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2018-11-20 Resolution
Item Number: 7.c. + r ui �1 lat • yyrrmr�� CITY Ok IOWA CITY www.icgov.org November 20, 2018 Resolution accepting payment of $1500.00 civil penalty and waiver of right to hearing from Deli Mart #1 ATTACHMENTS: Description Resolution Prepared by: Eric Goers, Assistant City Attomcy, 410 E. Washington St., Iowa City, IA 52244,319-356-5030 Resolution number: 18-316 Resolution accepting payment of $1500.00 civil penalty and waiver of right to hearing from Deli Mart #1 Whereas, on December 10, 2017, an employee of DeliMart Properties, Inc. dba Deli Mart #1, 525 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 second such violation by one of its employees in a two-year period; and Whereas, at the time of the violation, Deli Mart #1 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, $1500.00 or a thirty -day permit suspension; and Whereas, Deli Mart #1 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; and 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 Deli Mart #1. 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 napproved dtthis20tltiay of November , 2018. IV14for Attest: f t ity Clerk App d by City Attorney's Office It was moved by Salih and seconded by Mims the Resolution be adopted, and upon roll call there were: Nays: Absent : Cole Mims Salih Taylor Teague Thomas Throgmorton Item Number: 7.d. + r ui �1 lat • yyrrmr�� CITY Ok IOWA CITY www.icgov.org November 20, 2018 Resolution accepting payment of $1500.00 civil penalty and waiver of right to hearing from Deli Mart #2 ATTACHMENTS: Description Resolution Prepared by: Eric Goers, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52244,319-356-5030 Resolution number: 18-317 Resolution accepting payment of $1500.00 civil penalty and waiver of right to hearing from Deli Mart #2 Whereas, on December 7, 2016, an employee of DeliMart Properties, Inc. dba Deli Mart #2, 1920 Lower Muscatine Road, Iowa City, violated Iowa Code §453A.2(1) by selling of 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, Deli Mart #2 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, $1500.00 or a thirty -day permit suspension; and Whereas, Deli Mart #2 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; and 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 Deli Mart #2. 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 _Mrb, day of November, 2018. Ma or Attest: Crty Clerk Appr ed by ;7�- <<//g City Attorney's Office E It was moved by salih and seconded by Resolution be adopted, and upon roll call there were: Ayes: Nays: Mims the Absent : Cole Mims Salih Taylor Teague Thomas Throgmorton Item Number: 7.e. r �, CITY OF IOWA CITY COUNCIL ACTION REPORT November 20, 2018 Resolution authorizing the acquisition of property interests necessary for construction of the Burlington and Madison Intersection Improvements Project. Prepared By: Jason Reichart, Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: None Recommendations: Staff: Approval Commission: N/A Attachments: Project Design Exhibit Resolution Executive Summary: Preliminary design for the Burlington and Madison Intersection Improvements Project has been completed, and the proposed improvements require the acquisition of permanent easement and temporary construction easements within the project corridor. Approximately 300 square feet of permanent easement will be needed for the traffic signal on the northwest corner of Burlington and Madison, while temporary construction easements will be needed for pavement widening and sidewalk construction throughout the project area. Background /Analysis: The project includes the widening of Burlington Street, from Madison Street to Front Street, to include continuous buffered bike lanes from Madison Street to Riverside Drive. The project also includes traffic signal and pedestrian signal improvements, ADA sidewalk improvements, and public utility improvements at the Burlington Street and Madison Street intersection as well as the restriping of Madison Street to include a 4 -lane to 3 -lane conversion from Market Street to Court Street and the addition of continuous bike lanes on Madison Street from Market Street to Prentiss Street. ATTACHMENTS: Description Design Exhibit 1 Resolution o N z REVI5ICN5 �, Iowa Department of Transportation HIGHWAY DIVISION 7— w PLANS OF PROPOSED IMPROVEMENT ON THE J ¢1111HEIPLANTINSPECTI°N SHALEaE °UIRED FCR ILL acC 8 1A REnn8 URBAN ROAD SYSTEM ON- rH13 PROTECT PER SECTION2s2i. CITY OF IOWA CITY, IOWA DESIGN DATA JOHNSON COUNTY INDEX OF SHEETS BURLINGTON ST 100,.40. I.D.O.T. Project Number NHSX-001-5(120)--3H-52 °R""""°" go,N.P City Account Number 33834 - "°asst° CUoP°o ILE RwaGk PLAN a�F PRoUl CV UC)NICE nLa PCC Pavement with HMA Resurfacing, Miscellaneous Nr 1NFOR c °°F.WAYANNIATIONisuRVEv oNTROE = F EASEINENTS (h z DESIGN DATA AFRIcMNTROEANDPHAsIN°(.ITINcwDEM) i D SMADISON ST In the City of Iowa City, Highway 1: from Capitol Street to Riverside Drive NLS fNOT INcwDED) o 11.1 NI IFNER AND NOT INCLUDED) 0 PLAN nnA"PLANA"D Z x. PROHLE Q - NSMOT ED) O (n 11EIALI CONNECTION DETULC MCT I"CLU°E°) O Z x = (n Q PROJECT NPDES PERMIT: IS COV NATURAL TMEOFNAT THIS PROJECT IS COVERED BY THE IOWA DEPARTMENT 1.1 - SPECIAL DETNLS AOEONINs 0 RESOURCES N DS ER ERAL PERMIT NO. 2. TH CONTRACTOR P re I i m i n a ry Z SHALL CARRY OUT THE TERMS AND CONDITIONS OF GENERAL PERMIT NO 2 AND THE STORM WATER POLLUTION PREVENTION PLAN WHICH IS PART OF THESE CONTRACT DOCUMENTS. _ _ w CITY OF IOWA CITY I�IOW%"� psal Form for a 1151 of appllcable specNcatlpns. THIS ENGINEERING CONN� THE CITY CLERK DOCDMENT IS RECO,NENDED FOR HUNG NTH Varve El,gl--, Saes. Rarer m INN 1105.14 er me Speereaaops. LOCATION MAP 1-EDD-x9x-8989 ._ SEC 9 &SEC 10, —IN , NOT TO n CITY ENGINEER �+• N p e *' c DATE PREPARED NS R D FOR: 1y+yI5 �i I I DATE i - CITY TRAFFIC ENGINEER � r.J UCity of A` �* `'\ CyyS`K' . - E•�:y{ ml�Lanb Sunreeln etlu ease„av reptl can me If 'e atlampa &I,Ltl r T. laws CITY COUNCIL' ?� r�+A9 R lasis� Nebel enlf/tl oflm�e MAYOR JIM THROGIdORTON ATLARGE: KINGSLEY DISTRICT A: PAULINE TAYLOR i .' - r '".i'........: iR=` L yescwereab� 44995 eaamberai, 2019 v n4v seal p BOTCHWAV II DISTRICTB: SUSANMIMS AT LARGE: ROCKNECOLE DISTRICTC: JOHNTHOMAS AT LARGE: MAZAHIR SALIH - -1 BURLINGTON ST it Inereo ^cenl area , En9lnearin-h.K R I. r p lr �� �` V Y IreC� Isupervlslon anb ma plamaeury ceruee ELI er un�earrmelar�s offne stale of logia ' 'y 'PROJECT '""�T PLANS PREPARED 8Y: LOCATION COU _ !V�'e `A k TRT ST- BRBiel 1� E ee1RO� D. 21975 �emaa - a mbar3,20,9 ANDERSON�BOGERT�}� ��by - DOS 4494 PLAN DESIGN ' CARD ' PRODUCED --E PT 10- 11- IEGION I FISCAL LEAR E011 JOHNSON COUNTI PROJECT NUMBER NHSX-001-5(120)--3H-52 1 1HEET NUMFEIA.1 TYPICAL CROSS SECTION ©WIDTH VAPIES FPOM 10.6 AT Preliminar Burlington Street Torn Front Intersection SIA 57+10.16 TO 8.3 AT STA 57+31.33 Sta. 57+10.16 to Sta. 57+31.33 ®WIDTH VARIES FROM ss' AT (Not to Scale) SIA 57+14.70 TO 4.2 AT SIA 57+31.33 EXISTING ROW 80' PROPOSED 6]' B -B EXISTING 59' B -B BIKE LANE© 11.0' 11.0' 11.0 11.0 11.0' 6.0' VARIES BIKE LANE 3 r r r r 15.0' VARIESF 4.0' ].O' ONI NOM 3' HMA OVERLAY 6' IMPORTED �� V IES CROWN IT INTERLAYER& EXISTING EXISTING LANDSCAPE AREA AND SOD (TYP.)- _ 2% O 2"SURFACE) CURB(TYP.)�n 29 -_� 8" PCC PAVEMENTWIDENING WITH y -------------------------____--------___________� 9" STANDARD CURB (-P.))--- PROFILE AT-3 9"CURB AND GUTTER(TYP.) 6' MODIFIED SUBBASE (TVP.) BT -3 GRADE BEGINS STA. 57+35.68 X PCC PAVEMENT WIDENING FFF� 0" MODIFIED SUBBASE (-P.) TYPICAL CROSS SECTION o WIDTH VARIES FROM 8.3' AT Burlington Street STA 57+31.33 TO 6.0' AT STA 58+26.39 Sta. 57+31.33 to Sta. 60+73.92 m WIDTH VARIES FROM 4.2' AT STA 57+31.33 TO 1.6 AT STA 58+26.39 (Not to Scale) P AD DESIGN CADD PRODUCED STATE EF 10- FIT- REGION 7 FISCAL 'EAR 2019 JOHNSON COUNTI PROJECT NUMBER NHSX-001-5(120)--3H-52 I 1HEET NUMBEI 6.2 EXISTING ROW 80' EXISTING 01 B -B PROPOSED VARIES VARIES S' BIKE 11.0' BIKE LANE 11.0' 11.0' 11.0' 11.0' LANE 3 r 16.0' m VARIES VARIES T 6"IMPORTED MILL 3" EXISTING HMA X N1A OVERLAY CROWN (1"INTERLAYER& VA TOPSOIL AND SOD- �5 TSURFACE) - - 8" PCC PAVEMENT WIDENING WITH 2% I1 ,, _ -+3.0' 6' MODIFIED SUBBASE _ _ ,.. y `BTS EXISTING CURB (TYP.) - _______________________I__ PROFILE GRADE EXISTING CURB (TYP.) TYPICAL CROSS SECTION ©WIDTH VAPIES FPOM 10.6 AT Preliminar Burlington Street Torn Front Intersection SIA 57+10.16 TO 8.3 AT STA 57+31.33 Sta. 57+10.16 to Sta. 57+31.33 ®WIDTH VARIES FROM ss' AT (Not to Scale) SIA 57+14.70 TO 4.2 AT SIA 57+31.33 EXISTING ROW 80' PROPOSED 6]' B -B EXISTING 59' B -B BIKE LANE© 11.0' 11.0' 11.0 11.0 11.0' 6.0' VARIES BIKE LANE 3 r r r r 15.0' VARIESF 4.0' ].O' ONI NOM 3' HMA OVERLAY 6' IMPORTED �� V IES CROWN IT INTERLAYER& EXISTING EXISTING LANDSCAPE AREA AND SOD (TYP.)- _ 2% O 2"SURFACE) CURB(TYP.)�n 29 -_� 8" PCC PAVEMENTWIDENING WITH y -------------------------____--------___________� 9" STANDARD CURB (-P.))