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HomeMy WebLinkAbout2023-03-21 Resolution Item Number: 5.c. CITY OF IOWA CITY COUNCIL ACTION REPORT March 21 , 2023 1. Resolution to issue Cigarette Permit to Mimi LLC, dba Up In Smoke Broadway, 1901 Broadway St. Prepared By: WM Attachments: Cigarette Permit Resolution.pdf Prepared by:City Clerk's Office,410 E.Washington Si,Iowa City,IA 52240(319)356-5043 Resolution Number: 2 3-6 9 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: Up In Smoke Broadway - 1901 Broadway St. Passed and approved this 9 i sr day of ,20 23 . UX Approved by Attest: fit.4 ity Clerk 'City A orney's Office It was moved by Taylor and seconded by Dunn the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: X Alter X Bergus X Dunn Harmsen X Taylor X Teague X Thomas Item Number: 6.a. CITY OF IOWA CITY COUNCIL ACTION REPORT March 21 , 2023 Resolution approving agreement by and between Two Tone, Inc. DBA Bluebird Diner and the City of Iowa City. Prepared By: Wendy Ford, Economic Development Coordinator Fiscal Impact: $22,046 in Emergency Levy funds Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Resolution Bluebird EE.grant.doc Bluebird Agreement signed.pdf Executive Summary: Two Tone Inc. DBA Bluebird Diner has applied for a grant for a project to renovate the HVAC system, remove and replace existing single pane PPG Lug sash windows with new Kawneer storefront windows, and replace all lighting with LED. The total project cost is $44,093.50 and the 50% matching grant request is $22,046.75. In the newly adopted Strategic Plan, one of Iowa City's key values focuses on Climate Action. This project aligns with the Strategic Plan Action to provide energy efficiency incentives, as described in the Buildings section of the Accelerating Iowa City's Climate Actions Report. This project will be funded by the Emergency Levy fund. Background /Analysis: The Bluebird Diner has been a Northside Marketplace favorite for many years since occupying what once was the Gilpin Paint retail store. The Bluebird Diner owners desire to improve the energy efficiency of the entire building and prolong the life of this now historic, 60 year old Gilpin Paint building. On August 6, 2019, the City Council declared a climate crisis for the City and accelerated the City's goals for carbon emission reduction to reach net-zero emissions by the year 2050. As a result of this declaration, the City Council accepted an action plan in their effort to accomplish this goal. The Emergency property tax levy is being utilized to enhance and support efforts to reduce carbon emissions city-wide and within City operations. The Emergency property tax levy is set at $.20 per $1 ,000 of valuation and is expected to generate over $850,000 in revenue to be utilized to help the City meet its climate action goals. Page 1 of 1 Fee, Doc ID: 032054150008 Type: GEN Kind: RESOLUTION Recorded: 03/27/2023 at 11:55:11 AM Fee Amt: $42.00 Paqe 1 of 8 Johnson County Iowa Kim Painter County Recorder BK6465 PG718-725 STATE OF IOWA ) ) SS JOHNSON COUNTY } 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. 23-70 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 21st day of March 2023, all as the same appears of record in my office. Dated at Iowa City, Iowa, this ��Y-h day of March 2023. ��4 -i L ---o e�� Kellie K. Fruehling City Clerk ' r . fires !!J s ' r�- 410 EAST WASHINGTON STREET. IOWA CITY, IOWA 52240-1826 • (319) 356-5000 9 FAX (319) 356-5009 Prepared by: Wendy Ford,410 E. Washington St., Iowa City, IA 52240(319)356-5248 Resolution number: 23-70 Resolution approving agreement by and among Two Tone, Inc. DBA Bluebird Diner and the City of Iowa City. Whereas, the City of Iowa City adopted a Climate Action Plan in 2018 and an Accelerating Iowa City's Climate Actions report in 2020, including incentives for businesses to reduce carbon emissions; and Whereas, Borrower, a commercial user in the Northside Marketplace, has applied for this assistance to fund improvements to its facility that are anticipated to reduce its carbon emissions; and Whereas, objectives in the plan are funded in part from the Emergency property tax levy. Now, therefore, be it resolved, by the City Council of the City of Iowa City, Iowa that: 1. That this Agreement by and among the City of Iowa City Iowa and Two Tone, Inc. DBA Bluebird Diner is in the public interest of the residents of Iowa City; and 2. That said Agreement is consistent with the Climate Action Plan goals; and 3. That the Mayor is authorized and directed to execute the Agreement in a form approved by the City Attorney, and the City Clerk is authorized and directed to attest the signature and to affix the seal of the City Clerk; and 4. That the Mayor and the City Clerk be and are hereby authorized and directed to take all such actions and do all such things as they shall determine to be necessary or appropriate to ensure the City's performance as provided therein; and 5. That the City Clerk be directed to certify and record the resolution at Two Tone, Inc.'s expense; and 6. That the City Manager is hereby authorized to administer the terms of the Agreement. Passed and approved this 21st day of March , 2023. -1- Resolution No. 23-70 Page 2 Attest: )4tAZ City Clerk Approved: itto7rney City — 03/10/2023 -2- Resolution No. 23-70 Page 3 It was moved by Taylor and seconded by Dunn the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent Abstain x Alter x Bergus x Dunn x Harmsen x Taylor x Teague x Thomas Energy Efficiency Forgivable Loan Agreement This Agreement is hereby made by and between Two Tone Inc. DBA Bluebird Diner (Borrower) whose physical address is 330 E. Market Street, Iowa City, Iowa 52245, and the City of Iowa City, Iowa, a municipal corporation whose address is 410 East Washington Street, Iowa City, Iowa ("City"). Whereas,'on August 6, 2019, the City Council declared a climate crisis for the City and accelerated the City's goals for carbon emission reduction to reach net-zero emissions by the year 2050. As a result of this declaration, the City Council has accepted an action plan in their effort to accomplish this goal. The Emergency property tax levy is being utilized to enhance and support efforts to reduce carbon emissions city-wide and within City operations. The EmergencY property tax levy is set at $.20 per $1,000 of valuation this year and is expected to generate over$850,000 in revenue to be utilized to help the City meet its climate action goals; and Whereas, Borrower, a commercial user within the North Marketplace Commercial district, has applied for this assistance to fund improvements to its facilities that are anticipated to reduce its carbon emissions; and Whereas, Borrower, has applied for this assistance to fund improvements to its facilities that are anticipated to reduce its carbon emissions. Now, therefore, for the consideration described herein, the parties agree as follows: 1. Project: The Project involves renovating the heating, ventilation, and air conditioning (HVAC) system, diner windows, and the lighting system throughout the restaurant. The HVAC project will remove and replace the existing duct work in the dining area, replacing the registers and grills, and relocating the thermostat away from a heat source to improve energy efficiency. This part of the project is projected to improve energy efficiency 12%. The window project will remove the existing single pane PPG Lug sash windows and replace them with a new Kawneer storefront. The lighting system project will update the electrical wiring in the ceiling. remove old fixtures and replace with new LED lighting in the original fixtures throughout the restaurant. The Project will be completed byf-etrusry-28, 20237 flc-A 2. Legal description: Iowa City (Original Town) East 40.3', Lot 8, Block 58, according to the assessors website. 3. Economic Development Grant: In the event Borrower timely completes the Project described above and provides the City with evidence of invoices paid to contractors for eligible Project Construction Costs in amounts that are equal to or exceed $44,093.50, then the City shall grant Borrower $22,046.75, subject to the terms and conditions of this agreement. In no event shall the City's contribution toward this Project exceed 50% of the total Project cost ("Principal Amount"). Should the Project cost be less than the projected $44,093.50, the Citys contribution will be limited to 50% of the actual Project Construction Costs. Project Construction Costs are defined as the cost for the equipment and installation of the equipment as detailed in the attached Bill of Material. 4 Source of Grant Funds Limited: Funds for this Economic Development Grant shall come from the Emergency Levy. 5 Maintenance, Operation and Reporting: Borrower agrees to construct, maintain, and operate the Project in excellent working condition in a manner consistent with the energy efficiencies described above for a period of three years. Borrower must submit to the City three (3) annual reports detailing the monthly energy usage and energy costs incurred for the above-described property compared to the monthly energy usage and energy costs incurred in the year before the Project was constructed. This comparison is material to the city's determination of whether the Project is being maintained and operated in accordance with this agreement. These reports shall be due annually on haettst 1— maul 30 6. Repayment Term: Borrower shall not be obligated to make payments toward the Principal Amount so long as Borrower satisfies the obligations described in Paragraphs 1 and 5 above. 7. Interest: No interest shall accrue on the Principal Amount during the term of this loan. 8. Release: The City shall forgive this Matching Grant on or about t ( 3d vl>3 h 1,,2026, upon a determination made in its sole discretion that Borrower has satisfied the terms of this Agreement and issue a release to be recorded in the Johnson County Recorder's office at Borrower's expense. 9. Default and Remedy: If Borrower does not timely complete, maintain and operate the improvements as required herein, for three years from the completion of the Project, the Principal Amount shall be immediately due and payable 60 days after the City mails written notice to Borrower to cure the default at the address listed above and Borrower's failure to cure said default. The City reserves the right to pursue any other remedy available to it at law or equity to collect the amount then due. 10. Representations and Warranties: Borrower represents and warrants: (a) It is a company duly organized and validly existing under the laws of the State of Iowa and registered to do business in the State of Iowa and have all requisite power and au:nority to develop and construct the Project, to carry on their businesses as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under this Agreement; (b) This Agreement has been duly and validly authorized, executed and delivered by the Borrower and, assuming due authorization, execution and delivery by the City, is in full force and effect and is a valid and legally binding instrument of Borrower enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally; (c) Neither Borrower nor any person or entity with an ownership interest of more than 25% of Borrower have been adjudicated guilty or liable in any judicial or administrative proceeding of committing a repeated or willful violation of the Iowa Wage Payment Collection law, the Iowa Minimum Wage Act, the Federal Fair Labor Standards Act or any comparable state statute or local ordinance, which governs the payment of wages in the last 5 years. 11. Contractor Labor Law Compliance: Borrower acknowledges that the City of Iowa City will not contract with nor provide any economic development incentives to any person or entity who has participated ;�, wage theft by violation of the Iowa Wage Payment Collection law, the Iowa Minimum Wage Act, the Federal Fair Labor Standards Act (FLSA) or any comparable state statute or local ordinance, which governs the payment of wages. Misclassificat:on of employees as independent contractors is a violation of the FLSA and is included in the definition of wage theft. Borrower agrees that it will require, in any construction contract for the Project the following written provisions, proof of which must be provided to City prior to the start of construction: a) Agreement by the General Contractor to comply with all state, federal and local laws and regulations, including, but not limited to the requirements of Iowa Code Chapter 91C (Contractor Registration with the Iowa Division of Labor), Iowa Code Chapter 91A (Iowa Wage Payment Collection Law), Iowa Code Chapter 91 D (Minimum Wage), the Federal Fair Labor Standards Act, and the Internal Revenue Code; b) Agreement by the General Contractor to provide to the Borrower and the City no later than the filing of an application for issuance of a building permit, the names and addresses of each subcontractor and the dollar value of the work the subcontractor is expected to perform; c) Demonstration by the General Contractor that it has the capacity to meet all performance, and labor and material payment, bonding requirements relative to the Project. d) Providing to the City a certificate by the General Contractor's insurer that it has in force all insurance coverage required with respect to construction of the Project, including $1,000,000 Commercial General Liability Insurance and Worker's Compensation Insurance as required by Chapter 85, Code of Iowa. e) Demonstration by the General Contractor that it has required all subcontractors to agree, in writing, that the subcontractor will comply with all state, federal and local laws and administrative rules and regulations, including, but not limited to the requirements of Iowa Code Chapter 91C (Contractor Registration with the Iowa Division of Labor), Iowa Code Chapter 91A (Iowa Wage Payment Collection Law), Iowa Code Chapter 91D (Minimum Wage), the Federal Fair Labor Standards Act, and the Internal Revenue Code. 12. Indemnification: Borrower releases the City and the governing body members, officers, agents, servants and employees thereof(hereinafter, "Indemnified Parties") from, covenant and agree that the Indemnified Parties shall not be liable for, and agree to indemnify, defend and hold harmless the Indemnified Parties against, any loss or damage to property or any injury,to or death of any person occurring at or about, or resulting from any defect in, the Project or Borrower's property described in above. 13_ Covenant: This Agreement shall constitute a covenant running with the land and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Agreed to on this 21 stziay of March_ _, 2023. Borrower Cit one Aasen BA Teague, Mayor r'.vo Tone Inc. f)BA Bluebird Diner • KeHie Fruehling, City Clerk Approved by �t I City Attorney Office CITY ACKNOWLEDGMENT STATE OF IOWA SS: JOHNSON COUNTY On this 21stday of March 2023, before me,the undersigned, a Notary Public in for the State of Iowa, personally appeared Bruce Teague as Mayor, and Kellie Fruehling as City Clerk, of the City of Iowa City, Iowa. 261.1( z/c TAMARA NEUMANN .• Commission 838058 Notary Public In and for the State of Iowa * per► * MY COMMISSION EXPIRES My commission expires: C_)- ) t_ MARCH 14,2025 ii�� BORROWER ACKNOWLEDGEMENT STATE OF 1 A l )SS COUNTY OF Th s nstrument was acknowledged before me on this !U day of, k 2023 b 11 Se-r, .as 0tun - of Two Tone Inc. DBA Bluebird Diner ZACHARY KENYON a Commission Number a37036 nE s ia_sl My t/UZ ary P Ifc cww Item Number: 6.b. CITY OF IOWA CITY COUNCIL ACTION REPORT March 21 , 2023 Resolution approving agreement by and between Neumann Monson Architects and the City of Iowa City. Prepared By: Wendy Ford, Economic Development Coordinator Reviewed By: Redmond Jones II, Deputy City Manager Fiscal Impact: $100,000 in tax increment financing Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Resolution Agreement Executive Summary: Neumann Monson Architects has applied for an energy efficiency improvement grant for a project to update their office space. They will replace mechanical and electrical systems and lighting in their downtown Iowa City offices in Plaza Towers. The entire project cost is more than $1 .3 million. Eligible grant project costs are $309,000 which may be matched with the maximum grant in our program of $100,000. This project will be funded by the TIF increment in the City-University Project 1 urban renewal area. Background /Analysis: Neumann Monson will replace the mechanical and electrical systems and reduce energy consumption and their carbon footprint. These reductions will be verified and measured by two third-party organizations after construction. Mechanical changes entail replacing inefficient gas-fired equipment with efficient electrically powered equipment. Currently, a gas- fired boiler and a cooling tower deliver hot and cold water to heat pumps, which heat and cool their space. This system is energy inefficient and emits greenhouse gases into the atmosphere, causing climate change. A new electrically powered Variable Refrigerant Flow (VRF) system will deliver hot and cold refrigerant to terminal units, which will heat and cool their space. This system will reduce their energy consumption and prepare their studio and Iowa City for net-zero energy use. Lighting system changes will further reduce their energy consumption. Existing lighting fixtures with halogen and fluorescent lamps will be replaced with LED light fixtures. With the combined mechanical and electrical replacements their studio will use 51% less energy per square foot than the average office in the United States. Two third-party organizations will verify the installation of the equipment and measure their reduction of energy. MidAmerican Energy will perform a post-construction inspection to verify that new equipment and systems were installed. Additionally, the International Living Future Institute will verify the energy. The Project will be completed by December 31 , 2023. On August 6, 2019, the City Council declared a climate crisis for the City and accelerated the City's goals for carbon emission reduction to reach net-zero emissions by the year 2050. As a result of this declaration, the City Council accepted an action plan in their effort to accomplish this goal. On October 6, 2020, City Council passed Amendment #16 to the City-University Project 1 (Downtown) Urban Renewal Area creating energy efficiency incentives for business located within the urban renewal area (resolution 20-239). The goal of the program is to provide incentives to commercial users to improve energy efficiency, reduce carbon emissions required to power buildings and to help the City achieve a 45% reduction in carbon emissions by 2030. dee Doc ID: 032054140008 Type: GEN Kind: RESOLUTION Recorded: 03/27/2023 at 11:50:54 AM Fee Amt: $42.00 Paqe 1 of 8 Johnson County Iowa Kim Painter County Recorder BK6465 PG710-717 STATE OF IOWA ) ) SS JOHNSON COUNTY ) 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. 23-71 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 21st day of March 2023, all as the same appears of record in my office. Dated at Iowa City, Iowa, this :10" day of March 2023. Kellie . Fruehling City Clerk fires 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 9 FAX (319) 356-5009 Prepared by: Wendy Ford,410 E. Washington St., Iowa City, IA 52240 (319)356-5248 Resolution No. 23-71 Resolution approving agreement between Neumann Monson Architects and the City of Iowa City. Whereas, the City has adopted an urban renewal plan (the "Urban Renewal Plan") that contemplates the use of tax increment financing to assist commercial users located in the urban renewal area in efforts to reduce their carbon emissions; and Whereas, the Urban Renewal Plan is described in Amendment No. 16 to the City- University Urban Renewal Plan, passed and approved by the City Council of the City of Iowa City, Iowa, pursuant to Resolution 20-239, on October 6, 2020; and Whereas, Neumann Monson Architects, a commercial user within the City-University Urban Renewal Area, has applied for this assistance to fund improvements to its facility that are anticipated to reduce its carbon emissions; and Whereas, it is a public purpose for the City to expend funds pursuant to the attached Energy Efficiency Forgivable Loan Agreement ("Agreement"). Now, therefore, be it resolved, by the City Council of the City of Iowa City: 1. The attached Agreement by and between the City of Iowa City Iowa and Neumann Monson Architects is in the public interest of the residents of Iowa City. 2. The Agreement is consistent with and authorized by the Urban Renewal Plan and all applicable State and federal laws including, but not limited to, Iowa Code Chapters 15A and 403. 3. The Mayor is authorized and directed to execute the Agreement in a form approved by the City attorney, and the City Clerk is authorized and directed to attest the signature and to affix the seal of the City Clerk. 4. The Mayor and the City Clerk be and are hereby authorized and directed to take all such actions and do all such things as they shall determine to be necessary or appropriate to ensure the City's performance as provided therein. 5. The City Manager is hereby authorized to administer the terms of the Agreement. Passed and approved this 21st day of March , 2023. Ma r -1- Resolution No. 23-/1 Page 2 Attest: )1)+LAIC City blerk 'Approved: / City Att ney (Sue Dulek —03/15/2023) -2- Resolution No. 23-71 Page 3 It was moved by Taylor and seconded by Dunn the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent Abstain X Alter x Bergus x Dunn x Harmsen x Taylor x Teague x Thomas Energy Efficiency Forgivable Loan Agreement This Agreement is hereby made by and between Neumann Monson Architects. (Borrower) whose physical address is 221 E. College Street, Suite 303 Iowa City, Iowa 52245, and the City of Iowa City, Iowa, a municipal corporation whose address is 410 East Washington Street, Iowa City, Iowa ("City"). Whereas, the City of Iowa City has adopted an urban renewal plan that contemplates the use of tax increment financing to assist commercial users located in the urban renewal area in efforts to reduce their carbon emissions; and Whereas, said plan is described in Amendment No. 16 to the City-University Project 1 Urban Renewal Plan, passed and approved by the City Council of the City of Iowa City, Iowa, pursuant to Resolution 20-239, on October 6, 2020, and Whereas, Borrower, a commercial user within the Urban Renewal Area, has applied for this assistance to fund improvements to its facilities that are anticipated to reduce its carbon emissions; Now, therefore, for the consideration described herein, the parties agree as follows: 1. Project: Neumann Monson will replace the mechanical and electrical systems and reduce energy consumption and their carbon footprint. These reductions will be verified and measured by two third-party organizations after construction. Mechanical changes entail replacing inefficient gas-fired equipment with efficient electrically powered equipment. Currently, a gas-fired boiler and a cooling tower deliver hot and cold water to heat pumps, which heat and cool their space. This system is energy inefficient and emits greenhouse gases into the atmosphere, causing climate change. A new electrically powered Variable Refrigerant Flow (VRF) system will deliver hot and cold refrigerant to terminal units, which will heat and cool their space. This system will reduce their energy consumption and prepare their studio and Iowa City for net-zero energy use. Lighting system changes will further reduce their energy consumption. Existing lighting fixtures with halogen and fluorescent lamps will be replaced with LED light fixtures. With the combined mechanical and electrical replacements their studio will use 51% less energy per square foot than the average office in the United States. Two third-party organizations will verify the installation of the equipment and measure their reduction of energy. MidAmerican Energy will perform a post-construction inspection to verify that new equipment and systems were installed. Additionally, the International Living Future Institute will verify the energy. The Project will be completed by December 31, 2023. 2. Legal description: Unit 302-305, Plaza Towers Condominium, Iowa City, Iowa, according to the Declaration thereof recorded in Book 3839, Page 56, records of the Johnson County Recorder. 3. Economic Development Grant: In the event Borrower timely completes the Project described above and provides the City with evidence of invoices paid to contractors for Project Construction Costs in amounts that are equal to or exceed $309,600, then the City shall grant Borrower $100,000, subject to the terms and conditions of this agreement. In no event shall the City's contribution toward this Project exceed 50% of the total Project cost ("Principal Amount"). Should the Project cost be less than the projected $309,600, the City's contribution will be limited to 50% of the actual Project Construction Costs, not to exceed $100,000. Project Construction Costs are defined as the cost for the equipment and installation of the equipment as detailed in the attached Bill of Material. 4. Source of Grant Funds Limited: Funds for this Economic Development Grant shall come from the City-University Project 1 Urban Renewal Tax Increment Fund. 5. Maintenance, Operation and Reporting: Borrower agrees to construct, maintain, and operate the Project in excellent working condition in a manner consistent with the energy efficiencies described above for a period of three years. Borrower must submit to the City three (3) annual reports detailing the monthly energy usage and energy costs incurred for the above-described property compared to the monthly energy usage and energy costs incurred in the year before the Project was constructed. This comparison is material to the City's determination of whether the Project is being maintained and operated in accordance with this agreement. These reports shall be due annually on December 31. 6. Repayment Term: Borrower shall not be obligated to make payments toward the Principal Amount so long as Borrower satisfies the obligations described in Paragraphs 1 and 5 above. 7. Interest: No interest shall accrue on the Principal Amount during the term of this loan. 8. Release: The City shall forgive this Matching Grant on or about December 31, 2026, upon a determination made in its sole discretion that Borrower has satisfied the terms of this Agreement and issue a release to be recorded in the Johnson County Recorder's office at Borrower's expense. 9. Default and Remedy: If Borrower does not timely complete, maintain and operate the improvements as required herein, for three years from the completion of the Project, the Principal Amount shall be immediately due and payable 60 days after the City mails written notice to Borrower to cure the default at the address listed above and Borrower's failure to cure said default. The City reserves the right to pursue any other remedy available to it at law or equity to collect the amount then due. 10. Representations and Warranties: Borrower represents and warrants: (a) It is a company duly organized and validly existing under the laws of the State of Iowa and registered to do business in the State of Iowa and have all requisite power and authority to develop and construct the Project, to carry on their businesses as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under this Agreement; (b) This Agreement has been duly and validly authorized, executed and delivered by the Borrower and, assuming due authorization, execution and delivery by the City, is in full force and effect and is a valid and legally binding instrument of Borrower enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally; (c) Neither Borrower nor any person or entity with an ownership interest of more than 25% of Borrower have been adjudicated guilty or liable in any judicial or administrative proceeding of committing a repeated or willful violation of the Iowa Wage Payment Collection law, the Iowa Minimum Wage Act, the Federal Fair Labor Standards Act or any comparable state statute or local ordinance, which governs the payment of wages in the last 5 years. 