HomeMy WebLinkAbout2023-07-11 ResolutionAttachments:Resolution
Item Number: 5.c.
July 11, 2023
1. Cigarette Permit for Mini Paradise, dba Mini Paradise 2, 125 S. Dubuque St.
Prepared by: City Clerk's Office,410 E.Washington St.,Iowa City,IA 52240(319)356-5043
Resolution Number: 23-188
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:
Mini Paradise 2 — 125 S. Dubuque St.
Passed and approved this 1 1 rh day of Jul y , 20 23 .
-taa&-A-e
' J Approved by
Attest: 1/ -144-1---1P f�� (P fit h
City Clerk , % C ty AL orney's Office
It was moved by Dunn and seconded by Thomas 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
Prepared By:Kellie Fruehling, City Clerk
Reviewed By:Eric Goers, City Attorney
Fiscal Impact:None
Staff Recommendation:Approval
Commission Recommendations:N/A
Attachments:Resolution
Item Number: 6.b.
July 11, 2023
Resolution setting Meeting Participation Requirements for City Board, Commission and
Committee members.
Executive Summary:
This resolution provides uniformity of position on meeting attendance for all City Boards and
Commissions.
Background / Analysis:
The City Attorney's Office has long held that unless a physical meeting is "impossible or
impractical", as required by Iowa Code section 21.8, a quorum of all members of the
governmental body must be physically present at the meeting. There has been recent
interest by at least one Board in exploring a return to electronic meetings. This resolution will
provide uniformity of direction for City Boards and Commissions, including to boards
represented by independent counsel.
'b
Prepared by: Eric Goers, City Attorney,410 E.Washington St., Iowa City, IA 52244,319-356-5030
Resolution number: 23-189
Resolution setting Meeting Participation Requirements for City Board,
Commission and Committee members
Whereas, during the period of greatest transmittal risk of COVID-19, the City Council
hosted electronic meetings to decrease risk of spread; and
Whereas, Council directed all City Board and Commissions to do the same; and
Whereas, transmission rates of COVID-19 later fell, and Council began to meet in person,
maintaining an option for those who wished to participate electronically; and
Whereas, Council believes that in-person meetings allow for the best discussion of
government business, for both Council meetings and those of Boards and Commissions;
and
Whereas, uniformity of this stance provides benefits Council wishes to offer to all residents.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that
1. All Iowa City Board and Commission meetings shall include a quorum of members
physically present for the meeting; and
2. In the event the Mayor concludes an in-person meeting is impossible or impractical,
consistent with Iowa Code section 21.8, as amended, the Board(s) or
Commission(s) in question may meet electronically.
Passed and approved this 11th day of July , 2023
Maya
Approved by
Attest:
City Clerk City Attor y's ffice—07/03/23
Resolution No, 23-189
Page 2
It was moved by Dunn and seconded by Thomas 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
Prepared By:Sarah Gardner, Climate Action Coordinator
Reviewed By:Rachel Kilburg, Assistant City Manager
Geoff Fruin, City Manager
Eric Goers, City Attorney
Fiscal Impact:Funds for this purchase are available in the Emergency
Levy, Account #24210610-432060.
Staff Recommendation:Approval
Commission Recommendations:N/A
Attachments:Resolution
Agreement
Item Number: 6.c.
July 11, 2023
Resolution authorizing the procurement of a Fleet Analysis and Electric Vehicle Transition
Plan.
Executive Summary:
On January 29, 2023, a Request for Proposal: #23-15, Fleet Analysis and Transitions Plan
was posted to the City of Iowa City website. Proposals were due by 2:30 p.m., March 2,
2023. Proposals were distributed to an Evaluation Committee. The Evaluation Committee
individually reviewed each proposal and its compliance with the specifications. Based on a
thorough review of the proposals, interviews, and reference checks. The evaluation
committee chose ICF to receive the award.
Background / Analysis:
Action 2.7 of the City’s Climate Action and Adaptation Plan states that the City will continue to
add electric vehicles to the municipal fleet and explore options to replace transit buses and
other heavy-duty vehicles with cleaner fuel options. Action TCP-1 of the Accelerated Action
Plan calls for establishing an electric and fuel-efficient vehicle purchasing policy which would
mandate electric, alternative fuel, and fuel-efficient vehicle purchases if a viable option exists.
Additionally, the City Council’s FY23 – 28 Strategic Plan includes the following action item:
“Develop and implement an electric vehicle transition plan.”
The procurement of this Fleet Analysis and Transition Plan will aid and facilitate in
achievement of these goals.
The project will kick off in July 2023 with the final report anticipated in February 2024. Key
deliverables include data collection and analysis of the City’s fleet and current and emerging
light medium, and heavy- duty vehicles, evaluation of charging infrastructure, assessment of
funding sources, incentives, training needs, and charging solutions, and a final master plan
document.
Prepared by: Sarah Gardner, Climate Action Coordinator, 410 E Washington, Iowa City, IA
52240 (319) 887-6162
Resolution No. 23-190
Resolution authorizing the procurement of a Fleet Analysis and Transition
Plan
Whereas, Request for Proposal #23-15 was released to solicit a Fleet Analysis and Transition
Plan.
Whereas, three responsive proposals were received for these services; and
Whereas, based on a thorough review of the proposals, interviews, and reference checks the
evaluation committee chose ICF Inc. to receive the award; and
Whereas, the city's purchasing policy requires City Council to approve consultant agreement
purchases over$60,000; and
Whereas, the City expects to expend approximately$80,053.00 for the procurement of a Fleet
Analysis and Transition Plan; and
Whereas, funds for this purchase are available in the budget under account #24210610-432060;
and
Whereas, approval of this procurement is in the public interest.
Now, therefore, be it resolved, by the City Council of the City of Iowa City, Iowa, that:
1. The proposed procurement as described above is approved.
2. The City Manager is authorized to sign said Agreement and any amendments to or renewals
of said Agreement.
Passed and approved this 11 th day of July 20 23 .
""'aZrfL--
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14.
Approved by
Attest: � L
City Clerk City Attorne ' ice-07/03/23
Resolution No. 23-190
Page 2
It was moved by Dunn and seconded by Thomas _ the Resolution
be adopted, and upon roll call there were:
Ayes: Nays: Absent:
x Atler
x Bergus
x Dunn
x Harmsen
x Taylor
Teague
_�_ Thomas
CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into this 11th day of July
7023 , by and between the City of Iowa City, a municipal corporation, hereinafter
referred to as the "City" and ICF Inc., of Fairfax, VA, hereinafter referred to as the "Consultant" or
"ICF."
WHEREAS,The City seeks a competent vendor to collaborate with the City to develop a Fleet
Analysis &Transition Plan in order to aid in transitioning the municipal vehicle fleet to electric
vehicles and other zero-emission vehicles.
NOW THEREFORE, it is agreed by and between the parties hereto that the City does now
contract with the Consultant to provide services as set forth herein.
I. SCOPE OF SERVICES
The Consultant agrees to perform the following services for the City, and to do so in a timely and
satisfactory manner.
a) The consultant must collaborate with the City of Iowa City to develop a Fleet Analysis &
Transition Plan to aid in transitioning the municipal vehicle fleet to electric vehicles.
b) The consultant must collaborate with the Climate Action Division, Equipment(fleet)
Division, Transportation Services Department, Resource Management Division (refuse),
facilities manager, Iowa City Police Department, and Iowa City Fire Department to
develop a Fleet Transition Plan that will provide data and analysis of current and
emerging light, medium, and heavy-duty vehicles corresponding with those in the
municipal fleet to help guide and inform future purchases and priorities so as to
maximize cost effectiveness while reducing total fleet emissions.
II. TIME OF COMPLETION
The Consultant shall complete the following phases of the Project in accordance with the
schedule shown.
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ICE agrees to begin work once the City has approved the workplan and budget. ICF agrees to
perform the work within an 8-month period of performance, from July, 2023 through February, •
2024, with milestones and deliverables scheduled as shown in Exhibit 1. As indicated in Task
1, ICF shall hold regular monthly check-in calls between the City and the ICF team. Major
deliverables are noted with an "X".
Exhibit 1. project schedule
Task 1: Project Management
Task 2: Data Gathering11111
Task 3: Fleet Evaluation
Task 4: EV Charging Infrastructure
Evaluation
Task 5: Incentive & Funding
Sources
Task 6: Assessment of Overall
Costs, Training Needs, and
Charging Optimization Solutions 1111
Task 7: Develop Master Plan
List of Major Milestones (sequenced by chronological order)
Milestone July 24, 2023 ICF shall conduct a project kickoff meeting and submission of data
1 intake form
Milestone ICF Shall conduct monthly Check-in meetings with the Climate Action
2 Jul '23 thru Feb '24 division contacts, and a minimum of four meetings with the staff
committee
Milestone Jul 31, 2023 ICF shall submit the data intake form
3
Milestone Aug 21, 2023 ICF shall finalize data gathering
4
Milestone Sep 29, 2023 ICF shall complete the fleet transition modeling and submission of excei
5 spreadsheet report to City
Milestone Oct 30. 2023 ICF shall complete the EV charging infrastructure analysis (Task 4)and
6 present the results to the City
Milestone Nov 30, 2023 ICF shall complete the fundng and financing analysis
7
Milestone ICF shall complete assessment of the overall costs, training needs, and
8Dec 22, 2023 charging optimization solutions
Milestone January 26: 2024 ICF shall Submit the draft plan to the City
9
Milestone February 29, 2024 ICF shall submit final plan to the City
10
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III. COMPENSATION FOR SERVICES
Not-to-Exceed Cost including reimbursable expenses.
Task 1: Project Management- $3,903
Task 2: Data Gathering - $10,358
Task 3: Fleet Evaluation - $9,379
Task 4: EV Charging Infrastructure Evaluation - $26,791
Task 5: Incentive & Funding Sources- $7,991
Task 6: Cost, Training Needs, and Charging Optimization - $11,675
Task 7: Develop Master Plan - $9,957
Total -$80,054
IV General Terms
A. The Consultant shall not commit any of the following employment practices and
agrees to prohibit the following practices in any subcontracts.
1. To discharge or refuse to hire any individual because of their race, color,
religion, sex, national origin, disability, age, marital status, gender identity,
or sexual orientation.
2. To discriminate against any individual in terms, conditions, or privileges of
employment because of their race, color, religion, sex, national origin,
disability, age, marital status, gender identity, or sexual orientation.
B. Should the City terminate this Agreement, the Consultant shall be paid for all work
and services performed up to the time of termination. However, such sums shall
not be greater than the "lump sum" amount listed in Section III. The City may
terminate this Agreement upon seven (7) calendar days' written notice to the
Consultant.
C. This Agreement shall be binding upon the successors and assigns of the parties
hereto, provided that no assignment shall be without the written consent of all
Parties to said Agreement.
D. It is understood and agreed that the retention of the Consultant by the City for the
purpose of the Project shall be as an independent contractor and shall be
exclusive, but the Consultant shall have the right to employ such assistance as
may be required for the performance of the Project.
E. It is agreed by the City that all records and files pertaining to information needed by
the Consultant for the project shall be available by said City upon reasonable
request to the Consultant. The City agrees to furnish all reasonable assistance in
the use of these records and files.
F. It is further agreed that no Party to this Agreement shall perform contrary to any
state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa.
G. At the request of the City, the Consultant shall attend meetings of the City Council
relative to the work set forth in this Agreement. Any requests made by the City
shall be given with reasonable notice to the Consultant to assure attendance.
-4-
H. The Consultant agrees to furnish, upon termination of this Agreement and upon
demand by the City, copies of all basic notes and sketches, charts, computations,
and any other data prepared or obtained by the Consultant pursuant to this
Agreement without cost, and without restrictions or limitation as to the use relative
to specific projects covered under this Agreement. In such event, the Consultant
shall not be liable for the City's use of such documents on other projects.
The Consultant agrees to furnish all reports, specifications, and drawings with the
seal of a licensed professional affixed thereto as required by Iowa law.
J. The City agrees to tender the Consultant all fees in a timely manner, excepting,
however, that failure of the Consultant to satisfactorily perform in accordance with
this Agreement shall constitute grounds for the City to withhold payment of the
amount sufficient to properly complete the Project in accordance with this
Agreement.
K. Should any section of this Agreement be found invalid, it is agreed that the
remaining portion shall be deemed severable from the invalid portion and continue
in full force and effect.
L. Original contract drawings shall become the property of the City. The Consultant
• shall be allowed to keep reproducible copies for the Consultant's own filing use.
M. Fees paid for securing approval of authorities having jurisdiction over the Project
will be paid by the City.
N. Upon signing this Agreement, Consultant acknowledges that Section 362.5 of the
Iowa Code prohibits a City officer or employee from having an interest in a contract
with the City, and certifies that no employee or officer of the City, which includes
members of the City Council and City boards and commissions, has an interest,
either direct or indirect, in this Agreement, that does not fall within the exceptions to
said statutory provision enumerated in Section 362.5.
O. Indemnification.
1. To the full extent permitted by law, Consultant agrees to defend,
indemnify, and hold harmless the City against any and all claims,
demands, suits, loss, expenses, including attorney's fees, and for any
damages which may be asserted, claimed or recovered against or from
the City by reason of personal injury, including bodily injury or death, and
property damages, including loss of use thereof, caused by Consultant's
negligent acts, errors or omissions in performing the work and/or services
provided by Consultant to the City pursuant to the provisions of this
Agreement.
2. Consultant assumes full responsibility for any and all damage or injuries
which may result to any person or property by reason of Consultant's
negligent acts, errors, or omissions in connection with the work and/or
services provided by Consultant to the City pursuant to this Agreement
and agrees to pay the City for all damages caused to the City's premises
resulting from the negligent acts, errors or omissions of Consultant.
-5-
3. The Consultant's obligation to indemnify the City shall not include the
obligation to indemnify, hold harmless, or defend the City against lability,
claims, damages, losses, or expenses, including attorney fees, to the
extent caused by or resulting from the negligent act, error, or omission of
the City.
4. For purposes of this paragraph,.the term "Consultant" means and
includes the Consultant, its officers, agents, employees, sub-consultants,
and others for whom Consultant is legally liable, and the term "City"
means and includes the City of Iowa City, Iowa its Mayor, City Council
members, employees, and volunteers.
P. Insurance
1. The Consultant agrees at all times material to this Agreement to have and
maintain professional liability insurance covering the Consultant's liability
for the Consultant's negligent acts, errors, and omissions in the sum of
$1,000,000 Per Claim, $1,000,000 Annual Aggregate, or a $1,000,000
Combined Single Limit. To the fullest extent permitted by applicable state
law, a Waiver of Subrogation Clause(endorsement)shall be added.
2. Consultant agrees to provide the City a certificate of insurance evidencing
that all coverages, limits, and endorsements required herein are maintained
and in full force and effect, and certificates of Insurance shall provide a •
minimum thirty (30) day endeavor to notify, when available by Consultant's
insurer. If the Consultant receives a non-renewal or cancellation notice
from an insurance carrier affording coverage required herein, or receives ,
notice that coverage no longer complies with the insurance requirements
herein, Consultant agrees to notify the City within five (5) business days
with a copy of the non-renewal or cancellation notice.
Q. Standard of Care.
1. The Consultant shall perform services for, and furnish deliverables to, the
City pertaining to the Project as set forth in this Agreement. The
Consultant shall possess a degree of learning, care and skill ordinarily
possessed by reputable professionals, practicing in this area under
similar circumstances The Consultant shall use reasonable diligence and
professional judgment in the exercise of skill and application of learning.
2. Consultant represents that the Services and all its components shall be
free of defects caused by negligence; shall be performed in a manner
consistent with the standard of care of other professional service
providers in a similar Industry and application; shall conform to the
requirements of this Agreement; and shall be sufficient and suitable for
the purposes expressed in this Agreement.
