HomeMy WebLinkAbout2024-09-03 Resolution Item Number: 6.b.
CITY OF IOWA CITY
Q COUNCIL ACTION REPORT
September 3, 2024
Resolution extending the duration of the permit for solid waste containers in the downtown
alleys.
Prepared By: Susan Dulek, First Ass't. City Attorney
Reviewed By: Geoff Fruin, City Manager
Mark Rummel, Associate Director Transportation Services
Fiscal Impact: none
Staff Recommendation: Approval
Commission Recommendations: N/A
Attachments: Resolution
Executive Summary:
A waste hauler may not place a solid waste container (aka, a dumpster) in a downtown alley
without a permit, and the City has issued a 3-year permit only to one waste hauler, Republic
Services, which expires on Sept. 7, 2024. This resolution extends the permit to Oct. 1, 2024,
to allow the City, with input from the Downtown District and Republic Services, to evaluate
the current system for removing solid waste and collecting recyclables in the downtown
alleys and finalize the requirements of a new 3-year permit.
457
Prepared by: Susan Dulek, First Asst. City Attorney,410 E.Washington Street, Iowa City, IA 52240;319-356-5030
Resolution No. 24-220
Resolution extending the duration of the permit for solid waste
containers in the downtown alleys.
Whereas, City Council adopted the Permit System for Solid Waste Containers in the Downtown
Alleys in Resolution No. 21-146 as required by City Code section 14-3H-8F; and
Whereas, a waste hauler may not place a solid waste container in a downtown alley without a
permit; and
Whereas, the permit system provides that the duration of the permit is three years; and
Whereas, the City has issued a three-year permit only to one waste hauler, Republic Services;
and
Whereas, the permit issued to Republic Services is expiring on September 7, 2024, and should
be extended to October 1, 2024, to allow the City, with input from the Downtown District and
Republic Services, additional time to evaluate the current system for removing solid waste and
collecting recyclables in the downtown alleys.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa that:
The Permit System for Solid Waste Containers in the Downtown Alleys adopted in Resolution
No. 21-146 is amended by extending the duration of the permit to October 1, 2024.
Passed and approved this 3rd day of September, 2024.
41
Ma r
Attest: �w
City 6Ierk
Approved by
City Attor ey s Office
(Sue Dulek-08/28/2024)
Resolution No. 24-220
Page 2
It was moved by Bergus and seconded by Salih the Resolution be
adopted, and upon roll call there were:
Ayes: Nays: Absent:
x Alter
x Bergus
x Dunn
x Harmsen
x Moe
x Salih
x Teague
Item Number: 6.c.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
September 3, 2024
Resolution authorizing the City Manager to sign a memorandum of understanding with the
Housing Trust Fund of Johnson County for the contribution and use of$200,000 for Low
Income Housing Tax Credit projects.
Prepared By: Tracy Hightshoe, NDS Director
Reviewed By: Geoff Fruin, City Manager
Fiscal Impact: Budgeted $200,000 from the FY25 Affordable Housing
Fund for LIHTC projects.
Staff Recommendation: Approval
Commission Recommendations: N/A
Attachments: Resolution
Memorandum of Understanding
Exhibit A - Affordable Housing Heat Map
Executive Summary:
City Council will consider adoption of a resolution to authorize the City Manager to enter into
a Memorandum of Understanding (MOU) with the Housing Trust Fund of Johnson County
(HTFJC) for $200,000 for eligible Low Income Housing Tax Credit (LIHTC) projects at their
September 3, 2024 meeting.
Background /Analysis:
At the April 2, 2024 City Council work session, the City Council approved the distribution of
funds for the Affordable Housing Fund. Under the approved distribution plan, $200,000 of the
funds available will go to the HTFJC set aside for eligible Low Income Housing Tax Credit
projects. Upon execution of the Memorandum of Understanding (MOU), the HTFJC will hold
an annual funding round to solicit and review LIHTC proposals. Upon approval of a LIHTC
award by the Iowa Finance Authority for an approved project, the Trust Fund will request to
drawdown the funds set aside for these projects.
Under this MOU, an eligible LIHTC project must be located within Iowa City, support the goal
of encouraging affordable housing and residential facilities throughout Iowa City, serve
households below 60% of area median income, and give preference to those viable projects
that provide the most units at the highest levels of affordability.
Upon the conclusion of the funding round for LIHTC projects, the Trust Fund may receive
administrative funds up to 5% of the allocation set aside for LIHTC projects. For FY25, this
amount would be $10,000 (the total set aside is $200,000). The MOU provides if no LIHTC
projects have been awarded after two annual funding rounds, the Trust Fund may request the
FY25 funds to be used for eligible non-LIHTC projects. In that instance, $190,000 would be
available for any eligible project as allowed under the separate Memorandum of
Understanding between the City and the Trust Fund for $500,000 in funding for affordable
housing projects. No additional administrative funds would be provided.
The MOU also requires annual reporting to Neighborhood Services which identifies projects
awarded funding, total amount allocated per the MOU and by the Trust Fund, total project
cost, rent limitations, and the status of construction. The Annual Report is typically provided
in August for the prior fiscal year.
Prepared by:Tracy Hightshoe, NDS Director,410 E.Washington St., Iowa City, IA 52240(319)356-5244
Resolution No. 24-221
Resolution authorizing the City Manager to sign a memorandum of
understanding with the Housing Trust Fund of Johnson County for the
contribution and use of $200,000 for Low Income Housing Tax Credit
projects.
Whereas, the City Council desires to fulfill its goal to increase the units of affordable housing in
Iowa City, in part, by contributing $200,000 in FY25 Affordable Housing Funds to the Housing
Trust Fund of Johnson County, Inc. for Low Income Housing Tax Credit projects; and
Whereas, the funds will be used to serve households under 60% of median income, the units
must be located within the corporate limits of Iowa City, and the site location(s) should support
the City's goal to provide affordable housing in all City neighborhoods; and
Whereas, the attached Memorandum of Understanding sets forth the parameters of how the
funds are to be used; and
Whereas, the use of funds provided pursuant to the Memorandum of Understanding is a public
purpose.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
The City Manager is authorized to sign the attached Memorandum of Understanding and
any necessary amendments.
Passed and approved this 3rd day of September 2024.
Mayor
Approved by
Attest: t/Likj.,U
� L-C�� grfiFes-I
City Clerk City Attorne '
(Sue Dulek—08/24/2024)
Resolution No. 74_291
Page 2
It was moved by Bergus and seconded by Salih the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Alter
x Bergus
x Dunn
x Harmsen
x Moe
x Salih
x Teague
Prepared by: Tracy Hightshoe,NDS Director,4 I 0 E.Washington St.,Iowa City,IA 52240,319/356-5244
MEMORANDUM OF UNDERSTANDING
Re:
CITY'S FY 25 CONTRIBUTION TOWARD LOW INCOME HOUSING TAX CREDIT
PROJECTS
This Memorandum of Understanding is entered into by and between the City of Iowa City,
a municipal corporation("City"),and Housing Trust Fund of Johnson County, Inc.("Trust Fund")
in Iowa City, Iowa.
WHEREAS, City Council has set aside $200,000.00 from the FY25 Affordable Housing
Fund for the Trust Fund to support Low Income Housing Tax Credit (LIHTC) projects in Iowa
City; and
WHEREAS,the use of the funds set forth herein is a public purpose.
THE PARTIES THEREFORE AGREE AS FOLLOWS:
1. The Trust Fund will hold an annual LIHTC funding round to solicit and review
proposals for the funds in the falUwinter of 2024.
2. The City will provide funds to the Trust Fund, at their request, following notification
of a LIHTC award through the Iowa Finance Authority for an approved project.
3. The funds must be used to support LIHTC projects that meet the following criteria:
a. The projects must be located within the corporate limits of Iowa City.
b. The projects shall support the City's goal of encouraging housing and
residential facilities throughout all neighborhoods in Iowa City. The applicant
shall provide useful data to support how the project contributes to this goal.
The Heat Map of the City's existing subsidized housing under a
compliance/affordability period is attached for reference (Exhibit A).
c. Funding shall be used to support units designated for households at or below
60%of the Area Median Income.
d. Preference shall be given for viable projects providing the most units at the
highest levels of affordability.
4. After the FY25 funds have been available but no LIHTC projects have been awarded
funds after two annual funding rounds, the Trust Fund may request to use those fiscal
year funds for any eligible project, including non-LIHTC projects,with City Council
approval. For example, $190,000(after the administrative allowance has been
removed) in FY25 funds could be requested after the FY26 funding round if no funds
have been allocated to a LIHTC project. Any eligible project means projects eligible
for funding pursuant to the separate Memorandum of Understanding between the City
and the Trust Fund for$500,000 in funding for affordable housing projects.
5. Annual reports for both LIHTC and non-L[HTC projects must be provided to the City
Neighborhood Services Coordinator beginning August 30,2025 (for the prior fiscal
year)and continuing thereafter until all funds have been allocated and all units are
occupied by eligible households. The reports must include the following information
on each project:
a. Project name and location.
b. Name of developer
c. Amount of funds allocated pursuant to this MOU
d. Total amount of funds allocated to a project by the Trust Fund
e. Total Project Cost
1 Status of construction
g. Rent limitations as detailed in agreements with funding recipients(income
targeted and rent levels)
h. LIHTC Annual Occupancy Report, upon request
i. Demographic information of occupants,including household size, race, and
ethnicity, upon request
6. Up to$10,000(5%of funds)of the FY25 allocation may be used for administrative
expenses without City Council action.
a. Funds for administrative expenses will be provided at the Trust Fund's request
following the Trust Fund's annual LIHTC priority funding round.
b. If the Trust Fund reallocates funds to a non-LIHTC project, the funds for
administrative expenses remain at a maximum of$10,000.
Dated,this / day of September 2024.
CITY OF IOWA CITY,IOWA HOUSING TRUST FUND OF
JOHNSON COUNTY,INC.
By: By: lt�--
G ITFr ' , City Manager Ellen McCabe,Executive Director
Approved: - f 'd4r -
City Attorney's Office
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Item Number: 6.d.
CITY OF IOWA CITY
Q COUNCIL ACTION REPORT
September 3, 2024
Resolution approving, authorizing, and directing the Mayor to execute and the City Clerk to
attest an Agreement by and between the City of Iowa City and Shive-Hattery to provide
engineering consultant services for the Carson Lake Park Project.
Prepared By: Tyler Olson - Civil Engineer
Reviewed By: Jason Havel - City Engineer
Ron Knoche - Public Works Director
Geoff Fruin - City Manager
Fiscal Impact: $239,926 available in the Carson Lake Park account
R4403
Staff Recommendation: Approval
Attachments: Resolution
Consultant Agreement - Carsons Lake Permitting - CAO & Consultant Signed
Southwest Planning District - Rohret South Subarea Future Land Use Map -
October 2022 - Carson's Lake Marked
Executive Summary:
This portion of the Project follows the recently completed site feasibility of the development of
Carson Lake, located in the southwest planning district south of Rohret Road and west of
Highway 218. This portion of the project continues the coordination with City, State, and
Federal jurisdictions in the development a preliminary plan layout and associated jurisdiction
permit applications. Following the completion of this portion of the project, the City will be
able to pursue property acquisition, final permitting approvals and final plans for the future
construction of Carson Lake.
Background /Analysis:
Carson Lake is proposed as part of the Southwest Planning District in which the lake would
serve as both stormwater management and recreational use. The lake would be located just
west of Highway 218 and south of Rohret Road. A feasibility study has already been
conducted and the lake permitting portion of the project is the next step.
Prepared by:Tyler Olson,Engineering Division,410 E.Washington St., Iowa City, IA 52240,(319)356-5416
Resolution No. 24-222
Resolution approving, authorizing and directing the Mayor to
execute and the City Clerk to attest an Agreement by and
between the City of Iowa City and Shive-Hattery to provide
engineering consultant services for the Carson Lake Park
Project
Whereas, the City of Iowa City desires to construct a new lake and park as part of the Southwest
Planning District; and
Whereas, the new lake (currently referred to as Carson Lake) would be located west of Highway
218 and south of Rohret Road and used for stormwater management and recreation use; and
Whereas, the City and Consultant previously entered into a Consultant Agreement on August 15,
2023 for a site feasibility study for the development of Carson Lake; and
Whereas, based on the conclusion of the feasibility study, the City of Iowa City desires the
services of a consulting firm to produce a preliminary design layout, permit coordination, survey
services, and platting services for the Carson Lake; and
Whereas, the City of Iowa City has negotiated an Agreement for said consulting services with
Shive-Hattery, to provide said services; and
Whereas, it is in the public interest to enter into said Consultant Agreement with Shive-Hattery;
and
Whereas, funds for this project are available in the Carson Lake Park Project account# R4403.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
1. The Consultant Agreement attached hereto is in the public interest, and is approved as to
form and content.
2. The Mayor and City Clerk are hereby authorized and directed to execute the attached
Consultant Agreement.
3. The City Manager is authorized to execute amendments to the Consultant Agreement as
they may become necessary.
Resolution No. 24-222
Page 2
Passed and approved this 3rd day of September , 2024
May
Approved by
Attest: LL kG ( �(�----�
City lerk City Attorn 's Office— 08/28/2024
It was moved by Bergus and seconded by Salih the Resolution be
adopted, and upon roll call there were:
Ayes: Nays: Absent:
x Alter
x Bergus
x Dunn
x Harmsen
x Moe
x Salih
x Teague
Consultant Agreement
This agreement, made and entered into this 3rd day of September 2024,
by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City
and Shive-Hattery, Inc., of Cedar Rapids, Iowa, hereinafter referred to as the Consultant.
