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
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2
BUSINESS INNOVATION
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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
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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
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believes the Strategic Doing tool is key
Bike Friendly Community/
Businesses
to leveraging our local assets and moving
Fund Iowa Seed Fund
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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.
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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
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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
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IOWA CITY
AREA DEVELOPMENT
DESIGNING OUR FUTURE
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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
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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
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DATE: SEPT. 2020 REPLACEMENT PROJECT
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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_
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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
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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
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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.
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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