverside Drive Pedestrian Improvements Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Prepared By: Scott Sovers, Asst. City Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: Estimated cost of construction is $520,000, available in the Myrtle/Riverside Intersection Signal account#S3933 Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Location Map Project Overview Resolution Executive Summary: This project generally includes the installation of sidewalk on the west side of Riverside Drive under the Iowa Interstate Railroad Bridge, as well as the installation of street and pedestrian level lighting and street trees from Benton Street to the Iowa Interstate Railroad. The project also includes upgrades to the Riverside Drive storm sewer and sanitary sewer systems between the Iowa Interstate Railroad and Myrtle Avenue, as necessary to support the future Riverfront West Development. The construction costs associated with these upgrades (estimated at approximately $160,000) will be reimbursed by the Riverfront West Developer, Scannell Properties. Background /Analysis: In 2016, the City finalized a streetscape master plan for the South Riverside Drive Corridor from U.S. Highway 6 to Myrtle Avenue. One of the main guiding principles that came out of the plan was prioritizing pedestrian circulation within the corridor. From the guiding principle, specific corridor objectives were developed, which included: Continue with proposed improvements for a pedestrian underpass along the west side of Riverside Drive at Iowa Interstate Railroad. Considering this objective, the City proceeded with a project to install a pedestrian tunnel through the Iowa Interstate Railroad embankment. During the design development phase, plans were provided to the Iowa Interstate Railroad for review and comment. While they understood the importance of the sidewalk connection across their facility, they were not supportive of the tunnel project, as they were concerned the construction of the tunnel may cause track settlement and potentially increase the chances of a train derailment. Given the importance of the sidewalk connection, key stakeholders including City staff, the Iowa Department of Transportation and the Iowa Interstate Railroad collectively developed the proposed sidewalk design concept that eliminated the need for a tunnel through the railroad embankment. This option, as shown on the attached project overview, includes narrowing Riverside Drive and installation of a 4-foot-wide sidewalk between the west Riverside Drive curb line and the railroad bridge abutment. With the sidewalk being close to the vehicular travel lanes due to the limited space, a proposed concrete barrier between the sidewalk and the street was included to allow safe passage of pedestrians within the width- restricted area. It is also important to note this project will construct the proposed sidewalk from its current terminus south of the Iowa Interstate Railroad to approximately 30 feet north of the Iowa Interstate Railroad. The remaining section of sidewalk from the north end of this project to Myrtle Avenue is planned to be installed as a part of the Riverfront West Development. The developer plans to install a temporary sidewalk at this location to provide connectivity during building construction prior to the completion of the permanent sidewalk. The Riverside Drive Pedestrian Improvements Project is expected to be completed in the fall of 2023. _ N 7 "BURLINGTON ST 7 f _ r rxr;r—r�t �Pie..ilrl. "R,� nuu , is z! � . ® + MYRTLE AVE \ ��jidrli� Il� , ,• , a Tp '3 rca. ell IOWA INTERSTATE PROJECT LOCATION RAILROAD f ` titi ` _ BENTON ST—.. •e � ti r - I . CITY OF IOWA CITY DMSONRING RIVERSIDE DR PEDESTRIAN IMPROVEMENTS I fi >U U H 0 U N H z LU w 0 cr a 2 z a W 0 W a LU 0 W 0 N W Prepared by:Scott Sovers,Engineering Division,410 E.Washington St.,Iowa City,IA 52240,(319)356-5142 Resolution No. 23-111 Resolution approving project manual and estimate of cost for the construction of the Riverside Drive Pedestrian Improvements Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Whereas, notice of public hearing on the project manual and estimate of cost for the above- named project was published as required by law, and the hearing thereon held; and Whereas, the City Engineer or designee intends to post notice of the project on the website owned and maintained by the City of Iowa City; and Whereas, funds for this project are available in the Myrtle/Riverside Intersection Signal account# S3933. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: 1. The project manual and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to post notice as required in Section 26.3, not less than 13 days and not more than 45 days before the date of the bid letting, which may be satisfied by timely posting notice on the Construction Update Network, operated by the Master Builder of Iowa, and the Iowa League of Cities website. 4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 3:00 p.m. on the 25th day of April, 2023. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 6:00 p.m. on the 2nd day of May, 2023, or at a special meeting called for that purpose. Passed and approved this 4th day of April , 2023. Approved= Attest: VIre. ) - je City lerk City Attor ey's Office (Sara Hektoen—03/29/2023) Resolution No. 23-111 Page 2 It was moved by Taylor and seconded by Alter the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Alter x Bergus x Dunn x Harmsen x Taylor x Teague x Thomas Item Number: 11.f. CITY OF IOWA CITY COUNCIL ACTION REPORT April 4, 2023 Resolution Adopting the Racial Equity and Social Justice Grant Allocations for Fiscal Year 2023. Prepared By: Stefanie Bowers, Human Rights Coordinator Reviewed By: Geoff Fruin, City Manager Sue Dulek, Assistant City Attorney Fiscal Impact: $100,000.00 Staff Recommendation: Approval Commission Recommendations: The Human Rights Commission by a 5-0 vote recommends to the City Council the following organizations for funding: Great Plains Action Society, Wright House of Fashion, Neighborhood Centers of Johnson County, Community Crisis Services, Natural Talent Music, AI-Iman Center of Iowa, Center for Worker Justice of Eastern Iowa, and Houses into Homes. Attachments: SJRE resolution 2023 SJRE allocations Exhibit A .pdf Executive Summary: The Human Rights Commission recommends full funding for Great Plains Action Society, Wright House of Fashion, Neighborhood Centers of Johnson County, and partial funding and Community Crisis Service, Natural Talent Music, AI-Iman Center of Iowa, Center for Worker Justice, and Houses into Homes. Background /Analysis: This grant opportunity is available to Iowa City-based organizations, both non and for-profit, with the purpose of encouraging, empowering, and engaging racial equity and social justice initiatives through programs, activities, or services that help eliminate inequities in the Iowa City community.The City Council established the grant in 2017. Programs that address one or more of the six priority service areas receive preference: Building Communities, Criminal Justice, Education, Employment, Health, and Housing.The Human Rights Commission reviews applications and then forwards its recommendations to the City Council for review and approval. Grant requirements: • The organization must be physically located in Iowa City. • The proposal should seek to eliminate inequity in the community (individual, institutional, or structural). • The proposal must be a new project. Exception, organizations previously funded in the last grant cycle may reapply for the same project to be funded for one additional grant cycle. • Governments, public schools, and colleges/universities cannot be primary applicants. • Applicants can request no more than $25,000. • There are no restrictions on whether applicants are for-profit or not-for-profit. Applications were received from December 1, 2022, to January 6, 2023. Twenty submissions were received. A subcommittee of the Commission met on February 23, 2023, to look over the grants, and a formal decision and recommendation was made at the Commission's February meeting date on the 28th. Great Plains Action Society: Great Plains Action Society will partner for the seventh annual, Truthsgiving. A night of truth-telling, music, and laughter celebrating Indigenous culture and history and uplifting the good in Thanksgiving, which is about family, being thankful and celebrating the harvest season. It is also a celebration of Indigenous culture & history and a time, to tell the truth about current issues our community faces. It decreases the erasure and racism that indigenous folks face in Iowa City as well as provides folks with a true understanding of what Thanksgiving is about but does not cancel the idea. Wright House of Fashion: Wright House of Fashion will put together a social justice, racial equity fashion experience called the Big Dream Fashion Festival. The Big Dreams Fashion Festival will offer an entertaining, family-friendly, fun, and diverse community experience. The festival will be an opportunity to foster healthy relationships in the diverse community and promote overall community solidarity. The festival will highlight BIPOC and LGBTQIA+ youth as future leaders in the community. The festival will be an excellent venue for the people of Iowa City to have fun in a safe and entertaining way while learning more about racial and social justice, fashion, and the opportunities available for people who have an interest in pursuing careers in fashion and design. The project includes four weeks of model and designer training before the fashion show. These workshops will provide the training to be a commercial, walkway, editorial, and professional model. Each of the participants from the workshops will participate in the Big Dream Fashion Festival. Neighborhood Centers of Johnson County (NCJC): CommUNITY University (Pilot Program) is a neighborhood-level approach that embodies all three of the Better Together 2030 guiding principles: "REPRESENTATIVE LEADERSHIP to dismantle systemic inequity and deepen a culture of inclusion and belonging COLLABORATION among public, private, nonprofit, neighborhood and University players to develop innovative scaled solutions GROWTH MINDSET with the willingness to try new things —because growth and skill are improved with effort and persistence Use Circles, Strategic Doing, Collective Impact, and other participatory models to identify and empower solutions at the most local level. This pilot program will launch at NCJC Pheasant Ridge Neighborhood Center alongside the establishment of a Pheasant Ridge/Westwind neighborhood association. NCJC will coordinating and host six (6), 5-week cohort learning experiences that utilize elements of the Truth, Racial Healing, and Transformation (TRHT) framework for participants to "heal from the wounds of the past, to build a mutually respectful relationship, across racial and ethnic lines that honor and value each person's humanity, and to build trusting intergenerational and diverse community relationships that better reflect our common humanity." This framework, expert facilitation, and collaborative nature of CommUNITY University support the building of relationships, connecting of people, and expanding circles of engagement needed for overcoming racial division and isolation, developing emerging neighborhood leadership, and building