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HomeMy WebLinkAbout2024-02-06 ResolutionItem Number: 6.b. CITY OF IOWA CITY COUNCIL ACTION REPORT February 6, 2024 Resolution adopting regulations governing the operation of Oakland Cemetery including lot owner rights, maintenance practices, and visitor rules and rescinding Resolution No. 17-65. Prepared By: Juli Seydell Johnson, Director of Parks & Recreation Reviewed By: Sue Dulek, Assistant City Attorney Geoff Fruin, City Manager Fiscal Impact: None Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Cemetery Regulations redline Resolution Cemetery Regulations clean copy Executive Summary: Resolution adopting regulations governing the operation of Oakland Cemetery including lot owner rights, maintenance practices, and visitor rules and rescinding Resolution No. 17-65. Changes largely update administrative language in regulations. The proposed changes clarify who may be interred in the military section of the cemetery, clarifies hours that internment are scheduled and allows for changes in designation to some flush monument lots. Background /Analysis: These changes update the Cemetery regulations to reflect current operations of the cemetery and clarify administrative language and procedures. The title of the ownership right to the lot or niche is changed from "cemetery deed" to "Certificate of Interment," which is the term used in the Code of Iowa, but the owner's rights under a Certificate of Interment remain the same as for those who own a cemetery deed. OAKLAND CEMETERY REGULATIONS Purchase of Lots Persons desiring to purchase a lot or niche in Oakland Cemetery are referred to the cemetery staff. Following the selection of a lot or niche, the prospective purchaser will need to pay for said lot/niche in full by either cash or check. The purchaser will be given a receipt for the transaction. The cemetery staff will take all funds and lot sale information to the City Clerk to have the Certificate of Interment issued, recorded and mailed to the purchaser. The Certificate of Interment will be placed only in the name(s) of a living person(s), except in the case of a single space purchased by the estate of the deceased when At the time of need, the cemetery lot must be fully paid prior to the opening of the grave or niche. Ownership Rights The term "lot owner" or 'ownership" shall be defined as the right to use a lot or niche, or part of a lot, as purchased from the City for burial purposes only, and under the existing and subsequent regulations as prescribed by the City for such use. Ownership of the right will be evidenced by a Certificate of Interment issued by the City. Lots or fractional lots, for which the City has issued Certificates of Interment (known as lot "cemetery deeds" prior to February 6, 2024), will not thereafter be divided except by consent of the City. This Certificate of Interment rights conveys only a right to be interred in the interment space(s) and in no way is any real estate title conveyed to the purchaser. All lots and niches are exempt from taxation and cannot be seized for debt (except those owed to the Cemetery) nor can they be mortgaged. The City shall have the right to assume, at all times, that the lot/niche owner acquired the lot/niche for the interment of the owner and family members. Unless otherwise directed in writing and filed with the City Clerk by the owner, devisees, or heirs, the City will permit the interment of family members at the request of any interested person upon the proof of eligibility for burial as follows: a. The surviving spouse of the lot/niche owner shall have the fust right to interment or to direct the right of interment. b. When there is no surviving spouse, the devisees or heirs of the owner may, by agreement in writing, determine who among them shall have the right of interment or direction of interment, which agreement shall be notarized and filed with the City Clerk. C. In the event the owner, devisees, or heirs shall not have arranged for future interment, then the devisees or heirs as the case may be, of such owner, shall have the right to interment in order of their need. Only persons whose names appear on the Cemetery records of the City will be recognized as owners or part owners of lots/niches. In the case of the will, a copy of the will provided by a law office, a copy filed as part of an estate proceeding, or a similar means that provides adequate verification of its authenticity, as solely determined by the City, shall be delivered to the City Clerk before the City will recognize the change in ownership. If the deceased lot/niche owner left no will, satisfactory proof of descent, as solely determined by the City, shall be presented. The Certificate of Interment invests the owner the right to use such lot(s) for burial purposes only, for themselves, their heirs, or any such person(s) as they may choose to admit, provided such admission is free of charge and without compensation and in accordance with the Cemetery Regulations. Lot/niche owners may not resell or transfer their lots/niches or parts of lots to anyone whomsoever. Transfer of a Certificate of Interment may be made only to the owner's spouse or children by the surrender of the original Certificate of Interment (or deed) and issuance of a new Certificate of Interment by the City to the new owners of lots/niches or parts of lots so transferred. Lot/niche owners desiring to dispose of lots/niche(s) or parts of lots, may upon surrender of the original Certificates of Interment (or deeds), sell the lots/niche(s) or part of lots, back to the City for a price not to exceed the original purchase price of the lot/niche. Niches cannot be repurchased if any engraving has been done. Certain older lots, no longer usable due to their small size, would have no resale value and are best left open. Said lots could be used, with the permission of the owners or heirs thereof, to further the Cemetery beautification plan. Interment The funeral director, or person(s) making arrangements, for the interment shall, as soon as there is knowledge of a pending service, notify the Cemetery staff. Said notification, including all information pertaining to the gravesite and additional information as required, shall be provided by the funeral director or person(s) assuming responsibility for the service. Based on the information given to them, Cemetery staff will locate the exact site and determine the earliest possible time a service can be held. When definite information for locating the gravesite is not available, the Cemetery staff will exercise its best judgment in making the location. The Cemetery assumes no responsibility for any error in such a location. If a burial permit is required by the Code of Iowa, Section 144.32, no burial will be allowed until a burial permit is provided to the Cemetery staff. 2 A charge for opening and closing the grave or niche, as well as the sodding or seeding of the grave, will be made at a current rate set by the City. The payment of said charge becomes the responsibility of the individual(s) in charge of interment. The account becomes due upon receipt of a statement issued by the City of Iowa City. Individuals, who make the arrangements, if not a funeral director, must make payment prior to the grave or niche opening. Graves shall be dug by Cemetery staff and shall conform to all applicable state laws. Only Cemetery staff shall open niches. A member of the Cemetery staff shall be present at every interment or service. The interment of bodies of persons who have died of a contagious disease shall be in strict accordance with the rules of the Iowa Department of Health and Human Services. If a permanent type of outer container is not used for the interment, a special charge will be levied to cover the extra maintenance required. Said special charge is listed in the Schedule of Rates and Charges. In areas of Oakland Cemetery established prior to January 1, 2000, the minimum container used for the interment of an adult body shall be an enclosed container with a bottom strong enough to support the weight of the body when lifting at each end. Full body interments made in areas established after January 1, 2000 require a permanent -type container of concrete or other approved material. The interment of more than one body in a single casket will not be allowed except in the case of a parent and infant or two children interred at the same time. The limitation of numbers of cremated remains allowed in one full body grave space purchased prior to July 1, 1991 is regulated only by space. Full body adult graves purchased after June 30, 1991 are limited to a maximum of four cremated remains each and only if planned in advance. In all cases, multiple interments and/or cremated remains, marker regulations must be observed. Interments requiring special consideration(s) of utilizing equipment not normally available to the Cemetery staff could be provided upon request. Adequate time must be allowed for preparation. Fees and charges must reflect the cost of the extra equipment, time and materials. Such practices must be arranged by advance notification. In addition to interment of cremated remains on family lots, there are two areas available for the interment of single cremated remains and a columbarium for the interment of single cremated remains. Locations and size restrictions can be obtained from Cemetery staff. Exceptions to allowing one cremated remains to a single space or niche will be made only in case of a parent and infant or two children interred at the same time. Only one urn may be placed in a niche. Cremated remains must be interred or inurned and may not be distributed into the atmosphere. Single burial spaces for infants/babies are available in two areas - Babyland with 2' x 4' spaces and Innocence with 2.5' x 4.5' spaces. No interments of a body other than that of a human being will be permitted. 3 Should weather become a factor, or when several burials occur in a one (1) or two (2) day period, the Cemetery staff shall schedule interments, working in close cooperation with the funeral directors. To avoid conflict, it will be necessary to honor service communications from the funeral directors according to the time received. An.,...,.-.,.....,.,.,.:bk- Interments will be scheduled to enter Oakland Cemetery no later than 3:00 p.m. Monday through Friday, and 1:00 p.m. Saturday. Interments that require work being done other than during regular work hours Monday through Friday will be charged extra at the current overtime rate for actual time spent. Interments will not be scheduled after 1:00 p.m. on Saturdays. permission Requests for burials outside of designated hours must be approved by the Director of the Department of Parks and Recreation, or designee. Request will only be approved for unique and unusual circumstances, as solely determined by the City. No interments will be scheduled on an official City holiday. Removal (Disinterment) Removals of bodies from graves in Oakland Cemetery will be done only by the City, in accordance with the requirements or the statutes of the State and the rules of the Iowa Department of Health and Human Services. Charges made by the City for removal will be made in accordance with the difficulty of the work and are payable in advance. The minimum charge will be equal to twice the current charge for opening a grave of similar size. Lot owners or their heirs desiring graves opened shall secure the necessary disinterment permit from the State and deliver it to the Cemetery staff. Public Lots Grandview Addition, Lots 60 through 70 and Lots 77 through 78 and Valleyview Lots 53 through 78 and Lots 131 through 156, have now been designated as a burial ground for those persons for whom no other place is provided. The graves will normally be dug in sequence and in an orderly fashion except in the case of a requested reservation of a space for a spouse or sibling(s). The requested reservation shall be made in writing and must be renewed annually. If the person being interred in the reserved space doesn't meet the requirements for burial assistance through Johnson County, the space must be purchased at the current rate and the full interment charge must be paid. The Cemetery staff shall record all interments. Military Lots The west one-fourth (W 1/4) of block thirteen (13) of Oakland Cemetery and any additional space that may be so designated by the Director, or designee, shall be designated as burial ground for any person who has served in the military and been honorably discharged and the service member's spouse. Note that as of 2/6/24, the lots available for service members and El their spouses are temporarily not identified due to the need for City staff to search and review old records in this section of block thirteen (13). Stone and Monument Work Monument dealers and the purchasers are encouraged to contact the Cemetery office prior to ordering a monument to check on monument restrictions. The City of Iowa City does not engage in stone or monument installation or repair; however, all stone and monument work within Oakland Cemetery shall be subject to the following regulations and requirements: All monuments must either be flush with the ground or be at least four inches (4") in height. The base for all -flush monuments or upright markers must correspond as closely as possible to the contour of the existing soil surface. No monument may be installed in such a fashion that it extends beyond the boundaries of the designated lot or grave, or that will interfere with future grave openings or the movement of the Cemetery maintenance equipment. Monuments and/or foundations may not be wider than 65% of the width of the space or spaces and may not be more than 24" from the front to back. Monuments may not be larger than the base. By request, exceptions may be made on larger lots in areas of the Cemetery that were established prior to 1974 or in areas of the 2001 expansion that will not interfere with the opening of graves or the movement of equipment. Polished bases or monuments polished to the ground are not recommended, and the City of Iowa City or its employees assume no liability for the actual damages in the performance of normal maintenance operations. The setting of monuments and the transportation of all tools, materials, etc., within the Cemetery grounds shall be subject to the supervision and control of the Cemetery management. No unnecessary damage to the existing turf will be allowed, and all debris is to be removed from the Cemetery except soil. Excess soil must either be removed from the Cemetery or may be placed in the Cemetery stockpile. It may not be used to fill in low areas or distributed on adjacent lots. Heavy trucking will not be permitted within the Cemetery when, in the opinion of the Cemetery management, such work might cause damage to the grounds or driveways. Once begun, all monument and stone work is to be completed and any accumulated debris is to be removed from the site within a seven-day period. All work must be done during regular Cemetery hours of operation, Monday through Friday, unless by special permission from the Cemetery management. b The local climate is such that marble is not recommended as a suitable material for monument use. Granite is a much more durable stone. Bronze is an acceptable material. Cemetery management prior to installation must approve other material. Only those lot pins set by the City of Iowa City are allowed in areas where lots/spaces are pinned individually. Stone work or monuments of any sort, once established in Oakland Cemetery, may not be removed except by permission of the Cemetery management. Details concerning monument restrictions for specific areas of Oakland Cemetery are found in Individual Lot Restrictions. The City reserves the right to approve the design and lettering on a monument and stone. Design and lettering that are profane, vulgar, or obscene will not be approved and are not allowed in the cemetery. No design or lettering that promotes or references a controlled substance will be approved or allowed. Vaults and Mausoleums Vaults or mausoleums are not permitted on lots less than 400 square feet and the portion of the lot occupied by the building shall not exceed 25%. In no case will permission be given to set the building nearer to the lot line than five (5) feet. Where the vault or mausoleum exceeds five (5) feet in height, the setback shall be five (5) feet plus one (1) foot for each additional foot or fraction thereof. All applications for permits to erect such structures shall be made in writing to the Cemetery management. Complete plans and specifications of the proposed construction, including details of materials, workmanship, method of construction, etc., shall accompany such an application, and the approval of the City of Iowa City shall be obtained before any construction work is begun. The City of Iowa City reserves the right to prohibit the erection or any structure that is not considered to be safe, suitable, desirable or appropriate Before any vault or mausoleum may be erected, the lot owner shall pay the City an amount of not less than ten percent (10%) of the cost of the structure. Check, cash, or credit card is to be made payable to the City of Iowa City and submitted to the Finance Department, and will be used by the City for the future care and maintenance of the structure and grounds. Vaults and mausoleums may be placed only on such lots considered to be appropriate for said purpose by the Cemetery management. Maintenance Practices Oakland Cemetery, a non -perpetual care cemetery, assumes all responsibility for the maintenance of all lots that have been sold or will be sold. All monies previously collected for perpetual care will be held in a separate trust and interest therefrom will be used to maintain 13 graves deeded under perpetual care. Landscaping and maintenance of the Cemetery, including all lots therein, shall be under the direction of the Cemetery staff. Permission for all permanent plantings must be acquired from the Cemetery staff. Permanent plantings that are planted without permission may be removed without notice. Generally, it will not be possible to locate evergreen or shrub plantings directly on the gravesite. In most cases, a nearby location will be designated as part of a group planting to enhance the entire area. Existing individual lot plantings may be trimmed or removed by the Cemetery staff when they have become unsightly or unmanageable. Individual plantings so removed may be replanted as a part of a group planting. No hedges, fences, or enclosures of any kind will be permitted on or around lots. Any objects that are obstructing the general maintenance of the Cemetery shall be removed without notice. Existing enclosures will be removed when they have deteriorated to an unattractive or unsafe condition. Live flowers in plastic or paper mache containers are most welcome and may be used at all times. Annuals or perennials planted on the graves must be limited to a small area directly next to the monument and must be mulched and tended by the planter. Plantings must be kept weed and grass free, and those that are not tended and become unsightly shall be removed without notice by Cemetery staff. Plantings must be on the respective lot and not extend more then 12" from the monument. The Cemetery staff assumes no responsibility for the preservation, maintenance, or protection of any type of grave decoration. Plants that must be removed for grave opening will be set to the side and are the planter's responsibility to replant. Placement of funeral or special anniversary flowers will be allowed for a period of approximately five days; after this period, they will be removed. Notification of placement of special flowers will be given to the Cemetery Superintendent. Artificial wreaths, artificial flowers, and holiday decorations may be used any time between November 15 to the end of February and for a period of four (4) days before and five (5) days after Memorial Day. After that period, if not claimed, they will be removed from the site. The Cemetery staff assumes no responsibility for lost or stolen articles. The use of flags and emblems may be used for a period of four (4) days before and five (5) days following Memorial Day, but they will be removed and stored, without responsibility for preservation, if still in place on the sixth day following Memorial Day. All wooden boxes, glass jars and bottles, toys, cans, wired flowers, and other objects that might create a mowing hazard will not be permitted during the mowing season except as designated and, when used, will be removed and disposed of by the Cemetery staff without notice. Shepherd's crooks are permitted, but when used they must be placed directly next to the side of the monument with the crook over the monument. All paintings or decorations placed on the crook must comply with all Cemetery decoration rules. Exceptions may be made in Babyland and Innocence sections if approved by the Cemetery management. 7 The City of Iowa City reserves the right for its staff and other persons to enter upon or cross over any lot in the Cemetery when deemed necessary to the performance of normal Cemetery operation. The City of Iowa City reserves the right to move monuments for the purpose of machine digging graves. The City of Iowa City assumes the responsibility for resetting the monument in a timely manner. The City of Iowa City, its officers, and employees are not responsible for property damage„ emotional distress, or any other loss suffered by a visitor or lot owner as the result of the City's operation of the cemetery or for any loss due to vandalism or other acts beyond the City's reasonable control. The lot owner should feel free to consult with the Cemetery staff regarding any item or clarification of the rules and regulations at any time. Rules for Visitors Visiting hours for the Cemetery are from 7:30 a.m. to 9:00 p.m. Visitors are requested to use designated walks and drives and not to trespass unnecessarily on Cemetery lots, pick any flowers, damage any shrub, tree or plant, or mar or deface any monument, stone or structure in the Cemetery. The use of materials such as are necessary to produce the art form known as rubbings or tracings are prohibited on any monument, stone or statuary within the boundary of Oakland Cemetery. Controlled use permits are required for all special projects or groups entering the Cemetery for purposes other than attending funeral services or a grave visitation. Special use permits are available at the Cemetery office or on the City of Iowa City web page at www.icgov.org. Arrangements must be made well in advance of need. Filming or videotaping of funeral proceedings is not allowed without permission from the immediate family. Brown Street is designated as the entrance and exit for vehicles in Oakland Cemetery. Vehicles traveling within the Cemetery shall observe the hours of visitation as previously stated and shall proceed at a rate not to exceed ten (10) miles per hour. Drivers should be aware at all times of the City's right to alter, change or close alleyways, roadways, and other physical properties of the Cemetery. Firearms may not be discharged inside the Cemetery. Blank ammunition may be discharged at military funerals and military services, such as Memorial Day. Special permission to discharge blank ammunition must be obtained in advance from the Cemetery Superintendent. Individual Lot Restrictions �;I Graceland, lots 1-281, Grandview, Prospect Hill, Fernland, Fairview and all numbered block sections, except for lots numbered above 92 in block 9 and 108 in block 29, are designated as having unrestricted monument privileges that permit the installation of both family monuments and individual grave monuments where the lot area is of sufficient size. The monument must be placed on solid ground and shall not interfere with future grave openings or the movement of Cemetery maintenance equipment. On Graceland Drive, the monument must be on the west for lots 1-110 and lots 160-208. The monument must be on the east for lots 111-159. Additional monuments, if used, must be flush with the contour of the existing ground. Glenview, Cedarview, Sunny Slope, and lots numbered above 92 in block 9 and 108 in block 29 have flush monuments. Only one monument per grave or a double monument, as for a married couple, for two adjoining graves is permitted. Innocence (an infant/baby area) monuments are restricted to 65% of the width of the space, or 20 inches, and may not be more than 10 inches from front to back. The monument must be placed at the west end of the lot and placed flush with the contour of the existing soil. Babyland monuments are restricted to 65% of the width of the space, or 15.6 inches, and may not be more than 9 inches from front to back. The monument must be placed at the west end of the lot. The monument must be on the west end of all lots in Rose Hill, Oak Green, and Graceland lots 282-331. Foot stones, if used, must be flush with the contour of the existing soil. Foot stones may be placed at any time on lots that are 12 feet long, but may be placed after burial only on lots that are 10 feet long. In the following sections, the Director may designate certain lots as restricted to flush monuments. Lots restricted to flush monuments will be shown on a map and/or a list available on the City website. Based on the reasonable needs of the Cemetery, as solely determined by the Director, the Director may change said designation. Oak Ridge, Sunrise In Deerview: Forrest Lawn: In Oakview Valleyview: Hickoryview: we Forestview and Cherish Columbarium: the City reserves the right to approve the design and lettering of any niche face or bud vase. Design and lettering that are not profane, vulgar, or obscene will not be approved and are not allowed in the cemetery, and no design or lettering that promotes or references a controlled substance will be approved or allowed. The face of a niche is 12" by 12". All engraving, inscription, lettering, symbols, insignias, etc. are to be cut into the polished face. No coloring or highlighting is allowed. The lettering for the name and dates shall be #9 Condensed Roman. Additional sayings must be #20 Vermarco. Attachments are limited to one small bud vase for cut flowers in the mowing season and artificial when allowed (see maintenance section of rules). No temporary attachments such as tape, wire, string or stickers are allowed. All bud vases shall be of the same style, size and color. Bud vases must be mounted on the right side of the niche and the decorations may not encroach on adjoining niches. Fees and Pavments The payment of fees and charges is due when billed by the City. Fees, rates and charges shall be specified herein or as established by the City Council. Revised: 2/24 (Resolution No. 24-_) 10 Prepared by: Susan Dulek, First Ass't. City Atty, 410 E. Washington St., Iowa City, IA 52240; 319/356-5030 Resolution No. 24-22 Resolution adopting regulations governing the operation of Oakland Cemetery including lot owner rights, maintenance practices, and visitor rules and rescinding Resolution No. 17-65. Whereas, Section 10-7-2 of the Iowa City Code provides regulations governing the operation of Oakland Cemetery shall be established by resolution of the City Council; and Whereas, City Council adopted regulations in Resolution No. 17-65; and Whereas, it is in the public interest to adopt the attached revised Oakland Cemetery Regulations. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: 1. The attached Oakland Cemetery Regulations is adopted. 2. Resolution No. 17-65 is rescinded. Passed and approved this 6th day of February, 2024. f" yor Attest: City berk Approved By: City Attor y ice (Sue Dulek - 01 /31/2024) Resolution No. Page 2 24-22 It was moved by Dunn and seconded by the Resolution be adopted, and upon roll call there were: Ayes: Nays: x Absent: lih Alter Bergus Dunn Harmsen Moe Salih Teague OAKLAND CEMETERY REGULATIONS Purchase of Lots Persons desiring to purchase a lot or niche in Oakland Cemetery are referred to the cemetery staff. Following the selection of a lot or niche, the prospective purchaser will need to pay for said lot/niche in full by either cash or check. The purchaser will be given a receipt for the transaction. The cemetery staff will take all funds and lot sale information to the City Clerk to have the Certificate of Interment issued, recorded and mailed to the purchaser. The Certificate of Interment will be placed only in the name(s) of a living person(s), except in the case of a single space purchased by the estate of the deceased. At the time of need, the cemetery lot must be fully paid prior to the opening of the grave or niche. Ownership Rights The term "lot owner" or "ownership" shall be defined as the right to use a lot or niche, or part of a lot, as purchased from the City for burial purposes only, and under the existing and subsequent regulations as prescribed by the City for such use. Ownership of the right will be evidenced by a Certificate of Interment issued by the City. Lots or fractional lots, for which the City has issued Certificates of Interment (known as lot "cemetery deeds" prior to February 6, 2024), will not thereafter be divided except by consent of the City. This Certificate of Interment rights conveys only a right to be interred in the interment space(s) and in no way is any real estate title conveyed to the purchaser. All lots and niches are exempt from taxation and cannot be seized for debt (except those owed to the Cemetery) nor can they be mortgaged. The City shall have the right to assume, at all times, that the lot/niche owner acquired the lot/niche for the interment of the owner and family members. Unless otherwise directed in writing and filed with the City Clerk by the owner, devisees, or heirs, the City will permit the interment of family members at the request of any interested person upon the proof of eligibility for burial as follows: a. The surviving spouse of the lot/niche owner shall have the first right to interment or to direct the right of interment. b. When there is no surviving spouse, the devisees or heirs of the owner may, by agreement in writing, determine who among them shall have the right of interment or direction of interment, which agreement shall be notarized and filed with the City Clerk. C. In the event the owner, devisees, or heirs shall not have arranged for future interment, then the devisees or heirs as the case may be, of such owner, shall have the right to interment in order of their need. Only persons whose names appear on the Cemetery records of the City will be recognized as owners or part owners of lots/niches. In the case of the will, a copy of the will provided by a law office, a copy filed as part of an estate proceeding, or a similar means that provides adequate verification of its authenticity, as solely determined by the City, shall be delivered to the City Clerk before the City will recognize the change in ownership. If the deceased lot/niche owner left no will, satisfactory proof of descent, as solely determined by the City, shall be presented. The Certificate of Interment invests the owner the right to use such lot(s) for burial purposes only, for themselves, their heirs, or any such person(s) as they may choose to admit, provided such admission is free of charge and without compensation and in accordance with the Cemetery Regulations. Lot/niche owners may not resell or transfer their lots/niches or parts of lots to anyone whomsoever. Transfer of a Certificate of Interment may be made only to the owner's spouse or children by the surrender of the original Certificate of Interment (or deed) and issuance of a new Certificate of Interment by the City to the new owners of lots/niches or parts of lots so transferred. Lot/niche owners desiring to dispose of lots/niche(s) or parts of lots, may upon surrender of the original Certificates of Interment (or deeds), sell the lots/niche(s) or part of lots, back to the City for a price not to exceed the original purchase price of the lot/niche. Niches cannot be repurchased if any engraving has been done. Certain older lots, no longer usable due to their small size, would have no resale value and are best left open. Said lots could be used, with the permission of the owners or heirs thereof, to further the Cemetery beautification plan. Interment The funeral director, or person(s) making arrangements, for the interment shall, as soon as there is knowledge of a pending service, notify the Cemetery staff. Said notification, including all information pertaining to the gravesite and additional information as required, shall be provided by the funeral director or person(s) assuming responsibility for the service. Based on the information given to them, Cemetery staff will locate the exact site and determine the earliest possible time a service can be held. When definite information for locating the gravesite is not available, the Cemetery staff will exercise its best judgment in making the location. The Cemetery assumes no responsibility for any error in such a location. If a burial permit is required by the Code of Iowa, Section 144.32, no burial will be allowed until a burial permit is provided to the Cemetery staff. A charge for opening and closing the grave or niche, as well as the sodding or seeding of the grave, will be made at a current rate set by the City. The payment of said charge becomes the responsibility of the individual(s) in charge of interment. The account becomes due upon receipt FA of a statement issued by the City of Iowa City. Individuals, who make the arrangements, if not a funeral director, must make payment prior to the grave or niche opening. Graves shall be dug by Cemetery staff and shall conform to all applicable state laws. Only Cemetery staff shall open niches. A member of the Cemetery staff shall be present at every interment or service. The interment of bodies of persons who have died of a contagious disease shall be in strict accordance with the rules of the Iowa Department of Health and Human Services. If a permanent type of outer container is not used for the interment, a special charge will be levied to cover the extra maintenance required. Said special charge is listed in the Schedule of Rates and Charges. In areas of Oakland Cemetery established prior to January 1, 2000, the minimum container used for the interment of an adult body shall be an enclosed container with a bottom strong enough to support the weight of the body when lifting at each end. Full body interments made in areas established after January 1, 2000, require a permanent -type container of concrete or other approved material. The interment of more than one body in a single casket will not be allowed except in the case of a parent and infant or two children interred at the same time. The limitation of numbers of cremated remains allowed in one full body grave space purchased prior to July 1, 1991, is regulated only by space. Full body adult graves purchased after June 30, 1991, are limited to a maximum of four cremated remains each and only if planned in advance. In all cases, multiple interments and/or cremated remains, marker regulations must be observed. Interments requiring special consideration(s) of utilizing equipment not normally available to the Cemetery staff could be provided upon request. Adequate time must be allowed for preparation. Fees and charges must reflect the cost of the extra equipment, time and materials. Such practices must be arranged by advance notification. In addition to interment of cremated remains on family lots, there are two areas available for the interment of single cremated remains and a columbarium for the interment of single cremated remains. Locations and size restrictions can be obtained from Cemetery staff. Exceptions to allowing one cremated remains to a single space or niche will be made only in case of a parent and infant or two children interred at the same time. Only one urn may be placed in a niche. Cremated remains must be interred or inumed and may not be distributed into the atmosphere. Single burial spaces for infants/babies are available in two areas - Babyland with 2' x 4' spaces and Innocence with 2.5' x 4.5' spaces. No interments of a body other than that of a human being will be permitted. Should weather become a factor, or when several burials occur in a one (1) or two (2) day period, the Cemetery staff shall schedule interments, working in close cooperation with the 3 funeral directors. To avoid conflict, it will be necessary to honor service communications from the funeral directors according to the time received. Interments will be scheduled to enter Oakland Cemetery no later than 3:00 p.m. Monday through Friday, and 1:00 p.m. Saturday. Interments that require work being done other than during regular work hours Monday through Friday will be charged extra at the current overtime rate for actual time spent. Interments will not be scheduled after 1:00 p.m. on Saturdays. Requests for burials outside of designated hours must be approved by the Director of the Department of Parks and Recreation, or designee. Request will only be approved for unique and unusual circumstances, as solely determined by the City. No interments will be scheduled on an official City holiday. Removal (Disinterment) Removals of bodies from graves in Oakland Cemetery will be done only by the City, in accordance with the requirements or the statutes of the State and the rules of the Iowa Department of Health and Human Services. Charges made by the City for removal will be made in accordance with the difficulty of the work and are payable in advance. The minimum charge will be equal to twice the current charge for opening a grave of similar size. Lot owners or their heirs desiring graves opened shall secure the necessary disinterment permit from the State and deliver it to the Cemetery staff. Public Lots Grandview Addition, Lots 60 through 70 and Lots 77 through 78 and Valleyview Lots 53 through 78 and Lots 131 through 156, have now been designated as a burial ground for those persons for whom no other place is provided. The graves will normally be dug in sequence and in an orderly fashion except in the case of a requested reservation of a space for a spouse or sibling(s). The requested reservation shall be made in writing and must be renewed annually. If the person being interred in the reserved space doesn't meet the requirements for burial assistance through Johnson County, the space must be purchased at the current rate and the full interment charge must be paid. The Cemetery staff shall record all interments. Military Lots The west one-fourth (W 1/4) of block thirteen (13) of Oakland Cemetery and any additional space that may be so designated by the Director, or designee, shall be designated as burial ground for any person who has served in the military and been honorably discharged and the service member's spouse. Note that as of 2/6/24, the lots available for service members and their spouses are temporarily not identified due to the need for City staff to search and review old records in this section of block thirteen (13). rd Stone and Monument Work Monument dealers and the purchasers are encouraged to contact the Cemetery office prior to ordering a monument to check on monument restrictions. The City of Iowa City does not engage in stone or monument installation or repair; however, all stone and monument work within Oakland Cemetery shall be subject to the following regulations and requirements: All monuments must either be flush with the ground or be at least four inches (4") in height. The base for all -flush monuments or upright markers must correspond as closely as possible to the contour of the existing soil surface. No monument may be installed in such a fashion that it extends beyond the boundaries of the designated lot or grave, or that will interfere with future grave openings or the movement of the Cemetery maintenance equipment. Monuments and/or foundations may not be wider than 65% of the width of the space or spaces and may not be more than 24" from the front to back. Monuments may not be larger than the base. By request, exceptions may be made on larger lots in areas of the Cemetery that were established prior to 1974 or in areas of the 2001 expansion that will not interfere with the opening of graves or the movement of equipment. Polished bases or monuments polished to the ground are not recommended, and the City of Iowa City or its employees assume no liability for the actual damages in the performance of normal maintenance operations. The setting of monuments and the transportation of all tools, materials, etc., within the Cemetery grounds shall be subject to the supervision and control of the Cemetery management. No unnecessary damage to the existing turf will be allowed, and all debris is to be removed from the Cemetery except soil. Excess soil must either be removed from the Cemetery or may be placed in the Cemetery stockpile. It may not be used to fill in low areas or distributed on adjacent lots. Heavy trucking will not be permitted within the Cemetery when, in the opinion of the Cemetery management, such work might cause damage to the grounds or driveways. Once begun, all monument and stone work is to be completed and any accumulated debris is to be removed from the site within a seven-day period. All work must be done during regular Cemetery hours of operation, Monday through Friday, unless by special permission from the Cemetery management. The local climate is such that marble is not recommended as a suitable material for monument use. Granite is a much more durable stone. Bronze is an acceptable material. Cemetery management prior to installation must approve other material. R Only those lot pins set by the City of Iowa City are allowed in areas where lots/spaces are pinned individually. Stone work or monuments of any sort, once established in Oakland Cemetery, may not be removed except by permission of the Cemetery management. Details concerning monument restrictions for specific areas of Oakland Cemetery are found in Individual Lot Restrictions. The City reserves the right to approve the design and lettering on a monument and stone. Design and lettering that are profane, vulgar, or obscene will not be approved and are not allowed in the cemetery. No design or lettering that promotes or references a controlled substance will be approved or allowed. Vaults and Mausoleums Vaults or mausoleums are not permitted on lots less than 400 square feet and the portion of the lot occupied by the building shall not exceed 25%. In no case will permission be given to set the building nearer to the lot line than five (5) feet. Where the vault or mausoleum exceeds five (5) feet in height, the setback shall be five (5) feet plus one (1) foot for each additional foot or fraction thereof. All applications for permits to erect such structures shall be made in writing to the Cemetery management. Complete plans and specifications of the proposed construction, including details of materials, workmanship, method of construction, etc., shall accompany such an application, and the approval of the City of Iowa City shall be obtained before any construction work is begun. The City of Iowa City reserves the right to prohibit the erection or any structure that is not considered to be safe, suitable, desirable or appropriate. Before any vault or mausoleum may be erected, the lot owner shall pay the City an amount of not less than ten percent (10%) of the cost of the structure. Check, cash, or credit card is to be made payable to the City of Iowa City and submitted to the Finance Department, and will be used by the City for the future care and maintenance of the structure and grounds. Vaults and mausoleums may be placed only on such lots considered to be appropriate for said purpose by the Cemetery management. Maintenance Practices Oakland Cemetery, a non -perpetual care cemetery, assumes all responsibility for the maintenance of all lots that have been sold or will be sold. All monies previously collected for perpetual care will be held in a separate trust and interest therefrom will be used to maintain graves deeded under perpetual care. Landscaping and maintenance of the Cemetery, including all lots therein, shall be under the direction of the Cemetery staff. Permission for all permanent plantings must be acquired from the Cemetery staff. Permanent plantings that are planted without permission may be removed without notice. 