3. All provisions of this Agreement shall be reconciled in accordance with the
generally accepted standards of the Engineering Profession.
4. Consultant's obligations under this Section shall exist without regard to,
and shall not be construed to be waived by, the availability or
unavailability of any insurance, either of City or Consultant.
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R. There are no other considerations or monies contingent upon or resulting from the
execution of this Agreement, it is the entire Agreement, and no other monies or
considerations have been solicited.
S. This Agreement shall be interpreted and enforced in accordance with the laws of
the State of Iowa. Any legal proceeding instituted with respect to this Agreement
shall be brought in a court of competent jurisdiction in Johnson County, Iowa. The
parties hereto hereby submit to personal jurisdiction therein and irrevocably waive
any objection as to venue therein, including any argument that such proceeding
has been brought in an inconvenient forum.
For the City For the Consultant C
By: By: 5)""t(i-/162 1i
Title: �i t �� c t— Title: Senior Contracts Manager
Date: 7"/ z / Z3 Date 6/28/2023
Approved by:
City Attorney's Qffice
/?5//j
Date
Prepared By:Marri VanDyke, Civil Engineer
Reviewed By:Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact:$616,278.55 available in the Annual Pavement Rehabilitation
account #S3824
Staff Recommendation:Approval
Commission Recommendations:N/A
Attachments:Resolution
Item Number: 6.d.
July 11, 2023
Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a
contract for construction of the Asphalt Resurfacing 2023 Project.
Executive Summary:
The Asphalt Resurfacing Project generally includes asphalt resurfacing on Court Street,
milling and overlay at a railroad crossing on Gilbert Street, and chip sealing on Taft Avenue.
The Project Manual was approved at the June 6, 2023 Council Meeting, and the engineer ’s
estimated cost of construction was $600,000.
One (1) bid was submitted prior to the June 27, 2023 deadline:
Bidder Name City Bid
Engineer’s Estimate $600,000.00
L.L. Pelling Company, Inc.North Liberty, IA $616,278.55
L.L. Pelling Company, Inc. of North Liberty, Iowa submitted the lowest responsive, responsible bid of
$616,278.55. Staff recommends awarding the Contract for the Asphalt Resurfacing 2023 Project to L.L.
Pelling Company.
Background / Analysis:
The Asphalt Resurfacing 2023 Project includes work at the following locations:
Asphalt Resurfacing
• Court Street – Elmira Street to Berkeley Lane
• Gilbert Street – at the railroad crossing between Southgate Avenue and Cherry Avenue
• Bowery Street – patching between Gilbert Street and Johnson Street
Chip Seal
• Taft Avenue – Herbert Hoover Highway to American Legion Road
Project Timeline:
Construction – July to October 2023
Prepared by:Mani VanDyke,Engineering Division,410 E.Washington St.,Iowa City,IA 52240(319)356-5044
Resolution No. 93-191
Resolution awarding contract and authorizing the Mayor to sign
and the City Clerk to attest a contract for construction of the
Asphalt Resurfacing 2023 Project.
Whereas, L.L. Pelling Company, Inc. of North Liberty, Iowa has submitted the lowest responsive,
responsible bid of$616,278.55 for construction of the above-named project; and
Whereas, funds for this project are available in the Annual Pavement Rehabilitation account
#S3824.
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 L.L.
Pelling Company, 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 and the City Clerk to attest the contract for
construction of the above-named project, 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 11 th day of July , 2023
M
Approved by
Attest :
City Clerk City Attor y's Office-07/03/23
It was moved by Dunn and seconded by Thomas 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
Prepared By:Joe Welter, Sr. Engineer
Reviewed By:Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact:$197,050 available in Account #S3934, McCollister Blvd. –
Gilbert to Sycamore and Account #L3338, Future Landfill
Cell
Staff Recommendation:Approval
Commission Recommendations:N/A
Attachments:Resolution
Item Number: 6.e.
July 11, 2023
Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a
contract for construction of the 2023 Dubuque Street, McCollister Boulevard, and Landfill
Seeding Project.
Executive Summary:
This item awards the contract for construction of the 2023-25 Seeding Project – Dubuque
Street, McCollister Boulevard, and Landfill. The engineer ’s estimated cost for construction of
the project is $240,000. Three (3) bids were submitted prior to the July 5, 2023 deadline:
Bidder Name City Bid
Steven's Erosion Control Hills, Iowa $197,050.00
Iowa Landscape, LLC Iowa City, Iowa Non-Responsive
Lewis Lawn & Labor, Inc. Des Moines, Iowa Non-Responsive
Steven's Erosion Control of Hills, Iowa submitted the lowest responsive, responsible bid, and
staff recommends awarding the contract for the 2023-25 Seeding Project – Dubuque Street,
McCollister Boulevard, and Landfill to Steven's Erosion Control of Hills, Iowa.
Background / Analysis:
The project intends to improve the grassed parkways on Dubuque Street and McCollister
Boulevard, as well as the median along McCollister Boulevard, by performing soil quality
restoration (aeration and compost) with overseeding. The project will also include watering
and fertilizing for Dubuque Street and McCollister Boulevard.
In addition, several areas of the landfill will be seeded, fertilized, and mulched to stabilize
areas of the site that are no longer being used for waste disposal or have been utilized for
temporary material storage this year.
Prepared by:Joe Welter,Engineering Division,410 East Washington Street,Iowa City,Iowa 52240(319)356-5144
Resolution No. 23-192
Resolution awarding contract and authorizing the Mayor to sign
and the City Clerk to attest a contract for construction of the 2023
Dubuque Street, McCollister Boulevard, and Landfill Seeding
Project.
Whereas, Steven's Erosion Control of Hills, Iowa has submitted the lowest responsive, responsible
bid of$197,050 for construction of the above-named project; and
Whereas,funds for this project are available in the McCollister Blvd-Gilbert to Sycamore, Account
#S3934 and Future Landfill Cell, Account#L3338.
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 Steven's
Erosion Control, 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 and the City Clerk to attest the contract for
construction of the above-named project, 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 1 1 th day of J„iy , 2023
1 �'sU
MS141'14-g----
Approved by
Attest : ),02y
Cityerk City Attorn y's Office-07/06/23
It was moved by Tiro, and seconded by Thnmas 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
Prepared By:Ethan Yoder, Civil Engineer
Reviewed By:Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact:$140,000 available in the Curb Ramp – ADA account
#S3822
Staff Recommendation:Approval
Commission Recommendations:N/A
Attachments:Resolution
Item Number: 6.f.
July 11, 2023
Resolution rejecting bids received June 27, 2023 for the CDBG ADA Curb Ramp 2023 Project
and setting a new date for receipt of bids for the rebidding of the CDBG ADA Curb Ramp
Project, directing City Clerk to post notice to bidders, and fixing the time and place for receipt
of bids.
Executive Summary:
This agenda item rejects all of the bids received on June 27, 2023 for the CDBG ADA Curb
Ramp 2023 Project.
Three (3) bids were submitted prior to the June 27, 2023 deadline:
Bidder Name City Bid
All American Concrete West Liberty, IA $ 319.939.00
LL Pelling Company North Liberty, IA $ 354,033.80
Feldman Concrete Dyersville, IA Non-Responsive
Engineer's Estimate $ 155,000.00
The lowest responsive bid submitted exceeded the Engineer ’s Estimate of probable cost by
more than 100%, and staff recommends that Council reject all bids and set a new date for
receipt of bids for the project on August 3, 2023. Due to an error discovered in the Engineer ’s
Estimate, the scope of the project will also be revised by addendum to eliminate work at the
intersections of Sandusky Dr / Davis St, Hollywood Blvd / Delwood Dr (West), Hollywood Blvd
/ Hollywood Ct, and Ridge St / Downey Dr to align with available funding.
Background / Analysis:
The locations for the CDBG ADA Curb Ramp 2023 Project were Broadway Street at Cross
Park Avenue, Apple Court, and Sandusky Drive, Hollywood Blvd at Delwood Drive, Tracy
Lane and Davis Street, and Sandusky Drive at Bancroft Drive.
During the bidding period, an error was discovered in the calculation of the Engineer ’s
estimate of probable cost, which resulted in the estimate being lower than it should have
been with the scope of the project work. Based on the estimated unit prices for the project,
the Engineer ’s estimate of probable cost should have been $230,000. Due to the funding
available, the project scope will be revised by addendum to eliminate work at the
intersections of Sandusky Dr / Davis St, Hollywood Blvd / Delwood Dr (West), Hollywood Blvd
/ Hollywood Ct, and Ridge St / Downey Dr. The revised Engineer ’s estimate of probable cost
for the project is $140,000.00.
Project Timeline:
Bid Letting – August 3, 2023
Award Date – August 15, 2023
Construction – September 2023 – May 2024
Prepared by: Ethan Yoder,Engineering Division,Public Works,410 E.Washington St.,Iowa City,IA 52240(319)356-5145
Resolution No. 23-193
Resolution rejecting bids received June 27, 2023 for the CDBG
ADA Curb Ramp 2023 Project and setting a new date for receipt
of bids for the rebidding of the CDBG ADA Curb Ramp Project,
directing City Clerk to post notice to bidders, and fixing the time
and place for receipt of bids.
Whereas, bids were received on June 27, 2023 for the CDBG ADA Curb Ramp 2023 Project; and
Whereas, the lowest responsive bid submitted exceed the Engineer's Estimate by more than
100%; and
Whereas, the Department of Public works recommends that Council reject all bids, issue an
addendum, set a new date for receipt of bids, and revise the construction schedule; and
Whereas, funds for this project are available in the Curb Ramps—ADA account#S3822.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
1. All bids received on June 27, 2023, for the CDBG ADA Curb Ramp 2023 Project are
rejected.
2. An addendum shall be issued to the Project for the CDBG ADA Curb Ramp 2023 Project,
approved by resolution on July 11, 2023, to revise the project schedule.
3. 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 City of Iowa
City, Iowa.
4. 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 Builders of Iowa, and the Iowa League of Cities website.
5. 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 3rd day of August,
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 in the Emma J. Harvat Hall at 6:00 P.M. on the
15t day of August, or at a special meeting called for that purpose.
Passed and approved this 11th day of July , 2023
Mayor
Resolution No. 23-193
Page 2
Approved by
Attest: ' '
City Clerk City Attorne s Office—07/06/23
It was moved by Dunn and seconded by Thomas 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
Prepared By:Justin Harland, Sr. Engineer
Reviewed By:Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact:None
Staff Recommendation:Approval
Commission Recommendations:N/A
Attachments:Engineer's Report
Resolution
Item Number: 6.g.
July 11, 2023
Resolution accepting the work for the Mormon Trek Boulevard Guardrail Replacement Project.
Executive Summary:
The project has been completed by Hawkeye Weld & Repair, Inc. of Iowa City, Iowa in
substantial accordance with the plans and specifications. The Engineer ’s Report and
Performance and Payment bond are on file with the City Engineer.
Project Estimated Cost: $79,000.00
Project Bid Received: $60,827.00
Project Actual Cost: $60,827.00
Background / Analysis:
The Mormon Trek Guardrail Replacement Project involved replacing 267 LF of guardrail on a
retaining wall along Mormon Trek near the HWY 1 intersection. The guardrail needed
replacement due to a previous collision which resulted in significant damage to the guardrail.
a 61
Prepared by: Justin Harland,Engineering Division,Public Works,410 E.Washington St.,Iowa City, IA 52240(319)356-5154
Resolution No. 23-194
Resolution accepting the work for the Mormon Trek Boulevard
Guardrail Replacement Project
Whereas, the Engineering Division has recommended that the work for construction of the
Mormon Trek Boulevard Guardrail Replacement Project, as included in a contract between the
City of Iowa City and Hawkeye Weld & Repair, Inc. of Iowa City, IA, dated March 17, 2023, be
accepted; and
Whereas, the Engineer's Report and the performance, payment and maintenance bond have
been filed in the City Engineer's office; and
Whereas, funds for this project are available in Engineering account# 10710200; and
Whereas, the final contract price is $60,827.00.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said
improvements are hereby accepted by the City of Iowa City, Iowa.
Passed and approved this 11th day of July , 2023
eAt° —
Ma
Approved by
Attest:
City lerk City Attorn 's Office—07/06/23
It was moved by Dunn and seconded by Thomas 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 •
Prepared By:Joe Welter, Sr. Engineer
Reviewed By:Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact:None
Staff Recommendation:Approval
Commission Recommendations:N/A
Attachments:Engineer's Report
Resolution
Item Number: 6.h.
July 11, 2023
Resolution accepting the work for the 2022 City of Iowa City Parking Garages Maintenance
and Repair Project.
Executive Summary:
Construction of the 2022 City of Iowa City Parking Garages Maintenance and Repair Project
has been completed by Western Waterproofing Company, Inc. dba Western Specialty
Contractors of West Des Moines, Iowa, in substantial accordance with the Project Manual
developed by Shive-Hattery, Inc. of Iowa City, Iowa. The Engineer ’s Report and
Performance, Payment, and Maintenance Bond are on file with the City Clerk.
Project Estimated Cost: $1,050,000.00
Project Bid Received: $754,513.00
Project Actual Cost: $857,759.00
There were seven (7) change orders on this project, totaling $103,246.00, which included
expansion joint replacement, additional corrosion inhibitor and penetrating sealer, additional
rebar and post tension repairs, beam column supports, adapters for fan replacements and
related work.
Background / Analysis:
This annual project addressed maintenance, rehabilitation, and repairs on the City’s parking
garage structures. This year ’s project included: concrete crack repairs, corrosion inhibitor
placement, electrical equipment scanning, epoxy filler with membrane placement, horizontal
spall repairs, joint sealant with membrane placement, mechanical and ventilation
rehabilitation, penetrating sealer placement, post tension repairs, steel beam replacement,
and other miscellaneous rehabilitation on the Capitol Street, Chauncey Swan, Court Street
Transportation Center, Dubuque Street, and Tower Place Parking Ramps.
tpik
Prepared by: Joe Welter,Engineering Division,Public Works,410 East Washington Street,Iowa City,Iowa 52240(319)356-5144
Resolution No. 23-195
Resolution accepting the work for the 2022 City of Iowa City
Parking Garages Maintenance and Repair Project
Whereas, the Engineering Division has recommended that the work for construction of the 2022
City of Iowa City Parking Garages Maintenance and Repair Project, as included in a contract
between the City of Iowa City and Western Waterproofing Company, Inc. dba Western Specialty
Contractors of West Des Moines, Iowa, dated April 27, 2022, be accepted; and
Whereas, the Engineer's Report and the performance, payment and maintenance bond have been
filed in the City Clerk's office; and
Whereas, funds for this project are available in the Parking Facility Restoration Repair, Account
Number T3004; and
Whereas, the final contract price is $857,759.00.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said
improvements are hereby accepted by the City of Iowa City, Iowa.
Passed and approved this 11th day of July , 2023
•
Ma
Approved by
, G
Attest: .l �r—1)
City Clerk City Attorn y's Office-07/03/23
It was moved by Dunn and seconded by Thomas the Resolution be
adopted, and upon roll call there were:
Ayes: Nays: Absent:
x Alter
Bergus
x Dunn
x Harmsen
x Taylor
x Teague
x Thomas
Prepared By:Ben Clark, Sr. Engineer
Reviewed By:Juli Seydell Johnson, Parks & Recreation Director
Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact:None
Staff Recommendation:Approval
Commission Recommendations:N/A
Attachments:Engineer's Report
Resolution
Item Number: 6.i.
July 11, 2023
Resolution accepting the work for the Chadek Green, Whispering Meadows & Court Hill Parks
Improvements Project.
Executive Summary:
The Chadek Green, Whispering Meadows & Court Hill Parks Improvements Project was
completed by McComas-Lacina Construction LC of Iowa City, Iowa in substantial accordance
with the plans and specifications prepared by Snyder & Associates, Inc., of Iowa City, Iowa.