both personal and political will. Community Crisis Services: Often, immigrants face health challenges and cardiovascular risks after relocating to America, because they are forced to adjust to new foods that have higher carbohydrates and more preservatives. (United Way of Olmsted County) Access to culturally appropriate foods, such as mas, dry rice, dry beans, and fresh fruits and vegetables, can help sustain health by maintaining a more familiar, traditional diet and also help immigrants and descendants of immigrants maintain their cultural identities. Community Crisis Center will partner with two minority-owned businesses in Iowa City that distribute African and Mexican foods—Alcapulco Mexican Bakery & Grocery Store and Modina African Market. The grant funding would allow Community Crisis Services to source $1 ,000 each month from each business for a year (totaling $24,000). If awarded, Community Crisis Services will seek out matching funds to double the amount of food we purchase from each of these vendors. The goal is for this initiative to result in $48,000 worth of purchases from minority-owned businesses in Iowa City's South District while also supporting the health and cultural identity of food-insecure individuals in our area. Natural Talent Music: This project strives to uncover and nurture artistic talent and expression within the South District area in Iowa City especially focusing on people of color and international origins. This project strives to expand the diversity of performers, styles of music, and venues in which entertainment is presented in Iowa City. The project has 3 stages: A. Incubation of up and coming talent. B. Concert Series. C. Community Celebration Festival. AI-Iman Center of Iowa: The 1,000 Book Nook project aims to offer an alternative narrative for the children in our community. This children's' mini library at AI-Iman Center will serve our young children (5-14 years of age) throughout the years at no cost to them. Fiction, non-fiction, and bilingual books will be carefully selected to provide our children with the opportunity to read and learn about characters and stories similar to themselves. AI-Iman Center currently has a collection of 250 books that were donated over the course of the past 4 years, but with the grant, AI-Iman Center is hoping to make a significant difference by growing the collection to 1,000 books and greatly increasing the accessibility of the children to the mini-library. Center for Worker Justice of Eastern Iowa (CWJ) : As part of the Community Technology and Education Improvement Initiative, CWJ will purchase a SMART Board for our newly built computer lab and hire instructors to host free educational workshops for Iowa City community members. The SMART Board will play an essential role in many of CWJ's educational initiatives. CWJ will use the SMART Board in English as a Second Language (ESL) workshops, tutoring program, and most workshops including entrepreneurship and computer literacy workshops. CWJ will host 12 computer literacy workshops that will be taught in English, but the instructors we will hire will be bilingual. The bilingual instructors will allow us to have 4 workshops for Spanish/English speakers, 4 for Arabic/English speakers, and 4 for French/English speakers. Houses into Homes: While the substance of our volunteer academy has remained the same, as planned last year Houses into Homes convened an advisory committee over the summer to help create the Youth Volunteer Academy (YVA). This group met twice, in June and July, and they formed a curriculum subcommittee, which met three times and created a weekly curriculum that incorporates Houses into Homes' work turning shelter into a home. The curriculum also visits important topics connected to social justice, starting with trust- building and an examination of identity. Other topics are stereotypes/prejudice, ACES; historical systems of oppression; the power of language; cycles of poverty, eviction, domestic violence; privilege; equity/inequity; microaggressions, and implicit bias. The vision of the YVA is to foster social justice-centered leaders, and the academy will end with students writing their personal mission and vision statements. Prepared by:Stefanie Bowers, Human Rights Coordinator,Office of Equity&Human Rights,410 E.Washington St., Iowa City,IA 52240(319) 356-5022. Resolution No. 23-112 Resolution Adopting the Racial Equity and Social Justice Grant Allocations for Fiscal Year 2023 Whereas, the City Council approved funding in the fiscal year 2023 budget for Racial Equity and Social Justice ("RESJ") Grants for community-based organizations to build capacity to address social justice and racial equity; and Whereas, the City has disseminated the RESJ Grant applications to Iowa City organizations; and Whereas, the City has received 20 applications for the RESJ Grant for fiscal year 2023; and Whereas, the Human Rights Commission held a meeting to discuss and review applications regarding the allocation of funds for the RESJ Grant for fiscal year 2023; and Whereas, the Human Rights Commission has recommended that the allocations set forth in Exhibit A be approved; and Whereas, the City Council finds that the RESJ Grant allocations have a public purpose and the public interest will be served by the adoption of the fiscal year 2023 RESJ Grant allocations. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The allocation of fiscal year 2023 RESJ Grant funds attached hereto as Exhibit A is hereby approved and adopted. 