--- PROFILE AT-3 9"CURB AND GUTTER(TYP.) 6' MODIFIED SUBBASE (TVP.) BT -3 GRADE BEGINS STA. 57+35.68 X PCC PAVEMENT WIDENING FFF� 0" MODIFIED SUBBASE (-P.) TYPICAL CROSS SECTION o WIDTH VARIES FROM 8.3' AT Burlington Street STA 57+31.33 TO 6.0' AT STA 58+26.39 Sta. 57+31.33 to Sta. 60+73.92 m WIDTH VARIES FROM 4.2' AT STA 57+31.33 TO 1.6 AT STA 58+26.39 (Not to Scale) P AD DESIGN CADD PRODUCED STATE EF 10- FIT- REGION 7 FISCAL 'EAR 2019 JOHNSON COUNTI PROJECT NUMBER NHSX-001-5(120)--3H-52 I 1HEET NUMBEI 6.2 NHSX-001-5(120)-3H52 Acquisition owe— lrecw>— O Iowa Gill Construction Utilty Easement Plats GPN# Owner 11 W. S .ft. Easement(sq.ft. (S .ft. 1 1010358001 018 2 1010352002 Slate of Iowa 11 10the Slate University of 1— 4 923 285 7 1010355902 085 Preliminary STATE TE IOWA F/B/0 O THE STATE UNIVERSITY OF IOWA STATE OF IOWA F/B/O ....OW3001 THE STATE UNIVERSITY OF (r+aw tPaw "UNIVERSITY OF IOWA WATER PLPIJi" IOWA TEMPORARY 1010352002 28 [CONSTRUCTION "GIBSON SQUARE" EASEMENT (TYP.) u 10' 00 0 0 PRC: 55+17.48 faow -- —__ �P: 50+00.00 N////II 57+37.577 0 PC: 54+23.98) —~—_~ 10 BURLINGTON ST Q ow� ¢ owe— lrecw>— O STATE OF IOWA F/B/O THE STATE UNIVERSITY OF IOWA 1010755002 "CANPUS RECREATION AND WELLNESS CENTER" 0 60 z O STATE OF IOWA F/B/O y THE STATE UNIVERSITY OF IOWA ____p 1010352002 PERMANENT "GIBSON SQUARE" Q. UTILITY EASEMENT 10' ----- ---------o r 12' mo mow mow 25' Preliminary O O STATE IOWA F/B/0 THE U 4 STATE UNIVERSITY IOWA CITY 10 IOWA CITY 10103510033 1010379002 o 'LINDQUIST CENTER" o "CAPITOL STREET GARAGE" ut __ ___g.� Q o____ __ freow mcw freaw� (reowi cRowt Q o —EP: 67+00.00 ut i° BURLINGTON ST 19' mow> lreow� mowl 15' i pp' O 13' STATE OF IOWA F/13/0 THE STATE UNIVERSITY OF IOWA 1010355002 "CAMPUS RECREATION AND WELLNESS CENTER" 0 60 mo �ow p o 0 0 0 -------- 5' S' 9' IQ. HIPPIE OIL COMPANY 1010356002 _ TEMPORARY CONSTRUCTION g "KUM @ GO" EASEMENT (NP.) — — — — — — — — — — — — — 0 0 ------------ _ G EXISTIN UTILITY EASEMENT mo 7� (re9w1--T —mow) 5' PROPOSED RIGHT—OF—WAY LLC 301 r--- — — — L— l I I 111SX-001-5 120 —3H-52 Acquisition bwa City Construction Utility Easement Plats GPN# Owner R.O.W. (Sq.ft. Easement (Sq. ft)S .ft. 2 1010352002 State of bwa FB/0 the State Universi of Iowa 4.923 285 3 1010351003 3,137 4 1010379002 Cit of Iowa Ci 68 5 1010356001 100-500 LLC 999 2,572 6 1010356002 HRRee Oil Coma 2,293 State of Iowa FB/O the State 7 1010355002 Unieemit ofb— 665 z O STATE OF IOWA F/B/O y THE STATE UNIVERSITY OF IOWA ____p 1010352002 PERMANENT "GIBSON SQUARE" Q. UTILITY EASEMENT 10' ----- ---------o r 12' mo mow mow 25' Preliminary O O STATE IOWA F/B/0 THE U 4 STATE UNIVERSITY IOWA CITY 10 IOWA CITY 10103510033 1010379002 o 'LINDQUIST CENTER" o "CAPITOL STREET GARAGE" ut __ ___g.� Q o____ __ freow mcw freaw� (reowi cRowt Q o —EP: 67+00.00 ut i° BURLINGTON ST 19' mow> lreow� mowl 15' i pp' O 13' STATE OF IOWA F/13/0 THE STATE UNIVERSITY OF IOWA 1010355002 "CAMPUS RECREATION AND WELLNESS CENTER" 0 60 mo �ow p o 0 0 0 -------- 5' S' 9' IQ. HIPPIE OIL COMPANY 1010356002 _ TEMPORARY CONSTRUCTION g "KUM @ GO" EASEMENT (NP.) — — — — — — — — — — — — — 0 0 ------------ _ G EXISTIN UTILITY EASEMENT mo 7� (re9w1--T —mow) 5' PROPOSED RIGHT—OF—WAY LLC 301 r--- — — — L— l I I NSALL -17 BIKE LANE SIGN ,NST a 40 \INSTALL BIKE LANE SIGN (R}_17) Prelimina NTSENDIIEOEa°OCOFRPAVEMENT CRUDE5NAECUEBR 2.OIIDAS R 0 i10 REMOVE AND REINSTALL EXISTING PRIVATE PARKING REGULATION rINSTALL BIKE E1SI N INSTALL (R3-17) BIKE LANE SIGN DESTINATION SIGN (01-3) 9 SIGN I (R STOP SIGN (RI -1) 4 4 Z 4 --REMOVE AND TY INSTALL UNIVERSITY -----_______ __________________________ _ IOWA HOSPITAL RAILROAD CROSSING WARNING ..�____________________________ SIGN (D9-2) 0 q? 0 STALL BIKE LANE MILE MARKER 'B6' SIGN (X2 INSTALL BIKE LANE SIGN I I I I I I I I I I (R3-17) (R3-17) __+—_ o 55+17.48 m m P: 50+00.00 � � 7 �RC: � o � _ _m*_ m �� m Ti 57+37.57 X¢ 1 _ n J BURUNGTON ST sX �— NSALL -17 BIKE LANE SIGN ,NST a 40 \INSTALL BIKE LANE SIGN (R}_17) Prelimina NTSENDIIEOEa°OCOFRPAVEMENT CRUDE5NAECUEBR 2.OIIDAS R 0 i10 REMOVE ANDREINSTALL MPH SPEED OMIT SIGN / IV/ \ rINSTALL BIKE E1SI N REMOVE AND REINSTALL (R2-1) / J I (R STOP SIGN (RI -1) 4 4 4 REMOVE AND REINSTALL RAILROAD CROSSING WARNING _ SIGN (WIO-1)- q? STALL BIKE LANE MILE MARKER 'B6' SIGN (X2 INSTALL BIKE LANE SIGN I I I I I I I I I I (R3-17) (R3-17) REMOVE AND REINSTALL US INTERSTATE ROUTE 6 JUNCTION ON M1-4 k M2-1 �� m Ti 57+37.57 X¢ 1 _ J -_ BURUNGTON ST �— 1 f u --INSTILLBIKE LANE SIGN (R3-17) INSTALL BIKE _ANE ENDS SIGN IIIIIIIIII I G1 REMOVE AND REINSTALL STOP EXISTING UNIVERSITY Qp 4 & 00 NOT ENTER SIGN (RI -1 OF IOWA SIGN � z & R5-1) INSTALL BIKE LANE SIGN (133-17) ROAD DESIGN CARD PRODUCED SE 10- 1 FIT- REGION I I FISCAL LEAR 2011 JOHNSON COUNTI PROJECT NUMBER NHSX-001-5(120)--3H-52 IHEET NUMBERP.3 Prepared by. Jason Reichart Public Works, 410 E. Washington St, Iowa city, IA 52240319-35&5416 7, Resolution No. 18-318 Resolution authorizing the acquisition of property interests necessary for construction of the Burlington and Madison Intersection Improvements Project. Whereas, the City of Iowa City desires to construct the Burlington and Madison Intersection Improvements Project ("Project") which includes the widening of Burlington Street from Madison Street to Front Street and the installation of buffered bike lanes; and Whereas, the City Council has determined that construction of the Project is a valid public purpose under State and Federal law, and has further determined that acquisition of certain property rights is necessary to construct, operate and maintain the proposed project; and Whereas, the City staff has determined the location of the proposed Project; and Whereas, City staff should be authorized to acquire necessary property rights at the best overall price to the City; and Whereas, funds for this project are available in the Burlington & Madison Intersection Improvements account # S3834. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: The City Council finds that it is in the public interest to acquire property rights by warranty deed, quit -claim deed, and/or easement for the construction of the Burlington and Madison Intersection Improvements Project ("Project") which Project constitutes a public improvement under Iowa law. The City Council further finds that acquisition of said property rights is necessary to carry out the functions of the Project, and that such Project constitutes a valid public purpose under state and federal law. 2. The City Manager or designee is hereby authorized and directed to negotiate the purchase of property rights by warranty deed, quit -claim deed and/or easement for the construction, operation and maintenance of the Project. The City Manager or designee is authorized to sign purchase agreements for the purchase of property and/or easements, and offers to purchase property and/or easements. 3. The City Manager or designee, in consultation with the City Attorney's Office, is authorized and directed to establish, on behalf of City, an amount the City believes to be just compensation for the property to be acquired, and to make an offer to purchase the property for the established fair market value. 4. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized to execute and attest easement agreements and agreements in lieu of condemnation. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. 5. In the event the necessary property rights for the Project cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for acquisition of any and all property rights necessary to fulfill the functions of the Project, as provided by law. Resolution No. 18-318 Page 2 Passed and approved this gnri, day of November , 2018 Attest: City Clerk It was moved by salib adopted, and upon roll call there were: Ayes: x M or and seconded by Nays: proved by / l/ -/ L/ -/ City Attorneys Office Mims the Resolution be Absent: Cole Mims Salih Taylor Teague Thomas Throgmorton Item Number: 71. r �, CITY OF IOWA CITY COUNCIL ACTION REPORT November 20, 2018 Resolution authorizing the acquisition of property interests necessary for construction of the Prentiss Street Bridge Replacement Project. Prepared By: Brett Zimmerman, Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: Funding will be available via the Prentiss Street Bridge Replacement account #S3935 Recommendations: Staff: Approval Commission: N/A Attachments: Location Map Resolution Executive Summary: Preliminary design for the Prentiss Street Bridge Replacement Project has been completed. The proposed improvements require the acquisition of temporary construction easements and permanent right-of-way from property owners within the project corridor. Background /Analysis: The 2015 Biennial Bridge Inspection Program reported that the Prentiss Street Bridge over Ralston Creek is suffering from bulging and severe corrosion of the