Whereas,the City and Consultant previously entered into a Consultant Agreement on August
15, 2023,for a site feasibility study for the development of Carson Lake located in the southwest
planning district south of Rohret Road and west of Highway 218; and
Whereas, based on the site feasibility study, the City now desires to obtain the services of a
qualified consulting firm to provide civil engineering for preliminary design layout, permit
coordination, survey services, and platting services for the Carson Lake Improvements located
in the southwest planning district south of Rohret Road and west of Highway 218; and •
Whereas,the area of the Carson Lake Improvements is private property,and under separate
agreements the private property owners have granted the City and Consultant permission to
enter their properties for the purpose of undertaking engineering study and testing; and
Whereas, the City issued a Request for Qualifications, On-Call Professional Design and
Engineering Services (2023-2025), to private consulting firms interested in providing design and
engineering services related to public improvement projects in the City of Iowa City; and
Whereas, submittals were received from consulting firms and evaluated by a selection
committee; and
Whereas, Consultant was selected based on qualifications, key personnel, project approach,
fees and rates; and
Whereas,funds are available in the Carson Lake Park Fund R4403; and
Therefore, it is agreed by and between the parties hereto that the City now contracts with the
Consultant to provide services as set forth herein.
Now therefore, it is agreed by and between the parties hereto that the City does now contract with
the Consultant to provide services as set forth herein.
I. Scope of Services
Consultant agrees to perform the following services for the City and to do so in a timely and
satisfactory manner.
A. Project Coordination:
1. Project Management and Administration.
2. Project Kickoff-Meet with City staff to initiate project design and permitting
services.
3. Coordinate renewal of existing access agreement document with Steve Carson
4. City Staff Review- Coordinate (3)three design review meetings with City Staff.
•
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5. Preliminary Plat and Design Review
a. Attend two (2) review meetings with City staff.
b. Attend one (1) City Planning &Zoning Commission meeting.
c. Attend one (1) City Council meeting for plat consideration, if requested.
B. Field Services
1. Topographic & Boundary Survey
a. Research for the exterior boundary and adjacent properties.
b. Field locate the existing boundary corners and section corners. Consultant
to calculate proposed exterior boundary for subdividing.
c. Iowa One Call for public and private utility locates.
d. Locate existing utilities marked by Iowa One Call and the City.
2. Geotechnical Investigation
The Consultant shall utilize a subconsultant to conduct a preliminary
geotechnical exploration of the lake's dam embankment area. Subconsultant
to prepare a preliminary report outlining geotechnical considerations and
specific geotechnical recommendations for the lake/dam design and
construction. Exploration and testing completed to provide preliminary level
review.
a. The work shall include the following exploration:
• Two (2) soil borings to forty (40)feet deep with split-barrel and/or thin-
wall tube sampling, as well as bulk sampling of disturbed auger samples
at selected depth intervals. Delayed water levels will be obtained 1 to 2
days after drilling.
• Three (3) Cone Penetrometer Test (CPT) soundings to forty(40)feet to
evaluate soil strength, compressibility, and permeability (through
porewater dissipation tests).
b. Laboratory testing is anticipated to include:
• Moisture content and visual classification of samples.
• Dry density and unconfined compressive strength of thin-wall tube
samples.
• Atterberg limits, organic content, and grain size analyses on selected
samples.
• Standard Proctor moisture-density relationship and remolded
permeability tests on selected and/or composite bulk auger samples.
c. Upon completion of field and laboratory programs, a preliminary
geotechnical report will be provided which will include:
• Soil Borings with Laboratory results and soil classifications.
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• Site Location and Exploration plan.
• CPT soundings with soil classification for darn.
a Groundwater levels during and after drilling.
• Summary of Subsurface conditions.
• Earthwork recommendation for dam and liner construction.
• Estimated settlement of dam.
• Seepage and global stability analysis of dam (one cross-section).
d. The geotechnical report will include considerations for additional field and
lab testing for the lake perimeter should the project move forward with final •
phase design and development.
3. Johnson County UDO—Sensitive Areas Fieldwork
The Consultant shall conduct fieldwork to support the Johnson County Unified
Development Ordinance— Sensitive Areas Report. Review will include habitat,
prairie, woodland, and slopes. Wetland delineation fieldwork was completed
under a previous agreement.
4. Phase 1 Archeological Investigation •
The Consultant shall utilize a subconsultant to conduct a Phase 1
archaeological survey of the project area. Pedestrian survey and soil cores will
be completed to characterize the soils and their potential to contain
archaeological sites. Subconsultant to prepare a report outlining the findings of
the exploration and any additional investigation that is recommended.
C. Preliminary Lake Design and Lake Plan Development
The Consultant shall prepare preliminary plans and cost opinion for a proposed 25—
30-acre lake, dam embankment, shoreline stabilization, outlet works, drawdown
structure, and sediment forebays. The proposed scope of work will start where the
previous feasibility study phase left off and includes the following:
1. Lake footprint and excavation design—Review geotechnical borings and
recommendations and refine lake footprint and lakebed grading plan to support
the project goals of stormwater detention, water quality, recreation, and fishery.
2. Grading Plan illustrating One (1) Foot contour intervals to communicate general
grading concept.
3. Design dam embankment in collaboration with the Geotechnical engineer hired
by Shive Hattery. Embankment design includes core trench, proposed slopes
and fill material requirements, internal drainage design, and stability model as
required.
4. Spillway design
a. Preliminary hydrologic and hydraulic modeling of the watershed and lake was
completed in a previous phase. Additional modeling will be performed to
advance the design to 60% completion.
b. A principal spillway will be designed for the proposed lake to safely pass up to
the required frequency storm events in accordance with City of Iowa City
stormwater requirements and the Iowa Department of Natural Resources Dam
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Safety. The principal spillway will be designed to safely pass the freeboard
design flood to prevent overtopping of the future roadway that will eventually
be constructed on the embankment.
5. Develop shoreline stabilization solutions for the proposed shorelines.
6. Preliminary layout and sizing of forebays at the lake inlet locations to capture
sediments and nutrients prior to entering the lake.
7. Collaborate with Iowa DNR fisheries biologists to gather feedback on lake
bathymetry, shoreline treatments, fish habitat, and angler access.
8. Development of applicable construction details.
9. Plans and cost opinion will be provided to the City for review at the 60% Design
• stage.
D. Preliminary Plat Development
Consultant to prepare a preliminary plat of the site for the purpose of determining the
extent of proposed acquisition boundary which will include Carson Lake Design, Park out
lots surrounding Carson Lake, City building site, and perimeter roadway right of way as
shown in the Carson Lake Feasibility Study Conceptual Park Plan.
1. Schematic Design
a. Use topographical and boundary survey to produce schematic design toward
development of a preliminary plat for the areas included in the project
boundary.
b. Schematic design shall generally include preliminary subdivision layout, public
utility routing, roadway cross section (compliant with City Complete Street
policy including addition means of travel such as sidewalks, trails, and/or
shared use paths), and preliminary profiles to provide a functional design for
street construction without impacting lake boundary.
2. Preliminary Plat
a. Incorporate schematic design for development of a draft Preliminary Plat
showing subdivision layout, grading, and utility plan.
b. Incorporate Schematic Design City comments and conduct Preliminary Plat
proceedings per City of Iowa City Ordinance and submit to the City of Iowa
City.
Documents include:
• Preliminary layout of proposed and future public roads within the
subdivision.
• Conceptual/preliminary grading and stormwater management layout for
site, public roadways within the subdivision, and mass grading of
remainder of the subdivision.
• Representation of public utility extensions to serve the subdivision,
including storm sewer, sanitary sewer, and water main extension
concepts.
• Existing easement within the subdivision research an'd inclusion on
preliminary plat.
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• Incorporate a lot within the subdivision that will ultimately be dedicated to
the City for space to build a new Civic Building. This lot area will be
identified with a schematic boundary. This work does not include design of
the building space itself. However, this schematic boundary would need
some guidance from the City for determining desired building and lot size.
3. Sanitary sewer extension planning
a. Review available maps, calculations, and planning documents from 2011 sewer
masterplan, Rohret South Trunk Sewer, and Land Use Plan.
b. Review and update future sewer shed boundaries and anticipated land use for
Sewer Basin 3 in collaboration with City staff.
c. Evaluate sanitary sewer sizing and routing in the vicinity of Carson Lake, from
Hwy 218 to the west end of proposed lake/park and connected to planned sewer
in "Sewer Basin 3"identified in the Master Plan. Review routing alternatives and
impacts to the proposed lake/park with the City staff and recommend planned
routing. This may include a split sewer network with one route around the north
side of the lake and the other to the south side.
d. Prepare preliminary design of sanitary sewer alignment and profile and
easement requirements in the vicinity of Carson Lake from connection at the
existing manhole near Hwy 218 to the west end of proposed lake/park.
e. Prepare an opinion of probable costs for the construction of the proposed
sanitary sewer extension.
E. Permitting
1. US Army Corps of Engineers (USACE) 404 Permit: A permit application will be
prepared and submitted to the Iowa Department of Natural Resources (Iowa DNR)
and Rock Island District Corps of Engineers through the Permit and Environmental
Review Management Tool (PERMT). All permit fees will be paid for by the City. This
•
application will be utilized for applicable Iowa DNR Flood Plain Management,
Sovereign Lands/Environmental Review, Section 401 Water Quality Certification, and
U.S. Army Corps of Engineers Section 404 permits. Consultant will act as the
Authorized Agent throughout the permitting process. During this process, Consultant
staff will respond to inquiries from the Iowa Department of Natural Resources and
Rock Island District Corps of Engineers.The Consultant will coordinate and prepare a
U.S. Army Corps of Engineers Individual Permit application package, including the
following anticipated requirements:
• a. Project description and scope statement.
b. Project purpose and need statement.
c. Development of Alternatives Analysis. A preliminary Alternatives Analysis was
developed during a previous study phase.This Alternatives Analysis will be further
expanded and refined for submittal to the USAGE.
d. Consultant will coordinate the development of a narrative and onsite alternatives
to provide evidence that an acceptable Least Environmentally Damaging
Practicable Alternative (LEDPA) does not exist.
e. Prepare a project Mitigation Plan.
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f. The Mitigation Plan will assess different options to offset impacts resulting from
the project with a recommendation to purchase offsite mitigation credits from an
approved mitigation bank.
g. Coordinate with the Iowa DNR on their review to issue a Section 401 State Water
Quality Certification for the project.
h. Respond to any public comments that are received or questions by review
agencies.
i. Assisi with the purchase of mitigation credits if approved.
j. After application submittals, Consultant will:
• Contact USACE to determine if any additional reviews/submittals are
required.
• Complete any additional environmental submittals and studies as required.
Additional Investigations beyond those listed above will be considered an
Additional Service and will be handled by an amendment to this agreement.
• Submit any additional design materials and maintain approximately bi-
weekly contact with USACE.
2. Iowa DNR Dam Safety/Floodplain Permit
a. Submit permit application, calculations, and 60% plans to Iowa DNR Dam Safety
Department for review and comment. Consultant anticipates a Dam Construction
permit will be provided in a subsequent phase of the project after 100% design
documents are submitted to DNR.
b. The dam breach analysis completed during the study phase will be utilized and
refined for submittal to DNR Dam Safety for determination of hazard classification
of the structure.
3. Johnson County Unified Development Ordinance—Sensitive Areas Report
a. A Sensitive Areas Report will be prepared and submitted according to Section
8:3.5 of the Johnson County Unified Development Ordinance. The report will
assess and document the following sensitive areas principles:
• Critical Wildlife Habitat
o Any area identified as containing threatened or endangered species as
defined in this ordinance.
• Floodplain and Floodway
o Areas that are susceptible to inundation by water as a result of a flood.
• Historic Properties
o Areas containing significant information regarding the history or prehistory
of the United States of America,the State of Iowa, and/or Johnson County.
Historic properties include historically significant structures and significant
archaeological sites.
o Coordination with the Office of State Archaeologist will be conducted.
• Prairie and Remnant Prairie
o Areas containing an association of native grasses, sedges, and broadleaf
plants. These native species are remnants of associations typical of pre-
settlement ecosystems. Conservation Reserve Program (CRP) plantings
are not considered to be prairie.
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• Savanna and Savanna Remnant
o Areas containing a mixed association of native trees in grassland
(originally prairie but may now also have domestic grass).The native trees
are open grown and are frequently oaks and hickories. For the purposes
of the Johnson County Ordinance, it includes areas of at least one (1)acre
in size.
• Significant Slopes
o Landforms that contain slopes that are at high risk to erode, slide, or
collapse. This includes protected slopes and critical slopes.
• Stream Corridors, Watercourses, and Surface Water Bodies
o Areas that store and convey surface water, including but not limited to
rivers, streams, drainageways, ponds, and lakes.
• Wetlands
o Those areas that are inundated or saturated by surface or ground water at
a frequency and duration sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation typically adapted for
life in saturated soil conditions. The diagnostic characteristics of wetlands
are vegetation, hydric soils and hydrology.
• Woodlands
o Those areas that have an association of native forest trees with a mix of
understory wildflower species.
F. Final Platting and Annexation Documents
Upon approval of the permitting phase of Carson Lake construction, Consultant to
provide the following Final Platting services:
1. Use previously completed boundary survey and preliminary plat to produce a
single final plat for the proposed area of the site.
2. Coordinate plat requirements with City Staff and Developer.
3. Complete Final Plat per City Ordinance requirements.
4. Complete a Final Plat and submit to the City of Iowa City for review meeting the
requirements of the City of Iowa City ordinance requirements.