2. The City Manager or designee is hereby authorized to execute, terminate, or amend RESJ Grant agreements executed in connection with the allocation of public funds. Passed and approved this 4th day of April , 2023. Ma r Approved by Attest: IJ 2Q Y City lerk City Att ey's Office (Sue Dulek-03/13/2023) It was moved by Alter and seconded by Taylor the Resolution be adopted, and upon roll call there were: Ayes: Nays: Abstain Absent: x Alter Bergus X x Dunn Harmsen x — Taylor x Teague X Thomas EXHIBIT A Great Plains Action Society $6,000.00 6000 Wright House of Fashion $25,000.00 25000 Natural Talent Music $23,725.00 14500 AI-Iman Center of Iowa $15,000.00 7500 Center for Worker Justice of Eastern Iowa $13,528.80 7000 Houses Into Homes $15,000.00 10000 Community Crisis Services $24,000.00 14500 Neighborhood Center of Johnson County $15,500.00 15500 Help Hope and love Foundation $25,000.00 0 Iowa City Area Development Group $25,000.00 0 Iowa City Area Business Partnership $23,500.00 0 Immigrant Analytics $16,175.00 0 Better Together 2030 $18,500.00 0 Sudanese American Community Services in Iowa $10,000.00 0 Systems Unlimited $5,823.00 0 Enihakole Ministries $20,965.00 0 African Resources Center International $24,000.00 0 IC Compassion $22,250.00 0 I.C. Pilates $25,000.00 0 $329,966.80 $100,000.00 Item Number: 11.g. CITY OF IOWA CITY COUNCIL ACTION REPORT April 4, 2023 Resolution authorizing the acquisition of property locally known as 320 N. Governor Street, which is a public nuisance, for the purpose of abating the nuisance. Prepared By: Susan Dulek, First Ass't. City Attorney Reviewed By: Geoff Fruin, City Manager Tracy Hightshoe, Director Neighborhood and Development Services Fiscal Impact: The City will sell the property for the amount it paid to acquire it so all costs should be recouped. Staff Recommendation: Approval Commission Recommendations: N/A Attachments: screen shots and photo Resolution Executive Summary: Since 2018 City staff has responded to nuisance related complaints at 320 N. Governor St., a single-family home, which has been vacant since at least then. Although the City has issued multiple citations to the owner and the Court has ordered the owner to bring the property into compliance with the City Code, the owner has taken no action to do so. The house has likely deteriorated to the point where it cannot be rehabilitated. This resolution authorizes staff to acquire the property voluntarily, and if unsuccessful, to proceed to acquire it through condemnation. Once the City acquires the property, state law requires the City to sell it for either rehabilitation or demolition with construction of a new residence. Background /Analysis: Under Section 364.12A of the Iowa Code, a municipality may condemn a residential building found to be a public nuisance and take title to the property for the purpose of disposing of the property by conveying the property to a private individual or entity for rehabilitation or for demolition and construction of housing. The property contains a single-family dwelling, which has been vacant since at least 2018. City staff first became involved with this property in 2018 when the first nuisance complaint was received. A summary of the complaints and City actions are: 5/17/18 The first complaint was for tall grass and weeds. City's contractor mowed at owner's cost. 5/28/19 Complaint of tall grass. City's contractor mowed at owner's cost. 6/19/19 Complaint that "chimney is falling away from the house. Neighbor mows grass because property owner does not." 8/6/19 Complaint of tall grass. City's contractor mowed at owner's cost. 8/6/19 Complaint of inoperable vehicle. 8/6/19 Neighbor reports that the chimney is about to fall down and that there are holes in the roof. Neighbor is concerned the chimney is an extreme safety hazard and could cause injury to person and property if/when if falls. 8/7/19 Municipal infraction citation (case no. ICCISC095999) issued for a chimney falling off the house and general disrepair. Owner did not contest it and did not perform the repairs as the court ordered. When the owner failed to remove the chimney, the City obtained a court order authorizing the City to remove the chimney as a safety hazard and assessed the costs to the owner. 8/29/19 Complaint of tall grass. City's contractor mowed at owner's cost. 8/29/19 Municipal infraction citation (case no. ICCISC096174) issued for having tall grass and weeds a third time in one season. The owner did not contest the citation. 11/14/19 Complaint of snow and ice. City's contractor shoveled at owner's cost. 1/29/20 Complaint of snow and ice. City's contractor shoveled at owner's cost. 5/19/20 Complaint of tall grass. City's contractor mowed at owner's cost. 10/22/20 Complaint that property is increasingly run down and now appears abandoned. Front door has been ajar consecutive days, open to animals, pests and weather. 11/5/20 Municipal infraction citation (case no. ICCISC098755) issued for failing to have a vacant structure secured. The owner did not contest the citation, and the Court ordered him to secure the house. When the owner failed to secure the house, the City obtained a Court order authorizing the City to secure the three entrance doors by attaching plywood, which the City did. The Court further ordered the owner not to enter the home until he registers the vacant structure as required by the Iowa City Code. 12/16/20 Complaint of snow and ice. Work was ordered and fees of $320.25 assessed to the property owner. 12/31/20 Complaint of snow and ice. Work was ordered and fees of$307.75 assessed to the property owner. 1/05/21 Complaint of snow and ice. Work was ordered and fees of $320.25 assessed to the property owner. 1/15/21 Complaint of snow and ice. Work was ordered and fees of $307.75 assessed to the property owner. 1/27/21 Complaint of snow and ice. Work was ordered and fees of $349.13 assessed to the property owner. 