corrugated metal pipe culverts, damaged and undermined inlet and headwall, and cracked street pavement. Recent pavement replacement in the area uncovered significant voiding under the pavement, further emphasizing the need for the project. The bridge was limited to a 20 -ton weight embargo due to its current condition. In addition, the existing storm sewer along Prentiss Street, from Ralston Creek to Dubuque Street, is undersized and has a history of surcharging during large rain events. Temporary construction easements are required for installation of paving and a temporary stream diversion channel. Permanent right-of-way is required for the installation and maintenance of the new bridge. ATTACHMENTS: Description Location Map Resolution Prentiss Street Bridge Replacement Project N Location Map A 0 - 1 714 LU H ISON HARRISON fth, ui 1AI'l uj Oki, weQ f ��j Li PRENTISS Rok J,, WRIGHT , 22 ut "77 Ak ,00 tO ;0yg If Prepared by. Brett Zimmerman, CM Engineer, Public Works, 410 E. Washington St, Iowa City, IA 57240 319-356-044 Resolution No. 18-319 Resolution authorizing the acquisition of property interests necessary for construction of the Prentiss Street Bridge Replacement Project. Whereas, the City of Iowa City desires to construct the Prentiss Street Bridge Replacement Project ("Project") which includes removal and replacement of the Prentiss Street bridge and removal and replacement of paving and storm sewer along Prentiss Street between Dubuque Street and Linn Street; and Whereas, the City Council has determined that construction of the Project is a valid public purpose under State and Federal law, and has further determined that acquisition of certain property rights is necessary to construct, operate and maintain the proposed project; and Whereas, the City staff has determined the location of the proposed Project; and Whereas, City staff should be authorized to acquire necessary property rights at the best overall price to the City; and Whereas, funds for this project are available in the Prentiss Street Bridge Replacement account #53935 Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that 1. The City Council finds that it is in the public interest to acquire property rights by warranty deed, quit -claim deed, and/or easement for the construction of Prentiss Street Bridge Replacement Project ("Project") which Project constitutes a public improvement under Iowa law. The City Council further finds that acquisition of said property rights is necessary to carry out the functions of the Project, and that such Project constitutes a valid public purpose under state and federal law. 2. The City Manager or designee is hereby authorized and directed to negotiate the purchase of property rights by warranty deed, quit -claim deed and/or easement for the construction, operation and maintenance of the Project. The City Manager or designee is authorized to sign purchase agreements for the purchase of property and/or easements, and offers to purchase property and/or easements. 3. The City Manager or designee, in consultation with the City Attorney's Office, is authorized and directed to establish, on behalf of City, an amount the City believes to be just compensation for the property to be acquired, and to make an offer to purchase the property for the established fair market value. 4. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized to execute and attest easement agreements and agreements in lieu of condemnation. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. 5. In the event the necessary property rights for the Project cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for acquisition of any and all property rights necessary to fulfill the functions of the Project, as provided by law. Passed and approved this 20th day of November , 2018 Resolution No. 18-319 Page 2 Attest: City Clerk It was moved by salih adopted, and upon roll call there were: Ayes: roved a-1 y -I? City Attorney's Office and seconded by Mims the Resolution be Nays: Absent: Cole Mims Salih Taylor Teague Thomas Throgmorton Item Number: 7.g. + r ui �1 lat • yyrrmr�� CITY Ok IOWA CITY www.icgov.org November 20, 2018 Resolution approving final plat of Walnut Crossing, Iowa City, Iowa. (SUB18- 00015) ATTACHMENTS: Description 6tat.t. Report Resolution To: City Council Item: SUB18-00015 Walnut Crossing Final Plat GENERAL INFORMATION: STAFF REPORT Prepared by: Jesi Lile, Associate Planner & Anne Russett, Senior Planner Date: November 20, 2018 Applicant: Tom Randall PO Box 157 North Liberty, IA 52317 319-594-5392 tom@randallelectric.net Contact Person: Jon Marner 1917 S. Gilbert St Iowa City, IA 52240 319-351-8282 j.marner@ mmsconsultants.net Requested Action: Final plat approval; A replat of Block 2, Summit Hill Addition Purpose: To allow for two single-family residential homes Location: 1018 Walnut Street c r � „ `o m Location Map: Size: 0.35 acres Existing Land Use and Zoning: Previous Commercial; Medium Density Single - Family Residential (RS -8) Surrounding Land Use and Zoning Comprehensive Plan: Neighborhood Open Space District: File Date: 60 Day Limitation Period: BACKGROUND INFORMATION: 2 North: Railroad; Medium Density Single -Family Residential (RS -8) with a Conservation District Overlay Low Density Single -Family Residential (RS -5) with a Historic District Overlay South: Medium Density Single -Family Residential (RS -8) East: Medium Density Single -Family Residential (RS -8) West: Medium Density Single -Family Residential (RS -8) Central District Plan C5, Mark Twain October 30, 2018 December 29, 2018 The applicant, Tom Randall, is requesting approval of the final plat of Walnut Crossing, a replat of Block 2, Summit Hill Addition. Walnut Crossing is a 2 -lot, 0.35 -acre residential subdivision located at 1018 Walnut Street. The Subdivision Code provides staff with the ability to waive the preliminary plat stage in certain cases. Staff utilized this waiver for this plat since the land was previously subdivided and developed. This plat was originally part of the Summit Hill subdivision, recorded July 281h, 1857. Because of the age of the subdivision, there is little background information available. A plat of survey to create Auditor's Parcel 2001049 in Block 2 of the Summit Hill Addition was approved by the City's Neighborhood and Development Services Director in 2001. In 1933, an automotive repair shop was built. It remained in commercial use with periodic improvements and additions until October 7, 2017 when a fire broke out that resulted in $1 million in damage and a loss of use of the building. Approval of the final plat will allow the development of two single-family homes. ANALYSIS: The lot size, lot boundaries, and total square footage for the final plat of Walnut Crossing is in general compliance with subdivision regulations. Legal papers are currently being reviewed by the City Attorney's Office. It is anticipated that these documents will be approved prior to the November 20, 2018 Council Meeting. The final plat does not show utility easements, which Public Works says are not needed in this case. The City's Wastewater Division needs additional information about the sewer PCD\Staff Reports\staff report-amr.docx 3 abandonment from the fire damaged building. Specifically, it needs confirmation that the sewer was either abandoned correctly or there is a plan to reuse it. This does not impact the platting, but is information the City will need prior to issuance of any building permits. Additionally, if it is not being reused, the existing water service line will need to be properly abandoned. The City has reached out to the property owner regarding possible abandonment of the water service line. Neighborhood Open Space: The City's Parks Master Plan identifies the proposed subdivision as part of the C5 Neighborhood Open Space District. The City's Neighborhood Open Space Ordinance requires the dedication of land or a payment of a fee in -lieu. Based on the RS -8 zoning and the 0.35 acre site, the applicant would be required to dedicated 0.01 acres or pay a fee in -lieu. Since this is a small, infill plat, payment of a fee in -lieu is appropriate. Infrastructure Fees: The applicant is not required to pay a water main extension fee or other infrastructure improvement fees. STAFF RECOMMENDATION: Staff recommends approval of SUB18-000151 the final plat of Walnut Crossing, a 2 -lot, 0.35 acre residential subdivision located at 1018 Walnut Street subject to approval of legal papers by the City Attorney. ATTACHMENTS: 1. Location Map 2. Final plat Approved by: Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services PCD\Staff Reports\staff report-amr.docx CITY OF IOWA CITY A14 Si E 1— -4 7 7' AL 1AI. Uj PAGE ST; Uj -7 0 f dei 0 71 Oi4 l V, PC INI 1 1 A WALNUT ST A—Md6 VL*4 *Aw a 'Ay, -7t f 1wi 4 > Imp pp C/) LU LU cf) 0 0 4 An application submitted by Tom Randall for the approval 111111111 DAVE of a final plat for Walnut Crossing, a 0.35 acre, 2 -lot 0 0 W residential subdivision located at 1018 Walnut Street. 