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HomeMy WebLinkAbout2020-10-06 ResolutionItem Number: 6.b. CITY OF IOWA CITY COUNCIL ACTION REPORT October 6, 2020 Resolution authorizing the City Manager to sign a 28E Agreement with the Iowa Alcohol Beverages Division for Tobacco Enforcement. Prepared By: Susan Dulek, Ass't. City Attorney Reviewed By: Geoff Fruin, City Manager Denise Brotherton, Interim Chief of Police Fiscal Impact: None Recommendations: Staff: Approval Commission: N/A Attachments: resolution agreement Executive Summary: The Iowa Alcohol Beverages Division is willing to provide funding to the City for compliance and enforcement activities for tobacco and vapor products. The agreement attached to the resolution is for 5 months of funding from 10/1/20 to 2/15/21 at $75 per compliance check. Because it is an agreement pursuant to Chapter 28E of the Iowa Code, Council approval is required. Background /Analysis: ATTACHMENTS: Description resolution agreement Iowa Secretary of State 321 East 12th Street Des Moines, IA 50319 sos.iowa.gov r Full Legal Name Organization Type County Party t Iowa Alcoholic Beverages Division State Agency Polk Party 2 Iowa City Police Department City Johnson Participants 0 - Uknown, Service Type Service Type FILED Filing Date: 10/12/202011:45 AM Filing Number M513117 The parties have entered into this Agreement for the purpose of providing and funding tobacco, alternative nicotine and vapor product enforcement activities in compliance with Iowa Code § 453A.2. Purpose 06/30/2021 Duration FY21-I owa-City-P D. pdf Upend Scanned Agreement Contact Fast Name Contact Last Name Joh Title Department Email Address ". Phone Contact Person: (Optional) Prepared by: Susan Dulek, Asst. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030 RESOLUTION NO. 20-231 Resolution authorizing the City Manager to sign a 28E Agreement with the Iowa Alcohol Beverages Division for Tobacco Enforcement. Whereas, the Iowa Alcohol Beverages Division (ABD) is authorized to provide enforcement for Iowa's tobacco, alternative nicotine and vapor product laws; Whereas, the ABD is willing to provide funding to the City for engaging in compliance checks and enforcement checks for City Iowa's tobacco, alternative nicotine and vapor product laws; Whereas, it is in the interest of the City to sign the attached 28E Agreement for Tobacco, Alternate Nicotine and Vapor Product Enforcement. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: The City Manager is hereby authorized to sign and the City Clerk to attest the attached 28E Agreement for Tobacco, Alternate Nicotine and Vapor Product Enforcement. Passed and approved this 6th day of October 2020. T Mayor Attest:JL1 I �V �A 014 Ci Clerk o d by{ A / City Attorney's Office —10/01 /2020 It was moved by 'Taylor and seconded by Salih the Resolution be adopted, and upon roll call there were: Ayes: k7 Nays: Absent: Bergus Mims Salih Taylor Teague Thomas Weiner SCHEDULE 3 LTHIS AGREEMENT is made and entered into on this day of et06,C 2020 by and between the Iowa Alcoholic Beverages Division C ABD"}, and Iowa City- (The ity_{The "Department'}. The parties agree as follows: SECTION 1. IDENTITY OF THE PARTIES. 1.1 Iowa ABD. The ABD is authorized pursuant to Iowa Code Chapter 453A and a Memorandum of Understanding with the Iowa Department of Public Health to provide enforcement for Iowa's tobacco, alternative nicotine and vapor product laws. The ABD's address is: 1418 SE Hulsizer Road, Ankeny, Iowa 50021. 1.2 Department. The Department operates a duly recognized Iowa law enforcement agency. The Department's address is: Iowa City Police Department 410 E. Washington Street, Iowa City, Iowa 52240 SECTION 2. PURPOSE. The parties have entered into this Agreement for the purpose of providing and funding tobacco, alternative nicotine and vapor product enforcement activities in compliance with Iowa Code § 453A.2. SECTION 3. TERM. The term of the Agreement shall be from the aforementioned date through June 30, 2021, unless earlier terminated in accordance with the terms of the Agreement. SECTION 4. FILING. Pursuant to Iowa Code § 28E.8, the ABD shall electronically file the Agreement with the Iowa Secretary of State, after the parties have executed the agreement. SECTION 5. RESPONSIBILITIES OF THE PARTIES, 5.1 Responsibilities of the Department 5.1.1 Local Tobacco. Alternative Nicotine and Vapor Product Enforcement The Department shall provide tobacco, alternative nicotine and vapor product enforcement of Iowa Code Chapter 453A. 5.1.2 Compliance Checks. "Compliance checks" mean activity to enforce tobacco, alternative nicotine and vapor product laws in accordance with Iowa Code § 453A.2 within the jurisdiction of the Department. Compliance checks also may include enforcement of § 453A.2 within additional jurisdictions upon agreement of the Parties. ABD shall make available to the Department the location of each tobacco, alternative nicotine and vapor product permit holder subject to a compliance check by the Department at httns://tobacco.iowaabd.com/. The Department shall perform one (1) compliance check of each tobacco, alternative nicotine and vapor product permit holder within the jurisdiction of the Department during the term of the Agreement. Please note that alternative nicotine and vapor products are age -restricted pursuant to Iowa Code § 453A.2, and are therefore included in the I -PLEDGE program. Attempts to purchase alternative nicotine and vapor products may be conducted at any retailer that sells these products. The Department shall not begin to conduct any retailer compliance checks until October 1 2020. The compliance check shall be completed and submitted for reimbursement to ABD by February 15, 2021. The Department should try to complete a compliance check of all seasonal businesses such as golf courses, marinas and bait shops before the businesses close for the 2020 business year, but not before October 1, 2020. If the department is unable to complete the compliance checks on seasonal businesses prior to the businesses close for the 2020 business year, the Department shall work with ABD to establish a plan for completing these compliance checks. The Department shall conduct a second compliance check on any retailer that is found to be non-compliant during the fust inspection, The second compliance check on the non-compliant retailer shall be completed and entered no later than May 15, 2021. Clerks that fail compliance checks shall be ticketed criminally. The Department shall, within seven (7) business days, notify the retail owner or manager of any violation. Within seventy-two (72) hours of the Department issuing a citation for a violation of Iowa Code § 453A.2(1) to a permit -holder or employee of a permit -holder, the Department must notify the local permit -issuing authority that issued the tobacco, alternative nicotine and vapor product permit to the retailer where the offense was committed. If the Department fails to complete and submit reimbursement for compliance checks to ABD by February 15, 2021, ABD will consult with the Department to establish a plan for completing the remaining compliance checks. In the event that the Department fails to execute the agreed upon plan, the Department agrees that ABD may authorize the Iowa State Patrol or other law enforcement agency to conduct any remaining compliance checks. 5.1.3 Underaee Purchaser Volunteers. Utilization of underage purchaser volunteers is strongly encouraged where feasible. The Department may compensate the underage purchasers involved in the compliance checks in a manner consistent with 19 Section 6. Underage purchasers from the age of sixteen to twenty years old may be utilized in the program. Keep in mind that the federal government (SYNAR) will not allow underage Purchasers under the age of sixteen to be used to conduct compliance checks. Please ensure that the officers assigned to conduct the compliance checks do not work with an underage purchaser younger than age of sixteen. If utilizing multiple underage purchasers to perform compliance checks, please ensure that a representative mix of 16, 17, 18, 19 and 20 year old underage purchasers are used when feasible. 5.1.4 Routine Enforcement. hi addition to conducting compliance checks, the Department agrees to regularly enforce underage tobacco, alternative nicotine and vapor product laws by ticketing underage offenders. 5.1.5 Civil Proceedings, The Department shall cooperate with city, county and state prosecutors if civil permit proceedings are initiated against a tobacco, alternative nicotine and vapor product permit holder. The Department shall also cooperate in proceedings against cited clerks and underage persons. Cooperation shall include, but not be limited to, sharing investigative reports and copies of issued citations, as well as providing witness statements and testimony. 5.1.6 Compliance Reports, The Department shall provide monthly reports to the ABD in the manner prescribed by the ABD. 5.1.7 Miscellaneous. The Department shall be responsible for the day-to-day administration of its tobacco, alternative nicotine and vapor product enforcement activities. The Department shall provide all office space, equipment and personnel necessary to conduct tobacco, alternative nicotine and vapor product enforcement activities under the Agreement. The Department is solely responsible for the selection, hiring, disciplining, firing and compensation of its officers. 5.2 Responsibilities of the ABD. 5.2.1 Enforcement Guidance, The ABD shall provide guidance on tobacco, alternative nicotine and vapor product enforcement to the Department, if needed, and cooperate with the Department in the performance of the Agreement. 5.2.4 Payment. The ABD shall pay the Department in the manner described in Section 6. 5.2.5 Cooperation. If ABD believes that any officer of the Department fails to perform duties in a manner that is consistent with the Agreement, the ABD shall notify the Department, The Department shall then take such action as necessary to investigate and, if appropriate, discipline or reassign the officer away from tobacco, alternative nicotine and vapor product enforcement activities. The ABD shall have no authority to discipline or reassign an officer, except that the ABD shall have the authority to stipulate that a particular officer not be assigned to provide services under the Agreement. 5.2.6 Insurance. Benefits and Compensation. The ABD shall not provide for, nor pay, any employment costs of the Department's officers including, but not limited to, worker's compensation, unemployment insurance, health insurance, life insurance and any other benefits or compensation, nor make any payroll payments with respect to the Department's officers, The ABD shall have no liability whatsoever for all such employment costs or other expenses relating to, or for the benefit of, the Department's officers. SECTION 6. PAYMENT TO DEPARTMENT. 6.1 Method of Payment. In consideration for providing the services required by the Agreement, the Department shall be paid on a flat fee basis of seventy-five dollars ($75) per reported compliance check. The flat fee payment for each compliance check constitutes the full and exclusive remuneration for the compliance checks. For example, compensation of underage purchasers is the sole responsibility of the Department and is to be paid from the flat fee payment. 6.2 Eligible Claims. Compliance checks that are conducted on or after October 1, 2020 are eligible for payment provided that the results are reported in accordance with Section 5. Any compliance checks that were funded by a non -departmental entity are not eligible for payment. 