The Engineer’s Report and Performance and Payment bonds are on file with the City Clerk.
Project Estimated Cost: $820,000.00
Project Bid Received: $769,473.00
Project Actual Cost: $783,820.43
There was one (1) change order on this project, which included additional work to provide
and install doors, frames, hardware and associated automated access control for the
restroom at Chadek Green Park.
Background / Analysis:
The project included a new restroom, water hydrants for the community gardens, a handicap
accessible parking lot, sidewalk infill along Friendship Street and a pad for pre-purchased
playground equipment at Chadek Green Park; a pad for a pre-purchased “pocket park”
playground at Whispering Meadows Park; and a new pad for a pre-purchased playground, a
replacement shelter and new accessible paths between park features at Court Hill Park.
Sidewalks for the community gardens at Chadek Green Park were also included as a part of
the project.
These projects were prioritized by the 2017 Park Master Plan and were recommended by the
Parks and Recreation Commission during their November 10, 2022 meeting.
Prepared by: Ben Clark,Engineering Division,Public Works,410 E.Washington St.,Iowa City, IA 52240(319)356-5436
Resolution No. 23-196
Resolution accepting the work for the Chadek Green,
Whispering Meadows & Court Hill Parks Improvements Project
Whereas, the Engineering Division has recommended that the work for construction of the
Chadek Green, Whispering Meadows & Court Hill Parks Improvements Project, as included in a
contract between the City of Iowa City and Macomas-Lacina Construction LC of Iowa City, Iowa
dated April 6, 2022, be accepted; and
Whereas, the Engineer's Report and the performance, payment and maintenance bond have
been filed in the City Clerk's office; and
Whereas, funds for this project are available in the Chadek Green Park Playground and Shelter
account #R4350, Whispering Meadows Park Ecological Restoration & Park Improvements
account#R4357, and Court Hill Park Shelter& Playground Replacement account#R4368; and
Whereas, the final contract price is $783,820.43
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said
improvements are hereby accepted by the City of Iowa City, Iowa.
Passed and approved this 11 th day of July , 2023
Mayo
Approved by
Attest:
City Clerk City Attor ey's Office
(Sue Dulek-07/03/23)
It was moved by Dunn and seconded by Thomas 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
Prepared By:Scott Sovers, Asst. City Engineer
Reviewed By:Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact:None
Staff Recommendation:Approval
Commission Recommendations:N/A
Attachments:Engineer's Report
Resolution
Item Number: 6.j.
July 11, 2023
Resolution accepting the work for the Collector Well Nos. 3 and 4 Rehabilitation Project.
Executive Summary:
The Collector Well Nos. 3 and 4 Rehabilitation Project was completed by Layne Christensen
Company of Columbus, Ohio in substantial accordance with the plans and specifications
prepared by Strand Associates, Inc., of Madison, Wisconsin. The Engineer ’s Report and
Performance and Payment bonds are on file with the City Clerk.
Project Estimated Cost: $ 620,000.00
Project Bid Received: $ 658,064.00
Project Actual Cost: $ 609,665.02
There was one (1) change order on this project, which generally included replacement of
additional pump motor parts, painting of well discharge heads, replacement of a missing
strainer basket and the addition of pick points at both well houses.
Background / Analysis:
The project included cleaning the six (6) lateral lines within the collector wells, with pre and
post testing to increase the available source water production, and to rebuild two (2) of the
well pumps.
,
Prepared by: Scott Sovers,Engineering Division,Public Works,410 E.Washington St.,Iowa City,IA 52240(319)356-5142
Resolution No. 23-197
Resolution accepting the work for the Collector Well Nos. 3 and
4 Rehabilitation Project
Whereas, the Engineering Division has recommended that the work for construction of the
Collector Well Nos. 3 and 4 Rehabilitation Project, as included in a contract between the City of
Iowa City and Layne Christensen Company of Columbus, Ohio, dated June 28, 2021, be
accepted; and
Whereas, the Engineer's Report and the performance, payment and maintenance bond have
been filed in the City Clerk's office; and
Whereas, funds for this project are available in the Collector Well 3 & 4 Rehabilitation account #
W3311; and
Whereas, the final contract price is $ 609,665.02.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said
improvements are hereby accepted by the City of Iowa City, Iowa.
Passed and approved this 11 th day of July , 2023
M or
Approved by
Attest: la)-
City � .
Jerk City Attorn 's Office—07/03/23
It was moved by Dunn and seconded by Thomas 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
Prepared By:Ethan Yoder, Civil Engineer
Reviewed By:Juli Seydell Johnson, Parks & Recreation Director
Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact:None
Staff Recommendation:Approval
Commission Recommendations:N/A
Attachments:Engineer's Report
Resolution
Item Number: 6.k.
July 11, 2023
Resolution accepting the work for the Parks ADA Access Project.
Executive Summary:
The project has been completed by All-American Concrete, Inc. of West Liberty, Iowa, in
substantial accordance with the plans and specifications prepared by the City of Iowa City
Engineering Division. The Engineer ’s Report and Performance and Payment bond are on file
with the City Engineer.
Project Estimated Cost: $ 29,000.00
Project Bid Received: $ 43,715.00
Project Actual Cost: $ 43,715.00
Background / Analysis:
The project generally included ADA sidewalk access improvements for Oak Grove Park,
Thornberry Park, and Emma J Harvat Park.
Prepared by: Ethan Yoder,Engineering Division,Public Works,410 E.Washington St., Iowa City, IA 52240(319)356-5145
Resolution No. 23-198
Resolution accepting the work for the Parks ADA Access Project
Whereas, the Engineering Division has recommended that the work for construction of the Parks
ADA Access Project, as included in a contract between the City of Iowa City and All-American
Concrete, Inc. of West Liberty, Iowa, dated November 23, 2022, be accepted; and
Whereas, the Engineer's Report and the performance, payment and maintenance bond have
been filed in the City Engineer's office; and
Whereas, funds for this project are available in the Park Annual ADA Accessibility Improvements
account#R4132; and
Whereas, the final contract price is $43,715.00.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said
improvements are hereby accepted by the City of Iowa City, Iowa.
Passed and approved this 11th day of July , 2023
Ma
Approved by
Attest: .P
City lerk G City Attorn s Office
(Sue Dulek-07/03/23)
It was moved by Dunn and seconded by Thomas 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
Prepared By:Tyler Olson, Civil Engineer
Reviewed By:Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact:Funding will be via the North Gilbert Street Reconstruction
Project Account #S3955
Staff Recommendation:Approval
Commission Recommendations:N/A
Attachments:Location Map
Resolution
Item Number: 6.l.
July 11, 2023
Resolution authorizing the acquisition of property interests necessary for construction of the
North Gilbert Street Reconstruction Project.
Executive Summary:
The North Gilbert Street Reconstruction Project involves the reconstruction of a section of
North Gilbert Street from the intersection with Kimball Road to the intersection with Brown
Street. The project’s design is currently underway, and it has been determined that
easements and right-of-way acquisitions are required to construct the project.
Background / Analysis:
The Project will include replacement of existing sanitary sewers, water main and fire hydrant
adjustments, storm sewer extensions, new sidewalks, retaining wall replacement, new
concrete street pavement, and other related work.
� r
�'�►�wir���41 tat
4Q � City Council Supplemental Meeting Packet
R 4
CITY OF IOWA CITY July 11, 2023
Information submitted between distribution of late handouts on Monday and 3:00 pm on
Tuesday.
Late Handout(s):
6. Consent Calendar - Resolutions and Motions
Item 6.1 North Gilbert Street Reconstruction - See revised comment.
Comment: The City of Iowa City must acquire right -of- way, fee title, permanent
easements and/or temporary construction easements to construct the North Gilbert
F^�„Q Street Reconstruction Project. This project generally includes the
reconstruction of a section of North Gilbert Street from the south end of the intersection
with Kimball Road and to and including the intersection with Brown Street.
Item 10.c Urban Chicken Permits - See revised resolution.
July 11, 2023 City of Iowa City
Gilbert StBrown St
Kimball Rd
Linn StBella Vista Pl
STAFF PRESENTATION TO FOLLOW: Item: 6.l
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CITY OF IOWA CITY ENGINEERING DRAWN -DESIGN PROJECT N GILBERT ST RECONSTRUCTIO SHEET TITLE: SHEET
PUBLIC MEETING N0.1 PRESENTATION
DIVISION DATE_ NOVEMBER 2022 -ALTERATIVE 2 TYPICAL CROSS SECTIONS-
STAFF PRESENTATION CONCLUDED
I r L
�► �++����- City Council Supplemental Meeting Packet
CITY OF IOWA CITY July 10, 2023
Information submitted between distribution of packet on Thursday and 4:00pm on Monday.
Late Handout(s):
6. Consent Calendar - Resolutions and Motions
Item 6.1 North Gilbert Street Reconstruction - See correspondence from Eric Gidal and
Jacqueline Briggs.
Item 11.c Human Rights Commission - See revised attendance sheet.
July 10, 2023 City of Iowa City
to
Prepared by:Tyler Olson,Engineering Division,410 E.Washington St,Iowa City,IA 52240,319-356-5416
Resolution No.
R_solution authorizing the acquisition of property interests necessary
for •.instruction of the North Gilbert Street Reconstruction Project.
Whereas, the Ci of Iowa City desires to reconstruct a section of North Gilbe► Street ("Project")
from the south en• of the intersection with Kimball Road and to and includin• he intersection with
Brown Street which Icludes replacement of existing sanitary sewers, wa -r main and fire hydrant
adjustments, storm -wer extensions, new sidewalks both sides of street, retaining wall
replacement, new con• ete street pavement, restoration of bric, streets, and private utility
undergrounding; and
Whereas, the City Council 'as determined that construction of the Project is a valid public
purpose under State and Fe•-ral law, and has further •etermined that acquisition of certain
property rights is necessary to co struct, operate and m.' tain the proposed project; and
Whereas, the City staff has determi -d the location • the proposed Project; and
Whereas, City staff should be authorize., to acq re necessary property rights at the best overall
price to the City; and
Whereas, funds for this project are avail. • in the North Gilbert Street Reconstruction Project
account#S3955.
Now, therefore, be it resolved by the ity Council • the City of Iowa City, Iowa, that:
1. The City Council finds th. it is in the public in -rest to acquire property rights by warranty
deed, quit-claim deed, :nd/or easement for the construction of the North Gilbert Street
Reconstruction Proje• for which this Project co .titutes as a public improvement under
Iowa law. The City '•uncil further finds that acquisi''•n of said property rights is necessary
to carry out the f ctions of the Project, and that s h Project constitutes a valid public
purpose under s :te and federal law.
2. The City Cou it hereby approves the project site location _ hibit of this public
improveme project, as shown in the attached Exhibit"A", a ached hereto and
incorporate• herein by this reference.
3. The Ci , Manager or designee is hereby authorized and • ected to negotiate the
purch.:e of property rights by warranty deed, quit-claim deed a d/or easement for the
cons 'uction, operation and maintenance of the Project. The City .nager or designee is
aut •rized to sign purchase agreements for the purchase of prope and/or easements,
an. offers to purchase property and/or easements. '
4. he City Manager or designee, in consultation with the City Attorney's 0 e, is authorized
and directed to establish, on behalf of City, an amount the City belie'es to be just
compensation for the property to be acquired, and to make an offer to urchase the
property for the established fair market value.
5. In the event negotiation is successful, the Mayor and City Clerk are hereby autho ized to
execute and attest easement agreements and agreements in lieu of condemnation. The City
Attorney is hereby directed to take all necessary action to complete said transactions, as
required by law.
Resolution No.
P:,e 2
6. In the event the necessary property rights for the Project cannot be acquired by negotiation,
the City Attorney is hereby authorized and directed to initiate condemnation proceedings for
-cquisition of any and all property rights necessary to fulfill the functions of the Project, as
p ovided by law.
Passed and a••roved this day of , 2023
Mayor
Approved by
Attest:
City Clerk City Attorn 's Office—07/05/23
It was moved by and econded by the Resolution be
adopted, and upon roll call there were.
Ayes: N- Absent:
Alter
Bergus
Dunn
Harmsen
Taylor
Teague
Thomas
C Y
Prepared by:Tyler Olson,Engineering Division,410 E.Washington St,Iowa City,IA 52240,319-356-5416
Resolution No. 23-202
Resolution authorizing the acquisition of property interests necessary
for construction of the North Gilbert Street Reconstruction Project.
Whereas, the City of Iowa City desires to reconstruct a section of North Gilbert Street ("Project")
from the south end of the intersection with Kimball Road and to and including the intersection with
Brown Street which includes replacement of existing sanitary sewers, water main and fire hydrant
adjustments, storm sewer extensions, new sidewalks, retaining wall replacement, new concrete
street pavement, restoration of brick streets, and private utility undergrounding; and
Whereas, the City Council has determined that construction of the Project is a valid public
purpose under State and Federal law, and has further determined that acquisition of certain
property rights is necessary to construct, operate and maintain the proposed project; and
Whereas, the City staff has determined the location of the proposed Project; and
Whereas, City staff should be authorized to acquire necessary property rights at the best overall
price to the City; and
Whereas, funds for this project are available in the North Gilbert Street Reconstruction Project
account#S3955.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
1. The City Council finds that it is in the public interest to acquire property rights by warranty
deed, quit-claim deed, and/or easement for the construction of the North Gilbert Street
Reconstruction Project for which this Project constitutes as a public improvement under
Iowa law. The City Council further finds that acquisition of said property rights is necessary
to carry out the functions of the Project, and that such Project constitutes a valid public
purpose under state and federal law.
2. The City Council hereby approves the project site location exhibit of this public
improvement project, as shown in the attached Exhibit "A", attached hereto and
incorporated herein by this reference.
•
3. The City Manager or designee is hereby authorized and directed to negotiate the
purchase of property rights by warranty deed, quit-claim deed and/or easement for the
construction, operation and maintenance of the Project. The City Manager or designee is
authorized to sign purchase agreements for the purchase of property and/or easements,
and offers to purchase property and/or easements.
4. The City Manager or designee, in consultation with the City Attorney's Office, is authorized
and directed to establish, on behalf of City, an amount the City believes to be just
compensation for the property to be acquired, and to make an offer to purchase the
property for the established fair market value.
5. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized to
execute and attest easement agreements and agreements in lieu of condemnation. The City
Attorney is hereby directed to take all necessary action to complete said transactions, as
required by law.
Resolution No. 23-202
Page 2
6. In the event the necessary property rights for the Project cannot be acquired by negotiation,
the City Attorney is hereby authorized and directed to initiate condemnation proceedings for
acquisition of any and all property rights necessary to fulfill the functions of the Project, as
provided by law.
Passed and approved this 11th day of July , 2023
Y5\tA4-4---
Ma
Approved by
Attest: k,....Q
City Clerk City Attorney's ffice—07/12/23
It was moved by _ Bergus and seconded by _ Harmcen 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
LINN STj - ` d.d1Sln Ti39 _. ', . \•,,l 'H.,. .: - ': ' ... ' .
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Prepared By:Jonathan Durst, Water Superintendent
Reviewed By:Ron Knoche, Public Works Director
Eric Goers, City Attorney
Geoff Fruin, City Manager
Fiscal Impact:Funds for this purchase are available in account 73730140-
474330.
Staff Recommendation:Approval
Commission Recommendations:N/A
Attachments:Resolution
Item Number: 6.m.
July 11, 2023
Resolution authorizing the purchase of Neptune water meters for the City’s Water Division.
Executive Summary:
On June 28, 2023 a Sole Source procurement request was approved for the purchase of
Neptune water meters from Ferguson Waterworks.
Ferguson Waterworks is the sole authorized distributor of Neptune water meters and
products for the state of Iowa.
