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HomeMy WebLinkAbout2021-10-19 ResolutionItem Number: 6.c. r � � At + at1Mw��al +•ate_ CITY OF IOWA CITY www.icgov.org October 19, 2021 Resolution to issue Cigarette Permit to Groundwork, dba H -Bar, 220 S. Van Buren St. ATTACHMENTS: Description Cigarette Resolution Prepared by: City Clerk's Office, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 Resolution Number: 21-264 Resolution to Issue Cigarette Permits Whereas, the following firms and persons have made an application and paid the taxes required by law for the sale of cigarettes, tobacco, nicotine and vapor products. Now, Therefore, be it Resolved by The City Council of Iowa City, Iowa, That: the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to sell cigarettes, tobacco, nicotine and vapor products: H—Bar — 220 S. Van Buren St. Passed and approved this 19th day of October 12021 or pproved by Attest: V itC y Clerk City Attorney's Office It was moved by Taylor and seconded by Resolution be adopted, and upon roll call there were: Ayes: X X X X X Nays: Weiner Absent: Bergus Mims Salih Taylor Teague Thomas Weiner the Item Number: 7.b. �r A�� CITY OE IOWA CITY www.iogov.org October 19, 2021 Motion notifying the Iowa City Planning & Zoning Commission of the petition for the establishment of the South District Self -Supported Municipal Improvement District filed with the City Clerk on October 7, 2021 and referring said petition to the Planning and Zoning Commission for the preparation of an evaluative report for the Council on the merit and feasibility of the project, all in accordance with Chapter 386.3(3) of the Code of Iowa. ATTACHMENTS: Description SSMI D Petition - South District PETITION To establish the South District Self -Supported Municipal Improvement District (SSMID) pursuant to Chapter 386 of the Code of Iowa. We, the undersigned, being owners of the property within the SSMID boundaries described herein, hereby petition the City Council of Iowa City, Iowa, pursuant to the provisions of Chapter 386 of the Code of Iowa (the "Act") as follows: 1. To establish by ordinance a Self -Supported Municipal Improvement District in Iowa City, Johnson County, Iowa: a. The name of which shall be the "South District Self -Supported Municipal Improvement District' (herein referred to as the "Proposed District"), b. A description of boundaries and map of the Proposed District is attached hereto as Exhibit A. c. The purposes of which shall be the undertaking of actions authorized by the Act and the performance of administration, redevelopment, and revitalization of the Proposed District, as authorized by the Act, any and all of which actions and improvements are intended to benefit the property, businesses, and residents within the Proposed District, including, but not limited to, activities that expand the mix of businesses, increase consumer traffic, enhance beautification and landscaping, and expand civic opportunities within the district. 2. To establish an operation fund for the Proposed District and levy an annual tax (the "Operation Tax") upon the property defined in the Act (excluding property assessed as residential property for property tax purposes) at a maximum levy rate not to exceed five dollars ($5) per one thousand dollars ($1,000) assessed value for a period of five (5) years, commencing with the levy of taxes for collection in the fiscal year beginning July 1, 2022 for the purpose of : (a) paying the administrative and operational expenses of the Proposed District, as defined and authorized in the Act, and (b) paying part or all of the maintenance expenses of "improvements" or "self-liquidating improvements" as defined in the Act with respect to the Proposed District. 3. It is the intent of this Petition that the operation taxes levied and collected on behalf of the Proposed District shall be expended for new, additional, or enhanced services within the Proposed District, and that the City shall not diminish the type and extent of governmental services currently provided. 4. This Petition is not requesting any amount of levy for either a Debt or Capital Fund. 5. To disburse annually all amounts collected in the Operation Fund, for one or more of the following purposes, at such times and under such conditions as shall be recommended to the City Council by a SSMID Advisory Board composed of an executive committee of a board of directors (as described in Section 6). a. Development and management of activities in support of marketing, business retention and attraction, including, but not limited to: L Database establishment' ii. Space referrals and assistance - r- _. C-7_ w iii. Marketing activities, including media and advertising campaigns and communication materials iv: Miscellaneous business support services V. Establishment and promotion of special events, festivals, and activities vi. Support of urban design and policy development that would enhance the activities within the SSMID; b. Physical or other improvements designed to enhance the image and appearance of the Proposed District, including, but not limited to: i. Lighting Improvements ii. Seasonal and decorative enhancements iii. Signage and banners iv. Landscaping V. Central market development vi. Maintenance/Repairs; c. To hire an Executive Director and, if needed, other support staff who will work for a non-profit Board of Directors to manage the work of the South District SSMID Board and to fulfill the intent of this Petition. 6. It is the intent of this Petition that the City of Iowa City enter into an Operating Agreement with the South District Self -Supported Municipal Improvement District Board (herein referred to as the "Board"). This Proposed Board will be formed and described in the Operating Agreement. All SSMID levy monies shall be appropriated to the Proposed Board for the management and operation of the District. From time to time, the City of Iowa City may provide additional revenue to the Board for the purposes of the management and operation of the District. a. The Board shall establish itself as a 501 (c)(6) non-profit organization. The Board of Directors will be established as described below after passage of the ordinance in order to effectuate an Operating Agreement with the City of Iowa City and establishment of its bylaws. Once the Operating Agreement is established, the receipt of the first SSMID levy reimbursement from the City shall commence. i. Board membership shall consist of voting members: 1. Two from property owners or their representatives from a single property within the Proposed District that has an assessed value in excess of 1.0% of the total assessed value of property within the district boundaries. 2. Two from property owners or their representatives from a single property within the Proposed District that has an assessed value less than 1.0% of the total assessed value of property within the district boundaries. 3. Two from business owners within the Proposed District that lease more than 3,000 square feet of commercial space. 4. Two from business owners within the Proposed District that lease less than 3,000 square feet of commercial space. i fir, y ' U.7 5. Two from residents of the South District Neighborhood Association. 