6.3 Allocations. The costs of the services referred to in Section 6.1 shall be allocated as follows: 6.3.1 Sole Activity. Money paid to the Department, pursuant to the Agreement, shall be used to fund overtime of full- or part-time peace officer positions solely for tobacco, alternative nicotine and vapor product enforcement activities described in the Agreement. Money also shall be used for compensation, if any, of underage purchasers. In addition, the Department may use money paid pursuant to the Agreement for reasonable Department expenditures, including, but not limited to, officer training and equipment, provided that such expenditures do not impair the Department's ability to perform tobacco, alternative nicotine and vapor product enforcement activities. 6.3.2 Payment in Arrears. The ABD may pay all approved invoices in arrears and in conformance with Iowa Code § 8A.514. The ABD, consistent with Iowa Code § 8A.514, may pay in less than the specified time period. Payment by the ABD in fewer than sixty (60) days, however, does not constitute an implied waiver of that Code section. 0 SECTION 7. ADMINISTRATION OF AGREEMENT. The ABD and the Department shall jointly administer the Agreement. SECTION 8. NO SEPARATE ADMINISTRATIVE ENTITY. No new or separate legal or administrative entity is created by the Agreement. SECTION 9. NO PROPERTY ACQUIRED. The ABD and the Department, in connection with the performance of the Agreement, shall acquire no real or personal property. SECTION 10. TERMINATION. 10.1 Termination for Convenience. Following twenty (20) days written notice, either party may terminate the Agreement, in whole or in part, for convenience without the payment of any penalty or incurring any further obligation to the non -terminating party, Following termination for convenience, the non -terminating party shall be entitled to compensation, upon submission of invoices and proper proof of claim, for services provided under the Agreement to the terminating party up to and including the date of termination. 10.2 Termination Due to Lack of Funds or ChanLye in the Law. Notwithstanding anything in this Contract to the contrary, and subject to the limitations set forth below, ABD shall have the right to terminate this Contract without penalty and without any advance notice as a result of any of the following: 10.2.1 The legislature or governor fail in the sole opinion of ABD to appropriate funds sufficient to allow ABD to either meet its obligations under this Contract or to operate as required and to fulfill its obligations under this Contract: 10.2.2 If funds are de -appropriated, reduced, not allocated, or receipt of funds is delayed, or if any funds or revenues needed by ABD to make any payment hereunder are insufficient or unavailable for any other reason as determined by ABD in its sole discretion, 10.3 Termination for Cause. The occurrence of any one or more of the following events shall constitute cause for any party to declare another party in default of its obligations under the Agreement: 10.3.1 Failure to observe and perform any covenant, condition or obligation created by the Agreement; 10.3.2 Failure to make substantial and timely progress toward performance of the Agreement; 10.3.3 Failure of the party's work product and services to conform with any specifications noted herein; 10.3.4 Infringement of any patent, trademark, copyright, trade dress or any other intellectual property right. 10.4 Notice of Default. If there occurs a default event under Section 10.3, the non -defaulting party shall provide written notice to the defaulting party requesting that the breach or noncompliance be immediately remedied, In the event that the breach or noncompliance continues to be evidenced ten days beyond the date specified in the written notice, the non - defaulting party may either: 10.4.1 Immediately terminate the Agreement without additional written notice; or, 10.4.2 Enforce the terms and conditions of the Agreement and seek any available legal or equitable remedies. In either event, the non -defaulting party may seek damages as a result of the breach or failure to comply with the terms of the Agreement. SECTION 11. INDEMNIFICATION. 11.1 By ABD. Consistent with Article VIl, Section 1 of the Iowa Constitution and Iowa Code Chapter 669, ABD agrees to defend and indemnify the Department and hold it harmless against any and all liabilities, damages, settlements, judgments, costs and expenses, including reasonable attorney's fees of counsel required to defend the Department, related to or arising out of ABD's negligent or wrongful acts or omissions in the performance of the Agreement, 11.2 By the Department. Consistent with Article VII, Section 1 of the Iowa Constitution and Iowa Code Chapter 670, the Department agrees to defend and indemnify and hold the State of Iowa and ABD harmless from any and all liabilities, damages, settlements, judgments, costs and expenses, including reasonable governmental attorney's fees and the costs and expenses of attorney fees of other counsel required to defend the ABD, related to or arising from any negligent or wrongful acts or omissions of the Department in the performance of this Agreement. SECTION 12. CONTACT PERSON. 12.1 Contact Person. At the time of execution of the Agreement, each party shall designate, in writing, a Contact Person to serve until the expiration of the Agreement or the designation of a substitute Contact Person. During the term of the Agreement, eacb Contact Person shall be available to meet, as otherwise mutually agreed, to plan the services being provided under the Agreement. SECTION 13. CONTRACT ADMINISTRATION. 13.1 Amendments. The Agreement may be amended in writing from time to time by mutual consent of the parties. All amendments to the Agreement must be fully executed by the parties. 13.2 Third Party Beneficiaries. There are no third party beneficiaries to the Agreement. The Agreement is intended only to benefit ABD and the Department. 13.3 Choice of Law and Forum. The terms and provisions of the Agreement shall be construed in accordance with the laws of the State of Iowa. Any and all litigation or actions commenced in connection with the Agreement shall be brought in Des Moines, Iowa, in Polk County District Court for the State of Iowa. This provision shall not be construed as waiving any immunity to suit or liability that may be available to the State of Iowa, ABD or the Department. 13.4 Assignment and Delegation. The Agreement may not be assigned, transferred or conveyed in whole or in part without the prior written consent of the other party. 13.5 Integration. The Agreement represents the entire Agreement between the parties and neither party is relying on any representation that may have been made which is not included in the Agreement. 13.6 Headings or Captions. The paragraph headings or captions are for identification purposes only and do not limit nor construe the contents of the paragraphs. 13.7 Not a Joint Venture. Nothing in the Agreement shall be construed as creating or constituting the relationship of a partnership, joint venture, association of any kind or agent and principal relationship between the parties. Each party shall be deemed an independent contractor acting toward the expected mutual benefits. No party, unless otherwise specifically provided for herein, has the authority to enter into any contract or create an obligation or liability on behalf of, in the name of, or binding upon the other party to the Agreement. 13.8 Supersedes Former Agreements. The Agreement supersedes all prior Agreements between ABD and the Department for the services provided in connection with the Agreement. 13.9 Waiver. Except as specifically provided for in a waiver signed by duly authorized representatives of ABD and the Department, failure by any party at any time to require performance by the other party or to claim a breach of any provision of the Agreement shall not be construed as affecting any subsequent breach or the right to require performance with respect thereto or to claim a breach with respect thereto, 13.10 Notices. Notices under the Agreement shall be in writing and delivered to the representative of the party to receive notice (identified below) at the address of the party to receive notice as it appears below or as otherwise provided for by proper notice here under. This person shall be the Contact Person. The effective date for any notice under the Agreement shall be the date of delivery of such notice (not the date of mailing) which may be effected by certified U.S. Mail return receipt requested with postage prepaid thereon or by recognized overnight delivery service, such as Federal Express or UPS. Failure to accept "receipt" shall constitute delivery. If to ABD: Jessica Ekman Tobacco Program Coordinator Iowa Alcoholic Beverages Division 1418 SE Hulsizer Road Ankeny Iowa 50021 515-281-7434 Email; Ekman(a lowaABD.COm If to Department: Interim Chief Denise Brotherton Iowa City Police Department 410E Washington Street Iowa City, Iowa 52240 Email: devise-brotherton(&iowa-city.org_ 13.11 Cumulative Riahts. The various rights, powers, options, elections and remedies of any party provided in the Agreement, shall be construed as cumulative and not one of them is exclusive of the others or exclusive of any rights, remedies or priorities allowed any party by law, and shall in no way affect or impair the right of any party to pursue any other equitable or legal remedy to which any party may be entitled as long as any default remains in any way un -remedied, unsatisfied or un -discharged. 13.12 Severability. If any provision of the Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect the validity or enforceability of any other part or provision of the Agreement. 13.13 Time is of the Essence. Time is of the essence with respect to the performance of the terms of the Agreement. 13.14 Authorization. Each party to the Agreement represents and warrants to the other that: 13.14.1 It has the right, power and authority to enter into and perform its obligations under the Agreement. 13.14.2 It has taken all requisite action (corporate, statutory or otherwise) to approve execution, delivery and performance of the Agreement, and the Agreement constitutes a legal, valid and binding obligation upon itself in accordance with its terms. 13.15 Successors in Interest. All the terms, provisions and conditions of the Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns and legal representatives. 13.16 Record Retention and Access. The Department shall maintain books, records and documents which sufficiently and properly document and calculate all charges billed to ADD throughout the term of the Agreement for a period of at least three (3) years following the date of final payment or completion of any required audit, whichever is later. The Department shall permit the Auditor of the State of Iowa or any authorized representative of the State and where federal funds are involved, the Comptroller General of the United States or any other authorized representative of the United States government, to access and examine, audit, excerpt and transcribe any directly pertinent books, documents, papers, electronic or optically stored and created records or other records of the Department relating to orders, invoices, or payments or any other documentation or materials pertaining to the Agreement. The Department shall not impose a charge for audit or examination of the books and records. 13.17 Additional Provisions. The parties agree that any Addendum, Rider or Exhibit, attached hereto by the parties, shall be deemed incorporated herein by reference. 