The approved Sole Source procurement request is valid through June 30, 2028. The average
annual expenditure is expected to be $375,000, for an estimated total of $1,875,000.00 over
the five-year life of the Sole Source.
Background / Analysis:
Remote read drinking water meters of various sizes are used to bill public utility customers
for water and sewer usage. The City purchases new water meters on an ongoing basis for
new water accounts and to upgrade old meters. The existing water utility billing system is
comprised, with few exceptions, of Neptune water meters. This brand homogeneity allows for
standardized parts, inventory, and billing structure. Water meters used in the system are
required to be radio read to reduce the cost of meter reading to a single day, NSF 61 certified
and low-lead to prevent contamination of the water supply, available to be ordered in bulk,
meet all applicable American Water Works Association standards, and be compatible with
Neptune meter reading hardware and software. Neptune water meters meet these
requirements. Ferguson Waterworks is the only authorized distributor of Neptune water
meters for the state of Iowa. The average expenditure over the next five years is expected to
be $375,000.00 annually, or $1,875,000.00 in total. Funds for this purchase are available in
account 73730140-474330.
Prepared by:Jonathan Durst,Water Superintendent, 80 Stephen Atkins Dr., Iowa City, IA 52240(319)356-5169
Resolution No. 23-199
Resolution authorizing the purchase of Neptune water meters for the City's
Water Division
Whereas, water meters are necessary to facilitate utility billing for the City of Iowa City; and
Whereas, water meters are purchased regularly throughout the fiscal year for new water accounts
and to upgrade old, less accurate meters; and
Whereas, to ensure compatibility between water meters and existing electronic equipment and
software used by the Water Division, staff recommends the purchase of Neptune water meters;
and
Whereas, Ferguson Waterworks is the only authorized distributor of Neptune water meters in this
area; and
Whereas, staff recommends award of a purchase contract with Ferguson Waterworks; and
Whereas, the average annual expenditure over the next five years is expected to be $375,000 or
$1,875,000.00 total; and
Whereas, this amount exceeds the City Manager's spending authority of$150,000, thus requiring
City Council approval; and
Whereas, funds for this purchase are available in account#73730140 474330; and
Whereas, approval of this procurement is in the public interest.
Now, therefore, be it resolved, by the City Council of the City of Iowa City, Iowa, that:
1. The proposed procurement as described above is approved.
2. The City Manager is authorized to take whatever steps are necessary to effectuate future
purchases including any amendments or renewals of said agreement.
Passed and approved this 11 th day of .Tu1 , 20 71 .
( 11-471gwe--
Ma
Y
Approved by
Attest: -
City Clerk City Attorn s Office-07/06/23
•
Resolution No. 23-19.9
Page 2
It was moved by Dunn and seconded by Thomas
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
Prepared By:Ethan Yoder, Civil Engineer
Reviewed By:Juli Seydell Johnson, Parks & Recreation Director
Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact:$963,000 available in account #’s R4374 – Mercer Park
Ball Diamond Improvements and R4391 – Tennis Court
Renovations
Staff Recommendation:Approval
Commission Recommendations:Recommended by Parks & Recreation Commission at April
12, 2023 meeting.
Attachments:Resolution
Item Number: 7.a.
July 11, 2023
Resolution setting a public hearing on August 1, 2023 on project manual and estimate of cost
for the construction of the Mercer Park and City Park Court Renovation 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.
Executive Summary:
This project generally includes removal and replacement of playing surfaces, drainage
updates, removal and replacement of fencing, and the addition of a hitting wall at Mercer
Park, as well as resurfacing, replacement of fencing, and the addition of hitting practice walls
at City Park. Project originally included renovations of the Mercer Park Baseball Fields. The
baseball complex renovations have been delayed in order to align with funding from the Iowa
City Community School District. The baseball field project is now anticipated for the
summer/fall of 2024.
Background / Analysis:
The tennis court surfaces, fencing and practice walls are deteriorating and require renovation
for continued use.
Project Timeline:
Public Hearing and Approve Project Manual: August 1, 2023
Bid Letting Date: August 22, 2023
Contract Award Council Meeting Date: September 5, 2023
Construction Dates: September 2023 – Spring 2024
p
Prepared by:Ethan Yoder Engineering Division,410 E.Washington St.,Iowa City,IA 52240,(319)356-5145
Resolution No. 23-200
Resolution setting a public hearing on August 1 , 2023 on project
manual and estimate of cost for the construction of the Mercer
Park and City Park Court Renovation 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 account #'s R4374 — Mercer Park Ball
Diamond Improvements and R4391 —Tennis Court Renovations
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 1st day of August, 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 t t th day of .r,tl y , 2023
M.► .r
Approved by
Attest: ►`
City lerk City Attor y's Office
(Liz Craig—07/06/23)
It was moved by Dunn and seconded by Thomas 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
Prepared By:Marri VanDyke, Civil Engineer
Reviewed By:Jason Havel, City Engineer
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact:$475,000 available in the Annual Pavement Rehabilitation
account #S3824
Staff Recommendation:Approval
Commission Recommendations:N/A
Attachments:Location Map
Resolution
Item Number: 7.b.
July 11, 2023
Resolution setting a public hearing on August 1, 2023 on project manual and estimate of cost
for the construction of the North First Avenue 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.
Executive Summary:
This item begins the bidding process for the North First Avenue Improvements Project. The
project includes complete roadway reconstruction between Stuart Court and Hickory Trail, as
well as minor storm sewer improvements.
Background / Analysis:
North First Avenue has deteriorated beyond the point of rehabilitation between Stuart Court
and Hickory Trail. Complete reconstruction is necessary in this area to improve pavement
conditions. The width and alignment of North First Avenue will not be changed with this
project.
Project Timeline:
Hold Public Hearing – August 1, 2023
Bid Letting – August 22, 2023
Award Date – September 5, 2023
Construction – September to October 2023
Location Map
North First Avenue Improvements Project
Project
Location
N 1st AveStuart CtBluffwood Circ
l
e
Hickory
T
r
a
i
l Cypress Ct
a °
Prepared by:Marri VanDyke,Engineering Division,410 E.Washington St.,Iowa City,IA 52240,(319)356-5044
Resolution No. 23-201
Resolution setting a public hearing on August 1 , 2023 on project
manual and estimate of cost for the construction of the North
First Avenue 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 Annual Pavement Rehabilitation account
#S3824.
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 1st day of August, 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 11,-h day of jui y , 2023
M
Approved by
r � `
Attest: p ) -
City lerk City Attorn 's Office—07/06/23
It was moved by Dunn and seconded by Thomas _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
Prepared By:Susan Dulek, First Ass't. City Attorney
Reviewed By:Geoff Fruin, City Manager
Dustin Liston, Police Chief
Chris Whitmore, Animal Services Coordinator
Fiscal Impact:none
Staff Recommendation:Approval
Commission Recommendations:N/A
Attachments:Urban Chicken Policy redlined
Resolution
Urban Chicken Policy.doc
Item Number: 10.c.
July 11, 2023
Resolution adopting an urban chicken policy and rescinding Resolution No. 12-533.
Executive Summary:
The City Code allows persons to have urban chickens with a permit and provides details of
the permit are to be adopted by resolution. Council adopted a policy in 2012, and this
resolution revises the policy to allow for more hens, to allow chickens in multi-family
residences, and to eliminate the need for neighbor consent.
Background / Analysis:
In 2012 community members sought to allow urban chickens in Iowa City. City staff met with
supporters and recommended an ordinance and policy to Council. Council passed an
ordinance codified at Section 8-4-12F of the Iowa City Code which requires a permit to have
chickens and adopted a policy with all the details of the permit in Resolution No. 12-533. No
changes have been made in the intervening years either to the ordinance or policy.
Community members and staff recommended some changes to the policy, and Council
discussed possible changes at the June 20 work session.
The revised policy makes the following changes to the current policy:
1. Allows for 6 hens. The current policy allows for 4 hens.
2. Allows chickens in multi-family residences with owner consent. The current policy allows
chickens only on lots with single-family homes. If there are more than four units, staff may
allow more than one coop if there is sufficient green space.
3. Eliminates the requirement of neighbor consent. The current policy requires neighbor
consent.
4. Allows staff to allow a coop in a side yard if there is no rear yard. The current policy
requires the coop must be located in the rear yard.
With respect to multi-family structures, the revised policy provides:
Tenants must obtain the landlord’s written permission to install a coop. By way of
illustration, a tenant who rents a single-family residence must obtain the landlord’s
permission as does a tenant who rents an apartment within a 12-unit building.
Housing cooperatives are owned by the cooperative, and a tenant (legally known as a
“member” of the cooperative) must obtain the permission of the cooperative to install a
coop.
With condominiums (legally known as horizontal property regimes), the owner of the
condominium unit must obtain written permission of the condominium homeowners
association to install a coop. An applicant who leases a condominium unit must obtain
written permission both of the owner of the condominium unit and the condominium
homeowners association.
There is no change to the permit fees.
URBAN CHICKEN POLICY
(Adopted in Resolution No. 1223-___)
Definitions
1. Chicken: A member of the subspecies of gallus gallus domesticus, a domesticated
chicken.
2. Coop: A cage, enclosure or building used for housing and protecting chickens from
weather and predators.
3. Feeder: A device or apparatus for supplying food.
4. Nesting Box: A three-sided box with floor where chickens rest and lay eggs.
5. Pen: An enclosure for chickens which allows freedom of movement but also prevents
escape.
6. Roost: A support on which chickens rest.
7. Rooster: A male chicken.
Permit Granted/Denied
The Police Chief, or designee, shall issue an urban chicken permit if:
1. The property has passed inspection.
2. The application fee has been paid.
3. There are no outstanding violations of local, state or federal law on the property.
4. The location, coop, and pen meet all the requirements of this policy.
5. The application is complete.
6. If it is a renewal, all outstanding reinspection fees have been paid.
Neighbor Notification Consent
1. Applicants should notify No permit shall be issued without the written consent of the
owners and/or occupants of adjacent properties they are applying for an urban chicken
permit. A consent form will be included in the application. The City shall make available
a flyer about this policy applicants may distribute to their neighbors and shall also
provide information about this policy on the City website.
2. Adjacent property means all parcels of property that share a property line with the
applicant’s property including properties that contact each other only at one point.
Terms of Permit
The permit shall contain, at a minimum, the following conditions:
July 6, 2023June 29, 2023June 21, 2023
Page 2
1. The permittee shall follow the City Code and state law regarding animal care.
2. The permittee grants the City the right to inspect the coop and pen one year after the
permit is issued and at any other time to investigate a complaint.
3. The permit is a limited license for the activity and no vested zoning rights arise from the
permit being issued. The permit does not run with the land.
3. Private restrictions on the use of the property shall remain enforceable and shall
supersede the permit. The private restrictions include, but are not limited to, deed
restrictions, condominium restrictions, neighborhood association bylaws, covenants and
restrictions, and rental agreements. A permit issued to a person whose property is
subject to private restrictions that prohibit keeping of chickens is void.
Owner’s Permission
1. Tenants must obtain the landlord’s written permission to install a coop. By way
of illustration, a tenant who rents a single-family residence must obtain the
landlord’s permission as does a tenant who rents an apartment within a 12-unit
building.
2. Housing cooperatives are owned by the cooperative, and a tenant (legally known
as a “member” of the cooperative) must obtain the permission of the cooperative
to install a coop.
3. With condominiums (legally known as horizontal property regimes), the owner of
the condominium unit must obtain written permission of the condominium
homeowners association to install a coop. An applicant who leases a
condominium unit must obtain written permission both of the owner of the
condominium unit and the condominium homeowners association.
Site Requirements
1. The property must be a single-family residence.
2. A tenant must obtain the landlord’s written permission to install a coop.
3.1. Coops cannot be within 25 feet from any neighboring habitable structure.
4.2. Coops cannot be located within 5 feet of the habitable structure on the applicant
property.
5.3. Coops cannot be located within 5 feet of the property line.
4. Coops and pens shall be located only in the back yard. Back yard means
“rear yard” as defined in the City Zoning Code. Staff shall have the discretion to allow a
coop in a side yard if the property lacks a back yard.
6.5. If the property contains four or more units, the Police Chief, or designee, may
allow more than one coop to be installed on the property if the Police Chief, or designee,
reasonably finds there is sufficient green space.
1.
Chicken Requirements
July 6, 2023June 29, 2023June 21, 2023
Page 3
1. No more than four six hens are allowed
2. Roosters are prohibited.
3. Chickens must be housed in the coop from dusk until dawn.
4. Slaughtering of a chicken is prohibited.
5. Selling of eggs and chickens is prohibited.
6. Eggs shall be removed within two days of being laid.
7. All feed and other items associated with the keeping of chickens shall be protected in a
manner to prevent rodents from gaining access to or coming into contact with them.
8. Adequate food, water, and shelter shall be provided at all times.
9. A chicken that is outside the pen is “at large” in violation of the City Code.
Coop Requirements
1. Coops may be mobile, known as “tractors.”
2. Coops shall be constructed, repaired, and maintained in a manor to prevent rodents
from being harbored underneath or within the walls of the enclosures.
3. Coops shall be built of solid materials such as wood, metal or plastic.
4. Coop floors shall be made of wood or cement set a minimum of 1 foot above ground
level with a slight slope toward the door or other opening to prevent puddling.
5. Coops shall have at least one solid door and window that can be opened for ventilation.
6. If there are four or less chickens, Aa minimum of 4 square feet of space shall be
provided per bird chicken inside a coop. If there are five or six chickens, a minimum of 16
square feet of space in total must be provided inside a coop.
7. Bedding shall consist of wood pellets, pine shavings, or similar material shall be
provided to reduce odor. Straw may not be used for bedding.
8. Feces shall be removed and disposed of in a sealed, enclosed container at a minimum
of once weekly to avoid odor.
9. Coops shall:
a. Be maintained to ensure proper sanitation for maintaining the health of the
chickens and the keepers.
b. Be easy to clean and with good drainage.
c. Protect the flock from extreme temperatures and wind.
d. Keep out rodents, raptors and other predatory animals.
e. Be well ventilated.
f. Be free of drafts and maintains a uniform temperature.
g. Have a roosting area sufficient in number and size for the chickens present.
h. Have one nesting box per chicken.
i. Have nests that entice hens to lay indoors.
July 6, 2023June 29, 2023June 21, 2023
Page 4
j. Offer plenty of light, both natural and artificial.
k. Provide heat in colder temperatures.
l. Include sanitary feed and water stations.
m. Be constructed in such a manner that allows easy access for adequate cleaning.
n. Be built in a well-drained area to prevent standing water.
o. Be large enough to house chickens adequately.
Pen Requirements
1. There shall be a minimum of 4 square feet of space per chicken.
2. The pen may be the entire back yard.
3. If the pen is the entire backyard, the fence for the backyard must be solid and at least 4
feet in height. If the pen is not the entire backyard, the fence must be at least 4 feet in
height and constructed of wood, chicken wire or heavy gauge mesh wire.
4. There must be a well-drained area that allows the chickens to have access to dry ground
at all times.
5. Feces shall be removed and disposed of in a sealed, enclosed container at a minimum
of once weekly to avoid odor.
6. Fecal matter may be used as fertilizer if turned completely into the soil at least once
weekly and there is no noxious odor.
Permit Revocation
1. The Police Chief, or designee, is authorized to revoke a permit whenever:
a. The permittee has failed to comply with this policy;
b. The permittee has violated the City Code;
c. The permittee has misstated any material fact in the application;
d. There is a substantial and material variance between the information in the
application and the actual facts or those facts which appear reasonably to have
occurred; or
e. The permittee is operating in violation of the terms and conditions of the permit.
2. A permittee may appeal the revocation in the same manner as appealing the denial of a
permit.