6. One from the Pepperwood Plaza parking association. ii. Board membership may consist of up to four (4) other stakeholders of the Proposed District as voting members of the Board. iii. Board membership may consist of ex -officio non-voting members from community development agencies and partners, such as: 1. Black Voices Project; 2. Johnson County Interfaith Coalition; 3. LULAC; 4. Iowa City Area Business Partnership; 5. Iowa City Area Development Group; and 6. City of Iowa City. iv. Board membership shall include the Executive Director as an ex -officio non-voting Board member. V. It is the intent of this Petition that no revenues produced through property taxes imposed specifically for the Proposed District or tax increment financing revenues attributable to the operation tax levy on properties in the Proposed District shall be spent by the City Council without the approval of the Board. b. The initial Board shall be appointed by a diverse group of stakeholders that will include four (4) persons representing: 1. Southgate; 2. South District Neighborhood Association; 3. Multicultural Development Center of Iowa; and 4. MidwestOne Bank. 7. It is the further intent of this Petition that, notwithstanding the fact that the Proposed District is located within the boundaries of a Tax Increment Finance District which has been created by the City, an amount of funds which would be derived from the annual SSMID levy of the Operation Tax against property within the Proposed District if the Proposed District were not located within such Tax Increment Finance Districts shall be made available annually for the services, improvements, and activities set out in this Petition, and that the City should take all actions necessary to accomplish this purpose, including, if necessary, allocation to these services, improvements and activities of a portion of the incremental property taxes which are attributable to properties within the Proposed District. These allocations may be from the SSMID levy or other sources. �.s 1 ` 1 -o r n� it A if cn da °D co rlDy >, LEE-- Q L-L-7 O u °o p o�a 5. o a 3 0 =oa ; N q u, 0 1S aop!M O 00 cm, O N Ce 00 Om a CD c m N N N O N �N 00 C O O 2. Jg hns�oa3l O NN P N F 10 � L 1S Injoam n `Do T N P N C U U L P F ^ P N � P N N N O l N d Of m P cn F -� ..... C O � m Q r) C C m m N P N O O mN N O F N D rr; m cn N -- , o N C2 10 10 v . > Q F m co m C. m 10 E ?. t O p N p -4 a N P ^ o ^ n c N u 1S Aempeoi8 N N }�'•' AV ~ L7 o a t Q LU 1S Aempewe 0 CD ,o 0 0 _ o F P gO G P too .pe o 0 0 o F M 1S lua3saio o P O� La Vo � P LLl O m N s0 O _ M F a N r N E F N P d+Na o (n P N W P > IM O Q M Y Q P �. inN Yf O b � m U 1!! to p m O v da °D co Q u °o o�a 5. o a u, .O O 00 cm, O N Ce 00 Om a CD c m N N N O N �N 00 C O O 2. Jg hns�oa3l NN d � L 1S Injoam n `Do T N P C U U L P F ^ P N N N N O l N d Of m P cn F -� ..... C O � m Q r) C C m m N P N O O mN D rr; m cn i„ � o -- , o N mE C 10 v . F m co m C. m 10 E ?. 10 O p N Q ry N N N N L O n N N }�'•' AV ~ L7 DESCRIPTION FOR SSMID PEPPERWOOD DISTRICT BEGINNING AT THE SOUTHEAST CORNER OF LOT 1, PART OF BLOCK 2 BRAVERMAN CENTER, IOWA CITY, IOWA ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 7, PAGE 20, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE NORTHWESTERLY ALONG THE SOUTHERLY LINE OF SAID LOT 1, AND ITS NORTHWESTERLY EXTENSION TO A POINT ON THE CENTERLINE OF BROADWAY STREET; THENCE SOUTH ALONG SAID CENTERLINE OF BROADWAY STREET TO ITS INTERSECTION WITH THE EASTERLY EXTENSION OF THE NORTHERLY RIGHT=OF=WAY LINE OF CROSS PARK AVENUE; THENCE WEST ALONG SAID EASTERLY EXTENDED NORTHERLY RIGHT-OF-WAY LINE AND ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF CROSS PARK AVENUE, TO THE SOUTHEAST CORNER OF LOT 17, OF A PORTION OF BLOCK 1, BRAVERMAN CENTER, IOWA CITY, IOWA, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 31, PAGE 137 IN SAID RECORDER'S OFFICE; THENCE NORTH ALONG THE EAST LINE OF LOT 17 AND LOT 16, OF SAID A PORTION OF BLOCK 1, BRAVERMAN CENTER, IOWA CITY, IOWA, TO THE NORTHEAST CORNER OF SAID LOT 16; THENCE WEST ALONG THE NORTHERLY LINE OF SAID LOT 16 AND ITS WESTERLY EXTENSION TO ITS INTERSECTION WITH THE CENTERLINE OF KEOKUK STREET; THENCE NORTH ALONG SAID CENTERLINE OF KEOKUK STREET TO ITS INTERSECTION WITH THE SOUTH LINE OF BRAVERMAN CENTER, LOT 2 OF BLOCK 1 AND BLOCKS 5,6 AND 7, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 8, PAGE 69 IN SAID RECORDER'S OFFICE; THENCE WEST ALONG SAID SOUTH LINE TO THE SOUTHWEST CORNER OF LOT 8, BLOCK 7 OF SAID BRAVERMAN CENTER; THENCE NORTH ALONG THE WEST LINE OF SAID LOT 8, BLOCK 7 OF BRAVERMAN CENTER AND ITS NORTHERLY EXTENSION TO THE CENTERLINE OF SOUTHGATE AVENUE; THENCE WEST ALONG SAID CENTERLINE OF SOUTHGATE AVENUE TO ITS INTERSECTION WITH THE SOUTHERLY EXTENSION OF THE EAST LINE OF THE WEST 60 FEET OF LOT 4 OF BLOCK 5 OF THE RESUBDIVISION OF PORTIONS OF BLOCKS 5 AND 6, BRAVERMAN CENTER, PARTS 1 AND 2, IOWA CITY, IOWA ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 19, PAGE 93 IN SAID RECORDER'S OFFICE; THENCE NORTH ALONG SAID SOUTHERLY EXTENDED LINE AND ALONG SAID EAST LINE OF THE WEST 60 FEET OF LOT 4 OF BLOCK 5 AND ALONG THE WEST LINE OF LOT 5 OF BLOCK 5 OF SAID RESUBDIVISION OF PORTIONS OF BLOCKS 5 AND 6, BRAVERMAN CENTER, PARTS 1 AND 2, TO ITS INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF OLYMPIC COURT; THENCE NORTH TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF OLYMPIC COURT, SAID POINT BEING ON THE WEST LINE OF LOT 6 OF BLOCK 5 OF SAID RESUBDIVISION OF PORTIONS OF BLOCKS 5 AND 6, BRAVERMAN CENTER, PARTS 1 AND 2; THENCE NORTH ALONG THE WEST LINE OF SAID LOT 6 OF BLOCK 5 TO THE NORTHWEST CORNER OF SAID LOT 6 OF BLOCK 5 OF THE RESUBDIVISION OF PORTIONS OF BLOCKS -5 AND --6, BRAVERMAN CENTER, PARTS 1 AND 2; = r f' 7.3 - r�J THENCE EAST ALONG THE NORTH LINE OF SAID LOT 6 OF BLOCK 5 OF THE RESUBDIVISION OF PORTIONS OF BLOCKS 5 AND 6, BRAVERMAN CENTER, PARTS 1 AND 2, TO ITS INTERSECTION WITH THE WEST LINE OF AUDITOR'S PARCEL 2020034, CITY OF IOWA CITY, JOHNSON COUNTY, IOWA, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 64, PAGE 135 IN SAID RECORDER'S OFFICE; THENCE NORTH ALONG SAID WEST LINE OF AUDITOR'S PARCEL 2020034 AND ITS NORTHERLY EXTENSION, TO ITS INTERSECTION WITH THE CENTERLINE OF THE EAST BOUND LANE OF U.S. HIGHWAY NO. 6; THENCE SOUTHEASTERLY, ALONG SAID CENTERLINE OF THE EAST BOUND LANE OF U.S. HIGHWAY 6, TO ITS INTERSECTION WITH THE NORTHERLY EXTENSION OF THE EAST LINE OF PART OF BLOCK 2, BRAVERMAN CENTER, IOWA CITY, IOWA, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 7, PAGE 20 IN SAID RECORDER'S OFFICE; THENCE SOUTH ALONG SAID NORTHERLY EXTENDED LINE AND ALONG SAID EAST LINE OF PART OF BLOCK 2, BRAVERMAN CENTER, IOWA CITY, IOWA TO THE SOUTHEAST CORNER OF LOT 1, PART OF BLOCK 2, BRAVERMAN CENTER, IOWA CITY TO THE POINT OF BEGINNING. Owner(s) Name Signature of Address of Property Assessed Value (Printed) Owner(s) or in Proposed SSMID Authorized Representative Domestic Violence REDACTED $266,000 ntervention Program Inc. Shelter House 820 Cross Park Ave. $2,045,030 Community Shelter & Iowa City Transition Services Executive Director MIDWESTONE BANK 1906 Keokuk St. $2,083,300 Iowa City Iowa City Market President BREESE CO INC THE 611 Southgate Ave. '$762,470 Iowa City iLead Pastor of The Kingdom Center of Iowa PEPPERWOOD Ijd(— ,985 HIGHWAY 6 E $1,146,260 PROPERTIES, LLC Ma a r Ilowa City PEPPERWOOD 1 -DA-, PEPPERWOOD PLAZA $63,240 'PROPERTIES, LLC Mana er LOT 11, Iowa City 'EPPERWOOD /_"' PEPPERWOOD PLAZA $46,490 )ROPERTIES, LLC Manager LOT 11, Iowa City PEPPERWOOD PEPPERWOOD PLAZA LO $229,300 PROPERTIES, LLC Manager 10, Iowa City PEPPERWOOD j � !25 HIGHWAY 6 E $2,577,270 PROPERTIES, LLC Manager owa City PEPPERWOOD LOT 2, LLC A�'— 1926 KEOKUK ST 1893,730 Manager owa City fWIK TRIP, INC 11907 KEOKUK ST 61,959,950 owa City 300D NEWS BIBLE 845 PEPPERWOOD LN $1,817,220 CHURCH Iowa Ci <EOKUK INVESTMENTS 2010 KEOKUK ST !$484,940 LC Iowa City 3OUTHSIDE SPIRITS LLC 1921 KEOKUK ST ,$344,750 Iowa City THE MISFITS 1927 KEOKUK ST Iowa City 3URTCH RENTALS LLC 1929 KEOKUK ST $430,060 Ilowa City HACKIE RENTALS LLC 11933 KEOKUK ST :$361,920 Kowa City ID GARCIA LLC '1937 KEOKUK ST $534,190 Iowa City FINAL PETITION SD SSMID Pepperwood and Pepperwood Final Audit Report Created: 2021-10-04 By: South District SSMID Volunteers (kpf@alumni.duke.edu) Status: Signed Transaction ID: CBJCHBCAABAAE2hEyg2HWQ10KB-fUO5gK8PBCZbfFupd 10.01.2021 Lot 2 2021-10-04 "FINAL PETITION _SD SSMID 10.01.2021 Pepperwood and Pep perwood Lot 2" History Document created by South District SSMID Volunteers (kpf@alumni.duke.edu) 2021-10-04 - 4:54:04 PM GMT- IP address: 70.39.111.244 Cay Document emailed to C Jerry Waddilove awaddilove@southgateco.com) for signature 2021-10-04 - 4:55:42 PM GMT Email viewed by C Jerry Waddilove awaddilove@southgateco.com) 2021-10-04 - 8:30:23 PM GMT- IP address: 173.20.159:241 Document e -signed by C Jerry Waddilove Gwaddilove@southgateco.com) Signature Date: 2021-10-04 - 8:30:53 PM GMT - Time Source: server- IP address: 173.20.159.241 Agreement completed. 