13.18 Further Assurances and Corrective Instruments The parties agree that they shall, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such supplements hereto and such Rather instruments as may reasonably be required for carrying out the expressed intention of the Agreement. SECTION 14. EXECUTION. IN WITNESS WHEREOF, in consideration of the mutual covenants set forth above and for other good and valuable consideration, the receipt, adequacy and legal sufficiency of which are hereby acknowledged, the parties have entered into the Agreement and have caused their duly authorized representatives to execute the Agreement. By Alcoholic Beverages Division Josh appe Regulatory Compliance Bureau Chief By Law Enforcement Agency to/ 7/ Date 10 7 tet] t> Date Item Number: 6.c. CITY OF IOWA CITY COUNCIL ACTION REPORT October 6, 2020 Resolution of intent to budget $70,000 in annual funding for Iowa City Area Development Group for the three Fiscal Years 22-24 and additional support in rent subsidy for the operation of the MERGE Innovation Space. Prepared By: Wendy Ford, Economic Development Coordinator Reviewed By: Geoff Fruin, City Manager Fiscal Impact: $70,000 has been budgeted annually in the Economic Development Division budget Recommendations: Staff: Approval Commission: N/A Attachments: Campaign Brochure Resolution Executive Summary: For decades, the City has provided financial support to I CAD's operations which focus on fostering new business, expansion of existing business, recruitment of new business and work on local economic development issues such as education and child care. Until the MERGE space opened, the funding had been steady at $100,000 annually for several years. Because of the added support of rent subsidy for MERGE, the annual funding amount was adjusted to $70,000 for a four year commitment beginning in FY18 and continuing through FY21. This resolution renews that commitment for the next three fiscal years, FY22 through FY24. Background /Analysis: In FY12, ICAD started the CoLab -- a co -working space and business incubator for start-ups and small businesses -- in their offices on Court Street. To support the CoLab and its activities, the City contributed additional funding, above the pledged $100,000 per year, beginning in FY12. Opened in 2016, the MERGE Innovation Space is the successor to the CoLab, and is located in west end of the Iowa City Public Library building. ICAD leases space from the City on the lower and ground floor levels at below market rate rent providing a value to ICAD of approximately $100,000 per year. The support of $70,000 in funding plus the value of the rent subsidy help ICAD with the means to deliver important economic development services that the City cannot provide otherwise. ATTACHMENTS: Description Campaign Brochure Resolution This moment in history requires bold and innovative action. Knowing the challenges that lie ahead, the time has come for our organization to harness our entrepreneurial spirit to forge a path that will empower and inspire the Johnson County region to build a new, agile economic blueprint that will position us for the future. DESIGNING OUR FUTURE THE CAMPAIGN FOR ECONOMIC RECOVERY AND RESILIENCY 2021-2023 IOWA CITY AREA DEVELOPMENT $3 MILLION 3 YEARS KEY AREAS TO CREATE A 13FOUNDATION FOR LONGTERM STABILITY AND GROWTH 1 COMMUNITY DEVELOPMENT 3 DEVELOPING PEOPLE 2 BUSINESS INNOVATION 10WACITYAREADEVELOPMENT.COM °RIVING INN VAT '°" IOWA CITY AREA DEVELOPMENT DESIGNING OUR FUTURE THE CAMPAIGN FOR ECONOMIC RECOVERY AND RESILIENCY COMMUNITY DEVELOPMENT MILLION IN 3YEARS I IOWACITYAREADEVELOPMENT.COM OBJECTIVE: ENSURE ALL OUR COMMUNITY MEMBERS HAVE ACCESS TO WHAT THEY NEED TO THRIVE. STRATEGY ICAD is a proud co-founder with partners INITIATIVES from the Iowa City Downtown District, Project Better Together aims to the Iowa City Area Business Partnership, Local Food Security build a transformed future for and Think Iowa City in a community -wide Internet Access our community with greater recovery effort that includes leaders Housing economic diversity, growth, inclusivity, resilience, and from all three hospitals, the school p Child Care well-being for all. district, area nonprofits, social services, Sustaining Arts and Culture g www.icareatogether.com. private business, and elected officials Innovation in Education WE'RE BETTER from all levels of government. All ICAD is trained in Strategic Doing. ICAD BIPOC Business Support Program TOGETHER staff believes the Strategic Doing tool is key Bike Friendly Community/ Businesses to leveraging our local assets and moving Fund Iowa Seed Fund our community forward. .I. m IL a FUNDIOWA IOWA CITY AREA DEVELOPMENT DESIGNING OUR FUTURE THE CAMPAIGN FOR ECONOMIC RECOVERY AND RESILIENCY 2021-2023—F$3 MILLION IN 3YEARS I IOWACITYAREADEVELOPMENT.COM °RIVING INNOVATION I IOWA CITY AREA DEVELOPMENT DESIGNING OUR FUTURE 2 BUSINESS DEVELOPMENT & INNOVATION MILLION IN 3YEARS I IOWACITYAREADEVELOPMENT.COM OBJECTIVE: CULTIVATE THE GROWTH AND SUSTAINABILITY OF OUR KEY INDUSTRIES AND SUPPORT ENTREPRENEURS AND STARTUP COMPANIES. STRATEGIES BEST OF IOWA PROGRAM TARGETED BUSINESS LEVERAGING ICR REGIONAL 60+ Synchronist Interviews conducted ATTRACTION IN MEDICAL AND MARKETING each year to assist existing companies EDUCATIONAL TECHNOLOGY for Business and Workforce in their growth. Attraction Efforts • ICAD is leading the State of Iowa's Ed STRATEGIC DOING FRAMEWORK Tech Collaborative Initiative: The Iowa SUPPORT STRONG Provide consulting services to support EdTech Collaborative is a network ENTREPRENEURIAL ECOSYSTEM local business and initiatives. of internationally -known education Provide all entrepreneurs with companies, successful EdTech the resources needed to succeed PEER MENTORING PROGRAM startups, academic and education including funding, office space, Provide mentoring and coaching stakeholders, and economic programming and mentors. support to business leaders development leaders who are working collectively to grow human - RESOURCE CONNECTION Provide connections to business centered lifelong learning in the State of Iowa. _ resources, talent, and experts to our local business community in an effort • Partnering with the University of Iowa to meet their needs. and Protostudios on commercializing Medical Technology IOWA CITY AREA DEVELOPMENT DESIGNING OUR FUTURE THE CAMPAIGN FOR ECONOMIC RECOVERY AND RESILIENCY 2021-2023—F$3 MILLION IN 3YEARS I IOWACITYAREADEVELOPMENT.COM °RIVING INNOVATION I IOWA CITY AREA DEVELOPMENT DESIGNING OUR FUTURE THE CAMPAIGN FOR ECONOMIC RECOVERY AND RESILIENCY 3 DEVELOPING PEOPLE °RIVING INN 0VAT 10N OBJECTIVE: CREATE, SUSTAIN, AND RETAIN A VIABLE WORKFORCE THAT CAN SUPPORT CURRENT AND FUTURE BUSINESS AND INDUSTRY WORKFORCE NEEDS. STRATEGIES SUPPORT AND MARKET REMOTE WORKING THROUGH COWORKING INNOVATION IN EDUCATION INITIATIVE WITH THE IOWA MERGE + CoWork @ 808 CITY AREA BUSINESS PARTNERSHIP Collaborate with partners on efforts to enhance workforce skills Support the Iowa City Provide training to HR professionals on skills -based hiring initiatives Community School District in the Portrait of a graduate work and Support the recruitment of talent to ICR through the ICR Talent Hub inspire our youth to explore their passion and lead. Partner with Kirkwood and the University of Iowa on strategic workforce initiatives Support the efforts of ICR Future to increase career "°" ke ftAure oppor uiloAL e , for our connected learning ckLLAretA AepevtA owk Eke. creOrEM Support the efforts of Inclusive ICR to grow diversity rLE, aAci cieEerw Lvko ovk of otAr and inclusion in the workplace COrAt0A4E Oath,, IOWA CITY AREA DEVELOPMENT DESIGNING OUR FUTURE THE CAMPAIGN FOR ECONOMIC RECOVERY AND RESILIENCY 2021-2023 $3 MILLION IN 3YEARS IOWACITYAREADEVELOPMENT. COM °RIVING INN 0VAT 10N W KATE MOOUR RELAND TEAM OPresident m DR1VING 1NNOVAT10N I Q J J O + The ICAD team believes in this community. We are 100% investor funded and operate Q with our investors and clients' best interests at heart. We are first and foremost doers, change -makers, and some might even say we are local influencers. By working Lu z Lu together with our community and our partners, we can help drive innovation and Lu TOM BANTA impact the future success of our region. z Director of Strategic Growth Lu ICAD TEAM STRENGTHS HOW WE WORK 0 z • Agile The nature of economic development work o continues to evolve. The development • Connectors of people, communities, and industries ouz Lu HUBiNG • Strategic Doers; all certified practitioners require a deep understanding of complex Director of adaptive systems coupled with the related L Marketing & Communications • Visionaries skills to guide the conversations and O 0 collaborations necessary to address the o LD • Welcoming wicked problems that exist inside them. • Growth mindset The foundation of this work is the Strate is g w Doing methodology that serves as an Q• Empowering operating system. It is an agile approach > to strategy that leverages the assets ° °° Collaborative and networks of our community to bring z ERIN POTTEBAUM aP Director innovative solutions to these complex o of ) challenges. With a bias toward action m Operations and a "do the doable" mindset, trust and aresiliency are built, while forging the future W we all want to see. IOWA CITY AREA DEVELOPMENT DESIGNING OUR FUTURE j THE CAMPAIGN FOR ECONOMIC RECOVERY AND RESILIENCY IOWACITYAREADEVELOPMENT. COM DR1VING 1NNOVAT10N I WHY INVEST IN ICAD? DESIGNING OUR FUTURE THE CAMPAIGN FOR ECONOMIC RECOVERY AND RESILIENCY 2021-2023 $3 MILLION IN 3YEARS IOWACITYAREADEVELOPMENT. COM °RIVING INNOVATION The Iowa City Area Development Group (ICAD)'s mission is to create, collaborate, and act boldly to help build the economic future of our COMMUNICATION • ICAD communicates regularly regarding local community and be the best place for all people and businesses to THRIVE. programming and development activity • Access to advance labor and demographic information and special ICAD publications • Access to Project Better Together Economic INVESTOR LEVELS & BENEFITS Recovery Efforts VISIONARY. $50,000+ ENHANCED VISIBILITY • Business to business connections: access to ICAD Everything below plus: affiliated companies and programs • Partners for the vision of our organization and the communities we serve • Invitation to networking events including: annual INFLUENCER: $10,000 — $49,999 meeting, three investor council meetings, and ICAD Everything below plus: sponsored events • ICAD to highlight your business successes and • Opportunity to serve on ICAD Board of Directors with priority as positions open events within our social media platforms Opportunity to serve on Innovative Education Collaborative with priority as positions open • Exclusive invitations to new company receptions, and first to know on business development announcements RECOGNITION Premiere logo feature on ICADgroup.com homepage • Opportunity to have your site or building featured on One Strategic Doing session for your company, led by ICAD staff and trained practitioners the ICAD website through LOIS 60 second company profile video produced and posted on ICADgroup.com (filmed at your organization) • Recognition in ICAD's annual advertisement in the LEADER - $5,000 — $9,999 Corridor Business Journal • Opportunities to support new and expanding local Everything below plus: business •Access to Wingman community tours with executive level candidates to aid in recruitment • Exclusive invitations to new company receptions ECONOMIC RECOVERY • Opportunity to serve as a Community Ambassador for visiting or expanding companies • Conduit to state and local resources • Opportunity to participate in critical strategy groups for local economic development • Opportunity to assist with economic recovery task • Custom data reports available, and workforce talent attraction support materials force projects for Project Better Together • Complimentary