Services include:
a. Preparation of final plat one (1) time and submittal to utility companies for
easement approval and submittal to City for approval.
b. Prepare surveyor's certificate plat documents and submit for approval by the
City.
c. Prepare final plat documents and resubmit to City Council for review and
approval.
d. Conduct a field survey to establish monumentation of the lot corners per
Code of Iowa.
e. Submit the plat to Developer's attorney for review and preparation of legal
opinion and preparation of legal documents. Developer to record bound
documents at the county recorder's office.
-8 -
5. Attendance of one (1) City Planning & Zoning Commission meeting and one (1)
City Council meeting for plat consideration.
6. Annexation Document
a. Consultant to assist the City by providing annexation document including
representative boundary diagram and description for use by the City to
conduct annexation proceedings for the Final Platted boundary. This work
does not include annexation proceedings through the State.
G. Additional Services
1. Consultant may perform the following additional services upon execution of a
written amendment to this agreement. However, these additional services shall
not be performed without prior written authorization.
a. Services Not Included. The following are additional services not included in this
consultant agreement but can be added if requested:
• Utility potholing
• Environmental services
• Easement agreements and acquisition services
• Distribution of Bidding Documents
• Construction inspection services
• Stormwater Pollution Prevention Plan (SWPPP) inspections
• Construction staking
• Auditor's Plats for owner's parcel splits.
• Materials testing
• Reestablishment of monuments and property pins
• Annexation Coordination with City or State of Iowa
- 9-
II. Time of Completion
The Consultant shall complete the following phases of the Project in accordance with the
schedule shown.
Milestone/Task Schedule
City Approval September 3, 2024
Kick off Meeting September 13, 2024
Complete Field Services October 18, 2024
Preliminary Lake Design and Preliminary Plat Development December 20, 2024
Preliminary Lake Plan and Plat Review February 2025
Permit Submittal to ACOE Mid-February 2025
Final Plat and Annexation Documents May 2025
- 10-
Ill. Compensation for Services
The City shall pay the Consultant an hourly, not-to-exceed,fee of$239,926 based upon the
Consultant Fee Schedule shown on ATTACHMENT A,attached hereto and incorporated herein.This
fee includes a$1,500 allowance for reimbursable expenses, as described in Attachment A. The table
below provides an estimated budget summary.
•Description (Consultant Services) : Fee
A. Project Coordination j $19,900
B. Field Services $20,500
C. Preliminary Lake Design and Lake Plan Development $55,000
D. Preliminary Plat Development $56,000
- Includes Preliminary Sanitary Sewer($36,000) •
E. Permitting $47,000
F. Final Plat and Annexation Documents $13,000
•
E. Reimbursable Expenses $1,500
Subtotal Consultant Services $212,900
Description (Sub-Consultant Expenses) Fee
Subconsultant Expenses: Geotechnical $18,500
•
Subconsultant Expenses: Archeological Review $8,526
•
Subtotal Sub-Consultant Expenses $27,026
Total Agreement Not-To-Exceed Fee $239,926
General Terms
A. The Consultant shall not commit any of the following employment practices and agrees
to prohibit the following practices in any subcontracts.
1. To discharge or refuse to hire any individual because of their race, color, religion,
sex, national origin, disability, age, marital status, gender identity, or sexual
orientation.
2. To discriminate against any individual in terms, conditions, or privileges of
employment because of their race, color, religion, sex, national origin, disability,
age, marital status, gender identity, or sexual orientation.
B. Should the City terminate this Agreement, the Consultant shall be paid for all services
performed up to the time of termination. However, such sums shall not be greater than
the"not-to-exceed"amount listed in Section III. The City may terminate this Agreement
upon seven (7)calendar days'written notice to the Consultant.
- 11 -
C. This Agreement shall be binding upon the successors and assigns of the parties hereto,
provided that no assignment shall be without the written consent of all Parties to said
Agreement.
D. It is understood and agreed that the retention of the Consultant by the City for the
purpose of the Project shall be as an independent contractor and shall be exclusive, but
the Consultant shall have the right to employ such assistance as may be required for
the performance of the Project.
E. It is agreed by the City that all records and files pertaining to information needed by the
Consultant for the project shall be available by said City upon reasonable request to the
Consultant. The City agrees to furnish all reasonable assistance in the use of these
records and files.
F. It is further agreed that no Party to this Agreement shall perform contrary to any state,
federal, or local law or any of the ordinances of the City of Iowa City, Iowa.
G. At the request of the City, the Consultant shall attend meetings of the City Council
relative to the work set forth in this Agreement. Any requests made by the City shall be
. given with reasonable notice to the Consultant to assure attendance. Meetings in
addition to those provided in I. Scope of Services shall be considered additional
services.
H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand
by the City, copies of all basic notes and sketches, charts, computations, and any other
data prepared or obtained by the Consultant pursuant to this Agreement without cost,
and without restrictions or limitation as to the use relative to specific projects covered
under this Agreement. In such event,the Consultant shall not be liable for the City's use
of such documents on other projects.
I. The Consultant agrees to furnish all reports, specifications, and drawings with the seal
of a licensed professional as required by Iowa law.
J. The City agrees to tender the Consultant all fees in a timely manner,excepting, however,
that failure of the Consultant to satisfactorily perform in accordance with this Agreement
shall constitute grounds for the City, upon notification to Consultant,to withhold payment
of the amount sufficient to properly complete the Project in accordance with this
Agreement.
K. Should any section of this Agreement be found invalid, it is agreed that the remaining
portion shall be deemed severable from the invalid portion and continue in full force and
effect.
L. Original contract drawings shall become the property of the City. The Consultant shall
be allowed to keep reproducible copies for the Consultant's own filing use.
M. Fees paid for securing approval of authorities having jurisdiction over the Project will be
paid by the City.
N. Upon signing this Agreement, Consultant acknowledges that Section 362.5 of the Iowa
Code prohibits a City officer or employee from having an interest in a contract with the
City and certifies that no employee or officer of the City, which includes members of the
City Council and City boards and commissions, has an interest, either direct or indirect,
- 12-
in this Agreement, that does not fall within the exceptions to said statutory provision
enumerated in Section 362.5.
O. Indemnification
1. To the full extent permitted by law, Consultant agrees to defend, indemnify, and
hold harmless the City against any and all claims, demands, suits, loss, expenses,
including attorney's fees, and for any damages which may be asserted, claimed or
recovered against or from the City by reason of personal injury, including bodily
injury or death, and property damages, including loss of use thereof, caused by
Consultant's negligent acts,errors or omissions in performing the services provided
by Consultant to the City pursuant to the provisions of this Agreement.
2. Consultant assumes full responsibility for any and all damage or injuries which may
result to any person or property by reason of Consultants negligent acts, errors or
omissions in connection with the services provided by Consultant to the City
pursuant to this Agreement and agrees to pay the City for all damages caused to
the City's premises resulting from the negligent acts, errors or omissions of
Consultant.
3. The Consultant's obligation to indemnify the City shall not include the obligation to
indemnify, hold harmless, or defend the City against lability, claims, damages,
losses, or expenses, including attorney fees, to the extent caused by or resulting
from the negligent act, error, or omission of the City.
4. For purposes of this paragraph, the term "Consultant" means and includes the
Consultant, its officers, agents, employees, sub-consultants, and others for whom
Consultant is legally liable, and the term"City"means and includes the City of Iowa
City, Iowa its Mayor, City Council members, and employees.
P. Insurance
1. The Consultant agrees at all times material to this Agreement to have and maintain
professional liability insurance covering the Consultant's liability for the Consultant's
negligent acts, errors, and omissions in the sum of $1,000,000 Per Claim,
$1,000,000 Annual Aggregate, or a $1,000,000 Combined Single Limit. To the
fullest extent permitted by applicable state law, a Waiver of Subrogation Clause
(endorsement)shall be added.
2. Consultant agrees to provide the City a certificate of insurance evidencing that all
coverages, limits, and endorsements required herein are maintained and in full
force and effect, and certificates of Insurance shall provide a minimum thirty (30)
day endeavor to notify, when available by Consultant's insurer. If the Consultant
receives a non-renewal or cancellation notice from an insurance carrier affording
coverage required herein, or receives notice that coverage no longer complies with
the insurance requirements herein, Consultant agrees to notify the City within five
(5) business days with a copy of the non-renewal or cancellation notice.
Q. Standard of Care
1. The Consultant shall perform services for, and furnish deliverables to, the City
pertaining to the Project as set forth in this Agreement. The Consultant shall
possess a degree of learning, care and skill ordinarily possessed by reputable
professionals, practicing in this area under similar circumstances. The Consultant
- 13-
shall use reasonable diligence and professional judgment in the exercise of skill
and application of learning.
2. Consultant represents that the Services and all its components shall be free of
defects caused by negligence; shall be performed in a manner consistent with the
standard of care of other professional service providers in a similar Industry and
application; shall conform to the requirements of this Agreement; and shall be
sufficient and suitable for the purposes expressed in this Agreement.
3. All provisions of this Agreement shall be reconciled in accordance with the generally
accepted standards of the Engineering Profession.
4. Consultant's obligations under this Section shall exist without regard to, and shall
not be construed to be waived by, the availability or unavailability of any insurance,
either of City or Consultant.
R. There are no other considerations or monies contingent upon or resulting from the
execution of this Agreement, it is the entire Agreement, and no other monies or
considerations have been solicited.
S. This Agreement shall be interpreted and enforced in accordance with the laws of the
State of Iowa. Any legal proceeding instituted with respect to this Agreement shall be
brought in a court of competent jurisdiction in Johnson County, Iowa. The parties hereto
hereby submit to personal jurisdiction therein and irrevocably waive any objection as to
venue therein, including any argument that such proceeding has been brought in an
inconvenient forum.
For the Cit For the Consultant
By — By 4 z"
Title: ayor Title: Proiect Manager
Date. September 03, 2024 Date: August 12, 2024
Appro
City Attorney's Office
Date
ATTAc4-0AENT A
RANGE OF HOURLY FEES SCHEDULE
Effective January 1, 2024 to December 31, 2024
Licensed Professional Engineer $107.00 to$247.00
Engineer $107.00 to$192.00
Registered Architect $107.00 to$247.00
Architect $107.00 to$192.00
Registered Landscape Architects $128.00 to$192.00
Interior Designer $107.00 to$247.00
Licensed Land Surveyors $114.00 to$192.00
Land Surveyors $ 75.00 to$162.00
Technicians $ 75.00 to$162.00
Administrative Support Staff $ 73.00
Survey Staff $164.00 to$254.00
REIMBURSABLE EXPENSES:
Mileage-Car/Truck $0.67/mile
Mileage-Survey Truck $0.77/mile
Lodging, Meals At Cost+ 10%
Airfare, Car Rental At Cost+ 10%
Prints, Plots (in-house) $ By Sq. Ft./Type
Computer Services (outside) At Cost+ 10% •
Professional Services (outside) At Cost+ 10%
Aerial Photogrammetry(outside) At Cost+ 10%
Printing, Plots, Photos (outside) At Cost+ 10%
Deliveries (outside) • At Cost+ 10%
STANDARD HOURLY FEE SCHEDULE
Effective January 1, 2025 to December 31, 2025
PROFESSIONAL STAFF: TECHNICAL STAFF:
Grade 1 $111.00 Grade 1 $ 78.00
Grade 2 $133.00 Grade 2 $ 96.00
Grade 3 $149.00 Grade 3 $109.00
Grade 4 $166.00 Grade 4 $119.00
Grade 5 $185.00 Grade 5 $132.00
Grade 6 $200.00 Grade 6 $152.00
Grade 7 $217.00 Grade 7 $168.00
Grade 8 $237.00
Grade 9 $257.00
ADMIN STAFF: $ 76.00
SURVEY STAFF:
One Person $171.00
•
Two Person $264.00
• One Person with ATV $197.00
Two Person with ATV $290.00
Drone Surveyor(Video or Photogrammetry) $210.00
Drone Surveyor(Thermography) $385.00
Reality Capture Processing $173.00
Hydrographic Survey Crew (Two Person) $333.00
Scanning Surveyor $231.00
Surveyor with Two Scanners $317.00
Surveyor with Three Scanners $405.00
Ground Penetrating Radar $172.00
REIMBURSABLE EXPENSES:
TRAVEL IN-HOUSE SERVICES
Mileage-Car/Truck $0.67/Mile Prints/Plots:
Mileage-Survey Trucks $0.77/Mile Bond $ .30/Sq. Ft.
Lodging, Meals Cost+ 10% Mylar $ .75/Sq. Ft.
Airfare Cost+ 10% Photogloss $ .90/Sq. Ft.
Car Rental Cost+ 10% Color Bond $ .60/Sq. Ft.
Foam Core Mounting $ 13.00
OUTSIDE SERVICES
Aerial Photogrammetry Cost+ 10% Color Prints:
Professional Services Cost+ 10% Letter Size $ 1.00
Prints/Plots/Photos Cost+ 10% Legal Size $ 2.00
Deliveries Cost+ 10%
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Item Number: 6.e.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
September 3, 2024
Resolution accepting the work for the storm sewer, sanitary sewer, and water main public
improvements for the residential apartment building located at 700 S. Dubuque Street, and
declaring public improvements open for public access and use.
Prepared By: Josh Slattery - Sr. Engineer
Reviewed By: Jason Havel - City Engineer
Ron Knoche - Public Works Director
Geoff Fruin - City Manager
Fiscal Impact: None
Staff Recommendation: Approval
Attachments: Engineer's Report - 700 S. Dubuque.pdf
Resolution
Executive Summary:
The construction of the storm sewer, sanitary sewer, and water main public improvements for
the residential apartment building located at 700 S. Dubuque Street have been completed in
substantial accordance with the plans and specifications on file with the Engineering Division
of the City of Iowa City.