2/8/21 Complaint of snow and ice. The case was closed as unfounded due to arctic weather conditions and evidence of an effort made. 7/8/21 Municipal infraction citation (case no. ICCISC099959) for failing to register the vacant building. Once more, he did not contest the citation, and the Court ordered him to register it as required by City Code. Once more he did not comply with the court order. 12/29/21 Complaint of snow and ice. Work was ordered and fees of $396.75 assessed to the property owner. Whereas, the Court has found the property to be a nuisance and in violation of the Iowa City Code as summarized below: 8/7/19 Municipal infraction citation (case no. ICCISC095999). The City issued a citation for violating of Sections 6-1-2(I) and 17-5-19 of the City Code for a chimney falling off the house and general disrepair. The owner did not contest it, and the Court found the property to be a nuisance under the City Code and entered judgment accordingly. The Court ordered the owner to perform repairs, which he did not do. When the owner failed to remove the chimney, the City obtained a court order authorizing the City to remove the chimney as a safety hazard and assessed the costs to the owner. 8/29/19 Municipal infraction citation (case no. ICCISC096174). The City issued a citation for violation of Section 6-3-21B of the Iowa City Code for having tall grass and weeds a third time in one season. The owner did not contest the citation, and the Court found the property to be a nuisance under the City Code and entered judgment accordingly. 11/5/20 Municipal infraction citation (case no. ICCISC098755) issued for violation of Sections 6-1-2(H) and 6-1-5(A) of the Iowa City Code for failing to have a vacant structure secured. The owner did not contest the citation, and the Court found the property to be a nuisance under the City Code. The Court further ordered him to secure the house. When the owner failed to secure the house, the City obtained a Court order authorizing the City to secure the three entrance doors by attaching plywood, which the City did. The Court further ordered the owner not to enter the home until he registers the vacant structure as required by the Iowa City Code. 7/8/21 Municipal infraction citation (case no. ICCISC099959). The City issued a citation for violation of Section 6-1-5 of the Iowa City Code for failing to register the vacant building. The owner did not contest the citation, and the Court found the property to be a nuisance under the City Code. The Court ordered him to register it as required by City Code. Once more he did not comply with the court order. Attached are three screen shots and one photo of the property. Exhibit 1- Screen shot (Google street view) showing the front of the property. Exhibit 2- Screen shot (Google street view) showing 2 of the doors boarded up by the City with a court order. Exhibit 3- Screen shot (Google street view) showing where the crumbling chimney was the City removed with a court order. Exhibit 4- Photograph taken by City staff of the front entrance before it was boarded up. In early 2023, the City requested a formal appraisal from Furhmeister Appraisal, LLC, and on March 2, 2023, the City emailed the owner at the last known email address a formal written offer to purchase the property for the appraised value along with a copy of the appraisal, and the property owner has never responded. Previously City staff attempted to mail the owner a letter through the U.S. Post Office addressed to 320 N. Governor Street, Iowa City, Iowa, and it was returned with no forwarding address known. City staff has emailed the owner a copy of the resolution and informed him of the date and time of the City Council meeting at which the resolution will be considered. It is the opinion of City staff and the appraiser that the house likely cannot be rehabilitated and will need to be demolished. The property has become a serious detriment and hazard to the neighborhood and is a public nuisance. The owner has not demonstrated any intent to bring the property into compliance with the City Code. Absent intervention, it is highly likely that the property will continue to generate nuisance complaints and violations and will continue to deteriorate and become even more hazardous until the house collapses. Section 364.12A of the Iowa Code allows the City to condemn a residential property found to be a public nuisance. Once acquired, the City must convey it to a private party either for rehabilitation or for demolition and construction of housing. As stated earlier, likely the house has deteriorated to the extent it cannot be rehabilitated. w �'a A' f`• J � J I ^_may- _•�y • I 1 f.: p S + t I T:o •1'11�I�I •i _ s ^( a 1 i r s r ORI,R 5 A + ;r i I : II tl a l,l u I . 1 ]13:� ' II1 } : -r f. PENGAD 89PE91698P � ''a $ EXH19FT Lk z f r. i irk U!vla� �� k I R ' l 1 � r ti r -2020 03:22 PM Prepared by: Susan Dulek, First Ass't. City Attorney,410 E.Washington St., Iowa City, IA 52240-319-356-5030 Resolution No. 23-113 Resolution authorizing the acquisition of property locally known as 320 N. Governor Street, which is a public nuisance, for the purpose of abating the nuisance. Whereas, under Section 364.12A of the Iowa Code, a municipality may condemn a residential building found to be a public nuisance and take title to the property for the purpose of disposing of the property by conveying the property to a private party for rehabilitation or for demolition and construction of housing; and Whereas, the property locally known as 320 N. Governor Street, Iowa City, Iowa ("the property") contains a single-family dwelling; and Whereas, the property has been vacant since at least 2018; and Whereas, City staff became involved with this property in 2018 when the first nuisance complaint was received; and Whereas, the City has received the following complaints and taken the following actions since 2018; and 5/17/18 The first complaint was for tall grass and weeds. City's contractor mowed at owner's cost. 5/28/19 Complaint of tall grass. City's contractor mowed at owner's cost. 6/19/19 Complaint that "chimney is falling away from the house. Neighbor mows grass because property owner does not." 8/6/19 Complaint of tall grass. City's contractor mowed at owner's cost. 8/6/19 Complaint of inoperable vehicle. 