10. Contractor Labor Law Compliance: Borrower acknowledges that the City of Iowa City will not contract with nor provide any economic development incentives to any person or entity who has participated in wage theft by violation of the Iowa Wage Payment Collection law, the Iowa Minimum Wage Act, the Federal Fair Labor Standards Act (FLSA) or any comparable state statute or local ordinance, which governs the payment of wages. Misclassification of employees as independent contractors is a violation of the FLSA and is included in the definition of wage theft. Borrower agrees that it will require, in any construction contract for the Project the following written provisions, proof of which must be provided to City prior to the start of construction: a) Agreement by the General Contractor to comply with all state, federal and local laws and regulations, including, but not limited to the requirements of Iowa Code Chapter 91C (Contractor Registration with the Iowa Division of Labor), Iowa Code Chapter 91A (Iowa Wage Payment Collection Law), Iowa Code Chapter 91 D (Minimum Wage), the Federal Fair Labor Standards Act, and the Internal Revenue Code; b) Agreement by the General Contractor to provide to the Borrower and the City no later than the filing of an application for issuance of a building permit, the names and addresses of each subcontractor and the dollar value of the work the subcontractor is expected to perform; c) Demonstration by the General Contractor that it has the capacity to meet all performance, and labor and material payment, bonding requirements relative to the Project. d) Providing to the City a certificate by the General Contractor's insurer that it has in force all insurance coverage required with respect to construction of the Project, including $1,000,000 Commercial General Liability Insurance and Worker's Compensation Insurance as required by Chapter 85, Code of Iowa. e) Demonstration by the General Contractor that it has required all subcontractors to agree, in writing, that the subcontractor will comply with all state, federal and local laws and administrative rules and regulations, including, but not limited to the requirements of Iowa Code Chapter 91C (Contractor Registration with the Iowa Division of Labor), Iowa Code Chapter 91A (Iowa Wage Payment Collection Law), Iowa Code Chapter 91D (Minimum Wage), the Federal Fair Labor Standards Act, and the Internal Revenue Code. 11. Indemnification: Borrower releases the City and the governing body members, officers, agents, servants and employees thereof(hereinafter, "Indemnified Parties") from, covenant and agree that the Indemnified Parties shall not be liable for, and agree to indemnify, defend and hold harmless the Indemnified Parties against, any loss or damage to property or any injury to or death of any person occurring at or about, or resulting from any defect in, the Project or Borrower's property described in above. 12. Covenant: This Agreement shall constitute a covenant running with the land and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Agre t day of HAF,64 , 2023. B owe City: By: Tim Schroeder, Principal Teague, Mayor Neumann Monson Attest: t i Kellie Fruehling, City Clerk Approved by: City Attorney Office CITY ACKNOWLEDGMENT STATE OF IOWA }SS: JOHNSON COUNTY } On this 2lstday of March , 2023, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appearedBruce Teague , as Mayor, and Kellie Freehling as City Clerk, of the City of Iowa City, Iowa. monoval.�. TAMARA NEUMANN Corny slon Number 838058 Notary Public in and for the State of Iowa * * MY COMMISSION EXPIRES ��� MARCH 14,2025 I My commission expires: 03/14/2025 BORROWER ACKNOWLEDGEMENT STATE OF ICING L )SS COUNTY OF ell,_ O h } This instrument was Rcknowledged before me on this 14in day of .4h , 2023, by Ven«' kryt as _ of Neumann Monson. DeDefile A.Schmitz Commission? �aacoNumber816680 Notary Public ' ' m ebo Expires Item Number: 6.c. CITY OF IOWA CITY COUNCIL ACTION REPORT March 21 , 2023 Resolution amending the budgeted positions in the Neighborhood Services Division of the Neighborhood and Development Services Department and the AFSCME pay plan by adding one full-time Public Housing Technician position, grade 12. Prepared By: Rachel Carter, Housing Administrator Reviewed By: Tracy Hightshoe, Neighborhood and Development Services Director Erika Kubly, Neighborhood Services Coordinator Fiscal Impact: The annual cost of the position including salary and benefits is expected to be $104,403. The Housing Authority Enterprise Fund and Special Revenue Funds would cover the increased staffing costs. Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Resolution Executive Summary: The City owns and manages 86 scattered site Public Housing units and 21 affordable units. The requirements to maintain the units, meet HUD compliance standards for the public housing program, and provide the necessary property management have been challenging based on existing staff capacity. Neighborhood Services is requesting one permanent full- time Public Housing Technician position, AFSME Grade 12, to focus on the maintenance and occupancy of the Public Housing units and assist with the additional affordable housing units managed by the City. Background /Analysis: The Public Housing Program through the Department of Housing and Urban Development (HUD) provides annual funding for public housing authorities to operate subsidized rental units and improve those units through capital funds, as allocated under the Public Housing 5- Year Plan. The City owns and the Housing Authority manages a total of 107 housing units, including 86 Public Housing units. The Housing Authority relies on one full time Public Housing Coordinator, utilizes an outside vendor to provide simple maintenance and address after hours maintenance calls, and has recently hired a part time student intern to assist with various duties. The dedicated full time Public Housing Coordinator is responsible for managing all properties, performing tenant rent subsidy and income calculations, leasing, completing all procurement and supervision of capital improvement contracts, and meeting HUD's regulatory requirements. The number of affordable units, which are not Public Housing units, maintained by this position has grown by 21 units since 2005 with no changes in dedicated personnel. Before these acquisitions, it was difficult for one Public Housing staff member to meet HUD's compliance requirements, maintain the properties, manage tenants, and improve units eligible for capital improvements. The homes continue to age and need various improvements making it more challenging for one full-time position to complete all necessary program duties. HUD monitors the occupancy rate of Public Housing units to ensure allocated funds are used appropriately and expects occupancy to be above 96% annually. When occupancy rates fall below 90%, Public Housing programs are considered substandard performers, and additional monitoring and reporting is required. The City's Public Housing program was recently given the substandard designation at the last monitoring meeting due to an 88% occupancy rate. Staff recently completed a survey of other Housing Authorities in Iowa with public housing units. The results show that typically one FTE is present for every 30 to 40 units to keep units occupied and appropriately maintained. The City currently has one FTE for 86 public housing units as well as an additional 21 City owned units. Based on invoices from the previous month, the maintenance vendor bills about 20 hours per week or 0.5 FTE for our City owned housing. If you include their time, it is still not sufficient to effectively maintain and lease 107 units. Review of Public Housing Staffing Levels in Housing Authorities in Iowa Housing Authority # of PH Units # of Staff Fort Madison 134 3.5 Central Iowa 132 4 Southern Iowa Regional 125 3 North Iowa Regional 121 4 Centerville 100 3.5 Iowa City 86 1 Area XV 84 3.5 Shenandoah 79 4 Clarinda 74 2.75 Chariton 72 2.5 Sioux Center 71 4 An additional FTE is necessary to decrease the length of time units are vacant between tenants due to necessary repairs. This will also help to maintain our units long term by completing capital improvements such as new roofs, new HVAC, bathroom and kitchen updates, driveway replacements, and other significant upgrades. The focus of the position is procurement and rehabilitation, but the position will also help us place clients on the waiting list into a unit faster and decrease our response time to maintenance and ongoing rehabilitation needs. The Public Housing Technician position will coordinate maintenance, rehabilitation, and assist with leasing of City owed units. Staff reviewed the cost allocation for Housing Authority staff. It will be revised to reflect actual work in each program. The Housing Choice Voucher Program (HCVP) has acquired over 200 specialty vouchers in the last several years, which has necessitated additional staff time and provided additional administrative funding for staffing. Revising the cost allocation plan to reflect actual work completed provides additional funding for public housing operations. The annual budget increase for this staffing change is expected to be $104,403. The position would be funded and maintained through the Housing Authority Enterprise Fund through a revised cost allocation of Housing Authority staff, federal public housing operating funds, and rents generated from the non-Public Housing units. Prepared by Rachel Carter, Housing Administrator,410 E.Washington Street, Iowa City, IA 52240 Resolution No. 23-72 Resolution amending the budgeted positions in the Neighborhood Services Division of the Neighborhood and Development Services Department and the AFSCME pay plan by adding one full-time Public Housing Technician position, grade 12. Whereas, Resolution No. 22-76, adopted by the City Council on March 22, 2022 authorized budgeted positions in the Neighborhood and Development Services Department for Fiscal Year 2023; and Whereas, Resolution No. 21-111, adopted by the City Council on May 4, 2021 established a classification and compensation plan for AFSCME employees; and Whereas, the Department of Housing and Urban Development (HUD) provides funding for Public Housing Programs to operate subsidized rental units; and Whereas, the City owns and the Housing Authority manages a total of 107 affordable housing units including 86 scattered site public housing units; and Whereas, the creation of an additional staff position is needed to ensure ongoing maintenance needs and occupancy are met; and Whereas, operating funds provided by HUD for the Public Housing units and rents generated from the additional affordable units are available to cover the increased cost of an additional position. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The budgeted positions in the Neighborhood Services Division of the Neighborhood and Development Services Department be amended by adding one full-time Public Housing Technician position, grade 12. 2. The AFSCME pay plan be amended by adding the position of Public Housing Technician to grade 12. Passed and approved this 21stday of March 2023. Q.D— Ma c) / .. Approved Attest: 1 1'� ,._c k/V.. ... I City Clerk ( City Attorney' Office (Sue Dulek— 03/16/2023) Resolution No. 23-72 Page 2 It was moved by Taylor and seconded by Dunn the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: X Alter X Bergus X Dunn X Harmsen x Taylor x Teague X Thomas Item Number: 6.d. -� I, CITY OF IOWA CITY �wq tCOUNCIL ACTIO EPORT March 21, 2023 Resolution award contract and authorizing the Mayor to n and the City Clerk to attest a contract for constru ion of the 2023 Park Renovations Profect. Prepared By: Marri VanDyke, Civ' Engineer Reviewed By: Juli Seydell John on, Parks & Recreation Director Jason Havel, ' Engineer Ron Knoche, ublic Works Director Geoff Fruin City Manager Fiscal Impact: $828,288 vailable in the Kiwanis, Hunter's Run, Happy allow, nd Hickory Hill Park accounts, account numbers R 5 , R4375, R4371, and R4365 respectively Staff Recommendation: App val Commission Recommendations: N Attachments: Resolution Executive Summary: The 2023 Park Renovati s Project in\'bility ayground, shelter, and restroom replacements, as well as idewalk and acimprovements located at Kiwanis, Hunter's Run Happy Hollo ,and Hickory Hill Project Manual was approved at the February 21, 2023 Cou it Meeting, and the estimated cost of construction was $865,000, which includ the cost of the base ernate #1. Three (3) bids wereXubmitted prior to the March 15, 2023 dpadline: idder Name .11 American :oncrete ricon GenefE City Base Bid West Liberty, IA .$338,288 Cedar Rapids, IA $394,000 McCo s-Lacina Iowa City Constp6ction Enoeer's Esfimate Non -Responsive 111 #1 I'Total $490,00 $828,288 111 $812,000 65,000 In accordance with City policy, the low bidder is determined by the base bid a fount without alternates. Public Works and Engineering recommend awarding the project to N11 American Concrete of West Liberty, Iowa in the amount of $828,288, which includes the b e bid and Alternate #1. Backgrod /Analysis: Kiwanis, Hu er's Run, Happy Hollow, and Hickory Hill parks are all prior zed in the 2017 Park Master n due to the age and condition of their current stru ures. This project includes playgro d replacement at Kiwanis Park, playground replac ent at Hunter's Run Park, demolition o he current playground and preparations for ity Staff to install new playground equipmen utside of this project at Happy Hollow Par , and restroom and shelter replacement at the Co lin Lane entrance of Hickory Hill P rk. Playground and shelter selections were based on rious public meetings and survey . Project Timeline: Construction — April to October2 23 � r 1 R", -'► wr���� City Council Supplemental Meeting Packet CITY OF IOWA CITY March 20, 2023 Information submitted between distribution of packet on Thursday and 4:00pm on Monday. Late Handout(s): Item 6.d 2023 Park Renovations - See revised item and comment, Council Ad report, and resolution. Item 7.a Rezoning - JJR Davis Second Addition and JJR Davis Fourth Addition - See correspondence from Jane Driscoll. March 20, 2023 City of Iowa City Prepared by: Marri VanDyke, Engineering Division, 410 E. Washington St, Iowa City, IA 52240 (319)356-5044 Resolution No. Resolution awarding contract and authorizing the Mayor to ,ign and the City Clerk to attest a contract for construction f the 0 3 Park Renovations Project. Whereas, All erican Concrete of West Liberty, Iowa has submitted th lowest responsive, responsible bid o $828,288 for construction of the above-named project; alid Whereas, the bid includes the base bid and Alternate #1; and Whereas, funds for thi project are available in the Kiwanis, Hun is Run, Happy Hollow, and Hickory Hill Park account account numbers R4359, R4375, R437 ,and R4365. Now, therefore, be it resol\progra City Council of the City of I wa City, Iowa, that: 1. The contract for uction of the above -n ed project for the base bid plus Alternate #1 is heded to All American oncrete, subject to the condition that awardee secure aerformance and pa nt bond, insurance certificates, and contract compliancstatements. 2. The Mayor is hereby authorize to sign the ontract for construction of the above-named project and the Contractor's BoN, subject o the condition that awardee secure adequate performance and payment bond, 1suran a certificates, and contract compliance program statements. 3. The City Engineer and City Manag to the City's Purchasing Policy a h+ above-named project. Passed and approved this day of Attest: City Clerk It was moved adopted, and n roll call there were: Ayes: authorized to execute change orders according iy become necessary in the construction of the Mayor and seconded by Nays: 2023 roved by City I4torney's Office Absent: Alter Be rg us Dunn Harmsen Taylor Teague Thomas the Resolution be Prepared by:Marri VanDyke,Engineering Division,410 E.Washington St.,Iowa City,IA 52240(319)356-5044 Resolution No. 23-73 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the 2023 Park Renovations Project. Whereas, All American Construction, Inc. of West Liberty, Iowa has submitted the lowest responsive, responsible bid of$338,288 for construction of the above-named project; and Whereas, funds for this project are available in the Kiwanis, Hunter's Run, and Happy Hollow Park account#'s R4359, R4375, and R4371. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The contract for the construction of the above-named project is hereby awarded to All American Construction, Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign the contract for construction of the above-named project and the Contractor's Bond, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 3. The City Engineer and City Manager are authorized to execute change orders according to the City's Purchasing Policy as they may become necessary in the construction of the above-named project. Passed and approved this 21st day of March , 2023 May r Approved by Attest: 6-4)k-A, City Clerk J City Attorney Office—03/20/2023 It was moved by Taylor and seconded by Dunn the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Alter x Bergus Dunn x Harmsen x Taylor x Teague x Thomas Item Number: 6.e. CITY OF IOWA CITY COUNCIL ACTION REPORT March 21 , 2023 Resolution accepting use of Iowa Code Section 453A.22(3) affirmative defense to tobacco civil penalty by Deli Mart #3. Prepared By: Rebecca Passavant, City Attorney's Office Administrative Secretary Reviewed By: Redmond Jones, Deputy City Manager Fiscal Impact: No impact Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Resolution.pdf Executive Summary: This Resolution accepts the use of the affirmative defense described in Iowa Code Section 453A.22(3) from Deli Mart #3. The affirmative defense is allowed when the employee that was selling or providing tobacco to a minor has a valid certificate of completion from the tobacco compliance employee training program. The retailer is only allowed to assert the affirmative defense once in a four-year period. When the affirmative defense is asserted, the retailer is not assessed the civil penalty and the violation is not counted if there are subsequent violations. Prepared by:Jennifer Schwickerath,Assistant City Attorney,410 E.Washington St., Iowa City, IA 52244, 319- 356-5030 Resolution number: 23-74 Resolution accepting use of Section 453A.22(3) affirmative defense to tobacco civil penalty by Deli Mart #3 Whereas, on January 11, 2023, an employee of Deli Mart#3, 2410 Mormon Trek Blvd., Iowa City, violated Iowa Code §453A.2(1) by selling or providing tobacco, tobacco products or cigarettes to a minor; and Whereas, at the time of the violation, Deli Mart#3 was operating under a retail cigarette permit issued by the City of Iowa City; and Whereas, pursuant to Iowa Code an establishment which holds a retail cigarette permit is subject to a civil penalty as a result of its employee violating Iowa Code §453A.2(1); and Whereas, pursuant to Iowa Code §453A.22(3), if an employee of a retailer violates §453A.2(1), the retailer shall not be assessed a penalty under§453A.22(2), and the violation shall be deemed not to be a violation of §453A.2(1) for the purpose of determining the number of violations for which a penalty may be assessed pursuant to §453A.22(2), if the employee in question holds a valid certificate of completion of the tobacco compliance employee training program pursuant to §453A.5 at the time of the violation; and Whereas, the Deli Mart#3 employee who violated §453A.2(1) held a valid certificate of completion of the tobacco compliance training program pursuant to section §453A.5 at the time of the violation; and Whereas, Deli Mart#3 wishes to assert the affirmative defense set out in §453A.22(3) in order to avoid a civil penalty for its employee's violation of §453A.2(1) and has signed an Acknowledgement of Use of§453A.22(3) Affirmative Defense to Tobacco Civil Penalty; and Whereas, a retailer may asset the affirmative defenses set out in §453A.22(3) only once in a four-year period for a violation of§453A.2 that takes place at the same place of business location and if an employee of Deli Mart#3 again violates §453A.2(1)within a four-year period, Deli Mart#3 will be subject to a civil penalty as provided by §453A.22(2), after proper notice and opportunity for hearing. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that the City Council should accept Deli Mart#3's use of a §453A.22(3) affirmative defense and should accept Deli Mart #3's signed Acknowledgment of the same. Be it further resolved, that the City Clerk will forward a copy of this Resolution to the City Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. Passed and approved this 21 may of March , 2023. Resolution No. 23-74 Page 2 —2aZ M r Approved by / G/ Attest: ` ^ V --� City Clerk J City Attorn 's Office (Jennifer Schwickerath — 03/13/2023) It was moved by Taylor and seconded by Dunn the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent : x Alter x Bergus x Dunn x Harmsen x Taylor x Teague x Thomas Item Number: 6.f. CITY OF IOWA CITY COUNCIL ACTION REPORT March 21 , 2023 Resolution accepting use of Section 453A.22(3) affirmative defense to tobacco civil penalty by Hy-Vee Food Store #2 Prepared By: Rebecca Passavant, City Attorney's Office Administrative Secretary Reviewed By: Redmond Jones, Deputy City Manager Fiscal Impact: No impact Staff Recommendation: Approval Attachments: Resolution.pdf Executive Summary: This Resolution accepts the use of the affirmative defense described in Iowa Code Section 453A.22(3) from Hy-Vee Food Store #2. The affirmative defense is allowed when the employee that was selling or providing tobacco to a minor has a valid certificate of completion from the tobacco compliance employee training program. The retailer is only allowed to assert the affirmative defense once in a four-year period. When the affirmative defense is asserted, the retailer is not assessed the civil penalty and the violation is not counted if there are subsequent violations. Prepared by:Jennifer Schwickerath,Assistant City Attorney,410 E.Washington St., Iowa City, IA 52244, 319- 356-5030 Resolution number: 23-75 Resolution accepting use of Section 453A.22(3) affirmative defense to tobacco civil penalty by Hy-Vee Food Store #2 Whereas, on January 10, 2023, an employee of Hy-Vee Food Store #2, 812 S. First Ave., Iowa City, violated Iowa Code §453A.2(1) by selling or providing tobacco, tobacco products or cigarettes to a minor; and Whereas, at the time of the violation, Hy-Vee Food Store #2 was operating under a retail cigarette permit issued by the City of Iowa City; and Whereas, pursuant to Iowa Code an establishment which holds a retail cigarette permit is subject to a civil penalty as a result of its employee violating Iowa Code §453A.2(1); and Whereas, pursuant to Iowa Code §453A.22(3), if an employee of a retailer violates §453A.2(1), the retailer shall not be assessed a penalty under§453A.22(2), and the violation shall be deemed not to be a violation of §453A.2(1) for the purpose of determining the number of violations for which a penalty may be assessed pursuant to §453A.22(2), if the employee in question holds a valid certificate of completion of the tobacco compliance employee training program pursuant to §453A.5 at the time of the violation; and Whereas, the Hy-Vee Food Store #2 employee who violated §453A.2(1) held a valid certificate of completion of the tobacco compliance training program pursuant to section §453A.5 at the time of the violation; and Whereas, Hy-Vee Food Store #2 wishes to assert the affirmative defense set out in §453A.22(3) in order to avoid a civil penalty for its employee's violation of§453A.2(1) and has signed an Acknowledgement of Use of§453A.22(3) Affirmative Defense to Tobacco Civil Penalty; and Whereas, a retailer may asset the affirmative defenses set out in §453A.22(3) only once in a four-year period for a violation of§453A.2 that takes place at the same place of business location and if an employee of Hy-Vee Food Store #2 again violates §453A.2(1) within a four-year period, Hy-Vee Food Store #2 will be subject to a civil penalty as provided by §453A.22(2), after proper notice and opportunity for hearing. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that the City Council should accept Hy-Vee Food Store #2's use of a §453A.22(3) affirmative defense and should accept Hy-Vee Food Store #2's signed Acknowledgment of the same. Be it further resolved, that the City Clerk will forward a copy of this Resolution to the City Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. Passed and approved this 21 Sc ay of March , 2023. Resolution No. 23-75 Page 2 �t f Ma rr Approved by Attest: ..L I, 1 -- 1;.,1 L , City Clerk City Attor y's Office (Jennifer Schwickerath — 03/16/2023) It was moved by Taylor and seconded by Dunn the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent : x Alter x Bergus x Dunn x Harmsen x Taylor x Teague x Thomas Item Number: 6.g. CITY OF IOWA CITY COUNCIL ACTION REPORT March 21 , 2023 Resolution accepting payment of$1500.00 civil penalty and waiver of right to hearing from Almost Paradise. Prepared By: Rebecca Passavant, City Attorney's Office Administrative Secretary Reviewed By: Redmond Jones, Deputy City Manager Fiscal Impact: No impact Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Resolution.pdf Executive Summary: This Resolution accepts a waiver of right to hearing and payment of a $1500.00 civil penalty by Almost Paradise. The civil penalty is required by Iowa Code Section 453A.22(2) due to a second instance of an employee selling or providing tobacco to a minor within a two-year period. 1F Prepared by:Jennifer Schwickerath,Asst. City Attorney, 410 E.Washington St., Iowa City, IA 52244, 319-356-5030 Resolution number: 23-76 Resolution accepting payment of $1 ,500.00 civil penalty and waiver of right to hearing from Almost Paradise Whereas, on January 12, 2023, an employee of Emman Abedalla, DBA Almost Paradise, 355 S. Linn St., violated Iowa Code §453A.2(1) by selling or providing tobacco, tobacco products or cigarettes to a minor and this was the second such violation by one of its employees in a two-year period; and Whereas, at the time of the violation, Almost Paradise was operating under a retail cigarette permit issued by the City of Iowa City; and Whereas, pursuant to Iowa Code §453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee violating Iowa Code §453A.2(1), after a hearing and proper notice, and the civil penalty for a second violation within a two-year period is, at the retailer's option, $1,500.00 or a thirty-day permit suspension; and Whereas, Almost Paradise has waived its right to the hearing required by Iowa Code §453A.22(2) and accepted responsibility for its employee's violation of Iowa Code §453A.2(1), by paying a $1500.00 civil penalty to the City Clerk of the City of Iowa City. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that the City Council of the City of Iowa City, Iowa that the City Council should accept the waiver of right to hearing and payment of$1500.00 civil penalty on behalf of Almost Paradise. Be it further resolved, that the City Clerk will forward this Resolution to the City Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. Passed and approved this 21stlay of March , • r/�c r' Q Approved by • Attest: 1 J' "_l 1, P I,' `..'� 1,d.1 t:1 L f% CO Clerk City Attorney' Office (Jennifer Schwickerath - 03/13/2023) Resolution No. 23-76 Page 2 It was moved by Taylor and seconded by Dunn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Alter x Bergus x Dunn x Harmsen x Taylor x Teague x Thomas Item Number: 6.11h. CITY OF IOWA CITY COUNCIL ACTION REPORT March 21 , 2023 Resolution accepting payment of$1500.00 civil penalty and waiver of right to hearing from Casey's General Store #2761 . Prepared By: Rebecca Passavant, City Attorney's Office Administrative Secretary Reviewed By: Redmond Jones, Deputy City Manager Fiscal Impact: No Impact Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Resolution.pdf Executive Summary: This Resolution accepts a waiver of right to hearing and payment of a $1500.00 civil penalty by Casey's General Store #2761 . The civil penalty is required by Iowa Code Section 453A.22(2) due to a second instance of an employee selling or providing tobacco to a minor within a two-year period. Prepared by: Jennifer Schwickerath,Asst. City Attorney, 410 E.Washington St., Iowa City, IA 52244, 319-356-5030 Resolution number: 23-77 Resolution accepting payment of $1 ,500.00 civil penalty and waiver of right to hearing from Casey's General Store #2761 Whereas, on January 10, 2023, an employee of Casey's Marketing Company, DBA Casey's General Store #2761, 204 N. Dubuque St., Iowa City, violated Iowa Code §453A.2(1) by selling or providing tobacco, tobacco products or cigarettes to a minor and this was the second such violation by one of its employees in a two-year period; and Whereas, at the time of the violation, Casey's General Store #2761 was operating under a retail cigarette permit issued by the City of Iowa City; and Whereas, pursuant to Iowa Code §453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee violating Iowa Code §453A.2(1), after a hearing and proper notice, and the civil penalty for a second violation within a two-year period is, at the retailer's option, $1,500.00 or a thirty-day permit suspension; and Whereas, Casey's General Store #2761 has waived its right to the hearing required by Iowa Code §453A.22(2) and accepted responsibility for its employee's violation of Iowa Code §453A.2(1), by paying a $1500.00 civil penalty to the City Clerk of the City of Iowa City. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that the City Council of the City of Iowa City, Iowa that the City Council should accept the waiver of right to hearing and payment of$1500.00 civil penalty on behalf of Casey's General Store #2761. Be it further resolved, that the City Clerk will forward this Resolution to the City Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. Passed and approved this 21 stlay of March 202 . tZia& Q- - .