2021-10-04 - 8:30:53 PM GMT a Adobe Sign d Owner(s) Name Signature of Address of Property Assessed Value (Printed) Owner(s) or in Proposed SSMID Authorized Representative )omestic Violence REDACTED $266,000 ntervention Program Inc. Shelter House 820 Cross Park Ave. $2,045,030 Community Shelter & Iowa City Transition Services Executive Director MIDWESTONE BANK TD�/�/��q�%� 1906 Keokuk St. $2,083,300 �% ..... Iowa City Iowa City Market President BREESE CO INC THE 611 Southgate Ave. :$762,470 Iowa City (Lead Pastor of The Kingdom Center of Iowa PEPPERWOOD 985 HIGHWAY 6 E $1,146,260 PROPERTIES, LLC Ilowa Ci PEPPERWOOD PEPPERWOOD PLAZA $63,240 PROPERTIES, LLC ILOT 11, Iowa City P€PP€RWOOD PEPPERWOOD PLAZA $46,490 PROPERTIES, LLC LOT 11, Iowa City PEPPERWOOD PEPPERWOOD PLAZA LOT $229,300 PROPERTIES, LLC 10 Iowa Cijy PEPPERWOOD 925 HIGHWAY 6 E $2,577,270 'ROPERTIES, LLC owa City PEPPERWOOD LOT 2, LLC 1926 KEOKUK ST 1893,730 Iowa City CWIK TRIP, INC 1907 KEOKUK ST !;1,959,950 Iowa City 300D NEWS BIBLE 845 PEPPERWOOD LN $1,817,220 3HURCH Iowa City KEOKUK INVESTMENTS 2010 KEOKUK ST $484,940 _LC Iowa City 3OUTHSIDE SPIRITS LLC 1921 KEOKUK ST $344,750 Iowa City THE MISFITS '1927 KEOKUK ST Iowa City 3URTCH RENTALS LLC 11929 KEOKUK ST $430,060 Iowa City MACKIE RENTALS LLC 11933 KEOKUK ST ,£361,920 Iowa City D GARCIA LLC 1937 KEOKUK ST $534,190 Iowa City FINAL PETITION SD SSMID 10.01.2021 MidwestOne Final Audit Report 2021-10-04 Created: 2021-10-04 By: South District SSMID Volunteers (kpf@alumni.duke.edu) Status: Signed Transaction ID: CBJCHBCAABAAcN8UZJN2VTbbollm4-NPs79jOBm7jTCj "FINAL PETITION—SID SSMID 10.01.2021 MidwestOne" History Document created by South District SSMID Volunteers (kpf@alumni.duke.edu) 2021-10-04 - 4:10:48 PM GMT- IP address: 70.39.116.230 Document emailed to Todd Means (tmeans@midwestone.com) for signature 2021-10-04 - 4:11:18 PM GMT Email viewed by Todd Means (tmeans@midwestone.com) 2021-10-04 - 6:07:18 PM GMT- IP address: 165.225.60.124 Document e -signed by Todd Means (tmeans@midwestone.com) Signature Date: 2021-10-04 - 6:08:39 PM GMT - Time Source: server- IP address: 165.225.60.124 Agreement completed. 2021-10-04 - 6:08:39 PM GMT ' � I Adobe Sign Owners) Name (Printed) Signature of Owner(s) or Authorized Representative Address of Property in Proposed SSMID Assessed Value Shelter House Community Shelter & Transition Services 2khe ya ��eCG 820 Cross Park Ave. Iowa City $2,045,030 ii 65tlni Cang¢ndli(Oct A. i.-- . -- : Executive Director N) �,n N) �,n FINAL PETITION -SID SSMID 10.01.2021 Shelter House Final Audit Report 2021-10-04 Created: 2021-10-04 By: South District SSMID Volunteers (kpf@alumni.duke.edu) Status: Signed Transaction ID: CBJCHBCAABAAhiyrsal8ay-v6XCvC7T_V01Cc5_5LMu2 "FINAL PETITION SD SSMID 10.01.2021 Shelter House" Histor Y Document created by South District SSMID Volunteers (kpf@alumni.duke.edu) 2021-10-04 - 3:25:41 PM GMT- IP address: 70.39.116.230 Document emailed to Christina Canganelli (crissy@shelterhouseiowa.org) for signature 2021-10-04 - 3:26:14 PM GMT Email viewed by Christina Canganelli (crissy@shelterhouseiowa.org) 2021-10-04 -10:05:00 PM GMT- IP address: 162.253:46.69 Document e -signed by Christina Canganelli (crissy@shelterhouseiowa.org) Signature Date: 2021-10-04 -10:32:22 PM GMT - Time Source: server- IP address: 162.253.46.69 Agreement completed. 2021-10-04 -10:32:22 PM GMT �w7 '4 Adobe Sign iri Owner(s) Name (Printed) Domestic Violence Intervention Program Inc. Signature of Owner(s) or Authorized Representative Executive Director Address of Property in Proposed SSMID REDACTED Assessed Value $266,000 FINAL PETITION -SID SSMID 10.01.2021 Redacted Final Audit Report 2021-10-04 DVI P Created: 2021-10-04 By: South District SSMID Volunteers (kpf@alumni.duke.edu) Status: Signed Transaction ID: CBJCHBCAABAAndFChL4P243Hhnc5GT9WWLV9X2FbTWO "FINAL PETITION SD SSMID 10.01.2021 DVIP Redacted" Hist ory Document created by South District SSMID Volunteers (kpf@alumni.duke.edu) 2021-10-04 - 3:15:27 PM GMT- IP address: 70.39.116.230 Document emailed to Kristie Fortmann-Doser (kristie@dvipiowa.org) for signature 2021-10-04 - 3:16:08 PM GMT Email viewed by Kristie Fortmann-Doser (kdstie@dvipiowa.org) 2021-10-04 - 3:43:03 PM GMT- IP address: 74.125.215.34 6p Document e -signed by Kristie Fortmann-Doser (kristie@dvipiowa.org) Signature Date: 2021-10-04 - 3:43:16 PM GMT - Time Source: server- IP address: 66.129.205.109 Agreement completed. 2021=10=04 - 3:43:16 PM GMT 9 —j x ri Adobe Sign Item Number: 7.c. AL CITY OF IOWA CITY =�c�- COUNCIL ACTION REPORT October 19, 2021 Resolution authorizing the City Manager to sign and City Clerk to attest a 28E Agreement with the Iowa Alcohol Beverages Division for Tobacco Enforcement. Prepared By: Susan Dulek, Ass't. City Attorney Reviewed By: Dustin Liston, Police Chief Geoff Fruin, City Manager Fiscal Impact: none Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Agreement Executive Summary: This resolution approves a 1 -year agreement with the State for financial assistance for tobacco compliance checks. I n exchange for the City agreeing to check each tobacco, alternative nicotine and vapor product permit holder, the State will pay the City $75 per compliance check. If a permit holder is found to be non-compliant in the first check, the City agrees to conduct a second compliance check. Background /Analysis: ATTACHMENTS: Description resolution agreement Iowa Secretary of State 321 East 12th Street Des Moines, IA 50319 sos.iowa.gov Full Legal Name City of Iowa City Iowa Alcohol Beverages Division 28E Agreement Organization Type County City Johnson State Agency Polk 100 -LAW ENFORCEMENT Agreement with the Iowa Alcohol Beverages Division for tobacco enforcement (Res 21-265) 06/30/2022 21-265.pdf Contact Person: (Optional) Kellie Fruehling City Clerk City Clerk kellie-fruehling@iowa-city.org 319-356-5041 FILED Filing Date: 0112012022 03:57 PM Filing Number: M514484 Prepared by: Susan Dulek, Asst. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030 RESOLUTION NO. 21-265 Resolution authorizing the City Manager to sign and City Clerk attest 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; and 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; and 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 and any amendments as needed. Passed and approved this 19th day of Approved by City Attorney's Office (Sue Dulek — 10/1112021) October .2021. Resolution No. 91-269 Page 2 It was moved by Taylor and seconded by Weiner Resolution be adopted, and upon roll call there were; AYES: NAYS ABSENT: Bergus Mims Salih Taylor Teague Thomas Weiner the SCHEDULE 3 THIS AGREEMENT is made and entered into on this Z JE' day of 0C -1 2021 by and between the Iowa Alcoholic Beverages Division ("ABD"), and the city of 1Q2Za-Vi+,V (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: 1918 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, 2022, 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 httos:fltobacco.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, 2021. The compliance check shall be completed and submitted for reimbursement to ABD by February 15, 2022. 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 2021 business year, but not before October 1, 2021. If the department is unable to complete the compliance checks on seasonal businesses prior to the businesses close for the 2021 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 first inspection. The second compliance check on the non-compliant retailer shall be completed and entered no later than May 15, 2022. 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(l) 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, 2022, 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 Underage 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 N 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. In 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 ADD. 5.2.1 Enforcement Guidance. The ASD 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_Paa+ment. 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, 2021 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. 