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HomeMy WebLinkAbout2023-12-12 ResolutionItem Number: 5.b. CITY OF IOWA CITY COUNCIL ACTION REPORT December 12, 2023 Resolution amending the budgeted position in Equity and Human Rights Division of the City Manager's Office Department by renaming the Outreach and Engagement Specialist position to Equity and Human Rights Engagement Specialist and the AFSCME pay plan by adding the position Equity and Human Rights Engagement Specialist to grade 12. Prepared By: Stefanie Bowers, Equity Director Reviewed By: Geoff Fruin, City Manager Fiscal Impact: Funds for the position were allocated to the Equity and Human Rights' budget in the FY 2024 budget Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Resolution Executive Summary: This resolution authorizes the Equity and Human Rights Office to proceed with hiring an Equity and Human Rights Engagement Specialist position, which was funded by the City Council with the FY 2024 operating budget. The position will help the division with engagement and outreach to the community. Background /Analysis: The Equity and Human Rights Specialist position will assist the division in its education, enforcement, outreach efforts, and the City Council strategic goals. This position will be situated in the Equity and Human Rights Office. Prepared by Stefanie Bowers, Human Rights Coordinator and Equity Director, 410 E. Washington St, Iowa City, IA 52240 (319)356-5022 Resolution Number 23-311 Resolution amending the budgeted position in Equity and Human Rights Division of the City Manager's Office Department by renaming the Outreach and Engagement Specialist position to Equity and Human Rights Engagement Specialist and the AFSCME pay plan by adding the position Equity and Human Rights Engagement Specialist to grade 12. Whereas, Resolution No. 23-108 adopted by the City Council on April 4, 2023, authorized budgeted positions in the Equity and Human Rights Division of the City Manager's Office Department for Fiscal Year 2024 which included the newly created position of Outreach and Engagement Specialist; and Whereas, it has been determined that the position title of Equity and Human Rights Engagement Specialist better reflects the nature and scope of the position; and Whereas, Resolution No. 21-111, adopted by the City Council on May 4, 2021, established a classification and compensation plan for AFSCME employees; and Whereas, the duties, responsibilities and requirements of the position have been evaluated and grade 12 of the AFSCME pay plan has been determined to be the appropriate classification. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: 1. The budgeted positions in the Human Rights Division of the City Manager's Office Department be amended to change the position of Outreach and Engagement Specialist to Equity and Human Rights Engagement Specialist. 2. The AFSCME pay plan be amended by adding the position Equity and Human Rights Engagement Specialist to grade 12. Passed and approved this 12th day of December Attest: J-4 Lu- A �A a2z,---) Chi Clerk 20 23 . Approved by City Attorney' O ice —12/07/2023 Ma Approved by City Attorney' O ice —12/07/2023 Resolution Nd. 23-311 Page 2 It was moved by salih adopted, and upon roll call there were: Ayes: and seconded by Alter Nays: the Resolution be Absent: Alter Bergus Harmsen Salih Taylor Teague Thomas Item Number: 5.c. CITY OF IOWA CITY COUNCIL ACTION REPORT December 12, 2023 Resolution to waive the annual fee for sidewalk cafes on Dubuque Street due to the impact of construction. Prepared By: Susan Dulek, First Ass't. City Attorney Reviewed By: Geoff Fruin, City Manager Ron Knoche, Public Works Director Fiscal Impact: none Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Resolution Executive Summary: The City intends to reconstruct Dubuque St. in 2024 between Iowa Ave. and E. Washington St. which will entail full sidewalk and roadway pavement removal. Staff recommends the annual fee be waived for cafes located in this block along with any cafe on the southwest corner of Dubuque St. and Iowa Ave. Background /Analysis: Throughout construction there will be times when outdoor cafe spaces in this block will be unavailable due to construction, and even when space is available, the outdoor dining atmosphere is likely to suffer due to adjacent construction noise and dust. Staff recommends the annual fee be waived for cafes located in this block along with any cafe on the southwest corner of Dubuque St. and Iowa Ave. Council waived the annual fee previously during public improvements projects impacting cafes on Washington St. and the ped mall. The recording fee will not be waived. Because staff sends annual renewal letters to cafe owners in late December, staff is recommending Council consider the waiver at this time even though the Dubuque Street reconstruction project has not been approved. If the project is delayed until 2025, this resolution provides fees will need to be paid in 2024 but will be waived in 2025. This eliminates the need for another resolution should the project be delayed. Prepared by Susan Dulek, First Ass't. City Attorney, 410 E. Washington St., Iowa City, IA (319)356-5030 Resolution No. 23-312 Resolution to waive the annual fee for sidewalk cafes on Dubuque Street due to the impact of construction. Whereas, the City intends to reconstruct Dubuque Street in 2024 between Iowa Avenue and E. Washington Street which will entail full sidewalk and roadway pavement removal from Iowa Avenue to E. Washington Street; and Whereas, throughout the construction period there will be times when outdoor cafe spaces will be unavailable due to construction, and even when space is available, the outdoor dining atmosphere is likely to suffer due to adjacent construction noise, dust and incomplete landscaping among other issues; and Whereas, Resolution No. 23-119 adopts a "Sidewalk Cafe Policy;" and Whereas, due to the construction on Dubuque Street during 2024, it is reasonable to waive the annual fee for the cafes located on Dubuque Street between Iowa Avenue and E. Washington Street along with any cafe located on the southwest corner of Dubuque Street and Iowa Avenue. Now, therefore, be it resolved by the City Council of Iowa City, Iowa that: 1. Cafes on Dubuque Street between Iowa Avenue and E. Washington Street and any caf6 located on the southwest corner of Dubuque Street and Iowa Avenue shall not be assessed an annual fee for the 2024 caf6 season if the Dubuque Street reconstruction occurs in 2024. 2. If the Dubuque Street reconstruction is delayed until 2025, cafes on Dubuque Street between Iowa Avenue and E. Washington Street and any caf6 located on the southwest corner of Dubuque Street and Iowa Avenue are required to pay that annual fee for the 2024 caf6 season, but shall not be assessed an annual fee for the 2025 caf6 season. 3. The recording fee for the agreements is not waived. Passed and approved this 12thday of December , 2023. Attest: . a -4.a", -V 1)�, Ci Clerk M Approved by: G . City Attorne4ls Office (Sue Dulek — 11 /29/2023) Resolution No.'23-312 Page 2 It was moved by salih and seconded by Resolution be adopted, and upon roll call there were: Alter the Ayes: Nays: Absent: x Alter x Bergus x Harmsen x Salih x Taylor x Teague x Thomas Item Number: 5.d. CITY OF IOWA CITY COUNCIL ACTION REPORT December 12, 2023 Resolution approving and authorizing the Mayor to execute and the City Clerk to attest a Declaration of Condominium Regime for the 1311-1313 Sandusky Drive Condominiums. Prepared By: Susan Dulek, First Ass't. City Attorney Reviewed By: Geoff Fruin, City Manager Tracy Hightshoe, NDS Director Fiscal Impact: none Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Resolution 1311-1313 Sandusky Dr condominium declaration Executive Summary: The City purchased a duplex at 1311-1313 Sandusky Dr. as part of the South District Program. In order to sell each unit, the property must be converted to a two -unit residential condominium structure, which requires a Declaration of Condominium Regime be executed and recorded. City staff has prepared and approved the attached Declaration of Condominium Regime and recommends it be approved and executed. CWG �I 111111 l l lil 11 11 ifl l 111 l l l l 1111 11111 l 111 11111 11 11111 11111 111 11 Doc ID: 032208630031 Type: GEN Kind: CONDOMINIUM Recorded: 12/18/2023 at 10:47:10 AM Fee Amt: $157.00 Page 1 of 31 Johnson County Iowa Kim Painter County Recorder BK6533 PG930-960 STATE OF IOWA ) ) SS JOHNSON COUNTY ) a r Cfty of A Co I, Kellie K. Grace, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No. 23-313 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 12th day of December 2023, all as the same appears of record in my office. Dated at Iowa City, Iowa, this IS day of December 2023. Kellie K. Grace City Clerk 4 _ fires 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 Prepared by: Susan Dulek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 Resolution No. 23-313 Resolution approving and authorizing the Mayor to execute and the City Clerk to attest a Declaration of Condominium Regime for the 1311-1313 Sandusky Drive Condominiums. Whereas, the City purchased a duplex at 1311-1313 Sandusky Drive with the intention of converting it to a two -unit residential condominium structure and selling each unit to an income - eligible household as part of its South District Program; and Whereas, a Declaration of Condominium Regime must be executed and recorded prior to completion of a sale; and Whereas, City staff has prepared and approved the attached Declaration of Condominium Regime and recommends it be approved and executed. Now, therefore, be it hereby resolved by the City Council of Iowa City, Iowa, that: 1. Upon the direction of the City Attorney, the Mayor and City Clerk are authorized and directed to execute and attest respectively the attached Declaration of Submission of Property to Horizontal Regime Establishing a Plan for Condominium Ownership of Premises 1311-1313 Sandusky Drive Condominiums. 2. The City Clerk is directed to record said declaration at cost to the City. 3. Upon the direction of the City Attorney and the recommendation of the City Manager, the Mayor and City Clerk are authorized and directed to execute and attest respectively amendments to said declaration. Passed and approved this 12th day of Pecemher '2023. Attest: Approved. City ICIerk �d - . . City Attor y's Office —11 /29/2023 Ma Attest: Approved. City ICIerk �d - . . City Attor y's Office —11 /29/2023 Resolution No. 23-313 Page 2 It was moved by salih adopted, and upon roll call there were: Ayes: x x x and seconded by Alter the Resolution be Nays: Absent: Alter Bergus Harmsen Salih Taylor Teague Thomas Prepared by & Retum To: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 DECLARATION OF SUBMISSION OF PROPERTY TO HORIZONTAL REGIME ESTABLISHING A PLAN FOR CONDOMINIUM OWNERSHIP OF PREMISES 1311-1313 SANDUSKY DRIVE CONDOMINIUMS This Declaration of Submission of Property to the Horizontal Regime is made and executed in Iowa City, Iowa, the 12th day of December, 2023, by the City of Iowa City, an Iowa Municipal Corporation, hereinafter referred to as "DECLARANTS", pursuant to the provisions of the Horizontal. Property Act, Chapter 4996, Code of Iowa (2023), as amended. WITNESSETH: WHEREAS, DECLARANTS are the owners of certain real property located in Iowa City, Iowa, and more particularly described as follows: Lot 266 in Part Five, Hollywood Manor Addition to Iowa City, Iowa, according to the plat thereof recorded in Plat Book 13, Page 18, Plat Records of Johnson County, Iowa. WHEREAS, DECLARANTS are the owners of the above-described real estate and buildings and other improvements built upon said real estate and it is the desire and the intention of the DECLARANTS to divide the Project into Condominiums and to sell and convey the same to various purchasers, pursuant to the provisions of the aforesaid Horizontal Property Act, and to impose upon said property mutually beneficial restrictions, covenants, and conditions; and WHEREAS, DECLARANTS desire and intend by filing this Declaration to submit the above-described property and buildings and other improvements constructed thereon, together with all appurtenances thereto, to the provisions of the aforesaid Act as a Condominium Project. NOW, THEREFORE the DECLARANTS do hereby publish and declare that all property described above is held and shall be held and conveyed subject to the following covenants, conditions, uses, limitations and obligations, all of which are declared and agreed to be in furtherance of a plan for the improvement of said property and the division thereof into condominiums and shall be deemed to run with the land and shall be a burden and a benefit to DECLARANTS, their successors and assigns and any person acquiring or owning an interest in the real property and improvements, their grantees, successors, heirs, executors, administrators, devisees and assigns. ARTICLE I. DEFINITIONS 1. DECLARANTS. The term "DECLARANTS" shall mean the City of Iowa City, an Iowa Municipal Corporation, having made and executed this Declaration. 2. DECLARATION. The term "DECLARATION" shall mean this instrument by which 1311-1313 Sandusky Drive Condominiums is established as provided under the Horizontal Property Act. 3. PROJECT. The term "PROJECT" shall mean the entire parcel of real estate property referred to in this Declaration to be divided into Condominiums, including all structures thereon. 4. UNIT. The term "UNIT' shall mean one or more rooms occupying all or part of a floor intended for use as a residence and for use as a garage and not owned in common with the other owner in the Regime. The boundary lines of each Unit are the interior surfaces of its perimeter walls, bearing walls, floors, ceilings, windows and window frames, doors and door frames, and trim, and includes the portions of the Building so described and the air space so encompassed. The Regime consists of one Building containing two Units. 5. COMMON ELEMENTS. The term "LIMITED COMMON ELEMENTS" shall have the meaning as defined in ARTICLE IV. There are no "GENERAL COMMON ELEMENTS" contemplated for this Project. 6. BUILDING. The term "BUILDING' shall mean the structural improvement constructed on the real estate described herein as more particularly described on Exhibits A and B. The one Building constitutes the sole building included in the Regime. 7. GARAGE. The term "GARAGE" means a structure abutting a driveway, contiguous with the building and intended for, but not limited to, storage of an automobile. One garage is included within each Unit. 8. CONDOMINIUM. The term "CONDOMINIUM" means the entire estate in the real property owned by any Owner, consisting of an undivided interest in the Common Elements and ownership of a separate interest in a Unit. 9. OWNER. The term "OWNER" means any person with an ownership interest in a Unit in the Project. 10. ASSOCIATION. The term "ASSOCIATION' means 1311-1313 Sandusky Drive Condominiums Owners Association and its successors, a council of co-owners. 11. COUNCIL OF CO-OWNERS. The term "COUNCIL OF CO-OWNERS" means all co- owners of the building and is otherwise known and synonymous with the term "ASSOCIATION" and/or "HOMEOWNERS ASSOCIATION." 12. CONDOMINIUM DOCUMENTS. The term "CONDOMINIUM DOCUMENTS" means this Declaration, and all Exhibits attached hereto including the Bylaws of the Association. 2 13. PLURAL AND GENDER. Whenever the context so permits or requires, the singular shall include the plural and the plural the singular, and the use of any gender shall include all genders. 14. SEVERABILITY. The invalidity of any covenant, restriction, agreement, undertaking, or other provision of any Condominium Document shall not affect the validity of the remaining portions thereof. 15. INCORPORATION. Exhibits attached hereto and referred to herein are hereby made a part hereof with the same force and effect as other provisions of this Document. ARTICLE II. DESCRIPTION OF LAND, BUILDING AND UNITS 1. Description of Land. The land submitted to the Regime is located in Iowa City, Johnson County, Iowa, and is legally described as follows: Lot 266 in Part Five, Hollywood Manor Addition to Iowa City, Iowa, according to the plat thereof recorded in Plat Book 13, Page 18, Plat Records of Johnson County, Iowa. 2. Description of Building. The Condominium Regime consists of one building which contains two (2) dwelling Units and two attached garages. The building is a single -story walk out ranch structure. The building is clad with new vinyl siding, a new architectural asphalt shingle roof, new gutters, windows and doors. Each unit has a new air source water heater and air source heat pump furnace, new LVP flooring, cabinetry and all kitchen appliances. Both units are 100% electric and use no gas for utilities. The building is constructed to the general specifications as set out in detail in Exhibit "A" to this Declaration. The building site plan, showing a footprint of the building and the individual units, is attached as Exhibit "B". 3. Description of the Units. The Condominium Regime consists of two (2) units locally known as1311-1313 Sandusky Drive, Iowa City, Johnson County, Iowa according to the specifications set out at Exhibit "A". A one -stall garage is included within each Unit. The plans of the building are attached as Exhibit "A," and the Engineer's Certificate for the plans is attached as "Exhibit C." Each Unit is an owner of fifty percent (50%) of the Limited Common Elements as defined in Article IV, and each Unit shall pay one-half of the common expenses, if any, and each Unit shall be entitled to one (1) vote in the Association. ARTICLE III. OWNERSHIP INTERESTS 1. Exclusive Ownership and Possession by Owner. Each Owner shall be entitled to exclusive ownership and possession of his or her Unit. Each Owner shall be entitled to an undivided fifty percent (50%) interest in the Limited Common Elements, as defined in Article IV. Said percentage of the undivided interest of each Owner in the Limited Common Elements shall have a permanent character and shall not be altered without the consent of all Owners expressed in an amended Declaration duly recorded. The percentage of the undivided interest in the Limited Common Elements shall not be separated from the Unit to which it appertains and shall be deemed to be conveyed or encumbered or released from liens with the Unit even though such interest is not expressly mentioned or described in the conveyance or other instrument. Each Owner may use the Limited Common Elements in accordance with the purpose for which they are intended, without hindering or encroaching upon the lawful rights of the other Owner. An Owner shall not be deemed to own the undecorated and/or unfinished surfaces of the perimeter walls, ceiling, window and doors bounding his or her Unit, nor shall the Owner be deemed to own the utilities running through his or her Unit which are utilized for, or serve, more than one Unit, except as a percentage of an undivided interest in the Limited Common Elements. An Owner, however, shall have the exclusive right to paint, repaint, tile, wax, paper or otherwise refinish and decorate the interior surfaces of the walls, floors, ceilings, windows and doors bounding his or her Unit. 2. Appurtenances. There shall pass with the ownership of each Unit as a part thereof, whether or not separately described in Article IV(1), all appurtenances to such Unit and no part of the appurtenant interest of any Unit may be sold, transferred or otherwise disposed of except in connection with the sale, transfer or other disposition of such Unit itself or of all Units in the Regime. 3. Undivided Fractional Interest. An undivided interest in the Limited Common Elements, as defined in Article IV, of the Regime shall be appurtenant to each Unit. The amount of such undivided interest appurtenant to each Unit is fifty percent (50%). 4. General Common Elements. This Project has no General Common Elements. 5. Limited Common Elements. The exclusive use by Owners of the Limited Common Elements, as defined in Article IV, shall be deemed an appurtenance of the unit for which said elements are reserved, provided such use and enjoyment shall be limited to the uses permitted by this Declaration and other Condominium Documents. 6. Association Membership and Voting Rights. Appurtenant to each Unit shall be membership in the 1311-1313 Sandusky Drive Condominiums Owners Association and one (1) vote in the affairs of the Association and of the Regime; provided, however, that the exercise of such voting and membership rights shall be subject to the applicable provisions of the Bylaws of the Association and of the other Condominium Documents. The action of such Association shall be deemed the action of the Owners; and such action, when taken in accordance with the Bylaws of the Association and this Declaration shall be final and conclusive upon all Unit Owners. 7. Cross -Easements. Appurtenant to each Unit shall be easements from each Unit Owner to each other Unit Owner and to the Association, and from the Association to the respective Unit Owners as follows: (a) For ingress and egress through the common areas and for maintenance, repair, and replacement as authorized; (b) Through the Units and common facilities for maintenance, repair and replacement or reconstruction of Limited Common Elements, but access to Units shall be only during reasonable hours and upon reasonable notice except in case of emergency; (c) Every portion of a Unit contributing to the support of a Building is burdened with an easement of such support for the benefit of all such other Units; (d) Through the Units and common areas for conduits, ducts, plumbing, wiring and other rd facilities for the furnishing of utility or other services to the other Units in the common areas, but access to Units shall be only during reasonable hours and upon reasonable notice except in case of emergency; (e) For ingress and egress through the exterior front walkways as necessary to access a Unit. ARTICLE IV. LIMITED COMMON ELEMENTS 1. Definition. The term "Limited Common Elements" shall include all portions of the Project (land and improvements thereon) not included within any Unit. The term "Limited Common Elements" as it relates to each individual Unit shall mean and such elements shall consist of the real estate immediately adjacent to each Unit divided by the same plain which separates the Units not including the garages which, said plain being extended to meet the front and rear boundary lines of the lot on which such Unit is located. The Limited Common Elements directly adjacent to each Unit shall be reserved for the sole and exclusive use by the Owners of the Unit to which said Limited Common Elements are appurtenant. The Limited Common Elements include but are not limited to: a. The land on which the Building is erected. b. Front, side, and rear yards; trees and plantings. c. Front walkway. d. Driveway. e. Parking pad. f. The privacy fence separating the patio in the rear yard. g. The foundations, floors, exterior walls of each Unit and of the Building, ceilings and roofs, and entrances and exits or communication ways, and in general all devices or installations existing for common use, except as limited in the next Article. h. Installations for public utilities, including electric, cable TV, gas and cold water for common use. i. All exterior walls of the Building, all walls and partitions separating the two Units, interior load bearing walls and all other elements which are structural to a Unit are reserved for that Unit. j. Air conditioner pads, compressors and equipment. 2. Exception. Notwithstanding the reservations made by this Article, the integrity and appearance of the Regime as a whole are the common interests of all Owners and, as such, shall be subject to the terms and restrictions of this Declaration. 3. Right of Association. The reservation of the Limited Common Elements herein shall not limit any right the Association and its agents may otherwise have to alter such Limited Common Elements or enter upon such Limited Common Elements. ARTICLE V. DECLARANTS' RESERVED RIGHTS AND POWERS 1. Declarants' Activities. Declarants are irrevocably and perpetually empowered, notwithstanding any use, restriction or other provision hereof to the contrary, to sell, lease or rent 5 Units to any person and shall have the right to transact on the Condominium property any business relating to construction, repair, remodeling, sale, lease or rental of Units, including but not limited to, the right to maintain signs, employees, independent contractors and equipment and materials on the premises, and to use Limited Common Elements to show Units. All signs and all items and equipment pertaining to sales or construction and any Unit furnished by the Declarants for sale purposes shall not be considered Limited Common Elements and shall remain its separate property. Declarants retain the right to be and remain the Owner of any completed but unsold Unit under the same terms and conditions as other Owners, including membership in the Association save for its right to sell, rent or lease. 2. Easements. Declarants expressly reserve perpetual easements for ingress, egress and utility purposes as may be required across and under the land submitted hereby. 3. Designation of Association Directors. Declarants shall be the sole member of the Council of Co -Owners of the 1311-1313 Sandusky Drive Condominium Owners Association until the first Unit of said Association is sold. Thereafter the Council of Co -Owners shall be selected in the manner specified in the Bylaws of the Association. 4. Terminate, Amend and Modify. After Declarants sell both Units, Declarants' reserved rights and powers terminate automatically except as set forth herein. After Declarants sell both Units, Declarants reserve the right without the consent of Unit Owners to amend or modify the Declaration for the following purpose: (a) To add engineer's certificates indicating that Buildings have been completed and constructed according to the plans and specifications which are.a part of this Declaration. (b) To revise the legal description, site plan, building plans or specifications, or any other portion of this Declaration in order to correct scrivener's or other non -material errors that do not affect any Owner's interest in his or her Unit or any appurtenance thereto. ARTICLE VI. MANAGEMENT OF THE REGIME 1. Association; Council of Co-owners. The operation of the Condominium shall be by a membership association. The name of the Association shall be "1311-1313 Sandusky Drive Condominiums Owners Association." A copy of its Bylaws is attached hereto, marked Exhibit "D," and incorporated herein. Whenever a vote or other action of Unit owners as a group is required the mechanics of conducting such a vote or taking such action shall be under the control and supervision of the Association. The affairs of the Association shall be conducted by a Council of two (2) co-owners who shall be designated in the manner provide in the Bylaws. The action of the Association shall constitute the action of the Owners or the Council of Co-owners whenever such action is permitted or required herein or by Chapter 499B of the Code of Iowa (2023), as amended. 2. Compliance. All owners, tenants, families, guests and other persons using or occupying the Regime shall be bound by and strictly comply with the provisions of the Bylaws of the Association and applicable provisions of other Condominium Documents, and all agreements, regulations and determinations lawfully made by the. Association and its directors, officers or agents shall be binding on all such Owners and other persons. A failure to comply with the Bylaws or the provisions of the other Condominium Documents or any agreement or determination thus lawfully made shall be grounds for an action to recover sums due for damages on the part of the Association or any Owner, as applicable, or injunctive relief without waiving either remedy. 3. Powers of Association. Each Owner agrees that the Association has and shall exercise all powers, rights and authority granted unto it, the Council of Co-owners, and the Owners as a group by Chapter 499B of the Code of Iowa (2023), as amended, and such as are more particularly set forth in the Condominium Documents, including but not limited to the making of assessments chargeable to Owners and the creation of a lien on Units thereof, and to acquire a Unit at foreclosure sale and to hold, lease, mortgage or convey the same. Each Owner hereby waives any rights to delay or prevent such foreclosure by the Association which he or she may have by reason of a homestead exemption. 4. Partition. All Unit Owners shall be deemed to have waived all rights of partition, if any, in connection wi such acquisition. 5. Membership, Voting Rights. The members of the Association shall consist of all of the record Owners of Units. After receiving the approval of the Association elsewhere required, change of membership in the Association shall be established by recording in the public records of Johnson County, Iowa, a deed or other instrument establishing a record title to a Unit, in the Condominium and the membership of the prior Owner shall be thereby terminated. The members of the Association shall be entitled to cast one (1) vote for each Unit owned by such member. 6. Restraint upon Assignment. The share of a member in the funds and assets of the Association cannot be assigned, hypothecated or transferred in any manner except as an appurtenance to his or her Unit. 7. Discharge of Liability. All Owners shall promptly discharge any lien which may hereafter be filed against his or her Condominium. 8. Limitation on Association's Liability. The Association shall not be liable for any injury or damage to property caused by or on the Limited Common Elements or by another Owner or person in the Project or by any other means unless caused by the gross negligence of the Association. No diminution or abatement of common expense assessments shall be claimed or allowed for inconvenience or discomfort arising from the making of repairs or improvements of the Limited Common Elements or from any action taken to comply with any law, ordinance or orders of a governmental authority. 9. Arbitration of Differences. In the event any dispute arising that concerns any matter to be determined by the members of the Association results in a 1 to 1 vote, the members agree to first engage in good faith negotiations to resolve any such dispute. In the event that they are unable to resolve any such dispute by negotiating, the owner of each Unit shall choose one arbitrator and such arbitrators shall choose one additional arbitrator, and the decision of the majority of all the arbitrators shall be final and conclusive of the questions presented. If either owner refuses or fails to promptly appoint an arbitrator, the same may be appointed by a judge of the District Court of Iowa in and for Johnson County. Arbitration shall be in accordance with the rules of the American Arbitration Association, and the cost thereof shall be shared equally by the owners. ARTICLE VII. MAINTENANCE, ALTERATION AND IMPROVEMENT 1. Definitions. Certain terms used in this Article shall have a meaning as follows, provided any dispute over meanings shall be conclusively decided by the Board of Directors of the Association: (a) "Maintenance" or "repair" shall mean the act of maintaining, restoring, renovating, reconstructing, replacing, rebuilding and similar work necessary to preserve a Unit or the property in its original condition as completed. 7 (b) "Improvement" shall mean the addition of a new structure, element or facility, other than a structure, element or facility otherwise provided for by this Declaration. 2. Maintenance by Association. The Association shall have no obligation to maintain a Unit or the Limited Common Elements within the Project. 3. Maintenance by Owner. (a) Each Unit Owner at his or her own expense shall maintain that portion of the building located within the Unit, including the boundary surfaces of such Unit and its equipment, shall keep such interior in a clean and sanitary condition, shall do all redecorating, painting and other finishing which may at any time be necessary to maintain his or her Unit, and shall be responsible for the maintenance of all personalty including carpets, furnishings, and appliances within such Unit. (b) The Owner of each Unit shall be responsible for maintaining the plumbing fixtures within the Unit and heating and the air conditioning unit serving such Unit and all other utilities or portions thereof located within the boundaries of his or her Unit. The Owner shall also, at his or her own expense, keep his or her Unit in a clean and sanitary condition. (c) The Unit Owner shall maintain, at his or her expense, any improvement or other alteration to the Unit made by him or her. (d) Notwithstanding the Limited Common Elements reserved to each Unit owner in Article IV(1), the Owner of Unit A shall be responsible for: (i) Removing snow from the public sidewalk along Davis Street to the curb on Sandusky Drive as required by the Iowa City City Code. (ii) Repairing the public sidewalk along Davis Street to the curb on Sandusky Drive as required by the Iowa City City Code. (iii) Maintaining the right of way between the curb and property line along Davis Drive as required by the Iowa City City Code. (iv) Removing snow from the portion of the driveway extending from the Unit A garage to Sandusky Drive and the parking pad along the eastern edge of the driveway. (v) Maintaining the portion of the driveway extending from the Unit A garage to Sandusky Drive and the parking pad along the eastern edge of the driveway. (vi) Maintaining the front walkway adjacent to Unit A, including removing snow and ice. (vii)Maintaining the birch tree located in the northwest corner of the Property. The removal of said birch tree is at the sole discretion and sole cost of the owner of Unit A. (e) Notwithstanding the Limited Common Elements reserved to each Unit owner in Article IV(1), the owner of Unit B shall be responsible for: (i) Removing snow from the public sidewalk along Sandusky Drive to the curb on Davis Street as required by the Iowa City City Code. (ii) Repairing the public sidewalk along Sandusky Drive to the curb on Davis Street as required by the Iowa City City Code. (iii) Maintaining the right of way between the curb and property line along Sandusky Drive as required by the Iowa City City Code. (iv) Removing snow from the portion of the driveway extending from the Unit B garage to Sandusky Drive. (v) Maintaining the portion of the driveway extending from the Unit B garage to Sandusky Drive. (vi) Maintaining the front walkway adjacent to Unit B, including removing snow and ice. (vii)Maintaining the spruce and maple trees located in the east side of the Property and the maple tree located in the southeast corner of the Property. The removal of the spruce and maple trees is at the sole discretion and the sole cost of the owner of Unit B. (f) Notwithstanding the Limited Common Elements reserved to each Unit owner in Article IV(1), the owner of Unit A and the owner of Unit B shall both be responsible for repairing and maintaining the privacy fence separating the patio in the rear yard. (g) Notwithstanding the Limited Common Elements reserved to each Unit in Article IV(1), the owners of Unit A and Unit B may store City of Iowa City issued trash, recycling, and compost containers on the concrete pad east of the Unit A garage. (h) Notwithstanding the Limited Common Elements reserved for each Unit in Article IV(1), the owner of Unit A has exclusive use of the parking pad adjacent to the eastern edge of the portion of the driveway extending from the Unit A garage. The owner of Unit A must remove snow and maintain the parking pad. 4. Alterations or Improvements by Owner. No Unit Owner shall make or permit to be made any structural alteration to the Building without first obtaining written consent of the owner of the other Unit if such alteration affects the firewall separating the two Units in the project. Unit owner shall do no act or work which will impair the structural soundness or integrity of the Building or safety of the property or impair any easement. The improvement or alteration of a Unit shall not cause an increase or decrease in the number of ownership interests appurtenant to such Unit. 5. Destruction. In the event of a destruction of all or any portion of any Unit by fire or other casualty, the Owner of such Unit shall immediately take whatever precautions may be reasonably required to preserve and protect an adjoining Unit from further damage. In addition, in the event of any such destruction, any damaged Unit shall be reconstructed, unless otherwise agreed by both Unit Owners. The following provisions shall govern exterior replacements, maintenance and repairs and in reconstruction. The Owner of a Unit may repair or replace exterior components of such Unit with components similar to preexisting components and of the same design and color, and may paint the exterior of such Unit with paint of the existing color or colors, but such Owner may not either in the course of ordinary replacement, maintenance, repair and remodeling or in the restoration after damage or destruction, use different siding, roofing or other exterior components, or a different color scheme, unless the Owner of the adjoining Unit provides prior written consent to do so. In the event of any dispute arising between the Unit owners concerning a change of siding, roofing materials, color scheme or any other exterior components, the adjoining Unit Owners agree to first engage in good faith negotiations to resolve any dispute. In the event any dispute arising that concerns any matter herein results in a 1 to 1 vote, the members agree to first engage in good faith negotiations to resolve any such dispute. In the event that they are unable to resolve any such dispute by negotiating, the arbitration provision of Article VI.9 shall apply. The arbitrator's decision shall be based upon whether the proposed 9 siding, roofing materials, color scheme or other changes are in harmony with the existing design of the adjoining Unit. ARTICLE VIII. CONDITIONS OF AND RESTRICTIONS ON OWNERSHIP, USE, AND ENJOYMENT 1. Subiection of the Property to Certain Provision. The ownership, use, occupation, and enjoyment of each Unit and of the Limited Common Elements, as defined in Article VI, shall be subject to the provisions of the Bylaws and this Declaration, all of which provisions irrespective of where set forth or classified shall have equal status and shall be enforceable and binding as a covenant, condition, restriction, or requirement running with the land and shall be binding on and enforceable against each and all Units and the Owners thereof and their respective assigns, lessees, tenants, occupants and successors in interest. 2. Use of Property. The use of the property shall be in accordance with and subject to the following provisions: (a) A Unit shall be used or occupied for any use allowed in the Iowa City Zoning Code. (b) No activity shall be allowed which unduly interferes with the peaceful possession and use of the property by the Unit Owners nor shall any fire hazard or unsightly accumulation of refuse be allowed. (c) Nothing shall be done or kept in any Unit or in the common area which will increase the rate of insurance on the common area, without the prior written consent of the other Unit Owner. No Owner shall permit anything to be done or kept in his or her Unit or in the common area which will result in the cancellation of insurance on any Unit or any part of the common area, or which would be in violation of any law. (d) No Unit Owner shall install a fence in the front yard as part of the Limited Common Elements appurtenant to the Owner's Unit without the written consent of the other Unit owner. (e) The existing parking pad located east of the driveway extending from the Unit A garage shall not be enlarged. No Unit Owner shall be allowed to install additional parking pads on any part of the Property, nor shall parking of any vehicles be allowed except on the driveway, in the garages, or on said parking pad. No Unit Owner, guest or invitee shall block vehicular access to each unit's garage by parking vehicles or placing objects within that portion of the common driveway which abuts the Unit's garage door and which provides direct access to the public right of way. Each Unit Owner's guests or invitees will park their own vehicles only on the portion of the driveway in front of the Unit's garage door, doing the same is such a manner as to not violate the provisions of this subparagraph. (f) The Association shall have the authority to adopt rules and regulations governing the use of the property and such rules shall be observed and obeyed by the Owners, their guests and invitees. (g) Agents of or contractors hired by the Association may enter any Unit when necessary in connection with any maintenance, landscaping, or construction for which the Association is responsible, provided such entry shall be made with as little inconvenience to the Owners as practicable. 10 (h) A Unit Owner shall give notice to the other Owner and the Association of every lien against his or her Unit other than permitted mortgages, taxes, and Association assessments, and of any suit or other proceeding which may affect the title to his or her Unit, within ten (10) days after the lien attaches or the Owner receives notice of such Unit. (i) A Unit Owner shall be liable to the Association for the expense of any maintenance, repair, or replacement rendered necessary by his or her act, neglect, or carelessness, or by that of his or her family, guests, employees, agents, or lessees, which liability shall include any increase in insurance rates resulting therefrom. 3. No Waiver. Failure of the Association or any Owner to enforce any covenant, condition, restriction or other provision of Chapter 499B of the Code of Iowa (2023), as amended, this Declaration, the Bylaws of the Association, or the rules and regulations adopted pursuant thereto, shall not constitute a waiver of the right to enforce the same thereafter. 4. Owner Occupied Covenants. (a) No Unit may be rented. The Unit owners must occupy, reside, and live in the Unit. Notwithstanding any other provision herein, a Unit owner may lease to one person for a minimum period of 90 days provided the Unit owner occupies, resides and lives in the Unit throughout the rental period. (b) The covenants provided for in Article VIII(4)(a) (the "Covenants") shall be covenants running with the land and shall remain in effect for an initial twenty-one year period and successive twenty-one year periods in accordance with Iowa Code Section 614.24 (2023) or as provided by an amendment thereto regarding the statute of limitations regarding the enforcement of use restrictions (the "Survival Period"). The Covenants shall, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in this Declaration, be binding for said period(s), to the fullest extent permitted by law and equity, for the benefit and in favor of, and enforceable by, the City of Iowa City, its successors and assigns, against the Unit Owners, their successors and assigns, and any party in possession or occupancy of the Units. (c) In amplification, and not in restriction, of the provisions of the preceding paragraph, it is intended that the City of Iowa City and its successors shall be deemed beneficiaries of the Covenants, both for and in its own right and also for the purposes of protecting the interests of the community and other parties, public or private, in whose favor or for whose benefit such Covenants have been provided. Such Covenants shall run in favor of the City of Iowa City for the Survival Period, during which time such Covenants shall be in force and effect without regard to whether the City of Iowa City has at any time been, remains, or is an owner of any land or interest therein to or in favor of which such Covenants relate. The City of Iowa City shall have the right in the event of any breach of any Covenant during the Survival Period to exercise all the rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach of Covenant, to which it or any other beneficiaries of such Covenant may be entitled, and shall be entitled to recover, in addition to its court costs, a reasonable attorney's fee to be fixed by the court, and such recovery shall include court costs and attorney's fees on appeal, if any. Further, the City of Iowa City shall hold all right and authority to agree to or provide any amendment, modification, waiver, termination or release of the Covenants on behalf of itself and other parties, public or private, which are beneficiaries thereof. 11 ARTICLE IX. INSURANCE AND CASUALTY 1. Insurance Obligation of Unit Owner. Each Unit owner shall obtain and keep in force a policy or policies of insurance covering comprehensive general liability, property damage, fire and other hazard insurance as it relates to each Unit Owner's Unit and Limited Common Elements, as defined in Article VI, directly adjacent to and appurtenant to each Unit. The fires and other hazard insurance policy or policies shall provide coverage for the replacement cost of each Unit and its applicable Limited Common Elements. Such fire and other hazard insurance shall bear a mortgage clause naming the mortgagee's interest in said property. The policy or policies shall insure against loss from perils therein covered to all the improvements in the Project and shall include coverage for fixtures and mechanical equipment located within each Unit and within the adjacent Limited Common Elements, such as plumbing fixtures, electrical lighting fixtures, solar panels, kitchen and bathroom cabinets and countertops, air conditioning, heating, built-in kitchen appliances which are fixtures, and water heater together with additions thereto and replacements thereof. Such policy or policies shall contain extended coverage, vandalism and malicious mischief endorsement. The policy or policies shall also cover personal property owned. Each Unit Owner policy shall include the adjoining Unit Owner as his or her interest appears. 