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Washington St., Iowa City, IA 52240 (319) 356-5240 (SUB18-00015) Resolution No. 18-320 Resolution Approving Final Plat Of Walnut Crossing, Iowa City, Iowa. Whereas, the owner, Tom Randall, filed with the City Clerk the final plat of Walnut Crossing, Iowa rrlt" Inwn Johnson Countv, Iowa; and INCOMPLETE DOCUMENT Item Number: 11. r �, CITY OF IOWA CITY COUNCIL ACTION REPORT November 20, 2018 Resolution Approving and authorizing the Mayor to Sign and the City Clerk to attest an Economic Development Communication Plan between the Iowa City Area Development Group and Participating Cities Prepared By: Geoff Fruin, City Manager Reviewed By: Geoff Fruin, City Manager Ashley Monroe, Assistant City Manager Fiscal Impact: N/A Recommendations: Staff: Approval Commission: N/A Attachments: Economic Development Communications Plan Resolution Executive Summary: Forthe last couple of years, staff at the Iowa City Area Development Group (ICAD) and the cities of Iowa City, Coralville, and North Liberty have been engaging in discussions regarding how we can better work together as a region when existing local companies seek incentives to move from one community to another. The results of those discussions is a written communication plan that defines steps and approvals needed in those situations. We collectively believe that a written plan will help strengthen our regional approach to economic development and also reduce the likelihood that communities will unnecessarily compete against each other with financial incentives for projects that do not add to the regional economy. Background /Analysis: The attached plan recognizes that the regional economy will grow stronger and be more attractive for business growth if communities work together on economic development, rather than in competition with one another. The plan restricts I CAD and participating cities from actively pursuing businesses in one community to relocate to another community. It also commits participating cities to hold developers that receive financial assistance for speculative buildings from actively pursuing businesses currently located in another participating community. The plan further lays out a series of steps that must be followed when a participating city or I CAD is contacted by a businesses that seeks to relocate from one participating city to another. Those steps include: 1. I CAD and/or the contacted community, or its third party representative, will advise the business of this communication plan. 2. 1 CAD and/or the contacted community, or its third party representative, will ask the business whether it has advised the home community that it is considering relocation, and if not, whether it objects to I CAD or the contacted community advising the home community of the inquiry. If ICAD has not been involved in the initial communication, then the contacted community will also inquire if the business objects to the contacted community advising I CAD of the inquiry. 3. If the home community and/or ICAD has not been advised and the business does not object, the contacted community, or its third party representative, will promptly notify the point of contact from the home community and I CAD in writing of the inquiry. 4. If the home community and/or ICAD has not been advised and the business does object, the contacted community, or its third party representative, will inform the company of this plan and applicable state law, and that no further discussions regarding relocation or consolidation will take place until the home community is notified. This does not preclude the contacted community from providing basic information on zoning, land use regulations, utility fees and other similar items that are publicly available and commonly communicated to any prospective business. 5. 1 CAD and/or the communities, or their third party representatives, will not propose or offer incentives, including required matches to State of Iowa incentive programs, to the business in support of its relocation or consolidation until the home community has approved in writing that incentives can be used. This does not preclude I CAD from informing businesses about available State of Iowa incentive programs. 6. In the event that ICAD or participating communities learn of a business considering relocation or consolidating operations from a participating community to a non -participating community, it will be the responsibility of those participating communities to immediately inform each other of such. This series of communication steps will help ensure that ICAD and participating cities are communicating and coordinating on economic development matters. It also states our expectations to businesses seeking financial incentives upfront. The I CAD Board approved the plan at its November 9th Board meeting. The cities of Coralville and North Liberty intend to consider the item at their November 27th meetings. Assuming approval, the plan allows for other communities in the region to participate. Participating communities can terminate their involvement in the plan with 180 days notice. Staff believes this plan represents a significant step forward in our regional economic development efforts. We recommend Council approval and will update the Council on its effectiveness annually along with I CAD's annual presentation to the City Council. ATTACHMENTS: Description Resolution Economic Development Communication Plan Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 18-321 Resolution approving and authorizing the Mayor to sign and the City Clerk to attest an Economic Development Communication Plan between the Iowa City Area Development Group and Participating Cities Whereas, the regional economy will grow stronger and be more attractive for business growth if communities work together on economic development, rather than in competition with one another; and, Whereas, the Iowa City Area Development Group (ICAD) and the cities of Iowa City, Coralville, and North Liberty have developed a communication plan that defines steps and approvals needed when existing local companies seek incentives to move from one community to another; and, Whereas, a written communication plan will help strengthen the desired regional approach to economic development and reduce the likelihood that communities will unnecessarily compete against each other with financial incentives for projects that do not add to the regional economy; and, Whereas, approval and execution of the attached Economic Development Communication Plan is in the best interests of the City of Iowa City and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CIN OF IOWA CITY, IOWA, THAT: The Economic Development Communication Plan, which is attached hereto and made a part of hereof, is hereby approved as to form and content; and The Mayor and City Clerk are authorized and directed to execute said Communication Plan on behalf of the City of Iowa City, Iowa. Passed and approved this 20th day of November ATTEST;. CITY CLER71< Apr ed (� //— City Attorney's Offs e 20 18 MAYOR Resolution No. Page 2 18-321. It was moved by Mims and seconded by Taylor _ the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Cole x Mims x Salih x Taylor x Teague x Thomas x Throgmorton An Economic Development Communication Plan between the Iowa City Area Development Group and Participating Cities Purpose The Iowa City Area Development Group (ICAD) and the undersigned member communities (hereinafter "communities' or "participating communities") join in the prospect of promoting economic development throughout the region. Working together, these communities seek to highlight the region's strengths and focus on maintaining an attractive environment for business startup and expansion. The communities seek to expand business opportunities within their own municipal boundaries, but do not wish to do so at the expense of those participating in this plan. Inevitably, for various reasons, businesses may seek to migrate from one community to another. In such cases, this document outlines a communication plan for ICAD and participating communities that aims to promote collaborative communication at all stages of an economic development project. Definitions For the purposes of this plan, "relocation' means the closure or substantial reduction of an enterprise's existing operations in one participating community and the initiation of substantially the same operation in another participating community. This plan does not prohibit an enterprise from expanding its operations in another participating community provided that existing operations of a similar nature are not closed or substantially reduced. Relocation includes the process of reducing operations in one community while