(Di-- Approved by , . Attest: V' r �1 ' City Clerk ( City Attorney' O ce (Jennifer Schwickerath —03/13/2023) Resolution No. 23-77 Page 2 It was moved by Taylor and seconded by Dunn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Alter x Bergus x Dunn x Harmsen x Taylor x Teague x Thomas Item Number: 6.i. CITY OF IOWA CITY COUNCIL ACTION REPORT March 21 , 2023 Resolution accepting payment of$300.00 civil penalty and waiver of right to hearing from City Liquor. Prepared By: Rebecca Passavant, City Attorney's Office Administrative Secretary Reviewed By: Redmond Jones, Deputy City Manager Fiscal Impact: No impact Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Resolution.pdf Executive Summary: This Resolution accepts a waiver of right to hearing and payment of a $300.00 civil penalty by City Liquor. The civil penalty is required by Iowa Code Section 453A.22(2) due to a first instance of an employee selling or providing tobacco to a minor within a two-year period. Prepared by: Jennifer Schwickerath,Asst. City Attorney,410 E. Washington St., Iowa City,IA 52244,319-356-5030 Resolution number: 23-78 Resolution accepting payment of $300.00 civil penalty and waiver of right to hearing from City Liquor Whereas, on January 11, 2023, an employee of Wise Food LLC, DBA City Liquor, 425 S. Gilbert Street, Iowa City, violated Iowa Code §453A.2(1) by selling or providing tobacco, tobacco products or cigarettes to a minor and this was the first such violation by one of its employees in a two-year period; and Whereas, at the time of the violation, City Liquor was operating under a retail cigarette permit issued by the City of Iowa City; and Whereas, pursuant to Iowa Code §453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of$300.00 as a result of its employee violating Iowa Code §453A.2(1), for a first violation within a two-year period; and Whereas, City Liquor has waived its right to the hearing required by Iowa Code §453A.22(2) and accepted responsibility for its employee's violation of Iowa Code §453A.2(1) by paying a $300.00 civil penalty to the City Clerk of the City of Iowa City. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that the City Council should accept the waiver of right to hearing and payment of$300.00 civil penalty on behalf of City Liquor. Be it further resolved, that the City Clerk will forward this Resolution to the City Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. Passed and approved this2lstday of March , 2023. t M r Approved by Attest: Cit Clerk City Attorney' Ice ) (Jennifer Sc wickerath—03/13/2023) Resolution No. 23-78 Page 2 It was moved by Taylor and seconded by nnnn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Alter x Bergus x Dunn x Harmsen x Taylor x Teague x Thomas Item Number: 6.j. CITY OF IOWA CITY k � COUNCIL ACTION REPORT March 21 , 2023 Resolution accepting payment of$1500.00 civil penalty and waiver of right to hearing from Hawkeye Smoke and Liquor. Prepared By: Rebecca Passavant, City Attorney's Office Administrative Secretary Reviewed By: Redmond Jones, Deputy City Manager Fiscal Impact: No impact Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Resolution.pdf Executive Summary: This Resolution accepts a waiver of right to hearing and payment of a $1500.00 civil penalty by Hawkeye Smoke and Liquor. The civil penalty is required by Iowa Code Section 453A.22(2) due to a second instance of an employee selling or providing tobacco to a minor within a two-year period. Prepared by: Jennifer Schwickerath,Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52244, 319-356-5030 Resolution number: 23-79 Resolution accepting payment of $1 ,500.00 civil penalty and waiver of right to hearing from Hawkeye Smoke and Liquor Whereas, on January 12, 2023, an employee of Linn Food LLC, DBA Hawkeye Smoke and Liquor, 108 E. College Street, Iowa City, violated Iowa Code §453A.2(1) by selling or providing tobacco, tobacco products or cigarettes to a minor and this was the second such violation by one of its employees in a two-year period; and Whereas, at the time of the violation, Hawkeye Smoke and Liquor was operating under a retail cigarette permit issued by the City of Iowa City; and Whereas, pursuant to Iowa Code §453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee violating Iowa Code §453A.2(1), after a hearing and proper notice, and the civil penalty for a second violation within a two-year period is, at the retailer's option, $1,500.00 or a thirty-day permit suspension; and Whereas, Hawkeye Smoke and Liquor has waived its right to the hearing required by Iowa Code §453A.22(2) and accepted responsibility for its employee's violation of Iowa Code §453A.2(1), by paying a $1500.00 civil penalty to the City Clerk of the City of Iowa City. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that the City Council of the City of Iowa City, Iowa that the City Council should accept the waiver of right to hearing and payment of$1500.00 civil penalty on behalf of Hawkeye Smoke and Liquor. Be it further resolved, that the City Clerk will forward this Resolution to the City Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. Passed and approved this21stiay of March 023. .tor Approved by Attest: '1) Cit�Clerk ( City Attorney' Office (Jennifer Schwickerath — 03/13/2023) Resolution 23-79 Page 2 It was moved by Taylor and seconded by Dunn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Alter X Bergus x Dunn x Harmsen x _ Taylor x Teague x Thomas Item Number: 6.k. CITY OF IOWA CITY COUNCIL ACTION REPORT March 21 , 2023 Resolution accepting payment of$1500.00 civil penalty and waiver of right to hearing from Iowa City Fast Break. Prepared By: Rebecca Passavant, City Attorney's Office Administrative Secretary Reviewed By: Redmond Jones, Deputy City Manager Fiscal Impact: No impact Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Resolution.pdf Executive Summary: This Resolution accepts a waiver of right to hearing and payment of a $1500.00 civil penalty by Iowa City Fast Break. The civil penalty is required by Iowa Code Section 453A.22(2) due to a second instance of an employee selling or providing tobacco to a minor within a two-year period. Prepared by: Jennifer Schwickerath, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52244, 319-356-5030 Resolution number: 23-80 Resolution accepting payment of $1 ,500.00 civil penalty and waiver of right to hearing from Iowa City Fast Break Whereas, on January 12, 2023, an employee of Reif Oil Company, DBA Iowa City Fast Break, 2580 Naples Ave, Iowa City violated Iowa Code §453A.2(1) by selling or providing tobacco, tobacco products or cigarettes to a minor and this was the second such violation by one of its employees in a two-year period; and Whereas, at the time of the violation, Iowa City Fast Break was operating under a retail cigarette permit issued by the City of Iowa City; and Whereas, pursuant to Iowa Code §453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee violating Iowa Code §453A.2(1), after a hearing and proper notice, and the civil penalty for a second violation within a two-year period is, at the retailer's option, $1,500.00 or a thirty-day permit suspension; and Whereas, Iowa City Fast Break has waived its right to the hearing required by Iowa Code §453A.22(2) and accepted responsibility for its employee's violation of Iowa Code §453A.2(1), by paying a $1500.00 civil penalty to the City Clerk of the City of Iowa City. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that the City Council of the City of Iowa City, Iowa that the City Council should accept the waiver of right to hearing and payment of$1500.00 civil penalty on behalf of Iowa City Fast Break Be it further resolved, that the City Clerk will forward this Resolution to the City Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. Passed and approved this21stday of March , 2 23. cu.' r Approved by • Attest: Cit Clerk ` City Attorney' ice (Jennifer Sc wickerath - 03/13/2023) Resolution No. 23-80 Page 2 It was moved by Tayl car and seconded by Dunn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Alter x Bergus x Dunn x Harmsen • x Taylor x Teague x Thomas Item Number: 6.1. CITY OF IOWA CITY COUNCIL ACTION REPORT March 21 , 2023 Resolution accepting payment of$300.00 civil penalty and waiver of right to hearing from Kings Mart#50. Prepared By: Rebecca Passavant, City Attorney's Office Administrative Secretary Reviewed By: Redmond Jones, Deputy City Manager Fiscal Impact: No impact Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Resolution.pdf Executive Summary: This Resolution accepts a waiver of right to hearing and payment of a $300.00 civil penalty by Kings Mart #50. The civil penalty is required by Iowa Code Section 453A.22(2) due to a first instance of an employee selling or providing tobacco to a minor within a two-year period. Prepared by:Jennifer Schwickerath,Asst. City Attorney,410 E. Washington St., Iowa City, IA 52244,319-356-5030 Resolution number: 23-81 Resolution accepting payment of $300.00 civil penalty and waiver of right to hearing from Kings Mart #50 Whereas, on January 11, 2023, an employee of Imperial Reliance LLC, DBA Kings Mart #50, 2875 Commerce Dr., Iowa City, violated Iowa Code§453A.2(1) by selling or providing tobacco, tobacco products or cigarettes to a minor and this was the first such violation by one of its employees in a two-year period; and Whereas, at the time of the violation, Kings Mart #50 was operating under a retail cigarette permit issued by the City of Iowa City; and Whereas, pursuant to Iowa Code §453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of$300.00 as a result of its employee violating Iowa Code §453A.2(1), for a first violation within a two-year period; and Whereas, Kings Mart#50 has waived its right to the hearing required by Iowa Code §453A.22(2) and accepted responsibility for its employee's violation of Iowa Code §453A.2(1) by paying a $300.00 civil penalty to the City Clerk of the City of Iowa City. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that the City Council should accept the waiver of right to hearing and payment of $300.00 civil penalty on behalf of Kings Mart#50. Be it further resolved, that the City Clerk will forward this Resolution to the City Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. Passed and approved this2lstday of March , 2023. May Approved by Attest: 1 14- , --tk,l. t C4 Clerk City Attorney's ffice (Jennifer Schwickerath—03/13/2023) Resolution 23-81 Page 2 It was moved by Taylor and seconded by Dunn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Alter x Bergus x Dunn x Harmsen x Taylor x Teague x Thomas Item Number: 6.m. CITY OF IOWA CITY COUNCIL ACTION REPORT March 21 , 2023 Resolution accepting payment of$300.00 civil penalty and waiver of right to hearing from Hy- Vee Gas #3. Prepared By: Rebecca Passavant, City Attorney's Office Administrative Secretary Reviewed By: Redmond Jones, Deputy City Manager Fiscal Impact: No impact Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Resolution.pdf Executive Summary: This Resolution accepts a waiver of right to hearing and payment of a $300.00 civil penalty by Hy-Vee Gas #3. The civil penalty is required by Iowa Code Section 453A.22(2) due to a first instance of an employee selling or providing tobacco to a minor within a two-year period. Prepared by: Jennifer Schwickerath,Asst.City Attorney,410 E. Washington St., Iowa City, IA 52244,319-356-5030 Resolution number: 23-$2 Resolution accepting payment of $300.00 civil penalty and waiver of right to hearing from Hy-Vee Gas #3 Whereas, on January 10, 2023, an employee of Hy-Vee Inc, DBA Hy-Vee Gas #3, 1125 N. Dodge St., Iowa City, violated Iowa Code §453A.2(1) by selling or providing tobacco, tobacco products or cigarettes to a minor and this was the first such violation by one of its employees in a two-year period; and Whereas, at the time of the violation Hy-Vee Gas #3 was operating under a retail cigarette permit issued by the City of Iowa City; and Whereas, pursuant to Iowa Code §453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of$300.00 as a result of its employee violating Iowa Code §453A.2(1), for a first violation within a two-year period; and Whereas, Hy-Vee Gas #3 has waived its right to the hearing required by Iowa Code §453A.22(2) and accepted responsibility for its employee's violation of Iowa Code §453A.2(1) by paying a $300.00 civil penalty to the City Clerk of the City of Iowa City. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that the City Council should accept the waiver of right to hearing and payment of $300.00 civil penalty on behalf of Hy-Vee Gas #3. Be it further resolved, that the City Clerk will forward this Resolution to the City Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. Passed and approved this 21Stlay of March , 2023. Ma r Approved by lam; Attest: \) I' Cit Clerk City Attorney' Office (Jennifer Schwickerath—03/13/2023) Resolution No. 23-82 Page 2 It was moved by Taylor and seconded by Dunn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: g Alter x Bergus x Dunn x Harmsen x Taylor x Teague x Thomas Item Number: 7.a. CITY OF IOWA CITY COUNCIL ACTION REPORT March 21 , 2023 Motion setting public hearing for April 4, 2023 on an ordinance rezoning approximately 13.00 acres located within the JJR Davis Second Addition and JJR Davis Fourth Addition Subdivisions from Commercial Office Zone (CO-1) to Intensive Commercial Zone (CI-1) (REZ23-0002). Attachments: Staff Report w Attachments.pdf David Schapira Correspondence.pdf Jane Driscoll Correspondence City Council Correspondence - Emily Droll, Linda Holmes Dallman, Jacquolyn Clingan, Leta McCabe, Jane Driscoll, Janet Dane Driscoll STAFF REPORT To: Planning and Zoning Commission Prepared by: Parker Walsh, Associate Item: REZ23-0002 Mormon Trek Planner Date: March 1, 2023 GENERAL INFORMATION: Applicant/Owners: CGGRB Realty Holdings INC Donna Allegra Dane Harold John III Dane Helen Elizabeth Dane 1111 E River Drive Davenport, IA 52803 D & P Property LLC 526 Woodridge Avenue Iowa City, IA 52245 James R. Davis 4097 Kitty Lee Road SW Iowa City, Iowa 52240 Shottenkirk I C R LLC 309 S Gear West Burlington, IA 52655 Contact Person: Jon Marner MMS Consultants 1917 S. Gilbert St. Iowa City, IA 52240 Requested Action: Rezoning Purpose: Rezoning of approximately 13.00 acres of land from Commercial Office Zone (CO-1) to Intensive Commercial Zone (CI-1) Location: 2650 Mormon Trek Blvd, JJR Davis Second Addition Lots 2-4, and JJR Davis Fourth Additions Lots 1-4 Location Map: ar �� or 2 Size: 13.00 acres Existing Land Use and Zoning: Commercial Office Zone (CO-1) Surrounding Land Use and Zoning: North: Neighborhood Public Zone (P-1) South: Intensive Commercial Zone (CI-1) East: Neighborhood Public Zone (P-1) West: Intensive Commercial Zone (CI-1) Comprehensive Plan: Public/Semi-Public and Office Commercial District Plan: South Central District Plan: Intensive or Highway Commercial and Office Park/Commercial Neighborhood Open Space District: S1 and SW2 Public Meeting Notification: Properties within 500' of the subject property received notification of the Planning and Zoning Commission public meeting. A rezoning sign was posted on the property on the corner of Grace Dr. and Mormon Trek Blvd. File Date: February 16, 2023 45 Day Limitation Period: April 2, 2023 BACKGROUND INFORMATION: The applicants have requested a rezoning of approximately 13 acres from Commercial Office Zone (CO-1) to Intensive Commercial Zone (CI-1) located east of Mormon Trek Blvd along Grace Drive, Iowa City, Iowa. The property currently contains PIP Printing and Marketing Services and Edward Jones Financial Advisor located at 2650 Mormon Trek Blvd. The remaining subject property along Grace Dr, and Eagle View Dr. is undeveloped with no development anticipated at this time. The subject property was platted in 2005 for 4 commercial lots and an outlot. In 2007 the property was replatted to include 4 additional lots originally platted as Outlot A, for a total of 8 lots. Also in 2007 the subject property was rezoned from Intensive Commercial (CI-1) to Commercial Office (CO-1). The purpose of the rezoning was to find a zone that would provide more land use options, namely office and eating/drinking establishments, as the 2006 Iowa City Zoning Code update removed allowable uses from the CI-1 zone. The applicant initially worked to rezone the subject property to Community Commercial (CC-2) before staff determined that such a rezoning would make PIP a nonconforming use. Staff instead recommended the CO-1 rezoning that could provide office uses,while also ensuring that PIP would remain a conforming use under the Personal Service use category. PIP had also requested a special exception in 2006 to allow up to 12,400 square feet within the proposed building for printing purposes. A rezoning back to the initial CI-1 zone at which PIP began development would not interfere with the 2006 special exception. 3 The applicant has indicated that they have chosen not to use the "Good Neighbor Policy" and have not had discussions with neighborhood representatives. ANALYSIS: Current Zoning: The property is currently zoned Commercial Office Zone (CO-1). The purpose of CO-1 is to provide specific areas where office functions, compatible businesses, apartments and certain public and semipublic uses may be developed in accordance with the comprehensive plan. The CO-1 zone can serve as a buffer between residential and more intensive commercial or industrial areas. To the north of the subject property is the Iowa City Municipal Airport. The Airport has established airport zones, which may have regulations with further restrictions than what is outlined in the base zone. The subject property is located within the Transitional Overlay (TO) Zone per the Airport Zoning Map. According to the City Airport Manager additional height restrictions may apply to the subject property. Specifically, the maximum building height for lots north of Grace Drive can be expected to align with what was allowed for PIP Printing, which was 187' above grade at its tallest point. This may not be an exact height restriction for future development on lots north of Grace Dr. as official FAA and Airport review would be necessary for development within airport air space. Proposed Zoning: The request is to rezone the subject property from the existing CO-1 to Intensive Commercial (CI- 1) zone. The purpose of CI-1 is to provide areas for those sales and service functions and businesses whose operations are typically characterized by outdoor display and storage of merchandise, by repair and sales of large equipment or motor vehicles, by outdoor commercial amusement and recreational activities or by activities or operations conducted in buildings or structures not completely enclosed. The CI-1 zone would provide an increase in maximum building height from 25' to 35', as well as more land use opportunities than what is currently allowed in a CO-1 zone. Additionally, the two existing businesses at 2650 Mormon Trek Blvd., PIP (Personal Service Use) and Edward Jones Financial Advisor (General Office Use), would remain permitted uses in a CI-1 zone. Table 1 below shows the allowable uses in both CO-1 and CI-1. Table 1: Uses Allowed in Commercial Zones Uses Categories Commercial Office Intensive Commercial Residential —AssistedGrou Living PR S Residential — Group Household PR Residential — Multi-Family PR Adult Business PR Animal Related Commercial — General S PR Animal Related Commercial — PR Intensive Building Trade Uses P Commercial Recreation — Indoor PR/S P Commercial Recreation — Outdoor P Drinking Establishments PR Eating Establishments P Office - General P P Office —Medical/Dental P P Quick Vehicle Servicing PR/S 4 Retail—Alcohol Sales P Retail— Hospitality PR P Outdoor Storage and Display P Retail— Personal Service P P Retail— Repair P Retail—Sales P Surface Passenger Service P Vehicle Repair PR Industrial Service P General Manufacturing PR Heavy Manufacturing S Technical/Light Manufacturing PR Self Service Storage P Warehouse & Freight Movement P Wholesale Sales P Basic Utility PR/S PR/S Community Service — Long Term PR/S PR/S Housing Community Service —Shelter S S General Community Service P S Daycare PR PR General Education PR Specialized Education P S Hospitals PR Parks and Open Space PR Religious/Private Group Assembly PR P Utility Scale Ground Mounted Solar S S Communication Transmission Facility PR/S PR/S P= Permitted, PR= Provisional, S = Special Exception Rezoning Review Criteria: Staff uses the following two criteria in the review of rezoning: 1. Consistency with the comprehensive plan; 2. Compatibility with the existing neighborhood character. Consistency with Comprehensive Plan: The IC2030 Comprehensive Plan identifies the subject property as suitable for Office Commercial and Public/Semi-Public use. The Comprehensive Plan also states that"in addition to the District Plans, the neighborhood design principals should be considered when interpreting the land use map'. The Comprehensive Plan goes on to state, "use the District Plans to identify appropriate commercial nodes and zone accordingly to focus commercial development to meet the needs of the present and future population". Staff found that the District Plan and neighborhood design principles support the proposed rezoning. The South Central District Plan FLUM has the subject property designated as Intensive or Highway Commercial or Office Park/Commercial. The subject property is known in the Plan as Subarea B, which is a commercial corridor intended for a mix of retail, office, and other business. The Plan also notes that"Intensive Commercial or Office Commercial uses on the east side of Mormon Trek Blvd. would be most compatible with the Iowa City Airport'. At the time when the South Central District Plan was originally adopted (2000), Intensive Commercial was primarily intended for outdoor storage uses such as car dealerships, contractor yards, and manufactured housing sales. However, in the years since the Plan's adoption, the Intensive 5 Commercial zoning designation has expanded its allowable use categories, which better fits the intent of the Plan for a mixture of commercial uses in this major commercial corridor. Additionally, the neighborhood design principles note the importance of compatible infill. Quality infill development plays an important role in neighborhood reinvestment. The 2007 rezoning from CI-1 to CO-1 was intended to provide more opportunity for development, namely an office park, after the 2006 Iowa City Zoning Code update removed office use as allowable from CI-1 zones. Since this time, the subject property has remained undeveloped, aside from PIP which was undergoing development prior to the 2007 rezoning. The Iowa City Zoning Code has since been updated to include office use, among others uses, to be allowed within a CI-1 zoning designation. Additionally, when considering infill development, one of the Comprehensive Plan goals is to "ensure development is compatible and complementary to the surrounding neighborhood". The surrounding neighborhood includes CI-1 zoning to the west, which includes the auto dealership Billion Auto, and undeveloped CI-1 zoning to the south, unincorporated residential to the east, and the airport to the north. To the northeast is largely residential with commercial uses along Highway 1. Although there is no development proposed as part of the rezoning, a rezoning to CI-1 may provide more opportunities to serve the community in the southwest part of town, as well as travelers along a major city entryway. Compatibility with Existing Neighborhood Character: The South Central District Plan states that"Intensive commercial or office commercial uses on the east side of Mormon Trek Boulevard would be most compatible with the Iowa City Airport, and the planned industrial area to the east. Residential uses should be minimized at this intersection of two major highways and in the vicinity of a primary airport runway". Additionally, as previously mentioned, property to the west, south, and northeast of Highway 1 are currently zoned CI-1. No development is proposed at this time; however, if rezoned to CI-1, future development would be held to the same Zoning Code standards of much of the surrounding neighborhood. Access and Street Design: Access to the subject properties is provided off Mormon Trek Blvd. through Grace Dr. and Eagle View Dr. According to section 14-5C-6A, direct lot access to an arterial street will only be granted upon presentation by the applicant of convincing evidence that an alternative means of access is not feasible from an intersecting local or collector street or through means of a cross access easement. Existing lots will be required to access through Grace Dr., Eagle View Dr., or Dane Rd. SE. No lot access off Mormon Trek Blvd. will be permitted. Additionally, there is an existing parcel of land located along Dane Rd. that was vacated in 2006.The vacation was due to the City acquiring land at the end of the runway and wanted to remove the Dane Rd connection that extended to Highway 1. As a condition of the rezoning staff recommends that the vacated parcel be dedicated back to the City as right-of-way to ensure a consistent and safe traffic flow that does not end in a dead-end with no available turnaround along Grace Dr. and Dane Rd. Furthermore, staff believes the subject parcel was allowed to be vacated in error and the proposed rezoning creates an opportunity to correct this error. SUMMARY: In summary, Staff supports the rezoning from Commercial Office (CO-1) to Intensive Commercial (CI-1). Rezoning to the less restrictive CI-1 may provide quality infill development and reinvestment opportunities as desired by the Comprehensive Plan. Staff believes that due to zoning code changes since the time of the 2007 rezoning, CI-1 would provide the land use flexibility initially desired, such as office use, eating establishments, etc. Additionally, the rezoning is supported by the South Central District Plan, which identifies a CI-1 zone as a 6 suitable option to provide a commercial corridor intended for a mix of retail, office, and other business. NEXT STEPS: Upon recommendation from the Planning and Zoning Commission, a public hearing will be scheduled for consideration by the City Council. STAFF RECOMMENDATION: Staff recommends approval of REZ23-0002, a proposal to rezone approximately 13 acres located east of Mormon Trek Blvd. and along Grace Dr. from Commercial Office Zone (CO-1) to Intensive Commercial Zone (CI-1) subject to the following condition: 1. Prior to issuance of a building permit, Owner shall: a. Dedicate to the City, without compensation, right-of-way along Dane Rd. SE ATTACHMENTS: 1. Location Map 2. Rezoning Exhibit 3. Applicant Statement Approved by: .J - c l Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services i K ; Ww n I 41 , 3S P}J Rue(] m `U 0 3 d d � W � O c y f cz czN \ 3 6y a+ ` Y \ \ ♦ 9 . ` m O AA V l' ✓ '�� �� tC o yy s a w N _ y O r ..V. r ✓4-� NN tC C. N y Y O m c U - a o Z F N ^ a 2 Z `3 E Z 0 Z Z UN O a x m O QZQ U m w a K ODO tto o�g� 6 es F a5 `30 �v3z p Q W 666 0 L - `o ,i ttF p¢Z-zE4 W=Z. i1.