2. Restoration in the Event of a Casualty. Restoration of the building located within each of the Units shall be accomplished in accordance with the terms of this Declaration. ARTICLE X. TERMINATION 1. Procedure. The Condominium may be terminated in the following manner, in addition to the manner provided by the Horizontal Property Act: (a) Destruction. In the event it is determined in the manner elsewhere provided that the Building shall not be reconstructed because of major damage, the Condominium plan of ownership will be thereby terminated in compliance to the provisions of Section 499B.8 of the Code of Iowa (2023), as amended. (b) Agreement. The Condominium may be terminated by agreement at any time by the approval in writing of all of the Owners of the Condominium and by holders of all liens affecting any of the Units by filing an instrument to that effect, duly recorded, as provided in Section 49913.8 of the Code of Iowa (2023), as amended. It shall be the duty of each Unit Owner and his or her respective lien holder to execute and deliver such instrument and to perform all acts as in manner and form as may be necessary to effect the sale of the Project when at a meeting duly convened of the Association, the Owners of 100% of the voting power, and all record owners of mortgages upon Units in the Regime, elect to terminate and/or sell the Project. (c) Certificate. The termination of the Condominium in either of the foregoing manners shall be evidenced by a certificate of the Association executed by all members of the Association and their respective holders of all liens affecting their interest in the Condominium, certifying as to facts effecting the termination, which certificate shall become effective upon being recorded in the office of the Johnson County Recorder in Iowa City, Iowa. 12 2. Form of Ownership after Termination. After termination of the Condominium, the Project will be held as follows: (a) The property (land and improvements) shall be deemed to be owned in common by the Owners. (b) The undivided interest in the property owned in common which shall appertain to each Unit Owner shall be the percentage of undivided interest previously owned by such Owner in the common area and facilities. (c) Any liens affecting any of the Condominiums shall be deemed to be transferred in accordance with the existing priorities to the undivided interest of the Owner in that property. (d) After termination, the net proceeds of sale, together with the net proceeds of the insurance on the property, if any, shall be considered as one fund and shall be divided among all the Owners in a percentage equal to the percentage of undivided interest owned by each Owner in the Common Elements; after first paying out of the respective shares of the Owners, to the extent sufficient for that purpose, all liens on the undivided interest in the property owned by each Owner. ARTICLE XI. MORTGAGEE PROTECTION (a) Right to Mortgage. Each Unit Owner shall have the right, subject to these provisions, to grant separate mortgages for his or her Unit together with the respective ownership interest in the Limited Common Elements, as defined in Article IV. No Unit Owner shall have the right or authority to make or create or cause to be made or created from the date hereof any mortgage or other lien on or affecting the Project or any part thereof, except only to the extent of his or her own Unit and the respective ownership interest in the Limited Common Elements appurtenant thereto. (b) Condemnation. If any Unit or portion thereof or the Limited Common Elements of any portion thereof is made the subject matter of any condemnation or eminent domain proceeding or is otherwise thought to be acquired by a condemning authority, the mortgagee of a Unit will be entitled to timely written notice of any such proceedings or proposed acquisition, and no provisions of the Declaration or any other documents establishing the Project shall entitle the Unit Owner or other party to priority over such mortgagee with respect to the distribution of the proceeds of any award or settlement. Any proceeds from settlement shall be payable to the Owners' Association, for the benefit of the Unit Owners and the mortgage holders. ARTICLE XII. AMENDMENTS AND MISCELLANEOUS 1. Procedure. Except as otherwise provided in this Declaration, this Declaration may be amended and such amendment shall be made in the following manner; (a) Notice. Notice of the subject matter of a proposed amendment shall be included in 13 the notice of any meeting at which a proposed amendment is considered. Holders of a first mortgage of record shall receive notice of such proposed amendment as provided in the Bylaws of the Association. (b) Resolution. A resolution adopting a proposed amendment may be proposed by any member of the Association. Except as provided elsewhere, the resolution must be adopted by a majority vote of all Owners entitled to vote, in person or by proxy; provided, however, no amendment effecting a substantial change in this Declaration or the Bylaws of the Association shall affect the rights of the holder of any such mortgage recorded prior to recordation of such amendment who does not join in the execution thereof and who does not approve said amendment in writing. (c) Bylaws. In the case of an amendment to this Declaration by reason of an amendment to the Bylaws of the Association, then in the manner specified in such Bylaws. (d) Execution and Recording. An amendment adopted pursuant to (b) or (c) above shall be executed by an officer specifically delegated to do so with the formalities required by Chapter 499B of the Code of Iowa (2023), as amended. Upon the recordation of such instrument in the office of the Johnson County Recorder, the same shall be effective against any persons owning an interest in a Unit or the Regime. 2. Amendment of Ownership Interest. No amendment shall change the percentage of ownership in the Limited Common Elements, as defined in Article IV, appurtenant to a Unit, nor increase the Owner's share of the common expenses unless the record Owner of the Unit concerned and all record owners of mortgages thereon shall affirmatively join in the adoption of such amendment. 3. Indemnification. Each Unit Owner shall indemnify and hold harmless the other Unit Owner from: a) any liability arising out of the Limited Common Elements, as defined in Article IV, directly adjacent to each Unit which are reserved for the sale and exclusive use by the Owner of the Unity to which said Limited Common Elements are appurtenant; and b) from any liability arising out of failure to maintain the right of way and Limited Common Elements as provided in Article VII(3)(d). IN WITNESS WHEREOF, Declarants have executed this Declaration the day and year first above written. C F IOWA CIT Bruce Teague, Mayor Attest: L"J, �, �'), A a'. Kellie K. Grace, City Clerk 14 CITY ACKNOWLEDGMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this c:q 7 ' day of�� , 2023, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Bruce Teague and Kellie K. Grace, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public - State of Iowa TAMARA NEUMANN * Commission Number 838058 * MY COMMISSION EXPIRES X00 MARCH 14,202 15 0 R 't F-1 4\\) UNIT "A" GARAGE GARAGE FKITCHENb 11.58' ri N 0' N 11.50'UVING KITCHEN in m ROOM 10.5' UMNG ROOM O 17� ®CLCL o CLST CLST 0 8 7.92' CLST 1 CLST 5.00'+1 BEDROOM to BEDROOM in d #1 cj #1 o M N BEDROOM #2 BEDROOM 11.5' #2 46.00' _ UNIT"A" MAIN LEVEL UNIT"B" 1311 SANDUSKY DR. 1313 SANDUSKY DR. 24.00' UNIT "B" UNIT "A" GARAGE GARAGE M 11.58' ri N 0' N UNIT "A" UNIT "B" 1311 SANDUSKY DR. 1313 SANDUSKY DR. 4.83' — LOWER LEVEL CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS ENVIRONMENTAL SPECIALISTS 1917 S. GILBERT ST. IOWA CITY, IOWA 52240 (319) 351-8282 www.mmsconsuItants.net Date Revision EXHIBIT "A" UNITS A&B 1311-1313 SANDUSKY DRIVE CONDOMINIUMS IOWA CITY JOHNSON COUNTY IOWA MMS CONSULTANTS, INC. Date: 11/12/2023 Designed by. Field Book No: LSS Drawn by. Scale: LSS 1 "=10' Checked by. Sheet No: SBP 1 Project No: IC 0339-277 of: 3 FRONT ELEVATION REAR ELEVATION M M S CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS ENVIRONMENTAL SPECIALISTS 1917 S. GILBERT ST. IOWA CITY, IOWA 52240 (319) 351-8282 www.mmsconsuItants.net Date I Revision EXHIBIT "A" UNITS A& B 1311-1313 SANDUSKY DRIVE CONDOMINIUMS IOWA CITY JOHNSON COUNTY IOWA MMS CONSULTANTS, INC. Date: 11/12/2023 Designed by. Field Book No: LSS Drawn by. Scale: Checked by. Sheet No: SBP 2 Project No: IC 0339-277 of: 3 RIGHT ELEVATION LEFT ELEVATION M M s CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS ENVIRONMENTAL SPECIALISTS 1917 S. GILBERT ST. IOWA CITY, IOWA 52240 (319)351-8282 www.mmsconsuItants.net Date I Revision EXHIBIT "A" UNITS A& B 1311-1313 SANDUSKY DRIVE CONDOMINIUMS IOWA CITY JOHNSON COUNTY IOWA MMS CONSULTANTS, INC. Date: 11/12/2023 Designed by. Field Book No: LSS Drawn by. Scale: LSS NTS Checked by. Sheet No: SBP 3 Project No: IC 0339-277 of: 3 EXHIBIT "B" 1311-1313 SANDUSKY DRIVE CONDOMINIUMS IOWA CITY, IOWA NORTH FY 0 0 0 Co Ln a 0 0 z N88'41'54"E 1 46.03' 'j 131.61'(R) 131.55'(M) 60.22' NOTES: 25.30' p0-713 LEGAL DESCRIPTION: 1. ALL MEASUREMENTS FROM PROPERTY LINES TO BUILDINGS ARE LOT 266, PART FIVE HOLLYWOOD MANOR ADDITION TO IOWA CITY, SCOTT B. POTTORFF, P.E. Iowa Lic. No. 16932 o _ =m= POTTORFF -u_ IOWA. ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 13, PERPENDICULAR AND/OR RADIAL TO SAID PROPERTY LINES. N PAGE 8, PLAT RECORDS OF JOHNSON COUNTY, IOWA. FY 0 0 0 Co Ln a 0 0 z 126.68'(R) 589'24'31-W I HOLLYWOOD MANOR ADDITION PART FIVE AS REGORDEP IN f5O0K 13, PAGE S OR 5 I NIR 00 N88'41'54"E 1 46.03' 'j 131.61'(R) 131.55'(M) 60.22' NOTES: 25.30' p0-713 1. ALL MEASUREMENTS FROM PROPERTY LINES TO BUILDINGS ARE �= S SCOTT B. POTTORFF, P.E. Iowa Lic. No. 16932 o _ =m= POTTORFF -u_ My license renewal date is December 31, 20-0• PERPENDICULAR AND/OR RADIAL TO SAID PROPERTY LINES. N Pages or sheets covered by this seal: N N SEAL 2. THIS DRAWING DEPICTS IMPROVEMENTS COMPLETED AS OF 11/13/2023. ! ! 0 3. REFERENCE BUILDING PLANS, EXHIBIT "A" FOR BUILDING P P DIMENSIONS. G7 C 0 C Cn 4. THIS IS A CONDO SURVEY AND NOT A BOUNDARY OR PROPERTY 1311 1313 D z D z SURVEY AND SHOULD NOT BE RELIED UPON AS SUCH. THE SANDUSKY SANDUSKY �u �u PROPERTY BOUNDARIES ARE RECORDED DIMENSIONS AND D D � � � APPROXIMATE ONLY. DRIVE DRIVE UNIT "A" UNIT "B" 126.68'(R) 589'24'31-W I HOLLYWOOD MANOR ADDITION PART FIVE AS REGORDEP IN f5O0K 13, PAGE S OR 5 I NIR 00 M M s CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS ENVIRONMENTAL SPECIALISTS 1917 S. GILBERT ST. IOWA CITY, IOWA 52240 (319)351-8282 www.mmsconsultants.net Date I Revision EXHIBIT "B" - SITE PLAN 1311-1313 SANDUSKY DRIVE CONDOMINIUMS IOWA CITY JOHNSON COUNTY IOWA MMS CONSULTANTS, INC. Date: 11/17/2023 Designed by. Field Book No: LSS Drawn by. Scale: Checked by. Sheet No: SBP 1 Project No: 0339-277 of: 1 I hereby certify that this engineering document was prepared by me or under my direct supervision and that I am a duly licensed Professional Engineer under the I s of the State of Iowa. FES p0-713 �= S SCOTT B. POTTORFF, P.E. Iowa Lic. No. 16932 _ =m= POTTORFF -u_ My license renewal date is December 31, 20-0• 16932 - .,' \�\� Pages or sheets covered by this seal: O SEAL M M s CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS ENVIRONMENTAL SPECIALISTS 1917 S. GILBERT ST. IOWA CITY, IOWA 52240 (319)351-8282 www.mmsconsultants.net Date I Revision EXHIBIT "B" - SITE PLAN 1311-1313 SANDUSKY DRIVE CONDOMINIUMS IOWA CITY JOHNSON COUNTY IOWA MMS CONSULTANTS, INC. Date: 11/17/2023 Designed by. Field Book No: LSS Drawn by. Scale: Checked by. Sheet No: SBP 1 Project No: 0339-277 of: 1 Prepared by After recording return to: Scott B. Pottorff MMS Consultants, Inc. Sue Dulek City of Iowa City Attorney 1917 S. Gilbert Street Iowa City, Iowa 52240 410 East Washington Street Iowa City, Iowa 52240 EXHIBIT "C" ENGINEER'S CERTIFICATE 319-351-8282 319-351-8476 facsimile 319-356-5030 319-356-5008 facsimile 1311 - 1313 Sandusky Drive Condominiums Units: A (1311 Sandusky Drive) and B (1313 Sandusky Drive) STATE OF IOWA ) ) ss: JOHNSON COUNTY ) I, Scott B. Pottorff, being duly sworn on oath do depose and state the following: 1. That I am a Professional Engineer authorized and licensed to practice my profession in the State of Iowa. 2. That I have examined the Building Plans for 1311 - 1313 Sandusky Drive Condominiums, Units A (1311 Sandusky Drive) and B (1313 Sandusky Drive), referenced as Exhibit "A." This certificate is to become an exhibit to the Declaration of Submission of Property to Horizontal Property Regime for 1311 - 1313 Sandusky Drive Condominiums. 3. I hereby certify that I have verified by non-destructive field observations that the above referenced Building Plans diagrammatically represent Unit A (13 11 Sandusky Drive) and Unit B (1313 Sandusky Drive), of 1311 - 1313 Sandusky Drive Condominiums, located therein, and the common elements that the Declarant has now constructed on the land shown on the attached Exhibit `B" — Site Plan, insofar as is reasonably possible due to expected carpentry tolerances, except for the following: a. None. T:\0339\0339-277\0339-277G.docx 4. I hereby certify that the attached Exhibit `B" — Site Plan locates Unit A (13 11 Sandusky Drive) and Unit B (1313 Sandusky Drive), of 1311 - 1313 Sandusky Drive Condominiums. That as a licensed Professional Engineer, I hereby certify that said Site Plan is sufficient to determine with reasonable certainty the location of Unit A (1311 Sandusky Drive) and Unit B (1313 Sandusky Drive), of 1311 - 1313 Sandusky Drive Condominiums, and hereby certify that said Building and Units, as constructed, are located as indicated on said Site Plan. Scott B. Pottorff Iowa License Number 16932 My biennial license renewal date is December 31, 2023. Subscribed and sworn to before me by said Scott B. Pottorff this T:\0339\0339-277\0339-277G.docx �ki .f)C� day of November, 2023. IACEY STUTZMAN Commission Number 822560 * MY COMMISSION EXPIRES DECEMBER 3,c� EXHIBIT "D" BYLAWS OF 1311-1313 SANDUSKY DRIVE CONDOMINIUMS OWNERS' ASSOCIATION These are the Bylaws of the 1311-1313 Sandusky Drive Condominiums Owners Association (Association), an association organized for the purpose of administering 1311-1313 Sandusky Drive Condominiums, a horizontal property regime (condominiums), established pursuant to Chapter 499B of the 2023 Code of Iowa, as amended, located on the following land in the City of Iowa City, Johnson County, Iowa: Lot 266 in Part Five, Hollywood Manor Addition to Iowa City, Iowa, according to the plat thereof recorded in Plat Book 13, Page 18, Plat Records of Johnson County, Iowa. I. MEMBERS AND VOTING RIGHTS 1. The owners of each condominium unit shall constitute the members of the Association and membership shall automatically cease upon termination of all interests which constitute a person an owner. Whenever only one spouse is a record titleholder, the other spouse shall be considered an owner for the purposes of membership, and shall be bound by the provisions of all condominium documents. Declarants shall be and have the rights of members with respect to unsold units. 2. An owner of record shall be recognized as a member without further action for so long as he or she holds an ownership interest. If ownership is acquired but not of record, or if acquired other than by way of conveyance, or other formal instrument of transfer (such as by death, judicial act or dissolution), the person acquiring or succeeding to ownership shall present the Council of Co -Owners of the Association evidence satisfactory to it of facts evidencing lawful ownership status prior to exercise of any rights of membership in the Association. Failure to provide such evidence shall not, however, relieve an owner of his or her ownership obligations. A fiduciary or other official acting in the representative capacity shall exercise all membership rights and privileges of the owner which he or she represents. 3. If more than one person is the owner of the same unit; all such owners shall be members and remain jointly and severally liable for all membership obligations. In such cases, or if more than one fiduciary or other official is acting in the premises, the votes entitled to be cast by the owners of that unit shall be cast by the person named for that purpose on a certificate signed by all such owners or fiduciaries or other officials and filed with the Council of Co -Owners and such person shall be deemed to hold an ownership interest to such for purposes of voting and determining the representation of such ownership interest at any meeting or for purposes otherwise provided herein. If such certificate is not executed and filed with the Council of Co - Owners, such membership shall not be in good standing and the votes for that unit shall not be considered in considering a quorum or a vote or for any other purposes until this Bylaw is complied with. 4. The owner of each unit shall be entitled to one (1) vote on all matters to be determined by the members of the Association either as owners or as units or as contemplated by Chapter 499B of the 2023 Code of Iowa, as amended, pursuant to the Declaration, including any supplements or amendments thereto, submitting the property to the regime. Votes of a single unit may not be divided. 16 5. In the event any dispute arising that concerns any matter to be determined by the members of the Association results in a 1 to 1 vote, the members agree to first engage in good faith negotiations to resolve any such dispute. In the event that they are unable to resolve any such dispute by negotiating, the owner of each Unit shall choose one arbitrator and such arbitrators shall choose one additional arbitrator, and the decision of the majority of all the arbitrators shall be final and conclusive of the questions presented. If either owner refuses or fails to promptly appoint an arbitrator, the same may be appointed by a judge of the District Court of Iowa in and for Johnson County. Arbitration shall be in accordance with the rules of the American Arbitration Association, and the cost thereof shall be shared equally by the owners. II. COUNCIL OF CO-OWNERS 1. The affairs of the Association shall be managed by the Council of Co -Owners (Council). The Council shall consist of all members of the Association. An officer or designated agent of a. partnership or corporate member shall qualify to serve on the Council. III. POWERS AND DUTIES OF THE COUNCIL OF CO-OWNERS All of the powers and duties of the Association shall be exercised by the Council, including those existing under the common law and statutes, and the documents establishing the Condominium Regime, per Article VI of the Declaration of Condominiums. Such powers and duties of the Council shall be exercised in accordance with the provisions of the Declaration which governs the use of the land, and in addition to those elsewhere provided, shall include but not be limited to the following: 1. The enforcement by legal means of the provisions of the Horizontal Property Regime, the Articles and Bylaws of the Association, Declaration, and the regulations for the use of the property in the Regime; and to take legal action in the name of the Association and on behalf of its members. 2. To carry insurance on the property committed to the Regime and insurance for the protection of unit owners, and occupants and the Association, if authorized by the members. 3. To conduct all votes or determinations of the members other than at a membership meeting. 4. To do such other acts as are necessary and proper to affect the purpose of the Regime as stated in the Declaration and these Bylaws provided such acts are not otherwise prohibited. IV. OFFICERS 1. The officers of the Association shall be the President, a Vice President, and a Treasurer -Secretary which offices may be filled by one person. All such officers shall be elected annually by the Council from the members of the Association. Each officer shall have the powers and duties usually vested in such office, and such authority as is committed to the office by the Bylaws or by specific grant from the Council, but subject at all times to the provisions of the Bylaws and to the control of the Council. 2. The President shall be the chief executive officer of the Association. He or she shall preside at all meetings of the Council. 17 3. The Vice President shall preside over the Council meetings in the absence or disability of the President, and shall otherwise exercise the powers and duties of the President in the event of the absence or disability of the President and shall generally assist the President and exercise such other powers and duties as are prescribed by the Council. 4. The Secretary and Treasurer, which shall constitute one office, shall keep the minutes of all proceedings of Council meetings and shall have custody and control of the Minute Book of the Association and shall keep or be in charge and control of the records of the Association and additionally as Treasurer have control of the funds and other property of the Association and shall keep the financial books and records thereof. 5. Any instrument affecting an interest in real property may be executed by the President or Vice President and one other officer upon authorization of the Council or in such manner as the Council may otherwise direct. V. AMENDMENT 1. These Bylaws may be amended, altered, repealed or new Bylaws adopted by the members at a regular or special meeting of the members upon the affirmative vote of 100% of all votes entitled to be cast; provided, however, no amendment effecting a substantial change in these Bylaws shall affect the rights of the holder of any mortgage recorded prior to recordation of such amendment who does not join in the execution thereof and who does not approve said amendment in writing. 2. To the extent provided by Section 49913.14 of the 2023 Code of Iowa, as amended, no modification nor amendment to these Bylaws shall be effective unless set forth in an amendment to the Declaration, executed and recorded in the manner set forth in the Declaration and an amendment to these Bylaws shall constitute an amendment to the Declaration as provided for by law. Upon such recording, said amendment shall be effective against all persons having an interest in a unit or the Regime regardless of whether said person had such interest at the time said amendment was adopted. VI. MISCELLANEOUS PROVISIONS 1. The invalidity of any portion of these Bylaws shall not affect the validity of the remaining provisions or portions hereof. 2. The Association shall not have and employ a corporate seal. 3. The Association shall promulgate such Rules and Regulations as it deems to be in the best interests of all owners within the Regime. 4. Each member shall have the obligations as such member as are imposed on him or her by the Declaration as an owner, and no member shall have any power or authority to incur a mechanic's lien or other lien effective against the regime property except as the same may attach only against his or her interest therein. 5. No provision or restriction otherwise void by reason of application of the Rule Against Perpetuities shall continue for a period longer than the life of the last to survive of the owners or present officers of the Declarant, and their children in being, at the time of the initial recording of the Declaration and twenty-one years thereafter. 18 6. Each owner or lessee of his or her unit, as applicable, shall have a right to use and enjoy the Limited Common Elements, as defined in Article IV, appurtenant to such unit provided that such use shall be limited to the uses permitted by the Declaration and other governing documents of the Regime. VII. MEMBERS' MEETINGS 1. Meetings of the members of the Association may be called for any purpose by a unit owner. 2. Written or printed notice stating the place, day and hour of the meeting and the purpose for which said meeting is called, shall be delivered not less than 7 or more than 60 days before the date of the meeting, either personally or by mail, by or at the direction of any officer or any unit owner. If mailed, such notice shall be deemed to be delivered when deposited in the United States mail, addressed to the member at his or her last known address. This notice requirement may be waived, in writing, by a unit owner representing each unit. 3. A quorum at a members' meeting shall consist of 2 representatives, either in person or by proxy, representing each unit. VIII. DEFINITIONS Unless the context otherwise requires, the terms used herein shall have the meanings stated in Chapter 499B of the Code of Iowa (2023), as amended, and as follows: 1. Person. The term "person" shall include an individual, a corporation, or other legal entity or its representative. 2. Owner. The term "owner" for purposes of these Bylaws shall mean any person who owns or holds an interest in one or more units subject to the Regime provided that the holder of a leasehold interest in a unit shall not be an owner and further provided that the holder of an equitable interest shall be an owner. 3. Singular, plural and gender. Whenever the context so permits or requires the use of the singular shall include the plural, the plural the singular, and the use of any gender shall include all genders. CITY OF IOWA CITY I-� By: IST16ce Teague, Mayor 19 EXHIBIT "E" RULES AND REGULATIONS FOR 1311-1313 SANDUSKY DRIVE CONDOMINIUMS 1. Parkin -g. Parking of cars, trucks, motorcycles, trailers, boats, campers, recreational vehicles, and other vehicles is allowed only on the driveway, the parking pad adjacent to the east edge of the driveway, and in the garages. No Unit Owner, guest or invitee shall block vehicular access to each Unit's garage by parking vehicles or placing objects within that portion of the common driveway between the Unit's garage door and Sandusky Drive. No Unit Owner shall install additional parking pads on any part of the Property. 2. Satellite Dish and Antenna. Radio or television antenna, satellite dish, or any wiring for any purpose may not be installed on the exterior of the Building without the written consent of both Unit Owners. 3. Noise. No Unit Owner shall make or permit any disturbing noises in the Building which will interfere with the rights, comforts, or conveniences of t h e other Unit Owner. No Unit Owner shall playupon or suffer to be played upon any musical instrument or operate or permit to be operated a radio, television, electronic device, or other loud -speaker in such Owner's Unit between the hours of 10:00 PM and the following 6:00 AM, if the same shall disturb or annoy other occupants of the Building. 4. Cleanliness. Each Unit Owner shall keep his or her Unit in a clean and sanitary condition. Unit Owners shall n o t sweep or throw from the doors or windows any dirt or other substance, or permit to be swept or thrown therefrom. Unit Owners shall not cause or permit any unusual or objectionable odors to be produced upon or emanate from their respective units. 5. Maintenance Responsibilities. As provided in Article IV of the Condominium Declaration: (a) The owner of Unit A (1311 Sandusky Drive) shall be responsible for: (i) Removing snow from the public sidewalk along Davis Street to the curb on Sandusky Drive as required by the Iowa City City Code. (ii) Repairing the public sidewalk along Davis Street to the curb on Sandusky Drive Street as required by the Iowa City City Code. (iii) Maintaining the right of way between the curb and property line along Davis Street as required by the Iowa City City Code. (iv) Removing snow from the portion of the driveway extending from the Unit A garage to Sandusky Drive. (v) Maintaining the portion of the driveway extending from the Unit A garage to Sandusky Drive. (vi) Maintaining the exterior front walkway adjacent to Unit A, including removing snow and ice. (vii)Maintaining the birch tree located in the northwest corner of the Property. The removal of said birch tree is at the sole discretion and sole cost of the owner of Unit A (b) The owner of Unit B (1313 Sandusky Drive) shall be responsible for: (i) Removing snow from the public sidewalk along Sandusky Drive to the curb on Davis Street as required by the Iowa City ordinances. (ii) Repairing the public sidewalk along Sandusky Drive to the curb on Davis Street as required by the Iowa City ordinances. (iii) Maintaining the right of way between the curb and property line along Sandusky Drive as required by the Iowa City ordinances. (iv)Removing snow from the portion of the driveway extending from the Unit B garage to Sandusky Drive. (v)Maintaining the portion of the driveway extending from the Unit B garage to Sandusky Drive. (vi) Maintaining the exterior front walkway adjacent to Unit B, including removing snow and ice. (vii)Maintaining the spruce and maple trees located in the east of the Property and the maple tree located in the southeast corner of the Property. The removal of said birch and maple trees and maples trees are at the sole discretion and sole cost of the owner of Unit B. (c) The owner of Unit A and the owner of Unit B shall both be responsible for maintaining and repairing the privacy fence separating the patio in the rear yard. (d) The owner of Unit A and the owner of Unit B may store City of Iowa City issued trash, recycling, and compost containers on the concrete pad east of the Unit A garage. (e) The owner of Unit A has exclusive use of the parking pad adjacent to the eastern edge of the driveway extending from the Unit A garage. The owner of Unit A must remove snow and maintain said parking pad. The owner of Unit A may elect to remove the parking pad at the sole cost of Unit A, rather than maintain it. If the owner of Unit A elects to do so, the owner of Unit A must fill in, grade, and reseed the area where the parking pad was located at its sole cost. At such time, the exclusive use of this space by the owner of Unit A is terminated and the space becomes a Limited Common Element reserved for Unit B. (f) Each unit owner is responsible for maintaining and repairing the Limited Common Elements reserved for each unit, except as provided herein. 6. Renting. As provided in Article VIII of the Condominium Declaration, no Unit may be rented. The Unit owners must occupy, reside, and live in the Unit. Notwithstanding any other provision herein, a Unit owner may lease to one person for a minimum period of 90 days provided the Unit owner occupies, resides and lives in the Unit throughout the rental period. 7. Fencing. As provided in Article VIII of the Condominium Declaration, no Unit Owner may install a fence in the front yard without the written consent of the other Unit Owner. 8. Animals. All animals must be licensed with the Iowa City Animal Care and Adoption Center as required by the Iowa City City Code. 9. Mailboxes. Exterior name plates and mailboxes must be installed in a manner uniform and consistent with that of the other Unit and approved by the other unit Owner. 10.Amendment. These Rules and Regulations may be amended, modified or altered only as provided in the Bylaws of 1311-1313 Sandusky Drive Condominiums Owners Association. These Rules and Regulations have been approved by the Council of Co -Owners consisting of all members of 131 1-1'A 13 Sand u s ky Drive Condominiums Owners Association on December 12 2023 CITY OF IOWA CITY Byan3i,dce Teague, Mayor Item Number: 5.e. Executive Summary: The current City of Iowa City data communications equipment is past the end of its useful life and must be replaced. Upgrades are needed to improve security and provide more storage space for expanding needs. The City sought a quote from DataVizion which is a fulfillment partner for Hewlett Packard equipment. DataVizion will be utilizing the Hewlett Packard NASPO ValuePoint cooperative contract. Pricing of the equipment was analyzed and deemed to be fair and reasonable. Hewlett Packard was awarded the NASPO ValuePoint cooperative contract for Data Communications, thereby satisfying the City's bidding requirements. Background /Analysis: The Current City of Iowa City Data Communications equipment is well past its replacement date due to delays caused by the Covid pandemic and other factors. Current switches purchased in 2015-2017 are obsolete and need to be replaced with switches that can support our increased server and storage footprint. The need for increased bandwidth requirements, a larger network and storage system necessitate the purchase of this equipment. CITY OF IOWA CITY COUNCIL ACTION REPORT December 12, 2023 Resolution Authorizing the Procurement of Data Communications Equipment and Installation Prepared By: Ben Toland, ITS Support Service Manager Reviewed By: Michael Harapat, ITS Coordinator Nicole Davies, Finance Director Geoff Fruin, City Manager Eric Goers, City Attorney Fiscal Impact: Funds for this purchase are available in account #83310581-476050 in the replacement reserve budget for the ITS Division. Commission Recommendations: N/A Attachments: Resolution DataVizion Quote DVZQ18714 111623.pdf Executive Summary: The current City of Iowa City data communications equipment is past the end of its useful life and must be replaced. Upgrades are needed to improve security and provide more storage space for expanding needs. The City sought a quote from DataVizion which is a fulfillment partner for Hewlett Packard equipment. DataVizion will be utilizing the Hewlett Packard NASPO ValuePoint cooperative contract. Pricing of the equipment was analyzed and deemed to be fair and reasonable. Hewlett Packard was awarded the NASPO ValuePoint cooperative contract for Data Communications, thereby satisfying the City's bidding requirements. Background /Analysis: The Current City of Iowa City Data Communications equipment is well past its replacement date due to delays caused by the Covid pandemic and other factors. Current switches purchased in 2015-2017 are obsolete and need to be replaced with switches that can support our increased server and storage footprint. The need for increased bandwidth requirements, a larger network and storage system necessitate the purchase of this equipment. Prepared by: Ben Toland, ITS Support Services Manager, 410 E Washington, Iowa City, IA 52240(319)356-5425 Resolution No. 23-314 Resolution Authorizing the Procurement of Data Communications Equipment and Installation Whereas, a NASPO Value Point Cooperative Agreement for Data Communications was awarded to Hewlett Packard. Whereas, the State of Iowa participates in the NASPO Value Point contract for Data Communications and allows City Municipalities to use said contracts; and Whereas, Datavizion is a designated fulfillment partner of the Hewlett Packard Data Communications contract; and Whereas, the City's purchasing policy requires City Council to approve purchases over $200,000; and Whereas, the City would like to use Datavizion to Install, Data Communications equipment for the City of Iowa City; and Whereas, the City expects to expend approximately $219,795.60 for the installation and procurement of Data Communications equipment; and Whereas, funds for this purchase are available in the budget under account #83310581-476050; 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 the attached agreement with the vendor and take whatever steps are necessary to effectuate any reasonable and appropriate amendments or renewals of said agreement. Passed and approved this 12th day of December , 2023 1 f� I May Approved by Attest: tC=e—, /Z-� Cl Clerk City Attome+ s Office —1112912023 Resolution No. 23-314 Page 2 It was moved by salih and seconded by Alter the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Alter �— Bergus x Harmsen x Salih x Taylor x Teague x Thomas DataVizion 2900 Justin Drive, Suite C Urbandale, IA 50322 (888) 617-4118 www.datavizion.corn DATAVIZIQN Aruba Core and Data Center Switching Prepared For: City Of Iowa City Prepared By: Drew Schade Senior Sales Executive DVZQ18714-04 DATAVIZION Cit, Of Ian?oa Cify ben T -land 4`0 E W-ishinglon le%a City, a 52241) 1 3131 'SSd-5435 bt�land c)io,n=a- t;LtrrO Here is the quote you requested. 1- F� Cit;' Of lo'a;3 city Ben Toland 41., E',;Sshinrton lo,rra Cit;, la 52240 31 =' Sn 5433 t�hndwTic,. n .orc) Phase 1 - Migration to New Hardware ROX26C Aruba 6405 v2 Switch ROX35A#B2E Aruba 6400 180OW Power Supply with C16 Inlet Adapter ROX31A Aruba 6400 Management Module ROX44C Aruba 6400 48p 1 Gil OG/25G SFP28 v2 Module ROX39C Aruba 6400 48p 1 G Ci PoE 4SFP56 v2 Module Aruba SFP Options information JL486A Aruba 25G SFP28 LC LR 10km SMF Transceiver ROM47A Aruba 5OG SFP56 to SFP56 3m Direct Attach Copper Cable Expires (VSX Connection) J9283D Aruba 10G SFP+ to SFP+ 3m DAC Cable (ISL Keepalive $11,539.00 Connection) Aruba Central Management Phase 1 R81-82AAE Aruba Central 64xx/541ot Switch Foundation 5y Sub ESTU $64,129.00 (Optional - SELECTED) Quote information Number DVZ(D73714- Date 11116,202' Expires 11124'2023 Drew Srhade Senior Sales ExecutPie (515) 208-0302 dschade:L �Jatavizinn,cOm $175,207.60 $17,319.00 $6,494.63 4 $25,978.52 $3,209.00 $1,203.38 16 $19,254.08 $11,539.00 $4,327.13 4 $17,308.52 $64,129.00 $23,471.21 4 $93,884.84 $12,829.00 $4,695.41 4 $18,781.64 $12,506.76 $5,199.00 $1,902.83 6 $11,416.98 $629.00 $235.88 4 $943.52 $195.00 $73.13 2 $146.26 $8,181.24 $4,675.00 $2,045.31 4 $8,181.24 Aruba Training $5,376.00 Hli Aruba Worldwide Education Technical Training - Technology $200.00 $168.00 32 $5,376.00 Training Course - Web -based Training 16 Credits for 1 Person/40 Hrs) 01126291 VILT ArubaOS-CX Switching Fundamentals, Rev. 20.21 WILT Phase 1 Professional Services $17,500.00 DVPS-ARU-CORE-M-6400 Aruba i Core Migration (Install and Configure 4 New 6400's) 1 DVPS-ADD-ONSITE-ENG Onsite Engineer NASPO Data Communications Master Agreement #AR3228, Iowa Participating Addendum # AR -3228 -IA Freight Freight $253.09 $0.00 $253.09 1 $253.09 Solution Subtotal Sales Tax Grand Total $219.024."09 50.00 $219,024.69 2 of 12 $54,756.17 Select your preferred payment option / purchase terms*: [ ] Terms Purchase (purchase amount $219,024.69) n or�G.2pn3 35 Terms and Conditions: - Prices are exclusive of all taxes and labor, unless expressly stated otherwise. Customer will be responsible for, and pay all taxes due under this Agreement including, but not limited to, sales, use, or value-added taxes. Prices are valid for 30 days from the date a quote is initiated. Any equipment and software purchased or licensed hereunder will be billed upon shipment from the manufacturer and is due upon receipt of invoice. - Product orders in excess of $25,000 may require a deposit prior to placement, Any proposal for leasing options for hardware or software is subject to credit approval. - Unless otherwise agreed by the parties in the MSA (defined herein), fees for professional services less than $5,000 will be payable within 30 days of invoice. Fees for professional services in excess of $5,000 will be payable on the following schedule: (a) 25% due upon project acceptance, (b) 25% due upon completion of initial Customer discovery call, (c) 25% due upon project implementation, and (d) the remaining balance due upon project completion. - Late payments over 30 days are subject to finance charges. Returns of equipment must be made within 30 days of shipment in the original unopened box. No returns will be permitted more than 30 days after shipment. - A technology fee of 3% of the total invoiced amount is assessed to invoices paid by credit card. No technology fee is imposed for payments made by ACH or debit card. All equipment and software orders are shipped directly to Customer by the manufacturer in accordance with the manufacturer's standard commercial practices. - Any warranty provided for items purchased through DataVizion is subject to the manufacturers terms and conditions, unless expressly noted otherwise. In the event that any repair or service labor is needed by DataVizion to support of a manufacturers warranty, such repair or service labor will be billed at current rates. Customer agrees by executing this quote it has reviewed and approved its terms and any applicable materials list. - This quote is made and shall be incorporated in full as part of that certain Master Services Agreement and any applicable Statement(s) of Work by and between DataVixion and Customer (collectively, the "MSA"). Except as specifically set forth in the MSA, if there is a conflict between the terms of the quote and the MSA, the parties agree that the MSA shall control. Signature Date PIMA Introduction This Statement of Work ("SOW") is effective as of the acceptance date of DVZQ18714-04 and is made and entered into by and between City Of Iowa City (the "Customer" or "Client") and DataVizion LLC ("Service Provider" or "Company"). This SOW is made and incorporated in full as part of that certain Master Services Agreement ("Agreement"), by and between the Customer and Service Provider. Except as specifically set forth in the Agreement, in the event of any conflict between the terms of this SOW and the Agreement, the parties agree that the Agreement shall control. If during the project additional scope of materials or services are identified a formal change request will be issued. �E _ r�itiiFF DataVizion will partner with City Of Iowa City to perform all deliverables on: DVZQ18714-04 - Aruba Core and Data Center Switching Solutions implemented will be enterprise class and expandable to accommodate growth and changes in technology. Steps will be taken to reduce the impact to end users during the project. The project will follow the DataVizion standard project approach, Project Initiation, Project Planning, Project Execution and Delivery, and Project Closure. This approach will outline the milestones, schedule, and resources to meet the project deliverables. At the end of the project, when all deliverables are met, the project acceptance form will be reviewed, signed and resources released. The project will be a collaboration between Company and City Of Iowa City. Both parties will participate in discovery, design, checklists, configurations, and making decisions to best Scope of Work Project Initiation • Client Kickoff • Project Approach • Key stakeholder identification • SOW and BOM review • Customer verify updated warranties and service agreements on existing equipment • Check Bill of Materials against equipment received, if applicable • Verify availability of required software and licenses Project Planning • Work Breakdown • Timeline (start dates, end dates, milestones, and phases) • Resources • Task responsibilities • Risks ( contingency plans • Dependencies Project Schedule • Discovery Meeting • Design 4 of 12 • Design Review and Acceptance • Configuration • Note: Work performed during this phase is not intended to provide training/explanation of specific tasks performed. Overview of work performed Is provided during Knowledge Transfer Sessions, if applicable. • Testing and Success Criteria Identification • Deployment • Closure Project Execution • Implementation • Monitoring and Control • Pilot and validations • Test plan / device list (testing sample), if any • Site Rollout • Day -2 Support • Documentation • Information to gather support documentation on the manufacture support portal • Knowledge Transfer, if applicable Closure • Project execution complete • Project acceptance Technical Aspects Discovery • Check Bill of Materials against equipment received. • Verify availability of required software and licenses. • Orientation of Client's current environment to be used as a baseline for Design Phase. • Understand Client's requirements for network access control. Aruba 54xx Core Migration (Install and Configure 4 New 6400's) Phase 1: The scope of this project is to migrate existing network from a Layer 2 core to redundant Layer 3 using OSPF routing protocol. The migration will involve segmenting the network into smaller subnets, configuring Layer 3 routing on the core routers, and updating the VLAN configuration on the switches. The goal of this project is to improve network performance, increase scalability, and provide better control over network traffic. Design and Documentation -Plan physical site layout (Fiber) for new design and physical switch port layout (Ll) -Develop new IP/VLAN/Network Topology for all locations (if applicable) -Develop a new network topology that incorporates Layer 3 switches for improved traffic management and scalability. -Design and plan for all firewall adjustments to accomodate new design -Design for using OSPF as the routing protocol 5 of 12 -Design for redundancy to ensure network availability in the event of a failure or outage. -Provide Visio and supporting documentation of the full design Pre -Installation -Unbox hardware and inventory product -Stage switches in the designated staging area -Update switches to latest appropriate firmware version -Configure for management and locked down access -Configure QOS tagging to accommodate voice quality to phone system (if applicable) -Build out VIAN and layer 3 infrastructure within two datacenter closets designated as the Core Installation -Onsite Installation of Core switches into racks -VSX Implementation -Test connectivity Documentation -Create Visio documentation of site layout and port mappings -Create backups of all switch configurations Implementation • Implementation preparation for transition • Review risks and contingency plan • Define cut -over window and schedule for tasks and resources • Identify success measurement • Design site turn -up processes, procedures, schedule, and milestones Documentation • Updated high level Visio documentation with legend of how devices connect, including any changes made to environment, if applicable. Initial network topology diagram obtained from the client if it exists. • Status updates and meeting notes sent by Company throughout the project. • Backup of configurations within project scope. Company provides text files. • Information to gather overall support documentation on the manufacture support portal within scope of project. Company to provide links to the manufacture support portal. 