Fees
1. The fee for the initial permit is $100.
2. The fee to renew the permit is $75.
July 6, 2023June 29, 2023June 21, 2023
Page 5
3. If the City issues the permittee a Notice of Violation and if the permittee has not cured
the violation when the property is reinspected, the permittee shall be assessed a
resinspection fee of $35, which is due in 30 days. If the violation has been cured, no
reinspection fee shall be assessed.
� r
N City Council Supplemental Meeting Packet
CITY OF IOWA CITY July 11, 2023
Information submitted between distribution of late handouts on Monday and 3:00 pm on
Tuesday.
Late Handout(s):
6. Consent Calendar - Resolutions and Motions
Item 6.1 North Gilbert Street Reconstruction - See revised comment.
Comment: The City of Iowa City must acquire right -of- way, fee title, permanent
easements and/or temporary construction easements to construct the North Gilbert
Fa*Feh;id Street Reconstruction Project. This project generally includes the
reconstruction of a section of North Gilbert Street from the south end of the intersection
with Kimball Road and to and inclhir Jin the intersection with Brown Street-
Reaular Formal Aaend
Item 10.c Urban Chicken Permits - See revised resolution.
July 11, 2023 City of Iowa City
Prepared by: Susan Dulek, First Ass't City Attorney,410 E.Washington St., Iowa City, IA 52240(319)356-5030
Resolution No. 23-203
Resolution adopting an urban chicken policy and rescinding
Resolution No. 12-533.
Whereas, Section 8-4-12F of the Iowa City Code allows persons to have urban chickens
pursuant to a permit and provides details of the permit are to be adopted resolution; and
Whereas, in Resolution No. 12-533 Council adopted an urban chicken policy setting forth the
requirements of an urban chicken permit; and
Whereas, the urban chicken policy should be revised to allow for more hens, to allow chickens
in multi-family residences, and to eliminate the need for neighbor consent; and
Whereas, the attached "Urban Chicken Policy" should be adopted.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that:
1. The attached "Urban Chicken Policy" is approved and adopted.
2. Resolution No. 12-533 is rescinded.
Passed and approved this 11th day of July , 2023.
ristilicx. ®—
I
Mayor
Attest: ' 1) - n
City Cle k
Approve
J
City Attorn 's Office
(Sue Dulek-07/11/23)
Resolution No. 23-203
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
Bergus
x Dunn
x Harmsen
x Taylor
x Teague
x Thomas
URBAN CHICKEN POLICY
(Adopted in Resolution No. 23-203)
Definitions
1. Chicken: A member of the subspecies of gallus gallus domesticus, a domesticated
chicken.
2. Coop: A cage, enclosure or building used for housing and protecting chickens from
weather and predators.
3. Feeder: A device or apparatus for supplying food.
4. Nesting Box: A three-sided box with floor where chickens rest and lay eggs.
5. Pen: An enclosure for chickens which allows freedom of movement but also prevents
escape.
6. Roost: A support on which chickens rest.
7. Rooster: A male chicken.
Permit Granted/Denied
The Police Chief, or designee, shall issue an urban chicken permit if:
1. The property has passed inspection.
2. The application fee has been paid.
• 3. There are no outstanding violations of local, state or federal law on the property.
4. The location, coop, and pen meet all the requirements of this policy.
5. The application is complete.
6. If it is a renewal, all outstanding reinspection fees have been paid.
Neighbor Notification
1. Applicants are encouraged to notify owners and/or occupants of adjacent properties they
are applying for an urban chicken permit. The City shall make available a flyer about
this policy applicants may distribute to their neighbors and shall also provide information
about this policy on the City website.
2. Adjacent property means all parcels of property that share a property line with the
applicant's property including properties that contact each other only at one point.
Terms of Permit
The permit shall contain, at a minimum, the following conditions:
1. The permittee shall follow the City Code and state law regarding animal care.
July 12, 2023
Page 2
2. The permittee grants the City the right to inspect the coop and pen one year after the
permit is issued and at any other time to investigate a complaint.
3. The permit is a limited license for the activity and no vested zoning rights arise from the
permit being issued. The permit does not run with the land.
4. Private restrictions on the use of the property shall remain enforceable and shall
supersede the permit. The private restrictions include, but are not limited to, deed
restrictions, condominium restrictions, neighborhood association bylaws, covenants and
restrictions, and rental agreements. A permit issued to a person whose property is
subject to private restrictions that prohibit keeping of chickens is void.
Owner's Permission
1. Tenants must obtain the landlord's written permission to install a coop. By way of
illustration, a tenant who rents a single-family residence must obtain the landlord's
permission as does a tenant who rents an apartment within a 12-unit building.
2. Housing cooperatives are owned by the cooperative, and a tenant (legally known as a
"member" of the cooperative) must obtain the permission of the cooperative to install a
coop.
3. With condominiums (legally known as horizontal property regimes), the owner of the
condominium unit must obtain written permission of the condominium homeowners
association to install a coop. An applicant who leases a condominium unit must obtain
written permission both of the owner of the condominium unit and the condominium
homeowners association.
Site Requirements
1. Coops cannot be within 25 feet from any neighboring habitable structure.
2. Coops cannot be located within 5 feet of the habitable structure on the applicant
property.
3. Coops cannot be located within 5 feet of the property line.
4. Coops and pens shall be located only in the back yard. Back yard means
"rear yard" as defined in the City Zoning Code. Staff shall have the discretion to allow a
coop in a side yard if the property lacks a back yard.
5. If the property contains four or more units, the Police Chief, or designee, may allow more
than one coop to be installed on the property if the Police Chief, or designee, reasonably
finds there is sufficient green space.
Chicken Requirements
1. No more than six hens are allowed
2. Roosters are prohibited.
3. Chickens must be housed in the coop from dusk until dawn.
4. Slaughtering of a chicken is prohibited.
5. Selling of eggs and chickens is prohibited.
July 12, 2023
Page 3
6. Eggs shall be removed within two days of being laid.
7. All feed and other items associated with the keeping of chickens shall be protected in a
manner to prevent rodents from gaining access to or coming into contact with them.
8. Adequate food, water, and shelter shall be provided at all times.
9. A chicken that is outside the pen is "at large" in violation of the City Code.
Coop Requirements
1. Coops may be mobile, known as "tractors."
2. Coops shall be constructed, repaired, and maintained in a manor to prevent rodents
from being harbored underneath or within the walls of the enclosures.
3. Coops shall be built of solid materials such as wood, metal or plastic.
4. Coop floors shall be made of wood or cement set a minimum of 1 foot above ground
level with a slight slope toward the door or other opening to prevent puddling.
5. Coops shall have at least one solid door and window that can be opened for ventilation.
6. If there are four or less chickens, a minimum of 4 square feet of space shall be provided
per chicken inside a coop. If there are five or six chickens, a minimum of 16 square feet
of space in total must be provided inside a coop.
7. Bedding shall consist of wood pellets, pine shavings, or similar material shall be
provided to reduce odor. Straw may not be used for bedding.
8. Feces shall be removed and disposed of in a sealed, enclosed container at a minimum
of once weekly to avoid odor.
9. Coops shall:
a. Be maintained to ensure proper sanitation for maintaining the health of the
chickens and the keepers.
b. Be easy to clean and with good drainage.
c. Protect the flock from extreme temperatures and wind.
d. Keep out rodents, raptors and other predatory animals.
e. Be well ventilated.
f. Be free of drafts and maintains a uniform temperature.
g. Have a roosting area sufficient in number and size for the chickens present.
h. Have one nesting box per chicken.
Have nests that entice hens to lay indoors.
j. Offer plenty of light, both natural and artificial.
k. Provide heat in colder temperatures.
Include sanitary feed and water stations.
m. Be constructed in such a manner that allows easy access for adequate cleaning.
n. Be built in a well-drained area to prevent standing water.
July 12, 2023
Page 4
o. Be large enough to house chickens adequately.
Pen Requirements
1. There shall be a minimum of 4 square feet of space per chicken.
2. The pen may be the entire back yard.
3. If the pen is the entire backyard, the fence for the backyard must be solid and at least 4
feet in height. If the pen is not the entire backyard, the fence must be at least 4 feet in
height and constructed of wood, chicken wire or heavy gauge mesh wire.
4. There must be a well-drained area that allows the chickens to have access to dry ground
at all times.
5. Feces shall be removed and disposed of in a sealed, enclosed container at a minimum
of once weekly to avoid odor.
6. Fecal matter may be used as fertilizer if turned completely into the soil at least once
weekly and there is no noxious odor.
Permit Revocation
1. The Police Chief, or designee, is authorized to revoke a permit whenever:
a. The permittee has failed to comply with this policy;
b. The permittee has violated the City Code;
c. The permittee has misstated any material fact in the application;
d. There is a substantial and material variance between the information in the
application and the actual facts or those facts which appear reasonably to have
occurred; or
e. The permittee is operating in violation of the terms and conditions of the permit.
2. A permittee may appeal the revocation in the same manner as appealing the denial of a
permit.
Fee
1. The fee for the initial permit is $100.
2. The fee to renew the permit is $75.
3. If the City issues the permittee a Notice of Violation and if the permittee has not cured
the violation when the property is reinspected, the permittee shall be assessed a
resinspection fee of $35, which is due in 30 days. If the violation has been cured, no
reinspection fee shall be assessed.
Prepared by:Susan Dulek, First Ass't City Attorney,410 E.Washington St., Iowa City, IA 52240(319)356-5030
Resolution No.
Resolution adopting an urban chicken policy and rescindin.
esolution No. 12-533.
Whereas, Section 8-3-12F of the Iowa City Code allows persons to hav- urban chickens
pursuant to a p:rmit and provides details of the permit are to be ado, ed resolution; and
Whereas, in Resol ion No. 12-533 Council adopted an urban c'icken policy setting forth the
requirements of an u •an chicken permit; and
Whereas, the urban chic n policy should be revised to ow for more hens, to allow chickens
in multi-family residences, :nd to eliminate the need f• neighbor consent; and
Whereas, the attached "Urban hicken Policy" sh• Id be adopted.
Now, therefore, be it resolved by t' - City Cou'cil of the City of Iowa City, Iowa that:
1. The attached "Urban Chicken "di. " is approved and adopted.
2. Resolution No. 12-533 is resci •e•
Passed and approved this day o , 2023.
Mayor
Attest:
City Clerk
Approv_d By
of
City Attorne s office
(Sue Dulek—07/6 /23)
10.
URBAN CHICKEN POLICY
(Adopted in Resolution No. 23- )
Definiti• s
1. Chic :n: A member of the subspecies of gallus gallus domesticus, a domes 'cated
chicken.
2. Coop: A ca e, enclosure or building used for housing and prot- ing chickens from
weather and p -dators.
3. Feeder: A device • apparatus for supplying food.
4. Nesting Box: A three-s'•ed box with floor where chicken rest and lay eggs.
5. Pen: An enclosure for chi, ens which allows fre-•om of movement but also prevents
escape.
6. Roost: A support on which chic' -ns rest.
7. Rooster: A male chicken.
Permit Granted/Denied
The Police Chief, or designee, shall sue an urban c''cken permit if:
1. The property has passe. inspection.
2. The application fee h. been paid.
3. There are no outst. ding violations of local, state or fe• -ral law on the property.
4. The location, co►p, and pen meet all the requirements of t 's policy.
5. The applicati is complete.
6. If it is a ren wal, all outstanding reinspection fees have been pa...
Neighbor No ification
1. Ap 'cants should notify owners and/or occupants of adjacent pr•••erties they are
a Olying for an urban chicken permit. The City shall make available - flyer about this
licy applicants may distribute to their neighbors and shall also prov •e information
about this policy on the City website.
Adjacent property means all parcels of property that share a property li - with the
applicant's property including properties that contact each other only at one poi t.
Terms of Permit
The permit shall contain, at a minimum, the following conditions:
July 7, 2023
Page 2
1. The permittee shall follow the City Code and state law regarding animal care.
2. The permittee grants the City the right to inspect the coop and pen o - year after the
permit is issued and at any other time to investigate a complaint.
3. The permit is a limited license for the activity and no vested zoni r• rights arise from the
•;rmit being issued. The permit does not run with the land.
4. Pri -te restrictions on the use of the property shall r- ain enforceable and shall
supe sede the permit. The private restrictions includ-. but are not limited to, deed
restric 'ons, condominium restrictions, neighborhood --sociation bylaws, covenants and
restricti• s, and rental agreements. A permit iss -d to a person whose property is
subject to •rivate restrictions that prohibit keeping •f chickens is void.
Owner's Permission
1. Tenants must o• ain the landlord's w en permission to install a coop. By way of
illustration, a tena't who rents a s' gle-family residence must obtain the landlord's
permission as does - tenant who rep s an apartment within a 12-unit building.
2. Housing cooperatives - e owne. by the cooperative, and a tenant (legally known as a
"member" of the coopera•'ve) ust obtain the permission of the cooperative to install a
coop.
3. With condominiums (lega own as horizontal property regimes), the owner of the
condominium unit must obtai written permission of the condominium homeowners
association to install a oop. A applicant who leases a condominium unit must obtain
written permission b• h of the o er of the condominium unit and the condominium
homeowners associ.-tion.
Site Requirements
1. Coops canna be within 25 feet from any ne •hboring habitable structure.
2. Coops car not be located within 5 feet of e habitable structure on the applicant
property.
3. Coops annot be located within 5 feet of the prope y line.
4. Coop- and pens shall be located only in the back yard. Back yard means
"rear yard" as defined in the City Zoning Code. Staff all have the discretion to allow a
co•• in a side yard if the property lacks a back yard.
5. If he property contains four or more units, the Police Chie , or designee, may allow more
an one coop to be installed on the property if the Police C 'ef, or designee, reasonably
finds there is sufficient green space.
Ch' ken Requirements
1. No more than six hens are allowed
2. Roosters are prohibited.
3. Chickens must be housed in the coop from dusk until dawn.
4. Slaughtering of a chicken is prohibited.
July 7, 2023
Page 3
5. Selling of eggs and chickens is prohibited.
6. Eggs shall be removed within two days of being laid.
7. A feed and other items associated with the keeping of chickens sh- be protected in a
ma i ner to prevent rodents from gaining access to or coming into tact with them.
8. Adeq -te food, water, and shelter shall be provided at all timer.
9. A chicke' that is outside the pen is "at large" in violation o e City Code.
Coop Requirement
1. Coops may be l obile, known as "tractors."
2. Coops shall be constructed, repaired, and aintained in a manor to prevent rodents
from being harbore• underneath or within e walls of the enclosures.
3. Coops shall be built o' olid materials s ,ch as wood, metal or plastic.
4. Coop floors shall be ma•a of woo. or cement set a minimum of 1 foot above ground
level with a slight slope to =rd the •oor or other opening to prevent puddling.
5. Coops shall have at least one • id door and window that can be opened for ventilation.
6. If there are four or less chic •ns a minimum of 4 square feet of space shall be provided
per chicken inside a coop. f ther. are five or six chickens, a minimum of 16 square feet
of space in total must be •rovided i ide a coop.
7. Bedding shall consis of wood pell.ts, pine shavings, or similar material shall be
provided to reduce o•or. Straw may no' •e used for bedding.
8. Feces shall be ref oved and disposed o 'n a sealed, enclosed container at a minimum
of once weekly t6 avoid odor.
9. Coops shall:
a. Be r aintained to ensure proper sani':tion for maintaining the health of the
ch.. kens and the keepers.
b. r.e easy to clean and with good drainage.
c. Protect the flock from extreme temperatures a,d wind.
d. Keep out rodents, raptors and other predatory a 'mals.
Be well ventilated.
f. Be free of drafts and maintains a uniform temperature
g. Have a roosting area sufficient in number and size for the chickens present.
h. Have one nesting box per chicken.