room rental at MERGE upon availability • 30 second company profile video produced and posted on ICADgroup.com (filmed at MERGE) CHAMPION: $2,500 — $4,999 OUR PARTNERS Everything below plus: • Access to ICAD senior staff for counsel and/or communications on economic developments • Workforce talent attraction support materials Iowa City Area Business Partnership • Reduced meeting room rental at MERGE upon availability Think Iowa City • Ability to submit content for a blog post on ICADgroup.com Iowa City Downtown District Entrepreneurial Development Center PATRON: $1,500 NewboCo • Business listing in ICAD membership directory and website ICR Iowa Featured in our "New Investor" section of newsletter and new investor highlight on social media • Access to job candidates in the ICR Talent Hub Cedar Rapids Metro Economic Alliance ICAD investor window decal Kirkwood University of Iowa BELIEVER: $500 (2 year maximum for Start-up Companies) IOWA CITY AREA DEVELOPMENT DESIGNING OUR FUTURE THE CAMPAIGN FOR ECONOMIC RECOVERY AND RESILIENCY 2021-2023 $3 MILLION IN 3YEARS IOWACITYAREADEVELOPMENT. COM °RIVING INNOVATION Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356-. RESOLUTION NO. 20-232 Resolution of intent to budget $70,000 in annual funding for Iowa City Area Development Group for the three fiscal years 22-24 and additional support in rent subsidy for the operation of the MERGE Innovation Space. Whereas, the City of Iowa City has stated Economic Development goals and strategies; and Whereas, stated economic development policies include supporting organizations which help to incubate, grow, foster and create new business operations by providing non-traditional collaborative environments; and Whereas, the City of Iowa City has provided financial support to the Iowa City Area Development Group (ICAD) for decades to assist in achieving stated Economic Development goals; and Whereas, the amount of funding was adjusted down to $70,000 from $100,000 annually after MERGE opened in consideration of the below-market rate lease of two floors of publicly owned office space at 138 S. Dubuque Street; and Whereas, [CAD's services of providing entrepreneurial assistance, business retention and expansion and focused work on local economic development issues continue providing value to the community; and Whereas, ICAD agrees to report annually on performance for its regular activities and for the MERGE Innovation Space; Now, Therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: It is the intent of this City Council that $70,000 be budgeted for professional services from the Iowa City Area Development Group in each budget year from fiscal year 2022 through 2024. Passed and approved this 6th day of October , 20 20 . C/ ATTEST: CIT CLERK Attorney's Office -10/01/2020 Resolution No. 20-232 Page 2 It was moved by Taylor and seconded by salih Resolution be adopted, and upon roll call there were: AYES: NAYS: x ABSENT: Bergus Mims Salih Taylor Teague Thomas Weiner the Item Number: 6.d. CITY OF IOWA CITY COUNCIL ACTION REPORT October 6, 2020 Resolution amending the AFSCME pay plan by adding the position Climate Action Analyst to grade 12. Prepared By: Ashley Monroe, Assistant City Manager Karen Jennings, Human Resources Administrator Reviewed By: Geoff Fruin, City Manager Fiscal Impact: No impact. Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: Approval of this resolution will add a Climate Action Analyst position, at grade 12, to the AFSCME pay plan. This position will be responsible for tracking, analyzing, and summarizing data, conducting annual greenhouse gas inventory and other reporting, and coordinating implementation of the City's climate action objectives. Focused, in-depth analysis of existing and newly collected data will allow the City to more effectively move forward on organizational and community climate goals. This position will also ensure accountability for climate actions through regular technical reporting on critical projects and programs. Background /Analysis: In the Accelerating Iowa City's Climate Actions Report (100 Day Climate Report) issued on November 14, 2019, and during the presentation of the FY2021 budget, the City Manager presented a plan to establish a division of Climate Action and Outreach within the City Manager's Office. This proposal outlined a grouping of three staff within the proposed Division that will undertake activities to achieve the City's climate action goals. Earlier this year, the City proposed and approved modifications to two positions within the Climate Action and Outreach division. At that time, it was noted that a third position of an "analyst" would be brought to Council for consideration after the specific responsibilities of analysis and project management were better defined. Up until now, the division has functioned with the Climate Action Coordinator and Engagement Specialist but the Coordinator position will be vacant in early October. Several of the Coordinator responsibilities, such as completing the annual community greenhouse gas inventory, analysis of City facility energy and water usage, and reporting responsibilities have always been planned for assignment to the new Analyst position. With a now vacant Coordinator position, a few other responsibilities, including project tracking and oversight for the City's Accelerating Climate Actions report items will be assigned to the Analyst. The Climate Action Analyst position was budgeted in the FY 2021 fiscal year. The Climate Action Coordinator position will remain temporarily unfilled as the City continues to navigate the financial impacts of COVID-19. As before, any proposed changes to the third position in the Climate Division will return to Council. With approval of this resolution, staff will update the AFSCME pay plan to reflect the change and post the Climate Action Analyst position. ATTACHMENTS: Description Resolution (0•A Prepared by: Ashley Monroe, Assistant City Manager, 410 E. Washington St, Iowa City, IA 52240 (319) 356-5012 Resolution number 20-233 Resolution amending the AFSCME pay plan by adding the position Climate Action Analyst to grade 12. Whereas, Resolution No. 20-82, adopted by the City Council on March 24, 2020, authorized budgeted positions in the Climate Action and Outreach Division of the City Manager's Office for FY21 which included the newly created Climate Action Analyst position; and Whereas, Resolution No. 17-14, adopted by the City Council on January 3, 2017, established a classification/compensation plan for AFSCME employees; and Whereas, the duties, responsibilities and requirements of the Climate Action Analyst position have been evaluated and grade 12 of the AFSCME pay plan has been determined to be the appropriate classification. Now, Therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: The AFSCME pay plan be amended by adding the position Climate Action Analyst to grade 12. Passed and approved this 6th day of October 2020 May Attest: 4CCIiClerk A proved by / City Attorney's Office (Eric Goers - 09/30/2020) It was moved by Taylor and seconded by salih the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: —x Bergus x Mims x Salih % Taylor x Teague x Thomas — x— Weiner Item Number: 6.e. CITY OF IOWA CITY COUNCIL ACTION REPORT October 6, 2020 Resolution authorizing the acquisition of property interests necessary for construction of the Nevada Avenue Sanitary Sewer Replacement Project. Prepared By: Joe Welter, Sr. Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: Funding will be via the Nevada Ave Sanitary Sewer Replacement Account # V3147 Recommendations: Staff: Approval Commission: N/A Attachments: Location Map Resolution Executive Summary: Preliminary design for the Nevada Avenue Sanitary Sewer Replacement Project has been completed. It is anticipated that only temporary construction easements will be needed to remove and replace the existing sanitary sewer main. Background /Analysis: The existing sanitary sewer system along the back yards of the residential properties between Nevada Avenue and Regal Lane, from Lakeside Drive to Whispering Meadow Drive, has a variety of deficiencies. Approximately 960 linear feet of new eight -inch pipe will be installed to replace the existing deficient pipe. Sanitary sewer services will be reconnected to the new main as a part of the project, and the excavated areas will be restored. ATTACHMENTS: Description Location map Resolution a LEGEND: TEMPORARY EASEMENTS II 38 I I II 40 42 44 � I III II — 1I I j2539 2533 2527 2551 2521 2515 REGAL LANE 7-7 46 48 50 52 541 56 58 60 62 I I I Illi II! I I I I I I I I 2509 2503 2445 2439 2433 2427 2421 2415 2409 2403 L L— -E I U) NEVADA AVENUE 7 m Cn U m m �� DIVISION ENGINEERING H SCALE: 1 ONDESIGN: JBW Project: NEVADA AVENUE SANITARY SEWER Sheet Title: File # sheet CITY OF 10 WAV SCALE: NONE E DRAWN: JBW EXHIBIT A -TEMPORARY EASEMENTS A DATE: SEPT. 2020 REPLACEMENT PROJECT W Prepared by Joe Wetter, Public Works, 410 East Washington Street Iowa City, Iowa 52240 319-3565144 Resolution No. 20-234 Resolution authorizing the acquisition of property interests necessary for construction of the Nevada Avenue Sanitary Sewer Replacement Project. Whereas, the City of Iowa City desires to construct the Nevada Avenue Sanitary Sewer Replacement Project ("Project") which includes sanitary sewer main removal and replacement, installation of new sanitary sewer manholes, reconnection of sanitary sewer services, and restoration of surfaces with pavement or seeding; 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 Nevada Ave Sanitary Sewer Replacement Account # V3147. 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 Nevada Avenue Sanitary Sewer 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 Council hereby approves the preliminary or final route or site location of this public improvement project, as shown in the attached Exhibit "A", attached hereto and incorporated herein by this reference. 3. 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. 4. 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. 5. 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. Resolution No. 20-234 Page 2 6. 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 6th day of October '2020 Ma �., Atred by Attest: / C' Clerk City Attorney's Office (Sara Greenwood Hektoen — 09/30/2020) It was moved by Taylor and seconded by salih the Resolution be adopted, and upon roll call there were: Ayes: x Nays: Absent: Bergus Mims Salih Taylor Teague Thomas Weiner Item Number: 6.f. CITY OF IOWA CITY COUNCIL ACTION REPORT October 6, 2020 Resolution accepting the work for the FY20 Wastewater Clarifier Repairs Project. Prepared By: Ben Clark, Sr. Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: None Recommendations: Staff: Approval Commission: N/A Attachments: Engineer's Report Resolution Executive Summary: The FY20 Wastewater Clarifier Repairs Project has been completed by Fab Tech Wastewater Solutions, LLC, of Warrenton, Missouri, in substantial accordance with the plans and specifications prepared by the Engineering Division. The Engineer's Report and Performance and Payment bond are on file with the City Clerk. • Project Estimated Cost: $ 375,000.00 • Project Bid Received: $ 476,000.00 • Project Actual Cost: $ 524,500.00 Background /Analysis: The four original clarifiers that were constructed circa 1989 were drained and inspected in calendar year 2012 during the design phase of the Wastewater Treatment Facilities Consolidation Project. The inspection revealed substantial corrosion on significant portions of the mechanisms. Two of these clarifiers were repaired in fiscal year 2017. This project repaired the remaining two that still have their original carbon steel mechanisms and which were nearing the end of their useful life. ATTACHMENTS: Description Engineer's Report Resolution ENGINEER'S REPORT September 30, 2020 City Clerk Iowa City, Iowa FY20 Wastewater Clarifier Repairs Project Dear City Clerk: 1 r i wWRor®� CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 - 1826 (319) 356 - 5000 (319) 356 - 5009 FAX www.icgov.org I hereby certify that the FY20 Wastewater Clarifier Repairs Project has been completed by Fab Tech Wastewater Solutions, LLC, of Warrenton, Missouri, in substantial accordance with the plans and specifications prepared by the Engineering Division. The project was bid as a unit price contract and the final contract price is $524,500. There is a total of two (2) change or extra work orders for the project as described below: 1 Additional Skimmer Arm Installation $24,000 2 Re -build Bridge on Clarifier 5100 $24,500 Total $48,500 I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Jason Havel, P.E. City Engineer Prepared by: Ben Clark, Senior Engineer, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5436 Resolution No. 20-235 Resolution accepting the work for the FY20 Wastewater Clarifier Repairs Project Whereas, the Engineering Division has recommended that the work for construction of the FY20 Wastewater Clarifier Repairs Project as included in a contract between the City of Iowa City and Fab Tech Wastewater Solutions, LLC, of Warrenton, Missouri, dated April 23rd, 2020, 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 Wastewater Clarifier Repairs account #V3144; and Whereas, the final contract price is $524,500. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 6th day of October , 20_ZD_ ,2t Ma Ap o ed by Attest: A ko C O\ . / City Jerk City Attorney's Office (Sara Greenwood Hektoen — 09/30/2020) It was moved by Taylor and seconded by Salih the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: Bergus Mims Salih Taylor Teague Thomas Weiner Item Number: 6.g. CITY OF IOWA CITY COUNCIL ACTION REPORT October 6, 2020 Resolution authorizing the acquisition of property interests necessary for construction of the Second Avenue Bridge over South Branch of Ralston Creek Project. Prepared By: Melissa Clow, Special Projects Administrator Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: Funding will be available via the Second Avenue Bridge over South Branch of Ralston Creek account #S3949. Recommendations: Staff: Approval Commission: N/A Attachments: Location Map Resolution Executive Summary: Preliminary design for the Second Avenue Bridge over South Branch of Ralston Creek Project is nearing completion, and the proposed improvements will require the acquisition of temporary construction easements from property owners within the project corridor. This item will allow City Staff to obtain the easements necessary to construct the project. Background /Analysis: The 2019 biennial bridge inspection rated the deck and super structure of the 2nd Avenue bridge as in serious condition and replacement was recommended. The streambank channel is also noted as having widespread minor damage with bank slump. The deck is spalling, has cracks and delamination is occurring. The bridge is posted with a 10 -ton weight embargo due to its current condition. Lastly, there is no traffic barrier separating pedestrians from vehicles. Impacts to Court Hill Trail will be minimized as much as possible during construction, utilizing a temporary travel surface or a marked detour route. ATTACHMENTS: Description LucduUi i ividp Resolution e PROPERTY EXHIBIT - MARXEN, KYLE N & MCMEEN, ERIN CD � i V V U 0 -� z� O - + + + + + + + + + + ..a t + + + + + + + + +++ *+ \+-\+ PROPOSEDTEMPORARY + + * + { + + + + + Q + + + 728 2ND AVE .++++ GRAVEL TRAIL DETOUR N _ MARXEN, KYLE N & MCMEEN, ERIN ++++++++++++++ + PARCEL N0. 1014183009 +++++++ V EXISTING FIRE HYDRANT ,+� TO BE REMOVED '1+L:. + + + + + + + j .e+ +%+ + PROPOSED FIRE + + + + + + + +f +++++++ V HYDRANT A ' }, + + + + + + + _. -INCPROPOSEDTEMPORARY + + + + + + + -- CONSTRUCTION EASEMENT Olt- ++++++++++: +'+ EXISTING TREE TO EXISTING TRAIL TO BE + + + + + + + + - BE REMOVED (TYP.) REMOVED AND REPLACED ++*+++*++4 PR POSED STORM 4' {+{' 125.0' x �-- + + + + SAVER MANHOLE + + + + + + + + + + + +.+ + - '• +� + + + + + +�+ + + + + \ + + + + + + + o _ + + + +15 ST + + + +* + { ++ + ++ + + + + { + + + + + + + + + + + + + + + �+ + + + ,S + # + + Y +++ +' + — ; + -_< -- + <54" 5 �I,:..�.:� 4"� S <54 < + + <+ + + <5 < _ S< <J4" S<� :: ,54' S< :`SS< ��� 4-<-.T + + + + + ++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + +. + + o o Oo + + + + + + + + + + + ++ q + + + + # $ + +�� + + + + + + + + + + + + <12" S< < 2'�� + <r s Ab+ -- RALSTON CREEK fi +E�ISTING BRIDGE TO BE + 1 I I ° REMOVED AND REPLACED I II O77Q O O + + + C -+..+ +++++1{ + + + + ++ ++++++++{+++++++++ r r r + '+++++++++++ O + + + + + + ++++++++++++++++ + + < --T +++ + + + ++ '++ + ++++ * + + + + ++ + + + + ++ + + ++�.<2 S <94" S< <24" S<—<2-1 2+**+++4` _ + + +. + +++++++ + + + + DATE OF SURVEY OWNER PREPARED FOR LEGEND GRAPHIC SCALE SUMMER 2020 728 2ND AVENUE CITY OF IOWA CITY 0 10 20 Feet TEMP. CONST. EASE. EXISTING R.O.W. LINE MARXEN, KYLE N & MCMEEN, ERIN ENGINEERING DEPARTMENT N a1 + + + SOD — — — — — — — TEMP. CONST. EASE. LINE PARCEL NO. 1014183009 II AREA: 12,046 SF RIP -RAP s ENGLISH DESIGN TEAM SHOEMAKER & HAALAND CITY OF IOWA CITY JOHNSON COUNTY PROJECT NUMBER BROS-3715(664)--8J-52 SHEET NUMBER 728 2nd Ave y PROPERTY EXHIBIT - REDFINCH ESTATE LLC , v vllI i ro v v `GiF- o o - WNW in PGRAVE + + + + + + + + + + + + + + + + + + + Lu > * * + + + + + v+*+ TRAIL DETOUR GRAVEL TRAIL DETOUR +++++ + + + + + + + Q +* + +n + + +++ + p * o * o + cli + + + + + + + + +++ + + + + + + + + + ++ ++++ - i- L 731 2ND AVE + + + + + - -• +'�+ + REDFINCH ESTATE LLC ++++ ++++++++++++++ — — — +++++ + ,.� * * + * PARCEL NO. 1014182008 + +++++++v ++++ - .� +•N++ + +++`+++'}+}*++ �+++++ } _'— ++ ++++++++ + _+ + +++ o+ + + + + + o` * • PROPOSED TEMPORARY EXISTING TRAIL TO BE } ++++++++++++++ ++ ++++ ++ / 1 • _ � CONSTRUCTION EASEMENT REMOVED AND REPLACED Z + + + + + + + -." + + + + + 0 73.0' 1+ ++++++++++++++ ROPOSEDSTOR ' + + + + 1 +' * + + ... + + + + *(+✓++++++++ EWER MANHOLE + ? + ++i *+ +++ +++ + 4 •+ + + + + + + + + + - — — = + + + E+ + + } + ++++ + 15 ST + + A Jim.• + +.+ + + + +- {-*+ + + + + + *++++" + } + + 5 ., <54" S •� + + + + } } + + + + + + } } + + + + < S< .S �� 4 - - 4 17777 I � OE) s (OE) + + +pj+ + + + + + + + + + 77 —�- + + + + + *++ �, + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + L- � J EXISTING TREE TO BE REMOVED (TYP.)pr + a. • •.r1 + EXISTING BRIDGE TO BE � REMOVED AND REPLACED * T PROPOSED STORM • RALSTON CREEK SEWER OUTLET — + ��• — — — L— + + -" <24 S< . * + + ++++ + ��+24f - - <24' S< <24" G2 T • + + + + — — — - - + 151 TE + + + * + + LEGEND DATE OF SURVEY OWNER PREPARED FOR GRAPHIC SCALE SUMMER 2020 731 2ND AVENUE CITY OF IOWA CITY 0 10 20 Feet TEMP. CONST. EASE. EXISTING R.O.W. LINE REDFINCH ESTATE LLC ENGINEERING DEPARTMENT N PARCEL NO. 1014182008 + + + SOD — — — — — — — TEMP. CONST. EASE. LINE AREA: 11,966 SF RIP -RAP ENGLISH I DESIGN TEAM SHOEMAKER & HAALAND CITY OF IOWA CITY JOHNSON COUNTY IPROJECT NUMBER BROS-3715(664)--8J-52 SHEET NUMBER 731 211(1 Ave Prepared by: Melissa A. Clow, Public Woks, 410 E. Washington St, Iowa City, IA 52240 319-3565413 "n Resolution No. 20-236 Resolution authorizing the acquisition of property interests necessary for construction of the Second Avenue Bridge over South Branch of Ralston Creek Project. Whereas, the City of Iowa City desires to construct the Second Avenue Bridge over South Branch of Ralston Creek ("Project") which includes removal and replacement of the Second Avenue Bridge and removal and replacement of paving and storm sewer along Second Avenue between D Street and F 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 Second Avenue Bridge Replacement account # S3949. 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 Second Avenue Bridge over South Branch of Ralston Creek ("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 Council hereby approves the preliminary or final route or site location of this public improvement project, as shown in the attached Exhibit "A", attached hereto and incorporated herein by this reference. 3. 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. 4. 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. 5. 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. Resolution No. 20-236 Page 2 6. 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 this6th .day of _October 2020 Ma&0 Ap ro ed by Attest: G✓ J City Clerk City Attorney's Office (Sara Greenwood Hektoen — 10/01/2020) It was moved by Taylor and seconded by salih the Resolution be adopted, and upon roll call there were: Ayes: P Nays: Absent: Bergus Mims Salih Taylor Teague Thomas Weiner Z _` CITY OF IOWA CITY al"', *(� �tna COUNCIL ACTION REPORT October 6, 2020 Resolution accepting the work for the storm sewer, drainageways, sanitary sewer, water main, and paving public improvements for Lindemann Subdivision — Part Seven, and declaring public improvements open for public access and use Prepared By: Josh Slattery - Sr. Civil Engineer Reviewed By: Jason Havel - City Engineer Ron Knoche - Public Works Director Geoff Fruin - City Manager Fiscal Impact: None Recommendations: Staff: Approval Commission: N/A Attachments: Resolution, Engineer's Report Executive Summary: Late Handouts Distributed (Date) Lindemann Subdivision — Part Seven is a 28 -lot, 10.14 -acre residential subdivision located between Lindemann Subdivision — Part Six and Lindemann Subdivision — Part Eight. Lindemann Subdivision — Part Seven extends Anna Street between Lindemann Drive and Brentwood Drive. The subdivision also includes connections of Charles Drive, Danielle Street, and Kenneth Drive to Anna Street. Background / Analysis: The construction of the storm sewer, drainageways, sanitary sewer, water main, and street paving improvements for Lindemann Subdivision — Part Seven have been completed in substantial accordance with the plans and specifications on file with the Engineering Division of the City of Iowa City. ENGINEER'S REPORT October 2, 2020 Honorable Mayor and City Council Iowa City, Iowa Re: Lindemann Subdivision — Part 7 Dear Honorable Mayor and Councilpersons: I .i;oil CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 - 1826 (319) 356 - 5000 (319) 356 - 5009 FAX www.icgov.org Late Handouts Distributed 1v--S-z-0 (Date) I hereby certify that the construction of the sanitary sewer, storm sewer, drainageway, water main, and street paving improvements for Lindemann Subdivision — Part 7 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 Clerk's Office for the sanitary sewer, storm sewer, and water main improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa and for the paving improvements constructed by Streb Construction Co., Inc. of Coralville, Iowa. I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, (� �,,_ J_�) Jason Havel, P.E. City Engineer Prepared by: Josh Slattery, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 Resolution No. 20-237 Resolution accepting the work for the storm sewer, drainageways, sanitary sewer, water main, and paving public improvements for Lindemann Subdivision — Part Seven, 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 Lindemann Subdivision - Part Seven, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. Paving improvements for Lindemann Subdivision - Part Seven, as constructed by Streb Construction Co., Inc. of Coralville, Iowa. Whereas, the maintenance bonds have been filed in the City Clerk'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 Whereas, the traffic control signs have been installed. 