Background /Analysis:
The residential apartment building located at 700 S. Dubuque Street is a six-story multifamily
building that contains 250 units: 48 one-bedroom units, 155 two-bedroom units, and 47 three-
bedroom units. The building is located along the east side of S. Dubuque Street between
Lafayette Street and the railroad tracks to the north.
Originally, sanitary sewer ran under the center of the new building footprint. Instead of
rerouting the sanitary sewer around the building, the sewer in the alley to the north was
removed and replaced so that it now flows in the opposite direction. A new manhole was also
added on the sanitary sewer in Lafayette Street to allow for a service connection.
Prior to the development of the site, there was no storm sewer in Lafayette Street and there
was a grate intake at the intersection of Dubuque Street and Lafayette Street. Since flooding
has been observed downstream of this location during large storm events, the storm sewer
that connected to a manhole on the west side of the intersection was abandoned, and new
storm sewer was installed to convey stormwater to the east to Ralston Creek.
n�
CITY OF IOWA CITY
410 E Washington St,
Iowa City, Iowa 52240
ENGINEER'S REPORT
August 26, 2024
Honorable Mayor and City Council
Iowa City, Iowa
Re: Residential apartment building located at 700 S. Dubuque Street
Dear Honorable Mayor and Councilpersons:
I hereby certify that the construction of the sanitary sewer, storm sewer, and
water main improvements for the residential apartment building located at 700 S.
Dubuque Street have been completed in substantial accordance with the plans
and specifications on file with the Engineering Division of the City of Iowa City.
The required maintenance bonds are on file in the City Engineer's office for the
sanitary sewer, storm sewer, and water main improvements constructed by
Maxwell Construction, Inc. of Iowa City, Iowa.
I recommend that the above-referenced improvements be accepted by the City
of Iowa City.
Sincerely,
anon Havel, P.E.
City Engineer
Prepared by:Josh Slattery,Engineering Division,410 E.Washington St., Iowa City,IA 52240(319)356-5149
Resolution No. 24-223
Resolution accepting the work for the storm sewer, sanitary
sewer, and water main public improvements for the residential
apartment building located at 700 S. Dubuque Street, and
declaring public improvements open for public access and use
Whereas, the Engineering Division has certified that the following improvements have been
completed in accordance with the plans and specifications approved by the Engineering Division.
Sanitary sewer, storm sewer, and water main improvements for the residential apartment
building located at 700 S. Dubuque Street, as constructed by Maxwell Construction, Inc. of
Iowa City, Iowa.
Whereas, the maintenance bonds have been filed in the City Engineer's office; and
Whereas, the City of Iowa City has notified those contractors listed previously of the date on which
it will consider acceptance of the aforementioned public improvements; and
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said
improvements are hereby accepted by the City of Iowa City, Iowa and that all dedications and
public improvements previously set aside as not being open for public access are hereby formally
accepted and declared open for public access and use.
Passed and approved this 3rd day of September , 20 24
1 1:1A-4-4-----
Approv d y
Attest: (1/.10 C`b G '
City lerk City Atto ey's Office
(Jennifer Schwickerath -08/29/2024)
It was moved by Bergus and seconded by Salih the Resolution be
adopted, and upon roll call there were:
Ayes: Nays: Absent:
x Alter
x Bergus
x Dunn
x Harmsen
x Moe
x Salih
x Teague
Item Number: 6.f.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
September 3, 2024
Resolution accepting the work for the City Park Festival Stage Improvements Project.
Prepared By: Ethan Yoder - Civil Engineer
Reviewed By: Jason Havel - City Engineer
Ron Knoche - Public Works Director
Geoff Fruin - City Manager
Fiscal Impact: None
Staff Recommendation: Approval
Attachments: Engineer's Report
Resolution
Executive Summary:
Work on the project was recently completed by Peak Construction Group, Inc. of North
Liberty, Iowa, in substantial accordance with the plans and specifications. The Engineer's
Report and Performance and Payment bonds are on file with the City Clerk.
Project Estimated Cost: $256,000.00
Project Bid Received: $245,500.00
Project Actual Cost: $283,808.22
There was one (1) change order on this project, which included repairs on the first level to
address additional damage discovered during construction, as well as additional lighting
controllers and fixtures
Background /Analysis:
Renovations were needed at the festival stage to improve the viewer experience and improve
the access to the crown for lighting access. As part of the project, the lighting and backstage
ventilation improvements were made to improve the experience of the actors.
S..
'` '►
CITY OF IOWA CITY
UNESCO CITY OF LITERATURE
1
ENGINEER'S REPORT
I
August 26, 2024
I
Re: City Park Festival Stage Improvements Project
i
Dear City Clerk:
I hereby certify that the City Park Festival Stage Improvements Project has been completed by
Peak Construction Group, Inc. of North Liberty, Iowa, in substantial accordance with the plans
and specifications prepared by Neumann Monson Architects of Iowa City, Iowa.
i
The project was bid as a lump sum contract and the final contract price is $283,808.22
There was a total of one (1) change or extra work order for the project as described below:
Additional repairs on the first level to address damage discovered
during construction and additional lighting controllers and fixtures $40,450.39 I
i
i
I recommend that the above-referenced improvements be accepted by the City of Iowa City.
Sincerely,
Jason Havel, E
City Engineer
i
Prepared by: Ethan Yoder Engineering Division,Public Works,410 E.Washington St., Iowa City,IA 52240(319)356-5145
Resolution No. 24-224
•
Resolution accepting the work for the City Park Festival Stage
Improvements Project
Whereas, the Engineering Division has recommended that the work for construction of the City
Park Festival Stage Improvements Project, as included in a contract between the City of Iowa City
and Peak Construction Group, Inc. of North Liberty, Iowa, dated January 25, 2024, be accepted;
and
Whereas, the Engineer's Report and the performance, payment and maintenance bond have
been filed in the City Clerk's office; and
Whereas, funds for this project are available in the Event Facility Improvements account# R4381;
and
Whereas, the final contract price is $283,808.22.
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 3rr1 day of SaptPmher , 2024
M or - 42-( StA-52
Approved by
Attest: ),j_ke ))j 1/ -- 1.
City Clerk City Attor y's Office
(Sue Dulek-08/28/2024)
It was moved by Bergus and seconded by Salih the Resolution be
adopted, and upon roll call there were:
Ayes: Nays: Absent:
x Alter
x Bergus
x Dunn
x Harmsen
x Moe
x Salih
x Teague
Item Number: 6.g.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
September 3, 2024
Resolution accepting payment of$300.00 civil penalty and waiver of right to hearing from
Crown Liquor & Smoke.
Prepared By: Rebecca Passavant, City Attorney's Office Administrative
Secretary
Fiscal Impact: No impact
Staff Recommendation: Approval
Commission Recommendations: N/A
Attachments: Resolution Accepting 1 st Offense Civil Penalty
Executive Summary:
This Resolution accepts a waiver of right to hearing and payment of a $300.00 civil penalty by
Casey's General Store #3322. The civil penalty is required by Iowa Code Section 453A.22(2)
due to a first instance of an employee selling or providing tobacco to a minor within a two-
year period.
Gt
Prepared by:Jennifer Schwickerath,Asst.City Attorney,410 E.Washington St.,Iowa City,IA 52244,319-356-5030
Resolution number: 24-225
Resolution accepting payment of $300.00 civil penalty and
waiver of right to hearing from Crown Liquor & Smoke
Whereas, on January 10, 2023, an employee of Crown Liquor LLC, DBA Crown Liquor&
Smoke, 19 Highway 1 West, Iowa City, violated Iowa Code §453A.2(1) by selling or
providing tobacco, tobacco products or cigarettes to a minor and this was the first such
violation by one of its employees in a two-year period; and
Whereas, at the time of the violation, Crown Liquor& Smoke was operating under a
retail cigarette permit issued by the City of Iowa City; and
Whereas, pursuant to Iowa Code §453A.22(2), an establishment which holds a retail
cigarette permit is subject to a civil penalty of$300.00 as a result of its employee violating
Iowa Code §453A.2(1), for a first violation within a two-year period; and
Whereas, Crown Liquor& Smoke has waived its right to the hearing required by Iowa
Code §453A.22(2) and accepted responsibility for its employee's violation of Iowa Code
§453A.2(1) by paying a $300.00 civil penalty to the City Clerk of the City of Iowa City.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that the
City Council should accept the waiver of right to hearing and payment of$300.00 civil
penalty on behalf of Crown Liquor & Smoke.
Be it further resolved, that the City Clerk will forward this Resolution to the City
Attorney's Office, which will then provide a copy of the same to the retail cigarette permit
holder via regular mail sent to the permit holder's place of business as it appears on the
application for a retail cigarette permit.
Passed and approved this 3rdday of September 2024.
i4.44.4 .""CeC52--
M r
Approved by
Attest: + C�
Cit Clerk City Attorney' Office-08/28/2024
Resolution No. 24-225
Page 2
It was moved by Bergus and seconded by Salih the
Resolution be adopted, and upon roll call there were:
Ayes: Nays: Absent:
x Alter
x Bergus
x Dunn
x Harmsen
x Moe
x Salih
x Teague
Item Number: 6.h.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
September 3, 2024
Resolution accepting payment of$300.00 civil penalty and waiver of right to hearing from
Casey's General Store #3322.
Prepared By: Rebecca Passavant, City Attorney's Office Administrative
Secretary
Fiscal Impact: No impact
Staff Recommendation: Approval
Commission Recommendations: N/A
Attachments: Resolution Accepting 1 st Offense Civil Penalty
Executive Summary:
This Resolution accepts a waiver of right to hearing and payment of a $300.00 civil penalty by
Casey's General Store #3322. The civil penalty is required by Iowa Code Section 453A.22(2)
due to a first instance of an employee selling or providing tobacco to a minor within a two-
year period.
1
1p I,
Prepared by:Jennifer Schwickerath,Asst.City Attorney,410 E.Washington St.,Iowa City,IA 52244,319-356-5030
Resolution number: 24-776
Resolution accepting payment of $300.00 civil penalty and
waiver of right to hearing from Casey's General Store #3322
Whereas, on May 30, 2024, an employee of Casey's Marketing Company, DBA Casey's
General Store #3322, 1904 Broadway Street, Iowa City, violated Iowa Code §453A.2(1)
by selling or providing tobacco, tobacco products or cigarettes to a minor and this was the
first such violation by one of its employees in a two-year period; and
Whereas, at the time of the violation, Casey's General Store #3322 was operating under
a retail cigarette permit issued by the City of Iowa City; and
Whereas, pursuant to Iowa Code §453A.22(2), an establishment which holds a retail
cigarette permit is subject to a civil penalty of$300.00 as a result of its employee violating
Iowa Code §453A.2(1), for a first violation within a two-year period; and
Whereas, Casey's General Store #3322 has waived its right to the hearing required by
Iowa Code §453A.22(2) and accepted responsibility for its employee's violation of Iowa
Code §453A.2(1) by paying a $300.00 civil penalty to the city-Clerk of the City of Iowa
City.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that the
City Council should accept the waiver of right to hearing and payment of$300.00 civil
penalty on behalf of Casey's General Store #3322.
Be it further resolved, that the City Clerk will forward this Resolution to the City
Attorney's Office, which will then provide a copy of the same to the retail cigarette permit
holder via regular mail sent to the permit holder's place of business as it appears on the
application for a retail cigarette permit.
Passed and approved this 3rdday of September 2024.
M Or!r
Approved by
Attest: 14.11,
City Clerk City Attorney' Office—08/28/2024
Resolution No. 24-226
Page 2
It was moved by Bergus and seconded by Salih the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Alter
x Bergus
x Dunn
x Harmsen
Moe
x Salih
x Teague
Item Number: 6.i.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
September 3, 2024
Resolution accepting payment of$1,500.00 civil penalty and waiver of right to hearing from
Casey's General Store #3858.
Prepared By: Rebecca Passavant, City Attorney's Office Administrative
Secretary
Fiscal Impact: No impact
Staff Recommendation: Approval
Commission Recommendations: N/A
Attachments: Resolution Accepting 2nd offense Civil Penalty
Executive Summary:
This Resolution accepts a waiver of right to hearing and payment of a $1,500.00 civil penalty
by Casey's #3858. The civil penalty is required by Iowa Code Section 453A.22(2) due to a
second instance of an employee selling or providing tobacco to a minor within a two-year
period.
tP `
Prepared by:Jennifer Schwickerath,Asst. City Attorney,410 E.Washington St., Iowa City, IA 52244, 319-356-5030
Resolution number: 24-227
Resolution accepting payment of $1 ,500.00 civil penalty and waiver of
right to hearing from Casey's General Store #3858
Whereas, on May 30, 2024, an employee of Casey's Marketing Company, DBA Casey's General
Store #3858, 370 Scott Court, Iowa City, violated Iowa Code §453A.2(1) by selling or providing
tobacco, tobacco products or cigarettes to a minor and this was the second such violation by one of
its employees in a two-year period; and
Whereas, at the time of the violation, Casey's General Store#3858 was operating under a retail
cigarette permit issued by the City of Iowa City; and
Whereas, pursuant to Iowa Code§453A.22(2), an establishment which holds a retail cigarette permit
is subject to a civil penalty of$300.00 as a result of its employee violating Iowa Code §453A.2(1),
after a hearing and proper notice, and the civil penalty for a second violation within a two-year period
is, at the retailer's option, $1,500.00 or a thirty-day permit suspension; and
Whereas, Casey's General Store #3858 has waived its right to the hearing required by Iowa Code
§453A.22(2) and accepted responsibility for its employee's violation of Iowa Code §453A.2(1), by
paying a $1500.00 civil penalty to the City Clerk of the City of Iowa City.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that the City
Council should accept the waiver of right to hearing and payment of$1500.00 civil penalty on
behalf of Casey's General Store #3858.