2 Generally, it will not be possible to locate evergreen or shrub plantings directly on the gravesite. In most cases, a nearby location will be designated as part of a group planting to enhance the entire area. Existing individual lot plantings may be trimmed or removed by the Cemetery staff when they have become unsightly or unmanageable. Individual plantings so removed may be replanted as a part of a group planting. No hedges, fences, or enclosures of any kind will be permitted on or around lots. Any objects that are obstructing the general maintenance of the Cemetery shall be removed without notice. Existing enclosures will be removed when they have deteriorated to an unattractive or unsafe condition. Live flowers in plastic or paper mache containers are most welcome and may be used at all times. Annuals or perennials planted on the graves must be limited to a small area directly next to the monument and must be mulched and tended by the planter. Plantings must be kept weed and grass free, and those that are not tended and become unsightly shall be removed without notice by Cemetery staff. Plantings must be on the respective lot and not extend more then 12" from the monument. The Cemetery staff assumes no responsibility for the preservation, maintenance, or protection of any type of grave decoration. Plants that must be removed for grave opening will be set to the side and are the planter's responsibility to replant. Placement of funeral or special anniversary flowers will be allowed for a period of approximately five days; after this period, they will be removed. Notification of placement of special flowers will be given to the Cemetery Superintendent. Artificial wreaths, artificial flowers, and holiday decorations may be used any time between November 15 to the end of February and for a period of four (4) days before and five (5) days after Memorial Day. After that period, if not claimed, they will be removed from the site. The Cemetery staff assumes no responsibility for lost or stolen articles. The use of flags and emblems may be used for a period of four (4) days before and five (5) days following Memorial Day, but they will be removed and stored, without responsibility for preservation, if still in place on the sixth day following Memorial Day. All wooden boxes, glass jars and bottles, toys, cans, wired flowers, and other objects that might create a mowing hazard will not be permitted during the mowing season except as designated and, when used, will be removed and disposed of by the Cemetery staff without notice. Shepherd's crooks are permitted, but when used they must be placed directly next to the side of the monument with the crook over the monument. All paintings or decorations placed on the crook must comply with all Cemetery decoration rules. Exceptions may be made in Babyland and Innocence sections if approved by the Cemetery management. The City of Iowa City reserves the right for its staff and other persons to enter upon or cross over any lot in the Cemetery when deemed necessary to the performance of normal Cemetery operation. 7 The City of Iowa City reserves the right to move monuments for the purpose of machine digging graves. The City of Iowa City assumes the responsibility for resetting the monument in a timely manner. The City of Iowa City, its officers, and employees are not responsible for property damage„ emotional distress, or any other loss suffered by a visitor or lot owner as the result of the City's operation of the cemetery or for any loss due to vandalism or other acts beyond the City's reasonable control. The lot owner should feel free to consult with the Cemetery staff regarding any item or clarification of the rules and regulations at any time. Rules for Visitors Visiting hours for the Cemetery are from 7:30 a.m. to 9:00 p.m. Visitors are requested to use designated walks and drives and not to trespass unnecessarily on Cemetery lots, pick any flowers, damage any shrub, tree or plant, or mar or deface any monument, stone or structure in the Cemetery. The use of materials such as are necessary to produce the art form known as rubbings or tracings are prohibited on any monument, stone or statuary within the boundary of Oakland Cemetery. Controlled use permits are required for all special projects or groups entering the Cemetery for purposes other than attending funeral services or a grave visitation. Special use permits are available at the Cemetery office or on the City of Iowa City web page at www.icgov.org. Arrangements must be made well in advance of need. Filming or videotaping of funeral proceedings is not allowed without permission from the immediate family. Brown Street is designated as the entrance and exit for vehicles in Oakland Cemetery. Vehicles traveling within the Cemetery shall observe the hours of visitation as previously stated and shall proceed at a rate not to exceed ten (10) miles per hour. Drivers should be aware at all times of the City's right to alter, change or close alleyways, roadways, and other physical properties of the Cemetery. Firearms may not be discharged inside the Cemetery. Blank ammunition may be discharged at military funerals and military services, such as Memorial Day. Special permission to discharge blank ammunition must be obtained in advance from the Cemetery Superintendent. Individual Lot Restrictions Graceland, lots 1-281, Grandview, Prospect Hill, Fernland, Fairview and all numbered block sections, except for lots numbered above 92 in block 9 and 108 in block 29, are designated as having unrestricted monument privileges that permit the installation of both family monuments and individual grave monuments where the lot area is of sufficient size. The monument must be placed on solid ground and shall not interfere with future grave openings or the movement of Cemetery maintenance equipment. On Graceland Drive, the monument must be on the west for lots 1-110 and lots 160-208. The monument must be on the east for lots 111-159. Additional monuments, if used, must be flush with the contour of the existing ground. Glenview, Cedarview, Sunny Slope, and lots numbered above 92 in block 9 and 108 in block 29 have flush monuments. Only one monument per grave or a double monument, as for a married couple, for two adjoining graves is permitted. Innocence (an infant/baby area) monuments are restricted to 65% of the width of the space, or 20 inches, and may not be more than 10 inches from front to back. The monument must be placed at the west end of the lot and placed flush with the contour of the existing soil. Babyland monuments are restricted to 65% of the width of the space, or 15.6 inches, and may not be more than 9 inches from front to back. The monument must be placed at the west end of the lot. The monument must be on the west end of all lots in Rose Hill, Oak Green, and Graceland lots 282-331. Foot stones, if used, must be flush with the contour of the existing soil. Foot stones may be placed at any time on lots that are 12 feet long, but may be placed after burial only on lots that are 10 feet long. In the following sections, the Director may designate certain lots as restricted to flush monuments. Lots restricted to flush monuments will be shown on a map and/or a list available on the City website. Based on the reasonable needs of the Cemetery, as solely determined by the Director, the Director may change said designation. Oak Ridge, Sunrise, Deerview, Forrest Lawn, Oakview, Valleyview, Hickoryview. Forestview and Cherish Columbarium: The City reserves the right to approve the design and lettering of any niche face or bud vase. Design and lettering that are not profane, vulgar, or obscene will not be approved and are not allowed in the cemetery, and no design or lettering that promotes or references a controlled substance will be approved or allowed. The face of a niche is 12" by 12". All engraving, inscription, lettering, symbols, insignias, etc. are to be cut into the polished face. No coloring or highlighting is allowed. The lettering for the name and dates shall be #9 Condensed Roman. Additional sayings must be #20 Vermarco. Attachments are limited to one small bud vase for cut flowers in the mowing season and artificial when allowed (see maintenance section of rules). No temporary attachments such as tape, wire, string or stickers are allowed. All bud vases shall be of the same style, size and color. Bud vases must be mounted on the right side of the niche and the decorations may not encroach on adjoining niches. E Fees and Payments The payment of fees and charges is due when billed by the City. Fees, rates and charges shall be specified herein or as established by the City Council. Revised: 2/24 (Resolution No. 24-22) 10 Item Number: 6.c. CITY OF IOWA CITY COUNCIL ACTION REPORT February 6, 2024 Resolution establishing a schedule of rates and charges for Oakland Cemetery and rescinding Resolution No. 23-55. Prepared By: Juli Seydell Johnson, Director of Parks & Recreation Reviewed By: Sue Dulek, Assistant City Attorney Geoff Fruin, City Manager Fiscal Impact: Increased revenue to offset increased Cemetery expenses. Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Cemetery rates and charges redline Resolution Cemetery rates and charges clean copy Executive Summary: The City Code requires the fees and charges for services at Oakland Cemetery be established by Council resolution. The major changes are to have one fee for weekend interments and the fee to be the same no matter which type of monument is placed on the lot. All fees are reviewed annually. Background /Analysis: Due to updates to the Cemetery regulations (a separate agenda item) that will limit late Saturday and Sunday interments, the proposed fee schedule no longer has varying weekend rates. Lot fees are also proposed to be the same no matter which type of monument is placed on the lot. Rev./2/6/24 RATES AND CHARGES for OAKLAND CEMETERY INTERMENTS (City residents) TYPE WEEKDAY 3 pm is the last available time for a weekday interment SATURDAY*** 1 pm it the last available time for a Saturday interment Infant $145.00 $195.00 Youth $450.00 $615.00 Adult $785.00 $1000.00 Cremation $345.00 $450.00 Columbarium Niches $300.00 $400.00 Non -Resident +50% +50% Disinterment Double the appropriate resident/non-resident weekday charge (minimum). NOTE: Interments outside of designated hours must be approved by the Director of Dept. of Parks and Recreation, and fees are double the weekday rate. No interments will be scheduled on an official City holiday. EQUIPMENT AND ADDITIONAL SERVICES Tent (optional) $110.00 $200.00 $200.00 Lowering Device (optional) $170.00 $280.00 $280.00 Extra Maintenance - Adult, No Vault $280.00 N/A N/A Finder's Fee NC* $95.00 $95.00 Weekday Overtime Actual Cost N/A N/A LOT SALES TYPE MONUMENT AREAS FLUSH MARKER AREAS Infant N/A $345.00 Youth/Adult $900.00** $900.00** * * * * Cremains N/A $450.00 Forestview Columbarium Niches N/A $900.00 Cherish Columbarium Niches N/A Single Niche $900.00 Double (dual) Niche $1550.00 Non-resident +50% +50% * Actual cost when overtime is incurred. This includes when extra staff is required (more than 3) for an internment. * * Can accommodate up to four cremation interments. * ** Partial = open grave weekday & close weekend or open weekend & close weekday. **** Persons purchasing flush markers before 2/6/24 may use above ground monuments for no extra fee. .G Prepared by: Susan Dulek, First Asst. City Atty, 410 E. Washington St., Iowa City, IA 52240; 319/356-5030 Resolution No. 24-23 Resolution establishing a schedule of rates and charges for Oakland Cemetery and rescinding Resolution No. 23-55. Whereas, Section 10-7-3 of the Iowa City Code provides rates and charges for services and burial spaces for Oakland Cemetery shall be established by resolution of the City Council; and Whereas, City Council adopted a schedule of rates and charges in Resolution No. 23-55; and Whereas, it is in the public interest to adopt the attached revised schedule of rates and charges for Oakland Cemetery. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: 1. The attached schedule of rates and charges for Oakland Cemetery is adopted. 2. Resolution No. 23-55 is rescinded. Passed and approved this 6th day of February, 2024. r Attest: Ci yt clerk Approved By: City Att n s ice (Sue Dulek — 01/31/2024) Resolution No. 24-23 Page 2 It was moved by Dunn adopted, and upon roll call there were: AYES: and seconded by NAYS: salih the Resolution be ABSENT: Alter Bergus Dunn Harmsen Moe Salih Teague Rev.2/6/24 RATES AND CHARGES for OAKLAND CEMETERY INTERMENTS (City residents) TYPE WEEKDAY 3 pm is the last available time for a weekday interment SATURDAY*** l pm is the last available time for a Saturday interment Infant $145.00 Youth $450.00 $615.00 Adult $785.00 $1000.00 Cremation $345.00 $450.00 Columbarium Niches $300.00 $400.00 Non -Resident +50% +50% Disinterment Double the appropriate resident/non-resident weekday charge (minimum). NOTE: Interments outside of designated hours must be approved by the Director of Dept. of Parks and Recreation, and fees are double the weekday rate. No interments will be scheduled on an official City holiday. EQUIPMENT AND ADDITIONAL SERVICES Tent (optional) $110.00 $200.00 $200.00 Lowering Device (optional) $170.00 $280.00 $280.00 Extra Maintenance - Adult, No Vault $280.00 N/A N/A Finder's Fee NC* $95.00 $95.00 Weekday Overtime Actual Cost N/A N/A LOT SALES TYPE MONUMENT AREAS FLUSH MARKER AREAS Infant N/A $345.00 Youth/Adult $900.00** $900.00** **** Cremains N/A $450.00 Forestview Columbarium Niches N/A $900.00 Cherish Columbarium Niches N/A Single Niche $900.00 Double (dual) Niche $1550.00 Non-resident +50% +50% * Actual cost when overtime is incurred. This includes when extra staff is required (more than 3) for an internment. ** Can accommodate up to four cremation interments. *** Partial = open grave weekday & close weekend or open weekend & close weekday. **** Persons purchasing flush markers before 2/6/24 may use above ground monuments for no extra fee. Item Number: 6.d. CITY OF IOWA CITY COUNCIL ACTION REPORT February 6, 2024 Resolution authorizing the procurement of one (1) new automated refuse truck. Prepared By: Dan Striegel- Equipment Superintendent Reviewed By: Ron Knoche, Director of Public Works Geoff Fruin, City Manager Fiscal Impact: $297,024.20; funds are available in account 81710520 Staff Recommendation: Approval Attachments: Resolution Executive Summary: At the February 6, 2024 City Council meeting, consideration will be given to a resolution authorizing the procurement of one (1) new automated side loading refuse truck. Truck will include a Labrie Expert 29 cubic yard refuse body with helping hand mounted on a new Freightliner M2106 Plus chassis with stand-up right-hand drive. Sourcewell Cooperative contract 091219 -LEG will be utilized for the procurement of the turn- key refuse truck from Kilburg Equipment in Sabula, IA. Price of the truck with contract discount and trade allowance is $297,054.20 as per Labrie/Sourcewell quote #3512 Rev. 0 dated December 20. 2023. Funding for this purchase is available in account 81710520. Background /Analysis: The Solid Waste Division has six automated refuse trucks in their fleet and truck #563 (2017 Freightliner M2106) is scheduled for replacement in November 2024. Currently, if the chassis order is placed in January 2024, the projected build date would be in early 2025. Body installation will be approximately 120 days after receipt of chassis. Price quoted includes a fair and reasonable trade allowance of $75,000.00 for current truck #563. t" Prepared by: Dan Striegel, Equipment Superintendent, 1200 S. Riverside Drive, Iowa City, IA 52246 (319) 356-5197 Resolution No. 24-24 Resolution authorizing the procurement of one (1) new automated refuse truck. Whereas, one automated refuse truck in Solid Waste Operations is scheduled for replacement in fiscal year 2025; and Whereas, Sourcewell cooperative contract 091219 -LEG will be utilized for the procurement of the truck; and Whereas, the total purchase price of the complete truck is $297,054.20; and Whereas, the amount exceeds the City Manager's spending authority of $200,000.00, thus requiring City Council approval; and Whereas, funds for this purchase are available in account 81710520; 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. The City Manager is authorized to take the steps necessary to effectuate the purchase and approve any change orders that may develop during the manufacturing process. Passed and approved this 6th day of February or 2024. Approved by Attest: `. .L �-1 - 1. (: iC��. City Clerk City Attor y's Office - 02/01/2024 Resolution No. 24-24 Page 2 It was moved by Dunn and seconded by salih the Resolution be adopted, and upon roll call there were: Ayes: Nays x x Absent: Alter Bergus Dunn Harmsen Moe Salih Teague Item Number: 6.e. CITY OF IOWA CITY COUNCIL ACTION REPORT February 6, 2024 Resolution accepting the work for the Scott Blvd Sidewalk Infill and Storm Sewer Improvement Project. Prepared By: Alin Dumachi — Sr. Civil Engineer Reviewed By: Jason Havel - City Engineer Ron Knoche - Public Works Director Geoff Fruin - City Manager Fiscal Impact: None Staff Recommendation: Approval Attachments: Engineer's Report - Scott Blvd. Sidewalk Resolution Executive Summary: Work on the project was recently completed by Bockenstedt Excavating, Inc. of Iowa City, Iowa in substantial accordance with the plans and specifications. The Engineer's Report and Performance and Payment bonds are on file with the City Clerk. Project Estimated Cost: $ 355,000.00 Project Bid Received: $ 437,061.50 Project Actual Cost: $ 450,910.59 Background /Analysis: This project constructed approximately 1400 linear feet of sidewalk connecting Eastbrook Flats to Court Hill Trail along Scott Boulevard, and Rita's Ranch Dog Park to Eastbrook Street. These two segments of sidewalk are a busy pedestrian and bicycle traffic area that connects American Legion Road to Scott Park and Rita's Ranch Dog Park. Scott Blvd Sidewalk Infill Project was included in the 2021 Capital Improvement Plan. The project also included the following design elements: • Additional sidewalk on east side of Scott Blvd and around Rita's Ranch Dog Park • New HMA shoulder • Complete reconstruction of the parking lot, with new HMA surface, delineated parking spaces for 14 cars, and 1 van accessible parking space • New curb ramps at Scott Park trail entrance to meet ADA compliance • Replacement of existing storm sewer system, with new storm sewer pipes and intakes January 23, 2024 City Council Iowa City, Iowa CITY OF IOWA CITY ENGINEER'S REPORT UNESCO CITY OF LITERATURE Iowa City, Iowa S2240-1826 319-356-5000 1 www,icgov,org Re: 2023 Scott Blvd Sidewalk Infill and Storm Sewer Improvement Project Dear City Council: I hereby certify that the 2024 Scott Blvd Sidewalk Infill and Storm Sewer Improvement Project has been completed by Sockenstedt Excavating, Inc. of Iowa City, Iowa, in substantial accordance with the Project Manual developed by the City of Iowa City Engineering Division. The project was bid as a unit price contract and the final contract price is $450,910.59. There were eight (8) change orders on this project, as follows: 1. Drain tile repair and route to Ralston Creek ($3,575.00). 2. Intake modification ($2,725.00) 3. Manhole modification ($3,950,00) 4. Pay item substitution (-$3,513.00) 5. Temporary traffic signals ($6,599.95) 6. Pavement removal, 8 -inch ($1,500.00) 7. 1 -inch water service connection for drinking fountain at Rita's Ranch Dog Park ($11,770.00) 8. Adjustment for final quantities (-$12,757.86). Total Cost Difference for Change Orders: $13,849.09 I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, s� Jason Havel, PE City Engineer Prepared by: Alin Dumachi, Sr. Civil Engineer, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5143 Resolution No. 24-25 Resolution accepting the work for the Scott Blvd Sidewalk Infill and Storm Sewer Improvement Project Whereas, the Engineering Division has recommended that the work for construction of the Scott Blvd Sidewalk Infill and Storm Sewer Improvement Project, as included in a contract between the City of Iowa City and Bockenstedt Excavating, Inc. of Iowa City, Iowa, dated July 121h, 2022, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Clerk's office; and Whereas, funds for this project are available in the Scott Blvd Sidewalk Infill and Storm Sewer Improvement Project account # S3964; and Whereas, the final contract price is $450,910.59. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 6th day of February , 2024 Attest: f, City Oerk Tn' � � �- -- ) M Approved by /W1 1, - City Attorn 's ice (Liz Craig — 02/01/2024) It was moved by Dunn and seconded by salih the Resolution be adopted, and upon roll call there were: Ayes: X X X X X X X Nays: Absent: Alter Bergus Dunn Harmsen Moe Salih Teague Item Number: 6.f. CITY OF IOWA CITY COUNCIL ACTION REPORT February 6, 2024 Resolution accepting the work for the 2023 Dual Extraction System Expansion Project. Prepared By: Joe Welter - Senior Civil Engineer Reviewed By: Jen Jordan - Resource Management Superintendent Jason Havel - City Engineer Ron Knoche - Public Works Director Geoff Fruin - City Manager Fiscal Impact: None Staff Recommendation: Approval Attachments: ER -LF Dual Expansion System.pdf 20240206 Accept Proj LF Dual Extraction ACM L3344 Res.docx Executive Summary: Construction of the 2023 Dual Extraction System Expansion Project has been completed by Connolly Construction, Inc. of Peosta, Iowa, in substantial accordance with the Project Manual developed by SCS Engineers. The Engineer's Report and the performance, payment and maintenance bond have been filed in the City Engineer's office. Project Estimated Cost: $115,000.00 Project Bid Received: $91,485.00 Project Actual Cost: $87,485.00 Background /Analysis: As part of the Iowa Department of Natural Resources (DNR) approved Assessment of Corrective Measures (ACM) Report, it was recommended that the dual extraction system be expanded to include Gas Wells GW -116 and GW -117. The dual extraction system uses air - powered pumps to extract leachate/condensate from the wells and sends it to the existing leachate collection system. The expansion to these two additional wells will aid in the natural attenuation of the groundwater, which is the selected remedy within the ACM Report. This construction project converted these two existing gas wells to dual extraction wells. As required, a report detailing the construction process and completed conditions was sent to the DNR. � r Ave CITY OF IOWA CITY UNESCO CITY OF LITERATURE 410 East Washington Street Iowa City, Iowa 52240-1826 319-356-5000 I www.icgov.org ENGINEER'S REPORT January 31, 2024 City Council Iowa City, Iowa Re: 2023 Dual Extraction System Expansion Project Dear City Council: I hereby certify that the 2023 Dual Extraction System Expansion Project has been completed by Connolly Construction, Inc. of Peosta, Iowa, in substantial accordance with the Project Manual developed by SCS Engineers. The project was bid as a unit price contract and the final contract price is $87,485.00. There was one change order on this project, as follows: Adjustment for Final Quantities (-$4,000.00) 1 recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, j�:z7 L� Jason Havel, PE City Engineer Prepared by: Joe Welter, Engineering Division, Public Works, 410 East Washington Street, Iowa City, Iowa 52240 (319) 356-5144 Resolution No. 24-26 Resolution accepting the work for the 2023 Dual Extraction System Expansion Project. Whereas, the Engineering Division has recommended that the work for construction of the 2023 Dual Extraction System Expansion Project, as included in a contract between the City of Iowa City and Connolly Construction, Inc. of Peosta, Iowa, dated October 20, 2023, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in the ACM Landfill Gas Infrastructure Expansion Project, Account Number L3344; and Whereas, the final contract price is $87,485.00. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 6th day of February 2024 0 Approved by t� Attest: ' C c' e-- L City Clerk City Atto ey's Office (Liz Craig — 02/01/2024) It was moved by Dunn and seconded by ga 1; b the Resolution be adopted, and upon roll call there were: Ayes: X X X —X X X Nays: Absent: Alter Bergus Dunn Harmsen Moe Salih Teague Item Number: 6.g. CITY OF IOWA CITY COUNCIL ACTION REPORT February 6, 2024 Resolution approving, authorizing and directing the Mayor to execute and the City Clerk to attest Amendment No. 3 to the March 3rd, 2020 Consultant Agreement by and between the City of Iowa City and SAM, LLC (formerly Midland GIS Solutions, LLC.), of Maryville, MO to provide consultant services for the Asset Management Project. Prepared By: Ben Clark — Senior Engineer Reviewed By: Jason Havel — City Engineer Ron Knoche — Public Works Director Geoff Fruin — City Manager Fiscal Impact: $400,000 available in the Storm Sewer Asset Inventory account M3638 Staff Recommendation: Approval Attachments: Resolution SAM - Consultant Agreement Executive Summary: This agenda item authorizes an amendment to the Consultant Agreement for the Asset Management Project to include GPS mapping and GIS development for the City's storm sewer system. Background /Analysis: The project originally included a study to recommend and assistance in implementing asset management software that could be utilized by City departments to manage physical assets and track maintenance. Previous amendments included user training, geodatabase redesign, implementation of a Citywide GIS Web application and water distribution and sanitary sewer GPS mapping and GIS development. This amendment will collect data on the City's storm sewer system and components and update storm sewer mapping, which is also a requirement of the City's National Pollution Discharge Elimination System (NPDES) Permit. Prepared by: Ben Clark, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319) 356-5436 Resolution No. 24-27 Resolution approving, authorizing and directing the Mayor to execute and the City Clerk to attest Amendment No. 3 to the March 31, 2020 Consultant Agreement by and between the City of Iowa City and SAM, LLC (formerly Midland GIS Solutions, LLC.), of Maryville, MO to provide consultant services for the Asset Management Project Whereas, the City entered into an Agreement on March 3rd, 2020, with the Consultant to provide services for the Asset Management Project; and Whereas, the original scope of services included a study to recommend and implement solutions to achieve an asset management system for the Project and included Sanitary Sewer Global Positioning System (GPS) Mapping and Geographic Information System (GIS) Development, and Whereas, based on the recommendations of the study, Amendment No.1, dated October 28, 2020, expanded the scope of services to include Tier 1 User Training, Geodatabase Redesign, and the implementation of a Citywide GIS Web application; and Whereas, Amendment No. 2, dated April 1, 2022, expanded the scope of services to include Water Distribution GPS Mapping and GIS Development; and Whereas, funds have now become available and the City desires to expand the scope of services to include Storm Sewer GPS Mapping and GIS Development; and Whereas, these additional services are beyond the scope of services described in the agreement, as amended; and Whereas, Consultant is willing to perform these additional services in exchange for a revised time of completion and additional compensation; and Whereas, funds are available in the Storm Sewer Asset Inventory account M3638. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The Consultant Agreement Amendment No. 3 attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Amendment No. 3. 3. The City Manager is authorized to execute amendments to the Consultant Agreement as they may become necessary. Passed and approved this 6th day of February , 2024 Resolution No. 24-27 Page 2 Attest: " City Clerk Ma Approved by G . City Attom s Office (Liz Craig - 02/01/2024) It was moved by Dunn and seconded by adopted, and upon roll call there were: Ayes: i� Nays: salih the Resolution be Absent: Alter Bergus Dunn Harmsen Moe Salih Teague Consultant Agreement Iowa City Asset Management Project Amendment No. 3 This Amendment No. 3 to the March 3, 2020, Consultant Agreement for the Asset Management Project, hereinafter referred to as the Project, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and SAM, LLC (formerly Midland GIS Solutions, LLC), hereinafter referred to as the Consultant, is made and entered into this 6th day Of February . 2024. Whereas, the original scope of services included a study to recommend and implement solutions to achieve an asset management system for the Project and included Sanitary Sewer Global Positioning System (GPS) Mapping and Geographic Information System (GIS) Development, and Whereas, based on the recommendations of the study, Amendment No. 1, dated October 28, 2020, expanded the scope of services to include Tier 1 User Training, Geodatabase Redesign, and the implementation of a Citywide GIS Web application; and Whereas, Amendment No. 2, dated April 1, 2022, expanded the scope of services to include Water Distribution GPS Mapping and GIS Development; and Whereas, funds have now become available and the City desires to expand the scope of services to include Storm Sewer GPS Mapping and GIS Development; and Whereas, these additional services are beyond the scope of services described in the agreement, as amended; and Whereas, Consultant is willing to perform these additional services in exchange for a revised time of completion and additional compensation; and Whereas, funds are available in the Storm Sewer Asset Inventory account M3638. Now Therefore, it is agreed by and between the parties hereto that the Agreement is hereby amended as follows: I. Scope of Services, as previously amended, is hereby further amended by adding the following: Consultant shall provide field asset inventory GPS mapping and GIS development services for the City's Storm Sewer System using Real Time Kinematic (RTK) Survey -Grade GPS technology with horizontal and vertical accuracy of ± 2 centimeters. Existing data shall supplement field asset inventory where feasible. • Project Kickoff Meeting Consultant shall conduct a meeting with the City to discuss and evaluate existing storm sewer mapping data to determine feasibility and appropriateness of inclusion in the asset inventory, review supplemental data available from the City and sharing procedures, and establish communication expectations for project updates and coordination between consultant field staff and City staff. • GIS Development Workshop Consultant shall conduct a workshop with the City to develop geodatabase elements Page 1 of 3 including centralized database storage, incremental data -backup throughout the inventory process, consistency and accuracy with appropriate rules and relationships applied to the data, requirements' of data fields and translations required for integration with asset management software upon completion of the inventory. • Existing Data Supplementation Consultant shall provide existing data cleanup, GIS data creation, quality assurance and quality control, check plot and City review and approval, implementation into the City's asset management program. Existing data includes the University of Iowa campus, Riverfront Crossings District Drainage Study, and North Westminster Drainage Area Study. • GPS Mapping Consultant shall field inventory and map storm sewer structures comprising the storm sewer system, defined as manholes, intakes, outfalls and culverts, and shall include the following attributes in the database: o Invert elevations of Incoming and outgoing mainlines and services o Pipe sizes o Pipe materials o Flow direction o Photograph o Condition rating o Visible obstructions o Major defects o Evidence of non -storm water discharges (illicit discharges) Field inventory and mapping shall include field data cleanup, GIS data creation, quality assurance and quality control, check plot and City review and approval, implementation into the City's asset management program. II. Time of Completion is hereby amended as follows. The above described scope of services shall be completed by December 31, 2024. III. Compensation for Services In consideration for the above-described scope of services, Consultant shall be compensated for the Project Kickoff Meeting, Geodatabase Design Workshop and Existing Data Supplementation on an hourly basis in accordance with the Standard Hourly Fee and Charges Schedule, attached to this Amendment and incorporated herein by this reference, not to exceed $25,000.00. For GPS Mapping, Consultant shall be compensated $55.00 per located and inventoried storm sewer structure. The total compensation for the above-described services shall not exceed $400,000.00 and the total compensation for the Scope of Services, as amended, shall not exceed $1,071,373.00 IV. All other provisions of the March 3, 2020, Consultant Agreement, as previously amended, not specifically amended herein shall remain in full force and effect. Page 2 of 3 For the City City of Iowa City By: For the Consultant Surveying and M pi g, LLC, I r By: Title: Mayor Title: Date: 02/06/2024 Date: Z S 2 4 - Attest: Attest: i>� �,1 Clic -� Attest: Approved by: City Attey's Office Date: P l — Page 3 of 3 Item Number: 6.11h. CITY OF IOWA CITY COUNCIL ACTION REPORT February 6, 2024 Resolution authorizing the acquisition of property interests necessary for construction of the High Street and Southgate Avenue Sidewalk Infill Project. Prepared By: Josh Slattery Reviewed By: Jason Havel - City Engineer Ron Knoche - Public Works Director Geoff Fruin - City Manager Fiscal Impact: Funding will be via the High Street & Southgate Ave Sidewalk Infill Project Account #S3984 Staff Recommendation: Approval Attachments: Resolution - High St Southgate Sidewalk Exhibit A Executive Summary: The High Street and Southgate Avenue Sidewalk Infill Project involves the construction of sidewalk along the south side of High Street between Wilson Street and Morningside Drive as well as along Southgate Avenue between 303 Southgate Avenue and the driveway for 367 Southgate Avenue. The Project's design has been completed and it has been determined that a temporary construction easement is needed on 367 Southgate Avenue. Background /Analysis: Currently, there are no sidewalks on either side of High Street between Wilson Street and Morningside Drive. Systems Unlimited owns the property at 1801 High Street, which is the western terminus of the proposed sidewalk. Systems Unlimited requested sidewalks because they have tenants with accessibility needs. This section of High Street is also located immediately west of City High. With the platting of the South Gilbert Commercial Development subdivision located at the southeast corner of Southgate Avenue and S. Gilbert Street, sidewalk was required to be installed along Southgate Avenue in front of the two lots between the CRANDIC railroad right-of-way and S. Gilbert Street. Sidewalk has already been installed adjacent to the one lot, 303 Southgate Avenue, and will be installed adjacent to the other lot, 225 Southgate Avenue, before the development of that lot is completed. This will then leave a gap in the sidewalk network in the railroad right-of-way and the roughly 40' between the west edge of the driveway for 367 Southgate Avenue and the railroad right-of-way. Prepared by: Josh Slattery, Engineering Division, 410 E. Washington St, Iowa City, IA 52240, 319-356-5419 6"k, Resolution No. 24-28 Resolution authorizing the acquisition of property interests necessary for construction of the High Street and Southgate Avenue Sidewalk Infill Project. Whereas, the City of Iowa City desires to construct the High Street and Southgate Avenue Sidewalk Infill Project ("Project") which includes construction of sidewalk along High Street between Wilson Street and Morningside Drive as well as along Southgate Avenue between 303 Southgate Avenue and the driveway for 367 Southgate Avenue; and Whereas, the City Council has determined that construction of the Project is a valid public purpose under State and Federal law, and has further determined that acquisition of certain property rights is necessary to construct, operate and maintain the proposed project; and Whereas, the City staff has determined the location of the proposed Project; and Whereas, City staff should be authorized to acquire necessary property rights at the best overall price to the City; and Whereas, funds for this project are available in the High Street & Southgate Ave. Sidewalk Infill Project account # S3984. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: The City Council finds that it is in the public interest to acquire property rights by warranty deed, quit -claim deed, and/or easement for the construction of the High Street and Southgate Avenue Sidewalk Infill Project ("Project") which Project constitutes a public improvement under Iowa law. The City Council further finds that acquisition of said property rights is necessary to carry out the functions of the Project, and that such Project constitutes a valid public purpose under state and federal law. 2. The City Council hereby approves the final route of this public improvement project, as shown in the attached Exhibit "A", attached hereto and incorporated herein by this reference. 3. The City Manager or designee is hereby authorized and directed to negotiate the purchase of property rights by warranty deed, quit -claim deed and/or easement for the construction, operation and maintenance of the Project. The City Manager or designee is authorized to sign purchase agreements for the purchase of property and/or easements, and offers to purchase property and/or easements. 4. The City Manager or designee, in consultation with the City Attorney's Office, is authorized and directed to establish, on behalf of City, an amount the City believes to be just compensation for the property to be acquired, and to make an offer to purchase the property for the established fair market value. 5. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized to execute and attest easement agreements and agreements in lieu of condemnation. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. Resolution No. 24-28 Page 2 6. In the event the necessary property rights for the Project cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for acquisition of any and all property rights necessary to fulfill the functions of the Project, as provided by law. Passed and approved this 6th day of Attest: )-U City Clerk February 20 24 Approved by City Att ney's Office (Liz Craig — 02/01/2024) It was moved by Dunn and seconded by salih the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: Alter Bergus Dunn Harmsen Moe Salih Teague l M Approved by City Att ney's Office (Liz Craig — 02/01/2024) It was moved by Dunn and seconded by salih the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: Alter Bergus Dunn Harmsen Moe Salih Teague bAZ j— A ,3 Em t ON HIGH SIT HI IGH Si CH Sl HIGH ST 1830 HIGH STREET 0, FA" LLL STREET 0 40' 234 LOVALL U) HIGH STREET (9 z 0 �w Lo 11 14325 HIGH STREET W05 HIGH SiRFILl 1 1811 HIGH ST 1 1815 111GIA SIRES I lao, Hicii srRECI 1819 HIGH SIT 'El i /Lill Lu z SOUTFIGATEAVENUE 0 w LL FA" 0 40' L Project GH STREET AND SOUTHGATE Sheet Tide: EXHIBIT "A" CITY OF IOWA CITY HIGH SIDEWALK INFILL I I Item Number: 6.i. Executive Summary: Preliminary design for the Kirkwood Avenue CRANDIC Railroad Crossing Project has been completed and easement needs within the project corridor have been identified. These easements are needed for the construction of the upcoming Kirkwood Avenue CRANDIC Railroad Crossing Project. Background /Analysis: The Project will reconstruct Kirkwood Avenue at the CRANDIC railroad crossing near Maiden Lane. The project includes new pavement and sidewalks, as well as improvements to the storm sewer intakes. Temporary easements are needed for the construction of the project, and areas disturbed by construction will be restored with paved surfaces similar to existing conditions. CITY OF IOWA CITY COUNCIL ACTION REPORT February 6, 2024 Resolution authorizing the acquisition of property interests necessary for construction of the Kirkwood Ave CRANDIC Railroad Crossing Project. Prepared By: Ethan Yoder - Civil Engineer Reviewed By: Jason Havel - City Engineer Ron Knoche - Public Works Director Geoff Fruin - City Manager Fiscal Impact: Funding will be via the Pavement Rehabilitation Project, Account #S3824 Staff Recommendation: Approval Attachments: Resolution Map - 20240125 Kirkwood Ave TCE Executive Summary: Preliminary design for the Kirkwood Avenue CRANDIC Railroad Crossing Project has been completed and easement needs within the project corridor have been identified. These easements are needed for the construction of the upcoming Kirkwood Avenue CRANDIC Railroad Crossing Project. Background /Analysis: The Project will reconstruct Kirkwood Avenue at the CRANDIC railroad crossing near Maiden Lane. The project includes new pavement and sidewalks, as well as improvements to the storm sewer intakes. Temporary easements are needed for the construction of the project, and areas disturbed by construction will be restored with paved surfaces similar to existing conditions. Prepared by. Ethan Yoder, Engineering Division, 410 E. Washington St, Iowa City, IA 52240, 319-356-5145 U� l Resolution No. 24-29 Resolution authorizing the acquisition of property interests necessary for construction of the Kirkwood Ave CRANDIC Railroad Crossing Project. Whereas, the City of Iowa City desires to construct the Kirkwood Avenue CRANDIC Railroad Crossing ("Project") which includes pavement and sidewalk; and Whereas, the City Council has determined that construction of the Project is a valid public purpose under State and Federal law, and has further determined that acquisition of certain property rights is necessary to construct, operate and maintain the proposed project; and Whereas, the City staff has determined the location of the proposed Project; and Whereas, City staff should be authorized to acquire necessary property rights at the best overall price to the City; and Whereas, funds for this project are available in the Pavement Rehabilitation account #S3824. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The City Council finds that it is in the public interest to acquire property rights by warranty deed, quit -claim deed, and/or easement for the construction of the Kirkwood Ave CRANDIC Railroad Crossing ("Project") which Project constitutes a public improvement under Iowa law. The City Council further finds that acquisition of said property rights is necessary to carry out the functions of the Project, and that such Project constitutes a valid public purpose under state and federal law. 2. The City Council hereby approves the site location of this public improvement project, as shown in the attached Exhibit "A", attached hereto and incorporated herein by this reference. 3. The City Manager or designee is hereby authorized and directed to negotiate the purchase of property rights by warranty deed, quit -claim deed and/or easement for the construction, operation and maintenance of the Project. The City Manager or designee is authorized to sign purchase agreements for the purchase of property and/or easements, and offers to purchase property and/or easements. 4. The City Manager or designee, in consultation with the City Attorney's Office, is authorized and directed to establish, on behalf of City, an amount the City believes to be just compensation for the property to be acquired, and to make an offer to purchase the property for the established fair market value. 5. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized to execute and attest easement agreements and agreements in lieu of condemnation. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. Resolution No. 24-29 Page 2 6. In the event the necessary property rights for the Project cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for acquisition of any and all property rights necessary to fulfill the functions of the Project, as provided by law. Passed and approved this 6th day of February 20_ 24 May r Attest: -J- C City Clerk It was moved by Dunn and seconded by adopted, and upon roll call there were: Ayes: Nays: Approved bby City Att ney's Office (Liz Craig - 02/01/2024) salih the Resolution be Absent: Alter Bergus Dunn Harmsen Moe Salih Teague EXHIBIT A TF.WPORAR Y CONSTRUCTIOV R,4SFWRYT PLAT TSB IMTSTWENT PROPERTIES Kirkwood Ave LEGAL DESCRIPTION A PART OF THE LOT OF COOK SARGENT AND DOWNEYS ADDITION AS SHOWN IN PLAT BOOK 4, PAGE 149 OF THE JOHNSON COUNTY RECORDERS OFFICE. COMMENCING AT THE NORTHEAST CORNER OF LOTS 1 AND 2 OF SAID PARCEL; THENCE WEST ALONG THE SOUTHERN ROW LINE 21.0 FT ALONG THE EAST WEST ROW OF KIRKWOOD AVE;THENCE SOUTH APPROXIMATELY 3.0 FT TO THE FACE OF THE BUILDING LOCATED AT 335 KIRKWOOD AVE; THENCE WEST ALONG THE FACE OF SAID BUILDING APPROXIMATELY 16.5 FT; THENCE SOUTH 4.5 FT ALONG THE BUILDING; THENCE EAST APPROXIMATELY 4.5 FT TO THE EXISTING NORTH -SOUTH ROW LINE OF MAIDEN LANE; THENCE NORTH ALONG THE ROW OF LINE OF MAIDEN LANE TO THE P.O.B. SAID EASEMENT APPROXIMATELY 84 SO FT M.O.L. CITY of 10 WA CITY EXHIBIT TEMPORARY CONSTRUCTION EASEMENT ENGINEERING DIVISION KIRKWOOD AVE RR CROSSING =1 14 E�l ne v CD Z3 R.O.W. LINE CENTER OF R.O.W. LINE EASEMENT AREA FOUND SECTION CORNER DRAWN BY: JEH SHEET NO. APPROVED BY: DATE: 1-16-2024 1 OF 1 SCALE: 1"=10' Item Number: 6.j. CITY OF IOWA CITY k� COUNCIL ACTION REPORT February 6, 2024 Resolution Approving Final Plat of Brickyard Hollow Iowa City, Iowa. (SUB23-0008) Attachments: Staff Report Final Plat Resolution To: City Council Item: SUB23-0008 Brickyard Hollow Final Plat GENERAL INFORMATION: Owner/Applicant: Contact Person: Requested Action: Purpose: Location: Location Map: Size: Existing Land Use and Zoning: STAFF REPORT Prepared by: Melanie Comer, Planning Intern and Anne Russett, Senior Planner Date: February 6, 2024 Matthew Hayek SACABALLC 120 E Washington St Iowa City, IA 52240 mhayek(aDhmsblaw.com Michael Welch Welch Design and Development michael(aDwelchdesigndevelopment.com Approval of final plat Brickyard Hollow Subdivision a resubdivision of of Outlot 14 in Iowa City Original Town to create nine individual lots and two outlots. Northeast corner of Brown Street and N Dodge Street, Iowa City, Iowa 2.31 Acres Undeveloped/Vacant Open Space, and Existing homes at 828 N Dodge Street and 714 and 728 Brown Street, Medium Density Single - Family Residential (RS -8) & Medium Density Single -Family Residential with a Historic District Overlay (OHD/RS-8) Surrounding Land Use and Zoning: Comprehensive Plan: District Plan: Neighborhood Open Space District: File Date: 60 Day Limitation Period: 2 North: Medium Density Single -Family Residential (RS -8), High Density Single -Family Residential (RS -12), Medium Density Multi -Family Residential (RM -20) South: Medium Density Single -Family Residential with a Historic District Overlay (RS-8/OHD) East: Neighborhood Public Zone (P-1) West: Low Density Single Family Residential with a Historic District Overlay (RS-5/OHD), Medium Density Single -Family Residential (RS -8), Medium Density Single -Family Residential with a Historic District Overlay (RS-8/OHD) 2-8 Dwelling Units Per Acre Central C1 November 20, 2023 Limitation period waved by the owner BACKGROUND INFORMATION: The applicant, SACABA, LLC, has submitted a final plat for Brickyard Hollow, a 2.31 -acre subdivision located at the northeast corner of Brown Street and N Dodge Street in Iowa City, Iowa (Attachment 1). The proposed subdivision creates nine residential lots, an outlot for private open space and two outlots. Outlot A is intended for private open space while outlot B is intended to meet the neighborhood open space requirements of Iowa City's zoning code. Three of the proposed lots contain existing homes. The additional six lots will allow development consistent with the standards of the RS -8 zone. Lots 1-5 are located within a Historic District Overlay zone. Development on these lots will require historic review. ANALYSIS: The final plat is in general compliance with the 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 February 6, 2024 City Council meeting. Environmentally Sensitive Areas: The application includes a final sensitive areas development plan since the site includes regulated sensitive features. This plat contains protected and critical slopes. Total critical slope area within the proposed final plat is 4,516 square feet. The total impacted area of these critical slopes within the development area is 1,540 square feet or 34%, which is less than the 35% disturbance which requires a level II sensitive areas review. Staff contacted the State Archeologist to determine the need for an archaeological site survey. The State Archaeologist did not recommend investigation of this site. The subject area does not contain any woodlands; however, it does contain groves of trees. Since there are no woodlands the woodland retention requirement does not apply. The final plat includes a conservation easement area to protect those sensitive features that will not be impacted. The sensitive areas development plan meets the base requirements of the sensitive areas ordinance and has been approved by staff. Neighborhood Open Space: According to section 14-5K of the City code, dedication of public open space or fee in lieu of land dedication is addressed at the time of final platting for residential subdivisions. The applicant intends to dedicate 0.03 acres of open space to the City of Iowa City to satisfy the neighborhood open space requirement of at least 0.0295 acres for this plat via outlot B. The dedication of open space will result in the slight expansion of Happy Hollow Park. Transportation & Infrastructure: Lots 6, 7, 8, and 9 have access from N Dodge Street, which is a State Highway. Lot 9 has an existing driveway. The Iowa DOT will be involved with reviewing access to these properties. The northern portion of Brown Street currently does not have a sidewalk. As part of the public improvements, a public sidewalk will be installed along Brown Street. It will connect with the existing drive to Happy Hollow Park and the existing sidewalk along N. Dodge Street. Stormwater management improvements are not required since the area of the final plat is less than 3 acres. NEXT STEPS: Once the final plat is approved, the applicant can submit building permit applications for development of the lots. Historic review will also be required for the lots located within the Historic District Overlay zone. STAFF RECOMMENDATION: Staff recommends approval of SUB23-0008, an application submitted by SABACA, LLC for a Final Plat for Brickyard Hollow, a resubdivision of Outlot 14 Iowa City Original Town Iowa City, Iowa. ATTACHMENTS: 1. Final Plat Approved by: Dance a itzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services C'UZLoZ 5 S K6O WES OF EX9°22'54"w 16O.63 1 r u 0 s:4g �� ssIVg BROWN STREET ,2 °NETAHLE FINAL PLAT BRICKYARD HOLLOW A RESUBDIVISION OF OUTLOT 14 IOWA CITY ORIGINAL TOWN IOWA CITY, IOWA OUrLOT B .13 �o OUTLOT A :sZgSII aSF RECORDED P AT THEREOF, IN THE COUNT SON COUNTY, IOWA RECORDERS OFFICE, HOPE PARTIAL ARLY DESCRIBED BEGINNIN G AT THE SOUTUEAS�ICDRNXER OF SAID GLITCH 14, THENCE NOO-52 14 VE 354 89 FEET ALONG THE CIA NE OF SAID GLITCH 14 TO THE NORTH LINE OF SAID GLITCH KH THENCE ALONG SAID NORTH LINE 589-48 08 VE 160 79 FEET, THENCE 500-56 39 C 53 00 FEET, THENCE 189-22 54 VE 160 63 FEET TO THE WEST LINE GO SAID GLITCH 14, THENCE 101 '12 51 C 203 62 FEET ALONG THE WEST IT E OF SAID GLITCH 14, THEN a N89-16 58 C 50 00 FEET, THENCE 500-29 50 E, 100 00 FEET TO THE SOUTH LINE OF SAID GULF OF 14, THENCE N89-17 02 C 270 77 FEET ALONG THE SOUTH LINE OF SAID GLITCH D4 TO THE POINT OF BEGINNING THE DES CRIBED AREA CONTAINS 2 31 ACRES AND IS SUBECT TO EASEMENTS AND OTHER RESTRICTIONS OF RECORD NOTES: 6 VO Rau17 .50000 62 07 THIRD PARTY COVENANT ANY NOTEDIVT. K°°o sUIF s ! � oKT� X.sf 6226 SF -u.1D 14.1 . � D . F -"-'l 5 29 ,..� s:4g �� ssIVg BROWN STREET ,2 °NETAHLE FINAL PLAT BRICKYARD HOLLOW A RESUBDIVISION OF OUTLOT 14 IOWA CITY ORIGINAL TOWN IOWA CITY, IOWA OUrLOT B .13 �o OUTLOT A :sZgSII aSF RECORDED P AT THEREOF, IN THE COUNT SON COUNTY, IOWA RECORDERS OFFICE, HOPE PARTIAL ARLY DESCRIBED BEGINNIN G AT THE SOUTUEAS�ICDRNXER OF SAID GLITCH 14, THENCE NOO-52 14 VE 354 89 FEET ALONG THE CIA NE OF SAID GLITCH 14 TO THE NORTH LINE OF SAID GLITCH KH THENCE ALONG SAID NORTH LINE 589-48 08 VE 160 79 FEET, THENCE 500-56 39 C 53 00 FEET, THENCE 189-22 54 VE 160 63 FEET TO THE WEST LINE GO SAID GLITCH 14, THENCE 101 '12 51 C 203 62 FEET ALONG THE WEST IT E OF SAID GLITCH 14, THEN a N89-16 58 C 50 00 FEET, THENCE 500-29 50 E, 100 00 FEET TO THE SOUTH LINE OF SAID GULF OF 14, THENCE N89-17 02 C 270 77 FEET ALONG THE SOUTH LINE OF SAID GLITCH D4 TO THE POINT OF BEGINNING THE DES CRIBED AREA CONTAINS 2 31 ACRES AND IS SUBECT TO EASEMENTS AND OTHER RESTRICTIONS OF RECORD CITY APPROVAL NOTES: I DOLE ON THIS PLAT ARE NOT INTENDED I CREATE ANY VESTED PRIVATE INTEREST IN ANY STATED USE RESTRICTI N OR COVENANT OR CREATE ANY THIRD PARTY COVENANT ANY NOTEDIVT. Orvmroe3)2011) STATE PLArv50TH ZONE � Tmsc, v, AND erssuSTEa To IOWA DOT ESTMIT oojv _ QUIREMFOR NTRANCE PER ENTS 4 THE UNITED es POSTAL SERVICE (USPS) HAS GRANTED A WAIVER FOR THE LAPPv HOLLOW MAILBOX CLUSTER REQUIREMENT RK 9K43 P62e4 OUTLOT USE AREA GLITCH WD (AD INTEND �,so4 0 30SATISFY SPACEIGHBORHOOD OPEN REQUIREMENT (o. mss ACES REQUIRED) CITY APPROVAL ICITY CLERK 1 128 �' **A.,M, . . ���m.s SUBDIVIDER AGORA, LC 120 E WASHINGTON STREET IOWA CITY CA 52240 920 5 FLASHY SUBDIVI ERE ATTORNEYMIKE KENNEDY<ENNEDY, GENIAL, CRONK A,RVATE STREEET IOWA CITY CA 52240 PLAT PREPARED BY WE Ci DESIGN AND DEVELOPMENT CO BOX 679 ORTH LIBERTY, CA 52317 ND AXIOM CONSUL ANNE 300 5 CLINTON STREET, UNIT 200 IOWA CITY, CA 52240 o. gT vam­sexe °Ez77J/J STATE OF IOWA ) ) SS JOHNSON COUNTY ) 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. 24-31 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 6th day of February 2024, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 4 day of February 2024_ .(-� C 4I , c _aC.e_' Kellie k. Grace City Clerk fires 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 9 (319) 356-5000 • FAX (319) 356-5009 Doc ID: 032235060025 Type: GEN Kind: SUBDIVISION Recorded: 02/27/2024 at 02:02:55 PM Fee Amt: $127.00 Page 1 of 25 Johnson County Iowa Kim Painter County Recorder BK6545 PG93-117 City of �D k STATE OF IOWA ) ) SS JOHNSON COUNTY ) 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. 24-31 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 6th day of February 2024, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 4 day of February 2024_ .(-� C 4I , c _aC.e_' Kellie k. Grace City Clerk fires 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 9 (319) 356-5000 • FAX (319) 356-5009 Prepared by: Anne Russett, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (SUB23-0008) Resolution No. 24-31 Resolution Approving Final Plat of Brickyard Hallow Iowa City, Iowa. (SUB23-0008) Whereas, the owner, SACABA, LLC, applied for a resubdivision of Outlot 14 Iowa City Original Town to create nine individual lots and two outlots; and Whereas, said subdivision is located on the following -described real estate in Iowa City, Johnson County, Iowa, to wit: BEGINNING at the southwest corner of Outlot 14 in Iowa City Original Town, according to the recorded plat thereof, in the Johnson County, Iowa Recorder's Office; Thence N00052'14"W, 354.89 feet along the East Line of said Outlot 14 to the North Line of said Outlot 14; Thence along said North Line S89048'08"W, 160.79 feet; Thence S00056'39"E, 53.00 feet; Thence S89022'54"W, 160.63 feet to the West Line of said Outlot 14; Thence S01°12'51"E, 203.62 feet along the West Line of said Outlot 14; Thence N89°16'58"E, 50.00 feet; Thence S00029'50"E, 100.00 feet to the South Line of said Outlot 14; Thence N89'1 7'02"E, 270.77 feet along the South Line of said Outlot 14 to the POINT OF BEGINNING. The described area contains 2.31 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, Outlot B shall be dedicated to the public to satisfy neighborhood open space requirements and expand Happy Hollow Park; and Whereas, the preliminary and final sensitive areas development plan is subject to a Level I review and has been reviewed and approved by staff per Title 14, Article I of the municipal code; and Whereas, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2024) 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 and Outlot B as set forth in the subdivider's agreement hereby approved. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner. Resolution No. 24-31 Page 2 Passed and approved this 6th day of February 2024. Ma r Attest: t/�I ,f h no.P� City Clerk Approved by City Att ey's Office (Sara Hektoen — 02/0112024) It was moved by Dunn and seconded by Alter the Resolution be adopted, and upon roll call there were: Ayes: M Pcd/templates/Rea010on_1 ,doc.doc Nays: Absent: Alter Bergus Dunn Harmsen Moe Salih Teague Abstain x Item Number: 6.k. CITY OF IOWA CITY COUNCIL ACTION REPORT February 6, 2024 Resolution approving the settlement of pending litigation. Prepared By: Eric Goers, City Attorney Reviewed By: Geoff Fruin, City Manager Fiscal Impact: $500,000, inclusive of all costs of defense, payable out of the City's Risk Management Fund Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Resolution Settlement Agreement Executive Summary: This item approves a settlement agreement negotiated by staff and the City's insurer to resolve litigation filed by a former employee against the City. The total settlement amount is $925,000. The total out-of-pocket cost to the City in this matter is $500,000, with the City's insurance provider paying all remaining costs. Background /Analysis: The global release and settlement agreement pertains to claims asserted by a former employee that separated employment with the City of Iowa City on or about January 4, 2022. The settlement will release the City and its officers from all common law, statutory, and other causes of action related to the former employee's lawsuit and employment with the City. The settlement total of $925,000 includes payments to the former employee totaling $516,308.07, as well payments to the Municipal Fire & Police Retirement System ($37,500) and the employee's legal counsel ($371,191.93). The City's out-of-pocket costs is limited to $500,000 with the balance being paid by the City's insurer. The City's payment will be taken from the Risk Management Fund, which is supported by the Tort Liability levy. The settlement agreement does not constitute an admission of liability but reflects a mutual agreement to resolve an ongoing dispute, avoiding a prolonged and expensive legal conflict. The City of Iowa City is resolute in its mission to foster a culture of respect and inclusivity that promotes a safe and welcoming workplace for all employees, while simultaneously delivering high-quality municipal services to the community with exceptional technical skill and personal compassion. Prepared by: Eric R. Goers, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030. Resolution No. 24-30 Resolution approving the settlement of pending litigation. Whereas, Sadie McDowell filed a lawsuit in Iowa District Court for Johnson County, No. LACV083631, against the City of Iowa City, alleging employment discrimination on August 31, 2022; and Whereas, the parties have come to a mutual agreement to settle the ongoing dispute, avoiding a prolonged and expensive legal conflict; and Whereas, the City's insurer, which will be paying all settlement and defense costs over $500,000, supports the settlement. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The above-named litigation should be and is hereby settled and ratified for the total sum of $925,000, as set forth in the attached Global Release & Settlement Agreement. / . I /,Y,- 2. The City Council for the City of Iowa City hereby approves the attached Global Release & Settlement Agreement as being in the best interests of the City of Iowa City and the parties involved, ratifies said settlement as provided by law, and confirms that said settlement is hereby ratified, contingent upon dismissal of the litigation. 3. The Mayor is authorized to execute the attached Global Release & Settlement Agreement, and the City Attorney is delegated authority to take all steps he deems necessary to effectuate the settlement. Passed and approved this 6th day of February , 2024. Ma or Approved by Attest: City Clerk City Attorn 's Office - 01 /31/2024 It was moved by Dunn and seconded by sa i ; h the Resolution be adopted, and upon roll call there were: Ayes: 4R Nays: Absent: Alter Bergus Dunn Harmsen Moe Salih Teague GLOBAL RELEASE & SETTLEMENT AGREEMENT This Global Release & Settlement Agreement ("Agreement") is entered into between Sadie McDowell, an individual (referred to herein as "McDowell"), and The City of Iowa City, Iowa (referred to herein as the "City"), for the consideration and mutual promises hereinafter stated. McDowell and the City are sometimes referred to collectively as the "parties" or individually as a party. WHEREAS, McDowell has asserted claims of sex and/or sexual orientation discrimination, discrimination, racial discrimination, sex and/or sexual orientation harassment, harassment, hostile work environment, assault, sexual assault, retaliation, denial of benefits, failure to promote, lack of appointment, constructive termination, and termination against the City arising out of events during McDowell's employment with City and through the separation of McDowell's employment on or about January 4, 2022; WHEREAS, McDowell filed a complaint with the Iowa Civil Rights Commission that was cross -filed with the Equal Employment Opportunity Commission entitled Sadie McDowell v. Iowa City Fire Department, (CP#09-21-77160, EEOC#26A-2021-00794C) (herein after referred to as the "Agency Complaint"); WHEREAS, McDowell filed a petition and an amended petition with the Iowa District Court for Johnson County entitled Sadie McDowell v. City of Iowa City, Iowa, Case. No. LACV083631 (herein after referred to as the "Litigation"); WHEREAS, City has denied and continues to deny any and all accusations and liability related to McDowell's allegations; and WHEREAS, the parties to this Agreement wish to settle and compromise the disputes and claims between each other as set forth in the Agreement related to any facts, acts, events, or otherwise pertaining to McDowell's employment with City, which have or could have been asserted through the present date, without the necessity of litigation and/or a trial on the merits with all of the attendant expenses, all without admission of wrongful conduct, fault, or culpability on the part of the parties; THEREFORE, the parties, in consideration of the foregoing and the payments and mutual promises set forth in this Agreement, agree as follows: 1. Consideration. It is understood and agreed by McDowell that as full, sufficient, and complete consideration for McDowell's promises and releases made herein, the following payments of a combined total amount of Nine Hundred and Twenty -Five Thousand Dollars and Zero Cents ($925,000.00) shall be made: 1.1 City shall tender upon execution of this Agreement the combined total sum of Ninety - Two Thousand Five Hundred Dollars and 00/100 ($92,500.00), minus all applicable withholdings and employment taxes, in the form of a check payable to Sadie McDowell in full and final settlement of all McDowell's claims for lost wages. A form W-2 will be issued to McDowell with respect to this payment; DOC ID: dd95ac0209c8b160565005c4ca4a35a94deebfc8 1.2 City shall tender upon execution of this Agreement the combined total sum of Four Hundred Twenty -Three Thousand Eight Hundred Eight Dollars and 07/100 ($423,808.07) in the form of a check payable to Sadie McDowell in full and final settlement of all McDowell's claims for emotional distress damages. A form 1099 will be issued to McDowell with respect to this payment; 1.3 City shall tender upon execution of this Agreement the combined total sum of Three Hundred Seventy -One Thousand One Hundred Ninety -One Dollars ,and 93/100 ($371,191.93) in the form of a check payable to Fiedler Law Firm, P.L.C., McDowell's legal counsel, in full and final settlement of any and all outstanding claims for attorneys' fees and costs. All appropriate 1099's will be issued with respect to this payment; and 1.4 City shall tender upon execution of this Agreement the combined total sum of Thirty - Seven Thousand Five Hundred Dollars ($37,500.00) in the form of a check payable to Municipal Fire & Police Retirement System of Iowa ("MFPRSI") in full and final settlement and resolution of MFPRSI's lien/subrogation interests. MFPRSI will file a full satisfaction of its lien/subrogation interests with the Iowa District Court in the Litigation. The City will also pay the mediation expense as part of this Agreement. Said sums shall be paid in order to avoid the cost of litigation and are full payments for settlement of all claims that were or could have been raised by McDowell now or any time in the future based upon facts now known or unknown. The City will not be liable in any manner for the distribution, division, or payment of any portion of these funds to or involving any other claimants thereto. Upon tender of the respective sums, the City will have fully met its obligations under this Agreement. 2. Valid Consideration. McDowell expressly agrees and acknowledges that the payments described in Paragraph 1 above are not payments to which she is otherwise entitled. Except as stated in this Agreement, McDowell shall not be entitled to any compensation, remuneration, benefits, or other payments from City. 3. Taxes. McDowell agrees that if any state, federal, or local taxes are owing from her on the sums set forth in Paragraph 1 and its subsections that she will assume all responsibility for payment of any such taxes, together with any interest and/or penalties due thereon to any state, federal, or local authority. The City will pay its share of payroll taxes on the payment described in Paragraph 1.1. 4. Release. McDowell, with full understanding of the contents and legal effect of this Release and on the advice of her counsel, freely and voluntarily promises to and does hereby completely release and forever discharge the City and its former or present representatives, agents, attorneys, employees, officers, directors, elected officials, successors, subsidiaries, parent companies, affiliated entities, assigns and insurers including but not limited to the City, the Iowa City Fire Department, Argonaut Insurance Company, and Sedgwick Claims Management Services, Inc. (hereinafter collectively referred to as "Released Parties," and individually as a "Released Party"), from any and all liability, and suits of every kind and nature, known or unknown, foreseen or DOC ID: dd95ac0209c8bl60565005c4ca4a35a94deebfc8 unforeseen, that McDowell may have against a Released Party as set forth in the Agency Complaint, Litigation, and/or arising out of any aspect of McDowell's employment, employment separation, investigation, relationship, and/or affiliation with the City prior to her execution of this Agreement. McDowell agrees her release of claims would include, but not be limited to, any and all claims under or based upon: (i) Title VII of the Civil Rights Act of 1964, as amended in 1991, 42 U.S.C. §2000e, et seq.; (ii) The Older Workers Benefits Protection Act, as amended; (iii) The Americans with Disabilities Act, as amended; (iv) The Family and Medical Leave Act; (v) The United States Constitution; (vi) The Age Discrimination in Employment Act, 29 U.S.C. §621, et seq.; (vii) The Iowa Constitution; (viii) Iowa Civil Rights Act; (ix) Any claims alleging wrongful discharge and/or breach of any alleged employment contract; (x) Any claims alleging tort, such as invasion of privacy, defamation, fraud, and/or infliction of emotional distress; (xi) Any whistleblower claims; (xii) Any retaliation claims; (xiii) Any other civil rights or human rights statutes; (xiv) Any other local, state or federal statute or ordinance; and (xv) Any other claims rooted in common or contract law. In the event McDowell violates this Release or Agreement by suing any of the Released Parties for any reason for which suit is precluded by this release and Agreement, McDowell agrees that she will not be entitled to any damages, costs, expenses, or relief of any kind. This Agreement does not waive rights that may arise after the execution of this Agreement. McDowell understands that, to the extent this Agreement covers the release of any claims of discrimination in violation of the Age Discrimination in Employment Act, 29 U.S.C. §621, et seq. based upon events occurring in the course of McDowell's employment with City, McDowell has the right to rescind this Agreement within 7 calendar days of McDowell signing it. Said rescission may be delivered in person or by certified mail, return receipt requested, and post- marked within the 7 -day period, to counsel for the City. This Agreement shall not become effective and enforceable until the rescission period has expired. If McDowell rescinds this Agreement, neither McDowell nor MFPRSI will be entitled to the consideration paid to McDowell and/or MFPRSI to release any and all claims set forth above. McDowell acknowledges that this written Agreement, which includes a release of claims arising under the Age Discrimination in Employment Act of 1967 (the "ADEA"), is written in a manner calculated to be understood, and is understood by her. McDowell further acknowledges the release of claims is in exchange for the consideration outlined above, which is above and beyond that to which she is otherwise entitled to receive from the City. McDowell has been allowed, but is not required to use, twenty-one (21) days from the date of receiving this document to consider whether or not to execute this Agreement. McDowell is hereby advised in writing to 3 DOC ID: dd95ac0209c8b160565005c4ca4a35a94deebfc8 consult with competent legal counsel of her own selection prior to signing this Agreement, and by her signature below, McDowell acknowledges she has had the time and opportunity to do so. 5. No Further Litigation. At no time subsequent to the execution of this Agreement will McDowell file or maintain, or cause or knowingly permit the filing or maintenance, in any state, federal, or foreign court, or before any local, state, federal, or foreign administrative agency, or any other tribunal, any charge, claim, or action of any kind, nature, and character whatsoever, known or unknown, which she may now have, or has ever had against the City, or any other Released Party based in whole or in part on any matter referred to herein (including Paragraph 4 above) prior to her execution of this Agreement. 6. Dismissal. McDowell stipulates and agrees that in consideration of the payments and representations described herein, she shall cause to be filed a Dismissal With Prejudice (or like pleading) of any and all claims she has filed against the City promptly and timely, including in the legal proceedings presently pending before the Iowa District Court upon receipt of, and before negotiating, the payment(s) referenced in Paragraph 1. McDowell further stipulates and agrees that in the event she has instituted any other legal proceedings against the City, or other Released Parties that she will immediately file a Dismissal With Prejudice (or like pleading) of any and all such pending claims in any administrative body, court of law, or private entity, of any kind or nature whatsoever. McDowell further agrees that each party to the Litigation shall bear their own fees and costs such that McDowell does not expect and will not accept or receive any payments from the City, or other Released Parties, for fees and/or costs that she has incurred and/or which would be attributable to the Litigation (except as referenced in Paragraph 1). 7. No Admission of Liability. Liability for any and all of McDowell's claims is expressly disputed and denied by the City and the Released Parties. It is understood and agreed that this is a compromise settlement of any and all claims, and that neither this Agreement itself, the offering of it, nor the furnishing of the consideration for this Agreement shall be deemed or construed at any time for any purpose as an admission of the City's liability or responsibility for any wrongdoing of any kind. The Parties agree this settlement is in full compromise of disputed claims both as to the question of liability and as to the nature and extent of damages and that payment is not to be construed as an admission of liability. 8. Voluntary Quit. McDowell agrees that at any time and for any purpose the termination of her employment will be characterized, treated, and have the effect of a voluntary separation and that her employment with the City ended effective January 4, 2022 ("Separation Date"). McDowell agrees that any and all City employee benefits, plans and programs and fringe benefits ceased as of the Separation Date. The City agrees that McDowell has returned to the City any and all files, memoranda, documents, records, copies of the foregoing, credit cards, keys and any other property of the City's in her custody or control. Any proprietary and confidential information that McDowell received during McDowell's employment shall be kept completely confidential and will not be shared by McDowell with anyone other than legal counsel. 9. Re -Employment. McDowell agrees she shall not, at any time in the future, seek or accept employment or re-employment with the City and that any application made by McDowell may be rejected without any liability to the City. Further, McDowell acknowledges that if she is hired by an employee of the City who does not have actual knowledge of this Agreement, then in accordance 4 DOC ID: dd95ac0209c8bl60565005c4ca4a35a94deebfc8 with the intent of this Agreement, McDowell's employment may be later terminated without liability for the hiring or termination decision. 10. Medicare. It is not the purpose of this Agreement to shift responsibility of medical care in this matter to the Medicare program pursuant to 42 U.S.C. Sec. 1395y(b). Instead, this settlement is intended to resolve a dispute between the parties. The parties have attempted to resolve this matter in compliance with both state and federal law and it is believed that the settlement terms adequately consider Medicare's interest and do not reflect any attempt to shift responsibility of treatment to Medicare pursuant to 42 U.S.C. Sec. 1395y(b). In this case, McDowell has not received any Medicare benefits nor notice of any lien or intervention interest by Medicare. No Party is aware of Medicare having paid any past medical expenses for McDowell's medical treatment. The parties acknowledge and understand that any present or future action or decision by CMS or Medicare on McDowell's eligibility or entitlement to Medicare payments will not render this Agreement void or ineffective or in any way affect the finality of this settlement. McDowell certifies that she is not a recipient of Medicare benefits and represents that she has incurred no medical bills reportable to or payable by Medicare related to her claims in this case. McDowell relieves the City and the other Released Parties of any responsibility for reimbursement of any liens against the proceeds of this settlement. McDowell agrees to indemnify, defend and hold the City, or any of Released Parties, harmless from any action by Medicare seeking payment of past, current, or future medical expenses for McDowell. This is to include any provider of medical benefits, Medicare benefits, workers' compensation benefits, insurance benefits, wage loss benefits, child support liens, or any and all other providers of benefits to McDowell. The reimbursement for any such benefits paid will be the sole responsibility of McDowell. 