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 6th day of October 2020 M o ed by Attest: 40 City Clerk City Attorney's Office - 10/05/2020 It was moved by 'Taylor and seconded by Salih the Resolution be adopted, and upon roll call there were: Ayes: Va Nays: Absent: Bergus Mims Salih Taylor Teague Thomas Weiner 6�1.k Item Number: 7.a. CITY OF IOWA CITY `���� COUNCIL ACTION REPORT October 6, 2020 Resolution setting a public hearing on October 20, 2020 on the project manual and estimate of cost for the construction of the Sludge Storage Tank Masonry Repair Project, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said project manual on file for public inspection. Prepared By: Ben Clark, Sr. Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: The estimated cost of construction is $165,000 and will be funded through the Wastewater Administration account # 72720110. Recommendations: Staff: Approval Commission: N/A Attachments: Picture Resolution Executive Summary: This agenda item begins the bidding process for the Sludge Storage Tank Masonry Repair Project. This project involves repairing a failure of the masonry fagade on Sludge Storage Tank 8801. Background /Analysis: The sludge storage (belt filter press) feed tank is a reinforced concrete tank with a masonry facing and aluminum dome cover that was built during the original south plant construction in 1989. A section of the masonry facing recently failed with a section of the bricks falling to the ground. The masonry facing has suffered from moisture issues, possibly due to the way the original dome cover and flashing system was installed. The project will involve repairs to the masonry, dome cover seal and flashing systems. ATTACHMENTS: Description Picture Resolution .. ,.,� 4 - _- k 0 \� \- . •wj ��+.f - ..:� |\ _ . /�- . lk \ ~ --- §- \-. - \ _ � \ \ , . , > 11-W _ �� � ' r�� ■ . .. �a . . Prepared by: Ben Clark, Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)356-5436 Resolution No. 20-238 Resolution setting a public hearing on October 20, 2020 on the project manual and estimate of cost for the construction of the Sludge Storage Tank Masonry Repair Project, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said project manual on file for public inspection. Whereas, funds for this project are available in the Wastewater Administration account # 72720110. Now, therefore, be it resolved by the Council of the City of Iowa City, Iowa, that: A public hearing on the project manual and estimate of cost for the construction of the above- mentioned project is to be held on the 201 day of October, 2020, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. City Hall is currently closed to the public because of the coronavirus. If City Hall remains closed to the public, the meeting will be an electronic meeting using the Zoom Meetings Platform. For information on how to participate in the electronic meeting, see www.icgov.org/councildocs or telephone the City Clerk at 319/356-5043. 3. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 4. A copy of the project manual and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 6th day of October _'2020 Ma) Attest: I^W // Cit Clerk City Attorney's Office (Sara Greenwood Hektoen — 09/30/2020) It was moved by 'Taylor and seconded by adopted, and upon roll call there were: Ayes: Nays: Salih the Resolution be Absent: Bergus Mims Salih Taylor Teague Thomas Weiner Item Number: 10. CITY OF IOWA CITY COUNCIL ACTION REPORT October 6, 2020 Resolution approving Amendment No. 16 to the City -University Project 1 Urban Renewal Plan to add climate change objectives and projects. Prepared By: Wendy Ford, Economic Development Coordinator Reviewed By: Ashley Monroe, Assistant City Manager Fiscal Impact: No Impact Recommendations: Staff: Approval Attachments: Amendment #16, City University Project 1 Urban Renewal Plan Resolution Executive Summary: In accordance with state law, any urban renewal activity in an urban renewal area must be included in the respective urban renewal plan. Amendment #16 to the City University Project 1 Urban Renewal Area, (downtown) adds a climate change objective, as well as adds two projects to the Plan: A private redevelopment project on the south side of the 100 block of East College Street and project that offers incentives for commercial properties to make energy efficiency improvements. The private redevelopment project includes historic preservation of the street -facing buildings, a home for a non-profit organization, affordable housing, and LEED Gold certification. The energy efficiency incentive project is for commercial properties to improve energy efficiency, reduce carbon emissions and help the City achieve a 45% reduction in carbon emissions by 2030. Adoption of the Plan amendment does not signify approval of the projects listed within it; rather, it affords Council the opportunity to consider those projects at a later date. Background /Analysis: Regarding the private redevelopment project, the developer, Tailwind Group, first presented their project a little over a year ago to the Council Economic Development Committee (EDC). Since then, they have made some adjustments to their plans and expect to make a final presentation to the EDC early this Fall. The EDC will then make a recommendation regarding the project to Council. Council would then consider whether to execute a development agreement to provide economic development assistance in support of the project. Regarding the energy efficiency incentive project, beginning in 2007, Iowa City took its first deliberate step to address Climate Change. Since then, it has taken additional climate change initiatives. In 2017, Council adopted the Iowa City Climate Action and Adaptation Plan. On August 6, 2019, Council declared a Climate Crisis and called on staff to accelerate action to address the climate crisis and limit global warming and adopted the new targets of a 45% reduction in carbon emissions by 2030 and reaching "net -zero" by 2050. Resulting from the Climate Crisis declaration, the 2020 Accelerated Climate Actions report recommends launching a TIF -funded climate action incentive program aimed at reducing energy consumption. Since commercial users account for about 20% of Iowa City's carbon emissions, this amended Urban Renewal Plan project aims to assist business in reducing that number. To encourage business to make the investments required to improve energy efficiency, the City is creating a program designed to offset some of those costs. Applicants would be eligible for up to a 50% match for certain energy efficiency improvements, similar to what the City approved for the industrial areas earlier this year. Tax increment generated from taxes paid by property owners in this urban renewal area would be used for both projects. • Commercial users would apply for the funds for Energy Efficiency projects; projects would be vetted by professionals or contractors in the industry, and enter into a development agreement subject to City Council approval. • The private redevelopment project would be required to generate its own TIF increment through increased valuation on the property to be eligible for rebates (TIF increment is taxes paid by the owner over and above a base value, or beginning taxable value of the properties). Approval of a development agreement for that project, too, would be considered at a later date by Council. ATTACHMENTS: Description Amenament Resolution Amendment No. 16 City -University Project 1 Urban Renewal Plan City of Iowa City, IA Original Area Adopted 1969 Amendment No. 1 —1972 Amendment No. 2 —1973 Amendment No. 3 —1973 Amendment No. 4 —1976 Amendment No. 5 —1977 Amendment No. 6 —1979 Amendment No. 7 —1984 Amendment No. 8 —1987 Amendment No. 9 — 2001 Amendment No. 10 — 2012 Amendment No. 11 — 2013 Amendment No. 12 — 2014 Amendment No. 13 — 2015 Amendment No. 14 — 2016 Amendment No. 15 — 2017 Table of Contents Section 1 — Introduction Section 2 — Urban Renewal Plan Objectives Section 3 - Proposed Urban Renewal Projects Section 4 — Proposed Urban Renewal Activities Section 5 - Debt Section 6 — Urban Renewal Plan Amendments Section 7 - Effective Period Section 8 - Repealer Section 9 - Severability Clause SECTION 1- INTRODUCTION The City -University Project 1 Urban Renewal Plan ("Plan") for the City -University Project 1 Urban Renewal Area ("Area" or "Urban Renewal Area"), adopted in 1969 and amended fifteen times since, is being further amended with this Amendment #16 to add projects to the Urban Renewal Area. The Urban Renewal Plan for the City -University Urban Renewal Area is being amended to add climate change objectives and proposed projects to be undertaken in the Area. The base valuation of the area will be unchanged by this Amendment. SECTION 2 — URBAN RENEWAL PLAN OBJECTIVES The Urban Renewal Goals and Objectives previously set forth remain unchanged by this Amendment. This Amendment No. 16 adds the goal of reducing carbon emissions by helping users of industrial facilities in the Urban Renewal Area improve energy efficiency and adds a redevelopment project. In 2007, the City of Iowa City took an important step toward addressing climate change by signing the U.S. Mayor's Climate Protection Agreement. In 2008, the Council agreed to participate in the "Cities for Climate Protection Campaign." In 2009, the City completed the first greenhouse gas inventory in the state. The Mayor signed the updated U.S. Climate Protection Agreement in 2014 and the Council set greenhouse gas emissions reduction goals in 2016. In 2017, the City formed a Climate Action Steering Committee to provide input on the development of a Climate Action Plan. Comprised of and representing many stakeholders in the community, the Committee sought and received public input to guide planning efforts. In 2017, Council adopted the Iowa City Climate Action and Adaptation Plan. The Buildings section of the Action Plan includes among its goals, a) increasing energy efficiency in businesses and b) increasing on-site renewable energy systems and electrification. In 2019, Council increased the carbon emission reduction targets and declared a Climate Crisis. The average commercial building wastes about 30% of the energy it consumes. By capturing inefficiencies, users can reduce costs. By reducing energy use, users also reduce greenhouse gases emitted at power plants (Energy Star, U.S. Environmental Protection Agency). Reducing greenhouse gases released into the atmosphere is an effective way to stem climate change and results in a cleaner, healthier environment. The amendment to this plan seeks to assist users achieve those goals. SECTION 3 - PROPOSED URBAN RENEWAL PROJECTS Although certain project activities may occur over a period of years, in addition to the projects previously proposed in the Plan, as amended, the following proposed urban renewal projects are hereby added to the Plan: 1. Planning, engineering fees, costs and attorney fees to support urban renewal plan -related projects Project Date Estimated Cost Attorney fees to support urban renewal projects Ongoing $200,000 2. Development Agreements Project Date Estimated cost Rationale Redevelopment of 2020 $12,900,000 To preserve and protect buildings that, large portion of the bonds to be incurred: The specific amount of debt to be for reason of age, history, architecture or south side of the incurred for the Proposed Urban Renewal Projects has not significance are listed or are eligible for 100 block of E. listing on the National Register of College Street. Council will consider each proposed project on a case-by- Historic Places, strengthen the economic case basis to determine if it is consistent with the Plan and in well-being of the area and provide the public's best interest. These proposed Projects, if residential development