8/6/19 Neighbor reports that the chimney is about to fall down and that there are holes in the roof. Neighbor is concerned the chimney is an extreme safety hazard and could cause injury to person and property if/when if falls. 8/7/19 Municipal infraction citation (case no. ICCISC095999) issued for a chimney falling off the house and general disrepair. Owner did not contest it and did not perform the repairs as the court ordered. When the owner failed to remove the chimney, the City obtained a court order authorizing the City to remove the chimney as a safety hazard and assessed the costs to the owner. 8/29/19 Complaint of tall grass. City's contractor mowed at owner's cost. Resolution No, 23-113 Page 2 8/29/19 Municipal infraction citation (case no. ICCISC096174) issued for having tall grass and weeds a third time in one season. The owner did not contest the citation. 11/14/19 Complaint of snow and ice. City's contractor shoveled at owner's cost. 1/29/20 Complaint of snow and ice. City's contractor shoveled at owner's cost. 5/19/20 Complaint of tall grass. City's contractor mowed at owner's cost. 10/22/20 Complaint that property is increasingly run down and now appears abandoned. Front door has been ajar consecutive days, open to animals, pests and weather. 11/5/20 Municipal infraction citation (case no. ICCISC098755) issued for failing to have a vacant structure secured. The owner did not contest the citation, and the Court ordered him to secure the house. When the owner failed to secure the house, the City obtained a Court order authorizing the City to secure the three entrance doors by attaching plywood, which the City did. The Court further ordered the owner not to enter the home until he registers the vacant structure as required by the Iowa City Code. 12/16/20 Complaint of snow and ice. Work was ordered and fees of$320.25 assessed to the property owner. 12/31/20 Complaint of snow and ice. Work was ordered and fees of$307.75 assessed to the property owner. 1/05/21 Complaint of snow and ice. Work was ordered and fees of$320.25 assessed to the property owner. 1/15/21 Complaint of snow and ice. Work was ordered and fees of$307.75 assessed to the property owner. 1/27/21 Complaint of snow and ice. Work was ordered and fees of$349.13 assessed to the property owner. 2/8/21 Complaint of snow and ice. The case was closed as unfounded due to arctic weather conditions and evidence of an effort made. 7/8/21 Municipal infraction citation (case no. ICCISC099959) for failing to register the vacant building. Once more, he did not contest the citation, and the Court ordered him to register it as required by City Code. Once more he did not comply with the court order. 12/29/21 Complaint of snow and ice. Work was ordered and fees of$396.75 assessed to the property owner. Whereas, the Court has found the property to be a nuisance and in violation of the Iowa City Code as summarized below: 8/7/19 Municipal infraction citation (case no. ICCISC095999). The City issued a citation for violating of Sections 6-1-2(1) and 17-5-19 of the City Code for a chimney falling off the house and general disrepair. The owner did not contest it, and the Court found the property to be a nuisance under the City Code and entered judgment accordingly. The Court ordered the owner to perform repairs, which he did not do. When the owner failed Resolution No. 23-113 Page 3 to remove the chimney, the City obtained a court order authorizing the City to remove the chimney as a safety hazard and assessed the costs to the owner. 8/29/19.Municipal infraction citation (case no. ICCISC096174). The City issued a citation for violation of Section 6-3-2B of the Iowa City Code for having tall grass and weeds a third time in one season. The owner did not contest the citation, and the Court found the property to be a nuisance under the City Code and entered judgment accordingly. 11/5/20 Municipal infraction citation (case no. ICCISC098755) issued for violation of Sections 6-1-2(H) and 6-1-5(A) of the Iowa City Code for failing to have a vacant structure secured. The owner did not contest the citation, and the Court found the property to be a nuisance under the City Code. The Court further ordered him to secure the house. When the owner failed to secure the house, the City obtained a Court order authorizing the City to secure the three entrance doors by attaching plywood, which the City did. The Court further ordered the owner not to enter the home until he registers the vacant structure as required by the Iowa City Code. 7/8/21 Municipal infraction citation (case no. ICCISC099959). The City issued a citation for violation of Section 6-1-5 of the Iowa City Code for failing to register the vacant building. The owner did not contest the citation, and the Court found the property to be a nuisance under the City Code. The Court ordered him to register it as required by City Code. Once more he did not comply with the court order. Whereas, the City requested a formal appraisal from Furhmeister Appraisal, LLC, and on March 2, 2023, the City emailed the owner