Be it further resolved that the City Clerk will forward this Resolution to the City,Attorney's Office,
which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent
to the permit holder's place of business as it appears on the application for a retail cigarette permit.
Passed and approved this 3rdday of September 2024.
-e-°8(-1"2"--
Approved by
Attest: Q,_Q G
City Clerk City Attorn 's Office- 08/28/2024
Resolution No. 24-227
Page 2
It was moved by Bergus and seconded by Salih the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Alter
x Bergus
x Dunn
x Harmsen
x Moe
x Salih
Teague
Item Number: 6.j.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
September 3, 2024
Resolution accepting payment of$1,500.00 civil penalty and waiver of right to hearing from
Kum & Go #3502.
Prepared By: Rebecca Passavant, City Attorney's Office Administrative
Secretary
Fiscal Impact: No impact
Staff Recommendation: Approval
Commission Recommendations: N/A
Attachments: Resolution Accepting 2nd offense Civil Penalty
Executive Summary:
This Resolution accepts a waiver of right to hearing and payment of a $1500.00 civil penalty
by Iowa City Fast Break. The civil penalty is required by Iowa Code Section 453A.22(2) due
to a second instance of an employee selling or providing tobacco to a minor within a two-year
period.
Prepared by:Jennifer Schwickerath,Asst. City Attorney,410 E.Washington St., Iowa City, IA 52244,319-356-5030
Resolution number: 24-228
Resolution accepting payment of $1 ,500.00 civil penalty and waiver of
right to hearing from Kum & Go #3502
Whereas, on May 30, 2024, an employee of Kum & Go LC, DBA Kum & Go#3502, 2303 Muscatine
Ave, Iowa City, violated Iowa Code §453A.2(1) by selling or providing tobacco, tobacco products or
cigarettes to a minor and this was the second such violation by one of its employees in a two-year
period; and
Whereas, at the time of the violation, Kum & Go #3502 was operating under a retail cigarette
permit issued by the City of Iowa City; and
Whereas, pursuant to Iowa Code§453A.22(2), an establishment which holds a retail cigarette permit
is subject to a civil penalty of$300.00 as a result of its employee violating Iowa Code §453A.2(1),
after a hearing and proper notice, and the civil penalty for a second violation within a two-year period
is, at the retailer's option, $1,500.00 or a thirty-day permit suspension; and
Whereas, Kum & Go#3502 has waived its right to the hearing required by Iowa Code §453A.22(2)
and accepted responsibility for its employee's violation of Iowa Code §453A.2(1), by paying a
$1500.00 civil penalty to the City Clerk of the City of Iowa City.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that the City
Council should accept the waiver of right to hearing and payment of$1500.00 civil penalty on
behalf of Kum & Go #3502.
Be it further resolved, that the City Clerk will forward this Resolution to the City Attorney's Office,
which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent
to the permit holder's place of business as it appears on the application for a retail cigarette permit.
Passed and approved this 3rd day of Septembs024.
M �0- -"-t--
Approved by
Attest: H ..G I' � .�c',P, / '
City Clerk City Attorne s ice- 08/28/2024
Resolution No. 24-228
Page 2
It was moved by Bergus and seconded by Salih the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x _ Alter
x Bergus
x Dunn
x Harmsen
x Moe
x Salih
x Teague
Item Number: 6.k.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
September 3, 2024
Resolution adopting a policy for use of public right-of-way and City Plaza for sidewalk cafes
and rescinding Resolution No. 23-119.
Prepared By: Ron Knoche — Public Works Director
Reviewed By: Geoff Fruin - City Manager
Fiscal Impact: None
Staff Recommendation: Approval
Commission Recommendations: N/A
Attachments: Resolution
SW Cafe Policy - 2024 FINAL 8 28 2024
Executive Summary:
The City Code provides the basic framework for regulating sidewalk cafes, and the details are
set forth in a policy adopted by Council resolution. The 2024 Sidewalk Cafe Policy will
require the cafe to be detached from building face and prohibit anchored fencing on Dubuque
Street between Washington Street and Iowa Avenue. In specific circumstances, the revised
policy will allow for a sidewalk cafe to extend beyond a building line extended by less than
five feet (5') with the consent of the adjacent property owner and first floor tenant.
Background /Analysis:
With the reconstruction of Dubuque Street between Washington Street and Iowa Avenue, the
sidewalk cafe policy should be updated to require cafes to be detached from the building face
and anchored fencing to be prohibited. These were the same requirements that were added
after the reconstruction of Washington Street between Clinton Street and Linn Street.
Prior to the reconstruction of Dubuque Street, there were two establishments that had a
sidewalk cafe and street cafe. By policy, street cafes are only allowed when an
establishment has less than 120 square feet of useable space for a sidewalk cafe. With the
reconstruction project, the useable space for a sidewalk cafe is greater than 120 square feet.
For one of the establishments, the new sidewalk cafe area is less than what was previously
available total area of sidewalk cafe plus street cafe. This updated policy will allow for an
establishment impacted by a City construction project to have a sidewalk cafe extend beyond
the building line extended by less than five feet (5') with the consent of the adjacent property
owner and first floor tenant.
Prepared by:Ronald R.Knoche,Public Works Director,410 East Washington Street,Iowa City, Iowa 52240,(319)356-5138
Resolution No. 24-229
Resolution adopting a policy for use of public right-of-way and City
Plaza for sidewalk cafés and rescinding Resolution No. 23-119.
Whereas, sidewalk cafés are a use of public right-of-way and City Plaza, aka the ped mall; and
Whereas, in Resolution 23-119, the City Council adopted a policy for sidewalk cafés; and
Whereas, with the reconstruction of Dubuque Street between Washington Street and Iowa Avenue,
the sidewalk cafes should be required to be detached from the building face and anchored fencing
should be prohibited; and
Whereas, an establishment with an existing sidewalk café and street safe that is impacted by a City
construction project should be allowed to have a revised sidewalk café area to extend beyond the
building line extended by less than five feet(5')with the consent of the adjacent property owner and
first floor tenants; and
Whereas, the City should adopt the revised policy which is attached to this resolution.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
1. The attached "Sidewalk Café Policy" is adopted.
2. Resolution No. 23-119 is rescinded.
Passed and approved this 3rd day of September 2024.
M or
9 Approved by
Attest: 1
City lerk City Attar y's Office
(Sue Dulek-08/28/2024)
It was moved by Bergus and seconded by Salih the Resolution be
adopted, and upon roll call there were:
Ayes: Nays: Absent:
x Alter
x Bergus
x Dunn
x Harmsen
x Moe
g Teague
X Salih
SIDEWALK CAFÉ POLICY
(adopted Res. No. 24-229)
In addition to the policy set forth below, sidewalk cafes are governed by Section 10-3-3 of the City
Code, which is set forth below at the end of the policy.
Location
1. Sidewalk cafes may be located in the public right of way only in the CB-2, CB-5 and CB-10
zones (the downtown and the commercial areas directly north and south of the downtown)
and in Riverfront Crossings. Sidewalk cafes may be located in other zones if the café owner
does not hold an alcohol permit.
2. In City Plaza (a/k/a, the ped mall), cafes may be located in either zone 1 or zone 2 if in
conjunction with zone 1. Zone 1 is the area within ten feet (10') of the buildings. Zone 3 is
the emergency/service lane through the middle of City Plaza. Zone 2 is the remaining area.
For the specific definitions of the zones in City Plaza, see Section 10-5-1 of the City Code.
Easement Agreement
1. The agreement shall be between the City and the café owner with the approval of the owner
of the retail space where the restaurant is located, if different than the café owner.
2. The agreement shall provide that no property right is conferred and that it may be terminated
if the City determines that the right of way is needed.
3. The agreement shall include provisions for insurance, indemnification,fencing, maintenance,
including vegetation and the subsurface if applicable, and any other reasonable provision as
determined by the City Manager, or designee.
4. Except for Minor Cafes, the agreement shall include a stamped professional drawn
schematic diagram that shows that the café, and platform if applicable, comply with this policy
and the City Code. Except for cafes on City Plaza, the design shall include all existing
streetscape amenities and utility features (such as valves and manholes) within eight feet
(8') of the proposed café.
5. Except for cafes located on the street,the agreement shall be issued from February 1 through
January 31. The initial agreement may be less than the one year, but shall expire on January
31.
6. The agreement shall be recorded at the café owner's expense.
Operation of Sidewalk Cafes
1. Advertising shall not be permitted in the sidewalk cafe area except for the name of the
establishment on chairs, tables, umbrellas or other amenities, as approved by the City.
2. No blockage of building entrances or exits is permitted in a sidewalk cafe area.
3. Additional restroom capacity may be required to comply with local building and housing
codes.
4. Occupancy limits are determined as set forth in the City building code.
5. No additional parking is required for the operation of a sidewalk cafe.
6. Sidewalk cafes are subject to annual inspections and may be inspected at any other time at
the City's discretion.
1
7. The sidewalk café owner is responsible for trash removal and shall maintain the area and
surrounding six feet (6') in a clean and litter free manner during all hours of operation.
8. All sidewalk cafes must meet the accessibility standards of City, State, and federal law.
9. All outdoor heating units must be approved by the Fire Department.
10. The sidewalk café owner must contract with a commercial waste hauler for the collection of
its solid waste, recyclables, and if used in its operation grease/cooking oil. The café owner
must provide a copy of the contract to the City promptly upon request. The café owner's
account with the waste hauler must remain in good standing with no past due
balance. This requirement is effective June 1, 2023.
Usable Sidewalk Cafe Area
1. In the CB-10 zone with the exception of City Plaza, a sidewalk cafe area may not extend onto
the sidewalk in a manner that will not allow a minimum of eight feet (8') of unobstructed
walkway on the side of the cafe that is parallel to the building. The eight-foot(8')unobstructed
walkway does not apply to cafes located on the street. Cafes located on Washington Street,
between Clinton Street and Linn Street, and on Dubuque Street, between Washington Street
and Iowa Avenue, must be detached from the building face and there must be a minimum of
eight feet (8') of unobstructed walkway between the building face and the side of the café.
2. In City Plaza, there must be a minimum of six feet(6') of unobstructed walkway between the
side of the café and an elevated planter if the café abuts the building. If the café does not
abut the building, the café may abut a planter if there is a minimum of six feet (6') of
unobstructed walkway between the café and the building face and six feet (6') of walkway
along any other side of the café opposite of the planter.
3. In all zones but the CB-10 zone and Riverfront Crossings District, the minimum of eight feet
(8')of unobstructed sidewalk is not required if the existing sidewalk is less than eight feet(8')
in width. If the sidewalk is less than eight feet (8') in width, a sidewalk cafe may not extend
into or encompass in any manner the existing sidewalk and may not impede pedestrian
traffic.
4. A sidewalk cafe area may not be located in the street corner area defined by building line
extended to the street and no closer than ten feet (10') from an alley. However, a cafe may
be located between two feet (2') and ten feet (10') from an alley if the fencing located within
ten feet (10') is a type that is less than twenty percent (20%) solid.
5. A sidewalk café may not extend beyond the building line extended, except for those in a
planter. If an establishment was allowed to operate a café in the street prior to a City
construction project and the City construction project increases the available room on the
sidewalk for a café to an area of at least one-hundred and twenty square feet(120 sq. ft.) but
the available room for the sidewalk café is less than the original permitted area for the
sidewalk café plus street café, the café may extend beyond the building line extended with
the consent of the adjacent property owner and first floor tenants, if any, the café may extend
beyond the building line extended if the distance is less than five feet(5').
6. A sidewalk café serving alcohol shall be contiguous with a side of the building wherein the
establishment is located. The contiguous requirement may be satisfied by a five foot (5')
wide pathway connecting the building to the café. The pathway area shall be under the
control of the establishment and is subject to the annual fee.
7. A café on the sidewalk that does not abut the building must be located a minimum of two feet
(2') from the curb as measured by the City, except for unique circumstances (such as being
adjacent to a street café) as determined solely by the City Manager or designee.
2
Minor Cafes
1. A Minor Café is a café:
a. Without an alcohol permit; and
b. With no more than two (2) bistro tables and no more than two (2) chairs per table.
2. A Minor Café may be located throughout the City.
3. The City Manager, or designee, will determine if the easement area is located flush with
the building face or adjacent to the curb.
4. Fencing is not required nor is any other form of delineation.
Public Amenities and Utilities
1. Except as provided herein, a sidewalk cafe shall not utilize or encompass any public
amenities, including, but not limited to, benches, seats, tables, trash receptacles, public art,
bike racks, water spigots, kiosks, posting pillars, and pergolas. The City Manager or
designee may approve the utilization, encompassing, or relocation of a public amenity on the
condition that the cafe owner pay all associated costs.
2. A sidewalk cafe may encompass trees, tree rings, light poles, water valves, manholes, and
stormwater intakes but shall not interfere with their care, maintenance or operation. Access
shall be available to the City for their care and maintenance.
3. Amenities, including trees, tree rings and light poles, shall be considered obstructions for
purposes of the requirements of the eight foot (8') unobstructed walkway.