for low- and of years. In no event will debt be incurred that would exceed moderate -income families; provide the City's debt capacity. It is expected that such space for non-profit theater and indebtedness, including interest thereon, may be financed in commercial uses. Energy efficiency 2020-2025 $5,000,000 To reduce carbon emissions. improvements at the cost of the Proposed Urban Renewal Projects described Not to exceed: qualifying properties SECTION 4 — PROPOSED URBAN RENEWAL ACTIVITIES All activities or actions from previous Plan amendments continue, as detailed in previous Plan amendments. SECTION 5 - DEBT 1. FY 221 constitutional debt limit: $342,894,916 2. Outstanding general obligation debt: $54,850,000 3. Proposed amount of loans, advances, indebtedness or bonds to be incurred: The specific amount of debt to be incurred for the Proposed Urban Renewal Projects has not yet been determined. The Projects authorized in this Amendment are only proposed projects at this time. The City Council will consider each proposed project on a case-by- case basis to determine if it is consistent with the Plan and in the public's best interest. These proposed Projects, if approved, will commence and be concluded over a number of years. In no event will debt be incurred that would exceed the City's debt capacity. It is expected that such indebtedness, including interest thereon, may be financed in whole or in part with tax increment revenues from the Urban Renewal Area. Subject to the foregoing, it is estimated that the cost of the Proposed Urban Renewal Projects described Not to exceed: above will be approximately as follows: $17,900,000 SECTION 6 — URBAN RENEWAL PLAN AMENDMENTS If the City of Iowa City desires to amend this Plan, it may do so in conformance with applicable state and local laws. SECTION 7 - EFFECTIVE PERIOD This Urban Renewal Plan Amendment #16 will become effective upon its adoption by the City Council. Notwithstanding anything to the contrary in the Urban Renewal Plan, any prior amendment, resolution, or document, the Urban Renewal Plan shall remain in effect until terminated by the City Council, and the use of incremental property tax revenues, or the "division of revenue," as those words are used in Chapter 403 of the Code of Iowa, will be consistent with Chapter 403 of the Iowa Code. SECTION 8 - REPEALER Any parts of the previous Plan, as previously amended, in conflict with this Amendment are hereby repealed. SECTION 9 - SEVERABILITY CLAUSE If any part of the Amendment is determined to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity of the previously adopted Plan as a whole or the previous amendments to the Plan, or any part of the Plan not determined to be invalid or unconstitutional. H Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248 Resolution No. 20-239 Resolution approving Amendment No. 16 to the City -University Project 1 Urban Renewal Plan to add climate change objectives and projects. Whereas, on August 18, 2020, City Council adopted a resolution of necessity (Res. No. 20-196) contemplating an amendment to the City -University Project 1 Urban Renewal Plan to facilitate reducing carbon emissions by helping users of commercial facilities in the Urban Renewal Area to improve energy efficiency, and to consider a redevelopment project on the south side of the 100 block of East College Street, said amendment being the 16th amendment thereto, and Whereas, pursuant to Res. No. 20-196, consultation with affected taxing entities was duly held and all required responses to the recommendations made by the affected taxing entities, have been timely made as set forth in the report of the Economic Development Coordinator filed herewith and incorporated herein by the reference, which report is in all respects approved; and Whereas, pursuant to said Res. No. and proper notice of said public hearing publication in the Iowa City Press Citizen. 20-196, a public hearing was held after due +vas given, as provided by law, by timely Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa: 1. This Council finds that Amendment No. 16 to the City -University Project 1 Urban Renewal Plan conforms to the general plan for the development of the City as a whole; will not result in the displacement of families; and does not contain open land to be acquired by the City. 2. That Amendment No. 16 is hereby approved and adopted as the "Amendment No. 16 to the City -University Project 1 Urban Renewal Plan for the City -University Project 1 Urban Renewal Area"; and the City Clerk is hereby directed to file a certified copy of said Amendment No. 16 with the proceedings of this meeting. 3. That the City -University Project 1 Urban Renewal Plan for the City -University Project 1 Urban Renewal Area, as amended herein, shall be in full force and effect from the date of this resolution until the later of the date of termination set forth in the Plan, as amended, or the date on which payment of all obligations issued or advances made to carry out the purposes thereof shall be fully provided for. Said Amendment No. 16 shall be forthwith certified by the City Clerk, along with a copy of this Resolution, to the Recorder for Johnson County, Iowa, to be filed and recorded in the manner provided by law. Passed and approved this 6th day of October , 2020. Resolution No. 20-239 Page 2 ATTEST: City Jerk APPROVED: M r City Attorney (Sara Greenwood Hektoen —10/01/2020) It was moved by Thomas and seconded by Taylor the Resolution be adopted, and upon roll call there were: Ayes: Nays: i7 -2- Absent: Bergus Mims Salih Taylor Teague Thomas Weiner Item Number: 14. CITY OF IOWA CITY COUNCIL ACTION REPORT October 6, 2020 Resolution approving the appointment of Dustin Liston as Police Chief in Iowa City, Iowa. Prepared By: Geoff Fruin, City Manager Reviewed By: Ashley Monroe, Assistant City Manager Fiscal Impact: No Impact Recommendations: Staff: Approval Commission: The Civil Service Commission Approved 3-0 Attachments: Memo from the City Manager Resolution Executive Summary: Following the February 24, 2020 retirement of Police Chief Jody Matherly, the City Manager's Office launched a recruitment process to fill the vacant position. At the City Manager's recommendation, the Civil Service Commission certified Mr. Dustin Liston for the position during their meeting on September 24, 2020. The City Charter requires City Council approval of the appointment. Background /Analysis: The attached memo provides an overview of the hiring process and details the reasons for the selection of Mr. Dustin Liston. Assuming City Council approval, the appointment will be effective on January 11, 2021. ATTACHMENTS: Description City Manager's Memo Resolution -_,---.r..� CITY OF IOWA CITY MEMORANDUM Date: September 17, 2020 To: Civil Service Commission and City Council From: Geoff Fruin, City Manager Re: Approval of Police Chief Appointment Introduction: Following the February 24, 2020 retirement of Police Chief Jody Matherly, the City Manager's Office launched a recruitment process to fill the vacant position. The recruitment and hiring process was approved by the Civil Service Commission at their February 7, 2020 meeting. At its September 24th, 2020 meeting, the Civil Service Commission will be asked to certify Mr. Dustin Liston as qualified for the position of Police Chief in accordance with the Commission approved recruitment and hiring process. As required by the City Charter and assuming Civil Service Commission certification, I am also seeking the City Council's approval of my appointment of Mr. Liston to the Police Chief position effective January 11, 2021. Recruitment Process: The first step in the recruitment process involved the drafting of the job description and announcement. Staff utilized the City Council's strategic plan, as well as the recently revised mission statement for the Iowa City Police Department to help guide the development of this recruitment tool. The following were listed as descriptors for the ideal candidate: • Appreciation and sensitivity for cultural and racial diversity; • Be an approachable and dynamic leader who is able to inspire the community and ICPD; • Ability to serve as a mentor and coach who provides staff clear and consistent expectations of performance and promotional criteria; • Excellent communication skills; • Be respectful of community protest as an exercise in democracy and form of feedback; • Be solution -focused and open to productive change; • Be an active participant on City executive team willing to assist other departments; • Transparent within the limits of the law; • Value the importance of regional law enforcement cooperation; • Have ability to support, manage, motivate and hold employees accountable; • Ability to maintain productive working relationships with labor unions The full position announcement was posted on the City's website and can still be viewed at https://www.icqov.or-q/pro'ectliowa-city-police-chief-search. Application materials were disseminated in February 2020, and the position was advertised through the following outlets: • Craigslist • Engaging Local Government Leaders (ELGL) • GovDelivery (City of Iowa City news release) • Facebook • GovtJobs • Hispanic American Police Command Officers Association (HAPCOA) September 17, 2020 Page 2 • Higher Education Recruitment Consortium (HERC) • International Association of Chiefs of Police (IACP) • Iowa City/County Management Association (ICMA) • Iowa League of Cities • Iowa Police Chiefs • Kirkwood Community College • Linkedln • National Association of Women Law Enforcement Executives (NAWLEE) • National Organization of Black Law Enforcement Executives (NOBLE) • Twitter • University of Iowa Handshake Application materials were received from 18 candidates by the April 301h deadline. With the assistance of several executive management team staff members, I reviewed all the application materials (resume and cover letters) and determined nine candidates warranted further consideration based on the recruitment profile and the necessary qualifications. Next, each of the nine candidates received a questionnaire containing five questions. For the eventual finalist candidates, their responses were shared publicly on the City's recruitment website. During this questionnaire phase of the process, four candidates voluntarily withdrew from further consideration. A team of City staff reviewed the remaining five candidates and I selected four to advance to the semi-finalist interview phase. In order to help provide a broader range of feedback on the four remaining candidates, a committee of 15 people was assembled to conduct interviews. Interview questions were developed, in part, from suggestions received from the 15 -member panel, as well as from feedback received from the public at earlier points in the recruitment process. The panel was divided into two teams and each of the four candidates interviewed via video conferencing with both panels. The members of the interview panel are listed below: • Nancy Bird, Iowa City Downtown District • Stefanie Bowers, Iowa City Office of Equity and Human Rights • LaTasha DeLoach, The Center • Eleanor Dilkes, City Attorney • Geoff Fruin, City Manager • Scott Gaarde, Iowa City Police Lieutenant • Karen Jennings, Iowa City Human Resources • Angie Jordan, Neighborhood Association Representative • Bijou Maliabo, Human Rights Commission • Kelcey Patrick-Feree, ACLU Hawkeye Chapter • Andy Rich, Iowa City Police Officer • Kevin Sanders, NAACP • Tony Sivanthaphanith, Iowa City Pride • Orville Townsend, Community Police Review Board • Rick Wyss, Civil Service Commission At the conclusion of the four interviews, the interview teams discussed insight into each of the candidates. Some of the individual members