at the owner's last know email address a formal written offer to purchase the property for the appraised value along with a copy of the appraisal, and the property owner has never responded; and Whereas, mail to the owner sent through the U.S. Post Office addressed to 320 N. Governor Street, Iowa City, Iowa has been returned with no forwarding address known; and Whereas, it is the opinion of City staff and the appraiser that the house likely cannot be rehabilitated and will need to be demolished; and Whereas, the property has become a serious detriment and hazard to the neighborhood and is a public nuisance; and Whereas, the owner has not demonstrated any intent to bring the property into compliance with the City Code; and Whereas, absent intervention, it is highly likely that the property will continue to generate nuisance complaints and violations and will continue to deteriorate and become even more hazardous until the house collapses. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa: 1. The property locally known as 320 N. Governor Street, Iowa City, Iowa, and legally described below, is a public nuisance. Beginning at a point 105 feet south of the northwest corner of Outlot 7 in Iowa City, Iowa according to the recorded plat thereof, thence south 45 feet, thence east 80 feet, thence north 45 feet, thence west 80 feet to the place of beginning. Resolution Nc 23-113 Page 4 2. It is in the public interest of the City of Iowa City to acquire the property for the public purpose of disposing of the property by conveying the property to a private individual for rehabilitation or for demolition and construction of housing. 3. The City Manager, or designee, in consultation with the City Attorney's office, is authorized and directed to establish, on behalf of the City, an amount the City believes to be just compensation for the property to be acquired, and to make an offer to purchase the property for the established fair market value. 4. The City Manager, or designee, is hereby authorized and directed to negotiate the purchase of the property. 5. In the event negotiation is successful, the Mayor, City Clerk, and City Manager are hereby authorized, upon direction of the City Attorney, to execute and attest all documents necessary to effectuate the purchase of the property. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. 6. In the event the property cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for acquisition of the property. Passed and approved this 4th day of April , 2023. Ma Approved b Attest: )" City Clerk City Attor ey's Office (Sue Dulek— 03/28/2023) Resolution No. 23-113 Page 5 It was moved by Bergus and seconded by Dunn the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent Abstain Alter X Bergus X Dunn X Harmsen X Taylor X Teague' X Thomas Item Number: 11.11h. CITY OF IOWA CITY COUNCIL ACTION REPORT April 4, 2023 Resolution authorizing the acquisition of property locally known as 3351 Wintergreen Drive, which is a public nuisance, for the purpose of abating the nuisance. Prepared By: Susan Dulek, First Ass't. City Attorney Reviewed By: Geoff Fruin, City Manager Tracy Hightshoe, NDS Director Fiscal Impact: The City will sell the property for what it paid to acquire it so all costs should be recouped. Staff Recommendation: Approval Commission Recommendations: N/A Attachments: screen shot.pdf Resolution Executive Summary: 3351 Wintergreen Dr. is a single-family home. In an unusual arrangement, the owner of the house does not own the land, but rather leases the land. The owner of the house died in Aug. 2022, and no Estate has been opened or will be opened. The house is a nuisance, and this resolution authorizes staff to acquire the property voluntarily in order to abate the nuisance, and if unsuccessful, to proceed to acquire it through condemnation. Once the City acquires the property, state law requires the City to sell it for either rehabilitation or demolition with construction of a new residence. Background /Analysis: Under Section 364.12A of the Iowa Code, a municipality may condemn a residential building found to be a public nuisance and take title to the property for the purpose of disposing of the property by conveying the property to a private individual or entity for rehabilitation or for demolition and construction of housing. The property contains a single-family dwelling. The owner of the house died in Aug. 2022, and it has been vacant since her death. No Estate for the owner of the house has been opened to transfer title of the house. The heirs of the owner of the house have informed City staff they do not intend to open an Estate and do not desire to take action to have the house conveyed to them or sold to a third-party. The owner of the land has also informed City staff it does not desire to own the house. With consent, a City inspector entered the house, and it is infested with mice and is completely full of debris. A vehicle registered to the owner of the house remains parked in the driveway. Although neighbors mowed the grass in late 2022 and the City did not receive a tall grass/weeds complaint, the City did receive a snow complaint in early 2023. A City inspector responded to the snow complaint and found the property to be a nuisance under Section 6-1-21K of the Iowa City Code. The property is in violation of the following Iowa City Code nuisance provisions: Section 6-1-2F because of the infestation of mice and Section 6- 1-21-1 because in is a vacant/abandoned building. In early 2023, the City requested a formal appraisal from Reilly Appraisal Services. In March City staff provided a copy of the land appraisal to the owner of the land and a copy of the house appraisal to the