4. The amenities used in the sidewalk cafe area shall be maintained in good condition.
5. Upon payment of the electricity fee, the café owner may use the City's electrical outlet but
only for lights.
Fencing (For Cafes Not on the Street)
1. Except during the term of the initial easement agreement and from December 1 to February
28 thereafter and except as provided herein for cafes located on City Plaza and on
Washington St., the area for a sidewalk cafe shall be delineated by anchored fencing. During
the initial easement agreement and from December 1 to February 28, said area may be
delineated by ropes or some other suitable method which shall be detectable by pedestrians
who are visually impaired. Temporary fencing must be removed each evening.
2. Fencing shall be constructed of a durable material, such as steel, aluminum, or wrought iron.
Wood fencing shall not be allowed. The City shall approve the design.
3. If stored outdoors, tables, chairs, and other items shall be secured within the approved
fencing at the end of each day's operation so that they are unusable and shall not block or
obstruct emergency exits. If ropes or some other suitable method is used, tables, chairs and
other items shall be removed at the end of the day's operation, and the sidewalk cafe area
shall be restored to its normal condition as a pedestrian way.
4. The café owner shall be responsible for any damages to the public right of way caused by
the placement of any anchored fencing.
5. Planters with flowers and/or other vegetation are allowed as an alternative to temporary and
fencing to delineate the sidewalk cafe. The design of the planters shall be approved by the
City Manager, or designee, subject to the following limitations:
3
a. The planters shall, at the cafe owner's option, be either fastened to each other or removed
from the sidewalk or City Plaza at the end of the day's operation along with the tables,
chairs, and other items.
b. The planters shall not be less than twenty-seven inches (27") or more than thirty-six
inches (36") in height excluding plantings.
c. The planters shall be either metal or have a metal frame.
6. Anchored fencing on a concrete platform or within a planter may remain year around.
7. Notwithstanding any other provision herein, anchored fencing is prohibited in City Plaza, on
Washington Street, from Clinton Street to Linn Street, and on Dubuque Street, from
Washington Street to Iowa Avenue. All fencing in those locations must be approved by the
City Manager, or designee. All 4 (four) sides of the approved fence must be connected to
one another to prevent movement of the fencing and said connection must be approved by
the City Engineer or designee.
8. Fencing is not required for Minor Cafes.
Platforms (For Cafes Not on the Street)
1. Sidewalk cafes may be located on a platform on top of a public sidewalk if the City Manager
or designee determines there is excessive slope in the sidewalk and approves the design
and if suitable access is provided for persons with disabilities.
2. With the approval of the City Manager or designee, a sidewalk café located within an elevated
planter may extend beyond the parameters of the planter if the extension of the café is not
greater than the sidewalk café area within the planter. All other requirements stated in this
policy, such as clear walkways, must be met, however, the excessive slope requirement
stated in Platforms (For Cafes Not on the Street) - Paragraph 1 would be waived. This
platform may remain year around.
3. Sidewalk cafes may be located on a concrete platform in the right of way that is not a public
sidewalk if the City Manager or designee approves the concrete design and if suitable access
is provided for persons with disabilities. Fencing shall not be more than three feet (3') in
height, measured from the plane on which the chair sits to the top of the railing, excluding
finials.
Planters
1. Sidewalk cafes currently in planters are allowed to continue to encompass or utilize the
elevated planters. Similarly, if the restaurant operating the current sidewalk café closes and
a new restaurant wishes to operate a sidewalk café in the same manner and in the same
planter, the successor restaurant may continue to encompass or utilize the planter. However,
no additional planters may be encompassed or utilized by a sidewalk café. The remaining
policy on planters applies to existing sidewalk cafes and their successor restaurants, if any.
2. A sidewalk cafe may encompass or utilize an elevated planter if the proposed cafe meets the
following criteria, as determined solely by the City:
a. It does not interfere with pedestrian movement.
b. It does not adversely affect drainage.
c. It does not adversely affect public or city utilities.
d. It does not adversely affect trees, shrubs or other plantings.
4
e. It enhances the appearance of the surrounding area, and if in City Plaza, it enhances
the use of City Plaza.
f. It does not interfere with the functionality of any other existing sidewalk cafe.
g. It is not otherwise contrary to public interest.
3. If utilizing two planters, the area between the planters shall be included in the sidewalk cafe
area but need not be delineated as such unless tables and chairs are present.
4. With the consent of the adjacent property owner and first floor tenants, if any, the café may
extend beyond the building line extended if the distance between the planter and the building
line extended is less than ten feet (10'). The café may extend beyond additional building
lines extended with the consent of those property owners and first floor tenants, if any.
5. The cafe owner shall pay all costs associated with the cafe including, but not limited to, the
cost to move water mains and water service lines, to remove and plant vegetation, to move
electrical outlets, and to cut and restore the limestone.
6. The City may require the café owner to add plantings within the café area at the café owner's
cost.
7. If a ramp is required in order to provide ADA accessibility to a café located within a planter,
and it is determined by the City Manager or designee that ADA accessibility cannot be
obtained by incorporating the ramp within the planter area, an accessibility ramp may be
placed outside of the planter area in a manner approved by the City Manager or designee.
Cafes on the Street
1. An establishment cannot operate a café in the street if there is sufficient room on the sidewalk
for a café with an area of at least one-hundred twenty square feet (120 sq. ft.).
2. There shall be a minimum four feet (4') buffer on either end of the café for safety reasons.
These buffers shall be established and maintained by the City and may be used for moped
parking and/or bicycle parking. The buffer is subject to the annual fee. As used in this policy,
the term sidewalk café area does not include the 4-foot buffer.
3. The sidewalk café area may not include the portion of the parking space beyond the building
line extended. The 4-foot buffer may be located beyond the building line extended.
4. Cafes, including the 4-foot buffer, in each block face cannot utilize more than thirty percent
(30%) of the total parking spaces in that block face.
5. Cafes cannot be located in loading zones.
6. Cafes cannot be set up before April 1 and shall be removed no later than the Tuesday
following the last University of Iowa home football game. Cafes may have to be removed
temporarily at the café owner's sole expense to accommodate an event on the street
permitted by the City (e.g., criterium).
7. The portion of the café located on the street shall be on a platform. The design features of
the platform shall be submitted with the application and the design shall be stamped by a
professional engineer or architect. The platform shall not impede drainage in the street
gutter.
8. The area for a sidewalk cafe shall be delineated by anchored fencing. Fencing shall be
constructed of a durable material, such as steel, aluminum, or wrought iron. Wood fencing
shall not be allowed. The City shall approve the design.
5
9. If stored outdoors, tables, chairs, and other items shall be secured within the anchored
fencing at the end of each day's operation so that they are unusable.
10. The fee shall be a combination of the following four (4) fees: a) the annual square footage
"right of way" fee for the portion of the café located on the sidewalk and the area satisfying
the contiguous requirement; b) the annual square footage "platform" fee for portion of the
café located on the street and any portion that is be located on the sidewalk; c) the daily fee
for each parking space regardless of the amount of the parking space that the café utilizes;
and d) bollard fee.
11. There is no guarantee that the City will continue to authorize cafes in the street. The café
agreement will include a paragraph in substantial compliance with the following:
Café owner further acknowledges and agrees that no property right is conferred by this
agreement for the use of portions of the public right-of-way, that the City is not empowered
to grant permanent or perpetual use of its right-of-way for private purposes, that the City
may order said locations and/or uses within the right-of-way to cease and desist if, for any
reason, the City determines that said right-of-way is needed for a public use and should be
cleared of any and all obstructions, and that the café owner shall not be entitled to any
compensation should the City elect to do so.
The "30% limitation" limits the number of establishments that will be allowed to operate a
café on the street, and cafes on the street will entail a substantial financial investment. To
address these opposing concerns, a priority system and a lottery will be used. The City will
provide information on the lottery and the priority system on its website.
Lottery. The logistics and deadlines for the lottery are as follows:
• February 1. In order to be eligible for the lottery, an application with a preliminary(does
not have to be drawn by a professional) schematic diagram must be submitted by this
date. Applications received after February 1st will be considered on a first come, first
serve basis and will be denied if there is no available space.
• February 15. If there are competing applications, staff will notify the applicants by this
date whether they have been selected to enter into easement agreements. Competing
applications mean when there are applications for more than 30% of the parking spaces
within a block face. The City will conduct a lottery to select applicants.
• March 15. The applicant must sign an easement agreement by this date, which is
dependent upon staff approval of its schematic diagram (drawn by a professional) and
payment of all fees (except the parking space fee that will not be known until the platform
is installed). If an applicant does not meet the March 15 deadline, staff will notify the next
applicant that it is eligible for a café on the street.
• April 15. The next applicant must sign an easement agreement by this date.
Note: If one of these dates falls on a weekend, the applicable deadline will be the
following Monday.
Priority. If a café owner enters into an easement agreement with the City, said café owner
will have priority over subsequent applicants for a café within the same block face for the
following two calendar years, assuming that the City continues to authorize cafes in the street
(see Paragraph 12 above). The priority is to the individual business owner of said cafe and
cannot be assigned or sold to another café owner.
6
Fees
1. Annual fee for sidewalk cafes located directly on the public right-of-way: $5.00 per square
foot.
2. Annual fee for Minor Café: $25.00.
3. Annual fee for sidewalk cafes located on a structure/platform (including concrete platform)
placed on the public right-of-way: $10.00 per square foot.
4. Annual fee for the area of the sidewalk cafe utilizing an elevated planter on the public right-
of-way: $10.00 per square foot. The annual fee for the portion of a "planter" sidewalk cafe
that is not located on the elevated planter: $5.00 per square foot.
5. Annual fee for a sidewalk café located on the street: $5.00 per square foot for the area
located on the sidewalk plus $10.00 square foot for the area located on the platform on the
street plus daily fee for each parking space as set forth in the City Code (presently, $20.00
per day)for every day the platform is on the street plus bollard fee.
6. Deposit for sidewalk cafes which place a structure/platform on the public right-of-way that
remain on the right-of-way year-round, regardless of whether anchored fencing is used:
$500.00. This deposit shall be refunded if the structure/platform is removed, and the right-of
way is restored to its prior condition by the sidewalk café owner to the satisfaction of the City.
7. Deposit for sidewalk cafes which utilize an elevated planter or placement of a concrete
platform in the public right-of-way that remain on the right-of-way year-round: $1,000.00.
This deposit shall be refunded if the platform or concrete is removed, and the right-of-way is
restored to its prior condition by the sidewalk café owner to the satisfaction of the City.
8. If the initial easement agreement is for less than one season, the fees listed in Paragraphs
1-4 above shall be prorated on a quarterly basis.
9. Electricity fee for using electrical outlet for lights for cafes in planters: $45 per year.
10. Bollard Fee: Actual cost of the bollards based on a five (5) year life cycle plus one (1) hour
labor at the MWII pay grade to install, maintain, and remove the 4-foot buffer. If the platform
is removed temporarily during the year, the labor fee is assessed again when the platform is
reinstalled. A minimum of two (2) bollards will be required, and the City shall determine if
additional bollards are needed.
11. Recording fee for the easement agreement: Actual fee charged by County Recorder.
•
City Manager
•
1. The City Manager is authorized to approve any other provision or require any other restriction
regarding the use of the public right of way by a sidewalk café that is not inconsistent with
this policy or the City Code.
7
Section 10-3-3 of the City Code
A. Except as provided herein, sidewalk cafes are permitted in the public right of way only in the
(CB-2, CB-5 and CB-10 zones) and in the Riverfront Crossings District. Sidewalk cafes are
permitted in other zones if the restaurant does not hold an alcohol license. In said other
zones, the City Manager, or designee, may limit the hours of operation to fewer than those
allowed herein and impose limitations on the operation of the sidewalk cafe which are more
restrictive than the policy adopted by Council resolution.
B. No person shall operate a sidewalk café without executing an easement agreement.
C. Each sidewalk café applicant shall file an application for an easement agreement with the
Public Works Department, on forms provided by the City.
D. The City Manager, or designee, shall either grant or deny the application within thirty (30)
days of the application being filed. If the application is granted, the City Manager, or designee,
is authorized to enter into a public right of way easement agreement. If the application is
denied, the applicant may appeal to the City Council by filing a written appeal with the City
Council, and the appeals process shall be the same as provided for mobile vendors in this
chapter. The City retains the right to limit the number of sidewalk cafes.
E. After execution of an easement agreement, the City Manager, or designee, shall retain the
right to terminate the easement agreement but only after written notice of violation has been
given and the time to cure the violation has expired. Grounds for termination of the easement
agreement shall include, but not be limited to, repeated violations of the state and liquor
control laws, violations of the easement agreement, and creating a safety hazard, health
hazard and/or public nuisance under state or local law. Additionally, the City Manager, or
designee, retains the right to terminate the easement agreement and direct removal of
sidewalk cafe operations if there is a substantial and reasonable need for use of the public
right of way for a valid public purpose. The cafe owner has the right to appeal a decision to
terminate the agreement to the City Council. The appeals process shall be the same as
provided for mobile vendors in this chapter.
F. The easement agreement, at a minimum, shall require the café operator to provide a
certificate of insurance satisfactory to the City, and shall agree to hold the City harmless
against any and all liability arising from or relating to the operation of the sidewalk cafe or the
location of the cafe on the public right of way including, but not limited to, all claims arising
from occurrences or accidents within the sidewalk cafe area, including the walkway through a
café.
G. Sidewalk cafes shall operate only between the hours of seven o'clock(7:00)A.M. and twelve
o'clock (12:00) midnight.