4 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 Change in the Law. Notwithstanding anything in this Contract to the contrary, and subj ect 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 obligationsunder 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 ABA. Consistent with Article VII, 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 Dmartment. Consistent with Article VII, Section I 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, each 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 7 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 Proeram Coordinator Iowa Alcoholic Beverages Division 1918 SE Hulsizer Road Ankeny, Iowa 50021 _ 515-281-7434 Email: Ekrnan@towaABD.com If to Department: Chief Dustin Liston Iowa City Police Department 410 E. Washington Street Iowa Citv, Iowa 52240 Email: dustin-Liston ,iowa-citv.or 13.11 Cumulative Riehts, 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 Severabilitv. 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. N 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 ABD throughout the term of the Agreement for aperiod 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 shred 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 further instruments as may reasonably be required for carrying out the expressed intention of the Agreement. SECTION 14. EXECUTION. IN WITNESS WEEREOF, 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 Jo 'Wus Heppe Regulatory Compliance Bureau Chief 11/912021 Date By Law Enforcement Agency Departlafit Official )-.� �C';o 4--91141 oc Depa ent if es Approved By owzjjo i4 "r -A t /O/rolzo2l Date /o j - Date Item Number: 7.d. AL CITY OF IOWA CITY =�c�- COUNCIL ACTION REPORT October 19, 2021 Resolution amending budgeted positions in the Information Technology Services Division of the Finance Department and the Administrative and Confidential pay plan by adding one full-time Information Security Analyst position, grade 26. Prepared By: Michael Harapat, ITS Coordinator Reviewed By: Dennis Bockenstedt, Finance Director Geoff Fruin, City Manager Fiscal Impact: Estimated cost of position is $93,000 to $121,000 which will be funded in the current fiscal year in the ITS Fund Number 8300 through a combination of expenditure reductions and fund balance. Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: Approval of this resolution will add an Information Security Analyst position, in the ITS division within the Finance Office, at grade 26 of the Administrative and Confidential pay plan. This position will be responsible for monitoring, tracking, and analyzing security systems at the City. The position will focus on an in-depth analysis of existing and newly collected security data for coordination and implementation of the City's cyber security objectives. This position will provide a security focused approach to cyber security in user, application, and hardware management. Background /Analysis: In the fall of 2019, the ITS group had contracted with an outside entity to perform penetration testing to determine the state of the current security management and mitigation systems. It was determined that upgrades to the current security applications and processes were needed. Since that time, the ITS group has taken part in a voluntary Certified Information Systems Auditor audit. Ten areas of improvement where identified related to documentation, change management, and cyber security. Since that time, the ITS group contracted with a cyber security company to determine the best course of action to address the ten areas of improvement identified. The cyber security company identified that the current ITS staff have been managing the current security solutions, but have not able to devote necessary time on them due to other job functions. It was strongly recommended that an Information Security Analyst be added to focus on the avoidance and mitigation of cyber security threats. Up until now, the current ITS staff has worked the new security management protocols into the current workload. The Information Security Analyst position would be assigned all responsibilities associated with security patching, monitoring, alerting, and coordination of mitigation. The Information Security Analyst position will be funded in the FY2022 budget by reallocating currently budgeted ITS funds. Expenditure reductions within the ITS Fund will be identified in future budgets to ensure funding remains in place for this high priority position. ATTACHMENTS: Description Resolution Prepared by: Mike Harapat, ITS Coordinator, 410 E. Washington St, Iowa City, IA 52240 (319) 3565422 Resolution number 21-266 Resolution amending budgeted positions in the Information Technology Services Division of the Finance Department and the Administrative and Confidential pay plan by adding one full-time Information Security Analyst position, grade 26. Whereas, Resolution No. 21-73, adopted by the City Council on March 16, 2021, authorized budgeted positions in the Information Technology Services Division of the Finance Department for FY22; and Whereas, Resolution No. 21-112, adopted by the City Council on May 4, 2021, established a classification and compensation plan for Administrative, Confidential and Executive employees; and Whereas, it has been determined that the ITS administrative staff requires a security focused position to help address evolving threats to the city's digital infrastructure; and Whereas, the responsibilities and requirements of the Information Security Analyst position have been evaluated and grade 26 of the Administrative and Confidential 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: 1. The budgeted positions in the Information Technology Services Division of the Finance Department be amended by adding one full-time Information Security Analyst position. 2. The Administrative and Confidential pay plan be amended by adding the position of Information Security Analyst to grade 26. Passed and approved this 19th day of October _,2021 Mayor Attest: Ci y Clerk / 1 Approved by City Attoey s Office (Jennifer Schwickerrath — 10/12/2021) Resolution No. Page 2 It was moved by Taylor and seconded by Weiner the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bergus Mims Salih Taylor x Teague x Thomas x Weiner Item Number: 7.e. 1 CITY OF IOWA CITY ��.:. -4 in � at COUNCIL ACTION REPORT October 19, 2021 Resolution authorizing the City Manager to sign an amendment to the loan agreement with Public Space One, Inc. for community programming at 538 S. Gilbert St. Prepared By: Susan Dulek, Ass't. City Attorney Reviewed By: Geoff Fruin, City Manager Fiscal Impact: No impact Recommendations: Staff: Approval Commission: N/A Attachments: Agreement Resolution Amendment Executive Summary: The City and Public Space One, Inc. ("PS1") have an agreement whereby the City provided a loan for the acquisition of 730 S. Dubuque St. in exchange for providing community programming at the site. PS1 is selling 730 S. Dubuque St. and buying 538 S. Gilbert St. The amendment requires PS1 to continue providing community programming at 538 S. Gilbert and also forgives the loan in 2026. Background /Analysis: Public Access Television, Inc. ("PATV") provided public access and community programming on cable television pursuant to a written agreement with the City from 1989 to 2019. To support PATV's mission, the City provided a $125,000 loan to PATV in 2001 for partial funding to purchase and improve 730 S. Dubuque St. In 2019 PATV merged PS1 and dissolved. PS1 acquired 730 S. Dubuque St., assumed the $125,00 loan, and entered into the Agreement for Loan and Community Programming approved in Resolution No. 19-237. PS1 has entered into purchase agreements to sell 730 S. Dubuque St. and acquire 538 S. Gilbert St. Staff and PS1 have negotiated an amendment to the agreement to reflect the sale of 730 S. Dubuque and acquisition of 538 S. Gilbert St., which this resolution would approve. Because PATV and PS1 will have provided community programming and other services to the residents of the City for over 35 years, staff recommends that the loan be forgiven if PS1 adheres to the terms of the agreement for another five (5) years. The proposed amendment includes this loan forgiveness provision. FAA CTa:IMI=11il,kI&V Description agreement resolution amendment AGREEMENT FOR LOAN AND COMMUNITY PROGRAMMING; This Agreement for Loan and Community Programming (the "Agreement") is made between Public Space One, Inc., an -Iowa nonprofit corporation, ("PSi") and the City of Iowa City, Iowa, a municipal corporation, (the "City") in Iowa City, Iowa. WHEREAS, Public Access Television, Inc. ("PATV") has