• 'oma A- 9 pc o .QM _ _ wtta 0 000gga` mo<b:` d�oda d - 3a `� v- .0.30 o3oq w z Z L - '� B Q iA em o W> 6864 zz to oi�o Z luV 0E N Z o Oo `„ 9�'J•o ® O 99. Zo Q w 3 o J Q�Q W J �y Y-dQg�w -oYq o`_ p» ! _ o 3 0 u - `0 3 �m� tl 3w w39 a x O¢v0 wa0 -i3 ¢cOo o oo s 1'I 3A ` 3v �3v ry� Qc � e I e o � � U 3r o n Q w 6 'wo, 00 cv o=c '- z Q Uo YQll � _ �Qm �o m3v o wG"N 0 C] 0 wdw - 33J 0m a _ _ - o- �3g - om�� - w 2 oar o30 0 9 Q� J �m Z Q nDAME HMO _ m MdCLI.OPS y ry�C9']1C J ✓ xa 'y'LLW e z Wc,Q l em LLLLII p N ___ -------- (LO).asc S3� �a0o � � ' g 1-0 z LU VOD ZOZ_ 01U p o� w=U �m aowW° a �ky' ,6�•, �NQ �zow i __ P0=' �o w X� w OOpZ O - z \ / �o oN o �� w 0 10 CoQ `. VKr Lu v O Ol On 0 LU o°ems =oo x Q »b , <mWo z � i Iq Q m a -0 / D ��mo M1917 S.Gilbert Street Iowa City,Iowa 52240 M MMS Consultants Inc. 319.351.8282 7 mmsconsu[tants.net Experts in Planning and Deveiopment Since 1975 mms@mmsconsultants.net February 16, 2023 .0 V C City of Iowa City a 410 E.Washington Street Iowa City, IA 52240 C 0 Re: JJR Davis Second and Fourth Additions to Iowa City, Iowa. On behalf of Billion Auto we are submitting a request for a Rezoning for Lots 1-4 JJR Davis Second Addition and Lots 1-4 JJR Davis Fourth Addition. The described land consists of 13.00 acres in total. We are proposing a change of the land use from Commercial Office to Intensive Commercial. We feel this amendment is appropriate given the immediate access from the property to Mormon Trek Boulevard which provides a direct route to Highway#1 and Interstate I-380. In addition, the adjacent properties to the south and west are currently zoned CI-1 and the Iowa City Airport adjoins the northerly portion of the site. b C If you have questions or require any additional information, please contact us accordingly. QJ C Respectfully submitted, d C Kelly J. Beckler. MMS Consultants, Inc. O 8686-007L1.DOCX T Ln C to ro J v v C C W .5 U Insurance Exchange Building Suite 444 Phone:515-288-1846 505 Fifth Ave. Fax:515-288-0137 Des Moines,Iowa 50309 e-mail:]nein@inhf.or¢ ***.inhf.orV February 27, 2023 Danielle Sitzman, Development Services Coordinator City of Iowa City 410 E. Washington St. Iowa City,Iowa 52240 Via email: danielle-sitzman(a.owa-city.org RE: Future Dane Family Park and nearby rezoning proposal Dear Ms. Sitzman: It has come to our attention that there is a re-zoning request for land along Mormon Trek Rd and Eagle View Dr. As the city plans the future growth of this area please know that the land currently held by the George Dane Trust(outlined in red below) is bequeathed to the Iowa Natural Heritage Foundation(with a life estate for his children and grandchildren). INHF and the City Parks and Recreation staff have discussed the future park and open space concept periodically over the years. This property sits on a high point and has wonderful scenic views of the surrounding land, especially towards the airport and river valley. George Dane's vision for the park is simple outdoor play and low intensity activities such as picnicking, stargazing or kite flying.While it will be a few years before his 2001 dream is realized, the growth of the city keeps encroaching. Planning for quality experiences at a future public park now is even more important while development encloses, surrounds, and impacts the area. E 1 i d With this future plan in mind we wish to request your serious contemplation of zoning changes that would negatively impact the future park-especially from a traffic and lighting standpoint. The proposed expansion of the auto dealership is especially concerning because of the excessive light trespass that will ultimately occur. We fully understand that the area is proposed for commercial development but would ask that the city planning staff and commission take into consideration the long-term impacts to an open space and park area that will ultimately benefit residents,business workers while providing a refuge for wildlife, birds and pollinators. Thank you very much for your consideration. Sincerely,L— Lisa Hein Senior Director for Conservation Programs cc: Jane Driscoll jdriscol&aol.com Tyler Baird tiller-baird(a�iowa-ci .or MAdwes`O MANAGEMENT Trust Services,PO Box 17110,lows City,IA 52244 MhfflestOne.hank February 28, 2023 Planning& Zoning Conunission City of Iowa City 410 E. Wa shington Street Iowa City,]A 52240 Re: REZ23-OC42 George R. Dane Family Trust Dear Members of the Planning and Zoning Commission: I am writing to you on behalf of the George R. Dane Family Trust (the "Dane Family Trust")regarding Application REZ23-4002 to rezone approximately 13 acres of land from Commercial Office Zone (CO-1) to Intensive Commercial Zone (CT-1) near Grace Drive and Eagle View Dr. off Mormon Trek Boulevard. The Dane Family Trust owns the approximately 17.58 acres of land at 4120 Dane Road SE, which is adjacent to the rezoning, The Dane Family Trust is opposed to the proposed rezoning. The farm located at 4120 Dane Road SE has been in the Dane family Far nearly a century, and most recently was owned by George and Marjorie Dane prior to passing it to the Dane Family Trust as part of their estate plan. Pursuant to the terms of the trust,once the property is no Iongex occupied by certain family members, it shall be used as a park for the benefit of the community. I wouId note this parcel of land has a beautiful view, and should be a real asset to the community as a park and recreation area. Our concern is that the CI-1 zone allows uses not compatible with the either the future use as park or the current residential farming use.My understanding is that George Dane ,was very involved in the 2047 rezoning which changed the zoning from CI-1 to the more appropriate CO-1 for these areas. The possibility of reversing this rezoning from approximately 15 years ago, and the impact on the future gift of this land for a park, is concerning for the trust and its beneficiaries. Member FOIL On behalf of the Dane Family Trust we ask that you not approve Application REZ23- 0002. Thank you in advance for your time and consideration. Best regards, L4"-, Dennis J. Mitchell Vice President,Trust Officer Direct Line: (319) 356-5824 Email: dmitcheWmidwestone.com DJM/ Encl. Copy to: Anne Russett, City of Iowa City JuIi Seydell Johnson, City of Iowa City Iowa Natural Heritage Foundation MidVV6 s1 Qn e,pa nk Wmhw F1mC P h III I I Ili MARKETING/SIGNS/PRINT Locally Owned and Operated Since 1980 March 1, 2023 Planning & Zoning Commission Meeting Subject: Request for rezoning History In January, 2007, PIP Printing moved into their new building located at 2650 Mormon Trek Blvd. The property is owned by D & P Property LLC. Daniel L Tiedt and Pamela J Tiedt, equal members. The building is a Class A office building and the zoning was CO1 for the PIP Printing building and the lots along Grace drive to the east and south of the PIP building. The idea at the time was all of those lots would be developed with businesses that would fit in the CO1 zoning. That did not happen. Actually there has been no new buildings built on those lots since PIP built in January, 2007. PIP Printing is considered as an Office use. H. Office Uses H.2.a, General Office: "mailing and copying services, quick printing services" That classification is permitted in both CO1 and C11. This is a part of Iowa City that has been underdeveloped for a long time. D & P Property LLC, would approve a zoning change from CO1 to CI1 with the attached letter. I 1 I I I 2650 Mormon Trek Blvd Iowa City IA 52240 P 319.337.6431 F 319.351.4828 www.pipic.com D & P Property LLC. 526 Woodridge Ave. d Iowa City, Iowa 52245 March 1, 2023 Anne Russett Senior Planner City of Iowa City 410 East Washington Iowa City, Iowa 52240 Subject: Zoning Change from CO-1 to CI-1 This letter is to confirm that D & P Property LLC. Would approve a zoning change from the current CO-1 To a new zoning of CI-1.This is for parcel 1020180004 that D & P Property owns. Also to confirm the current tenants of this parcel are PIP Printing, Department of VA Hospital and Edward Jones.These current tenants would all be acceptable in a CI-1 Zone Thank you 1 Daniel L Tiedt Pamela J Tied D & P Property LLC. (Member) D & P Property LLC. (Member) FINAL DOCUMENT- MARCH 1,2023 Y From: Anne Russett To: Parker Walsh Subject: Fwd: Zoning of Dane Farm near Monson Trek Road Date: Tuesday,March 7,2023 2:26:30 PM For the case file. Thanks. Get Outlook for iOS From: Geoff Fruin <GFruin@iowa-city.org> Sent:Tuesday, March 7, 2023 1:52:20 PM To:Tracy Hightshoe<THightshoe@iowa-city.org>; Danielle Sitzman <dsitzman@iowa-city.org>; Anne Russett <ARussett@iowa-city.org> Subject: FW: Zoning of Dane Farm near Mormon Trek Road FYI, no response needed. From: DAVID SCHAPIRA<vietvetssg@corn cast.net> Sent:Tuesday, March 7, 2023 9:32 AM To: *City Council <CityCouncil@iowa-city.org> Subject:Zoning of Dane Farm near Mormon Trek Road A **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Ladies and gentlemen, my name is David Schapira. I was informed, yesterday, that land involving the Dane property, near Mormon Trek Rd. is being considered for business concerns, as opposed to turning the land into a park. I was very unhappy hearing of this, as I have known members of the Dane family most of my life. As a teenager, I enjoyed going to the Dane Farm to pick fruit, and ALWAYS had a great time. The Danes, as I understand it, want to use the land as a park, once they have moved on. What a WONDERFUL idea! I was told that business concerns want to turn the land into into business concerns. Ol that is a VERY distraught idea, as far as I'm concerned. I say this because I was recently visiting a very good friend in Mesa, Arizona, who had moved to Mesa a few years ago. His housing development was peaceful and quiet, and he and his senior neighbors all found tranquility AND happiness in their surroundings, developed for senior living. Recently, however, that community of happiness is being threatened AND isolated as businesses have decided to invest in acres and ACRES of space in which they can build huge, ugly storage warehouses. He is, understandably, upset as he sees them as just being huge eyesores, making the aesthetics of his part of Mesa disappear. He has, recently, found out that Big Business is also intending on putting in expansive operations in his, once peaceful, area. This will cause even more isolation for his community of retirement houses. My feeling is that what business people are proposing for the Dane land will become Iowa City's eyesore of ugly warehouses and big business ventures and will be placed on some of the most peaceful and beautiful land in all of Iowa City, the Dane Farm area. I grew up in Iowa City, and am a City High graduate. I served as a Search and Destroy Staff Sergeant of a combat platoon in the jungles of Vietnam. I taught for 32 years in a tough Inner City school in Phoenix, but moved BACK to Iowa City for the tranquility and beauty of the town I knew. I know ugliness in life, and as a citizen, again, of my beautiful hometown, I would REALLY not appreciate business people turning a most beautiful area, like the Dane Farm has been to me for many, MANY years, into a stale, desolate, and just plain ugly business venture. I implore you, our city's wonderful council people. to reject ANY effort to make this the Mesa-type area that my good friend, living in the Phoenix area, has had to come to witness. Let Iowa City stay beautiful, and have Big Business go elsewhere to de- beautify an area with ugly warehouses and Big Business ventures. Thank you for reading this, and I pray you make the right decision for us who have known Iowa City as a wonderful place to live and raise families. Sincerely, David Schapira City High graduate of 1964 Good Evening. P&Z Address: 3-1-2023 My name is Jane Driscoll and tonight I speak on behalf of my grandfather George Dane's estate which owns the property at 4120 Dane Rd SE. This property is north of Mormon Trek and directly across Dane Road to the east of the nearly 13-acre parcel under review by this commission for rezoning. I am joined by my mother, Janet Driscoll, who resides in the home at 4120 Dane Road which my grandparents built in 1948. My Uncle and Aunt, Bob and Sue Dane are also present. In addition to a family residence, our property has an apple orchard, grape vineyard, flowering trees and bushes, walnut and oak trees, farm crops, and other amenities. Birds, rabbits, and other wild animals, including four deer that crossed Eagle View Dr on an early morning this week and are often around the house at night. Our hilltop rises approximately 100 feet above the airport giving magnificent views in all directions. From the high hill where the house sits, one can look out to the northeast and see downtown Iowa City, City High School and the Iowa City Airport; to the east across the Iowa River valley to Lone Tree, West Liberty and south to Hills. To the west the rolling hills of the Iowa prairie. From here you can see the fireworks of 4 communities. The sunrises are as beautiful as the sunsets. This is the last sizeable open area, close to Iowa City, unencumbered by trees and buildings. My grandfather believes we are tenders of this land for a short time. Indians used to roam this area as evidenced by the collection of arrowheads we've collected and researched. The land was a gift to us, and we must be mindful of its care. These vistas are unique and belong to everyone. Not just a few. With foresight of generations to come, some 20 years ago this property was designated to become a park so that the sledding hills and beautiful vistas will remain for the world to enjoy. The gift of a 17.5 acre park to the citizens of Iowa City and Johnson County is in an effort to preserve the beautiful views on what is the last open hilltop in this area. We envision the park to be used for family picnics, flying kites, band concerts, playing Frisbee, sledding, swinging etc. People of all ages can enjoy the outdoors all year round. The City has been aware of this designation and has documentation reflecting these plans. We have previously addressed both the Planning & Zoning Commission and the City Council 3 times on this topic, expressing the need for conscious pre-planning for adjacent property uses that will be compatible with a park. However, intended future park use of our property is not yet reflected in the South Central District Future Land Use Scenario map. 1 With the future park in mind, we look to the west across Dane Rd and see the property under review tonight. We realize that something will eventually occur on the property, we aren't so unrealistic to think that the property will remain undeveloped forever. That being said, we encourage you to consider what would be the best scenario for both the current use of our property and the future park? Prior applications have come forward, including a potential outreach medical clinic and distribution center, requesting a CO-1 zone. While not specifically opposed to this use, we worked with the Commission to apply some conditions to the zoning. The current intent is to change the zoning to CI-1 which allows a broad range of intensive uses, including a car dealership, which are not compatible with a park. Would the conditional zoning requirements of the current CO-1 zone transfer to the proposed CI-1 zone? The description of the proposed zone reads: The purpose of the intensive commercial zone(0-1)is to provide areas for those sales and service functions and businesses whose operations are typically characterized by outdoor display and storage of merchandise, by repair and sales of large equipment or motor vehicles, by outdoor commercial amusement and recreational activities or by activities or operations conducted in buildings or structures not completely enclosed. The types of retail trade in this zone are limited in order to provide opportunities for more land intensive commercial operations and also to prevent conflicts between retail and industrial truck traffic.Special attention must be directed toward buffering the negative aspects of allowed uses from adjacent residential zones. These types of uses are not compatible with residential or parkland. The current zone of Commercial Office (CO-1) zone often serves as transition between residential and more intensive commercial and industrial areas allowed by the CI-1 zone. It provides for specific areas where office functions, compatible businesses, apartments and certain public and semipublic uses may be developed in accordance with the comprehensive plan. Would it be possible to maintain the CO-1 zone until a petitioner has a specific use? I understand that this Commission can recommend limitations or define specific features be used as a condition to a zoning assignment. Rezoning the property to a CI-1 with conditions that include features 2 found in the CO-1 zone to allow the transition to less-intensive uses to occur on that property. Thus, creating the intended buffer between residential or parkland uses and more intensive uses. Our concerns can be more specifically stated. CI-1 uses and residential uses don't mix well, and I'm unware of any local parks that border such intensive uses. They are simply not compatible. Fast forwarding to when our hilltop becomes a park, folks may well wonder or ask, "What was the City doing or thinking back in 2023 when they let an intensive commercial use build next to a park? Why did the City allow this to happen? This was all open ground at that time and they had a choice. Other parks in Iowa City are not burdened with this. City Park has the nice Levitz Center and the new Hancher across the street; thank heavens there isn't a warehouse or an auto dealership right next door. It does matter what the adjacent property uses are. CI-1 uses bring more intense traffic, delivery vehicles and tends to be customer driven and must attract them to be sustainable. Attracting customers requires visibility. Large signs, lighting, high profile storefronts and other activities calling attention to the business. These are not compatible with residential or park areas. Outside storage requires intensive lighting. Lights or light noise is also not compatible with residences, even if shielded. It is difficult to stargaze or use a telescope in a park with the glow of security lighting illuminating the sky. We have already had direct experience with these issues. The aerial photo in the application shows the existing car dealership at the corner of Hwy 1 and Mormon Trek that extends east to Dane Road, utilizes outside speakers for paging sales and service staff; light radiates from the tower lights required for security and safety; deliveries are made with large car carriers, visible in the picture on Mormon Trek, that are sometimes unloaded on Eagle View Drive; employee vehicles line the curbs on Eagle View and Grace Drives, also pictured, which make snowplow, mail delivery and emergency access constricted. While both are public streets which allow parking on one side, they are not intended to be used as street storage for cars or for servicing of vehicles. 3 Deliveries or shipments that utilizing forklifts requiring audible back up warning signals. Or vehicle repair that uses compressed air torque tools. Both generating noises that would definitely interrupt a quiet afternoon of reading on the lawn. We ask that zoning conditions be considered for lighting, noise, hours of operation, square footage of outside storage and structure sizes, fully enclosed buildings, location and number of accesses off side streets and visual screening. Preserving this future park as a community asset, we hope it will be a place to take potential recruits for the University in both sports and faculty/staff as well as other potential businesses that may wish to locate in this area. Having parks available for employees to visit with their families is often an attraction when bringing in potential hires. It may serve as a place of tranquility or a mid-day picnic. But only if we protect it from adjacent uses that could spill over and diminish its significance. Commissions, Councils staff and property owners change over time. Therefore, including conditional zoning requirements, reasonable limitations and pre-planning during the re-zoning process will document the agreements and intentions for future. At your convenience, we invite the Commission to come see the future park and experience what I have attempted to describe here tonight. Jane Driscoll 319-333-2991 Granddaughter, George & Marjorie Dane 4 Kellie Fruehling From: Emily Droll <emsersol @hotmail.com> Sent: Wednesday, March 8, 2023 8:44 PM To: *City Council Subject: Proposed Rezoning of Property East of Mormon Trek RIStt **This email originated outside of the City of Iowa City email system.Please take extra care opening any links or attachments. ** Good Evening, My name is Emily Droll, and I am a native Iowa Citian- proud to still call this city my home and a place I have chosen to raise my children. In both my years as a youth, and for those of my children, we have participated in 4-H and have experienced the direct benefit of what the land the Dane homestead has had to offer as a private residence. For decades,they have opened up the property to youth to learn from the land and experience the breathtaking views that are some of the last unobstructed in Iowa City. The Dane farm is the last non man-made place you can watch fireworks with a 360 view! If you haven't been able to experience the view and tranquility the farm has to offer, I'd encourage you to take a visit to the property. I'm sure Janet would welcome you;they are so very proud of their near century farm. The Dane family,as I'm sure you are aware has contributed more than I can list to both Iowa City and Johnson County- with the final act donating this beloved property to be dedicated as a park, so that all citizens and visitors have the opportunity to experience what two generations of my family have been so fortunate to experience.The City has a unique opportunity here to marry the history of this land and it's future as a public space-but to do so must consider the development around it. It saddens me that the council would consider the rezoning of property adjacent to the future park as an Intensive Commercial Zone. To my knowledge,the types of businesses that occupy an Intensive Commercial Zone are not those that are conducive to do business adjacent to park-like settings. For citizens to maximize all that the park has to offer I encourage you to consider the noise and light pollution this type of zoning has been known to create, as well as the additional traffic and safety concerns that could be present dependent on the type of buildings erected. No other city park is situated next to a CI-1. This area of Iowa City is not lacking for other spaces to develop into CIA,or are already under utilized CI-1 zoned spaces. It would not be unreasonable to expect that we look to utilize all other available spaces in this area before resorting to rezoning so close to a future public space. Once developed, we cannot easily walk backwards and undo what has been done. If the council must rezone, I strongly implore significant restrictions be placed on the development to consider the concerns that I and others have raised. I appreciate your time and consideration to this matter. I am confident the planning and zoning commission could develop this area to meet the objectives they wish to accomplish without rezoning this parcel. Emily Droll, MBA Sent from Mail for Windows t Kellie Fruehling From: Linda Dallman <lindadallman@gmail.comn Sent: Saturday, March 11, 2023 11:05 AM To: *City Council Subject: Against rezoning 13 acres west of Dane Road - across from the George Dane property A This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Council Members: My name is Linda Holmes Dallman. My family, Gerald and Pauline Holmes as well as myself and my sister, have spent many wonderful days and evenings on the George and Marjorie Dane property. This 17.5 acre property is an ideal location for Iowa City and Johnson County families to enjoy. There is lots of room to explore as well as beautiful fruit trees that could be and have been a source of food for many families over the years. This is a perfect place to fly kites and sledding is unbelievable as you fly down the hill. What better place to take children, grandchildren and great-grandchildren to have fun and enjoy nature. The proposed intensive Commercial uses will make this area undesirable for families. Traffic, noise and light pollution will increase substantially. Iowa City already has an industrial park. We do not need another one next to a family park. Council Members, I ask you to please think of the city's and county's children whom you represent. Please make this park a go to place in Iowa City and Johnson County. This park will be an asset to all and will encourage new families to move to this area. They will recognize that Iowa City cares about its families. Thank you for your time and consideration. Linda Holmes Dallman 1 Kellie Fruehling From: Jackie Clingan <jclingan75@gmail.com> Sent: Saturday, March 11,2023 5:26 PM To: *City Council Subject: Re:To rezone 13 acres from Commercial Office Zone to Intensive Commercial Zone. A **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** I am just an 82 year old friend of the George& Marjorie Dane family,who is once again having to battle to keep their land as rural land to be loved and cherished. Because of Covid, a group of mostly retired ladies met in this beautiful area that will become the future park. At first it was really nice to safely get together again as friends. But we met many times and the really nice place ... became a beautiful,tranquil and comfortable place to watch the many birds, bees, flowers and squirrels enjoy their home. As Jane Driscoll said at the meeting,"consider what would be the best scenario for both the current use of our property and the future park." I ask that you please protect it. Thank you, Jacquolyn Clingan Y Kellie Fruehling From: L. McCabe <irishdem@aol.com> Sent: Sunday, March 12, 2023 6:17 PM To: *City Council Subject: Iowa City Council rezoning land along Mormon Trek across from George Dane Property R SK **This email originated outside of the City of Iowa City email system.Please take extra care opening any links or attachments. ** Our family has had the privilege of visiting the George &Marjorie Dane home many times. The magnificent views, no matter the time of year, unveil across the scenic Iowa River Valley, the airport, the Iowa City skyline and the rolling hills beyond. The approaching thunder clouds of a spring storm, the warm winds of summer keep the bugs away, geese flying in to land late in the day, the bouquet of fall colored leaves and beautiful sunsets. How fortunate Iowa City residents are that George Dane had the dream to share all of this with the community, where he grew up, became a UI Grad, married locally, left to serve our country, and chose to raise his family and make a life here. He's gone now. But he made a way to give all this to the people of Iowa City, The Iowa City-Coralville Community has always held parks, recreation areas and open spaces in high regard and essential for quality of life. Parks attract new people and are reasons they stay. With the proposed zoning change of the property next to the future Dane Family Park to CI-1,just about anything could end up going there. Please do something so the people of Iowa City can enjoy quality of life through this gift of a park. Don't let it be diminished by letting "just about anything" go in next door. You can make sure that what goes in next door can also benefit from this future park. You know what makes a good neighbor for a park, and You can work with a developer and adjacent owners to condition the site for mutual benefit of all. You can improve the quality of life for the people of this community. Leta McCabe t Kellie Fruehling From: Jane Driscoll <jdriscol@aol.com> Sent: Monday, March 13, 2023 4:04 PM To: *City Council Subject: City Council: Planning &Zoning Item (REZ23-0002) near Future Park RISK **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Hello City Council Members, Thank you for your leadership and service to the Iowa City Community. I wish to bring to your attention a Planning &Zoning Item that will come before you during the next several City Council meetings. Specifically, the property at 4120 Dane Rd. SE, is owned by the George R. Dane Family Trust and has been in our family for nearly 100 years. My grandparents, George and Marjorie Dane, built their home and moved in with two small children and continued to raise their family there. Their estate has provisions for their 17+ acres to become a community park when the family is finished living there in a few years. The Planning &Zoning item that is before you is an application (REZ23-0002)to rezone approximately 13 acres of undeveloped land from Commercial Office Zone(CO-1)to Intensive Commercial Zone(CI-1). This property is immediately west of the future Dane Family Park. As you can image, other planning and zoning discussions have occurred in the time that our family has lived on this hilltop. Each time we have been open and welcoming to the City Council, Commissions and Staff to visit our site and understand how the proposed zoning will impact the future park. Many times, City leaders have taken a field trip visit together in one of the City of Iowa City vehicles. We wish to extend this invitation to you and City Staff to visit this future park. We encourage you to come all the way up to the house and see the views from our hilltop. It is the last undeveloped high point around Iowa City. From this hilltop we can see fireworks from over 6 communities. You can see City High School, many of the downtown buildings, the traffic on Hwy 6 east, and far on the east horizon, the white tank of the gas plant on American Legion Road. Turning to the south and west, the rolling hills of Iowa lend a view of the western horizon that foretell of pending weather,jet trails chasing the sun and vibrant hues of bold colors as the sun disappears each night. To make an informed decision and best understand the impact on this park of rezoning the adjacent properties to a more intensive use, it is important to physically see it for yourselves. Consider it a preview of the park! And while you're there, take a swing on the 16 ft tall swing-set. We would be pleased to have you visit at the Council's convenience by contacting my mother, Janet Driscoll (ftdriscollOaol.com) or me. Thank you for your time and interest. Best Regards, Jane L. Driscoll Granddaughter of George & Marjorie Dane Iowa City Resident 1 Kellie Fruehling From: ftdriscoll@aol.com Sent: Monday, March 13, 2023 6:13 PM To: *City Council Subject: City Council: P&Z item REZ23-0002 rezoning near future park A **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Dear Iowa City Council members, I am Janet Driscoll, the oldest child of George & Marjorie Dane. I live at 4120 Dane RD SE across Dane RD from the recently proposed rezoned property on Mormon Trek. This farm was purchased by my paternal grandparents and has been in our family for almost 100 years. My parents built their home in 1948. 