11. Medical Liens. There are no medical liens in this case that the Parties are aware of. Should Medicaid or any other third party submit a notice of medical lien or intervention interest, then McDowell agrees the reimbursement for any such benefits will be the sole responsibility of McDowell. McDowell agrees to indemnify, defend and hold the City, or any of Released Parties, harmless from any action by Medicaid or any other third party seeking payment of past, current, or future medical expenses for McDowell. 12. Beneficiaries and Assi agn bility. This Agreement is binding on, and shall inure to the benefit of the parties, their heirs, representatives, transferees, principals, estates, executors, administrators, predecessors, successors, parents, subsidiaries, affiliates, assigns, agents, directors, officers, directors and employees. 13. Entire Agreement. This Agreement constitutes the entire agreement, written and oral, of the parties hereto, and it supersedes and replaces all prior negotiations, proposed agreements, understandings, representations and agreements, written or oral. No party hereto is relying on any statement or representation of any other party hereto except those, if any, set forth herein. No part of this Agreement may be amended, varied, or supplemented in any respect, except by a writing duly executed by each of the parties hereto or their authorized representatives. 14. Counterparts. This Agreement may be executed in one or more counterparts, all of which, taken together, shall constitute one and the same instrument. W Doc ID: dd95ac02O9c8bl6O565005c4ca4a35a94deebfc8 15. Choice of Law. The parties agree that this Agreement shall be governed by and construed in accordance with the laws of the State of Iowa, without regard for its choice -of -law provisions. 16. Severability. Except as otherwise provided in this Paragraph, if any provision of this Agreement shall be finally determined to be invalid or unenforceable by a court of competent jurisdiction, that part shall be ineffective to the extent of such invalidity or unenforceability only, without in any way affecting the remaining parts of said provision or the remaining provisions of this Agreement. 17. Knowing and Voluntary Waiver. In entering into this Agreement, no party has relied on any representations or warranties of any other party, other than the representations or warranties expressly set forth in this Agreement. The parties further acknowledge that they fully understand this Agreement and the effect of signing and executing the Agreement. 18. Jointly Drafted. Because the parties have had a full opportunity to consider this Agreement and negotiate its terms, this Agreement is deemed to have been jointly prepared by the parties, and any uncertainty or ambiguity existing in it shall not be interpreted against any party as the primary drafter of the Agreement. The language of all parts of this Agreement shall in all cases be construed as a whole, according to its meaning and not strictly for or against any of the parties. 19. Warrant.. opacity to Execute Agreement. McDowell represents and warrants that no other person or entity has, or had, any interest in the claims, demands, obligations, or causes of action referred to in this Agreement, except as otherwise set forth herein; that McDowell has the sole right and exclusive authority to execute this Agreement; and that McDowell has not sold, assigned, transferred, conveyed or otherwise disposed of any of the claims, demands, obligations or causes of action referred to in this Agreement. 20. Effectiveness. This Agreement shall become effective as of the date it is signed. The City will not be bound by this Agreement unless and until the City Council has formally approved the settlement in open session of a City Council meeting, which will subsequently be denoted by execution of the City's signature line below. Should the City Council reject approval of the settlement, the parties will not be bound by this Agreement. This Agreement shall become effective immediately upon execution and may be executed by duplicate of the original, in which event all original signed copies shall be the original document. ALL PARTIES EXECUTING THIS AGREEMENT STATE THAT THEY HAVE READ AND FULLY UNDERSTAND THE FOREGOING AGREEMENT AND CONSULTED AN ATTORNEY BEFORE EXECUTING THIS GLOBAL RELEASE & SETTLEMENT AGREEMENT. THIS RELEASE INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS, EXCEPT AS OTHERWISE STATED IN THE AGREEMENT. rol DOC ID: dd95ac0209c8b160565005c4ca4a35a94deebfc8 I have read the foregoing and I accept and agree to the provisions it contains and hereby execute it voluntarily with full understanding of its consequences. 01 /24/2024 Date 'Mt' NI&j)bVjt'd Sadie McDowell, Individually Accepted and approved on behalf of the City Council: Accepted and approved on behalf of MFPRSI: Si ature: P.iov Print* Dan Cassady Title: Executive Director fd Date 01/25/2024 Date DOC ID: dd95ac0209c8b160565005c4ca4a35a94deebfc8 Item Number: 7.a. CITY OF IOWA CITY COUNCIL ACTION REPORT February 6, 2024 Motion setting a public hearing for January 20, 2024 on an ordinance rezoning approximately 6.25 acres of land from Neighborhood Public Zone (P-1) to General Industrial (1-1) (REZ23- 0010). Attachments: REZ23-0010 Staff Report with Attachments P&Z Correspondence as of 01. 17.2024 City Council correspondence STAFF REPORT To: Planning and Zoning Commission Item: REZ23-0010 GENERAL INFORMATION: Applicant/Owner: Other: Contact Person: Requested Action: Purpose: Location: Prepared by: Melanie Comer, Planning Intern Date: January 17, 2024 Troy McQuillen Kirkwood Community College Troy. mcguillen(aDkirkwood.edu Joe Townsend Procter & Gamble 4760 Rapid Creek Rd NE Iowa City, IA 52240 Townsend. ir(aD pg. com Nick Hatz Shive-Hattery 222 3'' Ave SW Unit 300 Cedar Rapids, IA 52401 nhatz@shive-hattery.com Travis Wright Shive-Hattery 222 3'' Ave SW Unit 300 Cedar Rapids, IA 52401 twright@shive-hattery.com Rezoning of 1810, 1816, and 1828 Lower Muscatine Road from Neighborhood Public (P-1) to General Industrial (1-1). Request to rezone the subject properties for industrial use. The site is currently for sale and Procter & Gamble anticipates closing on the property in February 2024. Northeast of Lower Muscatine Road and Northwest of Mall drive. 2 Location Map: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Comprehensive Plan: District Plan: Neighborhood Open Space District: Public Meeting Notification: File Date: 6.8 Acres Vacant educational facilities in a Public Zone (P-1). North: RS -5, Low -Density Single - Family Residential Zone RS -8 Medium -Density Single -Family 1-1 General Industrial Zone South: RS -5 Low -Density Single - Family Residential Zone CC -2 Community Commercial Zone West: RS -5 Low -Density Single - Family Residential Zone 1-1 General Industrial Zone East: 1-1 General Industrial Zone RS -5 Low -Density Single - Family Zone Public/Semi-Public Southeast District Plan, Public Institutional SE2 Properties within 500' of the subject property received notification of the Planning and Zoning Commission public meeting. A rezoning sign was posted on the site on December 18, 2023. December 8. 2023 45 Day Limitation Period: January 22, 2024 BACKGROUND INFORMATION: The owner, Kirkwood Community College, has requested a rezoning of approximately 6.8 acres from Neighborhood Public (P-1) zone to General Industrial (1-1) zone located at 1810, 1816, and 1828 Lower Muscatine Road. The property currently contains vacant educational buildings formerly occupied by Kirkwood Community College. The subject properties are currently for sale. The party interested in the purchase of these parcels is Procter & Gamble, a company which currently owns land to the east of the proposed rezoning. Based on correspondence from Proctor & Gamble, they anticipate closing on the site in February 2024. In 2002, the City initiated a rezoning for the property located at 1828 Lower Muscatine Road. Kirkwood Community College purchased this parcel in 2002 to extend the Community College. This rezoning changed the zoning designation from Community Commercial (CC -2) to P-1 to reflect the change in ownership to a public entity and bring the property into compliance with the Zoning Ordinance. This property has remained P-1 since the 2002 rezoning. If the property will no longer be owned by Kirkwood, or another public entity, a rezoning will be needed. ANALYSIS: Current Zoning: The properties are currently zoned Neighborhood Public (P-1) zone, which is intended for uses such as schools, parks, fire and police stations, and other civic uses. The purpose of public zones is to provide reference to public ownership and use of land, or to use the land for infrastructure services that need to be located in or near the area where the service is provided. Proposed Zoning: The request is to rezone the subject properties from P-1 to General Industrial (1-1) zone. The purpose of the 1-1 zone is to provide the opportunity for the development of most types of industrial firms. Since this zone is regulated to protect adjacent developments, the land uses allowed are not heavy or intense in operation. Table 1 outlines the uses allowed in the 1-1 zone. Table 1: Uses Allowed in 1-1 Zone Use Cate ones: Building trade (e.g. contractor shops) P Industrial service (e.g. machine shops, towing yards, repair of machinery) P Technical/light manufacturing (e.g. manufacturing of electronic components, optical instruments, lenses P General manufacturing (e.g. includes manufacturing of most chemical and food products, but excludes heavy manufacturing uses like meatpacking, sawmills, papermills) PR Heavy manufacturing Limited to concrete batch plants only) S Self-service storage P Warehouse and freight movement (e.g. warehouses for retail stores, wholesale distribution centers railroad switching yards, storage lots for fleets P Waste related Limited to recycling rocessin facilities PR Wholesale sales P Basic utilityPR General community service (e.g. neighborhood centers, museums S Utility -scale round -mounted solar energy systems PR Helicopter landing facilities S Communication transmission facility PR Consumer firework sales PR P = Permitted PR = Provisional S = Special exception El The 1-1 zone has a maximum height limit of 45'. The minimum front yard setback is 20', while the side and rear have a minimum 0' setback unless it abuts a residential zone. Although the rear property line is near residential uses, the property does not abut a residential zone. Therefore, the rear setback would be 0'. In terms of screening, development in the 1-1 zone is subject to the industrial and research zone site development standards. Parking and loading areas must be located behind buildings or screened from view to at least the S3 standard when an industrial use abuts or is across a street or railroad right of way from a residential zone. Additionally, outdoor storage is allowed provided it is concealed from public view to the extend possible. If it is not feasible to conceal the storage areas behind buildings, the storage areas must be set back at least twenty feet (20') from any public right of way, including public trails and open space, and screened from view to at least the S3 standard. S3 screening requires enough shrubs and small evergreens to form a continuous screen or hedge at least 5'-6' in height. Screening materials must be at least three feet (3') high when planted. At least one-half of the shrubs must be evergreen varieties. Rezoning Review Criteria: Staff uses the following two criteria in the review of rezoning: 1. Consistency with the comprehensive plan; 2. Compatibility with the existing neighborhood character. Consistency with the Comprehensive Plan: The Future Land Use Map of the IC2030 Comprehensive Plan identifies the subject properties as suitable for Public/Semi-Public uses. The plan also includes an Economic Development goal that states Iowa City should "Increase and diversify the property tax base by encouraging the retention and expansion of existing businesses...". By allowing for this land to be rezoned to 1-1, the already existing company Procter & Gamble would be able to expand upon purchasing this space, adding more facilities directly adjacent to their already existing buildings. Similarly, the Future Land Use Map of the Southeast District Plan identifies these properties as suitable for Public Institutional uses. The plan, adopted in 2011, includes a discussion of planning for the expansion of Kirkwood Community College as it continues to grow. It specifically includes an objective to "plan for the future growth of Kirkwood Community College to support and enhance this commercial area". Circumstances have changed since the adoption of this plan. This plan identifies the need to preserve and expand industrial uses on page 37, stating, "The Southeast District is an ideal place to expand Iowa City's industrial base" due to its ideal landscape of level and well -drained land with proximity to adequate services and utilities. The plan also includes a goal to "preserve and expand the industrial tax base" and objectives to "protect designated industrial areas from incompatible uses, such as residential dwellings and retail and consumer services that would interfere with industrial operation". Expansion of existing industry such as Procter & Gamble aligns with the goals of the Southeast District Plan. The plan also includes a goal "minimize conflicts between industrial areas and nearby developments" and an objective to "develop a better buffer between the residential areas located north of the Iowa Interstate Railroad and industrial uses to the south. For example, trees both fast-growing and slow-growing species, planted on both sides of the railroad could create a visual screen and sound buffer." Approximately 187 feet of the subject property abuts the Iowa Interstate Railroad. Compatibility with Existing Neighborhood Character: The area surrounding the subject properties to the northwest and southeast is zoned as 1-1 and has existing light industrial uses of MidAmerican and Procter & Gamble. To the north is the Iowa Interstate Railroad, separating the subject properties from a Low -Density Single -Family Residential (RS -5) zone. Land to the south is also zoned RS -5, which is separated from the subject properties by a major thoroughfare. The Iowa City Market Place area is also across Lower Muscatine Rd and is zoned CC -2. The 1-1 zone is intended for light industrial uses. Technical/light manufacturing is permitted in the 1-1 zone. Heavy industrial uses are allowed through a special exception process. One of the special exception criteria is that heavy manufacturing uses in the 1-1 zone are limited to concrete batch/mix plants only. Additionally, the concrete plant would need to be located at least 500' from any residentially zoned property. The 1-1 zone would allow for the expansion of Procter & Gamble's operations adjacent to their current facility. Since Kirkwood no longer is operating at this site, this rezoning would make the proposed use consistent both adjacent properties. The subject properties are separated from existing residential areas by both a major thoroughfare and the Iowa Interstate Railroad, surrounding by industrial uses to the north and south. Access and Street Design: Access to the subject properties is provided via Lower Muscatine Road through an already established intersection at Lower Muscatine Rd and Sycamore St. Access to 1828 Lower Muscatine Rd is provided through an existing drive across from Deforest Ave. NEXT STEPS: Upon recommendation from the Planning and Zoning Commission, the City Council will hold a public hearing on the proposed rezoning ordinance. STAFF RECOMMENDATION: Staff recommends approval of REZ23-0010, a proposal to rezone approximately 6.8 acres of property located at 1810, 1816, and 1828 Lower Muscatine Road from Neighborhood Public (P-1) zone to General Industrial (1-1) zone. ATTACHMENTS: 1. Location Map 2. Zoning Map 3. Applicant Statement 4. Rezoning Exhibit Approved by: itzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services ATTACHMENT 1 Location Map Jo P. tiSA a� An application submitted by the owner, Kirkwood Community College, to rezone approximately 6.8 acres of land on Lower Muscatine Avenue from Neighborhood Public (P-1] to General Industrial (1-1). I CITY OF IOWA CITY ATTACHMENT 2 Zoning Map I!1 RSS - % i Hienitv,uwu r p9p RS5 I C a An application submitted by the owner, Kirkwood Community College, to rezone approximately 6.8 acres of land on Lower Muscatine Avenue from Neighborhood Public [P-1] to General Industrial (1-1). CITY OF IOWA CITY RS5 ATTACHMENT 3 Applicant Statement SHIVEFIATTCRY ARCHITECTURE + E N G I NEERI NG December 6, 2023 City of Iowa City Neighborhood & Development Services & Planning & Zoning Commission Phone 1319-356-5000 RE: Proposed Rezoning Applicant Statement To Whom It May Concern, On behalf of Kirkwood Community College and Procter & Gamble (P&G) a rezoning request is respectfully submitted as shown in the provided Rezoning Exhibit. The rezoning is warranted as the parcels under review are currently owned by a public non-profit organization, Kirkwood Community College, and will be purchased by a private industrial owner, Procter & Gamble (P&G). Under the current zoning of Public (P1) in the City of Iowa City zoning code, the uses described are intended for public ownership. Proctor and Gamble (P&G) is a private owner whose intended uses best align with the Industrial zoning (11). The proposed 11 zoning would be consistent with the existing zoning of directly adjacent parcels, MidAmerican to the northwest and P&G to the southeast. The parcels southwest face is adjacent to Lower Muscatine Road right of way, giving a buffer between the parcels and the residential neighborhood across the street. The northeast face of the parcel abuts railroad right of way and gives a buffer from the residential neighborhood across the train tracks. The City of Iowa City future land use map designates a Public/Semi-Public use to this area, which is reflective of current uses and ownership; however, City Staff generally showed support for the purchase and rezoning during the pre -application meeting given the location and intended use by P&G. Public infrastructure appears adequate or can be reasonably upgraded in the area based on existing uses, development and utility mapping. SHIVE-HATTERY, INC. Charles "Nick" Hatz II, PE Principal, Civil Engineer Copy: Troy McQuillen, Kirkwood Community College Joe Townsend, Proctor & Gamble Sarah Naberhaus, Shive-Hattery Wade Wamre, Shive-Hattery Travis Wright, Shive-Hattery Project 2112307450 800.7960313 1 shive-hattery.com ■ ATTACHMENT 4 Rezoning Exhibit LEGEND REZONING EXHIBIT FROM NEIGHBORHOOD PUBLIC (P-1) TO GENERAL INDUSTRIAL (11) IOWA CITY, IOWA LOCATION MAP O Lu m 1 ' Z O Z b r Q K W Z W _UQ 2 y�x'O Way Codes ?VU Z—Q NJ w7O ROM O 2 K O m 2 17 W Z PFOJEcr NO, 2112307450 SUED FOR 1 OF Anne Russett From: Anne Marie Kraus <annemariekraus@gmail.com> Sent: Saturday, January 13, 2024 5:15 PM To: Anne Russett Subject: To the Zoning Commission: Re -Zoning for toxic chemicals in SE Iowa City threatens health SfC. ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Dear Planning and Zoning Commission: The proposed rezoning of the Kirkwood Community College Campus (on Muscatine Avenue) from P-1 to 1-1 (General Industrial) for the benefit of Procter and Gamble is deleterious, opening the door to significant endangerment of the health of Iowa City, General Industrial zoning allows the manufacture of chemical products. Procter and Gamble has already polluted the air with its toxic fumes in their current and past facilities, and now they could have full freedom to spew additional airborne chemicals to neighborhoods directly adjacent and across the street. The Kirkwood property is nestled in an area surrounded by residential neighborhoods and four schools within a mile. Airborne volatile organic compounds and irritants from the manufacture of items such as scented laundry products have been studied and reported to cause significant harm to the health of humans, as well as damage to the environment. The rezoning agenda contains a quote from the IC2030 Comprehensive Plan: "The Southeast District is an ideal place to expand Iowa City's industrial base." Why the southeast side? Because that's where the powers -that -be place nearly all the buildings that are not wanted in other parts of town. Why not re -zone an area where all the homes cost upwards of $500,000? The southeast side is filled with neighborhoods of modest means as well as struggling incomes. It's easy for the Council to turn their backs on us because we don't have the power and Influence that other areas of town can wield. As a person who is sensitive to chemicals, living a few blocks away, I would no longer be safe to live in my home or work in my yard. Members of the Planning and Zoning Commission and the City Council may want to dismiss my illness as a one-off outlier to be ignored. But these airborne chemicals are damaging to everyone, even if they don't immediately feel the effects. Everyone will suffer adverse health consequences, in addition to enduring the constant strong odors. As citizens of Iowa City, we have the right to be safe in our homes and on our sidewalks, and the Iowa City Council has the duty to protect our health and safety. I strongly urge the Zoning Commission and the City Council to oppose this unwise and detrimental plan. Anne Marie Kraus Southeast Iowa City 1716 Gleason Ave Iowa City, IA 52240 319-621-2569 Anne Russett From: Glenda Buenger <buengerg@gmail.com> Sent: Monday, January 15, 2024 11:50 AM To: Anne Russett Subject: REZ23-0010, rezoning former Kirkwood campus on Lower Muscatine A ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments, ** Dear Ms. Russett, Will you please forward my concerns to the P and Z Commission members before this Wednesday's meeting? Thank you, Glenda Buenger Dear Planning and Zoning Commission Member, I am writing to oppose rezoning of the former Kirkwood Community College campus on Lower Muscatine Road to 1-1, General Industrial, because of air pollution. The discussion in the 1.17.2024 agenda packet seems to include no consideration of Industrial pollution and its effects on human health and quality of life. This location is too close to residential neighborhoods and elementary schools for industrial use. I have a friend with respiratory issues who lives in the Hollywood neighborhood off Hwy. 6. She says that current P & G air pollution plumes for two miles. It invades her neighborhood and makes her sick. Allowing P & G closer into town means more Iowa City residents are affected by its pollution. Where do you live? Would you like P & G's air pollution to invade your yard, spoiling your time outside? Invade your home as your house's HVAC systems exchange air with the outside? Invade your lungs, your children's lungs? I know I wouldn't. Let's please not rezone to allow the polluter P & G to move into town, spoiling Iowa City for an increased number of residents. Surely a better solution can be found, one that preserves quality of life in our community. Let's please champion Southeast Iowa City residents rather than sticking them with a polluter. Sincerely, Glenda Buenger 316 S. Lucas St. Iowa City Anne Russett From: Anne Marie Kraus <annemariekraus@gmail.com> Sent: Monday, January 15, 2024 7:38 PM To: Anne Russett Subject: Harm to property values and livability of neighborhoods :_RISK `; ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Dear Planning and Zoning Commission: I ask you to consider a few more points regarding the proposed rezoning of the Kirkwood Community College Campus (on Lower Muscatine) from P-1 to 1-1 (General Industrial) for the benefit of Procter and Gamble. I ask that you consider the effect that this rezoning will have on property values in the east and southeast areas of Iowa City. While east side residents are already well-acquainted with the noxious fumes from the P&G plant on far east Highway 6, the neighborhoods within two miles of the Kirkwood property would be overwhelmed by the increased intensity of the toxic fumes at such a close range. I am already considering moving from my home of forty years because such proximity to the chemicals would be devastating to my health. Other residents will want to move because the intense smells are intolerable. No one will want to move to any of the nearby neighborhoods. People will find it hard to sell their homes, even at a loss. Think about the property values. Please consider: If you know that many residents complain of the fumes regularly, and some residents get sick from the fumes, would you really still make the decision to let P&G defile the livability of our great little city? Would you choose corporate profits over the health and safety of our citizens? Are a few health -endangering jobs more important than the thousands of people who live in our sweet modest neighborhoods? I strongly urge you to oppose the rezoning of the Kirkwood property to General Industrial. It is ultimately detrimental to public health, livability of residential neighborhoods, property values, and the environment. Anne Marie Kraus 1716 Gleason Ave Iowa City 319-621-2569 Anne Russett From: Susan Craig <skjeldcraig@gmail.com> Sent: Monday, January 15, 2024 9:54 PM To: Anne Russett; Sara Greenwood Hektoen Subject: Fwd: Rezoning is detrimental to health, environment, and property values ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Sent to me this afternoon. I told her I could not have a private conversation or correspondence about zoning matters. She mentions she sent this to Council. I wonder if someone should advise her to send it to Commissioners as well. Sent from my iPad Begin forwarded message: From: Anne Marie Kraus <annemariekraus@gmail.com> Date: January 15, 2024 at 7:13:10 PM CST To: skjeldcraig@gmail.com Subject: Rezoning is detrimental to health, environment, and property values Dear Susan Craig: I hope you don't mind that I am writing to you individually at this email address. I got your address because I am a member of the Old Capitol Quilt Guild. And I saw that you are on the City Planning and Zoning Commission. And I also want to approach you because I was also a librarian in the Iowa City Schools for 26 years, and I admired your work and leadership and the ICPL. I wrote the Planning and Zoning Commission at the general staff address, but now I have additional points I'd like to make about this issue. I am writing to you about the proposed rezoning of the Kirkwood Community College Campus (on Lower Muscatine) from P-1 to 1-1 (General Industrial) for the benefit of Procter and Gamble. This zoning will allow the manufacture of chemicals. I would like to bring your attention to one negative effect of this zoning, in addition to the Issues of toxic chemical release, environmental damage, and significant damage to public health. I would ask that you consider the effect that this rezoning will have on property values in the east and southeast areas of Iowa City. While east side residents are already well- acquainted with the noxious fumes from the P&G plant on far east Highway 6, the neighborhoods within two miles of the Kirkwood property would be overwhelmed by the increased intensity of the toxic fumes at such a close range. I am already considering moving from my home of forty years because such proximity to the chemicals would be devastating to my health. Other residents will want to move because the intense smells are intolerable. No one will want to move to any of the nearby neighborhoods. People will find it hard to sell their homes, even at a loss. Think about the property values. I would also like to reiterate this point from the letter I sent to the City Council as a whole: The rezoning agenda contains a quote from the IC2030 Comprehensive Plan: "The Southeast District is an ideal place to expand Iowa City's industrial base." Why the southeast side? Because that's where the powers -that - be place nearly all the buildings that are not wanted in other parts of town. Why not rezone an area where all the homes cost upwards of $500,000? The southeast side is filled with neighborhoods of modest means as well as struggling incomes. It's easy for the Council to turn their backs on us because we don't have the power and influence that other areas of town can wield. I ask you to consider: If you know that many residents complain of the fumes regularly, and some residents get sick from the fumes, would you really still make the decision to let P&G defile the livability of our great little city? Would you choose corporate profits over the health and safety of our citizens? Are a few health -endangering jobs more important than the thousands of people who live in our sweet modest neighborhoods? I strongly urge you to oppose the rezoning of the Kirkwood property to General Industrial. It is ultimately detrimental to public health, livability of residential neighborhoods, property values, and the environment. Thank you for listening. Anne Marie Kraus 1716 Gleason Ave, Iowa City 319-621-2569 Anne Russett From: Ruth Manna <ruth.manna@gmail.com> Sent: Tuesday, January 16, 2024 9:11 AM To: Anne Russett Subject: Re: Please A ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Thank you for getting in touch with me Anne, I am more than concerned about the possible placement of Procter & Gamble at the site of where the College now stands. It is unconscionable that a factory that will be spewing. Toxic chemicals will be placed in a neighborhood area where two neighborhood schools now exist people with lung problems Will no doubt get sicker or die, and others who are now healthy will certainly be affected by the constant fumes coming out of the factory. I ask all members of the Planning And zoning committee to consider whether they would like Procter & Gamble factory in their neighborhood and have their children breeze in the toxic fumes every dayl'm sure there are other facilities and corporations that are eco -friendly that could be considered for that site. Pleadingly, Ruth Manna, as citizen of Iowa City who is within the 2 mile radius of this possible disaster. Thank you for sharing this with the other Planning And zoning members. On Tue, Jan 16, 2024 at 8:34 AM Anne Russett <ARussett(cDiowa-city.org> wrote: Hi, Ruth —You can send any correspondence meant for the Planning and Zoning Commission to me. I will pass it along to them. Thanks, Anne From: Ruth Manna <ruth.manna(cDgmaII.com> Sent: Monday, January 15, 2024 10:14 AM To: Anne Russett <ARussett(cDiowa-citv.org> Subject: Please A ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Please give me contact numbers or emails for the members of the Planning And zoning committee. Thank you very much, Ruth Manna. Disclaimer The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful. Anne Russett From: Hillary Schofield <hbschofield@gmail.com> Sent: Tuesday, January 16, 2024 2:35 PM To: Anne Russett Subject: Proctor and Gamble rezoning A ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** To Anne Russett and the entire Planning and Zoning Committee, I am writing to urge you to deny Proctor and Gamble's request to change the zoning of the former Kirkwood campus from residential to industrial. The Eastside is already inundated with fumes from P&G's extant operations. There are undoubtedly negative effects from exposure to such chemicals, and many Eastside residents report having headaches and our physical reactions when the scents waft through their neighborhood. Since I cannot cite any research studies on the harmful physical effects, I will focus on the scents themselves: they are obnoxious, unpleasant and absolutely infringe upon quality of life. Please, please consider those who live closest to this potential facility and if you would like to be one of them. Sincerely, Hillary Schofield 720 S 7th Ave Iowa City, IA 52240 Anne Russett From: ben lewis <benjamind@gmail.com> Sent: Wednesday, January 17, 2024 6:29 AM To: PlanningZoningPublic Cc: *City Council Subject: Rezoning the Kirkwood Campus ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Dear Planning and Zoning Commission, I have lived on Grant Street since 2004, almost 20 years. Over the past several years, I have noticed strong chemical odors, caused by volatile organic compounds (VOCs) coming from industrial operations a few blocks south of here. From what I understand, these are eminating from the industrial area just south of here. I have contacted city and state officials (DNR) about this more than once. Staff have been sympathetic but have not been able to do anything about it. We should not add more industrial sites in Iowa City near lower income neighborhoods, where so many already exist. It is also unwise to condense all the industrial sites so close together, compounding issues of noise and pollution. Surely there are other options for P&G. It has only been a few months since the campus closed. I hope you can find the patience to do the right thing and reject the rezoning request in this instance. Ben Lewis Anne Russett From: Cheryl Ridgeway <cherylann.ridgeway@gmail.com> Sent: Wednesday, January 17, 2024 9:26 AM To: Anne Russett Subject: Rezoning request - Kirkwood Community College Area ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Dear members of the board, I ask that you think carefully about the re -zoning request by Proctor and Gamble (P&G) for the Kirkwood Community land on Muscatine Avenue from P-1 to 1-1 (General Industrial manufacturing of chemicals). My concern and the concern of many others is that the deeply established residential areas and the nearby schools would be exposed to increased air pollution from the chemical manufacturing processes of P&G should the re -zoning be approved. As I've heard from those currently living on the SE side, P&G fumes are already a health concern and expanding to the Muscatine Avenue location will exacerbate this situation for many. Please seriously consider the health and wellbeing of our Iowa City residents, young and old, who will be affected. Please also take into account Iowa City's Climate Action Plan and at the very least, require P&G to mitigate their sources of air pollution before operating from this site. Thank you, Cheryl Ridgeway Iowa City resident Sent from my iPad Anne Russett From: Jessica Duling <dulingjessica@gmail.com> Sent: Wednesday, January 17, 2024 1:05 PM To: Anne Russett Subject: Rezoning of the Kirkwood Campus A ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** To whom it may concern, I am a resident of Iowa City and someone this rezoning will be directly impacted by. I am deeply concerned by the rezoning of the Kirkwood Campus to Proctor and Gamble and the detrimental effects on the community. Some of the pillars that Iowa City stands on is education and climate action but this decision will show that those pillars are only protected if you attend the University of Iowa and if you live in wealthier neighborhoods. This makes me angry and deeply ashamed of my city. I have been proud to live here all my life. I think there are a great number of things we get right. For example mixed use zoning to help foster walkable cities. To think it's being considered to trade an quality affordable education within walking distance to residents for a polluting factory who has a long history of knowingly sourcing from suppliers that are complicit in destroying forests and indigenous communities makes Iowa City's climate action plan completely hypocritical. I hope the committee listens to the cries of the community and advocates for all of its residents, not just the ones with the biggest wallets. Thank you, Jess January 17, 2024 Re: REZ23-0010 Rezoning Request for Lower Muscatine Road oppose the rezoning the site of the old Kirkwood Community College (KCC) on Lower Muscatine, from Residential to General Industrial because our neighborhoods are already experiencing unhealthy emissions from industrial zones that are too close to our homes, schools, and playgrounds. My name is Tracy Daby. I have lived on H street for 25 years. My house is directly behind Kirkwood Community College, about a block from the railroad tracks. For years I frequently walked through and around these neighborhoods. The last two summers I noticed a disturbing increase in offensive, toxic air coming from P&G. Last summer, just before and after the worst of the air pollution, I spent some time searching for the source of the acetone smell that was making me and my family ill (headaches, breathing difficulties). It was strongest when walking west on Mall Dr. past the side of the old Oral-B plant. My degree is in biology, and I have worked as a Research Assistant in a molecular biology/genetics research lab, so I am familiar with many toxic chemicals and their identifying properties. I have been looking into this matter more deeply since receiving the Senior Planner's letter last Wednesday, Jan 10. The letter was dated Jan. 4, 2024. Today I present findings from the Environmental Protection Agency (EPA) that support and coincide with my personal experience of factory specific toxic emission releases and air pollution. The links & link pathways to these findings are on the back of each handout diagram. 1. Map of Air Pollution (ICIS-AIR) & Toxic Releases to Air (TRI) directly from our two P&G facilities. (See Diagram 1.) 2. "UNHEALTHY LEVELS" of pollution recorded by the EPA AQS in Iowa City, June and July of 2024. (See Diagram 2.) 1 hope the planning and zoning will reject the idea of converting this residentially zoned land into more industrial. I do not believe that rezoning for more industrial facilities is in line with current City Climate Action & Outreach. Nor does it align with Neighborhood and Development Services' mission statement: "We work to create community and find solutions that promote healthy neighborhoods and a vibrant business community." We must hold you to this promise to promote "healthy neighborhoods". In lieu of a preferred, complete refusal of this industrial zoning request, I would ask that the Commission consider deferring so that we can absorb and research this pollution information. Mail delays due to severe winter weather have unfairly hindered the community response to this issue. Case in point: my next-door neighbor only received their letter yesterday, Jan. 16. In the few days we have had to digest this rezoning request, and with very limited letter distribution, we have found much opposition to this rezoning within our community. Please view our online petition at hftr)s://www.thepetitionsite.com/; search: Iowa City. Note the many supporting comments from our community. Thank you for allowing us a chance to comment on this rezoning proposal. Tracy Daby 1911 H St Iowa City IA 52240 Please view our Community Petition: "At 6:0o pm on Jan. 17 the IC Planning & Zoning Commission is holding a public meeting to discuss rezoning the old Kirkwood Community College plot from residential to industrial. Please add your name to this petition if you oppose P&G expanding their industrial operations WITHIN OUR CITY. The current P&G facilities have been polluting our air with chemicals that produce hideous smells throughout year. The smell of Head & Shoulders shampoo is most Car62 PETITIONS IOWA CITY, IA SE Iowa City ; P&Ga o c i MKMM vtlG No- To P&G Expansion In IC Residential Areas. noticeable, however, the past few years (since Oral-B was taken over) we have noticed the alarming odors of nail polish remover, acetone, which is very distinct. The EPA has reported "unhealthy" levels of small particulate in the air in June and July of 2024. (See Outdoor Air Quality Data EPA My Environment/MyAir/MoreAir/Air Data Trends and then "for more information" link below the Visual Trends graphic/ trends/"all AQI pollutants" from 2019 to 2024.) These "unhealthy" levels coincide with the strong ketone/acetone odors that forced many of us in SE Iowa City to retreat indoors, close windows, and even turn on our AC. The concentration level varied for several months this summer but the highest concentration in last June caused headaches and shortness of breath for my family (and likely others). Both P&G facilities in SE Iowa City have a record of pollution right here in town. See (Internet) EPA My Environment/MyAir/MoreAir/Air Facilities: Enlarge Map/zoom in to SE IC/Air Pollution ([CIS -AIR) (69)...