provided public access and community programming on cable television pursuant to a written agreement with the City for nearly thirty (30) years; WHEREAS, to support PATV's mission, the City provided a $125,000 loan to PATV in 2001 for partial funding to purchase and improve 730 S. Dubuque Street, Iowa City, Iowa, (the "PATV Loan") legally described as: The south 60.4 feet of Lot 5 in Block 18, in that part of Iowa City, Iowa, laid off by the Commissioners of Johnson County, Iowa as the County Seat of Johnson County, Iowa, according to the plat thereof recorded in Book 1 &2, page 253, Deed Records of Johnson County, Iowa (the "Property"); WHEREAS, the City provided the loan to PATV pursuant to an agreement ("PATV Loan Agreement"), evidence by a promissory note ("PATV Note"), and secured by a mortgage on the Property ("PATV .Mortgage"); WHEREAS, PATV has decided to merge with PSI and dissolve; WHEREAS, under the terms of the PATV Loan Agreement and PATV Note, PATV is obligated to repay the PATV Loan to the City if it dissolves or fails to provide community programming services; and WHEREAS, PSI is willing to acquire the Property and continue to provide community programming in exchange for assuming the PATV Loan and PATV Loan Agreement, and the City forgiving the PATV Note and releasing the PATV Mortgage. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Loan. In consideration of the City forgiving the PATV Note and releasing the PATV Mortgage, PSI promises to pay the PATV Loan as provided herein. No interest shall accrue on the PATV Loan. PSI shall not be obligated to make payments on the PATV Loan unless the City declares PSI in default of the terms of this agreement as provided herein. 2. Mortgage. PSI shall grant the City a mortgage on the property to secure this Agreement to be recorded at PS1's cost (the "PSI Mortgage"). Said PSI Mortgage shall be junior to the primary mortgage on the property held by Hills Bank and Trust Company. 2 PS 1 Qbligations. PSI shall: A. Occupy the Property, in whole or part, for the purpose of providing community programming. Content shall be distributed free of charge and does not need to be broadcast on a cable television provider. B. Provide alcohol free performance space at the Property to persons of all ages. C. Provide free meeting space at the Property for community organizations, similar to the meeting rooms available at the Iowa City Public Library. D. Not sell or convey any legal or equitable interest in the Property without the City's written consent. Notwithstanding any other provision herein, PSI may continue to lease a portion of the Property to Extend the Dream Foundation, Inc. or other tenants. E. Remain a private, non-profit corporation under the laws of the State of Iowa. 4. Community Programming. For purposes of this Agreement, community programming includes, but is not limited to the following services to residents of the Iowa City area: Professional staff and trainers for producer support; operate training workshops in media production; make available media production equipment; assist with providing media access to programs produced or provided by members of the Iowa City community; and provide nonprofit community based graphic messaging. 5. Default/Notice. In the event that the City determines that PS1 has defaulted in the performance of any of its obligations under this Agreement, the City may declare that default has occurred and give notice thereof to PSI. Notice of default shall be given in writing, shall specify the nature of the default and the provision of this Agreement involved, and shall specify what action is required to correct the default. PSI shall have thirty (3 0) days from the date of its receipt of the notice of default to correct the default. If at the end of said thirty (30) -day period the default has not, in the opinion of the City, been corrected, the City may demand immediate repayment of the PATV Loan, foreclose the PSI Mortgage, and pursue all lawful remedies. Notice will be deemed to be delivered, and thus effective, when personally received, or received by United States Mail, postage prepaid, certified mail return receipt requested, or receipt is refused. Such notices shall be addressed as follows: a. If to PSI, to: Public Space One, Inc. 730 S. Dubuque Street Iowa City, IA 52245 With a copy to: David J. Bright Pugh Hagan P.rahm PLC 425 E. Oakdale Boulevard, Suite 201 Coralville, IA 52241 b. If to the City, to: City Attorney City of Iowa City 3 410 Fest Washington Street Iowa City, IA 52240 6. Amendment All amendments shall be in in writing. 7. Non -Assignability. PSI shall not assign this Agreement without the City's written consent. $. NoWiseritnination. PSI shall not discriminate against any person in employment or public accommodation because of race, religion, color, creed, gender identity, sex, national origin, sexual orientation, mental or physical disability, marital status or age. "Employment" shall include but not be limited to hiring, accepting, registering, classifying, promoting, or referring to employment. 9. Ince agt dam. This Agreement contains the entire understanding of the parties. 10. Ccmflict of laws and Venue. The laws of the State of Iowa shall govern this Agreement, and venue for any legal action hereunder shall be in the Johnson County District Court of Iowa or the U.S. District Court for the Southern District of Iowa. 11. Sgtyeirability. If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 12. Attomeys' Fees, Costs and Expenses. Each party shall be responsible for its own attomeys' Bees, costs and expenses arising from the negotiation and drafting of this Agreement and any claims for enforcement or breach of said Agreement. Date: September-17th—.2019. lIl1BLl SPACE ONE, INC. By: Ibrecht, Director Oq►AftmMO OMM CITY OF 1OWA ay: G Fruity, CIty Manager Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 Resolution No. 21-267 Resolution authorizing the City Manager to sign an amendment to the loan agreement with Public Space One, Inc. for community programming at 538 S. Gilbert St. Whereas, Public Access Television, Inc. ("PAN") provided public access and community programming on cable television pursuant to a written agreement with the City from 1989 to 2019; and Whereas, to support PATV's mission, the City provided a $125,000 loan to PAN in 2001 for partial funding to purchase and improve 730 S. Dubuque Street, Iowa City, Iowa (730 S. Dubuque St."); and Whereas, in 2019 PAN merged with Public Space One, Inc. ("PSI") and dissolved; and Whereas, PSI acquired 730 S. Dubuque St., assumed the $125,00 loan, and entered into the Agreement for Loan and Community Programming approved in Resolution No. 19-237; and Whereas, PSI has entered into purchase agreements to sell 730 S. Dubuque St. and acquire 538 S. Gilbert St., Iowa City, Iowa; and Whereas, said agreement needs to be amended to reflect the sale of 730 S. Dubuque and acquisition of 538 S. Gilbert St., Whereas, because PATV and PSI have provided community programming and other services to the residents of the City for over thirty-five (35) years, it is a public purpose for the City to forgive the loan if PSI adheres to the terms of the agreement for another five (5) years. Now, therefore, be in resolved by the City Council of the City of Iowa City, Iowa that: The City Manager is authorized to sign the attached First Amendment to Agreement for Loan and Community Programming and further amendments as needed. Passed and approved this 19th day of October 2021. Attest: AC Clerk or Approved City Attome s Office (Sue Dulek — 10/14/2021) Resolution No. 21-267 Page 2 It was moved by 'Taylor and seconded by Weiner Resolution be adopted, and upon roll call there were: AYES: NAYS ABSENT: Bergus Mims Salih Taylor Teague Thomas Weiner the FIRST AMENDMENT TO AGREEMENT FOR LOAN AND COMMUNITY PROGRAMMING WHEREAS, on September 17, 2019, Public Space One, Inc., an Iowa nonprofit corporation, ("PSI") and the City of Iowa City, Iowa, a municipal corporation, ("the City") entered into the Agreement for Loan and Community Programming ("Agreement"); and WHEREAS, under the terms of the Agreement, PSI agreed, in part, to provide community programming in exchange for a loan of $125,000 from the City, which the City secured through a mortgage on property locally known as 730 S. Dubuque St., Iowa City, Iowa ("730 S. Dubuque) recorded September 24, 2019 in Book 5961, Page 201 in the Office of the Johnson County Recorder ("730 S. Gilbert Mortgage"); and WHEREAS, PSI has entered into purchase agreements to sell 730 S. Dubuque and acquire the property locally known as 538 S. Gilbert St., Iowa City, Iowa, legally described as: Lot 9, 10 and 11, Block 1, Lyon's First Addition to Iowa City, Iowa, according to the recorded plat thereof, excepting therefrom that portion described on acquisition plat recorded in Book 51, Page 348, Plat Records of Johnson County, Iowa. ("538 S. Gilbert"); and WHEREAS, the parties desire the City release the 730 S. Dubuque Mortgage and PSI grant a mortgage on 538 S. Gilbert securing the Agreement; and WHEREAS, the $125, 000 loan is a loan PSI assumed in 2019 from Public Access Television, Inc. ("PATV"), which the City granted to PATV in 2001; and WHEREAS, because PATV and PSI have provided community programming and other services to the residents of the City since 1989, the City desires to forgive the loan if PSI adheres to the terms of the Agreement for another five (5) years. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS 1. Loan. Paragraph 1 of the Agreement is amended by adding the following: The City shall forgive the PATV Note evidencing the $125,000 loan on November 1, 2026 if PSI satisfies its obligations under this amended agreement and the PATV Loan Agreement it previously assumed, as solely determined by the City. 2. Mortgage. Paragraph 2 of the Agreement is amended by deleting it in its entirety and substituting the following new Paragraph 2 in lieu thereof: (00406033) PSI shall grant the City a mortgage on 538 S. Gilbert ("538 S. Gilbert Mortgage") to secure this amended agreement to be recorded at cost to PSI. The 538 S. Gilbert Mortgage shall be junior to the primary mortgage on the property held by Hills Bank and Trust Company. The City shall release the 730 S. Gilbert Mortgage, and PSI shall pay the recording fee. 3. PSI Oblieations. Paragraph IA of the Agreement is deleted in its entirety and the following new Paragraph 1 A is substituted in lieu thereof: A. Occupy 538 S. Gilbert, in whole or part, for the purpose of providing community programming. Content shall be distributed free of charge and does not need to be broadcast on a cable television provider. All other terms of the Agreement, not inconsistent with this amendment, remain in full force and effect. Date: October 19th ,2021. P BLIC SPACE ONE, INC. By: gelbrecht, Executive Director *10 -t'F,d City Attomey's Office (00406033) CITY OF IOWA CITY By: i6ell6uin, City Manager 1 Item Number: 7.f. October 19, 2021 Resolution approving the final plat of Community View - Part Two, Iowa City, Iowa (SUB21-0007). ATTACHMENTS: Description Staff Report Final Plat Resolution To: City Council Item: SUB21-0007 Community View Part 2 GENERAL INFORMATION: Applicant: Property Owner: STAFF REPORT Prepared by: Joshua Engelbrecht, Planning Intern and Anne Russett, Senior Planner Date: October 11, 2021 MMS Consultants 1917 S. Gilbert St. Iowa City, IA 52240 319-351-8282 Allen Development, LLC. P.O Box 3474 Iowa City, IA 52244 Contact Person: Tracy Grecian Allen Homes tracygrecian.allenhomes@gmail.com Requested Action: Purpose: Location: Location Map: Size: Approval of a final plat in Iowa City To allow the development of Community View Part 2, a 11.57 -acre, 40 -lot single-family residential subdivision. West Buckingham Lane, north of American Legion Road 11.57 acres Existing Land Use and Zoning: Undeveloped, zoned for residential Surrounding Land Use and Zoning Comprehensive Plan: Neighborhood Open Space District File Date: 60 Day Limitation Period: 2 RS -5 — Low Density Single Family Residential North: P1 — Neighborhood Public South: RM -12 — Low Density Residential East: RS -5 — Low Density Residential West: P1- Neighborhood Public Southeast District Plan SE3 May 27, 2021 Multi -Family Single -Family 60 -day limitation period waived by owner BACKGROUND INFORMATION: The applicant, MMS Consultants, on behalf of Allen Homes, Inc. has submitted a final plat application for Community View — Part Two. The 11.57 -acre project site contains 40 single-family lots, located west Buckingham Lane, north of American Legion Road. On November 7, 2019, City Council approved an annexation (ANN19-01) and rezoning (REZ19- 09) of the subject property to Interim Development Single -Family Residential (ID -RS). Subsequent to the annexation and rezoning, the applicant submitted another rezoning application (REZ19-13) requesting that 10.64 acres be rezoned to Low Density Multi -Family Residential (RM -12), 22.51 acres of to Low Density Single -Family Residential (RS -5), and 2.14 acres to Neighborhood Public (P-1). City Council adopted a conditional zoning agreement of this property at their June 2, 2020 meeting containing the following conditions: 1. No building permit shall be issued for any portion of the subject property unless and until the property has been subdivided pursuant to Iowa City Code Chapter 14; and 2. Any final plat shall generally conform to the concept plan, dated 02/26/2020, particularly with regard to the extension of Eastbrook Street to the north -south street, and the development of single-family, townhouse, and stacked -flat multi -family housing; and 3. Final plat of the eastern portion of land shall include a drainage easement of a size and in a location to be determined in coordination with the City Engineer, which shall be dedicated to the City, in a form of agreement acceptable to the City Attorney; and 4. Any final plat shall include traffic calming measures such as traffic circles and narrower lane widths, and must be incorporated to the satisfaction of City staff to address concerns related to speed; and 5. Owner shall install the trail connections shown in the concept plan at such time as the public improvements are installed for any subdivision of the subject property and in accordance with any subdivider's agreement executed at the time a final plat is approved. On May 21, 2020, the Council approved the preliminary plat (SUB20-05) for the Community View subdivision, a subdivision with 1 public lot, 3 -multifamily lots, and 57 single-family lots. On September 1, 2020, City Council approved the final plat (SUB20-0001) for Community View — Part One. Part One contained 1 public lot, 3 multifamily lots, and 17 single-family lots and met 3 conditions 1-4 with condition 5 being met after the installation of improvements. On May 27, 2021, Staff received the final plat (SUB21-0007) for Community View— Part Two. Part two contains the remaining 40 single-family lots included in the preliminary plat (SUB20-05). ANALYSIS: The final plat of Community View — Part Two is in general compliance with the preliminary plat and subdivision regulations. Public Works approved the construction drawings with the approval of Community View — Part One. Installation of those improvements is near completion. Legal papers are currently being reviewed by the City Attorney's Office. It is anticipated that these documents will be approved prior to the October 19, 2021 Council meeting. Neighborhood Open Space: The City's Neighborhood Open Space Ordinance requires the dedication of 0.25 acres or a $14,186 fee in lieu thereof. The payment of fees is appropriate for this application. This requirement will be addressed in the legal papers. Environmentally Sensitive Areas: The subject property does not contain any environmentally sensitive features. The northern and western portions of the property are in the 100 and 500 -year flood plains. Storm Water Management: There is a storm water detention easement over the northwestern portion of the property. The final plat for Community View — Part One has this area identified as Outlot A. Through this subdivision, the applicant has proposed to decrease the size of this easement area, but maintain the volume necessary for the proposed development. Public Works has reviewed and approved the final design of the stormwater detention facility with the construction drawings included with Part One. This facility will also provide the stormwater detention