simultaneously applying for assistance from another community. A reduction in operations within six months before an application for assistance is filed is presumed to be a reduction in operations while simultaneously applying for assistance. Economic Development Principles In the interest of promoting economic well-being and growth of our communities and greater region, we, the undersigned, agree to the following principles: Business Attraction and Retention. The regional economy will grow stronger and be more attractive for business growth if communities work together on economic development, rather than in competition with one another. The communities and ICAD seek to grow the regional economy knowing that regional growth will translate into jurisdictional growth. The participating communities are committed to attracting new businesses, retaining or expanding existing businesses, and promoting their cities as good places for business. While business migration will occur, the communities are dedicated to refraining from actively encouraging business migration from one city to another. Active Pursuit. When a business has not taken the initiative to express an interest in moving from one city to another, ICAD and the communities will not actively pursue that business to encourage it to relocate. "Actively pursue" means to initiate contact with the business directly, with the intent of luring the business through phone calls, visits, mail solicitations, marketing, or through a third party. This does not preclude ICAD or the communities from marketing themselves as a good place to do business, generally promoting the benefits of starting, expanding, or locating a business in their city, or responding to questions and requests for information posed by a business. It further does not preclude ICAD from performing company site visits and related retention efforts, such as Synchronist (or other similar) surveys and interviews with businesses in any participating cities. If a community provides incentives for public infrastructure that supports private development or incentives that directly support speculative buildings (tenants for future project unknown at time of incentive), the community agrees to discourage developers, realtors and others involved with the project from recruiting businesses from the other participating communities. Moreover, each participating community shall incorporate language into development agreements prohibiting developers from actively pursuing businesses located in participating communities. Sample Development Agreement Language Developer agrees that in marketing space in the Project for other term used to describe the development project in the development agreement], the Developer shall not actively pursue a business located in the cities of and father participating communities] and encourage it to relocate. "Actively pursue" means to initiate contact with the business directly, with the intent of luring the business through phone calls, visits, mail solicitations, marketing, through a third party or otherwise. This does not preclude Developerfrom generally promoting the benefits of the Project for other term used to describe the development project in the development agreement], or responding to questions and requests for information posed by a business. Developer acknowledges that it has received a copy of the Agreement Establishing an Economic Development Protocol between the Iowa City Area Development Group and Participating Cities and agrees to act consistently with the principles articulated therein. This provision shall be binding upon Developer's successors and assigns. Businesses located in an incubator (designated space for business incubation), co -working or other similar facilities supported in whole or in part by ICAD or the University of Iowa are not subject to the principals of this plan when it relates to the relocation of a business from one of the above described facilities in one participating community to another participating community. Economic Development Communication Plan In the event a business residing in a different community ("the home community") contacts ICAD or another community ("the contacted community") to discuss possible relocation, or in the event a business desires to consolidate its operations (already established in two or more of the participating communities) to the contacted community, whether that contact be directly or through a representative, the following communication protocol will be implemented: 1. ICAD and/or the contacted community, or its third party representative, will advise the business of this communication plan. Z. ICAD and/or the contacted community, or its third party representative, will ask the business whether it has advised the home community that it is considering relocation, and if not, whether it objects to ICAD or the contacted community advising the home community of the inquiry. If ICAD has not been involved in the initial communication, then the contacted community will also inquire if the business objects to the contacted community advising ICAD of the inquiry. 3. If the home community and/or ICAD has not been advised and the business does not object, the contacted community, or its third party representative, will promptly notify the point of contact from the home community and ICAD in writing of the inquiry. 4. If the home community and/or ICAD has not been advised and the business does object, the contacted community, or its third party representative, will inform the company of this plan and applicable state law, and that no further discussions regarding relocation or consolidation will take place until the home community is notified. This does not preclude the contacted community from providing basic information on zoning, land use regulations, utility fees and other similar items that are publicly available and commonly communicated to any prospective business. 5. ICAD and/or the communities, or their third party representatives, will not propose or offer incentives, including required matches to State of Iowa incentive programs, to the business in support of its relocation or consolidation until the home community has approved in writing that incentives can be used. This does not preclude ICAD from informing businesses about available State of Iowa incentive programs. 6. In the event that ICAD or participating communities learn of a business considering relocation or consolidating operations from a participating community to a non -participating community, it will be the responsibility of those participating communities to immediately inform each other of such. Priority of this Communication Plan The provisions of this plan cannot be superseded by agreements for confidentiality or other contracts between a local government or nonprofit economic development organizations and a business. Local business will be made aware of this plan immediately upon contacting a local government or ICAD about relocating within the participating communities. Addition of Participants ICAD and the participating communities strongly encourage other communities within the region to participate in this plan. Upon request, the communities will consider the addition of other participating communities. Point of Contact For the purposes of this agreement, the points of contacts for the participating communities are as follows: 1. Iowa City: City Manager. 2. Coralville: City Administrator. 3. North Liberty: City Administrator. 4. ICAD: President. Term and Review The plan shall be effective when signed by all communities and shall remain in effect until terminated in accordance with subparagraph 1 of the General Provisions below. In order to continually remind the participating communities of this plan and review its effectiveness, ICAD shall be responsible for outlining the terms and reporting on the usage of the communication protocol at its regular annual update meetings with the City Council in each of the participating communities. Non -Substitution This plan shall not constitute a "written agreement concerning the general use of economic incentives to attract commercial or industrial development" for purposes of Iowa Code Section 403.19(9)(a)(1). General Provisions of the Communication Plan 1. Termination: Any community can end its participation in this plan by providing at least 180 days written notice to the other communities. Such termination shall be effective 180 days from the date stated on such a notice. In the event only one participating community remains, the plan shall no longer be in effect. 