& Toxic Releases to Air (TRI) (13). Please join me. Our Neighborhood and Development Services Department says, "We work to create community and find solutions that promote healthy neighborhoods and a vibrant business community." We must hold them to their promise to promote "healthy neighborhoods". The air we breathe must be guarded and protected." Go to the online petition https://www.thepetitionsite.com/629/894/365/no-more-factories-in-town/ to see numerous comments and signatures from Iowa City residents. Diagram 1. Map of Air Pollution (ICIS-AIR) Toxic Releases to Air (TRI) at P&G Facilities As Reported by the Environmental Protection Agency 52240, Iowa City, Iowa select a new Location: Legend VJayrti Ave 5ra;lford Dr Sourhea sr Jumer Hyh Mercer Park �^ U pith Q m 'Pe ,snclr e s7 �� S� L OP Procter And Gamble Procter And o Gamble N O ary6 CrosbyLn GeNroob o 1-1 Q� 0 Air u y ron Ave 'a Pollution/ nrm 2 sites: �qye 1.O Midamerican Energy Iowa City, Service Center �s�c 2. Hi Oral-B Laboratories Q i Air Pollution (US -AIR) (7) O Q Tom Releases to Air (TRI) (4) ` ❑ NAA PM2.5 24 -hr (2006 NAA Ozone 8 -hr alow ryq Qy di 2200 LOWER MUSCATINE RD cF IOWA CITY, IA 52240-2302 6 WhaCs nearby in7.0 mi d odds 4ytler Creek d7P O Internet website & link pathways for this map on back. I st i\ \ Z n < ® Kirkwood J 5t \ \\ �' Community P&G E u College Oral-B 2 Labe n � ory D rest Ave rp n e��1\Lt Elizabeth Tate Hgh Mark u Twain ✓i °. '(`,r Elemenia Iowa Ci Mini Mall MarketP c ry 'ookwood Dr Essulale Plase High,,ay 6 E god alvcl Tracy Ln 760 Fi Ho4yw select a new Location: Legend VJayrti Ave 5ra;lford Dr Sourhea sr Jumer Hyh Mercer Park �^ U pith Q m 'Pe ,snclr e s7 �� S� L OP Procter And Gamble Procter And o Gamble N O ary6 CrosbyLn GeNroob o 1-1 Q� 0 Air u y ron Ave 'a Pollution/ nrm 2 sites: �qye 1.O Midamerican Energy Iowa City, Service Center �s�c 2. Hi Oral-B Laboratories Q i Air Pollution (US -AIR) (7) O Q Tom Releases to Air (TRI) (4) ` ❑ NAA PM2.5 24 -hr (2006 NAA Ozone 8 -hr alow ryq Qy di 2200 LOWER MUSCATINE RD cF IOWA CITY, IA 52240-2302 6 WhaCs nearby in7.0 mi d odds 4ytler Creek d7P O Internet website & link pathways for this map on back. Internet location & link pathways for Diagram 1. *Toxic Releases to Air (TRI) Description: The Toxics Release Inventory (TRI) is a publicly available EPA database that contains information on toxic chemical releases and waste management activities reported annually by certain industries as well as federal facilities. The database also contains links to compliance and enforcement information. Source: EPA Envirofacts Data Source EPA + My httns://enviro.epa.gov/ S MyEnvironmen[ Environment _ myenvironment/ T E >> Type in 52240 P S 1. See My Air httns://geol2ub.epa.gov/myem/ envmap/myenv.html?minx=- ... click 91.71107&miny=41.45587&maxx » "more w w �N NaP 91.32308&maxy=41.84387&ve=1 2.41.64988.- ~^ 91.51707&pText=52240%2C %20Iowa%20City%2C %20Iowa&pTheme-home Air Facilities > enlarge map> zoom in to Lower 2. https-//ueoptjb-epa.gov/myem/ Muscatine envmap/m' env.html?minx=- " 91.71107&mine=41.45587&maxx Enlar�¢ ry ® El, �0 91.39308&maxy=41.84487&ve=1 2,41.64988.- y 0 o�.o sx 91.51707&pText=52240%2C ay ;a�.F,Y %201owa%20City%2C %201owa&pTheme=home a W�n°, a5C 3 o Gal brrl: 6.° i0'` ~9a _ °eF �+'aw D•°z s ul yE nye L [0 o' o.a m� County ofJwmon,rq Iowa DNR, Ezn, HERE, Gartn�n. INCA... %wereE by Ezr: *Toxic Releases to Air (TRI) Description: The Toxics Release Inventory (TRI) is a publicly available EPA database that contains information on toxic chemical releases and waste management activities reported annually by certain industries as well as federal facilities. The database also contains links to compliance and enforcement information. Source: EPA Envirofacts Data Source Diagram 2. 1u Daily AQI Values, 2019 to 2024, Iowa City, IA Source: U.S. EPA Air Data Generated: January 16, 2024 Daily AQI Values, 2019 to 2024 Iowa City, IA FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC � IN ■ !i 1 � I111 ��■��I 1 ■� t il�l1■1ow I 1��1�■�■Il IN MINIM ■illi I 1 1111 will IN IN i■II■ m�mii I= ■1 J 64AY JUN JUL AUG lllllltl♦ -� llltl♦ �- ��� 1 W ■I MIN I 1 11 gill to In AQI Category 1 Good (<= 50 AQI) Moderate (51.106 AQI) Unhealthy for Sensitive Groups (101-150 AQI] 1 Unhealthy (151-200 AQI) I Very Unhealthy (201-300 AQI) 1 Hazardous (>=341 AQI) AQI Scale httl2s:Hagicn.org/scale/ Internet website & link pathways for this dataset on back. Internet location & link pathways for Diagram 2. * * * * * * * * * * *.epa.gov/outdoor-air-quality-data/air-data-multiyear-tile-plot Outdoor Air Quality Data Air Data - Multiyear Tile Plot Plot daily AQI values fora as location and time period- Each "tile" represents one day of the year and is calor -coded based on the highest daily AQI value at the selected menrtor - or among all monitors in the geographic area if "All Sites (Highest Daily AQI)" is selected. 1. Pollutant All AQI Pollutants 2. Period from 12019 v Ito 1 2024 v Naximumisyear /Qr ry time: 15 years - 30 sec, 25 years - 1m in) 3. Geographic Area I Iowa City, IA v --or — Select a County ... v All Sites (Highest Daity AQI) 191032001 4. Monitor 5 Not Data Also, much more information and data here: httos://www.el2a.gov/outdoor-air-quality-data T a R a, a: N A W tr P a sa E a tc N or Anne Russett From: Desiree Dahl <desireeadahl@hotmail.com> Sent: Wednesday, January 17, 2024 4:44 PM To: Anne Russett; *City Council Subject: Letter of Opposition to Rezoning of Kirkwood Community College A "This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** To members of City Council and the Planning and Zoning Commission, I am writing as a resident of the South District of Iowa City to express opposition to the rezoning of the Kirkwood Community College campus from P-1 to 1-1. Increasing manufacturing in the South District does not align with our community's climate action plan, nor our city's commitment to equity. The operations of manufacturing facilities such as Procter & Gamble's contribute to air pollution in our neighborhood. Many South District residents experience financial hardship and may be unable to access necessary healthcare services to mitigate the effects of the pollution they are exposed to. A manufacturing facility such as this also has many impacts that extend beyond our local community. Procter & Gamble's products use plastic packaging that will remain in landfills for hundreds of years. P&G also relies on unsustainable sourcing methods for palm oil and wood pulp that are causing significant harm to critical forests, endangered species, and Indigenous communities. The expansion of this corporation's influence in our community poses a danger to residents, local habitats, and the climate. I urge members of the Zoning Commission and City Council to oppose this plan. Sincerely, Desiree Dahl in response to Item: REZ23-0010 on the January 17, 2024 Planning and Zoning Commission Agenda Kellie Grace From: Cheryl Ridgeway <cherylann.ridgeway@gmail.com> Sent: Tuesday, January 16, 2024 9:48 PM To: *City Council Subject: Rezoning issue - Kirkwood Community College area ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Dear Council Members, I ask that you think carefully about the re -zoning request by Proctor and Gamble (P&G) for the Kirkwood Community land on Muscatine Avenue from P -i to I -i (General Industrial manufacturing of chemicals). My concern is that the deeply established residential area and the nearby schools would be exposed to chemical pollution from the facilities manufacturing processes of P&G should the re -zoning be approved. As I've heard from those currently living on the SE side, P&G fumes are already a health concern and expanding to the Muscatine Avenue location will exacerbate this situation for many. Please seriously consider the health and wellbeing of our Iowa City residents, young and old, who will be affected. Please also take into account Iowa City's Climate Action Plan and at the very least, insist P&G mitigate their sources of air pollution before operating from this site. Thank you, Cheryl Ridgeway Iowa City resident Sent from my Wad Kellie Grace From: Desiree Dahl <desireeadahl@hotmail.com> Sent: Wednesday, January 17, 20244:44 PM To: Anne Russett; *City Council Subject: Letter of Opposition to Rezoning of Kirkwood Community College A ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** To members of City Council and the Planning and Zoning Commission, I am writing as a resident of the South District of Iowa City to express opposition to the rezoning of the Kirkwood Community College campus from P-1 to 1-1. Increasing manufacturing in the South District does not align with our community's climate action plan, nor our city's commitment to equity. The operations of manufacturing facilities such as Procter & Gamble's contribute to air pollution in our neighborhood. Many South District residents experience financial hardship and may be unable to access necessary healthcare services to mitigate the effects of the pollution they are exposed to. A manufacturing facility such as this also has many impacts that extend beyond our local community. Procter & Gamble's products use plastic packaging that will remain in landfills for hundreds of years. P&G also relies on unsustainable sourcing methods for palm oil and wood pulp that are causing significant harm to critical forests, endangered species, and Indigenous communities. The expansion of this corporation's influence in our community poses a danger to residents, local habitats, and the climate. I urge members of the Zoning Commission and City Council to oppose this plan. Sincerely, Desiree Dahl in response to Item: REZ23-0010 on the January 17, 2024 Planning and Zoning Commission Agenda Kellie Grace From: Shaw, Martha C <martha-shaw@uiowa.edu> Sent: Wednesday, January 24, 2024 11:36 AM To: *City Council Subject: P&G and Kirkwood Campus RISK ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Dear Iowa City City Councilors, I have proudly lived in the South side for over 30 years. As I write this in my living room I can hear the almost constant siren -like drone coming from P&G. I do not want more industry and manufacturing in my neighborhood. I am strongly opposed to the rezoning of the Kirkwood Campus. I am asking that you reconsider this. Iowa City is full of creative people. I urge you to find a better, more creative use for the space. Sincerely, Martha Shaw Kellie Grace From: Pat Bowen <patjbowen@gmail.com> Sent: Friday, January 26, 2024 12:27 PM To: *City Council Subject: Rezoning of Kirkwood college facility ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** I am writing today to say how disappointed I am that the Planning and Zoning Commission voted to approve an application for the rezoning of the Kirkwood facilities which has recently been purchased by Proctor and Gamble. I find it hard to believe that P&G have "no plans" if it has hired an architecture and engineering firm. If they have no plans, then why are they requesting a rezoning at this time? Insist they are forthcoming with their plans, decisions such as this should not be made in a vacuum. There are many reasons to not rezone this property. A few of them are, industrial (toxic) odors associated with health risks, decrease property values for the near by neighbors which is mostly residential and not really knowing the truth of what P&G's intentions are. This neighborhood is intended for schools, parks, fire and police which is what the layout of the majority of it is today, to rezone to general industrial will be detrimental to the south east side of Iowa City. Just since I've lived here (to years), the south and east sides of Iowa City has been ignored by the city. I have seen more hard work and dedication to this part of town from the work of Angie Jordan and the South of 6 Business District and the South District Neighborhood Association. Be like Angie, work for the people of this community. I certainly hope by writing to you, my elected representatives in this matter, that you will override the commissions approval and vote no for this application. Please vote for the people you represent and not big business. Thank you in advance for voting against this proposal. Pat Bowen 1210 Village Road 52240 Item Number: 7.b. CITY OF IOWA CITY COUNCIL ACTION REPORT February 6, 2024 Motion setting a public hearing for February 20, 2024 on an appeal to the City Council of the decision of the Historic Preservation Commission approving a Certificate of Appropriateness with conditions for an alternation project regarding the installation of a mini -split HVAC system at 811 E. College Street in the College Green Historic District. Attachments: 811 East College Street Staff Report 12.14.23 HPC final minutes 811 East College Street COA Laura Westemeyer - 811 E College St - Appeal COA Staff Report December 7, 2023 Historic Review for HPC23-0082: 811 East Colleae Street General Information: Applicant/Owner: Laura and Barry Westemeyer, Irwestemeyer@gmail.com Contact Person: Barry Westemeyer, barry.westemeyer@gmail.com District: College Green Historic District Classification: Key Contributing Project Scope: The installation of mini -split cooling system with exterior piping. Applicable Regulations and Guidelines: 10.0 The Secretary of the Interior's Standards for Rehabilitation Property History: The Rohrbacher Sanitarium is a significant building from both an architectural and historical standpoint. Made of dark red bricks, sparsely trimmed with white stone, and with a round -arched window or two and a fine white -stone pedimented front entrance, this building exhibits a classical influence applied to a simple, blocky form. It was built in 1927 by Dr. William M. Rohrbacher who previously had housed his private hospital in a very large home (built for C.T. Ransom, prominent attorney, c. 1880s) on the same site. The building to the rear of the sanitarium appears to have once had automobile garage space which is now converted to apartments. Old, soft red brick faces portions of this building, and was likely salvaged from the house on the lot prior to the construction of the Sanitarium. The large boiler for the property was also in this building. Detailed Project Description: The current project involves the installation of mini splits on the roof and the installation of related piping. Mechanical and electrical permits are required for this project, which triggers historic review. While the work has been completed, it was not approved through the historic review process. Guidelines: The Historic Preservation Guidelines do not include specific recommendations for mechanical systems because they rarely impact the exterior of a historic building. The specific guidelines that will be used to review this project are Section 10, the Secretary of the Interior's Standards for Rehabilitation. (IC HP Handbook, 59): 2. The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided. 5. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved. 9. New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. 10. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. Radon installation systems have similar considerations as the installation of mini -splits; both have piping, while the mini -split also has an exterior unit. Radon Installation systems have been pre -approved for staff review if they meet certain conditions. These conditions could also be considered a template for reviewing a mini -split project. They are as follows: • The radon mitigation system being on a non -street facing elevation and located on the rear of the property if possible • The exposed PVC pipe (if any) is painted to match the structure. Analysis: The need for the installation of a mini -split system is not subject to review. The location of the exterior units and any exterior piping is subject to review. For this type of project, staff recommends that units are located on the back of primary buildings, or on roofs or other locations not visible from the street. Any exposed piping is located on the back of the building. Piping that cannot be in the back can enter the building and be obscured in chases and soffits constructed for the piping to run horizontally or vertically through the building. In other approvals, screening has been required for units that would be visible from the street. This project was completed by placing the units on the roof and running the piping down each side of the building as shown in the first three photos attached below. These photos also indicate the piping locations that staff finds are a negative impact to the historic character of the property, on the north, west, and east sides. During a typical project review, staff would work with the owner and contractor to provide alternative solutions to portions of the project that do not follow the guidelines. In this case, staff suggested in June to bring piping into the building through the roof since the units are located there. This week the applicant responded that their roofer and HVAC installer do not consider roof penetration a viable option. Staff would then suggest an alternative solution to locate the units on the ground and penetrate the wall from below. Review of building plans could provide additional alternative solutions with each unit's location and piping considered individually. Staff recommends that all installations on the "carriage house/boiler room" and the back of the Sanitorium should be painted to blend with the material on which they are mounted. Staff photographed the building this week. Since piping on the north, west, and east sides has been painted red, staff assumes that the applicant intends this solution to be the updated proposal (this was not communicated to staff). It is staffs recommendation that any piping on the north wall of the building and each side of the front projecting bay are relocated (one penetrates the center of a decorative arch over a window) as marked in the final photos, and that all additional piping is painted to blend with the building behind. Staff Recommendation: Staff recommends approval a Certificate of Appropriateness for the project at 811 East College Street as presented in the staff report with the following conditions: • Piping on the north wall of the building and each side of the front projecting bay is relocated • All additional piping is painted to blend with the building behind • Any damage to the brick building caused by the project is repaired with matching brick and mortar so that it is not visible. r., •{ e e 6 � I T �� 1 811 East College Street- November 2022 image - west side and North facade The following photos show installation locations that staff recommends being approved if the piping is painted to match the material on which it is mounted. This would be the case for all piping on the outbuilding and the south face of the main building, even if not indicated here. 811 East College Street — south side r -A Ift The following photos show the current installation with piping painted red. Note that even the historic downspouts for the gutter system are only located on the east end of the building and not on the street -facing side. Staff recommends the piping indicated in red is relocated. 811 East College Street — December 4, 2023 image. North and east sides of building wkr .4 Pk LN 0 M.: SY�A lit HISTORIC PRESERVATION COMMISSION DECEMBER 14, 2023 Page 2 of 17 MOTION: Wagner moves to approve a certificate of appropriateness at 738 Oakland Avenue as presented in the staff report with the following conditions: The window sashes are black. Stork second the motion. Sellergren noted she has seen on other houses an egress window where there is a galvanized steel dome that is set into the ground, is that how this would be. Bristow explained that's the portion of the guidelines that states it is required that the window well matches the foundation so they would not approve a galvanized steel window well, it could be either poured concrete or concrete block in this case because it would be coated in stucco to match the foundation. Lewis asked for clarification on the statement if a casement window is used here instead of a double hung window. Bristow explained it's because an egress window has to have a certain dimension of opening for accessibility and usually unless it's a very large double hung window, it won't provide that size. A casement window when it opens fully can provide that size space as well so it's very typical to also approve a casement window and add the muntin bars so that from the outside it appears like a double hung window. Obviously, when it's open it will look like a casement. Wagner noted if it's 5.75 square feet of opening as the minimum, is there still a portion under the ground or below the soil level. Bristow confirmed there is and that's why the window well will be required. The windowsill will drop below the ground in order to have enough space to get the right size casement window installed and the reason the window well is required is to hold back the ground. She added the window well has required dimensions as well. She also noted since it's holding back the earth and would collect water it is best if they put a drainpipe in it as well, that is something that isn't always done. A vote was taken and the motion carried on a vote of 9-0. HPC23-0002: 811 East College Street - College Green Historic District (mini -split installation) Bristow stated this property is a key property in the College Green Historic District, it has always been considered individually eligible for the National Register or for local landmark status. It is the historic Rohrbacher Sanitarium and was built in 1927. Dr. Rohrbacher had another large house on that property that he used for a long time and then he built this building, and that house was dismantled with quite a few trim details and other elements of that house used in this building. She showed images noting it went through a major rehab by Mark McCallum quite a few years ago and is now apartments. It does have a building in the rear that used to be a garage and/or carriage house. It also had a large boiler for the property that was remote in the garage. This project is the installation of mini splits for air conditioning and since mini splits require a mechanical permit it therefore requires a historic review. Bristow noted this project was completed in the past and she was notified by several members of the public that it had been done without a permit. Bristow showed an image from Google in 2022 that shows some of the piping from the mini splits that sit on the roof. The piping then travels down the face of the building, one enters in the decorative lintel above a window, another penetrates right through the decorative arch above another window. The roof has big scuppers that take the water and channel it into downspouts located on the far east side of the building likely because the builders of the building considered that the less public side, and that's where the parking is as well. Bristow stated when this project was reported to the City, they reached out to the owner, in July 2022. They tried to contact them about several things and in the meantime, they had another project on another building that they worked through and all the time trying to communicate about this building. HISTORIC PRESERVATION COMMISSION DECEMBER 14, 2023 Page 3 of 17 Finally on January 6, 2023, the owners submitted an application for the project and staff provided a comment about the fact that this piping did impact the historic character of the building but didn't get any response. Staff had been working specifically with one of the owners, but in July 2023 they reached out and said that it was the other owner who was the person in charge. Staff wrote to that owner and did not receive a response. With then approach o the end of the year, staff decided they needed to get the project reviewed. Staff reached out to the owner again and stated it would be put on the agenda. The owner responded by providing a letter that stated the need for the mini split system was to remove the exterior air conditioning units, which getting rid of those would help to not damage the building. Bristow stated there was never any question about whether or not something like this could be done, it's just that staff would have worked with them to make sure that the location of the piping was appropriate. For instance, there is a house in Manville Heights, a local landmark, but before it was landmark the owner installed mini splits for the whole house and there's absolutely no exterior piping on that project, all of the mini splits are located in a place where they ran the piping down through chases they made in the backs of closets and some soffits to run it horizontally through the house. Typically, in a project like this, if the owner had reached out, staff would work with them and their HVAC contractor to come up with a plan of how to do this work. Staffs recommendation would be that piping that's exposed on the exterior should not be located on the front face of the building and it should never penetrate any architectural details. Additionally, it should always be painted to blend with the building and if the units were visible they would need to be screened as well. Bristow stated the guidelines do not talk about piping per se so this is one of those areas where they look to the Secretary of Interior standards and there are four standards that are related to this. The first standard that applies to this is Standard 2, the historic character of a property shall be retained and preserved and the removal of historic materials or alteration of features and spaces that characterize a property shall be avoided. She stated this standard enforces they should not put piping through important details because they should avoid altering those aspects of the building. Next is Standard 5, distinctive features, finishes and construction techniques are examples of craftsmanship that characterize a property and shall be preserved. This is a similar sentiment as the first standard. Third is Standard 9 which states new additions, including piping, exterior alterations or related new construction shall not destroy historic materials that characterize the property. And finally Standard 10 is new additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. Bristow also noted this type of installation project is similar to radon mitigation systems which have been approved for staff review so they don't need to come to the Commission and are approved through staff review if they meet specific conditions. The conditions for radon mitigation installation that could be considered a template for reviewing the installation of mini -splits include the fact that the system is on a non -street facing elevation and located on the rear of the property if possible and the exposed PVC pipe is painted to match the structure. Staffs recommendation is that any piping on the north wall of the building and each side of the front projecting bay is relocated, any additional piping is painted to blend with the building behind, and any damage to the brick building caused by the project is repaired with matching brick and mortar so that isn't it is not visible. Bristow stated the initial recommendation from staff was to put it through the roof and run it straight down through a chase, but the owner stated both their HVAC installer and their roofer don't think that's a viable option. Staff would then suggest an alternate option to go in the eastside (or south side) and go laterally through the building using chases or soffits. This does require work and they must then finish that wall or ceiling, however, this does preserve the exterior of the building. If this Commission were to approve the recommendation as staff has stated it, that would involve the HISTORIC PRESERVATION COMMISSION DECEMBER 14, 2023 Page 4 of 17 owner working with staff on this, which they have not worked with staff in any way on this project whatsoever to this point, but that would be a requirement. The alternative would be if the Commission felt that it was appropriate to just leave them painted as they are they could decide to approve that as well. Lewis asked if the paint currently matches the brick color because it looks like a different color so what is the actual distinction between matching and non-matching. Bristow acknowledged brick does have a depth of color and some variation in color so it can be difficult to match as well. Barry Westemeyer stated he and his wife both own this property together; he is the owner, the secondary owner that was referred. He acknowledges ignorance is no way to work through this, but they were working hard to restore this building and he wanted to give the Commission some background. First when they bought the building every spring and every fall he installed and uninstalled 15 window units that mounted to custom made storm windows that were basically destroying those storm windows. Also the effervescence or the condensation was running off which required them to re -tuck point that building and ended up spending close to $15,000 from the damage. Westemeyer stated they were working with a credible local contractor, and just basically went at it from the front side. The contractor had no idea and was a little mystified because he did not know if needed to be permitted but they did end up getting it permitted and paid that substantial fee of 1000s of dollars. Westemeyer has been trying to backwards engineer this to a certain extent, their HVAC guy said he would never go through the roof and a roofing contractor said that is not an option and voids the warranty of that roof. The roof is complex, it's not necessarily a flat roof, but there's some interesting trusses and how water moves to the scuppers on the east side. He thought it was most viable because they were getting the cartridges on the inside to bedrooms or living rooms, and that's where they were removing window units from as well. Westemeyer admitted he didn't know the fine details of the historic benefits that are derived and had to be concisely followed. They were just looking at it from the standpoint of not only the window air conditioners but the boiler that was contained in the basement of the carriage house was no longer viable because it was a steam system and was damaging the main building from steam hammers, water hammers, losing plaster, and they had all sorts of issues based upon that unit. Westemeyer stated they were in a bit of a time crunch to get this resolved because they were not going to have that boiler unit for the winter of 2022-23. Regarding the color, they matched the original color of the downspouts, that's the assumption they made with the color. From an ownership standpoint, he just wanted to interject that his wife and he have owned this building for over a decade now and continue to make improvements, they want that building to be the best building that it can be. Yes, it's a rental property but they try very hard to attract good tenants, they have several retirees, they have young professionals, and they have grad students, they try to avoid undergrads. They have quiet hours after 11 o'clock in that building and one of their tenants is a master gardener so great pride is taken on the grounds of that building. None of the work was done cheap, it's a building that they take a lot of pride and put a lot of work into. He is there four or five days a week doing work for tenants, yard work, maintenance and things like that so it's not an absentee landlord situation either. Westemeyer stated they live here locally, and he's been in business here since 1996. Sellergren acknowledged it's a gorgeous structure, and thanked Westemeyer for maintaining it and asked when they did decide to do the HVAC system this newer way was there any discussion about putting pipes through the roof. Westemeyer stated their HVAC contractor referred them to the person that did the roof and he said the roof warranty would be voided because it's very interesting how the roof is constructed, it's not a true flat roof, it has a membrane over the top of it and also has closed cell foam with a coating over the top of that. So to be able to get through that, it's almost like there's a mini truss system up there that moves the water in and ramps it to the scuppers on the east side, so coming through the roof was going to be very complex and almost undoable based upon their opinions. HISTORIC PRESERVATION COMMISSION DECEMBER 14, 2023 Page 5 of 17 Beck asked if there is a way to adjust this so that it would meet the guidelines for approval, per Westemeyer's description of what they've tried and what seems to be unfeasible, is it is it possible for him to meet the guidelines. Westemeyer stated it would be unfeasible, to go back and redo the line sets that go into each cartridge into the bedrooms, they would have to be torn off the front, torn off that the bay portion on the west side, and have to be rerouted back over the back side or the east side. Additionally, on the inside standpoint, it's not like there are exact apartments stacked one on another, every apartment is different so to be able to move through those spaces and find places in closets, there's some of the places that the closets are half the size of this podium, so then to be able to hang cartridges in the proper space, to both air condition and heat those spaces would be a challenge. That's why they were placed where they were placed for optimization. Westemeyer stated also he's had this discussion about a retro standpoint with his HVAC contractor and the cost was a consideration as well, by the time that system was put in and wired and everything it was a six figure system, it was not inexpensively done. Lewis asked about specific guidelines for mini splits. Bristow reiterated they don't have specific guidelines for those and instead follow the Secretary of the Interior standards. Lewis asked again what the staff recommendation was regarding relocating the piping. Bristow stated the staff recommendation would remove the piping from at least those locations where it penetrates architectural details, so to either come in on the south, east or the west side. If they can't travel the pipes vertically then it would be a matter of making a soffit and traveling horizontally at the roof level, or the ceiling level in each floor. Sellergren asked to what degree Historic Preservation staff would be able to provide guidance. Westemeyer started with his contractor, and he had no idea that it had to be a permitted job. This contractor does a lot of work in Iowa City and it's the first time that he has ever had to permit a mini split system and he's never had an issue since. Westemeyer acknowledged obviously the ball was dropped, but it wasn't an intention to mislead, and he has been trying to figure out options and running into dead ends because if they start pulling all these line sets it's seasonal sensitive and these people will be without their heat and/or their air conditioning for a substantial time, the install was probably over two months. Then trying to find ways to come back into the building, going through other people's apartments to get to those front apartments. Bristow noted in 2016 the sorority on the corner of Burlington and Dodge were going to put in this kind of system and that contractor knew that these do require permits across the City always. With that project that contractor did reach out to staff and they worked with them about where they would go on the outside, where the piping would run, and reviewed the location of the things on the inside to verify locations of piping on the outside. She explained that's why staff has architectural training, to be able to work through things like this. Obviously, the owner would be in that conversation but that's the kind of project where staff would typically work with the contractor. Contractors who do this type of work often want to do it in the easiest way possible, because that's easiest for everyone, but that's not always the most appropriate installation and it is common for things like this to be worked through. Bristow stated they have to hide the piping and it can be done in some way. No, they're not going to require that they do it in the middle of winter, or in the hottest part of the summer, staff will work with owners on these types of projects to come up with a solution that works for everyone but also preserves the historic character of the building. Stork had a general question and remark about the damage that was done from the window units and the effort to have those there and remove them, it just seems like the obvious solution is the mini split and the piping but where does it go and how to they make it work and preserve the aesthetics of the HISTORIC PRESERVATION COMMISSION DECEMBER 14, 2023 Page 6 of 17 building. It is a balance of pros and cons but was Westemeyer and his wife happy with the aesthetics of the white pipe. Westemeyer replied no, the intention was always to paint them. Regarding the window units, there were no window units in 1927, but were needed in later years and when they're hanging window units for six months out of the year, they're changing the look of that building, aesthetically, and it doesn't look like it was when it was built. Sellergren noted but that's not permanent. Westemeyer agreed but stated it's still there for six months out of the year and it caused gradual permanent damage. Sellergren asked if Westemeyer would be open to the idea of working with staff to approach these one by one and find the best possible solutions. Westemeyer stated looking at it from the standpoint of a sorority house, it's empty for three months out of the year, and over Christmas break, they have tenants in there full time and their tenants are their customers. Thomann noted Westemeyer stated they've had the property for 10 years, when they bought it did they know that it was in a historic district. Westemeyer confirmed he knew but didn't know the guidelines and the boundaries. They own other properties in town, but this was their first in a historic district and first older building. There's been a lot of learning on the run with this particular property but again they take a lot of pride and have done a lot of work there. Thomann asked since they've owned this property, or others, have they had to go through the historic preservation review for other items. Westemeyer replied when they replaced a set of stairs on the back he did work with City staff, but again it was also something that required special timing because the tenants weren't going to be able to get into their apartments, and they had to make a change. Lewis noted when they've had situations where this has happened, where something has been done and doesn't match the guidelines, the recommended motion is to say go back and make those changes to make it be what the Commission would have approved to begin with