1 grew up here and have the privilege of living here for the past 22 years. This property is the last undeveloped hill overlooking Iowa City. Our family has enjoyed the view that changes with the seasons, had numerous picnics, family gatherings, sledding parties, 4-H club events and have seen Iowa City grow and expand closer and closer. We have always known that at some time the nearby property would be developed and always hoped it would become something compatible or even complimentary to a park. For years Dad talked about wanting to preserve this hill for others to enjoy so in the late 1990's he started working on this process. According to the George R. Dane Family Trust when the family no longer lives on the farm it will be deeded to the Iowa Natural Heritage Foundation for the City of Iowa City to use as a park. We, the family, feel that it's our responsibility to advocate that the property surrounding the future park be conducive for the enjoyment of others. Billion Auto has put in some plantings, lowered lights with shields to protect bright lights from shining outward, however one of the neighboring businesses does not. After Billion opened, we could hear their speakers paging employees and music in the yard and inside the house! In the Summer we couldn't leave the windows open because of the noise. We have ongoing issue with trash. Living on top of a hill the wind blows very hard. We have shown them trash that has blown into the fields, into the row of lilac bushes, and around the house. Several months ago, I phoned about a large gray piece of plastic and was told "we will take care of that right away". That still has not happened! Recently I found an orange SOLD sign at the end of the lane. Dad's dream was to preserve the hill for the future citizens of Iowa City and the surrounding area. The park will be a great go to for walks, sledding, swinging, 1 watching 4th of July fireworks, from four different locations, the 4-H fireworks, star gazing, harvesting apples and grapes, watching airplanes wildlife and relaxing. Now we wonder what will it be like if there is a car dealership built even closer to the farm? Will we be able to enjoy these things as we have for almost 75 years without noise, excessive lights, and garbage? What will happen when this is a park? This is very important to me and obviously I am very passionate about it. My dad worked really hard carrying for the land his whole life and wanted the park for the people of this community to enjoy. Sincerely, Janet Dane Driscoll z I r 1 -4 sit�►'*rrr���- City Council Supplemental Meeting Packet CITY OF IOWA CITY March 20, 2023 Information submitted between distribution of packet on Thursday and 4:00pm on Monday. Late Handout(s): Item 6.d 2023 Park Renovations - See revised item and comment, Council Action report, and resolution. Item 7.a Rezoning - JJR Davis Second Addition and JJR Davis Fourth Addition - See- correspondence eecorrespondence from Jane Driscoll, March 20, 2023 City of Iowa City !�► -,a- City Council Supplemental Meeting Packet ���� CITY OF IOWA CITY March 21, 2023 Information submitted between distribution of late handouts on Monday and 3:00 pm on Tuesday. Late Hando Item 7.a Rezoning - JJR Davis Second Addition and JJR Davis Fourth Addition - See correspondence from Diane Thayer. March 21, 2023 City of Iowa City Item Number: 7.b. CITY OF IOWA CITY COUNCIL ACTION REPORT March 21 , 2023 Resolution setting a public hearing on April 4, 2023 on amending the Fiscal Year 2023 Operating Budget. Prepared By: Nicole Davies, Finance Director Reviewed By: Geoff Fruin, City Manager Fiscal Impact: See memo below. Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Notice of Public Hearing.pdf Resolution_Setting_Public_Hearing_to Amend_FY23_Budget.doc Executive Summary: On April 4, 2023, two public hearings are being scheduled: one hearing will be held to take public input on the proposed amendment of the fiscal year 2023 (FY2023) budget, and one hearing will be held to take public input on the proposed fiscal year 2024 (FY2024) budget. Following the first public hearing, a resolution to amend the FY2023 Operating Budget will be considered. Following the second public hearing, a resolution to adopt the FY2024 Operating Budget and a resolution to approve the FY2023 - 2025 Financial Plan and 2023 - 2027 Capital Improvement Plan document will be considered. The FY2024 adopted budget must be certified by the Johnson County Auditor's office by April 30, 2023. Background /Analysis: The FY2023 - 2025 Financial Plan and 2023 - 2027 Capital Improvement Plan document was made available to City Council and the general public in December 2022. This document included the proposed FY2023 amended budget and the proposed FY2024 budget. This document detailed the proposed and amended budgets as submitted by the City Manager following an extensive budget process. The City Council held public work sessions in January and February 2023 to review and discuss the FY2023 - 2025 Financial Plan and 2023 - 2027 Capital Improvement Plan document. During these budget work sessions, the City Manager and the department directors presented their budget proposals and responded to questions from the City Council. The City Council also clarified and refined their budget priorities during these work sessions. The Resolutions to Amend the FY2023 Budget and to Adopt the FY2024 Budget and related schedules represent the programs and details that were included in the FY2023 - 2025 Financial Plan and 2023 - 2027 Capital Improvement Plan document. The Resolutions and related schedules also include any subsequent changes as directed by the City Council as well as corrections and adjustments identified by City staff. The related schedules for the FY2023 Amended Budget and the FY2024 Budget will be made available to the public on March 21 , 2023 and the Notices of Public Hearing for both will be published on March 23, 2023, in accordance with state law to allow for public input. Fiscal Year 2023 Revised Budget The FY2023 budget amendment presented for City Council approval is the second budget amendment of FY2023. This amendment incorporates all of the programs, changes, and updates presented in the financial plan and capital improvement plan document that was distributed to the City Council and the general public on December 23, 2023. The State of Iowa allows cities to amend the annual operating budget for supplemental appropriation authority. These changes may include new or revised revenue and expenditure projections, transfers between funds, and capital improvement plan changes. Increased expenditures must utilize available fund balance or additional revenue sources, as the State does not allow amendments to increase property taxes. According to the City's financial policies, amendments to operating budgets will be made only in the following situations: • emergency situations • transfer from contingency • expenditures with offsetting revenues or fund balance • carry-over of prior year budget authority for expenses that had not been paid as of the end of the fiscal year. Since the distribution of the plan document, no changes and adjustments were made by City Council and by City staff to the amended FY2023 budget. The proposed budget amendment to the City's FY2023 budget does not increase property taxes or change the property tax levy rate and expenditures are funded from increased revenues or available fund balance. NOTICE OF PUBLIC HEARING-AMENDMENT OF CURRENT BUDGET City of IOWA CITY Fiscal Year July 1,2022-June 30,2023 The City of IOWA CITY will conduct a public hearing for the purpose of amending the current budget for fiscal year ending June 30,2023 Meeting Date/Time:4/4/2023 06:00 PM I Contact: Kellie Fmehling Phone:(319)356-5041 Meeting Location: Emma Harvat Hall,410 E.Washington St., Iowa Cit There will be no increase in taxes.Any residents or taxpayers will be heard for or against the proposed amendment at the time and place specified above.A detailed statement of: additional receipts,cash balances on hand at the close ofthe preceding fiscal year, and proposed disbursements,both past and anticipated,will be available at the hearing. Budget amendments are subject to protest. If protest petition requirements are met,the State Appeal Board will hold a local hearing.For more information, consult htt s://dom.iowa.gov/local-gov-appeals. Total Budget Current Total Budget After REVENUES&OTHER FINANCING SOURCES as Certified Amendment Current Amendment or Last Amended Taxes Levied on Property 1 66,474,472 0 66,474,472 Less: Uncollected Delinquent Taxes-Levy Year 2 0 0 0 Net Current Property Tax 3 66,474,472 0 66,474,472 Delinquent Property Tax Revenue 4 0 0 0 TIF Revenues 5 4,113,733 0 4,113,733 Other City Taxes 61 2,879,845 0 2,879,845 Licenses&Permits 7 2,010,130 0 2,010,130 Use of Money&Property 8 2,598,596 133,800 2,732,396 Intergovernmental 9 44,270,790 3,077,679 47,348,469 Charges for Service 10 50,693,274 -340,251 50,353,023 Special Assessments 11 1,000 0 1,000 Miscellaneous 12 3,676,023 233,862 3,909,885 Other Financing Sources 13 28,531,168 -16,926,000 11,605,168 Transfers In 141 48,900,300 13,765,624 62,665,924 Total Revenues&Other Sources 15 254,149,331 -55,286 254,094,045 EXPENDITURES&OTHER FINANCING USES Public Safety 16 29,570,387 208,355 29,778,742 Public Works 17 12,311,075 0 12,311,075 Health and Social Services 18 680,058 0 680,058 Culture and Recreation 19 17,012,291 49,979 17,062,270 Community and Economic Development 20 31,312,793 -240,516 31,072,277 General Government 21 13,469,306 -7,112 13,462,194 Debt Service 22 12,952,813 218,828 13,171,641 Capital Projects 23 56,474,948 1,046,000 57,520,948 Total Government Activities Expenditures 24 173,783,671 1,275,534 175,059,205 Business Type/Enterprise 25 98,761,894 -9,642,555 89,119,339 Total Gov Activities&Business Expenditures 26 272,545,565 -8,367,021 264,178,544 Transfers Out 27 48,900,300 13,765,624 62,665,924 Total Expenditures/Transfers Out 28 321,445,865 5,398,603 326,844,468 Excess Revenues&Other Sources Over 29 -67,296,534 -5,453,889 -72,750,423 Under Expenditures/Transfers Out Beginning Fund Balance July 1,2022 30 158,528,050 71,862,560 230,390,610 Ending Fund Balance June 30,2023 31 91,231,516 66,408,671 157,640,187 Explanation of Changes:Amendments include the review and modification of the 2023 CIP plan,an adjustment to interest expense within debt service,and various other smaller amendments. Additional detail is on file and available from the Iowa City Finance Department. 03/06/2023 12:48 PM Paae 1 of 1 Prepared by: Nicole Davies, Finance Director,410 E.Washington St., Iowa City, IA 52240(319)356-5085 Resolution No. 23-83 Resolution setting public hearing on April 4, 2023 on amending the Fiscal Year 2023 Operating Budget. Be it resolved by the City Council of Iowa City, Iowa, that a public hearing will be held in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Steet, Iowa City, Iowa, at 6:00 p.m., April 4, 2023, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, to permit any resident to be heard for or against the proposed amendment to the Fiscal Year 2023 Operating Budget. The City Clerk is hereby directed to give notice of said public hearing and time and place thereof by publication in the Iowa City Press-Citizen, a newspaper of general circulation in Iowa City, not less than ten (10) days and not more than twenty (20) days before the time set for such hearing. Passed and approved this 21st day of March , 2023. Ma Approved by A �^ r / Xffi Attest: F''\ l'r` i 1 .�City Clerkj r City Attorney's — 03/10/2023 It was moved by Taylor and seconded by Dunn the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Alter x Bergus x Dunn x Harmsen x Taylor x Teague x Thomas Item Number: 7.c. CITY OF IOWA CITY COUNCIL ACTION REPORT March 21 , 2023 Resolution setting a public hearing on April 4, 2023 to discuss the proposed Fiscal Year 2024 Operating Budget, the proposed three-year Financial Plan for Fiscal Year 2023 - Fiscal Year 2025, and the five-year Capital Improvement Plan 2023 - 2027. Prepared By: Nicole Davies, Finance Director Reviewed By: Geoff Fruin, City Manager Fiscal Impact: See memo below. Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Notice of Public Hearing FY24 Budget.pdf Resolution Setting Public Hearing for FY24 Budget.doc Council Correspondence - Drabek.pdf Executive Summary: On April 4, 2023, two public hearings are being scheduled: one hearing will be held to take public input on the proposed amendment of the fiscal year 2023 (FY2023) budget, and one hearing will be held to take public input on the proposed fiscal year 2024 (FY2024) budget. Following the first public hearing, a resolution to amend the FY2023 Operating Budget will be considered. Following the second public hearing, a resolution to adopt the FY2024 Operating Budget and a resolution to approve the FY2023 - 2025 Financial Plan and 2023 - 2027 Capital Improvement Plan document will be considered. The FY2024 adopted budget must be certified by the Johnson County Auditor's office by April 30, 2023. Background /Analysis: The FY2023 - 2025 Financial Plan and 2023 - 2027 Capital Improvement Plan document was made available to City Council and the general public in December 2022. This document included the proposed FY2023 amended budget and the proposed FY2024 budget. This document detailed the proposed and amended budgets as submitted by the City Manager following an extensive budget process. The City Council held public work sessions in January and February 2023 to review and discuss the FY2023 - 2025 Financial Plan and 2023 - 2027 Capital Improvement Plan document. During these budget work sessions, the City Manager and the department directors presented their budget proposals and responded to questions from the City Council. The City Council also clarified and refined their budget priorities during these work sessions. The Resolutions to Amend the FY2023 Budget and to Adopt the FY2024 Budget and related schedules represent the programs and details that were included in the FY2023 - 2025 Financial Plan and 2023 - 2027 Capital Improvement Plan document. The Resolutions and related schedules also include any subsequent changes as directed by the City Council as well as corrections and adjustments identified by City staff. The related schedules for the FY2023 Amended Budget and the FY2024 Budget will be made available to the public on March 21 , 2023 and the Notices of Public Hearing for both will be published on March 23, 2023, in accordance with state law to allow for public input. Financial Impact: Fiscal Year 2024 Proposed Budget On December 23, 2022, the FY2023 - 2025 Financial Plan and 2023 - 2027 Capital Improvement Plan document was delivered to the City Council and made available to the general public. Since that time, changes and adjustments were made by City staff to the proposed FY2024 budget. The changes to the FY2024 budget are summarized as follows: Final property tax revenue calculations including gas and electric excise taxes and property tax backfill payments: ($1,097,958) General Fund revenue ($382,057) Employee Benefits Fund revenue ($ 22,849) Emergency Levy Fund revenue ($108,534) Transit Fund revenue ($285,578) Debt Service Fund revenue ($1,896,976) Total revenue impact Transfers Out of the General Fund and Transfers In to the Transit Fund were reduced by $108,534. SSMID revenues and expenses increased in the amount of$85,399. Addition of 2.5 FTEs (1 FTE Grants Manager, 1 FTE Human Rights Engagement Specialist & .5 FTE Outreach & Engagement Specialist) increased General Fund expenses by $273,096. 2.25 Mass Transit Operator FTEs were approved in August 2022 but were not included in the draft budget increased both revenues and expenses $189,639 in the Transit Fund. The final proposed property tax levy rate for FY2024 is $15.633 per $1 ,000 of taxable valuation; this is unchanged from the proposed levy rate presented in December. The FY2024 levy rate is unchanged from Iowa City's FY2023 levy rate of $15.663 per $1 ,000 of taxable valuation. From fiscal years 2013 to 2023, the City's property tax levy rate was decreased for eleven consecutive years by a total of$2.21 or 12.38%. 3!7/23, 12:03 PM Local Government Property Valuation System NOTICE OF PUBLIC HEARING—PROPOSED BUDGET Fiscal Year July 1,2023-June 30,2024 City of: IOWA CITY The City Council will cundud a public hearing on the proposed Budget at: Emma Harvat Hall,410 E.Washington St,.Iowa City Meeting Date: 4/4/2023 Meeting Time: 06:00 PM At the public hearing any resident or taxpayer may present objections to,or arguments in favor of,any part of the proposed budget.This notice represents a summary of the supporting detail of revenues and expenditures on file with the City Clerk and County Auditor. City budgets are subject to protest.If protest petition requirements are met,the State Appeal Board will hold a local hearing.For more information,consult Wt s://dean iowa.gov/local-budget appeals. The Budget Estimate Summary of proposed receipts and expenditures is shown below.Copies of the the detailed proposed Budget may be obtained or viewed at the offices of the Mayor,City Clerk,and at the Library. The estimated Total tax levy rate per 1000 valuation on regu m property 15.63305 The estimated tax levy rate per 1000 valuation on Agricultural an is 3.00375 At the public hearing,any resident or taxpayer may present objections to,or arguments in favor of,any part of the proposed budget. Phone Number City Clerk/Finance Officer's NAME (319)356-5041 Kellie Fruchling Budget FY 2024 Re-estimated FY 2023 Actual FY 2022 Revenues&Other Financing Sources Taxes Levied on Property 1 66,312,743 66,474,472 66,604,441 Less:Uncollected Property Taxes-Levy Year 2 0 0 0 Net Current Property Taxes 3 66,312,743 66,474,472 66,604,441 Delinquent Property Taxes 4 0 0 285 TIF Revenues 5 4,083,031 4,113,733 4,016,095 Other City Taxes 6 3,596,467 2,879,845 3,598,527 Licenses&Permits 7 2,033,921 2,010,130 2,798,014 Use of Money and Property 8 3,172,348 2,732,396 2,269,311 Intergovernmental 9 36,115,666 47,348,469 55,513,291 Chmgcs fur Fees&Service 10 51,347,782 50,353,023 48,155,478 Special Assessments 11 1,381 1,000 0 Miscellaneous 12 10,580,520 3,909,885 4,597,708 Other Financing Sources 13 42,980,400 11,605,168 11,202,244 TrarlsfeisIn 14 54,847,195 62,665,924 56,248,706 Total Revenues and Other Sources 151 275,071,454 254,094,045 255,004,100 Expenditures&Other Financing Uses Public Safety 16 30,750,428 29,778,742 27,028,355 Public Works 17 12,745,770 12,311,075 11,015,789 Health mid Social Services 18 696,500 680,058 650,250 Culture and Rewcation 19 17,500,835 17,062,270 15,680,540 Community and Economic Development 20 10,406,420 31,072,277 12,416,470 General Government 21 12,632,164 13,462,194 10,251,158 Debt Service 22 13,210,690 13,171,641 13,185,762 Capital Projects 23 1 31,178,470 57,520,948 19,678,277 Total Government Activities Expenditures 24 129,121,277 175,059,205 109,906,601 Business Type/Enterprises 25 90,987,334 89,119,339 65,222,764 Total ALL Expenditures 26 220,108,611 264,178,544 175,129,365 Transfers Out 27 54,847,195 62,665,924 56,248,706 Total ALL Expenditures/Trarrsfeis Out 28 274,955,806 326,844,468 231,378,071 Excess Revenues&Other Sources Over (Under)Expenditures/Transfers Out 29 115,648 -72,750,423 23,626,029 Beginning Fund Balance July 1 30 157,640,187 230,390,610 206,764,581 Ending Fund Balance June 30 31 157,755,835 157,640,187 230,390,610 https://dom-localgov.ima.gov/budget-renderer?id=14282 1/2 3!7/23, 12:03 PM Local Government Property Valuation System https://dom-localgov.ima.gov/budget-renderer?id=14282 2/2 rl Prepared by: Nicole Davies, Finance Director,410 E.Washington St., Iowa City IA 52240(319)356-5085 Resolution No. 23-84 Resolution setting a public hearing on April 4, 2023 to discuss the proposed Fiscal Year 2024 Operating Budget, the proposed three-year Financial Plan for Fiscal Year 2023 - Fiscal Year 2025, and the five-year Capital Improvement Plan 2023 - 2027. Be it resolved by the City Council of the City of Iowa City, Iowa, that a public hearing on said proposal should be and is hereby set for April 4, 2023, at 6:00 p.m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Steet, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law, to permit any taxpayer to be heard for or against the proposed Fiscal Year 2024 Operating Budget and the proposed Fiscal Year 2023 - Fiscal Year 2025 Financial Plan and also the five- year Capital Improvement Plan 2023 - 2027. Passed and approved this 21st day of March , 2023. IV IY14-4"----- ( Q-41 Approved byAttest: 0 a L p I_ :(J�("( ,L� ZZ_____ � COClerk City Attorney's ffice - 03/10/2023 It was moved by Taylor and seconded by Dunn the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Alter x Bergus x Dunn x Harmsen x Taylor x Teague x Thomas Kellie Fruehling From: Matt Drabek <matt.drabek@gmail.coms Sent: Thursday, March 16, 2023 8:04 AM To: *City Council Subject: Letter on Police Department Budget **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. **Dear Iowa City Council, I'm writing today as a community member to ask you to transfer funds in the upcoming city budget away from the police department and toward real solutions to our community's most pressing needs.As a city,we far too often use the police department as a tool to solve social problems,even though policing is and will always be the wrong tool for the job.You're in a position to help us move away from that. The city's strategic plan lays out your vision for what our problems are and how to solve them. I may not agree with everything in the strategic plan. But when I over it at 30,000 feet, I see enough green fields, clear lines, and neat grids to believe the plan is worth implementing. And as a council,you've done various things in the last 2+years motivated by the desire to implement the plan, change the relationship between the community and the police,and build alternatives to policing.This has taken many forms: 2020's Resolution 20-159,which calls for a reduction in the public's reliance on police, various efforts to hire liaison officers,emergency call diversion,implementation of the new 9-8-8 number, and so on. The city budget is another key piece of this work. How you prioritize funds sends messages to many people and groups-not only to community members who struggle,but also to city staff who implement your vision. Increasing the police budget would send the wrong messages and cut against your earlier efforts. Best, Matt Drabek Iowa City, IA 1 Item Number: 7.d. CITY OF IOWA CITY COUNCIL ACTION REPORT March 21 , 2023 Resolution setting a public hearing for April 4, 2023 to consider the vacation and conveyance of approximately 5,129 square feet of the Grand Avenue Court right-of-way to the Board of Regents State of Iowa for the Use & Benefit of the University of Iowa. (VAC23-00001) Attachments: VAC23-0001 Report w-attachments.pdf Res_Setting_vacation_and_conveyance - Riverside.doc STAFF REPORT To: Planning and Zoning Commission Prepared by: Emani Brinkman, Planning Intern Item: VAC23-0001 and Anne Russett, Senior Planner Date: March 1, 2023 GENERAL INFORMATION: Applicant: University of Iowa Attn: David Kieft 4 Jessup Hall Iowa City, IA 52242 Contact Person: University of Iowa Attn: David Kieft 4 Jessup Hall Iowa City, IA 52242 Owner: City of Iowa City 410 E Washington St. Iowa City, IA 52240 Requested Action: Vacation of the remaining part of Grand Avenue Court Purpose: To incorporate land into proposed redevelopment of the area Location: Northern one-third of Grand Avenue Court Location Map: m1, ! IAIB 17. d oa Amici_-M Size: 5,129 square feet Existing Land Use and Zoning: n/a Surrounding Land Use and Zoning: North Institutional Public Zone (P-2) South Institutional Public Zone (P-2) East: Institutional Public Zone (P-2) West: Institutional Public Zone (P-2) 2 Public Meeting Notification: Property owners within 500' of the subject property received notification of the Planning and Zoning Commission public meeting. Vacation signs were posted on the site at the corner of Grand Avenue Ct and Grand Ave. File Date: January 27, 2023 45 Day Limitation Period: n/a BACKGROUND INFORMATION: The applicant, the University of Iowa, submitted a request to vacate approximately 5,129 square feet of City right-of-way located at the northern one-third of Grand Avenue Court. If granted, the vacation would allow the University to move forward with plans to redevelopment the area. The City vacated the southern portion of Grand Avenue Court in 2002 (VACO2-0003) to the University. ANALYSIS: The following factors are to be considered in evaluating a vacation request: a) Impact on pedestrian and vehicular access and circulation; b) Impact on emergency and utility vehicle access and circulation; c) Impact on access of adjacent private properties; d) Desirability of right-of-way for access or circulation needs; e) Location of utilities and other easements or restrictions on the property; f) Any other relevant factors pertaining to the specific requested vacation. a) Vehicular and pedestrian circulation and access to private property: Grand Avenue Court provides a link between Grand Avenue and Melrose Avenue but only buses, emergency vehicles and Slater Hall service vehicles can access Grand Avenue Court from Grand Avenue and most traffic uses Byington Road and South Grand Avenue, which are configured for circulation around this block. The lack of sidewalks along Grand Avenue Court makes it undesirable for pedestrian traffic. Grand Avenue Court provides the only vehicular access to 124, 122, 120, 121 Grand Avenue Court, and 311 Grand Avenue. All of these properties are owned by the applicant and according to the University will be vacant by June 1 and incorporated into the proposed redevelopment of the area. b) Emergency and utility and service access: To ensure adequate fire and emergency protection, the City requires that prior to the vacation an access easement be established for fire and emergency services. The easement would be released upon approval by the City's Fire Department. The street currently contains private utilities and a City water line. Utilities easements must be retained for these utilities, as well, unless they are relocated, removed, or abandoned. c) Impact on access of adjacent private properties: The University owns all the property adjacent to Grand Avenue Court. There is no impact to private properties. 3 d) Desirability of right of way for access or circulation needs: This street provides very limited connectivity to the larger street system. Staff has determined that there is no need to maintain the right-of-way for access or circulation needs upon redevelopment. e) Location of utilities and other easements or restrictions on the property: Private utilities have been contacted and asked to identify if they have any facilities within the subject right-of-way. The subject right-of-way contains existing public and private utilities. Specifically, Lumen, MidAmerican, and Mediacom have existing utility lines and there is a City water line. The City's water line must be abandoned and a new line established subject to review and approval by the City Engineer or an easement must be established. Additionally, the private utility lines for Lumen, MidAmerican, and Mediacom must either be relocated, removed, or an easement established prior to the vacation. f) Any other relevant factors pertaining to the specific requested vacation: Staff does not believe there are any other relevant factors pertaining to the specific requested vacation. NEXT STEPS: Upon recommendation by the Planning and Zoning Commission, the proposed vacation will be reviewed by the City Council. The City Council will discuss both the proposed vacation and the conveyance. State code allows the City to convey land to other governmental entities without compensation. STAFF RECOMMENDATION: Staff recommends the approval of VAC23-0001 a vacation of the northern one-third of Grand Avenue Court subject to an access easement for fire and emergency protection, private utility easements, City water line easement as described in this report and in forms approved by the City Attorney's Office. ATTACHMENTS: 1. Location Map 2. Zoning Map 3. Vacation Exhibit Approved by: itzma , I P, Development Services Coordinator Department of Neighborhood and Development Services Riverside Dr I D to -All rr � aASA.J-pity '�T_ gyin9ton Rd u - a 10anuany puejq hr i e.. ',� a �• �`� O 7 m u m O w Ii � a f � � a Y7y 'L• 'C �9 ice- C+i cz Lucon F w0 Dr 41 ARM e� A pp Y C++ . U N �I RiversideDr _ H F �S rside Dr p` - ,g_ �s Y S Rvers de�rff " ` LL ;NULr.J 1 Ab `7 C T4s ti �' ' BYin9tonRd a � N a 10 anuany puejq - i . Y O 7 m w u O m N N a � a L m s. ia' m _ �:D cz � c7 Lucon F w Dr 41% A t > O G E • � s''� -_'^ .. .... -'!�=—.-'ter.-:._ � • cn O c � • � v N Y � CZ • o > Y A* z a - z m GRANDAVE Vacation of public right-of-way for Grand Avenue Court �r i a � Z M N d Z D Q f > RLY . U o 1 > > M '6 O � O 6 N 0- (D W ' U N a UO ,U m O U 7 Cm � ra MELROSEAVE 0 rm • A 0 Z Vacation and Conveyance IOWA Grand Avenue Court 0 50 100 200 Map Date: Friday, January 27, 2023 Feet Prepared by:Anne Russett,Senior Planner,410 E.Washington St., Iowa City, IA 52240 Resolution No. 23-85 Resolution setting a public hearing for April 4, 2023 to consider the vacation and conveyance of approximately 5,129 square feet of the Grand Avenue Court right-of-way to the Board of Regents State of Iowa for the Use & Benefit of the University of Iowa. (VAC23-00001 ) Whereas, the University of Iowa, owners of the land surrounding the subject property, have requested that the City vacate an approximately 5,129 square foot portion of right-of-way and convey it to them to facilitate the redevelopment of the area; and Whereas, at its meeting on March 1, 2023, the Planning and Zoning Commission recommended approval of the vacation subject to an access easement for fire and emergency protection, private utility easements, and City water line easement in forms approved by the City Attorney's Office; and Whereas, Staff has determined that this portion of right-of-way serves no benefit to the public and recommends approval of the vacation and conveyance; and Whereas, in the event that Council approves the vacation, it is in the public interest to convey the vacated right-of-way by quit claim deed, subject to utility and access easements, to the abutting property owners, Board of Regents State of Iowa for the Use & Benefit of the University of Iowa. Whereas, State code allows the City to convey land to other governmental entities without compensation; and therefore, the City is not seeking compensation. Now, therefore, be it resolved by the City Council of Iowa City, Iowa, that: 1. The City Council does hereby declare its intent to consider the vacation and conveyance of approximately 5,129 square feet of right-of-way to the Board of Regents State of Iowa for the Use & Benefit of the University of Iowa via quit claim deed, subject to utility and access easements, without compensation. 