2. Amendment or Modification: This plan may be amended or modified by ICAD or the participating communities, provided that any such modification or amendment shall only be effective upon formal approval of the governing bodies of all participating communities and ICAD. �- 4- 11/20/18 Ma or, City of Iowa City Date Attest: e1ty 11/20/18 Date City of Cor City Clerk, i Of City Clerk, Cid of North Liberty 1\-�,f "a -,j Date 12-11^ lbr Date I t 11 I V Date Date I 2-1,r /, s President of the Board, Iowa City Area Development Group Date RESOLUTION NO. 2018- ZL RESOLUTION APPROVING AN ECONOMIC DEVELOPMENT CONINT NICATION PLAN BETWEEN TIE IOWA CITY AREA DEVELOPMNENT GROUP ("ICAD") AND PARTICIPATING CITIES. WHEREAS, the City Council of the City of Coralville has heretofore deemed it necessary and desirable to enter into an Economic Development Communication Plan for ICAD and participating communities that aims to promote collaborative communication at all stages of an economic development project involving a business migrating from one participating community to another; and WHEREAS, ICAD has submitted an Economic Development Communication Plan to participating communities. WHEREAS, the City Administrator has recommended approval of said Economic Development Communication Plan. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Coralville, Johnson County, Iowa, that the aforementioned Economic- Development Communication Plan be and the same is hereby approved. BE IT FURTHER RESOLVED, that the Mayor and Cite Clerk are hereby authorized and directed to execute said Economic Development Communication Plan on behalf of the City. ATTEST: Passed and approved this 1 1 s, day of December, 2018. City Clerk Lundell,�,• The above foregoing Resolution 2018-268 was introduced by Council Member Goodrich moved for its adoption. This motion was seconded by Council Member Gross after discussion, the following roll was called: AYES: Dodds, Goodrich, Foster, Gross, Gill NAYS: None ABSENT: None Whereupon the Mayor declared the motion duly carried and the Resolution duly adopted December 11, 2018. --Tu - -- ------ J n A. Lundell, Mayor ATTEST: f` ��'l----------- Thorsten J. ohnson, City Clerk Resolution No. 2018-151 RESOLUTION APPROVING THE ECONOMIC DEVELOPMENT COMMUNICATION PLAN BETWEEN THE IOWA CITY AREA DEVELOPMENT GROUP AND PARTICIPATING CITIES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH LIBERTY, IOWA: WHEREAS, the Iowa City Area Development Group (ICAD) and Iowa City, Coralville and North Liberty join in the prospect of economic development; WHEREAS, businesses may seek to migrate from one community to another; and WHEREAS, the Economic Development Communication Plan outlines the communication plan for ICAD and communities to promote cooperation and collaboration in economic development. NOW, THEREFORE, BE IT RESOLVED that the Economic Development Communication Plan be approved. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute said plan. APPROVED AND ADOPTED this 11th day of December, 2018. CITY OF NORTH LIBERTY: T DD AHIM, MAYOR PT/EST: I, Tracey Mulcahey, City Clerk of the City of North Liberty, hereby certify that at a meeting of the City Council of said City, held on the above date, among other proceedings, the above was adopted. TRACEY CAHEY, CITY Cl,RK North Liberty - 2018 Resolution Number 2019-151 Page 1 Item Number: 12. r �, CITY OF IOWA CITY COUNCIL ACTION REPORT November 20, 2018 Resolution approving project manual and estimate of cost for the construction of the Hickory Hill Park Improvements Project — Phase 1, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Prepared By: Jason Reichart, Civil Engineer Reviewed By: Juli Seydell-Johnson, Parks and Recreation Director Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $306,000.00 available in the Hickory Hill Park & Trail Redesign & Development account # R4224 Recommendations: Staff: Approval Commission: Presented to Parks Commission on April 12, 2017 Attachments: Resolution Executive Summary: The Hickory Hill Park Improvements Project — Phase 1 includes trail, bridge, and drainage improvements in Hickory Hill Park as detailed in the Hickory Hill Park Master Plan. This project also includes new signage and wayfinding throughout the park. Background /Analysis: A Master Plan was completed for Hickory Hill Park in 2016. Creation of this Master Plan included input from members of the Friends of Hickory Hill along with public comment at a series of public meetings as well as on-line comments. The Hickory Hill Park Improvements Project implemented the highest priorities of this plan and included clearing and grubbing; aggregate trail construction; stormwater drainage improvements including water bars, subdrain and rip -rap; three new pedestrian bridges including one timber and two pre-engineered steel bridges and concrete abutments; ADA sidewalk improvements; and new signage and wayfinding throughout the park. Project Plans and Specifications for the Hickory Hill Trail Bridge Replacement Project were approved at the September 4, 2018 Council Meeting, and two bids were submitted prior to the September 27th deadline. Both bids were rejected at the October 2nd Council meeting because the low base bid exceeded the Engineer's Estimate by 47% Based on the budgetary constraints and contractor comments received at the pre-bid meeting, City staff believes it would be best to break the Hickory Hill Project into two phases. Staff has worked with the Consultant to revise the project documents to better reflect available funding and contractor availability. The current project (Phase 1) includes removal and replacement of aggregate trail, installation of water bars and drainage improvements, construction of one new steel pedestrian bridge and installation of signage improvements on the east side of Hickory Hill Park. A future project (Phase 2) will include the remaining high priority trail, bridge, drainage, and signage improvements on the west side of Hickory Hill Park. Depending on funding available following bidding of Phase 1, final design of the Phase 2 project could begin as soon as early 2019. The plans, specifications, form of contract, and estimate of cost for construction of the Hickory Hill Park Improvements Project — Phase 1 have been filed in the Office of the City Clerk for public examination. The estimated cost of construction is $306,000.00 and the project is expected to be completed in Spring 2019. ATTACHMENTS: Description Resolution Prepared by: Jason Reichert, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 3565416 Resolution No. 18-322 Resolution approving project manual and estimate of cost for the construction of the Hickory Hill Park Improvements Project — Phase 1, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Whereas, notice of public hearing on the project manual and estimate of cost for the above- named project was published as required by law, and the hearing thereon held; and Whereas, the City Engineer or designee intends to post notice of the project on the website owned and maintained by the City of Iowa City; and Whereas, funds for this project are available in the Hickory Hill Park & Trail Redesign & Development account # R4224. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: 1. The project manual and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to post notice as required in Section 26.3, not less than 13 days and not more than 45 days before the date of the bid letting, which may be satisfied by timely posting notice on the Construction Update Network, operated by the Master Builder of Iowa, and the Iowa League of Cities website. 4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 3:00 p.m. on the 10th day of December, 2018. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 18th day of December, 2018, or at a special meeting called for that purpose. Passed and approved this 20th day of November 2018. MaWor Attest i City Clerk I Froved b( ?.I 1 �/-) - City Attorney's Office 12 Resolution No. 18_322 Page 2 It was moved by trims and seconded by Thomas the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: Cole Mims Salih Taylor Teague Thomas Throgmorton Item Number: 13. r �, CITY OF IOWA CITY COUNCIL ACTION REPORT November 20, 2018 Resolution approving plans, specifications, form of agreement, and estimate of cost for the construction of the City Hall MPOJC Renovation Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Prepared By: Brett Zimmerman, Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: The estimated cost for this project is $126,000.00 and will be funded by Accounts #E4522 and #E4520. Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: This agenda item begins the bidding process for the City Hall MPOJC Renovation Project. The base bid scope of work for this project includes painting and removal and replacement of flooring, ceiling tile, and lighting in the areas to be renovated. Additionally, the project will construct a large conference room, additional office space, a storage area, and an entry counter. Electrical and HVAC infrastructure will be updated to current code requirements. The project base bid estimate is $126,000.00. There are four alternates in addition to the base bid, including: • Alternate #1 — ($15,800) Renovation of north offices • Alternate #2 — ($10,950) Replacement of flooring in all areas not covered by the base bid • Alternate #3 — ($4,100) Replacement of ceiling in all areas not covered by the base bid • Alternate #4 — ($3,650) Painting of areas not covered by the base bid. Background /Analysis: As part of ongoing restorations to City Hall, this project will renovate the MPOJC office to better serve the department's needs. The current MPOJC office has an inadequate number of offices and desk space, and many of the finishes are worn and are nearing the end of their useful life. This project will address those needs as well as the need for additional conference room space in City Hall. Project Timeline: Set Public Hearing — November 6, 2018 Hold Public Hearing — November 20, 2018 Bid Letting — February 13, 2018 Award Date — December 11, 2018 Construction Start — February 4, 2019 Final Completion — May 31, 2019 ATTACHMENTS: Description Resolution 13 Prepared by: Brett Zimmerman, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 Resolution No. 18-323 Resolution approving plans, specifications, form of agreement, and estimate of cost for the construction of the City Hall MPOJC Renovation Project, establishing amount of bid security to .accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Whereas, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held; and Whereas, the City Engineer or designee intends to post notice of the project on the website owned and maintained by the City of Iowa City; and Whereas, funds for this project are available in account #s E4522 and E4520. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to post notice as required in Section 26.3, not less than 13 days and not more than 45 days before the date of the bid letting, which may be satisfied by timely posting notice on the Construction Update Network, operated by the Master Builder of Iowa, and the Iowa League of Cities website. 4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 3:00 p.m. on the 11th day of December, 2018. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 18"' day of December, 2018, or at a special meeting called for that purpose. Passed and approved this 20th day of November _'2018. M or A`p�pr ved by Attes City lerk City Attorney's Office Resolution No, 18-323 Page 2 It was moved by salih adopted, and upon roll call there were: Ayes: and seconded by 'Thomas the Resolution be Nays: Absent: x Cole x Mims x Salih x Taylor x Teague x Thomas x Throgmorton Item Number: 14. r �, CITY OF IOWA CITY COUNCIL ACTION REPORT November 20, 2018 Resolution approving project manual and estimate of cost for the construction of the West Riverbank Stabilization Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Prepared By: Ben Clark, Sr. Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $895,000 available in the West Riverbank Stabilization and Trail fund #P3981. Recommendations: Staff: Approval Commission: N/A Attachments: Location Map Design Exhibits Resolution Executive Summary: This agenda item begins the bidding process for the West Riverbank Stabilization Project. Background /Analysis: High water along the Iowa River, particularly during the 2013, 2014 and now 2018 flood events, has accelerated bank erosion along the west side of the Iowa River just north of Highway 6. If left unchecked, additional loss of property will result and could impact the installation of a planned recreational trail along that stretch of the Iowa River. The project will involve constructing a retaining wall that will stabilize the river bank and accommodate a future recreational trail. Project Timeline: Set Public Hearing — November 6th, 2018 Hold Public Hearing — November 20th, 2018 Bid Letting — December 18th, 2018 Award Contract — January 8th, 2019 Final Completion — May 31 st, 2019 ATTACHMENTS: Description Location Map Design Exhibit 1 Design Exhibit 2 Resolution West Riverbank Stabilization Project I Location Map A 01�1 in w II N Z J U w Q a p Z LL U O } Z um=. w m w M m QIM I 0 Y Q m r Z_ O a N O x r Z O � - � m N F N r m w J F p w ? m O z xr rjz > z ¢ ¢ w w sQ r0 as :1u ¢z w z F= r ZO O r U w Q O N u (D Z w d ma p Z Z Z jlO r j F LL Z -0 2Z O pl7 U in w II N Z J U w Q a p Z LL U O } Z um=. r z M w m w M m QIM I X r z M I o 0 oz o� o0 oz w zoi e,c"y } C', O u c � Q Y Z 3 Q o o Z O R 0 u 3 w 14 Prepared by Ben Clark, Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)356-5436 Resolution No. 18-324 Resolution approving project manual and estimate of cost for the construction of the West Riverbank Stabilization Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Whereas, notice of public hearing on the project manual and estimate of cost for the above- named project was published as required by law, and the hearing thereon held; and Whereas, the City Engineer or designee intends to post notice of the project on the website owned and maintained by the City of Iowa City; and Whereas, funds for this project are available in the West Riverbank Stabilization and Trail fund #P3981. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: The project manual and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to post notice as required in Section 26.3, not less than 13 days and not more than 45 days before the date of the bid letting, which may be satisfied by timely posting notice on the Construction Update Network, operated by the Master Builder of Iowa, and the Iowa League of Cities website. 4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 3:00 p.m. on the 18'" day of December 2018. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 8"' day of January 2019, or at a special meeting called for that purpose. Passed and approved this 20th day of November 2018. /�- M or ') EMAttest: /') City Clerk City Attorney's Office Resolution No. 18-324 Page 2 It was moved by _ trims and seconded by salih the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: Cole Mims Salih Taylor Teague Thomas Throgmorton Item Number: 15. r �, CITY OF IOWA CITY COUNCIL ACTION REPORT November 20, 2018 Resolution approving project manual and estimate of cost for the construction of the Wastewater Treatment Facility Backup Generation and Electrical Distribution Upgrade Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Prepared By: Ben Clark, Sr. Civil Engineer Reviewed By: Tim Wilkey, Wastewater Superintendent Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: The estimated cost of construction for this project is $1,500,000 with funds available in the Generator Relocation & Emissions Upgrade fund account #V3143 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: This agenda item begins the bidding process for the for the Wastewater Treatment Facility Backup Generation and Electrical Distribution Upgrade Project. Background /Analysis: This project will upgrade the existing electrical distribution system and backup generation equipment necessary to meet current and future demands. It includes the installation of a packaged engine generator and 15kV electrical switchgear. It also includes installing electrical ductbank between utility metering cabinets, packaged engine generator and switchgear. An existing building will be renovated to house a new battery room and the switchgear, including upgrades to the roof, HVAC equipment and plumbing. Project Timeline: Set Public Hearing — November 6th, 2018 Hold Public Hearing — November 20th, 2018 Bid Letting —December 19th, 2018 Award Contract — January 81h, 2019 Final Completion — October 4th, 2019 ATTACHMENTS: Description Resolution IG Prepared by Ben Clark, Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)3565436 Resolution No. 18-325 Resolution approving project manual and estimate of cost for the construction of the Wastewater Treatment Facility Backup Generation and Electrical Distribution Upgrade Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Whereas, notice of public hearing on the project manual and estimate of cost for the above- named project was published as required by law, and the hearing thereon held; and Whereas, the City Engineer or designee intends to post notice of the project on the website owned and maintained by the City of Iowa City; and Whereas, funds for this project are available in the Backup Generator and Electrical System Upgrade account # V3143. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: The project manual and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to post notice as required in Section 26.3, not less than 13 days and not more than 45 days before the date of the bid letting, which may be satisfied by timely posting notice on the Construction Update Network, operated by the Master Builder of Iowa, and the Iowa League of Cities website. 