correct. Bristow replied the directive is whether the work is done or not the Commission always reviews as if it this is a proposal. Just because the work is done, it was done without the proper review, and doesn't matter in the Commission's review of it, they need to review it as a proposal. Sellergren stated in her opinion she feels like this is a situation where some kind of compromise needs to be reached, there needs to be some kind of alterations made to what is currently there and that will require working with staff. Bristow reiterated there's a motion that's recommended but the Commission can also approve keeping them as they are, painted, or they could make it less relocating as well, maybe relocate some, not all, it's the Commission's purview to determine what the motion is and what they want to approve. Lewis asked if they approve this motion and there is a situation where they can't move one of the lines, do they just work with staff on solutions. Bristow confirmed yes, staff will work through it with the owner and if they can't find a way to remove it they would come back to the Commission because then the alternative would be to remove that unit completely. Staff has recommended everything on the north face, plus both sides of that front north bump out be moved, if the Commission wants to do less than that, then they should state which ones they want relocated individually. Westemeyer asked if the Commission makes that suggestion, and it can be passed, but then all of a sudden a whole new set of problems evolve because once again they are going through other people's apartments to make it to those front one, what will happen. Sellergren stated they are the owner and the steward of a historic building that's in a historic district and so that is their job as the owner of the HISTORIC PRESERVATION COMMISSION DECEMBER 14, 2023 Page 7 of 17 building to preserve the integrity of the historic building. Westemeyer responded that his job first and foremost is to preserve the integrity of the building to serve his customers and the fact that he is the steward of a historic building in a historic district he understands that goes hand in hand but doesn't think it's his first job now. However, if he were to neglect that building, and let it fall to dust, that would not be a very good steward. Sellergren noted communication with historic preservation staff from the beginning of the project probably is what would have been ideal but at this point it seems like it would be a good idea to open up the discussion and move forward from there. MOTION: Brown moves to approve a certificate of appropriateness for the project at 811 East College Street as presented in the staff report with the following conditions: • Piping on the north wall of the building and each side of the front projecting bays is relocated. • All additional piping is painted to blend with the building behind. • Any damage to the brick building caused by the project is repaired with matching brick and mortar so that is not visible. Beck seconded the motion. Beck asked about the first bullet and the relocations, that's just looking at the options it doesn't necessarily mean to go through the roof correct, they may be able to route another way. Brown stated if they were able to mentally back up to the start of the project staff would have looked at various ways to approach it and come up with options to see what works and what doesn't. It might be that every apartment except for one can have HVAC if they follow all the guidelines and so they would have approved it with an exception for the one that doesn't exactly follow the guidelines. If a property owner goes forward with a project without following the proper process, then they should be required to go back and follow the proper process. He understands then from all the different bullets of the motion they are saying let's go back and think through what process should have been followed, there may be some pipes that can't be moved. Thomann stated the Commission could just call out the pipes they feel must be moved. Bristow confirmed they could. Brown noted if they can't be moved it's because had they done the process this way from the beginning, this would be where they would have landed and would have made an exception. Bristow stated if the Commission approves this motion staff would have to work with their HVAC person to determine alternative routes for those included in the motion and then that's where it would come back to the Commission if there's one that's unique and needs revisiting. Stork wants to challenge the Commission to really ask themselves if this does ruin the spirit of the historic architecture of the building and make sure that this is such an egregious act against the historic character of the building that they can't allow it to stay as is. Sellergren stated egregious seems like a strong word, she feels they just go back to the guidelines and the guidelines say these shouldn't be there and had this come through the Commission first what would the recommended action be. Stork acknowledged the fact that this didn't come to them he is more curious why they have contractors HISTORIC PRESERVATION COMMISSION DECEMBER 14, 2023 Page 8 of 17 working in the City that claim they didn't know that this is a permit thing. On a side note, this is the third meeting in a row where they've heard tales of contractors. Bristow stated that is definitely something they should be letting the building inspectors know that they have a group of contractors who think they don't need permits. Anytime HVAC is done, a permit is required. Stork stated his only concern with the idea of is this egregious enough that they would object to it and then essentially all it takes is for a contractor to claim that they don't know something and then it's up to the Commission to always decide which of these things that didn't follow the guidelines are egregious, that's the part that he doesn't like about it. Brown agrees but really wants to try to encourage property owners and homeowners to work with the Commission, get the word out there on the streets that they're not this fearsome group that's going to be saying no to everything. Lewis noted yes, they have guidelines, but they've given a number of exceptions to things, for instance, the egress window, because they understand the costs of things and tend to be relatively lenient. Bristow noted they did have multiple complaints about this installation as well from the general public. Sellergren noted it seems like they just need more information if they're going to allow for an exception or not and what are the options. If staff and the contractors went through the conversation and tried to find a compromise but found there was no other way to move these pipes would this suggestion be to get rid of them completely. Bristow stated she doesn't know the plans of this building and hasn't been inside it so for her to make suggestions of things to happen she would need to know more information about the building. Sellergren stated it would be nice if there weren't a pipe coming straight out of one of the more prominent window arches but at this point staff needs to go in, work with the HVAC contractor, take a look and figure out what's possible and go from there. A vote was taken and the motion carried on a vote of 8-1 (Stork dissenting). HPC23-0056: 610 North Johnson Street - Goosetown/Horace Mann Conservation District (porch reconstruction) deferred from November 9 meetina and staff report revised: Bristow stated this home is in the Goosetown/Horace Mann Conservation District and she had a little bit more time to explore the history of this building than what was shared in the November staff report. This building used to be where Mercy Hospital built the pedestrian drop off on Market Street, right under or right west of the skywalk that is there now. It was moved by Max Yocum in 1967 to this current location. Before it was moved it had a full width front porch and a little open porch on the back. When the house was moved the porch was truncated and the little porch on the back was not reinstalled. She noted this was another project that was done without a permit and what ended up happening is that they applied for a permit on the same day they started demo and it was reported to her by a member of the public again that it was being done. Bristow reached out to the building inspector at that time. They've received a citation and they're currently going to court, she believes there's a court date next week. Within one week that work was done so staff was never given any opportunity to review the work. The owner has stated that it was an emergency and a life safety issue however the building inspectors and the building department are the ones who determine if a property 1982 Iowa City Historic Preservation Commission City Hall, 410 E Washington Street, Iowa City. IA. 52240 CERTIFICATE OF APPROPRIATENESS HPC23-0002.• 811EastCClege Street A meeting of the Iowa City Historic Preservation Commission was held at the City Hall on December 14, 2023. The following members were present: Margaret Beck, Carl Brown, Andrew Lewis, Jordan Sellergren, Noah Stork, Deanna Thomann, Nicole Villanueva, Frank Wagner, and Christina Welu-Reynolds. By a vote of 8-1 (Stork voting no), the Commission approved a Certificate of Appropriateness for an alteration project at 811 East College Street, a key property in the College C ccn Historic District The project is the installation of mini -split HVAC system with condenser units located on the roof and associated piping extending down the face of the building. The project was completed without historic review with multiple pipes extending down the exterior of the building including some piping on the front (north) elevation of the building and on either side of the front wing. The application is subject to the following conditions: 1. Piping on the north wall of the building and each side of the front projecting bay is relocated (as indicated in the following photos) 2. All additional piping is painted to blend with the building behind 3. Any damage to the brick building caused by the project is repaired with matching brick and mortar so that it is not visible. The project is approved subject to the conditions specified in this certificate, notations in the application, and the discussion by the Commission as provided in City Code Section 14-8E-2. All work is to meet the specifications of the guidelines unless otherwise noted. Any additional work that falls under the purview of the Historic Preservation Commission that is not specified in this certificate will need a separate review. The decision my be appealed to the City Council, which will consider whether the Historic Preservation Commission has exercised its powers, and followed the guidelines established according to the Title (Title 14 of Iowa Zoning Code), and whether the Commission's action was patently arbitrary or capricious (Iowa City Zoning Code, Article 148E -2D). To appeal, a written letter requesting the appeal must be filed with the City Clerk no later than 10 business days after the date of the filing of this certificate. Approval by the Historic Preservation Commission does not constitute final approval for a project. Contact the Building Department to acquire a building permit before beginning the project. The Historic Preservation Commission does not review applications for compliance with zoning ordinance and building code. %V— Jordan Sellergren, Chair Iowa City Historic 'reservation, Commission Jessica Bristow, FEme Preservation Planner i of Development Services 12/21/23 NALL Om f� J-11 �..�.. �a LA �oil �r i Kellie Grace From: Laura W <Irwestemeyer@gmail.com> Sent: Tuesday, January 9, 2024 2:14 PM To: Kellie Grace Subject: Fwd: 811 East College Street Attachments: We sent you safe versions of your files; 811 East College Street COA.pdf RISK ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files. Good Afternoon Kelly, we are appealing the Historical Preservation Decision, can you please forward this to the City Council. Thank you. Please let me know if you have any questions. Regards, Laura Westemeyer Laura Westemeyer 319-466-9428 c_ ---------- Forwarded message --------- From: Jessica Bristow <1Bristow@iowa-city.ore> Date: Thu, Dec 21, 2023 at 1:02 PM Subject: 811 East College Street To: Barry Westermeyer <barry.westemeVer@email.com>, Laura W <Irwestemever@zmaiLcom> ry ru Cc Anne Russett <ARussett@iowa-citV.orx>, Tim Hennes <thennes @iowa-city.org>, Cynthia Marx <CMarx@iowa- city.ora>, Terry Goerdt <tsoerdt@iowa-city.ora>, Wendy Mayer <WMayer@iowa-citV.org Barry, Here is the Certificate of Appropriateness for the mini -split project at 811 East College Street as approved by the Commission with conditions. If you can work with your contractor to find alternative locations for the piping on your own, that is acceptable. Otherwise, staff is happy to help. Additionally, coordination with staff would be required if an alternative location is not found for any of the piping. Further information, through a site visit and/or architectural drawings, will be necessary for staff to provide assistance. Please let me know if you have further questions. Jessica Bristow, Historic Preservation Planner (she/her) 319 356 5243 Disclaimer The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful. 1484 ®� Iowa City m Historic Preservation Commission Cu, Holl, dUi b: LC'aahingeon Screct, Irma Om 1:1. �2_'4n CERTIFICATE OF APPROPRIATENESS HPC23-0002.• 811 East College Street A meeting of the Iowa City Historic Preservation Commission was held at the City Hall on December 14, 2021 The following members were present-. Margaret Beck, Carl Brown, Andrew Lewis, Jordan Sellergren, Noah Stork, Deanna Thomann, Nicole Villanueva, Frank Wagner, and Christina Welu-Reynolds. By a vote of 8-1 (Stork voting no), the Commission approved a Certificate of Appropriateness for an alteration project at 811 East College Street, a key property in the College Green Historic District. The project is the installation of mini -split HVAC system with condenser units located on the roof and associated piping extending down the face of the building. The project was completed without historic review with multiple pipes extending down the exterior of the building including some piping on the front (north) elevation of the building and on either side of the front wing. The application is subject to the following conditions: 1. Piping on the north wall of the budding and each side of the front projecting bay is relocated (as indicated in the following photos) 2. All additional piping is painted to blend with the building behind 3. Any damage to the brick building caused by the project is repaired with matching brick and mortar so that it is not visible. .w The project is approved subject to the conditions specified in this certificate, notations in the appb*on, and the discussion by the Commission as Provided in City Code Section 14-5E-2. All work is uLmccr the specifications of the guidelines unless othervisc noted. Any additional work that falls under the Nrview of l the Historic Preservation Commission that is nor specified in this certificate will need a separate revipw. Lo ;J The decision my be appealed to the City Council, which will consider whether the Historic Prqaervatjoti�t Commission has exercised its powers, and followed the guidelines established according to the TitPr(Tit1c,W- of Iowa Zoning Code), and whether the Commission's action was patently arbimart- or capricious Wwa Cifr Zoning Code, Article 14 -8E -2D). To appeal, a written letter requesting the appeal must be filed wiftche City Clerk no later than 10 business days after the date of the filing of this certificate.' Approval by the Historic Preservation Commission does not constitute final approval for a project. Contact the Building Department to acquire a building permit before beginning the project. The Historic Preservation Commission does not review applications for compliance with zoning ordinance and building code. Jordan Sellergren, Chair Iowa City Historic preservation' Commission �MIct, - Jessica Bristow, Histcaic Preservation Planner Department of Development Services 12/21/23 Item Number: 7.c. CITY OF IOWA CITY COUNCIL ACTION REPORT February 6, 2024 Resolution setting a public hearing on a proposed Amendment No. 1 to the Highway Commercial Urban Revitalization Plan. Prepared By: Reviewed By: Fiscal Impact: Staff Recommendation Commission Recommendations: Attachments: Resolution Sara Hektoen, Asst. City Attorney Eric Goers, City Attorney None Approval N/A Executive Summary: Staff proposes that the Urban Revitalization Plan be amended to be consistent with state code regarding preapproval of improvement projects for which an owner intends to seek the partial tax exemption allowed pursuant to the Plan. Currently the Plan requires such preapproval, while the code merely makes it permissible. This amendment would not eliminate the requirement to obtain approval of the project and exemption after construction. This resolution sets the public hearing on the proposed Plan amendment. Prepared by: Sara Hektoen, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 Resolution No. 24-32 Resolution setting a public hearing on a proposed Amendment No. 1 to the Highway Commercial Urban Revitalization Plan Whereas, pursuant to authority granted in Iowa Code Chapter 404 "Urban Revitalization Tax Exemptions," the City adopted the Highway Commercial Urban Revitalization Plan ("Plan") on April 20, 2021, pursuant to Resolution 21-106, recorded in Book 6213, Pages 179-230, in the records of the Johnson County, Iowa Recorder; and Whereas, said Plan designated an area of the City as a revitalization and economic development area appropriate for commercial and industrial enterprise, and found that the rehabilitation, conservation, redevelopment, economic development, or a combination thereof of the Highway Commercial Urban Revitalization Area ("Area") was necessary in the interest of public health, safety or welfare of the residents of the City; and Whereas, the Plan allows for a partial tax exemption for three (3) years on the actual value added to certain commercially -assessed real estate located within the Area through rehabilitation, reconstruction or construction improvements that increase the actual value of the property by at least 15%; and Whereas, Iowa Code Section 404.4 states "a person may submit a proposal for an improvement project to the governing body of the city or county to receive prior approval for eligibility for a tax exemption on the project;" and Whereas, the adopted Plan states that such prior approval is required; and Whereas, such prior approval merely confirms that the proposed improvement project conforms the Plan but does not entitle the owner to the tax exemption until the improvements have been completed and found to be qualified real estate, as defined in the Plan; and Whereas, prior approval does not eliminate the requirement for an owner to file an exemption application once the project is complete, which must be approved by the City Council pursuant to state code; and Whereas, the City Council shall approve the exemption application, subject to review by the local assessor pursuant to section 404.5, if the project is in conformance with the Plan, is located within the designated revitalization area, and if the improvements were made during the time the area was so designated; and Whereas, to be consistent with Iowa State Code Chapter 404, the City desires to amend the Urban Revitalization Plan to allow but not require prior approval for eligibility for a tax exemption on an improvement project; and Whereas, Iowa Code Chapter 404 and the Plan allow amendments only after a public hearing before the City Council and publication of notice thereof. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: Section 1. That the City Council intends to consider a resolution amending the Highway Commercial Urban Revitalization Plan following a public hearing to be held on February 20, 2024 Resolution No. 24-32 Page 2 at 6:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Section 2. That the proposed amendment would modify Section 2 "Plan Components," Paragraph A, Subsection 4. "Prior Approval of Eligibility and Application for Tax Exemption" of the above-described Plan to eliminate the requirement for an owner to obtain approval of an improvement project prior to commencement of the improvements for which an owner intends to seek a tax exemption. The Plan would instead make such prior approval permissive. Section 3. That the City Clerk is authorized and directed to give public notice of this public hearing in the "Press -Citizen," once on a date not less than seven (7) nor more than twenty (20) days before the date of said public hearing, in substantially the following form: NOTICE OF PUBLIC HEARING TO CONSIDER APPROVAL OF A PROPOSED AMENDMENT TO THE HIGHWAY COMMERCIAL URBAN REVITALIZATION PLAN IN THE CITY OF IOWA CITY, IOWA The City Council of the City of Iowa City, Iowa will hold a public hearing at its meeting on February 20, 2024 which commences at 6:00 P.M. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk to consider adoption of the Highway Commercial Urban Revitalization Plan, Amendment No. 1 to eliminate the requirement for prior approval of proposed improvement projects. A copy of the Amendment No. 1 is on file for public inspection in the office of the City Clerk, City Hall, Iowa City, Iowa. Any person or organization desired to be heard shall be afforded an opportunity to be heard at such hearing. This notice is given by order of the City Council of Iowa City, Iowa, as provided by Section 404.2 of the State Code of Iowa. Dated this day of _ s/ eilie K. Grace City Clerk, Iowa City, Iowa Passed and adopted this 6thday of February, 2024 &or Attest: City Clerk City Atto ey's Office - 02/01/2024 Resolution No. 23-32 Page 3 It was moved by Dunn and seconded by salih the Resolution be adopted, and upon roll call there were: Ayes: Nays x x Absent: Alter Bergus Dunn Harmsen Moe Salih Teague Item Number: 7.d. CITY OF IOWA CITY COUNCIL ACTION REPORT February 6, 2024 Resolution setting a public hearing for February 20, 2024 regarding the intent to enter into Lease Amendment #2 with Greater Iowa City, Inc. to renew their lease for the Merge space within the Iowa City Public Library. Prepared By: Eric Goers, City Attorney Reviewed By: Geoff Fruin, City Manager Rachel Kilburg Varley, Economic Development Coordinator Fiscal Impact: Rental income will remain $2,000 per month. Staff Recommendation: Approval Commission Recommendations: N/A Attachments: ICAD Lease Amendment #2 Resolution Executive Summary: Greater Iowa City, Inc. (formally the Iowa City Area Development Group, Inc., or ICAD) has been leasing City -owned office space at 136 S. Dubuque Street for a number of years, as part of an entrepreneurial center and co -working partnership with the University of Iowa called MERGE. The current lease expires in February 2024. This resolution sets the public hearing to authorize the extension of this lease for four years and includes a $2,000 per month rental rate while maintaining all other terms of the current lease. Background /Analysis: City -owned space at 136 S. Dubuque Street, on the west end of the Iowa City Public Library, has been leased to Greater Iowa City, Inc. (formally ICAD) since 2015. The co -working space at MERGE has been an important addition to our community's economic development ecosystem and contributes to the downtown business district. MERGE represents collaboration between Greater Iowa City, Inc., City of Iowa City, the University of Iowa, private businesses and entrepreneurs, the Iowa City Downtown District, and Think Iowa City. The City is one of many public financial sponsors of Greater Iowa City, Inc. In addition to annual operational support, the City provides the space at 136 S. Dubuque St. at a rent below market rate in further support of the organization's offerings. Reduced rent is considered to be part of the City's sponsorship of the program. The current four year lease, expiring in 2024, established rent levels at $2,000 per month, which the City intends to continue offering, which should be recognized as an in-kind contribution to Greater Iowa City, Inc. and will be factored into future cash contributions to the organization. All other lease provisions will remain unchanged from the current lease. Lease Amendment #2 Between the City of Iowa City and the Iowa City Area Development Group, Inc., d/b/a Greater Iowa City, Inc. This Lease Agreement Amendment #1 ("Amendment #2") is made by and between the City of Iowa City ("City" or "Landlord") and the Iowa City Area Development Group, Inc. ("ICAD" or "Tenant') in Iowa City, Iowa. Recitals A. The City of Iowa City, a municipal corporation, is the owner of fee title to certain premises situated in the City of Iowa City, State of Iowa, commonly known as the Iowa City Public Library, and has the authority to lease said premises. B. The Iowa City Area Development Group, Inc., d/b/a Greater Iowa City, Inc., pursuant to a Lease Agreement ("Lease") approved by the Iowa City Council in Resolution number 15-394 on December 15, 2016, has been using the space for office purposes, as well as to collaborate with the University of Iowa in mentoring and fostering entrepreneurial efforts. C. Pursuant to the terms of said Lease, the parties negotiated a second four-year term, to run from March 1, 2020 through February 29, 2024, with rent payable monthly in the amount of $2,000.00, with all other terms and conditions remaining the same. D. The parties have now negotiated a new four-year term, running from March 1, 2024 through February 29, 2028, with rent and all other terms and conditions to remain the same. E. The parties have also agreed that Tenant will have an option for an additional four-year term running from March 1, 2028 through February 29, 2032, subject to agreement by both parties on terms. In consideration of the foregoing and the mutual covenants hereinafter contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, Landlord and Tenant hereby agree as follows: Agreement 1. Term. The term ('Term") of this Amendment #2 shall be from March 1, 2024 through February 29, 2028. Tenant shall also have the option to renew for an additional four-year term running from March 1, 2028 through February 29, 2032, subject to agreement by both parties on terms. 2. Rent. Tenant agrees to pay to Landlord as rental for said Term, as follows: $2,000.00 per month, in advance, the first rent payment becoming due upon the 1st day of March, 2024, and the same amount, per month, in advance, on the 1st day of each month thereafter up to and including the 11' day of February, 2028. All sums shall be paid at the address of Landlord, as above designated, or at such other place in Iowa, or elsewhere, as the Landlord may, from time to time, designate in writing. 3. All other Lease terms remain. All other terms and conditions of the Lease remain in full effect. In Witness Whereof, the parties hereto have executed this Instrument to be effective as of the day and year first above written. Landlord: City of Iowa City Geoff Fruin, City Manager CITY ACKNOWLEDGMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) Tenant: Iowa City Area Development Group, Inc., President On this day of , 2024, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Geoff Fruin, to me personally known, who being by me duly sworn, did say that he is the City Manager 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 City Manager acknowledged that the execution of said instrument is his voluntary act and deed and that he is empowered to bind said corporation. Notary Public in and for the State of Iowa IOWA CITY AREA DEVELOPMENT GROUP, INC. STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of , 2024, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared , to me personally known, who being by me duly sworn, did identify himself as President of the Iowa City Area Development Group, Inc., and acknowledge the execution of the instrument to be his own voluntary act and deed, and that of the Iowa City Area Development Group, Inc. Approved: City Attorney Notary Public in and for the State of Iowa 2 Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 Resolution Number: 24-33 Resolution setting a public hearing for February 20, 2024 regarding the intent to enter into Lease Amendment #2 with Greater Iowa City, Inc. to renew their lease for the Merge space within the Iowa City Public Library. Whereas, the Iowa City Area Development Group, doing business as Greater Iowa City, Inc., has leased approximately 4,935 square feet of main floor commercial space, as well as approximately 7,995 square feet of basement commercial space, all located in the Iowa City Public Library Building, for their use; and Whereas, the term for the lease, as amended, runs through February 29, 2024; and Whereas, the parties have negotiated a lease renewal, entitled Lease Amendment #2, running March 1, 2024 through February 29, 2028, with an option to renew for an additional four years under mutually agreeable terms, subject to Council approval; and Whereas, leases greater than three years in length require a public hearing and Council approval. Now Therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The City of Iowa City does hereby declare its intent to enter into the above -referenced Lease Amendment #2. 2. A public hearing on said proposed lease agreement should be and is hereby set for February 20, 2024 at 6:00 p.m. in Emma Harvat Hall, City Hall, 410 E. 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. The City Clerk is hereby directed to cause Notice of Public Hearing to be published as provided by law. Passed and approved this 6th day of February , 20 24 Attest: City Clerk Mayor Approved by: G . City Att rney's Office - 02/01/2024 Resolution No. 24-33 Page 2 It was moved by Dunn and seconded by adopted, and upon roll call there were: Ayes: Nays: Absent: salih the Resolution be Alter Bergus Dunn X Harmsen X Moe X Salih X Teague Item Number: 7.e. CITY OF IOWA CITY COUNCIL ACTION REPORT February 6, 2024 Resolution setting a public hearing on February 20, 2024 on project manual and estimate of cost for the construction of the Highway 6 East Water Main Replacement Project, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said project manual on file for public inspection. Prepared By: Marri Van Dyke - Civil Engineer Reviewed By: Jason Havel - City Engineer Ron Knoche - Public Works Director Geoff Fruin - City Manager Fiscal Impact: $880,000 available in the Hwy 6 (Fairmeadows to Industrial Park Rd) Water Main Replacement Account #W3320 Staff Recommendation: Approval Attachments: Resolution Executive Summary: This item begins the bidding process for the Highway 6 East Water Main Replacement Project, which includes installation of approximately 2,100 linear feet of 16" ductile iron and PVC water main on the north side of Highway 6 East between Farimeadows Boulevard and Industrial Park Road. The project will also include installation of associated valves, hydrants, service connections, and pavement removal and replacement. Background /Analysis: The City water main on the north side of Highway 6 East between Fairmeadows Boulevard and Industrial Park Road has had five (5) water main breaks since the year 2000, four (4) of which happened in 2018 and 2019. Due to the size and relative location of the water main in the distribution system, the breaks on this line are very disruptive with large pressure swings that cause water quality and integrity issues, as well as loss of service to critical customers. These breaks have been largely a result of corrosion, and continued breaks are expected until the main is replaced due to corrosive soils in the area. Prepared by: Marri VanDyke, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319)356-5044 7'ei Resolution No. 24-34 Resolution setting a public hearing on February 20, 2024 on project manual and estimate of cost for the construction of the Highway 6 East Water Main Replacement Project, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said project manual on file for public inspection. Whereas, funds for this project are available in the Hwy 6 (Fairmeadows to Industrial Park Rd) Water Main Replacement Project, account #W3320. Now, therefore, be it resolved by the Council of the City of Iowa City, Iowa, that: A public hearing on the project manual and estimate of cost for the construction of the above- mentioned project is to be held on the 20th day of February, 2024, at 6:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. A copy of the project manual and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this brt, day of Fehruary , 2024 A Approved Attest: 1�xl )' CC P� City tle, City At orney's Office (Liz Craig - 02/01/2024) It was moved by Dunn and seconded by salih the Resolution be adopted, and upon roll call there were: Ayes: X X X X X Nays: Absent: Alter Bergus Dunn Harmsen Moe Salih Teague Item Number: 7.f. Executive Summary: The property at 3351 Wintergreen Drive was declared a public nuisance, and the City acquired it for $188,000 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 $206,000. This sale will reimburse the City for most, but not all, of 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. While the property did not have an extensive history of nuisances, the owner of the house died in August of 2022, and it had been vacant since her death. No estate for the owner of the house had been opened to transfer title of the house, and the heirs of the owner informed City staff they did not intend to open an estate and did not desire to take action to have the house conveyed to them or sold to a third party. Additionally, the deceased owned only the house and not the land. The owner of the house and the owner of the land, The Housing Fellowship, had entered into a 99 -year land lease in 1998. The Housing Fellowship had a homeownership program in which it sold only the house and leased the land pursuant to a 99 -year lease in order to make the home more affordable to buyers. The Housing Fellowship no longer has this program and had no desire to own the home. With consent, a City inspector entered the house and found it to be infested with mice and completely full of debris. CITY OF IOWA CITY COUNCIL ACTION REPORT February 6, 2024 Resolution setting public hearing for February 20, 2024, on a proposal to convey the property at 3351 Wintergreen Drive. Prepared By: Tracy Hightshoe, Neighborhood & Development Services Director Reviewed By: Geoff Fruin, City Manager Fiscal Impact: The project is budgeted under Condemned Properties and the City will recover approximately $195,700 from the sale of the home. Staff Recommendation: Approval Commission Recommendations: N/A Attachments: 3351 Wintergreen Drive purchase agreement Resolution Executive Summary: The property at 3351 Wintergreen Drive was declared a public nuisance, and the City acquired it for $188,000 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 $206,000. This sale will reimburse the City for most, but not all, of 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. While the property did not have an extensive history of nuisances, the owner of the house died in August of 2022, and it had been vacant since her death. No estate for the owner of the house had been opened to transfer title of the house, and the heirs of the owner informed City staff they did not intend to open an estate and did not desire to take action to have the house conveyed to them or sold to a third party. Additionally, the deceased owned only the house and not the land. The owner of the house and the owner of the land, The Housing Fellowship, had entered into a 99 -year land lease in 1998. The Housing Fellowship had a homeownership program in which it sold only the house and leased the land pursuant to a 99 -year lease in order to make the home more affordable to buyers. The Housing Fellowship no longer has this program and had no desire to own the home. With consent, a City inspector entered the house and found it to be infested with mice and completely full of debris. Council declared the property a nuisance and authorized staff to acquire it. Because staff was unable to acquire it voluntarily, the City proceeded to condemnation. The condemnation jury valued the land separately from the house due to the 99 -year lease for a total value of $188,000, which is what the City paid to acquire it. The City delivered 3 checks to the Sheriff, one to The Housing Fellowship for the value of the land, one to a lender to pay off the mortgage on the house, and the remainder payable to the heirs. The City currently has expenses of over $227,000 attributed to this property for property acquisition, condemnation costs, appraisal costs, insurance, property tax, utility and maintenance, and repair costs. The cost to exterminate the mice infestation, haul out debris and sterilize the home was over $32,000. The City listed the property with a realtor and the purchase agreement has a sale price of $206,000. The addendum to the purchase agreement requires that the buyer renovate the property. Within 60 days of closing, the buyer must apply for a building permit and within 18 months of closing the improvements must be complete and a certificate of occupancy issued. Staff recommends the sale of the property as identified in the purchase agreement. dodooP sigaamre w. d'azion: URBAN . Residential Real Estate Purchase Agreement This form approved by the Iowa City Area Association of REALTOR Date of Agreement:01/15/2024 M TO -The City of Iowa City �SF,LLER) (SELLER) I. REAL ESTATE DESCRIPTION: The undersigned BUYERS hereby offer to buy real estate in)ohnson CDome Iowa locally known a� 3951 wintergreen Drive . City4mva city Iowa, "Lip Code52240 and described as follows: (abbreviated Legal Description or Tax Parcel 1!)1024104003 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)— (consider liens, other easements, interests of others) dasigna ted the Real Estate; provided BUYERS, on posscssiun, are permitted to make the following use of the Real Estate Primary Residence 2. PURCHASE PRICE: The purchase price shall be $zos.ouo hyo hundred six0mueanddollars _ _) and the method of payment shall be as follows: S2,000 with this offer to be deposited upon acceptance of this offer, FE-11to be deposited by ®AM ❑ Moan on in the trust account of LPR Real Estate to be delivered to the SELLERS upon performance of SELLERS' obligations 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' broker/attorney by this deadline, SELLERS reserve the right to cancel this contract. Select (A), (B), and/or (C), (D), (E) A. ® NEW MORTGAGE: ❑Conventional ® FHA [OVA I0 Other 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 ^, amortized over a tern of not less than years, with a balloon due date of not less thanyears. BUYERS agree to pay no more than :b 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 nim gage 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 containing the above tel o' terms acceptable to BUYERS, on or before at IMM o'NI RO Noon, either SELLERS or BUYERS Doiv declare this Purchase Agreement null and void and all payments made hereunder shall be returned. BUYERS shall pav the balance of the purchase price at the time of closing by combination of BUYERS' personal funds and the net mortgage proceeds. B. ®CASH: BLIYERSwill 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 _ aA Vl © PM ®Noon 01101/16/2024 (see Attachment) C. 9 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 TERMS: n/a E. U if a Mortgage Assumption, Installment Contract Assumption, or Installment Contract sale, see attached addendum. 