2. A public hearing on said proposal should be and is hereby set for April 4, 2023, at 6:00 p.m. in Emma Harvat Hall at City Hall, 410 E. Washington Street, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law with the costs assessed to the applicant. Passed and approved this 21st day of March 2023. M R Approved by ATTEST: I ` CITY CLERK tJ City Attor y's Office (Sara Hektoen — 03/09/2023) Resolution No. 23-85 Page 2 It was moved by Taylor and seconded by Dunn the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent Abstain X Alter x Bergus X Dunn x Harmsen x Taylor X Teague X Thomas Item Number: 7.e. CITY OF IOWA CITY COUNCIL ACTION REPORT March 21 , 2023 Resolution setting a public hearing on April 4, 2023 on project manual and estimate of cost for the construction of the Riverside Drive Pedestrian Improvements 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: Scott Sovers, Asst. City Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: Estimated cost of construction is $520,000, available in the Myrtle/Riverside Intersection Signal account#S3933 Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Location Map Project Overview Resolution Executive Summary: This agenda item begins the bidding process for the Riverside Drive Pedestrian Improvements Project. The project generally includes the installation of sidewalk on the west side of Riverside Drive under the Iowa Interstate Railroad Bridge, as well as the installation of street and pedestrian level lighting and street trees from Benton Street to the Iowa Interstate Railroad. The project also includes upgrades to the Riverside Drive storm sewer and sanitary sewer systems between the Iowa Interstate Railroad and Myrtle Avenue, as necessary to support the future Riverfront West Development. The construction costs associated with these upgrades (estimated at approximately $160,000) will be reimbursed by the Riverfront West Developer, Scannell Properties. Background /Analysis: In 2016, the City finalized a streetscape master plan for the South Riverside Drive Corridor from U.S. Highway 6 to Myrtle Avenue. One of the main guiding principles that came out of the plan was prioritizing pedestrian circulation within the corridor. From the guiding principal, specific corridor objectives were developed, which included: Continue with proposed improvements for a pedestrian underpass along the west side of Riverside Drive at Iowa Interstate Railroad. Considering this objective, the City proceeded with a project to install a pedestrian tunnel through the Iowa Interstate Railroad embankment. During the design development phase, plans were provided to the Iowa Interstate Railroad for review and comment. While they understood the importance of the sidewalk connection across their facility, they were not supportive of the tunnel project, as they were concerned the construction of the tunnel may cause track settlement and potentially increase the chances of a train derailment. Given the importance of the sidewalk connection, key stakeholders including City staff, the Iowa Department of Transportation and the Iowa Interstate Railroad collectively developed the proposed sidewalk design concept that eliminated the need for a tunnel through the railroad embankment. This option, as shown on the attached project overview, includes narrowing Riverside Drive and installation of a 4-foot-wide sidewalk between the west Riverside Drive curb line and the railroad bridge abutment. With the sidewalk being close to the vehicular travel lanes due to the limited space, a proposed concrete barrier between the sidewalk and the street was included to allow safe passage of pedestrians within the width- restricted area. It is also important to note this project will construct the proposed sidewalk from its current terminus south of the Iowa Interstate Railroad to approximately 30 feet north of the Iowa Interstate Railroad. The remaining section of sidewalk from the north end of this project to Myrtle Avenue is planned to be installed as a part of the Riverfront West Development. The developer plans to install a temporary sidewalk at this location to provide connectivity during building construction prior to the completion of the permanent sidewalk. The Riverside Drive Pedestrian Improvements Project is expected to be completed in the fall of 2023. _ N 7 "BURLINGTON ST 7 f _ r rxr;r—r�t �Pie..ilrl. "R,� nuu , is z! � . ® + MYRTLE AVE \ ��jidrli� Il� , ,• , a Tp '3 rca. ell IOWA INTERSTATE PROJECT LOCATION RAILROAD f ` titi ` _ BENTON ST—.. •e � ti r - I . CITY OF IOWA CITY DMSONRING RIVERSIDE DR PEDESTRIAN IMPROVEMENTS I fi >U U H 0 U N H z LU w 0 cr a 2 z a W 0 W a LU 0 W 0 N W e.r Prepared by:Scott Sovers,Engineering Division,410 E.Washington St.,Iowa City,IA 52240,(319)356-5142 Resolution No. 23-86 Resolution setting a public hearing on April 4, 2023 on project manual and estimate of cost for the construction of the Riverside Drive Pedestrian Improvements 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 Myrtle/Riverside Intersection Signal account # S3933. 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 4th day of April, 2023, at 6:00 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. 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. 3. 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 21st day of March , 2023 Ma r Approved by Attest: ))C Lc_ ) -)- ;tk.l -- c' City Clerk `' City Attorney' Office (Sara Hektoen —03/16/2023) It was moved by Taylor and seconded by Dunn the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Alter x Bergus x Dunn x Harmsen x Taylor x Teague x Thomas Item Number: 7.f. CITY OF IOWA CITY COUNCIL ACTION REPORT March 21 , 2023 Resolution setting a public hearing on April 4, 2023 on project manual and estimate of cost for the construction of the 2023 Water Pavement Patching 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: Marri Van Dyke, Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $215,000 available in the Water Division Operating Budget, account#73730130 Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Resolution Executive Summary: This item begins the bidding process for the 2023 Water Pavement Patching Project, which includes pavement repairs associated with water main breaks on various streets throughout Iowa City. Types of pavement that need repaired include Portland Cement Concrete (PCC), PCC with Hot Mix Asphalt (HMA) overlay, and full depth HMA. Some locations will also require the removal and replacement of driveway, sidewalk, and/or curb and gutter. Background /Analysis: On average, there are approximately 60 water main breaks in Iowa City each year. Street and sidewalk pavement typically need to be replaced following water main repairs. With limited resources and the emergency nature of the pavement repairs, the City combines the pavement repairs at multiple main break sites into a single project to more efficiently address pavement damage resulting from water main breaks. As additional main breaks occur later this year, those sites will also be added to this project for repair. Project Timeline: Hold Public Hearing —April 4, 2023 Bid Letting —April 26, 2023 Award Date — May 10, 2023 Construction — May to November 2023 Prepared by:Marri VanDyke,Engineering Division,410 E.Washington St., Iowa City,IA 52240,(319)356-5044 Resolution No. 23-87 Resolution setting a public hearing on April 4, 2023 on project manual and estimate of cost for the construction of the 2023 Water Pavement Patching 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 Water Divisions Operating Budget, account #73730130. 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 4th day of April, 2023, at 6:00 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. 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. 3. 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 21st day of March , 2023 Ma L/r-- Approved by / Attest: V.,t E' t tr �')- -�,1 l( %'ILG� City Clerk lJ City Attorne s Office (Sara Hektoen - 03/15/2023) It was moved by Tayl or and seconded by Dunn the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Alter x Bergus Dunn g Harmsen Taylor x Teague x Thomas Item Number: 11.a. CITY OF IOWA CITY COUNCIL ACTION REPORT March 21 , 2023 Resolution approving project manual and estimate of cost for the construction of the Mercer Park Aquatic Center & Scanlon Gym Exterior Accessibility and Lighting Improvements Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Prepared By: Ben Clark, Sr. Engineer Reviewed By: Kumi Morris, Facilities Manager Juli Seydell Johnson, Parks and Recreation Director Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $305,000 available in the Recreation Center Improvements account#R4351 Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Resolution Executive Summary: This project involves exterior accessibility and lighting improvements along the main entrance of the Mercer Park Aquatic Center and Scanlon Gym. Background /Analysis: The original pavement and exterior lighting at the entrance of Mercer Park Aquatic Center and Scanlon Gym was installed in 1988 and are near the end of their useful lifecycles. Additionally, there are deficiencies within the parking and drop-off areas and accessible routes that need to be brought into compliance with the Americans with Disabilities Act (ADA). This project will include signage and the replacement of a limited amount of existing driveway, parking, sidewalk and entrance pavement to bring the parking and accessible routes into compliance with the ADA. Several of the exterior lights no longer work. They cannot be repaired because the ballasts for the original 1999 metal-halide exterior lighting fixtures are no longer available. The fixtures will be replaced with energy efficient LED lighting. Due to potential uncertainty in the bidding environment, staff is recommending that additional necessary, but not critical, improvements to the parking area and perimeter sidewalk be bid as alternates. Add alternate one includes the sidewalk to the south of the site neighboring the parking lot and add alternate two includes all the sidewalk around the north and west portion of the site. This will allow the maximum number of improvements to be included with the project within the existing project budget. Project Timeline: Bid Letting —April 12, 2023 Award Date — April 18, 2023 Construction — May to September 2023 Prepared by:Ben Clark,Engineering Division,410 E.Washington St.,Iowa City,IA 52240,(319)356-5436 Resolution No. 23-88 Resolution approving project manual and estimate of cost for the construction of the Mercer Park Aquatic Center & Scanlon Gym Exterior Accessibility and Lighting Improvements Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Whereas, notice of public hearing on the project manual and estimate of cost for the above- named project was published as required by law, and the hearing thereon held; and Whereas, the City Engineer or designee intends to post notice of the project on the website owned and maintained by the City of Iowa City; and Whereas, funds for this project are available in the Recreation Center Improvements account # R4351. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: 1. The project manual and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to post notice as required in Section 26.3, not less than 13 days and not more than 45 days before the date of the bid letting, which may be satisfied by timely posting notice on the Construction Update Network, operated by the Master Builder of Iowa, and the Iowa League of Cities website. 4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 3:00 p.m. on the 12th day of April, 2023. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 6:00 p.m. on the 18th day of April, 2023, or at a special meeting called for that purpose. Passed and approved this 21st day of March , 2023. May Approved by • Attest: L 11\:. •Ltd C ,� G L�-_ City Clerk City Attorney' Office (Sue Dulek— 03/16/2023) Resolution No. 23_88 Page 2 It was moved by Harmsen and seconded by Alter the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Alter x Bergus x Dunn x Harmsen x Taylor x Teague x Thomas Item Number: 11.b. CITY OF IOWA CITY COUNCIL ACTION REPORT March 21 , 2023 Resolution instituting proceedings to take additional action for the issuance of not to exceed $7,610,000 General Obligation Bonds of the City of Iowa City, State of Iowa (for essential corporate purposes) . Prepared By: Nicole Davies, Finance Director Reviewed By: Geoff Fruin, City Manager Fiscal Impact: Adopted as part of the FY2023 Revised Budget and 2023- 2027 Capital Improvement Program. Staff Recommendation: Approval Commission Recommendations: N/A Attachments: 2023 General Obligation Bonds Project Schedule by Hearing Type.xlsx Iowa City (143) - ECP-1 Hearing Proceedings 2023A GO BONDS .docx Executive Summary: There are four public hearings required for the issuance of the 2023 General Obligation Bonds scheduled for March 21 . Attached is a project schedule by hearing for the 2023 General Obligation Bonds. Background /Analysis: The City issues bonds every spring to fund the current year's capital improvement projects listed in the Five-Year Capital Improvement Program. The City's bond attorney, Kristin Billingsley Cooper, determines the number of bond resolutions required based upon the purpose and classification of the bonds being issued. Iowa state code classifies general obligation bonds as either General or Essential. General obligation bonds classified as General are limited to $700,000 per project and are subject to reverse referendum within 30 days of adoption of the resolution. General obligation bonds classified as Essential do not have a $700,000 project expense cap and are not subject to reverse referendum. The public hearings for the 2023 General Obligation Bond issue have a total combined issuance amount of not to exceed $9,710,000 for projects totaling $9,510,000. The difference between the two amounts is the estimated bond issuance costs. 2023 General Obligation Bonds Project Schedule by Hearing Type General General Purpose-Roof, General Purpose- BAS,Fire Slab, Purpose- Mercer Flooring, Essential Terrill Mill Park Ball Generator, Pro.# Project Name Description Type Purpose Skate Park Diamonds Festival Stage Intall plantings within the Amedcan Legion Amedcan Legion Rd/First Ave Road and Scott Boulevard and the First P3989 Landscaping Project Avenue and Scott Boulevard roundabouts as Streets $ 400,000 well as street trees along American Legion Road from Scott Boulevard to Taft Avenue. Renovate Nature Play Area and replace Kiwanis Park Playground& shelter at Kiwanis Park. Project also adds R4359 Shelter Renovation concrete paths for increased accessibility Parks $ 350,000 and additional opportunities for creek access. Replace picinic shelter and restmoms at Hickory Hill Park Conklin St Imp Conklin Streetentrance to Hickory Hill Park. R4365 &MasterPlan Update Projectalso replaces the parking lot and Parks $ 400,000 driveway. Project also will include an update tothe master Ian. Replace playground at Happy Hollow Park. R4371 Happy Hollow Playground Projectalso includes new concrete paths for parks $ 200,000 Replacement accessibility and improvements tothe baseball field. Hunters Run Park Playground& Replace playground at Hunter's Run Park. R4375 Shelter Project also adds concrete paths for Parks $ 300,000 increased accessibility. Replace the existing Gilbert Street Bridge Gilbert Street Bridge over Ralston Creek. Projectwill also include 53956 removal and replacement ofslope protection, Streets $ 3,175,000 Replacement sidewalk,storm sewer,water main,roadway paving and other related work. Construct sidewalk along High Street S3984 High Street&Southgate Ave between 1801 High Street and Morningside Sidewalks $ 110,000 Sidewalk Infill Drive as well as along Southgate Avenue between 303 and 367 Southgate Avenue. Z4406 Fire Apparatus Replacement Re Iacmentof 3 fire apparatuses. Fire Equipment $ 1,800,000 Approximately 0.8 miles of 10-foot wide from R4387 Willow Creek Trail Replacement Benton Stto Willow Creek Drincluding a Trails $ 700,000 spur of the trail connecting to Aber Ave. Renovation ofskatepark and addition of Terrell Mill Skate Park concrete paths for increased accessibility. R4372 Redevelopment Projectalso will include the addition of a Recreation $ 700,000 bicycle pump track.Enhanced site lighting will also be included. Mercer Park Ball Diamond Implementfield playability and spectator R4374 Improvements enhancements,safety improvements and Recreation $ 700,000 increased accessibility. R4381 Event Facility Improvements Renovate Riverside Festival Stage Buildings $ 300,000 Provides a natural gas generator at the V4447 Animal Shelter Standby Animal Shelterwhich would be able to Buildings $ 110,000 Generator maintain the environment during a power outage. Z4410 Fire Station#1 Carpet/Tile Replace the carpet and tile flooring Buildings lFloorina Re Iacement throughout Fire Stations. $ 85,000 Z4409 Fire Station#1 Apparatus Bay This projectwill reconstmcttue floorslab in Buildings $ 70,000 Slab Reconstruction thea aratus ba of Fire Station 1. Fire Station#2 Roof Design and replace the 2009 patched 24412 Replacement standing seam metal roof above common Buildings $ 110,000 area living quarters. GO Bond 2022 Project Totals $ 7,435,000 $ 700,000 $ 700,000 $ 675,000 $ 9,510,000 Public Hearing Amount $ 7,610,000 $ 700,000 $ 700,000 $ 700,000 $ 9,710,000 b Items To Include on Agenda City of Iowa City, Iowa Not to Exceed$7,610,000 General Obligation Bonds (ECP-1) Public hearing on the issuance. Resolution instituting proceedings to take additional action. Notice Must Be Given Pursuant to Iowa Code Chapter 21 and the Local Rules of the City. March 21, 2023 The City Council of the City of Iowa City, State of Iowa, met in regular formal session, in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 6:00 P .M., on the above date. There were present Mayor Teague , in the chair, and the following named Council Members: Alter. Bergus, Dunn. Harmsen. Taylor. Thomas Absent: None Vacant: None * * * * * * * The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the issuance of not to exceed $7,610,000 General Obligation Bonds, in order to provide funds to pay the costs of the opening, widening, extending, grading and drainage of the right-of-way of streets, highways, avenues, alleys, and public grounds; the construction, reconstruction, and repairing of any street and streetscape improvements, including landscaping and the replacement or planting of trees in public areas, related utility work, traffic control devices, lighting, sidewalks, and the acquisition of real estate for such purposes; equipping the fire department; the acquisition, construction, reconstruction, enlargement, improvement, and repair of bridges, culverts, retaining walls, viaducts, underpasses, grade crossing separations, and approaches thereto; and the rehabilitation and improvement of parks already owned, including facilities, equipment and improvements commonly found in city parks, for essential corporate purposes, and that notice of the proposal to issue the Bonds had been published as provided by Section 384.25 of the Code of Iowa. The Mayor then asked the Clerk whether any written objections had been filed by any resident or property owner of the City to the issuance of the Bonds. The Clerk advised the Mayor and the Council that 0 written objections had been filed. The Mayor then called for oral objections to the issuance of the Bonds and ° were made. Whereupon, the Mayor declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) Whereupon, the Mayor declared the hearing on the issuance of the Bonds to be closed. The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member Thomas introduced and delivered to the Clerk the Resolution hereinafter set out entitled "Resolution Instituting Proceedings To Take Additional Action For The Issuance of Not to Exceed $7,610,000 General Obligation Bonds", and moved: x that the Resolution be adopted. to adjourn and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at .M. on the day of , 2023, at this place. 3 Council Member Bergus seconded the motion. The roll was called and the vote was, Ayes: Alter, Bergus, Dunn, Harmgen, Taylor, Teaplie, Thomas Nays: None Whereupon, the Mayor declared the measure duly adopted. Resolution 23-89 Resolution Instituting Proceedings to Take Additional Action For the Issuance of Not to Exceed$7,610,000 General Obligation Bonds Whereas, pursuant to notice published as required by law, the City Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $7,610,000 General Obligation Bonds, for the essential corporate purposes, in order to provide funds to pay the costs of the opening, widening, extending, grading and drainage of the right-of-way of streets, highways, avenues, alleys, and public grounds; the construction, reconstruction, and repairing of any street and streetscape improvements, including landscaping and the replacement or planting of trees in public areas, related utility work, traffic control devices, lighting, sidewalks, and the acquisition of real estate for such purposes; equipping the fire department; the acquisition, construction, reconstruction, enlargement, improvement, and repair of bridges, culverts, retaining walls, viaducts, underpasses, grade crossing separations, and approaches thereto; and the rehabilitation and improvement of parks already owned, including facilities, equipment and improvements commonly found in city parks, and has considered the extent of objections received from residents or property owners as to the proposed issuance of Bonds; and following action is now considered to be in the best interests of the City and residents thereof Now, Therefore, Be It Resolved by the City Council of The City of Iowa City, State of Iowa: Section 1. That this Council does hereby institute proceedings and take additional action for the authorization and issuance in the manner required by law of not to exceed $7,610,000 General Obligation Bonds, for the foregoing essential corporate purposes. Section 2. This Resolution shall serve as a declaration of official intent under Treasury Regulation 1.150-2 and shall be maintained on file as a public record of such intent. It is reasonably expected that the general fund moneys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above Bonds. The amounts so advanced shall be reimbursed from the proceeds of the Bonds not later than eighteen months after the initial payment of the capital expenditures or eighteen months after the property is placed in service. Such advancements shall not exceed the amount authorized in this Resolution 4 unless the same are for preliminary expenditures or unless another declaration of intention is adopted. Passed And Approved this 21St day of March, 2023. 111,LA.L42-- yor Attest: ))),-4uck_k_t City Clerk 5 Certificate State of Iowa ) ) SS County of Johnson ) I, the undersigned City Clerk of the City of Iowa City, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the records of the City showing proceedings of the Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the Council hereto affixed this 21st day of March , 2023. }} rl City Cle k, City of Iowa CI , State of Iowa (Seal) 02171359-1\10714-143 Item Number: 11.c. CITY OF IOWA CITY COUNCIL ACTION REPORT March 21 , 2023 Resolution instituting proceedings to take additional action for the issuance of not to exceed $700,000 General Obligation Bonds of the City of Iowa City, State of Iowa (for general corporate purposes). Prepared By: Nicole Davies, Finance Director Reviewed By: Geoff Fruin, City Manager Fiscal Impact: Adopted as part of the FY2023 Revised Budget and 2023- 2027 Capital Improvement Program. Staff Recommendation: Approval Commission Recommendations: N/A Attachments: 2023 General Obligation Bonds Project Schedule by Hearing Type.xlsx Iowa City (143) - GCP-2 Hearing Proceedings 2023A GO BONDS.docx Executive Summary: There are four public hearings required for the issuance of the 2023 General Obligation Bonds scheduled for March 21 . Attached is a project schedule by hearing for the 2023 General Obligation Bonds. Background /Analysis: The City issues bonds every spring to fund the current year's capital improvement projects listed in the Five-Year Capital Improvement Program. The City's bond attorney, Kristin Billingsley Cooper, determines the number of bond resolutions required based upon the purpose and classification of the bonds being issued. Iowa state code classifies general obligation bonds as either General or Essential. General obligation bonds classified as General are limited to $700,000 per project and are subject to reverse referendum within 30 days of adoption of the resolution. General obligation bonds classified as Essential do not have a $700,000 project expense cap and are not subject to reverse referendum. The public hearings for the 2023 General Obligation Bond issue have a total combined issuance amount of not to exceed $9,710,000 for projects totaling $9,510,000. The difference between the two amounts is the estimated bond issuance costs. 2023 General Obligation Bonds Project Schedule by Hearing Type General General Purpose-Roof, General Purpose- BAS,Fire Slab, Purpose- Mercer Flooring, Essential Terrill Mill Park Ball Generator, Pro.# Project Name Description Type Purpose Skate Park Diamonds Festival Stage Intall plantings within the Amedcan Legion Amedcan Legion Rd/First Ave Road and Scott Boulevard and the First P3989 Landscaping Project Avenue and Scott Boulevard roundabouts as Streets $ 400,000 well as street trees along American Legion Road from Scott Boulevard to Taft Avenue. Renovate Nature Play Area and replace Kiwanis Park Playground& shelter at Kiwanis Park. Project also adds R4359 Shelter Renovation concrete paths for increased accessibility Parks $ 350,000 and additional opportunities for creek access. Replace picinic shelter and restmoms at Hickory Hill Park Conklin St Imp Conklin Streetentrance to Hickory Hill Park. R4365 &MasterPlan Update Projectalso replaces the parking lot and Parks $ 400,000 driveway. Project also will include an update tothe master Ian. Replace playground at Happy Hollow Park. R4371 Happy Hollow Playground Projectalso includes new concrete paths for parks $ 200,000 Replacement accessibility and improvements tothe baseball field. Hunters Run Park Playground& Replace playground at Hunter's Run Park. R4375 Shelter Project also adds concrete paths for Parks $ 300,000 increased accessibility. Replace the existing Gilbert Street Bridge Gilbert Street Bridge over Ralston Creek. Projectwill also include 53956 removal and replacement ofslope protection, Streets $ 3,175,000 Replacement sidewalk,storm sewer,water main,roadway paving and other related work. Construct sidewalk along High Street S3984 High Street&Southgate Ave between 1801 High Street and Morningside Sidewalks $ 110,000 Sidewalk Infill Drive as well as along Southgate Avenue between 303 and 367 Southgate Avenue. Z4406 Fire Apparatus Replacement Re Iacmentof 3 fire apparatuses. Fire Equipment $ 1,800,000 Approximately 0.8 miles of 10-foot wide from R4387 Willow Creek Trail Replacement Benton Stto Willow Creek Drincluding a Trails $ 700,000 spur of the trail connecting to Aber Ave. Renovation ofskatepark and addition of Terrell Mill Skate Park concrete paths for increased accessibility. R4372 Redevelopment Projectalso will include the addition of a Recreation $ 700,000 bicycle pump track.Enhanced site lighting will also be included. Mercer Park Ball Diamond Implementfield playability and spectator R4374 Improvements enhancements,safety improvements and Recreation $ 700,000 increased accessibility. R4381 Event Facility Improvements Renovate Riverside Festival Stage Buildings $ 300,000 Provides a natural gas generator at the V4447 Animal Shelter Standby Animal Shelterwhich would be able to Buildings $ 110,000 Generator maintain the environment during a power outage. Z4410 Fire Station#1 Carpet/Tile Replace the carpet and tile flooring Buildings lFloorina Re Iacement throughout Fire Stations. $ 85,000 Z4409 Fire Station#1 Apparatus Bay This projectwill reconstmcttue floorslab in Buildings $ 70,000 Slab Reconstruction thea aratus ba of Fire Station 1. Fire Station#2 Roof Design and replace the 2009 patched 24412 Replacement standing seam metal roof above common Buildings $ 110,000 area living quarters. GO Bond 2022 Project Totals $ 7,435,000 $ 700,000 $ 700,000 $ 675,000 $ 9,510,000 Public Hearing Amount $ 7,610,000 $ 700,000 $ 700,000 $ 700,000 $ 9,710,000 Items To Include on Agenda City of Iowa City, Iowa Not to Exceed $700,000 General Obligation Bonds (GCP-2) Public hearing on the issuance. Resolution instituting proceedings to take additional action. Notice Must Be Given Pursuant to Iowa Code Chapter 21 and the Local Rules of the City. March 21, 2023 The City Council of the City of Iowa City, State of Iowa, met in regular formal session, in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 6:00 p .M., on the above date. There were present Mayor Teague , in the chair, and the following named Council Members: Alter. Bergus. Dunn. Harmsen. Taylor. Thomas Absent: None Vacant: None * * * * * * * The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the issuance of not to exceed$700,000 General Obligation Bonds, in order to provide funds to pay the costs of the acquisition, reconstruction, redevelopment and equipping of the Terrell Mill Skate Park, for general corporate purposes, and that notice of the proposal to issue the Bonds and the right to petition for an election had been published as provided by Section 384.26 of the Code of Iowa, and the Mayor then asked the City Clerk whether any petition had been filed in the Clerk's Office, in the manner provided by Section 362.4 of the Code of Iowa, and the Clerk reported that no such petition had been filed, requesting that the question of issuing the Bonds be submitted to the qualified electors of the City. The Mayor then asked the Clerk whether any written objections had been filed by any resident or property owner of the City to the issuance of the Bonds. The Clerk advised the Mayor and the Council that . 