6 of 12 Project Delivery • This includes travel to and from Client location(s). Meetings will be scheduled for Project Kickoff, Status Updates, Implementation Planning, along with time necessary to discuss any issues or risks that come up during the project. Project Manager(s) will work to reduce risk to the extent possible and manage issues. • Company engages in a fast -paced and strict migration schedule. Company to provide Client a migration strategy with clear expectations, timelines, and agreed upon schedule for all activities required to implement the solutions. Deviating from agreed-upon schedule, Client delays or terms and conditions related to customer responsibility and exclusion & out -of -scope sections may result in a change order. 7 of 12 Deliverables Aruba 64xx Core Migration (Install and Configure 4 New 6400's) Deliverables • Configuration and physical installation of (4) Aruba 64xx Core Switches per purchased build of materials • Installed Aruba Switches according to customer requirements and approved design • Final project documentation to include all supporting documentation and configuration backups • A maximum of (1.5) hour knowledge transfer within one session Additional Deliverables to Include Outside of Design Package (if applicable): • Company will physically setup and configure (4) 6400's • Company will perform a 1-1 migration of 6400's within phase 1 in preparaption for a L3 Phase 2 Migration. • Note: DataVizion highly recommends manufacturer's training courses for more in-depth knowledge of supporting, maintaining, and utilizing more capabilities of your environment. DataVizion will provide a Knowledge Transfer and basic training of the deployed products. This is geared around basic day-to-day operations and support and is NOT to be replaced by the Manufacturer Training Courses. Hours and Travel • Engineering work is performed during the normal business hours: Monday through Friday 5:00 AM to 5:00 PM. • Remote work is the standard approach, unless other arrangements have been made. Specific tasks will need to be specified for weekdays, weekends, holidays, onsite, and outside normal business hours. Travel Expenses • In the event of a Change Order requiring additional travel and expenses outside the SOW, the following conditions apply: o DataVizion bills travel one way to the Client site from the nearest DataVizion office within that region at the identified engineer hourly rates. • All work will be performed remotely whenever possible. If applicable to the project, one (1) onsite visit is assumed to the client site, including travel to and from site. Unless specifically addressed in the Additional Deliverables section above. Exclusions & Out of Scope • Missed milestones or rework due to Client's failure to provide timely and/or accurate information will be a change order or T&M ticket • All costs associated with third -party issue resolutions or delays not contracted by Company are the responsibility of the Client. Third -party vendor delays causing extra trips result in a T&M ticket. • Delays due to incomplete tasks, incomplete cabling, software bugs, unfulfilled feature requests, missing content or other delays resulting from the action or inaction of any third -party, including vendors, the customer and third -party subcontractors not specifically approved/provided by Company or included in the Scope of Work will be a T&M ticket to the Client 8 of 12 • Troubleshooting or delays caused by vendor -driven solutions (after confirmation that solution configuration meets design), expired warranties or service agreements or third -party software and or end-user hardware devices connected to the wired or wireless network will result in a T&M ticket • Any additional costs of Access Point (AP) mounting hardware, costs of connection items (Transceivers and cables), and software and hardware connections not identified on the Bill of Materials or part of this scope of work will result in a Change Order or T&M ticket. • Additional resource scheduling for after-hours labor and not identified in the scope of work will require a Change Order that needs to be completed and approved by the Client and Company. • Company will not be responsible for third -party vendors (not contracted by Company) regarding issue resolution or delays. • Company will not be held accountable for modifications, new development, or new vendors not identified by Client before the signing of the contract. Client Responsibilities • Client has documentation of all current AP placements, if applicable • Client is responsible for ensuring all its electronic files and other data are adequately duplicated, documented, and protected. • Client is responsible for all effort and cost involved in implementing carrier voice and data circuits. Company will not be responsible for delays in project due to delays in delivery of circuitry or contract negotiations around said services. = Company recommends that Client changes any user ID's and passwords that were implemented or disclosed during project implementation. = Client is responsible for establishing an infrastructure environment that meets Company minimum standards. Change request or T&M ticket will be created for work by Company engineer resources to meet minimum requirements. Project Management • Company will schedule the required resources for project completion. • A notice of project completion will be delivered, upon completion of the project. Order • Should Client request additional equipment or services outside of this agreement, a Change Order will be required. A T/M ticket can be adopted for a requested Change Order. • All out -of -scope issues will be handled via client -authorized Change Order on a fixed or hourly basis as agreed upon by both parties. The recommended equipment, programs, and services contained in this SOW are based upon Customer's requirements as understood by DataVizion. While DataVizion believes our design and pricing to be accurate based upon our discovery process and the information provided. If additional information or details not previously provided by the Customer come to light, a Change Order may be required for additional equipment, applications, and services. • This SOW may be amended at any time by mutual agreement of the parties, if before any amendment shall be operative or valid, it shall have been reduced to writing and signed by both parties. If any provision of this SOW conflicts with the provisions of any governmental law, rule, or regulation, such provision shall be severable, and the remainder of this SOW shall not be impaired and shall remain in full force and effect. • It may become necessary to amend this SOW for reasons including, but not limited to, the following: o Customer changes the scope of work and/or specifications for the Services; 9 of 12 o Non-availability of resources which are beyond either party's control; and/or, o Environmental or architectural impediments not previously identified. • In the event either party desires to change this SOW, the following procedures will apply: o The party requesting the change will deliver a Change Order in writing to the other party. The Change Order needs to describe the reason for the change and the effect the change will have on the scope of work and pricing, which may include changes to the deliverables and the schedule. o Upon mutual agreement to implement the Change Order, the appropriate authorized representatives of the parties will sign the Change Order, indicating the acceptance of the changes by the parties. o The Change Order is included in the project schedule and completed at the project closure. Company may be contacted any time during normal business hours for ongoing support concerns and problem resolution unless other arrangements are made. o Post implementation support will be provided remotely and scheduled for services and resources unless tasks are specifically identified in the agreement. o Post implementation support is beyond the 2nd day support services and is not included in the project scope, unless it is specifically stated. o Added post implementation support hours may be purchased in block hours contract (see Account Manager for details). Licensing • Client is responsible for ensuring that all licensing is up to date for any software being supplied by Client. Company reserves the right to verify licensing on any software provided by Client prior to installation. • Client is responsible for Operating System and Software feature licenses. ssumptions • A management structure is established by Client and available to resolve any project -related issues. • Single point -of -contact is provided by the Client and available throughout the project. Client will notify Company of project resource changes. • Information provided by Client is accurate and complete. Changes will become a T&M ticket to the Client if information adjustment requires additional hours for rework. • Communication will be performed by the Client to notify their managers and users of the installation date and potential downtimes associated with this project. This includes notifying managers and users of any risks associated with this project. • Building access, adequate staging area, and information for building navigation are provided by the Client to the Company for effective task performance while onsite during the project. • Infrastructure is ready for project implementation. Company reserves the right to verify infrastructure readiness prior to installation. • One maintenance window is presumed for the project unless other arrangements are made and stated in the SOW. • Floor plans and/or electrical drawings are provided to Company, as needed, from the Client. 10 of 12 • Planned Milestones are dependent upon the availability of equipment provided by all third -party vendors. • Notice of five -business days is needed for work to be performed outside normal business hours and 10 -day notice for onsite visits from the Client. • Dedicated power circuits and suitable space for placement of the equipment in a secure location are provided by the Client. • The Operating System and Software feature licenses are procured by the Client. All licensing is up to date for any software being supplied by Client. Company reserves the right to verify licensing on any software provided by Client prior to installation. • Hours disclosed in this SOW are used for project scheduling purposes only. NO hours will be carried over after the completion of this SOW unless otherwise specified by Company or is specifically stated as "Post Support Hours". • Company intends to provide 2nd day support the first business day after the solution implementation date. The 2nd day support services as designated will be completed within a contiguous time frame (hours or days), not over an undefined period of time. • Company intends to complete documentation and knowledge transfer, if included in the project's scope, within one week of project completion or completed during the 2nd day service interval. Extending them into a period beyond this time frame may be billable unless other arrangements have been communicated. • Anything not specifically addressed in this document is excluded from this SOW. Additional Assumptions Based on Purchased Services (if applicable): 11 of 12 Additional Conditions Non -solicitation of DataVizlan Employees - From the date of this Statement of Work for a period of one (1) year following for any reason whatsoever, Client agrees not to solicit the employment of any DataVizion employees, contractors, or agents that provided Services to Client without the express written permission of DataVizion. Contact Information DataVizion (Company) Signature G� Title: Coo City Of Iowa City (Client) Signaturet Title: City Manager Date: I j Date: 12112/2023 City Of Iowa City 410 E Washington Customer Address Iowa City, la 52240 United States Customer Contact gen Toland y� Drew Schade DataVizion Account Manager (515) 208-0802 dschade@ datavlzion. com DataVizion (Company) Signature G� Title: Coo City Of Iowa City (Client) Signaturet Title: City Manager Date: I j Date: 12112/2023 Item Number: 5.f. CITY OF OF IOWA CITY �fil COUNCIL ACTION REPORT December 12, 2023 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Wastewater Treatment Facility Improvements Project. Prepared By: Ben Clark, Sr. Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $1,398,000 available in the available in the Wastewater Treatment Facility Improvements 2022 account #V3175 Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Resolution Executive Summary: This agenda item awards the construction contract for the Wastewater Treatment Facility Improvements Project. Two (2) bids were submitted prior to the November 30, 2023 deadline: Contractor City Bid Amount WRH, Inc. South Amana, IA $1,398,000.00 Tricon General Construction Cedar Rapids, IA $1,681,000.00 Engineer's Estimate $1,350,000.00 Staff recommends awarding the contract for the Wastewater Treatment Facility Improvements Project to WRH, Inc. of South Amana, Iowa. Background /Analysis: This project will incorporate three capital improvement projects into one construction contract, including: influent flow monitoring, grit classifiers, and biosolids conveyor improvements. The existing in -channel area velocity sensor/meter will be replaced with a parshall flume for increased flow measurement accuracy and confidence, which are imperative for plant operations. This will require channel modifications, flume and sensor installation and programming into the headworks programmable logic controller. The grit classifiers were installed in 2002 and required a major frame repair in 2015, as well as multiple rotating part replacements over the past 5 years. The equipment is at the end of its useful design life, and with improvements in technology, the new classifiers will be more effective at dewatering and will produce a drier grit. Prepared by: Ben Clark, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5436 Resolution No. 23—,115 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Wastewater Treatment Facility Improvements Project. Whereas, WRH, Inc. of South Amana, Iowa has submitted the lowest responsive, responsible bid of $1,398,000.00 for construction of the above-named project; and Whereas, funds for this project are available in the available in the Wastewater Treatment Facility Improvements 2022 account #V3175. 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 WRH, 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 12 rh day of December _,2023 f Maio) Approved by Attest: City Clerk City Attey's Office (Liz Craig —12/07/2023) It was moved by Salih and seconded by Ai t-, the Resolution be adopted, and upon roll call there were: Ayes: x X Nays: Absent: Alter Bergus Harmsen Salih Taylor Teague Thomas !s,T Item Number: 5.g. CITY OF IOWA CITY COUNCIL ACTION REPORT December 12, 2023 Resolution Approving Final Plat Iowa River Mobile Home Park a Resubdivision of Paden's Resubdivision of Lots 1 and 4 of Charles Subdivision, Iowa City, Iowa. (SUB23-0001) Attachments: Staff Report Final Plat Resolution STAFF REPORT To: City Council Prepared by: Anne Russett, Senior Planner Item: SUB23-0001 Date: December 12, 2023 Iowa River Mobile Home Park Final Plat GENERAL INFORMATION: Applicant and Property Owner: Contact Person: Requested Action: Purpose: Location: Location Map: Size: Iowa City Kolona MHPS, LLC Auburn Storage, LLC Alan Stevenson The BoaVida Group 916-761-8034 alan(aDtheboavidagroup.com Brian Boelk Axiom Consultants bboelk(aDaxiom-con.com Approval of final plat Iowa River Mobile Home Park, a resubdivision of Paden's resubdivision of Lots 1 and 4 of Charles Subdivision 2128 & 2254 S Riverside Drive 32.23 Acres Existing Land Use and Zoning: Manufactured Housing Park, OPD/RS-12 Surrounding Land Use and Zoning Comprehensive Plan: District Plan: Neighborhood Open Space District: File Date: 60 Day Limitation Period: North: (Industrial) General Industrial 1-1 South: (Terry Trueblood Park) Neighborhood Public P-1 East: (Iowa River, City -owned land) P-1 West: (Industrial) General Industrial 1-1 Single family residential South Central S1 January 1, 2023 Limitation period waved by the owner BACKGROUND INFORMATION: The applicant, Iowa City Kolona MHPS, LLC and Auburn Storage, LLC, has requested approval of a final plat for the 32 -acre manufactured housing park located west of the Iowa River along S. Riverside Drive. The property was rezoned (REZ15-00007, Ord. No. 15-4639) to high density single-family with a planned development overlay (OPD/RS-12) for 14 -acres in 2015. Per 14 -8D -7C-4, OPD plans are valid for no more than 24 months unless otherwise specified in the ordinance approving the OPD overlay zone. Since a building permit for the OPD Plan was not issued within two years of the OPD approval from 2015, the OPD expired. A new OPD rezoning was required and in 2021, the previous owner requested a rezoning to approve a Planned Development Overlay (OPD) plan and rezoning for 5.81 acres of the 32 -acre property. The rezoning was approved (REZ21-0009, Ord. No. 21- 4868) allowing the expansion of the existing manufactured housing park subject to the following conditions: a. Prior to issuance of any occupancy permit for the subject property, Owner shall construct a storm shelter in general conformance with the approved preliminary planned development overlay plan; b. Prior to issuance of any building permit for the property described herein, Owner shall: i. Obtain approval of a final plat of the subject property, which shall include the adjoining properties to the west and north, combining the existing manufactured housing developers into one parcel; ii. Said final plat application shall include a site grading and drainage plan: iii. The subdivider's agreement executed at the time of said final plat approval shall require owner to make certain off-site improvements, including a pavement of 5' sidewalk and development of open space along the south side of the existing east - west private street to S Riverside Drive. The open space shall be developed according to an open space plan approved by the City with recreational amenities, such as playground equipment and/or recreational fields. ANALYSIS: The final plat of Iowa River Mobile Home Park is in general compliance with subdivision regulations. Legal papers and construction drawings are currently being reviewed by staff. It is anticipated that these documents will be approved prior to the December 12, 2023 City Council meeting. Neighborhood Open Space: The proposed subdivision includes residential uses which require neighborhood open space dedication. The required dedication was satisfied when the property to the east was purchased by the City from the previous owner. The purchase agreement 3 stated that the land satisfied future open space requirements upon expansion of the manufactured housing park. Therefore, no additional open space is required as part of this subdivision. Infrastructure: All sanitary sewers, water mains, and storm sewer for the development will be on-site and privately owned and maintained. Therefore, the City will not be accepting any of these improvements, but rather approving them. Public Works staff has reviewed the plans for sanitary, water, and stormwater and it is anticipated these plans will be approved prior to the City Council meeting on December 12. NEXT STEPS: Once the final plat, construction drawings, and legal documents are approved and all improvements have been accepted by the City, the applicant can submit site plan and building permit applications. In terms of the rezoning conditions, the final plat application included a grading and drainage plan which was reviewed and approved by Public Works staff. The Final OPD plan, also reviewed and approved by staff, shows the 5' sidewalk and a proposed soccer field to the south of the private drive. The sidewalk and recreational amenities have also been addressed in the subdivider's agreement. One condition will be addressed through the building permit process. Staff will ensure the construction of the storm shelter prior to issuance of any occupancy permit. STAFF RECOMMENDATION: Staff recommends approval of SUB23-0001, an application submitted by Iowa City Kolona MHPS, LLC and Auburn Storage, LLC for a final plat of the Iowa River Mobile Home Park, a 1 -lot, 32.23 - acre residential subdivision located west of the Iowa River on S. Riverside Drive. ATTACHMENTS: 1. Final Plat Approved by: I j • 0%1 , Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services FINAL PLAT waaeNoaoea,n.eo.e. IOWA RIVER MOBILE HOME PARK A RESUBDIVISION OF PADEN'S RESUBDIVISION OF LOTS 1 & 4 OF CHARLES SUBDIVISION ��ryRESIUATEe=,®IN i,� IOWA CITY, JOHNSON COUNTY, IOWA LEGEND e IF L 19°1"W "PEBA DATE V�r `Af'l \ 1 1 .,I FuuNusre MM COEPPL O 6P / 1 O DATE CROSSED ARvIPROPEmv LINE (66'POW WE) 3 J 90 _ T S 3 V192203 W 1 _ 290 Q r 224" E 0 �y '` 4Ai3 FOUNDAID READ OPCF5749 }5 10-58 26 L sre°REeAR vacno3c 1 "" N 2-14 °sre" n0 36 `t S89-3246 W X00' s900 '46 W �. 15 10 w c \ v1356 3 m'02"E IT FOUND.mRFOARRPC.295 ria 9 " 11�'w 14 117' Soo W 1 ° s9 4ss'oB" 79 B o3�" 2 N1 ,2472 Ti— FOUND.m'READ FOTESTED REBARRPC#8295 1. RPC.B295 90 72-5235 LOT 1 H 17-07 25 w A698 PRIL 572 A� SE 79 \ A 's RESUBOVSON s m SET 3/4 "PIPE OPCF19023 3EV7) 151 W J H 70-301 '01 _ 61E EF"OP A-2743 W 91 AT C 0 REST OF LOT 3 LSET 741 �, 3/4 PIPE PRO #19828 N 31 i 3182 --- NEG PAaaPs o _ 9792,', B FOUND, READ FEES1 rs E _ p v1344 PC#1043s 016 , i T AD HE NO" TIELI OR rc WE RES, I 3e �W .4, ii nmNER UlsliION B BE 52, PG 222 FOUNCHE22' eEBAevPCtB205 __.._ ___CLUeErvA Mer S87°31'15"E 1x56 SNCORNEAA RsPARCE L9805] MCCO115TER e1V0FOUNDUEDRUDIiOSOFT F105 (85 R0PC _\ LEGEND e 3Er3/4"0PIPE OPCI9828 FOUNDMOMUMENT DATE AGE REBARYPCI3287 ORAFLEBELED .,I ORANGE PLASTIC CAP EA METRONET DATE CROSSED ARvIPROPEmv LINE EXISTING PROPERTY LINE LEGAL UEK HIP III e.IU Non.1T"1.1nwenoUNXE..waoe.eNOTon„ AN" 1 7E ON UP ONN IT RE, ASEPARROAHNARENNSEUNTINAGA I ME EIRINNING ITT" SPANCEPAITNERNIFEEISSIN QT,T ENNEILEENN TIEFFAITTRESEISENNUEST ".-1 1, FE -0 "I I I NI .111 ELLITY T, INEURPRE ..'I 11—N '.I BEENNESTATER -ULI" I T " —��101N— .. K 'ANA WEE 7EIREI TME RIUNAEN MUNI INFO meet/ m rn I EN= A %MEI I ISEEK FEES 'IN 1 2. .1 TME AMPAENNSEUNTY RENEEMEAS MINE, TMENNE ILSON 111. WE' LINE =,NA`�". I I STEM TRO I I , TMENNE 'ON' RAN NISITM LINE 171-111AE, HER I OETHE TME PART LINE 11 TRINT I"' IDEPEN IN TION W 7-- '1- IN I W NUSEWE", AN IN 'EEL TMENIE 'LIN' I" WEAT LINE N70-A'E, Doll E, TMENNE ILLING I'll WEAT LINE N��:Xl'-- �::T T� IZR 2AW 11 IN OET TMENIE ILLING RAN WEAT LINE 1-12 IWEF 1 71 OET TME , " — LIN EE MENE IONG 111. PART LINE .1 11 'EEL TMENNE I=N PART LINE A7ND 1-1 DOIN III, TMENNE 'AN' I'll PART LINE PEREELI ALUED AM 'EEL TMENNE ILLING I'll PART LINE NFAOD IYA, IN 12 'EEL TmENNE ILLING I'll PART LINE PROPER1 AUGH 11 1 'EEL TMENNE ILLING I'll PART LINE REP -12 AREAD, " 71, TMENNE 1111 DETILINI ANINENEIT LINE IN 171 IN "IT III IUAA re �Elll N' NERSIGUED 12 El IEETT TMENNE 1111 IEETIL— "IN PART LINE NO A — IN REAT PENUI ROWE NCENNG,, _UUU QUEEN 0, 1 N , M Ro IT , TMENNE ILSON 111. WE' LINE NIR -221, 12 GO OETHE TME N— LINE 11 RAN HIT A TMENIE ILLING I'll MATEM LINE IIIIII—A, IEN 11 OETHE TME ACUP 11110 OETHE TME ICELLU LINE .1 RAN 2 MORE TIES FEE � U, LEON WAISCAL12MEREETTMENIAIESECIFEWED71 IS RIREEOME— mwoND,�o e�w�e ne,n,oNoen�no I�..nen� OWNER INFORMATION: OWNER: nOR,GE EO C/O DELMAR WOOD 19 10 TERRACED, DR DECLARED 0 w4 916 93= DELMAR@BOAVIDWMHPCOM 12 MET WASHINGTON STREET INGER, CITY, OWEED2240 3924 319 337.606 MOeEurvDRTUMNBUW COM PREPARED EADRAMexs ABOI AXIOM C NSULDEN TO �UITE 200 00 SOUTH CLINT N STREET I OWES CITY, INGER, 52240 3924 319 ACE 62 0 GGERECTERROARROM CON COM INTENSE TORRATEANYVESTED ANYTHIRD PARTY RENEFICARIES TO ANY NOTED USE RESTRIATION OR FORSENANT BRADLEY R CASES OPERA UTILITY APPROVALS: METTECOM DATE RUDER DATE ISO N COMM TOO SECTIONS DATE METRONET DATE iii A, 0 o a gA, 0 0 3 aa o SEE a TE 3 OF 3 o o n -31 Doc ID: 032209790037 Type: GEN Kind: SUBDIVISION Recorded: 12/20/2023 at 10:18:33 AM Fee Amt: $187.00 Page 1 of 37 Johnson County Iowa Kim Painter County Recorder BK6534 PG583-619 STATE OF IOWA ) SS JOHNSON COUNTY 0IM rNll ®� � RA CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www. tkgov. o rg I, Kellie K. Grace, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No. 23-318, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 12th day of December 2023, all as the same appears of record in my office. Also attached are the final legal documents for Iowa River Mobile Home Park Subdivision, Iowa City, Iowa. Dated at Iowa City, Iowa, this ! q Pday of 1 Cf ✓'PL -4-0 Y 2023. Le -La AL- Kellie L Grace City Clerk \res subdivision 6,c= Prepared by: Anne Russett, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (SUB23-0001) Resolution No. 23- 318 Resolution Approving Final Plat Iowa River Mobile Home Park a Resubdivision of Paden's Resubdivision of Lots 1 and 4 of Charles Subdivision, Iowa City, Iowa. (SUB23-0001) Whereas, the owner, Iowa City Kolona MHPS, LLC and Auburn Storage, LLC filed with the City Clerk the final plat of Iowa Iowa River Mobile Home Park a Resubdivision of Paden's Resubdivision of Lots 1 and 4 of Charles Subdivision, Iowa City, Iowa, Iowa City, Iowa, Johnson County, Iowa; and Whereas, said subdivision is located on the following -described real estate in Iowa City, Johnson County, Iowa, to wit: BEING A PART OF LOT 2 AND A PART OF LOT 3 IN PADEN'S RESUBDIVISION OF LOTS 1 AND 4 OF CHARLES SUBDIVISION OF THE SOUTHWEST QUARTER (SW %) OF SECTION 22, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., IOWA CITY, JOHNSON COUNTY, IOWA. BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 3, THENCE ALONG THE WEST LINE OF SAID LOT 3 S01 037'46"W, 202.00 FEET TO THE SOUTH LINE OF SAID LOT 3; THENCE ALONG SAID SOUTH LINE 386°30'09"E, 378.68 FEET TO THE WEST LINE OF SAID LOT 3; THENCE ALONG SAID WEST LINE S16°31'28"W, 546.42 FEET TO THE NORTH LINE OF THE ACQUISITION PARCEL SHOWN FOR MCCOLLISTER BOULEVARD EXTENSION IN CONDEMNATION RECORDED IN BOOK 4202, PAGE 714 OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE EASTERLY ALONG SAID NORTH LINE 763.43 FEET ON A 3842.50 FOOT RADIUS CURVE CONCAVE SOUTHERLY (CHORD BEARING S81 °20'47"E, 762.18 FEET) TO THE SW CORNER OF AUDITOR'S PARCEL NO. 98057 AS RECORDED IN BOOK 2576, PAGE 229 OF THE JOHNSON COUNTY RECORDER'S OFFICE, THENCE ALONG SAID WEST LINE N16032'54"E, 716.20 FEET TO THE NORTH LINE OF SAID LOT 3; THENCE ALONG SAID NORTH LINE S79°53'44"E, 101.61 FEET TO THE WEST LINE OF TRACT 14 AS SHOWN ON CONDEMNATION RECORDED IN BOOK 4901, PAGE 567; THENCE ALONG SAID WEST LINE N31°07'47"E, 35.82 FEET; THENCE ALONG SAID WEST LINE N05°51'48"W, 101.91 FEET; THENCE ALONG SAID WEST LINE S70030'51"W, 7.41 FEET; THENCE ALONG SAID WEST LINE N1 9-29'09"W, 20.00 FEET; THENCE ALONG SAID WEST LINE N70°30'51"E, 10.61 FEET; THENCE ALONG SAID WEST LINE N17°27'43"W, 13.90 FEET; THENCE ALONG SAID WEST LINE N22018'37"W, 42.09 FEET; THENCE ALONG SAID WEST LINE N20033'17"W, 38.77 FEET; THENCE ALONG SAID WEST LINE N19059'13"W, 77.51 FEET; THENCE ALONG SAID WEST LINE N14°49'23"W, 86.60 FEET; THENCE ALONG SAID WEST LINE S72052'35"W, 5.79 FEET; THENCE ALONG SAID WEST LINE N17007'25"W, 20.00 FEET; THENCE ALONG SAID WEST LINE N72°52'35"E, 6.98 FEET; THENCE ALONG SAID WEST LINE N12026'1 7"W, 66.90 FEET; THENCE N18°06'53"W, 124.72 FEET; THENCE ALONG SAID WEST LINE N74047'02"E, 9.86 FEET; THENCE ALONG SAID WEST LINE N13056'44"W, 85.33 FEET; THENCE ALONG SAID WEST LINE S77°45'13"W, 10.50 FEET; THENCE ALONG SAID WEST LINE N12°14'47"W, 20.00 FEET; Resolution No. -23= 318 Page 2 THENCE ALONG SAID WEST LINE N77045'1 3"E, 10.42 FEET; THENCE ALONG SAID WEST LINE N10°58'26"W, 93.31 FEET; THENCE ALONG SAID WEST LINE N04032'24"W, 44.75; THENCE 54.59 FEET ALONG SAID WEST LINE ON A 75.00 FOOT RADIUS CURVE CONCAVE WEST (CHORD BEARING N25°23'23"W, 53.39 FEET); THENCE 13.10 FEET ALONG SAID WEST LINE ON A 25.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY (CHORD BEARING N61 °14'58"W, 12.95 FEET); THENCE 33.43 FEET ALONG SAID WEST LINE ON A 245.00 FOOT RADIUS CURVE CONCAVE SOUTH (CHORD BEARING N80°10'05"W, 33.40 FEET); THENCE ALONG SAID WEST LINE N19°22'03"W, 12.90 FEET TO THE NORTH LINE OF SAID LOT 2; THENCE ALONG SAID NORTH LINE S89°19'02"W, 360.33 FEET TO THE EAST LINE OF THE 2 ACRE TRACT SHOWN ON SAID PADEN'S RESUBDIVISION; THENCE ALONG SAID EAST LINE S01 °35'01"W, 134.00 FEET TO THE SOUTH LINE OF SAID 2 ACRE TRACT; THENCE ALONG SAID SOUTH LINE S89018'37"W, 397.89 FEET; THENCE S01°37'46"W, 153.50 FEET; THENCE S89032'46"W, 12.00 FEET; THENCE S00°56'08"W, 79.64 FEET; THENCE S89013'57"W, 241.17 TO THE WEST LINE OF SAID LOT 2; THENCE ALONG SAID WEST LINE S01 '37'46"W, 339.71 FEET TO POINT OF BEGINNING. DESCRIBED AREA CONTAINS 32.23 ACRES AND IS SUBJECT TO EASEMENTS AND OTHER RESTRICTIONS OF RECORD. Whereas, the Neighborhood and Development Services Department and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and Whereas, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and Whereas, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2023) and all other state and local requirements. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the easements as provided by law. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner. Passed and approved this 12th day of December 2023. I l May r podhemplatesMnal_Plat _- Reaolution_5_ doc doe Resolution No. 23—:318 Page 3 ME= City Attor y's Office (Sara Hektoen - 12/05(2023) It was moved by Thomas and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS x Alter Alter Bergus Harmsen Salih Taylor Teague Thomas Item Number: 6.a. CITY OF IOWA CITY COUNCIL ACTION REPORT December 12, 2023 Motion setting a public hearing for January 2, 2024 on a resolution to amend the Comprehensive Plan and Southwest District Plan to allow assisted group living uses for the property located at 1201 W. Benton Street (CPA23-0001) Attachments: CPA23-0001 Staff Report Packet 12-06-2023 STAFF REPORT To: Planning and Zoning Commission Item: CPA23-0001 Parcel(s): 016272001 GENERAL INFORMATION: Owner/Applicant: Contact Person: Requested Action: Purpose: Location: Location Map: Prepared by: Kirk Lehmann, AICP Associate Planner Date: December 6, 2023 Steve Roe Christian Retirement Services, Inc. 1 Oaknoll Court Iowa City, Iowa 52246 319-351-1720 sroe(aDoaknoll.com Brian Boelk Axiom Consultants, LLC 60 E Court St. Unit 03 Iowa City, IA 52240 319-519-6222 bboelk(aDaxiom-con.com To amend the future land use map designations in the Comprehensive Plan from 2-8 Dwelling Units per Acre to 8-16 Dwelling Units per Acre and in the Southwest District Plan from Single-Family/Duplex Residential to Low Density Multi -Family Residential To allow for an expansion of the Oaknoll Retirement Residence campus 1201 W. Benton Street Size: 0.78 acres Existing Land Use and Zoning: Surrounding Land Use and Zoning Comprehensive Plan: Southwest District Plan: File Date: BACKGROUND INFORMATION: OA Household Living, Low Density Single - Family Residential (RS -5) North: Group Living, Medium and High Density Multi -Family Residential with a Planned Development Overlay (OPD/RM-20 and OPD/RM-44) South: Household Living, Low Density Single -Family Residential (RS -5) East: Household Living, Low Density Single -Family Residential (RS -5) West: Household Living, Low Density Single -Family Residential (RS -5) Residential at 2-8 Dwelling Units per Acre Single-Family/Duplex Residential October 24, 2023 Oaknoll Retirement Residence (Christian Retirement Services, Inc.) recently purchased approximately 0.78 acres of property located at 1201 W. Benton Street, just south of Oaknoll's main campus. The owner is working with Axiom Consultants to prepare two applications to permit a campus expansion by allowing a small, assisted group living use that would house up to 12 residents in a single -story building on the subject property. Attachment 3 includes the applicant submittal which illustrates the proposed changes to the plan and includes the applicant statement describing the rationale behind the request. The first application to be considered is a Comprehensive Plan Amendment (CPA23-0001). The Comprehensive Plan future land use map suggests this area is appropriate for residential uses at 2-8 dwelling units per acre. The Southwest District Plan includes the subject property in the Benton Hill neighborhood of the Roosevelt Subarea. The District Plan future land use scenario indicates the property is appropriate for Single-Family/Duplex Residential. The proposed amendment would change the future land use designations for the subject property in the Comprehensive Plan to residential uses at 8-16 dwelling units per acre and in the Comprehensive Plan to Low Density Multi - Family Residential. Updated maps can be found in Attachment 5. The other concurrently submitted application includes a zoning map amendment (REZ23-0008). That application would rezone the subject property from Low Density Single -Family Residential (RS - 5) to Low Density Multi -Family Residential (RM -12). The Comprehensive Plan Amendment must be approved for changes to the zoning map to be consistent with the Comprehensive Plan. A similar but more substantial request was approved in 2012 to allow Oaknoll to expand its primary facility to the west across George Street. In that case, the expansion was a 69 -unit, 5 -story planned development. In addition to a Comprehensive Plan amendment (CPA12-00002) and rezoning (REZ12-00010) to Medium Density Multi -Family Residential with a planned development overlay (OPD/RM-20), that case also required the vacation of Spring Street (VAC12-00004). City Council approved the Comprehensive Plan Amendment on July 31, 2012 (Resolution 12-356). The applicant has used the Good Neighbor Policy and held a Good Neighbor Meeting on September 5, 2023. Several neighbors attended. Attachment 4 provides correspondence and the summary report of the meeting provided by the applicant. 3 ANALYSIS: The Iowa City Comprehensive Plan serves as a land -use planning guide by illustrating and describing the location and configuration of appropriate land uses throughout the City, providing notification to the public regarding intended uses of land; and illustrating the long-range growth area limit for the City. Applicants may request an amendment to the City's Comprehensive Plan with City Council approval after a recommendation by the Planning and Zoning Commission. Applicants for a comprehensive plan amendment must provide evidence that the request meets the two approval criteria specified in Section 14 -8D -3D. The comments of the applicant are found in the attachments. Staff comments on the criteria are as follows. 1.Circumstances have changed and/or additional information or factors have come to light such that the proposed amendment is in the public interest. The Oaknoll campus and the surrounding area including the subject property are located within the Benton Hill neighborhood of Roosevelt Subarea, which is located in the Southwest Planning District. The initial policy direction of the Southwest Plan was adopted in 2002. However, circumstances have changed substantially over the past 20 years, including the size and age of the City's population. In 2000, the Census counted 62,220 residents in Iowa City of which 4,482 residents (7%) were aged 65 years and older. By 2020, the population grew to 74,828, an increase of more than 12,600 or just over 20%. However, the number of individuals aged 65 years and older nearly doubled to 8,646 residents or almost 12% of the population as of 2020. The City is expected to continue growing, and the population is expected to continue aging. As a result, there is a growing need to build additional assisting living and skilled nursing capacity to help baby boomers with the daily activities of life as they continue to age. The proposed amendment would allow the provision of additional skilled nursing facilities by changing the future land use of the subject property from 2-8 dwelling units per acre to 8-16 dwelling units per acre in the Comprehensive Plan and from Single-Family/Duplex Residential to Low -Density Multi -Family Residential in the Southwest District Plan. The Zoning Code, which helps implement City plans, describes the Low -Density Multi -Family Residential (RM -12) zone as providing for the development of high density, single-family housing and low density, multi -family housing. This zone is intended to provide a diverse variety of housing options in neighborhoods throughout the city. It notes that careful attention to site and building design is important to ensure that the various housing types in any one location are compatible with one another. Based on these factors, the proposed amendment appears to be in the public interest to help address these changing circumstances. 2.The proposed amendment will be compatible with other policies or provisions of the comprehensive plan, including any district plans or other amendments thereto. At the time the Southwest Plan was initially adopted in 2002, single-family neighborhoods in the area were located primarily west of Harlocke and George Streets and along Tower Court and Woodside Drive. Apartment buildings were concentrated north of Benton Street between Greenwood Drive and Oaknoll Drive and along Oakcrest Street, in addition to the area directly south of Benton Street. As a result of this delineation, the future land use map shows the subject property as being in an area that is appropriate for Single-Family/Duplex Residential uses. In turn, the Comprehensive Plan future land use map adopted in 2013 reflects the land uses shown in the Southwest District Plan. City policies include locating multifamily housing along arterial street corridors in areas with good access to urban services. However, the Southwest District Plan noted concern that the amount of land zoned high-density multifamily is excessive for this area and an appropriate transition between low density single-family neighborhoods and areas zoned for high density multi -family rd was lacking. Specific concerns included the bulk and scale of large apartment buildings, large parking lots, bright lights, and noise directly adjacent to single-family homes which could constitute nuisances near those neighborhoods. The plan included a goal to stabilize existing single-family neighborhoods in the Roosevelt Subarea in order to provide the opportunity and encourage households of all types to live close to the University and downtown Iowa City. In addition, it encouraged the development of high- quality multi -family housing that is compatible with surrounding development to meet the housing needs of a variety of households including singles, young families, university students, and elderly populations. Recommended actions included the following: • Avoid concentrations of high-density multifamily zoning directly adjacent to low-density single-family zones; facilitate downzoning multifamily property where appropriate. • Apply the Multifamily Residential Design Standards contained in Section 14 -5H -5N of the City Code to the Roosevelt Subarea. • Review and make needed changes to the Multifamily Residential Design Standards to ensure compatibility of new multifamily development with surrounding development. As Iowa City has continued growing, vacant land near the Benton Hill neighborhood has developed, and established facilities such as Oaknoll have needed to redevelop adjacent land to meet the increasing needs of the community. Around 2004, the large multi -family development at Hawk's Ridge was built on vacant ground as a planned development zoned Medium Density Multi - Family Residential (OPD/RM-20). Though it is a higher density use that is adjacent low density single-family neighborhoods to the west, it was found to be compatible due to its careful site design. Similarly, when Oaknoll expanded its facility to the west across George Street c. 2012, it required a Comprehensive Plan amendment to allow a rezoning to Medium Density Multi -Family Residential (OPD/RM-20). Despite the proposed expansion being 5 -stories, the comprehensive plan amendment and rezoning were approved because the building was designed to create an appropriate transition from existing single-family neighborhoods to the west and north and the Oaknoll campus to the east. The comprehensive plan amendment currently under consideration is substantially less intense than that approved for the expansion of Oaknoll in 2012. The change would facilitate rezoning to a Low Density Multi -Family (RM -12) designation which can be compatible near single-family neighborhoods. In addition, the one-story building shown in the submitted concept would provide an appropriate transition between multi -story, higher density residential uses to the north and lower density residential uses to the south. It also would provide a high quality of design that complements nearby buildings as required by zoning code regulations updated in 2005 that enhanced the multi -family site development standards corresponding to standards previously codified at 14 -5H -5N. Altogether, the proposed amendment is consistent with the policies of the Southwest District Plan. Furthermore, the proposed amendment meets several goals and strategies regarding land use and housing from the Comprehensive Plan. This includes the following: • Ensure that infill development is compatible and complementary to the surrounding neighborhood. • Identify and support infill development and redevelopment opportunities in areas where services and infrastructure are already in place. • Promote housing design and features that allow people to age in place, such as universal design. For the reasons above, staff finds the requested comprehensive plan amendment to be compatible with the policies of the Comprehensive Plan so long as an appropriate transition is provided. Implementing this proposed amendment requires amending the zoning map (to be considered under REZ23-0008). Any rezoning of the property should include conditions to help ensure the goals of the Comprehensive Plan relating to an appropriate transition are met. A high quality of design is already required as part of the City's multi -family site development standards which were updated after adoption of the Southwest District Plan. STAFF RECOMMENDATION: Staff recommends approval of CPA23-0001, a proposed amendment to change the future land use designations of approximately 0.78 acres of property located at 1201 W. Benton Street from 2-8 dwelling units per acre to 8-16 dwelling units per acre in the Comprehensive Plan and from Single-Family/Duplex Residential to Low Density Multi -Family Residential in the Southwest District Plan. NEXT STEPS: After a recommendation from the Planning and Zoning Commission, the following will occur: • City Council will need to set a public hearing for both the comprehensive plan amendment and rezoning. • City Council will consider approval of the comprehensive plan amendment (CPA23-0001) and must hold three readings including the public hearing for the rezoning (REZ23-0008). ATTACHMENTS: Location Map Zoning Map Applicant Submittal Correspondence and Good Neighbor Meeting Materials Proposed Changes to the Comprehensive Plan and the Roosevelt Subarea of the Southwest District Plan Approved by: . S+x.----- Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services ATTACHMENT 1 Location Map ATTACHMENT 2 Zoning Map Two applications submitted by Axiom Consultants on behalf of Christian Retirement Services, Inc. for 0.78 acres of property located at 1201 W Benton St. First, to change the future land use map designations in the Comprehensive Plan from 2-8 Dwelling Units per Acre to 8-16 Dwelling Units per Acre and from Single- Family/Duplex Residential to Low Density Multi -Family Residential in the Southwest District Plan. Second, to rezone from the current RS -S zone to an RM -12 zone to allow an assisted living use serving 12 residents. N1 �� .. ,JI i CITY OF IOWA CITY y _JRSS . a...4+.: 4<n I � SHarloc�eSt -ilk , i Ir ll a df i� al ...�.� a ATTACHMENT 3 Applicant Submittal � w O W u � J n p W z t7 Y Q O O W LL - RENTON STREET �r E LET W t TT; ECT No W MAP 230101 / �.'(?LTANTS 10-24-2023 10-2 F YiLOCATION N :nEoT NUMBER CURRENT EV W W WAxi0m-CON COM (319( 519-6220 _W O 2F 2 Oct 24, 2023 - pm - - a no enton uj W �1 qC wRfv COURT LET SHEET HT E EEp0 ECT No MAP 230101 / �.'(?LTANTS 10-24-2023 10-2 YiLOCATION o,ER NAME. :nEoT NUMBER CURRENT EV W W WAxi0m-CON COM (319( 519-6220 1201 WEST BENTON STREET O 2F 2 Oct 24, 2023 - pm - - a no enton esign ivi- urvey ats COMPREHENSIVE PLAN AMENDMENT EXHIBIT o so 100 Lu O Lu U � J cn p Lu z 0 Y cr Q 0 O ENTON STREET Lu _ w ms � �..