needed for Part Two. Infrastructure Fees: Prior to the issuance of any building permit, the applicant will be required to pay $503.57 per acre for water main extension fees. The project site is not located in one of the City's sanitary sewer districts, and therefore, the City collects no sanitary sewer tap on fees. NFXT STFPS- Once the final plat and legal documents are approved and all improvements have been accepted by the City, the applicant can submit building permit applications. STAFF RECOMMENDATION: Staff recommends approval of SUB21-0007, the final plat of Community View — Part Two, 11.57 -acre, 40 -lot residential subdivision located west Buckingham Lane, and north of American Legion Road. ATTACHMENTS: 1. Final Plat Approved by: Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services LOCATION SUDDIVIDER PROMEESOR OR BANNER. SUBJECT 13' OF COMMUNITY VIEW - P� ONE. INSING A ALLEN DEVELOPMENT. LIC, ALLIESS DEVELOPMENT. LJO PORTION OF THE N��� QUARTER Do THE PROU BOX 3474 P 0 BOX M74 NOR1MWEST O�TER. A PC>RTICN OF THE �TH�T IOWA CULTO IOWA 6ANM4 ORMA CRITY, IOWA 522" QUARTER OF THE NM� QUARTER. A FICARTICAN OF CENTURGUNN Day— MEDIARCOM QUARTER. AND A FACHATICHI OF THE NORTHWEST � IS SING LANDSUFAVEYOR RICHARD R NO�Y BIBLE QUARTER OF THE N�� QUARTER, A-1. 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PURPO E NOTED - MEASURED DIMENSIONS CURVE UNLESS NOTED OTHER;:g AL DIMENSIONS FEET HNDREDI NEma on um Gatavo NOT l °amanyix mmmaam ay acres III IAO nmm amble aDae rem Mof ampartyany r Mm bMAo,anm m aJae ion of AG 41, OU 43 pa 45 a:=a;" TO THE APPROVED ENSIGN µoda S AND WO �IOT ON EWITH THE CITY E IOWA CGES' FOR THE GUIPARATION THAT HAS SEEN WT�LIS� Fel 15 AS FEET WOE UTILLITS' �EMEW OR wgdMgA am Ell houbc SOFT dwwvAmF ®t ENTRANTERED1 SECTION "I PART seal �T�Y8 15W FOUTWIDE RM DESCRIPTION - COMMUNITY VIEW - PART TWO I CERTIFY THAT DURING THE MONTH OF MAY, 2021 A SURVEY WAS MADE UNDER MY SUPERVISION OF OUTLOT "B" OF COMMUNITY VIEW - PART ONE, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 64 AT PAGE 109 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, BEING A PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER, A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, AND A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, ALL OF SECTION 18, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA. SAID OUTLOT "B" CONTAINS 11.57 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. I I ... by sai that this land surveying document was prepared and the related lumber ... A e or under my direct dlN�g91NIN4( RON ^enw, under the IJ.e of the state o1 m.o. a Prnrcaxlenm dans personal supari ane that am a say cense ILE AS CIA 2E ;i°I RICIWiO 1RICHARD R OMQTNY R PELS. low, HIS. 17916 Ie. � IWWOMY license renewal data " December 5.20— 1 Den $ "Al >SaiiF' A OWA GRAPHICWALE IENFEET Pages or sheets covered by this seal: r=100' Signed before in, this --- day of ----- 2E Notary PJhno. In and far the state of I..n. — — — M M CIVIL ENGINEERS LAND PLANNERS LANDSURVEYORS LANDSCAPE ARCHITECTS ENVIRONMENTAL SPECIALISTS V••m a (319H351-8282 x w .mms nsuMnts.net �21 PER TERN REVIEW-RLW SHOU2021 1 021 AVISETOTIBI a.RL.6 FINAL PLAT COMMUNITY VIEW PART TWO ONE BEuG A NWION OF THEW PMT NORTHFASTOUAm ROFTIE NORTHWEST QUARTER, A PoRTONCf THE 5OM1 TWARIER OF THE NORTHWEST osrRTERAPORMGNDF T QUARTER OF ME NORTHWEST QUARTER AMO A PORTION OF THE NORTXWFST QUARTER OF THE NOmnwesT QUARTER ALL OF SECTION TM nNiucpw T,O�HECRM MERIDIVAN OWA CITY JOHNSON COUNTY IOWA MMS CONSULTANTS, INC. 05-24-2021 Ree,am ONE RLA FIRGER Come ve 12411 actin �. a. cn.we Ng RRN s et w. aepaR ua, IOWA CItt 7596-105 aa. 1 F 2f. OocI0: 026295790026 Type. GEN Kind: Sl1at VI310N Recorded: 11/09/2021 at 09:30:42 Ari Fee Amt: $132.00 Page t of 26 Johnson County Iowa Kim Painter County Recorder BK6308 PG621-646 STATE OF IOWA ) ) SS JOHNSON COUNTY ) CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org I, Kellie K. Fruehling, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No. 21-268, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 19th day of October 2021, all as the same appears of record in my office. Also attached are the fmal legal documents for Community View – Part Two, Iowa City, Iowa. Dated at Iowa City, Iowa, this `— ' tiay of k1 ✓i I1 i Y 2021. 6Ke�lla K. Fruehling City Clerk fires subdivision Prepared by: Joshua Engelbrecht, Planning intern, 410 E. Washington St., Iowa City, IA 52240 (SUB21-0007) Resolution No. 21-268 Resolution Approving the Final Plat of Community View — Part Two, Iowa City, Iowa (SUB21-0007). Whereas, the owner, Allen Development, LLC, filed with the City Clerk the final plat of Community View — Part 2, an 11.57 -acre subdivision consisting of 40 residential lots located north of American Legion Road and west of Buckingham Lane in Iowa City, Iowa, Johnson County, Iowa; and Whereas, said subdivision in located on the following -described real estate in Iowa City, Johnson County, Iowa, to wit: Outlot "B" OF COMMUNITY VIEW — PART ONE, BEING A PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER, A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, AND A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, ALL OF SECTION 18, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA. Whereas, the Neighborhood and Development Services Department and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and Whereas, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and Whereas, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2021) and all other state and local requirements. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner. Resolution No. 21 -?fig Page 2 Passed and approved this 19th day of _ October 20 21 M Approved by Attest: zz C ty Clerk City Alto s 8fice (Sara Greerykood Hektoenl-10114/2021) It was moved by Taylor and seconded by adopted, and upon roll call there were: Ayes: Nays: Weiner the Resolution be Absent: Bergus Mims Salih Taylor Teague Thomas Weiner Item Number: 7.g. 1 CITY OF IOWA CITY in � at COUNCIL ACTION REPORT October 19, 2021 Resolution accepting the work for the Asphalt Resurfacing — US Hwy 1 (Burlington Street and Governor Street) 2018 Project. Prepared By: Scott Sovers, Assistant City 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: Work on the project was recently completed by LL Pelling Company of North Liberty, Iowa in substantial accordance with the plans and specifications prepared by the City of Iowa City. The Engineer's Report and Performance and Payment bonds are on file with the City Clerk. • Project Estimated Cost: $ 2,972,900.00 • Project Bid Received: $ 2,989,880.24 • Project Actual Cost: $ 2,792,817.05 There were nine (9) change orders on this project, which included storm and sanitary sewer repairs, traffic signal adjustments, asphalt pavement surface repairs to Dodge Street (Governor Street to Burlington Street), and the addition of bike boxes at the Governor Street/ Market Street and Dodge Street/Jefferson Street intersections. Background /Analysis: This was a joint Iowa Department of Transportation and City of Iowa City maintenance project that generally included asphalt resurfacing along Highway 1 in Iowa City, including Burlington Street, from Van Buren Street to Governor Street, and Governor Street, from Burlington Street to Dodge Street. ATTACHMENTS: Description Engineer's Report Resolution ENGINEER'S REPORT October 11, 2021 City Clerk Iowa City, Iowa I r CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 - 1826 (319) 356 - 5000 (319) 356 - 5009 FAX www.icgov.org Re: Asphalt Resurfacing 2018 — US Hwy 1 (Burlington Street and Governor Street) Project Dear City Clerk: I hereby certify that the construction of the Asphalt Resurfacing 2018 — US Hwy 1 (Burlington Street and Governor Street) Project has been completed by LL Pelling Company of North Liberty, Iowa in substantial accordance with the plans and specifications prepared by the City. The project was bid as a unit price contract and the final contract price is $ 2,792,817.05. There were nine (9) change or extra work orders for the project as described below: Change Order Description 1. Temporary barrier rail as needed to perform utility work adjacent to travel lanes. 2. Trenchless installation of sanitary sewer. Bid documents included traditional open cut installation. 