0 written objections had been filed. The Mayor then called for oral objections to the issuance of the Bonds and 0 were made. Whereupon, the Mayor declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) Whereupon, the Mayor declared the hearing on the issuance of the Bonds to be closed. The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member Alter introduced and delivered to the Clerk the Resolution hereinafter set out entitled "Resolution Instituting Proceedings To Take Additional Action For The Issuance of Not to Exceed$700,000 General Obligation Bonds", and moved: .� that the Resolution be adopted. to adjourn and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at .M. on the day of , 2023, at this place. 3 Council Member Bergus seconded the motion. The roll was called and the vote was, Ayes: Alter. Bergus. Dunn. Harmsen. Taylor. Teague, Thomas Nays: None Whereupon, the Mayor declared the measure duly adopted. Resolution No. 23-90 Resolution Instituting Proceedings to Take Additional Action For The Issuance Of Not to Exceed $700,000 General Obligation Bonds Whereas, pursuant to notice published as required by law, the City Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $700,000 General Obligation Bonds, for the general corporate purposes, in order to provide funds to pay the costs of the acquisition, reconstruction, redevelopment and equipping of the Terrell Mill Skate Park, and has considered the extent of objections received from residents or property owners as to the proposed issuance of Bonds; and no petition was filed calling for a referendum thereon. The following action is now considered to be in the best interests of the City and residents thereof. 4 Now, Therefore, Be It Resolved by the City Council of the City of Iowa City, State of Iowa: Section 1. That this Council does hereby institute proceedings and take additional action for the authorization and issuance in the manner required by law of not to exceed $700,000 General Obligation Bonds, for the foregoing general corporate purposes. Section 2. This Resolution shall serve as a declaration of official intent under Treasury Regulation 1.150-2 and shall be maintained on file as a public record of such intent. It is reasonably expected that the general fund moneys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above Bonds. The amounts so advanced shall be reimbursed from the proceeds of the Bonds not later than eighteen months after the initial payment of the capital expenditures or eighteen months after the property is placed in service. Such advancements shall not exceed the amount authorized in this Resolution unless the same are for preliminary expenditures or unless another declaration of intention is adopted. Passed and Approved this 21st day of March, 2023. S M Attest: r tAritott,' City Clerk 5 Certificate State of Iowa ) ) SS County of Johnson ) I, the undersigned City Clerk of the City of Iowa City, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the records of the City showing proceedings of the Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. Witness my hand and the seal of the Council hereto affixed this 21st day of March , 2023. 1,ULA City C erk, City of low City, State of Io (Seal) 02171365-1\10714-143 Item Number: 11.d. CITY OF IOWA CITY COUNCIL ACTION REPORT March 21 , 2023 Resolution instituting proceedings to take additional action for the issuance of not to exceed $700,000 General Obligation Bonds of the City of Iowa City, State of Iowa (for general corporate purposes). Prepared By: Nicole Davies, Finance Director Reviewed By: Geoff Fruin, City Manager Fiscal Impact: Adopted as part of the FY2023 Revised Budget and 2023- 2027 Capital Improvement Program. Staff Recommendation: Approval Commission Recommendations: N/A Attachments: 2023 General Obligation Bonds Project Schedule by Hearing Type.xlsx Iowa City (143) - GCP-3 Hearing Proceedings 2023A GO BONDS .docx Executive Summary: There are four hearing required for the 2023 general obligation bond issue scheduled for March 21 . Attached is a project schedule by hearing for the 2023 General Obligation Bonds. Background /Analysis: The City issues bonds every spring to fund the current year's capital improvement projects listed in the Five-Year Capital Improvement Program. The City's bond attorney, Kristin Billingsley Cooper, determines the number of bond resolutions required based upon the purpose and classification of the bonds being issued. Iowa state code classifies general obligation bonds as either General or Essential. General obligation bonds classified as General are limited to $700,000 per project and are subject to reverse referendum within 30 days of adoption of the resolution. General obligation bonds classified as Essential do not have a $700,000 project expense cap and are not subject to reverse referendum. The public hearings for the 2023 General Obligation Bond issue have a total combined issuance amount of not to exceed $9,710,000 for projects totaling $9,510,000. The difference between the two amounts is the estimated bond issuance costs. 2023 General Obligation Bonds Project Schedule by Hearing Type General General Purpose-Roof, General Purpose- BAS,Fire Slab, Purpose- Mercer Flooring, Essential Terrill Mill Park Ball Generator, Pro.# Project Name Description Type Purpose Skate Park Diamonds Festival Stage Intall plantings within the Amedcan Legion Amedcan Legion Rd/First Ave Road and Scott Boulevard and the First P3989 Landscaping Project Avenue and Scott Boulevard roundabouts as Streets $ 400,000 well as street trees along American Legion Road from Scott Boulevard to Taft Avenue. Renovate Nature Play Area and replace Kiwanis Park Playground& shelter at Kiwanis Park. Project also adds R4359 Shelter Renovation concrete paths for increased accessibility Parks $ 350,000 and additional opportunities for creek access. Replace picinic shelter and restmoms at Hickory Hill Park Conklin St Imp Conklin Streetentrance to Hickory Hill Park. R4365 &MasterPlan Update Projectalso replaces the parking lot and Parks $ 400,000 driveway. Project also will include an update tothe master Ian. Replace playground at Happy Hollow Park. R4371 Happy Hollow Playground Projectalso includes new concrete paths for parks $ 200,000 Replacement accessibility and improvements tothe baseball field. Hunters Run Park Playground& Replace playground at Hunter's Run Park. R4375 Shelter Project also adds concrete paths for Parks $ 300,000 increased accessibility. Replace the existing Gilbert Street Bridge Gilbert Street Bridge over Ralston Creek. Projectwill also include 53956 removal and replacement ofslope protection, Streets $ 3,175,000 Replacement sidewalk,storm sewer,water main,roadway paving and other related work. Construct sidewalk along High Street S3984 High Street&Southgate Ave between 1801 High Street and Morningside Sidewalks $ 110,000 Sidewalk Infill Drive as well as along Southgate Avenue between 303 and 367 Southgate Avenue. Z4406 Fire Apparatus Replacement Re Iacmentof 3 fire apparatuses. Fire Equipment $ 1,800,000 Approximately 0.8 miles of 10-foot wide from R4387 Willow Creek Trail Replacement Benton Stto Willow Creek Drincluding a Trails $ 700,000 spur of the trail connecting to Aber Ave. Renovation ofskatepark and addition of Terrell Mill Skate Park concrete paths for increased accessibility. R4372 Redevelopment Projectalso will include the addition of a Recreation $ 700,000 bicycle pump track.Enhanced site lighting will also be included. Mercer Park Ball Diamond Implementfield playability and spectator R4374 Improvements enhancements,safety improvements and Recreation $ 700,000 increased accessibility. R4381 Event Facility Improvements Renovate Riverside Festival Stage Buildings $ 300,000 Provides a natural gas generator at the V4447 Animal Shelter Standby Animal Shelterwhich would be able to Buildings $ 110,000 Generator maintain the environment during a power outage. Z4410 Fire Station#1 Carpet/Tile Replace the carpet and tile flooring Buildings lFloorina Re Iacement throughout Fire Stations. $ 85,000 Z4409 Fire Station#1 Apparatus Bay This projectwill reconstmcttue floorslab in Buildings $ 70,000 Slab Reconstruction thea aratus ba of Fire Station 1. Fire Station#2 Roof Design and replace the 2009 patched 24412 Replacement standing seam metal roof above common Buildings $ 110,000 area living quarters. GO Bond 2022 Project Totals $ 7,435,000 $ 700,000 $ 700,000 $ 675,000 $ 9,510,000 Public Hearing Amount $ 7,610,000 $ 700,000 $ 700,000 $ 700,000 $ 9,710,000 II u Items To Include on Agenda City of Iowa City, Iowa Not to Exceed $700,000 General Obligation Bonds (GCP-3) Public hearing on the issuance. Resolution instituting proceedings to take additional action. Notice Must Be Given Pursuant to Iowa Code Chapter 21 and the Local Rules of the City. March 21, 2023 The City Council of the City of Iowa City, State of Iowa, met in regular formal session, in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 6:00 P .M., on the above date. There were present Mayor Teague , in the chair, and the following named Council Members: Alter, Bergus, Dunn, Harmsen, Taylor, Thomas Absent: None Vacant: None * * * * * * * i The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the issuance of not to exceed $700,000 General Obligation Bonds, in order to provide funds to pay the costs of the acquisition, reconstruction, improvement and equipping of the Mercer Park Ball Diamond, for general corporate purposes, and that notice of the proposal to issue the Bonds and the right to petition for an election had been published as provided by Section 384.26 of the Code of Iowa, and the Mayor then asked the City Clerk whether any petition had been filed in the Clerk's Office, in the manner provided by Section 362.4 of the Code of Iowa, and the Clerk reported that no such petition had been filed, requesting that the question of issuing the Bonds be submitted to the qualified electors of the City. The Mayor then asked the Clerk whether any written objections had been filed by any resident or property owner of the City to the issuance of the Bonds. The Clerk advised the Mayor and the Council that 0 written objections had been filed. The Mayor then called for oral objections to the issuance of the Bonds and 0 were made. Whereupon, the Mayor declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) Whereupon, the Mayor declared the hearing on the issuance of the Bonds to be closed. The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member Bergus introduced and delivered to the Clerk the Resolution hereinafter set out entitled "Resolution Instituting Proceedings To Take Additional Action For The Issuance of Not to Exceed $700,000 General Obligation Bonds", and moved: X that the Resolution be adopted. to adjourn and defer action on the Resolution and the proposal to institute — proceedings for the issuance of bonds to the meeting to be held at .M. on the day of , 2023, at this place. 3 Council Member Harmsen seconded the motion. The roll was called and the vote was, Ayes: Alter. Bergus. Dunn. Harmsen. Taylor. Teague Thomas Nays: None Whereupon, the Mayor declared the measure duly adopted. Resolution No. 23-91 Resolution Instituting Proceedings to Take Additional Action For The Issuance Of Not to Exceed $700,000 General Obligation Bonds Whereas, pursuant to notice published as required by law, the City Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $700,000 General Obligation Bonds, for the general corporate purposes, in order to provide funds to pay the costs of the acquisition, reconstruction, improvement and equipping of the Mercer Park Ball Diamond, and has considered the extent of objections received from residents or property owners as to the proposed issuance of Bonds; and no petition was filed calling for a referendum thereon. The following action is now considered to be in the best interests of the City and residents thereof 4 Now, Therefore, Be It Resolved by the City Council of the City of Iowa City, State of Iowa: Section 1. That this Council does hereby institute proceedings and take additional action for the authorization and issuance in the manner required by law of not to exceed $700,000 General Obligation Bonds, for the foregoing general corporate purposes. Section 2. This Resolution shall serve as a declaration of official intent under Treasury Regulation 1.150-2 and shall be maintained on file as a public record of such intent. It is reasonably expected that the general fund moneys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above Bonds. The amounts so advanced shall be reimbursed from the proceeds of the Bonds not later than eighteen months after the initial payment of the capital expenditures or eighteen months after the property is placed in service. Such advancements shall not exceed the amount authorized in this Resolution unless the same are for preliminary expenditures or unless another declaration of intention is adopted. Passed and Approved this 21 st day of March, 2023. jos r Attest: City Clerk 5 Certificate State of Iowa ) ) SS County of Johnson ) I, the undersigned City Clerk of the City of Iowa City, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the records of the City showing proceedings of the Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. Witness my hand and the seal of the Council hereto affixed this 21 s t day of March 2023. 1) ( 1)) City Clerk, City of Iowa,City, State of Iowa) (Seal) 02171381-1\10714-143 Item Number: 11.e. CITY OF IOWA CITY COUNCIL ACTION REPORT March 21 , 2023 Resolution instituting proceedings to take additional action for the issuance of not to exceed $700,000 General Obligation Bonds of the City of Iowa City, State of Iowa (for general corporate purposes). Prepared By: Nicole Davies, Finance Director Reviewed By: Geoff Fruin, City Manager Fiscal Impact: Adopted as part of the FY2023 Revised Budget and 2023- 2027 Capital Improvement Program. Staff Recommendation: Approval Commission Recommendations: N/A Attachments: 2023 General Obligation Bonds Project Schedule by Hearing Type.xlsx Iowa City (143) - GCP-4 Hearing Proceedings 2023A GO BONDS.docx Executive Summary: There are four hearing required for the 2023 general obligation bond issue scheduled for March 21 . Attached is a project schedule by hearing for the 2023 General Obligation Bonds. Background /Analysis: The City issues bonds every spring to fund the current year's capital improvement projects listed in the Five-Year Capital Improvement Program. The City's bond attorney, Kristin Billingsley Cooper, determines the number of bond resolutions required based upon the purpose and classification of the bonds being issued. Iowa state code classifies general obligation bonds as either General or Essential. General obligation bonds classified as General are limited to $700,000 per project and are subject to reverse referendum within 30 days of adoption of the resolution. General obligation bonds classified as Essential do not have a $700,000 project expense cap and are not subject to reverse referendum. The public hearings for the 2023 General Obligation Bond issue have a total combined issuance amount of not to exceed $9,710,000 for projects totaling $9,510,000. The difference between the two amounts is the estimated bond issuance costs. 2023 General Obligation Bonds Project Schedule by Hearing Type General General Purpose-Roof, General Purpose- BAS,Fire Slab, Purpose- Mercer Flooring, Essential Terrill Mill Park Ball Generator, Pro.# Project Name Description Type Purpose Skate Park Diamonds Festival Stage Intall plantings within the Amedcan Legion Amedcan Legion Rd/First Ave Road and Scott Boulevard and the First P3989 Landscaping Project Avenue and Scott Boulevard roundabouts as Streets $ 400,000 well as street trees along American Legion Road from Scott Boulevard to Taft Avenue. Renovate Nature Play Area and replace Kiwanis Park Playground& shelter at Kiwanis Park. Project also adds R4359 Shelter Renovation concrete paths for increased accessibility Parks $ 350,000 and additional opportunities for creek access. Replace picinic shelter and restmoms at Hickory Hill Park Conklin St Imp Conklin Streetentrance to Hickory Hill Park. R4365 &MasterPlan Update Projectalso replaces the parking lot and Parks $ 400,000 driveway. Project also will include an update tothe master Ian. Replace playground at Happy Hollow Park. R4371 Happy Hollow Playground Projectalso includes new concrete paths for parks $ 200,000 Replacement accessibility and improvements tothe baseball field. Hunters Run Park Playground& Replace playground at Hunter's Run Park. R4375 Shelter Project also adds concrete paths for Parks $ 300,000 increased accessibility. Replace the existing Gilbert Street Bridge Gilbert Street Bridge over Ralston Creek. Projectwill also include 53956 removal and replacement ofslope protection, Streets $ 3,175,000 Replacement sidewalk,storm sewer,water main,roadway paving and other related work. Construct sidewalk along High Street S3984 High Street&Southgate Ave between 1801 High Street and Morningside Sidewalks $ 110,000 Sidewalk Infill Drive as well as along Southgate Avenue between 303 and 367 Southgate Avenue. Z4406 Fire Apparatus Replacement Re Iacmentof 3 fire apparatuses. Fire Equipment $ 1,800,000 Approximately 0.8 miles of 10-foot wide from R4387 Willow Creek Trail Replacement Benton Stto Willow Creek Drincluding a Trails $ 700,000 spur of the trail connecting to Aber Ave. Renovation ofskatepark and addition of Terrell Mill Skate Park concrete paths for increased accessibility. R4372 Redevelopment Projectalso will include the addition of a Recreation $ 700,000 bicycle pump track.Enhanced site lighting will also be included. Mercer Park Ball Diamond Implementfield playability and spectator R4374 Improvements enhancements,safety improvements and Recreation $ 700,000 increased accessibility. R4381 Event Facility Improvements Renovate Riverside Festival Stage Buildings $ 300,000 Provides a natural gas generator at the V4447 Animal Shelter Standby Animal Shelterwhich would be able to Buildings $ 110,000 Generator maintain the environment during a power outage. Z4410 Fire Station#1 Carpet/Tile Replace the carpet and tile flooring Buildings lFloorina Re Iacement throughout Fire Stations. $ 85,000 Z4409 Fire Station#1 Apparatus Bay This projectwill reconstmcttue floorslab in Buildings $ 70,000 Slab Reconstruction thea aratus ba of Fire Station 1. Fire Station#2 Roof Design and replace the 2009 patched 24412 Replacement standing seam metal roof above common Buildings $ 110,000 area living quarters. GO Bond 2022 Project Totals $ 7,435,000 $ 700,000 $ 700,000 $ 675,000 $ 9,510,000 Public Hearing Amount $ 7,610,000 $ 700,000 $ 700,000 $ 700,000 $ 9,710,000 Items To Include on Agenda City of Iowa City, Iowa Not to Exceed $700,000 General Obligation Bonds (GCP-4) • Public hearing on the issuance. • Resolution instituting proceedings to take additional action. Notice Must Be Given Pursuant to Iowa Code Chapter 21 and the Local Rules of the City. March 21, 2023 The City Council of the City of Iowa City, State of Iowa, met in regular formal session, in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 6:00 P .M., on the above date. There were present Mayor Teague , in the chair, and the following named Council Members: Alter, Bergus, Dunn, Harmsen, Taylor, Thomas Absent: None Vacant: None * * * * * * * The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the issuance of not to exceed $700,000 General Obligation Bonds, in order to provide funds to pay the costs of the acquisition, installation, improving and equipping of city facilities and buildings, including the animal shelter, fire stations, and Riverside Festival Stage, for general corporate purposes, and that notice of the proposal to issue the Bonds and the right to petition for an election had been published as provided by Section 384.26 of the Code of Iowa, and the Mayor then asked the City Clerk whether any petition had been filed in the Clerk's Office, in the manner provided by Section 362.4 of the Code of Iowa, and the Clerk reported that no such petition had been filed, requesting that the question of issuing the Bonds be submitted to the qualified electors of the City. The Mayor then asked the Clerk whether any written objections had been filed by any resident or property owner of the City to the issuance of the Bonds. The Clerk advised the Mayor and the Council that 0 written objections had been filed. The Mayor then called for oral objections to the issuance of the Bonds and 0 were made. Whereupon, the Mayor declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) Whereupon, the Mayor declared the hearing on the issuance of the Bonds to be closed. The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member Taylor introduced and delivered to the Clerk the Resolution hereinafter set out entitled "Resolution Instituting Proceedings To Take Additional Action For The Issuance of Not to Exceed $700,000 General Obligation Bonds", and moved: that the Resolution be adopted. to adjourn and defer action on the Resolution and the proposal to institute — proceedings for the issuance of bonds to the meeting to be held at .M. on the day of , 2023, at this place. 3 Council Member Dunn seconded the motion. The roll was called and the vote was, Ayes: Alter. Bergus. Dunn, Harmsen, Taylor, Teague Thomas Nays: None Whereupon, the Mayor declared the measure duly adopted. Resolution No. 23-92 Resolution Instituting Proceedings to Take Additional Action For The Issuance Of Not to Exceed $700,000 General Obligation Bonds Whereas, pursuant to notice published as required by law, the City Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $700,000 General Obligation Bonds, for the general corporate purposes, in order to provide funds to pay the costs of the acquisition, installation, improving and equipping of city facilities and buildings, including the animal shelter, fire stations, and Riverside Festival Stage, and has considered the extent of objections received from residents or property owners as to the proposed issuance of Bonds; and no petition was filed calling for a referendum thereon. The following action is now considered to be in the best interests of the City and residents thereof. 4 Now, Therefore, Be It Resolved by the City Council of the City of Iowa City, State of Iowa: Section 1. That this Council does hereby institute proceedings and take additional action for the authorization and issuance in the manner required by law of not to exceed $700,000 General Obligation Bonds, for the foregoing general corporate purposes. Section 2. This Resolution shall serve as a declaration of official intent under Treasury Regulation 1.150-2 and shall be maintained on file as a public record of such intent. It is reasonably expected that the general fund moneys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above Bonds. The amounts so advanced shall be reimbursed from the proceeds of the Bonds not later than eighteen months after the initial payment of the capital expenditures or eighteen months after the property is placed in service. Such advancements shall not exceed the amount authorized in this Resolution unless the same are for preliminary expenditures or unless another declaration of intention is adopted. Passed and Approved this 21 st day of March, 2023. M r Attest: r. City Clerk ( ) 5 Certificate State of Iowa ) ) SS County of Johnson ) I, the undersigned City Clerk of the City of Iowa City, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the records of the City showing proceedings of the Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. Witness my hand and the seal of the Council hereto affixed this 21st day of March 2023. City erk, City of Io a City, State of o a (Seal) 02171381-1\10714-I43 Item Number: 11.f. CITY OF IOWA CITY COUNCIL ACTION REPORT March 21 , 2023 Resolution authorizing the issuance of $9,710,000 General Obligation bonds, series 2023, and levying a tax for the payment thereof. Prepared By: Nicole Davies, Finance Director Reviewed By: Geoff Fruin, City Manager Fiscal Impact: To be included as part of the Fiscal Year 2024 certified budget and levied as part of the fiscal year 2024 property tax levy. Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Iowa City (143) - Pre-Levy Proceedings 2023A GO BONDS.docx Executive Summary: This resolution approves the levy requirements for the 2023 General Obligation Bonds. When the Bonds are issued, the authorizing resolution will incorporate this levy which will be updated based on the actual rates from the sale. It is essential that the Resolution be adopted and filed with the Johnson County Auditor prior to April 15, 2023. The Resolution must also be adopted and filed prior to certification of the budget. Background /Analysis: The City issues bonds every spring to fund the current year's capital improvement projects listed in the Five-Year Capital Improvement Program. The City Council is scheduled to hold public hearings and direct the sale of the 2023 General Obligation bonds on March 21. The City Council is scheduled to hold hearings and adopt the revised 2023 budget and the proposed 2024 budget on April 4. The necessary City Council actions required to effect the issuance of the 2023 GO Bonds are provided to the City by the City's bond counsel, Kristin Billingsley Cooper of Ahlers & Cooney. This resolution satisfies the levy requirements as required by Iowa Code Chapter 76. Item Number: 11.g. CITY OF IOWA CITY COUNCIL ACTION REPORT March 21 , 2023 Resolution approving preliminary funding recommendations under the American Rescue Plan Act (ARPA)-funded Non-Profit Capacity Building Capital Grant Program. Prepared By: Rachel Kilburg, Asst. City Manager Reviewed By: Geoff Fruin, City Manager Sue Dulek, Ass't. City Attorney Fiscal Impact: The City has been allocated $18,325,190 in ARPA-SLFRF funds. This agenda item would encumber $3 million of those funds, to be authorized for expenditure under a future agenda item. Staff Recommendation: Approval Commission Recommendations: N/A Attachments: 11.28.22 Final Non Profit Capital Funding Request for Statements of Interest.docx Summary of Statements of Interest.pdf NPCG Preliminary Funding Recs Reso 3.21 .23.doc Executive Summary: In December 2022, the City launched a Non-Profit Capacity Building Capital Grant Program using $3 million of American Rescue Plan Act (ARPA) funds. Eight letters of interest (totaling just over $11 million) were received and reviewed by a committee consisting of City staff and two City Council designees. The review committee narrowed down the submissions and invited a set of applicants in for an informational interview. Following this evaluation process, the review committee recommends moving forward with two preliminary funding awards: 1. Free Medical Clinic - $1 million to expand and renovate clinic space and dental operatories and make ADA accessibility improvements. 