� H - (OH) N ui - w m w w jLTq� wRN cO v / — URT � CURRENT COMP PLAN: SOUTHWEST DISTRICT PLAN SUBDISTRICT: ROOSEVELT SUBAREA REQUESTED AMENDMENT: SINGLE FAMILY RESIDENTIAL TO MULTI FAMILY RESIDENTIAL DES ECT NO AI V ,ER NAME 10-2 EEp0 DETAILED" COMPREHENSIVE PLAN AMENDMENT PRO CURRENT 10-24-202 CQNSULL4NTS 1201 WEST BENTON STREET EV WwW.AXIOMLORCOM (319�SS9fi220 c - pm - UVIN - UaKnoll EEZUEE w [3enton\Ubesign ivi - urvey a s - Lomp Plan Amendment ExhibiI AXIOMCONSULTANTS CIVIL - STRUCTURAL - MECHANICAL - ELECTRICAL - SURVEY - SPECIALTY October 24, 2023 COMPREHENSIVE PLAN AMENDMENT APPLICANT'S STATEMENT On behalf of Oaknoll of Iowa City (Christian Retirement Services, Inc.), we are submitting a request for a Comprehensive Plan Amendment in conjunction with the recently submitted Rezoning application (REZ23-0008). This area includes 1201 W Benton Street in Iowa City, defined as Parcel No. 016272001. Since the current Comprehensive Plan was adopted, circumstances have changed and/or factors have come to light that the proposed amendment will be compatible with other policies and/or provisions of the Comprehensive Plan, including any District and Subdistrict Plans or other amendments thereto. Oaknoll requests that Iowa City's Southwest Planning District Comprehensive Plan be amended within the Roosevelt Subarea so that the parcel at 1201 W Benton Street be able to be considered multi -family for the purpose of providing much needed housing and specific use with Oaknoll. This request includes supporting a change of the current RS -5 rezoning at 1201 W Benton Street to the proposed zoning of RM -12. In similar fashion, previous amendments were made to Oaknoll's property at the northwest corner of W Benton Street and George Street, allowing for multi -family residential, which was built and currently exists. This revision to the Roosevelt Subarea would redefine an existing RS -5 zoned area with existing single family residential home to the proposed RM -12 zoned area to allow for a new "small -house" nursing home model that would serve a much needed twelve residents with assisted living within a single residential structure. Modifying the Southeast Comprehensive Plan is appropriate for this site due to the size, aesthetics, and use of the proposed project in which it finds itself in. Situated on a large parcel (0.776 acres), the proposed structure was specifically designed with the intent to represent nothing more than a large single family residential home, which we feel it certainly does. The proposed building location has been well thought-out in terms of preservation of existing trees and screening from existing adjacent residential homes. It also finds itself situated within the existing topography, with a height within that of the surrounding homes found there today. Being proactive, and a well-respected member of the community, Oaknoll has recently met with the adjacent neighbors and those that would be directly impacted by the proposed change. The results were very positive and well received. Within the application submittal, you will find letters of support from adjacent property owners and neighbors within this specific location. Knowing that the Oaknoll Campus is directly across Benton Street, and understanding the desires and needs to provide services such as this to the Iowa City Community, we feel this this Comprehensive Plan Amendment would allow fora more cohesive development while still being sensitive to the neighborhood scale to the adjacent properties. Sincerely, 4�c�� Brian A. Boelk, PE PRINCIPAL/OWNER 300 S Clinton St #200, Iowa City, IA 52240 1 319.519.6220 w .axiom con.com 2330 12^ Street SW, Cedar Rapids, IA 52404 1 319.519.6220 G September 19, 2023 To: City of Iowa City Re: Zoning variance request for 1201 W. Benton St. ei From: Steve Roe, Chief Executive Officer oil Oaknoll is requesting to use our recently acquired property at 1201 W. Benton St. for a "small -house" nursing model that would serve twelve residents. The small -house model creates an ideal setting to provide care for frail, older adults. Each resident has their own private room, including a bathroom and . shower, around the perimeter of the building. Residents can be involved in meal preparation, which happens in an open kitchen. The house has a communal dining and living area for activities and visiting. The design of the house is modern. It ties in with the architecture of our most recent addition across Benton St. It also fits nicely on the property and will not disturb the neighbors. The trees around the property line will not be disturbed. We hosted a meeting of the property owners around our property on September 51h to explain what we hoped to build. We showed the neighbors what the home will look like when completed. The neighbors immediately east, west, and south signed a "letter of support" for the proposed new home in which we will provide nursing care. Those letters are included with this submission. The last expansion of Oaknoll's licensed nursing beds occurred in 2016, the year after our Spring Building addition was complete. The number of licensed beds increased by 10, from 48 to 58. To meet resident expectations, the number of private nursing rooms has increased from zero to 52 over the past 19 years. 52 of our 58 licensed beds are private rooms. Since 2018, Oaknoll has acquired 14 condominiums at One University Place, and we open the 60 - apartment Oaknoll East campus in 2020. With these two locations, our number of Independent Living households has grown by 74. Over time, approximately 50% of the individuals served in these locations will require nursing care. Over the next five years, our goal is to increase the number of licensed nursing beds from 58 to approximately 90 to meet the anticipated needs of our larger Independent Living population. The proposed project at 1201 W. Benton St. would get us to a total of 70 licensed nursing beds, which we anticipate will get us through until the redevelopment of our main campus can occur. Oaknoll is an asset to the Iowa City community. We hope that the city will support a creative and responsible use of the property at 1201 W. Benton St. Oaknoll Retirement Residence • 1 Oaknoll Court • Iowa City, Iowa 52246-5250 PHONE 319-351-1720 • FAx 319-351-6772 • www.oaknoll.com W Benton St ropy 1415 17L9 � E tzot o@ aos _ / 8201 TM1 nC1 8 824 24 sq Wa,, I811 c 015 ® 1\ BOP . 12 Residential Units Gross SF: 8,720 SF Circulation: 2,185 SF (25%) Lot Coverage: 26 t W eanwn at 1121 1173 I� E eoa ; 1201 W Benton - Site Plan PG1 09052023 m 6aknoll `IomrRouP M©© LRC, TECTS Res. Res. Screen Perch ;HC Porch Den Vest. Entry Bol Dining Off' Pt Res Gauge Kit S EI. D. Trash y Res. Int Seat Res. Living roan M s1 — Room Sltl. r Res. St =— Spa 5 Spaces RR. Palin 1 Res. Res. =n Res. Res. ropy 1415 17L9 � E tzot o@ aos _ / 8201 TM1 nC1 8 824 24 sq Wa,, I811 c 015 ® 1\ BOP . 12 Residential Units Gross SF: 8,720 SF Circulation: 2,185 SF (25%) Lot Coverage: 26 t W eanwn at 1121 1173 I� E eoa ; 1201 W Benton - Site Plan PG1 09052023 m 6aknoll `IomrRouP M©© LRC, TECTS .- � _ 4r �, �y y. ,Jr � b dw « n ."<. i� �� y -� �� �'-:.._ 1-y".—I- �.�" -. .mow �� �,_�___.. ... �___^�;. F`3l ,. ai. r I — e3 a Py s, � t� ��dfi�3 !r r rte. � h �. }{}¢" ` a,�`i2y ia�y�s's ee �a .Y x. � ,'� a a s �, "�' '�r+ erv"k, !, .f � yix As'` '. _ _c -mom _... r ..o�y��..p - _ � ,� 1201 W Benton - Proposed North Elevation PG4 09/05/2023 m6aknoll `locirRouP M©© LRC HIT EC TS ATTACHMENT 4 Correspondence and Good Neighbor Meeting Materials September 5, 2023 To: City of Iowa City Re: 1201 W. Benton St. property We, the property owners near Oaknoll, consider Oaknoll to be a "good neighbor". We support Oaknoll's request to the city for a zoning variance from RS5 to RM -12 for their property at 1201 W. Benton St. We understand that if the rezoning request is approved, Oaknoll will pursue adding additional licensed nursing spaces to care for their most dependent residents. The new building will be a good addition to our neighborhood. Randy A. Ihrig, 1,1,223 W. Benton St. Katerina Beyerink, 1129 W. Benton St. Margaret & Raymond Welsh, 1209 W. Benton St. Mousa Abuissa, 1215 W. Benton St. Melvin Donaldson & Courtney Hitchon, 816 Talwrn Ct. Wilford D. & Elaine E. Yoder, 820 Talwrn Ct. Kathryn L. & George Sadewasser, 824 Talwrn Ct. Suellen N. Pennell, 802 Wylde Green Rd. John S. & Connie Nelson, 2245 Macbride Dr. (owner of 809 Weeber St.) September 5, 2023 To: City of Iowa City Re: 1201 W. Benton St. property We, the property owners near Oaknoll, consider Oaknoll to be a "good neighbor". We support Oaknoll's request to the city for a zoning variance from RS5 to RM -12 for their property at 1201 W. Benton St. We understand that if the rezoning request is approved, Oaknoll will pursue adding additional licensed nursing spaces to care for their most dependent residents. The new building will be a good addition to our neighborhood. Randy A. Ihrig, 1123 W. Benton St. Katerina Beyerink, 1129 W. Benton St. Margaret & Raymond Welsh, 1209 W. Benton St. Mousa A uissa, 1215 W. Benton St. Melvin Donaldson & Courtney Hitchon, 816 Talwrn Ct. Wilford D. & Elaine E. Yoder, 820 Talwrn Ct. Kathryn L. & George Sadewasser, 824 Talwrn Ct. Suellen N. Pennell, 802 Wylde Green Rd. John S. & Connie Nelson, 2245 Macbride Dr. (owner of 809 Weeber St.) September 5, 2023 To: City of Iowa City Re: 1201 W. Benton St. property We, the property owners near Oaknoll, consider Oaknoll to be a "good neighbor". We support Oaknoll's request to the city for a zoning variance from RS5 to RM -12 for their property at 1201 W. Benton St. We understand that if the rezoning request is approved, Oaknoll will pursue adding additional licensed nursing spaces to care for their most dependent residents. The new building will be a good addition tc our neighborhood. Randy A. Ihrig, 1123 W. Benton St. Katerina Beyerink, 1129 W. Benton St. Margaret & Raymond Welsh, 1209 W. Benton St. Mousa Abuissa, 1215 W. Benton St. Melvin Donaldson & Courtney Hitchon, 816 Talwrn Ct. Wilford D. & Elaine E. Yoder, 820 Talwrn Ct. Kathryn L. & George Sadewasser, 824 Talwrn Ct. Suellen N. Pennell, 802 Wylde Green Rd. John S. & Connie Nelson, 2245 Macbride Dr. (owner of 809 Weeber St.) An active Lij October 30, 2023 To: Madison Conley, Associate Planner — City of Iowa City Re: Good Neighbor meeting for proposed 1201 W. Benton St. project From: Steve Roe, Chief Executive Officer oil Oaknoll hosted an informational meeting for property owners near 1201 W. Benton the afternoon of September 5, 2023. On the north side of Benton St., the Oaknoll campus extends from Oaknoll Drive to Wylde Green Rd. Each property owner on the south side of Benton St. between Weeber St. and Wylde Green Rd. was invited, along with the neighbors who share the property line on the south side of the property. A total of nine property owners were invited. The list of property owners and addresses follows: 1. Randy A. Ihrig 1123 W. Benton St. 2. Katerina Beyerink 1129 W. Benton St. 3. Margaret & Raymond Welsh 1209 W. Benton St. 4. Mousa Abuissa 1215 W. Benton St. 5. Melvin Donaldson & Courtney Hitchon 816 Talwrn Ct. 6. Wilford & Elaine Yoder 820 Talwrn Ct. 7. Kathryn & George Sadewasser 824 Talwrn Ct. 8. Suellen Pennel 802 Wylde Green Rd. 9. John & Connie Nelson 809 Weeber St. could not attend, but met privately Sept. 11 attended and signed letter of support attended and signed letter of support did not attend did not attend attended and signed letter of support attended attended via proxy attended During the meeting, I shared information about Oaknoll's plans for this property, beginning with a description of the "small house' model of nursing care and why we were working to add additional nursing spaces. I shared a map of the area and the architectural renderings of what the proposed building will look like. We closed the meeting with a question -and -answer session. One of the questions was related to parking and another was related to traffic. The residents who will be cared for in this building do not drive, so they will not have vehicles on the property. There will be two to three staff members working with the residents throughout the day, and intermittent visitors to the twelve residents living in this new building. Benton St. is already a very busy street. This building will not add any significant new traffic. If there is any additional information that would be helpful in considering this application, please let me know. Oaknoll Retirement Residence • I Oaknoll Court • Iowa City, Iowa 52246-5250 PHONE 319-351-1720 • FAx 319-351-6772 • www.oaknoll.com ATTACHMENT 5 Proposed Changes to the Comprehensive Plan and the Roosevelt Subarea of the Southwest District Plan l � 9 / _ J t i`./ nom\.'_ _�I � ■� - 9 II � + — �" I � it � • _ r _ FCa _ a R F s I +l' mm o 1J i - I , I L------ - - - - - - i -Ir _ Rural Residential + I I — + Conservation Design 2.8 DU/A Imtemslve Commercial - - - 8-16 DU/A Office Commercial _ 16-24 DU/A General Commercial M 2e+uwA 0 Office Research Devd.Center Future Land Use, Iowa City ® Mired Use General ndustrial Based on Planning Districts - Neighborhood Center Pnblo/Semi-Public Gcncral Commercial Public/Private Open Space - - City Limits Highnay Commercial Water Feature — — City Growth Area (Resolution 21-285) I 1 OEIG SOUTHWEST PLANNING DISTRICT Roosevelt Subarea B KIRI �❑ Q CC NoaOC 0 waslewATR 7EAI ENT PuNr > t Single-Family/Duplex Residential Publk/Privale Open Space l,mv Density Multi-Familu Residential Publie Services/Institutional - hledinm to High Deusilg Moltl-Family General Commercial Mixed Use Existing Trail/Rode Proposed Trail Item Number: 6.b. CITY OF IOWA CITY COUNCIL ACTION REPORT December 12, 2023 Motion setting a public hearing for January 2, 2024 on an ordinance conditionally rezoning approximately 0.78 acres of land from Low Density Single -Family Residential (RS -5) to Low Density Multi -Family Residential (RM -12). (REZ23- 0008) Attachments: Staff Report w Attachments STAFF REPORT To: Planning and Zoning Commission Item: REZ23-0008 Parcel(s): 016272001 GENERAL INFORMATION: Owner/Applicant: Contact Person: Requested Action: Purpose: Location: Location Map: Size: Existing Land Use and Zoning: Prepared by: Madison Conley Associate Planner Date: December 6, 2023 Steve Roe Christian Retirement Services, Inc. 1 Oaknoll Court Iowa City, Iowa 52246 319-351-1720 sroe(aDoaknoll.com Brian Boelk Axiom Consultants, LLC 60 E Court St. Unit 03 Iowa City, IA 52240 319-519-6222 bboelk(aDaxiom-con.com To rezone 0.78 acres of land from Low Density Single -Family Residential (RS -5) zone to Low Density Multi -Family Residential (RM -12) zone. To establish an assisted group living facility that would allow the expansion of Oaknoll Retirement Residence campus. 1201 W. Benton Street 0.78 acres Household Living, Low Density Single - Family Residential (RS -5) Surrounding Land Use and Zoning Comprehensive Plan: Southwest District Plan: File Date: BACKGROUND INFORMATION: North: Group Living, Medium and High Density Multi -Family Residential with a Planned Development Overlay (OPD/RM-20 and OPD/RM-44) South: Household Living, Low Density Single -Family Residential (RS -5) East: Household Living, Low Density Single -Family Residential (RS -5) West: Household Living, Low Density Single -Family Residential (RS -5) Residential at 2-8 Dwelling Units per Acre Single-Family/Duplex Residential October 24. 2023 Oaknoll Retirement Residence (Christian Retirement Services, Inc.) recently purchased approximately 0.78 acres of property located at 1201 W. Benton Street, just south of Oaknoll's main campus. The owner is working with Axiom Consultants to prepare two applications to permit a campus expansion by allowing a small, assisted group living use that would house up to 12 residents in a single -story building on the subject property. The owner plans to accomplish this through a Comprehensive Plan Amendment (CPA23-0001) and a zoning map amendment (REZ23- 0008). Attachment 3 includes the applicant submittal materials such as the Applicants Description of Needs Memo, Rezoning Exhibit, and the Applicant Statement which describes the rationale behind the request. Attachment 4 includes the proposed development concept for the property. The concept shows a one-story 8,720 square foot building that would house 12 residents. The current Comprehensive Plan shows this area with a future land use designation of 2-8 Dwelling Units per Acre. The current Southwest District Plan shows this area with future land use designation of Single -Family & Duplex Residential. If approved, the Comprehensive Plan Amendment would change the Southwest District Plan's future land use designation to Multi -family Residential and the Comprehensive Plan designation to 8-16 Dwelling Units per Acre. If accepted, the proposed rezoning of the property from RS -5 to RM -12 would be consistent with the land use policy direction. The applicant has used the Good Neighbor Policy and held a Good Neighbor Meeting on September 5, 2023. Nine neighbors attended. Attachment 5 provides the summary report of the meeting provided by the applicant. ANALYSIS: Current Zoning: The property is currently zoned RS -5. The RS -5 zone is intended to provide housing opportunities for individual households. The uses allowed in the RS -5 zone include the following: detached single-family, detached zero lot line, attached single-family, duplexes, group households, daycare, general educational facility, parks/open space, religious/private group assembly, and communication transmission facility. The RS -5 zone does not allow assisted group living or multi -family uses. Proposed Zoning: The applicant is requesting that the property to be rezoned to RM -12. The purpose of the RM -12 zone is to provide for the development of high density, single-family housing and low density, multi -family housing. This zone is intended to provide a diverse variety of housing 3 options in neighborhoods throughout the city. Careful attention to site and building design, specifically height limitations and the allowed density, are important to ensure that the various housing types in any one location are compatible with one another. Table 1 outlines the uses that are allowed in the RM -12 zone, which include multi -family, assisted group living, community service, general educational facilities, etc. A multi -family use on the property would allow a maximum of 12 units. An assisted group living facility would be allowed on the property as a provisional use. The assisted group living facility would be allowed 45 roomers maximum due to the size of the property and density allowed by the provisional use section in the code. Additionally, the group living use must have a bath and toilet facilities available for use by roomers and be able to provide access to a communal kitchen, dining room, and other common facilities and services. Table 1 – Uses Allowed in RM -12 Zone Use Categories: Detached single-family dwellings P Detached zero lot line dwellings PR Attached single-family dwellings PR Duplexes PR Group households PR Multi -family dwellings P Assisted group living (e.g., nursing group care facilities homes, PR Community service—general (e.g., museums, youth club facilities libraries, S Community service—shelter S Daycare PR Educational facilities—general public/private schools (e.g., PR Parks and open sace PR Religious/private group assembly PR Communication transmission facility PR P = Permitted PR = Provisional S = Special exception Rezoning Review Criteria: Staff uses the following two criteria in the review of rezonings: 1. Consistency with the comprehensive plan; 2. Compatibility with the existing neighborhood character. Compliance with Comprehensive Plan: The future land use map of the current IC2030 Comprehensive Plan identifies this area as appropriate for Residential at 2-8 Dwelling Units per Acre. The current Southwest District Plan future land use map identifies this property as appropriate for Single-Family/Duplex Residential. Concurrent with this rezoning, the owner has requested an amendment to the land use policy direction to show this area as appropriate for 8- 16 Units per Acre / Low Density Multi -Family. Assuming that the amendment is adopted, this application would be consistent with the comprehensive plan. The Southwest District Plan also includes policies that multi -family housing should be located along arterial street corridors in areas with good access to city services. However, the Southwest District Plan notes concern that the amount of land zoned high-density multi -family is excessive rd for this area and an appropriate transition between low-density single-family neighborhoods and areas zoned high-density multi -family was lacking. Specific concerns noted are that the bulk and scale of large apartment buildings, large parking lots, bright lights, and noise directly adjacent to single-family homes could constitute nuisances. Benton Street is an arterial street corridor that does have access to city services. Regarding the bulk and scale of higher intensity level use, staff is recommending a condition that any development to be consistent with the general scale and footprint of the concept (Attachment 4) to ensure compatibility with the existing neighborhood development pattern. Additionally, this condition will serve as a way for staff to address other policies noted in the plan. The plan includes a goal to stabilize existing single-family neighborhoods in the Roosevelt Subarea in order to provide the opportunity and encourage households of all types to live close to the University and downtown Iowa City. In addition, it encourages the development of high- quality multi -family housing that is compatible with surrounding development to meet the housing needs of a variety of households including singles, young families, university students and elderly populations. Recommended actions include the following: Avoid concentrations of high-density multi -family zoning directly adjacent to low-density single-family zones; facilitate downzoning multi -family property where appropriate. Apply the Multi -family Residential Design Standards contained in Section 14 -5H -5N of the City Code to the Roosevelt Subarea. Review and make needed changes to the Multi -family Residential Design Standards to ensure compatibility of new multi -family development with surrounding development. The Southwest District Plan was adopted in 2002. Subsequently the city adopted multi -family site development standards in 2005. Any multi -family use would be subject to the multi -family site development standards in the zoning code. The Comprehensive Plan also includes several strategies regarding land use and housing, including the following: Ensure that infill development is compatible and complementary to the surrounding neighborhood. Identify and support infill development and redevelopment opportunities in areas where services and infrastructure are already in place. Promote housing design and features that allow people to age in place, such as universal design. Compatibility with Existing Neighborhood Character: The subject property is bordered by single-family residential housing to the east, west, and south, with Oaknoll's Main Campus located north across W. Benton Street. Although this property is in a mid -block location surrounding by single-family residential on three sides, staff considers this proposal an extension of Oaknoll's Main Campus to the north. Staff will utilize the recommended condition to ensure that the rezoning is compatible with the existing neighborhood character. Specifically, by ensuring consistency with the footprint and scale of the concept any new development will be compatible with the existing character, which is predominately smaller, house scale buildings on the south side of W. Benton Street. With the adoption of the proposed comprehensive plan amendment and the recommended condition, staff finds the proposed rezoning request is consistent with the Comprehensive Plan and compatible with the existing neighborhood character. Correspondence: Staff has received public correspondence (Attachment 6) from neighboring residents voicing their support for the proposed rezoning. NEXT STEPS: After a recommendation from the Planning and Zoning Commission this application will be considered by the City Council. • City Council will need to set a public hearing for both the comprehensive plan amendment and rezoning. • City Council will consider approval of the comprehensive plan amendment (CPA23-0001) and must hold three readings including the public hearing for the rezoning (REZ23-0008). STAFF RECOMMENDATION: Staff recommends approval of REZ23-0008, a proposed rezoning to change 0.78 acres of the property located at 1201 W. Benton Street from RS -5 to RM -12 zone subject to the following condition: • General compliance with the footprint and scale of the concept plan (Attachment 4) to ensure compatibility with the existing neighborhood development pattern. ATTACHMENTS: 1. Location Map 2. Zoning Map 3. Applicant Submittal Materials 4. Development Concept 5. Good Neighbor Meeting Summary 6. Public Correspondence Approved by: Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services ATTACHMENT 1 Location Map CITY OF IOWA CITY JR 7j _ W Benton St MW M (7=m v 411 d �� 1- 14 7 F A Rezoning request submitted by Axiom b__RV Consultants on behalf of Christian Retirement Services, Inc. to rezone from�\� the current RS -5 zone to an RM -12 zone �P ,� f � t to accommodate a "small -house' r „ nursing model that would serve twelve y„ residents needing assistance. z '� r �.. ! *Hadocke St r ATTACHMENT 2 Zoning Map N WF S 1201 W Benton St. 0 0.01 0.01 0.03 Miles Prepared By: Mehnie Comer Date Prepared: October 2023 8 IF c� U 0 W Benton St 4D' rvS m v A Rezoning request submitted by Axiom �y w t�"` Retirement Services, Inc. to rezone from > . � �� < , � M, , � .^_ the current ftS-5 zone to an RM -12 zone 4� ty to accommodate a "small -house" t nursin model that would serve twelve �6 g it residents needing assistance. fJ't .��a`� fxMi�"Harocke St x.21 m` ATTACHMENT 3 Applicant Submittal Materials G September 19, 2023 To: City of Iowa City Re: Zoning variance request for 1201 W. Benton St. ei From: Steve Roe, Chief Executive Officer oil Oaknoll is requesting to use our recently acquired property at 1201 W. Benton St. for a "small -house" nursing model that would serve twelve residents. The small -house model creates an ideal setting to provide care for frail, older adults. Each resident has their own private room, including a bathroom and . shower, around the perimeter of the building. Residents can be involved in meal preparation, which happens in an open kitchen. The house has a communal dining and living area for activities and visiting. The design of the house is modern. It ties in with the architecture of our most recent addition across Benton St. It also fits nicely on the property and will not disturb the neighbors. The trees around the property line will not be disturbed. We hosted a meeting of the property owners around our property on September 51h to explain what we hoped to build. We showed the neighbors what the home will look like when completed. The neighbors immediately east, west, and south signed a "letter of support" for the proposed new home in which we will provide nursing care. Those letters are included with this submission. The last expansion of Oaknoll's licensed nursing beds occurred in 2016, the year after our Spring Building addition was complete. The number of licensed beds increased by 10, from 48 to 58. To meet resident expectations, the number of private nursing rooms has increased from zero to 52 over the past 19 years. 52 of our 58 licensed beds are private rooms. Since 2018, Oaknoll has acquired 14 condominiums at One University Place, and we open the 60 - apartment Oaknoll East campus in 2020. With these two locations, our number of Independent Living households has grown by 74. Over time, approximately 50% of the individuals served in these locations will require nursing care. Over the next five years, our goal is to increase the number of licensed nursing beds from 58 to approximately 90 to meet the anticipated needs of our larger Independent Living population. The proposed project at 1201 W. Benton St. would get us to a total of 70 licensed nursing beds, which we anticipate will get us through until the redevelopment of our main campus can occur. Oaknoll is an asset to the Iowa City community. We hope that the city will support a creative and responsible use of the property at 1201 W. Benton St. Oaknoll Retirement Residence • 1 Oaknoll Court • Iowa City, Iowa 52246-5250 PHONE 319-351-1720 • FAx 319-351-6772 • www.oaknoll.com REZONING EXHIBIT 1201 WEST BENTON STREET IOWA CITY, JOHNSON COUNTY, IOWA PROJECT VICINITY MAP APPLICANT INFORMATION: APPLICANi/OWNEB: PREPARED BY: CHRISTIAN RETIREMENT SERVICES,, INC AXIOMCONSULTANTS, LLC C/O STEVE ROE C/O BR I AN BOELK 1 OAKN0LL COURT 60 E COURT STREET, UNITE IOWAC IA522465250 10 WA CITY, 10 WA52240 319-0665006 319519-6220 BBOELH@.IIOMCON. COM LEGAL DESCRIPTION: LOUR 1 AND 2, BRYN MAW R HEIGHTS, PART 1, ACCORDING TO THEPWT THEREOF RECORDED IN BOOK 6, PAGE 12, PWT RECORDS OF JOHNSON GOT NUA IOWA ZONING INFORMATION: CURRENT20NING SINGLE- FAMILY RERDENTIAL IRS 5) PROPOSED ZONING'. MULTIFAMILYRESIDENTIAL (RM -12) BENTON STREET u N a JLI— w N z AS 0 m oU i z y 3 a o O ~ AXIOMCONSULTANTS CIVIL - STRUCTURAL - MECHANICAL - ELECTRICAL - SURVEY - SPECIALTY September 22, 2023 The proposed rezoning consists of a single parcel located on the South side of W. Benton between Weeber St and Wylde Green Rd in Iowa City. Refer to the Rezoning Exhibit included with the Rezoning Application for additional information and detail. The current zoning classification is RS -5 and the Applicant is seeking to rezone property to RM -12. The applicant is proposing to demo the existing single family home and construct a new "small -house" nursing model that would serve a much needed twelve residents with assisted living. This would be considered complimentary to the current Oaknoll Main Campus directly across the street. The intent with the design of this structure is that it visually appears as if another single-family residential home, while site -wise is situated within the existing trees and vegetation so screening remains and minimal removals are needed. There is city water, storm sewer, and sanitary sewer already provided to this site. Existing easements are in place within the parcel as previously platted and identified. Storm water management is already incorporated into the development for this impervious area. Discussion has taken place with City staff and pre -application process has been completed. A Good Neighbor Meeting was organized and held by Oaknoll staff with the adjacent and surrounding single family residences in which there was a very positive response. With that, included as an attachment to this rezoning application are support letters from neighbors directly adjacent to the parcel proposed to be rezoned. Additional Good Neighbor Meetings can be held if so required or requested. The total area of amended rezoning is 0.776 acres. Sincerely, Brian A. Boelk, PE PRINCIPAL/OWNER 300 S Clinton St #200, Iowa City, IA 52240 1 319.519.6220 w .axiom con.com 2330 12^ Street SW, Cedar Rapids, IA 52404 1 319.519.6220 ATTACHMENT 4 Development Concept B W Benton Sc 1 ]Y[ R l i Res. Res, Porch !HC / 6 Po.rchmh Den71 — i i Vest Entry - (--- e)1 1215 IR - Do, DR 1Piry Garage rc Res K t EI. D. TrasM1 a tit Int Seat. J - ,.P"m. p '( a Res. Living Clea.= nM. I i Room •p _ ii Ree 91t —, Spe � eoe RR. 5 Spades W mB i Pati) TM1rmIX Res. Res. Lt. Res. ______L — —__-_..-___-__ a Y B11 Is (A — bU' . �1B I. Lltl 1201 W Benton - Site Plan 12 Residential Units Gross SF: 8,720 SF Circulation: 2,185 SF (25%) Lot Coverage: 26 C W 9enbn st PG. 1 09(05%2023 WL/knoll d OCI GROLIP M©© A R C H I T E C T S 'Y � _ � _ _ :L d dw � � � r -'�- t� I'` M'@p°�-#Y S 1 � � . { + �i° a �,_ a i�'R' t: � e 'y ��^... ;-$!, 5 � in c s• i .yn a � � ��f �+: _. -- -- -- -- _ �.�_'- ..aye— ___ — -- _ - -------- - -_-- � '2 r�i- �i__.r 1201 W Benton - Proposed North Elevation PO 4 09/05/2023 Wahwg d DCI GROUP Mx©© ATTACHMENT 5 Good Neighbor Meeting Summary An active Lij October 30, 2023 To: Madison Conley, Associate Planner — City of Iowa City Re: Good Neighbor meeting for proposed 1201 W. Benton St. project From: Steve Roe, Chief Executive Officer oil Oaknoll hosted an informational meeting for property owners near 1201 W. Benton the afternoon of September 5, 2023. On the north side of Benton St., the Oaknoll campus extends from Oaknoll Drive to Wylde Green Rd. Each property owner on the south side of Benton St. between Weeber St. and Wylde Green Rd. was invited, along with the neighbors who share the property line on the south side of the property. A total of nine property owners were invited. The list of property owners and addresses follows: 1. Randy A. Ihrig 1123 W. Benton St. 2. Katerina Beyerink 1129 W. Benton St. 3. Margaret & Raymond Welsh 1209 W. Benton St. 4. Mousa Abuissa 1215 W. Benton St. 5. Melvin Donaldson & Courtney Hitchon 816 Talwrn Ct. 6. Wilford & Elaine Yoder 820 Talwrn Ct. 7. Kathryn & George Sadewasser 824 Talwrn Ct. 8. Suellen Pennel 802 Wylde Green Rd. 9. John & Connie Nelson 809 Weeber St. could not attend, but met privately Sept. 11 attended and signed letter of support attended and signed letter of support did not attend did not attend attended and signed letter of support attended attended via proxy attended During the meeting, I shared information about Oaknoll's plans for this property, beginning with a description of the "small house' model of nursing care and why we were working to add additional nursing spaces. I shared a map of the area and the architectural renderings of what the proposed building will look like. We closed the meeting with a question -and -answer session. One of the questions was related to parking and another was related to traffic. The residents who will be cared for in this building do not drive, so they will not have vehicles on the property. There will be two to three staff members working with the residents throughout the day, and intermittent visitors to the twelve residents living in this new building. Benton St. is already a very busy street. This building will not add any significant new traffic. If there is any additional information that would be helpful in considering this application, please let me know. Oaknoll Retirement Residence • I Oaknoll Court • Iowa City, Iowa 52246-5250 PHONE 319-351-1720 • FAx 319-351-6772 • www.oaknoll.com ATTACHMENT 6 Public Correspondence September 5, 2023 To: City of Iowa City Re: 1201 W. Benton St. property We, the property owners near Oaknoll, consider Oaknoll to be a "good neighbor". We support Oaknoll's request to the city for a zoning variance from RS5 to RM -12 for their property at 1201 W. Benton St. We understand that if the rezoning request is approved, Oaknoll will pursue adding additional licensed nursing spaces to care for their most dependent residents. The new building will be a good addition to our neighborhood. Randy A. Ihrig, 1,1,223 W. Benton St. Katerina Beyerink, 1129 W. Benton St. Margaret & Raymond Welsh, 1209 W. Benton St. Mousa Abuissa, 1215 W. Benton St. Melvin Donaldson & Courtney Hitchon, 816 Talwrn Ct. Wilford D. & Elaine E. Yoder, 820 Talwrn Ct. Kathryn L. & George Sadewasser, 824 Talwrn Ct. Suellen N. Pennell, 802 Wylde Green Rd. John S. & Connie Nelson, 2245 Macbride Dr. (owner of 809 Weeber St.) September 5, 2023 To: City of Iowa City Re: 1201 W. Benton St. property We, the property owners near Oaknoll, consider Oaknoll to be a "good neighbor". We support Oaknoll's request to the city for a zoning variance from RS5 to RM -12 for their property at 1201 W. Benton St. We understand that if the rezoning request is approved, Oaknoll will pursue adding additional licensed nursing spaces to care for their most dependent residents. The new building will be a good addition to our neighborhood. Randy A. Ihrig, 1123 W. Benton St. Katerina Beyerink, 1129 W. Benton St. Margaret & Raymond Welsh, 1209 W. Benton St. Mousa A uissa, 1215 W. Benton St. Melvin Donaldson & Courtney Hitchon, 816 Talwrn Ct. Wilford D. & Elaine E. Yoder, 820 Talwrn Ct. Kathryn L. & George Sadewasser, 824 Talwrn Ct. Suellen N. Pennell, 802 Wylde Green Rd. John S. & Connie Nelson, 2245 Macbride Dr. (owner of 809 Weeber St.) September 5, 2023 To: City of Iowa City Re: 1201 W. Benton St. property We, the property owners near Oaknoll, consider Oaknoll to be a "good neighbor". We support Oaknoll's request to the city for a zoning variance from RS5 to RM -12 for their property at 1201 W. Benton St. We understand that if the rezoning request is approved, Oaknoll will pursue adding additional licensed nursing spaces to care for their most dependent residents. The new building will be a good addition tc our neighborhood. Randy A. Ihrig, 1123 W. Benton St. Katerina Beyerink, 1129 W. Benton St. Margaret & Raymond Welsh, 1209 W. Benton St. Mousa Abuissa, 1215 W. Benton St. Melvin Donaldson & Courtney Hitchon, 816 Talwrn Ct. Wilford D. & Elaine E. Yoder, 820 Talwrn Ct. Kathryn L. & George Sadewasser, 824 Talwrn Ct. Suellen N. Pennell, 802 Wylde Green Rd. John S. & Connie Nelson, 2245 Macbride Dr. (owner of 809 Weeber St.) November 27, 2023 City of Iowa City Madison Conley Associate Planner RE; CPA23-0001 1201 W Benton St. REZ23-0008 1201 W. Benton St. We strongly support Oaknoll of Iowa City's plan to amend the Southwest District Plan to Low -Density Multi -Family for the property at 1201 W Benton St. Thanks for allowing us to provide this input. Dale L. Woods 1 Oaknoll Ct. Iowa City, IA 52246 Item Number: 6.c. CITY OF IOWA CITY COUNCIL ACTION REPORT December 12, 2023 Resolution of intent to consider the proposed conveyance of a Gas Regulator Easement to MidAmerican Energy Company at the Hickory Hill entrance at North 7th Ave, and setting a public hearing thereon for January 2, 2024. Attachments: Resolution M, Prepared by: Sara Hektoen, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 Resolution No. 23- 316 Resolution of intent to consider the proposed conveyance of a Gas Regulator Easement to MidAmerican Energy Company at the Hickory Hill entrance at North 7th Ave, and setting a public hearing thereon for January 2, 2024. Whereas, in anticipation of the city's Rochester Avenue Improvements Project, MidAmerican relocated its utilities and replaced its below -grade gas regulator station located within the right- of-way, which had caused safety concerns and was difficult to adequately maintain; and Whereas, a new above -ground gas regulator station has been installed, allowing for better access and easier maintenance, and relocated out of the right-of-way to mitigate the risk of vehicular collision; and Whereas, this gas regulator station is necessary to regulate the pressure of household gas distribution lines; and Whereas, it is in the public interest to convey a gas regulator easement to MidAmerican Energy Company for this purpose. Now, therefore, be it resolved by the City Council of Iowa City, Iowa, that: 1. The City Council does hereby declare its intent to consider the conveyance of a Gas Regulator Easement to MidAmerican Energy Company over and across a portion of Hickory Hill Park adjacent to the North 7th Ave entrance in the form of the attached easement agreement at no cost. 2. A public hearing on said proposal is hereby set for January 2, 2024, at 6:00 p.m. in Emma Harvat Hall, City Hall, 410 E. Washington St., or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. Passed and approved this later day of e:r2023. C r Approved by 1__,0007� Attest: C6 Clerk �— City Atto ey's Office (Sara Hektoen – 12/07/2023) Resolution No. 93= 3 Page 2 It was moved by s a i ; j, and seconded by the Resolution be adopted, and upon roll call there were: Ayes: Nays: x x Absent: Alter Bergus Harmsen Salih Taylor Teague Thomas rw®�� City Council Supplemental Meeting Packet CITY OF IOWA CITY December 11, 2023 Information submitted between distribution of packet on Thursday and 4:00pm on Monday. Late Addition(s): 6.d. Sale of 1311 Sandusky Dr Resolution setting a public hearing for January 2, 2024, on a proposal to convey a single-family home located at 1311 Sandusky Drive. Comment: On December 12, 2023 City Council will set a public hearing for January 2, 2024 to consider a resolution authorizing the conveyance of 1311 Sandusky Dr. as part of the South District Program. This will be the seventh home sold under the program. 9.g. Grant Agreement with Free Medical Clinic for Facility Renovations Resolution authorizing the City Manager to sign a grant agreement with Iowa City Free Medical Clinic for facility renovations. Comment: This resolution will approve the allocation of $1,000,000 of State and Local Fiscal Recovery (SLRFR) funds to the Iowa City Free Medical Clinic to renovate their facility to accommodate more exam rooms, provide accessibility to the lower level, increase medical storage, including refrigerated medication, create a dental laboratory, administrative offices and acquire related medical equipment to serve a growing number of uninsured and underinsured individuals seeking care. 11.b. Announcement of Vacancies -New Ad Hoc Truth & Reconciliation Commission - One vacancy to fill an unexpired term, upon appointment ending December 31, 2024. (Eric Harris was removed by City Council on November 6, 2023) Applications must be received by 5:00 P.M., Tuesday, January 30, 2024. Late Handouts 10. Parks & Recreation Commission - See attendance chart. The incorrect chart was inadvertently attached. December 11, 2023 City of Iowa City Item Number: 6.d. Commission Recommendations: NA Attachments: Resolution Executive Summary: On December 12, 2023 City Council will set a public hearing for January 2, 2024 to consider a resolution authorizing the conveyance of 1311 Sandusky Dr. as part of the South District Program. This will be the seventh home sold under the program. Background /Analysis: Under the South District Program, the City proposes to sell 1311 Sandusky Dr. for $230,000. They City acquired the duplex at 1311-1313 Sandusky Dr. in 2021 for $210,000 ($105,000 per unit) and converted it to a 2 -unit condominium. City funds were used to rehabilitate the home to sell to an eligible buyer. The home received the following improvements: • New air source heat pump furnaces & air source water heaters, both 100% electric • Upgraded 200 Amp electric service which can support a future EV charging station • New stainless steel refrigerator, dishwasher, range and microwave • New architectural asphalt shingle roof and gutters • New vinyl siding • All new windows and doors • New luxury vinyl plank flooring throughout • All new cabinetry and countertops • Fresh paint throughout • All new kitchen and bath plumbing fixtures • New light fixtures throughout • New interconnected smoke and carbon monoxide detectors CITY OF IOWA CITY COUNCIL ACTION REPORT December 11, 2023 Resolution setting a public hearing for January 2, 2024, on a proposal to convey a single- family home located at 1311 Sandusky Drive. Prepared By: Stan Laverman, Senior Housing Inspector Reviewed By: Erika Kubly, Neighborhood Services Coordinator Geoff Fruin, City Manager Fiscal Impact: City funds were budgeted at $50,000 for rehabilitation expenses, and up to $25,000 in federal HOME funds may be used for buyer down payment assistance. There will be no impact on the general fund for ongoing operational expenses. Staff Recommendation: Approval Commission Recommendations: NA Attachments: Resolution Executive Summary: On December 12, 2023 City Council will set a public hearing for January 2, 2024 to consider a resolution authorizing the conveyance of 1311 Sandusky Dr. as part of the South District Program. This will be the seventh home sold under the program. Background /Analysis: Under the South District Program, the City proposes to sell 1311 Sandusky Dr. for $230,000. They City acquired the duplex at 1311-1313 Sandusky Dr. in 2021 for $210,000 ($105,000 per unit) and converted it to a 2 -unit condominium. City funds were used to rehabilitate the home to sell to an eligible buyer. The home received the following improvements: • New air source heat pump furnaces & air source water heaters, both 100% electric • Upgraded 200 Amp electric service which can support a future EV charging station • New stainless steel refrigerator, dishwasher, range and microwave • New architectural asphalt shingle roof and gutters • New vinyl siding • All new windows and doors • New luxury vinyl plank flooring throughout • All new cabinetry and countertops • Fresh paint throughout • All new kitchen and bath plumbing fixtures • New light fixtures throughout • New interconnected smoke and carbon monoxide detectors • All new millwork (casing and baseboards) • New garage door openers and entry keypads • Additional attic insulation for an increased R -value • New concrete patio • Landscape grading, seeding, mulch and edgers The sale price of the home is $230,000. This includes $50,000 in City funds that were used to rehabilitate the property. These costs are provided to the buyer in the form of a conditional loan that is forgiven by 10% each year. This amount was included in the sale price to more accurately reflect the value of the property and to avoid artificially deflating home values in the neighborhood. The remaining $180,000 includes the City's purchase price, carrying costs, and rehab costs in excess of $50,000. The homeowner will be eligible for up to $25,000 in HOME down payment assistance. The remaining balance will be financed through a private lender to purchase the home. The home features four bedrooms and two bathrooms. The buyer is a current resident of the South District neighborhood and a first-time home buyer. The buyer has completed a homeowner education course and counseling through Horizons. �" J Prepared by: Susan Dulek, First Asst City Atty, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5030 Resolution No. 23-31.7 Resolution setting public hearing for January 2, 2024, on a proposal to convey a single-family home located at 1311 Sandusky Drive. Whereas, the South District Home Investment Partnership Program is an effort by the City to encourage home ownership and reinvestment in designated neighborhoods; and Whereas, the City purchases residential properties, rehabilitates them, and then sells them to income -eligible buyers; and Whereas, the City purchased a duplex at 1311-1313 Sandusky Drive, rehabilitated it, and converted it to a 2 -unit condominium; and Whereas, the City has received an offer to purchase 1311 Sandusky Drive for the principal sum of $230,000; and Whereas, this sale would provide affordable owner -occupied housing. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The City Council does hereby declare its intent to convey the home located at 1311 Sandusky Drive, Iowa City, Iowa, also known as Unit A, 1311-1313 Sandusky Drive Condominiums, Iowa City, Iowa, for the sum of $230,000. 2. A public hearing on said proposal should be and is hereby set for January 2, 2024, at 6:00 p.m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. Passed and approved this 12th day of December, 2023®_ Tt� I --t�� m4dr Attest: J City Clerk Approved by City Attorney' Office (Sue Dulek — 12/11/2023) Resolution No. 2-3 317 Page 2 It was moved by Salih and seconded by Alter the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: Alter Bergus Harmsen Salih Taylor Teague Thomas Item Number: 9.a. Executive Summary: The property at 320 N. Governor St. was declared a public nuisance, and the City acquired it for $106,000 through condemnation. State law requires the City to convey the property to a buyer that will either rehabilitate the single-family home or demolish it and construct a new house. City staff has negotiated a purchase agreement, subject to formal approval by City Council, for the sale of the property for $115,000. This sale will reimburse the City for most, but not all, the expenses incurred. Background /Analysis: Under Section 364.12A of the Iowa Code, a municipality may condemn a residential building found to be a public nuisance and take title to the property. The property had a series of nuisance and safety violations dating back to the first complaint in 2018. In addition to tall grass, snow and ice accumulations, property abandonment, failing to register a vacant building, and animal infestation nuisances, there have been safety hazards the City has had to abate such as removal of a chimney at risk of collapsing. In early 2023 the City had an appraisal completed of the property and the appraised value was $106,000. The condemnation jury valued the property at $106,000, which is what the City paid to acquire it. The City currently has expenses of over $148,000 attributed to this property for property acquisition, condemnation costs, appraisal costs, insurance, property taxes, and repair costs to secure the building and address safety issues. The City listed the property with a realtor and the purchase agreement has a sale price of $115,000. The addendum to the purchase agreement requires that the buyer either demolish the property within 90 days of closing or begin to renovate the property by immediately securing the roof to prevent further water damage and remove landscaping overgrowth. If the buyer CITY OF IOWA CITY COUNCIL ACTION REPORT December 12, 2023 Resolution authorizing conveyance of a single-family home located at 320 N. Governor Street. Prepared By: Tracy Hightshoe, NDS Director Reviewed By: Geoff Fruin, City Manager Sue Dulek, First Ass't. City Attorney Fiscal Impact: The project is budgeted under Condemned properties and will recover approximately $109,250 from the sale of the home. Staff Recommendation: Approval Commission Recommendations: N/A Attachments: 320 N Governor purchase agreement Resolution Executive Summary: The property at 320 N. Governor St. was declared a public nuisance, and the City acquired it for $106,000 through condemnation. State law requires the City to convey the property to a buyer that will either rehabilitate the single-family home or demolish it and construct a new house. City staff has negotiated a purchase agreement, subject to formal approval by City Council, for the sale of the property for $115,000. This sale will reimburse the City for most, but not all, the expenses incurred. Background /Analysis: Under Section 364.12A of the Iowa Code, a municipality may condemn a residential building found to be a public nuisance and take title to the property. The property had a series of nuisance and safety violations dating back to the first complaint in 2018. In addition to tall grass, snow and ice accumulations, property abandonment, failing to register a vacant building, and animal infestation nuisances, there have been safety hazards the City has had to abate such as removal of a chimney at risk of collapsing. In early 2023 the City had an appraisal completed of the property and the appraised value was $106,000. The condemnation jury valued the property at $106,000, which is what the City paid to acquire it. The City currently has expenses of over $148,000 attributed to this property for property acquisition, condemnation costs, appraisal costs, insurance, property taxes, and repair costs to secure the building and address safety issues. The City listed the property with a realtor and the purchase agreement has a sale price of $115,000. The addendum to the purchase agreement requires that the buyer either demolish the property within 90 days of closing or begin to renovate the property by immediately securing the roof to prevent further water damage and remove landscaping overgrowth. If the buyer renovates the property, a building permit must be issued within 60 days and a certificate of occupancy issued within 18 months of closing. The buyer indicated its interest in renovating the property, but the agreement allows for either demolition or renovation. Staff recommends the sale of the property as identified in the purchase agreement. dodoop signature verification:' q,,.,,.:,i,:. .. d0000p signature vedfcafon: ,. - - LK ,exrz nmet�.uuuuv R Date of Agreement: 11/0912023 Residential Real Estate Purchase Agreement This form approved by the Iowa City Area Association of REALTORSO ,r TO: The Gty of Iowa City (SELLER) REAL ESTATE DESCRIPTION: The undersigned BUYERS hereby offer to buy real estate in Johnson County, Iowa locally known as: 320 N. Governor Street , City: Iowa City Iowa, Zip Code 52245 and described as follows: (abbreviated Legal Description or Tax Parcel tf)as per legal abstract with any improvements located thereon, easements of record and appurtenant servient estates, and subject to the following: (a) any zoning and other ordinances; (b) any covenants of record; (c) any easements of record for public utilities, roads and highways; and (d) none other (consider liens, other easements , interests of others) designated the Real Estate; provided BUYERS, on possession, are permitted to make the following use of the Real Estate: any legal use PURCHASE PRICE: The purchase price shall be. $ 115000 ane hundred Pifteen thousand dollars _ and the method of payment shall be as follows: Check or ID Electronic Check $ 2000 to he submitted Iry AM ® PM ®Noon on with 24 hours of a/o in the trust account of Lepfc-Rroeger. REALTORS Trust , to be delivered to the SELLERS upon performance of SELLERSobligations and satisfaction of BUYERS' contingencies, if any, and the balance of the purchase price as designated below. If the BUYERS' earnest money deposit is not received by the SELLERS' brokerfattorney by this deadline, SELLERS reserve the right to cancel this contract. Select (A), (B), and/or (C), (D), (E) A. ® NEW MORTGAGE: ® Conventional ® FHA ® VA ® Other 9 mo draw, Prime +I% This Purchase Agreement is contingent upon the BUYERS obtaining a written commitment for a first real estate mortgage for % of the purchase price with interest on the promissory note secured thereby of not more than W. amortized cavern term of not less than years, with a balloon due date of not less than years. BUYERS agree to pay no more than % for loan origination fees and points, and to pay in addition all other customary loan costs. BUYERS agree upon acceptance of this offer to immediately make application for such mortgage with a commercial mortgage lender and to exercise good faith efforts to obtain a mortgage commitment as above provided. Upon receiving written loan commitment (supported by the lender's required appraisal), BUYERS shall release this contingency in writing. If BUYERS have not delivered a written financing contingency release contouring the above terms, or terms acceptable to BUYERS, on or before 12/1112023 at 1159 ® AM ® PM ® Noon, either SELLERS or BUYERS may declare this Purchase Agreement null and void and all payments made hereunder shall be returned. BUYERS shall pay the balance of the purchase price at the time of closing by combination of BUYERS' personal funds and the net mortgage proceeds. B. ® CASH: BUYERS will pay the balance of the purchase price in cash at the time of closing. This Purchase Agreement is not contingent upon BUYERS obtaining such funds. This offer is subject to BUYERS providing SELLERS with written proof and documentation that BUYERS have immediately available U.S. funds in the amount of the purchase price no later than ® AM ® PM ® Noon on C. ® Yes ® No This offer is contingent upon and subject to BUYERS closing and obtaining proceeds from the sale of his/her current house- Refer to the attached SALE OF HOUSE ADDENDUM. D. ® OTHER FINANCING E. TERMS:Boyer preapproval letter attached to the offer. F. 13 If a Mortgage Assumption, Installment Contract Assumption, or Installment Contract sale, see attached addendum. POSSESSION: If BUYERS timely perform all obligations, possession for the Real Estate shall be delivered to BUYERS on 1211312023 , with any adjustments of rent, taxes, insurance, interest, and other applicable matters to be made as of the date at transfer of posses.%I n. Closing of the transaction shall occur after approval of title and vacation of the premises by SELLERS, in the cond idon ready for BUYERS' possession. Possession shall not be delivered to the BUYERS call completion of the closing, which shall mean delivery to the BUYERS of all title transfer documents and receipt of the purchase price funds then due from BUYERS. If by mutual agreement the parties select a different possession or closing date, they shall execute a separate agreement setting forth the terms thereof. 4. REAL ESTATE TAXES: SELLERS to be responsible for all real estate taxes that are attributable to the SELLERS' ownership of the property which shall include taxes that are liens for prior Years and taxes that are due and payable for the fiscal year in which the closing occurs, Page 1 of 5 Buyer's Initials FG -4q= Seller's Initials Revised August 11, 2022 Sellers acknowledge they have read this page. dotloop signature veoficanon to i,Jsiel „,xV dotloop WEaawreuentkatlarc dn"wrir,Gi,crn.m,. A. ® There shall be no proration of subsequent taxes. B. ® BUYERS shall be givent, credit for subsequent taxes prorated to the date of closing. Subsequent taxes shall be calculated using the latest known applicable nasessed value(s), roll busts), exception(a) and levy of record at the it= of closing. 5. SPECIAL ASSRSSMENTS: select(A)or(B) A. ® SELLERS shat l pay all special assessments which are alien an the Real Estate as of the date of closing. B. ® SELLERS shall pny all installments of special assessmams which are a lien on the Real Estate and, If not paid, would become delinquent during the calendar year this offer is accepted, and all prior Installments thereof. All other special assessments shall be paid by BUYERS. b. PICTURES: All property that integrally belongs to or is part of the Real EstaM, whether attached or detached, such as light fixtures, shades, rods, blinds, automatic garage door openers and transmitter um is, all drapery rods and curtain rods, awnings, windows, storm doom, screens, plumbing fixtures, water heaters, water softeners (unless water softener is rental), automatic heaEng equipment, air conditioning equipment wall-to-wall carpeting, mirrors attached to walls or doors, Breplamsereen and grate, attached barbeque grills, weather vane, all built -In kitchen appliances, built-in Items and electrical cable, outside television towers and antenno, lensing, associated swimming fool equipment, =list vacuum systorn equipment, underground pet containment ferning with monasticism aid wears, gates end landscaping shalt be considered a part of Real Estate and also Inctudine the foftowhie: Well of tae above motion netts Is a Waco that Integrahy belongs to or is a part of the Beal balate, In the event any of the above items an charecterimil as personal property, such personal property items are not considered a put of the Real Estate and shall be transferred with no monetary value, free and clear of aft liens and encumbrances. The fellowine items shall be excluded: srEEix VPOn payment al int purnuse pace, SBLt.Iilcj snail convey the fiat Estate to BUYERS or men aeafgrteea by warranty Deed, free and clear of all liens, restrictions and eneurnbtancea except as provided in 1(o) through 1(d). Any general warranties of title shall extend only to the time of acceptance of this offer, with special warranties as to hila of SELLERS condoning up to time of delivery of the deed. TIME IS OF THE ESSENCE: Time is of the essence in this contract. CONDITION OF PROPERTY: A. The properly m of the date of this Purchase Agreement Including buildings, grounds and all Improvements will be preserved bythe SELLERS in Its present condition until possession, ordinary wear and tear excepted. The SELLERS shad have the hesdng, ehestricil, plumbing, air conditioning systems, well Of applicable) and all included appliances, whether subject to inspection set fords hereinafter or not, in working condition are of the date of delivery of possession, except for In determining whether or net the systems are to working condition and for the purpose of inspecting the property as outlined in Paragraph 411(1) of this Purchase Agreement, working condition shall be defined as operation in a manner la which the helot was designed to operate. SELLERS shall leave all utilities (gas, electrlG water) on ❑ Yee IL.I No ❑ Not Applicable for all inspections and for the float walk-through by the BUYERS prior to closing. B. The BUYERS must disease one of the following alternatives; relative to the conditfou and quality of kheproperty; 1) ® By E3 AM 0 PM ❑ No.. , the BUYERS may, at Breir sole expense, have the property inspected by a person or persons of Bush choice, including but not limited to a qualified home inspector, contractor(s), engineer(s), or other such professionals to determine if there are MAJOR deficiencies in the following MAJOR COMPONENTS of the Real Estate: central heating system, central cooling system, plumbing system, well and weft water (if applicable), electrical system, roof, walls, ceiling floors, foundation and basement SELLERS and BUYERS acknowledge that the property may [nave imperfect cosmetic conditions that do not affect the working condition of the Item and are not considered major deficiencies, including but not limited to: broken seals In windows; minor more, worn spots, and/or discoloration of floor coverings, wallpaper or window treatments; sell holes, scratches, dents, scrapes or chips in callings, walls, floors; and/or eurfece cracks in driveways or patios. Failure to most present construction standards and code requirements is not considered a deficiency in the property unless it is new construction, cur nnlech that failure produces a condition which creates an unreasonable danger or risk to the property or to its occupants. By the same aforementioned date BUYERS must notify the SELLERS in writing of any MAJOR deficiencies for which they are requesting remedies. The notification must be accompanied by a copy of a written inspection report from a qualified Inspectors Identifying the MAJOR deficieru3es. SELLERS shall, within FIVE (5) calendar days after recelpt of BUYERS notification, notify the BUYERS In writing that (1) SELLERS agree to remedy the MAJOR deficiencies as requested by BUYERS, in which case this Purchase Agreement as so modified shall be binding on all parties, or (2) SELLERS do not agree to the remedy request in whole or In part and offer a counter proposal to BUYERS. Upon recetptof raid counter proposal from SELLERS, the BUYERS shall lwve FIVE (5) calendar days in which to accept the SELLERS' counter proposal by signing it or to ratify the SELLERS in writing that inch steps are not acceptable, in which can, either SELLERS or BUYERS may, declare this offer not] and void, and any earnest money shelf be retuned to BUYERS. IN THE ABSENCE OF WRITTEN NOTICE OF ANY DEFICIENCY FROM BUYERS, OR IF BUYERS FAIL TO RESPOND TO THE SELLERS` COUNTER PROPOSAL WITHIN THE TIME SPECIFED HEREIN, THIS PROVISION SHALL BE DEEMED WAIVED BY PARTIES AND THIS PURCHASE AGREEMENT SHALL REMAIN IN FULL FORCE AND 4me Page 2 of 5 Buyer°s Initials o they have ]lead t Revised August 71, 2822 Sellers acknowledge they Gave read this page. dodoop signature verification ria datloop signature 4eriilcativir,alp,:c,gv,pr,t:<lemi, EFFECT. IF SELLERS PAIL TO RESPOND TO THE BUYERS REMEDY REQUEST WITHIN THE TIME SPECIFIED HEREIN, BUYERS MAY DECLARE THE OFFER NULL AND VOID AND ALL EARNEST MONEY SHALL BE RETURNED, 2) 0 BUYERS acknowledge that they have been advised of the right of property Inspection and haw declined to make said Inaped av(s). Buyer's hutials C The BUYERS must choose one of the following alternatives relative to the preeence of radon in the home: 1) ❑ By ❑ AM ❑ PM ❑ Noon on _ 'the BUYERS may, at their sole expense, have the property tested for the presence of radon gas. Such test shall be conducted by an Iowa Certifled Radon Specialist. SELLERS agree to sign documents required for the teat to be completed and agree to cooperate with the specin0et in carrying out the test• By the same date, BUYERS must notify SELLERS in writing of any average radon reading In excess of pCI/L. The notification shall be accompanied by a copy of the written radon report The cost of mitlgaflon, if necessary, shall be negotiated within the time frames and remedies in Paragraph 98(1). 2) ® BUYERS acknowledge that they have been advised of their right to conduct a radon test and have declined to order said test. Buyers initials D. Septic sydWFM be impacted and repairred [3 Yes ❑ No ® Not Applicable. Iowa Cude455B172 mandates Hie inspection of septic systems, unless exemph, prior to the transfer of property. If applicable, see the attached Septic System Inspection and Repair Addendum. E, The BUYERS shalt be permitted access to the property prior to possession or closin& whichever is sooner, In order to determine that there have been no changes in the condition of the property except those mutually agreed upon and that it is ready for BUYERS' possession. At time of closing or possession, whichever occurs sooner, BUYERS will accept the property in its present condition without further warrantee or guarantees by SELLERS or BROKER concerning the condition of the property. This, however, shall not relieve the SELLERS of any liability for any conchdon(s) Fiat isf are defined as intent defec(s) or any express warranties contained in the Purchase Agreement or other written agreement between the parties; nor shall this paragraphrelieve the SELLERS of any liability for any implied warranty applicable under Iowa law. F. The inspection of any part of the property not covered in 90(1) or the remedy of any condition not addressed in 96(1), including but not limited to cosmetic conditions that the BUYERS require, shalt be addressed in Paragraph 27 of this Purchase Agreement. G. SELLERS acknowledge that the property ❑ is ® is not serviced by propane fuel (LP). If tharopert5� is serviced by propane fuel (LP), the propane tank(s) 13Is/am ❑ in/an not owned by the M- LKRS and there is is not an existing written contract between the SELLERS and the propane vendor. BUYERS agree to reimburse the SELLERS for all propane fuel (LP) remaining in the tanks) on the property at the time of closing. 10. WOOD DESTROYING INSECT INSPECTION: select (A) or (5) A. ❑ By ❑ AM ❑ PIN ❑ Neon on , BUYERS may, at BUYERS' expense, have the property Inspected for termites or other wood destroying Insecta by a licensed Pest Inspector. If infestation or damage due to prior infestation is discovered, SELLERS shall have the option of either having the property treated for infestation by a licensed Pest Exterminator and having any damage repaired to BUYERS' satisfaction, or declaring this Purchase Agreement void. This provimm shall amt apply to femora, trees, shrubs, or outbuildings other than garages. BUYERS may accept the property in its existing condition without such treatment or repairs, B, 0 BUYERS acknowledge that they have been advised of their right of a pest inspection and have declined to make said inspection unless required by the lending institution. at which tune said Inspection would be at BUYERS' expense and BUYERS will have the samerights as under paragraph ILIA if active infestation or damage due to prior infestation is discovered. ' buyers' initials 1L INSURANCOPGULLERS shall Isla the risk of toss or damage to the property prior to closing or possession, whichever East occurs. SELLERS agree to maintain existing insurance and BUYERS may purchase additions) insurance. to the event of substantial damage or destruction prior to closing, this Purchase Agreement shall be null and void, unlgss otherwise agreed by the parties. 'Phe property shall be deemed substantially damaged or destroyed if it mural be restored to its present condition on or before the closing date; provided however, BUYERS shall have the option to completo the closing nod receive Insurance proceeds regardless of die extent of damages. 11 USE OF PURCHASE PRICE: At tine of settlement, funds of the purchase price may be used to pay taxes and other liens and to acquire outstanding hitesests, if any, of others. 13. ABSTRACT' AND TITLE: SELLERS, at their expense, shall promptly obtain an abstract of title to the Real Estate cautioned through the date of acceptance of this offer and deliver it to BUYERS for examination. It shall show merchantable title in SELLERS sautes in conformity with this Purchase Agreement, Iowa law and Title Standards of the Iowa State Bar Association. The abstract ahall become the property of the BUYERS when the purchase price is paid in full, SELLERS shall pay the costs of any additional abstmdog and title work due to any act or omission of SELLERS, including transfers by or the death of SELLERS or their assignees, ff, at the time of closing, there remain unresolved title objecfio ts, the parties agree to escrow front the sale proceeds a sufficient amount to protect the BUYERS' interests until said objections are corrected, Buyer's Initials G� Seller's Initials Page of `"""� Sellers acknowledge they have read this page, Revised August 11, 2022 dotloop signature verlficaton i i, .. -azl< doaoop sgn eve wrIfluti n: dap—, Io cr yrxr,+ 2, allowing a reasonable time for the corrections of sold objections; provided, however, that if the commercial mortgage fender of the BUYERS will not make the mortgage funds available with such escrow, the provisions for escrow for title defects shall not be applicable, 14. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE: U SELLERS, immediately preceding acceptance of this offer, hold title to the Real Estate in joint tenancy with full right of survivorship, and the joint tenancy is not later destroyed by operation of law or by acts of the SELLERS, than the proceeds of this sale and continuing or recaptured rights of SELLERS in the Real Estate, shall belong to SELLERS as joint tenants with full tight of survivorship and not as tenants in common; and BUYERS, in the event of the death of either SELLER, agree to pay any balance of the price due SELLERS tinder this contract to the surviving SELLER and to accept a deed from the surviving SELLER consistent with Paragraph 7, I5. JOINDER BY SELLER'S SPOUSE: SELLER'S spouse, if not a title holder immediately preceding acceptance of this off", executes this contract only for the purpose of relinquishing of all rights of dower, homestead and distributive share or in compliance with Section 56113 of the Iowa Code and agrees to execute the deed or real estate contract for this purpose. 16. REMEDIES OF THE PARTIES; A. If Bl1YBRS fail to timely perform this contract, SELLERS may forfeit it as provided in the Iowa Code, and all payments name shall be forfeited or, at SELLERS option, upon Thirty (36) calendar days written notice of intention to accelerate the payment of Bre entire balance because of such failure (during rebich thirty calendar days such faBure is not corrected) SELLERS may declare the entire balance due and payable. Thereafter this contract maybe foreclosed inequity and the Court may appoints receiver. B, If SELLERS Nil to basely perform this contact, BUYERS have the right to have all payments made returned to them. C. BUYERS and SELLERS also am entified to utilize any and all other remedies reactions at law or Inequity available to them and shall be entitled to obtain judgment for costs and attorney (cars as pernnitted bylaw. D. In the event BUYERS fail to perform their obligations hereunder and as a result, forfeit to the SELLERS any payments made under this contract, upon receipt of said forfeited payments, SELLERS shall pay BROKER one-half of the forfeited payments, said one-half not to exceed the total commission due to the BROKER. In the event the SELLERS fact to perform SELLERS obligations under this contractwhen required to do so, SELLERS shall pay to BROKER the BROKER'S commission In the amount set forth In the SELLERS Listing Agreement with the BROKER. 17, STATEMENT AS TO LIENS: If BUYERS intend to aesmne or take subject to a tion on the Rea( Estate, SELLERS drag furnish BUYERS with a wduen statement prior to closing from the holder of such lien(s), showing the correct balance due. 18, APPROVAL OF COURT; If the sale of the Real Estate is subject to Court approval, the fiduciary shall promptly submit this contract for such appiwal. If this contract is not approved by the-- day of — '20— , either party may declare this contractnull and void and all payments made hereundershall be returned to BUYERS ILJ Not Applicable 19. CONTRACT BINDING ON SUCCESSORS IN INTEREST: This contract shall apply to and bind the successors 1n interest of the pardes. 20. CONSTRUCTION: Words and phrases shall be construed as in the singular or plural number, and ore mescaline, feminine or neuter gender, according to context. 21. SURVEY AND SQUARE FOOTAGE REPRESENTATION: The BUYERS may, within -- calendar days of acceptance of this offer, Lave the pmpertysurveyed at their expense. if the survey, certified by a Registered Land Surveyor, shows any encroachment on said property or If any improvements located on the subject property encroach on lands of others, such encroachments shall be treated as a title defect. Assuming a representation for square footage has been made, BUYERS understand and agree that said representation Is only an approximation of the exact number of square feet the properly contains. The BUYERShave the right to obtain their own measunmeent of square footage. 22. AGENCY DISCLOSURE; The Listing and Selling Agents/Brokers are agents of the parties hereto as outlined below, and their fiduciary dutles of loyalty and faithfulness are owed to the party theyrepresent. However, they must treat theother party with honesty andfairnes. The SELLERS in this transaction arerepixecamed by: Julie Dancer LeliLalDveger, REALTORS(LILR) _ (Agent/Brokerage Names) Email: julfedancerD6Cagmall.com Fax: Cen:319310SS22' The BUYERS in this transection are represented by; Tulle Dancer LRR (Agent/Broi<emge Nornea} Email; julledancer06tggmall.com Fax: Cell:319310SS22 If Agent (including Appointed Agency) and/or Brokerage (including Consensual Dual Agency) Names am shown as representing both parties, a detailed explanation of representation shall be attached. Further, the BUYERS and SELLERS acknowledge that prior to signing this Putshase Agreement that their respective Listing orSellh%Agent made a written disckeure of type of representation being provided. 23. DISCLOSURES/ ADDENDUM; A. 0 Residential Property Seller Disclosure Statement. The BUYERS acknowledge receipt of the Residential Property Seller Disclosure Statement pilot to executing this Purchase Agreement. A copy of the Residential Property Seller Disclosure Statement is attached to this Purchase Agreement. B. 13 Residential Froperty Seller Disclosure Statement is not applicable. C. 0 Homeowners Assorlatton/Condoadolum Assadation/Coamnan Interest Community Addendum(HOA) D, ® Lead -Rased Paint Disclosure Sfatcment E, ® Sale of Hones Addendum rf�� �I {�y I Page 4 of 5 Buyer's Initials Ate= Seller's Initial. A Sellers acknowledge they have rend this page, Revised August 11, 2022 dodoop signature verncat , -,I l.14 dotloop algnatwe"docaaon , F, ® Other G. a Other srtd f�L'�fLm...Y 24. NOTICE: Any notice required under this Purchase Agreement shalt be in writing and shad be effective If to BUYERSwhen physical delivery is received by BUYERS or by BUYERS Agent, and if effective to SELLERS when physical delivery is received by SELLERS or SELLBBS" Agent. Physical delivery may be either by personal delivery or upon the date of the posting of said notice by Certified Mall, As an alternative to physical delivery, any signed document or written notice may be delivered to the respective p1ndpar3 agent, as set forth in Paragraph 22 herein, in electronic form by fncsimile or a-mafl. The facalmile or e-mail delivery confirmation shall const] Lute notice of delivery. Documents with original signatures shall be provided, by the agent' to thelr principal. For the SELLERS:The City of lows City For the BUYERREFlores Construction LLC Address: Address: 25, REPRESENTATIONS: It is understood that no representations made by the Agent in the negotiation of this sale are being relied upon unless incorporated herein or endorsed in writing. 26. COUNTER PARTS CLAUSE: All parties agree to be bound to this contract even if every party does not sign on one original, as long as each copy that is signed is identical to every other signed copy. 27. OTHER PROVISIONS: none other 28, TIME FOR ACCEPTANCE; If this offer is not accepted by SELLERS by 1111012023 at 11:00 ® AM ❑ PM ❑ Noon, it shall become void and nil payments shall be repaid to BUYERS. *"* THIS IS A LEGAL, BINDING CONTRACT. IF NOT UNDERSTOOD, SEEK COMPETENT LEGAL ADVICE The undersigned have read and agree to the terms of this Purchase Agreement. r�azea.G.C,�' aa�mrnua Buyer time / date Offer Is REJECTED as presented M2 Buyer time / date Better time ate Buyers Initials I7 Seller's Initial& Sellers acknowledge they have reed this page. See attached COUNTER OFFER Page 5 of 5 Revised August 11, 2022 da..p 5i,n wre V ,Jncavcn. IOWA CITY ADDENDUM TO PURCHASE AGREEMENT FOR 320 N GOVERNOR STREET The purchase agreement must contain the following terms: 1. The residential structure currently existing on the property must either be rehabilitated or demolished. If demolished, a new single-family home must be constructed. 2. These obligations (collectively, obligation) shall survive completion of closing and transfer of possession, shall inure to the benefit and bind the successors and assigns of the Buyer, and shall be a covenant running with the title to the property. Upon closing and transfer of possession to Buyer, this purchase agreement shall be recorded with the Johnson County Recorder, as notice of said obligation. Upon satisfaction of this obligation by Buyer as provided for herein, the Director of the Neighborhood and Development Services Department of the City of Iowa City is authorized to issue a release of this covenant sufficient for recordation with the Recorder of Johnson County, Iowa. 3. Seller (aka, "the City") and Buyer specifically agree that all representations, warranties, agreement, responsibilities, obligations and comments specked herein Shall survive the execution, delivery and recording of the warranty deed required by Section � hereof, shall remain in full force and effective thereafter, and shall not be merged in or extinguished by such execution, delivery and recording of the warranty deed. 4. This purchase agreement is subject to and conditioned upon formal approval by the City Council of Iowa City, Iowa, pursuant to Iowa Code § 364.7. If this purchase agreement is not formally approved by the City Council of Iowa City, Iowa, it shall be null and void. 5. Closing must occur within 30 days of execution of the purchase agreement. ADDITIONALLY, IF THE HOUSE IS REHABILITATED THE PURCHASE AGREEMENT MUST INCLUDE: 1. Within 14 days of closing, a. The landscaping overgrowth must be removed; and b. The roof must be tarped to prevent water from seeping inside. 2. Within 60 days of closing, an application for a building permit must be submitted. 3. Within 18 months of closing, the rehab must be complete and a certificate of occupancy issued. ADDITIONALLY, IF THE HOUSE IS DEMOLISHED AND A NEW HOUSE IS CONSTRUCTED THE PURCHASE AGREEMENT MUST INCLUDE: 1. Within 90 days of closing, a. The house must be demolished; and b. The site must be cleaned up; and c. The site must be fenced and remain secured until it is safe to occupy. 2. Within 60 days of closing, an application for a building permit must be submitted to the City. a. Note that the new single-family house must meet the current zoning standards, such as setback and lot coverage. Buyer and Buyer's builder may contact City staff for additional details b. The new home cannot exceed 2 % stories. 3. Within 18 months of closing, a certificate of occupancy must be issued. Prepared by: Susan Dulek, First Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030 Resolution No. 23-319 Resolution authorizing conveyance of a single-family home located at 320 N. Governor Street. Whereas, in Resolution No. 23-113 City Council authorized the acquisition of 320 N. Governor Street, Iowa City, Iowa, a public nuisance, for the purpose of abating the nuisance; and Whereas, after City staff was unable to acquire the property voluntarily, the City proceeded to condemnation pursuant to Section 364.12A of the Iowa Code; and Whereas, on August 30, 2023, a condemnation hearing was held, and the condemnation jury valued the property at $106,000; and Whereas, the City delivered a check to the Johnson County Sheriff for $106,000 shortly thereafter, and upon delivery title of the property transferred to the City; and Whereas, State law requires the City to convey the property to a buyer that will either rehabilitate the home or demolish it and construct a new house; and Whereas, City staff has negotiated a purchase agreement, subject to formal approval by City Council, for the sale of the property to HFlores Construction LLC for $115,000; and Whereas, in addition to the condemnation award, the City has incurred costs in excess of $30,000 including costs of the condemnation process and payment of back taxes; and Whereas, on November 21, 2023, the City Council adopted a Resolution proposing to convey its interest in 320 N. Governor Street, authorizing public notice of the proposed conveyance, and setting the date and time for the public hearing; and Whereas, following the public hearing on the proposed conveyance, the City Council finds that the conveyance is in the public interest. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 320 N. Governor Street, Iowa City, Iowa for the sum of $115,000 to HFlores Construction LLC. 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. Resolution No. 2,1-,11 A Page 2 Passed and approved this 12th day of December, 2023. Approved by/ G e City Attor ey's Office (Sue Dulek- 11/28/2023) It was moved by Gal ih and seconded by _Taylor the Resolution be adopted, and upon roll call there were: Ayes: x x Nays: Absent: Alter Bergus Harmsen Salih Taylor Teague Thomas Item Number: 9.b. Executive Summary: Aid to Agencies funding provides nonprofit public service agencies with flexible operational funding to help them serve low-income Iowa City residents based on priorities set in the City's Consolidated Plan. Funding is split into two eligibility categories, Legacy Agencies and Emerging Agencies. Staff and HCDC propose to revise the definition of Emerging Agency funding to allow an unfunded Legacy Agency to apply for Emerging funds, and generally update the definitions of both funding opportunities to match how applications are currently accepted. Background /Analysis: During the FY24 Aid to Agency funding allocation, two Legacy Agencies were not recommended for funding by staff and the Housing and Community Development Commission (HCDC). One of the agencies inquired about applying for Emerging funds, and HCDCexpressed interest in allowing Legacy Agencies that were not awarded Legacy funding in a given year to apply for Emerging funds. However, the current definitions approved by City Council in Resolution No. 18-214 on July 17, 2018, determined that a Legacy Agency is not eligible to apply for Emerging Funds. Those two agencies were not allowed to apply for the FY24 Emerging funds, but one agency was subsequently allocated funding by City Council. The Aid to Agency process has evolved over time and the instance of a Legacy Agency not receiving funding was not anticipated at the point in which the definitions and eligibility criteria were drafted. As such, the language describing Emerging and Legacy Agency funding as CITY OF IOWA CITY COUNCIL ACTION REPORT December 12, 2023 Resolution adopting the Aid to Agencies process and rescinding Resolution No. 18-214. Prepared By: Erika Kubly, Neighborhood Services Coordinator Reviewed By: Tracy Hightshoe, Neighborhood and Development Services Director Fiscal Impact: No impact. The proposed Aid to Agencies budget for FY25 is $770,445 including $120,000 in CDBG funds and $650,445 in city general funds). Staff Recommendation: Approval Commission Recommendations: The Housing and Community Development Commission recommended approval by a vote of 8-0 at their November 16, 2023 meeting. Attachments: HCDC 11.16.23 minutes -draft A2A Definitions and Eligibility Memo 11.9.23 Resolution Executive Summary: Aid to Agencies funding provides nonprofit public service agencies with flexible operational funding to help them serve low-income Iowa City residents based on priorities set in the City's Consolidated Plan. Funding is split into two eligibility categories, Legacy Agencies and Emerging Agencies. Staff and HCDC propose to revise the definition of Emerging Agency funding to allow an unfunded Legacy Agency to apply for Emerging funds, and generally update the definitions of both funding opportunities to match how applications are currently accepted. Background /Analysis: During the FY24 Aid to Agency funding allocation, two Legacy Agencies were not recommended for funding by staff and the Housing and Community Development Commission (HCDC). One of the agencies inquired about applying for Emerging funds, and HCDCexpressed interest in allowing Legacy Agencies that were not awarded Legacy funding in a given year to apply for Emerging funds. However, the current definitions approved by City Council in Resolution No. 18-214 on July 17, 2018, determined that a Legacy Agency is not eligible to apply for Emerging Funds. Those two agencies were not allowed to apply for the FY24 Emerging funds, but one agency was subsequently allocated funding by City Council. The Aid to Agency process has evolved over time and the instance of a Legacy Agency not receiving funding was not anticipated at the point in which the definitions and eligibility criteria were drafted. As such, the language describing Emerging and Legacy Agency funding as outlined in Resolution No. 18-214 does not address this situation. Additionally, some of the language used in the 2018 resolution is out-of-date based on how the program is currently set up. The proposed revised definitions are as follows: Emerging Agencies Legacy Agencies Operational funding intended Ongoing operational funding for Purpose to help new nonprofit a core group of service organizations develop. providers intended to be a stable source of funding. Any nonprofit agency that is Must be identified as a Legacy Definition and not receiving Legacy funding in Agency in the City's Eligibility a given fiscal year. Must be a Consolidated Plan (currently 501 c3 organization in good City Steps 2025) at the time of standing. application. Up to 5% of total Aid to Agencies annual budget Aid to Agencies budget established by City Council. established by City Council Budget HCDC recommends the minus up to 5% for Emerging amount to allocate to Emerging Agencies up to 5% during the agencies. application review. Minimum of $5,000 Minimum of $15,000 Funding Amount Maximum of $15,000 No Maximum Applications accepted every other year for two years of Applications accepted annually funding through the United Way Application through the City of Iowa City Joint Funding Process. Awarded Process during the CDBG/HOME agencies will receive a prorated funding process typically in amount of funding in the second December/January. year based on the approved City budget. Quarterly reports submitted in Reporting Semi-annual reports submitted eclmpact through United Way. to City Payments Two semi-annual payments Four quarterly payments. Funding is not guaranteed and This source should not be may be subject to a prorated expected to be ongoing or increase or decrease depending Additional Notes permanent. Eligibility to apply on annual funding amounts. If is not a guarantee of funding. an agency does not perform to a minimum standard, funding may be revoked. With City Council approval of these definitions, implementation would begin with the FY25 funding round which will include only Emerging funding applications since Legacy funds were awarded in FY24. Applications for Emerging funds will be made available on December 29, 2023 and due on January 29, 2024 at noon. Earlier this year, the HCDC created a subcommittee to review the Aid to Agency application and funding process. That subcommittee work is currently underway and is not represented in this agenda item. The subcommittee is expected to present their recommendations to the full commission at the January 2024 HCDC meeting. Any recommendations for substantial changes to the Aid to Agency program would be brought back to City Council ahead of the FY26 Legacy Agency funding process, which begins in August 2024. Amendments to the eligibility and definition of Emerging Agencies or change to financial terms may be approved by the Neighborhood and Amendments would follow the Amendments Development Services (NDS) City's adopted Citizen Director. The NDS Director Participation Plan. may request HCDC provide a recommendation to City Council for consideration and approval. With City Council approval of these definitions, implementation would begin with the FY25 funding round which will include only Emerging funding applications since Legacy funds were awarded in FY24. Applications for Emerging funds will be made available on December 29, 2023 and due on January 29, 2024 at noon. Earlier this year, the HCDC created a subcommittee to review the Aid to Agency application and funding process. That subcommittee work is currently underway and is not represented in this agenda item. The subcommittee is expected to present their recommendations to the full commission at the January 2024 HCDC meeting. Any recommendations for substantial changes to the Aid to Agency program would be brought back to City Council ahead of the FY26 Legacy Agency funding process, which begins in August 2024. MINUTES PRELIMINARY HOUSING AND COMMUNITY DEVELOPMENT COMMISSION NOVEMBER 16, 2023 — 6:30 PM FORMAL MEETING 1111:I=IKd=1z11d=1[L101-11=1 �d-1IMM a9Z9L�, MEMBERS PRESENT: Kaleb Beining, Maryann Dennis, Karol Krotz, Kiran Patel, James Pierce, Becci Reedus, Denise Szecsei, Kyle Vogel I �,l=1 �,1-1=1*W_1-19=1zYil STAFF PRESENT: Erika Kubly, Brianna Thul OTHERS PRESENT: Crissy Canganelli, Sam Brooks, Erin Sullivan RECOMMENDATIONS TO CITY COUNCIL: By a vote of 8-0 the Commission recommends approval of the revised Aid to Agencies definitions and eligibility as presented by staff. By a vote of 8-0 the Commission recommends approval of the FY25 application materials as discussed. CALL MEETING TO ORDER: Beining called the meeting to order at 6:30 PM and welcomed new member Szecsei. CONSIDERATION OF MEETING MINUTES: OCTOBER 19, 2023: Reedus moved to approve the minutes of October 19, 2023. Patel seconded the motion. A vote was taken, and the minutes were approved 8-0. PUBLIC COMMENT FOR TOPICS NOT ON THE AGENDA: SHELTER HOUSE STREET OUTREACH AND ENGAGEMENT OVERVIEW: Crissy Canganelli (Executive Director) is joined here by Erin Sullivan, housing services director and Sam Brooks, their outreach services specialist and they're here this evening to talk about street outreach services. They hope to have a conversation with the Commission about services, the impact that they're seeing, the changes that they're noticing, and respond to any questions. Canganelli began by contextualizing how they started street outreach services, they began in partnership with the City of Iowa City in the spring of 2021, so this is a relatively new service that has been offered in the community. They had long wanted to be able to provide street outreach services butjust did not have the financial capacity to do so, and now due to the partnership with the City of Iowa City, who dedicates about $35,000 annually right now to do this work, they're able to leverage some additional federal funding that is available for shelter operations and are able to fund one full time employee, Brooks, who provides supports, resource materials, supplies, and a vehicle for his dedicated use to be able to meet the needs of the community. Canganelli noted the primary