Have nests that entice hens to lay indoors.
j. Offer plenty of light, both natural and artificial.
k. Provide heat in colder temperatures.
Include sanitary feed and water stations.
m. Be constructed in such a manner that allows easy access for adequate cleaning.
July 7, 2023
Page 4
n. Be built in a well-drained area to prevent standing water.
o. Be large enough to house chickens adequately.
Pen Req►'rements
1. Ther shall be a minimum of 4 square feet of space per chic -n.
2. The pe may be the entire back yard.
3. If the pen . the entire backyard, the fence for the ba yard must be solid and at least 4
feet in heig . If the pen is not the entire backyard the fence must be at least 4 feet in
height and co 'structed of wood, chicken wire or heavy gauge mesh wire.
4. There must be a well-drained area that allows e chickens to have access to dry ground
at all times.
5. Feces shall be remo ed and disposed o in a sealed, enclosed container at a minimum
of once weekly to avoi• odor.
6. Fecal matter may be us=• as fertil ier if turned completely into the soil at least once
weekly and there is no noxious od r .
Permit Revocation
1. The Police Chief, or desi.•ee, is aut •rized to revoke a permit whenever:
a. The permittee :s failed to comp with this policy;
b. The permitte- has violated the City 'ode;
c. The per ' ee has misstated any mate '-I fact in the application;
d. There a substantial and material varian•- between the information in the
application and the actual facts or those fa,is which appear reasonably to have
occ i rred; or
e. e permittee is operating in violation of the ter •s and conditions of the permit.
2. A per r ittee may appeal the revocation in the same manne .s appealing the denial of a
per t.
Fee
1. The fee for the initial permit is $100.
. The fee to renew the permit is $75.
3. If the City issues the permittee a Notice of Violation and if the permitt-- has not cured
the violation when the property is reinspected, the permittee shall be assessed a
resinspection fee of $35, which is due in 30 days. If the violation has been cured, no
reinspection fee shall be assessed.
Prepared By:Rebecca Passavant, City Attorney's Office Administrative
Secretary
Reviewed By:Jennifer L. Schwickerath, Assistant City Attorney
Fiscal Impact:No impact
Staff Recommendation:Approval
Commission Recommendations:N/A
Attachments:Resolution
Item Number: 10.d.
July 11, 2023
Resolution assessing $1500.00 civil penalty and thirty-day retail cigarette permit suspension
against Almost Paradise.
Executive Summary:
Iowa Code Section 453A.22(2) provides that, after a hearing, a civil penalty shall be
assessed when an employee of a retailer violates Iowa Code Section 453A.2(1) by selling or
providing tobacco, tobacco products, or cigarettes to a minor. This hearing is the time
designated for the Council to consider whether to assess such a civil penalty against Almost
Paradise, 355 S. Linn St. The civil penalty for a third violation within a three-year period is
$1500.00 and a thirty-day retail cigarette permit suspension.
Prepared by:Jennifer Schwickerath,Asst.City Attorney,410 E.Washington St.,Iowa City,IA 52244,319-356-5030
Resolution number: 23-204
Resolution assessing $1500.00 civil penalty and thirty-day retail
cigarette permit suspension against Almost Paradise
Whereas, on May 13, 2023, an employee of Emman Abedalla, DBA Almost Paradise, 355
S. Linn St., 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, 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 the first time its employee violates
Iowa Code§453A.2(1), after a hearing and proper notice; either a civil penalty of$1500.00
or a suspension of its permit for a period of thirty (30) days the second time its employee
violates §453A.2(1) within a two-year period, after a hearing and proper notice; and both
a $1500.00 civil penalty and a thirty (30) day permit suspension the third time its
employees violate §453A.2(1) within a three-year period, after a hearing and proper
notice; and
Whereas, a hearing was held on this date by the City Council to determine whether to
assess the civil penalty against Almost Paradise and at said hearing the City Council
heard the facts of the violation and the arguments of the retailer, if any; and
Whereas, this is the third such violation of an employee of Almost Paradise within a
three-year period to be considered by the City Council under Iowa Code §453A.22(2).
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that the
City Council after notice and hearing and pursuant to Iowa Code §453A.22(2) and
§453A.47A(11) hereby imposes a $1500.00 civil penalty and thirty day retail cigarette
permit suspension against Almost Paradise.
Be it further resolved, that said retail cigarette permittee has twenty(20) days from the
date of this Resolution to pay the $1500.00 civil penalty in full to the City Clerk and to
deliver to the City Clerk its retail cigarette permit for service of a thirty day suspension.
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 thisnutlay of July , 2023.
Resolution No. 23-204
Page 2
Mayor "U.-- 'e-IS.A4L--
Approved by
Attest:
City Clerk City Attor ey's Office
(Jennifer Schwickerath —07/03/23)
It was moved by Bergus and seconded by Dunn the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Alter
Bergus
x Dunn
x Harmsen
x Taylor
x Teague
x Thomas
Prepared By:Geoff Fruin, City Manager
Reviewed By:Eric Goers, City Attorney
Fiscal Impact:The $4,550,000 purchase will utilize General Fund
reserves that are in excess of the City's target fiscal
reserve policy
Staff Recommendation:Approval
Commission Recommendations:N/A
Attachments:Resolution.doc
Purchase Agreement
Item Number: 10.e.
July 11, 2023
Resolution approving a Real Estate Sale Agreement for acquisition of 21 S. Linn St., Iowa
City.
Executive Summary:
This item approves a purchase agreement for property located at 21 S. Linn Street in Iowa
City. Acquisition of this property will allow the City to facilitate redevelopment in a manner that
is in the best long-term interests of the community. The purchase price is $4,550,000 and will
be funded with General Fund reserves. It is anticipated that after the acquisition, General
Fund reserve levels will still remain above the City's targeted 25-35% of revenues and
transfers. Planning for the future redevelopment of the site is expected to commence later
this fall.
Background / Analysis:
CA Ventures (CA) acquired the property located at 21 S. Linn Street in 2021 from U.S. Bank
for $3,800,000. CA demolished the one-story bank building on the site and removed the
surrounding surface parking lot in anticipation of building a large-scale student-oriented
residential building. Site plan approval was granted by the City in 2022, which is typically the
last step in the development process prior to an application for a building permit.
Earlier this year, the City began fielding informal inquiries on this property from other
development entities. Staff confirmed with CA that they no longer intend to develop the site
and are seeking to sell the property. The inquiries received generally focused on similar
student-oriented housing opportunities. Some inquiries also focused on expanding the
development site through acquisition of the neighboring properties to the west on Washington
Street. Both the 21 S. Linn Street parcel and the neighboring properties on Washington
Street are already zoned CB-10 and do not have any historic landmark protections.
Given current market conditions, staff believes it is highly likely that any future buyer of the
site will target student-oriented housing. Over the last decade, the City has intentionally
created opportunities for student-oriented housing development in the Riverfront Crossings
District, just south of the University's main campus. Through these efforts, the City has seen
and continues to see strong development interest for student-oriented housing in the
Riverfront Crossings District.
Through the acquisition of the 21 S. Linn property, the City can work to identify uses that the
market may not be producing but that would add to the long-term stability and vibrancy of
Downtown Iowa City. The City's track record in facilitating private redevelopment that
provides long-term economic stability, introduces new uses and enhances the public realm is
strong. For example, the Chauncey redevelopment enabled new state-of-the-art cultural and
entertainment uses, while also including a boutique hotel to expand tourism opportunities,
market rate and public housing, and the redevelopment of a public park to expand use for
community gatherings. Other examples include the redevelopment of the RISE building in
Riverfront Crossings and the redevelopment of public property across from the Iowa City
Public Library that is now home to Hotel Vetro, the Bread Garden Market and numerous other
commercial and residential uses. In each of these cases, the City successfully identified
redevelopment goals and worked with the private sector on the development of projects that
have added considerable long-term value to the overall community.
Should the City Council approve the purchase agreement, it is anticipated that planning
efforts would commence this fall. That effort would likely start with a review of the processes
utilized by the City in the most recent aforementioned publicly facilitated redevelopment
projects (e.g. Chauncey and Rise). Once a framework for a process is agreed upon, the City
would work to establish high-level redevelopment goals and presumably work on the creation
of a Request for Proposals document in 2024 that would begin to solicit interest in private
sector partnership. During this planning phase, which is expected to take a year or more, the
City will utilize the property for construction staging associated with the planned Dubuque
Street reconstruction and/or Senior Center exterior rehabilitation projects. The use of the site
for temporary construction staging will reduce parking pressures and overall construction
related congestion downtown in the short-term.
The purchase price of $4,550,000 reflects an approximate 20% increase over the 2021
acquisition price of $3,800,000 paid by CA. This increase is not inconsistent with the overall
growth of property values over this two-year period and also accounts for considerable
expenses undertaken by CA that will benefit future owners, including building demolition,
removal of surface parking, and a host of engineering related site studies (i.e. environmental,
geotechnical, surveying, off-site utility improvement planning, etc.). Staff believes the
negotiated price is fair and is at or below what the private market would offer for this site. The
purchase agreement contains a short due diligence period of two weeks for the City to review
engineering related studies previously undertaken by CA. Should anything concerning arise
out of that review, the City retains the right to terminate the purchase agreement. Absent that
scenario, the City would expect to close on the property by the end of August.
The City intends to use General Fund Reserves to acquire the property. Even after the
expenditure of $4,550,000 the City projects that reserve levels will be above our targeted
reserve level of 25-35% revenues and transfers in. Should the City sell the property in the
coming years, the funds from the sale will be deposited back in the General Fund, absent
alternative direction from the City Council at that time. Through control of the site, the City
can also ensure the future use provides an ample rate of return from the increased tax base
that not only supports the City of Iowa City, but also Johnson County and the Iowa City
Community School District. This type of analysis would be reviewed and discussed in the
project planning phase and through the developer selection phase in the years ahead.
In summary, the strategic acquisition of this site allows the City to take a lead role in the
redevelopment of this critical property. As has been demonstrated in the past, the City can
work to ensure uses that are considered add to the long-term stability and vibrancy of the
entire community. Absent the City assuming this role, it is likely that current market
conditions may not produce a development that meets long-term goals and may increase the
likelihood that additional properties with historic value are demolished, thus eliminating
smaller-scale retail, office and residential uses that contribute to the character and diversity of
offerings throughout our central business district. Staff fully supports this acquisition and
recommends City Council approval.
Prepared by: Eric R. Goers, City Attorney,410 E.Washington St., Iowa City, IA 52240(319)356-5030
Resolution No. 23-205
Resolution approving a Real Estate Sale Agreement for
acquisition of 21 S. Linn St., Iowa City.
Whereas, staff has negotiated the attached Real Estate Sale Agreement to acquire 21 S.
Linn St. in Iowa City for$4,550,000, contingent on City Council approval; and
Whereas, the property, formerly the U.S. Bank Drive-up location, and currently vacant, is a
property ready for development; and
Whereas, this purchase would allow the City to facilitate the redevelopment of a large
corner lot in the heart of downtown Iowa City in a manner that is in the best long-term
interest of the community.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that:
1. The attached Real Estate Sale Agreement by and between 21 S Linn Iowa
Property, LLC and the City of Iowa City is approved.
2. Upon the direction of the City Attorney, the City Manager is authorized to
execute all documents necessary to purchase the property in accordance with
the Real Estate Sale Agreement and applicable law.
Passed and approved this llth day of July, 2023.
Mayor
Approve by
Attest: 1' •
City Clerk City Attorn 's Office-07/06/23
Resolution No. 23-205
Page 2
It was moved by Dunn and seconded by Bergus 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
REAL ESTATE SALE AGREEMENT
by and between
21 S Linn Iowa Property, LLC
as the Seller
and
The City of Iowa City, Iowa
as the Purchaser
9(12 8i61.4
REAL ESTATE SALE AGREEMENT
THIS REAL ESTATE SALE AGREEMENT(this"Agreement")is made and entered into
effective as of July 11, 2023 (the "Effective Date") by and between 21 S LINN IOWA
PROPERTY, LLC, a Delaware limited liability company (the "Seller"), and THE CITY OF
IOWA CITY, IOWA,a municipality(the"Purchaser").
PRELIMINARY STATEMENTS
A. The Seller is the owner of the real estate hereinafter described; and
B. The Seller desires to sell, and the Purchaser desires to buy, the real estate at the
price and on the terms and conditions set forth herein.
In consideration of the recitals,the mutual covenants hereafter set forth, and other good
and valuable consideration,the receipt and sufficiency of which are mutually acknowledged, it is
agreed by and between the parties as follows:
1. Premises. The real estate is legally described on Exhibit A attached hereto and is
located at 21 South Linn Street in Iowa City,Iowa,along with all structures or other improvements
owned by Seller located thereon;all rights,benefits,privileges,easements and other appurtenances
to such Iand, if any; and, all of Seller's rights in any unpaid award for damage by reason of any
condemnation proceedings or change of grade of any highway,street,road or avenue(collectively,
the"Premises").
2. Sale/Conveyance of the Premises. The Seller agrees to sell, convey and assign to
the Purchaser, and the Purchaser agrees to buy from the Seller, at the price and upon the other
terms and conditions hereafter set forth the Premises. Title to the Premises shall be conveyed to
the Purchaser by a warranty deed (the "Deed") executed by the Seller, in substantially the form
attached hereto as Exhibit B.
3. Purchase Price; Earnest Money. The purchase price for the Premises shall be
Four Million, Five Hundred Fifty Thousand and No/100 Dollars ($4,550,000.00) (the"Purchase
Price")payable by the Purchaser to the Seller as follows:
(a) Within two (2) business days after the Effective Date, the Purchaser shall
deposit into an escrow (the"Escrow") to be established by the Seller with the Chicago national
office of First American Title Insurance Company (the "Escrow Agent"), as earnest money
hereunder,the sum of Forty-Five Thousand, Five Hundred and No/100 Dollars($45,500.00)(the
"Initial Deposit" and, collectively with the Additional Deposit (as defined in Section 9 below),
if made, the "Earnest Money"). The Initial Deposit shall remain refundable until the expiration
of the Due Diligence Period. At the closing of the transactions contemplated by this Agreement
(the "Closing"), the Purchaser shall receive a credit against the Purchase Price for the Earnest
Money.
(b) The Purchase Price, less a credit for the Earnest Money, and plus or minus
prorations and adjustments as set forth in Section 14 hereof, shall be paid by the Purchaser to the
90278361.4
Seller by wire transfer of immediately available federal funds on the Closing Date (as defined
below).
4. Abstract and Title. Seller, at its expense, shall promptly obtain an abstract of title
to the Property continued through the date of acceptance of this Agreement, and deliver it to
Purchaser's attorney for examination. It shall show merchantable title in Seller in conformity with
this Agreement and Applicable Law. The Seller shall make every reasonable effort to promptly
perfect title. If closing is delayed due to Seller's inability to provide marketable title, this
Agreement shall continue in force and effect until either party rescinds the Agreement after giving
ten(10) days written notice to the other party.The abstract shall become the property of Purchaser
when the purchase price is paid in full. Seller shall pay the costs of any additional abstracting and
title work due to any act or omission of Seller, including transfers by or the death of Seller or their
assignees.
5. Property Information. Seller acknowledges that it obtained a report from a third-
party, which third-party analyzed the history or nature of any hazardous materials, substances,
conditions, or wastes located on the Premises (the "Phase I Report"), and the Seller obtained a
survey of the Premises(the"Survey"). Within one(1)business day following the Effective Date,
the Seller shall deliver to the Purchaser,to the extent in the Seller's possession and control,copies
of the following: (i) the Survey, (ii) the Phase I Report, (iii) any additional information listed on
Exhibit D attached hereto, if any((i) through(iii),collectively,the"Property Information").