4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 2:30 p.m. on the 19th day of December 2018. At that time, the bids Will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 8th day of January 2019, or at a special meeting called for that purpose. Passed and approved this 20th day of November _'2018. M11yor ' Wrov d by Attest:4 City Clerk City Attorney's Office Resolution No. 18-325 Page 2 It was moved by Thomas adopted, and upon roll call there -were: Ayes: and seconded by Nays: Cole the Resolution be Absent: Cole Mims Salih Taylor Teague Thomas Throgmorton Item Number: 16. r �, CITY OF IOWA CITY COUNCIL ACTION REPORT November 20, 2018 Resolution approving project manual and estimate of cost for the construction of the 2018 Annual Sewer Rehabilitation Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Prepared By: Jason Reichart, Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $417,000.00 available in the Annual Sewer Repair account # V3101 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: The 2018 Annual Sewer Rehabilitation Project is part of ongoing sanitary sewer maintenance that includes lining sewer pipes and manholes at various locations throughout the city. Background /Analysis: The 2018 Annual Sewer Rehabilitation Project will include Cured -in-place Pipe (Cl PP) lining work at the following sites: Black Springs Trunk from Lower City Park to Granada Court to Manor Drive to Normandy Drive to Lee Street Front Street from Burlington Street to West Harrison Street Hafor Circle from Hafor Circle to Teg Drive Manor Drive from Park Place to Normandy Drive Eastmoor Drive from Normandy Drive to Manor Drive Rider Street at Lee Street Van Buren Street from the Chauncey Parking Ramp to Washington Street Webster Street from Page Street to Kirkwood Avenue The estimated cost of construction is $417,000.00 and the project is expected to be completed in Spring 2019. ATTACHMENTS: Description Resolution El Prepared by: Jason Reichart, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5416 Resolution No. 18-326 Resolution approving project manual and estimate of cost for the construction of the 2018 Annual Sewer Rehabilitation Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Whereas, notice of public hearing on the project manual and estimate of cost for the above- named project was published as required by law, and the hearing thereon held; and Whereas, the City Engineer or designee intends to post notice of the project on the website owned and maintained by the City of Iowa City; and Whereas, funds for this project are available in the Annual Sewer Repair account # V3101. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: The project manual and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to post notice as required in Section 26.3, not less than 13 days and not more than 45 days before the date of the bid letting, which may be satisfied by timely posting notice on the Construction Update Network, operated by the Master Builder of Iowa, and the Iowa League of Cities website. 4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 3:00 p.m. on the 11th day of December, 2018. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 18th day of December, 2018, or at a special meeting Called for that purpose. Passed and approved this 20th day of November _'2018. Ma or ,moved Attest: 11- 14 _ � 0 City Clerk City Attorney's Office Resolution No. 18-326 Page 2 It was moved by Teague and seconded by Salih the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Cole x Mims x Salih x Taylor x Teague x Thomas x Throgmorton Item Number: 19. + r ui �1 lat • yyrrmr�� CITY Ok IOWA CITY www.icgov.org November 20, 2018 Resolution assessing $1500.00 civil penalty against Creekside Market ATTACHMENTS: Description Citation Resolution 0 T -cm COMPiAINT C RES 0 NON -RES 0 0013 S -C&R IOWA tTniit?U21aICITATIMI AN D WntrTADir 0 HIS n NON4416 IOWA C r POLICE ENT ARMED 13 YES 13 NO PLAINTIFF: INC dl at stone oflam is IP 213 0 9 6 6 13 Cbuntp of .iE 1NBCEN _ No.: 0 Cily of: IU WIA CRY lathe Court at 417 S. C9.INTON STREW, JOHNf30N COUMTY COURTHOUSE VS. NAME: City SS/DL# "I State'�._Ziputda — StswW Co. # DL Class L— DL End- DL Rcst. rDL /SWelD Virwal Yong Nap DOBi l Lt9Z /� u Pom. /211UP. A& Ht. WL IIm u nders%ped antras 60 on or goat at 14 Ty 0 AM QPM deferAmut did tatlnvAft- r' Operate Mow VddcW kW (dea dba) CDL Rett Yes D Wall Pato fA Req? Yes 0 NOO HOMM End Req. YesO Nal] Reg. i1 Year Upon a rmw hwmw *1 Lowed in dw ammay and stm afxoWd tad did Bim and thew caenlafe Bra fWbwmg of m: F DTmft ONavgin O^bww- mb&WATV OPWi. m0?ub OTabom Q Scheduled �wix Sou O Rtmd Camtrtnctiun Zone 13 Von Schedulad Yfalmitm Surge 11... 0 Comm Appearance Required (805.10) Rfasan: Do cumt CBO OPn 0F.�13oo1 Accwm Nat Talal F ' Its 5 ...•�� E3 C" MemopAsKmmeai 1.e ff,N to ee. % Mw•� Wtyx 5p — l 1 Zrtnasec. #q nA, A IA Code DATA CODE FaVAdm. Code Local Ord. In I tmc* tinder pity of pWwy and pnomal to the SUte of 1w" that ie praeatEag is tart and eosrem 11xie114 1 Dt*tad Ms. Dq Yr. W Ns. Spaoo Court Date: If you intim appew nt courter if you cbooae w appear to answer a charge which don stet quirt: an apptaatmoa, ttgnatt b the abttre named court on: at d lid AM 0 PM mm Dwy Yr. NOTICE: providing biro 'nttf nmmdoa is a viahttice of Section 714,3 of the code of taws and is punidable as art asymalcd mbdeu�. Ms signature below fa not a plea of guilty, but wknowledgm all of Bra following: i . i haarcby sw�aar sad sRlbta � rhe iafotsrtltloa piovWed ly ase oa �s citation is has ander penalty ofpmat►idioglbhe iaRtleatios. 2. 1. to appear is said trotat at and titre cad place, a T will cotoply wilh dte piavisioa ca the top et'the ssv�ade ofihe dlltiae. TNe thaw tab applies a slmpk mw m,. ttrry; 3. I heseby give uty a moacd appopaaee hind is the amount of dol4ts and eater my atrium gtparsaee• I spies that if I fail to appar i pomp or by counsel to defotd age{mt the olfuue - op in This eludua. 00 coat is tuabo nd W enle I ratnriuttoa and reader P141100 -wind tae Wr IM a nwunt of ray eppa� beW is dsiclinefthe pwd tty and attnch� a cotat canis. ABSTRACT OF COURT RECORD A• ' COURT NO CASE NO. DOCKET NO. CASE NO. LICENSE NO. STATE 13 IOWA 0 OTHER . FORFEIT BOND 0 .: 'A. JURY TRIAL 0 NU JURY TRIAL or PROCEEDINO .y BAIL CASH DEPOSIT ti WFg .. I Vr DICT 0 GIiILTY'' 0%GUILTY. 0 NOT GUI j'Y ., ., � 1+ 6T QUIL IY DISMISSED OTHER DISPOSITION The Cam Therefane Ertbers In Following OMer This Dube — f Mo. Ary Yr. FINEDS SURCHAR04 S. 4 COSTS S Ir emccmdon in - a - Days: None School r Soap Days Reno Drivers License !DATE: Continued to., • RIE N: RATE* Cmdaud to.,dtEASONm - JUDGES NOTES: 00m Ordkt} I I SwF TH T TH G61NO gTATION IS TRUE AND CORRECT. AcerP taGNATtrIp r-1 SUI KMI AND SWORN TO 13F:FORF ME BY AT Volk IOWA THIS � DAY QFC`2*7 � 8j�nsurr4parson I+ail TO THE COURT: The following are witnesses who can give testimony relating to the facts of this alteged vialadon. !'tease subpoena prosecuting witness: Title Neuf: Address Phone 1. 2. 3. 4. i. I Prepared by: Eric Goers, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52244,319-356-5030 Resolution number: _18-327 Resolution assessing $1500.00 civil penalty against Creekside Market Whereas, on December 7, 2017 an employee of Creekside Market, 2601 Highway 1 East, 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, Creekside Market was operating under a retail cigarette permit issued by the City of Iowa City; and Whereas, pursuant to Iowa Code §453A.22(2) and §453A.47A(11), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 the first time its employee violates Iowa Code §453A.2(1), within a two-year period and at the permittee's option, either a suspension of the permit for a period of (30) days or a civil penalty of $1500.00 the second time its employee violates Iowa Code §453A.2(1), within a two-year period after a hearing and proper notice; and Whereas, a hearing was held on this date by the City Council to determine whether to assess the civil penalty against Creekside Market and at said hearing the City Council heard the facts of the violation and the arguments of the retailer, if any; and Whereas, this violation is the second such violation of an employee of Creekside Market within a two-year period to be considered by the City Council under Iowa Code §453A.22(2). Now, Therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that the City Council, after notice and hearing, pursuant to Iowa Code §453A.22(2) and §453A.47A(11) hereby imposes a 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 $1500.00 civil penalty. Be it further resolved, that the City Clerk will forward a copy of this Resolution to the City Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. Passed and approved this 20th day of November, 2018. M or Appr ed by Attest:�� City Clerk City Attorney's Office Resolution No. 18-327 Page 2 It was moved by trims and seconded by salih the Resolution be adopted, and upon roFcall there were: Ayes: Nays: Absent: Cole Mims Salih Taylor Teague Thomas Throgmorton