3. POSSESSION: If BUYERS timely perform aBobligations, possession for the Real Estateshall be delivered to BUYERS on As soon as buyers are able , with any adjustments of rent, taxes, insurance, interest, and other applicable matters to be made as of the date of transfer of possession. Closing of the transaction shall occur atter approval of title and vacation of the premises by SELLERS, in the condition ready for BUYERS' possession. Possession shall not be delivered to the BUYERS until completion of the dosing, 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. A. LIQ There Shall be no proration of subsequent taxes. B. ® BUYERS shall be given a credit for subsequent taxes prorated to the date of closing. Subsequent taxes shall be calculated using the latest known applicable assessed value(s), roll back(s), exception(s) and leery of record at the time of closing. Buvers' lrutialsL_ I I Sellers' this page. Page 1 of 5 Revised October 17, 2019 do[loop signature verifca[ion: 5. SPECIAL ASSESSMENTS: select(A)or(B) A.SELLERS shall pay all special assessments which area lien on the Real Estate as of the date of closing. B. F-11 SELLERS shall pay all installments of special assessments which area 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. 6. FIXTURES: All property that integrally belongs to or is part of the Real Estate, whether attached or detached, such as light fixtures, shades, rods, blinds, automatic garage door openers and transmitter units, all drapery rods and curtain rods, awnings, windows, storm doors, screens, plumbing fixtures, water heaters, water softeners (unless water softener is rental), automatic heating equipment, air conditioning equipment, wall-to-wall carpeting, mirrors attached to walls or doors, fireplace screen and grate, attached barbeque grills, weather vane, all built-in kitchen appliances, built-in items and electrical cable, Outside television towers and antemra, fencing associated swimming pool equipment, central vacuum system equipment, underground pet containment fencing with transmitters and collars, gates and landscaping shall be considered a part of Real Estate and also including the following:nla Each of the above included items is a fixture that integrally belongs to or is a part of the Real Estate. In the event any of the above items are characterized as personal property, such personal property items are not considered a part of the Real Estate and shall be transferred with no monetary value, free and clear of all liens and encumbrances. The following items shall be excluded: nla 7. DEED: Uponpaymentof thepurclase price, SELLERS shall convey the Real Estateto BUYERSor theirassignees bywarranty Peed Deed, free and clear of all liens, restrictions and encumbrances except as provided in I(a) through 1(d). Any general warranties of title shall extend only to the time of acceptance of this offer, w•ithspecial warranties as to acts of SELLERS continuing up to time of delivery of the deed. 8. TIME IS OF THE ESSENCE: Time is of the essence in this contract. 9. CONDITION OF PROPERTY: A. The property as of the date of this Purchase Agreement including buildings, grounds and all improvements will be preserved by the SELLERS in its present condition until possession, ordinary wear and tear excepted. The SELLERS shall have the heating, electrical, Plumbing, air conditioning s'ys'tems, well (if applicable) and all included appliances, whether subject to inspection set forth hereinafter or not, in working conditionas of the date of delivery of possession, except for ilia In determining whether or not the systems are in working condition and for the purpose of inspecting the property as outlined in Paragraph 9B(1) of this Purchase Agreement, working condition shall be defined as operating in. a manner in which the item was designed to operate. SELLERS shall leave all utilities (gas, electric, water) on nos Jo Not Applicable for all inspections and for the final walk-tlrmugb by the BUYERS prior to closing. B. The BUYERS mustchoose one of the following alternatives relative to the condition and quality of the property: 1) ❑lf;. _UAM �M❑❑Noon on ,the BUYE16 may, at their sole expense, have the property inspected by a person or persons of their 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 well water (if applicable), electrical system, roof, walls, ceiling, floors, foundation and basement. SELLERS and BUYERS acknowledge that the property may have imperfect cosmetic conditions that do not affect the working condition of the item and are not considered major deficiencies, including butnot limited to: broken seals in windows; minor tears, worn spots, and/or discoloration of floor coverings, wallpaper or window treatments; nail holes, scratches, dents, scrapes or chips in ceilings, walls, floors; and/or surface cracks in driveways or patios. Failure to meet present construction standards and code requirements is not considered a deficiency in the property unless it is new construction, or unless 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 ropy of a written inspection report from a qualified inspector identifying the MAJOR deficiencies. SELLERS shall, within FIVE (5) calendar days after receipt of BUYERS' notification, notify the BUYERS in writing that (I) 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 receipt of said counter proposal from SELLERS, the BUYERS shall have FIVE (5) calendar days in which to accept the SELLERS' counter proposal by signing it, or to notify the SELLERS in writing that such steps are not acceptable, in which case, either SELLERS or BUYERS may declare this offer null and void, and any earnest money shall be returned 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 EFFECT. IF SELLERS FAIL 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) QBUYERS acknowlec{ e that they have been advised of tine right of property inspection and have declined to make said inspection(s).L Buyeds initials �' Sellers Ini s ' Page 2 of 5 Buyers'' Initials _ _ „,.,- Sellers a ow ec ge e, love read this page. Revised October 17, 2019 dorloop sgnaere verification: C. The BUYERS must choose one of the following alternatives relative tothe presence of radon in the home: 1 B, IAM 'M )© ®Noon on , the BUYERS mav, at their sole expense, have the property tested for tii presence of radon gas. Such test shall be conducted by an Iowa Certified Radon Specialist. SELLERS agree to sign documents required for the test to be completed and agree to cooperate with the specialist in carrying out the test Be the same date, BUYERS must notify SELLERS in writing of any average radon reading in excess of PCl/L. The notification shall be accompanied by a copy of the written radon report. The cost of mitigation, if necessary, shalt be negotiated within the time frames and remedies in Paragraph 9B(1). 2) FaBUYERS acknowledge that they have been advised of their right to conduct a radon test and have declined to order said test. Buyers initials D- Septics, 86on, tobem pected and repared®Yes ©No WNot Applicable. Iowa Code 455B.172 mandates the inspection of septic systems, unless exempt, prior to the transfer of property. If applicable, see the attached Septic System Inspection and Repair Addendum. E. The BUYERS shall be permitted access to the property prior to possession or closing, 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 warronties or guarantees by SELLERS or BROKER concerning the condition of the property. This, however, shall not relieve the SELLERS of any, liability for any condition(s) that is/are defined as latent defect(s) or aw express warranties contained in the Purchase Agreement or other written agreement between the parties; nor shall this paragraph relieve the SELLERS of any liability for any implied warranty applicable ander Iowa law. F. The inspection of any part of the property not covered in 913(1) or the remedy orally condition not addressed in 96(1), including but not limited to cosmetic conditions that the BUYERS require, shall be addressed in Paragraph 27 of this Purchase Agreement. G. SELLERS acknowledge that the property is ® tis not serviced b o V P Y © �� y propane fuel (LP). If the property is serviced by propane fuel (LP), the propane tank(s)[0 is/are ®is/arc not owned by the SELLERS and there a is Mis not an existing written contract between the SELLERS and the propane vender. BUYERS agree to reimburse the SELLERS for all propane fuel (LP) remaining in the tank(s) on tine property at the time of closing. 10. WOOD DESTROYING INSECT INSPECTION: select (A) or (B) A. U By PAM [3 PM Noon on , BUYERS mav, at BUYERS' expense, have the property inspected for termites or other wood destroying insects by a licensed Pest Inspector. If infestation or damage due to pi iur 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 provision shall not apply to fences, trees, shrubs, or outbuildings other than garages. BUYERS may accept the property in its existing condition without such treatment or repairs. IF BUYERS ARE OBTAINING VA FINANCING, THE COST OF THE TERMITE INSPECTION SHALL BE BORNE BY THE SELLERS. B. ® 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 time said inspection would be at BUYERS' expense and BUYERS will have the same rights as under paragraph 10A if active infestation or damage due to prior infestation is discovered. Cr' buyers' initials 11. INSURAN s a bear the risk of loss or damage to the property prior to closing or possession, whichever first occurs. SELLERS agree to maintain existing insurance and BUYERS may purchase additional insurance. In the event of substantial damage or destruction prim to dosing, this Purchase Agreement shall be null and void, unless otherwise agreed by the parties. The property shall be deemed substantially damaged or destroyed if it cannot be restored to its present condition on or before the closing date; provided however, BUYERS shall have the option to complete the closing and receive insurance proceeds regardless of the extent of damages. 12. USE OF PURCHASE PRICE: At time of settlement, funds of the purchase price may be used to pay taxes and other liens anti to acquire outstanding interests, if any, of others. 13. ABSTRACT AND TITLE: SELLERS, at their expense, shall promptly obtain an abstract of title to the Real Estate continued through the date of acceptance of this offer and deliver it to BUYERS for examination. It shall show merchantable title in SELLERS' names in conformity with this Purchase Agreement, Iowa law and Title Standards of the Iowa State Bar Association. The abstract shall become the property of the BUYERS when the purchase price is paid in full. SELLERS shall pay the costs of any additional abstracting and title work due to any act or omission of SELLERS, including transfers by or the death of SELLERS or their assignees. If, at the time of dosing, there remain unresolved title objections, the parties agree to escrow from the sale proceeds a sufficient amount to protect the BUYERS' interests until said objections are corrected, allowing a reasonable time for the corrections of said objections; provided, however, that if the commercial mortgage lender 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: If 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, then 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 right 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 under this contract to the surviving SELLER and to accept a deed from the surviving SELLER consistent with Paragraph 7. Buyers Initials Sellers cols LEI I Page of �-�- - Sellers Clanowled a ave read this page. Revised October 17, 2019 doeoop s grature verification: 15. JOINDER BY SELLER'S SPOUSE: SELLER'S spouse, if nota title holder immediately preceding acceptance of this offer, executes this contract only for the purpose of relinquishing of all rights of dower, homestead and distributive share or in compliance with Section 561.13 of the Iowa Code and agrees to execute the deed or real estate contract for this purpose. 16. REMEDIES OF THE PARTIES: A If BUYERS fail to timely perform this contract, SELLERS may forfeit it as provided in the lava Code, and all payments made shall be forfeited or, at SELLER'S option, upon Thirty (30) calendar days written notice of intention to accelerate the pavment of the entire balance because of such failure (during which thirty calendar days such failure is not corrected) SELLERS may declare the entire balance due and payable. Thereafter this contract may be foreclosed in equity and the Court may appoint a receiver. B. If SELLERS fail to timeiv perform this contract, BUYERS have the right to have all payments made returned to them. C. BLYERS and SELLERS also are entitled to utilize any and all other remedies mactions at law arm equity available to them and shall be entitled to obtain judgment for costs and attorney fees as permitted 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 connact, 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 Lathe BROKER. In the event the SELLERS fail to perform SELLERS' obligations under this contract when required to do so, SELLERS shall pal' 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 assume or take subject to a lien on the Real Estate, SELLERS shall furnish BUYERS with a written statement prior to closing from the holder of such lien(s), shoving the correct hhlance due. 16. APPROVAL OF COURT: If the sale of the Real Estate is subject to Court approval, the fiduciary shall promptly submit this contract for such approval. If this contract is not approved by the day of 20 either party may declare this contract null and void and all payments made hereunder shall be returned to BUYERS. ® Not Applicable 19. CONTRACT BINDING ON SUCCESSORS IN INTEREST: This contract shall apply to and bind the successors in interest of the parties. 20. CONSTRUCTION: Words and phrases shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to context. 21. SURVEY AND SQUARE FOOTAGE REPRESENTATION: The BUYERS may, withinnfa calendar days of acceptance of this offer, have the property surveyed 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 property contains. The BUYERS have the right to obtain their own measurement of square footage. 22. AGENCY DISCLOSURE: The Listing and Selling Agents/ Brokers are agents of the parties hereto as outlined below, and their fiduciary duties of loyalty and faithfulness are meed to the party they represent. However, they must treat the other party with honesty and fairness. The SELLERS in this transaction are represented by: Julie Dancer Lepic-Kroeger, REALTORS (LKR) (Agent/Brokerage Names) ttt[ Email:juliedancero6@gmail.com Fax: Cell: The BUYERS in this transaction am represented by: f _ Ashle"ermel Urban Acres Real Estate (Agent/ Brokerage Names) EmailAshleybermel@urbanacres.com Fax: Cell: — — — — If Agent (including Appointed Agency) and/or Brokerage (including Consensual Dual Agency) Names are shown as representing both parties, a detailed explanation of representation shall be attached. Further, the BUYERS and SELLERS acknowledge that prior to signing this Purchase Agreement that their respective Listing or Selling Agent made a written disclosure of type of representation being provided. 23. DISCLOSURES/ ADDENDUM: A. Residential Property Seller Disclosure Statement: The BUYEP.Secknowledge receipt of the Residential Property Seller Disclosure Statement prior to executing this Purchase Agreement. A copy of the Residential Property Seller Disclosure Statement is attached to this Purchase Agreement. B. Residential Property Seller Disclosure Statement is not applicable. C. Homeowners Association/ Condominium Association/ Common Interest Community Addendum (HOA) D. Lead -Based Paint Disclosure Statement E. Sale of House Addendum F. Other Addendum: G. Other Addendum: , Buyers' [mhal Sellers' Initials ,� Page 4 of 5 ..,, Sellers acknow ee ge t hey cove read this page. 11 Revised October 17, 2019 di Hoop signature verification: 24, NOTICE: Anv notice required under this Purchase Agreement shall be in writing and shall be effective if to BUYERS when physical delivery is received by BUYERS or by BUYERS' Agent, and if effective to SELLERS when physical delivery is received by SELLERS or SELLERS' Agent. Physical delivei_v may be either by personal delivery or upon the date of the posting oFsaid notice by Certified Mail. Asan alternative to physical delivery, any signed document or written notice may be delivered to the respective principal's agent, as set firth in Paragraph 22 herein, in electronic form by facsimile or e-mail. The facsimile or e-mail delivery confirmation shall constitute notice of delivery. Documents with original signatures shall be provided, by the agent, to their principal. For the SELLERSThe City of Iowa City For the BUYERS;Cory Clasen for Clasen Properties Address; Address:2891 Summer Drive Asbury, IA S2002 25. REPRESENTATIONS: It is understood that no representations made by the Agent in the negotiation of this sale arc 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 siyn,ed is identical to every other signed copy. 27. OTHER PROVISIONS: 1. Buyers are submitting an email from banker as proof of funds due to the holiday. Buyers will submit a letter on batik letterhead as soon as the bank is open on 1/16/23. 2. Buyers can close as soon as the sellers are able to close. 3. Buyers acknowledge and agree to the terms stipulated on the attached addendum. 28. TIME FOR ACCEPTANCE: If this offer is not accepted by SELLE16 by0l/16/2024 M3 ❑ AM ® PM ®Noon, it shall become void anti all 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 teens of this Purchase Agreement. (.e'z�G2v°ieivalsvG'PaewezYem�' ' .'� �. Buyer time / date i; 7JF,n time ate Offer is REJECTED as presented . e er true tate Stoner time ate Buyers'' Initials- Sellers Sellers OR NAW ni ti C MclrvIf �eiier time ate See attached COLTNTER OFFER Setter time a e Seiler bme date this page. Page 5 of 5 Revised October 17, 2019 VU dotloop signature verification � .. spreadsheet Page 1/15/24, 3:46 PM SINGLE FAMILY/ACREAGE AGENT REPORT '"a = MLS #: 202400328 Status: New List Price: $195,000 - _ Ownership Type: Single Family Original Price: $195,000 -4 Listing Dale; 1/12/2024 Expiration Date; 7/31/2024 DOM: 3 -p '-_----- Address: 3351 Wintergreen Dr Unit R: City. Iowa City State: IA Zip: 52240 ' County: Johnson Subdivision; tallage Green Owner Name: The City of Iowa City Llst Agentl: Julie Dancer - cell: 319-310-SS22aso cm ¢r julledaneer06&Bmall.com donoopveiaerl List Brokorl: Lela c-Broeger, REALTORS - Off: 319-351-8811 -- List Agent2: Assoc Docs: 5 List BrokeO: Builder: Unknown Condo Level: NA Elementary School: Lucas Zoning: Residential k Fireplaces: 0 Jr./Middle School: southeast Lot Dimensions: 73 x 140 x 91 x 140 Elevators: No High School: City Acreage: 0,00 Comm, to S8 ($/Yo): 2.5% Virtual Tour: ScIR Above: 1,157 Total SgFt: 1157 Variable Rate: No Size Virtual Tour 2; Finished SgFt Lower; 0 Prim BR Level: Main X ax I 1024104003 Living Room Level: Main % ® BR Feath HBaHr Tax Year Report: 2022 Dining Room Level: Main Upper 0 0 0 Gross Tax: $3,435.29 Kitchen Level: Main g Rel -n-1 F-31 0 0 �� nnual Assoc. Fee: 0 Family Room Level: X Lower I - F-01 Year Built: 1997 New Construction: No Garage Size: XRot-1-1� �r--T--]J FT7 Pending Date: Closing Date: Sold Price: Closing Costs: Sales Term: . Buyers Name: Selling Agent: Selling Office: men es: Sidewalks, Street Lights, C ose to Shopping, Close to School, On Bus Line Appliances: None _ Interior: Cable Available Rooms: Primary On Main Level, Primary Bath Heating/Coot.. Electric, Gas, Central, Forced Air _ Ext Features Deck Fees Include: None Stories/Style: I Story, Ranch Basement: Full, Unfinished Construction Materials:Vinyl Construction: Frame Kitchen Breakfast: None Laundry; Fireplace Type/Locatlo... None Flooring: Parking Type: Attached Garage Pardng Spaces: 2 Cars Air Puri0cation/Quality: Smarthome Tec.. Water/Sewer: City Sewer, City Water Energy Gen: Showing Instructions: Lockbox, ShowingTime Lot Description: Less than .5 Acre, Level Possession: Immediate Poss Finance: Cash, Conventional Dmactions:Scott Blvd to Wintergreen to home. Remarks: Calling all DIY dreamers and bargain hunters! This Wintergreen charmer Is like a blank canvas waiting for our creative brushstrokes (and hammer, of course!). Here's wh� you'll fail in love: Three bedrooms and two baths on the main level - plonty of room for your growing family or a housewarming party. The 1 v ng space spills out onto an enormous deck, perfect for grilling. Unleash your inner architect: the unfinished basement is a blank canvas for a fourth bedroom, a home theater, or a large rec room. Two -car garage? Check! Park your cars store your tools, or create a workshop. More than just a starter house, this gem can large transformed into your new home with some TLC. 4es, there's a bit of work t0 be done. The City has some requirements (see addendum), but it is a jenerous timeline for renovations so that you can pian your DIY strategy precisely. Don t let this opportunity slip awayl This fixer -upper wont last long. Grab your toolbelk call for a private showing today, and get ready to unleash your inner home renovation hero. Let's get hammering) "^a• Agents - bring a flashlight. Property is sold as is. Please review the attached City of Iowa Ci addendum in the associated documents for important information regarding the sale of this property, as the purchase agreement must follow the specific terms detailed in the addendum. Property was condemned and has been vacant without utilities for aYear. The City pumhased the property on 9/6/2023. The home was infested with mice and hoarding was very evident. The house has not had power,ggas, or water in more than a year. When the utilities were shut if off, there were lights, water, etc., but no Guarantee now as to their condition It Is zoned BINDS. The City paid for mice mus nnoimanun :a .1r. rename, our wt guaranreeo. https:/Iicoarmis.paiagonrels,com/ParagonLS/Reports/Report.mvc?listing)Dsc...i0=c395&ciassle=O&use PDF=false&ShowAds=true&searchlD=tab1_1&listing Mode=O Page 1 of i datImp signature venFlcation: ADDENDUM TO LISTING AGREEMENT FOR 3351 WINTERGREEN DRIVE The purchase agreement must contain the following terms: 1. The residential structure currently existing on the property must be rehabilitated. 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 specified 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. 6. Within 60 days of closing, an application for a building permit must be submitted. 7. Within 18 months of closing, the rehab must be complete and a certificate of occupancy issued. EEI 351 PM CST nonoopvennea Prepared by: Susan Dulek, First Asst City Atty, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5030 Resolution No. 24-35 Resolution setting public hearing for February 20, 2024, on a proposal to convey the property at 3351 Wintergreen Drive. Whereas, in Resolution No. 23-114 City Council authorized the acquisition of 3351 Wintergreen Drive, 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 2, 2023, a condemnation hearing was held, and the condemnation jury valued the property at $188,000; and Whereas, the City delivered checks to the Johnson County Sheriff totaling $188,000 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 for $206,000; and Whereas, in addition to the condemnation award, the City has incurred costs in excess of $30,000 including costs of the condemnation process, payment of back taxes, and cleaning out the interior; and Whereas, this conveyance is in the public interest. 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 property located at 3351 Wintergreen Drive, Iowa City, Iowa, also known as Lot 13, Village Green South Part 3A, Iowa City, Iowa, for the sum of $206,000. 2. A public hearing on said proposal should be and is hereby set for February 20, 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 6th day of Febr�tda , 2024. �--- I May Resolution No. 24-39 Page 2 Attest: ' 1' Y,- City Clerk Approved by City Att ney's Office (Sue Dulek - 01 /30/2024) It was moved by Dunn and seconded by adopted, and upon roll call there were: AYES: NAYS: Salih ABSENT: Alter Bergus Dunn Harmsen Moe Salih Teague the Resolution be Item Number: 10.a. CITY OF IOWA CITY COUNCIL ACTION REPORT February 6, 2024 Resolution approving Substantial Amendment #4 to Iowa City's FY21 Annual Action Plan. Prepared By: Sam Turnbull, Grants Specialist Reviewed By: Erika Kubly, Neighborhood Services Coordinator Tracy Hightshoe, Neighborhood and Development Services Director Fiscal Impact: Iowa City has been awarded $1,789,981 in HOME -ARP dollars through the American Rescue Plan Act of 2021 Staff Recommendation: Approval Commission Recommendations: HCDC was scheduled to review this item but did not meet in January due to weather and lack of quorum. Staff provided the attached memo to commissioners and feedback was solicited via email. At the time of this submittal the City has not received any comments or feedback from HCDC. Attachments: HCDC Staff Memo Resolution Exhibit A- Revised Home -ARP Allocation Plan Executive Summary: The American Rescue Plan Act of 2021 allocated HOME -ARP funds to the City of Iowa City to address the needs of households experiencing homelessness and other vulnerable populations. To receive these funds, the City is required to submit a HOME -ARP Allocation Plan as a substantial amendment to the FY21 Annual Action Plan to the U.S. Department of Housing and Urban Development (HUD). The initial HOME -ARP Allocation Plan was approved by City Council on August 16. 2022. Since then, staff have been working with multiple HUD representatives to fulfill program requirements which are new and being developed as the program unfolds. A second draft was approved by City Council at the August 15, 2023 regular meeting. After review by HUD, additional modifications were still needed to meet eligibility criteria. The third draft of the HOME -ARP Allocation Plan is attached as Exhibit A to the Resolution. A public meeting and resolution considering the approval of Substantial Amendment #4 to the FY21 Annual Action Plan, will be held at the City Council meeting on February 6, 2024. Background /Analysis: City staff propose Substantial Amendment #4 to the FY21 Annual Action Plan to include the revised HOME -ARP Allocation Plan. The American Rescue Plan Act of 2021 appropriated $5 billion to communities across the U.S. to provide housing, services, and shelter to individuals experiencing homelessness and other vulnerable populations. These funds were allocated by formula to jurisdictions that qualified for funding through the HOME Investment Partnership Program (HOME Program). The City of Iowa City was allocated $1,789,981 in HOME -ARP funds to carry out these activities. FY21 Annual Action Plan Substantial Amendment #2, containing the draft HOME - ARP Allocation Plan and associated funding allocations, was made available for public comment from July 21, 2022 to the August 16, 2022 regular meeting, where the amendment was subsequently approved. Substantial Amendment #3, containing the revised draft HOME -ARP Allocation Plan was made available for public comment from July 29, 2023 to the August 15, 2023 regular meeting, where the amendment was approved. After review by HUD, City staff received information that two of the proposed projects were ineligible. As a result the budget and proposed projects were revised as well as the preferences for the proposed projects. The HOME -ARP funded Supportive Services projects with Shelter House and United Action for Youth (UAY) were deemed ineligible because services were not specific to HOME -ARP funded sites. In addition, HUD expressed regulatory concerns about having preferences for serving youth ages 16-22 under the HOME -ARP program. Based on this feedback, staff removed the ineligible UAY project from the Allocation Plan and intend to fund UAY's award of $45,000 with local funds instead. The City has been funding UAY's supportive services for their Transitional Living Program (TLP) through the local Affordable Housing Fund while waiting on clarification from HUD about the HOME -ARP Allocation Plan. Staff plan to continue this local funding to fulfill the amount awarded under HOME -ARP. Staff met with Shelter House to discuss how the proposed Supportive Services Project could be revised to meet HUD requirements for HOME -ARP funds. The revised plan notes that Shelter House supportive services will have a preference for Qualified Population 2: "At risk of Homelessness", but services will not be limited to those residing in Shelter House's properties. As the Amendment was being drafted, the State of Iowa released details on available statewide HOME -ARP funds, which do not require a local match as initially anticipated. As there is no longer a need to have funds set aside for that purpose, this Amendment removes the Rental Housing Development line item from the budget. The above revisions left a total of $346,739 in unallocated HOME -ARP funds. Staff propose to reallocate those funds to increase the award of existing eligible projects based on their funding requests and scoring. The amended budget proposals can be found in the following table. Staff Proposed Budget Revision Agency and Project Prior Budget Amended Budget er House $517,742 $671,981 )rtive Services Legal Aid $157,500 $200,000 Services to Increase ng Stability iestic Violence rvention Program $500,000 $650,000 Construction nited Action for Youth $45,000 P Expansion Housing nistration $301,739 $0 $268,000 $268,000 $1,789,981 $1,789,981 The revised draft HOME -ARP Allocation Plan was made available for public comment on January 11, 2024. HCDC received the draft but did not meet due to weather and lack of quorum. HCDC feedback was solicited via email. At the time of this submittal the City has not received any comments or feedback from HCDC or members of the public. I f 1 ;1 ArIIIMkp ��� CITY OF IOWA CITY UNESCO CITY OF LITERATURE CITY OF IOWA CITY MEMORANDUM Date: January 24, 2024 To: Housing and Community Development Commission From: Sam Turnbull, Grants Specialist Re: HOM E -ARP Allocation Plan Substantial Amendment #2 Background The American Rescue Plan Act of 2021 allocated HOME -ARP funds in the amount of $1,789,981 to the City of Iowa City to address the needs of households experiencing homelessness and other vulnerable populations. To receive these funds, the City must develop a HOME -ARP Allocation Plan as a substantial amendment to the FY21 Annual Action Plan and submit that plan for approval by the Department of Housing and Urban Development (HUD). HOME -ARP Allocation Plan Revisions City staff have been working with HUD representatives to meet the HOME -ARP Allocation Plan requirements so that projects identified for funding can move forward. During this process, it was determined that two projects were not eligible as initially proposed. The HOME -ARP funded Supportive Services projects with Shelter House and United Action for Youth (UAY) were deemed ineligible because services were not specific to HOME -ARP funded sites. In addition, HUD expressed regulatory concerns about having preferences for serving youth ages 16-22 under the HOME -ARP program. Based on this feedback, staff removed the ineligible UAY project from the Allocation Plan and intend to fund UAY's award of $45,000 with local funds instead. The City has been funding UAY's supportive services for their Transitional Living Program (TLP) through the local Affordable Housing Fund while waiting on clarification from HUD about the HOME -ARP Allocation Plan. Staff plan to continue this local funding to fulfill the amount awarded under HOME -ARP - Staff met with Shelter House to discuss how the proposed Supportive Services Project could be revised to meet HUD requirements for HOME -ARP funds. The Amendment notes that Shelter House supportive services will have a preference for Qualified Population 2: "At risk of Homelessness", but services will not be limited to those residing in Shelter House's properties. As the Amendment was being drafted, the State of Iowa released details on available statewide HOME -ARP funds, which do not require a local match as initially anticipated. As there is no longer a need to have funds set aside for that purpose, this Amendment removes the Rental Housing Development line item from the budget. The above revisions left a total of $346,739 in unallocated HOME -ARP funds. Staff propose to reallocate those funds to increase the award of existing eligible projects based on their funding requests and scoring. The amended budget proposals can be found in the following table. January 24, 2024 Page 2 Staff Proposed Budqet Revision Agency and Project Prior Budget Amended Budget Shelter House Supportive Services $517,742 $671,981 Iowa Legal Aid Legal Services to Increase Housing Stability $157,500 $200,000 Domestic Violence Intervention Program (DVIP) Shelter Construction $500,000 $650,000 United Action for Youth TLP Expansion $45,000 $0 Rental Housing Development $301,739 $0 Administration $268,000 $268,000 Total $1,789,981 $1,789,981 Next Steps The revised HOME -ARP Allocation Plan will be made available for public comment from January 11, 2024 through February 6, 2024. City Council will consider approval of the revisions at their February 6'h meeting and if approved, the revisions would be submitted to HUD for approval. I 0, 0� Prepared by: Sam Turnbull, Grants Specialist, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5237 Resolution No. 24-36 Resolution approving Substantial Amendment #4 to Iowa City's FY21 Annual Action Plan Whereas, HUD required the City of Iowa City, Iowa to prepare and submit an Annual Action Plan as part of the City's 2021-2025 Consolidated Plan (CITY STEPS) to plan the use of federal funds to assist lower income residents with housing, jobs, public facilities, and public services; and Whereas, the City of Iowa City has been allocated an additional $1,789,981 in HOME -ARP funds through the federal American Rescue Plan Act; and Whereas, Substantial Amendment #1 of the FY21 Annual Action Plan, awarded additional CDBG and HOME funds in a mid -year funding round and was approved by Council at the December 14, 2021 regular meeting; and Whereas, Substantial Amendment #2 of the FY21 Annual Action Plan, containing the initial draft of the HOME -ARP Allocation Plan was approved by Council at the August 16, 2022 regular meeting; and Whereas, Substantial Amendment #3 of the FY21 Annual Action Plan, containing the second draft of the HOME -ARP Allocation plan was approved by Council at the August 15, 2023 regular meeting (note -previous resolutions incorrectly recited the HOME -ARP Allocation Plan Substantial Amendment numbers); and Whereas, the U.S. Department of Housing and Urban Development has recommended additional modifications to the draft HOME -ARP Allocation Plan; and Whereas, the City has disseminated information, solicited public input, and held a public meeting on the substantial amendment to the FY21 Annual Action Plan; and Whereas, the amended FY21 Annual Action Plan contains the revised HOME -ARP Allocation Plan attached hereto as Exhibit A; and Whereas, the Iowa City Housing and Community Development Commission has not provided a recommendation as its last meeting was cancelled due lack of a quorum as the result of poor weather conditions; and Whereas, the City Council finds that the public interest will be served by the approval of a substantial amendment to Iowa City's FY21 Annual Action Plan and submission to the U.S. Department of Housing and Urban Development. Now, Therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. Substantial Amendment #4 of the City of Iowa City FY21 Annual Action Plan is hereby approved and adopted. Resolution No. 24-36 Page 2 2. The City Council authorizes the City Manager to submit to HUD all necessary certifications or documents related to the submission of the substantial amendment to Iowa City's FY21 Annual Action Plan. 3. The City Manager is hereby authorized to execute, terminate, or amend HOME -ARP Agreements executed in connection with the allocation of public funds with sub - recipients, Community Housing Development Organizations (CHDOs), or other legal entities. Passed and approved this 6th day of February 2023. Attest: ;C,r' City Clerk r Z/� City Attorney' Office (Sue Dulek — 01/30/2024) It was moved by Alter and seconded by adopted, and upon roll call there were: Harmsen the Resolution be AYES: NAYS: ABSENT: X Alter X Bergus X Dunn X Harmsen X Moe X Salih X Teague � r Ale CITY OF IOWA CITY EQUAL HOUSING UNESCO CITY OF LITERATURE OPPORTUNITY This plan is subject to change pending HUD approval. Table of Contents Introduction................................................................................................................................................................2 Consultation...............................................................................................................................................................2 CONSULTATIONSHELD.................................................................................................................................................2 SUMMARYOF FEEDBACK..............................................................................................................................................5 PublicParticipation.....................................................................................................................................................5 PUBLICPARTICIPATION PROCESS....................................................................................................................................5 Needs Assessment and Gaps Analysis........................................................................................................................6 SIZE AND DEMOGRAPHIC COMPOSITION OF QUALIFYING POPULATIONS.................................................................................7 QP1: Homeless.......................................................................................................................................................7 CURRENT RESOURCES AVAILABLE TO ASSIST QUALIFYING POPULATIONS & UNMET NEEDS.......................................................8 HOME -ARP Activities..................................................................................................................................................9 THE METHOD FOR SOLICITING APPLICATIONS....................................................................................................................9 USEof HOME -ARP FUNDING.................................................................................................................................. 10 USEJUSTIFICATION................................................................................................................................................... 10 HOME -ARP Production Housing Goals.................................................................................................................... 10 Preferences.............................................................................................................................................................. 10 USEOF PREFERENCES............................................................................................................................................... 11 REFERRALMETHODS................................................................................................................................................ 11 LIMITATIONS IN A HOME -ARP RENTAL HOUSING OR NCS PROJECT................................................................................. 12 UNMET NEEDS OF OTHER QUALIFYING POPULATIONS..................................................................................................... 12 HOME -ARP Refinancing Guidelines......................................................................................................................... 12 The City of Iowa City does not intend to use HOME -ARP funds to refinance existing debt secured by multi -family rentalhousing.......................................................................................................................................................... 