6. Seller's Representations and Warranties. As a material inducement to the
Purchaser to execute this Agreement and consummate this transaction, the Seller represents and
warrants to the Purchaser as of the date hereof and continuing through and including the Closing
Date as follows:
(a) Organization and Authority. The Seller has been duly organized and is validly existing
as a Delaware limited liability company. The Seller has the full right and authority to enter
into this Agreement, and subject to all Applicable Laws (defined below), consummate or
cause to be consummated the sale and make or cause to be made transfers and assignments
contemplated herein and has obtained, or will obtain prior to Closing, all consents (if any)
required therefor. The persons signing this Agreement on behalf of the Seller are
authorized to do so by the parties that control Seller. This Agreement and all of the
documents to be delivered by the Seller at the Closing have been (or will be) authorized
and properly executed and will constitute the valid and binding obligations of the Seller,
enforceable against the Seller in accordance with their terms.
(b) Conflicts. There is no contractual agreement to which the Seller is a party or which
affects or encumbers the Premises, which is in conflict with this Agreement, would be
breached or violated by this Agreement or the performance thereof or which would limit
or restrict the timely performance by the Seller of its obligations pursuant to this
Agreement.
(c) Litigation: Condemnation. There is no legal action, suit or proceeding pending or,to
the Seller's Knowledge, threatened in writing against either the Seller or the Premises
which: (i) if adversely determined, would materially and adversely affect the Premises,
90278361.4
and/or the ownership or operation thereof after Closing, or (ii) which materially and
adversely challenges or impairs the Seller's ability to execute, deliver or perform this
Agreement or consummate the transaction contemplated hereby. There is no pending
condemnation, eminent domain proceeding or similar legal proceeding affecting the
Premises, or to Seller's Knowledge, any threatened condemnation, eminent domain
proceeding or similar legal proceeding that would affect the Premises.
(d) Parking Lease. Reference is made to that certain Parking Lease Agreement by and
between the Seller, as lessor, and U.S. Bank National Association, a national banking
association, as lessee,dated as of October 1,2021 (the"Parking Lease"). To the Seller's
Knowledge, neither the Seller nor the Lessee is in default with respect to any of its
obligations or liabilities pertaining to the Parking Lease. The Seller has delivered (or
within one (1)business day following the Effective Date will deliver) to Purchaser a true,
correct, and complete copy of the Parking Lease. Other than the Parking Lease, there are
no leases, licenses, occupancy or use, or other rental agreements to which the Seller is a
party or is bound affecting any portion of the Premises as of the Effective Date. The Seller
covenants in good faith to seek a termination of the Parking Lease from and after the
Effective Date until Closing, at Seller's expense. Seller is not obligated to pay any
termination fee in excess of$50,000 unless consented to by Seller, in its sole discretion
("Parking Lease Termination"). In the event Seller is unable to secure Parking Lease
Termination,Seller shall provide Purchaser with a credit of$50,000 at Closing(see Section
11(c) below.)
(e) Withholding Obligation. The Seller is not a "foreign person" within the meaning of
Section 1445 of the Internal Revenue Code of 1986, as amended.
(f) Environmental. Seller has received no written notice of violations of any federal
environmental laws in effect on the date of this Agreement or any state, county and other
local laws, regulations and ordinances that are equivalent or similar to such federal laws or
that purport to regulate hazardous materials. To Seller's Knowledge, the Premises is not
subject to any local,state,or federal judicial or administrative action,investigation or order,
as the case may be, regarding wells, solid waste disposal sites, hazardous wastes or
substances, or underground storage tanks. In the event that Seller becomes aware of any
such action, investigation or order, Seller shall promptly notify Purchaser of such matter.
(g) ERISA. Seller is not(and, throughout the period transactions are occurring pursuant
to this Agreement, will not be) an entity deemed to hold plan assets of any "employee
benefit plan" as defined in Section 3(3) of ERISA that is subject to Title I of ERISA or
"plan"as defined in and subject to Section 4975 of the Code pursuant to 29 C.F.R. Section
2510.3-101, as modified by Section 3(42) of ERISA. None of the transactions
contemplated by this Agreement are in violation of any statutes applicable to Seller that
regulate investments of, and fiduciary obligations with respect to, governmental plans and
that are similar to the provisions of Section 406 of ERISA or Section 4975 of the Code. As
used herein,"ERISA"means the United States Employee Retirement Income Security Act
of 1974, as amended.
90278361.4
(h) Legal Violation Notices. Seller has not received written notice concerning the
operation or management of the Premises, or any portion thereof, from any governmental
authority stating that the Premises, or any portion thereof, is in violation of any federal,
state,county,or city statute,ordinance, code,rule, or regulation which remains uncured as
of the Effective Date.
(i) OFAC. Seller is in compliance with the requirements of Executive Order No. 13224,
66 Fed.Reg.49079(Sept.25,2001)(the"Order")and other similar requirements contained
in the rules and regulations of the office of Foreign Assets Control, Department of the
Treasury ("OFAC") and in any enabling legislation or other Executive Orders or
regulations in respect thereof(the Order and such other rules, regulations, legislation, or
orders are collectively called the"Orders"). Neither Seller nor,to Seller's knowledge,any
beneficial owner of Seller:
(i) is listed on the Specially Designated Nationals and Blocked Persons List
maintained by OFAC pursuant to the Order and/or on any other list of terrorists or
terrorist organizations maintained pursuant to any of the rules and regulations of
OFAC or pursuant to any other applicable Orders(such lists are collectively referred
to as the"Lists");
(ii) is a person who has been determined by competent authority to be subject to
the prohibitions contained in the Orders;
(iii) is owned or controlled by, nor acts for or on behalf of, any person or entity on
the Lists or any other person or entity who has been determined by competent
authority to be subject to the prohibitions contained in the Orders; or
(iv) shall transfer or permit the transfer of any interest in Seller or any beneficial
owner in Seller to any person or entity who is, or any of whose beneficial owners
are, listed on the Lists.
Seller hereby covenants and agrees that if Seller obtains knowledge that Seller or any of its
beneficial owners becomes listed on the Lists or is indicted, arraigned, or custodially
detained on charges involving money laundering or predicate crimes to money laundering,
Seller shall immediately notify Purchaser in writing, and in such event, Purchaser shall
have the right to terminate this Agreement without penalty or liability to Seller immediately
upon delivery of written notice thereof to Seller. In such event the Earnest Money shall
promptly be returned to Purchaser, and neither party shall have any further liability or
obligation to the other under this Agreement, except for any other provision of this
Agreement that is intended to survive the termination of this Agreement.
(j) Seller covenants and agrees that during the period from the date of this Agreement
through and including the Closing Date: subject to any Applicable Laws, Seller will
continue to use commercially reasonable efforts to operate and maintain the Premises in
accordance with its ordinary course past practices.
90278361.4
For purposes of this Section 6, the term "Seller's Knowledge" means the actual knowledge of
Cheng Chen and Catherine Kurtz as indirect executives or asset managers of Seller(collectively,
the"Knowledge Individuals"), without any duty of separate inquiry and investigation, and shall
not include or be deemed to include imputed knowledge or any matter not within the actual
knowledge of the Knowledge Individuals. In addition, the Knowledge Individuals shall not have
any personal liability on account of any breach of any representation or warranty made by Seller
in this Agreement. The Seller represents to the Purchaser that the Knowledge Individuals are the
persons who are the most knowledgeable about the representations and warranties that are
qualified by the Seller's Knowledge herein.
7. Purchaser's Representations and Warranties. As a material inducement to the
Seller to execute this Agreement and consummate this transaction, the Purchaser represents and
warrants to the Seller as of the date hereof and continuing through and including the Closing that
the Purchaser is validly existing as a municipality pursuant to the laws of the State of Iowa. This
Agreement and all of the documents to be delivered by the Purchaser at the Closing have been(or
will be)authorized and properly executed and will constitute the valid and binding obligations of
the Purchaser, enforceable against the Purchaser in accordance with their terms.
8. Representations and Warranties Prior to Closing. The validity and accuracy in
all material respects of the foregoing representations and warranties as of the date made and as of
the Closing Date shall be a condition precedent to the obligation of the party to whom the
representation and warranty is given to close the transaction contemplated herein. If any of the
Seller's representations and warranties shall not be true and correct in any material respect at the
time and regardless as to whether the Purchaser becomes aware of such fact through the Seller's
notification or otherwise, then (after the Seller has been provided at least thirty (30) days' prior
written notice (as applicable, the "Seller Cure Period") by Purchaser during which Seller may
cure such issue with the representations or warranties), the Purchaser may, at its option, exercise
by written notice to the Seller(and as its sole and exclusive remedy)its decision to either: proceed
with this transaction, accepting the applicable representation and warranty as being modified by
such subsequent matters or knowledge and waiving any right relating thereto, if any, or terminate
this Agreement and declare this Agreement of no further force and effect, in which event the
Earnest Money shall promptly be released to the Purchaser and the parties shall have no further
liability hereunder by reason thereof, except for any other provision of this Agreement that is
expressly intended to survive the termination of this Agreement.
9. Due Diligence Period.
(a) The Purchaser shall have a period beginning on the Effective Date and
ending at 3:00 p.m. (Central)on the date that is sixteen(16)calendar days following the Effective
Date(the"Due Diligence Period")to review of the Property Information,and, in the Purchaser's
sole and absolute discretion, to determine whether the Purchaser wishes to proceed to purchase
the Premises.
(b) The Purchaser may terminate this Agreement for any reason or for no reason
by giving written notice of such termination to the Seller on or before the last day of the Due
Diligence Period. If this Agreement is terminated pursuant to this section, the Escrow Agent shall
promptly return the Initial Deposit to the Purchaser, and neither party shall have any further
90278361.4
liability or obligation to the other under this Agreement. Following the expiration of the Due
Diligence Period, the Initial Deposit shall be nonrefundable to Purchaser except in the event a
default or breach hereunder by Seller.
(c) If the Purchaser has not terminated this Agreement in accordance with
Section 9(b), then by no later than one (1) business day following the expiration of the Due
Diligence Period, the Purchaser shall deposit into the Escrow, as additional Earnest Money
hereunder, the sum of Forty-Five Thousand Five Hundred and No/100 Dollars ($45,500.00)(the
"Additional Deposit"),which Additional Deposit shall be nonrefundable to Purchaser except in
the event of a default or breach hereunder by Seller.
10. Closing.
(a) The Closing shall be accomplished through the escrow referred to in
Section 10(b)below,and shall take place on the date that is mutually acceptable to the Purchaser
and Seller, which date shall be no later than thirty (30) days following the expiration of the Due
Diligence Period (the "Closing Date"); provided that, to the extent that a Seller Cure Period
applies, the Closing Date shall be extended to a date that is mutually acceptable to the Purchaser
and Seller,which date shall be no later than three(3)business days after earlier to occur of(i)the
issue with the representations and warranties is cured by Seller in accordance with Section 8
hereof and Seller has provided written notice thereof to Purchaser, and (ii) the expiration of the
Seller Cure Period.
(b) On or prior to the date set for Closing under this Agreement,the parties shall
establish a warranty deed and money escrow with the Escrow Agent. Counsel for the respective
parties is hereby authorized to execute the escrow trust instructions as well as any amendments
thereto on behalf of their respective clients.
11. Documents to be Delivered to the Purchaser at Closing.
At Closing, the Seller shall deliver or cause to be delivered to the Purchaser each of the
following instruments and documents:
(a) Deed. The Warranty Deed, in the form attached hereto as Exhibit B,
together with a Real Estate Transfer-Groundwater Hazard Statement.
(b) FIRPTA. An affidavit, in the form attached hereto as Exhibit C, stating the
Seller's U.S. taxpayer identification number and that the Seller is a "United States person", as
defined by Internal Revenue Code Section 1445(f)(3)and Section 7701(b).
(c) Parking Lease Matters. Seller shall either provide: (i) a commercially
reasonable Parking Lease Termination,or(ii)an assignment and assumption of the Parking Lease
("Parking Lease Assignment"), in a form reasonably satisfactory to Seller and Purchaser, and
Seller shall provide Purchaser with a credit of$50,000 at Closing.
(d) Transfer Tax Declarations. Copies of any required real estate transfer tax
excise or documentary stamp tax declarations required to be executed by the Seller or any other
90278361.4
similar documentation required to evidence the payment of any tax imposed by the state, county
and city on the transaction contemplated hereby.
(e) Fence Agreement Matters. The Seller shall either provide: (i) a
commercially reasonable termination of that certain agreement dated December 6, 2021 by and
between Seller and Lovewell Commercial Fence & Rail ("Fence Agreement"), or (ii) an
assignment and assumption of the Fence Agreement ("Fence Agreement Assignment"), in a
form reasonably satisfactory to Seller and Purchaser.
(f) Other Deliveries. Such other documents and instruments as may be
reasonably required by any other provision of this Agreement to carry out the terms and intent of
this Agreement.
12. Documents to be Delivered to the Seller at Closing.
At Closing, the Purchaser shall deliver or cause to be delivered to the Seller each of the
following instruments, documents, and amounts:
(a) Purchase Price. The Purchase Price calculated pursuant to Section 3 hereof,
subject to adjustment and proration as provided in Section 14 below.
(b) Transfer Tax Declarations. Copies of any required real estate transfer tax
excise or documentary stamp tax declarations required to be executed by the Purchaser or any
other similar documentation required to evidence the payment of any tax imposed by the state,
county and city on the transaction contemplated hereby.
(c) Possible Assignment of Parking Lease and/or Fence Agreement. A
counterpart to the assignment and assumption of the Parking Lease Assignment and/or Fence
Agreement Assignment, if applicable.
(d) Other Documents. Such other documents and instruments as may be
reasonably required by any other provision of this Agreement to carry out the terms and intent of
this Agreement.
13. Documents to be Delivered by the Seller and the Purchaser at Closing.
At Closing, the Purchaser and the Seller shall deliver or cause to be delivered each of the
following instruments and documents:
(a) Escrow Instructions. Escrow instructions as described in Section 10(bl.
(b) Settlement Statement. A fully executed settlement statement.
14. Prorations and Adjustments. Taxes and operating or other expenses of the
Premises shall be prorated as of 12:01 a.m. on the day of Closing, with Purchaser receiving all
income and being responsible for all expenses attributable to the period from and after such time
and Seller receiving all income and being responsible for all expenses attributable to the period
prior to such time. At least two (2) business days prior to the Closing Date, Seller shall supply
90278361.4
Purchaser with the necessary information to compute or estimate the prorations, including such
supporting evidence as Purchaser reasonably requests.
Real estate taxes and assessments will be prorated between Purchaser and Seller for
the period for which such taxes are assessed,regardless of when payable,with such amounts to be
apportioned on the current fiscal year basis of the applicable taxing authority. If the current tax
bill is not available at Closing, then the proration shall be made on the basis of 100% of the most
recent ascertainable tax assessment and tax rate. Any taxes paid at or prior to Closing shall be
prorated based upon the amounts actually paid. If taxes and assessments for the fiscal year in
which Closing occurs or any prior years have not been paid before Closing, Purchaser shall be
credited by Seller at the time of Closing with an amount equal to that portion of such taxes and
assessments which are ratably attributable to the period before the Closing Date and Purchaser
shall pay (or cause to be paid) the taxes and assessments prior to their becoming delinquent. If
taxes and assessments for the fiscal year in which Closing occurs have been paid before Closing
(or are paid at Closing with proceeds from the Purchase Price), Seller shall be credited by
Purchaser at the time of Closing with an amount equal to that portion of such taxes and assessments
which are ratably attributable to the period from and after the Closing Date.