H. Food and beverages must be available for service to patrons in a sidewalk cafe during all
hours of operation. Sidewalk cafes shall not operate when the restaurant kitchen is closed.
I. A sidewalk cafe serving alcoholic beverages shall have an employee monitoring the area at
all times during the hours alcohol is consumed and shall dispense any alcoholic beverage
under state and local law
J. Amplified sound equipment shall not be permitted.
K. The operation of any sidewalk cafe shall be in conformity with all applicable federal, state, and
local laws and regulations.
M. All fees for the operation of a sidewalk café shall be set by resolution.
8
N. The City Manager is authorized to establish administrative rules not inconsistent with any
ordinance or policy adopted by the City Council. A copy of the policy and rules shall be on
file with the City Clerk and available of the City website.
9
Item Number: 7.a.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
September 3, 2024
Resolution setting a public hearing on September 17, 2024 on amending the Fiscal Year 2025
Operating Budget.
Prepared By: Nicole Davies, Finance Director
Reviewed By: Geoff Fruin, City Manager
Fiscal Impact: FY25 budget revisions are funded through new revenues or
available fund balance.
Staff Recommendation: Approval
Commission Recommendations: N/A
Attachments: Notice of Public Hearing
FY25 Budget Amendment #1
Resolution Setting Public Hearing to Amend FY25 Budget
Executive Summary:
The Finance Department requests the City Council to set a public hearing for consideration of
amending the fiscal year 2025 annual budget on September 17, 2024. This is the first budget
amendment for fiscal year 2025.
Background /Analysis:
Budget amendments are submitted to the Finance Department and reviewed for approval by
the Finance Director and City Manager. Requests to carry appropriations over from one year
to the next are also submitted and approved in the same manner. A formal recommendation
for a budget amendment is then prepared for City Council approval.
The State of Iowa allows cities to amend the annual operating budget for supplemental
appropriation authority. These changes may include new or revised revenue and
expenditure projections, transfers between funds, and capital improvement plan changes.
Increased expenditures must utilize available fund balance or additional revenue sources, as
the State does not allow amendments to increase property taxes. According to the City's
financial policies, amendments to operating budgets will be made only in the following
situations:
emergency situations
transfer from contingency
expenditures with offsetting revenues or fund balance
carry-over of prior year budget authority for expenses that had not been paid as of the end of
the fiscal year.
This proposed budget amendment increases overall revenues and transfers-in by
$51,636,581, as shown on Line 15 of the attached notice (see Revenues & Other Financing
Sources, lines 1-15). The majority of the increase of revenues being amended is for
intergovernmental revenues, transfers in, and other financing sources. Intergovernmental
revenues (line 9) are being increased by $9,904,371, which primarily represents State and
Federal grants on capital projects and HOME/CDBG revenues that are being carried forward
from the prior year. Other Financing Sources (line 13) is being amended by $32,264,690,
which primarily represents bond funding for wastewater projects. Transfers in (line 14) are
being amended by $7,595,910 for capital improvement projects. Additionally, Miscellaneous
Revenues (line 12) are being amended by $1,871,610 for capital improvement projects.
The section entitled Expenditures & Other Financial Uses (lines 16-28) provides for an
increase in appropriations of $126,337,489. The majority of the increase in appropriations is
for the Business Type/Enterprise program (line 25) and totals $63,669,539. The increase in
this program primarily reflects the carry forward of utility fund capital improvement projects
from prior years. The next largest increase in appropriations is related to governmental
capital improvement projects that are being carry forward from prior years (line 23) and total
$38,305,860. The last significant increase is for the Community and Economic Development
program (line 20) and totals $15,577,278. This primarily reflects the carry forward of
appropriations for the ARPA funding received, as well as, CDBG/HOME programs and the
South District home program.
The net budgeted result to fund balances is a reduction of $74,700,908 (line 29). This
reduction will be covered through excess fund balances and bond funds and will not affect
property tax revenues or levies. The Notice of Public Hearing for the first budget amendment
of fiscal year 2025 is attached to this memo along with a detailed list of the individual
amendments.
NOTICE OF PUBLIC HEARING-AMENDMENT OF CURRENT BUDGET
City of IOWA CITY
Fiscal Year July 1,2024-June 30,2025
The City of IOWA CITY will conduct a public hearing for the purpose of amending the current budget for fiscal year ending June 30,2025
Meeting Date/Time: 9/17/2024 06:00 PM I Contact: Kellie Grace Phone: (319)356-5041
Meeting Location: Emma Harvat Hall,410 E.Washington St., Iowa City
There will be no increase in taxes.Any residents or taxpayers will be heard for or against the proposed amendment at the time and place specified above.A
detailed statement of:additional receipts,cash balances on hand at the close of the preceding fiscal year,and proposed disbursements,both past and
anticipated,will be available at the hearing. 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 https://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 68,821,450 0 68,821,450
Less: Uncollected Delinquent Taxes-Levy Year 2 0 0 0
Net Current Property Tax 3 68,821,450 0 68,821,450
Delinquent Property Tax Revenue 4 0 0 0
TIF Revenues 5 4,388,100 0 4,388,100
Other City Taxes 6 3,576,298 0 3,576,298
Licenses&Permits 7 2,122,880 0 2,122,880
Use of Money&Property 8 3,171,385 0 3,171,385
Intergovernmental 9 65,768,611 9,904,371 75,672,982
Charges for Service 10 56,579,585 0 56,579,585
Special Assessments 11 2,000 0 2,000
Miscellaneous 12 10,151,601 1,871,610 12,023,211
Other Financing Sources 13 16,770,900 32,264,690 49,035,590
Transfers In 14 57,338,700 7,595,910 64,934,610
Total Revenues&Other Sources 15 288,691,510 51,636,581 340,328,091
EXPENDITURES&OTHER FINANCING USES
Public Safety 16 31,911,220 365,172 32,276,392
Public Works 17 13,161,600 23,000 13,184,600
Health and Social Services 18 687,576 0 687,576
Culture and Recreation 19 17,695,590 30,870 17,726,460
Community and Economic Development 20 10,229,871 15,577,278 25,807,149
General Government 21 13,626,818 769,860 14,396,678
Debt Service 22 13,787,740 0 13,787,740
Capital Projects 23 41,047,794 38,305,860 79,353,654
Total Government Activities Expenditures 24 142,148,209 55,072,040 197,220,249
Business Type/Enterprise 25 99,559,142 63,669,539 163,228,681
Total Gov Activities&Business Expenditures 261 241,707,351 118,741,579 360,448,930
Transfers Out 27 57,338,700 7,595,910 64,934,610
Total Expenditures/Transfers Out 28 299,046,051 126,337,489 425,383,540
Excess Revenues&Other Sources Over 29 -10,354,541 -74,700,908 -85,055,449
(Under) Expenditures/Transfers Out
Beginning Fund Balance July 1,2024 30 158,684,272 0 158,684,272
Ending Fund Balance June 30,2025 31 148,329,731 -74,700,908 73,628,823
Explanation of Changes:Amendment includes carryover of revenues and expenditures for projects in the CIP plan,as well as expenditures carried forward
for Black Lives Matter of$648,100, CDBG/HOME of$2,698,000,and ARPA of$10,807,100.
08/20/2024 04:36 PM Paae 1 of 1
Fiscal Year 2025
Budget Amendment#1
Org Object Project Description Amount Program Line
10130100 449280 21 South Linn Parking 50,000.00 21
23610216 448010 IEDACDBG-CV Projects 685,955.00 20
23610216 331150 IEDACDBG-CV Funding (685,955.00) 9
23610230 448010 ARPA Interest 631,130.00 20
25490194 473010 Rehab 804 S.Van Buren 125,000.00 20
71810230 467110 Bus Engine Repairs 100,000.00 25
73730140 474330 Water Meters 265,000.00 25
79490210 474230 Truck 36,000.00 25
79490310 474230 Truck 9,000.00 25
31310790 393296 Engineering Remodel (200,000.00) 14
84310330 490040 Engineering Remodel 200,000.00 27
10310400 490160 Utility Rate Discount Program 91,100.00 27
73730110 393190 Utility Rate Discount Program (21,990.00) 14
72720110 393190 Utility Rate Discount Program (20,990.00) 14
74740110 393190 Utility Rate Discount Program (38,240.00) 14
77770110 393190 Utility Rate Discount Program (9,880.00) 14
Carry-forwards
10210200 432080 41 PIN Grant 5,000.00 21
10210400 448010 Racial Equity&Social Justice Grant Funding 12,000.00 21
10210410 432060 BLM 71,179.68 21
10210410 432080 BLM 187,176.10 21
10210410 432100 BLM 45,000.00 21
10210410 435059 BLM 9,446.24 21
10210410 445140 BLM 3,303.89 21
10210410 445180 BLM 40,000.00 21
10210410 448030 BLM 193,655.95 21
10210410 448040 BLM 98,325.12 21
10210510 448070 Economic Development Opportunity Funds 100,000.00 20
10210515 473010 Public Art Projects 66,960.00 20
10410100 432080 Traffic Study 4,534.62 16
10410210 443050 Radio Equipment 21,000.00 16
10410220 448010 CommUnity Co-Responder 10,000.00 16
10410310 444080 Watchguard 48,875.05 16
10410310 474220 Automobiles 88,853.00 16
10410310 474420 Automobiles 189,896.00 16
10450110 469190 Copier 2,013.00 16
10530210 474420 Dump Trailer 12,370.00 19
10570100 435059 Linn Street Sign 6,500.00 19
10570100 473010 Pigeon Mitigation 12,000.00 19
10610235 448010 ARPA Revenue Replacement 7,959,310.25 20
10610620 432060 Comp Plan&South District Form Based Code Incentives 330,000.00 20
10610620 448010 Historic Preservation Grants 15,000.00 20
10710200 469190 Office Furniture 23,000.00 17
21610320 448010 FY23 CDBG Rehab Projects 150,000.00 20
21610320 331100 FY23 CDBG Rehab Funding (150,000.00) 9
21610320 448010 FY24 CDBG Rehab Projects 207,833.20 20
21610320 331100 FY24 CDBG Rehab Funding (207,833.20) 9
21610410 448090 FY24 HOME Admin 10,000.00 20
21610410 331100 FY24 HOME Admin (10,000.00) 9
21610410 448090 HOMEARPAAdmin 228,915.18 20
21610410 331100 HOMEARPAAdmin (228,915.18) 9
21610420 448090 FY24 GreenState and Hills DPA 175,005.00 20
21610420 448090 FY24 Habitat Homeownership 40,000.00 20
21610420 448090 FY24 THE Rental Rehab—Hannah Jo Ct 78,000.00 20
21610420 448090 FY24 UAY Acquisition/Rehab 110,000.00 20
21610420 448090 FY24 HOME Rehab 76,256.40 20
21610420 448090 FY22 South District-Phase 3 100,000.00 20
21610420 331100 FY22 HOME Rehab Funding (579,261.40) 9
21610420 448090 HOME ARPA Program Operations 1,521,981.00 20
21610420 331100 HOME ARPA Rehab Funding (1,521,981.00) 9
23610230 448010 ARPA 2,847,821.65 20
23610812 432060 Bus Rapid Transit Feasibility Study 118,110.00 20
24210610 474230 Trucks 54,773.00 21
71810221 474420 Transit Breakroom-Annex 16,000.00 25
71810246 442010 Roof Repair 6,000.00 25
72720110 432060 HVAC/MAU/REF Consulting 20,000.00 25
72720110 474420 Equipment 30,000.00 25
72720122 432080 HVAC/MAU/REF Engineering Study 10,000.00 25
72720122 474420 Garage Doors 40,000.00 25
73730120 463090 Phosphate 27,263.14 25
73730130 469020 Water System Improvements 14,863.23 25
73730130 473010 Water Main Break Concrete Repairs 92,626.32 25
73730140 469290 Meter Tails 13,348.07 25
74740140 474230 Trucks 75,000.00 25
75750121 474420 Landfill Roll-Off Boxes 17,175.00 25
75750123 442010 Wind Turbine,Solar Panels 8,870.57 25
75750123 442030 HVAC Replacement 11,006.97 25
75750220 473010 Signage 18,000.00 25
81710520 474230 Trucks 1,726,292.40 X
81710520 474240 Tractors 56,216.00 X
81710520 474270 Other Vehicular Equipment 54,933.60 X
81710520 474380 Snow Removal Equipment 48,000.00 X
83310510 432080 Ticketing System 50,000.00 X
83310510 444080 Software 110,028.00 X
83310510 444120 Network Hardware 41,742.31 X
83310581 476050 Server Hardware 2,458.40 X
84310320 475010 Copiers 18,552.00 X
CIP Carry-forwards
Oar Object Project Description Amount Program Line
31310790 473010 Other Governmental CIP 48,300.00 23
31410910 476130 Police CIP 125,000.00 23
31410940 473010 Animal Shelter CIP 90,700.00 23
31450900 473010 Fire CIP 107,870.00 23
31450900 474230 Fire CIP 3,234,800.00 23
31520900 473010 Recreation CIP 1,167,740.00 23
31530910 472010 Parks CIP 844,360.00 23
31530910 473010 Parks CIP 6,339,910.00 23
31530920 473010 Trails CIP 243,610.00 23
31550900 472010 Library CIP 8,110.00 23
31570900 472010 Senior Center CIP 7,340.00 23
31610900 473010 Community&Econ Dev CIP 360,540.00 23
31710940 334610 Other Public Works CIP (100,000.00) 9
31710940 473010 Other Public Works CIP 394,930.00 23
31710940 432040 Other Public Works CIP 844,190.00 23
32710910 369100 Roads CIP (1,778,610.00) 12
32710910 334900 Roads CIP (971,470.00) 9
32710910 331150 Roads CIP (50,820.00) 9
32710910 393140 Roads CIP (25,000.00) 14
10310710 490040 Roads CIP 25,000.00 27
32710910 393297 Roads CIP (93,000.00) 12
83310510 490040 Roads CIP 93,000.00 X
32710910 393220 Roads CIP (81,800.00) 14
72720190 490040 Roads CIP 81,800.00 27
32710910 393210 Roads CIP (1,042,590.00) 14
73730190 490040 Roads CIP 1,042,590.00 27
32710910 473010 Roads CIP 16,489,550.00 23
32710920 331100 Bridge CIP (1,277,890.00) 9
32710920 334610 Bridge CIP (425,000.00) 9
32710920 334900 Bridge CIP (850,000.00) 9
32710920 473010 Bridge CIP 7,409,590.00 23
32710930 393910 Sidewalk CIP (120,420.00) 14
21610320 490160 Sidewalk CIP 120,420.00 27
32710930 473010 Sidewalk CIP 33,350.00 23
32710950 473010 Traffic Engineering CIP 555,970.00 23
71810915 473010 Parking CIP 775,270.00 25
71810915 474420 Parking CIP 987,820.00 25
71810925 331100 Transit CIP (750,000.00) 9
71810925 393235 Transit CIP (6,035,000.00) 14
71810280 490040 Transit CIP 6,035,000.00 27
71810925 474420 Transit CIP 11,910.00 25
71810925 472010 Transit CIP 100,000.00 25
71810925 432090 Transit CIP 200,000.00 25
71810925 473010 Transit CIP 8,277,800.00 25
72720905 391100 699 Wastewater CIP (32,264,690.00) 13
72720905 474420 Wastewater CIP 146,380.00 25
72720905 473010 Wastewater CIP 38,110,040.00 25
73730905 473010 Water CIP 3,113,930.00 25
75750905 473010 Landfill CIP 7,533,880.00 25
76850905 331100 Airport CIP (2,015,795.00) 9
76850905 334900 Airport CIP (79,450.00) 9
76850905 473010 Airport CIP 1,636,666.00 25
77770905 432090 StormwaterClP 29,410.00 25
77770905 473020 StormwaterClP 73,550.00 25
77770905 473010 StormwaterClP 1,862,730.00 25
State Form Program Lines
Use of Money&Property 8
Intergovernmental (9,904,370.78) 9
Charges for Services 10
Miscellaneous (1,871,610.00) 12
Other Financing Sources (32,264,690.00) 13
Transfers In (7,595,910.00) 14
Public Safety 365,171.67 16
Public Works 23,000.00 17
Health&Social Services - 18
Culture&Recreation 30,870.00 19
Community&Economic Development 15,577,277.68 20
General Government 769,859.98 21
Debt Service - 22
Capital Projects 38,305,860.00 23
Business-Type/Enterprise 63,669,539.30 25
Transfers Out 7,595,910.00 27
Internal Service(not budgeted) 2,201,222.71 X
76,902,130.56
Internal Service(not budgeted) (2,201,222.71)
Excess Revenues&Other Financing Sources under
Expenditures/Transfers Out 74,700,907.85 29
9 f
i a
Prepared by: Nicole Davies, Finance Director,410 E.Washington St., Iowa City, IA 52240(319)356-5085
Resolution No. 24-230
Resolution setting public hearing on September 17, 2024 on amending the
Fiscal Year 2025 Operating Budget.