12 APPENDIXA............................................................................................................................................................. 13 CITIZENPARTICIPATION............................................................................................................................................. 13 COMMENTS RECEIVED PRIOR TO THE PUBLIC MEETING: ................................................................................................. 13 STAFFRESPONSE: ..................................................................................................................................................... 13 COMMENTS RECEIVED DURING THE PUBLIC MEETING: ................................................................................................... 13 STAFFRESPONSE: ..................................................................................................................................................... 13 CITIZENPARTICIPATION............................................................................................................................................. 13 COMMENTS RECEIVED PRIOR TO THE PUBLIC MEETING: ................................................................................................. 13 STAFFRESPONSE: ..................................................................................................................................................... 13 COMMENTS RECEIVED DURING THE PUBLIC MEETING: ................................................................................................... 13 STAFFRESPONSE: ..................................................................................................................................................... 1 14 Introduction The American Rescue Plan Act of 2021 ("ARP") appropriated $5 billion to communities across the U.S. to provide housing, services, and shelter to individuals experiencing homelessness and other vulnerable populations. These funds were allocated by formula to jurisdictions that qualified for funding through the HOME Investment Partnership Program (HOME Program) from the U.S. Department of Housing and Urban Development (HUD). Eligible activities that may be funded with HOME -ARP include: • Development and support of affordable housing • Tenant -based rental assistance • Provision of supportive services • Acquisition and development of non -congregate shelter units Funds must primarily benefit individuals and households in the following Qualifying Populations: • Experiencing homelessness • At risk of homelessness • Fleeing domestic violence, dating violence, sexual assault, stalking or human trafficking • Other populations with high risk of housing instability The City of Iowa City received a total of $1,789,981 in HOME -ARP funding and expects to make $1,521,981 in HOME - ARP funds available for allocation in one competitive funding round. Consultation In order to inform the HOME -ARP allocation plan, the City of Iowa City consulted with agencies who serve the qualifying populations. This consultation was conducted via survey, virtual stakeholder meetings, in-person meetings, and conference calls. Specific consultations were held with the Iowa Balance of State CoC Lead Agency, Institute for Community Alliances; the Iowa City Housing Authority; and at the regular meeting of the Johnson County Local Homeless Coordinating Board (LHCB). Additional individual consultation meetings were held with individual service providers upon request. CONSULTATIONS HELD • Local Homeless Coordinating Board Consultation o December 8, 2021 • Iowa Legal Aid Consultation o January 11, 2022 • Domestic Violence Intervention Program (DVIP) Consultation o January 17, 2022 • The Housing Fellowship (THF) Consultation o February 18, 2022 • Institute for Community Alliances Consultation o April 7, 2022 2 ORGANIZATIONS CONSULTED: Legal, Eviction Iowa Legal Aid Agency/Org. I Type of-- Consulted - I' Agency/0 Johnson Iowa City County Local Homeless omeless Agency Services Coordinating Johnson Board (LHCB) County Method -of Consultation Feedback Virtual Stakeholder Feedback summarized by agency below. Meeting - - -- --- - - - _ Pest - - --- - - Homeless Virtual Rental rehab, control; Case management critical, prioritize Shelter House Services Stakeholder below 30% AMI g Highest priorities: Rental Assistance Domestic Violence Intervention Program (DVI P) Virtual Med/High Priorities: Development of Affordable Housing; Domestic Stakeholder Supportive Services Violence Services Meeting• Survey Other: Overall decrease in DV shelters across the state; Lack of available units for families needing 3+ BR both in shelter and affordable rentals; Larger than recommended caseloads. Virtual Stakeholder Need for Supportive Services, homelessness prevention Meeting Virtual Highest Priority: Supportive Services, TBRA Stakeholder Meeting; In Need for rent assistance, application fees, housing for larger person meeting families, agencies understaffed. Virtual Stakeholder Highest priority: PSH Meeting Virtual Stakeholder General lack of affordable housing Meeting Highest Priority: Development of Affordable Housing Legal, Eviction Iowa Legal Aid Prevention, Fair People in the Housing, Civil Rights Iowa City Public Housing Housing Agency Authority System Johnson Johnson County Affordable/Fair Affordable Housing Housing Advocacy Coalition Meeting Hawkeye Area _... . Community CHDO, Homeless Action Services Program (HACAP) Other: Overall decrease in DV shelters across the state; Lack of available units for families needing 3+ BR both in shelter and affordable rentals; Larger than recommended caseloads. Virtual Stakeholder Need for Supportive Services, homelessness prevention Meeting Virtual Highest Priority: Supportive Services, TBRA Stakeholder Meeting; In Need for rent assistance, application fees, housing for larger person meeting families, agencies understaffed. Virtual Stakeholder Highest priority: PSH Meeting Virtual Stakeholder General lack of affordable housing Meeting Highest Priority: Development of Affordable Housing Services for Inside Out People in the Virtual Stakeholder Reentry Criminal Justice System Meeting; Survey Johnson Virtual County Social County Stakeholder Services Government Meeting Med/High Priority: Rental Assistance; Supportive Services Other: Lack of 1br & Efficiency units; challenges with finding housing for individuals with criminal backgrounds; more funding for case management Renters are cost burdened. Shortage of affordable housing, specifically one bedrooms and units for larger families. Supportive services also needed. 3 Housing Trust Fund of Johnson County Waypoint The Housing Fellowship Institute for Community Alliances Anonymous Highest Priority: Rental Assistance, Development of Affordable Housing; Supportive Services CHDO, Housing development of affordable housing followed by eviction Stakeholder Provider prevention/rental assistance. Concerns about construction CoC Organization addressing fair housing & civil rights Meeting timing & costs due to supply chain challenges. Virtual Supportive services and operating expenses are a high priority. Stakeholder Pandemic impacted workforce significantly and caseloads are Meeting high. Always need more affordable housing as well. Highest priorities: Rental Assistance, Development of Affordable Housing Survey Med/High priorities: Supportive Services, NCS Virtual Medium Priority: NCS Housing Services Stakeholder Veteran's Virtual Meeting; Survey Other: Financial challenges in getting into housing (deposit, first Stakeholder month rent, etc.); shortage of affordable housing and Affairs Services operational financial support for service providers Domestic Virtual Suggestion for housing programs for victims of homicide and/or Violence & Stakeholder , homeownership programs. (Not HOME -ARP eligible) Mental Health Meeting Mental Health Renters are significantly cost burdened. Highest priority is Virtual CHDO, Housing development of affordable housing followed by eviction Stakeholder Provider prevention/rental assistance. Concerns about construction CoC Organization addressing fair housing & civil rights Meeting timing & costs due to supply chain challenges. Virtual Supportive services and operating expenses are a high priority. Stakeholder Pandemic impacted workforce significantly and caseloads are Meeting high. Always need more affordable housing as well. Highest priorities: Rental Assistance, Development of Affordable Housing Survey Med/High priorities: Supportive Services, NCS Other: Low to middle income underserved, paying high rents. Veteran's Veteran's Virtual Stakeholder No specific comments provided. Affairs Services Meeting Virtual Mental Health Abbe Health Stakeholder No specific comments provided. Services Meeting Youth Services, United Action Virtual for Youth Mental, Stakeholder No specific comments provided. (LAY) Homeless Meeting Services Virtual Amerigroup Healthcare Stakeholder No specific comments provided. Services Meeting National Association for Mental Health Virtual Mental Illness Services Stakeholder No specific comments provided. (NAMI) Meeting CommUnity Food Services, Virtual Crisis Services Mental health, Stakeholder No specific comments provided. and Food Bank Housing Services Meeting Iowa City School Virtual Community District/Youth & Stakeholder No specific comments provided. School District School) - Family Services - - - - Meeting --- .._ _ Virtual Iowa City Free Food Services Stakeholder No specific comments provided. Lunch Program Meeting 4 SUMMARY OF FEEDBACK The most frequent response that we received was that the City of Iowa City's affordable housing inventory is not meeting the demand. Specifically, the availability of affordable one bedroom and efficiency units is below demand as well as the availability of affordable housing for households requiring more than 3 bedrooms. In addition, service providers reported an increased need for funding for supportive services to assist persons at risk of or experiencing homelessness. While this need is certainly documented, there was additional concern regarding sustainability of funding for supportive services outside of one-time funds. Other populations identified include those who are "rent burdened", paying more than 30% of their monthly income in rent, in low to middle income brackets. Additional feedback received indicated that housing and services for special populations (specifically: victims of domestic violence, youth experiencing homelessness, & individuals with criminal backgrounds) and general rental assistance would also be beneficial in the community. Public Participation In accordance with Section V.B of the Notice (page 13), the City of Iowa City is providing for and encouraging citizen participation in the development of the HOME -ARP allocation plan. Residents will receive notice of the 27 -day comment period via press release as required by the citizen participation plan. This includes notice posted on the City Clerk's Bulletin Board on the First Floor of City Hall, publishing of notices in one or more newspapers of general circulation, and announcement on City websites including access to relevant documents for review. Documents are also available to the public at City Hall. Residents will receive at least 15 -days notice of the Substantial Amendment hearings. Public hearings were held during the July 2151, 2022 Regular Meeting of the Housing and Community Development Commission , and at the August 16th, 2022 Regular Meeting of the City Council. Public hearings were again held during the July 20th, 2023 Regular Meeting of the Housing and Community Development Commission, and at the August 15th, 2023 Regular Meeting of the City Council. Public hearings for the Substantial Amendment will be held during the January 11th, 2024 Regular Meeting of the Housing and Community Development Commission, and at the February 6th, 2024 Regular Meeting of the City Council. PUBLIC PARTICIPATION PROCESS 5 Summary of,. Dates) of< Mode of Outreach . Summary of Summary of . Comments not Outreach'. Response/Attendance. Comments Received Accepted and Reason. Newspaper ad to solicit 7/21/2022 Public Notice public input on HOME -ARP N/A N/A Allocation Plan 7/21/2022 Public Comment through Period No response See Appendix A See Appendix A 8/16/2022 7/21/2022 Public Hearing No response See Appendix A See Appendix A 8/16/2022 Public Hearing Noah Peterson commented See Appendix A See Appendix A 5 Needs Assessment and Gaps Analysis To assess the needs of HOME -ARP qualifying populations, the City of Iowa City reviewed the current shelter and housing inventory, the size of the populations, and the system of supportive services in the community. To conduct the needs assessment and gaps analysis, the City of Iowa City utilized current data, including the 2022 Point In Time Count (PIT), the 2022 Iowa Balance of State Continuum of Care Housing Inventory Count (HIC), the most recent Comprehensive Housing Affordability Strategy (CHAS) data, and consultation with the Institute for Community Alliances, who is the lead agency for the Iowa Balance of State Continuum of Care (IA BoS CoC) as well as the IA BoS CoC Homeless Management Information System (HMIS) administrator. Homeless . Newspaper ad to solicit Inventory Homeless Population 7/29/2023 Public Notice public input on HOME -ARP N/A N/A Victims of DV - Family. y HH (at Allocation Plan Victims 7/29/2023- Public Comment No Response See Appendix A See Appendix A 8/15/2023 Period Youth` of DV Beds 7/20/2023 Public Hearing No response See Appendix A See Appendix A Beds Units Newspaper ad to solicit Units Beds 1/11/2024 Public Notice public input on HOME -ARP 0 70 0 29 Allocation Plan -1M. 1/11/2024- Public Comment ■ ■ ■ 2/6/2024 Period Shelter 1/11/2024 Public Hearing 2/6/2024 Public Hearing Needs Assessment and Gaps Analysis To assess the needs of HOME -ARP qualifying populations, the City of Iowa City reviewed the current shelter and housing inventory, the size of the populations, and the system of supportive services in the community. To conduct the needs assessment and gaps analysis, the City of Iowa City utilized current data, including the 2022 Point In Time Count (PIT), the 2022 Iowa Balance of State Continuum of Care Housing Inventory Count (HIC), the most recent Comprehensive Housing Affordability Strategy (CHAS) data, and consultation with the Institute for Community Alliances, who is the lead agency for the Iowa Balance of State Continuum of Care (IA BoS CoC) as well as the IA BoS CoC Homeless Management Information System (HMIS) administrator. Homeless . Current Inventory Homeless Population Gap Analysis Family Adults Only Youth Victims of DV - Family. y HH (at Adult HH Victims Family - Adults Only .Youth Victims of DV least 1 child) . (w/o .-child) Youth` of DV Beds Units: Beds Beds Beds Units Beds Units Beds. Units Beds Beds Emergency 0 0 70 0 29 15 -1M. ■ ■ ■ ■ ■ ■. Shelter Transitional 0 0 10 15 8 5 IN . ■ ■ ■ M ■ ■ INHousing Permanent Supportive 12 3 184 0 0 0 0000000000 Housing Rapid 77 21 72 0 15 5 MEEME MW Rehousing Sheltered ®®�® 11 135 29 ■ ■ ■ ■ ■ ! Homeless 161•' Unsheltered MEOW ®� 0 12* 2 ®®®®®M Homeless Current Gap ®®®�®0®1M® 0 0 0 0 140 4 *After consultation with the CoC Lead Agency, it was unable to be determined how many of the unsheltered count was located within Iowa City. "Unable to determine the shelter status of youth presenting due to varying definitions of "sheltered". See Explanation in 'Size and Demographic Composition of Qualifying Populations; QP1: Homeless". Non -Homeless Current Level of Gap inventory Need -Anal sis' # of # of # of Units Households ' Households Total Rental Units 15,980 Rental Units Affordable to HH at 30% AMI (At -Risk of 1,495 Elm Homelessness) Rental Units Affordable to HH at 50% AMI (Other Populations) 980 _ M 0%-30% AMI Renter HH w/ 1 or more severe housing problems 6,180 001 (At -Risk of Homelessness) 30%-50% AMI Renter HH w/ 1 or more severe housing 2,465 problems (Other Populations) Current Gaps 6,170 Data Sources: Point in Time Count Housing Inventory Count, Comprehensive Housing Affordability Strategy; Consultation with Youth providers SIZE AND DEMOGRAPHIC COMPOSITION OF QUALIFYING POPULATIONS QP1: Homeless Based on the January 2022 Point -In -Time (PIT) Count for Johnson County, there were 146 sheltered and 12 unsheltered homeless individuals identified. After consultation with the Institute for Community Alliances, the Collaborative Applicant and Continuum of Care Lead Agency and HMIS lead, it was unable to be determined how many of those identified in the PIT time count were located within Iowa City. Given that all of the sheltered population and shelter services in Johnson County are located within Iowa City, it was determined that all those identified would be most likely to receive services within the City and therefore the full count was included. Additionally, based on consultation with local providers, it was determined that one of the populations, that is not entirely captured by the Point in Time Count is the population of Youth experiencing Homelessness as defined by the Runaway Youth and Homelessness Act (RHYA). To obtain an accurate depiction of the population, the City of Iowa City consulted with United Action for Youth (UAY) to obtain a snapshot of the referrals that they have received. From October 2021 to September 2022, 161 youth experiencing homelessness were referred for services, and 21 youth and 2 additional dependents were able to be served by the youth transitional living program. The RYHA defines homeless youth as "an individual who cannot live safely with a parent, legal guardian, or relative, and who has no other safe alternative living arrangement". Due to the varying living situations of youth that qualify under this definition, it is unable to determine the sheltered status of the population according to McKinney-Vento definitions. QP2: At risk of Homelessness According to CHAS data for 2014-2018, 27.2% of all households have income less than 30% AMI. This represents 8,180 households of the total population. Based on the data, this significantly increases for renters. Of the total population, 51.3% of households, or a total of 15,465 reside in rental units. Of those renters, 47.1%, or 7,235 renters, have income less than 30% AMI. Of those households with income less than 30% AMI, a total of 5,690, or 69.6% have a housing cost burden greater than 50% of their household income. This increases to 71.9% when accounting for only the renting households. 7 QP3• Fleeing, or Attempting to Flee Domestic Violence Dating Violence Sexual Assault, Stalking, or Human Trafficking According to the Institute for Community Alliances, approximately 13.6% of households in Johnson County who experienced homelessness as indicated on Point in Time Counts from 2019-2021 had histories of domestic violence or were actively fleeing domestic violence, dating violence, sexual assault, stalking, or human trafficking. During the three-year period, this represented 507 households. QP4: Other Populations: (1) Other Families Requiring Services or Housing Assistance to Prevent Homelessness & (2) At Greatest Risk of Housing Instability Of the approximately 15,365 households identified by CHAS data who rent their home in Iowa City, 18.2% have income less than 50% AMI, but greater than 30% AMI. For those renters who have been identified as having income <=50% AMI, 29.9% are identified as having a cost burden paying over 50% of their monthly income. This means that an additional 835 households who are not identified as being at risk of homelessness are at great risk of housing instability. The circumstances that qualify such a household under the HOME -ARP statutes have been significantly exacerbated by the COVID-19 pandemic and it is likely that the data has not yet been captured to truly represent the number of households that would qualify in this category today. While Rapid Rehousing assistance is a significant need and facilitates the immediate housing stabilization of households experiencing homelessness, the COVID-19 pandemic has significantly impacted all residents, to include households served by Rapid Rehousing Programs prior to the pandemic. This means there is a high likelihood that without additional services, households who previously received assistance are at significant risk of returning to homelessness without additional supportive services. CURRENT RESOURCES AVAILABLE TO ASSIST QUALIFYING POPULATIONS & UNIVIET NEEDS QP1: Homeless There are currently 70 Emergency Shelter Beds available year-round for single adults within the City of Iowa City. During the winter months, there are an additional 40 units of temporary shelter for single adults. There are 101 Permanent Supportive Housing units available for single adults experiencing homelessness, as well as 72 "units" of Rapid Rehousing assistance for the same population. In addition, there are 16 "units" of Rapid Rehousing assistance for families with children. While the availability of housing units and shelter beds seem to be adequate for the community need, consultation with service providers indicated that there is a notable decrease in the availability of supportive services once these individuals are housed due to decreased funding and increased caseload. This represents a significant need in the community. There are 10 Transitional Housing beds available through the GPD program specifically for Veterans experiencing homelessness, however as of the 2022 PIT Count, only two of these units were being utilized. Due to the low utilization and the low identification of veterans experiencing homelessness (only 18 unsheltered Veterans were identified in the State of Iowa), Veteran -specific programs were not determined to be a critical need at this time. There are currently no Emergency Shelter opportunities for families with children unless the household has experienced domestic violence. However, there were no unsheltered families with children identified on the Point in Time Count. As a result, this gap was not identified as a priority during our consultation and needs assessment as the need is not determined to be critical at this time. There are an additional 13 transitional housing units for individual youth, as well as one 2 -bed unit available for youth with children. According to local demand for services, there are nearly 12 times as many youths experiencing homelessness as there are available housing and services for this population. QP2: At risk of Homelessness The number of assistance programs for individuals who are at -risk of homelessness were supported largely by emergency funds previously allocated because of the COVID-19 pandemic and are limited, one-time emergency assistance, or temporary in nature and do not serve to stabilize the household long-term. There are ongoing efforts by various nonprofit agencies to provide one-time rental assistance as well as legal assistance and eviction prevention efforts to avoid a household entering homelessness. Supportive services for individuals at risk of homelessness were identified as a largely unfunded need and gap in services. QP3: Fleeing, or Attempting to Flee, Domestic Violence, Dating Violence, Sexual Assault, Stalking, or Human Trafficking As of the 2022 Point in Time Count, there are 29 beds of emergency shelter, 8 transitional housing beds, and 9 units of Rapid Rehousing available to households fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking, or human trafficking in the City of Iowa City. In 2021, local provider DVIP reports that they had to divert around 350 households to short term hotel stays due to the shelter being full. Furthermore, the effects of the COVID-19 pandemic have significantly exacerbated the concern regarding populations that qualify for services under this category. In September of 2021, a representative from Iowa Attorney General's Crime Victim Assistance Division stated" the number of fatalities in the first nine months of 2021 is equal to all of those recorded in 2020, and with three more months to go, it is a sign of a tragic trajectory". In May of 2020, DVIP hotline calls increased by 28% and have not decreased since. Due to the increase in need and safe housing solutions, last year DVIP started renting 6 apartments for families to live in with 24/7 trauma -informed care similar to the services offered at the emergency shelter. The needs assessment clearly demonstrates a significant gap in services for this HOME -ARP qualifying population. QP4: Other Populations: (1) Other Families Requiring Services or Housing Assistance to Prevent Homelessness & (2) At Greatest Risk of Housing Instability The services available in the community for this qualifying population are largely similar to those provided for households at -risk of homelessness. While some programs are specific to those who fit the McKinney-Vento definition of at -risk of homelessness, others provide rental assistance, legal assistance, and eviction prevention to low-income populations as well who are experiencing housing instability. However, funding for these programs is limited. As a result of the needs assessment, it became clear that housing stability supportive services is a significant need within the City of Iowa City. HOME -ARP Activities THE METHOD FOR SOLICITING APPLICATIONS The City of Iowa City is soliciting applications for HOME -ARP funds. Applications will be reviewed by the Housing and Community Development Commission (HCDC) who will make the final funding recommendations to City Council. The HCDC will not allocate funds to a subrecipient or contractor to administer the entirety of the HOME - ARP grant nor will funds be awarded prior to HUD's acceptance of the HOME -ARP allocation plan. Prospective applicants were notified of the solicitation of applications via press release. An applicant guide was provided, and virtual Q&A sessions were held to assist applicants in learning more about the application process. The City of Iowa City will oversee the administration of HOME -ARP funds and will not administer HOME -ARP activities directly. 0 USE OF HOME -ARP FUNDING USE .IUSTIFICATION In accordance with the requirements in HOME -ARP Implementation Notice CPD 21-10, The City of Iowa City has utilized the consultation process and the needs assessment and gap analysis to determine the priority needs for qualifying populations in the community, which are funds to support supportive services programs serving qualified populations. As a result of this analysis, the funds have been allocated primarily to these activities. Based on the most recent Point In Time Count (PIT) and Housing Inventory Count (HIC), the number of general shelter beds appears to be meeting the needs of the community, therefore development of non -congregate shelter is not a priority at this time for the general population. However, based on consultations, victims of domestic violence have unique shelter needs and greatly benefit from a non -congregate setting. Additionally, while rental assistance was identified as a needed service in the community, it was determined that rather than TBRA, additional supportive services to assist in stabilization of the household overall would be the most effective use of resources. HOME -ARP Production Housing Goals The City of Iowa City anticipates that HOME -ARP funding will be utilized to produce seven (7) units of non - congregate shelter for individuals and families fleeing domestic violence. In addition to the new units proposed, HOME -ARP funds will be utilized to provide supportive services to over 1200 individuals in more than 500 households. Preferences A preference provides a priority for the selection of applicants who fall into a specific QP or category (e.g., elderly or persons with disabilities) within a QP (i.e., subpopulation) to receive assistance. A preference permits an eligible applicant that qualifies for a PJ -adopted preference to be selected for HOME -ARP assistance before another eligible applicant that does not qualify for a preference. A method of prioritization is the process by which a PJ determines how two or more eligible applicants qualifying for the some or different preferences are selected for HOME -ARP assistance. For example, in a project with a preference for chronically homeless, all eligible QP applicants are selected in chronological order for a HOME -ARP rental project except that eligible QP applicants that qualify for the preference of chronically homeless ore selected for occupancy based on length of time they have been homeless before eligible QP applicants who do not qualify for the preference of chronically homeless. In accordance with Section V. C.4 of the Notice (page 15), the HOME -ARP allocation plan must identify whether the PJ intends to give a preference to one or more qualifying populations or a subpopulation within one or more qualifying populations for any eligible activity or project. 10 Funding Amount. Percent of the. Grant Statutory Limit Supportive Services $838,594 Acquisition and Development of Non -Congregate Shelters $650,000 Tenant Based Rental Assistance (TBRA) $ 0 Development of Affordable Rental Housing $0 Non -Profit Operating $ 33,387 1.87% 5% Non -Profit Capacity Building $ 0 0% 1 5% Administration and Planning $ 268,000 15% 15% Total HOME ARP Allocation $ 1,789,981 USE .IUSTIFICATION In accordance with the requirements in HOME -ARP Implementation Notice CPD 21-10, The City of Iowa City has utilized the consultation process and the needs assessment and gap analysis to determine the priority needs for qualifying populations in the community, which are funds to support supportive services programs serving qualified populations. As a result of this analysis, the funds have been allocated primarily to these activities. Based on the most recent Point In Time Count (PIT) and Housing Inventory Count (HIC), the number of general shelter beds appears to be meeting the needs of the community, therefore development of non -congregate shelter is not a priority at this time for the general population. However, based on consultations, victims of domestic violence have unique shelter needs and greatly benefit from a non -congregate setting. Additionally, while rental assistance was identified as a needed service in the community, it was determined that rather than TBRA, additional supportive services to assist in stabilization of the household overall would be the most effective use of resources. HOME -ARP Production Housing Goals The City of Iowa City anticipates that HOME -ARP funding will be utilized to produce seven (7) units of non - congregate shelter for individuals and families fleeing domestic violence. In addition to the new units proposed, HOME -ARP funds will be utilized to provide supportive services to over 1200 individuals in more than 500 households. Preferences A preference provides a priority for the selection of applicants who fall into a specific QP or category (e.g., elderly or persons with disabilities) within a QP (i.e., subpopulation) to receive assistance. A preference permits an eligible applicant that qualifies for a PJ -adopted preference to be selected for HOME -ARP assistance before another eligible applicant that does not qualify for a preference. A method of prioritization is the process by which a PJ determines how two or more eligible applicants qualifying for the some or different preferences are selected for HOME -ARP assistance. For example, in a project with a preference for chronically homeless, all eligible QP applicants are selected in chronological order for a HOME -ARP rental project except that eligible QP applicants that qualify for the preference of chronically homeless ore selected for occupancy based on length of time they have been homeless before eligible QP applicants who do not qualify for the preference of chronically homeless. In accordance with Section V. C.4 of the Notice (page 15), the HOME -ARP allocation plan must identify whether the PJ intends to give a preference to one or more qualifying populations or a subpopulation within one or more qualifying populations for any eligible activity or project. 10 • Preferences cannot violate any applicable fair housing, civil rights, and nondiscrimination requirements, including but not limited to those requirements listed in 24 CFR 5.105(a). • The PJ must comply with all applicable nondiscrimination and equal opportunity laws and requirements listed in 24 CFR 5.105(a) and any other applicable fair housing and civil rights laws and requirements when establishing preferences or methods of prioritization. USE OF PREFERENCES Based on the needs assessment and gaps analysis and consultation with local providers, the City of Iowa City will implement a preference for one or more qualifying populations in selecting which projects to award HOME -ARP funds through a competitive application process. Specifically: • Qualifying Population 2: At Risk of Homelessness o Needs Assessment indicated that while housing and shelter beds are available for homeless households, the availability of adequate supportive services for these households decreases once they are housed. • Qualifying Population 3: Fleeing, or attempting to flee, Domestic Violence, Dating Violence, Sexual Assault, Stalking, or Human Trafficking o Needs Assessment indicated that the already high demand has increased greatly due to the COVID- 19 pandemic. While individual projects will utilize the preferences mentioned, the City of Iowa City will ensure that funding decisions are made which will ensure that such projects are funded which do not have preferences and will serve all the qualifying populations without prioritization. This will ensure that all qualifying populations are eligible to be served by HOME -ARP funds, while also honoring the specific community needs as identified in the needs assessment. Additionally, the City of Iowa City has consulted with the HUD Office of Fair Housing and Equal Opportunity to ensure the identified preferences do not constitute a violation of the Fair Housing Act, See Appendix B for more details. HOME -ARP funds utilized for the development of non -congregate shelter will have a preference for qualifying participants in Category 3 — Fleeing, or Attempting to Flee, Domestic Violence, Dating Violence, Sexual Assault, Stalking, or Human Trafficking. This qualifying population was identified as lacking sufficient non -congregate shelter in the needs and gap analysis. One Supportive Services project will also implement a preference for Qualifying Population 2: At Risk of Homelessness. The City of Iowa City will also fund additional Supportive Services projects which do not implement preferences and will serve all HOME -ARP qualifying populations. As a result, the City does not anticipate this preference will have a negative impact on other qualifying populations accessing HOME -ARP funds. REFERRAL METHODS Applicants for HOME -ARP fundingfrom the City of Iowa City will utilize different referral methods for their programs as appropriate: • Programs with a preference for Category 2 Qualified Populations will use several referral methods which include community and self -referrals. Services are provided on a chronological basis. 11 Programs with a preference for Category 3 Qualified Populations will use several referral methods which include referrals from the coordinated services region, community referrals, and self -referrals. Services are provided on a chronological basis. Programs operating without a preference will utilize an internal waiting list and will serve all qualified populations in chronological order. LIMITATIONS INA HOME -ARP RENTAL HOUSING OR NCS PROJECT HOME -ARP funds utilized for the development of non -congregate shelter will have a limitation for qualifying participants in Category 3 — Fleeing, or Attempting to Flee, Domestic Violence, Dating Violence, Sexual Assault, Stalking, or Human Trafficking. Participants that have experienced these traumatic events require specialized care and consideration and are more likely to take part in and benefit from supports which are specific to their needs. According to numerous sources, including the World Health Organization, it has been seen around the world that domestic violence is increasing due to the pandemic. Victim -survivors have been forced to isolate in their homes with their abusers due to the pandemic which has in turn increased the lethality of domestic violence for many individuals served by these service providers. Non -congregate shelter offers not only the privacy and safety needed for these families to process their traumatic experiences with the support of service providers who have specialized training, but protection from concerns that result from the COVID-19 pandemic. Furthermore, as participants are fleeing dangerous situations, their privacy is of the utmost importance. Due to the nature of the services provided, this limitation is necessary to ensure a safe, confidential, and secure shelter which is limited to participants in similar situations. UNMET NEEDS OF OTHER QUALIFYING POPULATIONS The City of Iowa City does not anticipate that the limitation of populations served with the anticipated non - congregate shelter project will negatively impact other qualifying populations. According to the needs assessment and consultation, the community need for non -congregate shelter for the general population is not a priority currently. The current availability of shelter beds is generally proportionate to the population identified in the Point in Time count. The identified need for non -congregate shelter was specifically limited to Category 3 — Fleeing, or Attempting to Flee, Domestic Violence, Dating Violence, Sexual Assault, Stalking, or Human Trafficking. The City of Iowa City does not anticipate the preference of populations served by one Supportive Services Project will negatively impact other qualifying populations as an additional Supportive Services Project will serve all qualifying populations. HOME -ARP Refinancing Guidelines The City of Iowa City does not intend to use HOME -ARP funds to refinance existing debt secured by multi -family rental housing. 12 APPENDIX A CITIZEN PARTICIPATION The 27 -day public comment period forth Substantial Amendment to the FY21 Annual Action Plan/HOME-ARP Allocation Plan began on July 21, 2022 and ended on August 16, 2022. The City Council held a public meeting on August 16, 2022. COMMENTS RECEIVED PRIOR TO THE PUBLIC MEETING: None. STAFF RESPONSE: N/A COMMENTS RECEIVED DURING THE PUBLIC MEETING: 1. Noah Peterson: Expressed concerns about the winter/temporary shelter opening later than expected. Requests that the City ensure the shelter opens sooner this coming winter. This represents a summary of the public comment(s) received. The full, recorded meeting is available online through a variety of platforms including Facebook, YouTube, and the City Channel 4 website. Links to Council documents and recorded meetings are available at icgov.org/councildocs. STAFF RESPONSE: 1. The proposed activity allocates HOME -ARP funds for the provision of supportive services for individuals experiencing homelessness. The winter shelter is not an identified beneficiary of the proposed activity, however, staffing shortages significantly contributed to the challenges that nonprofits experienced when opening the winter shelter in recent years. Further, the requested activity is not an eligible use of HOME -ARP funds, however additional funding for nonprofits serving those experiencing homelessness should provide additional financial stability to support timely operations. CITIZEN PARTICIPATION The 18 -day public comment period for the Substantial Amendment to the FY21 Annual Action Plan/HOME-ARP Allocation Plan began on July 29, 2023 and ended on August 15, 2023. The City Council held a public meeting on August 15, 2023. COMMENTS RECEIVED PRIOR TO THE PUBLIC MEETING: None. STAFF RESPONSE: N/A COMMENTS RECEIVED DURING THE PUBLIC MEETING: None 13 STAFF RESPONSE: N/A APPENDIX B 14