15. Default; Termination.
(a) If the Purchaser defaults in any material respect hereunder prior to Closing
(including but not limited to a failure to timely deposit the Initial Deposit and, if applicable, the
Additional Deposit), the SeIler's sole and exclusive remedy shall be to terminate this Agreement
by giving written notice thereof to the Purchaser, whereupon the Earnest Money (or the portion
thereof which has been deposited by the Purchaser with the Title Insurer)shall be disbursed to and
retained by the Seller as liquidated damages as the Seller's sole and exclusive remedy,and neither
party shall have any further liability or obligation to the other, except for any other provision of
this Agreement that is expressly intended to survive the termination of this Agreement. The parties
acknowledge and agree that the Seller's actual damages in the event of Purchaser's default are
uncertain in amount and difficult to ascertain and that said amount of liquidated damages was
reasonably determined and is not a penalty. The Seller may not exercise its sole remedy if the
Seller is in default in any material respect under this Agreement.
(b) If the Seller defaults in any material respect hereunder prior to Closing,the
Purchaser may, at its sole election, either: (1) terminate this Agreement, whereupon the Earnest
Money shall be immediately returned to Purchaser,and neither party shall have any further liability
or obligation to the other, except for any other provision of this Agreement that is expressly
intended to survive the termination of this Agreement, or (2) waive such default and proceed to
Closing. The Purchaser may not exercise its remedies hereunder if the Purchaser is in default in
any material respect under this Agreement.
(c) In addition to any other limitations herein, in no event shall either party be
liable to the other for consequential, special, or punitive damages.
16. Intermediaries. The Seller represents to the Purchaser, and the Purchaser
represents to the Seller,that there is no broker, finder,or intermediary of any kind with whom such
party has dealt in connection with this transaction. If any claim is made for broker's or finder's
902 783 6 I.4
fees or commissions in connection with the negotiation, execution or consummation of this
Agreement or the transactions contemplated hereby by or through acts of Seller or Purchaser or
their respective partners, agents or affiliates, then Seller or Purchaser, as applicable, shall defend,
indemnify and hold harmless the other party from and against any such claim based upon any
statement, representation or agreement of such party,which obligation shall survive Closing.
17. General Provisions.
(a) Entire Agreement. This Agreement, including all exhibits and schedules
attached hereto and documents to be delivered pursuant hereto, shall constitute the entire
agreement and understanding of the parties with respect to the subject matter contained herein,
and there are no other prior or contemporaneous written or oral agreements, undertakings,
promises,warranties,or covenants related to such subject matter not contained herein.
(b) Amendments iu Writing. This Agreement may be amended only by a
written agreement executed by all of the parties hereto.
(c) Waiver. No waiver of any provision or condition of this Agreement by any
party shall be valid unless in writing signed by such party. No such waiver shall be taken as a
waiver of any other or similar provision or of any future event, act, or default. No extension of
time for performance of any obligations or acts shall be deemed an extension of the time for
performance of any other obligations or acts.
(d) Time of the Essence: Business Days. Time is of the essence of this
Agreement. To the extent that any date provided for in this Agreement or by law falls on a
Saturday, Sunday or legal holiday recognized by the City of Iowa City, Iowa, such date shall be
deemed to refer to the next day which is not a Saturday, Sunday,or legal holiday.
(e) Severability. Except as otherwise provided in the succeeding sentence,
every term and provision of this Agreement is intended to be severable, and if any term or
provision of this Agreement is illegal or invalid for any reason whatsoever, such illegality or
invalidity shall not affect the legality or validity of the remainder of this Agreement. The
preceding sentence shall be of no force or effect if the consequence of enforcing the remainder of
this Agreement without such illegal or invalid term or provision would be to cause any party to
lose the benefit of its economic bargain.
(f) Headings. Headings of sections are for convenience of reference only,and
shall not be construed as a part of this Agreement.
(g) Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefits of the parties hereto, and their respective successors, and permitted assigns.
This Agreement may not be assigned by either party without the prior written consent of the other
party.
(h) Notices. Any notice required or permitted to be given under this Agreement
shall be in writing and shall be deemed to be an adequate and sufficient notice if given in writing
and delivery is made either by: (i) personal delivery, in which case the notice shall be deemed
received the date of such personal delivery or refusal of receipt, (ii) nationally recognized
90278361.4
overnight air courier service,next day delivery,prepaid, in which case the notice shall be deemed
to have been received one (1) business day following delivery to such nationally recognized
overnight air courier service or refusal of receipt, or(iii) email,provided that delivery thereof is
acknowledged by the receiving party, evidenced by the sender's receipt of a receipt evidencing
delivery from its email program, or the sender of an email notice otherwise does not receive any
indication that such email did not get delivered properly to the applicable recipient, and to the
following addresses or email addresses, as applicable:
IF TO THE PURCHASER:
The City of Iowa City
410 East Washington Street
Iowa City, Iowa 52240-1826
Attention: Geoff Fruin
Email: trfrumaiowa-citV.ors
with copies to:
The City of Iowa City
410 East Washington Street
Iowa City, Iowa 52240-1826
Attention: Eric Goers
Email: egoers( iowa-city_org
IF TO THE SELLER:
21 S Linn Iowa Property, LLC
c/o CA Ventures
448 N. LaSalle Drive, Floor 2
Chicago, Illinois 60654 •
Attention: Cheng Chen and Michael Merola
Email: cchen( ca-ventures.com and minerola(ca-ventures.com
with copies to:
Polsinelli PC
150 N. Riverside, Suite 3000
Chicago, Illinois 60606
Attention: Eric G. Greenfield, Peter K.Booth and Patrick J. Elder
Email: egreenfield(apolsinelii.com,pbooth@polsinelli.com,polsinelli.com and
pelderQiipolsinelli.com
or to such additional or other persons,at such other address or addresses as may be designated by
notice from the Purchaser or the Seller, as the case may be, to the other party. Any notice to be
given and delivered pursuant to this Agreement (including without limitation, any notice or
responses related to title, survey or other due diligence matters) may be given and delivered by
either Purchaser or its counsel or Seller or its counsel and the delivery of notice by counsel instead
9027836 I.4
of the applicable Purchaser or Seller is expressly permitted and agreed to by the parties to this
Agreement and each party's counsel shall be deemed a permitted and authorized agent of such
party for purposes of giving and delivering notices until the time that the Purchaser or Seller
notifies the other party in writing that their counsel does not have authority to give and deliver
notices of this Agreement on its behalf, respectively.
(i) Governing Law. This Agreement shall be governed in all respects by the internal
laws of the State of Iowa.
(j) Counterparts; Non-Paper Records. This Agreement may be signed or otherwise
authenticated in any number of counterparts and by different parties to this Agreement on separate
counterparts, each of which, when so authenticated, shall be deemed an original, but all such
counterparts shall constitute one and the same Agreement. Any signature or other authentication
delivered by facsimile or electronic transmission shall be deemed to be an original signature hereto.
Each party who signs or otherwise authenticates this Agreement hereby: (1)agrees that the other
party may create a duplicate of this Agreement by storing an image of it in an electronic or other
medium(a"Non-Paper Record");(2)agrees that,after creating the Non-Paper Record,such party
may discard or destroy the original in reliance on this Section; (3) agrees that the Non-Paper
Record shall be treated as the original for all purposes; and(4)expresses its present intent to adopt
and accept the Non-Paper Record as an authenticated record of this Agreement. This Agreement,
when signed or authenticated pursuant to this Section, shall be evidence of the existence of this
Agreement and may be received in all courts and public spaces as conclusive evidence of the
existence of this Agreement and that this Agreement was duly executed by the parties to this
Agreement.
(k) 1031 Exchange. The Seller may each structure the sale of the Premises as a like-
kind exchange under Internal Revenue Code Section 1031 at such party's sole cost and expense.
Purchaser shall reasonably cooperate therein, provided that it shall incur no costs, expenses or
liabilities in connection with Seller's exchange and shall not be required to take title to or contract
for purchase of any other property.
(1) No Personal Liability. Notwithstanding anything in this Agreement to the contrary,
under no circumstances shall Seller's constituent partners or members, the Seller's Knowledge
Individuals, Seller's asset manager, or Seller's employees or agents have any personal liability
hereunder.
(m) No Recording of Agreement or Memorandum. Prior to Closing,Purchaser agrees
not to record a copy of this Agreement or any other document against the Premises, except in
connection with,and after or concurrently with, the proper and good faith'filing of a suit for
specific performance.
•
(n) As Is Sale.
EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES OF
THE SELLER SET FORTH IN THIS AGREEMENT AND WARRANTY DEED, THE
PURCHASER UNDERSTANDS AND AGREES THAT THE SELLER IS NOT MAKING
AND HAS NOT AT ANY TIME MADE ANY WARRANTIES OR REPRESENTATIONS
9027$36 L4
OF ANY KIND OR CHARACTER, EXPRESSED OR IMPLIED, WITH RESPECT TO
THE PREMISES. THE PURCHASER ACKNOWLEDGES AND AGREES THAT UPON
CLOSING THE SELLER SHALL TRANSFER AND CONVEY TO THE PURCHASER
AND THE PURCHASER SHALL ACCEPT THE PREMISES "AS IS, WHERE IS,WITH
ALL FAULTS",EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE IN
THIS AGREEMENT OR IN ANY AGREEMENT OR INSTRUMENT EXECUTED BY
THE SELLER AND DELIVERED TO THE PURCHASER AT CLOSING.
(o) City Council Aporoval. The Seller and Purchaser acknowledge and agree that the
effectiveness of this Agreement is subject to approval by the City Council of Iowa City. Said
approval will be sought using good faith efforts-at the July 11, 2023 City Council meeting or, if
not approved by City Council by such date, no later than August 1,2023.
[Signature Page Follows]
90275361.4
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day
and year first above written pursuant to proper authority duly granted.
SELLER:
21 S LINN IOWA PROPERTY, LLC,
a Delaware limited liability company
By: �.
Name: Cheng Chen
Title: Authorized Signatory
By:
Nam . David ose
Title: Authorized Signatory
PURCHASER:
THE CITY OF IOWA CITY, IOWA,
a municipality
By:
Name: Gee Fruin, City Manager
EXHIBIT A
LEGAL DESCRIPTION OF PREMISES
LOT 1, IN BLOCK 66, IOWA CITY,JOHNSON COUNTY, IOWA.
THE EAST 26 FEET AND EIGHT AND ONE-HALF INCHES OF LOT 2, IN BLOCK 66,
IOWA CITY, JOHNSON COUNTY, IOWA, EXCEPT THE SOUTH 30.42 FEET OF THE
WEST 2.87 FEET THEREOF.
THE EAST 0.67 FEET OF THE NORTH 25.92 FEET OF THE SOUTH 30.42 FEET OF THE
WEST 2.87 FEET OF THE EAST 26 FEET AND EIGHT AND ONE-HALF INCHES OF LOT
2, IN BLOCK 66, IOWA CITY,JOHNSON COUNTY, IOWA.
902783614
EXHIBIT B
FORM OF DEED
WARRANTY DEED
Prepared by:
Return to: Eric Goers,City Attorney,410 E.Washington St.,Iowa City, IA 52240(319)356-5030
Tax Statements To: City of Iowa City;410 E. Washington Street,Iowa City,IA 52240
Grantor(s): 21 S.Linn Iowa Property,LLC,448 N.LaSalle Drive, Floor 2,Chicago, IL 60654
Grantee(s): City of Iowa City,Iowa
WARRANTY DEED
For valuable consideration, 21 S LIMN IOWA PROPERTY, LLC, a Delaware limited
liability company, (Grantor), does hereby convey to City of Iowa City, Iowa, a municipal
corporation (Grantee), the following described real estate in Johnson County, Iowa:
The property described on the attached Exhibit"A".
Grantor does hereby Covenant with Grantee, and successors in interest, that Grantor holds
the real estate by title in fee simple; that it has good and lawful authority to sell and Convey the
real estate; that the real estate is free and clear of all liens and encumbrances; and Grantor
covenants to warrant and defend the real estate against the lawful claims of all persons. The
undersigned hereby relinquishes all rights of dower,homestead and distributive share in and to the
real estate.
Words and phrases herein, including acknowledgment hereof, shall be construed as in the
singular or plural number, and as masculine or feminine gender, according to the context.
Date: By:
Name& Title
STATE OF ,•
COUNTY )ss:
This record was acknowledged before rue on this day of , 2023, by
as of
Notary Public in and for the State of
91)278361.4
EXHIBIT "A"
Legal Description
LOT 1, IN BLOCK 66, IOWA CITY,JOHNSON COUNTY, IOWA.
THE EAST 26 FEET AND EIGHT AND ONE-HALF INCHES OF LOT 2,IN BLOCK 66,
IOWA CITY,JOHNSON COUNTY, IOWA, EXCEPT THE SOUTH 30.42 FEET OF THE
WEST 2.87 FEET THEREOF.
THE EAST 0.67 FEET OF THE NORTH 25.92 FEET OF THE SOUTH 30.42 FEET OF THE
WEST 2.87 FEET OF THE EAST 26 FEET AND EIGHT AND ONE-HALF INCHES OF LOT
2, IN BLOCK 66, IOWA CITY,JOHNSON COUNTY, IOWA.
90278361.3
90278361.4
EXHIBIT C
FORM OF FIRPTA AFFIDAVIT
Section 1445 of the Internal Revenue Code, as amended, provides that a transferee of a
United States real property interest must withhold tax if the transferor is a foreign person. To
inform the Transferee (as defined below) that withholding of tax is not required upon the
disposition of a United States real property interest by 21 S Linn Iowa Property, LLC, a Delaware
limited liability company(the"Transferor")to The City of Iowa City, Iowa, a municipality (the
"Transferee")relating to the real property 21 S. Linn Street, Iowa City, Iowa(the"Transferred
Interests"), the undersigned, being first duly sworn upon oath, does hereby depose and say, and
does hereby on behalf of the Transferor represent that the following is true as of the date hereof:
1. Each of is an authorized signatory of the Transferor, and is
familiar with the affairs and business of the Transferor;
2. The Transferor is not a foreign person; that is, the Transferor is not a nonresident
alien, a foreign corporation, foreign partnership, foreign trust or foreign estate (as all such terms
are defined in the Internal Revenue Code of 1986, as amended, and United States Treasury
Department Income Tax Regulations in effect as of the date hereof);
3. The Transferor is a limited liability company duly organized, validly existing and
in good standing under the laws of the State of Delaware;
4. The Transferor's United States employer identification number is
5. The Transferor's office address and principal place of business is do CA Ventures,
448 N. LaSalle Drive, Floor 2, Chicago, IL 60654; and
6. Transferor is not a disregarded entity as defined in §1.1445-2(b)(2)(iii).
The undersigned and the Transferor understand that this affidavit and certification may be
disclosed to the United States Internal Revenue Service by the Transferee and that any false
statement contained herein could be punished by fine, imprisonment, or both.
All terms (whether capitalized or not) used but not defined herein shall have the same
respective meanings as in the Internal Revenue Code of 1986, as amended, and the United States
Treasury Department Income Tax Regulations in effect as of the date hereof.
Under penalties of perjury,we declare that we have examined this affidavit and certificate,
and to the best of our knowledge and belief, it is true, correct, and complete. We further declare
that we have authority to sign this affidavit and certificate on behalf of the Transferor.
90278361.3
90278361.4
•
IN WITNESS WHEREOF,Transferor has executed and delivered this FIRPTA Affidavit
as of , 2023.
21 S LINN IOWA PROPERTY, LLC,
a Delaware limited liability company
By:
Name:
Its:
902783613
90276361.4
EXHIBIT D
List of Property Information
• Phase 1 Environmental Site Assessment
o Limited Site Investigation Report
o Pre-Demolition Hazardous Building Materials Inspection Report
+ FAA Aeronautical Study
+ Geotechnical Engineering Report
+ 100%,Design Development Plans
o Parking Lease Agreement
• Fence Agreement
• Survey
+ Owners Policy of Title Insurance
o Utility Relocation Coordination Letter
• Utility Will Serve Letters
4027836 .4