Be it resolved by the City Council of Iowa City, Iowa, that a public hearing will be held in Emma J.
Harvat Hall of the Iowa City City Hall, 410 East Washington Steet, Iowa City, Iowa, at 6:00 p.m.,
September 17, 2024, or if said meeting is cancelled, at the next meeting of the City Council
thereafter as posted by the City Clerk, to permit any resident to be heard for or against the
proposed amendment to the Fiscal Year 2025 Operating Budget.
The City Clerk is hereby directed to give notice of said public hearing and time and place thereof
by publication in the Iowa City Press-Citizen, a newspaper of general circulation in Iowa City, not
less than ten (10) days and not more than twenty(20) days before the time set for such hearing.
Passed and approved this 3rd day of September , 2024.
Mayor
Approved by
Attest: I' L I' \_CL
City Clerk City Attorn y's ffice—08/27/2024
It was moved by Bergus and seconded by Salih the Resolution be
adopted, and upon roll call there were:
Ayes: Nays: Absent:
x Alter
x Bergus
x Dunn
x Harmsen
x Moe
x Salih
x Teague
Item Number: 8.a.
r 1 CITY OF IOWA CITY
a
Qa, COUNCIL ACTION REPORT
September 3, 2024
The installation of(6) on-street metered parking spaces, the establishment of parking meter
terms, and tow away zone on the north side of the 200 block of Lafayette Street.
Prepared By: Emily Bothell, Senior Associate Transportation Planner
Reviewed By: Kent Ralston, Transportation Planner
Darian Nagle-Gamm, Director of Transportation Services
Tracy Hightshoe, Neighborhood and Development Services
Director
Fiscal Impact: No impact
Staff Recommendation: Approval
Commission Recommendations: N/A
Executive Summary:
As directed by Title 9, Chapter 1, Section 3B of the City Code, this is to advise the City
Council of the following action:
Pursuant to Section 9-1-3A (17); Install (6) on-street metered parking spaces with duplex
meters numbered LA200E, LA202E, and LA204E on the north side of the 200 block of
Lafayette Street at $1.50/hour with a two-hour term and establish "No Parking 2:00 a.m. to
6:00 a.m. Tow Away Zone" parking prohibition.
Background /Analysis:
This action is being taken at the request of the Transportation Services Department to provide
short-term metered parking on Lafayette Street adjacent to the new Hive building.
Item Number: 8.b.
r 1 CITY OF IOWA CITY
COUNCIL ACTION REPORT
September 3, 2024
The installation of(13) on-street metered parking spaces, the establishment of parking meter
terms, and tow away zone on the east side of the 700 block of South Dubuque Street.
Prepared By: Emily Bothell, Senior Associate Transportation Planner
Reviewed By: Kent Ralston, Transportation Planner
Darian Nagle-Gamm, Director of Transportation Services
Tracy Hightshoe, Neighborhood and Development Services
Director
Fiscal Impact: No impact
Staff Recommendation: Approval
Commission Recommendations: N/A
Executive Summary:
As directed by Title 9, Chapter 1, Section 3B of the City Code, this is to advise the City
Council of the following action:
Pursuant to Section 9-1-3A (17); Install (13) on-street metered parking spaces with a single
meter numbered D700S and duplex meters numbered D702S, D704S, D706S, D708S,
D710S, and D712S on the east side of the 700 block of South Dubuque Street at $1.50/hour
with a two-hour term and establish "No Parking 2:00 a.m. to 6:00 p.m. Tow Away Zone"
parking prohibition.
Background /Analysis:
This action is being taken at the request of the Transportation Services Department to provide
short-term metered parking on the 700 block of South Dubuque Street adjacent to the new
Hive building.
Item Number: 10.f.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
September 3, 2024
Resolution assessing $300.00 civil penalty against Hawkeye Liquor & Tobacco.
Prepared By: Rebecca Passavant, City Attorney's Office Administrative
Secretary
Fiscal Impact: No impact
Staff Recommendation: Approval
Commission Recommendations: N/A
Attachments: Resolution Assessing 1 st Offense Civil Penalty
Executive Summary:
Iowa Code Section 453A.22(2) provides that, after a hearing, a civil penalty shall be
assessed when an employee of a retailer violates Iowa Code Section 453A.2(1) by selling or
providing tobacco to a minor. This hearing is the time designated for the Council to consider
whether to assess such a civil penalty against Hawkeye Liquor & Tobacco, 601 Hollywood
Boulevard, Iowa City. The civil penalty for a first violation within a two-year period is
$300.00.
Prepared by:Jennifer Schwickerath,Asst. City Attorney,410 E.Washington St.,Iowa City, IA 52244,319-356-5030
Resolution number: 24-231
Resolution assessing $300.00 civil penalty against Hawkeye
Liquor & Tobacco
Whereas, on May 30, 2024, an employee of Iowa 80 LLC, DBA Hawkeye Liquor &
Tobacco, 601 Hollywood Boulevard, Suite 1, Iowa City, violated Iowa Code§453A.2(1) by
selling or providing tobacco, tobacco products or cigarettes to a minor; and
Whereas, at the time of the violation, Hawkeye Liquor & Tobacco was operating under a
retail cigarette permit issued by the City of Iowa City; and
Whereas, pursuant to Iowa Code §453A.22(2), an establishment which holds a retail
cigarette permit is subject to a civil penalty of$300.00 the first time its employee violates
Iowa Code §453A.2(1); and
Whereas, a hearing was held on this date by the City Council to determine whether to
assess the civil penalty against Hawkeye Liquor & Tobacco and at said hearing the City
Council heard the facts of the violation and the arguments of the retailer, if any; and
Whereas, this is the first such violation of an employee of Hawkeye Liquor& Tobacco
within a two-year period to be considered by the City Council under Iowa Code
§453A.22(2).
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that the
City Council, after notice and hearing and pursuant to Iowa Code §453A.22(2) and
§453A ,47A(11) hereby imposes a civil penalty in full, and if the civil penalty is not
timely paid any applicable permit held by the retailer shall automatically be suspended
for a period of(14) days, in addition to the civil penalty.
Be it further resolved, that the City Clerk will forward a copy of this Resolution to the City
Attorney's Office, which will then provide a copy of the same to the retail cigarette permit
holder via regular mail sent to the permit holder's place of business as it appears on the
application for a retail cigarette permit.
Passed and approved this3rd day of September, 2024.
M r
Resolution No, Z4-Z31
Page 2
Approved by
Attest: 14 i� h�"i.
City Clerk City Attorn s Office— 08/28/2024
It was moved by Alter and seconded by Bergus the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Alter
x Bergus
x Dunn
x Harmsen
x Moe
x Salih
x Teague
Item Number: 10.g.
CITY OF IOWA CITY
Q COUNCIL ACTION REPORT
September 3, 2024
Resolution assessing $1500.00 civil penalty and thirty-day retail cigarette permit suspension
against Iowa City Fast Break.
Prepared By: Rebecca Passavant, City Attorney's Office Administrative
Secretary
Fiscal Impact: No impact
Staff Recommendation: Approval
Commission Recommendations: N/A
Attachments: Resolution Assessing 3rd Offense Civil Penalty
Executive Summary:
Iowa Code Section 453A.22(2) provides that, after a hearing, a civil penalty shall be
assessed when an employee of a retailer violates Iowa Code Section 453A.2(1) by selling or
providing tobacco to a minor. This hearing is the time designated for the Council to consider
whether to assess such a civil penalty against Iowa City Fast Break, 2580 Naples Avenue
SW, Iowa City. The civil penalty for a third violation within a three-year period is $1500.00
and a thirty-day retail cigarette permit suspension.
Prepared by: Jennifer Schwickerath,Asst. City Attorney,410 E.Washington St.,Iowa City,IA 52244,319-356-5030
Resolution number: 24-232
Resolution assessing $1500.00 civil penalty and thirty-day retail
cigarette permit suspension against Iowa City Fast Break
Whereas, on May 29, 2024, an employee of Reif Oil Company, DBA Iowa City Fast Break,
2580 Naples Avenue SW, Iowa City, violated Iowa Code§453A.2(1)by selling or providing
tobacco, tobacco products or cigarettes to a minor; and
Whereas, at the time of the violation, Iowa City Fast Break was operating under a retail
cigarette permit issued by the City of Iowa City; and
Whereas, pursuant to Iowa Code §453A.22(2), an establishment which holds a retail
cigarette permit is subject to a civil penalty of$300.00 the first time its employee violates
Iowa Code§453A.2(1), after a hearing and proper notice; either a civil penalty of$1500.00
or a suspension of its permit for a period of thirty (30) days the second time its employee
violates §453A.2(1) within a two-year period, after a hearing and_proper notice; and both
a $1500.00 civil penalty and a thirty (30) day permit suspension the third time its
employees violate §453A.2(1) within a three-year period, after a hearing and proper
notice; and
Whereas, a hearing was held on this date by the City Council to determine whether to
assess the civil penalty against Iowa City Fast Break and at said hearing the City
Council heard the facts of the violation and the arguments of the retailer, if any; and
Whereas, this is the third such violation of an employee of Iowa City Fast Break within a
three-year period to be considered by the City Council under Iowa Code §453A.22(2).
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that the
City Council after notice and hearing and pursuant to Iowa Code §453A.22(2) and
§453A ®.47A(11) hereby imposes a $1500.00 civil penalty and thirty day retail cigarette
permit suspension against Iowa City Fast Break.
Be it further resolved, that said retail cigarette permittee has twenty (20) days from the
date of this Resolution to pay the $1500.00 civil penalty in full to the City Clerk and to
deliver to the City Clerk its retail cigarette permit for service of a thirty day suspension.
Be it further resolved, that the City Clerk will forward a copy of this Resolution to the City
Attorney's Office, which will then provide a copy of the same to the retail cigarette permit
holder via regular mail sent to the permit holder's place of business as it appears on the
application for a retail cigarette permit.
Passed and approved this 3rcday of September 2024.
l .
Aayor
Approved by
Attest: k y ' 1,Le l'' )>,,&Ckce,
City Clerk City Attorney's ffice— 08/28/2024
It was moved by Dunn and seconded by Bergus the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Alter
x Bergus
x Dunn
x Harmsen
x Moe
x Salih
Teague