scope of work really is happening in Iowa City, although Brooks is available to respond to concerns that are happening throughout Johnson County. Housing and Community Development Commission November 16, 2023 Page 2 of 11 Sam Brooks (Outreach Services Specialist) began by talking about the approach and philosophy behind street outreach. He noted its critical that when they're working with the community's most vulnerable members to take into consideration the ways that they're engaging with them and the way that they're building trust and rapport for folks that have historically been failed by most of the larger institutions in some way or another. Therefore, the first step of street outreach and engagement is the engagement portion. A lot of the folks who are experiencing unsheltered homelessness have been staying outside for a significant amount of time, about a quarter of the folks who are engaged in street outreach are defined as chronically homeless, which is one year or more, and are in a place not meant for habitation such as a car, under a bridge, on the street in a tent, an abandoned building, or a parking garage and have a diagnosed disability. Brooks acknowledged those are two really important factors that they look at when they're working with this population because they understand how vulnerable things are. So, his initial goal is to build rapport through a mutually respectful relationship between himself and the person who's experiencing homelessness. It's important they're working together, whatever their identified goals are, to accomplish those goals, to navigate different systems, make sure that they can survive staying outside, and then make it to the ultimate goal of being housed permanently, stably with wraparound services so that they can end their experience of homelessness. One individual Brooks has been working with for his entire time on street outreach, during the first year the individual wouldn't speak to Brooks, he barked at him, they didn't talk. Brooks and Sullivan would talk about ways that they can engage that were client driven as everything they do is voluntary, so ways that they can then provide services to this person. A lot of it was just about existing in the same space as them in a casual way until there was enough comfort that they could then progress to talking about very casual things. This individual now meets with Brooks every Friday, and they chat a lot about grappling mostly because that's what he chose to talk about. Grappling is like wrestling and jujitsu, martial arts, and that is what he loves to talk about. However, they've also been able to bring a medical provider out to come and give this individual a physical at a place he was comfortable at. So, it begins with a general initial engagement so that they can then refer to different providers in the community. A lot of what street outreach is, is collaborating with different community partners, different service providers, City staff, different City departments to help this person navigate all of these systems in the safest and have the least conflict and the least interaction with emergency services as reducing law enforcement contact and unnecessary arrests and unnecessary ambulance trips. Erin Sullivan (Housing Services Director) concurred with Brooks that it's a very delicate relationship as this is a group of individuals in the community that do not engage with services unless absolutely necessary. Then there are individuals who are experiencing homelessness who are utilizing the resources butjust have a lot of barriers to potentially getting permanently housed. Brooks has to balance his time between those individuals who are seeking him out and those he is seeking out. Brook's role is circular with the providers and the person experiencing homelessness to make sure that they continue to connect, how they communicate with one another, etc. Sullivan noted they want Brooks to spend more time really engaging with those individuals who are not seeking out those services but it's a delicate relationship, so they are continuing to just navigate and figure out how to build that trust. Again, there are many individuals in the community who are experiencing homelessness and know how to access resources and do so every day and then there are individuals in the community who are not. The street outreach position is essential in reaching those individuals who are out there in the community and have been for a long period of time, probably decades, who just are not engaging. They want to make sure that they know that there are resources, and to provide some of those lifesaving resources to them like blankets and tents and things like that in a way be able to begin that relationship. Brooks spoke about outcomes and noted in the last year roughly of the 190 individuals who were enrolled in street outreach throughout the year 89 of those were then moved into permanent housing from the street either by accessing shelter eventually, or straight from the street to housing. He noted thats probably the big number as that is the outcome that they look at, the goal is to end the person's experience of homelessness. Krotz asked for somebody who's unhoused if they're moving into housing or into shelter, especially housing, if they are experiencing a financial barrier how is that resolved. Sullivan stated there's a system Housing and Community Development Commission November 16, 2023 Page 3 of 11 in the community and across the state called coordinated entry and so when Brooks is talking about somebody moving into housing what that means is that they are enrolled into coordinated entry. Any human service provider in the community could put somebody in coordinated entry and on a weekly basis they have a meeting with all of these different human service providers to determine which housing intervention or which housing program would be best for that individual based on their needs. They might have a section eight voucher and just need assistance with a security deposit, CommUnity has a program where they could pay security deposits. Shelter House has a program called Rapid Rehousing that provides a security deposit and rental assistance. Those providers are all sitting at a table discussing the individuals for programs and which program can help them move into housing and providing whatever resources they might need from financial assistance, case management, accessing other mainstream resources, such as food stamps, Medicaid, and things like that. Krotz assumes the ultimate goal of the individual, as well as the program, would be for them to be self- sufficient. Sullivan confirmed that can be a goal. Each individual's goal plan is created individually and some individuals who maybe are experiencing short term experience of homelessness are going into a rapid rehousing type of program and probably will live independently in the community, whereas the individuals that Brooks is working with likely will need to receive wraparound services for a pretty significant amount of time as there's a reason people are outside for a long period of time. A big piece of that is housing related, and housing affordability, but there's also other kinds of mental health, physical health and substance use disorders that people need support to live in housing. Canganelli stated the goal isn't necessarily to be self-sufficient in so much as it is to be as independent as possible and that looks different for everyone. They are really trying to weave together the different services and resources that exist for people to help them to live as independently as possible in housing and to retain that housing successfully. She also wanted to clarify out of the 90 people, about 50% of those individuals that were engaged through street outreach had been living out on the streets, unsheltered with a high incidence of disability, co-occurring disabilities, 75% of them have a disability that is diagnosed, and often are co-occurring. These are any combination of serious mental illness, substance use, intellectual disability, brain injury, and physical disabilities. After years of homelessness being able to successfully get into housing, and the conduit of going through shelter, they don't consider that a housing placement it's just people can go either through shelter to housing or straight from the street to housing. Dennis noted there's also the matter of safety. When she was working, she dealt with a man who was chronically homeless and finally received an apartment that was furnished, but he never slept in the bed because he hadn't slept in a bed for so many years that he didn't feel comfortable, so he just slept on the floor all the time. Sullivan noted when they first opened Cross Park Place, the 24 -unit apartment complex on Cross Park Avenue, those are individuals who were sleeping outside for years in the community and one of those individuals there slept on the bench in front of the building for probably a month before he actually moved in because he was uncomfortable sleeping inside. Reedus asked if a lot of the individuals that Brooks is working with go to either the 501 or Cross Park Place, is that the most direct route. Canganelli replied when they have housing opportunities, Cross Park's 24 units are fully occupied, at 501 they opened 36 units in June and by August or September they were at capacity, so those units are fully utilized so unless a unit turns over, and the primary reason that they're seeing units turnover is really due to death of tenants, so the units don't turn over very much, then they're looking for units out in the community and that means finding landlords that are willing to work with them. Canganelli noted through the course of the pandemic, and in response to the pandemic, there have been some very specialized, additional small amounts of housing choice vouchers that have been made available, mainstream vouchers, emergency housing vouchers, and now seven stability vouchers. These are additional resources that they're trying to manage and prioritizing these different vouchers for these particular populations through coordinated entry has been imperative because it means that they get that housing subsidy as a resource because they don't have income, or they have extremely limited income. They are able to help them secure different mainstream benefits that they may qualify for and that was working until they lost that protection for individuals presenting a Housing Choice Voucher as a form of payment for rent, which occurred sometime in 2022. Because of that they are now experiencing a real additional barrier, even for those individuals who have a voucher, which is a precious resource, but are Housing and Community Development Commission November 16, 2023 Page 4 of 11 not able to use it as a form of payment for rent in the community because landlords are now requiring that these individuals demonstrate that they have 300% of the rent in cash income. She stated this is irrespective of whether or not they have a voucher, if they have a single person who has been on the street for decades, who has multiple disabilities and has a voucher in hand, a landlord can say sure he'll rent to them but the unit is $800 so they must show that they have $2,400 in income to be able to rent the unit. Reedus first heard of this when she was down in Florida about four years ago and what blew her mind was because the minimum wage up here is still $725 or $7.50 an hour so that means that literally people who are low income can't qualify and to make that kind of money is very, very difficult. Reedus noted one of the things that bothers her is when she hears people say people are homeless because they want to live outside, they don't want to have a home. If remembering correctly it was demonstrated that there were 17 people involved in the fires recently who had vouchers that couldn't qualify for a place due to the income levels so that showed the community that homelessness is, its not as simple as somebody doesn't want to be inside. Reedus stated when Canganelli met with HCDC and gave an update for the 501 project she discussed the gap and closing the gap with the project, but now it seems like a much wider gap exists and the need is growing a lot quicker. What do they have to do to prevent it from growing even bigger? Canganelli stated as they were even going into the 501 project, they felt that gap, they talk about this a fair amount in board meetings and within team meetings that it's hard to recognize or acknowledge the things that they're not seeing. They are seeing an increase, or at least what is feeling like an increase, of unsheltered homelessness that they're aware of in the community, there's certainly an increase in demand on shelter resources even given that they have implemented homelessness prevention resources and eviction prevention resources during the course of the pandemic. Hopefully they'll be able to sustain those after this recovery period and recovery funding ends as they've prevented hundreds and hundreds of households from entering the homeless response system and experiencing homelessness. They've also increased their capacity to provide permanent supportive housing by building some infrastructure with bringing Cross Park Place and 501 online with 60 units of permanent supportive housing. They've also increased capacity to provide housing through a scattered site modality by using local landlords and partnerships with the additional housing choice vouchers, 147 total housing choice vouchers. Canganelli noted they were ahead of the curve as far as some other Iowa communities in developing permanent supportive housing and advancing some of these resources so they're not seeing the increase to the same degree that communities like Des Moines and Cedar Rapids are seeing. However, the fact is that they have a really major feeder in the community, which is the University of Iowa Hospitals and Clinics, and the VA Health Care System which gives an incredibly complex population to work with, and they're seeing very significant discharge increases and complexity of issues of people being discharged to the streets. So, while they're not to the point where some other municipalities are in the state they're definitely not maintaining the ground she once thought they were achieving. There are other macro issues that are happening around them such as that change in the protection for housing, being able to present a housing choice voucher and have that being used as a source of income, that's a major hit. Krotz is really surprised by that and also alarmed and disgusted by it, she preaches a lot about how people on disability or SSI may only get $700 or $800 a month and even if they have a voucher, they're spending a significant amount of income on rent, and thats if they can find a place because of the price range. Now, there's another barrier that landlords are requiring, and she is just really appalled by that. Canganelli noted that barrier clearly has a disparate impact on veterans and individuals with disabilities and in so much as there's a correlation with poverty, and of course households of color. Other macro issues that they're seeing is the healthcare system that has been overrun and never recovered. They weren't in great shape when they went into the pandemic, and they've been overrun ever since. The emergency room department and psychiatric inpatient units are out of control. People are being discharged in all manner of conditions to the street and to shelter, there are significant changes in the numbers and the complexity of issues that they're seeing and receiving from medical institutions. Housing and Community Development Commission November 16, 2023 Page 5 of 11 Krotz asked how they receive information that somebody's being discharged but they have a special need. Canganelli stated they just show up at the door or in the parking lot. Sullivan stated that's something that needs to be improved, their communication and relations with the University of Iowa and the VA, because they know that they are discharging people to homelessness, but their social services department doesn't get involved and help to get the information transferred and they've seen a decrease in the social work department within hospitals and in doing the resource navigation work needed. Individuals are coming in with no referrals, not a lot of resources that they've been enrolled in, and things like Medicaid are really the only resource that they're coming to shelter with. Canganelli noted there are a number of different reasons why they are overwhelmed, the resources that used to exist in a continuum of care like housing placement services, residential care facilities are gone. Community based housing providers that are there that look like they should be able to provide ongoing housing and supports for individuals all number of barriers or rules in place that prevent people from being able to access those services that again push more people into shelter and then in line for permanent supportive housing. They have community-based housing providers that sit on vacancies and will not take people that have been referred who qualify for their services. There are also barriers that prevent them from accessing housing first and other entities that have become more out of reach due to system changes within the Department of Health and Human Services continuum. Entities that are paid for every billable unit of service to provide care and housing for people are finding ways not to. Canganelli noted however there have some really good things that have changed, some that may be minor, but changes within criminal justice system and the nation has moved towards adopting policies and interventions that are intended to reduce people who are suffering from a mental illness to the criminal justice system. By reducing overexposure to the criminal justice system, primarily meaning incarceration, as some of these interventions and policies have been implemented, and even locally, who was positively impacted by that change, well it wasn't wealthy people who had mental health issues being incarcerated, their lives haven't changed, it's the poor who were over incarcerated and are suffering from mental illness and their main provider treatment provider being the criminal justice system, prisons, but now those individuals are successfully not being incarcerated. However, where are those very poor individuals landing, they didn't build up the housing system to address the housing needs for these individuals that had been functionally housed in jails and prisons so now they're on the street and in shelters. So that positive intention and that positive change is having this very significant impact and changing the world of homeless services and is having an impact on what they're seeing as far as manifesting unsheltered homelessness because they're not able to accommodate folks in shelters. Canganelli noted they're here to talk about street outreach, its a new resource and intervention that's been deployed within this continuum of services that really is intended to create the system, a homeless response system, and part of this move to housing first, or working to end homelessness and rapidly prevent homelessness where possible and move people to housing immediately from the street. They have looked at communities where they have also been successful in deploying this homeless response system. Where homelessness is increasing, legislator policymakers are pointing to housing first as being the cause for creating this increase and that's absolutely not the case. They can't build themselves out of this fast enough because they've languished and don't have enough housing opportunities in the market to address the needs of people who are at zero to 30% area median income. Trying to find those data points and find out what the real gap is difficult. She gave an example of Denver, she was there about a month ago, and it looks very different from just two years ago. There has always been a significant presence of unsheltered homelessness in Denver, but she's never seen it like she saw it October. There were encampments, very large encampments, all in downtown areas and they've done a lot to increase permanent supportive housing opportunities for people. Their chamber of commerce, and their local news reporting, reported that 16% of the population of Denver has an income of $20,000 or less and that housing opportunities that exist in Denver, for individuals at $20,000 or less of income, there is a gap of between 70,000 units and 125,000 units based on the way that these different entities calculated what that gap is, so how do they address that. Dennis noted there's no incentive for politicians to address it Housing and Community Development Commission November 16, 2023 Page 6 of 11 Reedus noted its really disheartening to see what has become of housing and the expense to be housed and the lagging wages, it doesn't even have to do with a federally mandated minimum wage - there are places in states and cities that don't pay livable wages. She remembers 2, 3, 4 years ago when they started talking about $15 an hour minimum wage and the whole world was like, no they can't do that. Well, that's not even a livable wage anymore. A livable wage is above $20 an hour at this point to be able to afford the kinds of housing options that there are. Reedus noted they get about $35,000 from the city, is that part of the ARPA money or is it going to be an ongoing thing. She is interested in since Brooks and Sullivan and the street outreach program has started, how has that increased success. Sullivan gave an example of what street outreach has done, when they opened Cross Park Place it took six months for the all the units to be filled. Canganelli mentioned the length of time that it took to fill the 501 units, only two months, and that is almost entirely because of street outreach, because the street outreach specialist was out engaging with those individuals and reading them for housing. The amount of work that Brooks does in terms of helping people gather those essential documents, like a birth certificate, a social security card, an ID, and then also having those conversations of how to get into an apartment, talking them through that entire process was essential to moving very quickly and getting people housed and moving them into 501. That is a micro example of how street outreach was a huge benefit to moving people quickly into housing when it became available. In that situation there was multiple units available and now Brooks has the challenge of finding those individual units. Brooks noted now there's not this pool of units available so now he needs to create a support network and weave the services that Canganelli was talking about to help in the interim for when somebody has engaged in services and started to get to a place where they're ready for housing when housing is available, creating a support network in the interim. Because of street outreach they now know just about the majority of people who are living unsheltered the community where before it was sporadic engagement. Reedus noted it helps to meet them at their place of need. Sullivan acknowledged exactly, its a very small community, word travels fast and so what Brooks experienced is that somebody will meet somebody who's experiencing homelessness and they'll be like, hey do you know Sam? And they'll get them connected. Also because of the partnerships that they now have with the city where they meet on a monthly basis with numerous departments, they all know of the street outreach and know of Brooks and have his number so when there is somebody who needs resources, there clear partnerships that can reach out to Brooks and get him connected with that individual. That's probably one of the biggest changes, having a centralized person that everybody knows and can contact. Krotz was just talking with Thul today about this zero to 30% and just has to believe that there's something that they can do to help start a process as long as it may take to find some sort of solution to this because it seems to her, she feels it personally. She falls in that category and feels personally like Iowa City has become an exclusive place to live. She sometimes feels like she is not wanted, because she can only afford X amount of rent and thats even with assistance. She used to be really ashamed that she had to have help but is not embarrassed anymore. It is what it is because of her disabilities. But there's got to be something that they can do because she knows the city has a commitment to having affordable housing for people in a place where they want to live. Somebody who has a little bit of power maybe can start quantifying how many people this actually involves and trying to work out solutions. She is saddened to hear about the people that they work with who have the vouchers and still can't find a place. Pierce asked if that voucher change was a federal law change or a state law change or is it just something that's happened organically with landlords. Canganelli noted Iowa City, Cedar Rapids, and Des Moines all had a local ordinance in place that protected the use of a housing choice voucher as a form of income, which protected households that were presenting them. Then in 2022 the State legislature made the decision to remove the ability of municipalities to have that local control. Pierce noted it's part of that larger conversation of the State removing that control. Canganelli stated they had a Housing and Community Development Commission November 16, 2023 Page 7 of 11 rollout period, but they've definitely seen the impact. It was very disappointing to learn that it was a local landlord and high-profile individual in the community that led that campaign to the legislature and lead that effort for the policy change. Pierce noted it struck him that it was mentioned the turnover they see in the two particular complexes that they've developed is due to death, and wondered if they could talk more about that. Sullivan explained that at Cross Park Place they saw a number of individuals who passed away within the first 18 months of that program, probably due to a couple reasons. One is the population who live at Cross Park are definitely, at this point, aging in place. They're in older demographics - they are seeing individuals more from 60 to 80. Also, those were individuals who had pretty significant health care costs and those were individuals that were already frail from living outside for so long. While it is not necessarily proven medically, once people who have protected themselves for really long amounts of time outside to survive are getting their basic needs met on a daily basis, their tolerances for themselves and how to take care of themselves are pretty high. Once people move into housing and they start to let that guard down a little bit and start to engage in health care, which is positive. but the body doesn't have to protect themselves as strongly as they were outside. It would be really interesting to see what kind of studies are out there and whether if as permanent supportive housing continues to be evidence -based practice with long term results and outcomes. Reedus asked what other reasons they would leave other than death or incarceration. Canganelli stated they can stay forever; they have a renewable a lease. They have had a small number of people who have left housing when they've been able to take that project -based voucher and move it into housing in the community or locate closer to family and they consider those really successful exits. There have also been a very small number of individuals that have had preexisting criminal records and have been arrested and gone to jail. Sullivan added there's also individuals who need a higher level of care with that aging in place, and potentially need to just have more in home supports that they can't provide and will go to a higher level of care. Canganelli acknowledged that's where they're struggling now is seeing more people that have higher needs than really permanent supportive housing was ever intended to address and need 24/7 contact care and those resources do not exist anymore. Pierce noted he has also seen that people are needing a much higher need because that's something that he even saw a few years ago when he was on the board of an affordable housing provider, people would come to them but they couldn't meet their needs. Sullivan stated the vulnerability of the individuals that they are serving, and not just based on their physical abilities, is significantly increased and is really challenging to watch and witness. Because as Canganelli mentioned there is the decrease in the institution beds available in the State and when entities have to decrease their beds from 54 to 16 because of rules that the State is putting out, and having to have certain ratios as they don't want too many people with disabilities living in the same space together, all that impacts where people can stay. So while there are all really good reasons for why the State has limits, like maybe the number of people who can live in a in a building together, what has happened instead is just reducing the number of beds and not adding any anywhere else. They also saw the next phase of de -institutionalization where they're closing these beds but not providing any infrastructure to the community-based services within those homes and within those other kinds of residential community settings, but not just in terms of the number of beds, but also the training that the staff in those buildings need. Then on top of that there was a pandemic that completely wiped out the workforce that is now needing to be rebuilt and retrained. They could sit here and talk probably for another hour of all of the examples of individuals whose needs are way beyond the scope of services in a shelter, and even in a permanent supportive housing building, but they are doing what they can because they have nowhere else to go. No matter where they are in the community, they are serving them, that's their mission. Krotz asked if Brooks anticipates that through the people he has worked with and met, that there will be some who won't want to go into the winter housing and rather stay where they are. Brooks replied yes, there's a small number of people who stay outside every year. The third weekend in January nationally there's a count done that homeless response services all participate in and it's done then because it's the time of year when the most shelter emergency beds are available and they're able to accurately count the Housing and Community Development Commission November 16, 2023 Page 8 of 11 number of people who spend the entire winter outside. What they can do to help those folks is provide survival items such as tents, sleeping bags, hand warmers, gloves, etc., those are all things that people need more consistently to make it through winter. Reedus said folks could look at their website to see the Amazon wish list if they want to participate. Canganelli noted the street count in Johnson County has stayed pretty much between 10 to 15 people during that last Wednesday in January. The Commission thanked Shelter House for their presentation as it was very informative. CONSIDER A RECOMMENDATION TO REVISE AID TO AGENCY DEFINITIONS AND ELIGIBILITY: Kubly stated last year during the Legacy funding round, there were two Legacy Agencies that were not awarded funds initially by HCDC and HCDC expressed that they wanted them to be able to apply for the Emerging funds at that point. However, staff learned that because of a resolution thats in place, they were not eligible. Therefore, this proposal is to revise the regulations and to allow Legacy Agencies to apply for Emerging funds if they were not awarded Legacy funding. She noted the previous resolution for Emerging agencies was done in 2018 and that was prior to some of the big changes to the program that took place in 2020 with the Consolidated Plan as the Consolidated Plan didn't really address the Emerging agencies. Again, what staff is proposing is if a Legacy Agency is not funded through the Legacy process, they would still be eligible to apply for Emerging Agency funding. Other than that, they didn't make any other substantial changes to the definitions that are different from how they're currently operating the program. Kubly clarified this is not the Aid to Agencies subcommittee's work - thats a separate process. This is just being brought forward now because the Emerging Agency funding round is coming up and staff wants to know if HCDC would recommend allowing the Legacy Agencies to apply for Emerging funding if they did not receive Legacy funding. Reedus asked what the criteria is for being eligible for Emerging Agency funds. Kubly explained they had a definition of Emerging Agencies from the resolution that was in the agenda packet and now it will be essentially any nonprofit that's not receiving Legacy funding in a given year, and they have to be a 501(c)3 in good standing as well. Reedus doesn't have a problem with it as there's been sometimes in the past couple of years it felt like they didn't give as much money away as they could have and maybe there was available money left on the table. Kubly noted they can do up to 5% of the Aid to Agencies budget for Emerging Agencies. That name was kind of derived to be intended for new agencies, but then as the process evolved and Legacy Agencies were established, they realized that there were groups that weren't really fitting in either category. Emerging is now kind of a catch-all for anyone who isn't a Legacy. Perhaps they need to change the naming. Dennis just wants to make sure that HCDC, as the reviewing body that recommends to the Council, do their due diligence, so does staff receive the ongoing reports or whatever from Emerging Agencies and does staff have any concerns about any agency that's received money? Because HCDC sees the applications, does the recommendations, and then thats it. They don't always know about the follow through. She acknowledged the Emerging Agencies don't get a lot of money. Kubly noted if staff had any concerns about an eligibility or compliance, they would put in the staff notes for the commissioners. Krotz motioned to recommend approval of the revised Aid to Agencies definitions and eligibility as presented. Seconded by Dennis. Approved 8.0. CONSIDER APPROVAL OF FY26 APPLICATION MATERIALS: Dennis asked regarding what they just recommended about the Emerging Agencies definition and eligibility as they must be a 501(c)3 - why then on the application does it say they can be public, for-profit faith based, CHDO or other? Thul responded that staff can update it. Housing and Community Development Commission November 16, 2023 Page 9 of 11 Dennis noted a comment on the HOME and CDBG application for the scoring criteria, on number five - the scoring criteria of 76% to 99% leveraging of funds is a lot. She is not sure how much is appropriate. Overall, it looks good, but will bring up same issue every year until stuff get changed. Thul stated they did not change the scoring criteria from last year but did change it the year before. Prior to that, the leverage question used to be a huge portion of the scoring and it really swayed the outcome if they didn't have a large amount of leverage so changing that last year did help with the distribution of the score. It took the weight away from that one question. Dennis asked about question number seven. If the agency does not have the resources or fiscal capacity to complete the project, she wouldn't give them any money or any points. But still, they could score pretty well and thats serious in her opinion. If someone gets a zero, she is going to recommend they don't get any money. Dennis stated she brings up every year part three, number eight and what income are they targeting. These are federal funds, and the federal government has regulations that everybody has to follow and comply with, which can be very time consuming. So why does the City put more regulations on top of what the federal regulations already are. She stated everybody has to be under 80% for CDBG and for HOME funds there's a formula that the federal government gives the applicant. For instance, rental housing is more restrictive. Dennis noted if there's an affordable housing provider that has a rental unit available, and the City said that the person that moves into that house has to be under 30% area median income. If a family that comes in and applies and they make $2 over the 30% AMI - there isn't another place for them. They make too much money and don't qualify. Thul noted the hard part is using one application and one scoring criteria to address both housing and public facilities projects and asked if the commission has a revision they would like to make to the question. Dennis said they should just ask if everybody that they're going to serve is under 80% because the HOME program regulations, especially for rentals. The HOME application for homeownership is more than likely it's going to be between 50% and 80%, but for the rental, if there's so many units then so many have to be below 60%. She can't remember the whole formula, but there's a formula. Reedus suggested that question could state a primary percent of median income under 80%. Dennis noted the application should follow the federal rates/guidelines. The City is adding more stringent regulations than the federal government requires. Thul noted it really depends on how people submit their applications. This one is really just helping them score and determine who the project is serving. Anecdotally, some of the most recent projects they've done with The Housing Fellowship allow the max of 60% AMI. Dennis suggested if they're going to do a rental project and want to make sure they can house everybody, they are going to say they will be serving everybody at and under 30%. Everybody's chasing points on these applications and if they say more than 30% AMI, they will lose points. Thul thinks the root of this was the last City Steps plan that incentivized serving 0% to 30% AMI. That could change next year with the new City Steps plan. Input from the commission will be requested. Vogel motioned to approve the FY26 application materials as discussed. Seconded by Patel. Approved 8.0. STAFF & COMMISSION UPDATES: Reedus gave a quick update on the Aid to Agencies subcommittee report. She stated they had a good meeting and really broke down the application. The biggest changes they are recommending is a profile information section that the agencies can do outside of the application process which will reduce the Housing and Community Development Commission November 16, 2023 Page 10 of 11 application. The second area would be the recommendation regarding an agency's outcomes. Hopefully United Way will get rid of that portion and do something else to allow the agencies to indicate how they're going to measure their program, and how they define success. The subcommittee thinks that would help a lot to be able to get that information because if an agency has multiple programs and they're getting funding from multiple entities such as United Way, Iowa City, Johnson County, Coralville - they're going to have different outcomes and their outcomes might not even match what Iowa City is giving money for. Next the subcommittee is going to be going through some of the rules and such. They will only have one or two more meetings and then she can make a final report to the Commission. The report is going to be recommendations of things that they'd like to see done. Reedus also noted the agencies were really engaged and there was some great comments and feedback in the report, especially with regard to the scoring process. Dennis proposed moving the January meeting ahead one week as she would not be able to attend at the current date proposed. Reedus noted the report from the subcommittee is going to be presented at that meeting and it would be nice to have Dennis here because she's got background and expertise. The Commissioners all agreed to move the January meeting to January 11. Thul put together a calendar for the upcoming FY25 cycle and included it in the packet. It is a little early to start thinking about it, but Thul wanted to place dates on their radar and give new commissioners an idea of what HCDC will be working on next during the funding cycle when it comes to reviewing the applications, getting scores turned in, and those kinds of things. Thul also noted they are trying something a little different. The question -and -answer session will be conducted in writing similar to what was done recently for Legacy Aid to Agencies. There will be no February HCDC meeting and instead staff have reserved time to meet one on one with any commissioners that would like help with scoring or reviewing applications. Reedus noted the questions are important and she always have questions that she submits for the Q&A and then has more questions when reviewing the responses. Perhaps it would be helpful to have a small work session before the questions go out where people who want to attend could, and the Commission could come up with the questions together. Her goal is to try and find a way to have more robust questions and to come up with all the questions that they need to have answered. Is a work session treated the same as a regular meeting in terms of public access and notification and all that. Thul stated if there's a quorum and they're discussing HCDC business, it would need to be a public meeting. The difficulty with an additional meeting would be timing. The January meeting is January 11 and the Q&A is in February. Reedus asked about as a secondary proposal that they submit the questions to staff, get answers, and then submit them to the Commission ahead of time. Kubly stated they do encourage anyone that wants to walk through the applications with staff to do so - That' s o.That's why they set up the office hours for February, especially given all the new Commission members. Staff can help walk through applications and maybe that will help develop questions as well. ADJOURNMENT: Vogel moved to adjourn, Dennis seconded the motion, a vote was taken and the motion passed 8-0 Housing and Community Development Commission November 16, 2023 Page 11 of 11 Housing and Community Development Commission Attendance Record 2022-2023 Name Terms Exp. 9/15 10/20 11/17 1/19 2/16 3/30 4/20 5/18 7/20 9/21 10/21 11/16 Beining, Kaleb 6/30/24 O/E X X X O/E X X O/E X X X X Dennis, Maryann 6/30/25 O/E X X X X X O/E X X O/E X X Haylett, Jennifer 6/30/25 X O/E O/E X X O/E X O/E Krotz, Karol 6/30/24 X X X X O/E X X X X X X X Reedus, Becci 6/30/24 X X X X X X X X X X X X Vogel, Kyle 6/30/26 X X X O/E X X O/E X X X O/E X Eckhardt, Michael 6/30/25 X X X X X X O/E O/E Patel, Kiran 6/30/26 O/E X X X X X O/E X Pierce, James 6/30/2026 X X X X Subramanian, Saranya 06/30/2025 Denise Szecsei 06/30/2025 X Resigned from Commission Key: X = Present O = Absent O/E = Absent/Excused --- = Vacant 11 I r CITY OF IOWA CITY UNESCO CITY OF LITERATURE CITY OF IOWA CITY MEMORANDUM Date: November 9, 2023 To: Housing and Community Development Commission From: Erika Kubly, Neighborhood Services Coordinator Brianna Thul, Community Development Planner Re: Revisions to Aid to Agencies Definitions and Eligibility Background During the FY24 Aid to Agency funding allocation, two Legacy Agencies were not recommended for funding by staff and the Housing and Community Development Commission (HCDC). One of the agencies inquired about applying for Emerging funds, and HCDC expressed interest in allowing Legacy Agencies who were not awarded Legacy funding in a given year to apply for Emerging funds. However, the current definitions approved by City Council in Resolution #18-214 on July 17, 2018, determined that a Legacy Agency is not eligible to apply for Emerging Funds. Those two agencies were not allowed to apply for the FY24 Emerging funds, but one agency was subsequently allocated funding by City Council. Discussion The Aid to Agency process has evolved over time and the instance of a Legacy Agency not receiving funding was not anticipated at the point in which the definitions and eligibility criteria were drafted. As such, the language describing Emerging and Legacy Agency funding as outlined in Resolution #18-214 does not address this situation. Additionally, some of the language used in the 2018 resolution are out-of-date based on how the program is currently set up. Staff proposes to revise the definition of the Emerging funding to allow an unfunded Legacy Agency to apply for Emerging funds, and generally update the definitions of both funding opportunities to match how applications are currently accepted. These changes do not affect the work underway by HCDC's Aid to Agency subcommittee, which will be shared with the commission at the January 2024 meeting. The current definitions can be found in Appendix A of Resolution #18-214 (attached). The proposed revised definitions are as follows: Aid to Agencies (A2A) provides nonprofit public service agencies with flexible operational funding to help them serve low-income Iowa City residents based on priorities set in the City's Consolidated Plan. Emerging Agencies Legacy Agencies Purpose Operational funding intended to help Ongoing operational funding for a core new nonprofit organizations develop. group of service providers intended to be a stable source of funding. Definition Any nonprofit agency that is not Must be identified as a Legacy Agency and Eligibility receiving Legacy funding in a given in the City's Consolidated Plan fiscal year. Must be a 501c3 (currently City Steps 2025) at the time of organization in good standing. application. November 9, 2023 Page 2 Budget Up to 5% of total Aid to Agencies Aid to Agencies budget established by annual budget established by City City Council minus up to 5% for Council. HCDC recommends the Emerging agencies. amount to allocate to Emerging Agencies up to 5% during the application review. Funding Minimum of $5,000 Minimum of $15,000 Amount Maximum of $15,000 No Maximum Application Applications accepted annually Applications accepted every other year Process through the City of Iowa City during for two years of funding through the the CDBG/HOME funding process United Way Joint Funding Process. typically in December/January. Awarded agencies will receive a prorated amount of funding in the second year based on the approved City budget. Reporting Semi-annual reports submitted to Quarterly reports submitted in eclmpact City through United Way. Payments Two semi-annual payments Four quarterly payments. Additional This source should not be expected Funding is not guaranteed and may be Notes to be ongoing or permanent. subject to a prorated increase or Eligibility to apply is not a guarantee decrease depending on annual funding of funding. amounts. If an agency does not perform to a minimum standard, funding may be revoked. Amendments Amendments to the eligibility and Amendments would follow the City's definition of Emerging Agencies or adopted Citizen Participation Plan. change to financial terms may be approved by the Neighborhood and Development Services (NDS) Director. The NDS Director may request HCDC provide a recommendation to City Council for consideration and approval. Next Steps With the HCDC's recommendation, staff would bring the revised definitions to an upcoming City Council meeting ahead of the FY25 application cycle. Attachments City Council Resolution #18-214 10 Prepared by: Kirk Lehmann, Neighborhood Services, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5230 RESOLUTION NO. 18-214 Resolution adopting the Aid to Agencies process Whereas, the Iowa City Housing and Community Development Commission formed a subcommittee to discuss past and current practices and policies for the Aid to Agencies process of funding public service providers; and Whereas, the Iowa City Housing and Community Development Commission wishes to better balance stable funding for existing agencies with funding for developing agencies and/or agencies that have not historically received funding; and Whereas, the Iowa City Housing and Community Development Commission also wants to improve the Aid to Agencies process itself; and Whereas, the City solicited input from agencies, and held public meetings during which they discussed the Aid to Agencies process; and Whereas, the Aid to Agencies Process Recommendations dated July 10, 2018 is attached hereto as Appendix A; and Whereas, the Iowa City Housing and Community Development Commission has recommended that Appendix A be approved; and Now, Therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that 1. The Aid to Agencies Process Recommendations dated July 10, 2018, containing changes to the Aid to Agencies process and attached hereto as Appendix A, is hereby approved and adopted. Passed and approved this 171 day of July, 2018. f - Mayor Attest: Deputy C4 Clerk City Attorney's Office Resolution No. Page 2 18-214 It was moved by Botchway and seconded by Mims Resolution be adopted, and upon roll call there were: AYES: NAYS x x x' x x ABSENT: x Botchway Cole Mims Salih Taylor Thomas Throgmorton no'n Appendix A "Emerging" Agency Funding. HCDC will set aside 5% of A2A funds for "emerging" agencies, defined as any agencies that have not existed as a legal entity for at least 2 years or have not received A2A funds in any of the last 5 years. These funds will have a $5,000 funding minimum and will be allocated annually to help new organizations develop. This source should not be expected to become permanent. Applications will be separate from the United Way Joint Funding Process, allowing them to be smaller and more customized. Applications will be due at the same time as the City's HOME/CDBG funding round in December, awarding funds closer to the reception of funds. Two years from the year they were funded, an Emerging Agency can apply for Legacy funding, so if an agency was awarded Emerging funds in 2019, they could apply for Legacy funding in 2021. Unused Emerging Agency funding may be shifted to Legacy Agencies. "Legacy" Agency Funding. All remaining funding will be available to "legacy" agencies, defined as agencies that have existed as a legal entity for at least 2 years and have received A2A funding in any of the last 5 years. This funding is not guaranteed but will provide a minimum of $15,000 each year over 2 years (funding may be subject to a prorated increase or decrease depending on annual funding amounts). Legacy agencies will use the United Way Joint Funding Process application and will submit regular reports to HCDC to ensure accountability. If an agency does not perform to a minimum standard after its first year of funding, funds may be. revoked. HCDC will strive to apportion funds using the following guidelines: 70% of funds to High priorities, 25% to Medium priorities, and 5% to Low priorities. This will help spread funding between priority groups and reduce competition for high-priority designations. Staff will recommend an agency's priority level based on its central mission, and HCDC will approve. If HCDC determines a priority level does not have appropriate applications, funds may be moved between priority groups. r 1 CITY OF IOWA CIT �r i!