attorney representing the heirs. City staff also informed both of the date and time of the City Council meeting and provided them with a copy of the resolution. The property is a public nuisance with no person or entity legally required to maintain the house. Absent intervention, it is highly likely the property will continue to generate nuisance complaints and violations and it will only deteriorate. The City will be able to abate the nuisance by acquiring it and selling it. Section 364.12A of the Iowa Code allows the City to condemn a residential property found to be a public nuisance. Once acquired, the City must convey it to a private party either for rehabilitation or for demolition and construction of housing. Both City staff and the appraiser believe it can be rehabilitated. R � , 1 � / r w \ a_;tip ••,y�` _ X11 {.r ' �S. v f Prepared by: Susan Dulek, First Ass't. City Attorney, 410 E.Washington St., Iowa City, IA 52240-319-356-5030 Resolution No. 23-114 Resolution authorizing the acquisition of property locally known as 3351 Wintergreen Drive, which is a public nuisance, for the purpose of abating the nuisance. Whereas, under Section 364.12A of the Iowa Code, a municipality may condemn a residential building found to be a public nuisance and take title to the property for the purpose of disposing of the property by conveying the property to a private party for rehabilitation or for demolition and construction of housing; and Whereas, the property locally known as 3351 Wintergreen Drive, Iowa City, Iowa ("the property") contains a single-family dwelling; and Whereas, the records of the Johnson County Recorder show the house is owned separately from the land, an unusual ownership arrangement; and Whereas, the owner of the house and the owner of the land entered into a 99-year lease in 1998; and Whereas, the owner of the house died in August 2022, and it has been vacant since her death; and Whereas, no Estate for the owner of the house has been opened to transfer title of the house; and Whereas, the heirs of the owner of the house have informed City staff they do not intend to open, an Estate and do not desire to take action to have the house conveyed to them or sold to a third- party; and Whereas, the owner of the land has informed City staff it does not desire to own the house; and Whereas, with consent, a City inspector entered the house, and it is infested with mice and is completely full of debris; and Whereas, a vehicle registered to the owner of the house remains parked in the driveway; and Whereas, although neighbors mowed the grass in late 2022 and the City did not receive a tall grass/weeds complaint, the City did receive a snow complaint in early 2023; and Whereas, a City inspector responded to the snow complaint and found the property to be a nuisance under Section 6-1-2K of the Iowa City Code; and Whereas, the property is in violation of the following Iowa City Code nuisance provisions: Section 6-1-2F because of the infestation of mice Section 6-1-2H because in is a vacant/abandoned building Resolution No. 23-114 Page 2 Whereas, City staff has informed both the owner of the land and the heirs of the owner of the house the City intends to pursue acquisition in order to abate the nuisances and they, in turn, have informed City staff they do not object to the City doing so; and Whereas, the City requested a formal appraisal from Reilly Appraisal Services, and on March 23, 2023, the City emailed an attorney representing the heirs a copy of the appraisal and on March 24, 2023, the City emailed the owner of the lot a copy of the appraisal, and both parties affirmed they do not resist the City proceeding to acquire the property; and Whereas, the property is a public nuisance; and Whereas, absent City intervention, it is highly likely that the property will continue to generate nuisance complaints and violations and will continue to deteriorate. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa: 1. The property locally known as 3351 Wintergreen Drive, Iowa City, Iowa, and legally described below, is a public nuisance. Lot 13, Village Green South, Part 3A, Iowa City, Iowa, according to the plat thereof recorded in Book 34, Page 38, Plat Records of Johnson County, Iowa 2. It is in the public interest of the City of Iowa City to acquire the property for the public purpose of disposing of the property by conveying the property to a private individual for rehabilitation or for demolition and construction of housing. 3. The City Manager, or designee, in consultation with the City Attorney's office, is authorized and directed to establish, on behalf of the City, an amount the City believes to be just compensation for the property to be acquired, and to make an offer to purchase the property for the established fair market value. 4. The City Manager, or designee, is hereby authorized and directed to negotiate the purchase of the property. 5. In the event negotiation is successful, the Mayor, City Clerk, and City Manager are hereby authorized, upon direction of the City Attorney, to execute and attest all documents necessary to effectuate the purchase of the property. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. 6. In the event the property cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for acquisition of the property. Resolution No. 93-114 Page 3 Passed and approved this 4th day of April , 2023. „,--1 ( i ' M-iiiiil _ • 46 Approved by Attest: G , J Cit Clerk City Attar ey's Office (Sue Dulek—03/28/2023) Resolution No. 23-114 Page 4 It was moved by Harmsen and seconded by A]ter the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent Abstain X Alter X Bergus X Dunn X Harmsen X Taylor X Teague X Thomas