3. Storm sewer intake repairs. 4. Storm sewer intake adjustments. 5. Traffic signal conduit and handhole replacements. 6. Bloomington Street storm sewer and water service repairs. 7. Governor Street sanitary sewer manhole adjustments. 8. Dodge Street asphalt pavement surface repairs. 9. Bike boxes at Governor Street/Market Street and Dodge Street/Jefferson Street intersections. TOTAL Net Contract Chanae $11,836.00 ($30,285.94) $6,220.00 $912.89 $9,776.80 $4,801.94 $16,160.23 $97,231.03 $14,703.00 $131,355.95 I recommend that the above -referenced improvements be accepted by the City of Iowa City, Sincerely, Jason Havel, P.E. City Engineer Prepared by: Scott Sovers, Assistant City Engineer, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 Resolution No. 21-269 Resolution accepting the work for the Asphalt Resurfacing — US Hwy 1 (Burlington Street and Governor Street) 2018 Project Whereas, the Engineering Division has recommended that the work for construction of the Asphalt Resurfacing— US Hwy 1 (Burlington Street and Governor Street) 2018 Project, as included in a contract between the City of Iowa City and LL Pelling Company of North Liberty, Iowa, dated May 25, 2018, 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 Annual Pavement Rehabilitation account # S3824; and Whereas, the final contract price is $2,792,817.05. 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 19th day of October , 2021 Miyd�Q r Approved by Attest. L 40tyerkCity Attor ey's Office (Sara Greenwood Hektoen — 10/13/2021) It was moved by 'Taylor and seconded by Weiner the Resolution be adopted, and upon roll call there were Ayes: x Nays: Absent: Bergus Mims Salih Taylor Teague Thomas Weiner Item Number: 7.h. AL CITY OF IOWA CITY =�c�- COUNCIL ACTION REPORT October 19, 2021 Resolution accepting the work for the Gilbert Court Sidewalk Infill Project. Prepared By: Marri VanDyke, 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 project has been completed by All American Concrete, Inc. of West Liberty, Iowa, in substantial accordance with the plans and specifications prepared by the City of Iowa City. The Engineer's Report and Performance and Payment bonds are on file with the City Clerk. • Project Estimated Cost: $ 87,000.00 • Project Bid Received: $ 70,390.00 • Project Actual Cost: $ 71,052.30 Background /Analysis: The City received several requests for sidewalk along Gilbert Court. This is a heavily -used pedestrian area, as many people are headed to the Crisis Center, Free Lunch, Crowded Closet, Salvation Army, MYEP and other social service agencies located on Gilbert Court. There is also a bus stop located near the intersection of Highland Avenue and Gilbert Court. The only properties along Gilbert Court in this area that did not have sidewalk were the properties on both sides of the street immediately north of Highland Avenue. This project installed sidewalk in those locations. ATTACHMENTS: Description Engineer's Report Resolution I r :rui A ^� eMIM rm a ®1 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 - 1826 ENGINEER'S REPORT (319) 356 - 5000 (319) 356 - 5009 FAX www.i.cgov.org October 12, 2021 City Clerk Iowa City, Iowa RE: Gilbert Court Sidewalk Infill Project Dear City Clerk: I hereby certify that the Gilbert Court Sidewalk Infill Project has been completed by All American Concrete, Inc., of West Liberty, Iowa, in substantial accordance with the plans and specifications prepared by the City of Iowa City. The project was bid as a unit price contract and the final contract price is $71,052.30. There were no change or extra work orders for the project. I recommend that the above -referenced improvements be accepted by the City of Iowa City, Sincerely, Jason Havel, P.E. City Engineer Prepared by: Marri VanDyke, Engineering Division, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 Resolution No. 21-270 Resolution accepting the work for the Gilbert Court Sidewalk Improvement Infill Project Whereas, the Engineering Division has recommended that the work for construction of the Gilbert Court Sidewalk Infill Improvement Project, as included in a contract between the City of Iowa City and All American Concrete, Inc. of West Liberty, Iowa, dated May 18, 2021, 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 Gilbert Court Sidewalk Infill Project account #S3957;and Whereas, the final contract price is $71,052.30. 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 19th day of October , 2021 Ma&r Attest:L4 I Cit Clerk Approved by Z/ City Attorn 's Office (Sara Greenwood Hektoen — 10/13/2021) It was moved by Taylor and seconded by Weiner adopted, and upon roll call there were: Ayes: x Nays: Absent: Bergus Mims Salih Taylor Teague Thomas Weiner the Resolution be Item Number: 8.e. AL CITY OF IOWA CITY =�c�- COUNCIL ACTION REPORT October 19, 2021 Resolution setting a public hearing on November 16, 2021 on project manual and estimate of cost for the construction of the Influent Rake and Screen Replacement 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: Tim Wilkey, Wastewater Superintendent Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $1,800,000 available in the Influent Rake and Screen Replacement account # V3153 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: This agenda item begins the bidding process for the construction of the Influent Rake and Screen Replacement Project. Background /Analysis: The influent pump station at the wastewater treatment facility has two rake and screen assemblies that catch large debris at the head of the treatment process. They have been in continual operation since being installed in the late 1990's and are nearing the end of their useful life. This equipment prevents blockages and excessive wear on downstream pumps and grinders and is critical for the operation of the treatment facility. One of the assemblies failed catastrophically in the fall of 2017 and again in 2018. Although it was repaired to be operational, staff is not confident in how long the repairs will last given the age of the equipment. Maintenance on both assemblies has been increased with the anticipation that either could fail again. Future repair costs are unknown but expected to be greater than previous repairs This project will replace both existing rake and screen assemblies, which are necessary to maintain the viability of the screening function and decrease annual maintenance costs. Operational efficiency improvements include adding washing presses and a conveyance system to a new screenings storage building addition; replacing influent channel slide plates with slide gates; and adding a new dewatering station and associated pavement for septic haulers that transport high grit (car wash) loads. Project Timeline: Set Public Hearing — October 19, 2021 Hold Public Hearing — November 16, 2021 Bid Letting — December 7, 2021 Award Date — December 14, 2021 Construction — Winter 2021 — Fall 2022 ATTACHMENTS: Description Resolution Prepared by: Ben Clark, PE, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319) 356-5436 Resolution No. 21-271 Resolution setting a public hearing on November 16, 2021 on project manual and estimate of cost for the construction of the Influent Rake and Screen Replacement 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 Influent Rake and Screen Replacement account # V3153. Now, therefore, be it resolved by the Council of the City of Iowa City, Iowa, that: 1. A public hearing on the project manual and estimate of cost for the construction of the above-mentioned project is to be held on the 161" day of November, 2021, at 6:00 p.m. in the Assembly Room at The Center, 28 S Linn Street, 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. If City Council does not meet in person due to the health and safety concerns from COVID-19, the council meeting will be an electronic meeting using the Zoom Meetings. 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 19th day of October 2021 M20 CLApproved by � Attest: L/ ity lerk City Attorn s Office (Sara Greenwood Hektoen —10/13/2021) Resolution No. 21-271 Page 2 It was moved by 'Taylor and seconded by Weiner the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: Bergus Mims Salih Taylor Teague Thomas Weiner