•r 07-17-18 COUNCIL ACTION REPO �° July 17, 2018 Resolution adopting the Aid to Agencies process Prepared By: Kirk Lehmann, Community Development Planner Reviewed By: Erika Kubly, Neighborhood Services Coordinator Tracy Hightshoe, Director of Neighborhood and Development Services Fiscal Impact: None Recommendations: Staff: Approval Commission: Housing and Community Development Commission (HCDC), approval 8-0 Attachments: Resolution HCDC Memo Aid to Agencies Process Recommendations, dated July 10, 2018 Executive Summary: After its May 24, 2018 HCDC meeting, HCDC reviewed the Aid to Agencies (A2A) allocation process. Historically, A2A provided predictable funding for nonprofits, but it also has funded new and developing agencies. The subcommittee developed recommendations to balance both functions of A2A funds while improving the allocation process. HCDC voted to send the recommendations to City Council for consideration after discussions on June 21 and July 10. Background/ Analysis: The attachment discusses the background, solutions and recommendations made by HCDC regarding the Aid to Agencies process. A summary of the recommendations is as follows: "Emerging" Funding. HCDC will set aside 5% for "emerging" agencies, defined as any agencies that have not existed as a legal entity for at least 2 years or have not received A2A funds in any of the last 5 years. These funds, allocated at a $5,000 minimum increment, will be allocated annually to help agencies develop. Applications will be simplified and separate from the United Way Joint Funding Process. They will be due at the same time as the City's HOME/CDBG funding round. Two years from the year they were funded, an Emerging Agency can apply for Legacy funding (i.e. an agency awarded funds in 2019 could apply for Legacy funds in 2021). "Legacy" Funding. All remaining funds are reserved for "legacy" agencies, defined as agencies that have existed as a legal entity for at least 2 years and have received A2A funding in any of the last 5 years. These funds, allocated at a $15,000 minimum increment, will be provided each year over two years (though funding may be subject to a prorated change depending on annual funding amounts). Applications will be through use the United Way Joint Funding Process. Regular reports,will be required, as will a minimum standard of performance. Ranking criteria will also be used to make the funding process more transparent and objective. HCDC will aim to apportion 70% / 25% / 5% of funds to High / Medium / Low priorities to spread funding between priority groups and reduce competition for high-priority designations. Staff will recommend an agency's priority level based on its central mission, and HCDC will approve. � r � ®�mat CITY OF IOWA CITY COUNCIL ACTION REPORT HCDC recommends that City Council consider and approve these changes to the Aid to Agency process. Once Council completes its review, staff will send a memo to applicants summarizing changes made to the A2A process, along with the rationale, to help set expectations. CITY OF IOWA CITY MEMORANDUM Date: July 12, 2018 To: Iowa City City Council From: Housing and Community Development Commission Re: Aid to Agencies Recommendations Introduction: Following the May 24, 2018 Housing and Community Development Commission (HCDC) meeting, a subcommittee reviewed the Aid to Agencies (A2A) allocation process. Historically, A2A provided predictable funding for nonprofit agencies. More recently, it has also provided new and developing agencies flexible funding. The subcommittee developed the following recommendations which seek to balance both functions of A2A funds, as well as improve the allocation process. HCDC voted to send the recommendations to City Council for consideration. History/Background: Several policies have been developed in the past to prioritize agencies for the funding allocation. • Legacy Agencies: In the past, agencies who continually receive funding each year were prioritized in funding allocations. This process provided a consistent source of funding for these agencies, allowing them to retain staff and anticipate budget amounts year-to-year. However, it made it difficult for new agencies to benefit from the program. • Priority Needs: The prioritization of agencies into low, medium, and high based on population served was developed to ensure funds had the greatest impact and is required by CITY STEPS. The current use of these categories in the allocation process tends to be ineffective because nearly all agencies attempt to meet the high priority category. • Minimum Threshold: A minimum funding threshold of $15,000 is set to allow for funding of a half-time or quarter position at an agency. The amount of staff time required to administer each grant and level of community benefit were also considered when the minimum threshold was implemented. An HCDC subcommittee solicited feedback from agencies and met June 7 and June 15, 2018 to identify ways to improve the A2A allocation process. The subcommittee drafted recommendations, which were reviewed by the full committee on June 21 and July 10. Discussion of Solutions: The subcommittee received comments from multiple A2A recipients, many of which echoed previously mentioned feedback. The following themes to improve the process were developed: • Enhance objectivity: Multiple agencies mentioned a desire to increase objectivity in allocating funds. They were supportive of objective criteria in evaluating applications. • Avoid duplication of work: HCDC should be careful about how to fund agencies that are doing the same work because they don't want to duplicate services with limited funds. • More clarity in expectations. Several agencies were confused about the process and exactly how HCDC chose to allocate funds. Understanding was also lacking on which agencies got to present to HCDC. Clearer expectations with agencies need to be set. • Minimum funding: Some saw a minimum funding amount as arbitrary. However, it makes the review process more manageable for HCDC and provides greater certainty for staffing. Based on this feedback, the subcommittee tried to balance stable funding with opportunities for new agencies. Recommendations primarily focus on sustainable funding for agencies, but they also provide funds for new agencies. The following summarizes general recommendations: July 12, 2018 Page 2 "Emerging" Agency Fundinq. HCDC will set aside 5% of A2A funds for "emerging" agencies, defined as any agencies that have not existed as a legal entity for at least 2 years or have not received A2A funds in any of the last 5 years. These funds will have a $5,000 funding minimum and will be allocated annually to help new organizations develop. This source should not be expected to become permanent. Applications will be separate from the United Way Joint Funding Process, allowing them to be smaller and more customized. Applications will be due at the same time as the City's HOME/CDBG funding round in December, awarding funds closer to the reception of funds. Two years from the year they were funded, an Emerging Agency can apply for Legacy funding, so if an agency was awarded Emerging funds in 2019, they could apply for Legacy funding in 2021. Unused Emerging Agency funding may be shifted to Legacy Agencies. "Legacy" Agency Funding. All remaining funding will be available to "legacy" agencies, defined as agencies that have existed as a legal entity for at least 2 years and have received A2A funding in any of the last 5 years. This funding is not guaranteed but will provide a minimum of $15,000 each year over 2 years (funding may be subject to a prorated increase or decrease depending on annual funding amounts). For the first round, funding will be randomly staggered to spread applications between years. Legacy agencies will use the United Way Joint Funding Process application and will submit regular reports to HCDC to ensure accountability. If an agency does not perform to a minimum standard after its first year of funding, funds may be revoked. HCDC will strive to apportion funds using the following guidelines: 70% of funds to High priorities, 25% to Medium priorities, and 5% to Low priorities. This will help spread funding between priority groups and reduce competition for high-priority designations. Staff will recommend an agency's priority level based on its central mission, and HCDC will approve. If HCDC determines a priority level does not have appropriate applications, funds may be moved between priority groups. Financial Impact: These recommendations will have no fiscal impact on the City. Fiscal impacts for agencies may include more evenly distributed funding around agencies and greater levels of transparency. Recommendation: HCDC recommends that City Council consider and approve these changes to the Aid to Agency process. Once Council completes its review, staff will send a memo to applicants summarizing changes made to the A2A process, along with the rationale, to help set expectations. Prepared by: Erika Kubly, Neighborhood Services, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5230 Resolution No. 23-120 Resolution adopting the Aid to Agencies process and rescinding Resolution No. 18-214. Whereas, the Iowa City Aid to Agencies program provides nonprofit public service agencies with flexible operational funding to help them serve low-income Iowa City residents based on priorities set in the City's Consolidated Plan; and Whereas, Council previously approved the definitions and application process for Emerging Agencies and Legacy Agencies for Aid to Agencies funding in Resolution No. 18-214; and Whereas, the Iowa City Housing and Community Development Commission wishes to balance stable funding for existing agencies with funding for developing agencies and/or agencies that have not historically received funding through Legacy and Emerging Agency funds; and Whereas, the Iowa City Housing and Community Development Commission also wants to improve the Aid to Agencies process itself; and Whereas, definitions for eligibility for Emerging Agency and Legacy Agency funding have been clarified and updated by staff and the Housing and Community Development Commission to reflect the current Aid to Agencies funding allocation process; and Whereas, the definitions outline eligibility and other parameters for the funding process, and Whereas, the Aid to Agencies Emerging Agency and Legacy Agency definitions, funding, and application process is attached hereto as Appendix A; and Whereas, the Iowa City Housing and Community Development Commission has recommended that Appendix A be approved. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The Aid to Agencies Emerging Agency and Legacy Agency definitions, funding, and application process, attached hereto as Appendix A, is hereby approved and adopted. 2. Resolution No. 18-214 adopted on July 17, 2018 is hereby rescinded. Passed and approved this 12th day of December 2023. C Ma Resolution 23-320 Page.2 Attest: k4f i City Cler It was moved by Salih adopted, and upon roll call there were: Ayes: x x G . City Attorney' Office (Sue Dulek — 12/05/2023) and seconded by Thomas Nays: Absent: Alter Bergus Harmsen Salih Taylor Teague Thomas the Resolution be Appendix A Aid to Agencies (A2A) provides nonprofit public service agencies with flexible operational funding to help them serve low-income Iowa City residents based on priorities set in the City's Consolidated Plan. Emerging Agencies Legacy Agencies Purpose Operational funding intended to help new Ongoing operational funding for a core nonprofit organizations develop. group of service providers intended to be a stable source of funding. Definition and Any nonprofit agency that is not receiving Must be identified as a Legacy Agency Eligibility Legacy funding in a given fiscal year. Must in the City's Consolidated Plan be a 501c3 organization in good standing. (currently City Steps 2025) at the time of application. Budget Up to 5% of total Aid to Agencies annual Aid to Agencies budget established by budget established by City Council. HCDC City Council minus up to 5% for recommends the amount to allocate to Emerging agencies. Emerging Agencies up to 5% during the application review. Funding Minimum of $5,000 Minimum of $15,000 Amount Maximum of $15,000 No Maximum Application Applications accepted annually through the Applications accepted every other year Process City of Iowa City during the CDBG/HOME for two years of funding through the funding process typically in United Way Joint Funding Process. December/January. Awarded agencies will receive a prorated amount of funding in the second year based on the approved City budget. Reporting Semi-annual reports submitted to City Quarterly reports submitted in ecImpact through United Way. Payments Two semi-annual payments Four quarterly payments. Additional This source should not be expected to be Funding is not guaranteed and may be Notes ongoing or permanent. Eligibility to apply subject to a prorated increase or is not a guarantee of funding. decrease depending on annual funding amounts. If an agency does not perform to a minimum standard, funding may be revoked. Amendments Amendments to the eligibility and Amendments would follow the City's definition of Emerging Agencies or change adopted Citizen Participation Plan. to financial terms may be approved by the Neighborhood and Development Services (NDS) Director. The NDS Director may request HCDC provide a recommendation to City Council for consideration and approval. Item Number: 9.c. CITY OF IOWA CITY COUNCIL ACTION REPORT December 12, 2023 Resolution authorizing a fiscal year 2024 one-time worker retention incentive bonus to AFSCME, Administrative, Confidential, and Executive employees. Prepared By: Geoff Fruin, City Manager Reviewed By: Eric Goers, City Attorney Fiscal Impact: The one-time worker retention incentive will be funded with not to exceed $1.2 million in federal ARPA funds Staff Recommendation: No recommendation Commission Recommendations: N/A Attachments: AFSCME (Mixed and Transit) Memorandum of Agreement - FY 2024 retention incentive signed FY24 retention resolution Executive Summary: The American Rescue Plan Act (ARPA) State and Local Fiscal Recovery funds provide for public sector capacity and workforce uses. This action utilizes not to exceed $1.2 million in federal ARPA dollars to provide equal worker retention incentive bonuses to employees in the AFSCME and Administrative, Confidential and Executive employee groups. The total amount of retention incentives will equal 2.75% of budgeted wages for for these employee groups in FY 2024. 2.75% represents the approximate difference between annual pay plan adjustments between these employee groups and those covered under public safety bargaining agreements over the last three fiscal years. Background /Analysis: The one-time worker retention incentives will be calculated by taking 2.75% of the FY 2024 budgeted wages for AFSCME and Administrative, Confidential and Executive employees and dividing that amount by the full-time equivalent number of employees in those work groups actively employed as of December 15, 2023. Retention incentives will be equal to all employees and will be prorated for part-time employees based on their budgeted full-time equivalent status. The one-time retention incentives are expected to be paid on a December 22, 2023 payroll. Individual retention incentives are expected to be approximately $1600 post withholdings for full-time equivalent employees. Letter of Agreement City of Iowa City and AFSCME (Mixed and Transit) Local #183 November 29, 2023 Fiscal Year 2024 One-time Retention Incentive Bonus Pending City Council and Library Board of Trustees approval, the parties hereby agree that a one-time retention incentive bonus of equal amount will be paid to all AFSCME employees. The bonus will be calculated by taking 2.75% of budgeted wages for AFSCME and Administrative, Confidential, and Executive (ACE) employees for fiscal year 2024 and dividing that by the total FTE of AFSCME and ACE employees on December 15, 2023. Part-time AFSCME and ACE employees will receive a pro -rated bonus based on their FTE (example: a .5 FTE employee will receive Y2the bonus received by a full-time employee). The retention Incentive bonus will be paid to AFSCME and ACE employees actively employed as of December 15, 2023 through a special payroll December 22, 2023. It should be noted, that both parties acknowledge that this process of modification, amendment, and/or change to the labor agreement between the City of Iowa City and the American federation of State, County, and Municipal Employees (tocol #183, AFL-CIO) is not precedent -setting and thatfurther modifications should be pursued through collective bargaining. For the City For AFSCME Geo Fruin City Manager lz/yiz3 Date ,\I�' 1Zaz3 iz/ol/�2,� Date Oic, Prepared by: Geoff Fruin, City Manager, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5013 Resolution no. 23-321 Resolution authorizing a fiscal year 2024 one-time worker retention incentive bonus to AFSCME, Administrative, Confidential, and Executive employees. Whereas, The City Council has determined that unexpected economic hardships directly related to the pandemic have negatively and disproportionately impacted American Federation of State, County and Municipal Employees (AFSCME) and Administrative, Confidential, and Executive employees (ACE) and that a one-time worker retention incentive bonus is necessary to adequately retain staff in these employee groups; and Whereas, Throughout the pandemic and into the post -pandemic recovery period, the City has experienced an increase in turnover rates and shrinking applicant pools for many critical positions; and Whereas, the U.S. Department of Treasury allocated the City funds through the State and Local Fiscal Recovery Fund ("SLFRF") as part of the American Rescue Plan Act (aka, ARPA) to meet local needs; and Whereas, expenses to support public sector capacity and workforce are an enumerated use of SLFRF funds under 31 CFR 35.6(b)(3)(ii)(E); and Whereas, the ARPA SLFRF Final Rule allows for worker retention incentives that are designed to persuade employees to remain with the employer and that incentives of less than ten percent of the rate of base pay for employee groups are presumed to be reasonably proportional to the need to retain employees; and Whereas, the City of Iowa City and American Federation of State County and Municipal Employees (AFSCME) have entered into a Letter of Agreement establishing a one-time worker retention incentive bonus of equal amount for AFSCME employees, which will also be extended to Administrative, Confidential, and Executive (ACE) employees; and Whereas, the City desires to allocate an amount not to exceed $1,200,000 of SLFRF funds to provide an equivalent bonus to AFSCME and ACE employees; and Whereas, the total one-time worker retention incentive bonus amount paid will be based on 2.75% of fiscal year 2024 budgeted wages for AFSCME and ACE employees; and Whereas, the total one-time worker retention incentive bonus amount will be divided by the full- time equivalent number AFSCME and ACE employees actively employed on December 15, 2023 and paid out on a December 22, 2023 payroll; and Whereas, the one-time worker retention incentive bonus will be pro -rated for part time employees based on their budgeted full-time equivalent (FTE) status. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that a one-time worker retention incentive bonus of equal amount, pro -rated for part-time employees, be paid utilizing American Rescue Plan Act State and Local Recovery Funds to AFSCME, Administrative, Confidential, and Executive employees based on 2.75% of fiscal year 2024 wages for all AFSCME and ACE employees. Resolution No. 23-321 Page 2 Passed and approved this 12th day of Attest:JL, � - ' -. O ty Clerk December 20 23 a r Approved by City Attorney' Office —12/07/2023 It was moved by Thomas and seconded by Taylor the Resolution be adopted, and upon roll call there were: Ayes: Fill Nays: Absent: Alter Bergus Harmsen Salih Taylor Teague Thomas Item Number: 9.d. CITY OF IOWA CITY COUNCIL ACTION REPORT December 12, 2023 Resolution modifying classification/compensation plans for Administrative, Confidential, and Executive employees for fiscal year 2025. Prepared By: Geoff Fruin, City Manager Reviewed By: Eric Goers, City Attorney Fiscal Impact: In combination with the similar adjustment to the AFSCME pay plan, the adjustment will increase FY 2025 expenditures by an estimated $600,000. Staff Recommendation: No recommendation Commission Recommendations: N/A Attachments: AdminConf FY25 ATB Resolution ACE FY25 PayPlan Executive Summary: This action will increase the FY 2025 pay plan for the Administrative, Confidential, and Executive employees by 1.25% over the previously approved 2.25% increase for a total FY 2025 adjustment of 3.5%. This enhancement is intended to provide further support of employees in light of recent economic conditions and bolster recruitment and retention efforts. The new 3.5% FY 2025 adjustment will be equivalent to employees covered by the City's collective bargaining agreement with the Police Labor Relations Organization of Iowa City. Prepared by: Geoff Fruin, City Manager, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5013 Resolution no. 23-322 Resolution modifying classification/compensation plans for Administrative, Confidential, and Executive employees for fiscal year 2025. Whereas, Resolution 21-112 approved by City Council on May 4, 2021, established a classification and compensation plan for Administrative, Confidential, and Executive employees for fiscal year 2025; and Whereas, the City Council has determined that unexpected economic hardships stemming from the pandemic have negatively impacted Administrative, Confidential, and Executive employees and that a 1.25% additional adjustment in the fiscal year 2025 classification and compensation plan is necessary to adequately recruit and retain staff. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: The Administrative, Confidential, and Executive Classification and Compensation plan for fiscal year 2025 approved by Resolution 21-112 be updated and replaced as attached. Passed and approved this 12th day of December , 20 23 Ma or Attest: i 1'-iq Cit Clerk Approved by City Attor y's Office —12/07/2023 It was moved by salih and seconded by Bergus the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: Alter Bergus Harmsen Salih Taylor Teague Thomas ADMINISTRATIVNCONFIDENTIAL PAY PLAN - FY25 (July 7, 2024) 3,5% ATB PAYGRADE: *After Step 10, employees are eligible for a 2% Increase per year until they reach maximum pay. $ 33.74 $ 2,699.20 $ 70,179.20 $ 36.94 $ 2,955.20 $ 76,835.20 $ 40.43 $ 3,234.40 $ 84,094.40 $ 44.19 $ 3,535.20 $ 91,915.20 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 6 mo. 12 mo. 111 2.5 yrs 3.5 yrs 4.5 yrs 5.5 yrs 6.5 yrs 7.5 yrs 23 License Specialist $ 23.57 $ 26.42 $ 27.30 $ 28.28 $ 29.25 $ 30.29 $ 31.33 $ 32.45 $ 33.60 $ 1,885.60 111 2,113.60 $ 2,184.00 $ 2,262.40 $ 2,340.00 $ 2,423.20 111 2,506.40 $ 2,596.00 111 2,688.00 $ 49,025.60 111 54,953.60 $ 56,784.00 111 58,822.40 $ 60,640.00 $ 63.003.20 111 65,166.40 $ 67,496.00 111 69,888.00 24 Administrative Secretary $ 25.47 If 28.57 $ 29.58 $ 30.57 $ 31.65 $ 32.75 $ 33.93 $ 35.14 $ 36.38 Operations Clerk - ITS $ 2,037.60 $ 2,285.60 $ 2,366.40 $ 2,445.60 $ 2,532.00 $ 2,620.00 $ 2,714.40 $ 2,811.20 $ 2,910.40 Digital Communications Specialist $ 52,977.60 $ 59,425.60 $ 61,526.40 $ 63,585.60 $ 65,832.00 $ 68,120.00 $ 70,574.40 $ 73,091.20 $ 75,670.40 Police Administrative Coordinator Admin Coordinator - Parks & Rao Civilian Accreditation Manager 25 Human Resources Assistant $ 27.56 $ 30.89 $ 32.02 $ 33.12 $ 34.26 $ 35.47 $ 36.71 $ 38.01 $ 39.38 PC Technician $ 2,204.80 $ 2,471.20 $ 2,561.60 $ 2,649.60 $ 2,740.80 $ 2,837.60 $ 2,936.80 $ 3,040.80 $ 3,150.40 Deputy City Clerk $ 57,324.80 $ 64,251.20 111 66,601.60 $ 68,889.60 $ 71,260.80 111 73,777.60 $ 76,356.80 $ 79,060.80 111 81,910.40 Risk & Finance Assistant 26 Legal Assistant $ 29.86 $ 33.49 $ 34.64 $ 35.88 $ 37.09 $ 38.40 $ 39.69 $ 41.17 $ 42.56 Occupational Safety & Training Specialist $ 2,388.80 $ 2,679.20 $ 2,771.20 $ 2,870.40 $ 2,967.20 $ 3,072.00 $ 3,175.20 $ 3,293.60 $ 3,404.80 Human Resources Generalist $ 62,108.80 $ 69,659.20 $ 72,051.20 $ 74,630.40 $ 77,147.20 $ 79,872.00 $ 82,555.20 $ 85,633.60 $ 88,524.80 Housing Choice Voucher Program Coordinator Public Housing Coordinator Media Production Services Coordinator Application Specialist Budget Management Specialist Support Services Supervisor Information Security Analyst Grant Management Specialist Program Assistant - PW *After Step 10, employees are eligible for a 2% Increase per year until they reach maximum pay. $ 33.74 $ 2,699.20 $ 70,179.20 $ 36.94 $ 2,955.20 $ 76,835.20 $ 40.43 $ 3,234.40 $ 84,094.40 $ 44.19 $ 3,535.20 $ 91,915.20 ADMINISTRATIVEfCONFIDENTIAL PAY PLAN - FY25 (July 7, 2024) PAYGRADE: STEP1 $ STEP2 STEP3 STEP4 STEP STEPS STEP STEPS STEP9 STEP10 49.36 $ 51.14 $ 52.97 $ 54.76 6 mo. 12 mo. 18 mo. 2.5 yrs 3.5 yrs 4.5 yrs 5.5 yrs 6.5 yrs 7.5 yrs 27 $ 3,948.80 $ 4,091.20 $ 4,237.60 $ 4,380.80 Senior Engineer $ 78,790.40 $ 83,241.60 $ 87,838.40 $ 92,684.80 $ Assistant Superintendent - Wastewater $ 32.32 $ 34.14 $ 36.00 $ 37.96 $ 39.37 $ 40.72 $ 42.15 $ 43.63 $ 45.14 $ 46.73 Assistant Superintendent - Water $ 2,585.60 $ 2,731.20 $ 2,880.00 $ 3,036.80 $ 3,149.60 $ 3,257.60 $ 3,372.00 $ 3,490.40 $ 3,611.20 $ 3,738.40 Assistant Superintendent - Streets $ 67,225.60 $ 71,011.20 $ 74,880.00 $ 78,956.80 $ 81,889.60 $ 84,697.60 $ 87,672.00 $ 90,750.40 $ 93,891.20 $ 97,198.40 Library Coordinator - Development Operations Supervisor - Transportation Services Human Rights Coordinator/Equity Director Assistant Superintendent - Landfill Facilities Manager Computer System Analyst - Police Animal Services Coordinator Cemetery Supervisor Sr Facilities Design & Const Manager Assistant Superintendent - Equipment Accounting Coordinator Library Administrative Coordinator Library Building Manager Communications Coordinator Supervising Librarian Assistant Superintendent - Refuse Senior Associate Planner GIS Coordinator Assistant Superintendent - Parks Assistant Recreation Superintendent Assistant Facilities Manager Procurement Coordinator Management Analyst - Transportation Airport Manager 28 Revenue & Risk Manager $ 34.96 $ 36.92 $ 38.92 $ 41.06 $ 42.51 $ 44.01 $ 45.54 $ 47.14 $ 48.77 $ 50.49 Systems Engineer $ 2,796.80 $ 2,953.60 $ 3,113.60 $ 3,284.80 $ 3,400,80 $ 3,520.80 $ 3,643.20 $ 3,771.20 $ 3,901.60 $ 4,039.20 Solutions Architect $ 72,716.80 $ 76,793.60 $ 80,953.60 $ 85,404.80 $ 88,420.80 $ 91,540.80 $ 94,723.20 $ 98,051.20 $ 101,441.60 $ 105,019.20 Climate Action Coordinator 29 Police Sergeant $ 37.88 $ 40.02 $ 42.23 $ 44.56 $ 46.02 $ 47.78 $ 49.36 $ 51.14 $ 52.97 $ 54.76 Senior Building Inspector $ 3,030.40 $ 3,201.60 $ 3,378.40 $ 3,564.80 $ 3,681.60 $ 3,822.40 $ 3,948.80 $ 4,091.20 $ 4,237.60 $ 4,380.80 Senior Engineer $ 78,790.40 $ 83,241.60 $ 87,838.40 $ 92,684.80 $ 95,721.60 $ 99,382.40 $ 102,668.80 $ 106,371.20 $ 110,177.60 $ 113,900.80 Senior Housing Inspector Special Projects Administrator Assistant City Attorney Human Rights Coordinator/Equity Director Facilities Manager Animal Services Coordinator Sr Facilities Design & Const Manager "After Step 1% employees are eligible for a 2% increase per year until they reach maximum pay. AW" $ 48.36 $ 3,668.80 $ 100,588.80 $ 52.94 $ 4,235.20 $ 110,115.20 $ 57.88 $ 4,630.40 $ 120,390.40 ADMINISTRATIVE/CONFIDENTIAL PAY PIAN - FY25 (July 7. 2024) PAYGRADE: City Engineer $ 48.04 $ 50.74 $ 53.54 $ 56.45 $ 58.49 $ 60.51 $ 62.64 $ 64.79 $ 67.01 $ 69.40 $ 75.44 $ 3,843.20 $ 4,059.20 $ 4,283.20 $ 4,516.00 $ 4,679.20 $ 4,840.80 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEPS STEP 10 54.03 MAX. 55.90 $ 57.89 6 mo. 12 mo. 111 2.5 yrs 3.5 yrs 4.5 yrs 5.5 yrs 6.5 yrs 7.5 yrs 3,556.80 $ 3,748.00 30 $ 4,176.80 $ 4,322.40 $ 4,472.00 $ 4,631.20 $ 4,788.00 $ 4,948.80 $ 5,131.20 $ Battalion Chief $ 41.00 $ 43.30 $ 45.62 $ 48.18 $ 49.92 $ 51.68 $ 53.38 $ 55.29 $ 57.21 $ 59.22 $ 63.22 Library Coordinator $ 3,280.00 $ 3,464.00 $ 3,649.60 $ 3,854.40 $ 3,993.60 $ 4,134.40 $ 4,270.40 $ 4,423.20 $ 4,576.80 $ 4,737.60 $ 5,057.60 Police Lieutenant $ 85,280.00 $ 90,064.00 $ 94,889.60 $ 100,214.40 $ 103,833.60 $ 107,494.40 $ 111,030.40 $ 115,003.20 $ 118,996.80 $ 123,177.60 $ 131,497.60 Wastewater Superintendent Senior Center Coordinator BC-24hr First Assistant City Attorney Senior Planner $ 29.2857 $ 30.9286 $ 32.5857 $ 34.4143 $ 35.6571 $ 36.9143 $ 38.1286 $ 39.4929 $ 40.8643 $ 42.3000 $ 45.1571 Superintendent of Parks & Forestry $ 3,280.00 $ 3,464.00 $ 3,649.60 $ 3,854.40 $ 3,993.60 $ 4,134.40 $ 4,270.40 $ 4,423.20 $ 4,576.80 $ 4,737.60 $ 5,057.60 Superintendent of Streets $ 85,280.00 $ 90,064.00 $ 94,889.60 $ 100,214.40 $ 103,833.60 $ 107,494.40 $ 111,030.40 $ 115,003.20 $ 118,996.80 $ 123,177.60 $ 131,49T60 Water Superintendent Development Services Coordinator Housing Administrator Assistant Finance Director Equipment Superintendent Economic Development Coordinator Resource Management Superintendent Recreation Superintendent Assistant City Engineer Support Services Manager Assistant City Manager 31 City Engineer $ 48.04 $ 50.74 $ 53.54 $ 56.45 $ 58.49 $ 60.51 $ 62.64 $ 64.79 $ 67.01 $ 69.40 $ 75.44 $ 3,843.20 $ 4,059.20 $ 4,283.20 $ 4,516.00 $ 4,679.20 $ 4,840.80 $ 5,011.20 $ 5,183.20 $ 5,360.80 MPOJC Director $ 44.46 $ 46.85 $ 49.42 $ 52.21 $ 54.03 $ 55.90 $ 57.89 $ 59.85 $ 61.86 $ 64.14 $ 69.09 Human Resources Administrator $ 3,556.80 $ 3,748.00 $ 3,953.60 $ 4,176.80 $ 4,322.40 $ 4,472.00 $ 4,631.20 $ 4,788.00 $ 4,948.80 $ 5,131.20 $ 5,527.20 Police Captain $ 92,476.80 $ 97,448.00 $ 102,793.60 $ 108,596.80 $ 112,382.40 $ 116,272.00 $ 120,411.20 $ 124,488.00 $ 128,668.80 $ 133,411.20 $ 143,707.20 ITS Coordinator Deputy Fire Chief First Assistant City Attorney Associate Director - Transportation Services Neighborhood Services Coordinator Development Services Coordinator Assistant Finance Director 32 City Engineer $ 48.04 $ 50.74 $ 53.54 $ 56.45 $ 58.49 $ 60.51 $ 62.64 $ 64.79 $ 67.01 $ 69.40 $ 75.44 $ 3,843.20 $ 4,059.20 $ 4,283.20 $ 4,516.00 $ 4,679.20 $ 4,840.80 $ 5,011.20 $ 5,183.20 $ 5,360.80 $ 5,552.00 $ 6,035.20 $ 99,923.20 $ 105,539.20 $ 111,363.20 $ 117,416.00 $ 121,659.20 $ 125,860.80 $ 130,291.20 $ 134,763.20 $ 139,380.80 $ 144,352.00 $ 156,915.20 'After Step 10, employees are eligible for a 2% increase per year until they reach maximum pay. EXECUTIVE PAY PLAN - FY26 (July 7, 2024) PAYGRADE: 34 Finance Director $ 56.36 $ 90.19 Police Chief $ 4,508.80 $ 7,215.20 Public Works Director $ 117,228.80 $ 187,595.20 Deputy City Manager Neighborhood and Development Services Director MINIMUM MAXIMUM 33 Fire Chief $ 52.04 $ 82.47 Library Director $ 4,163.20 $ 6,597.60 Parks & Recreation Director $ 108,243.20 $ 171,537.60 Transportation Services Director 34 Finance Director $ 56.36 $ 90.19 Police Chief $ 4,508.80 $ 7,215.20 Public Works Director $ 117,228.80 $ 187,595.20 Deputy City Manager Neighborhood and Development Services Director Item Number: 9.e. CITY OF IOWA CITY COUNCIL ACTION REPORT December 12, 2023 Resolution modifying Article 21 (Pay Plan) of the agreement between the City of Iowa City and the Iowa City Library Board of Trustees and the American Federation of State, County, and Municipal Employees, Local #183, AFL-CIO. Prepared By: Geoff Fruin, City Manager Reviewed By: Eric Goers, City Attorney Fiscal Impact: In combination with the similar adjustment to the Administrative, Confidential and Executive pay plan, the adjustment will increase FY 2025 expenditures by an estimated $600,000. Staff Recommendation: No recommendation Commission Recommendations: N/A Attachments: AFSCME (Mixed and Transit) Memorandum of Agreement - FY25 ATB signed AFSCME FY25 ATB Resolution AFSCME FY25 PayPlan Executive Summary: This action will increase the FY 2025 pay plan for AFSCME employees by 1.25% over the previously approved 2.25% increase for a total FY 2025 adjustment of 3.5%. This enhancement is intended to provide further support of employees in light of recent economic conditions and bolster recruitment and retention efforts. The new 3.5% FY 2025 adjustment will be equivalent to employees covered by the City's collective bargaining agreement with the Police Labor Relations Organization of Iowa City. Letter of Agreement City of Iowa City and AFSCME (Mixed and Transit) Local t#183 November 29, 2023 Fiscal Year 2025 Across the Board Increase Pending City Council and Library Board of Trustees approval, the parties hereby agree that Article 21 Pay Plan will be modified as follows: Section 1. Classification Plan. The classification plan for bargaining unit employees is attached to this Agreement (see Appendix C). The pay plan in effect on June 28, 2020 shall be adjusted upward by two and one-half percent (2,5%) effective June 27, 2021. The pay plan in effect on June 27, 2021 shall be adjusted upward by two and one-quarter percent (2.25%) effective June 26, 2022. The pay plan in effect on June 26, 2022, shall be adjusted upward by two (2.0%) effective June 25, 2023. The pay plan in effect on June 25, 2023 shall be adjusted upward by ° three and one-half percent (3.5%) on July 7, 2024. There will be a re -opener for wages for Fiscal Year 2026. The effective date of compensation adjustments and benefit adjustments applicable to any fiscal year will be the first day of the pay period which begins between the dates of June 24 and July 7, inclusive. It should be noted, that both parties acknowledge that this process of modTication, amendment, and/archange to the labor agreement between the City of Iowa City and the American Federation of State, County, and Municipal Employees (Local ##183, AFL-CIO) is not precedent -setting and that further modifications should be pursued through collective bargaining. For the City For AFSCME Geoff ruin a g�F�VvI Igj3 �' City Manager lZ/`i/Z3 trIJt 20 ?011'&0%3 Date Date Prepared by: Geoff Fruin, City Manager, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5013 Resolution no. 23-323 Resolution modifying Article 21 (Pay Plan) of the agreement between the City of Iowa City and the Iowa City Library Board of Trustees and the American Federation of State, County, and Municipal Employees, Local #183, AFL-CIO. Whereas, Resolution 21-111 approved by City Council on May 4, 2021, approved a collective bargaining agreement (hereinafter the "Agreement") between the City of Iowa City, the Iowa City Library Board of Trustees, and the American Federation of State County and Municipal Employees Local #183, AFL-CIO, (hereinafter "the Union") to be effective July 1, 2021 through June 30, 2026; and Whereas, Article 21, Section 1 of the Agreement established an adjustment to the AFSCME pay plan for fiscal year 2025; and Whereas, the City Council has determined that unexpected economic hardships stemming from the pandemic have negatively impacted American Federation of State, County and Municipal Employees and that a 1.25% additional adjustment in the fiscal year 2025 classification and compensation plan is necessary to adequately recruit and retain staff; and Whereas, the City of Iowa City and the Union have entered into a Letter of Agreement modifying Article 21 of the Agreement to increase the fiscal year 2025 pay plan adjustment to 3.5% pending City Council approval. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: Article 21 of the Agreement approved by Resolution 21-111 be modified to reflect a 3.5% pay plan adjustment for fiscal year 2025 and that the fiscal year 2025 pay plan (Appendix C-4) be replaced as attached. Passed and approved this 12th day of December , 20 23 . May Approved by Attest: )691b ace� City Clerk City Attor ey's Office —12/07/2023 Resolution No. 23-323 Page 2 It was moved by Alter and seconded by Taylor the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: Alter Bergus Harmsen Salih Taylor Teague Thomas AFSCME PAY PLAN FY25 (July 7, 2024) APPENDIX C-4 Page 1 3.5% ATB PAYGRADE: STEP i STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 1 Custodian - Government Buildings Custodian - Library 2 Cashier - Parking MW I - Parking MW I - Transit MW I - Library Animal Center Assistant Receptionist - Senior Center MW I - Pools Communications Aide Public Works Aide Housing Receptionist 3 Cashier -Revenue MW I - Water Customer Service Parking Enforcement Attendant Scalehouse Operator Water Services Clerk MW I - Water Plant MW I - Landfill 4 MW I- Refuse MW I - Streets MW II - Cemetery Library Clerk Animal Care Technician MW I - Wastewater Treatment MW I - Athletic Fields MW I- Parks MW I - Forestry Communications Creative Assistant Recreation Assistant Development Services Assistant Animal Center Assistant II Purchasing Assistant Volunteer Program Asst - Animal Sery 5 MW II - Parks MW II- Transportation Services MW 11 -Transit MW II - CBD MW II - Forestry MW II - Library MW II - Horticulture MW 11 - Pools $ 20.17 $ 22.63 $ 23.32 $ 24.17 $ 24.90 $ 25.78 $ 1,613.60 $ 1,810.40 $ 1,865.60 $ 1,933.60 $ 1,992.00 $ 2,062.40 $ 41,953.60 $ 47,070.40 $ 48,505.60 $ 50,273.60 $ 51,792.00 $ 53,622.40 $ 20.78 $ 23.32 $ 24.17 $ 24.90 $ 25.78 $ 26.64 $ 1,662.40 $ 1,865.60 $ 1,933.60 $ 1,992.00 $ 2,062.40 $ 2,131.20 $ 43,222.40 $ 48,505.60 $ 50,273.60 $ 51,792.00 $ 53,622.40 $ 55,411.20 $ 21.50 $ 24.17 $ 24.90 $ 25.78 $ 26.64 $ 27.56 $ 1,720.00 $ 1,933.60 $ 1,992.00 $ 2,062.40 $ 2,131.20 $ 2,204.80 $ 44,720.00 $ 50,273.60 $ 51,792.00 $ 53,622.40 $ 55,411.20 $ 57,324.80 $ 22.23 $ 24.90 $ 25.78 $ 26.64 $ 27.56 $ 28.62 $ 1,778.40 $ 1,992.00 $ 2,062.40 $ 2,131.20 $ 2,204.80 $ 2,289.60 $ 46,238.40 $ 51,792.00 $ 53,622.40 $ 55,411.20 $ 57,324.80 $ 59,529.60 $ 23.07 $ 25.76 $ 26.50 $ 27.38 $ 28.37 $ 29.28 $ 1,845.60 $ 2,060.80 $ 2,120.00 $ 2,190.40 $ 2,269.60 $ 2,342.40 $ 47,985.60 $ 53,580.80 $ 55,120.00 $ 56,950.40 $ 59,009.60 $ 60,902.40 AFSCME PAY PLAN FY25 (July 7, 2024) APPENDIX C-4 Page 2 PAYGRADE: 24.63 $ 27.56 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 1,970.40 $ 2,204.80 $ 2,289.60 $ 2,366.40 $ 2,448.80 $ 2,536.80 MW II- Wastewater Treatment $ 51,230.40 $ 57,324.80 6 59,529.60 $ 61,526.40 $ 63,668.80 $ 65,956.80 Parts/Data Entry Clerk -Transit Buyer I - Equipment $ 23.79 $ 26.64 $ 27.56 $ 28.62 $ 29.58 $ 30.61 Community Service Officer $ 1,903.20 $ 2,131.20 $ 2,204.80 $ 2,289.60 $ 2,366.40 $ 2,448.80 Library Assistant l $ 49,483.20 $ 55,411.20 $ 57,324.80 $ 59,529.60 $ 61,526.40 $ 63,668.80 Mass Transit Operator MW 11- Water Distribution Buyer I - Purchasing Animal Services Officer Police Records Technician CSO - Evidence CSO - Station Master Signs & Pavement Markings Technician Community Outreach Assistant MW II - Water Service CSO - Support Services Assistant Customer Service Representative - Revenue 7 Library Assistant II $ 24.63 $ 27.56 $ 28.62 $ 29.58 $ 30.61 $ 31.71 MW II - Refuse $ 1,970.40 $ 2,204.80 $ 2,289.60 $ 2,366.40 $ 2,448.80 $ 2,536.80 MW II- Wastewater Treatment $ 51,230.40 $ 57,324.80 $ 59,529.60 $ 61,526.40 $ 63,668.80 $ 65,956.80 Parts/Data Entry Clerk -Transit Program Assistant - Community Development Operations Assistant - Senior Center Senior Clerk/Typist - Wastewater Housing Assistant MW 11- Water Distribution Animal Services Officer CSO - Evidence Signs & Pavement Markings Technician MW II - Water Service Customer Service Representative - Revenue Customer Service Representative - Transportation Services/Resource Management MW II - Eastside Recycling Center Senior Clerk/Typist - Streets 8 Laboratory Technician -Wastewater $ 25.39 $ 28.62 $ 29.58 $ 30.61 $ 31.71 $ 32.88 Library Assistant III $ 2,031.20 $ 2,289.60 $ 2,366.40 $ 2,448.80 $ 2,536.80 $ 2,630.40 MW III- Forestry $ 52,811.20 $ 59,529.60 $ 61,526.40 $ 63,668.80 $ 65,956.80 $ 68,390.40 MW 11 - Streets MW III - Cemetery MW III - Parks Senior Accounts Clerk - Accounting MW III -Refuse Housing Inspector Assistant MW III - Water Service Parts/Inventory Clerk - Equipment Laboratory Technician - Water Media Production Assistant MW III - Government Buildings 9 Buyer II $ 26.21 $ 29.28 $ 30.32 $ 31.37 $ 32.45 $ 33.63 Mechanic I - Equipment $ 2,096.80 $ 2,342.40 $ 2,425.60 $ 2,509.60 $ 2,596.00 $ 2,690.40 Senior Engineering Technician $ 54,516.80 $ 60,902.40 $ 63,065.60 $ 65,249.60 $ 67,496.00 $ 69,950.40 Senior Library Assistant Housing Program Assistant Communications Technician - Cable TV Landfill Operator Landfill Operator - Heavy Equipment Construction Inspector AFSCME PAY PLAN FY25 (July 7, 2024) APPENDIX C-4 Page 3 PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 10 Housing Office Manager Maintenance Operator- Wastewater TPO - Wastewater Treatment TPO - Water Maintenance Operator- Water Utility Billing Coordinator 11 MW III - Streets MW III- Wastewater Collection Mechanic II - Equipment IT Support Specialist - Library Special Projects Inspector Mechanic II - Transit MW III - Lead Sweeper Operator Electrician - Traffic Engineering MW III - Water Distribution Electrician - Wastewater Library Public Relations Specialist Electronics Technician - Transportation Services Victim Services Coordinator 12 Construction inspector 11 Electronics Technician - Wastewater Librarian I Senior MW- Forestry Senior MW- Parks Senior MW-Turfgrass Specialist Building inspector Recycling Coordinator Right -of -Way Technician Development Services Specialist Senior MW - Horticulture Specialist Water GIS Technician Storm Water Specialist Climate Action Engagement Specialist Senior landfill Operator- Heavy Equipment Climate Action Analyst Outreach and Engagement Specialist Public Housing Technician 13 Chemist Electronics Technician - Traffic Engineering Family Self -Sufficiency Program Coordinator Librarian II Mechanic III - Equipment (DAY) Mechanic III - Equipment (EVE) Senior Accountant - Accounting Senior Accountant- Revenue Survey Party Chief Mechanic III - Transit Senior Accountant - Payroll $ 26.94 $ 30.14 $ 31.14 $ 32.18 $ 33.32 $ 34.47 $ 2,155.20 $ 2,411.20 $ 2,491.20 $ 2,574.40 $ 2,665.60 $ 2,757.60 $ 56,035.20 $ 62,691.20 $ 64,771.20 $ 66,934.40 $ 69,305.60 $ 71,697.60 $ 28.71 $ 31.71 $ 32.88 $ 34.22 $ 35.43 $ 36.76 $ 2,296.80 $ 2,536.80 $ 2,630.40 $ 2,737.60 $ 2,834.40 $ 2,940.80 $ 59,716.80 $ 65,956.80 $ 68,390.40 $ 71,177.60 $ 73,694.40 $ 76,460.80 $ 30.08 $ 32.85 $ 33.99 $ 35.24 $ 36.54 $ 37.72 $ 2,406.40 $ 2,628.00 $ 2,719.20 $ 2,819.20 $ 2,923.20 $ 3,017.60 $ 62,566.40 $ 68,328.00 $ 70,699.20 $ 73,299.20 $ 76,003.20 $ 78,457.60 $ 31.05 $ 34.22 $ 35.43 $ 36.76 $ 38.18 $ 39.59 $ 2,484.00 $ 2,737.60 $ 2,834.40 $ 2,940.80 $ 3,054.40 $ 3,167.20 $ 64,584.00 $ 71,177.60 $ 73,694,40 $ 76,460.80 $ 79,414.40 $ 82,347.20 AFSCME PAY PLAN FY25 (July 7, 2024) APPENDIX C-4 Page 4 PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 14 Program Specialist - Senior Center Recreation Program Supervisor Senior Construction Inspector Senior MW- Streets Senior MW - Wastewater Plant Senior MW - Water Distribution Senior TPO - Wastewater Community Outreach Specialist - Senior Center Senior TPO - Water Network Database Specialist - Library Senior MW - Water Plant Customer Service Coordinator Senior MW - Parking & Transit Senior MW - Wastewater Collection Library Web Specialist Development Specialist - Senior Center Building Inspector II Media Production Specialist Public Safety Information Officer 15 Associate Planner Civil Engineer Human Rights Investigator Senior Librarian Historic Preservation Planner $ 32.20 $ 35.43 $ 36.76 $ 38.18 $ 39.59 $ 40.85 $ 2,576.00 $ 2,834.40 $ 2,940.80 $ 3,054.40 $ 3,167.20 $ 3,268.00 $ 66,976.00 $ 73,694.40 $ 76,460.80 $ 79,414.40 $ 82,347.20 $ 84,968.00 $ 33.63 $ 36.79 $ 38.22 $ 39.66 $ 40.92 $ 42.32 $ 2,690.40 $ 2,943.20 $ 3,057.60 $ 3,172.80 $ 3,273.60 $ 3,385.60 $ 69,950.40 $ 76,523.20 $ 79,497.60 $ 82,492.80 $ 85,113.60 $ 88,025.60 Item Number: 9.f. CITY OF IOWA CITY COUNCIL ACTION REPORT December 12, 2023 Resolution establishing the City of Iowa City's 2024 state legislative priorities. Prepared By: Redmond Jones II, Deputy City Manager Reviewed By: Geoff Fruin, City Manager Fiscal Impact: None Staff Recommendation: Approval Commission Recommendations: N/A Attachments: 2024 Development of the State Legislative Priorities 2024 State Legislative Priorities Resolution Executive Summary: Prior to the start of each State of Iowa legislative session, the City Council traditionally adopts state legislative priorities by formal resolution and communicates the City's positions on those issues to our elected delegation. The City's 2024 state legislative priorities were developed based on issues impacting the community and City Council priorities, including the City's 2023-2028 Strategic Plan. Background /Analysis: Prior to the start of each State of Iowa legislative session, the City Council traditionally adopts legislative priorities and communicates the City's positions on those issues to our elected delegation. The 2024 State of Iowa Legislative Session will commence on January 8, 2024. This session marks the 90th Iowa General Assembly. The City has contracted with Carney & Appleby to provide consultant and lobbying services. This contract was renewed in 2022 and will continue to be executed for the 2024 legislative session. The 2024 state legislative priorities were developed in alignment with Iowa City's Strategic Plan process and previous City Council discussions on priority issues. As in prior years, the City's state legislative priorities also express support for the aligned legislative efforts of the League of Cities and the Iowa Metropolitan Coalition. CITY OF IOWA CITY MEMORANDUM Date: November 15, 2023 To: Mayor and City Council From: Redmond Jones II, Deputy City Manager Re: 2024 State Legislative Priorities Development Prior to the start of each State of Iowa legislative session, the City Council traditionally adopts legislative priorities and communicates the City's positions to our elected delegation. The 2024 State of Iowa legislative session marks the second year of the 90th General Assembly. As you are aware it is anticipated to commence on January 8, 2024. Several local government -related issues including, but not limited to, continued discussions regarding further property tax reform, tax increment financing, and benefit enhancements to the municipal fire and police retirement systems, are forecasted to be on the agenda for the next session. This memorandum seeks to update our previously adopted legislative priorities for City Council consideration. The City Council will have an opportunity to comment on these or other priorities at your November 21, 2023, meeting. Staff will aim to present a final resolution of the 2024 legislative priorities at your December 12, 2023, meeting. Strategic Plan Value: Climate Action. Support for Climate Action Initiatives Support initiatives and legislation that further the goals contained in Iowa City's Climate Action and Adaptation Plan and Accelerating Iowa City Climate Actions report. Iowa City encourages the State to adopt the 2021 International Energy Conservation Code and provide cities the ability to make local amendments. The city also encourages the state to initiate a statewide climate action plan and invest directly in environmental and ecological efforts that will support all Iowans. Support legislative changes to allow investor-owned utilities (such as MidAmerican) to implement community solar projects. Also known as "Virtual Net Metering" this allows citizens to buy into community solar projects for utility bill credits. This could be an excellent solution for interested rate users who don't have space, ownership, or sunshine for their own solar installation. Continue Resource Enhancement and Protection (REAP) funding. The REAP grant program has been critical for the improvements and protection of Iowa City's natural resources, park areas, and open spaces. In the 2021 Session, REAP was re -authorized to receive $20 million in funding until Fiscal Year 2026. However, the state legislature has historically appropriated less. For FY 2022, FY 2023, and FY 2024, REAP was appropriated $12 million. The city encourages the State to continue supporting REAP annually and to increase the FY 2025 annual appropriation to ensure the continued conservation of Iowa's natural resources. Strategic Plan Value: Advance social justice, racial equity, and human rights. Support legislation protecting the rights of manufactured housing residents. Recent sales of manufactured housing communities statewide and the resulting impact on those communities have led to discussions at both the state and local levels regarding how best to protect the rights of the families living in these communities. The November 15, 2023 Page 2 City of Iowa City supports rights for the residents of manufactured housing which include rent protections including a statewide cap on frequency and percentage of increases and lengthened notice periods for proposed increases, uniform good cause eviction statewide standards, fair fee regulations including standardized time frames for assessing late fees, and fair lease provisions and effective enforcement mechanisms to combat illegal provisions. Additionally, when manufactured housing communities are put up for sale, residents should be offered the first right of purchase and be protected from premature eviction during the pursuit of local ownership. If displacement is forced as a last resort, the owners profiting from the sale of the park must be required to provide fair relocation assistance. The city also encourages the State to consider a tax credit program that incentivizes the transfer/sale of land to residents of the community, allowing them to build equity, and protects against "bad -actor" ownership. During the 2021 state legislative session, the City of Iowa City registered in support of several bills, which addressed many of these issues. Iowa City continues to support the protections for manufactured housing residents outlined in this bill and encourages the State to adopt such legislation. This legislation has not been refiled this general assembly. We advocate movement to refile next session. Continue the use of federal funding to support residents and businesses in recovery from the COVID-19 pandemic. Cities across Iowa are experiencing severe economic impacts due to the COVID-19 pandemic. Direct and flexible funding allocations to cities are essential to ensuring local needs are addressed adequately through locally viable and effective solutions. Iowa City encourages the State to continue investing available American Rescue Plan Act dollars and other federal funding in local municipalities to support Iowa residents and businesses in recovering from the COVID-19 pandemic. Support reform measures to reduce racial disparity in the criminal justice system and address systemic racism. In the state of Iowa, black people and persons of color represent a small percentage of the population but are significantly overrepresented in the criminal justice system. Discriminatory criminal justice policies and disparate enforcement outcomes should be addressed through state -standardized and streamlined data collection for traffic stops, uniform minimum implicit bias and cultural competency training requirements for law enforcement, and decriminalization of small amounts of marijuana. Iowa City supports the recommendations issued by the Governor's FOCUS Committee on Criminal Justice Reform to promote unbiased policing, which include requiring and automating data collection on race/ethnicity from traffic stops and adopting a statutory ban on disparate treatment in law enforcement activities. Additionally, the City requests the State conduct a statewide review of community police review boards and corresponding legislative policies to ensure these bodies have adequate oversight powers. Law enforcement agencies also need expanded legal avenues for addressing hate related acts. Currently, the State Hate Crimes provision, Iowa Code Chapter 729A, enhances the penalty for certain crimes when they are committed because of a person's race, color, religion, ancestry, national origin, political affiliation, sex, sexual orientation, age or disability, but harassment and trespass with the intent to harass are not included as enforceable offenses. Iowa City encourages the State to amend the existing Iowa hate crimes law to include harassment as an enhanceable offense. Reinstate Voter Approved Public Library Levies. 97 communities in Iowa, including Iowa City, have a special library levy in place as part of their public library funding structure, which provides direct allocation of tax revenues to library budgets. These levies were supported by public votes. The loss of the library levies resulting from recent legislation (HF781) means that resources, that were November 15, 2023 Page 3 formerly allocated specifically for libraries, are no longer available to support voter - backed services. Iowa City advocates for reinstating voter -backed levies that were eliminated with the 2023 property tax reform legislation. After returning to their home districts several proponents of this legislation have expressed a change in position; thus, appearing to open this debate for new legislation in the next session. Protect and Support the Freedom of Movement for People using Local Public Transit. Thousands of Iowans depend on public transportation for work, education, healthcare, and many more daily needs. Currently, state law prohibits cities from enacting common sense safety protections for riders and drivers, such as weapon prohibitions. The city requests that the State allow public transportation providers the ability to restrict the open carrying of weapons while utilizing services. Current law would require scanning people and providing an armed guard on a bus to allow a weapon ban on public property. The high cost of such provisions makes it impractical to provide common sense safety protections for users of public transportation. Strategic Plan Value: Partnerships and Engagement. Support the University of Iowa Student Government (USG) proposal regarding rental property move -in checklists. HF 305 was introduced in the 2023 Iowa legislative session, which would require landlords to provide and use an inventory checklist at the start and end of a tenancy and included a process for implementation. Important requirements that protect tenants against unfair withholdings of rental deposits are detailed in the bill, including a list of required items to be included on the checklist, a file retention period, and a requirement for landlords to provide a copy of this documentation to tenants. Iowa City registered in support of this proposal. With University of Iowa students representing a significant portion of rental tenants in Iowa City, the University's student government has advocated for these protections. Iowa City stands with USG in encouraging the State to pursue rental property move -in checklists. This legislation passed through the House but was held up in the Senate. We hope to see movement next session. Support the continued excellence of the State's primary, secondary, and higher education institutions and advocate for additional education funding. Iowa's primary and secondary schools are fundamental drivers of the State's economic growth, standard of living, and future prosperity. It is essential for the success of the State and our local communities that support for our schools is a top priority in the State's budget and funding is responsive to COVID-19 impacts. The city also encourages the State to expand access, affordability, and quality of early childhood education and care. Specifically, the City supports increased reimbursement rates for Child Care Assistance (CCA) providers, to ensure families with parents who wish to enter the workforce can find and afford quality childcare The University of Iowa plays a critical role in supporting statewide economic, social, and cultural growth. It is important the State of Iowa provides the university with the needed resources to ensure the university's continued ability to facilitate growth opportunities in varied sectors of the business community. Likewise, community colleges play an important role in ensuring the continued competitiveness and inclusivity of the state's economy. The City encourages the State to carefully consider and support the legislative and financial priorities of the University of Iowa and Kirkwood Community College. Protect Home Rule authority for local governments. Local governments are uniquely positioned to respond to the needs and priorities of our residents and taxpayers. Cities innovate in response to local conditions and implement November 15, 2023 Page 4 new ideas that can benefit the State as a whole, and more closely reflect the priorities of the public we serve. This includes local flexibility in local building codes, revenue options, and land use decisions. Support the legislative efforts of the Iowa League of Cities and the Metro Coalition In previous years, the City Council's adopted priorities included support for legislative efforts of the Iowa League of Cities and Metropolitan Coalition, an organization comprised of the State's largest cities. The 2023 legislative priorities will continue this practice. Prepared by: Redmond Jones II, Deputy City Manager, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5013 Resolution no. 23-324 Resolution establishing the City of Iowa City's 2024 state legislative priorities. Whereas, the City Council of the City of Iowa City seeks to encourage legislation that enhances the quality of life for residents in Iowa City as well as the State of Iowa; and Whereas, the City of Iowa City and other cities play a critical role in the future of the State of Iowa; and Whereas, it is in the interest of the residents of Iowa City that the City Council establish legislative priorities and convey said priorities to our State delegation and other relevant stakeholders. Now, therefore, be it resolved that the Council of the City of Iowa City, hereby outlines its legislative proposals to the Iowa City area legislative delegation for the 2023 Iowa State Legislative Session as follows: Strategic Plan Value: Climate Action. Support for Climate Action Initiatives Support initiatives and legislation that further the goals contained in Iowa City's Climate Action and Adaptation Plan and Accelerating Iowa City Climate Actions report. Iowa City encourages the State to adopt the 2021 International Energy Conservation Code and provide cities the ability to make local amendments. The city also encourages the state to initiate a statewide climate action plan and invest directly in environmental and ecological efforts that will support all Iowans. Support legislative changes to allow investor-owned utilities (such as MidAmerican) to implement community solar projects. Also known as "Virtual Net Metering" this allows citizens to buy into community solar projects for utility bill credits. This could be an excellent solution for interested rate users who don't have space, ownership, or sunshine for their own solar installation. Continue Resource Enhancement and Protection (REAP) funding. The REAP grant program has been critical for the improvements and protection of Iowa City's natural resources, park areas, and open spaces. In the 2021 Session, REAP was re -authorized to receive $20 million in funding until Fiscal Year 2026. However, the state legislature has historically appropriated less. For FY 2022, FY 2023, and FY 2024, REAP was appropriated $12 million. The city encourages the State to continue supporting REAP annually and to increase the FY 2025 annual appropriation to ensure the continued conservation of Iowa's natural resources. Strategic Plan Value: Advance social justice, racial equity, and human rights. Support legislation protecting the rights of manufactured housing residents. Recent sales of manufactured housing communities statewide and the resulting impact on those communities have led to discussions at both the state and local levels regarding how best to protect the rights of the families living in these communities. The City of Iowa City supports rights for the residents of manufactured housing which include rent protections including a statewide cap on frequency and percentage of increases and lengthened notice periods for proposed increases, uniform good cause eviction statewide standards, fair fee regulations Resolution No. 23-324 Page 2 including standardized time frames for assessing late fees, and fair lease provisions and effective enforcement mechanisms to combat illegal provisions. Additionally, when manufactured housing communities are put up for sale, residents should be offered the first right of purchase and be protected from premature eviction during the pursuit of local ownership. If displacement is forced as a last resort, the owners profiting from the sale of the park must be required to provide fair relocation assistance. The city also encourages the State to consider a tax credit program that incentivizes the transfer/sale of land to residents of the community, allowing them to build equity, and protects against "bad -actor' ownership. During the 2021 state legislative session, the City of Iowa City registered in support of several bills, which addressed many of these issues. Iowa City continues to support the protections for manufactured housing residents outlined in this bill and encourages the State to adopt such legislation. Continue the use of federal funding to support residents and businesses in recovery from the COVID-19 pandemic. Cities across Iowa are experiencing severe economic impacts due to the COVID-19 pandemic. Direct and flexible funding allocations to cities are essential to ensuring local needs are addressed adequately through locally viable and effective solutions. Iowa City encourages the State to continue investing available American Rescue Plan Act dollars and other federal funding in local municipalities to support Iowa residents and businesses in recovering from the COVID-19 pandemic. Support reform measures to reduce racial disparity in the criminal justice system and address systemic racism. In the state of Iowa, black people and persons of color represent a small percentage of the population but are significantly overrepresented in the criminal justice system. Discriminatory criminal justice policies and disparate enforcement outcomes should be addressed through state -standardized and streamlined data collection for traffic stops, uniform minimum implicit bias and cultural competency training requirements for law enforcement, and decriminalization of small amounts of marijuana. Iowa City supports the recommendations issued by the Governor's FOCUS Committee on Criminal Justice Reform to promote unbiased policing, which include requiring and automating data collection on race/ethnicity from traffic stops and adopting a statutory ban on disparate treatment in law enforcement activities. Additionally, the City requests the State conduct a statewide review of community police review boards and corresponding legislative policies to ensure these bodies have adequate oversight powers. Law enforcement agencies also need expanded legal avenues for addressing hate related acts. Currently, the State Hate Crimes provision, Iowa Code Chapter 729A, enhances the penalty for certain crimes when they are committed because of a person's race, color, religion, ancestry, national origin, political affiliation, sex, sexual orientation, age or disability, but harassment and trespass with the intent to harass are not included as enforceable offenses. Iowa City encourages the State to amend the existing Iowa hate crimes law to include harassment as an enhanceable offense. Reinstate Voter Approved Public Library Levies. 97 communities in Iowa, including Iowa City, have a special library levy in place as part of their public library funding structure, which provides direct allocation of tax revenues to library budgets. These levies were supported by public votes. The loss of the library levies resulting from recent legislation (HF781) means that resources, that were formerly allocated specifically for libraries, are no longer available to support voter -backed services. Iowa City advocates for reinstating voter -backed levies that were eliminated with the 2023 property tax reform legislation. After returning to their home districts several proponents of this legislation have expressed a change in position; thus, appearing to open this debate for new legislation in the next session. Protect and Support the Freedom of Movement for People using Local Public Transit. Resolution No. 23-324 Page 3 Thousands of Iowans depend on public transportation for work, education, healthcare, and many more daily needs. Currently, state law prohibits cities from enacting common sense safety protections for riders and drivers, such as weapon prohibitions. The city requests that the State allow public transportation providers the ability to restrict the open carrying of weapons while utilizing services. Current law would require scanning people and providing an armed guard on a bus to allow a weapon ban on public property. The high cost of such provisions makes it impractical to provide common sense safety protections for users of public transportation. Strategic Plan Value: Partnerships and Engagement. Support the University of Iowa Student Government (USG) proposal regarding rental property move -in checklists. HF 305 was introduced in the 2023 Iowa legislative session, which would require landlords to provide and use an inventory checklist at the start and end of a tenancy and included a process for implementation. Important requirements that protect tenants against unfair withholdings of rental deposits are detailed in the bill, including a list of required items to be included on the checklist, a file retention period, and a requirement for landlords to provide a copy of this documentation to'tenants. Iowa City registered in support of this proposal. With University of Iowa students representing a significant portion of rental tenants in Iowa City, the University's student government has advocated for these protections. Iowa City stands with USG in encouraging the State to pursue rental property move -in checklists. Support the continued excellence of the State's primary, secondary, and higher education institutions and advocate for additional education funding. Iowa's primary and secondary schools are fundamental drivers of the State's economic growth, standard of living, and future prosperity. It is essential for the success of the State and our local communities that support for our schools is a top priority in the State's budget and funding is responsive to COVID-19 impacts. The city also encourages the State to expand access, affordability, and quality of early childhood education and care. Specifically, the City supports increased reimbursement rates for Child Care Assistance (CCA) providers, to ensure families with parents who wish to enter the workforce can find and afford quality childcare The University of Iowa plays a critical role in supporting statewide economic, social, and cultural growth. It is important the State of Iowa provides the university with the needed resources to ensure the university's continued ability to facilitate growth opportunities in varied sectors of the business community. Likewise, community colleges play an important role in ensuring the continued competitiveness and inclusivity of the state's economy. The City encourages the State to carefully consider and support the legislative and financial priorities of the University of Iowa and Kirkwood Community College. Protect Home Rule authority for local governments. Local governments are uniquely positioned to respond to the needs and priorities of our residents and taxpayers. Cities innovate in response to local conditions and implement new ideas that can benefit the State as a whole, and more closely reflect the priorities of the public we serve. This includes local flexibility in local building codes, revenue options, and land use decisions. Support the legislative efforts of the Iowa League of Cities and the Metro Coalition In previous years, the City Council's adopted priorities included support for legislative efforts of the Iowa League of Cities and Metropolitan Coalition, an organization comprised of the State's largest cities. The 2024 legislative priorities will continue this practice. Resolution No. 23-324 Page 4 Passed and approved this 12th day of December 120 23 M&Ar Attest: C� City Clerk Approved by G . City Attor ey's Office -- JO -47 /a;� It was moved by Bergus and seconded by Taylor the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: Alter Bergus Harmsen Salih Taylor Teague Thomas � r •w���; City Council Supplemental Meeting Packet CITY OF IOWA CITY December 11, 2023 Information submitted between distribution of packet on Thursday and 4:00pm on Monday - Late Addition(s): 6.d. Sale of 1311 Sandusky Dr Resolution setting a public hearing for January 2, 2024, on a proposal to convey a single-family home located at 1311 Sandusky Drive. Comment: On December 12, 2023 City Council will set a public hearing for January 2, 2024 to consider a resolution authorizing the conveyance of 1311 Sandusky Dr. as part of the South District Program. This will be the seventh home sold under the program. L9.g. }Grant -Agreement with Free Medical Clinic for Facility Renovations _ --! Resolution authorizing the City Manager to sign a grant agreement with Iowa City Free Medical Clinic for facility renovations. Comment: This resolution will approve the allocation of $1,000,000 of State and Local Fiscal Recovery (SLRFR) funds to the Iowa City Free Medical Clinic to renovate their facility to accommodate more exam rooms, provide accessibility to the lower level, increase medical storage, including refrigerated medication, create a dental laboratory, administrative offices and acquire related medical equipment to serve a growing number of uninsured and underinsured individuals seeking care. 11.b. Announcement of Vacancies -New Ad Hoc Truth & Reconciliation Commission - One vacancy to fill an unexpired term, upon appointment ending December 31, 2024. (Eric Harris was removed by City Council on November 6, 2023) Applications must be received by 5:00 P.M., Tuesday, January 30, 2024. Late Handouts 10. Parks & Recreation Commission - See attendance chart. The incorrect chart was inadvertently attached. December 11, 2023 City of Iowa City Item Number: 9.g. CITY OF IOWA CITY COUNCIL ACTION REPORT December 11, 2023 Resolution authorizing the City Manager to sign a grant agreement with Iowa City Free Medical Clinic for facility renovations. Prepared By: Reviewed By: Fiscal Impact: Staff Recommendation Commission Recommendations: Attachments: Resolution Agreement Tracy Hightshoe, Neighborhood & Development Services Director Geoff Fruin, City Manager The City has been allocated $18,325,190 in ARPA-SLFRF funds. This agenda item would authorize expenditure of $1,000,000 of those funds. Approval NA Executive Summary: As part of the American Rescue Plan Act (ARPA), the City was awarded State and Local Fiscal Recovery (SLFRF) funds to respond to the COVID-19 pandemic. This resolution authorizes a grant agreement with Iowa City Free Medical Clinic for $1,000,000 to renovate their facility to accommodate the growing number of uninsured and underinsured individuals and allow them to utilize move volunteer practitioners, provide increased dental services, provide accessible access to the lower level, and increase medical storage, as well as refrigerated storage for medication. This resolution further authorizes the City Manager to amend the agreement as needed. Background /Analysis: In Fiscal Year (FY) 2023, the Free Medical Clinic provided 13% more health services than FY 2019, the year before the pandemic. Given the rate of service experienced in the first quarter of FY 2024, they are on course to provide 23% more in services than before the pandemic and 10% more than the past year. The Free Medical Clinic currently has a three-month wait for medical services and a 12 -month wait for dental care. Every day they must turn patients away. The pandemic highlighted existing health disparities between the insured and uninsured and exacerbated the negative impact lack of access to timely and quality health care has. Several of their patients work in low-wage jobs that offer no insurance or paid time off for illness and were among the first to be laid off when lockdowns and other restrictions went into place. The extremely poor and uninsured are known to have delayed or avoided any health measures during much of the pandemic which worsened and exacerbated health outcomes. Despite the Free Medical Clinic running COVID-19 vaccination clinics, many of their patients did not receive any vaccines and, as a result, are more likely to be suffering from residual effects of COVID today. As a result of these factors, the Free Medical Clinic is experiencing a greater patient demand and are servicing patients with more complex and challenging health concerns. Additionally they are seeing a spike in patients who, since May 2023, have lost access to the expanded Medicaid coverage that was offered as part of the pandemic response. This project provides $1,000,000 to renovate their facility, including HVAC improvements in both their main and lower level, to create the necessary space to assist more patients. The project will create at least four additional medical exam rooms, including a smaller "triage" room, to schedule more patients and utilize more volunteer practitioners during established clinic times. A triage room will allow them to administer blood pressure exams and injections without occupying a full equipped examination room. The project incudes the installation of an ADA compliant elevator and staircase to expand operations to the lower level. Additional office space in the lower level will allow the Free Medical Clinic to hire and house a full-time staff dentist, a development director, a diabetic educator and a social worker. The social worker will free up their Registered Nurse's time from negotiating patient assistance programs and other services the patients need. The project also includes a dental laboratory which will allow them to expand their types of dental services, including the ability to make molds and dentures as well as a multi-purpose room to host diabetic educational sessions, including cooking classes and other large group education which currently can only be held in their waiting room at times when the clinics aren't open. The multi-purpose room will also provide space for volunteer interpreters, clinic assistants, pharmacy and lab technicians to be when when they not actively serving patients. This will keep them out of the main office space and allow the staff to work more efficiently and keep noise levels down throughout the clinic. One of the many benefits of the project also includes an increased capacity to store medication that needs refrigeration. Increased storage allows them to distribute three month supplies to patients (versus one month) to accommodate the growing need for insulin by their patient population. The extra storage in the lower level will be accessible and make the upper level more spacious and easier to work in. Lastly, the project includes the acquisition of furnishings, medical equipment, AV and telecom equipment of outfit the new spaces. Prepared by: Susan Dulek, Frist Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 Resolution No. 23-325 Resolution authorizing the City Manager to sign a grant agreement with Iowa City Free Medical Clinic for facility renovations. Whereas, the Iowa City Free Medical Clinic is a non-profit organization providing access to affordable and free health case since 1971; and Whereas, the Iowa City Free Medical Clinic seeks to expand its medical and dental operations to address the increased demand for service that has resulted from the economic impacts of the COVID-19 pandemic; and Whereas, Iowa City Free Medical Clinic currently has a 3 -month waiting list for medical services and a 12 -month waiting list for dental care; and Whereas, the COVID-19 pandemic has had a significant impact on increasing health disparities and increasing medical demand; and Whereas, Iowa City Free Medical Clinic proposes to renovate its facility to serve the growing number of uninsured and underinsured individuals seeking care by allowing it to utilize more volunteer practitioners, increase the volume of medication it can store and dispense, accommodate medical equipment storage, and hire and house a full time dentist, a development director, a diabetic educator, and a social worker; and Whereas, the City desires to provide funds to allow the Iowa City Free Medical Clinic to expand its services; and Whereas, the expansion of the services as set forth in the attached Recipient Grant Agreement is a public purpose. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: The City Manager is authorized to execute the attached Recipient Grant Agreement and amendments thereto as needed. Passed and approved this 12th day of December, 2023. Attest: )'f LLP �)\ d '� a ("e, ity Clerk I _C Ma &0 Approved by � City AttomeA s Office (Sue Dulek — 1211112023) RECIPIENT GRANT AGREEMENT This Agreement is entered into between the City of Iowa City, a municipal corporation and the Iowa City Free Medical Clinic ("Recipient") on December Imo. 2023 in Iowa City, Iowa. Whereas, the Recipient seeks to expand Its medical and dental operations to address the increased demand for service that has resulted from the economic impacts of COVID-19 pandemic; and Whereas, FY23 saw an increase of 13% in services provided over FYI (before the pandemic); and Whereas, Recipient curren4yhas a 3 -month wafting listfor medical services and a 12 -month waiting list for dental care; and Whereas, the COVO-19 pandemic has had a significant impact on increasing health disparities and increasing medical demand; and Whereas, Recipient proposes to renovate its facility to serve the growing number of uninsured and underinsured individuals seeking care by allowing Recipient to utilize more volunteer practitioners, increase the volume of medication it can store and dispense, accommodate medical equipment storage, and hire and house a full time dentist, a development director, a diabetic educator and a social worker; and Whereas, the City desires to expense funds to allow Recipient to expand its services, and the services provided herein are for a public purpose. Now, therefore, the City and Recipient agree as follows: Effective Date and Term. This Agreement shall commence upon execution and remain in effect until December 31, 2038, unless terminated as provided herein. Funds. The City shall provide Recipient a total sum not to exceed $1,000,000 payable as provided herein. Use of Funds Recipient shall use the funds to renovate 2440 Towncrest Drive, Iowa City, Iowa (legally defined herein) ("Property') to include additional exam rooms, installation of an ADA compliant elevator and staircase, creation of a dental laboratory, administrative offices, increase refrigeration storage for medication, increase general storage, aoqulred related medical equipment, and related improvements. Budget. Eligible Cost Amount Upgrade Facility HVAC $118,000 Install ADA Compliant Elevator and Staircase $200,000 Lower level renovations to facilitate dental expansion (exam rooms, dental lab), multi- purpose room, and administrative offices $487,000 Upper level expansion to facilitate additional exam rooms and refrigerated medical stora e. $10,000 Total Construction Costs: $815,000 Architectural/Engineering, Related Soft Costs & Contingency $100,000 Equipment Costs (furnishings, medical equipment, AV and telecom equipment) $85,000 Total Cost $1,000,000 5. Payment. Drawdowns for the payment of eligible expenses shall be made against the budget outlined in paragraph herein entitled "Budget' and in accordance with performance. Payments shall be made for eligible expenses actually incurred by the Recipient, and not to exceed actual cash requirements. All funds must be expended no later than December 31, 2026. 6. Goals and Performance Measures. The Recipient shall provide medical and dental services at the "Property" to the uninsured and/or underinsured until December 31, 2038. The City will monitor the performance of the Recipient against goals and performance standards as stated above. Substandard performance as determined by the City will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Recipient within thirty days (30) days after being notified in writing by the City, termination procedures may be initiated as provided herein. Mortgage. This Agreement shall be secured by a mortgage on the Property legally described as follows: Auditor's Parcel No. 2009041, a portion of Lot 8, Block 2, Towncrest Addition to Iowa City, Iowa, according to the Plat of Survey recorded in Book 54, Page 91, Plat Records of Johnson County, Iowa, subject to easements and restrictions of record. Said mortgage shall secure all obligations of Recipient to City under this Agreement, and all amendments and modifications thereto, now existing or hereafter arising, whether direct or indirect, contingent or absolute. Recipient shall not encumber the real property without written consent of the City and shall not convey, assign, sell, or transfer any interest in the real property without the written consent of the City. 8. Insurance. Recipient shall procure and maintain for the duration of this Agreement, at its expense, insurance against claims for injury to persons and damage to property as follows: A Builders Risk policy in the amount of the building improvements and property insurance for 100% of the replacement cost of the building on an "all risk" or Special Clauses of Loss basis or equivalent form. Such insurance shall require that that City be notified at least ten (10) days in advance of the cancellation thereof. 9. Procurement. To the extent possible, Recipient shall procure all materials, property, or services in accordance with the requirements of 2 CFR 200.317-326. 10. Quarterly Reporting. Recipient shall provide quarterly reports at of the end of each fiscal quarter on the Quarterly Report Form, which is incorporated herein. Such reports shall be delivered to the City not later than the tenth (10'h) day following the end of each fiscal quarter (i.e., January 10, April 10, July 10 and October 10) and shall contain: a. The status of completion of the overall award, including all Activities; b. A narrative update of any progress made on each Activity during the quarter; c. The amount spent on each Activity during the quarter; and d. A certification that, as of such reporting date and at all times since the previous reporting date (or if none, since the date of the Grant Agreement), Recipient is and has been in full compliance with all terms of the Agreement. Such other items as the City shall reasonably request related to the Agreement. 11. City Recognition. Recipient shall insure recognition of the role of the City in providing funding through this Agreement. 12. Termination. For Cause The City may terminate this Agreement if the Recipient materially fails to comply with any terms of this Agreement, which include, but are not limited to, the following: Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and U.S. 14. Audits & Inspections. Throughout the retention period, all Recipient records with respect to any matters covered by this Agreement shall be made available to the City at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Recipient within 30 days after receipt by the Recipient. Failure of the Recipient to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The Recipient hereby agrees to have an annual agency audit conducted in accordance with 2 CFR Part 200, Subpart F for the funded years 2024, 2025 and 2026 and to provide the City with a copy within thirty (30) days of receipt. 15. Notices. All notices required to be given hereunder shall be in writing and deemed given when personally delivered or deposited in the United States mail, postage prepaid, sent certified or registered, addressed as follows: a. If to Recipient, to: Executive Director 2440 Towncrest Drive Iowa City, IA 52240 b. If to the City, to: City Attorney City of Iowa City 410 East Washington Street Iowa City, IA 52240 or to such other address or person as hereafter designated in writing by the applicable party in the manner provided in this paragraph for the giving of notices 16. Non Discrimination. Recipient shall not permit any of the following terms and practices: A. To discharge from employment or refuse to hire any individual or to discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, gender identity, disability, or handicap status. B. Recipient shall not deny to any person its services on the basis of race, creed, color, national original, religion, sex, marital status, sexual orientation, gender identity, disability, or handicap status 17. Third Party Beneficiary/Independent Contractor. The City's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act or omission of the Recipient or the City, shall be construed to create any special duty, relationship, third - party beneficiary, respondent superior, limited or general partnership, joint venture, or any Agreement nor the rights arising hereunder shall be assignable by either of the parties hereto to any third party without the prior written consent of the other party to this Agreement 24. Captions. The captions of the sections of this Agreement are for convenience of reference only and in no way define, limit or affect the scope or substance of any section of this Agreement. 25. Entire AgreemenVintearation. This Agreement constitutes the entire agreement between the City and the Recipient for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the City and the Recipient with respect to this Agreement. 26. Compliance with Laws In addition to the specific laws set forth in this Agreement, Recipient shall comply with all federal, state, and local laws. CITY OF IOWA CITY Geoff Fruin, City Manager IOWA CITY FREE N Approved: City Attorney's Office