2. Neighborhood Centers of Johnson County - $2 million to seed acquisition and renovation of a new community center in a targeted neighborhood featuring early childhood education/care space, youth after-school programming space, and family and neighborhood support space. Approval of this resolution will authorize staff to work with each agency to develop a full proposal and corresponding grant agreements, which would again require City Council approval prior to the funding award being made. Background /Analysis: In 2021-22 the City of Iowa City received $18.3 million in American Rescue Plan Act (ARPA) State and Local Relief Funds. After dedicating several months in 2021 to gathering public input, the City Council identified several spending priorities, one of which was a social service needs assessment, capital planning, and related seed funding. After exploring this with other local governments, there did not appear to be mutual interest in pursuing a regional social service needs assessment. With the City Council's direction, in December 2022, City staff prepared and launched a capital grant program for Iowa City-based legacy non-profits geared towards growing capacity to serve our community. The grant program targeted non-operational facility improvements/expansions that would increase an organization's service capacity for the future. $3 million in ARPA funding was allocated to the program, with the intent of funding a small number of grants (1 — 3) with individual awards ranging from $1 million to $3 million. The Request for Statements of Interest detailing the program details and eligibility criteria of the Non-Profit Capacity-Building Capital Grant Program is attached. Due the complex nature of capital grants, the Non-Profit Capacity Building Grant Program followed a modified application process. In mid-December 2022, a Request for Statements of Interest was issued and Statements of Interests were due by January 31 , 2023. The review committee consisted of one representative from the City Manager's Office, three representatives from Neighborhood Services, and two City Council members. Mayor Pro Tem Alter and Councilor Bergus were selected by the larger City Council to serve on the Non-Profit Capacity-Building Capital Grant program review committee. Eight letters of interest (totaling just over $11 million) were received and reviewed based upon the program criteria and ARPA guiding principles previously established by the City Council. A summary of the funding requests submitted is attached. While many compelling projects were submitted, the review committee collectively narrowed down the submissions to invite a set of applicants in for an informational interview to learn more about the project. Interviews were held the last week of February 2023 and the review committee reached consensus to recommend two projects totaling $3 million be further considered for a Non- Profit Capital Grant Program funding award: 1. Free Medical Clinic - $1 million • Project Description: Renovate the lower level to add a reception area and five new exam rooms for specialty care, install an ADA-compliant elevator and renovate the existing stairwell, renovate portions of the lower-level garage space and relocate the two dental operatories from the upper level, and repurpose the former dental operatory space on the main level to add 2-3 additional clinic rooms and administrative office capacity. Overall, the project would result in 7-8 additional clinic spaces, which will enable Free Medical Clinic (FMC) to see more chronic care patients, offer more frequent specialty care, and launch a full dental program. • Justification: FMC staff reported that there is a 3-month waiting list for chronic care patients and a 1-year waiting list for dental. The need is expected to grow in May 2023 when temporary pandemic-related Medicaid expansions expire. Due to the high demand for services and current limited capacity, surveys conducted by FMC revealed that there is a perception in the community that it is too difficult to get into Free Medical Clinic to be seen. Furthermore, these lengthy waiting lists limit the FMC's ability to market their services more widely. The proposed project furthers the City's equity and racial justice priorities since FMC largely serves the uninsured population and many immigrants and refugees. FMC staff report that volunteer practitioners are ready and willing to fill new clinic space and FMC has a strategic goal to add a dentist to the paid staff team. As such, this grant award will enable FMC to not only address immediate capacity issues but also prepare for more robust free medical and dental services for the community in the future. Due to FMC's staffing model, the renovation project would enable immediate capacity growth without adding considerable operating expenditures. • Funding Request/Recommendation: FMC requested a $546,000 award through their initial Statement of Interest. The review committee invited Free Medical Clinic to participate in a project interview. Following this interview, it was apparent to the review committee that FMC's original request was insufficient to meet the community demand for services and that a $1 million award would achieve the transformative, capacity- building intent of the grant program. Preliminary recommended funding award: $1 million. 2. Neighborhood Centers of Johnson County - $2 million • Project Description: Seeds capital campaign to acquire and renovate a new community center located in a targeted Iowa City neighborhood, such as Towncrest. Project features include adding at least 50 early childhood education/childcare slots and six classrooms, satellite public library space, a computer lab classroom for adult and youth educational programming, large multi-purpose space with kitchen, after-school classrooms for youth development programming, a welcoming lobby with public computer access, social gathering areas, and partnership food pantry, and private meeting rooms and offices for staff and community partners to render services. The project is designed to be scaled and phased based upon capital campaign outcomes. • Justification: The proposed project responds to several public health, social, educational, childcare, and economic inequities that were accelerated by the COVID-19 pandemic. Additionally, the proposed project aligns with several, if not most, of the Iowa City Strategic Plan values and impact areas. Neighborhood Centers of Johnson County (NCJC) is in their 50th year of providing family support, early childhood education, youth development, and community engagement in targeted neighborhoods. Over the last 18 months, NCJC staff, board members, and community partnerships have been researching and developing plans for acquiring and renovating a new Iowa City-based community center to meet the growing need of the families they serve. By locating the new community center in a targeted neighborhood in need, such as Towncrest, NCJC will add childcare slots for families who receive state childcare assistance, build capacity for middle- and high-school programming, provide satellite public library space, create computer-skills learning opportunities, and provide space for other community partnerships. Additionally, the center will help serve as a neighborhood organizing and engagement hub, as demonstrated by NCJC's recent partnership with the City to organize and launch the Wonderful Westside neighborhood association. NCJC's capital and operational funding models allow the project to be scaled and phased over time, so the City's grant award can be immediately applied towards the capacity-building capital project even if the full scope of operational programming is phased in over several years. • Funding Request/Recommendation: NCJC requested a $3 million award to seed the capital campaign that would ultimately fund the project. Following an informational interview, the review committee recommends a lower funding award in order to accommodate multiple, transformative funding awards, though we recognize this places a larger fundraising burden on NCJC to complete the project. Preliminary recommended funding award: $2 million. Next Steps Staff and the City Council designees recommend moving forward with the preliminary funding awards of $1 million to Free Medical Clinic for renovation and expansion of clinic spaces and dental operatories and $2 million to Neighborhood Centers of Johnson County for the acquisition and renovation of a new community center in a targeted neighborhood location. Upon City Council approval of this resolution and preliminary funding recommendations, staff will work with each agency to develop a full proposal and corresponding grant agreements, which will be brought back before council for final approval before the funding award is made. r � 'III All t A II�WI2 RTA CITY OF IOWA CITY UNESCO CITY OF LITERATURE Request for Statements of Interest Non-Profit Capacity Building Capital Grants Funding Made Possible Through the American Rescue Plan Act (ARPA) State and Local Relief Fund Issued: December 7, 2022 Submittals Due: January 31, 2023 (4:00 p.m.) Purpose The City of Iowa City aims to assist Iowa City based non-profits expand capacity to serve the public through capital grants. Grants will be limited to capital expenditures (non-operational)and may include land or property acquisition, facility renovations/expansions and associated soft costs. Eligibility Applicants must meet the following eligibility requirements: • Considered a Legacy Agency through Iowa City's annual Aid to Agencies granting process • Have a primary mission to serve the community in the fields of housing, food security, healthcare (including mental healthcare), and/or youth services (including childcare). • Meet Iowa City Legacy Agency financial reporting standards • Physically located in Iowa City at the time of submission Grant Requirements The City expects to award approximately$3 million in capital grants through this process. Individual grant awards are expected to be between $1 and $3 million, however the City retains the right to determine specific award amounts through the Statement of Interest process. Grantees will be required to meet all applicable federal, state, and local requirements related to the proposed project and funding sources. Successful grantees will demonstrate an ability to leverage City grant funds with other sources in order to carry out the project with all funds being expended by October 31, 2026. Project details must include how the funds will increase the agency's capacity to serve the public. The City encourages applications that clearly demonstrate partnerships between multiple service providers and funding sources through the submission of letters of support. Statement of Interest Submission Requirements To be considered for funding, completed Statement of Interests must be emailed to neighborhoods@iowa- city.org or delivered in person. Emailed applications must receive a confirmation email from City staff before the application deadline to be considered for funding. If applying in person (City Hall, Neighborhood Services 410 E. Washington Street, Iowa City), make arrangements with a Neighborhood Services representative to ensure receipt before the deadline. Please call 319.356.5237 to make drop off arrangements prior to arrival. Submissions due by 4:00 PM,Tuesday,January 31, 2023. All Statements of Interest submittals must provide the following: 1. Cover letter identifying the lead applicant and if any co-applicants. Include lead organization's name, address, and the address of the project site (if known). Provide contact information (name, title, phone, and email) for the staff member leading the project and a general description of the project. Include the purpose, benefits, and specific goals of the project. Demonstrate how the project serves those in need of housing,food security, healthcare (including mental health) and/or youth services (including childcare). 2. Description of how the project builds community resiliency following the COVID-19 pandemic by building capacity to serve residents of the community. Specific estimates on additional services provided as a result of the project should be submitted. 3. Provide a project budget. Include how much in City assistance you are requesting and identify both the proposed sources and uses of funds for the total project. Identify if funds have been committed by each funding source. 4. A preliminary timeline for execution of the project, including a date no later than October 31, 2026 when the project is estimated to be completed. 5. Most recent audit or financial statements in accordance with the City's Aid to Agency Audit Policy(see attached). 6. Experience managing city, state or federal grant funds and demonstrated capacity to manage large grant awards. 7. A description of all work related to the project that has been completed to date, if any, including any secured funding, contracted professional services, property, or land acquisition, etc. 8. Any other information, including letters of support, the submitting agency deems appropriate. Evaluation Process All Statements of Interest that meet eligibility requirements will be evaluated by an internal team of City officials, including representatives of City staff and City Council. The team, at their discretion, may interview one or more of the submitting agencies to gather more information or clarify project intent or detail. The City team will recommend to the City Council that the City work directly with one or more of the submitting agencies to develop a full proposal based on the preliminary funding recommendations for each project. Upon initial approval by the City Council, City staff will work with the selected agency(ies)to develop comprehensive proposals and corresponding grant agreements for final City Council consideration. Additional Questions Questions regarding this Request for Information can be directed to Cassandra Gripp, Grant Specialist, Neighborhood and Development Services, at (319) 356-5237 or CGripp@iowa-citv.orQ. Aid to Agencies Audit and Financial Management Policies Audit Policy (Council approved 10-25-18): An audit or review by an independent certified public accountant in accordance with Generally Accepted Auditing Standards (GAAS) is required, based on the agency's total annual budget for the funded year: • Less than $100,000— In-house year-end financial statement signed by Agency Director and Board President. Submitted to the City within 30 days from the end of the City's fiscal year (July 1-June 30); • $100,001-$499,999— Review by certified public accountant annually. Submitted to the City within 30 days of receipt; and $500,000 and over—Audit level statement, annually. Submitted to the City within 30 days of receipt. Financial Management: Each agency should have an adequate financial management system sufficient to: • Provide effective control over and accountability for all funds, property and other assets. • Maintain accounting records that adequately identify the source and application of the City funds provided to them. Access/Retention of Records The agency shall maintain the agreement and all financial records as it pertains to the City funds provided for at least five years after the close-out of the grant. Duly authorized representatives of the City shall at all reasonable times, have access to and the right to inspect, copy, audit, and examine all financial books, records, and other documents of the funded agency, and to make site visits and survey participants to evaluate and monitor the Agency's programs. Site visits and participant surveys shall be done only after consultation with the Agency Director. 0 0 0 0 0 0 0 0 0 3 N N M Q V1 in aA 00 C C J LL W O 0 0 0 O O O o0 N O 0 0 0 O O O N i0 O 0 0 0 O O I� M i0 O 0 0 0 O O V O W O O O tp O O I� N u* @ @ Y u O Q N CO_ @ E X YO @ 0 0 O '— 01 E C L U � U@ w @@ 1 C w 3 E@ 41 N 3 O fl- ry — `� @ E > in ,0 O . _ O _Y u O m N V w > 3 N N 'O v= . @ 2 @ @ O 0 yT.. @ T O Q E 0 1 > > U O N T C O1 @ >O @ @ @ UO D @ y @ a+ N r+ F, � C L O 00 3 E o@ ,V 0 v E@ w o C @ N O N E C U E U o W'— 0 3 E@ E Q v Q w@ > E@ 3 @ > u o a o u " > E L E o L 'u v@ O a fl- o 0 a -o > H @ O O Y > > U @ O O1 £ m @ Q K @ > i u_ v N C a 6 w Y Q C W Q � � i 2 � O Q K to e 0 H N m @ u 0q .� C OO @ E E 1 Y E E E ^ E E @ < @ Y N 0 u DZ � 2 vLiI IH Prepared by: Rachel Kilburg, City Manager's Office,410 E. Washington St., Iowa City, IA 52240(319)356-5230 Resolution no. 23-94 Resolution approving preliminary funding recommendations under the American Rescue Plan Act (ARPA)-funded Non-Profit Capacity Building Capital Grant program. Whereas, the U.S. Department of Treasury allocated the City funds through the State and Local Fiscal Recovery Fund ("SLFRF") as part of the American Rescue Plan Act (aka, ARPA) to meet local needs; and Whereas, federal regulations permit the City to make subawards with SLFRF funds for the purpose of carrying out an eligible use under the SLFRF program; and Whereas, impacts from the COVID-19 pandemic have significantly increase service demand from these agencies in Iowa City and elsewhere; and Whereas, to address capital and facility needs to respond to this demand, Council directed City staff to conduct a Request for Statements of Interest for eligible non-profit agencies to apply for $3 million of Non-Profit Capacity Building Capital Grants; and Whereas, the City of Iowa City received over $11 million in requests for ARPA Non-Profit Capacity Building Capital Grant funds; and Whereas, City staff and Council designees have evaluated applicants and made preliminary funding recommendations for the allocation of the $3 million of Non-Profit Capacity Building Capital Grant funds. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The preliminary funding recommendations consisting of $1 million for Free Medical Clinic and $2 million for Neighborhood Centers of Johnson County are hereby adopted. 2. Staff are authorized to proceed with preparing full project proposals and corresponding SLFRF Subrecipient Grant Agreements with each entity, to be brought back before City Council for approval at a future formal meeting. Passed and approved this 21 s t day of March 2023. lIsvti„se__ koLE)-\_51-- Mayor Approved b. J V" Z Attest: ' p CitY Clerk ,, City Attorney's ffice (Sue Dulek- 03/14/2023) Resolution No. 23-94 Page 2 It was moved by Dunn and seconded by Alter the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent Abstain X Alter X Bergus X Dunn X Harmsen x Taylor x Teague X Thomas Item Number: 11.11h. CITY OF IOWA CITY COUNCIL ACTION REPORT March 21 , 2023 Resolution Adopting the Racial Equity and Social Justice Grant Allocations for Fiscal Year 2023. Prepared By: Stefanie Bowers, Human Rights Coordinator Reviewed By: Geoff Fruin, City Manager Sue Dulek, Assistant City Attorney Fiscal Impact: $100,000.00 Staff Recommendation: Approval Commission Recommendations: The Human Rights Commission by a 5-0 vote recommends to the City Council the following organizations for funding: Great Plains Action Society, Wright House of Fashion, Neighborhood Centers of Johnson County, Community Crisis Services, Natural Talent Music, AI-Iman Center of Iowa, Center for Worker Justice of Eastern Iowa, and Houses into Homes. Attachments: SJRE resolution 2023 SJRE allocations Exhibit A .pdf Executive Summary: The Human Rights Commission recommends full funding for Great Plains Action Society, Wright House of Fashion, Neighborhood Centers of Johnson County, and partial funding and Community Crisis Service, Natural Talent Music, AI-Iman Center of Iowa, Center for Worker Justice, and Houses into Homes. Background /Analysis: This grant opportunity is available to Iowa City-based organizations, both non and for-profit, with the purpose of encouraging, empowering, and engaging racial equity and social justice initiatives through programs, activities, or services that help eliminate inequities in the Iowa City community.The City Council established the grant in 2017. Programs that address one or more of the six priority service areas receive preference: Building Communities, Criminal Justice, Education, Employment, Health, and Housing.The Human Rights Commission reviews applications and then forwards its recommendations to the City Council for review and approval. Grant requirements: • The organization must be physically located in Iowa City. • The proposal should seek to eliminate inequity in the community (individual, institutional, or structural). • The proposal must be a new project. Exception, organizations previously funded in the last grant cycle may reapply for the same project to be funded for one additional grant cycle. • Governments, public schools, and colleges/universities cannot be primary applicants. • Applicants can request no more than $25,000. • There are no restrictions on whether applicants are for-profit or not-for-profit. Applications were received from December 1, 2022, to January 6, 2023. Twenty submissions were received. A subcommittee of the Commission met on February 23, 2023, to look over the grants, and a formal decision and recommendation was made at the Commission's February meeting date on the 28th. Great Plains Action Society: Great Plains Action Society will partner for the seventh annual, Truthsgiving. A night of truth-telling, music, and laughter celebrating Indigenous culture and history and uplifting the good in Thanksgiving, which is about family, being thankful and celebrating the harvest season. It is also a celebration of Indigenous culture & history and a time, to tell the truth about current issues our community faces. It decreases the erasure and racism that indigenous folks face in Iowa City as well as provides folks with a true understanding of what Thanksgiving is about but does not cancel the idea. Wright House of Fashion: Wright House of Fashion will put together a social justice, racial equity fashion experience called the Big Dream Fashion Festival. The Big Dreams Fashion Festival will offer an entertaining, family-friendly, fun, and diverse community experience. The festival will be an opportunity to foster healthy relationships in the diverse community and promote overall community solidarity. The festival will highlight BIPOC and LGBTQIA+ youth as future leaders in the community. The festival will be an excellent venue for the people of Iowa City to have fun in a safe and entertaining way while learning more about racial and social justice, fashion, and the opportunities available for people who have an interest in pursuing careers in fashion and design. The project includes four weeks of model and designer training before the fashion show. These workshops will provide the training to be a commercial, walkway, editorial, and professional model. Each of the participants from the workshops will participate in the Big Dream Fashion Festival. Neighborhood Centers of Johnson County (NCJC): CommUNITY University (Pilot Program) is a neighborhood-level approach that embodies all three of the Better Together 2030 guiding principles: "REPRESENTATIVE LEADERSHIP to dismantle systemic inequity and deepen a culture of inclusion and belonging COLLABORATION among public, private, nonprofit, neighborhood and University players to develop innovative scaled solutions GROWTH MINDSET with the willingness to try new things —because growth and skill are improved with effort and persistence Use Circles, Strategic Doing, Collective Impact, and other participatory models to identify and empower solutions at the most local level. This pilot program will launch at NCJC Pheasant Ridge Neighborhood Center alongside the establishment of a Pheasant Ridge/Westwind neighborhood association. NCJC will coordinating and host six (6), 5-week cohort learning experiences that utilize elements of the Truth, Racial Healing, and Transformation (TRHT) framework for participants to "heal from the wounds of the past, to build a mutually respectful relationship, across racial and ethnic lines that honor and value each person's humanity, and to build trusting intergenerational and diverse community relationships that better reflect our common humanity." This framework, expert facilitation, and collaborative nature of CommUNITY University support the building of relationships, connecting of people, and expanding circles of engagement needed for overcoming racial division and isolation, developing emerging neighborhood leadership, and building both personal and political will. Community Crisis Services: Often, immigrants face health challenges and cardiovascular risks after relocating to America, because they are forced to adjust to new foods that have higher carbohydrates and more preservatives. (United Way of Olmsted County) Access to culturally appropriate foods, such as mas, dry rice, dry beans, and fresh fruits and vegetables, can help sustain health by maintaining a more familiar, traditional diet and also help immigrants and descendants of immigrants maintain their cultural identities. Community Crisis Center will partner with two minority-owned businesses in Iowa City that distribute African and Mexican foods—Alcapulco Mexican Bakery & Grocery Store and Modina African Market. The grant funding would allow Community Crisis Services to source $1 ,000 each month from each business for a year (totaling $24,000). If awarded, Community Crisis Services will seek out matching funds to double the amount of food we purchase from each of these vendors. The goal is for this initiative to result in $48,000 worth of purchases from minority-owned businesses in Iowa City's South District while also supporting the health and cultural identity of food-insecure individuals in our area. Natural Talent Music: This project strives to uncover and nurture artistic talent and expression within the South District area in Iowa City especially focusing on people of color and international origins. This project strives to expand the diversity of performers, styles of music, and venues in which entertainment is presented in Iowa City. The project has 3 stages: A. Incubation of up and coming talent. B. Concert Series. C. Community Celebration Festival. AI-Iman Center of Iowa: The 1,000 Book Nook project aims to offer an alternative narrative for the children in our community. This children's' mini library at AI-Iman Center will serve our young children (5-14 years of age) throughout the years at no cost to them. Fiction, non-fiction, and bilingual books will be carefully selected to provide our children with the opportunity to read and learn about characters and stories similar to themselves. AI-Iman Center currently has a collection of 250 books that were donated over the course of the past 4 years, but with the grant, AI-Iman Center is hoping to make a significant difference by growing the collection to 1,000 books and greatly increasing the accessibility of the children to the mini-library. Center for Worker Justice of Eastern Iowa (CWJ) : As part of the Community Technology and Education Improvement Initiative, CWJ will purchase a SMART Board for our newly built computer lab and hire instructors to host free educational workshops for Iowa City community members. The SMART Board will play an essential role in many of CWJ's educational initiatives. CWJ will use the SMART Board in English as a Second Language (ESL) workshops, tutoring program, and most workshops including entrepreneurship and computer literacy workshops. CWJ will host 12 computer literacy workshops that will be taught in English, but the instructors we will hire will be bilingual. The bilingual instructors will allow us to have 4 workshops for Spanish/English speakers, 4 for Arabic/English speakers, and 4 for French/English speakers. Houses into Homes: While the substance of our volunteer academy has remained the same, as planned last year Houses into Homes convened an advisory committee over the summer to help create the Youth Volunteer Academy (YVA). This group met twice, in June and July, and they formed a curriculum subcommittee, which met three times and created a weekly curriculum that incorporates Houses into Homes' work turning shelter into a home. The curriculum also visits important topics connected to social justice, starting with trust- building and an examination of identity. Other topics are stereotypes/prejudice, ACES; historical systems of oppression; the power of language; cycles of poverty, eviction, domestic violence; privilege; equity/inequity; microaggressions, and implicit bias. The vision of the YVA is to foster social justice-centered leaders, and the academy will end with students writing their personal mission and vision statements. Prepared by:Stefanie Bowers, Human Rights Coordinator,Office of Equity&Human Rights,410 E.Washington St., Iowa City, IA 52240(319) 356-5022. DEFERRED TO 4/4/2023 Resolution No. Resolution Adopting the Racial Equity and Social Justice Grant Allocations for Fiscal Year 2023 Whereas, the City Council approved funding in the fiscal year 2023 budget for Racial Equity and Social Justice ("RESJ") Grants for community-based organizations to build capacity to address social justice and racial equity; and Whereas, the City has disseminated the RESJ Grant applications to Iowa City organizations; and Whereas, the City has received 20 applications for the RESJ Grant for fiscal year 2023; and Whereas, the Human Rights Commission held a meeting to discuss and review applications regarding the allocation of funds for the RESJ Grant for fiscal year 2023; and Whereas, the Human Rights Commission has recommended that the allocations set forth in Exhibit A be approved; and Whereas, the City Council finds that the RESJ Grant allocations have a public purpose and the public interest will be served by the adoption of the fiscal year 2023 RESJ Grant allocations. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The allocation of fiscal year 2023 RESJ Grant funds attached hereto as Exhibit A is hereby approved and adopted. 2. The City Manager or designee is hereby authorized to execute, terminate, or amend RESJ Grant agreements executed in connection with the allocation of public funds. Passed and approved this day of , 2023. Mayor Approved by Attest: City Clerk City Attorney's Office (Sue Dulek— 03/13/2023) It was moved by and seconded by the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: Alter Bergus Dunn Harmsen Taylor Teague Thomas EXHIBIT A Great Plains Action Society $6,000.00 6000 Wright House of Fashion $25,000.00 25000 Natural Talent Music $23,725.00 14500 AI-Iman Center of Iowa $15,000.00 7500 Center for Worker Justice of Eastern Iowa $13,528.80 7000 Houses Into Homes $15,000.00 10000 Community Crisis Services $24,000.00 14500 Neighborhood Center of Johnson County $15,500.00 15500 Help Hope and love Foundation $25,000.00 0 Iowa City Area Development Group $25,000.00 0 Iowa City Area Business Partnership $23,500.00 0 Immigrant Analytics $16,175.00 0 Better Together 2030 $18,500.00 0 Sudanese American Community Services in Iowa $10,000.00 0 Systems Unlimited $5,823.00 0 Enihakole Ministries $20,965.00 0 African Resources Center International $24,000.00 0 IC Compassion $22,250.00 0 I.C. Pilates $25,000.00 0 $329,966.80 $100,000.00