also spoke with me separately to share additional thoughts on the candidates and their responses to the questions. It is important to note that the interview panelists were not asked to endorse or choose candidates. Rather, they shared their views and helped inform my decision on who to advance to the finalist stage and what, if any, issues they felt needed to be further explored at the finalist phase of the process. I would like to thank each of these panel members publicly for their contributions to the process. They offered important feedback and I fully expect the next Police Chief will immediately upon hire begin to build relationships with these community members and the organizations that they represent. September 17, 2020 Page 3 After feedback was received from the interview panel, I advanced three candidates to the finalist stage of the process. The names of the candidates were released publicly, along with their resumes and answers to the previously mentioned questionnaires. The finalist stage included an optional community tour, optional police station tour, a final interview, a youth panel discussion, a Police Department staff meet and greet, a lunch with City staff and/or Council member, and a public meet and greet session. The community tour was coordinated through Think Iowa City, while Police staff conducted the station tour. The final interview was led by me, and I was joined by Mayor Teague and Councilors Mims and Bergus. The youth panel was facilitated by The Center Director LaTasha DeLoach, with Councilor Weiner observing. Participating youth were selected by United Action for Youth, Neighborhood Centers of Johnson County, and Dream City. The public meet and greet session was held outdoors at Mercer Park in a COVID-safe manner. Approximately 40 to 50 community members attended, and candidates spoke with small groups individually for two and half hours until each member of the public had an opportunity to speak with all three candidates. The public was given hard copy forms to fill out and submit, as well as an electronic survey option that could be completed in the days immediately following the event. Concurrently with the finalist phase of the process, the City conducted background checks on all three candidates. The City hired Moulder and Associates (Des Moines) to conduct the background checks. Moulder and Associates has extensive experience with police recruitment processes and provided valuable insight into each of the candidates. The process that is outlined above is far more extensive than any other department head recruitment, but necessary given the importance of this position. The public involvement and feedback received from start to finish absolutely helped shape my views on the candidates. The feedback also helped me identify lines of questioning with each of the candidates. At the conclusion of the process, I felt fully confident that I had the information I needed to make a well-informed decision. Recommendation: The appointment of management staff is arguably the greatest responsibility that a City Manager holds. I take this task very seriously and consider each appointment to be a direct reflection on my ability to successfully serve this city, which I am so fortunate to call home. After an extensive search process, it is without any hesitation that I recommend that the Civil Service Commission certify and that the City Council approve the appointment of Mr. Dustin Liston to the position of Police Chief, effective January 11, 2021. Mr. Liston was born and raised in Eldora, Iowa and later resided in Iowa City while attending the University of Iowa, where he graduated with Bachelor of Arts degrees in Psychology and Sociology. After graduation, he joined the EI Paso, Texas Police Department where he has served for 22 years. During his tenure at the EI Paso Police Department, he has risen through the ranks, finishing as the top candidate in both the department's Sergeant and Lieutenant promotional processes. In 2016, Mr. Liston earned a Master of Science degree in Criminal Justice from Sul Ross State University (Alpine, Texas). Mr. Liston also served in the Iowa Army National Guard from 1992-1998. Mr. Liston currently serves as a Lieutenant assigned as the Director of the EI Paso Fusion Center, a regional multiagency intelligence hub with a mission to protect the citizens and critical infrastructure of Far West Texas and Southern New Mexico, while preserving the privacy and the U.S. and Texas Constitutional rights of all individuals and organizations. His assignment and success in leading the Fusion Center demonstrates his keen ability to collaborate with external agencies and stakeholders. His leadership and communication skills became very apparent in the aftermath of the tragic August 3, 2019 active shooter incident that resulted in the loss of 23 September 17, 2020 Page 4 lives at an EI Paso area Wal-Mart. Mr. Liston's leadership during the response and the ensuing investigation has been described by EI Paso Police Department leadership as vital. The EI Paso Police Department is a large department with 1,173 sworn officers and 299 civilian staff. It serves a diverse community of 680,000 residents and is located immediately adjacent to the borders of Mexico and New Mexico. Over 80% of EI Paso residents identify as Hispanic. EI Paso is home to The University of Texas of EI Paso, which has an enrollment of over 25,000 students. Mr. Liston's service in this community has provided him an opportunity to positively collaborate with a diverse population, which is a continuing point of emphasis for the Iowa City Police Department. His experience serving a diverse community with a large higher education institution is also an invaluable asset to our community. It is important to note that the EI Paso Police Department's demographics closely mirror that of the community it serves. As Mr. Liston stated in his questionnaire response, this was "made possible with intense recruiting efforts in those communities that may not have traditionally considered a career in law enforcement." The diversification of the Iowa City Police Department remains a top priority and Mr. Liston's past experiences in EI Paso should serve us well in this regard. Those who have worked with Mr. Liston describe him as a good listener and a deep and forward thinker. He has proven to be a strong collaborator and is highly respected amongst his peers. He has no disciplinary history in his 22 years with the EI Paso Police Department, and is regarded as having strong morals and ethics that serve as a foundation for all of his actions. Others that know Mr. Liston describe him as courteous and empathetic. Mr. Liston was also described as someone who takes a strong interest in the officers that he supervises. He enjoys and takes seriously the task of mentoring young officers and helping them develop professionally throughout their careers. His ability to motivate and fully support his staff while holding them accountable and constantly working to improve on service delivery are unique skills that are incredibly important for a Police Chief to possess. Throughout the selection process, Mr. Liston exhibited a strong understanding of the type of leader we need here in Iowa City. He understands that his role will be to lead this department as it accelerates its path toward a more robust community policing model, one that acknowledges the importance of equity and incorporates new approaches to long-term issues. His experience with community policing programs in EI Paso, such as the Crisis Intervention Team civilian co - responder program, will undoubtedly help this effort. He is prepared to strengthen existing relationships and build new ones in a meaningful manner that will create new and collaborative community problem -solving efforts. Mr. Liston values transparency and will be a solid partner to the Community Police Review Board, Human Rights Commission, and other boards and commissions that are eager to work together to bridge gaps between community and police in a positive, respectful manner. His commitment to the principles of procedural justice will permeate throughout our department and improve our collective efforts to consistently serve all persons in a fair and impartial manner. Mr. Liston is prepared to hold our staff accountable when mistakes are made, and simultaneously lift our team up each time they successfully carry out our public service duties. take great comfort in knowing that Mr. Liston is coming to Iowa City with a deep passion and appreciation for our city and state. He is already personally invested in our community and his care for Iowa City will be reflected in his day-to-day work here. Mr. Liston will enjoy the support of a talented and equally passionate group of employees in the Iowa City Police Department. I trust they will embrace his leadership style, and I have every bit of confidence that together, the department will continue to innovate and serve this community with care, compassion, fairness, and the highest level of integrity. Iowa City has a fantastic Police Department and it will only grow stronger under Mr. Liston's direction. Lastly, I would be remiss if I did not acknowledge the efforts of the Iowa City Police Department during the last several months of transition. Specifically, I would like to acknowledge Captains Bill Campbell and Denise Brotherton who have admirably filled the role of Interim Police Chief. September 17, 2020 Page 5 They have exhibited extraordinary professionalism and a deep commitment to serving this community through a very challenging and difficult time in our country's history. Captains Campbell and Brotherton will continue to play critical roles for this community in the months and years ahead. As is always the case during times of transition, many other employees are asked to take on additional responsibility, and our Police Department staff has done so commendably, remaining committed to providing exceptionally high levels of service to the community. Thank you to our hard-working staff at the Iowa City Police Department. I am proud of the men and women of the Iowa City Police Department. Their enduring dedication to public service and commitment to continually improving the way we serve each and every one of our residents gives me a tremendous amount of confidence that Chief Liston will be well-positioned for success in his new role. Thank you also to the Civil Service Commission and City Council for participating in various ways throughout the process. I look forward to answering any questions you have about the process or my appointment of Mr. Dustin Liston. Prepared by: Geoff Fruin, 410 E. Washington Sl, Iowa City, IA 52240 (319) 356-5010 Resolution No. 20-240 Resolution approving the appointment of Dustin Liston as Police Chief in Iowa City, Iowa. Whereas, the City Manager's Office coordinated a recruitment process for the vacant position of Chief of Police; and Whereas, in accordance with Section 4.04(A)(3) of the Iowa City Home Rule Charter the City Manager shall appoint the Chief of the Police Department with the approval of the City Council; and Whereas, the Civil Service Commission at their September 24, 2020 meeting certified the City Manager's recommendation of Dustin Liston; and Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that the appointment of Dustin Liston as Police Chief in Iowa City, Iowa is hereby approved. Passed and approved this 6th day of October, 2020 May r Ap ov d by / Attest: L, w City CI rk City Attorney's Office -10/01/2020 It was moved by Thomas and upon roll call there were: Ayes: ii and seconded by trims the Resolution be adopted, Nays: Absent: Bergus Mims Salih Taylor Teague Thomas Weiner